CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Planning Board Dan Clermont, Chair Members Present: Michael Halflants, Vice Chair Members Damien Blumetti, Kathy Kelley Ohlrich, Terrill Salem Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Myra Schwarz, General Manger, Development Services Steve Cover, Planning Director Ryan Chapdelain, AICP, General Manager, Planning Department Briana Dobbs, AICP, Senior Planner, Planning Department Tom Sacharski, AICP, Development Review Senior Planner Rebecca Webster, Planner, Planning Department John Nopper, Coordinator, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services 10:24:27 A.M. I. CALL! MEETING TO ORDER AND ROLL CALL PB Chair Clermont called the meeting to order. General Manager Schwarz [acting as the Planning Board's S Secretary] called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO THE ORDER OF THE DAY There were no changes to the Order of the Day. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICET TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) 10:25:51 A.M. A. Reading ofthe Pledge of Conduct Secretary Schwarz read the Pledge of Conduct. Attorney Connolly recommended time limits for the presentations that will follow; and noted there are Affected Persons for the quasi-judicial public hearing on today's meeting agenda. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 2 of 12 Attorney Connolly administered the oath to those wishing to speak at today's meeting. 10:27:23 A.M. B. Legislative Public Hearings 1. Attainable Housing Density Bonus for Downtown Districts: Zoning Text Amendment Application No. 23-ZTA-03 is a request for Zoning Text Amendment approval to amend the definition of attainable housing; create a definition for base density, sidewalk system, amenity zone, and pedestrian zone; expand ability to apply for an adjustment to the location of parking; modify Map VI-1001 and Map VI-1003; allow for an attainable housing density bonus in certain downtown zone districts; amend density, zoning lot size, and special requirements in Table VI-1003; Amend Table VI-1004; clarify use of metal as a building material in the Fruitvillle Gateway Corridor Overlay District; modify regulations and provide incentives for public parking in the Rosemary Residential Overlay District (RROD); clarify how the downtown attainable housing density bonus will affect development that have used two or more zoning lots, lots of record or parcels to satisfy zoning requirements. (Briana Dobbs, AICP, Senior Planner) PB Chair Clermont opened the public hearing. Planning Director Cover, General Manager Chapdelain, Senior Planner Dobbs, and Planner Webster appeared. Director Cover provided opening remarks; reviewed the process to-date; and pointed out the proposed Zoning Text Amendments are only applicable to the downtown. 10:30:16 A.M. Senior Planner Dobbs discussed public outreach efforts; presented a graphic depicting the timeline of the development of the proposed Zoning Text Amendments; provided statistics showing the need for attainable housing; discussed the economic impacts; noted the current programs and initiatives; discussed the recommendations and best practices; provided an overview of what was approved by the City Commission; and provided an overview of the recommendations. 10:44:50 A.M. Director Cover addressed the percentages of required attainable housing units above base density. 10:46:14 A.M. General Manager Chapdelain discussed the Tiering Requirements; Monitoring Agreements; Development Standards; Primary Grid Streets; and proposed Sidewalk System. 10:51:37 A.M. Senior Planner Dobbs discussed the process for obtaining adjustments to the Sidewalk System requirements; primary street requirements for structured parking; changes to Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 3 of12 the Primary Street Standards; the Fruitville Gateway Corridor Overlay District; the Rosemary Residential Overlay District; and provisions for density that has been previously transferred to another parcel. 10:57:35 A.M. General Manager Chapdelain discussed the applicable provisions of the "Live Local Act" recently adopted by the State. 10:58:23 A.M. Staff responded to questions from PB Member Salem regarding inclusion of Section 8 recipients; third-party management of owner-occupied units; and units becoming market rate units after 30 years. 10:59:57 A.M. Staff responded to questions from PB: Member Ohlrich regarding providing a summary of comments the public made as part of the community outreach efforts; citizen opposition to administrative approvals; the need for mandatory Community Workshops; and the Development Review Committee (DRC) process. 11:07:26 A.M. Staff responded to questions from PB Member Blumetti regarding availability of data on the projected number of additional attainable units that would be realized; the adequacy of the proposed percentages in providing incentives for developers; the monitoring of the rental units; and the adequacy of staffing levels to do the monitoring. 11:11:37 A.M. Staff responded to questions from PB Vice Chair Halflants regarding unit size versus building size; rental units versus owner-occupied units; dispersal of rental units in owner-occupied condominiums; the 30-year requirement for owner-occupied units; the Sidewalk System requirements constituting a taking; screening of parking garages; the minimum number of public parking spaces required; allowable density after the transfer of density rights; and Community Workshops coinciding with the DRC process. 11:29:26 A.M. Staff responded to questions from PB Chair Clermont regarding the experiences other communities have had using 15% as the minimum number of units designated for attainable housing; why unrelated issues are included in this Zoning Text Amendment; and the Live Local Act provisions. 11:34:48 A.M. Attorney Connolly read aloud the applicable sections of the Live Local Act. Discussion ensued. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 4 of 12 11:45:09 A.M. Staff responded to additional questions from PB Chair Clermont regarding the timeline for holding Community Workshops and the impact of the public parking incentives on density. 11:51:50 A.M. PB Member Blumetti suggested the PB members hear from the public then discuss each topic individually. PB Chair Clermont suggested representatives of the development community be allowed additional time to make their presentations. Discussion ensued. 11:53:31 A.M. Citizen Input: Attorney Dan Bailey, representing Ms. Michael Saunders, appeared and discussed his concerns regarding the impact of the proposed Sidewalk System requirements on a parcel at the corner of Main Street and Osprey Avenue. Ms. Michael Saunders appeared and noted hardships that long-term downtown property owners have endured over the years. Mr. Ian Black, Realtor, appeared and stated his concerns regarding potential over- regulation. Mr. David Lough, President of the Downtown Sarasota Condominium Association (DSCA), appeared and stated non-binding Community Workshops should be required. Mr. Richard Harris, President of the Coalition of City Neighborhood Associations (CCNA), appeared and stated Community Workshops should be required and be held prior to submittal of an Administrative Site Plan application; and stated the implementing ordinance should have a sunset provision. Mr. Eric Garduno, representing the Bay Area Apartment Association, appeared and stated their group is in support of the proposed density bonus incentives. 12:13:44 P.M. Attorney Bill Merrill appeared and requested himself, Attorney Macaire King, and Mr. Philip DiMaria be given 5 minutes each to provide a combined presentation. The PB agreed by consensus. Attorney Merrill stated the team's agreement with the proposed density bonus percentage and the Tiering Requirement; and discussed recommended changes to the staff's S recommendations regarding the definition of attainable housing, the Sidewalk System requirements, and the Live Local Act. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 5 of 12 Attorney King discussed recommended changes to the staff's recommendations regarding the definition of base density and the income range verification process; and stated provisions for Senior Living Facilities should be added. Mr. DiMaria discussed recommended changes to the staff's recommendations regarding the screening of parking garages in the second layer, incentives for the provision of public parking, and the combination of zoning lots. Attorney Merrill presented closing remarks. 12:29:35 P.M. Ms. Christine Robinson, representing the Argus Foundation, appeared and discussed the issues included that do not relate to attainable housing; the diminishment of the incentives if the cost is too high; administrative: approval; and removing any reference to the Live Local Act. Ms. Heather Kasten, representing the Greater Sarasota Chamber of Commerce, appeared and discussed the impacts of the lack of affordable housing on local businesses; the need to simplify the process; and potential over-regulation. Mr. Joe Hembree appeared and stated the need for attainable housing; discussed the bonus density percentage, interspersing of units; and recommended the PB consider the recommendations that Attorney Merrill's team presented. Mr. Chris Gallagher appeared and discussed the interspersing of units; the Sidewalk System requirements; garage depth requirements; and references to habitable space and liner buildings. Mr. George Scarfe appeared and suggested provisions from other local attainable housing initiatives be included; and discussed the Sidewalk System requirements and garage screening requirements. Mr. Paxton Kinol appeared and stated his agreement with the density bonus percentage; said there needs to be a process for expedited review; and said the PB should consider the recommendations that Attorney Merrill's team presented. 12:46:19P.M. Discussion ensued among the PB members regarding the process for proceeding with the public hearing. 12:48:06 P.M. The Planning Board Took a Twelve Minute Break Minutes of the! Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 6 of 12 1:00:13 P.M. Staff Rebuttal: Planning Director Cover, General Manager Chapdelain, Senior Planner Dobbs, and Planner Webster appeared and addressed comments from the citizens input regarding the definition of attainable housing; requiring Community Workshops; adding Senior Living Facilities; screening for parking garages; adding a sunset provision; and design standards for attainable units. 1:07:06 P.M. PB Member Salem and staff discussed the segregation of attainable housing units and adding a sunsetting provision. 1:10:31 P.M. PB Member Ohlrich and staff discussed the interspersing of units; payment of amenity fees; transferring attainable units from rental units to market rate units; recommendations that the Housing Authority provided; and the Live Local Act. 1:19:52 P.M. PB Member Blumetti and staff discussed the need for the incentives to be attractive to developers; interspersing of units; monitoring system for ensuring requirements are being met; the Live Local Act; and public parking. 1:24:22 P.M. PB Vice Chair Halflants and staff discussed interspersing of attainable units and market rate units; the need to make the incentives attractive to developers; and interspersing of rental versus owner-occupied units. 1:29:05 P.M. PB Chair Clermont and staff discussed the design standards for attainable units; the use of terms "should" and "encourage" rather than "require"; and the income verification process. 1:33:00 P.M. Attorney Connolly addressed PB Member Blumetti S question regarding compliance by Homeowner's s Associations. 1:34:05 P.M. PB Member Ohlrich stated her agreement with adding a sunsetting provision. 1:35:39 P.M. Attorney Connolly addressed PB Member Salem's questions regarding Affordable Housing Agreements. 1:36:41 P.M. PB Chair Clermont suggested a review period be identified rather than sunsetting. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 7 of 12 Discussion ensued regarding the process for the PB's review and voting on the proposed ZTAs. 1:40:08 P.M. The Planning Board Took a 32 Minute Break 2:12:19 P.M. PB members discussed how to move forward and agreed by consensus to divide the discussion into seven motions. 2:13:16 P.M. PB members discussed the proposed edits to Section II-201 - Definitions. 2:16:28 P.M. PB Vice Chair Halflants made a motion to recommend approval of the proposed edits to the definitions for Base Density and Sidewalk Systems as written. PB Member Ohlrich seconded the motion. Discussion ensued. The motion passed 5-0. 2:19:32: P.M. PB members discussed the proposed edits to Section II-201 - Definitions regarding the proposed definition for Attainable Housing. 2:22:09 P.M. PB Member Ohlrich made a motion to recommend approval of the proposed definition for Attainable Housing with clarity to be provided regarding interspersing units throughout a development. PB Member Blumetti seconded the motion. The motion passed 5-0. 2:22:39 P.M. PB: members discussed the proposed edits to Section IV-1903 - Adjustments. 2:41:45 P.M. PB Member Blumetti made a motion to recommend approval of the proposed edits to Section IV-1903 as edited by Attorney Merrill regarding Section VI-1005 = Development Standards. Discussion ensued. PB Vice Chair Halflants seconded the motion. Further discussion ensued. The motion passed 5-0. 2:46:11 P.M. PB Vice Chair Halflants made a motion to recommend denial of proposed edits to Section IV-1903(b) as those are no longer necessary; and to recommend approval of the edits to Section IV-1903(a) as written. Discussion ensued. PB Member Blumetti seconded the motion. Further discussion ensued. The motion passed 5-0. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 8 of 12 2:49:52 P.M. PB: members discussed the proposed edits to Division 10. - Downtown Zone Districts. 2:54:58 P.M. PB Member Blumetti announced he wanted to change his vote regarding screening of structured parking and made a motion to strike the proposed design standards in Section IV-1903(b)e.!II. Discussion ensued. PB Vice Chair Halflants seconded the motion. The motion passed 5-0. 2:58:49 P.M. PB members resumed their discussion regarding Division 10 - Downtown Zone Districts. 3:03:08 P.M. PB Vice Chair Halflants made a motion to recommend approval of the proposed edits in Sections VI-1001, 1002, 1003 and 1004, inclusive. PB Member Blumetti seconded the motion, The motion passed 4-1 with PB Member Ohlrich voting no. 3:05:12P.M PB members discussed the proposed edits to Section VI-1005 - Development Standards. PB Member Ohlrich made a motion to recommend approval with the addition of a sub- section regarding providing for when a unit is converted from rental to owner- occupied. After discussion PB Member Ohlrich withdrew her motion. 3:13:02 P.M. PB Vice Chair Halflants made a motion to recommend approval of Section VI-1005 as written with the addition of providing for when a unit is converted from rental to owner-occupied. PB Member Blumetti seconded the motion. Discussion ensued. The motion passed 4-1 with PB Member Ohlrich voting no. 3:14:14 P.M. PB: Member Ohlrich made a motion to recommend a Community Workshop be required as part of the development review process when attainable housing is applied for. Discussion ensued. PB Member Salem seconded the motion. Further discussion ensued. Attorney Connolly clarified the motion is to recommend a Community Workshop be required as part of the development review process when attainable housing is being used at some point in the DRC process prior to receiving full DRC sign-off. The motion passed 4-1 with PB Vice Chair Halflants voting no. 3:24:07 P.M. PB Vice Chair Halflants made a motion that for all required Community Workshops the Community Workshop must occur before the end of the DRC process. Discussion ensued. Attorney Connolly stated that would amend a different provision in the Zoning Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 9 of 12 Code and could not be addressed today as it was not advertised as part of this public hearing. 3:25:01 P.M. PB Member Blumetti made a motion to accept the changes to Section VI-905 - Fruitville Gateway Corridor Zone District Overlay as written. PB Member Ohlrich seconded the motion. The motion passed 5-0. 3:25:30 P.M. PB members discussed the proposed edits to Section VI-912 - Rosemary Residential Overlay District. PB Member Ohlrich made a motion to recommend approval with the addition of language that addresses the problem with public parking being taken by valets. PB Vice Chair Halflants suggested an edit to provide that a minimum of five spaces must be designated as public parking. Discussion ensued. The motion died for lack of a second. 3:35:43 P.M. PB Vice Chair Halflants made a motion to recommend approval of Item #5, changing Section VI-912 with new language to be added to clarify that the public parking cannot be taken up with valet and has to be available to the public; and to change the minimum number of public parking spaces from twenty-five to five. PB Member Blumetti seconded the motion. The motion passed 5-0. 3:37:20 P.M. PB members discussed the proposed edits to Section VI-104 - Use of Two or More Zoning lots. 3:45:07 P.M. PB members invited Attorney Merrill tojoin the discussion. Attorney Merrill discussed the existing transfer of development rights process. Discussion ensued. 3:54:03 P.M. Attorney Connolly stated the motion would be to recommend that Section VI-104 be rewritten. Discussion ensued. 3:55:30 P.M. PB Vice Chair Halflants suggested a recommendation be made to state that when same or separate ownership of two parcels, those two parcels could achieve the same density bonus. Discussion ensued. 3:58:21 P.M. PB Vice Chair Halflants made a motion to recommend approval of the edits to Section VI-104 adding that when using two or more zoning lots an applicant can take full advantage of the bonus density for the entirety of the development. Discussion ensued. Attorney Connolly clarified the motion is to redraft the language for clarity but still say Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 10 of 12 the same thing. PB Member Blumetti seconded the motion. The motion passed 4-1 with PB Member Salem voting no. 4:00:50 P.M. PB members discussed the proposed edits to Section VI-102 - General Regulations. 4:10:51 P.M. PB Member Ohlrich made a motion to recommend approval of Article VI, Division 1 - General, items V, W, X, and y as written, changing reference to Primary Street to Frontage. PB Member Salem seconded the motion. Discussion ensued. The motion passed 3-2 with PB Vice Chair Halflants and PB Chair Clermont voting no. 4:13:26 P.M. The Planning Board Took a Five-Minute Break 4:18:33 P.M. C. Quasi-Judicial Public Hearings 1. Quay Sarasota Replacement Dock (601 Quay Commons): Planning Board Adjustment Application No. 23-ADP-02 is a request for Planning Board Adjustment approvals to finger pier length, dock setbacks, total dock area, platform area, finger pier width, and dock projection for the construction of an accessory dock for the upland Quay Sarasota mixed-use development on property with S street address of 601 Quay Commons. The subject site is located in the Downtown Bayfront (DTB) zone district and has a Future Land Use (FLU) classification of Downtown Bayfront. (Tom Sacharski, AICP, Development Review Senior Planner) Attorney Connolly requested PB members reveal any exparte communications. There were none. Attorney Connolly called upon Mr. Phil Dasher and Ms. Sherry Cushman who had applied for Affected Person status. Mr. Dasher was present and therefore granted Affected Person status. Attorney Connolly administered the oath to those that were not present earlier. 4:20:15 P.M. Applicant Presentation: Attorney Charlie Bailey and Engineer Kristy Tignor appeared. Attorney Bailey discussed the proposed adjustments noting there are six (6) adjustments requested for a floating dock relating to the permitted finger pier length, setbacks, total dock area, total platform area, finger pier width, and dock projection; and requested the PB approve the request. Minutes of the SpecialPlanning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 11 of 12 4:32:27 P.M. PB Member Blumetti questioned if the dock is included in the Development Agreement for Quay Sarasota. Attorney Bailey stated it was and noted the dock must be accessory to upland uses on the Quay site. 4:33:49 P.M. PB Member Ohlrich questioned if there is an existing dock. Attorney Bailey stated only the pilings remain from the old dock. Discussion ensued. 4:36:05 P.M. PB Chair Clermont questioned the lack of a railing along the seawall side citing safety concerns. Discussion ensued regarding the question of PB Member Blumetti and PB Chair Clermont recusing themselves since they have a personal knowledge of a safety issue involving a floating dock without a handrail. Attorney Connolly stated recusal was not necessary since neither one stand to gain financially from this project. Discussion ensued. PB Member Blumetti stated for the record that he could not vote to approve the request without a railing on the seawall side. Discussion ensued. 4:42:53 P.M. Staff Presentation: Development Review Senior Planner Sacharski appeared and stated six adjustments are requested; stated the proposed dock is in the same location as the previous dock; said the number of adjustments requested are due to the Zoning Code regulations for docks being primarily related to single family homes; and stated the proposal meets the Standards for Review. 4:44:24 P.M. PB Member Ohlrich questioned if an adjustment is required to not have a railing. Development Review Senior Planner Sacharski stated a railing is not a Code requirement. 4:45:30 P.M. PB Member Blumetti stated the City should require railings on the seawall side of floating docks. Development Review Senior Planner Sacharski stated that is anticipated to be in a future Zoning Text Amendment. 4:49:01 P.M. Affected Persons: Mr. Phil Dasher appeared and stated his concerns regarding the water flow from the stormwater pipes on the site being obstructed, noise, live-aboards, and safe operation of vessels. Minutes of the Special Planning Board Meeting May 16, 2023 at 10:00 a.m. in the Sarasota City Commission Chambers Page 12 of 12 Discussion ensued regarding what agency regulates docks and the ability to deny the application due to safety concerns. 4:55:53 P.M. Applicant Rebuttal: Attorney Bailey and Engineer Tignor appeared. Attorney Bailey addressed Mr. Dasher's concerns; and stated the applicants were willing to proffer installing a code- compliant handrail the length of the bulkhead side of the access ramp. Discussion ensued regarding handrail versus guardrail. 5:00:24 P.M. Affected Person Rebuttal: Mr. Dasher restated his concerns regarding the obstruction of the storm drain. 5:03:05 P.M. Attorney Bailey rebutted Mr. Dashers testimony. 5:05:45 P.M. PB Member Blumetti made a motion to find that Adjustment 23-ADP-02 is consistent with Section IV-1903 of the Zoning Code and approve the request for adjustment with the stipulation that the guard railing be the same as the detail on page eight of fourteen of the Foster Consulting plans and is extended both north and south along the length of the dock between the existing seawalll and the east portion of the dock. PB Vice Chair Halflants seconded the motion. The motion passed 5-0. V. ADJOURNMENT The meeting adjourned at 5:07 P.M. luyp Shuny Oclnon Myra Schwarz Dan Clermont, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency