CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Planning Board Eileen Normile, Chair Members Present: Damien Blumetti, Vice Chair Members Patrick Gannon, David Morriss, Kathy Kelley Ohlrich Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Steven R. Cover, Planning Director, Planning Department Gretchen Schneider, General Manager, Development Services Ryan Chapdelain, General Manager, Planning Department David L. Smith, AICP, Manager, Planning Department Colleen McGue, Chief Transportation Planner, Planning Department Jim Koenig, AICP, Senior Planner, Planning Department Dr. Clifford Smith, Senior Planner, Planning Department Dan Greenberg, Development Review Planner Daniel Ohrenstein, Assistant City Engineer Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Karen Grassett, Senior Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL 6:03:12 PM PB Chair Normile called the meeting to order and Planning Director Cover [as Secretary to the Board] called the roll. II. CHANGES TO THE ORDER OF THE DAY 6:03:37 PM PB Chair Normile requested Attorney Connolly's assistance in reviewing the Standards of Review upon completion of his explanation of the quasi-judicial process; requested all present put the cell phones on silence or turn them off; and stated all participants in this evenings proceedings adhere to the Pledge of Conduct. Planning Director Cover [as Secretary of the Board] read the Pledge of Conduct. Attorney Connolly discussed the proposed time limits; said there were 33 applications for. Affected Person status; and noted of those, two were attorneys for abutting Neighborhood Associations and had requested 40: minutes each. Discussion ensued regarding time limits for affected persons versus the general public and rebuttals. Attorney Connolly noted 12 of the applicants for affected person status did not reside within 500' of the subject property SO therefore the Planning Board would have to determine if those persons met the definition of affected person. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 13 6:08:40 PM Attorney Connolly administered the oath to all who intended to speak this evening and discussed the difference between legislative and quasi-judicial public hearings. 6:12:54 PM Attorney Connolly discussed the applications for Affected Person status. Attorney Dan Bailey, representing Marie Selby Botanical Gardens appeared and stated they had no objection to those persons that reside within 500' being granted Affected Person status however they do object to those that reside outside of 500" being granted Affected Person status. Discussion ensued. After reviewing the individual applications for Affected Person status, the following individuals were granted Affected Person status by consensus. Stanley W. Moore, representing Bay Point Park Neighborhood Association; Thomas Coler; Susan Renfrew; Louanne Roy; Lynn Soussou; Benjamin Paster; Rachel Goodwin, representing Karen Hall; Arthur Hall; Frederica Lindsay; Robert Lindsay; Dana Watts; Elizabeth Rose; Elliot Rose; Robert Lincoln, representing Hudson Crossing Condominium Association; Carl Caruso, representing Hudson Landings Condominium Association; Carl Caruso; Liza Caruso; and Susan Chapman. 6:33:16 PM PB Chair Normile announced the Fire Marshal has concerns over the size of the crowd; and stated Room 112 was open to accommodate the overflow noting there are seats and a TV available for viewing the proceedings. PB Chair Normile requested PB members disclose any ex-parte communications. 6:39:32 PM Planning Manager Smith appeared and discussed the procedures for the five applications stating there are. four separate recommendations the Planning Board will make to the City Commission for either approval of denial; described the applications; stated staff recommended the applications be considered together; stated the four recommendations to the City Commission are one for the Comprehensive Plan Amendment, one for the Zoning Text Amendment, one for the Rezone and Site Plan, and one for the Easement Vacation. Manager Smith continued stating since it was unlikely the proceedings would conclude this evening, a continued public hearing has been advertised for Wednesday, September 25;noted the City Commission has scheduled a special meeting to consider the Comprehensive Plan Amendment and Zoning Text Amendment for October 28th beginning at 1:30 PM; and discussed the order of presentations this evening. Discussion ensued regarding the materials that were provided by the applicants having conflicting information; what time the meetings would conclude; and the need for two recommendations on the Comprehensive Plan Amendment, one for transmittal to the State and one for the adoption, noting that would avoid having to hold an additional public hearing for the adoption. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 13 III. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE 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.) A. Reading ofthe Pledge of Conduct (see Changes to the Order ofthe Day above) B. Legislative Public Hearings 1. Marie Selby Botanical Gardens (811 S. Palm Avenue & 926 S. Palm Avenue): Comprehensive Plan Amendment Application No. 18-PA-01 is a request to amend the Future Land Use Map classification of a 14.7t acre site, known as Marie Selby Botanical Gardens, with street addresses of 811 S. Palm Avenue and 926 S. Palm Avenue from the Community Office/Institutional Future Land Use Map Classification to the Metropolitan Regional Future Land Use Map Classification and to identify existing and primary uses of Botanical Gardens, commercial parking, restaurant, and basic utilities. Applicant is also requesting a Zoning Text Amendment (Application No. 18-ZTA-05) to create a new Marie Selby Botanical Gardens (MSBG) Zone District. (David L. Smith, AICP,Manager, Planning Department) (Jim Koenig, AICP, Senior Planner, Planning Department) C. Quasi-Judicial Public Hearings 1. Marie Selby Botanical Gardens (811 S. Palm Avenue & 926 S. Palm Avenue): Rezone Application No. 18-REN-02, Site Plan Application No. 19-SP-03 and Easement Vacation Application No. 19-SV-02 are a request for rezone of an approximately 14.7 acre site known as Marie Selby Botanical Gardens with street addresses of 811 S.1 Palm Avenueand 926 S. Palm Avenue, from the Residential Single Family-1 (RSF-1), Residential Multiple Family-1 (RMF-1) and Residential Multiple Family-3 (RMF-3) Zone Districts to a new proposed zone district called Marie Selby Botanical Gardens (MSBG) Zone District, and Site Plan approval to construct a 486 space commercial parking structure with retail, restaurant and accessory uses as well as a Welcome Center/Plant Research Building and Multi-Use Recreation Trail (MURT). Applicant also requests the vacation of an existing City utility easement and an existing sidewalk easement. (Dan Greenberg, Development Review Planner) 6:46:35 PM Applicant Presentation: Chris Cianfaglione, Agent, Jennifer Rominiecki, CEO of Selby Gardens, Kelly Klepper, Planner with Kimley-Horn, and Dan Bailey, Attorney representing Selby Gardens appeared. Attorney Bailey stated there were two attorneys present that represent adjacent Neighborhood Associations; stated there have been extensive discussions with Attorney Lincoln who represents the closest neighbors, Hudson Crossing, that has resulted in several proffers; noted a proffer regarding setbacks was not included in the materials, presented a copy for the record, and stated City staff had stated their agreement with the proffer. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 13 Ms. Rominiecki discussed the history of the development of the proposed Master Plan stating that process included the development of a Strategic Plan and Vision; discussed international relationships Selby Gardens has with other entities; discussed revenue growth noting Selby Gardens has paid off their debts; discussed the importance of the work Selby Gardens does in terms of research; stated the implementation of the Master Plan is critical due to aging infrastructure, a significant increase in the number of visitors, the need to preserve historic structures, and financial and environmental sustainability; reviewed the proposed changes to the existing grounds and structures, the purpose of the proposed Sky Garden, the three phases of the redevelopment of the property, interaction with the community, cost of changes to the proposed Master Plan as a result of community input, the advantages of] having a restaurant on the top of the Sky Garden, limiting to five the number of times per year the restaurant could be bought out for major events, visitor projections, and funding for implementing the Master Plan, noting the cost of admission or memberships will not be increase to fund the Master Plan. Mr. Cianfaglione stated there are five development applications; discussed the proposed Comprehensive Plan Amendment and surrounding existing Future Land Use classifications, the uses permitted under the existing Future Land Use classification of Selby Gardens, and changes to prior proposals based on community inputresulting in the request for Metropolitan-Regional Future Land Use classification; noted the Metropolitan-Regional Future Land Use classification, combined with the rezoning, will allow for the definition of the permitted uses in the Future Land Use classification providing for predictability; and discussed the ways the Metropolitan-kegional classification can be implemented within the surrounding areas. Mr. Cianfaglione continued stating the existing zoning is residential; discussed the permitted primary and accessory uses, as well as development standards, under the proposed MSBG zone district; discussed the existing uses on adjacent properties, existing site access, the stepdown from downtown to Selby Gardens to the adjacent residential, the consolidation of existing uses on the Selby Gardens site; stated the only new proposed uses are the parking garage and restaurant, noting restaurants in residential areas are common and compatible; and discussed the increase in garden space, tree mitigation plan, and landscape plan. Mr. Cianfaglione reviewed the physical improvements related to site access stating the access off of Orange Avenue will be reconfigured, new dedicated right turn lanes will be installed on Orange Avenue and Mound Street, and access off of Palm Avenue and Hudson Avenue will be closed; discussed the capacity and queuing of the parking garage, the size and scale of the Sky Garden compared to the massing of the adjacent condominium Hudson Crossing, and improvements to public access including the MURT and pocket park; and reviewed the purpose and function of the new Welcome Center and educational areas. Mr. Cianfaglione concluded by stating the proposal is an immense public benefit and meets all technical criteria. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 5 of 13 Ms. Rominiecki stated Selby Gardens is a private, non-profit organization; said the implementation of the proposed Master Plan will provide significant public benefits by codifying the property as a Botanical Garden, becoming an international model for green building technology, improving traffic conditions in the area, and significant economic impacts including the creation of nearly 3,000 jobs; stated they have received endorsements from eight of Marie Selby's living relatives, various key philanthropic organizations, numerous business, arts & culture, and civic organizations; stated the implementation of the Master Plan will provide for the expansion of local and national collaborations; noted Selby Gardens has many local and national accreditations, has significant citizen and support; and concluded by stating the applicants feel strongly that they have met all the qualifications and requested the Planning Board recommend approval of the proposal. 7:27:34 PM PB Vice Chair Blumetti discussed the proposed Floor Area Ratio (FAR), noting there was a surplus of 76,000 sq. ft. between the permitted and proposed FAR; questioned what the intention for the surplus FAR was; noted the term restaurant is used singularly in the report however restaurants/s shops are proposed as permitted uses in the proposed MSBG zone district; and questioned if the intent was to have multiple restaurants/shops. Mr. Cianfaglione stated there was an existing café and the restaurant referenced in the report was the only other restaurant/shop proposed. PB Vice Chair Blumetti questioned the parking ratio analysis and if the ITE Manual was the industry standard. Mr. Cianfaglione stated the applicants had looked at various land use classifications in the ITE Manual; stated the 486 space garage they proposed falls in the middle of the ranges in the ITE Manual; said those ranges were compared to the City's parking requirements; discussed phasing of the Master Plan, and stated the applicants felt the garage was proposed at an appropriate size. PB Vice Chair Blumetti questioned why the minimum lot size for the MSBG Zone District was proposed at 10 acres while the site encompasses 14+ acres. Mr. Cianfaglione stated thea applicants had no objections to changing the minimum lot size to match the entire site. 7:36:59 PM PB Member Gannon questioned what the breakdown of the total square footage of the buildings in the overall Master Plan was. Mr. Cianfaglione stated the intent was to stay within the thresholds contained in the traffic study and noted a breakdown of the square footage of the proposed uses per building had not been prepared. PB Member Gannon questioned how vehicles would enter and exit the site. Mr. Cianfaglione stated vehicles could enter/exit via Mound Street or Orange Avenue; discussed proposed improvements to the travel lanes and queuing capacity; and discussed the functionality of the parking garage structure. Discussion ensued regarding how vehicles would be prevented from exiting south onto Orange Avenue. Mr. Cianfaglione stated a right turn onto Orange Avenue would be prohibited. Minutes of the Special Planning Board Meeting September 18, 2019. at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 13 PB Chair Normile discussed the potential conflict of vehicles exiting the site onto Mound Street then turning right onto Orange Avenue at the same time a large event was closing out and turning left onto Orange Avenue, Mr. Cianfaglione discussed the traffic study and stated signal timing would ensure adequate breaks in the traffic flow. PB Member Gannon questioned how traffic from service and event trucks would flow. Mr. Cianfaglione stated trucks would use the access point on Orange Avenue noting the service trucks would turn left onto Orange Avenue from Mound Street and enter into the dedicated turn lane; stated the parking garage would be constructed to accommodate the trucks; said event trucks have a variety of options; and noted the event trucks would access the site before the gardens were open to avoid conflicts. Discussion ensued regarding existing routes trucks use to access the site; the number of anticipated deliveries per week; rerouting the access for deliveries from Palm Avenue to Orange Avenue; and buses accessing the site. 7:55:23 PM PB Member Morriss noted the proposed Comprehensive Plan Amendment requires a super majority vote at the City Commission level SO the plans could change; stated his concerns with the left turn onto Orange Avenue; questioned why the 2017 plans included a roundabout but the 2018 don't show a roundabout; and asked Mr. Cianfaglione to discuss cross traffic issues. Mr. Cianfaglione stated the applicants studied the roundabout and determined it failed due to degradation of the level of service it would create; noted the site has been configured as such that a roundabout could be accommodated in the future; discussed cross traffic issues stating the on-site traffic circulation improvements would resolve any cross traffic issues; stated events occur later in the evening or on weekends sO are during off-peak hours; and said people tend to trickle in and out of events and are aware that traffic will be challenging during special events. PB Member Morriss questioned what the difference between green space and garden space was. Mr. Cianfaglione stated garden space includes pathways, hardscape areas, and plazas, including Palm Avenue. PB Member Morriss requested clarification on current overflows. Mr. Cianfaglione stated Selby Gardens currently uses a trolley service that operates an off-site parking area and with the redevelopment of the property that would occur approximately 60 times per year without the parking garage. 8:04:11 PM PB Member Ohlrich stated her concerns regarding ability to turn left onto Orange Avenue, noting she had visited the site today and had difficulty making that turn; and stated her concerns regarding visibility for pedestrians and bicyclists as well. Mr. Cianfaglione stated those issues would be eliminated by comingling the entrance and exit and the changes to the landscaping. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 7 of 13 PB Member Ohlrich stated she realized the Administrative office and the building with the collections needed to bei improved, noted most people are concerned about the garage, and questioned what studies had been completed regarding the number of visitors. Ms. Rominiecki stated visitor information for local sister institutions was initially used however after the neighbors expressed concerns an additional study was commissioned; and said the additional study projected 4.8% annual growth through 2029 for a total number of visitors in 2029 of 312,000. PB Member Ohlrich questioned what discussion occurred that resulted in the proposed Master Plan. Ms. Rominiecki stated discussions related to ways to create more garden space within the 14.7-acre site; said the existing 2.5 acres of surface parking was a waste of space SO they decided to go vertical allowing for 50% more garden experiences. Mr. Cianfaglione discussed the improvements to the stormwater improvements that were included in the Master Plan as well. PB Member Ohlrich questioned what the proposed 6' fence along the southern boundary of the site would be buffering noting that would not do anything to buffer noise from the restaurant. Mr. Cianfaglione stated the ground fence would provide for additional buffering between the site and the adjacent Hudson Crossing condominium; and stated the restaurant would have a 6' wall on the deck to redirect noise towards downtown, away from the residential area. 8:13:50 PM PB Chair Normile discussed the proposed restaurant and questioned how much financial support the restaurant would provide, and what percentage ofthe restaurant's revenue that represented. Ms. Romaniecki stated that they expected to receive approximately $500,000 annually which would represent 10% oft their earned income. She noted that she could not comment on what percentage of the restaurant's income that represented as that information is confidential. PB Chair Normile questioned if the agreement with the restaurant was contingent on the height of the parking garage. Ms. Rominiecki stated it was not. Discussion ensued regarding the size of the proposed restaurant as compared to the existing Michael's on East restaurant; if drinks would be served on the restaurant deck; amplified music on the deck; the hours of operation; the number of buyouts that occur annually; ;and the tax exempt status of the site. PB Vice Chair Blumetti noted the sound architect Selby hired was very capable and he wanted that on the record. Mr. Cianfaglione noted that was in response to input from the neighborhood. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 8 of 13 8:23:15 PM PB Member Gannon questioned how the public space was delineated from the paid admissions space. Mr. Cianfaglione presented a graphic, pointed out the various spaces; and noted various types of barriers would define the spaces. Discussion ensued regarding pedestrian access through the site. PB Member Gannon questioned how a primary use commercial parking garage fulfilled the purpose of the gardens as "charitable, educational and scientific" that is stated in the Articles of Incorporation. Mr. Cianfaglione stated it provides Selby the ability to charge for parking and regulate the use of the parking garage. Discussion ensued regarding parking as an accessory use versus a commercial parking garage. PB Member Morriss questioned the future of the Payne Mansion. Ms. Rominiecki stated the use is a museum, noting full refurbishment of the structure was anticipated. PBI Member Ohlrich stated the materials state the purpose of the restaurant was to provide evening entertainment and questioned if that includes music. Discussion ensued. PB Member Gannon questioned why the Master Plan could not bei implemented using the existing Commercial Office/Industrial Future Land Use classification. Mr. Cianfaglione stated the existing Future Land Use classification does not allow for a Botanical Garden, commercial parking, or the proposed heights; stated the existing zone districts would have to be amendment to allow for those which City staff does not support; and noted the Comprehensive Plan Amendment combined with the proposed MSBG zone district allows for implementation of the Master Plan only, restricting future development potential of the site. Kelley Klepper, Kimley-Horn Associates, appeared and stated the Metropolitan-egional land use classification requires site specific components and the best way to implement that is to develop site specific standards which the MSBG zone district accomplishes; and noted City staff had agreed that would be the best way. Discussion ensued regarding maximum heights; the need to go vertical with the parking garage in order to provide adequate parking; the primary objective of the Master Plan being to open up as much space as possible; the location of the parking structure on the site; tree preservation; the scale of the parking structure compared to land uses to the north and south; maximum lot coverage; the height of the parking garage without the restaurant on the top; other on-site areas that could accommodate the restaurant; and landscaping that would screen the garage. 8:44:55 PM PB Member Ohlrich noted the responses to the questions in the application varied and questioned which information was correct. Mr. Cianfaglione stated the discrepancies were due to revisions made to the plan as it went through review and stated the most current information is correct. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 9 of 13 PB Member Gannon noted the applicants had stated that a Botanical Garden was not a permitted use in the Commercial Olfice/Industrial zone district however the materials stated iti is currently permitted and requested clarification. Mr. Cianfaglione stated the use is only currently permitted on the western half of the site; and said due to the residential zoning on the eastern half of the site it would not be permitted on that portion. Discussion ensued regarding what constitutes a Botanical Garden. PB Member Morriss questioned if the Master Plan could be implemented through an overlay. Mr. Cianfaglione stated he would have to defer that to staff. PB Chair Normile questioned if the acreage above the 10-acre minimum could be sold off. Attorney Bailey stated it could be sold but would still have to meet the 10-acre minimum lot size in order to be developed. The Planning Board Took a Ten-Minute Break 8:52:28 PM PB Chair Normile announced the upcoming presentations; stated any citizen that spoke tonight would not be permitted to speak again at the 9/25/19 public hearing on the applications; and noted the Planning Board would likely not get to the citizen input section of the agenda this evening. Staff Presentation: David L. Smith, AICP, Manager, Planning Department; Jim Koenig, Senior Planner, Planning Department; Dan Greenberg, Development Review Planner; Daniel Ohrenstein, Assistant City Engineer; and Steve Infanti, Transportation Consultant with Kimley-Horn appeared. Senior Planner Koenig discussed the proposed Comprehensive Plan Amendment stating the proposed amendments are to the Future Land Use Map and text of the Sarasota City Plan; discussed the location, size, existing uses, current Future Land Use classification, current zoning; stated the amendment was considered large scale due to the size; presented graphics depicting the existing and proposed Future Land Use classification and zoning; discussed uses that would be permitted if approved; stated the main reason for the amendments is to redevelop the property consistent with the approve Master Plan; stated the proposed parking garage/sky garden was the most controversial use proposed; discussed the size, purpose and use of the proposed parking garage; and discussed the uses currently permitted on the site. Senior Planner Koenig discussed staff's analysis of the proposal noting non-residential uses are proposed; presented a comparison of uses that are permitted under the existing Future Land Use classification and the proposed uses; stated the biggest impact was the amendment would allow for twice as much non-residential uses; noted a Zoning Text Amendment was being processed concurrently to create a Marie Selby Botanical Garden (MSBG) zone district; discussed components of the proposal that are detrimental to the Minutes of the Special Planning Board Meeting September 18, 2019, at 6:00 p.m. in the Sarasota City Commission Chambers Page 10 of 13 public benefit or interest; discussed components of the proposal that further the public benefit or interest; and concluded by stating staff recommended approval of the transmittal and adoption of the proposed Comprehensive Plan Amendment. 9:19:50 PM Manager Smith discussed the proposed Zoning Text Amendment stating the proposal met the criteria and Standards for Review; gave an overview of the proposal stating the site would be designated as Metropolitan-Regional Site #11 with MSBG as the implementing zone district; discussed the history of the proposal; stated a commercial Future Land Use classification was needed since the applicants were proposing commercial uses; reviewed accessory uses for a Botanical Garden; discussed the proposed development standards including the maximum FAR, minimum lot size, setbacks, maximum building coverage, maximum heights, minimum parking requirements, window requirements, and permitted signage; and concluded by stating staff recommended approval. 9:28:12 PM Planner Greenberg discussed the Rezone, Site Plan and Easement Vacation applications stating the existing zone districts are non-implementing for the existing Future Land Use classification; discussed potential land uses under the current zoning; noted the uses proposed under the MSBG zone district are less intensive than those that are currently permitted; stated the Site Plan has been proffered as part of the Rezone. Application; stated the applicants were requesting the vacation of utility and sidewalk easements located within the Palm Avenue right-of-way; stated staff supported the easement vacations due to the inclusion of a new MURT, off-site pocket park, and on-site gathering areas that will provide for larger and higher quality public space; discussed overall changes to the square footage of the buildings on-site; stated the applicants had received approval from staff and the Historic Preservation Board for demolition and/or improvements to historic structures; discussed the size and use of various structures; stated staff recommended a condition of approval that requires a public access easement where the MURT is proposed; pointed out the development standards for windows, parking garage screening, pedestrian standards, and exterior display and storage are: intended to mitigate the commercial uses on the site and enhance walkability; discussed massing on-site relative to surrounding zone districts; said the varying height restrictions were meant to mitigate potential impacts on surrounding properties; compared the proposed MSBG zone district to the existing SMH zone district; discussed required vehicle parking, bicycle parking, loading spaces, landscape buffers; stated the applicants have received a Technical Deviation allowing for a sider driveway on Orange Avenue; stated twoi required and numerous voluntary community workshops were held; discussed the applicant's proffer statements stating staff was not in agreement with including all of the proffers; noted staff recommended approval of the Rezone, Site Plan and Easement Vacations subject to the conditions in recommended motion "A" which include staff's recommended revisions to the proffers, and concluded stating the full proffers are included in recommended motion "B" Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 11 of 13 9:42:34 PM Assistant City Engineer Ohrenstein discussed the results of the traffic study stating the initial review was based on Phase 1 and was revised to consider full buildout; stated the study found 33 additional vehicle trips would be added to Orange Avenue and therefore there is no: impact on concurrency; said the applicants are proposing improvements to the transportation network that will make up for the impacts; noted no provisions for SCAT buses have been made; said the construction of a roundabout at Mound Street and Orange Avenue is very far off SO does not pertain to this project; and noted the changes to the site access off of Orange Avenue does not impact the current Level of Service. PB Vice Chair Blumetti discussed the current Future Land Use classification noting the uses that could be developed under that classification far exceeds what is proposed in the Selby Master Plan; and questioned why there are proffers for a newly established zone district. Planner Greenberg said two are standard conditions placed in every site plan and the remaining proffers were volunteered by the applicants. PB Member Morriss questioned why the conditions were not being put directly into the Zoning Text Amendment language;and questioned why there are no waterfront setbacks. Development Services General Manager Schneider appeared and stated waterfront setbacks are included in a different portion of the Zoning Code as they apply to all waterfront properties regardless of the zone district; and noted some of the proffers such as there will be no fireworks are not appropriate for the Zoning Code since they are not applicable to zoning. 9:55:45 PM PB Member Morriss questioned why staff was proposing changes be approved administratively versus using the public process. Manager Smith stated the changes that are proposed for administrative approval are more technical in nature. PB Member Morriss stated he understood the need for flexibility and questioned why no thresholds have been included; and stated that due to the location at Mound Street and Orange Avenue it should be a public process. 10:02:35 PM PB Member Gannon questioned the verbiage that allows for the Development Services Director, with consultation, carte blanche to change parking ratios. Manager Smith stated the applicants would have to provide a study with data justifying the changes. Discussion ensued regarding who determines parking ratios overall in the City; the process used to determine the ratios; the Transportation Master Plan that is being developed; and the need for common sense flexibility. Manager Smith noted changes to the approved Site Plan would have to go through the public process. 10:09:24 PM PB Member Ohlrich noted the proposed Comprehensive Plan Amendment was privately initiated and questioned the schedule for processing Comprehensive Plan Amendments. Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 12 of 13 Discussion ensued regarding the process, the impact of individual amendments on the overall Comprehensive Plan, and State mandated Comprehensive Plan Amendments. PB Member Ohlrich questioned if the sidewalk easement that was previously granted was granted in perpetuity; and questioned what would prevent a landowner from making changes to open green space. Planner Greenberg stated any changes would have to go back to the Planning Board for approval. PB Member Ohlrich stated automobile dependency is included in the definition of urban sprawl and questioned if the Master Plan was automobile dependent. Assistant City Engineer Ohrenstein stated sprawl implies density outside of the urban structure. Planner Greenberg stated surface parking is sprawl and the consolidation of the parking into a garage is the opposite of sprawl. 10:16:14 PM PB Chair Normile questioned why the proposed restaurant would be a primary use versus having to have Conditional Use approval. Manager Smith stated a nightclub or bar requires Conditional Use approval; and said bars that are part of a restaurants must be indoors. PB Chair Normile questioned where the wording for that requirement could be found and how that is monitored. General Manager Schneider stated outdoor bars are defined in the Zoning Code; noted outdoor bars are only permitted in association with a hotel; said City staff cannot prevent people from taking a drink from an indoor bar to permitted outdoor seating areas; and said the Development Services Director's interpretation is the bar itself has to be indoors. PB Chair Normile stated since a new Zone District is being created specific verbiage should be included. Discussion ensued. General Manager Schneider noted the City's noise ordinance applies as well. PB Chair Normile stated she felt the list of permitted accessory uses was too broad. Manager Smith stated the list she was referring to was proposed by the applicants and said staff had reduced the list significantly in their recommendation. Discussion ensued. 10:33:10 PM PB Member Gannon questioned if staff had considered an overlay. Manager Smith stated that had been considered however was more bureaucratic. Senior Planner Koenig an overlay would not prevent uses that are permitted under the existing Future Land Use classification. PB Vice Chair Blumetti questioned how the proffer that the Sky Garden will be maintained as a Green Living Wall would be enforced; noted the applicants are meeting the existing parking garage screening requirements; questioned what backup plan was in place to ensure the Green Living Wall doesn't fail; said the structure is intended to be a vertical Living Green Wall and the Code needs to reflect that; and suggested a percentage be included. PB Member Gannon questioned if the Green Living Wall had to be in place before a CO could be issued. Planner Greenberg stated the period of time was not Minutes of the Special Planning Board Meeting September 18, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 13 of 13 specified. PB. Member Ohlrich questioned if a portion of the Green Living Wall failed was it specified that it had to be replaced. Planner Greenberg noted there is a condition that states the Green Living Wall must be maintained. PB Chair Normile stated the existing Future Land Use classification was geared towards local issues while the intent of the Metropolitan-Regional Future Land Use classification is to bring in travelers from outside the region; and stated the traffic study did not consider those impacts. Manager Smith stated Selby Gardens already attracts visitors from outside and functions as a Metropolitan-Regional use; and noted the Metropolitan-egional Future Land Use classification allows for the tailoring of permitted uses. 10:43:53 PM Discussion ensued regarding whether to continue the deliberations this evening and the number of additional meetings that will be needed and starting earlier in the day on Wednesday, September 25th. The Planning Board decided by consensus to start the meeting scheduled for Wednesday, September 25th at 1:30 PM, hold an afternoon session from 1:30 - 5:00 PM, break for dinner from 5:00 PM to 6:00. PM, then reconvene at 6:00 PM. PB Member Morriss questioned what the format for making changes to the verbiage in the proposed Zoning Text Amendmentwas. Vice Chair Blumetti stated that would be part of the motion. Attorney Connolly announced the applications are being continued to Wednesday, September 25 at 1:30 PM in the City Commission Chambers, 1565 First Street beginning at 1:30 PM going to5:00 PM: with a dinner break from 5:00 PM to 6:00 PM then reconvening at 6:00 PM. Discussion ensued regarding public input and affected person testimony. Attorney Connolly stated the deadline for applying for Affected Person status had already passed; said citizens could still sign up to speak as a citizen; and noted the public input portion of the meeting was not likely to occur until the evening session. IV. ADJOURNMENT The meeting adjourned at 10:52 PM. 67 hhnuk Steven R. Cover, Planning Director EILEEN W. NORMILE, CHAIR Planning Department Planning Board/Local Planning Agency [Secretary to the Board]