CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY March 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Planning Board Jennifer Ahearn-Koch, Chair Members Present: Chris Gallagher, Vice Chair Members Susan Chapman, Mort Siegel, and Vald Svekis Planning Board Ken Marsh, Director, Long Range Planning - Sarasota County Public Members Absent: Schools [non-voting member] City Staff Present: Michael Connolly, Deputy City Attorney David Smith, General Manager, Neighborhood & Development Services Miles Larson, Coordinator-Public Broadcasting Karen Grassett, Sr. Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL Chair Ahearn-Koch called the meeting to order at 6:00 p.m. and General Manager Smith [as Secretary to the Board] called the roll. II. CHANGES TO THE ORDER OF THE DAY There were no changes to the Order of the Day. III. LAND USE. ADMINISTRATION PUBLIC HEARINGS A. Reading of the Pledge ofConduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly reviewed the recommended time limits for the petition and Board members agreed to them. The Oath was administered to all intending to speak regarding the petition. B. Non Quasi-judicial Public Hearings 1. ZONING TEXT AMENDMENT - LAUREL PARK OVERLAY DISTRICT: APPLICATION 13- ZTA-02 proposes a zoning overlay district intended to enhance communication between a developer or landowner and residents within the Laurel Park Neighborhood when development is proposed within the overlay district that meets or exceeds the thresholds of Section IV-501 (c) of the City of Sarasota Zoning Code. The LPOD would require that a developer or landowner hold a Community Workshop prior to submitting an application for a building permit or administrative site plan on a parcel of land that is located entirely or partially within the Laurel Park Overlay District. It also requires that a developer or landowner hold a second Community Workshop between 30 and 45 calendar days after the initial submittal of a Minutes of the Special Planning Board Meeting March 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of4 building permit or administrative site plan application. The LPOD would also establish Notice of Filing, Notice of Issuance, and Appeal procedures relating to Building Permits or Administrative Site Plans (David Smith, AICP, General Managetr/Integration. Applicant Presentation/staf Presentation: David Smith, AICP, General Manager, Integration presented the application. Mr. Smith discussed the application noting the overlay boundary extends 100 from the RSM zone district. Mr. Smith reviewed the background of the proposal and noted changes made since the information was distributed that include: adding text to paragraph "b" clarifying the parcels affected; adding text to paragraph "C" clarifying the thresholds for community workshops; revising references to "registered with the Office of the City Auditor and Clerk" to "registered with the Neighborhood and Development Services Department"; adding text to paragraph "g" clarifying appeals of a technical matter are made to the Board of Rules and Appeals rather than the Planning Board; re-lettering Article IV. Division 2. - General Procedures to add paragraph "h" since "g is reserved for Provisional Uses. Discussion ensued regarding the thresholds for community workshops. Mr. Smith submitted two letters for the record, one from Mr. Michael Furen opposing the proposal as it will discourage development and redevelopment within the Overlay District, and another from Mr. David Gurley opposing the appeals process provided for in the Overlay District. Mr. Smith stated staff recommends the Planning Board approve the application. Discussion ensued regarding the history of zoning changes in the Laurel Park area, participation of Laurel Park residents in the process, the thresholds that determine if proposed development qualifies for administrative review VS. Planning Board review, community workshop reports submitted by developers need to include comments/concerns of area residents, the community's ability to file reports on the community workshops, input from developers regarding the community workshop requirements, the Comprehensive Plan objectives being furthered by the proposal, compatibility issues, the applicability of the requirements under Section IV.201.4, paragraph f( (1) of the Zoning Code for an additional community workshop if proposals are: revised after the first two workshops, the definition of an affected neighborhood, steps in the process, costs, timelines for processing, process for appeals to the Planning Board/City Commission/ Circuit Court, who has the right to appeal, timelines for filing appeals, and other neighborhood associations requesting overlay districts. It was the consensus of the Planning Board to recommend adding and persons" after"associations" in paragraphs "c"," "d" and "f". Citizen Testimony: Ms. Kate Lowman appeared representing the Laurel Park Neighborhood Association. Ms. Lowman discussed the Association's participation in the process and stated the Board had voted unanimously to support the application. Ms. Lowman stated the Association felt the compromises reached made the process workable. Minutes of the Special Planning Board Meeting March 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of4 Ms. Jolie McInnis appeared and stated she supports the Laurel Park Neighborhood Association and the application noting residents will have more opportunity to participant in development proposals. Ms. Michelle Mancini appeared and stated she supports the Laurel Park Neighborhood Association's support of the application. Dr. Rene Desjardins appeared, stated he is a member of the Laurel Park Neighborhood Association's S board and noted 65% of homeowners are members of the Association. Dr. Desjardins reiterated the community's involvement in the process and noted unanimous support for the application. Attorney Connolly administered the oath to those wishing to speak that were not present at the beginning of the meeting. Ms. Marge McKeever appeared in support of the application noting the process gives residents a voice. Mr. Robert Fletcher appeared in support of the application, specifically the administrative review process noting the community workshop requirements provide an opportunity for residents to provide input without delaying the proposed development. Mr. Fletcher further stated his support for the appeal process included in the application. Ms. Erika Brigham appeared in support of the application as long as the appeals process includes rights for the Neighborhood Association. Mr. Daniel Harris appeared noting compromises that had been made and stated he strongly recommended the application be approved. Mr. Harris noted additional costs to developers would be minimal. Ms. Nancy Richardson appeared stating that although she prefers the Planning Board process over administrative approval she supports the application as long as the 2 community workshops are required. PB: member Siegel made a motion to find 13-ZTA-02 consistent with the Sarasota City Plan (2030) and find that it satisfies the Standards for Review in zoning Code Section IV-1206 and recommend approval to the City Commission with identified changes. PB member Chapman seconded the motion. Discussion ensued regarding other neighborhood associations rights to file an appeal, the costs of the community workshop requirements being too costly for developers, who has standing to appeal, notifying residents when building permits are applied for, Roberts Rules of Order, the process the City, Laurel Park Neighborhood Association, and developers went through to reach a compromise and property rights. The motion carried 3/2 with PB members Svekis and Gallagher voting no. Mr. Svekis stated his concerns that the proposed changes in the timeframe for processing will cause delays in development, questioned the ability of other neighborhood associations to get involved, and stated given the controls that Minutes of the Special Planning Board Meeting March 27, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 4 are in place one workshop would be sufficient. Mr. Gallagher stated current codes and current process address the issues and therefore he could not support the application. IV. CITIZENS INPUT None V. APPROVAL OF MINUTES By consensus of the Planning Board, the February. 27, 2013 Minutes were approved with one change, deletion of "Vote: 5/0" on the top of page 5. The March 13, 2013 Minutes were approved with the condition the reason for "No" votes be stated. PB: members requested reasons for no votes be included in all future minutes. VI. PRESENTATION OF TOPICS BY STAFF David Smith, General Manager, Integration, requested the Planning Board members provide a list of topics to be discussed with the City Commission at an upcoming workshop. VII. PRESENTATION OF TOPICS BY PLANNING BOARD PB member Svekis requested the status of the Planning Board's presentation to the City Commission on motions. Attorney Connolly stated the Planning Board should state their reasons for their vote while voting on a motion. VIII. ADJOURNMENT The meeting adjourned at 8:13 p.m. dand 2m David Smith, General Manager - Integration Jerhifer n-Koch, Chéir Neighborhood & Development Services Planning Board/LoatPlanning Agency Secretary to the Board]