BOOK 45 Page 17957 12/17/98 6:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 17, 1998, AT 6:00 P.M. PRESENT: : Mayor Jerome Dupree, Vice Mayor David Merrill and Commissioners Mollie Cardamone, Albert Hogle and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : None PRESIDING: Mayor Dupree The meeting was called to order in accordance with Article III, Section 9 (b) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF NOVEMBER 19, 1998, CONCERNING SMALL SCALE AMENDMENT PETITION NO. 98-PA-02 - RECEIVED REPORT (AGENDA ITEM I) #1 (0012) through (0234) Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Ms. Palmer presented the following item from the November 19, 1998, Special PBLP meeting: Petition No. 98-PA-02 111 North Tamiami Trail: Ritz-Carlton Development Ms. Palmer stated that Petition No. 98-PA-02 is a proposed amendment to Future Land Use Map 6 of the City's Comprehensive Plan, also called the Sarasota City Plan, 1989 Edition, to change the subject parcel from the Commercial, Office and Residential to the Commerciai/Residential Land Use Classification and create a new Sub-Area 3 which will be eligible for the Commercial, Central Business District (C-CBD) or less intensive Zone District; that the subject property is the former location of the John Ringling Towers and the proposed location of the Ritz-Carlton development at 111 North Tamiami Trail including adjacent property totaling 9.978 acres; that the PBLP unanimously found Petition No. 98-PA-02 consistent with the City's Comprehensive Plan and recommended Commission approval subject to two restrictions: 1. Public access along or in the vicinity of the bayfront will be provided; and 2. A master site plan will be prepared and submitted by the developer. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to receive the report of the November 19, 1998, Special PBLP meeting. Motion carried unanimously (5 to 0): : Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 2. REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF DECEMBER 2, 1998, CONCERNING THE RITZ- CARLTON DEVELOPMENT PROJECT FOR APPLICATION NOS. 98-CO-08, 98-CU-01, 98-SP-A AND 99-DA-01 - RECEIVED REPORT (AGENDA ITEM II) #1 (0234) through (0573) Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Ms. Palmer presented the following items from the December 2, 1998, Regular PBLP meeting: Application Nos. 98-CO-08, 98-CU-01, 98-SP-A and 99-DA-01 111 North Tamiami Trail: Ritz-Carlton Development Ms. Palmer stated that Application Nos. 98-CO-08, 98-CU-01, 98-SP-A, and 99-DA-01 concern the rezoning, conditional use, site plan, and the development agreement for the proposed Ritz-Carlton development; that Conditional Rezoning Application No. 98-CO-08 is to rezone 5.978 acres from the Residential, Multi-Family (RMF) -5 to the Commercial, Central Business District (C-CBD) Zone District; that Application No. 98-SP-A is a request for site plan approval for a 270-room hotel, 50 residential condominiums, and an 18,000-square-foot meeting space facility; that the PBLP found Application Nos. 98-CO-08 and 98-SP-A consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1989 Edition, as amended by Small Scale Amendment Petition No. 98-PA-02, and the City's tree protection ordinance and recommended Commission approval by a 3-to-1 vote subject to the following: 1. Approval of Small Scale Amendment Petition No. 98-PA-02 2. Execution of the Development Agreement 3. Commission approval of the street closing 4. Execution of the Right-of-Way Use Agreement BOOK 45 Page 17958 12/17/98 6:00 P.M. BOOK 45 Page 17959 12/17/98 6:00 P.M. 5. Incorporation of the seven conditions proffered by the Applicant in the document entitled "Statement of Conditions Proffered by Core Development, Inc., for Conditional Rezoning Application 98-CO-08, Conditional Use Application 98-CU-01 and Site Plan Application 98-SP-A, Proposed Ritz-Carlton otel/Condominium and an eighth condition proffered by the Applicant at the December 2, 1998, Regular PBLP meeting as follows: The Applicant shall meet with the property owners of the Weissgerber, Denny's and Holiday Inn sites to negotiate issues regarding the impact of the proposed Site Plan on these sites and present a proposal to the City Commission on December 17, 1998, to resolve these issues. Ms. Palmer stated that the last proffer was made to address ingress and egress from the properties south of the proposed Ritz-Carlton development, specifically the Denny's Restaurant and the Holiday Inn. Ms. Palmer stated that Conditional Use Application No. 98-CU-01 with accompanying Site Plan Application No. 98-SP-A concerns the following major accessory conditional uses to a hotel: 6,550-square-foot restaurant; outdoor restaurant; hotel bar; outdoor (pool) bar; private club consisting of: 5,620- square-foot restaurant, 20,000-square-foot spa, 800-square- foot service oriented uses as accessory to a hotel such as beauty and barber shops, travel agency, gift shop, book store, jewelry store, clothing store and similar accessory uses as referenced in Section VII-906 (0), Zoning Code (1998) Ms. Palmer stated that the PBLP unanimously voted to find Conditional Use Application 98-CU-01 and Site Plan Application No. 98-SP-A consistent with the City's Comprehensive Plan and the City's tree protection ordinance and recommended Commission approval subject to five stipulations and conditions: 1. Approval of Small Scale Amendment Petition No. 98-PA-02 2. Execution of the Development Agreement 3. Commission approval of the street closing 4. Execution of the Right-of-Way Use Agreement 5. Approval of Conditional Rezoning Application No. 98-CO-08 Ms. Palmer stated that the PBLP also considered the Applicant's request to close a portion of First Street between US 41 and the western boundary line of the intersection of First Street and Cedar Point Drive and a proposed Right-of-Way Use Agreement; that a motion to recommend Commission approval of the street closure failed by a 3-to-1 vote. Ms. Palmer continued that the PBLP found Development Agreement Application No. 99-DA-01 consistent with the City's Comprehensive Plan and recommended execution with the changes incorporated by the City Attorney's Office by a 3-to-1 vote. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to receive the report of the December 2, 1998, Regular PBLP meeting. Motion carried unanimously (5 to 0) : Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Mayor Dupree requested that City Attorney Taylor explain the quasi-judicial process. City Attorney Taylor stated that the quasi-judicial procedure has a higher degree of formality than normally followed in a legislative process as the Commission sits in a semi-judicial role; that evidence, witnesses, and expert witnesses may be presented; that exhibits may be introduced; that the Commission is required by law to base any decisions on competent, substantial evidence; that facts must be presented and placed in the record as part of the proceedings to justify and support the Commission's decisions on the quasi-judicial matters presented; that the Applicant will make a presentation; that individuals can be certified as Affected Persons and make presentations; that the public and the City is also involved in the process; that Affected Person status can be conferred on certain people who have a different interest in the matter. than those of the general public; that Affected Persons are individuals who live within a certain distance of the project or are otherwise more affected by the project than other individuals; that Affected Persons may bring forward witnesses, take testimony, and cross examine witnesses who appear on behalf of the Applicant or the City; that individuals who live in close proximity but who simply wish to present information are in the same category as the rest of the general public; that the quasi-judicial proceedings operate under time limitations; that with the Commission's agreement, the Applicant will make a 50-minute presentation; that Laurence Parry, President of Celt, Inc., who has filed for status as an Affected Person, wishes to make a 30-minute presentation and call witnesses; that all other Affected Persons will be allocated 5 minutes; that the City Staff will be allocated 30 minutes; that other interested persons will be allocated 3 minutes; that the Applicant, the City and Affected Persons will have a right of rebuttal; that the Applicant will be allocated 20 minutes for rebuttal; that Mr. . Parry or his representatives will be allocated 10 minutes for rebuttal; that other Affected Persons have 3 minutes for rebuttal; that the City will be allocated 10 minutes for rebuttal; that other interested persons do not have a right BOOK 45 Page 17960 12/17/98 6:00 P.M. BOOK 45 Page 17961 12/17/98 6:00 P.M. of rebuttal; that any party to the quasi-judicial proceedings other than the general public may request additional time, which will be considered by the Commission on a case-by-case basis. Commissioner Pillot stated that 5 hours will be required to hear the citizens who wish to speak based on the allocated times; that the Commission will not have an opportunity to discuss the issues and reach some very important decisions before approximately 11:30 p.m.i and asked if the Commission should recess and continue deliberations at another time or if deliberations will continue after receiving citizens' input? Commissioner Cardamone stated that the public should limit speaking times if a decision is desired at this time; that the Commission cannot mandate time restrictions as the rules of the quasi-judicial proceedings prohibit such restrictions; that the holiday weeks are approaching; that finding a date to which to continue the meeting prior to the end of January 1999 will be difficult. Vice Mayor Merrill asked if the meeting was called for a certain number of hours or if the meeting is open-ended? City Auditor and Clerk Robinson stated that the meeting is open- ended; however, the Commission's Rules of Procedure call for an 11:30 p.m. adjournment unless the Commission votes to suspend the rules and extend the meeting. Vice Mayor Merrill stated that extending the meeting beyond 11:30 p.m. to begin debate will not be supported; that continuing the meeting to another time would be more appropriate; that Commissioner Pillot's concerns are shared. Commissioner Hogle stated that completing the deliberations is preferred; however, extending the meeting beyond 11:30 p.m. should not be considered an option. Commissioner Pillot asked if extending the meeting requires a Commission vote? City Auditor and Clerk Robinson stated that a supermajority affirmative vote is required. Commissioner Pillot stated that extending the meeting beyond 11:30 p.m. will not be supported as already indicated; that the necessary votes may not be available to extend the meeting. Mayor Dupree stated that the hope is the issue will be completed at this meeting; that hearing no objections, the time limits recommended by the City Attorney are accepted. Mayor Dupree requested that City Auditor and Clerk Robinson explain the public hearing process. City Auditor and Clerk Robinson stated that speakers will be timed and will be advised when 1 minute remains; that speakers including those who filed for certification as Affected Persons are requested to complete a Request to Speak form. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 3. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4098, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1989 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT ACTIVITY AMENDMENT MORE FULLY DESCRIBED IN PETITION 98-PA-02, FILED BY C. ROBERT BUFORD; SAID SMALL SCALE DEVELOPMENT ACTIVITY AMENDMENT CONSISTING OF AN AMENDMENT TO FUTURE LAND USE MAP 6 CREATING A NEW SUB AREA 3 OUT OF PROPERTY PRESENTLY LOCATED IN SUB AREA 2; CHANGING THE DESIGNATION OF SAID NEW SUB AREA 3 TO AN AREA ELIGIBLE FOR COMMERCIAL AND RESIDENTIAL LAND USE AND AN AREA ELIGIBLE FOR C-CBD ZONING; AND AN AMENDMENT TO THE GENERALIZED FUTURE LAND USE MAP TO CHANGE THE DESIGNATION OF THE AREA IDENTIFIED AS SUB AREA 3 FROM W COMMERCIAL OFFICE" AND M RESIDENTIAL" TO W COMMERCIAL, /RESI IDENTIAL; " STATING VARIOUS FINDINGS OF FACT CONCERNING THE ADOPTION OF THIS SMALL SCALE DEVELOPMENT ACTIVITY AMENDMENT; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (PETITION NO 98-PA-02, PETITIONER BRENDA PATTEN, ESQUIRE, AUTHORIZED AGENT FOR C. ROBERT BUFORD) - PASSED ON FIRST READING (AGENDA ITEM III-A) AND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4014, TO REZONE A 9.978 ACRE TRACT FROM RMF - 5 ZONE DISTRICT TO C-CBD ZONE DISTRICT TO ALLOW A 270 ROOM HOTEL, ACCESSORY USES TO A HOTEL AND APPROXIMATELY 50 RESIDENTIAL CONDOMINIUM UNITS ON A PARCEL OF PROPERTY BOUNDED GENERALLY ON THE NORTH BY THE DEVELOPMENT COMMONLY KNOWN AS THE SARASOTA OUAY; ON THE SOUTH BY GULF STREAM AVENUE (S.R. 789) AND FIRST STREET; ON THE EAST BY NORTH TAMIAMI TRAIL (US 41), AND ON THE WEST BY SUNSET DRIVE, A/K/A 111 NORTH TAMIAMI TRAIL APPROVING SITE PLAN 98-SP-A, WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING AND INCLUDES THE 9.978 ACRES TRACT BEING REZONED TO THE C-CBD ZONE DISTRICT AND AN ADDITIONAL TRACT, BOOK 45 Page 17962 12/17/98 6:00 P.M. BOOK 45 Page 17963 12/17/98 6:00 P.M. WHICH REMAINS ZONED RMF-5, FOR A TOTAL OF 11.27 ACRES DEPICTED UPON SAID SITE PLAN FOR THE ABOVE DESCRIBED USES; MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THE REZONING; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NOS. - 98-CO-08 AND 98-SP-A, APPLICANT BRENDA PATTEN, ESQUIRE AUTHORIZED AGENT FOR C. ROBERT BUFORD) - PASSED ON FIRST READING (AGENDA ITEM III-B) AND PUBLIC HEARING RE: PROPOSED DEVELOPMENT AGREEMENT 99-DA-01 BETWEEN THE CITY OF SARASOTA, C. ROBERT BUFORD AND CORE DEVELOPMENT, INC. A KANSAS CORPORATION, CONCERNING THE PROPOSED CONSTRUCTION OF THE OFF-SITE ROAD IMPROVEMENTS NECESSARY FOR THE ISSUANCE OF A CERTIFICATE OF CONCURRENCY FOR TRANSPORTATION (APPLICATION NO. 99-DA-01, APPLICANT BRENDA PATTEN, ESQUIRE, L AUTHORIZED AGENT FOR C. ROBERT BUFORD) - APPROVED WITH REVISIONS IN THE LANGUAGE TO BE DEVELOPED BY THE CITY ATTORNEY ' S OFFICE (AGENDA ITEM III-C) AND PUBLIC HEARING RE: A REQUEST TO CLOSE A PORTION OF FIRST STREET LOCATED BETWEEN US 41 AND THE WESTERN BOUNDARY LINE OF THE INTERSECTION OF FIRST STREET AND CEDAR POINT DRIVE. ADDITIONALLY, A REQUEST TO CLOSE THE PORTION OF CEDAR POINT DRIVE SOUTH OF THE CUTOVER TO SUNSET DRIVE AND NORTH OF THE INTERSECTION WITH GULF STREAM AVENUE. APPROVAL OF A RIGHT- OF-WAY USE AGREEMENT (BRENDA PATTEN, ESQUIRE, AUTHORIZED AGENT FOR C. ROBERT BUFORD) APPROVED INCORPORATING AGREED- - UPON REVISIONS (AGENDA ITEM III-D) #1 (0573) through #3 (2300) City Attorney Taylor stated that proposed Ordinance No. 99-4098 is to approve Petition No. 98-PA-02 which is a small scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1989 Edition, to change the eligible land use for the 9.978-acre parcel located at 111 North Tamiami Trail from the Commercial, Office and Residential to the Commercial/ Residential Land Use Classification which is eligible for the Commercial, Central Business District (C-CBD) Zone District; that Future Land Use Map 6 contains a statement concerning restrictions which will be changed to read as follows if the amendment is adopted: Buffering of uses: public access along or in the vicinity of the bayfront; master site plan by developer City Attorney Taylor stated that proposed Ordinance No. 99-4104 is to approve Conditional Rezoning Application No. 98-CO-08 which is a request to rezone the 9.978-acre parcel from the Residential, Multiple-Family (RMF)-5 to the C-CBD Zone District; that Application No. 98-SP-A is a request for site plan approval and is incorporated in proposed Ordinance No. 99-4104; that the site plan incorporates a closure of First Street and an area along 150 feet of Cedar Point Drive; that Application No. 98-CU-01 is a request for approval of conditional uses such as the restaurant, outdoor restaurant, hotel bar, and other matters which are incorporated in proposed Resolution No. 99R-1140; that Commission approval of the conditional use is pursuant to the City's newly adopted Zoning Code (1998); that Application No. 99-DA-01 is a request to approve the Development Agreement which is required if a project does not meet concurrency requirements and provides for transportation improvements to meet concurrency requirements in the future; that the public can provide input on the request for the street closure and on the configuration of First Street and a portion of Cedar Point Drive as presented in the site plan; that the City is not vacating the right-of-way and will retain ownershipi that a decision will be required on use of the City's property in connection with the Ritz-Carlton development to provide proper access to adjoining properties; that the Applicants are C. Robert Buford and Core Development, Inc. City Attorney Taylor continued that the following persons have applied for and complied with the rules for obtaining Affected Person status: Roger Compton, Elizabeth Arendt, Patricia Bu.lmash, Malene Ryff, Robert Einsweiler, Joanne and Ronald Mustari, Marvin Feinstein, Nina Rojas, Mark Garrison, Janty Lindsey, Joann Carmel, Leonard Apfelbach, Barbara Papa, Eunice Connors, Ray Macaulay, John Wilhelm, III, Tibor Doby, George Carlino, Lawrence Whalen, Evelyn Ladd, Laurence Parry, Hans Weissgerber, Jack Weissgerber, and Jack Neely City Attorney Taylor stated that the following three individuals filed for Affected Person status but did not meet the City's time requirements: Roberta Grunebaum, Fred Raymes, and Mary Lou Kopetz; that the individuals could speak for three minutes as other interested persons; however, the City Attorney's Office recommends the individuals be certified as Affected Persons. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to certify the Affected Persons presented by the City Attorney. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. BOOK 45 Page 17964 12/17/98 6:00 P.M. BOOK 45 Page 17965 12/17/98 6:00 P.M. City Attorney Taylor stated that the Commission is required to disclose any ex parte communications; that Commissioners are not prohibited from having contact to discuss the requests but must acknowledge the discussion on the record. Mayor Dupree stated that no ex parte communications have occurred. Commissioner Cardamone stated that an informational meeting was held with Kevin Daves, President of Core Development, Inc., developer of the Ritz-Carlton project, and Attorney Brenda Patten, agent for the Applicant. Commissioner Pillot stated that ex parte communications have been held; that he attended an informational meeting with Mr. Daves and Attorney Patten; that a telephone call was received from a local citizen not a party to the application expressing personal opinions. Commissioner Cardamone stated that ex parte communications have been held including conversations in the grocery store, at lunch, and throughout the community with people who have expressed a desire to see the project happen or who do not particularly like a specific aspect of the project. Commissioner Hogle stated that ex parte communications have been held with Paul Thorpe of the Downtown Association of Sarasota, Inc.; that all the Planning Board/Local Planning Agency (PBLP) meetings at least within the last three months concerning the issue have been attended; however, no direct contact has occurred with any of the parties. Vice Mayor Merrill stated that ex parte communications have been held. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that certain amendments to the Development Agreement will be required prior to second reading of proposed Ordinance No. 99-4014 which concerns Conditional Rezoning Application No. 98-CO-08; that the City, the developer and the property owner are in agreement regarding the conditions of the Development Agreement; that revisions are required on several minor, non-substantive matters to which the Applicant's agent has agreed; that the City Attorney's Office is seeking permission to make some clarifications and present the changes to the Commission at a later date; that one issue the Commission will be called upon to decide concerns the performance bond; that the City's Zoning Code (1998) requires developers post a performance bond, a cashier's check, or a letter of credit if improvements are required by the terms of the Development Agreement; however, the time at which the performance bond must be posted is not specified; that presumably, the performance bond is negotiable for inclusion in the Development Agreement; that the proposed Development Agreement requires posting the performance bond prior to the issuance of the building permit, which provides the City more protection than if the performance bond is posted prior to issuance of the certificate of occupancy (C.O.) which is the developer's preference; that the Applicant's agent will address the issue; that the Commission may, as a policy decision, determine the performance bond should be posted prior to issuance of the C.O.; that the estimated cost of constructing the improvements has changed from the initial presentation; that the amount of the performance bond is based upon the estimated cost to construct the improvements, which will be addressed during the presentation; and referred to Paragraph 25 of the Development Agreement regarding termination of the agreement as follows: 25. Termination: This Agreement shall terminate and expire upon the earlier of (a) ten (10) years from the effective date of this Development Agreement as defined in paragraph 21 hereof or (b) the date all provisions of this Agreement have been fully performed. Attorney Fournier continued that pursuant to State statutes, the term of the Development Agreement cannot exceed 10 years; that the Development Agreement provides for expiration after 10 years or performance of all the terms and conditions whichever occurs first; that the termination provision must be reconciled with provisions in the Zoning Code (1998) which could result in the termination of the Development Agreement at an earlier date; that for example, a provision in the Zoning Code (1998) provides a certificate of concurrency automatically expires simultaneously with the expiration of the applicable development approval; therefore, the Development Agreement will expire if the site plan expires; that the required changes will be made prior to second reading; and referred to his December 8, 1998, memorandum to the City Auditor and Clerk submitted to the Commission indicating the five roadway improvements required by the proposed Development Agreement as follows: 1. Construction of an extended southbound to westbound right-turn lane on the west side of North Tamiami Trail to accommodate traffic turning right onto Gulf Stream Avenue off North Tamiami Trail. The lane would extend from Gulf Stream Avenue north along the west side of US 41 to Fruitville Road. Construction of improvements includes all appurtenances, such as sidewalks, curbs and drainage. 2. Addition of a second southbound to eastbound left-turn lane on US 41 at its intersection with Fruitville Road to accommodate traffic making a left turn onto BOOK 45 Page 17966 12/17/98 6:00 P.M. BOOK 45 Page 17967 12/17/98 6:00 P.M. Fruitville Road from US 41 and widen US 41 south of Fruitville Road to provide a transition lane for through traffic at this intersection 3. Addition of a third northbound to westbound left-turn lane on US 41 to accommodate traffic making a left turn onto Gulf Stream Avenue from US 41 and an additional westbound lane on Gulf Stream Avenue between US 41 and Sunset Drive to accommodate traffic from the additional left-turn lane on US 41. 4. Removal of the raised median on Fruitville Road between US 41 and Cocoanut Avenue and extend the westbound to southbound left-turn storage lane at that location to accommodate traffic making a left turn onto US 41 from Fruitville Road. 5. Construction of a deceleration lane on the north side of Gulf Stream Avenue east of Sunset: Drive to accommodate traffic making a right turn off Gulf Stream Avenue onto Sunset Drive and an acceleration lane on the north side of John Ringling Causeway west of Sunset Drive to accommodate traffic making a right-hand turn out of Sunset Drive onto John Ringling Causeway. Attorney Fournier stated that three of the five improvements are necessary to meet transportation concurrency requirements; that two have been deemed by the City as being in the public interest and are incorporated in the Development Agreement even though not necessary for transportation concurrency. Mayor Dupree opened the public hearing and requested that the Applicant come forward. Brenda Patten, law firm of Kirk-Pinkerton, P.A., representing the Applicant, came before the Commission and stated that the following members of the project team of the Ritz-Carlton development are present to answer questions: Kevin Daves, President of Core Development, Inc. (the developer) David Edwards, Principal with Edwards Development Services of Atlanta, Georgia, who will be the construction project manager Elizabeth Benac, AICP, Manager of Planning, and Millard Yoder, P.E., Manager of Engineering, Wilson, Miller, Barton & Peek, Inc., consultants for the Ritz-Carlton development Attorney Patten stated that Planning Staff, members of the Development Review Committee (DRC), the City Attorney's Office, and the Administration have worked very hard; that the courtesy and professionalism extended regarding the Ritz-Carlton development are appreciated. Attorney Patten continued that the first issue is the unfortunate inaccuracies and innuendoes recently reported in the press causing needless concern in the community; that a signed operating agreement exists between the developer and the Ritz- Carlton Hotel Company LLC Ritz-Carlton) which commits to bringing a Ritz-Carlton Hotel to the property at 111 North Tamiami Trail; that the Ritz-Carlton development will move forward if the Commission approves the rezoning and the site plan; that following the December 12, 1998, editorial in the Sarasota Herald-Tribune, concern prompted contacting the attorney who handled the operating agreement between the developer and the Ritz-Carlton; that a faxed copy of the operating agreement with authorization to distribute the portion not containing confidential proprietary information was received; that the operating agreement is a 56-page document with the elimination of the confidential section and indicates the operator is experienced in hotel management, a luxury hotel will be constructed upon the premises, and the developer desires to construct a Ritz-Carlton Hotel operated by the Ritz-Carlton in accordance with the established terms and conditions; that the property's legal description in the operating agreement is on Tamiami Trail; that John Williams, Vice President of the Ritz- Carlton Hotel Company LLC, and Kevin Daves, President of Core Development, Inc., signed the operating agreement on September 30, 1998; that the operating agreement proves a commitment between the developer and the Ritz-Carlton if the City approves the rezoning and site plan. Attorney Patten stated further that the next issue is project financing; that a faxed copy of a signed financial commitment from a reputable, solvent lender has been received; however, the agreement cannot be made public due to confidentiality; that the lender committed to financing the Ritz-Carlton development subject only to the developer's acceptance of the offer and preparation of loan documents; that the financial commitment is sound and solid; that the developer is expected to sign the financial agreement after Commission approval of the rezoning, site plan, and other documents; that the Ritz-Carlton operating agreement is in place; that the financing commitment is available for signature as soon as the City's approval is obtained; that a concern has been raised that another developer could build an inferior project using the City's concessions if the Ritz-Carlton development is not built; and referred to the following condition incorporated in the minutes of the December 2, 1998, Regular PBLP meeting: 7. The Petitioner proffers Site Plan 98-SP-A as a condition of rezoning BOOK 45 Page 17968 12/17/98 6:00 P.M. BOOK 45 Page 17969 12/17/98 6:00 P.M. Attorney Patten stated that if the Commission approves the rezoning and the site plan, a new developer would be required to go through the City's approval process unless the Ritz-Carlton Hotel, the conference center, the private club and all the amenities are built as indicated on the site plan; that the developer is not asking for a concession regarding height; that the design and height of the proposed Ritz-Carlton development are permitted in the C-CBD Zone District; that variances or concessions regarding height in the C-CBD Zone District are not being sought; that the Zoning Code (1998) allows for 185 feet measured from the Federal Emergency Management Agency (FEMA) elevation; that chimneys, elevator shafts, etc., on top of buildings are not included in the height nor are decorative, uninhabitable cupolas, spirals, etc.; that the proposed Ritz- Carlton development has the characteristic Ritz-Carlton Hotel signature ornamentation and various spirals and cupolas on top as permitted in the C-CBD Zone District; and submitted the resumes of the project team and the traffic study from Tindale, Oliver and Associates, Inc., into the record. Attorney Patten continued that the 1986 Downtown Sarasota: Master Plan for Tomorrow (May 1986) indicating the subject property is ideal for a hotel and conference center such as proposed is incorporated into the record by reference; that an issue at the November 19, 1998, Special PBLP meeting was the request by the Sarasota Quay (the Quay) for a pedestrian connection between the pool area of the Ritz-Carlton Hotel and the Quay; however, the request is a private matter between adjoining property owners and should not be a bayfront corridor issue; that the developer has proffered a 12-foot bayfront corridor with a 2-foot clearance on either side for a total of 16 feet; that the Quay suggested an unobtrusive, 3-foot pedestrian connection to the Quay which City Staff indicated would not qualify as a pedestrian element which should be clearly marked with signage and wide enough for normal pedestrian use; that the Quay developers were requested to provide a bayfront corridor during development years ago but refused; that no corresponding bayfront corridor exists on the Quay's property; and referred to Paragraph 6(4) of the Development Agreement concerning the performance bond as follows : 6 (4) Prior to the issuance of a building permit for any development on the project site, Developer shall deposit with City a cashier's check, or a payment and pertormance bond, or a letter of credit. Attorney Patten stated that a letter of credit or performance bond is required upon issuance of a building permit, which will be issued in the spring of 1999; that under State law, commencement of traffic improvement construction for concurrency is not required until three years from the issuance of the C.O.; therefore, construction is not required to commence until the year 2003 if a C.O. is issued in the year 2000; that the original Development Agreement approved by Staff and sent to the PBLP indicated the developer must post a letter of credit upon issuance of the C.O., which would provide the developer a three- year window to construct the improvements required by State law; that requiring the developer to post a letter of credit in 1999 does not seem fair if the improvements are not required until the year 2003; that the developer requests the letter of credit be posted upon issuance of the C.O.; that the developer will not forego a C.O. to open the Ritz-Carlton Hotel due to a letter of credit for a $200,000 improvement; that other additional changes to the Development Agreement and the Right-of-Way Use Agreement are acceptable; that the changes will be brought before the Commission at the January 4, 1999, Regular Commission meeting. Attorney Patten entered into the record a December 17, 1998, Draft Agreement between the Holiday Inn/Denny's Restaurant (Denny's) and the developer concerning access and parking; and stated that the issue of closing First Street while still providing access to Denny's and the Holiday Inn has been resolved; that the parties have agreed in concept; that a few minor modifications are required; that the Draft Agreement will be incorporated into the Right-of-Way Use Agreement which the City Attorney's Office will bring back to the Commission in final form at the January 4, 1999, Regular Commission meeting. Kevin Daves, President of Core Development, Inc., William Moore, Attorney for Celt, Inc.. and Laurence and Valerie Parry, owners of the Denny's and the Holiday Inn under the corporate name of Celt, Inc., came before the Commission. Attorney Moore referred to a concept drawing entitled "Partial Plan, Ritz Carlton Hotel Entry" prepared by Land Resource Strategies, Inc. (LRS), indicating the proposed access and parking; and stated that the developer and Celt, Inc., have reached a conceptual agreement regarding access and parking to the Holiday Inn and Denny's site; and referred to the Draft Agreement which provides: 1. The off-site parking now available to Denny's along First Street and the on-site parking lost along US 41 in front of Denny's due to the proposed continuous right-turn land will be replaced as depicted (on the concept drawing). . . The eastern driveway of Denny's on First Street at the corner of First Street and US 41 will be replaced with a driveway on US 41, right-turn- n/Figat-tur-out. 2. Core Development, Inc., will bear all reasonable costs of such replacement access and parking, including but not limited to, costs of construction, paving, landscaping, signage moves and expert fees (engineering and land planning costs incurred to date by Celt, Inc.) BOOK 45 Page 17970 12/17/98 6:00 P.M. BOOK 45 Page 17971 12/17/98 6:00 P.M. and attorneys fees incurred by Celt, Inc. Such costs will be reimbursed in a timely manner within 60 days of receipt of the invoiced amount. 3. The City of Sarasota will amend the Right-of-Way Use Agreement and the Developer's Agreement to conform with this agreement . Attorney Moore stated that Attorney Fournier has agreed to amend the Right-of-Way Use Agreement and the Development Agreement if acceptable to the Commission; that the Right-of-Way Use Agreement will provide for the closure of the existing First Street adjacent to Denny's and the replacement of First Street by the new Ritz-Carlton Boulevard north of First Street; that Celt, Inc., and the public will have rights of access to Ritz-Carlton Boulevard; that Celt, Inc., its successors and assigns will be granted a perpetual parking and access easement over the existing First Street for replacement parking; that the rights granted to Celt, Inc., are for 17 parking spaces; and referred to the Draft Agreement which further provides: 4. Modification of the Concept Plan for replacement access and parking will only occur with the mutual agreement of Celt, Inc., its successors or assigns, and Core Development (or Ritz-Carlton), and with the concurrence of the City of Sarasota. 5. Core Development shall, in conjunction with its own driveway permit request, secure from the FDOT an access driveway along US 41 in front of Denny's as depicted on the concept plan. Core shall obtain the necessary permit and approvals to accomplish that goal. Core shall not object to Celt, Inc.'s request to keep a US 41 median opening at the intersection of the new Ritz- Carlton Boulevard and US 41. Attorney Moore stated that neither Core Development, Inc., nor the City has the authority to leave the US 41 median open; that the Florida Department of Transportation (FDOT) has final authority; however, Celt, Inc., is requesting no objections be raised by the developer or the City concerning the median; and referred to the Draft Agreement which provides further: 6. Celt, Inc., agrees to dedicate upon request the land necessary for one continuous right-turn lane approximately 125 in length in front of the existing Denny's. Attorney Patten stated that the Draft Agreement is acceptable subject to minor revisions of the language. Attorney Moore stated that minor revisions are acceptable as long as the essence of the agreement does not change. Mr. . Parry stated that originally a presentation with slides, photographs, and films was planned but is no longer required; that meetings in the last four days with the developer and City officials have resulted in agreements concerning the First Street closure and the loss of present parking on the Holiday Inn and Denny's property; that the City Manager's efforts in orchestrating a meeting between Celt, Inc., the developer and City Staff are appreciated; that the agreement between the developer, the City and the Parry family is proof the small businessperson's concerns are respected; that common sense prevailed; that customers to Denny's and guests to the Holiday Inn will still be able to arrive by entering directly from US 41 as opposed to entering by the service entrance next to the dumpsters and exterior walk-in retrigerators; that the Holiday Inn and Celt, Inc., have never been opposed to the Ritz-Carlton development, which can only be great for the City and everyone in the City; that a Ritz-Carlton Hotel, the arrival of which is greatly anticipated, places the City on a new plateau; that the Ritz-Carlton development can only improve business for Denny's, especially if coupons for Denny's grand slam breakfast are left on the pillows of each Ritz-Carlton Hotel guest; that Celt, Inc., would like to thank Attorney Moore publicly. Commissioner Pillot asked if the Administration agrees the agreement between Celt, Inc., and the developer is positive? City Manager Sollenberger stated yes; that the majority of issues presented for Commission consideration are quasi-judicial, that the Administration does not make recommendations on quasi- judicial matters; however, the Administration may make a recommendation on the legislative issue of the Right-of-Way Use Agreement as modified by the Draft Agreement reached by the parties, which is supported. Mr. Daves stated that a Ritz-Carlton Hotel in Sarasota has a natural sound; that the elegance of a Ritz-Carlton Hotel and the cultural beauty of Sarasota, Florida, have an appropriate alliance; that five years ago, Core Development, Inc., first came to Sarasota and saw the exceptional site in the middle of one of the most exciting areas on earth; that an opportunity, but more importantly a responsibility, was recognized to deliver a project which reflects the community's appreciation of beauty, culture, and quality of lifestyle; that a Ritz-Carlton Hotel seemed natural; that in the last 20 years, Ritz-Carlton Hotels have proven an asset in the 35 locations around the world and a good neighbor to their immediate surrounding areas; that the Ritz- Carlton Hotel in Sarasota will not be an exception; that the dream of a Ritz-Carlton Hotel had already been conceived but not fulfilled by none other than John Ringling approximately 70 years ago; that during the past six months, many neighbors have been BOOK 45 Page 17972 12/17/98 6:00 P.M. BOOK 45 Page 17973 12/17/98 6:00 P.M. met; that the concerns and often the excitement about the Ritz- Carlton development have been heard; that an effort was made to incorporate the suggestions shared by neighborhood associations and many who live and work nearby; that no plan is perfect; however, the proposed project will add to the lifestyle of the neighbors and the many pedestrians and bicyclists who can use the well manicured paths; that guests from all over the world can experience a first caste of Sarasota through the Ritz-Carlton Hotel. Mr. Daves continued that Phase I of the project is a 270-room hotel with 27 suites and 18,000 square feet of first class conference space; that the first 9 floors will include a lobby and 8 floors of hotel rooms; that the next 8 floors will be condominiums; that approximately 50 condominiums will be located on top of the hotel; that condominium owners can utilize all the services of the Ritz-Carlton Hotel and the concierge service; that Phase II consists of approximately 80 condominiums, for a total of 130 condominiums, each having the full use of the Ritz- Carlton Hotel services; that the developer tried to incorporate all the amenities Sarasota offers, including shopping in the downtown area and on St. Armands Circle, boating in Sarasota Bay and the Gulf of Mexico, and the museums and concert facilities; that the development will include a beach club, a 20,000-square- foot health spa, and 45 holes of championship golf in the future; that the amenities will be managed by Ritz-Carlton and will be available to the public through a members' club at the Ritz- Carlton Hotel; that the members' club will be a first, allowing hotel guests and the general public to join the membership and experience the Ritz-Carlton Hotel; that the efforts of everyone in the City, the Staff, the Planning Department, the Engineering Department, the Zoning Division, and the Administrative Division are appreciated for the highest level of professionalism experienced in 20 years as an architect and developer; that the City's efforts only reinforce the decision that Sarasota Ritz- Carlton Hotel will be the finest. Mr. Daves stated further that the Ritz-Carlton Hotel pool and deck area will be located behind the hotel on the water; that some water features and the garden area will also be located on the bayfront; that the conference and parking areas will be located next to the hotel toward US 41; that City Staff suggested designing the roadway so the Ritz-Carlton development could be linked with the Selby Public Library and City Hall in the future; that an effort was made to incorporate the suggestion; that a link with First Street provided an opportunity for architectural alignments which are impressive; that the height of the Ritz- Carlton Hotel has been increased due to requirements of the Federal Emergency Management Agency (FEMA) i that the Ritz-Carlton Hotel will have three different plaza entryways; that Cedar Point Drive will be used as a more decorative entryway and can be utilized by neighbors of the Ritz-Carlton development; that One Watergate condominium residents can use Sunset Drive which will have a traffic signal not available currently; that Sunset Drive is very residential; that the approximately 130 condominium residents and other neighbors along Sunset Drive are very concerned about shielding from commercial use; that the Ritz- Carlton condominium parking garage will be off Sunset Drive; that condominium residents will enter underneath the club, park in the parking garage and take a separate elevator from the hotel directly up to the condominiums; that the parking entryway for Phase II will be off of Sunset Drive; that guests of Phase II condominiums will utilize the entry off of the hotel; that the separate entryways keep the surrounding neighbors and the Ritz- Carlton condominiums residential; that closing First Street provides an opportunity to incorporate a walking path and a more lavish landscaping plan for use by the Ritz-Carlton guests and neighbors. Mr. Daves further stated that the south elevation of the Ritz- Carlton Hotel is a Classic design, incorporating the architecture and details of the other historic buildings in Sarasota; that the design is an appropriate style; that the Ritz-Carlton has reviewed and approved the development plans; that the elevation of the Ritz-Carlton Hotel is 180 feet; that the rooftop design includes some unimposing decorative details; that the penthouse elevator has some larger but still subtle details; that the Ritz- Carlton Hotel rooms are resort-sized and include a six-foot resort balcony; that the condominiums will be among the most exciting in Sarasota; that the parking garage elevation will also include an architecturally decorative design; that the Ritz- Carlton Boulevard entryway will be impressive; that an effort has been made to meet with all concerned parties and be sympathetic to the neighbors; that hopefully, the Draft Agreement with the Holiday Inn: indicates the developer is very concerned about and willing to work with neighbors; that the Ritz-Carlton development will be an asset to the community; that the project is very exciting. Mayor Dupree requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission; and referred to a document entitled "S Summary of Consistency Analysis with the 1989 Edition of the Sarasota City Plan" as follows: Chapter Consistency Land Use Yes Capital Improvements N/A Governmental Coordination Yes Transportation Yes Utilities Yes Housing Yes BOOK 45 Page 17974 12/17/98 6:00 P.M. BOOK 45 Page 17975 12/17/98 6:00 P.M. Open Space and Recreation Yes Conservation Yes Coastal Management Yes Gerald Chapin, Senior Planner, Planning and Development Department, came before the Commission and stated that priority processing was applied for and granted by the Administration; that application was made on September 21, 1998; that a September 30, 1998, letter from Richard Winters, Engineering Technician, and Dennis Daughters, Director of Engineering/City Engineer, to Attorney Patten detailed the requirements of the Engineering Design Criteria Manual (EDCM) in relation to the development; that a traffic study was conducted by Tindale, Oliver and Associates dated September 1998, and revised October 12, 1998; that in an October 28, 1998, memorandum, the Director of Building, Zoning and Code Enforcement indicated the plans were reviewed for compliance with landscaping, open space, lot coverage, number of parking spaces, setbacks, and height, including the cupolas and spires; that uninhabitable space is not included in height calculations; that the DRC reviewed the plans on October 30, 1998, and determined the project meets the technical requirements of the Zoning Code (1998) i that at the December 2, 1998, Regular meeting, the PBLP found the Conditional Rezoning Application No. 98-CO-08 and Site Plan Application No. 98-SP-A consistent with the City's Comprehensive Plan and the City's tree protection ordinance and recommended Commission approval by a 3-to-1 vote; that the PBLP also found Conditional Use Application No. 98-CU-01 consistent with the City's Comprehensive Plan and unanimously recommended Commission approval; that the PBLP recommended Commission approval of Development Agreement Application No. 99-DA-01 required to meet transportation concurrency requirements by a 3-to-1 vote; that a PBLP motion to approve the street closure failed by a 3-to-1 vote. Asim Mohammed, Assistant City Engineer, came before the Commission, distributed copies and referred to computer-generated Slides throughout the presentation, and stated that the two primary issues are: 1) transportation concurrency and 2) traffic circulation; that the City is mandated by State law to assure no development orders are issued degrading the level of service (LOS) on City streets; that the City has adopted a LOS D for all State highways; that the City's Comprehensive Plan also requires the consideration of traffic circulation to assure: Safe and efficient driveway operation Pedestrian, bicycle and vehicular safety Efficient traffic circulation around the site Mr. Mohammed stated that the traffic study was conducted by the City's consultant, Tindale, Oliver and Associates; that upon completion, Phases I and II of the development will generate approximately, 340 trips during the p.m. peak hour which occurs between 4 and 6 p.m.; that 208 of the 340 trips will enter the site; that 132 trips will exit the site; that the impacts of all the proposed major projects in the area including the Renaissance of Sarasota and the Sarasota Bay Club were considered; that the Ritz-Carlton development will generate additional traffic as follows: Current PM Additional trips Road Peak Hour Trips (Percent Increase) Fruitville Road 1,100 97 (8.8 percent) US 41 3,377 182 (5.4 percent) Gulf Stream Avenue 3,776 143 (3.8 percent) Mr. Mohammed stated that Fruitville Road currently has a LOS D eastbound and LOS F westbound; that the Ritz-Carlton development will not further degrade the LOS considering the growth in traffic and other new projects; that US 41 currently has a LOS F in both directions between Gulf Stream Avenue and Fruitville Road; that US 41 will improve from LOS F to D northbound and LOS F to E southbound after the project is completed and improvements made; that Gulf Stream Avenue from US 41 to St. Armands Key is currently LOS B in the eastbound and westbound directions; that in the year 2000, Gulf Stream Avenue will go from LOS B to C eastbound and the LOS westbound will remain the same; that the anticipated distribution of traffic is: 100 vehicles entering the Ritz-Carlton from US 41 30 vehicles exiting the Ritz-Carlton to US 41 99 vehicles exiting the Ritz-Carlton using Sunset Drive 4 vehicles exiting the Ritz-Carlton towards the keys 98 vehicles exiting Gulf Stream Avenue west to the Ritz-Carlton 9 vehicles exiting Gulf Stream Avenue east to the Ritz-Carlton Mr. Mohammed stated that several improvements are required to achieve transportation concurrency; and referred to a computer- generated slide indicating the necessary improvements as follows: Add an additional southbound to eastbound left-turn lane at the intersection of US 41 and Fruitville Road Add an additional northbound to westbound left-turn lane at the intersection of US 41 and Gulf Stream Avenue, including widening of Gulf Stream Avenue from US 41 to Sunset Drive Extend existing southbound to westbound right-turn lane on US 41 to Fruitville Road BOOK 45 Page 17976 12/17/98 6:00 P.M. BOOK 45 Page 17977 12/17/98 6:00 P.M. Mr. . Mohammed stated that Staff continues to look for alternatives with less impact on the pedestrian facilities and roadways; that presently a short right-turn lane exists in front of the Holiday Inn; that the traffic study recommends the right-turn lane be extended to Fruitville Road, providing more storage for traffic going to the keys and coming off Fruitville Road while not obstructing the flow of through-traffic on US 41; that the intersection of Gulf Stream Avenue and Sunset Drive was planned for signalization 8 or 9 years ago; that FDOT imposed a condition the signal would be warranted only if the City closed Cedar Point Drive with Gulf Stream Avenue connected to Sunset Drive; that all traffic from One Watergate would have access to a signalized intersection which is not currently available; that for safety reasons, Ritz-Carlton Boulevard will be restricted to right-turn in/right-turn out only; that a left-turn in/left-turn out of Ritz-Carlton Boulevard is not recommended due to anticipated traffic congestion; that all northbound traffic from the Ritz- Carlton Boulevard can use the Sunset Drive and Gulf Stream Avenue intersection. Mr. Mohammed continued that several meetings were held with the neighbors of the Ritz-Carlton development; that people from the Sunset Drive area expressed concern about access to and from Sunset Drive due to the traffic from the Ritz-Carlton development; that traffic will continue to move on US 41; that traffic from Sunset Drive will be stopped at a stop sign; that the traffic from the Ritz-Carlton development and One Watergate will not be able to use Sunset Drive, which could create congestion; that another traffic study of Sunset Drive and the relocated Cedar Point Drive will be conducted one or two months after the Ritz-Carlton Hotel opens; that a multi-way stop sign will be installed to assure all traffic has the same rights of ingress to and egress from Sunset Drive if residents are experiencing long delays; that a detailed study has been conducted for the intersection of Gulf Stream Avenue and Sunset Drive which indicates the intersection will operate safely and substantial delays will not be experienced; that currently the intersection of Sunset Drive and Gulf Stream Avenue has one outbound and one inbound lane; that the developer has proposed two outbound lanes, one left turn and one right turn, and two inbound lanes; that a separate left-turn lane will be provided for traffic going onto Sunset Drive; that the Ritz-Carlton development will meet transportation concurrency requirements and all driveways will operate in a safe and efficient manner once all improvements are made; that the original Development Agreement included estimated costs for the improvements necessary to meet transportation concurrency which were recently recalculated to include utility relocation; that the revised cost estimates will be included in the Development Agreement. Attorney Fournier stated that the revised cost estimates are not currently but will be incorporated in the Development Agreement for second reading of the ordinances; that the streets are City streets; therefore, a provision for review of the intersection of Sunset Drive and Cedar Point Drive two months after the official opening of the Ritz-Carlton development is not necessary. Mr. Mohammed stated that the revised cost estimates presented to the PBLP are: $200,000 initially presented for the intersections of Gulf Stream Avenue and US 41 and Fruitville Road revised to $395,000, and $410,000 initially presented for the improvements to the intersection of Gulf Stream Avenue and US 41 revised to $525,000. Attorney Fournier stated that the 180-foot maximum height in the C-CBD Zone District has been retained exclusive of additional height permitted; and quoted from the Development Agreement concerning additional height as follows: 2. Description of Development Uses . the 180 foot height limitation does not include spires, belfries, cupolas, ventilators, elevator shaft enclosures, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Likewise, the 180 foot height limitation does not include non-habitable architectural features, (including roofs) extending up to twenty (20) feet above the eave line. Attorney Fournier stated that the issue of height is one factor in the Commission's consideration of approval or denial of the C-CBD Zone District; that denial on the basis of excess height alone must be based on competent, substantial evidence of the proposed height interfering with the use and enjoyment of neighboring properties; that height characterization applies not only to the Ritz-Carlton development but also to any development constructed in the future in the C-CBD Zone District; that height is a district-wide regulation not specific to a particular project; that density and intensity are addressed in the Development Agreement as follows: 2. Description of Development Uses: The project shall be developed in two phases and shall include the following components: PHASE I: 270-room hotel; 50 condominiums 18,000 square feet of meeting space 6,500-square-foot restaurant 800 square feet of service-oriented/commercial uses outdoor restaurant, hotel bar, outdoor pool bar, private club BOOK 45 Page 17978 12/17/98 6:00 P.M. BOOK 45 Page 17979 12/17/98 6:00 P.M. PHASE II: 80 to 85 condominiums private docks/boat slips Attorney Fournier stated that the rezoning applies only to Phase I; however, the transportation concurrency analysis was performed for Phases I and II and on the basis of use proposed by the developer; that the maximum density for both phases will not exceed 270 hotel rooms and 130 condominium units; that the comparison with the maximum theoretical density under the existing RMF-5 Zone District is 16 dwelling units less than the theoretical maximum allowed under the RMF-5 Zone District; that 25 dwelling units to the acre is the maximum allowed under the RMF-5 Zone District; that the total site for Phases I and II is approximately 11.25 acres with an allowable density of 25 dwelling units per acre providing for allowable total density of 281 dwelling units in the RMF-5 Zone District; that density can be doubled for hotel rooms; therefore, 270 hotel rooms equates to 135 dwelling units added to the 130 condominiums resulting in a total density for Phases I and II of the equivalent of 265 dwelling units, or 16 dwelling units less than the allowed maximum of 281 dwelling units in the RMF-5 Zone District; that a two-year extension is allowed if no building permit is issued under the provisions of the Zoning Code (1998); that the rezoning ordinance will expire if no building permit is issued within two years of approval; that the Zoning Code (1998) provides a certificate of concurrency will automatically expire with expiration of a development agreement; that a new site plan and transportation analysis is required if a development agreement expires; and referred to Section IV-1108, Zoning Code (1998), concerning modifications as follows: Section IV-1108 Changes to Rezonings A modification of any rezoning shall be processed in the same manner as the original application. Attorney Fournier stated that the Zoning Code (1998) requires all modifications have a new transportation concurrency analysis and a new site plan review by the PBLP and the Commission; that all proposals must be evaluated based on suitability of the site plan for the particular land use and zone district; that operation by a particular facility operator or owner is not guaranteed; however, the ultimate facility owner or operator must find the specific, approved site plan suitable or reapplyi that speculation concerning a budget hotel is not realistic as the specific site plan does not work for a budget hotel; that the Bickel House is addressed in the Development Agreement; that a certificate of appropriateness must be issued before the Bickel House can be relocated or demolished; that the Development Agreement requires the owner file an application for either the removal or demolition of the Bickel House within 180 days after approval of the rezoning application; that either the Historic Preservation Board or the Commission through an appeal has the ability to approve or deny the request for relocation or demolition of the Bickel House; and referred to Paragraph 6 (B) (5) of the Development Agreement providing: Developer's failure to appeal the denial of a certificate of appropriateness by the Historic Preservation Board within the thirty (30) day time period established by Section IV-810 [Zoning Code (1998)1; or alternatively, the denial of a certificate of appropriateness by the City Commission upon appeal shall render this Development Agreement null and void. . Attorney Fournier stated that the rezoning ordinance indicates the issuance of a certificate of appropriateness is made preceding the effectiveness of the rezoning; that the Right-of- Way Use Agreement is a legislative matter before the Commission; that the Development Agreement must be amended to incorporate the amendment to the Right-of-Way Use Agreement reached by the developer and Mr. Parry; that the amendment will require designating Mr. and Mrs. Parry, owners of the Holiday Inn and Denny's site, a party to the Development Agreement; that the Right-of-Way Use Agreement will define the terms and conditions under which the City is willing to physically close and barricade a City street; that the City Auditor and Clerk will schedule a public hearing on the construction phasing plan so citizens in the vicinity are informed of the developer's construction plans and the approximate periods during which property access will be impaired; that the public hearing is not intended as an opportunity to revisit the site plan or the rezoning approvals but only to consider the area's roadway improvement construction schedule. City Auditor and Clerk Robinson entered the following letter into the record: Letter dated October 23, 1998, from J.R. Lovell, P.E., Assistant District Traffic Operations Engineer, Florida Department of Transportation (FDOT) to Dennis Daughters, Director of Engineering/City Engineer regarding Section 17030 State Route (SR) 789 at Sunset Drive/Golden Gate Point The Commission recessed at 8:00 p.m. and reconvened at 8:12 p.m. Mayor Dupree requested that Affected Persons come forward; and the following Affected Persons came before the Commission. Leonard Apfelbach, Representative of the Lawrence Point Condominium Association, 99 Sunset Drive, (34236), stated that the Lawrence Point condominiums consist of 41 units located at the end of Sunset Drive, are the closest neighbors to the Ritz- BOOK 45 Page 17980 12/17/98 6:00 P.M. BOOK 45 Page 17981 12/17/98 6:00 P.M. Carlton development, and have an adjoining lot line with the Ritz-Carlton development; that the Lawrence Point Condominium Association is concerned about the traffic on Sunset Drive; that the beautiful entrance to the Ritz-Carlton development will rarely be used due to the lack of turning ability at the site; that the plans call for an island on US 41 which prevents vehicles from going north; that vehicles will be unable to cross US 41 due to traffic; that vehicles from the south and downtown will be unable to enter the Ritz-Carlton development; that the entrance and exit on US 41 will be useless; that the pictures the developer has shown are very beautiful; however, people have no place to go; that no sidewalks for people or bicycles are planned; that the majority of traffic from the Ritz-Carlton development, the existing condominiums including One Watergate, the future condominiums, and the meeting facilities will be traveling in and out of Sunset Drive, which will make traffic difficult for residents on Sunset Drive and those living in the Sunset Towers, Le Chateau, and Lawrence Point condominiums. Mr. Apfelbach stated that a traffic signal should be installed at US 41 and Ritz-Carlton Boulevard, allowing travel directly downtown and north to Fruitville Road, the Van Wezel Performing Arts Hall (VWPAH), the airport, etc.; that currently, traffic through Sunset Drive creates traffic jams at the corner of Gulf Stream Avenue and US 41; that a yield sign should be installed on Ritz-Carlton Boulevard to facilitate exiting from Sunset Drive, leaving Cedar Point Drive open and relieving some traffic from Sunset Drive; that in 1989, the State indicated Cedar Point Drive must be closed; that the City has not petitioned the State to leave Cedar Point Drive open; that the traffic studies were conducted long before the Ritz-Carlton development was planned; that Sunset Drive is inaccessible in peak season, particularly at the opening of the John Ringling Causeway Bridge; that the traffic backs up to the corner of Gulf Stream Avenue and US 41 and will be unable to enter and exit the Ritz-Carlton development; that traffic could be reduced by installing a traffic signal at US 41, a yield sign at Ritz-Carlton Boulevard and Sunset Drive, and leaving Cedar Point Drive open; that other than the potential traffic problem, the Ritz-Carlton development will be a great asset to the City and a good neighbor. Eunice Connors, President of One Watergate Condominium Association 1111 North Gulf Stream Avenue, #9-D (34236), stated that the Ritz-Carlton development will create a wonderful environment in the neighborhood and the City; that the President of the One Watergate Condominium Association has a responsibility to assure the condominium owners' rights and properties are protected; that development of a Right-of-Way Use Agreement protecting the rights in perpetuity of guests and service vehicles to use the newly created Ritz-Carlton Boulevard formerly First Street and Cedar Point Drive has been requested; that standards to which the owner will be held in maintaining the roads over which traffic will travel to and from area condominiums should be developed; that the One Watergate Condominium Association has received assurance an area large enough for a moving van to maneuver at One Watergate will be accommodated; that the concerns regarding stormwater runoff have been addressed in the Development Agreement; that assurances have been received no new development could be built on the site without the PBLP and the Commission again holding public hearings if the Ritz-Carlton development is not constructed as proposed; that a neighborhood meeting was held with the developer and the developer's legal counsel, Attorney Patten; that plans were shown indicating the closure of Cedar Point Drive; that citizens spoke with the developer about keeping Cedar Point Drive open and installing a traffic signal at Sunset Drive; that the developer agreed; that requests to install a traffic signal at Sunset Point Drive were sent to the Florida Department of Transportation (FDOT), the City, and Shirley Brown, State Representative for the 69th House District; that the City and State insisted Cedar Point Drive be closed at the juncture with Gulf Stream Avenue in accordance with an agreement with the State to provide a traffic signal at Sunset Drive; that life and limb is being risked on Cedar Point Drive, Gulf Stream Avenue and US 41 due to the heavy traffic volume; that vehicles will be required to come to a complete stop to turn into the driveway at One Watergate; that the additional traffic will increase the possibility of rear-end traffic collisions; that the road will become the Indianapolis Speedway once incoming traffic to the Ritz-Carlton development passes One Watergate's incoming driveway; that One Watergate would have to give up land for a deceleration lane for traffic to slow down for a right turn; that the originally proposed plan offered One Watergate a beautifully landscaped roadway to a traffic signal which would safely allow traffic to make a right or left turn onto Gulf Stream Avenue which is the only plan acceptable; that the City and State must provide One Watergate access to a traffic signal on Sunset Drive as Cedar Point Drive must be closed in accordance with a letter from FDOT in 1989; that the Closure of Cedar Point Drive would not have created a problem if the City had installed a traffic signal on Sunset Drive years ago; that One Watergate residents are being directly impacted by the arrival of the Ritz-Carlton development;, that a large hotel with accompanying traffic is not in the best interest of One Watergate residents; however, the Ritz-Carlton development is supported and is in the best interest of the Cityi that a developer living in One Watergate reviewed the plans of the Ritz- Carlton development and indicated the plans were the most complete and comprehensive plans ever seen and demonstrate concern for the neighbors. John Wilhelm, III, 1111 North Gulf Stream Avenue, #7-D (34236- 5533), Bob Einsweiler, 11 Sunset Drive (34236) Roger Compton, 11 Sunset Drive, #506 (34236) and Larry Whalen, President of the BOOK 45 Page 17982 12/17/98 6:00 P.M. BOOK 45 Page 17983 12/17/98 6:00 P.M. Sunset Towers Condominium Association, 11 Sunset Drive, #301 (34236). Mr. Wilhelm stated that his primary view to the north will be facing the proposed Ritz-Carlton development, which is supported despite the impending view of a very large hotel; that the Ritz- Carlton development is good for the City and the neighbors; that the traffic plans make sense; that the development should be allowed to move forward; that prior personal responsibilities included finances, purchases and development of large scale properties including hotels as a commercial real estate investment associate of a major life insurance companyi that many worthy, well planned projects were scuttled for sometimes the strangest and simplest reasons; that the City is commended for taking all possible appropriate measures to protect the neighbors and the City if the project does not move forward; that the Commission and Staff have worked hard to protect the area's citizens; that access to and maintenance of the roadways is a concern; that the City should guarantee the roads will be maintained if anything happens to the project; that the installation of a traffic signal at US 41 and Ritz-Carlton Boulevard is outside the City's jurisdiction; however, a traffic signal would be beneficial to the traffic situation; that traffic will have to use the Sunset Drive exit if the State denies a traffic signal on Ritz-Carlton Boulevard. Mr. Einsweiler stated that the Ritz-Carlton development, which was designed with the neighbors in mind, will be a good neighbor; that the developer spent considerable time with all the neighbors; that the development was designed to treat Sunset Drive as residential with the service and resulting noise at the back of the hotel away from the condominiums; that the condominium residents are thankful citizens will not have to worry if the project proceeds under different plans; that any new developer will be required to follow the same process; therefore, the condominium owners are protected; that the primary traffic problem is with the Sunset Drive and Cedar Point Drive extension; that Staff provided a good analysis of the traffic flow; however, traffic flow is not the problem; that the problem is the traffic which is not flowing, i.e., the traffic stacking up at rush hours and on Saturday and Sunday afternoons extending to and effectively closing off Sunset Drive; that vehicles cannot exit Sunset Drive even with a green traffic signal; that the greatest problem is the design of Cedar Point Drive, which takes precedent and becomes a primary road with Sunset Drive becoming a secondary road; that Staff proposed installing a stop sign on Sunset Drive which would cause traffic from Cedar Point Drive to go across Gulf Stream Avenue; that Sunset Drive has 250 condominiums with no stop signs or traffic signals; that traffic stacks up and blocks the Sunset Towers driveway; that residents and emergency vehicles will not be able to exit and enter; that a deceleration lane is useless as traffic cannot move up Sunset Drive; that Staff suggested conducting another traffic study two months after the Ritz-Carlton development opens to determine if installing a second stop sign would be warranted, which is unacceptable; that the only acceptable solution is contrary to the Institute of Transportation Engineers (ITE) manual, i.e., a stop or yield sign should be installed on Cedar Point Drive allowing traffic on Sunset Drive to continue; that neighbors of the Ritz-Carlton development are interested in a pedestrian crossing to First Street; that the developer has expressed some interest in a pedestrian crossing, to which the condominium residents would like a commitment; that crossing the street will be impossible if a traffic signal is not installed at US 41 and Ritz-Carlton Boulevard. Mr. Compton stated that the Sunset Towers residents appreciate the developer's cooperation in discussing the project plans and for being receptive to problems the earlier plans caused the neighborhood; that the developer agreed to request moving an existing stop sign to the new street linking Cedar Point Drive and Sunset Drive during neighborhood meetings; however, City Staff did not agree as traffic engineering practice is to place the stop sign on the street with the lessor traffic even if harmful to the neighborhood; that the developer is placed in the awkward position of requesting something desired by neither the developer nor the Sunset Drive neighbors; that the simple solution is to install either two stop signs or a stop sign and a yield sign, one on Sunset Drive and one on the new street between Cedar Point Drive and Sunset Drive; that vehicles on each street would take turns if two stop signs are installed; that the traffic would be able to enter and exit the driveways at Sunset Towers and Le Chateau; that installing stop signs is a minor change but would make a large improvement in traffic flow; that the developer has been forced by City Staff to request closure of Cedar Point Drive at Gulf Stream Avenue even though the preference is to leave the intersection open as indicated at the December 2, 1998, Regular PBLP meeting; that allowing Cedar Point Drive to remain open will allow traffic to turn in and out of Gulf Stream Avenue relieving approximately 50 percent of the traffic entering and exiting Sunset Drive at Gulf Stream Avenue; that the 50 percent figure is based on Staff's figures presented at a meeting with One Watergate residents; that the Assistant City Engineer planned the closure of Cedar Point Drive based on a single sentence in a letter from FDOT dated October 1989 which related to traffic at the time on Gulf Stream Avenue, Sunset Drive and Golden Gate Point; that several inquiries were made of FDOT in Bartow, Florida; that FDOT responded in a telephone call on December 10, 1998, indicating FDOT knew nothing of plans to close Cedar Point Drive, the closing of a City Street has never been directed by FDOT, and the decision to close a City street is strictly up to City officials; that FDOT also indicated a nine- year-old letter referring to the closure of Cedar Point Drive in the future would not now obligate the City if traffic and local BOOK 45 Page 17984 12/17/98 6:00 P.M. BOOK 45 Page 17985 12/17/98 6:00 P.M. development differed significantly and further no backup justification could be found to the street closure request after an extensive search of FDOT files; that the developer is urged to withdraw the request to close Cedar Point Drive; that the Commission's support is urged. Mr. Whalen stated that the driveways of Sunset Towers and Le Chateau are very close to the intersection; that City Staff indicated installing a stop sign would prevent traffic pile ups; that four or five cars can stall traffic on Sunset Drive; that two cars can block the Sunset Towers driveway; that waiting two months after the Ritz-Carlton development opens to conduct a traffic study is not practical; that residents entering and exiting Sunset Towers would have to wait for 2, 3 or 4 light cycles at the intersection due to heavy traffic; that a request was made at the November 19, 1998, Special PBLP meeting for an acceleration lane from Sunset Towers; that exiting through the red light and making a right turn into an acceleration lane without waiting for a light cycle during slow traffic on Gulf Stream Avenue would be possible; that the existing traffic signal has a long cycle; that Cedar Point Drive could be left open only for right turns on and off Gulf Stream Avenue sO traffic could come into One Watergate and the Ritz-Carlton Hotel; that traffic could make a right turn onto Gulf Stream Avenue and not be required to use a circuitous route, alleviating some traffic from the intersection; that the Commission is requested to consider the alternatives seriously; that area residents are very concerned about the future traffic implications; that the Commission should recognize the road is used by three current condominiums and will be used by the new Ritz-Carlton Hotel and condominiums. Mr. Compton stated that road construction occurs at a different time than two months after completion and occupancy of the Ritz- Carlton development; that the intersection will be constructed early in the project to provide a construction vehicle entrance; therefore, the impact will be within a few weeks of road construction rather than two months after the completion of the hotel and occupancy. Pat Bulmash, 11 Sunset Drive (34236), stated that as a resident of Sunset Towers, the inevitable traffic problem created due to the City's demand to close Cedar Point Drive is a concern; that on June 18, 1998, the Commission was personally requested not to allow the Fruitville Road extension which would cause terror for Sunset Towers residents; that fortunately, the Fruitville Road extension did not proceed; that a personal appearance was made at the November 19, 1998, Special PBLP meeting due to concern for the closing of Cedar Point Drive which will cause residents to encounter hazardous and limited access to Gulf Stream Avenue via the one and only exit and entry located on Sunset Drive; that Staff continues to claim the understanding with FDOT to close Cedar Point Drive is a binding deal from 1989; that the City has gone through very different and more intense traffic patterns and flows over the past nine years; that 1989 is almost horse-and- buggy time compared to traffic today; that the County's population is now 315,653; that the estimate is approximately 1.6 million tourists came through the area's portals in 1997; that the 270-room Ritz-Carlton development will include 50 condominiums with parking facilities under the new sports club; that at least 50 condominium vehicles will access Sunset Drive; that Phase II of the Ritz-Carlton development will add 80 to 85 additional vehicles on the same street; that a minimum of 130 additional vehicles will be added to the present traffic on Sunset Drive; that Cedar Point Drive must be left open; that yield signs must be installed on the intersecting roads so vehicles on Sunset Drive can get into traffic and Sunset Towers residents can exit the driveway; that the developer has spent considerable good will, time, and money acceding to the City's and residents' wishes; that the Commission knows the developer also wishes to leave Cedar Point Drive open as indicated in the developer's first set of plans; that the developer was informed by City Staff FDOT would not allow Cedar Point Drive to remain open due to an understanding from 1989; that substantial evidence demonstrates City Staff has been indicating less than the truth; that FDOT indicated the City would not be obligated to close Cedar Point Drive if traffic and local development had changed during a nine-year period; that FDOT could find no written justification for closing Cedar Point Drive; that developers are held to the highest standards to safeguard the City against unforeseen nightmares; that City Staff should be held to the same high standards; that the reason City Staff passes along apparently incorrect information would be only a guess; that the information received by Mr. Compton should be verified by an unbiased body of the City's choosing; that the City's actions are inexcusable if Mr. Compton's findings are correct. Mark Garrison, 211 Sunset Drive (34236), stated that as the owner of two residences of Sunset Towers, the new Ritz-Carlton development is very exciting; that the proposed development may cause serious traffic situations; that the eastbound and westbound portions of Gulf Stream Avenue will be a problem; that stacking on US 41 sometimes extends back to Sunset Drive and results in vehicles running a red light and excessive delays; that the eastbound portion of Gulf Stream Avenue is over burdened with future development; that development downtown and on Longboat, Bird, and Lido Keys will increase the traffic signal cycle times on Gulf Stream Avenue; that new northbound traffic will be created for the proposed Sunset Drive entrance to Gulf Stream Avenue; that new traffic will include the Ritz-Carlton Hotel guests, employees, conference attendees, contractors, Denny's and Holiday Inn patrons, One Watergate and Sunset Tower residents as well as Phase II of the Ritz-Carlton development, increasing the number of vehicles traveling east on Gulf Stream BOOK 45 Page 17986 12/17/98 6:00 P.M. BOOK 45 Page 17987 12/17/98 6:00 P.M. Avenue and north on US 41; that the stacking problems at the new Sunset Drive intersection with the Cedar Point Drive extension will be exacerbated by the increase in traffic beyond the scope of the current street planning; that the increased traffic signal cycle time at Sunset Drive and Gulf Stream Avenue will be part of the mix; that the burden on Gulf Stream Avenue into the north- turn lane and the delay of the traffic on Gulf Stream Avenue traveling west out to the keys will increase the traffic signal cycle time; that an easy solution is to increase the existing traffic signal cycles on the east to west intersection on US 41 during the time traffic is going to and from downtown on Gulf Stream Avenue; that the US 41 northbound traffic should be able to turn into the Ritz-Carlton development; that traffic from the Ritz-Carlton development should be able to exit onto US 41 northbound; that the east-west Gulf Stream Avenue cycle will evacuate the stacked traffic on US 41 northbound which will, in conjunction with the timed Fruitville Road traffic signal cycle, help move traffic volume north and west; that moving the traffic in the manner planned will cause an undue and avoidable hardship to the users and residents of the Ritz-Carlton development, the Sunset Drive neighbors and the public at large; that a perfect opportunity is created to move the waiting traffic north from Ritz-Carlton Boulevard; that a well planned traffic signal timing will result in increased volume of traffic and decreased stress to the already overburdened northbound turn lane on Gulf Stream Avenue heading north on US 41; that the existing and future Sunset Drive residents could be assured of a manageable and reasonable expectation of traffic ingress and egress; that FDOT may consider the traffic signal cycle as an opportunity to move cars northward more efficiently. There were no other Affected Persons signed up to speak; therefore, Mayor Dupree requested that other interested persons come forward; and the following persons came before the Commission. Harriet Oxman, Chairman of the Bayfront Barrier Islands Transportation Advisory Committee, 888 Boulevard of the Arts (34236), stated that everyone is pleased with the new Ritz- Carlton development; that the developer and the Ritz-Carlton have an agreement; that the money is available; that the height and density are fine; that the Holiday Inn and Denny's are happy; however, as Chairman of the Transportation Advisory Committee, the traffic in the area creates serious concerns; that most citizens are concerned about the traffic issue and the closing and widening of streets; that area traffic will increase substantially with the new condominiums, the Ritz-Carlton development, the Renaissance of Sarasota, the Sarasota Bay Club, and the increasing number of visitors; that on November 15, 1998, the Commission heard the Transportation Advisory Committee's report and voted unanimously for the Administration to consider hiring an additional engineering consultant to suggest possible alternatives to address the traffic problems at the bayfront; that new creative solutions to the traffic situation were requested; that an inquiry from the Transportation Advisory Committee to City Engineering Staff concerning the proposed traffic consultant was not answered; that a new traffic study has not been completed or even planned; that Mr. Mohammed's explanation of traffic movement and density is not as simple as described; that the public wants to know the proposed solution to the traffic problem; that almost 5,000 voters with a high rate of participation live in the bayfront area; that the Commission should consider the area residents' interests and concerns; that the Commission must solve the traffic problems in the US 41/ Bayfront/Gulf Stream Avenue area if the Commission wishes public satisfaction and to avoid traffic gridlock. Dr. Arland Christ-Janer, founder of Gateway 2000 and President of Ringling School of Art and Design (34243), stated that a letter was written to the editor of the Sarasota Herald-Tribune publicly supporting the Ritz-Carlton development, which is important to the goals for the City's North Tamiami Trail corridor; that exciting things are happening in the City including the groundbreaking of the Renaissance of Sarasota and now approval of the Ritz-Carlton development which is consistent with the goals and objectives of Gateway 2000 for the North Tamiami Trail corridor and north Sarasota; that dramatic things are happening on the north end of Sarasota beginning with the more than $20 million in construction and infrastructure projects at the University of South Florida/New College (USF), the refurbishing of the Trail Plaza, the construction of the new Eckerd Drugs store, the remodeling of the Winn Dixie grocery store, the apartment dormitories, the Roskamp Center, the projected studios at the Ringling School of Art and Design, and the beautiful Sarasota Bay Club. General Roland Heiser, Chairman of Gateway 2000 and President of the New College Foundation (34243), stated that the Ritz-Carlton development is considered a perfect anchor for the southern end of the North Tamiami Trail corridor and will be good for the community; that good things start happening when a Ritz-Carlton Hotel moves into the neighborhood; that discussions have begun with the leaders of the Greater Newtown Community Redevelopment Corporation (GNCRC) to determine necessary assistance; that approval of the Ritz-Carlton development will assist the Gateway 2000 Executive Committee in focusing energy and talent on helping Newtown redevelopment; that approval of the Ritz-Carlton development is highly recommended. Glenda Mock, Executive Director of the North Trail Association. 1701 North Tamiami Trail (34234), stated that the North Trail area has become the most sought after address in Sarasota; that North Tamiami Trail has a new Eckerd Drugs store, a new Marathon Oil Company, the Renaissance of Sarasota, and the Sarasota Bay BOOK 45 Page 17988 12/17/98 6:00 P.M. BOOK 45 Page 17989 12/17/98 6:00 P.M. Club; that Sarasota must continue to move forward; that citizens have become better friends through City Staff's and citizens' working and networking together to find solutions for the North Trail area; that Sarasota is ideal for a Ritz-Carlton Hotel; that the north end, the airport, and all of Sarasota will prosper from the Ritz-Carlton development. R.A. Johnson and Douglas Graham, Senior Advisors for the JMW Turner Museum, 5747 Summerside Lane (34231). Mr. Johnson stated that the JMW Turner Museum foundation would like to establish a world-class art museum in the City, save and recycle the Bickel House, and assist the Ritz-Carlton developer in the creation of a project second to none. George Dramis, law firm of Brown and Clark, P.A. 1819 Main Street, Suite 1100 (34236) representing the Sarasota Ouay (the Quay), stated the Quay is supportive of the Ritz-Carlton development which will have a positive impact on the City and the Quay; that the section fronting the Quay property line will be used in an industrial capacity for deliveries, etc.; that the Quay is not asking for any special considerations but is concerned about the termination provision in the Development Agreement, an open-ended, ten-year agreement which may impact traffic for the entire ten-year period if nothing is done; that the original site plan included a proposed pedestrian land bridge on the northern part of the Ritz-Carlton property and the southern part of the Quay; that the proposed Development Agreement does not include the pedestrian land bridge; that the Quay is asking to change the language to include a provision for a 3-foot pedestrian walkway from the northern end of the Ritz- Carlton project to adjoining landowners and the Quay in the vicinity of the bayfront corridor; that a walkway area currently exists along the bayfront; that the present ownership of the Quay is in favor of a united and harmonized waterfront but was not in a position at the time of development to construct a walkway. John Brown, Greater Sarasota Chamber of Commerce (Chamber), 1515 Ringling Boulevard (34236), stated that the Chamber endorses the Ritz-Carlton development and is strongly in favor of downtown and North Trail area redevelopment and increasing the City's convention space; that the proposed Ritz-Carlton development encompasses all three; that the Chamber expresses sincere hopes the Commission will work through the issues and approve the requests sO the Ritz-Carlton development can proceed; that the City will benefit by the project and the resulting increase in the quality of life for the downtown and surrounding areas. Harvey Gutman, 888 Boulevard of the Arts (34236), stated that traffic is the center of concern, including the increasing traffic on US 41; that Staff's projection of an increase in the existing gridlock by 5 to 10 percent is an underestimate; that the increasing number of projects on the North Tamiami Trail will increase the negative impact on an already over burdened US 41; that the Commission previously asked for an independent traffic study and some imaginative options to the traffic problems; that the traffic study must be conducted to alleviate a potentially serious traffic situation; that a decision to approve the applications cannot be made without an independent traffic expert's recommendation; that a decision would be a waste of taxpayers' money; that any decisions impinging on traffic matters should be delayed until the previously requested traffic study is conducted. Fred Rammes, 888 Boulevard of the Arts (34236), stated that as a resident of a condominium on the southwest corner on Sarasota Bay overlooking the Ritz-Carlton site, the project is supported; that The height of the proposed Ritz-Carlton Hotel is well above other structures in the area; that decorative items should be limited; that the Eiffel T'ower could be built on top of the building according to the requirements of the current C-CDB Zone District; that a restriction regarding microwave tower transmissions or cellular telephones on the copula should be imposed to avoid possible future application of the cupola, which will be the highest point in the area; that the open bar and operating hours are a concern; that the noise level in the area should be limited; that the City should only approve the applications contingent on construction of a Ritz-Carlton Hotel. Craig Holliday, President of the City's Historic Preservation Board, 1715 Hyde Park Street (34239), stated that the Ritz- Carlton development is very exciting; that the Bickel House is an historic building and is presently on the subject property; that the issue of the Bickel House has not come before the Historic Preservation Board, which should have the opportunity to review historic properties before decisions for renovation, demolition, or removal; that the Historic Preservation Board is concerned relocating the Bickel House could destroy the property; that the US Secretary of Interiors and Standards on Rehabilitation has indicated the act of moving a building, especially the age of the Bickel House, could quite possibly compromise the structural integrity of the structure; that the US Secretary of Interiors and Standards on Rehabilitation recommends not removing or relocating historic buildings or landscaped features which may destroy the historic relationship between the building and the landscaped features and open space; that relocating the Bickel House on site may be an option; that the Bickel House could be slightly moved to accommodate the traffic situations; that the property owners made an agreement with the Ringling Foundation to restore the Bickel House in accordance with the requirements of the US Secretary of Interiors and Standards on Rehabilitation, who specifically recommends against relocating structures if not required; that moving the structure elsewhere on site would BOOK 45 Page 17990 12/17/98 6:00 P.M. BOOK 45 Page 17991 12/17/98 6:00 P.M. lessen the impact but potentially compromise the historic designation; that every effort should be made to save the Bickel House, which is the only remaining structure of the old John Ringling Towers. Lynn Robbins, 1022 Tocobaga Lane (34236), stated that Sarasota is a fabulous place to live; that as an owner of a building directly across the street from the proposed Ritz-Carlton development, the project is very exciting; that as a real estate broker since 1975 in Sarasota, the proposed Ritz-Carlton development will have a wonderful impact on the economy and the community; and referred to and entered into the record a recent editorial from the Naples Daily News entitled "A good neighbor, a good fit for Collier and its residents" indicating the Ritz-Carlton, Naples, marking its tenth anniversary, has energized the local economy and cited as follows: Happy 10th birthday to The Ritz-Carlton, Naples. Good neighbors like that are hard to find. Competitors or rather complementors (sic) = have Eollowed suit and pitched standards high. Ms. Robbins stated that the City will benefit tremendously by the Ritz-Carlton development; that the Commission is in a position to make history happen. Paul Thorpe, Executive Director of the Downtown Association of Sarasota, Inc. (Downtown Association). 1818 Main Street (34236), stated that the 4,000 to 5,000 members and auxiliary members of the Downtown Association support the Ritz-Carlton development; that the Downtown Association has had faith a Ritz-Carlton Hotel could be brought to the City; that the project has some impact and some glitches such as traffic and the noise factor; however, the City has a noise ordinance; that the owner has made every effort to do something with the Bickel House including committing money to move the house; that the Downtown Association is interested in the First Street corridor and has been talking for many years about a corridor to a place such as the Ritz-Carlton Hotel; that the Downtown Association volunteers to help with negotiations with traffic engineers, interested citizens, City Staff and others to work on the problem of solving the traffic situation; that the Downtown Association offers to work with the City to make the Ritz-Carlton development happen; that the issues can be resolved if the City, the citizens and the Quay form a group to discuss all the issues to make Sarasota the greatest City in the southeastern United States. Mayor Dupree requested that the Applicant come forward for rebuttal. Attorney Patten stated that Attorney Lamar Matthews represents the owner concerning the Bickel House; that two proposals were received and are being reviewed concerning relocation of the Bickel House; that Attorney Matthews is aware of the US Interiors and Rehabilitation Standards and indicates relocation and restoration will be in compliance with standards; that the comments regarding the traffic on Sunset Drive and Cedar Point Drive are deferred to City Staff; that the developer will agree with the City's research and findings on a solution for traffic within limits; that the pedestrian crossing at US 41 and the Ritz-Carlton development entrance has been addressed in the Development Agreement; that the developer is willing to work with the City and FDOT concerning a pedestrian crossing; however, a pedestrian crossing is premature at this time; that safety issues must be considered; that a traffic signal must be installed; that the development must meet traffic concurrency; that the connection to the Quay is a matter for a private agreement between private property owners; that the connection between the Quay and the Ritz-Carlton development is not a bayfront corridor issue; that the owner proffered a bayfront corridor but did not authorize to proffer a connection to the Quay; that no plan exists to do sO at this time; that the Ritz-Carlton Hotel will conform to all City regulations regarding the open bar and noise. Mayor Dupree requested that Affected Persons come forward for rebuttal. Ms. Connors stated that One Watergate and Sunset Towers residents were divided about the traffic issue at the December 2, 1998, Regular PBLP meeting; that one suggestion was to move Sunset Drive more toward the center of the property to meet with Cedar Point Drive and not disturb the existing beautiful tree by creating a rotary type road; that another suggestion was to move the light at Sunset Drive down 25 to 50 feet, which Mr. Mohammed indicated was not possible due to the expense; that the suggestions could be a solution to the problem on Sunset Drive and also provide an exit directly out on Gulf Stream Avenue. Commissioner Cardamone asked the impact on Golden Gate Point? Ms. Connors stated none, once the traffic signal is changed; that traffic can exit as other traffic would come to a complete stop and a turn lane would access Golden Gate Point. Mr. Wilhelm stated that Sunset Drive residents are concerned about blocking vehicles trying to exit and enter Sunset Drive; that blockage of an intersection is a police problem; that vehicles are prohibited from blocking intersecting streets; that no-blocking signs are posted at the intersection of US 41 and First Street; that drivers respect the signs; that One Watergate residents are more concerned about safety with traffic moving faster trying to enter One Watergate and the Ritz-Carlton development; that the possibility of rear-end collisions is BOOK 45 Page 17992 12/17/98 6:00 P.M. BOOK 45 Page 17993 12/17/98 6:00 P.M. created as vehicles try to slow down and turn into a driveway; that One Watergate residents are firm in the belief Cedar Point Drive should be closed. Mayor Dupree requested that Staff come forward for rebuttal. Mr. Mohammed stated that the traffic study was performed by one of the best independent engineering consultants in the State and was paid for by the developer but hired by the City; that more detail and analysis was conducted and models studied than any other study in the last ten years; that Staff is confident about the results of the study, which clearly indicates the roadways will have a better level of service once the project is completed and the improvements are in place; that Staff has worked with FDOT for several years to obtain a traffic signal at the intersection of Golden Gate Point and Gulf Stream Avenue; that FDOT continues to refuse the traffic signal as FDOT claims the intersection does not warrant a traffic signal even once the Ritz-Carlton development is complete; that FDOT standards for warranting a traffic signal include a minimum amount of weekly volume; that Staff decided Cedar Point Drive would have to be closed and traffic redirected from One Watergate into the Ritz- Carlton development to meet FDOT warrants; that FDOT will not allow a traffic signal until the Ritz-Carlton development opens and area residents are already experiencing traffic problems; that a request was made to FDOT to grant an interim permit while the Ritz-Carlton Hotel is in development as Staff is concerned about traffic safety; that FDOT agreed to the traffic signal subject to the condition Cedar Point Drive will be closed and Sunset Drive will be connected to Cedar Point Drive in the future; that FDOT sent a letter indicating a signal-warrant analysis has been received for the location and the traffic signal is based on the closure of Cedar Point Drive; that the City must honor the commitments made with FDOT to continue a healthy working relationship. Vice Mayor Merrill stated that placing a stop sign on Sunset Drive or any other area street will not matter as traffic will still not be able to move. Mr. Mohammed stated that is correct. Vice Mayor Merrill asked if a stop sign will allow some traffic to clear out into on-going traffic? Mr. Mohammed stated that Staff conducted an extensive analysis using the present traffic signal timings with an analytical model simulating intersection traffic movement; that the model indicates a signal normally turns green on a side street only once a cycle; that the intersection will be configured to turn green twice in the same cycle which will eliminate the traffic backup except upon the closing of the John Ringling Causeway bridge to which no solution has been found; that waiting two months after the opening of the Ritz-Carlton development to conduct another traffic study is to allow traffic patterns time to establish; that a multi-way stop sign will be installed if traffic is a problem for area residents; that an equal opportunity will be provided for vehicles entering and exiting Sunset Drive while not impeding the traffic entering and exiting the Ritz-Carlton Hotel and One Watergate. Vice Mayor Merrill asked the benefits of keeping Cedar Point Drive open? Mr. Mohammed stated that leaving Cedar Point Drive open has no benefits; that in Stafi's opinion, leaving Cedar Point Drive open will create a hazardous situation with a three-way intersection on a curve and no adequate side distance causing potential accidents and a hazardous situation for vehicles entering and exiting Sunset Drive; that the City should not take the risk of creating a purposely hazardous situation by leaving open Cedar Point Drive which should be closed in the interest of safety. Commissioner Cardamone stated that Staff could meet again with area residents to assure a good understanding of the traffic situation; that the City cannot make 100 percent of the people happy; that understanding the concerns of residents most affected by the changes is important; that current and new area residents will be affected by the roadway changes; that an outside engineer was requested to conduct a study concerning traffic at the Gulf Stream Avenue and US 41 intersection; and asked the status of the study? Mr. Mohammed stated that alternatives and general ideas of the scope of the study including Staff recommendations can be returned to the Commission; that an origin-destination study should be conducted, which will cost approximately $250,000; that the origin-destination study conducted by Longboat Key in 1993 cost $60,000; that FDOT has allocated $345,000 in the current FDOT work program to conduct a study, which will save the City considerable moneyi that FDOT will hire an independent consultant with whom City Staff will work closely; that another advantage is funding for roadway improvements will be easier to obtain if FDOT conducts the study and develops the recommended solutions. Commissioner Cardamone asked if the Commission will vote on any recommended solutions for the traffic situation in the area of the Ritz-Carlton development at the conclusion of the study? Mr. Mohammed stated that the Transportation Concurrency Exception Area (TCEA) approved by the Commission and submitted to the State will provide flexibility in considering creative alternatives. Mr. Daughters stated that from an engineering perspective, the answer to the question is yes; that the Commission may wish to ask the City Attorney the same question from a legal perspective; BOOK 45 Page 17994 12/17/98 6:00 P.M. BOOK 45 Page 17995 12/17/98 6:00 P.M. however, the project must still meet the requirements of the Development Agreement. Commissioner Hogle asked if a vehicle leaving Sunset Drive could turn left onto the new Ritz-Carlton Boulevard to access US 41 with the proposed signage? Mr. Mohammed stated yes. Mayor Dupree asked if stacking of cars will cause accidents? Mr. Mohammed stated no; that the intersection would be different from other City three-way intersections; that installing stop signs on all approaches will insure vehicles have the right-of- way as their turn develops. Mayor Dupree asked if the calculations are based on peak-hour traffic? Mr. Mohammed stated yes. Mayor Dupree requested Commissioner supplemental remarks, if any. Commissioner Pillot stated that the courtesy of everyone involved including the public is appreciated; that as a result, the meeting only took three hours; that during his nine years on the Commission, Mr. Mohammed and the Engineering Department Staff have demonstrated the utmost integrity. There were no other Commissioner supplemental remarks and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4098 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 99-4098 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4104 by title only. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4104 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Hogle, yesi Merrill, yes; Pillot, yes; Cardamone, yes. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that changes to the Development Agreement may result in required minor modifications to proposed Ordinance No. 99-4104 prior to second reading; that if sO, a memorandum with changes will be distributed to the Commission. Commissioner Pillot asked if the changes are substantive? Attorney Schenk stated no. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1140 by title only. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 99R-1140. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes. City Attorney Taylor stated that the next two items are the Development Agreement and the Right-of-Way Use Agreement, both of which require revisions; that an option is to return the documents in final form at second reading of the ordinances rather than to take action at this time. Attorney Fournier stated that both documents will be in final form and reviewed by the parties by second reading of the ordinances; therefore, only one vote of approval at second reading will be necessary. City Attorney Taylor stated that any desired changes to the Development Agreement or the Right-of-Way Use Agreement should be discussed at this time as the next consideration will be for final approval; that the issue of the time at which to post the escrow or the security for the improvements construction should be discussed; that the developer prefers posting the bond upon issuance of C.O. rather than the building permit but is willing to respect the City's request to post the bond upon issuance of the building permit; that the developer prefers the bond in an escrow arrangement or other interest-earning alternative as the bond will sit for several years before the bond is actually necessary. Vice Mayor Merrill stated that the City will not be earning interest on the funds; that the developer will earn less interest if the bond were placed in escrow; that the developer bears the risk if the C.O. is not granted until the bond is posted; that a suggestion is to use the C.O. as the triggering event. City Manager Sollenberger stated that the concern is if the developer goes bankrupt and is not able to post the funds; that requiring the posting of the performance bond or equivalent at the time of issuance of the building permit rather than the C.O. is preferred; that the developer has agreed with the approach. BOOK 45 Page 17996 12/17/98 6:00 P.M. BOOK 45 Page 17997 12/17/98 6:00 P.M. Vice Mayor Merrill stated that no issue is presented if the developer has agreed with the City's position. Commissioner Pillot asked for any remaining substantive issues concerning the proposed Development Agreement? City Attorney Taylor stated that the agreed-upon language concerning the right-of-way must be incorporated in the Development Agreement. Attorney Fournier stated that Commission direction concerning the posting of the bond is necessaryi that the Development Agreement will be revised to include recommended minor termination provisions. Commissioner Pillot asked if a motion to approve proposed Development Agreement Application No. 99-DA-01 contingent upon incorporating language regarding the City's positior concerning the posting of the bond and language concerning the right-of-way is appropriate? City Attorney Taylor stated yes. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Development Agreement Application No. 99-DA-01 incorporating the City's position on the bond issue and agreed-upon language concerning the right-of-way and to authorize the Mayor and City Auditor and Clerk to execute the Development Agreement as revised by the City Attorney's Office. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. City Manger Sollenberger stated that the last issue is the Right-of-Way Use Agreement; that the Administration recommends approving the Right-of-Way Use Agreement subject to revisions agreed upon between Core Development, Inc., and Celt, Inc. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to approve the Right-of-Way Use Agreement subject to the revisions agreed upon between Core Development, Inc., and Celt, Inc. Motion carried unanimously (5 to 0) : Cardamone, yesi Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. Vice Mayor Merrill stated that the efforts of the developer and Staff in working with the Holiday Inn and Denny's to resolve a very controversial issue are appreciated. Commissioner Cardamone stated that Mr. Parry's comments regarding the Commission's concern about small businesses are rewarding; that the Commission is concerned about businesses which have been in existence for a long time; that the Commission does not wish to place anyone at a disadvantage. Mayor Dupree stated that appreciation is extended to the Applicant, Staff, Affected Persons, and other interested persons for their concern and help. Attorney Fournier stated that the Right-of-Way Use Agreement and the Development Agreement must be executed within 30 days of approval and therefore will be presented to the Mayor for signature by January 17, 1999. Commissioner Cardamone stated that a landmark day for the City has occurred; that seeing as many people in the Chambers as attended the groundbreaking at the Renaissance of Sarasota development is noteworthy; that the march on the North Trail area began many years ago with interested citizens like Dr. Christ- Janer and General Heiser; that the effort of Attorney Brenda Patten in coming forward and dispelling mistaken ideas and rumors is appreciated; that Attorney Patten was very professional and set the record straight; that the effort of Attorney Robert Fournier who supported Attorney Patten's remarks with just as much vigor is also appreciated; that the traffic situation will be worked out; that the City has experienced some very nice projects and opportunities which will bring more traffic; that from the perspective of someone who has lived in the City for 50 years, traffic has increased and will probably continue to increase as the City enjoys the popularity of a world-class small town; that a little patience may be necessary, realizing some things must change with growth and opportunity; that special thanks are extended to Commissioner Pillot who put the meeting on the fast track; that thanks are also extended to Staff and the City Manager for the excellent, concise and carefully worded presentations. Vice Mayor Merrill agreed with the comments about the good things going on in the City; and stated that thanks are extended to Attorney Patten for the concise presentation; that the Commission was provided extensive information in the Agenda material; that the Commission hears from many good attorneys; that Attorney Patten respected the Commission's intelligence by not providing a lengthy presentation but providing the necessary information and keeping the presentation short and to the point; that the Commission respected the abbreviated but informational presentation; that everyone can learn from Attorney Patten's winning presentation. Commissioner Pillot agreed with the comments concerning the presentations by Staff and Attorney Patten; that the presentations by Affected Persons and citizens were also very professional; that every presentation was well prepared in advance and distinctly presented with precision. Mayor Dupree thanked the participants and Staff for a good job. BOOK 45 Page 17998 12/17/98 6:00 P.M. BOOK 45 Page 17999 12/17/98 6:00 P.M. 4. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM IV) #3 (2300) through (2472) The following people came before the Commission: Craig Holliday, Chairman of the City's Historic Preservation Board,1715 Hyde Park Street (34239), stated that the Bickel House is a concern; that the Historic Preservation Board has not been contacted about the relocation of the Bickel House; that relocating a structure the age of the Bickel House is impossible without destroying the structure; that the original agreement with the property owner indicated the Bickel House would be restored and left on the property; that the corner of the former John Ringling Towers which has been demolished and the Bickel House is extremely historic; that the City was told the Bickel House would be restored; that the Historic Preservation Board should have some input concerning the Bickel House and any other historic site which could be destroyed; that the Historic Preservation Board only has input if an application is made for a demolition or relocation permit; that the Applicant can appeal to the Commission if the Historic Preservation Board denies demolition or relocation; that the Commission can overturn the Historic Preservation Board's ruling, which provides the Historic Preservation Board no input at all. Paul Thorpe, 1818 Main Street (34236), representing the Downtown Association of Sarasota, Inc (Downtown Association, stated that a tragic accident involving an explosion on Osprey Avenue recently occurred; that a family's home was completely destroyed; that the Downtown Association along with the Salvation Army is leading a request for assistance for the family; that the family is living at the Salvation Army; that $360 was collected for the family at the Downtown Association's Christmas party; that donations for the family would be greatly appreciated and should be sent to the Salvation Army. 5. ADJOURN (AGENDA ITEM V) #3 (2481) There being no further business, Mayor Dupree adjourned the Special meeting of December 17, 1998, at 9:30 p.m. SDJA 2 ok blpher BEROME DUPREÉ, MAYOR Billy E Aelnasol BILLY EV ROBINSON, CITY AUDITOR AND CLERK