CITY OF SARASOTA Development Review Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY SEPTEMBER 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Chair Michael Halflants, Vice Chair Daniel Deleo, Shane LaMay, Terrill Members Present: Salem, Douglas Christy, Daniel Clermont City Staff Present: Mike Connolly, Deputy City Attorney Alison Christie, AICP, General Manager, Development Services Rebecca Webster, Planner, Planning Department Briana Dobbs, Chief Planner, Planning Department David Smith, Manager of Long-Range Planning, Planning Department Miles Larsen, Manager, Public Broadcasting John Nopper, Coordinator, Public Broadcasting Amanda Cisneros, Development Review Coordinator, Development Services I. CALL: MEETING TO ORDER AND ROLL CALL 1:31:21 p.m. Chair Halflants called the meeting to order. General Manager Christie (acting as the Planning Board': s Secretary) called the roll. II. PLEDGE OF ALLEGIANCE III. CHANGES TO THE ORDER OF THE DAY City Attorney Connolly discussed conflicts of interest with PB Member Lamay and 24-SV- 01 (10th Street Right-of-Way Vacation) and requested that this item be moved to first on the agenda. The Planning Board Members approved by consensus. Chair Halflants approved a break at 3:00 p.m. to allow PB Member Salem take a phone call. IV. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TOTHE. PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) A. Reading oft the Pledge of Conduct Ms. Christie read the Pledge of Conduct. City Attorney Connolly discussed time limits. Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 10 B. Legislatine Public Hearings 1. 10th Street ROW Vacation (Bay Park Phase II): Right-of-Way application No. 24-SV- 01 request of approval of the vacation of an improved approximately 1.403 acre portion of 10th Street, a platted Right-of-Way located west of North Tamiami Trail and extending to the western terminus of 10th Street at Sarasota Bay. (Rebecca Webster, Planner, Planning Department) Staff Presentation: Rebecca Webster, Planner, Planning Department presented and provided an explanation of the proposed request. Ms. Webster discussed the location, the reason for the request and the platted rights-of-way. Ms. Webster discussed the proposed phase 2 project for Bay Park and provided a brief explanation of the previous phase. Ms. Webster discussed the connection to the 10th Street roundabout and discussed reason for the requested right-of-way vacation. Ms. Webster went over the Standards of Review and explained the conditions. Vice Chair Deleo spoke to the presentation. PB Member Salem posed questions regarding access. Ms. Webster and City Attorney Connolly spoke to the question. PB Member Christy posed questions about various development applications. Ms. Webster deferred to the applicant. PB Member Christy posed questions about the location of the right-of-way vacation. City Attorney Connolly provided an explanation. Alison Christie, General Manager, Development Services discussed applications related to the Bay Park that are under review. Applicant Presentation: Philip DiMaria discussed current Development Applications for the proposed location. Mr. DiMaria provided a description of the proposed request. Mr. DiMaria discussed the process for the proposed request, the conversion for 10th Street from public right-of-way to public park and provided al brief history of the process. Mr. DiMaria briefly discussed the Van Wezel right-of-way, and the Standards of Review. PB Member Salem posed questions about future plans regarding piers and activities that can occur. Mr. DiMaria spoke to the question. Vice Chair Deleo spoke to the presentation and proposed request. Citizen Input: Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 10 No Citizen Input. Staff Rebuttal: No Staff Rebuttal. Applicant Rebuttal: No Applicant Rebuttal. Vice Chair Deleo made a motion to recommend approval of 24-SV-01 to the City Commission. Motion passed 5-0. 2. 901 & 802 Mango Avenue Right-of-Way Vacation: Right-of-Way Vacation Application No. 23-SV-05 request for approval of the Vacation of an unimproved approximately 13,500t square foot portion of the platted Mango Avenue Right-of-Way located north of 8th street to the terminus of Mango Avenue, originally platted as Second Avenue East. The Right-of-Way is currently unimproved and there are no future plans of improvement by the City. (Rebecca Webster, Planner, Planning Department) Staff Presentation: Rebecca Webster, Planner, Planning Department presented and provided a brief description of the proposed request. Ms. Webster discussed the area, location, the Zoning District for the abutting properties and noted the area is a dead-end right-of-way that is not being maintained by the City. Ms. Webster discussed the abutting properties, the owners of the abutting properties and discussed the proposed Development Application, Administrative Site Plan 23-ASP-08 and noted that it cannot be developed without the right-of-way vacation and discussed requirements for the vacation. Ms. Webster discussed the two community workshops, Limelight Business District, requirements and Standards for Review. PB. Member Clermont requested clarification on the ownership of property abutting the right-of-way proposed to be vacated if the city is not going to improve the right-of-way, comments made by abutting neighbors, and posed questions regarding burdens. City Attorney Connolly provided clarification and discussed the Standards for Review as well as the legal obligation of the city to vacate the subject right-of-way proposed to be vacated if the city is not going to improve the right-of-way. PB Member Clermont posed questions about Administrative Review as it related to 23-ASP-08. Ms. Webster spoke to the question noting the Auto Repair Shop use is permitted by right. Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of 10 PB Member Lamay posed questions about ownership if the vacation is approved. Ms. Webster spoke to the question. Chair Halflants posed questions about existing businesses and the railroad tracks in the area. Ms. Webster and City Attorney Connolly spoke to the questions. Chair Halflants posed questions about the creation of the Missing Middle Overlay District. Ryan Chapdelain, General Manager, Planning Department spoke to the question and provided an explanation. Chair Halflants spoke to the proposal. Chair Halflants posed questions about Staff's recommendation. City Attorney Connolly discussed property rights issues associated with the application, Zoning Districts in the proposed area, discussed requirements of the city to construct a turnaround if the right-of-way were to be retained by the city, and provided reasons for approval of the proposed request. Applicant Presentation: John Patterson, Esq. presented on behalf of the applicant. Mr. Patterson provided a description of the proposed request, a brief history of the area and previous right-of-way vacation case law in Florida and discussed ownership if the proposed request is approved. Mr. Patterson called on Bruce Franklin and discussed the Standards for Review. PB Member Clermont posed questions regarding the request. Mr. Patterson spoke to the questions. Chair Halflants posed questions regarding ownership and length of the portion of right- of-way to be vacated. Mr. Patterson spoke to the question. Citizen Input: Citizen input received. Staff Rebuttal: Ms. Webster noted that the portion of Mango Avenue dead ends into private property, the proposed use is permitted by right, and that the right-of-way is platted as a street. Chair Halflants posed questions about current use of the right-of-way. City Attorney Connolly provided an explanation and noted that the location cannot be an improved right-of-way without the taking of abutting property to provide a turnaround due to Fire Code regulations. Discussion ensued. PB Member Lamay posed questions about the classification of a street versus right-of- way. Discussion ensued. The Planning Board took a 20-minute break. Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 10 Applicant Rebuttal: Mr. Patterson discussed the use of the vacation, the businesses in the area, and property rights. Chair Halflants posed questions about neighboring businesses using the proposed location for turnaround. Mr. Dan Richetta, applicant, spoke to the question. Chair Halflants spoke to the proposed request and questions about neighboring businesses using the right-of-way to accesses their buildings. Mr. Richetta spoke to the question. Discussion ensued. The Planning Board Members had a discussion regarding the proposed request. City Attorney Connolly discussed legal access to surrounding businesses and streets. Ms. Christie provided estimated dimension for the required turning radius from the Fire Department. Vice Chair Deleo spoke to the discussion and proposed request. PB Member Lamay posed questions regarding property rights. City Attorney Connolly spoke to the question. The Planning Board members continued to discuss the proposed request. City Attorney Connolly discussed the Standards for Review and provided the history of the process for the proposed request. The Planning Board Members continued to discuss the proposed request. PB Member Clermont made a motion to recommend approval to the City Commission. PB Member Salem seconded the motion. Chair Halflants spoke to the motion. PB Member Salem spoke to the motion. Motion passed 3-2 with PB Member Lamay and Chair Halflants dissenting. 3. Future Land Use Text Revisions, Historic Preservation Transfer of Development Rights Program: Comprehensive Plan Amendment Application 24-PA-01 request for Comprehensive Plan Amendment approval to amend the Future Land Use Plan of the Sarasota City Plan to create a Historic Preservation Transfer of Development Rights Program by adding new Action Strategy 2.16, Historic Preservation Transfer of Development Rights Program; adding a new definition of "Historic Preservation Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 10 Transfer of Development Rights" or "TDR" Program; and revising text in the Summary of Classifications Table, and the Mixed Residential, Urban Neighborhood, Urban Edge, Downtown Core, and Downtown Bayfront Future Land Use Classifications to identify Sending and/or Receiving Zones. The area of the proposed Historic Preservation Transfer of Development Rights Program is limited to Downtown Sarasota and is 1,221t acres. (David Smith, AICP, Manager of Long-Range Planning, Planning Department) Staff Presentation: David Smith, AICP, Manager of Long-Range Planning, Planning Department, Howard Davis, and Philip DiMaria presented. Mr. Davis discussed his relationship with the proposed request. Mr. Davis discussed demolitions throughout the City for development, the Florida Master Site File, and provided an explanation for the proposed request. Mr. Davis discussed TDR programs throughout Florida and discussed the process for other municipalities. Mr. Harris explained the process of the Transfer of Development Rights. Mr. Smith discussed the process and schedule for the Comprehensive Plan Amendment, establishing the program, Sending and Receiving sites and applicable locations. PB Member Salem posed a question regarding the transfer of Bonus Density. Mr. Smith spoke to the question. PB Member Lamay posed a question regarding the expiration of TDR. Mr. Smith provided an explanation. PB Member Lamay posed a question about the value associated with the number of square feet and the Sending and Receiving sites. Briana Dobbs, Chief Planner, Planning Department provided an explanation. PB Member Lamay posed a question regarding height. Mr. Smith spoke to the question. Discussion ensued. PB Member Clermont spoke to the proposed request and posed a question regarding the decision of a Historic Building. Mr. Davis explained the categories and criteria. Vice Chair Deleo spoke to the proposed request. Vice Chair Deleo posed questions regarding the buildings identified as historic. Mr. Smith spoke to the question. Vice Chair Deleo posed questions regarding transferring density into Laurel Park and similar neighborhoods. Mr. Smith spoke to the question. Discussion ensued. Chair Halflants posed questions regarding the number of stories in different Zone Districts. Ms. Dobbs spoke to the questions. Chair Halflants posed questions regarding sending and receiving sites. Mr. Smith spoke to the questions. Chair Halflants posed questions about the density in certain areas. Mr. Davis spoke to the questions. Chair Halflants discussed the restoration of buildings. PB Member Clermont posed questions about the Transfer of Development Rights. Mr. Davis spoke to the questions. Discussion ensued. Minutes of thel Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 7 of 10 Chair Halflants questioned if the language can be changed from density to number of units and provided an explanation for his request. City Attorney Connolly spoke to the request. Chair Halflants posed questions regarding the use of Bonus Density and transferring Base Density. Ms. Dobbs provided an explanation. Mr. Smith spoke to the questions. Mr. Lamay posed questions about applying the Attainable Housing Density Bonus after the Transfer of Development Rights. Ms. Dobbs spoke to the question. Discussion ensued. PB. Member Salem requested clarification on the reason for the TDR program. Mr. Davis provided an example. PB Member Salem posed questions about the rights to demolish a designated historic building. Ms. Dobbs spoke to the question. Chair Halflants spoke to the proposed request. PB Member Lamay posed a question about adjusting the language to state the allowable density tied to the TDR program supersedes the alowances provided by the Attainable Housing Density Bonus program. City Attorney Connolly stated that in order to do SO the PB Members would need to continue the hearing to allow staff to review the proposed changes and time for the public notice to be reposted. Chair Halflants posed questions about offering public amenities for additional height. Mr. DiMaria and City Attorney Connolly spoke to the questions. Mr. Davis discussed the Downtown Bayfront zone district and the transfer of density without the accompanying height and the additional residential density without height and suggested the changes be added if the proposed request were to be continued. The Planning Board members spoke to the suggested discussion. Mr. DiMaria posed questions about moving forward to City Commission with the suggested changes. City Attorney Connolly explained that it could not be moved forward. Mr. Davis summarized the suggested changes to the proposed request. City Attorney Connolly explained that text in the Comprehensive Plan would need to be changed from that which is presented today. PB Member Salem discussed making a motion to move forward with the proposed request. Mr. Davis discussed public comments made regarding having only density transferred into the Downtown Bayfront, not height. City Attorney Connolly noted that the request would need to be continued. PB Member Clermont posed questions about approving the request and the moving forward with the changes. City Attorney Connolly discussed the possibility of the approval being challenged as the suggested changes were not advertised, therefore, a continuance may be necessary. The Planning Board took a 10-minute break. Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the! Sarasota City Commission Chambers Page 8 of 10 Ms. Dobbs noted that Staff would like to move forward with the language as written noting that the Notice was written stating that Downtown Bayfront could be sending or receiving, and Downtown Bayfront can be written as receiving only. Chair Halflants spoke to the recommendation. PB Member Lamay made a motion to recommend approval to City Commission adding that the Bayfront Downtown Zone would be receiving for density onlyand sending for either. PB Member Clermont seconded the motion. Motion passed 5-0. C. Quasi-Judicial Public Hearings 1. Fruitville Road Property (1266, 1258, 1240 4th Street; 1233, 1241 Fruitville Road): Rezone Ordinance Amendment Application NO. 23-ROA-01 request for Rezone Ordinance Amendment approval to amend previously approved Rezone Ordinance 18- 5252. The requested amendment proposes to modify the proffered stipulation limiting the height on the parcels to three or five stories and to allow the maximum height permitted on surrounding properties in the Downtown Core (DTC) Zone District, with conditions for additional parking, enhances sidewalk system, and attainable housing. The subject site is located in the DTC Zone District with a Future Land Use (FLU) Classification of Downtown Core. (Alison Christie, General Manager, Development Services) City Attorney Connolly called on affected persons. The Planning Board members discussed ex-parte communications. Applicant Presentation: Philip DiMaria and Bill Waddill presented and discussed the proposed request. Mr. Wydell explained the changes made since the last presentation. Mr. Wydell discussed the revised proffers and discussed conflicts with tree planting strips. Mr. Wydell discussed a water line issue, tree planting, a 20-foot easement and discussed primary street access. City Attorney Connolly explained the revised proffers. Mr. DiMaria discussed the revised proffers and reasons for the changes. PB Member Lamay posed questions about enhancing streetscape, parking, and attainable housing. City Attorney Connolly spoke to the attainable housing. Philip DiMaria explained the reasons for returning to Planning Board regarding attainable housing. Mr. Wydell explained the revised proffers, and public parking. Mr. Lamay spoke to the discussion. PB Member Clermont posed a question about the number of stories. Mr. DiMaria spoke to the question. PB Member Clermont posed questions about carrying the 20-foot Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 10 sidewalk system and tree requirements around the area. Mr. Wydell spoke to the questions. Vice Chair Deleo spoke to the proposed request and discussed ex-parte communication. Vice Chair Deleo questioned the City work with Stakeholders to review water line conflicts. Mr. Wydell provided an explanation to the request. Chair Halflants spoke to the proposed request and posed a question about trees along US-41. Mr. Wydell spoke to the question. PB Member Salem posed a question about water line removal and payment responsibility. Mr. Wydell spoke to the question and provided an explanation. Staff Presentation: Alison Christie, General Manager, Development Services, discussed the reason for the proposed request returning to Planning Board. Ms. Christie reviewed the revised proffers and noted that Staff has an additional request regarding pedestrian zone and sidewalk width to add "clear sidewalk width" and explained the reasons for the condition. Affected Persons: Affected Persons input received. Staff Rebuttal: Ms. Christie provided clarification regarding changing a point of access for a project that was recently approved. Applicant Rebuttal: No rebuttal from applicant. Vice Chair Deleo made a motion to recommend approval to City Commission and to include the condition added by staff and to have Staff review the water line issues presented by the applicant. PB Member Lamay seconded the motion. PB Member Clermont spoke to the motion. Ms. Christie requested that the motion regarding the water line be a separate motion. Vice Chair Deleo agreed to separate the motions. Minutes of the Regular Planning Board Meeting September 11, 2024 at 1:30 p.m. in the Sarasota City Commission Chambers Page 10 of 10 PB Member Salem spoke to the motion. PB Member Lamay spoke to the motion. Motion passed 5-0. Motion to recommend City Commission to review the water line issue passed 5-0. V. CITIZEN's INPUT NOTICE TO1 THE PUBLIC: At this time Citizens may address the Planning Board on topics of concern. Items which havel been previously discussed at Public Hearings may not be addressed at this time. (A maximum 5- minute time limit.) There was no citizen' S input. VI. APPROVAL OF MINUTES 1. July 10, 2024 Minutes approved by consensus. VII. PRESENTATION OF TOPICS BY STAFF 1. Propose Amendment to the Rules and Procedures. The Planning Board approved by consensus. VIII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. IX. ADJOURNMENT Meeting adjourned at 6:36 p.m. R ann Alison Christie Michael Halflants, Chair General Manager and Secretary to the Board Planning Board/Local Planning Agency