CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY October 21, 2020, at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Planning Board Damien Blumetti, Chair Members Present: Kathy Kelley Ohlrich, Vice Chair Members Patrick Gannon, David Morriss, Terrill Salem Planning Board Members Absent: City Staff Present: Robert M. Fournier, City Attorney Steven R. Cover, Planning Director, Planning Department Lucia Panica, Director of Development Services Gretchen Schneider, General Manager, Development Services Ryan Chapdelain, General Manager, Planning Department Miles Larsen, Manager, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services I. CALL MEETING TO ORDER AND ROLL CALL PB Chair Blumetti called the meeting to order and Director Cover acting as the Planning Board' s Secretaryl read the roll call. II. CHANGES TO THE ORDER OF THE DAY There were no changes to the order of the day. III. LAND USE ADMINISTRATION PUBLIC HEARINGS NOTICE TO THE PUBLIC: At this time anyone wishing to speak at the following public hearings will be required to take an oath. (Time limitations will be established by the Planning Board.) A. Reading ofthe Pledge of Conduct 1:38:18 P.M. Secretary Cover administered the Pledge of Conduct. Attorney Fournier recommended time limits for the petitions that will follow, and PBMembers accepted them by consensus. Attorney Fournier administered the oath for all present who intended to speak in the following public hearings. 1:44:33 P.M. Attorney Fournier provided introductory remarks; addressed the purpose of the public hearing; stated that this is a legislative public hearing and pointed out the processes that follow; recommended that PB Members focus their discussions on the proposed Zoning Text Amendments because there will be subsequent quasi-judicial public hearings where Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 2 of 9 the amendments will be discussed in depth; referred to the Implementation Plan that was approved by the City Commission in September 2019 and its relationship to the Bay Park Conservancy (BPC) as well as the Partnership Agreement with the City;noted that, unlike other applications for Major Conditional Use approval, the application for Major Conditional Use for the Civic Boardwalk will be reviewed in two public hearings, (one before the Planning Board and a second before the City Commission); pointed out that due to the lack of a definition for boardwalk" or pier" in the City Code for the purpose of development review, the proposed boardwalk structure has been reviewed as a "dock," recommended that Planning Board discussions focus on the impact of the proposed structure on the surrounding uses; provided clarification to PB Member Gannon that this evening's PB action is a recommendation to the City Commission; and provided clarification to PB Vice Chair Ohlrich stating that the Implementation Plan (September 2019) is a conceptual plan to inform the City and the public as to what will be proposed. B. Legislative Public Hearings IV. Zoning Text Amendment Application No. 20-ZTA-08 - Request for Zoning Text Amendment approval to provide a definition of"Civic Boardwalk and Pier," to provide that a' "Park" is a permitted use rather than a Conditional Use in the Parks and Open Space (POS) and Marine Park (MP) zone districts; to provide that a dock, boat access ramp and a civic boardwalk and pier in a park in the POS or MP zones are required to obtain Major Conditional Use approval and are subject to additional standards for such approval in the MP zone district; to modify the standards for review of applications for Conditional Uses in the MP zone district; to clarify that docks in the MP zone district adjacent to the Government (G) zone district are subject to approval by Major Conditional Use and to clarify that G Zone Waivers to the development standards for such docks may be granted by the City Commission; to clarify that the City Commission has the authority to approve docks in the G zone district by approving a Major Conditional Use and not by granting a Variance; to revise the definition of a "Park" to provide that park land may include submerged lands and water and to provide examples of accessory uses that may occur in parks; to add definitions for "Park Permit" and "Special Events Permit" already found in the City Code; to provide that "special events" occur only on government property and that temporary uses" occur only on private property; to revise the definition of a "Government Use" to make it less restrictive; and to clarify that all regulations in the Zoning Code that are eligible for an adjustment and that apply to properties within the downtown zone districts may be adjusted rather than only those regulations found in a particular division of the Zoning Code. (Robert M. Fournier, City Attorney; Lucia Panica, Director of Development Services; Gretchen M. Schneider, General Manager, Development Services) 1:56:33 PM PB Chair Blumetti opened the public hearing. Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 3 of 9 1:56:46 PM Applicant Presentation Mr. Bill Waddill, Chief Implementation Officer, BPC, introduced the Applicant team, including Mr. Philip DiMaria, AICP, Kimley-Horn, Ms. Penny Cutt, Director and Marine Ecologist, Cummins Cederberg, and Attorney Bill Merrill. Attorney Merrill presented the reasons for the proposed Zoning Text Amendments; and responded to the five major themes of the concerns raised by the "Condo on the Bay, " stating that: 1. Phase 1 is a passive park 2. "Civic Boardwalk and Pier" is not a new structure, but it needs to be defined 3. development standards are not reduced, rather they are enhanced and more appropriate, for G-Zone uses and structures 4. accessibility and connectivity are prioritized, and 5. no additional facilities or special events are added to the code In the interest of time, Attorney Merrill deferred discussion of the minor and non- controversial proposed Zoning Text Amendments to the question-and-answer: session; discussed in depth the major proposed Zoning Text Amendments to Section VI-804, Special MP Development Standards, Conditional Use Standards; Section VII-1302(17) Upland Walkways; Section VII-1302(18) Major Conditional Use and G-Zone Waiver; Section VII-1302 Exception and Exception Criteria; Section VI-802, Table VI-801 amendments for Parks as a permitted use in MP Zone, a POS correction, and Major Conditional Use in MP zones; Section IV-1706 G-Zone Waiver standards; and removal of hardship variance standards. 2:21:03 P.M. PB Member Gannon requested the transcripts, and clarifications, of the revisions proposed by the Zoning Text Amendments (ZTAs). Attorney Merrill provided clarifications, pointing out that the proposed ZTAS intent is to achieve internal consistency with the language on same topics found throughout the City's Zoning Code. At PB Member Gannon's request, Ms. Cutt provided a definition of the term "net preservation," and explained the sequential mitigation process and its components (avoidance, minimization, and compensation), which intend to achieve enhancement, restoration, and preservation. Discussion ensued. 2:42:04 P.M. PB Member Morriss requested a description of the BPC. Mr. Waddill explained that the BPC is a non-profit organization, in a long-term partnership with the City of Sarasota, and is involved in fundraising and in the implementation of this plan, which is being developed on City-owned land. PB Member Morriss asked if there should be proposed language to refer to specific limitations for special events. Attorney Merrill responded that it is not necessary to include such language in the Zoning Code, because the City has a separate Special Events Code and a Manual, both of which address all aspects relating to special events; added that these two documents need to be referenced in the Zoning Code; and pointed out that all regulations applicable to special events in a park will also apply to this park. PB Member Morriss asked about the time frame for the Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 4 of9 completion of the environmental mitigation. Ms. Cutt responded that the time varies; and explained that the proposed language about environmental mitigation is similar to what is used in State and Federal permits. 2:54:32 PM PB Member Gannon asked for further clarification, stating that there will be a period of time in this process when the public will be waiting for the completion of mitigation, while they will have lost a benefit. Ms. Cutt explained that successful mitigation tries to achieve "like to like" and what makes ecological sense, as such, it varies, and it takes some time; added that this time is accounted for in the functional assessment that is required by the State of Florida; and added that the functional assessment allows for time between the beginning of mitigation and when mitigation reaches its prescribed success criteria. PB Member Gannon asked for additional information about the proposed activities in a passive park. Attorney Merrill pointed out that they are not proposing any activities or facilities that are not permitted in other parks, and they intend to follow the regulations of the City during special events, as outlined in the City's Special Events Code and Manual. Discussion ensued. 3:06:26 P.M. PB Vice Chair Ohlrich expressed concern about the proposed changes in the ZTAs allowing unregulated uses or development throughout the City. Attorney Merrill explained that no additional facilities, special events or additional uses are proposed. PB Vice Chair Ohlrich stated that the public is concerned about the proposed ZTAs undermining and eliminating constraints that protect neighborhoods and the environment. Attorney Merrill stated that the proposed ZTAs enhance the current development standards. PB Vice Chair Ohlrich asked if any State or Federal requirements are undermined or eliminated by the proposed ZTAS. Attorney Merrill stated that the State and Federal requirements will be applied in addition to the City's requirements. Ms. Cutt added that the State and Federal agencies will do their own independent review, noting the proposed language is consistent with the language required by the State and Federal agencies. 3:16:57 P.M. Responding to PB Member Salem's questions, Mr. Waddill stated that the basic maintenance of the park will be sponsored by the City while the enhanced maintenance will be the responsibility of BPC, in perpetuity; added that the management of the fees fromspecial events will be addressed in the upcoming Implementation Agreement with the City, which is due prior to opening the first phase of the park; noted that the park will be open, free and accessible to the citizens year round; and added that the City Commission will evaluate and have the final decision relating to which special events will be appropriate for this facility. 3:22:24 P.M. PB Chair Blumetti thanked the team for their efforts to prepare the ZTAs. Attorney Merrill, responding to PB Chair Blumetti's questions, stated that the Special Public Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page50 of 9 Overlay for this project was created to preserve the land as a park, in perpetuity; explained that "civic boardwalk and pier" are not included in Table VI-801, because they are not uses, they are structures, therefore they were added in the Open Space section as a Conditional Use; referred to footnote 6, and explained the involved process of applying for a Conditional Use which ends with Planning Board and City Commission public hearings; and explained the need for the necessary height adjustments that would be required under the current code, which were the reason for proposed Zoning Text Amendment #9. Due to technical difficulties, PB Chair Blumetti has lost his link to this meeting, and the Planning Board takes recess; the meeting resumes at 3:30 P.M., PB Chair Blumetti is present. PB Member Gannon referred to the definitions in Table VI-801 (Major Conditional Use), Subsections 4 and 6, noted that they have similar language and asked why they were not combined in one section to avoid duplication. Attorney Merrill explained that the two sections relate to two different types of land uses, Parks and Open Space (POS) on land VS. in water, and said while the lists of appropriate uses have common elements, they are not identical, because some uses are not appropriate for both POS on land and in water. 3:53:00 P.M. PB Member Morriss referred to the impact of special events on the surrounding neighborhood and asked for clarification of the team's definition of "neighborhood." Attorney Merrill and Mr. Waddill explained that there is a working group meeting with developments immediately adjacent and across the street from the park; and added that they also work with a community outreach working group which included many subdivisions. 3:57:28 P.M. PB Vice Chair Ohlrich asked why the definitions of civic boardwalks and piers do not include limitations as toheight, size, and color. Attorney Merrill stated that height, size, and color are addressed in the Conditional Use review process; and pointed out that they have to meet the review standards and criteria both: in Section IV-906 and in Section VI-804, which address height, size and color. PB Vice Chair Ohlrich referred to public input that calls for docks and fishing uses on the civic boardwalk. Attorney Merrill stated that there will be no docks at this location, because motorized boats are not allowed at this location; and noted that fishing will not be allowed because it is not a compatible use with pedestrians. 4:03:59 P.M. PB Member Salem suggested fishing be allowed on the civic boardwalk and possibly be restricted during certain events to avoid incompatible uses. Attorney Merrill and other team members explained that there will be another fishing location on the park, north Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 6 of 9 of the boardwalk, where fishing and docking boats will be allowed; and added that the area will be enhanced sO as to make it a successful fishing spot. 4:20:58 P.M. PB Chair Blumetti asked who will approve adjustments. Attorney Merrill stated that adjustments will travel with the proposed site plans, and some will be approved by the Planning Board, while others will be heard before the Planning Board and the City Commission for approval; and pointed out that due to the size of the 7 parcels where these adjustments could apply, they will not qualify for Administrative Review and approval. PB Chair Blumetti asked if there are any thresholds for mega-events. Attorney Merrill explained that this application addresses only 10 acres of the park, and this size is not conducive to mega-events; added that special events will be guided by the City's Special Events Code and implementation will be approved by the City Commission. Mr. Waddill noted that these matters will be examined closely and addressed during the development of the Implementation Agreement with the City, the preparation of which will follow the site plan process. 3:28:57 P.M. PB Member Gannon referred to the need for specific size limitations for civic boardwalks, similar to the size limitations for docks that are currently in the Zoning Code. Atorney Merrill pointed out the differences between civic boardwalks and individual residential docks or docks for residential multifamily communities; and pointed out that civic boardwalks are not standardized like docks. Discussion ensued. PB Chair Blumetti suggested that this topic be discussed during the site plan review. Staff Presentation 4:30:00 P.M. Ms. Gretchen Schneider, General Manager, Development Services stated that the proposed regulations provide a transparent and enhanced process, and they are consistent with the goals of the Comprehensive Plan. Responding to PB Member Gannon's question, General Manager Schneider explained that usually special events are permitted only in large parks, and require a permit from the City's Special Event's Coordinator; and noted that the way special events will be managed at BPC will be outlined in the mplementation Agreement between the BPC and the City. Discussion ensued. PB Member Gannon asked how BPC will enforce the restrictions on motorized crafts and fishing on the proposed civic boardwalk and pier. General Manager Schneider pointed out that they can use the City Police Department's Marine Patrol. 4:49:20 P.M. PB Member Salem stated his concerns about the restriction of fishing on the civic boardwalk and pier. General Manager Schneider stated under current zoning regulations fishing off the piers could be allowed, as appropriate. Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page7 of9 4:53:43 P.M. PB Member Gannon asked why there are no height limitations on the civic boardwalk, as there are currently limitations for docks. General Manger Schneider explained that piers do not have development standards, as they can be very different; and said each will be evaluated on a case by case basis. Discussion ensued. The Planning Board takes a brief break and the meeting resumes at 5:05:00 P.M. 5:13:05PM Attorney Robert Lincoln, representing the Condo on the Bay Association, discussed his revised analysis and suggestions on the proposed motions; noted that they are addressing environmental standards and special events; stated that frequent special events change the use of the property and have an impact on the surrounding neighborhood and the City at large, and, therefore, they should be subject to a thorough permitting process by the city, not the one proposed by the applicants; and discussed parking for special events. PB Member Gannon asked for clarification regarding the permitting process of special events as a Conditional Use, and the permitting process for special events as an accessory use in parks. Discussion ensued. PB Vice Chair Ohlrich asked about Attorney Lincoln's communications with the BPC and questioned if they had reached a stalemate. PB Chair Blumetti commented on Attorney Lincoln's presentation, expressed areas of disagreement; noted, however that he supports the inclusion of development standards for civic boardwalks and piers in the Zoning Code, and supports the thorough permitting of special events. Discussion ensued. Attorney Lincoln clarified the intent of his proposed motion regarding special events, stating that if a developer envisions that a site will be used for numerous special events per year, then "special events" is no longer an accessory use, it becomes a primary use, and the site should be reviewed by the City authorities accordingly. Discussion ensued. At PB Member Gannon and PB Vice Chair Ohlrich requests, Attorney Lincoln explained his methodology and his sources for the standards he proposed. Discussion ensued. The Planning Board takes a dinner break and will reconvene at 7:00 P.M. Public Input 7:00:00 P.M. The following citizens spoke in support of the proposed ZTAs: Dirk Plessner, resident; Cathy Layton, resident; Dr. Jennifer Shafer, Shafer Consulting; and Keith DuBose, resident - support the proposed application. The following citizens spoke in opposition to the proposed ZTAs, as presented: Mike Mullan, representative of Condos on the Bay Association, and Donna Moffit, resident - they support the adoption of standards for civic boardwalks and piers; Paige Atkins, resident, and Bill Diehl, resident - they oppose special events as accessory uses to parks. Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 8 of 9 Applicant Rebuttal 7:47:55 P.M. Attorney Merrill responded to all the points in Attorney Lincoln's presentation, including: amending the definitions for special events; requirement of exceptions for special events based on their size or their frequency; environmental standards; parking; inclusion of standards for the size and scale of a civic boardwalk and pier; and setbacks. Attorney Merrill stated that some of these items have not been noticed for today's public hearing; added that some of the above issues should be addressed on a Citywide basis, and related ZTAS should be initiated by the City; and added that other items the team thinks are unnecessary because they are addressed in other City, County, State or Federal regulations. 8:04:36 P.M. PB. Member Morriss asked if the BPC will issue the special events permits, and if SO, do they have a plan about how they will share information with the public. Mr. Waddill stated that this will be decided when they create the Implementation Agreement with the City, which will be adopted by the City Commission. Attorney Merrill, responding to PB Member Gannon and PB Vice Chair Ohlrich, explained the reasons the team does not support the inclusion of development standards for civic boardwalks and piers. Discussion ensued about BPC's public engagement during the development of the proposed ZTAs. Responding to PB Chair Blumetti, Attorney Merrill stated that only outdoor performances at the Van Wezel Performing Art Center will be considered "special events;" adding that he does not support giving special consideration to the size of the park, because that would make the ZTAs very specific, and then they would only apply to one property. Staff Rebuttal 8:23:49 P.M. PB Member Morriss asked General Manager Schneider to provide additional information about the permitting process of special events. General Manager Schneider stated that special events permitting is not the purview of her Department. Discussion ensued about noise complaints and closures of rights-of-way during special events. 8:27:08 P.M. PB Chair Blumetti closed the public hearing. 8:39:26 P.M. Motion 1 - re: ZTA Application 20-ZTA-08 PB Vice Chair Ohlrich moved to find ZTA Application 20-ZTA-08 consistent with the City's Comprehensive Plan and recommend approval to the City Commission. PB Member Morriss seconded the motion. Motion passes unanimously (vote 5 to 0). 8:47:45 P.M. Motion 2 - re: Regarding additional recommendations Minutes of the Special Planning Board Meeting October 21, 2020 at 1:30 p.m. in the Sarasota City Commission Chambers Via Communications Media Technology Page 9 of 9 PB Vice Chair Ohlrich moved to recommend the City Commission give a higher standard for review for permitting special events that exceed a certain size or certain frequency. PB Member Morriss seconded the motion. Motion passes with a vote of 4 to 1 (PB Member Salem voted "No.") 8:55:38 P.M. Motion 3: re: Development Standards for Civic Boardwalks and Piers PB Member Gannon moved for the Planning Board to request staff to research Development Standards that apply to Civic Boardwalks and Piers. PB Chair Blumetti seconded the motion. Motion passed unanimously (vote 5 to 0). V. APPROVAL OF CORRECTED MINUTES 1. August 27, 2020 2. September 9, 2020 8:59:00 P.M. The corrected minutes for the above referenced PB Public Hearings were approved by consensus. VI. ADJOURNMENT The Public Hearing adjourned at 9:00:00 P.M. Stéven R. Cover, Planning Director Damien Blumetti, Chair Planning Department Planning Board/Local Planning Agency [Secretary to the Board]