CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Planning Board Jennifer Ahearn-Koch, Chair Members Present: Chris Gallagher, Vice Chair Members Susan Chapman, Mort Siegel, and Vald Svekis Planning Board Ken Marsh, Director, Long Range Planning - Sarasota County Public Members Absent: Schools [non-voting member) City Staff Present: Michael Connolly, Deputy City Attorney David Smith, General Manager, Neighborhood & Development Services Gretchen Schneider, General Manager, Planning & Development Dr. Clifford Smith, Senior Planner Miles Larsen, Manager, Public Broadcasting Karen Grassett, Sr. Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL Chair Ahearn-Koch called the meeting to order at 6:00 p.m. and General Manager Smith [as Secretary to the Board] called the roll. II. CHANGES TO THE ORDER OF THE DAY There were no changes to the Order of the Day. III. LAND USE ADMINISTRATION PUBLIC HEARINGS A. Reading of the Pledge of Conduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly reviewed recommended time limits for the petitions and Board Members agreed to them. The oath was administered to all intending to speak regarding the petitions on the agenda. B. Non Quasi-judicial Public Hearings By consensus the Planning Board agreed to hear the staff presentation and citizen's input for both applications concurrently noting motions and votes would occur for each application. Minutes of the Regular Planning Board Meeting May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 6 1. ZONING TEXT AMENDMENT-CLUSTER HOUSING: Application 12-ZTA-04 proposes to allow cluster housing as a permitted use in Residential Single Family and Multiple Family Zones, G Zone, and DTN Zone. (Dr. Clifford Smith, Senior Planner) 2. ZONING TEXT AMENDMENT-NON-CONFORMING LOTS: Application 12-ZTA-03 proposes to provide the Board of Adjustment or the Special Magistrate the authority to grant a Minimum Lot Width or Minimum Lot Area variance for non-conforming lots which are described in Section V-108(c). (Dr. Clifford Smith, Senior Planner) Applicant/Staff Presentation: Dr. Smith and General Manager Schneider appeared to present the applications. Dr. Smith stated proposed Zoning Text Amendment 12-ZTA-04 would change cluster housing from a conditional use to a permitted use and was requested to promote affordable housing. Dr. Smith stated staff is not recommending moving forward with the amendment, noting limited applications for cluster housing have been received. Dr. Smith stated for the record an errata fix, adding "RTD-9" to Article VII, Division 6, Section VII-602 (m) (3) a, has been included in the proposed zoning text amendment. Dr. Smith presented the staff report on proposed Zoning Text Amendment 12-ZTA-03 stating the concept is to allow for variances on non-conforming zoning lots that were created when adjoining lots of record were under one ownership prior to January 10, 1974. PB member Chapman questioned how many lots would be affected by the amendment. General Manager Schneider stated the number of lots affected is unknown due to changing ownership patterns, noting adjoining lots could have been owned briefly in the 1970's thereby creating the non-conforming zoning lot which then comes as a surprise to current sellers. PB member Svekis questioned the definition of cluster housing. Dr. Smith noted cluster housing allows the structures to be constructed on the overall property rather than on the individual lots, creating larger open spaces, however the overall density on the lots remains the same. Discussion ensued on existing developments constructed under the cluster housing provisions, the economic benefits of cluster housing, the process for receiving conditional use approval, and the overall benefits and incentives for developing under the cluster housing provisions. General Manager Schneider stated the amendment was requested by the Affordable Housing Task Force in an effort to reduce development costs from a construction stand point as well as the elimination of the fees involved in processing a conditional use application. Further discussion ensued regarding the potential to decrease infrastructure costs, the existing process, conditions that have to be met, the potential for creating gated communities, Planning Board versus staff approval, the zone districts the cluster housing would be permitted in, and requiring specific ratios of open space to developed land. PB member Svekis stated densities should be increased under the cluster housing provisions to further reduce costs and a zoning text amendment could be processed to eliminate the potential for creating gated communities. Minutes of the Regular Planning Board Meeting May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 6 PB member Chapman questioned the two mechanisms for approving variances for non- conforming lots. Deputy City Attorney noted the Special Magistrate process is only for those instances where the Board of Adjustment votes 2/2. PB member Gallagher questioned if the two proposed zoning text amendments were intended to help expedite the processing of development applications. General Manager Schneider stated the proposed revisions to cluster housing were a result of the review of potential impediments to affordable housing, and the City Commission had specifically requested staff review the non-conforming lot provisions. Citizen Testimony: 13-ZTA-04 Ms. Millie Small appeared and questioned if the revisions to the G zone would have any effect on the Fruitville Road park, and if SO what the process/timing of the changes would be. 13-ZTA-03 Mr. Bill Hutchison appeared and submitted a map showing the houses on his street, discussed the restrictions on his property due to existing regulations, and stated his support for the proposed zoning text amendment. Mr. George Christian appeared and submitted a diagram from the Property Appraiser's office showing his and surrounding lots. Mr. Christian stated he and his sister are joint owners of lots 52 & 57, previously owned by their mother, and noted since lot 56 was briefly in their mother's name many years ago, lots 56 and 57 are: now considered one zoning lot which precludes the sale of lot 57. Mr. Christian stated his support for the proposed zoning text amendment, noting the hardships the current regulations place on property owners. Ms. Cathleen O'Dowd of the law firm of Shumaker, Loop & Kendrick, representing Trinity Contractors LLC, appeared and presented an aerial photo of a parcel on Lido Key that Trinity Contractors LLC had been retained to demolish. Ms. O'Dowd stated the existing single family structure on lot 9 was demolished, building permits for a new single family structure were applied for, and at that time the owners were informed that since the adjoining lot is non-conforming and has an existing 4 unit multifamily structure, a single family structure cannot be erected on lot 9. Ms. O'Dowd noted that under these provisions lot 9 will have to remain vacant and requested that the zoning text amendment be approved with the addition of a provision that would allow the construction of a single family structure next to the multi-family. Mr. Dan Bailey, representing the law firm of Williams Parker, appeared and discussed the process land use attorneys must go through to determine if lots can be developed, noted few lawyers are aware of the provisions, discussed the need to provide for variances for lots that were unintentionally combined, stated the variance option should be available for any two zoning lots that were inadvertently combined rather than limited to 21 lots Minutes of the Regular Planning Board Meeting May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 6 with houses. Mr. Bailey further stated the need for a mechanism to inform potential buyers of the provisions before they invest in property. Staff Response: Dr. Smith and General Manager Schneider appeared to respond to the citizens input. Dr. Smith responded to Ms. Small's questions, stating the only revision to the G zone would be to allow cluster housing as a permitted use rather than a conditional use. General Manager Smith noted Fruitville Park is currently zoned G, is under City ownership, stated the proposed zoning text amendment only applies to residential development, and the City does not plan to put any residential development on the property. General Manager Smith further stated if the proposed sale to the Benderson Corporation were to occur the zoning on the parcel would change to commercial, and that the proposed zoning text amendment would not apply in either instance. General Manager Smith noted if the proposed zoning text amendment was approved the effective date would be when the City Commission gave final approval, and that staff is not: recommending approval. Discussion ensued regarding the hardships the existing regulations that pertain to non- confirming lots place on property owners, revisions that have been made to the zoning code over the past few years, the need to provide a mechanism for relief, setbacks, the need to modify the proposed language in section V-108 (c) from "If a single family dwelling exits, to "If a residential structure exists, " and adding language to section V-108 (d) that would allow vacant, contiguous lots to be eligible for a variance. General Manager Schneider noted the proposed zoning text amendment would allow for a variance to be applied for versus development by right. PB member Chapman stated she could not support adding vacant lots, noting some non-conforming vacant lots are deliberately created for financial reasons and providing for a variance would encourage that practice. PB Chair Ahearn-Koch closed the public hearing. PB: member Chapman made a motion to find Zoning Text Amendment 12-ZTA-04 inconsistent with the Sarasota City Plan (2030) and find that it does not satisfy the Standards for Review in Zoning Code Section IV-1206 and recommend denial to the City Commission. PB Chair Ahearn-Koch seconded the motion. Discussion ensued. PB member Chapman stated her motion fits with staff's recommendation, noted the previous cluster housing development that was approved was constructed as a gated community, and gated communities are inconsistent with community neighborhoods. PB member Svekis stated cluster housing is an important mechanism for achieving livability as well as decreasing costs and he feels it very necessary to have that in Sarasota. PB member Gallagher stated he felt the proposed zoning text amendment matches the goals and objectives in the Sarasota City Plan and if the primary objection is the creation of gated communities that issue could be added to the zoning text amendment. PB Chair Ahearn-Koch stated her objections to cluster housing being a permitted use rather than a conditional use, noted her concerns regarding Minutes of the Regular Planning Board Meeting May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page5of 6 creating gated communities and stated staff's S recommendation should be heeded. The motion failed 2/3 with PB members Svekis, Siegel and Gallagher voting no. PB member Svekis made a motion to find Zoning Text Amendment 12-ZTA-04 consistent with the Sarasota City Plan (2030) and find that it satisfies the Standards for Review in Zoning Code Section IV-1206 and recommend approval to the City Commission. PB member Siegel seconded the motion. PB Svekis stated cluster housing is a plus due to encouraging livability, green space, and play areas for children and while the provisions need to be tweaked he supports the proposed zoning text amendment. PB member Chapman stated she could not support the zoning text amendment due to the changing cluster housing to a permitted use rather than conditional use. PB Chair Ahearn-Koch stated her agreement with PB member Chapman's comments. The motion carried 3/2 with PB members Chapman and Ahearn-Koch voting no. PB: member Chapman made a motion to find Zoning Text Amendment 12-ZTA-03 consistent with the Sarasota City Plan (2030) and find that it satisfies the Standards for Review in Zoning Code Section IV-1206 and recommend approval to the City Commission with the amendment to Section V-108 (c) changing single family dwelling" to "residential structure". PB member Siegel seconded the motion. PB member Chapman stated she felt the proposed process was good and stated going through the Board of Adjustments and Special Magistrate ensures variances are granted based on non- conforming lots created inadvertently versus speculatively. PB member Svekis stated he supports the proposed zoning text amendment however, should the City Commission approve the amendment and citizens are still experiencing hardships the citizens need to go back to staff for additional zoning text amendments. The motion carried 5/0. PB member Gallagher made a motion to recommend to the City Commission that they direct staff to propose zoning text amendments and/or other remedies to alleviate the hardships discussed at the meeting. PB member Svekis seconded the motion stating citizens suffering as a result of the unfortunate trap they are in needs to be alleviated. The motion carried 5/0. IV. CITIZEN's INPUT There was no citizen input. V. APPROVAL OF MINUTES PB member Siegel made a motion to approve the minutes of the April 10, 2013 minutes. PB Chair Ahearn-Koch noted two errors that needed correction, the first on page3 of3, paragraph 6, 4th line, the word " or" before " quality of life" needs to be deleted, and the second on page 6 of 6, 3rd line, the word "of" before "however needs to be deleted. The minutes were approved by consensus. VI. PRESENTATION OF TOPICS BY STAFF Secretary Smith reviewed the list of topics for a proposed joint workshop with the City Commission. Discussion ensued regarding the Planning Board's role in future planning Minutes of the Regular Planning Board Meeting May 8, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 6 VI. PRESENTATION OF TOPICS BY STAFF Secretary Smith reviewed the list of topics for a proposed joint workshop with the City Commission. Discussion ensued regarding the Planning Board's role in future planning as well as current land development proposals, and the schedule and scope of the upcoming State mandated review of the Comprehensive Plan. PB member Siegel questioned what the estimated timeframe for action on the lawsuit that has been filed regarding the denial of the Walmart at Ringling. Deputy City Attorney Connolly stated the process takes approximately 6: months. VII. PRESENTATION OF TOPICS BY PLANNING BOARD No topics were presented by the Planning Board members. VIII. ADJOURNMENT The meeting adjourned at 7:20 pm. Cad - Snifrd - David Smith, General Manager - Integration ennifer Whean-Koch, Chair Neighborhood & Development Services Plawning Beard/Local Planning Agency [Secretary to the Board]