BOOK 43 Page 16049 01/20/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 20, 1998, AT 6:00 P.M. PRESENT: : Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: : Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: : EMPLOYEE OF THE YEAR 1997, JESSIE J. HUBBARD, SR., FOREMAN, PUBLIC WORKS DEPARTMENT #1 (0044) through (0319) City Manager Sollenberger requested that William Hallisey, Director of Public Works, Duane Mountain, Manager, of Streets, Landscape Maintenance and Solid Waste, and Jessie Hubbard, Foreman, Public Works Department, come before the Commission. City Manager Sollenberger stated that presenting the Employee of the Year award to Mr. Hubbard is an honor; that Mr. Hubbard is not only an excellent City employee but also a wonderful human being. Mr. Hallisey stated that Mr. Hubbard, a City employee for over 32 years, and currently, Foreman in the Solid Waste Management Division of the Public Works Department, is currently a public service representative, handling all calls for garbage and recycling service and providing information to customers from the City, Sarasota County, Longboat Key, and Venice; that Mr. Hubbard serves with an unsurpassed dedication to duty and acts as a role model for all City employees; that Mr. Hubbard has been married for 40 years and has eight children, 36 grandchildren, and 16 great-grandehildren and is a Deacon at his church; that people like Mr. Hubbard make the City a better place to live and work. Mr. Mountain stated that he has worked with Mr. Hubbard for over 25 years; that a winning team requires a mix of young, enthusiastic people and, even more importantly, team members who can give wisdom, strength, and guidance to new employees; that Mr. Hubbard, who provides excellent customer service and constantly promotes the City's goals, is loved by all. Mayor Pillot stated that the Employee of the Year is selected from the 12 Employees of the Month chosen from hundreds of City employees; that Mr. Hubbard, who is first among equals, serves with excellence and pride. Mayor Pillot presented Mr. Hubbard with a City-logo watch, a plaque, and a certificate as the 1997 Employee of the Year in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Hubbard expressed appreciation to His Lord and Savior, Jesus Christ, the Commission, fellow employees, the citizens of the community and recognized his wife, Laura, and members of his family who were in the audience. Mayor Pillot stated that he has never received a complaint regarding the department overseen by Mr. Hubbard in nearly nine years on the Commission. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 98R-1038, RECOGNIZING THE PASSING OF JACK CONWAY, VISIONARY AND CONSUMMATE VOLUNTEER IN IDENTIFYING AND HELPING RESOLVE THE COMMUNITY' S NEEDS, ETC. - ADOPTED #1 (0337) through (0629) Mayor Pillot stated that the greatness and beauty achieved by the City over the past century has been developed to a great extent by the wisdom, dedication, and priceless contributions of volunteers; that over the past few months, the community has suffered the loss of several prominent leaders, people who will be remembered but cannot be replaced; that Jack Conway, who passed away on January 6, 1998, was a leader whose knowledge, expertise, and experience was learned at the national and international levels; that many people who previously lacked the privilege now live in comfort in their own homes due to the legacy passed on by Mr. Conway. Mayor Pillot read Memorial Resolution No. 98R-1038 in its entirety, recognizing Mr. Conway as a visionary and consummate volunteer in identifying and helping to resolve the community's needs, and indicating his accomplishments and many roles in national service including appointment as a United Auto Workers International Representative, service under the Administrations of Presidents John F. Kennedy, under whom he helped establish the Department of Housing and Urban development, and Lyndon B. Johnson, under whom he headed the Community Action Program, distributing grants to more than 250 communities as part of the War on Poverty campaign and helped establish. the Head Start program, his involvement in the community of Sarasota where he BOOK 43 Page 16050 01/20/98 6:00 P.M. BOOK 43 Page 16051 01/20/98 6:00 P.M. catalyzed affordable housing and the revitalization of neighborhoods, and helped more than 50 low-income families become owners of new homes through the non-profit Community Housing Corporation founded by him in 1990, and his service on the Sarasota Housing Authority and the Rosemary District Advisory Board. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt Memorial Resolution No. 98R-1038. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot expressed the Commission's condolences and presented the Memorial Resolution plaque to LuVerne Conway, Mr. Conway's widow. Mrs. Conway expressed appreciation and recognized her daughter, Cynthia, grand-daughter, Heather, and great-grand-daughter, April and stated that she hopes Mr. Conway's work will continue. Mayor Pillot stated that the work will continue due to the momentum created by Mr. Conway. The City Commission recessed at 6:25 p.m. into the special session of the Community Redevelopment Agency and reconvened as the City Commission at 6:40 p.m. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0631) through (0663) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Subrecipient Agreement for the 1997 Community Development Block Grant between the City of Sarasota and the Salvation Army in the amount of $22,500, to provide rental assistance to homeless families, per the request of Housing and Community Development Director Hadsell B. Remove Consent Agenda No. 1, Item No. III A-6, Approval Re: Authorize the Sarasota Bay National Estuary Program (SBNEP) to begin negotiations with Scheda Ecological Associates, Inc., for the Wetlands Coordinator consultant, per the request of SBNEP Office Administrator Walker On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 8, 1997, REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 5, 1998, AND JANUARY 5, 1998, ADJOURNED TO JANUARY 6, 1998 - APPROVED WITH CHANGES (AGENDA ITEM I) #1 (0681) through (0734) Mayor Pillot asked if the Commission had any changes to the minutes. Commissioner Patterson stated that on page 36 of the January 5, 1998, regular Commission meeting, adjourned to January 6, 1998, a statement regarding the Transportation Demand Management Area states: .and several hundreds of dollars in Staff salaries have been expended; Commissioner Patterson stated that the statement should read: .and several thousands of dollars in Staff salaries have been expended; Commissioner Cardamone stated that 21 hours of Commission meetings occurred during the first week of January 1998; that the City Auditor and Clerk's Staff should be praised for a good job in compiling the minutes; and asked how many hours of preparation are required to complete the minutes? City Auditor and Clerk Robinson stated that the time required to compile the minutes is more than double the amount of meeting time. Commissioner Cardamone expressed appreciation to the City Auditor and Clerk's Staff. Mayor Pillot agreed. Mayor Pillot stated that the minutes of the special City Commission meeting of December 8, 1997, and regular meetings of January 5, 1998, and January 5, 1998, adjourned to January 6, 1998, are approved, as modified, by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 5, AND 7 - APPROVED: DELAYED ACTION ON ITEM 2 PENDING FURTHER INFORMATION FROM BOOK 43 Page 16052 01/20/98 6:00 P.M. BOOK 43 Page 16053 01/20/98 6:00 P.M. THE ADMINISTRATION, REMOVED ITEM NOS. 4 AND 6 (AGENDA ITEM III-A) #1 (0735) through (1058) Commissioner Patterson requested that Item No. 2 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Third Amendment to Lease Agreement between the City of Sarasota and the Human Services Center of Sarasota, Inc. for the City to allocate CDBG funding for the acquisition of property for additional parking and vacation of a portion of 16th Street 3. Approval Re: Contract for Sale of Real Estate between the City of Sarasota and Coretta Rock in the amount of $33,200, for the sale of City-owned property located at 3020 Palmadelia Avenue, Sarasota, Florida 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Utilities Acquisition Agreement between the City of Sarasota and Robinhood Utilities to allow the City to incorporate Robinhood Utilities into the sanitary sewer system master plan for the area 7. Approval Re: Authorize the Mayor to execute the contract between the City of Sarasota and the Florida Department of Environmental Protection (FDEP) in the amount of $48,944 for the Hog Creek Habitat Restoration On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Items 1, 3, 5, and 7. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Approval Re: Renewal of the Main Street Depot, Inc. Lease and Concession Agreement for a period of five (5) years commencing on June 1, 1998 Commissioner Patterson stated that her husband's law firm represents Ernest Ritz, the owner of the Main Street Depot located on City-owned property at One North Lemon Avenue; therefore, she declares a conflict of interest and will not vote on this item. Commissioner Cardamone stated that the renewal of the lease was discussed several times with Mr. Ritz who made promises to fence the area, provide table service with wait staff, and make the area more compatible with Main Street redevelopment; that the lease does not include any of the conditions previously proffered by Mr. Ritz; that for the last six months, Charles Kuykendall, Architect, has been expected to provide Mr. Ritz architectural drawings of different styles of fences and designs for renovations necessary to control crowds at the Main Street Depot; that approval of the lease should not proceed absent inclusion of the proffered conditions. Commissioner Merrill stated that Mr. Ritz has not lived up to the terms of the March 1988 lease which indicated the City-owned property at Lemon Avenue and Main Street would be operated as an outdoor cafe; however, in reality, the existing establishment is comparable to an outdoor bar or nightclub at which loud music is played rather than the low-key cafe ambiance originally intended; that the original lease indicates it is important that the design and aesthetic qualities of improvements be appropriate for the location and purpose; that the Main Street Depot has not been appropriately, maintained; that Downtown redevelopment is actually hindered by the general look of the operation which has failed to meet the Commission's requirements; that renewal of the lease is not warranted; that the lease requires substantial compliance with all the terms and conditions of the agreement; that he does not find compliance and cannot support the lease renewal. City Manager Sollenberger stated that the Administration recommendation to approve is based on expectations on what the Main Street Depot was intended to become rather than what the operation has become in actuality; that the Main Street Depot is in substantial compliance with the terms of the lease agreement; that on one occasion, a minor was served alcohol beverages; that the Administration sent a letter of notice of breach of contract; that legal counsel for Mr. Ritz responded that the illegal act occurred under the management of a sub-lessee whose sub-lease was terminated within the required 30-day period during which any breach must be corrected; that no other factor indicating a lack of compliance with the lease terms has been found even though the business is not operated in the spirit desired by the City; that several meetings regarding concessionaire-installed improvements have occurred; that the Administration recommends approving the five-year extension of the lease. Vice Mayor Dupree requested clarification regarding the definitions of substantial compliance versus complete compliance. City Attorney Taylor stated that the lease language relating to substantial compliance does not require adherence to the letter regarding every detail contained within the document; that minor deviations from expected conduct or operations would not disqualify the lessee's ability to renew; that even a cumulative number of minor deviations would not be sufficient to disqualify renewal; that a dispute over such language is usually settled in a court of law to determine what is and is not substantial compliance; that a slight deviation from the lease is not BOOK 43 Page 16054 01/20/98 6:00 P.M. BOOK 43 Page 16055 01/20/98 6:00 P.M. sufficient grounds to deny renewal as long as the operation is in compliance relative to important issues. Vice Mayor Dupree asked if compliance exists on the important issues? City Attorney Taylor stated yes, that is basically what the City Manager has found. V. Peter Schneider stated that at the last meeting of the Downtown Association of Sarasota, Mr. Ritz announced that he no longer wishes to operate the Main Street Depot and intends to make a business decision as to whether to seek assignment or ask the City to buy out the lease; that Mr. Ritz was requested to place his intentions in writing and notice the City; that no written notice has been received; however, the intention to withdraw from further operation of the Main Street Depot was stated publicly. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to delay a decision regarding Consent Agenda No. 1, Item 2, the renewal of the Main Street Depot lease until further information is provided by the Administration. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes. Mayor Pillot stated that a letter from Loretta Ritz, President of Main Street Depot, Inc., is dated January 8, 1997; and asked if a correction for the record is required? City Manager Sollenberger stated that the letter was sent in January 1997; that the request to renew the lease was filed one year ago; however, the Administration has been waiting to submit all the documentation as well as address the promised improvements. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1039) - ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1040) - ADOPTED; ITEM 3 (ORDINANCE NO. 97-4022) = ADOPTED; ITEM 4 (ORDINANCE NO. 98-4032) - ADOPTED; ITEM 5 (ORDINANCE NO. 98-4036) = ADOPTED; AND ITEM 6 (ORDINANCE NO. 98-4037) ADOPTED (AGENDA ITEM III-B) #1 (1059) through (1193) City Auditor and Clerk Robinson read proposed Resolution Nos. 98R-1039 and 98R-1040 and Ordinance Nos. 97-4022, 98-4032, 98-4036, and 98-4037 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1039, authorizing the City Manager to apply for a Highway Beautification Grant from the Florida Department of Transportation; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 98R-1040, authorizing the City Manager to enter a Landscape Installation and Maintenance Memorandum of Agreement and Highway Beautification Grant Memorandum of Agreement with the Florida Department of Transportation for the installation and maintenance of landscaping and irrigation located on a portion of State Highway 780, known as Stottlemyer Pond, between Halton Street and Audubon Place within the City of Sarasota, Florida; etc. (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 97-4022, amending Chapter 2, Sarasota City Code, relating to nuisance abatement; setting a maximum amount for the imposition of civil fines; allowing for the recovery of reasonable attorney fees; clarifying the jurisdiction of the Nuisance Abatement Board; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 98-4032, to approve Petition No. 97-CO-13 to conditionally rezone from Sarasota County RMF-2 Zone District to City of Sarasota CI Zone District, and to approve Preliminary Site and Development Plan 97-PSD-22 to permit an Automobile Dealership Parking Lot in a CI Zone District on property located on the south side of Bee Ridge Road between South School Avenue and Dearborn Avenue, with a street address of 2124 Bee Ridge Road, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition Nos. 97-CO-13 & 97-PSD-22, Petitioner Les D. Craft, as agent for Robert W. Geyer and Patrick Dickenson) 5. Adoption Re : Second reading of proposed Ordinance No. 98-4036, amending Article V, Divisions 6 & 7 of the Zoning Code pertaining to Certificates of Concurrency and Development Agreements; revising the definition of development deemed to have a De Minimis impact as to transportation; amending the methodology for calculating projected demand for Certificates of Concurrency for Transportation, as more particularly set forth herein; revising the maximum permissible term for Development Agreements; making findings as to need; repealing ordinances in conflict; etc. (Title Only) 6. Adoption Re : Second reading of proposed Ordinance No. 98-4037, amending the Sarasota City Code, Chapter 2, BOOK 43 Page 16056 01/20/98 6:00 P.M. BOOK 43 Page 16057 01/20/98 6:00 P.M. Article V, relating to boards to establish a Citizen's Tax Oversight Committee; setting forth findings to justify the creation of said board; stating the purpose and responsibilities for such board: providing for the composition, appointments, terms of office and procedures of the board; amending Chapter 2, Article VI, relating to finance, purchasing and sales to provide a procedure for modifying the City of Sarasota Project List for the Infrastructure Surtax for Project List or allocation of proceeds; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) On motion of Vice Mayor Dupree second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes, Cardamone, yes. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4033, AMENDING ORDINANCE NO. 97-3516 BY THE SUBSTITUTION OF DEVELOPMENT PLAN PETITION 97-DPR-17 TO PERMIT CONVERSION OF AN EXISTING MOTEL TO ADDITIONAL USES PERMITTED IN THE TAD ZONE DISTRICT IN LIEU OF THE PREVIOUSLY APPROVED DEVELOPMENT PLAN; APPROVING DEVELOPMENT PLAN 97-DPR-17 PERTAINING TO THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF NORTH TAMIAMI TRAIL AND FOURTH STREET IN A TAD ZONE DISTRICT WITH A STREET ADDRESS OF 400 NORTH TAMIAMI TRAIL, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS REPEALING ORDINANCES IN CONFLICTI ETC. (TITLE ONLY) (PETITION NOS. 97-CO-15 & 97-DPR-17. PETITIONER RONALD P. ANNIS, AS AGENT REPRESENTING 400 NORTH TRAIL, INC.) - DENIED (AGENDA ITEM IV-1) #1 (1207) through #2 (0270) Jane Robinson, Director of Planning and Development, came before the Commission, displayed on the overhead projector a zoning/subdivision map and stated that Conditional Rezoning Petition No. 97-CO-15 modifies a previously approved conditional rezoning ordinance to allow additional uses at the Normandy Motel site at 400 North Tamiami Trail on the northeast corner of North Tamiami Trail and Fourth Street; that revised Development Plan Review Petition No. 97-DPR-17 has been filed and if approved would allow the existing 12 units at the motel to be converted to commercial uses permitted in the Theater and Arts District (TAD) Zone District; that the Planning Board/Local Planning Agency found Petition Nos. 97-CO-15 and 97-DPR-17 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval; that the January 5, 1998, public hearing was opened and continued to this meeting to enable the Administration to refine a list of excluded uses. Ms. Robinson continued that the petitioner plans to convert four units into a produce market during Phase 1 of the conversion; that the remainder of the property would be developed in phases in the future with flexibility regarding uses; that the Commission requested Staff to address issues relating to traffic, parking, and permitted uses; that the allowable uses have been addressed as outlined in the January 12, 1998, Staff memorandum included in the Agenda materials; that proffered conditions were discussed at a meeting with Staff and the petitioner. Ronald Annis, Architect and Agent representing 400 North Trail, Inc. and John Nugent, Owner of the Normandy Hotel property, came before the Commission. Mr. Annis stated that he attempted to respond to Commission concerns in the letter dated January 8, 1998, included in the Agenda material; that an additional set of plans showing the configuration of the entrances to the building was submitted to Staff; that a concern about multiple entrances has been addressed on page 4 of the final phase site and development plan; that a maximum of three primary, hamdicapd-accemmible entrances will be located off the courtyard; that service entrances will be located on the side of the building abutting the alley; that two possible service entrances, accessible from Fourth Street, are not handicapped accessible and would not be considered primary entrances. Mr. Annis continued that the revised proposal is in compliance with the Comprehensive Plan and the Zoning Code ordinance relating to the TAD Zone District; that the subject property is one of only two properties zoned as TAD Zone Districts in six to seven blocks fronting on U.S. 41 zoned primarily as commercial zone districts of higher intensity allowing a greater number of uses; that the petitioner desires flexibility to operate uses determined appropriate by the Comprehensive Plan for properties on U.S. 41; that the City should not initiate a policy of specifying the allowable products for sale in the TAD Zone District when all other properties along U.S. 41 have a broad BOOK 43 Page 16058 01/20/98 6:00 P.M. BOOK 43 Page 16059 01/20/98 6:00 P.M. menu of uses afforded through zone districts such as the Commercial, Neighborhood (CN) Zone District. Commissioner Cardamone asked if the existing walls between the rooms of the Normandy Motel will be removed? Mr. Annis stated that the exact location of subdividing walls is not certain; that Phase 1 involves removing two of the walls; that the final phase site and development plan indicates the basic design of the plan; that new walls have not been specified on the site plan due to the absence of definite tenants. Commissioner Cardamone asked the square footage of the produce market proposed for development during Phase 1? Mr. Annis stated approximately 740 square feet. Commissioner Cardamone asked if plans have been developed to remove the walls in the space designated as the produce market? Mr. Annis stated no; that the building will continue to function as a motel until a tenant to operate another use has been found; that converting the motel into a more economically viable use is desired. Mr. Annis continued that the site plan has been changed to reflect three primary entrances to meet Commission concerns regarding multiple entrances; that two service entrances will provide delivery access from Fourth Street. Mayor Pillot opened the public hearing. The following people came before the Commission: Robert Seth-Ward, 300 North Tamiami Trail (34236), representing Churchills of London Ltd. (Churchills) and Victor Levine, Owner of Churchills, stated that he is the manager of Churchills of London Ltd.; that the proposed conditional rezoning has only recently come to his attention and no site plans have been reviewed; that development of a mini-mart or grocery store is understood as the intended use on the existing Normandy Motel property; that traffic volume and parking are the primary concerns as the property currently provides limited parking; that Churchills, a low-volume business patronized by approximately ten customers per day, has eleven parking spaces to sufficiently accommodate the volume of business; that Nello's, an upscale clothing store located next door, is also a low-volume business. Mr. Seth-Ward continued that at least one minor accident occurs each week on U.S. 41 in the immediate area; that a business at the Normandy Motel site requiring a high-volume of traffic would not be suitable; that a large portion of the existing building would have to be demolished and the parking area expanded to enable a sales volume sufficient to provide the operating capital required to maintain a leasehold fronting on U.S. 41. Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission, and stated that parking requirements for the Normandy Motel property at 400 Tamiami Trail have been reviewed and determined in compliance with TAD Zone District standards; that the parking requirement is based on a ratio of one space for every 350 square feet of floor area; that 20-percent exclusion for on-site storage is allowed; that no parking requirement exists for restaurants under 3,000 square feet; that parking requirements in the TAD Zone District are liberal; that the site and development plan presented by the petitioner meets the requirements for the TAD Zone District. Mayor Pillot asked if Zoning Code requirements have been met? Mr. Litchet stated that the technical standards established in the Zoning Code have been met. Commissioner Patterson stated that conditional rezonings should provide the ability to analyze a particular use to determine whether the impact on the surrounding area is positive or negative; that regardless of technical standards, the probability exists that parking is insufficient; that the Zoning Code may be defective; however, the applicability of conditional rezoning should be explained if no ability to examine a particular use on a case-by-case basis exists. Mr. Litchet stated that all he can do is review what is actually required by the Zoning Code which has zone district standards determined by the Commission; that the actual technical standards may not always meet the reality of the proposed use; however, the Commission can decide whether another PBLP review is required to address specific concerns; that he is not aware of any specific way the City can require a petitioner to comply to greater standards than those required under the Zoning Code. City Attorney Taylor stated that this petition is not a request for a rezoning; that the TAD Zone District already applies to and carries certain allowable uses on the Normandy Motel property at 400 Tamiami Trail; that Section 5-17 of the Zoning Code sets forth the criteria for allowable uses; that the purpose of this quasi-judicial hearing is to present to the Commission a site and development plan which lays out the uses and allows for a determination as to whether the required criteria have been met; that the Commission must reach a finding as to whether the plan adequately addresses traffic generation characteristics in relation to street capacity, street classification, and existing and protected traffic volumes; that traffic generation is a valid consideration for the Commission. BOOK 43 Page 16060 01/20/98 6:00 P.M. BOOK 43 Page 16061 01/20/98 6:00 P.M. Commissioner Patterson stated that she is referring to parking requirements rather than traffic volume; that specific conditions were attached when the subject property was rezoned; that the petitioner has submitted a request to liberalize the conditions; however, some logic must have existed to place the conditions on the property when the conditional rezoning was granted in 1991; that Staff is indicating the Commission has virtually no prerogatives; that the process to review and approve the original conditional rezoning is rendered irrelevant; that attaching conditions to a conditional rezoning is a waste of time if the property owner can return to have the conditions removed; and asked if the Commission has any prerogatives? City Attorney Taylor stated that the Commission has the responsibility to develop a record to show evidence contradicting the determination of the technical Staff if disagreement exists with the conclusion reached by Staff that a petition meets the Zoning Code criteria. Commissioner Patterson asked if the Zoning Code criteria are the only criteria available for evaluation by Staff to determine if this petition meets all the technical requirements? City Attorney Taylor stated that technical requirements are presented during the development plan review process; that specific criteria presented during testimony to the PBLP and the Commission at public hearings provide the basis on which a development plan is reviewed. Mr. Litchet stated that the Zoning Code is studied, section by section, beginning in the Zone District where the property is located; that permitted use, density, lot coverage, setback, and parking requirements are all reviewed to confirm that the proposed site and development plan meets the standards specifically laid out in the Zoning Code; that the entire Zoning Code is reviewed to determine if any special conditions exist to modify those standards in any manner; that he does not determine if a particular use in a particular location may have reason to exceed the parking standard as no criteria exists on which such a decision can be based; that additional information would be required to make a determination contrary to the Zoning Code criteria. City Attorney Taylor stated that the development plan review criteria provide the Staff the ability to determine whether a site and development plan adequately provides for parking and loading areas, vehicle access in relationship to street capacity, functional ability, and established land-use patterns; however, Staff analysis lacks one important factor; that the PBLP and the Commission have the opportunity, during the public hearing process, to receive additional information which could be substantial enough to convince the Commission that a plan does not adequately address the criteria even if parking requirements or traffic generation have been determined as adequate by Staff; that the Commission can appropriately approve or disapprove the petition or require conditions be attached to approval. Commissioner Patterson stated that the development plan review criteria includes a decision as to whether the site plan sufficiently provides parking and loading areas and proposed vehicular access in relationship to street capacity, functional ability, and established land use patterns; that those criteria do not seem to be the same a determination by Staff that the site plan meets the criteria listed in the Zoning Code. Mr. Litchet stated that his analysis is based numerically on what is stated in the Zoning Code; that Staff attempts to review parking requirements in different zone districts; however, subjective information introduced during public hearings may require further review. Mr. Litchet continued that he does not recall any specific discussion at the PBLP regarding the Normandy Motel site being developed as a vegetable market operated by multiple vendors; that the subdivision and multiple operation of the produce market have not been clarified by the petitioner; that the petition should be referred back to Staff for additional analysis by the Engineering Department or an outside consultant if numerous trucks to service a multiple-vendor establishment are required. Commissioner Merrill stated that he voted against the original conditional rezoning for the restaurant approved at the August 19, 1991, regular Commission meeting; that his opposition was based on the lack of available parking; that supporters of the rezoning maintained the primary clientele would be comprised of pedestrians from nearby neighborhoods and promoted the position that an open-air dining establishment would not require substantial parking; that his position in August 1991 was that people would not cross U.S. 41 to patronize a restaurant. Commissioner Merrill continued that the current Staff analysis is based on the proposal that people would have driven to the site if the previously approved restaurant had opened; that the Staff determination, based on trip generations relating to the original restaurant, indicates the proposed development project would generate less traffic despite the fact that the original restaurant was approved in 1991 as a padestrian-orientea, open-air dining establishment; that the process to upgrade the uses appears to subscribe to the following chronology: 1) a conditional rezoning is approved, 2) a petition is subsequently presented to liberalize the original conditions, 3) the justification to liberalize the conditions is presented based on maximum standards applicable to, for example, a restaurant in the BOOK 43 Page 16062 01/20/98 6:00 P.M. BOOK 43 Page 16063 01/20/98 6:00 P.M. TAD Zone District approved absent conditions, and 4) an argument is made by the petitioner that the current proposal will have less impact than the original rezoning. Commissioner Merrill further stated that the 1991 conditional rezoning request indicated minimal traffic generation; that the current proposal should be based on the standards approved for the original project; that the standards should not be changed for the uses proposed in Conditional Rezoning Petition No. 97-CO-15 if the original approval was based on development of a pedestrian-oriented restaurant; that the restaurant was supposed to cater to patrons from the immediate neighborhood; that the petitioner is now presenting the position that any type of restaurant could have been developed under the conditional rezoning approved in 1991; however, any type of restaurant was not approved by the Commission in August 1991. Commissioner Merrill stated further that the Normandy Motel site was rezoned to the TAD Zone District as a conditional use for a pedestrian-oriented restaurant; that the petitioner has returned with a request to expand the allowable uses because the right existed under the 1991 conditional rezoning to develop a restaurant; however, the specific type of restaurant approved in 1991 was not developed; that each petition coming to the City appears to allow property owners to escalate uses with each new request; that the Commission is placed in the position of approving the inappropriate usage of a property and the petitioner is arguing that the legal right to do so exists. City Attorney Taylor stated that the analysis provided by Commissioner Merrill is a perfectly acceptable way to review the petition; that a new request has been presented; that the 1991 approval of the rezoning and permitted uses was based on assumptions no longer applicable; that the current petition is a request to change the existing allowable uses; that the review should focus on the proposed change in uses; that a record should be developed based on Commission concerns regarding those proposed changes. Commissioner Merrill stated that Staff analysis does not appear to focus on the substance of the project but rather is based on analysis of Zoning Code criteria; that in 1991, the Commission determined the appropriateness of an outdoor cafe at the Normandy Motel site; that the 1991 approval of the site as a restaurant use should not be used as an excuse to allow more intense uses; that in 1991, approval of the conditional rezoning was based on the petitioner's promise that the outdoor cafe would not generate traffic. Mayor Pillot stated that Mr. Seth-Ward's concerns regarding traffic and parking have helped to achieve clarification of the issues. Mr. Seth-Ward stated that the building at 300 North Tamiami Trail in which Churchills is located was derelict three and a half years ago; that the building is now presentable and an asset to the City; that the owners of Nello's Clothing Store also redeveloped a deteriorating property as a low-impact business; that multiple vendors operating a flea market or vegetable market is a problem; that multiple employees or owners of concession stands with multiple delivery trucks are envisioned; that parking is insufficient; that the parking spaces in front of Churchills are often used for overflow parking from the Quay. Robert Torres, 3957 Bearded Oaks Court (34232), stated that he has lived in Sarasota for 27 years, is currently a resident of the City, and has been in the wholesale produce business for 25 years; that he developed three retail produce operations in Sarasota: Village Vegetables on Siesta Key, Produce World on 17th Street, and Nellie's Deli/Forest Lakes Produce at Beneva Road and Webber Street; that he and Mr. Nugent have discussed the proposed specialty produce shop at the Normandy Motel site for several years. Mr. Torres continued that the word flea market is a poor connotation for the proposed development; that based on his own past experience in the business, a small specialty produce shop would benefit the community; that the shop will be tastefully done and not negatively impact the aesthetics of the neighborhood; that the excellent maintenance and landscaping of the Normandy Motel property are indicative of Mr. Nugent's character; that a specialty produce shop has merit; that a development which could negatively impact the neighborhood would not be endorsed; that he believes a specialty produce shop is a permitted use on the property zoned as the TAD Zone District and would be an asset to the community; that a former produce distributor on Main Street is no longer in business and no specialty produce retail concern exists in the area around U.S. 41 and Fourth Street; that the shop is believed to be intended as a single-vendor rather than multiple-vendor operation. Commissioner Cardamone stated that Mr. Torres's expertise is appreciated; and asked if a 740-aquare-foot produce market can generate $20 per square foot and be viable? Mr. Torres stated that the high volume of traffic already existing in Downtown would catalyze a growth situation for a specialty produce shop; that although a parking problem exists in Downtown, any existing business on U.S. 41 generates traffic and parking problems caused by employee vehicles; that one delivery rather than multiple deliveries per day would be expected; that BOOK 43 Page 16064 01/20/98 6:00 P.M. BOOK 43 Page 16065 01/20/98 6:00 P.M. hard goods such as jellies or jams would be delivered once every three or four weeks in a quantity sufficient to avoid daily re-order. Commissioner Cardamone stated that Mr. Torres's first response was that the existing high volume of traffic could make the specialty produce shop a successful business; that a high volume of traffic is the focus of Commission concern; that a high volume would have to be generated for a small retail operation to pay the high rent and be successful in that location. Mr. Torres stated that the statement was made for a different reason; that a fair amount of traffic already exists to make the business successful; that many small businesses open and then go out of business quickly; that a successful business requires good traffic flow; that the Produce World on 17th Street enjoyed a good traffic flow and growth situation; that at the time Nellie's Deli was first established, the intersection of Beneva Road and Webber Street was the center of business activity in Sarasota; that the current business center is now located on Cattlemen Road; that good traffic flow is necessary; however, he does not believe a specialty produce shop would generate parking problems to the extent represented during the public hearing; that he is familiar with the site plan and aware of the petitioner's plans. John Chadwick, 1300 Sixth Street (34236), came before the Commission and stated that he was born in Sarasota in 1927 and had a family-owned grocery store at the corner of Sixth Street and Central Avenue for 25 years until his parents died and the business was sold; that the proposed development would enhance the neighborhood and clean up 10th Street, Central Avenue, U.S. 41, and Cocoanut Avenue to Main Street; that two Sarasota County Area Transit (SCAT) buses, one running on Cocoanut Avenue and one running on U.S. 41, offer public access to the property; that sufficient parking exists at the location; that the petition is supported. Grace Beniamin, 2970 Bahia Vista Street (34239), stated that she has been a City resident since 1962; that a specialty produce shop at the Normandy Motel site would be an asset to the TAD Zone District. Barry Karas, 540 North Tamiami Trail (34236), representing Jeanette Fashions, stated that he is the owner of Jeanette Plaza at the corner of Sixth Street and U.S. 41 and became aware of the proposed conversion of the Normandy Motel yesterday; that the Commission is requested to consider the specific uses proposed on the site; that a gourmet food store would be a good asset to the area; however, a farmers' market style of establishment with multiple vendors creating an atmosphere similar to the farmers' market on Lemon Avenue every Saturday morning would be inappropriate; that the traffic generated by a multiple-vendor produce store would be overwhelming to the neighborhood. Mr. Karas continued that a great many businesses have moved south on U.S. 41; that Jeanette Plaza was built 15 years ago; that wonderful plans are being developed for the North Tamiami Trail; that a Ritz-Carlton Hotel has been proposed and the Renaissance of Sarasota project will include luxury apartments and offices; that the proposed expansion of the Hyatt Hotel has been delayed due to a potential increase in traffic; that the Normandy Motel site could be developed as a wonderful gourmet food store; however, a flea market/farmers' market will not benefit North Tamiami Trail development; that the City's traffic and parking requirements are unknown; however, the Commission is requested to ensure development of the Normandy Motel site to benefit the North Tamiami Trail area. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Mr. Annis and Mr. Nugent returned to the Commission table. Mr. Annis stated that the TAD Zone District has a specific established parking standard of eight required parking spaces; however, 14 spaces will be provided on site in substantial excess of the requirements; that to the best of his knowledge, every project, including restaurants on Palm Avenue and other commercial uses approved in the TAD Zone District, has been required to meet only the parking requirements specified for that zone district; that the City cannot invent a parking standard for each new project different from those currently proscribed in individual zone districts; that the basis for inventing a new standard for parking does not exist; that under the TAD Zone District, the Burns Court Cinema required no parking and was not required to provide any. Mr. Annis continued that the Zoning Code should be revised if projects in the TAD Zone District are believed to warrant parking requirements different from those which currently exist; that the TAD Zone District was designed to promote preservation of existing structures by converting the uses allowable in those structures; that the TAD Zone District was given comparatively liberal parking requirements which have been exceeded by the petitioner. Mr. Annis further stated that the Engineering Department has declared the project will have a de minimus impact on traffic generation and that a traffic study is not warranted as traffic generated from the proposed project during peak hours would be insufficient to warrant such a study; that no reason exists to reject the proposal based on perceived traffic problems; that the petitioner has complied with everything in the law. BOOK 43 Page 16066 01/20/98 6:00 P.M. BOOK 43 Page 16067 01/20/98 6:00 P.M. Mr. Annis stated further that the Normandy Motel site is located on U.S. 41 and is believed to be one of the two most appropriate sites in the TAD Zone District available for commercial uses such as the proposed development; that the January 12, 1998, Staff memorandum regarding parking, traffic, and allowable uses has been neither received or reviewed. Commissioner Patterson stated that the January 12, 1998, Staff memorandum indicates the petitioner has agreed to limit the number of handicaped-accemsible primary entrances to three, therefore limiting the number of leasable units; and asked if an actual intent exists to limit the leasable units to three? Mr. Annis stated that the design was originally approached with three primary entrances in mind; that at the January 5, 1998, regular Commission meeting, discussion turned to possible use of the property as a flea market; that a flea market is not an allowable use in the TAD Zone District and therefore, not an issue; that several years ago, a farmers' market was developed behind Farm and Garden Supply Store at 1492 Fourth Street as a produce market complemented by additional, independent vendors for meat, fish, and baked goods; that the market failed due to the poor location; that the petitioner would like the opportunity to consider developing a similar establishment. Commissioner Patterson stated that the market behind the Farm and Garden Supply store was housed in one building. Mr. Annis stated that the diverse-products market proposed on the Normandy Motel site would also be housed in one building; that existing motel-room walls would be removed to develop one large space. Vice Mayor Dupree stated that the proposal could result in an absentee -ownership situation; that landlords have no control over multiple tenants; that the proposed potpourri of allowable uses will allow the City no control over the operations; that the Zoning Code may allow multiple uses; however, the Zoning Code also indicates that buildings must be maintained to a specific standard; that many property owners maintain buildings only to a minimum standard inadequate for the surrounding area; that reservations exist as to whether the proposed development is compatible with future redevelopment plans for the North Tamiami Trail area; that loading and unloading may negatively impact North Tamiami Trail neighborhoods. Mr. Annis stated that to the best of his knowledge, the petitioner intends to own or at least initiate the operation of the proposed produce market with a long-term goal to lease the spaces; however, ownership of buildings is not a criteria for development review regarding land-use designations. Mr. Annis continued that the Comprehensive Plan recognizes that TAD Zone District properties fronting on U.S. 41 should be developed as commercial uses and require flexibility; that the proposed development is very much in accordance with the Comprehensive Plan; that an existing alley on the north side of the structure has been used for parking for Normandy Motel employees and guests; that the alley has not been included in the parking areas for the proposed development; however, loading and unloading are appropriate activities; that the total building area of the proposed project is less than 5,000 square feet, the threshold requiring a dedicated loading space, and is exempt from the requirement; however, ample service area exists in the alley. Commissioner Patterson asked the other TAD Zone District property on U.S. 41? Mr. Annis stated that Nello's Clothing Store, the property immediately across Fourth Street to the south, is zoned as a TAD Zone District. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A, D, F, H, J & M and City of Sarasota local amendments The agenda packet and minutes of the November 5, 1997, PBLP meeting All documentary evidence submitted at the November 5, 1997, PBLP public hearing Site and Development Plan Petition No. 97-DPR-17 and Application for Conditional Rezoning Petition No. 97-CO-15 submitted by the Petitioner City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4033 by title only. Mayor Pillot requested clarification of the quasi-judicial process. City Attorney Taylor stated that a quasi-judicial hearing is something other than the legislative proceedings which normally take place at the Commission table; that more stringent standards are applied to quasi-judicial public hearings than ordinarily applied; that questions regarding land use must be addressed by the standard applied by the courts which requires the authority BOOK 43 Page 16068 01/20/98 6:00 P.M. BOOK 43 Page 16069 01/20/98 6:00 P.M. sitting in judgment of the petition to base its final decision on substantial, competent evidence; that the 12th Judicial Circuit Court would review the record made at the PBLP and the Commission meetings, if the Commission's action is challenged, and determine whether the evidence on which the decision was based was substantial in quantity and factually sufficient to support the Commission's decision. Commissioner Cardamone stated that she has had ex parte communication with John Harshman, a principal in the development of the Renaissance of Sarasota project, Joseph Marconi, owner of Nello's, Victor Calderone, a property owner in the North Tamiami area, and Glenda Mock the Executive Director of the North Trail Association. Vice Mayor Dupree stated that he has had ex parte communication with Ms. Mock. Mayor Pillot requested clarification of declarations of ex parte communication. City Attorney Taylor stated that a question was originally raised under Florida law as to whether or not Commissioners could have discussions with outside parties concerning the subject matter of petitions requiring quasi-judicial hearings; that Commissioners were initially prohibited from ex parte, "outside of these proceedings, 11 discussion; however, the law was changed by the legislator to allow ex parte discussions to occur as long as the discussions are declared at the meeting and the parties identified. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to deny Petition No. 97-CO-15, the request to modify a previously approved conditional rezoning ordinance from 1991. Commissioner Cardamone stated that the following three reasons exist to deny the petition: 1. The nature of the request Commissioner Cardamone stated that this is a request to modify a previously approved conditional rezoning on the books for years; that an assumption must be made that approval is not automatic or the petition would never have come before the Commission. 2. High traffic volume Commissioner Cardamone stated that Mr. Torres explained that a high volume of traffic would be required for this type of operation to be successful; that although Mr. Torres did not infer that a high volume of traffic in and out of the location would be necessary, she is qualified as a retailer to state that a high volume of traffic would be required to provide the necessary operating capital for a small business paying the high-dollar rent anticipated by the petitioner/landlord. 3. Multiple tenants in small spaces Commissioner Cardamone stated that Mr. Annis indicated a desire to keep all options open for multiple tenants; that the possibility of multiple tenants was one of the Commission concerns for which the public hearing was continued from the January 5, 1998, regular Commission meeting; that the hope existed that Staff, Mr. Annis, and Mr. Nugent could reach a resolution to address the Commission's worries regarding multiple tenants. Commissioner Cardamone continued that limiting the handicuped-accemible primary entrances to three may not keep the approximately 1,200-square-foot building located on the rear of the property from being subdivided; that the long building running along the rear of the property designated for sales or food service will have one primary entrance in the center of the structure; however, nothing would prevent the construction of a hallway running the length of the building with separate entrances inside leading to multiple tenancies; that the entire building could be subdivided into small spaces even though only one hamdicuped-acceaible primary entrance would be visible on the outside; that Mr. Litchet has indicated the building could be divided in such a way; that the petitioner did not proffer any condition that the building would not be subdivided into small, multiple uses. Mayor Pillot Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to deny Petition No. 97-CO-15 and proposed Ordinance No. 98-4033. Motion carried unanimously (5 to 0) : Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4038, TO CONDITIONALLY REZONE FROM THE WATERFRONT RESORT-BAYFRONT (WFR-B) ZONE DISTRICT AND THE NORTH TRAIL (NT) ZONE DISTRICT TO THE RESIDENTIAL MULTI-FAMILY-5 (RMF-5) ZONE DISTRICT AND TO APPROVE SITE AND DEVELOPMENT PLAN 97-PSD-27 TO PERMIT THE CONSTRUCTION OF MULTIPLE- - FAMILY STRUCTURES AND AN ASSISTED LIVING FACILITY IN A RESIDENTIAL MULTI- FAMILY (RMF-5) ZONE DISTRICT ON THE FOLLOWING DESCRIBE PROPERTY: SAID PROPERTY LOCATED ON THE WEST SIDE OF NORTH TAMIAMI TRAIL (ACROSS FROM 137H STREET) WITH A STREET ADDRESS OF 1201, 1301 AND 1325 NORTH TAMIAMI TRAIL, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. BOOK 43 Page 16070 01/20/98 6:00 P.M. BOOK 43 Page 16071 01/20/98 6:00 P.M. (TITLE ONLY) PASSED ON FIRST READING CONDITIONED ON INCLUSION OF REVISIONS TO CONDITION NUMBER EIGHT ON PAGE 5 AND THE STIPULATION THAT THE SIDEWALK INSTALLED ON THE EASTERN BOUNDARY OF THE SUBJECT PROPERTY FRONTING ON U.S. 41 WILL BE EIGHT FEET IN WIDTH AND 9. SPECIAL EXCEPTION PETITION NO. 97-SE-15, TO EXCEED THE MAXIMUM HEIGHT LIMITATION IN A RESIDENTIAL MULTI- - FAMILY (RMF-5) ZONE DISTRICT FOR THE CONSTRUCTION OF TWO ELEVEN STORY STRUCTURES PROPOSED AS A FILE CARE RETIREMENT COMMUNITY ON THE FOLLOWING PROPERTY: SAID PROPERTY LOCATED ON NORTH TAMIAMI TRAIL (ACROSS FROM 137F STREET) WITH A STREET ADDRESS OF 1201, 1301 AND 1325 NORTH TAMIAMI TRAIL; MORE PARTICULARLY DESCRIBED IN SAID APPLICATION, ETC. (PETITION NOS. 97-CO-16, 97-PSD-27 & 97-SE-15, PETITIONER, MR. DONALD M. LAWSON, AIA, REPRESENTING THE FREEDOM GROUP L INC.) - APPROVED WITH MODIFICATION TO THE PBLP RESOLUTION THAT THE MAXIMUM HEIGHT LIMITATION WILL BE EXCEED TO ALLOW 140 FEET IN HEIGHT ABOVE A 10-FOOT PARKING FACILITY (AGENDA ITEM IV-2) #2 (0271) through #3 (1239) Jane Robinson, Director of Planning and Development, came before the Commission, displayed on the overhead project a zoning/subdivision map of the proposed development, and stated that this is a request to develop the parcels located at 1201, 1301, and 1325 North Tamiami Trail as a retirement community; that the applicant is requesting to rezone the parcels from the Waterfront, Resort-Bayfront (WFR-B) and the North Trail (NT) Zone Districts to the Residential, Multiple-Family (RMF-5) Zone District; that proposed uses include 250 units with kitchen facilities in two 11-story structures, shared common amenities and accessory functions located within a one-story building between the two structures, and a 50-bed Assisted Living Facility (ALF) within a separate two-story structure on the site; that Special Exception 97-SE-15 has been filed in conjunction with Conditional Rezoning Petition No. 97-CO-16 and Preliminary Site and Development Plan No. 97-PSD-27 to request additional height within the RMF-5 Zone District; that the Planning Board/Local Planning Agency (PBLP) found proposed Conditional Rezoning Petition 97-CO-16 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval subject to the following conditions: Installation of a sidewalk on the south side of Imperial Drive; Coordination with the Sarasota/Manatee Bicycle Pedestrian Committee and the Metropolitan Planning Organization (MPO) to encourage use of alternative methods of transportation; An easement deed for a 12-foot-wide bicyele/pedestrian path to connect to the proposed Bayfront Bicycle and Pedestrian Corridor; Maintenance and preservation of an archeological preservation area described on site plan; Easement for water and sewer utilities; Keypad system at the gated entry to the project located at the southerly access point off U.S. 41; Purchase and installation of traffic signal at the entrance to Whitaker Gateway Park at U.S. 41 conditional on approval of traffic warrants by the Florida Department of Transportation (FDOT) within two years after issuance of final certificate of occupancy; and Widening and striping of Imperial Drive from two to three lanes conditioned on FDOT approval. Ms. Robinson stated that the PBLP found proposed Special Exception Petition 97-SE-15 and Preliminary Site and Development Plan 97-PSD-28 consistent with the Sarasota City Plan and the Tree Protection Ordinance, and recommended approval subject to the stipulation of a maximum height of 140 feet conditioned on the site and development plan and the above listed conditions. Dennis Daughters, Director of Engineering/Clty Engineer, came before the Commission, displayed on the overhead projector a drawing of the intersection of U.S. 41 and the Imperial Drive, and stated that one of the conditions is the installation of an additional lane and a sidewalk on the south side of Imperial Drive; that trees and shrubbery will be relocated; that a public right-of-way will be dedicated to the City and allow the Sarasota Bay Club and Bays Bluffs Condominium access across the entrance to Whitaker Gateway Park. Commissioner Cardamone asked if any changes to the entrance of Whitaker Gateway Park are intended. Mr. Daughters stated that the entrance to the Park would remain one lane inbound and two lanes outbound. Commissioner Merrill requested clarification of a dedicated public right-of-way. Mr. Daughters stated that a right-of-way will be dedicated to the City rather than giving an access easement to the Sarasota Bay Club and Bays Club Condominiums; that the public including the two residential communities will be able to use the right-of-way. BOOK 43 Page 16072 01/20/98 6:00 P.M. BOOK 43 Page 16073 01/20/98 6:00 P.M. Commissioner Patterson stated that the site plan indicates a four-foot-wide sidewalk along U.S. 41. City Manager Sollenberger stated that the developer will install an eight-foot sidewalk; that an E-Mail message received from Deborah Marks, Planner II, states that Brian Roskamp, the developer, is willing to stipulate on the record this evening that the developer will install an eight-foot sidewalk along U.S. 41 and also dedicate an easement on the waterfront to enable construction of a boardwalk for a bicycle/pedestrian path as a section of the proposed Bayfront Bicycle and Pedestrian Corridor. Mr. Daughters stated that the waterfront easement will be 12 feet in width. Commissioner Merrill asked if the waterfront easement can be provided in a location enabling installation of a boardwalk for a bicycle/pedestrian path over the water? Mr. Daughters stated that the City will be constructing a boardwalk over the water on the north end of the Bicycle/pedestrian path; that the south end of the path may remain on land; that the location of the 12-foot easement must remain flexible until a final decision regarding the configuration of the bicycle/pedestrian path is made. Commissioner Merrill asked if the owner would provide an easement on for example, two feet of land, to enable construction of a bridge from the land to a boardwalk bicycle/pedestrian path routed over the water? Mr. Daughters stated that although his understanding is such, the proffer should be provided by the developer. Charles D. Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz and Getzen, 1500 Ringling Boulevard (34236), and Robert Roskamp, 6805 GMD, Longboat Key (34238) Chief Executive Officer of Freedom Group of Sarasota Inc. the petitioner and developer of the Sarasota Bay Club, came before the Commission. Attorney Bailey stated that Donald Lawson, AIA, the architect for the project, is out of State this evening; that Mr. Lawson is anticipated to attend the second reading; that Brian Roskamp, Mr. Roskamp's son, will be assisting the presentation; that the petitioner is seeking approvals of three types: 1. Conditional rezoning Attorney Bailey stated that the petitioner is seeking rezoning of the property from the existing WFR-B and NT Zone Districts to the RMF-5 Zone District; that the existing zone districts allow a higher density than the zone district requested. 2. Special exception Attorney Bailey stated that a special exception for height will allow development of buildings 140 feet in height over a 10-foot parking garage or a total of 150 feet; that the allowable height in the existing zone district is greater than requested for the RMF-5 Zone District. 3. Site and development plan approval Mr. Bailey stated that all three requests for approval will be presented as one package. Mr. (Robert) Roskamp stated that he believes the Sarasota Bay Club will become Sarasota's premier retirement address; that he came to Sarasota 23 years ago and began developing senior housing with Doctor's Hospital; that senior living communities were developed locally and eventually, full-campus, life-care communities were developed to serve approximately 7,000 residents in California, Arizona, Michigan, Pennsylvania, and along the west coast of Florida from Clearwater to Naples; that many new incoming residents are in the lower 70s in age; that people from 55 years of age choose this lifestyle. Mr. Roskamp continued that the vision of the Sarasota Bay Club is one of a full-service retirement community; that residences will include 250 apartments and all amenities required for social and dining activities and also for long-term care; that the community will be divided into two buildings on 11 acres; that the only existing structures on site are the New York Carpet Store, currently under reconstruction and Hansen Marina which will become a stormwater retention area for the proposed project; that two deteriorating motels across U.S. 41 were purchased and demolished; that various aesthetic design concepts will be explored for the property. Mr. Roskamp further stated that meetings with members of Gateway 2000, the North Trail Association, Indian Beach/Sapphire Shores Neighborhood Association, and focus groups of seniors have been held; that four meetings with residents of Bays Bluff Condominium were held to explore how the development would be economically viable and in conformity with North Tamiami Trail improvements; that the site plan meets all required criteria. Mr. Roskamp displayed on the overhead projector a site and development plan for the Sarasota Bay Club and stated that two 11-story apartment buildings will be constructed on the southern portion of the 11-acre property; that 147 apartments will be provided in the Phase I building and 103 apartments in Phase II; that a two-story structure connecting the two apartment buildings BOOK 43 Page 16074 01/20/98 6:00 P.M. BOOK 43 Page 16075 01/20/98 6:00 P.M. will house dining facilities, arts and crafts rooms, and other amenities; that residents' long-term-care needs will be served in a separate building on the northern portion of the property. Mr. Roskamp displayed on the overhead projector a drawing of the frontage on U.S. 41 and stated that all five existing, entrances and exits on U.S. 41 will be eliminated; that a meandering eight-foot-wide walking and bicycle path, privacy fence constructed of aluminum and stone pillars, and landscaping will be installed; that signage identifying the Sarasota Bay Club will be installed on the two corners of the property. Mr. Roskamp continued that a total of 390 parking spaces will be developed including parking underneath the buildings, covered parking, and open parking; that the Bays Bluff Condominium will be accessed by a private drive; that a security building will be constructed; that a flexible, 12-foot easement along the waterfront for the bicycle/pedestrian path will be provided; that an amendment to the proposed ordinance can be amended to provide the ability to build a bridge from the property over the water to the boardwalk for the bicycle/pedestrian path; that the stormwater retention pond will be developed in the old Hansen Marina and drain into the Bay. Mr. Roskamp further stated that the orientation of the buildings allows for maximum light and view from east to west; that all concurrency requirements have been met; that an architecturally beautiful design of the old-world style will be modeled on the Ritz-Carlton Hotel in Naples; that this will be the first, full life-care community built in the area in the last 12 years and should be completed in time for a New Year's Eve celebration in 2000; that construction should begin by August 1998; that the proposed project is ready to move forward. Mr. Roskamp stated further that the presence of the Freedom Group, Inc., is believed to have had a positive impact on the North Tamiami Trail area; that an offer was made to purchase any home on 13th and 14th street between U.S. 41 and Cocoanut Avenue at market value to develop housing to accommodate a number of people who would like to move into the surrounding area; that no property owners have accepted the offer to purchase their homes; that the situation would have been different a few years ago. Attorney Bailey stated that the petitioner has agreed to pay all costs associated with installation of a traffic signal at the intersection of Imperial Drive and U.S. 41 if traffic warrants to justify the signal can be established with the FDOT; that the petitioner proposes to act as an advocate of the traffic abatement measure with the assistance of the City and residents. Attorney Bailey continued that a special exception would not be required to construct a building 155 feet in height on the property under the current zoning as the WFR-B Zone District where the height requirement is calculated as 125 feet plus 30 feet for underneath parking; that the petitioner is seeking a special exception to increase the height in the RMF-5 Zone District to 150 feet, calculated as 140 feet with 10 feet for underneath parking; that the lot coverage will be less than would be permitted to construct buildings of a lower height in the RMF-5 zone district. Attorney Bailey further stated that the issue of density is not relevant as the proposed density could be accommodated without the special exception for height; however, tall slender buildings will cover less of the lot than lower buildings spread out across the horizon and provide more space for stormwater retention; that the project will be more appealing to the neighborhood than for example, a 500-room hotel currently permitted under the existing WFR-B Zone District. The Commission recessed at 8:20 p.m. and reconvened at 8:32 p.m. Mayor Pillot opened the public hearing. The following people came before the Commission: Yvonne D'Ambrose, 1100 Imperial Drive (34236), stated that she is a resident of Bays Bluff Condominium; that the proposed Sarasota Bay Club will be magnificent and a wonderful addition to the City; however, the loss of identify of the Bays Bluff Condominium is a concern; that a small identification sign currently exists; that the developer will hopefully concede to provide some sort of identification signage for visitors to Bays Bluff Condominiums. Ms. D'Ambrose continued that Whitaker Gateway Park is beautiful; however, a considerable amount of traffic will be generated by families with children coming in and out of the Park in addition to the new residents of the Sarasota Bay Club; that the developer may not be responsible for addressing the potential traffic problem; however, the City should be concerned with the welfare of children; that most City parks are booked three years in advance for special events. Ms. D'Ambrose further stated that the security of Bays Bluffs Condominium residents is a concern; that a break-in of her first-floor unit has already been attempted; that additional protection will be required if the City installs a bicycle/pedestrian path across the front of the Bays Bluff Condominium property; that the well-being of first floor residents may be jeopardized and protection after dark required. Commissioner Merrill stated that a proposal has been made to build a boardwalk out on the water to avoid the problem of people BOOK 43 Page 16076 01/20/98 6:00 P.M. BOOK 43 Page 16077 01/20/98 6:00 P.M. walking on Bays Bluff Condominium property; that the Commission will consider the security issue to ensure the proposed Dicycle/pedestrian path will not become a hazard to nearby residents. Joan Weber, 1100 Imperial Drive, #406 (34236), stated that she has lived in Sarasota since 1944 and currently resides in the Bays Bluff Condominium; that the residents first heard about the proposed Sarasota Bay Club last year; that a letter signed by Mr. Roskamp and distributed in mailboxes yesterday was the first time the residents were apprised regarding the details of the proposed development; that the residents of Bays Bluff Condominium are 47 independent taxpayers who need to speak for themselves; that the letter is not addressed to individual residents but to one person in the building; that Mr. Roskamp has been negligent in not informing the residents regarding the plans. Commissioner Cardamone asked the content of the letter? Ms. Weber stated that the letter indicates the developer's plans to reconfigure the entrance drive to the Bay Bluffs Condominium. Mayor Pillot stated that a response from Mr. Roskamp can be expected; however, four meetings with representatives of the Bays Bluffs Condominiums have occurred. Ted Rovinski, 100 Imperial Drive (34236), stated that he has been a resident of Bays Bluff Condominium for eight years; that he was a former consultant for the New York State Health Department, monitoring nursing homes and hospitals for the State and Federal Government; that the letter received in his mailbox yesterday was the first time any indication was received regarding the extent of the cooperation of the Bays Bluffs Condominium with Mr. Roskamp and his phalanx of advisors; that progress is not opposed; however, overwhelming traffic problems can be expected with the addition of the proposed Ritz-Carlton Hotel, the Renaissance of Sarasota project, approximately 250 adult-care units, and a 60-bed nursing facility; that auxiliary personnel such as dietary, housekeeping, medical, nursing, and emergency ambulance staff will create a tremendous traffic problem which should be considered by the Commission. Mr. Rovinski continued that clarification is required regarding street signage for the proposed gated entrance to Bays Bluff Condominium; that an increase in the number of guest parking spaces for Bays Bluffs Condominium and a new and improved turning radius for service trucks require further clarification. Robert MacKnight, 1100 Imperial Drive (34236) Vice President of the Bays Bluffs Owners Association, Inc., stated that the Board of Directors of Bays Bluff Condominium went on record at the PBLP meeting as strongly in favor of the proposed development; that all problems cannot be resolved overnight; that an incredible job of cleaning up the North Tamiami Trail area has been achieved to the credit of Mr. Roskamp; that the project is enthusiastically supported. Ron Streibich, 2503 Davis Boulevard (34237), stated that he has lived in Sarasota for 27 years, served on many committees and boards, and had many opportunities to work with transportation and traffic issues; that the Commission is encouraged to do whatever is necessary to direct focus to the FDOT to ensure the traffic signal proffered by the developer is installed before traffic problems begin; that Mr. Roskamp's generosity is quite unusual; that' getting children in and out of Whitaker Gateway Park safely is a primary concern; that a right-turn, through lane should be developed; that 14th Street should be realigned to ensure entry across U.S. 41 into Imperial Drive is straightforward; that on a Sunday morning, 250 families from Sarasota Bay Club and 47 families from Bay Bluffs Condominium could all be driving to church at the same time; that the Commission is requested to direct the Engineering Department to determine the FDOT's willingness to allow the traffic signal; that ingress and egress is limited for emergency vehicles which should be provided sufficient turning radius. Mr. Streibich continued that no outdoor recreational activities such as tennis courts were shown on the site and development plan; that outdoor activities should be allowed; that the Bicycle/pedestrian path proposed should be reviewed to ensure that no child is endangered and security is assured. General Rolland Heiser, 4104 Los Palmas Way (34238), President of New College Foundation and Chairman of Gateway 2000 Executive Committee, and Dr. Arland Christ-Janer, 4372 Camino Madera (34238) President- - Emeritus of the Ringling School of Art and Design and Member of Gateway 2000. General Heiser stated that he and Dr. Christ-Janer have actively supported the proposed Sarasota Bay Club; that the Gateway 2000 Executive Committee has reviewed and endorsed the proposed development including building heights of 11 stories over a ground-floor garage, 250 units of independent living, at least 50 beds of assisted living facilities, entry to the project via Imperial Drive, a traffic signal at 14th Street, and any other exceptions necessary to bring the project to reality; that Mr. Roskamp's sensitivity and integrity are also endorsed; that Mr. Roskamp has met with government officials, local resident groups, and surrounding neighborhood and condominium associations; that his management team is playing an active, leadership role in the North Trail Association; that Mr. Roskamp has already expended considerable resources to purchase and demolish two eyesore motels on the east side of North Tamiami Trail and to purchase and refurbish the New York Carpet World structure; that the BOOK 43 Page 16078 01/20/98 6:00 P.M. BOOK 43 Page 16079 01/20/98 6:00 P.M. Gateway 2000 Executive Committee recommends approval of the zoning exceptions requested this evening. Dr. Christ-Janer stated that the comments made by General Heiser are supported; that over 100 long-term jobs will be created by the proposed development project; that Mr. Roskamp will offer training programs in advance of completion of the project to enable the training of neighborhood residents who wish to find employment within the complex; that many neighborhoods in the north end of the City have high unemployment; that employment programs proposed by Mr. Roskamp will help people find job opportunities in their own neighborhood; that Mr. Roskamp is a trustee of the Ringling School of Art and Design and has created Roskamp Center; that 10 years ago, Gateway 2000 had a vision that someone would do something magnificent to catalyze enhancement of the north end of the City; that the Commission is urged to support the proposed development. Dolores Volpe, 1100 Imperial Drive (34236), stated that Mr. Roskamp has been extremely open and cooperative; that the letter discussed earlier was written and appropriately sent to Carl Franklin, Board President who represents the Bays Bluff Owners Association; and read the following letter from Mr. Roskamp: Dear Mr. Franklin: Pursuant to discussions with the Bays Bluff owners, the undersigned owner and developer of Sarasota Bay Club agrees to comply with the deeded rights contained in the Gold Dome Agreement previously signed. Ms. Volpe stated that the Gold Dome agreement was signed many years ago regarding a development which caused concerns regarding ingress and egress; and continued reading the letter. Furthermore, we will abide by the promises enumerated including: street signage for Bays Bluff; Ms. Volpe stated that signage has been discussed and a decision made that Imperial Drive will retain its name; and continued reading the letter. Relocation of existing well or installation of a new well or connection to the City of Sarasota graywater if desired by the owners; A gated entry into Bays Bluff; Increase in the number of guest parking spaces for Bays Bluff Condominium; Ms. Volpe stated that four or five parking spaces were eliminated in the original site plan; however, Mr. Roskamp has agreed to provide the guest parking spaces; and continued reading the letter. A new and improved turning radius for the service trucks of Bay Bluffs; Ms. Volpe stated that the existing arrangement is extremely inconvenient as trucks must back away rather than turn around when garbage is picked up; and continued reading the letter. These items and others will be performed subject to reasonable negotiation and in a spirit of cooperation with Bays Bluff owners. Ms. Volpe stated that the residents cannot ask for anything more; that the project should proceed not with confrontation but with cooperation. Kafi Benz, Box 1669 (34270), stated that she is a member of Gateway 2000 in which she represents the Uplands Association of which she is President and is a Director of the Indian Beach/Sapphire Shores Association which she represents in the North Trail Association; that the proposed project will greatly benefit the community; that Mr. Roskamp patiently laid out the plans in great detail at a meeting of the Indian Beach/Sapphire Shores Neighborhood Association; that Mr. Roskamp has accommodated many different wishes, is seen as a benefactor to the community, and has an incredible vision for the future of the entire North Tamiami Trail area. Patricia Caswell, Director of the Sarasota County Arts Council, 1523 North Drive (34239), stated that she is a resident of the City and works in Downtown; that Arts Day on Sunday, January 18, 1998, was a gift of the arts to the community; that the Sarasota Bay Club and Mr. Roskamp are also a gift to the community; that Arts Day lasted six hours and included 700 volunteers, over 500 artists, and over 20,000 audience members; however, Mr. Roskamp has offered another kind of gift, one which will last over five years, involve well over 700 artists and 700 volunteers, and affect hundreds of thousands of people; that the Arts Council is embarking on a strategic cultural plan which has not yet been officially announced; that Mr. Roskamp and the Sarasota Bay Club will act as significant partners in the plan. Ms. Caswell continued that over the long run, the Sarasota Bay Club will positively impact far more than the North Tamiami Trail and positively impact the cultural landscape; that the Commission is urged to support the proposed development. Dr. Thomas Linehan, President, Ringling School of Art and Design, 2700 North Tamiami Trail (34234), stated that Mr. Roskamp, as a BOOK 43 Page 16080 01/20/98 6:00 P.M. BOOK 43 Page 16081 01/20/98 6:00 P.M. trustee and major donor to the Ringling School of Art and Design, helped the school purchase property on North Tamiami Trail and completely restore two deteriorating structures, the Tropical Points Motel and an Amoco gas station, into dynamic buildings; that Mr. Roskamp, who voluntarily serves on the Board of Trustees, has been of great assistance each time individual problems arose; that the proposed project will have the same qualities as the project for the Ringling School of Art and Design. Wolf Weinhold, 2560 Fruitville Road (34230), stated that having to criticize an individual who truly has been a benefactor to the community is embarrassing; however, the issue should not be whether Mr. Roskamp has contributed a great deal to the community but the appropriateness of the site for the proposed project and whether a rezoning should be approved; that the WFR-B Zone District property is beautiful and would help North Tamiami Trail revitalization; however, three sites more appropriate for retirement units exist within a three-mile radius, one on Fruitville Road providing over 100 units, another on Beneva Road with 400 units, and Proctor Road with 200 units, all currently zoned for adult living facilities; that the subject site has been designated as a WFR-B Zone District to drive redevelopment and revitalization of the Cityi that instead, a nursing home will be built on the most prime waterfront property in 30 miles of coastline from Tampa Bay South to Boca Grande. Mr. Weinhold continued that the site and development plan has been done well; however, over half the property is paved over; that an extra layer of parking should be placed underneath the building to free up almost 200 parking spaces and two acres of ground; that open, green space should not be unnecessarily paved over; that the stormwater on the property will be draining into the new Whitaker Gateway Park and the Bays Bluff Condominium; that the amount of traffic generation from this project and other proposed projects along U.S. 41 is a problem; that the Commission should request a 12-foot easement along U.S. 41 rather than a Dicycle/pedestrian path along the waterfront as construction of another vehicle lane on U.S. 41 would resolve traffic congestion problems; that he is an avid bicyclist and runner; however, few people are expected to use the Bicycle/pedeatrian path; that thousands of vehicles travel U.S. 41 every day; that Mr. Roskamp is a valuable member of the community and is sincerely trying to do the right thing for the community; however, the subject site may not be the appropriate location for the proposed development. Paul Thorpe, Executive Director of the Downtown Association of Sarasota, 1818 Main Street (34236), stated that the Downtown Association supports the proposed Sarasota Bay Club which achieves many of the City's goals: To be a safe place for people Mr. Thorpe stated that the property has been vacant for a long time; that different proposals have been presented and not developed; that the property has been a haven for derelicts; that police officers are required daily to remove people sleeping near the waterfront; that the proposed development will bring people to the property and create a welcome entrance to the City. To have viable neighborhoods working together as a community Mr. Thorpe stated that homeowners on 13th and 14th Street have declined the developer's offer to purchase their properties at market value; that the area is becoming a true neighborhood; that Whitaker Gateway Park adds ambiance to the neighborhood; that children are playing in the Park and the proposed development will be a great asset to the Bay Bluffs Condominium residents. To be an attractive, clean, and aesthetically pleasing City Mr. Thorpe stated that the proposed building is modeled on the Ritz-Carlton Hotel in Naples; that hopefully, the Ritz-Carlton Hotel in the City will be a beautiful addition to the area; that the proposed development is appropriate for the waterfront; that future residents may include some of this evening's public speakers. To be a financially responsible City government providing high-quality services and infrastructure Mr. Thorpe stated that the proposed development will help the City achieve financial vitality by providing jobs and expanding the tax base. Diane Petersen, 1100 Imperial Drive, #408 (34236), stated that she is a resident at Bays Bluff Condominium and attended a meeting at which the proposed development was explained by Mr. Roskamp who listened to concerns from Bays Bluff Condominium residents; that at a residents' meeting yesterday, several owners reported they were unaware of Mr. Roskamp's intentions; that the President of the Owner's Association apologized for any lack of communication and requested something in writing from Mr. Roskamp to deliver to the residents; that a communication problem may have existed within the condominium; however, Mr. Roskamp has been available and willingly answered questions. Robert Peterson, 1100 Imperial Drive, #408 (34236), stated that the project is supported; however, turning left from northbound U.S. 41 into Imperial Drive is extremely difficult; that the leaders of the City are commended for developing Whitaker Gate Park used by many young people fishing and skateboarding; that traffic issues must be resolved by the Commission with the BOOK 43 Page 16082 01/20/98 6:00 P.M. BOOK 43 Page 16083 01/20/98 6:00 P.M. cooperation of Mr. Roskamp; that a developer of his integrity and caliber is impressive; that Mr. Roskamp has met with the Board of Directors of Bays Bluff Condominium and the leaders of many civic associations; that the project is supported. Commissioner Cardamone asked if Mr. Petersen will go on record supporting a traffic signal at the intersections of U.S. 41 and Imperial Drive and U.S. 41 and Fourteenth Street? Mr. Petersen stated that he is strongly in support of a traffic signal. Glenda Mock, Executive Director of the North Trail Association. 1701 North Tamiami Trail (34234), stated that Mr. Roskamp is welcomed as a neighbor; that no doubts or problems exist regarding the proposed development; that she is also a member of Gateway 2000 which supports the proposed project enthusiastically. J.R. Vanlienden, 1322 North Tamiami Trail (34236), stated that he supports the proposed development including the special exception for height; that his property is located directly across from the subject property; that the alignment of the buildings will not block the view of the waterfront; that the installation of a traffic signal at the entrance of the proposed project is supported; that traffic problems are created by vehicles traveling from Bays Bluffs Condominium and Whitaker Gateway Park; that a traffic signal would greatly improve the safety of vehicles on U.S. 41 as well as condominium residents and visitors to the Park; that the proposed development is supported. Rose Korb, 1100 Imperial Drive (34236), stated that the density of the population and sewage treatment are concerns; and asked if the Bay will become polluted. Mayor Pillot stated that the Sarasota Bay Club will be connected into the City's sewage system; that a more detailed answer will be provided by the developer or Staff. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Attorney Bailey and Mr. Roskamp returned to the Commission table. Mr. Roskamp stated that many of the residents' concerns were addressed in the letter to Mr. Franklin, the President of the Bays Bluff Owners Association; that the letter is believed to be the appropriate response to those concerns; that he fully favors installing the traffic signal to enhance further the development of the areas east and west of U.S. 41; that the Freedom Group, Inc., will pay in full for installation of the traffic signal. Mr. Roskamp continued that a life-estate condominium ranging in price from $250,000 to $600,000 per unit will be developed; that although long-term care will be provided, the residents of the proposed community, many of whom already live within a 10 or 12 mile radius, will be an asset to the community; that many will patronize the arts and cultural organizations in the immediate area and take an active part in neighborhood issues; that development of a life-estate condominium for local residents who deserve to live in the best location in town is preferable to development of a hotel for people from out-of-town who would use local services and leave; that a sufficient number of hotel rooms will be developed on the North Tamiami Trail; that the proposed development is the highest and best use of the property. Mr. Roskamp further stated that the Freedom Group, Inc., is a development firm with local roots and a participant in making the world a better place; that not everyone can be expected to be happy; however, he will try to his best ability to satisfy most people and make the area in and around 14th Street a better place for everyone. Attorney Bailey stated that a question regarding the identification sign for the Bays Bluff Condominium was raised. Mr. Roskamp stated that one of the residents read into the record that an identification sign will be provided by the developer as a condition of approval. Attorney Bailey stated that a commitment has been made to provide the identification sign for the condominiums; that a security concern relating to the bicycle/pedestrian path exists; however, roving security guards making rounds on the property will be provided; that the level of security in the area will be enhanced. Attorney Bailey continued that the PBLP minutes indicate the proposed project meets traffic concurrency; that the level of service "C" will be maintained; that the adopted level of service is "D"; that hopefully, the current traffic problems will be improved by the proposed reconfigured access drive. Attorney Bailey further stated that parking underneath the buildings will be developed; that one speaker had suggested that too much lot coverage was proposed; however, the development is at 52 percent lot coverage even though the Zoning Code allows 65 percent; that reference to density was made; that the existing WFR-B Zone District allows development of a 500-room hotel which would generate far more intense activities than life-estate condominiums. Commissioner Patterson stated that the resolution adopted by the PBLP stipulates a maximum height of 140 feet, with the special BOOK 43 Page 16084 01/20/98 6:00 P.M. BOOK 43 Page 16085 01/20/98 6:00 P.M. exception conditioned on the site plan as presented; that the petition is for 140 feet plus 10 feet of parking under the building. Attorney Bailey stated that Staff clarified the matter at the PBLP hearing and indicated the first 10 feet would not count toward the 140 feet required for the apartment building; that 140 feet of building height over 10 feet of underneath parking would be provided; that the structure will be 150 feet in height. Commissioner Patterson stated that some confusion may result due to the stipulation in the PBLP recommendation to approve 140 feet in height. Attorney Bailey stated that the petitioner and the PBLP were both concerned regarding the height stipulation; however, the stipulation may be better explained by Mr. Litchet; that the language would be a concern to the petitioner if the Commission is not satisfied an additional 10 feet of underneath parking will be allowed by the 140-foot stipulation. Mr. Roskamp stated that the height of the property is 15 feet above flood stage; that the parking will be located within the Federal Emergency Management Agency (FEMA) flood zone. Attorney Bailey stated that the grade of the property changes from west to east; that an incline exists. Mr. Litchet returned to the Commission table and stated that the height in the FEMA flood zone is measured from the required FEMA elevation; that in this case, the height of the building will be measured from the FEMA elevation of 13 feet as required in that zone district; that the developer is able to build 140 feet above the FEMA elevation; that a total of 153 feet in actual height from grade would be permitted. Attorney Bailey stated that the FEMA elevation would remain constant; that the grade rather than the flood zone increases from west to east on the property. Mr. Litchet stated that the elevation plans for the property will be researched and a detailed answer returned shortly. Commissioner Patterson stated that a detailed answer is not required; that the record should show 140 feet in height in addition to 10 feet for parking underneath the building will be approved. Attorney Bailey stated that the FEMA flood zone is measured from sea level rather than grade level. Vice Mayor Dupree stated that a public speaker made the suggestion that an easement allowing the construction of an additional lane on U.S. 41 would be more beneficial than a 12-foot easement along the waterfront for a bicycle/pedestrian path. Mr. Roskamp stated that the private property line could be set back an additional 15 feet from U.S. 41 and the Bicycle/pedestrian path eliminated; that a great deal of property exists along the frontage and a beautifully landscaped, eight - foot meandering sidewalk will be installed; that moving the entire project back 10 feet would cause no problem as long as the proposed development does not lose any other considerations. Vice Mayor Dupree asked the height of the proposed fence? Mr. Roskamp stated that the proposed fence will be seven feet in height and constructed of aluminum and stone columns to provide a visually open effect. Attorney Bailey stated that an eight-foot sidewalk can be accommodated; that future right-of-way requirements should be determined; that no problem exists in providing the rights-of-way if needed in the future; however, the petitioner should not be expected to provide public right-of-way if other property owners along U.S. 41 are not expected to do the same. Mr. Daughters returned to the Commission table and stated that the proposed development will not affect the water quality of the Bay; that wastewater from the proposed project will be transported by underground pipes to the City's sewage treatment plant and stormwater treated in a retention pond and discharged into the Bay. Commissioner Cardamone stated that wastewater from the Sarasota Bay Club and the Bays Bluff Condominiums will be transported in the same way. Mr. Daughters stated that the alignment of Imperial Drive to 14th Street across U.S. 41 is slightly askew but not significantly SO; that an additional right-turn, through lane will be installed on the south side of Imperial Drive. Mr. Daughters continued that U.S. 41 is a State highway; that the FDOT has final approval as to whether or not a traffic signal would be allowed; that the FDOT utilizes the nationally recognized Manual on Uniform Traffic Control Devices which sets forth warrants or criteria to justify installation of traffic signals; that the volume of traffic on U.S. 41 versus the volume generated by neighborhood roads, the number and degree of accidents, and the number of pedestrians are included in the criteria; that the traffic volume predicted from the Sarasota Bay BOOK 43 Page 16086 01/20/98 6:00 P.M. BOOK 43 Page 16087 01/20/98 6:00 P.M. Club, Whitaker Gateway Park, and Bays Bluffs Condominiums is a relatively small amount. Mr. Daughters further stated that additionally, the Commission and the public should be aware that the level of service or functionality of a through road is reduced by the installation of additional traffic signals; that the addition of a traffic signal at the intersections of Imperial Drive and 14th Street with U.S. 41 will likely affect the level of service for U.S. 41; that at the request of the developer, the warrant analysis has been initiated by the same firm utilized by the City for the traffic study and should be completed in a few weeks. City Manager Sollenberger requested clarification regarding the alignment of the turn lanes. Mr. Daughters stated that Imperial Drive is slightly out of alignment with 14th Street located across U.S. 41; that no serious traffic engineering concerns exist; that installation of a right-turn, through lane on the south side of Imperial Drive is recommended; that the existing lane will be used as a left-turn, and straight, through lane onto U.S. 41; that the traffic study developed by the firm of Dames and Moore, indicates only a small amount of traffic is expected to travel from Imperial Drive across U.S. 41 to 14th Street. Commissioner Cardamone requested clarification regarding the lowering of the level of service on U.S. 41 if a traffic signal is installed. Mr. Daughters stated that the level of service is automatically lowered when an additional traffic signal is installed on a major roadway; that the degree to which the level of service is reduced can be measured only after installation of the traffic signal; that a comparison can be made between Fruitville Road between U.S. 301 and U.S. 41 versus the upper ranges of the North Tamiami Trail where no traffic signals exist; that traffic on U.S. 41 flows better absent traffic signals. Commissioner Cardamone stated that the traffic flow of the North Tamiami Trail should be considered; that a traffic corridor study will be required for other developments proposed in the area. Mr. Daughters stated that the traffic signal at the intersection of Imperial Drive and 14th Street may not meet FDOT requirements for traffic warrants. Commissioner Cardamone stated that the public should not believe the traffic signal will be automatically installed; that far more than the through traffic on Imperial Drive must be considered. Mr. Daughters stated that an extremely small chance exists that the proposed traffic signal will meet the criteria of a traffic warrant analysis; that the Sarasota Bay Club is relatively small compared to Oakwood Mobile Home Park on Fruitville Road which has tried and failed for several years to meet the traffic warrant analysis. Commissioner Merrill asked the total volume estimated at the intersection of Imperial Drive and U.S. 41? Mr. Daughters stated that the firm of Dames and Moore estimated 68 peak hour trips and 475 daily trips in and outbound. Commissioner Merrill asked if the figures are considered high or low volume? Mr. Daughters stated that is a relatively low volume. Commissioner Patterson asked if Whitaker Gateway Park will be used for special events? City Manager Sollenberger stated that Whitaker Gateway Park may be used for small group picnics; however, no special events such as the Taste of Sarasota would be permitted; that a limited amount of people can be accommodated as only 50 parking spaces are available in the Park. Mr. Litchet returned to the Commission table and stated that the petitioner is requesting a building height of 140 feet plus 10 feet for the underground parking garage; that the entire structure built from the existing grade will be a true 150 feet in height due to the 15-foot elevation required by FEMA in that flood zone; that the resolution should include language specifying either a building height of 140 feet over a parking garage of 10 fèet or 150 feet in total height from grade. City Auditor and Clerk Robinson distributed new revised language to replace Condition Number Eight on page 5 of proposed Ordinance No. 98-4038 and entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A, D, F, H, J & M and City of Sarasota local amendments The agenda packet and minutes of the December 3, 1997, PBLP meeting All documentary evidence submitted at the December 3, 1997, PBLP public hearing Site and Development Plan Petition No. 97-PSD-27, Application for Conditional Rezoning Petition BOOK 43 Page 16088 01/20/98 6:00 P.M. BOOK 43 Page 16089 01/20/98 6:00 P.M. No. 97-C0-16, Special Exception 97-SE-15 submitted by the Petitioner The resolution of the PBLP dated December 3, 1997 for Petition No. 97-SE-15 City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4038 by title only. City Attorney Taylor stated that the proffer by the petitioner to install an eight-foot rather than four-foot sidewalk should be included; that all other conditions are included in proposed Ordinance No. 98-4038. Commissioner Patterson asked if the motion should include the proffer to provide the following: 1) waterfront access at the north and south ends of the subject property to allow the ability to construct bridges from the land over the water to the bicycle/pedestrian path, 2) identification signage for Bays Bluff Condominium, 3) confirmation that the number of guest parking spaces for the existing condominium will not be reduced, and 4) installation of an eight-foot sidewalk along the U.S. 41 frontage? Sarah Schenk, City Attorney's Office, came before the Commission and stated that Condition Number Eight is being revised due to a previously incorrect understanding that traffic warrants were required before a right-turn, through lane could be installed at the entrance to Whitaker Gateway Park; that on advice of the Engineering Department, the revised language indicates that traffic warrants will not be required; that the petitioner has proffered the condition that road improvements will be constructed prior to issuance of the certificate of occupancy for Phase I; that the developer's proffer to install an eight-foot sidewalk along the eastern boundary of the property fronting on U.S. 41 should be stipulated in the motion. Commissioner Patterson asked if the easement to provide waterfront access to the Bicycle/pedestrian path and other stipulations offered to Bays Bluff Condominium should be included in the motion or if the statement made on record will be sufficient? Attorney Schenk stated that the proffer of the waterfront easement and other stipulations made on the record should be sufficient; that language relating to the easement will be presented at second reading. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to approve Ordinance No. 98-4038 as modified to include revised Condition Number Eight on page 5 of the proposed ordinance and the stipulation that the sidewalk installed on the eastern boundary of the subject property fronting on U.S. 41 will be eight feet in width. Commissioner Patterson stated that she has had ex parte communication with Mr. Roskamp and Joan Weber and Philip Des Marais, residents of Bays Bluffs Condominium; that resident concerns regarding identification signage for Bays Bluff Condominium on U.S. 41 have been satisfied by the letter from Mr. Roskamp to Mr. Franklin, President of the Bays Bluff Owners Association clarifying the proffer to meet the residents' parking needs. Commissioner Patterson continued that the proposed Sarasota Bay Club is a positive project; that the requested height is already permitted in the current zoning; that Mr. Roskamp has offered enormously positive proffers to the public and the Bays Bluff Condominium residents; that the proposed development project is supported. Commissioner Merrill stated that the City desires to install a Dicycle/pedestrian path to connect Downtown to the University of South Florida (USF) /New College; that Mr. Roskamp's willingness to provide an easement allowing construction of bridges from his property over the water to a boardwalk for the bicycle/pedestrian path is exciting; that security and safety concerns will be addressed by the City with lighting and possible limitations on hours of use. Commissioner Merrill continued that a few years ago, the issue of a nursing home being the best and highest use of prime property was raised regarding the proposed development of a nursing home on the John Ringling Towers property; that the petitioner has presented the position that people who are currently local residents rather than people from out-of-town will eventually comprise the primary population of the proposed facilities; that local residents will be able to fulfill their remaining years in a beautiful facility; that Plymouth Harbor was the last life-estate complex built in the City core. Commissioner Merrill further stated that in the past, the Commission made a tough decision not to six-lane U.S. 301 through the City; that a four-lane congested road is better than a six-lane congested road; that U.S. 41 should remain a four-lane roadway; that the community will be protected by traffic concurrency requirements limiting future density in private developments; that the residents of Bays Bluff Condominium would have far greater difficulty turning onto a six-laned U.S. 41 than the existing four-lane roadway; that the Sarasota Bay Club is a BOOK 43 Page 16090 01/20/98 6:00 P.M. BOOK 43 Page 16091 01/20/98 6:00 P.M. highly positive facility; that appreciation is expressed to Mr. Roskamp. Commissioner Cardamone stated that the Sarasota Bay Club is not a nursing home project but rather a life-estate apartment complex; that the proposed project is an excellent use of a property which has remained an eyesore for a number of years; that a project of this magnitude will generate property taxes and a catalyst for community involvement. Commissioner Cardamone continued that she has had a minor amount of ex parte communication with Dr. Christ-Janer. Vice Mayor Dupree stated that most of the public speakers addressed the proposed project in glowing terms; that Mr. Roskamp is concerned with helping redevelopment throughout the northern sections of Sarasota; and asked if the security issue has been addressed? Mayor Pillot stated that the security issue was addressed by Attorney Bailey. Commissioner Cardamone stated that the grounds of the property will be protected by roving security personnel. Mayor Pillot stated that during a telephone conversation regarding a number of subjects, Dr. Christ-Janer mentioned that he would be supporting the Sarasota Bay Club during the public hearing; that the conversation may not constitute ex parte communication; that he met Mr. Roskamp long before any specifics of the proposed project were developed. Commissioner Patterson stated that she also had a conversation with Dr. Christ-Janer who is neither a neighbor or the petitioner; and asked if that is considered ex parte communication? City Attorney Taylor stated that such conversations are not considered ex parte communication. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to approve Ordinance No. 98-4038 modified to include revised Condition Number Eight on page 5 and the stipulation that the sidewalk installed on the eastern boundary of the subject property fronting on U.S. 41 will be eight feet in width. Motion carried unanimously (5 to 0): Patterson, yesi Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. Commissioner Cardamone asked if the motion to approve the special exception should include the height of 140 feet above a 10-foot parking garage? City Attorney Taylor stated yes; that the PBLP recommendation can be modified by the Commission for clarification. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Special Exception Petition No. 97-SE-15 modifying the PBLP's recommendation to exceed the maximum height limitation as 140 feet above a 10-foot parking facility. Commissioner Patterson stated that Lou Ann Palmer, Vice Chairman of the PBLP has indicated the PBLP stipulation makes the special exception for height conditional on the site and development plan; that substantive revisions to the existing site plan would require further PBLP and Commission review. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4040, TO VACATE A PORTION OF AN EXISTING ALLEY AND TO RELOCATE AND REALIGN THAT PORTION OF THE VACATED ALLEY TO THE EAST OF AND ADJACENT TO ITS PRESENT LOCATION; SAID ALLEY LIES ON THE NORTH SIDE OF TENTH STREET APPROXIMATELY 135 FEET EAST OF NORTH TAMIAMI TRAIL; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) - PASSED ON FIRST READING AND 11. PROPOSED SPECIAL EXCEPTION NO. 98-SE-01 TO PERMIT AN AUTOMOTIVE SERVICE STATION AND ACCESSORY FUEL PUMPS IN THE NORTH TRAIL (NT) ZONE DISTRICT ON THE PROPERTY LOCATED AT THE INTERSECTION OF TENTH STREET AND NORTH TAMIAMI TRAIL, WITH A STREET ADDRESS OF 1012 NORTH TAMIAMI TRAIL; AS MORE PARTICULARLY DESCRIBE IN SAID SPECIAL EXCEPTION APPLICATION, ETC. (PETITION NOS. 98-SV-01 & 98-SE-01, PETITIONER MR. TIMOTHY J. BAUER, PRESIDENT, PROGRESSIVE DEVELOPMENT GROUP) - APPROVED ON THE CONDITION THAT NO FUEL TANKERS OR COMMERCIAL VEHICLES SPECIFICALLY SERVICING THE SUBJECT PROPERTY EXCEPTING CITY GARBAGE TRUCKS BE PERMITTED TO TRAVEL THE NORTH/SOUTH SEGMENT OF THE ALLEY (AGENDA ITEM IV-3) #3 (1265) through (2031) Jane Robinson, Director of Planning and Development, displayed on the overhead projector a zoning/subdivision map of the proposed BOOK 43 Page 16092 01/20/98 6:00 P.M. BOOK 43 Page 16093 01/20/98 6:00 P.M. project, and came before the Commission and stated that this is a request to vacate and realign the alley running north and south between Oregon Court and North Tamiami Trail and permit an automotive service station and fuel pumps at 1012 North Tamiami Trail in the North Trail (NT) Zone District; that the Planning Board/Local Planning Agency (PBLP) found proposed Street Vacation Petition No. 98-SV-01 not detrimental to the public and recommended approval subject to the following provisions: 1. Utility easement in favor of Florida Power and Light Company (FPL) prior to second reading of the Street Vacation Ordinance; 2. Warranty deed in favor of the City for public right-of-way purposes; 3. Relocation of the alley with the expense of design and construction borne by the petitioner; 4. Easement in favor of the City for public right-of-way purposes over the vacated public right-of-way;, 5. Utility easement in favor of the City providing for the operation and maintenance of existing sanitary sewer and potable eater facilities within the vacated public right-of-way; and 6. Prohibition of fuel tankers or other commercial vehicles other than City garbage trucks from the north/south segment of the adjacent alley. Ms. Robinson stated that the PBLP found proposed Special Exception Petition No. 98-SE-01 consistent with the Sarasota City Plan and adopted a resolution granting approval subject to the above listed conditions. Timothy Bauer, President, and Penny Rosi, Senior Research Technician. Progressive Development Group, representing Marathon Oil Company, came before the Commission. Ms. Rosi stated that the Marathon Oil Company site at 1012 North Tamiami Drive is currently called Speedway/Starvin' Marvin; that the Commission is requested to approve the vacation of the alley which bisects the property owned by Marathon Oil Company and a special exception to permit the use of an automobile service station with accessory fuel pumps; that the alley will be realigned, a new convenience store developed, and six gasoline pumps located under a new canopy; that the four parcels owned by Marathon Oil Company at the rear of the property bordering on Oregon Court and 10th Street are currently a vacant lot; that. the PBLP unanimously recommended approval; that several concerns regarding the legal language in the proposed vacation ordinance have been discussed with the City Attorney. Ms. Rosi continued that one condition placed on the vacation may be more appropriately attached to the special exception; that the PBLP approved the vacation on the condition that no fuel tankers or commercial vehicles servicing the subject property excepting City garbage trucks be permitted to travel the north/south segment of the alley; that the alley will be realigned to the east. Commissioner Cardamone left the Commission Chambers at 10:10 p.m. Mr. Rosi further stated that the property is located on North Tamiami Trail; that a letter from a resident of a rental building on Oregon Court included a list of problems in December 1997 and early January 1998 including homeless men sleeping in the vacant lot, loitering near the dumpster, illegal parking, and possible drug-related activities; that the Progressive Development Group has consulted with Crime Prevention through Environmental Design (CEPTD) personnel employed by the City. Ms. Rosi stated further that a dense planting will be incorporated on the alley side of the store to eliminate access between the store and the alley; that Martha Horton, Sarasota County Planner, and the Co-operative Extension Services of Sarasota County were consulted regarding the choice of materials; that Chinese Holly, a dense foliage which grows in shade will be planted on the side of the store abutting the alley to prohibit any movement from the front of the store into the alley; that the front will be the only access to the store for pedestrians; that CEPTD required location of public telephones along the U.S. 41 frontage rather than on the side parking lot and recommended against installation of a fence in an area where loitering is prevalent; that trees and a border of low shrubbery will be planted as a buffer and lighting installed throughout the site; that an open, well-lighted public space with visibility from 10th Street will be developed; that the Marathon Oil Company is required to participate in the trespass enforcement program. Commissioner Merrill asked if the retention pond will be surrounded by a fence? Mr. Bauer stated noi that although a guard rail is located on the street side of the retention pond, no fence will be installed. Vice Mayor Dupree asked if the existing alley requested for vacation is located in the rear of the existing facility? Ms. Rosi stated yes. Commissioner Cardamone returned to the Commission Chambers at 10:15 p.m. Mayor Pillot opened the public hearing. BOOK 43 Page 16094 01/20/98 6:00 P.M. BOOK 43 Page 16095 01/20/98 6:00 P.M. The following people came before the Commission: Wolf Weinhold, 2560 Fruitville Road (34230), was no longer in the Commission Chambers. Carolyn Hausmann, 1044 North Tamiami Trail (34231), stated that she is the property owner to the immediate north of the proposed renovation by Marathon Oil Company; that the Broadway Bar is the only other business keeping evening hours similar to the gas station; that the realignment of the alley is supported; that the alley currently opens onto 10th Street in a location which allows only a right turn; that customers of other businesses will be provided the opportunity to make both right and left turns onto 10th Street after the alley is realigned; that lighting will be a tremendous improvement; that improvements on her own property may be installed after the renovations by Marathon Oil Company are completed; that she is the closest property owner sharing the alley; that the proposed street vacation and special exception are supported. Charles D. Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz and Getzen, 1500 Ringling Boulevard (34236) representing the Huntinqton National Bank and Trustee of Rawson Trust, 1500 Ringling Boulevard (34236), stated that clarification regarding one of the PBLP conditions is required; that the Rawson Trust owns a parcel located on the west side of Oregon Court and abutting the alley; that the Rawson Trust requested and the petitioner agreed to the stipulation that no fuel tankers or other commercial vehicles excepting City garbage trucks will be permitted to traverse the north/side segment of the adjacent alley to service the subject property; that the intent was not to preclude access to trucks servicing existing businesses which also abut the alley; that the primary concern related to large fuel trucks servicing the proposed, intensified use; that the condition should be attached specifically to the subject property and not to other properties in the area; and asked if the condition should be attached to the vacation or the special exception? City Attorney Taylor stated that fuel tankers servicing the Marathon Oil Company property are the primary concern; that the condition prohibiting fuel tankers access to the north/side segment of the alley should be attached to the special exception; that trucks servicing adjacent businesses will be allowed to use the alley; however, the petitioner shall direct fuel tankers and other commercial vehicles specifically servicing the Marathon Oil Company property to enter the site from 10th Street. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A, D, F, H, J & M and City of Sarasota local amendments The agenda packet and minutes of the December 3, 1997, PBLP meeting All documentary evidence submitted at the December 3, 1997, PBLP public hearing Site and Development Plan Petition No. 98-DPR-A and Application for Special Exception Petition No. 98-SE-01 submitted by the Petitioner The December 3, 1997, PBLP resolution pertaining to Special Exception Petition No. 98-SE-01 City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4040 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 98-4040 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve proposed Special Exception No. 98-SE-01 including the condition that no fuel tankers or commercial vehicles specifically servicing the subject property excepting City garbage trucks be permitted to travel the north/south segment of the alley. Motion carried unanimously (5 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. SCHEDULED PRESENTATION RE: APPEAL OF CITY MANAGER'S DECISION CONCERNING NELLO'S CLOTHING STORE - NO ACTION (AGENDA ITEM V-1) #3 (2033) through (3550) Stephen Rees, Attorney, Law Firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, Joseph Marconi, Owner of Nello's Clothing Store, 332 North Tamiami Trail (34236) and Daniel Bilyeu, came before the Commission. BOOK 43 Page 16096 01/20/98 6:00 P.M. BOOK 43 Page 16097 01/20/98 6:00 P.M. Attorney Rees stated that this is an appeal of a determination by the City Manager to recognize only a portion of costs incurred by the Marconi family in the construction of right-of-way infrastructure improvements relating to the rehabilitation of the North Tamiami Trail building to which Nello's Clothing Store was relocated; that the following documents have been included in the Agenda material: December 8, 1997, letter from Stephen Rees Attorney Rees stated that the letter to the Mayor requested this appeal be placed on the agenda under scheduled presentations. September 9, 1997, letter from Joseph Marconi Attorney Rees stated that the letter to the City Manager explains the basis of the request that the balance of construction costs be reimbursed from Local Option Sales Tax (L.O.S.T.) funds; that Mr. Marconi's letter was accompanied by two important exhibits: Statement of construction costs related to right-of-way improvements undertaken by Nello's Attorney Rees stated that Pride Development Corporation submitted to Mr. Marconi the final construction costs of the right-of-way improvements; that the $11,287 in costs are attributable to infrastructure statutorily recognized for reimbursement out of L.O.S.T. funds; that the $2,067 cost of repaving the alley was recognized as eligible for reimbursement by the Administration; that the legitimacy of the $9,220 balance of Mr. Marconi's reimbursement request has not been recognized. Statement of construction costs related to right-of-way improvements undertaken by the Goodyear Store Attorney Rees stated that the $11,988 in construction costs calculated by Carlson Construction Company were incurred by Roy Smith in relocating the Goodyear Store from the former site in the vicinity of the new Downtown library to the current location at Fourth Street and Lemon Avenue. May 23, 1997, letter from the City Manager Attorney Rees stated that the City Manager recognized the eligibility for reimbursement from L.O.S.T. funds of $2,067 in construction costs to repave the alley. Letter from Daniel Bilyeu Attorney Rees stated that on behalf of Mr. Marconi, Mr. Bilyeu initiated communication with the Administration to request reimbursement consideration from L.O.S.T. funds. Attorney Rees continued that the Commission is requested to compare the Pride Development Corporation list of construction costs incurred by Mr. Marconi and the Carlson Construction Company list of construction costs incurred by Mr. Smith; that in April 1997, he was requested to assist Mr. Marconi and Mr. Bilyeu in the preparation of the Nello's reimbursement request; that the Administration's approval of the Goodyear Store construction costs were studied; that in August 1996, the City Manager wrote a letter to Enterprise National Bank, which provided the financing for the Goodyear Store construction, affirming the City's intent to finance right-of-way infrastructure improvements, and designated $12,000 as payable by the City; that the actual amount was $11,998. Attorney Rees stated that he has advised Mr. Marconi that this is a matter of equity, fairness, and equal treatment among taxpayers and citizens of the community; that the rational basis found to justify the disbursement of L.O.S.T. funds to reimburse project costs should be equally applicable to the Goodyear Store project and the Nello's project; that the statement of construction costs developed by the two contractors indicate the intrastructure improvements developed and construction costs incurred by the two businesses are extremely similar. Attorney Rees distributed a copy. of the approved site and development plan for Nello's including the pre-existing condition of the site and the proposed, now completed, retail store and stated that the Commission is familiar with the condition of the property before and after reconstruction; that the items on the list of construction costs address two areas : 1) Goodyear Store improvements required along Fourth Street, and 2) improvements required in the alley between Nello's and Churchills of London, Ltd, the adjacent property. Attorney Rees continued that the improvements including the sidewalk, curbing, gutters, and stormwater retention areas are located in the public right-of-way and are directly and daily utilized by the general public; that no private incidental benefit has been received by Nello's to the exclusion of public use; that similar public benefits generated by the Goodyear Store at Fourth Street and Lemon Avenue were recognized as having a benefit beyond the benefit of the project; that the use of the public right-of-way, improvements by the community was the rationale and justification for the L.O.S.T. funds reimbursement. Commissioner Merrill asked if the City should have a policy to reimburse the costs of public infrastructure improvements when projects are developed in the redevelopment area in Downtown? BOOK 43 Page 16098 01/20/98 6:00 P.M. BOOK 43 Page 16099 01/20/98 6:00 P.M. Attorney Rees stated no; however, the City adopted a policy that recognition would be provided for projects qualifying for L.O.S.T. reimbursement; that the policy was not clearly redefined to indicate that reimbursement would not apply to projects developed after the Goodyear Store; that his client was led to believe that he could apply and receive consideration for reimbursement; that the client is caught in a revolving door if the City retroactively states that costs incurred for public infrastructure improvements will not be recognized and reimbursement not provided. Attorney Rees continued that the Administration recognized the that $2,067 of the $11,287 in construction costs were eligible for reimbursement from L.O.S.T. funds; that the implication exists that discretion can be exercised in judging the items to which the statute for reimbursement is applicable; that no disrespect is intended towards the Administration's determination to recognize only $2,067 as eligible for reimbursement; however, the Administration did not go far enough to recognize the remaining costs. Commissioner Merrill asked the source of the referenced policy that infrastructure improvements in the redevelopment area will be reimbursed from L.O.S.T. funds? Attorney Rees stated that a verbal representation has been made; that relying on that representation, Mr. Marconi expected treatment similar to that accorded the Goodyear Store relocation. Mr. Bilyeu stated that he was instrumental in relocating the Goodyear Store to Fourth Street and Lemon Avenue; that an attempt was made to qualify for storefront assistance funds; that a request for storefront assistance was submitted to the Department of Housing and Development (HUD) in Jacksonville to provide relief to the Goodyear Store project; however, the project was not entitled to storefront assistance funds because the building was being demolished rather than rehabilitated; that a meeting with the City Manager and Donald Hadsell, Director of Housing and Community Development, was held to determine the availability of assistance from the City; that the City could not provide funding through the storefront assistance program; however, the determination was made that right-of-way improvement costs could be reimbursed from L.0.S.T. funds; that a check for $12,000 came shortly after the closing. Mr. Bilyeu continued that the area eligible for storefront assistance was limited to within one block on each side of Central Avenue; that Mr. Marconi came before the Rosemary District Redevelopment Advisory Board and the Commission with a request to expand the boundaries of the area eligible for storefront assistance funds to include the North Tamiami Trail area; that the Commission denied the request for storefront assistance. Mr. Bilyeu further stated that he determined the parallel nature of many aspects of the Goodyear Store and Nello's projects; that Mr. Marconi took a leap of faith in the costly relocation of Nello's to the North Tamiami Trail area; that he, Mr. Bilyeu, sent a letter to the Administration indicating that the Nello's project correlates exactly with what transpired with the Goodyear Store; that both were redevelopment projects which renovated eyesores into beautiful properties; that he believed Mr. Marconi was entitled to the same treatment afforded Mr. Smith; that the costs for each project were $11,000 plus; that both stores are located on corner properties and both have approximately the same amount of square footage. Commissioner Merrill asked if the existence of a City policy was determined based on the Administration's previous action or did the City Manager state that the City would fund public infrastructure costs relating to projects in the redevelopment area in Downtown. Mr. Bilyeu stated that the City Manager did not state that as a policy; however, the belief was held that the same reimbursement from L.O.S.T. funds for right-of-way improvements provided to the Goodyear Store would be available for a nearly identical project; that the Marconi family made a large investment; that Commissioner Patterson previously indicated that the North Tamiami Trail is redeveloping and the improvements would have been made anywayi however, the property redeveloped by Nello's was offered on the market for an extremely long time with no rehabilitation proposal in sight. Commissioner Merrill asked if the Administration ever indicated that L.0.S.T. funds for right-of-way infrastructure improvements in the Downtown redevelopment area would be provided? Mr. Bilyeu stated no. Vice Mayor Dupree stated that Mr. Smith was informed in advance that the City could assist with infrastructure costs relating to the Goodyear Store; however, no commitment was provided to Mr. Marconi relating to the Nello's project. Mr. Bilyeu stated that the Administration agreed to provide only $2,067 in L.O.S.T. funds to reimburse Mr. Marconi rather than the entire $11,287 in construction costs for right-of-way infrastructure improvements relating to Nello's. Vice Mayor Dupree stated that the improvements related to Nello's were completed prior to submitting the request for reimbursement; and asked if any commitment was provided to Mr. Marconi in advance of construction? BOOK 43 Page 16100 01/20/98 6:00 P.M. BOOK 43 Page 16101 01/20/98 6:00 P.M. Mr. Bilyeu stated no; that he was not involved in the beginning of the Nello's project and became involved only after Nello's was denied funding from the storefront assistance program; that he believed that the same treatment provided to Mr. Smith and the Goodyear Store would be available to Mr. Marconi and Nello's. Vice Mayor Dupree stated that an assumption was made. Mr. Bilyeu stated that is correct. Commissioner Patterson stated that the assistance provided to Mr. Smith for the relocation of the Goodyear Store was related to the Administration's efforts to locate the library in Downtown; that relocation of existing businesses in Downtown was a priority; that the commitment to provide L.O.S.T. funds was not made retroactively. Commissioner Patterson continued that this request appears to indicate a policy should be established by the City to retroactively reimburse every similar redevelopment project in Downtown; that the City has always required developers to provide right-of-way infrastructure improvements; that all records of past projects would have to be researched and projects in the Downtown redevelopment area retroactively reimbursed; and asked if that would be considered equitable? Attorney Rees stated that a policy was established for whatever reasons the Commission wishes to present to legitimize the City's actions; that the policy was established when the Goodyear Store received L.O.S.T. funds for reimbursement; that no reason existed for Mr. Marconi to assume that the same consideration would not be provided for a similar project; that the City should have a clear policy and criteria to inform the public if such reimbursement will not be provided to other projects; that Mr. Marconi was led to assume that a submission for reimbursement should be made; that the submission was made in good faith and processed by the Administration; that Mr. Marconi was not informed that reimbursement was not available but rather that only a portion of the right-of-way improvement costs would be reimbursed from L.O.S.T. funds; that the City had already recognized that the Nello's project has a right to L.O.S.T. funds; that the appeal relates to the amount of reimbursement to which the Administration determined the Nello's project was eligible. Commissioner Patterson stated that Mr. Marconi was led to believe that the City has a policy of reimbursing right-of-way infrastructure improvements in the Downtown redevelopment area; that Staff was not consulted but rather the precedent led Mr. Marconi to believe that was the policy. City Manager Sollenberger stated that the comparison between the Goodyear Store and Nello's projects is not a legitimate comparison; that he was strongly recommended to participate in the decision-making process regarding the location of the new library in Downtown; that all but one of the businesses previously located at the site of the new library chose to go out of business; that the Goodyear Store was seeking a place to relocate; that he personally met with the manager who advised that the Goodyear Store was looking at sites in a variety of locations as far away as Beneva Road; that he wanted to see the Goodyear Store remain in Downtown and felt the Rosemary District would be an appropriate location; that the manager of the Goodyear Store was taken on a tour of Rosemary District properties, including some City-owned sites; that the manager of the Goodyear Store expressed interest in property owned by Mr. Smith who subsequently contacted Mr. Bilyeu who became instrumental in the relocation effort. City Manager Sollenberger continued that the construction costs for right-of-way improvements made by the Goodyear Store were stated up front; that the Administration agreed that providing L.O.S.T. funds for the right-of-way infrastructure costs would be appropriate to assist that specific relocation effort; that no major business investments had been made in the Rosemary District along Lemon Avenue; that the Administration felt that development of the Goodyear Store would be a major boon for the . Rosemary District. City Manager Sollenberger further stated that Nello's is located on prime U.S. 41 property and has excellent visibility; that Nello's request for storefront assistance was denied by the Commission on the same rationale; that he has no knowledge of any request submitted in advance to Staff to reimburse Nello's right-of-way improvements. City Manager Sollenberger stated further that he first heard about the request last spring after receiving a communication from Mr. Bilyeu or Mr. Marconi; that the construction costs were studied and a determination made that the City could assist with the costs of repaving the alley; that the City should take care of alleys in the Rosemary District and not impose the added burden on a business developing a piece of property; that he authorized the reimbursement from L.O.S.T. funds to Mr. Marconi; that Staff believes the improvements could have been constructed less expensively if the City had done the work; however, the reimbursement of $2,067 for the alley repaving was authorized; that Mr. Marconi's September 9, 1997, letter, refers to the reimbursement as an entitlement; that the Administration does not view the reimbursement as an entitlement at all; that the decision was made to reimburse the $2,067 for the alley repaving and no more. Attorney Rees stated that his client would have been more fortunate if he made known the possibility that he was considering BOOK 43 Page 16102 01/20/98 6:00 P.M. BOOK 43 Page 16103 01/20/98 6:00 P.M. relocating his store outside the City to enable the Administration to solicit him to remain; that the Administration would probably have suggested that Nello's relocate in the Rosemary District across the street from the Quay; however, Mr. Marconi had already made the decision to proceed at his own risk to redevelop an eyesore which is no longer considered as such. Attorney Rees continued that comparing the Goodyear Store and Nello's projects is a legitimate comparison; that two similar projects were addressed with disparate treatment; that recognizing the costs and authorizing reimbursement would be proper. Mr. Marconi stated that Nello's has been in the new location for seven or eight months; that vagrants are repeatedly seen around the building; that on one occasion, he drove up the alley to exit onto Cocoanut Avenue and was blocked by vehicles and people in the alley who were drinking and would not move the vehicles; that he had to reverse his vehicle all the way back down the alley to U.S. 41; that similar situations will probably occur with his customers; that the property may be located on U.S. 41 and the future appear bright; however, current conditions cannot be considered positive in nature; that yesterday, a young woman running around the building indicated she was being threatened by a motorist and wanted to telephone the police; that customers were inside the store at the time. Mr. Marconi continued that no such problems occurred when the store was located on Main Street; that the existing conditions in the neighborhood make every business day an effort; that the neighborhood is a long way from improving; that statements made at recent Commission meetings confirm the fact that North Tamiami Trail is still regarded as a disadvantaged area; that the request for reimbursement is no different from the one granted to Mr. Smith; that his family made the investment on U.S. 41 at great risk and with a great leap of faith; however, the area has a long way to go before becoming a safe, decent shopping area. Mayor Pillot stated that the discussion has been incisive and positive; and asked if the Commission's responsibility is to either approve or disapprove the appeal? City Attorney Taylor stated that this is an appeal of a decision; however, legal issues may also be involved which would categorize the request as a claim; that claims should be made in writing and submitted to the legal department for analysis and responsei that the Commission could handle the request as an appeal which does not preclude the petitioner from submitting a formal claim. Attorney Rees stated that an appeal has been brought before the Commission as stated in the record; that a claim would be unnecessary if a disposition acceptable to his client is reached; that an inaccessible disposition for the request would provide him the right to consider processing a claim with the City; however, the purpose in coming before the Commission was to discuss calmly with full opportunity for deliberation the belief that the appeal has merit and to request the Commission's judgment and consideration. Mayor Pillot asked if Attorney Rees wishes to leave the matter in the context of an appeal this evening? Attorney Rees stated yes; that room for discretion exists to recognize items of entitlement if a decision is made to reimburse; that a statement of construction costs has been provided; that the appeal is based on the similarity of construction costs and the reimbursement for the Goodyear Store recognized by the Administration; that a decision regarding the amount of reimbursement would be required if the appeal is approved. Mayor Pillot stated that the client retains rights understood by the City Attorney and Attorney Rees; that a Commission vote would be required to determine whether the appeal is approved or disapproved. Attorney Rees stated that is correct. Mayor Pillot asked if the appeal would be considered as denied absent Commission action? City Attorney Taylor stated yes. Mayor Pillot stated that no motion has been presented. 13. SCHEDULED PRESENTATION RE: REQUEST FOR WAIVER OF THE 30 DAY MINIMUM BETWEEN THE PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF ACTIONS TO THE CITY COMMISSION RELATIVE TO PETITION NO. 98-SE-02 - APPROVED (AGENDA ITEM V-2) #3 (3551) through (3770) Kumar Mahadevan, Ph.D. Executive Director, Mote Marine Laboratory, and Winston Spurgeon, Owner of the Sarasota Bay Explorers, came before the Commission and stated that the Zoning Code indicates the Planning Board/Local Planning Agency (PBLP) board report regarding proposed development permits shall be scheduled no earlier than 30 days after the PBLP meeting at which the proposed development permit is considered; however, the 30-day minimum can be waived by the Commission upon receiving a written request from the petitioner; that this is a request to waive the required 30-day minimum period; that approval of the request would allow actions taken at the February 4, 1998, PBLP meeting regarding Special Exception Petition No. 98-SE-02 to be reported at the February 17, 1998, regular Commission meeting. BOOK 43 Page 16104 01/20/98 6:00 P.M. BOOK 43 Page 16105 01/20/98 6:00 P.M. Dr. Mahadevan continued that Special Exception Petition No. 98-SE-02 is a request to permit additional educational boat tours by the Sarasota Bay Explorers as an extension of Mote Marine Aquarium Educational programs; that this is the season for the boat tours which were in great demand last year. City Manager Sollenberger stated that the Zoning Code states the reasons shall be set forth as to why a waiver is necessary to prevent an inequitable or unjust hardship; that a financial hardship can be expected if the waiver is not granted; that the Administration recommends approval of a waiver of the 30-day minimum to allow actions taken at the February 4, 1998, PBLP meeting relating to Special Exception Petition 98-SE-02 to be reported at the February 17, 1998, regular Commission meeting. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) #3 (3767) through #4 (0460) The following person came before the Commission: Paul Thorpe, 157 Garden Lane (34242), stated that as the City resident appointed by Sarasota County to serve on the committee established to select a site for the location of the new County jail, he would like to provide a brief report and obtain input from the City Commission. Mr. Thorpe continued that a 300-bed facility with the potential for expansion to 600 beds will be constructed; that the new jail will house prisoners sentenced to serve a maximum of one year; that the former South County landfill or a site Downtown are the two primary locations being considered. Mayor Pillot stated that one of the criteria for the new jail location is a 12-acre site; that a 12-acre site is not available in the Downtown area. Mr. Thorpe stated that the 12-acre site criterion could be waived; that the Sarasota Board of County Commissioners has already waived several of the criteria initially established, e.g., no residents within 1,000 feet of the facility, for a Downtown site since the existing jail is located Downtown. Mr. Thorpe distributed a copy of the Sarasota County Jail Site Selection Criteria; and stated that several of the County Commissioners favor a Downtown site. City Manager Sollenberger stated that the project architect met with City Staff to discuss technical information, i.e., transportation and stormwater concurrency issues related to two potential Downtown sites for the new jail: 1) County-owned property immediately north of the existing jail between Main Street and Ringling Boulevard and 2) property further east on Ringling Boulevard across from the County parking structure; that the Verna Wellfield property was also discussed as a potential site, but City Staff raised concerns with potential impacts on the water supply. Commissioner Patterson stated that certain sites Downtown should be eliminated from consideration completely, e.g., Payne Park; that the existing jail houses prisoners awaiting sentencing; that the new jail will house prisoners who are sentenced to serve up to one year for crimes not requiring confinement in a State prison; that location of a new jail in the same vicinity of the existing jail should not be opposed by the City Commission; however, taking additional property off the City's tax rolls is a concern. Commissioner Cardamone stated that the Commission previously discussed and accepted potential expansion of the existing jail. Commissioner Cardamone continued that Mr. Thorpe is a proper appointee, however, the City Commission should have been requested to appoint a City representative to the County's committee; that additional property in the City should not come off the tax rolls; that many criminals are being sentenced to one day less than one year because of overcrowding at State prisons; therefore, a site which provides for outdoor recreation, etc., should be selected versus a site in the Downtown area. Vice Mayor Dupree stated that consideration should be given to utilizing the existing jail for longer-term, hard-core prisoners and building a rehabilitation center for shorter-term prisoners. Mr. Thorpe stated that the decision has been made to construct a new jail; that a site must be selected within two months; that the prisoners housed in the new jail will participate in work programs, e.g., performing road work, cleaning ditches, and clearing the beaches of dead fish; that eight to ten buses daily will transport the prisoners to various work sites. Mayor Pillot stated that he has an open mind regarding the subject; that the City Commission should not suggest a site but be prepared to consider sites proposed by the County Commission. BOOK 43 Page 16106 01/20/98 6:00 P.M. BOOK 43 Page 16107 01/20/98 6:00 P.M. Commissioner Merrill stated that locating a new facility in the vicinity of the Sarasota County Courthouse and the existing jail will have the least impact on properties in the entire County; that the proposed site north of Ringling Boulevard and south of Payne Park could be supported; that the tax exempt status on the City tax rolls has remained at 25 percent for the last 20 years; therefore, losing taxable City property is not viewed as a concern. Mayor Pillot stated that hearing no objections, New Business, Item No. VIII-3, regarding South Lido Beach will be moved forward on the Agenda. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to extend the meeting past 11:30 p.m. to 12 midnight. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO PURSUE FUNDING FROM THE STATE AND FROM THE TOURIST DEVELOPMENT TAX FOR BEACH EROSION AT THE SOUTH ONE -THIRD OF LIDO KEY - APPROVED (AGENDA ITEM VIII-3) #4 (0477) through (1103) Dennis Daughters, Director of Engineering/City Engineer, and John Kirker of Lido Regency, Chairman, Shelly Lederman of Half Moon Beach Club, and Steven Schlossberg of L'Elegance, Members, representing South Lido Coalition, came before the Commission. Mr. Daughters stated that three projects have been pursued to provide sand on Lido Key: 1) New Pass Dredging Project, completed in August 1997, 2) State Grant Restoration Project, scheduled for completion prior to May 1, 1998, and 3) Federal Nourishment Project, now ready for the Feasibility Study phase; that the State project only extends southerly to the Suntide Beach Resort; that the remaining south one-third of Lido Key has experienced severe erosion in the past several months; that City Staff has discussed the issue with property owners and the South Lido Coalition; that the following Commission action is recommended: 1. Approve the City as a project sponsor to pursue an interim solution. 2. Authorize the Administration to provide Staff time for the emergency project. 3. Authorize the Administration to pursue funding from the State and the Tourist Development Tax. Mr. Daughters stated that pursuing funding from the Lido Key property owners may be an additional option; that a City presentation and request for financial assistance was made to and approved by the TDC on Thursday, January 15, 1998. Mayor Pillot stated that he is the City's representative on the Tourist Development Council; that Mr. Lederman also serves on the TDC; that the TDC essentially approved a request for additional funding and expressed support in favor of complete restoration of the entire length of Lido Beach from the northern rocks to the southern tip. Mr. Lederman stated that is correct; that the TDC makes recommendations to the Board of County Commissioners regarding use of Tourist Development Tax funds; that the TDC's unanimous vote in favor of the funding request will be recommended to the County Commission for approval. Mr. Daughters referred to an aerial photograph of Lido Key on a display board showing the boundaries of the State Grant Restoration Project scheduled for completion prior to May 1, 1998. Commissioner Cardamone asked why the boundaries of the State project do not extend the entire length of the beach? Mr. Daughters stated that sand on the southern tip of Lido Key was plentiful in 1991 and 1992 when the State project was being planned; that funding participation by property owners was initially proposed; that few South Lido Key property owners showed interest in the project or participated in the public workshops, primarily because the sand was plentiful at the time; that the State project addresses the public beach areas; that the boundaries were extended as far as possible under the eligibility guidelines for the State grant. Mr. Kirker stated that the erosion which has occurred on South Lido Key over the past seven months has created a dangerous situation, as confirmed by Rick Spadoni, Coastal Planning and Engineering, Inc., the City's consultant, at a recent South Lido Coalition meeting. Mr. Kirker referred to a board display of photographs depicting the current conditions and demonstrating the impacts the erosion has had on South Lido Key properties. Mr. Kirker stated that the problem is both aesthetic and economic; that immediate relief is necessary before condominiums and hotels are lost either through total destruction or lack of tourism; that South Lido Key could slip from a major tourist attraction, generating substantial tax revenue, to a wasteland if the situation is not resolved. Mr. Kirker submitted for the record letters from the St. Armands Circle Association, Lido Key Residents Association, Harley BOOK 43 Page 16108 01/20/98 6:00 P.M. BOOK 43 Page 16109 01/20/98 6:00 P.M. Sandcastle Hotel, Sarasota Commercial Realty, Inc., and the Hilton franchise, expressing support for the renourishment of South Lido Keyi and stated that management at various establishments have referenced complaints from customers and tourists and concerns raised by potential purchasers regarding the condition and diminished size of the beach; that the South Lido Coalition is planning to write letters to State representatives and U.S. Congressmen and is willing to assist in any way possible to expedite the process required to achieve State or Federal funding to resolve the issue. City Manager Sollenberger stated that the Administration recommends 1) approving the City as a project sponsor to pursue an interim solution, 2) authorizing the Administration to provide Staff time for the project, and 3) authorizing the Administration to pursue funding from the State and from the Tourist Development Tax. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation and to support development of a solution. Commissioner Cardamone stated that the issue could be discussed with local delegates, etc., while she is in Washington D.C. in March; that sand continuously shifts from one area to another along the beaches; that a public/private partnership, e.g., a Special Assessment Tax District, should be established to accumulate funding for emergency renourishment needs on Lido Beach. Mr. Kirker stated that the South Lido Coalition plans to meet with City Staff and State and Federal representatives to discuss proactive options. Mr. Schlossberg commended the efforts of City Staff and expressed appreciation for the Commission's support. Mr. Lederman commended the efforts of Mr. Daughters; and stated that the Federal project underway will take several years to complete; that, hopefully, the newly created expedited process will assist the City in obtaining permits in a timely manner; that, hopefully, the County Commission will approve the TDC's recommendation for use of Tourist Development Tax funds to address the South Lido Key issue. Commissioner Patterson stated that members of the South Lido Coalition should attend the County Commission meeting at which approval of Tourist Development Tax funding is requested; that establishment of a Special Tax Assessment District may not be necessary if Federal funding participation is warranted for a 50- year program of restoration, monitoring, and renourishment of Lido Key. Mr. Daughters stated that the Federal Administration is contemplating changing the Federal share from 65 percent to 50 percent; however, the funds authorized for the Federal project, even on a 50 percent cost share basis, in conjunction with the Tourist Development Tax funds requested and recommended for use by the TDC would be sufficient to address the erosion problems on South Lido Key; that Lido Beach is the only project nationwide which received Federal funding for a feasibility study last year; that Federal funding for design and construction is not assured. City Manager Sollenberger stated that Howard Marlowe, the City's lobbyist in Washington, D.C., and Executive Director of the American Coastal Coalition (ACC), will be requested to contact and assist Commissioner Cardamone during her trip to Washington, D.C., in March. Mr. Lederman stated that the sand which eroded from South Lido Key shifted and created a large sand bar off of Siesta Key near Big Pass; that using dredged sand from Big Pass as a sand source for the renourishment of Lido Beach should be considered; that an organization entitled "We Want Our Sand Back" (WWOSB) has been formed. Commissioner Patterson stated that Siesta Key property owners attribute the lack of erosion on Siesta Beach to the large sand bar referenced; that public controversy over dredging Big Pass could jeopardize approval of State or Federal funding, as occurred in the past, and should be avoided. Mr. Lederman stated that public disapproval may not be a problem; that the boating public is supportive of dredging Big Pass; that Siesta Key property owners who attended the recent TDC meeting were open-minded to the concept. Mayor Pillot called for a vote on the motion to: 1) approve the City as a project sponsor to pursue an interim solution, 2) authorize the Administration to provide Staff time for the project, and 3) authorize the Administration to pursue funding from the State and from the Tourist Development Council (TDC) . Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that hearing no objections, Unfinished Business, Item No. VII-4, regarding the contract proposed between the City and the Greater Newtown Redevelopment Corporation will be moved forward. 16. UNFINISHED BUSINESS: DISCUSSION RE: ADDITIONAL INFORMATION REGARDING THE PROPOSED CONTRACT BETWEEN THE CITY OF BOOK 43 Page 16110 01/20/98 6:00 P.M. BOOK 43 Page 16111 01/20/98 6:00 P.M. SARASOTA AND THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT ÇORPORATION - NO ACTION (AGENDA ITEM VII-4) #4 (1132) through (1465) City Manager Sollenberger stated that research on different Community Development Corporation (CDC) models has been conducted; that information regarding the redevelopment agencies in West Palm Beach, Florida, will be forthcoming; that the draft action plan received from the Greater Newtown Redevelopment Corporation (GNRC) at 4:30 p.m. today has not been reviewed. Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission, referred to and explained a matrix providing information on the board characteristics, administrative funding, activities, and special features of the following organizations: Dudley Street Neighborhood Initiative (DSNI), Boston, Massachusetts; Northwest Community Redevelopment Agency (CRA), Fort Lauderdale, Florida; Beach CRA, Fort Lauderdale, Florida; and Ybor City CDC, Tampa, Florida. Mr. Horwedel stated that the board characteristics of the CDC models vary widely; that the DSNI, which has the most classical "neighborhood" structure, was self-initiated by neighborhood representatives to target housing development in a specific area of Boston, secured private funding from the Riley Foundation to develop a plan, and implemented the plan developed in conjunction with the Boston Redevelopment Authority; that the DSNI relies heavily on funding from private foundations; that the City of Boston delegated power of eminent domain to the DSNI through the Boston Redevelopment Authority, which is not common. Mr. Horwedel continued that the Northwest and Beach CRAS were government initiated and utilize Tax Increment Financing (TIF) for administrative funding; that TIF revenues generated have been sufficient to fund administrative operations of the Northwest CRA; that the City of Fort Lauderdale has subsidized the administrative operations of the Beach CRA with a clear expectation of repayment or subsidy-reduction in outlying years. Mr. Horwedel stated further that the Ybor City CDC, which initially had a 66 member board, currently has 21 executive board members and 12 advisory board members; that approximately three years ago, the majority of CDC staff was placed on the City of Tampa Planning Department payroll; that the salaries of only two CDC employees are funded through TIF revenues. Mr. Horwedel further stated that he has attended the GNRC Tuesday morning meetings; that Richard Hailer, Florida House Institute, has facilitated the development of the draft action plan submitted by the GNRC; that a brief overview indicates the plan contains some vague areasi that a thorough review will be performed and a report provided; that utilizing the action plan developed by the Regional/Urban Design Assistance Team (R/UDAT) as a model has been recommended and received favorably by the GNRC; that the desire of the GNRC and the City Commission to move the process forward as quickly as possible is recognized; that his assistance will be provided to expedite the process; that an effort will be made to present a draft contract at the February 2, 1998, regular City Commission meeting. Commissioner Cardamone stated that sufficient time should be taken in the development and review of the GNRC's action plan; that the action plan and other documents should be prepared and reviewed properly; that the process should not be rushed. City Manager Sollenberger stated that the Administration plans to recommend use of Community Development Block Grant (CDBG) funds as a portion of the funding source, which will mandate a reporting requirement and provide for accountability information to the City Commission. Commissioner Cardamone stated that the Commission should be provided with a list of GNRC board members, the by-laws, etc., prior to the next presentation; that the eight conditions which would have to be met for her to support the release of the funding approved by the Commission at the December 15, 1997, regular Commission were outlined at the adjourned regular City Commission meeting on January 6, 1998; that she will not be attending the next GNRC meeting. Vice Mayor Dupree stated that he plans to continue attending the GNRC meetings; that many of the conditions set forth by Commissioner Cardamone have been met or are being addressed. Commissioner Patterson stated that she intends to attend the GNRC meeting on January 27, 1998. 17. UNFINISHED BUSINESS: STATUS RE: REPORT FROM THE STAFF OF THE SARASOTA COUNTY STORMWATER UTILITY CONCERNING THE FLOODING PROBLEMS FROM THE NOVEMBER 13, 1997 STORM EVENTS (AGENDA ITEM VII-3) #4 (1474) through (2516) Dennis Daughters, Director of Engineering/CiEy Engineer, and John Goodknight, Transportation Director, Sarasota County, J.P. Marchand, Deputy Director of Transportation, Sarasota County, and Sandra Newell, Manager, Sarasota County Stormwater Environmental Utility (SEU), came before the Commission. Ms. Newell gave a computer-generated slide presentation referencing rainfall comparisons over the past 49 years and BOOK 43 Page 16112 01/20/98 6:00 P.M. BOOK 43 Page 16113 01/20/98 6:00 P.M. comparing the results of the June 23-26, 1992, and November 13-14, 1997, storm events. Ms. Newell stated that three major storms events have occurred in the past five years; that a dry period had been experienced prior to the June 1992 storm event, which generated four-day rain totals ranging between 15 to 18 inches; therefore, much of the initial rainfall was soaked into the ground and runoff did not start occurring until 5 to 6 inches of rain had fallen; that a rainy period had been experienced prior to the November 1997 storm, which generated 11 to 12 inches of rain over 24 hours in the Bahia Vista Street/MeIntosh Road area of the Phillippi Creek Basin; that the grounds were saturated; therefore, runoff began shortly after the storm began, which caused the water level of the Main "A" Canal of the Phillippi Creek Basin to rise quickly and contributed to the severity of the flooding that occurred. Ms. Newell continued that the worst area of flooding within the City limits in the November 1997 storm occurred immediately upstream of the Bahia Vista Street crossing of the Main "A" Canal to the west of Beneva Road, in the Bellview Terrace subdivision; that 58 of the 60 structures within the City limits which flooded during the 1997 storm were in Bellview Terrace; that 53 of the 58 structures are included on the list of non-assessed structures, structures which are not assessed the Capital Improvement Program (CIP) portion of the stormwater assessment since flooding is expected to occur during a 10-inch, 24-hour storm event even after all the Phillippi Creek Basin CIP projects are completed; that 29 of the 58 structures flooded during the 1992 storm event. Ms. Newell reviewed various ongoing evaluations and work proposals planned to address flooding in the Phillippi Creek Basin, including re-analysis of the impacts of dredging Phillippi Creek, further review of potential blockage in the creek between Tuttle Avenue and Webber Street, and additional staking of vegetation; that a report to the Sarasota Board of County Commissioners regarding the feasibility and impacts of dredging the Phillippi Creek Basin will be made in February 1998. Ms. Newell stated that Sarasota County staff will be holding a meeting with property owners from Bellview Terrace, Oak Shores, and the Pinecraft area on January 28, 1998, at 7 p.m. at the Pinecraft Mennonite Tourist Church on Bahia Vista Street to gain input and discuss options; that some of the options the County plans to present include possible construction of a levy and a home purchase program; that the concept of a home purchase program has significant implications to the CIP in Phillippi Creek. Commissioner Patterson stated that a home which flooded in 1997 may not have flooded in 1992; and asked if all the homes in the referenced areas are exempt from the CIP portion of the stormwater assessment? Mr. Goodknight stated that the flood plain was identified and properties exempted from the CIP assessment on a parcel-by-parcel basis. Mr. Marchand stated that specific properties were exempted from the CIP assessment if the design storm analysis indicated the level of service criteria could not be met on the particular property after the CIP projects were completed; that the property owners exempt from the CIP assessment are still required to pay the basic stormwater assessment. Mayor Pillot stated that the time is now 12 a.m.i that hearing no objections, the meeting will be extended to complete Agenda Item Nos. VII-3 and VIII-4. Commissioner Patterson stated that the flooding was more substantial in 1997 compared to 1992; and asked if stormwater improvements east of the Bahia Vista Street/McIntosh Road area have increased water flows into the Phillippi Creek to the extent that greater flooding problems are experienced in the Bellview Terrace subdivision? Mr. Marchand stated that the major project completed to date has been a widening of the Main "A" Canal upstream of the Bahia Vista Street/McIntosh Road area; however, additional storage has been provided by construction of the Celery Field Regional Stormwater Facility (Main "C" facility), which is 30 percent complete; that the level of the Phillippi Creek Main "A" Canal is monitored; that gates on the Main "C" Weir downstream of Porter Road are closed when the water level in the Main "A" Canal is between 8 and 10 feet, causing water to back up into the Celery Fields and occupy the available storage space; that the gates are opened and water released at the pre-determined release rate once the water level in the Main "A" Canal has subsided. Mr. Marchand referred to and explained a graphic identifying the location of the Celery Fields Regional Stormwater Facility and the properties with runoff flowing to the facility, including properties immediately west of Interstate 75 and north of Fruitville Road as well as some properties to the south of Fruitville Road. Mr. Goodknight stated that the results of the public meeting held on January 28, 1998, will be forwarded to the City. 18. NEW BUSINESS: PRESENTATION RE: REQUEST OF THE DOWNTOWN ASSOCIATION OF SARASOTA FOR FUNDS TO CREATE A BUSINESS IMPROVEMENT DISTRICT - APPROVED (AGENDA ITEM VIII-4) #4 (2516) through (2588) BOOK 43 Page 16114 01/20/98 6:00 P.M. BOOK 43 Page 16115 01/20/98 6:00 P.M. City Manager Sollenberger stated that the Downtown Association of Sarasota has submitted a request and proposal for funding from the Sarasota County Occupational License Tax in the amount of $35,000 to create and establish a Business Improvement District (BID) in Downtown; that the County Occupational License tax is an appropriate funding source and adequate funding is available; that the City and the Downtown Association would enter into an agreement providing for the administration of the funds and setting forth requirements for documentation of expenditures; that the Commission in the past has been interested in establishment of a BID; that the Administration recommends approving the request and proposal and authorizing the Mayor to sign and the City Auditor and Clerk to attest an agreement between the City and the Downtown Association of Sarasota for funding and accountability of the uses of funds. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve the request and proposal for $35,000 in funding from the County Occupational License Tax and to authorize the Mayor to sign and the City Auditor and Clerk to attest an agreement between the City and the Downtown Association of Sarasota for funding and accountability of the uses of funds. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that hearing no objections, the items remaining on the Agenda will be added to the agenda for the January 26, 1998, special City Commission meeting. 19. ADJOURN (AGENDA ITEM XII) #4 (2590) Mayor Pillot adjourned the regular meeting of January 20, 1998, at 12:05 a.m. Dla GENE PILLOT, MAYOR ATTEST: SOTA 0 133W * Aub d BILLY, E: CROBINSON, CITY AUDITOR AND CLERK a 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LASTI NAME-FIRSTI NAME-MIDDLE NAME NAMEOFE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Dr., Sarasota, FL 34242 WHICHI SERVE IS A UNIT OF: B CITY D COUNTY D OTHERLOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON WHICHV VOTE OCCURRED MYF POSITION IS: APPOINTIVE January 20, 1998 B ELECTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. Ap person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes oft the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on January 20 1998: (a). A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item IIIA-2, Approval Re: Renewal of the Main Street Depot, Inc. Lease and Concession Agreement for a period of five (5) years commencing on June 1, 1998. My husband's law firm represents Ernest Ritz, the owner of the Main Street Depot located at One North Lemon Avenue. February 2, 1998 Fallenson Hora Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B 10-86 PAGE 2