CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Planning Board Kathy Kelley Ohlrich, Chair Members Present: Terrill Salem, Vice Chair Members Damien Blumetti, Dan Clermont, David Morriss City Staff Present: Mike Connolly, Deputy City Attorney Steven R. Cover, Planning Director, Planning Department Lucia Panica, Director of Development Services Ryan Chapdelain, General Manager, Planning Department Briana Dobbs, AICP, Development Review Senior Planner Amy Pintus, Development Review Planner John Nopper, Coordinator, Public Broadcasting Karen Grassett, Sr. Planning Technician, Development Services Department 1:33:28P.M. I. CALL MEETING TO ORDER AND ROLL CALL PB Chair Ohlrich called the meeting to order and Director Cover [acting as the Planning Board's Secretary] read the roll call. II. CHANGES TO THE ORDER OF' THE DAY Secretary Cover stated City Manager Marlon Brown was present and wished to provide introductory remarks to the Planning Board. 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 ofo Conduct Secretary Cover read the Pledge of Conduct. 1:34:52P.M. City Manager Marlon Brown appeared and introduced himself; discussed the organizational structure of the City; stated he holds all employees to high standards in terms of responsiveness, accessibility and professionalism; said the budget and personnel are his highest priorities; noted the Planning Board plays a key role in the decision making in terms of development; stated the public is at the top of the organizational chart; and pointed out the City's the information that is available on the City's interactive website. PB Chair Ohlrich stated she appreciated receiving the weekly updates from the Planning Director and Development Services Director, as well as the DRC agendas; and pointed out the Planning Board members are citizen volunteers and therefore have no impact on the City's personnel budget. Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 2 of 9 1:43:59 P.M. Attorney Connolly recommended time limits for the presentations that will follow; and noted there are Affected Person applications for both agenda items. PB Vice Chair Salem stated for the record that the Applicant for the first item, Ms. Cason, had previously represented him. Attorney Connolly thanked PB Vice Chair Salem for the disclosure and stated thereare two standards for determining conflict of interest, financial gain, and the ability to be fair and impartial. PB Vice Chair Salem stated neither of those were applicable. Attorney Connolly noted the Affected Persons could question due process; called upon Karen Perrin and Sam Stern who had requested Affected Person status for application 21- REN-01; and stated since Mr. Stern was present, and Ms. Perrin was not he recommended Mr. Stern be granted Affected Person Status and Ms. Perrin not be granted Affected Person Status. PB Chair Ohlrich requested PB members disclose any ex-parte communications. PB Vice Chair Salem, PB member Blumetti and PB member Morriss stated they had done site visits on their own and received an email. PB member Clermont stated he had done site visits. PB Chair Ohlrich stated she had done site visits with staff and had conversations with staff. Attorney Connolly administered the oath for all present who intended to speak in the following public hearings. B. Quasi-Judicial Public Hearings 1. 4 Street LLC: Rezone Application No. 21-REN-01 is a request for Rezone without Site Plan approval to rezone the subject 15,750 square foot property with street addresses of 1274, 1282, and 1290 4th Street from Downtown Edge (DTE) to Downtown Core (DTC). The site is bounded by 4th Street to the north, Cocoanut Avenue to the east, and an alley to the south. The Future Land Use Classification is Downtown Core. (Briana Dobbs, AICP, Development Review Senior Planner) 1:47:59 P.M. PB Chair Ohlrich opened the public hearing. Applicant Presentation: Ms. Nancy Cason, Esquire, appeared and stated she represented 4 Street LLC; said the current zoning is Downtown Edge (DTE) and the applicant's wished to rezone the parcels to Downtown Core (DTC); pointed out the parcels fall within the Downtown Core Future Land Use classification and DTC is the only implementing zone district for that Future Land Use classificationynoted there are no development plans at this time; stated her client had a reasonable expectation that the request will be approved; acknowledged the proposed Zoning Text Amendment (ZTA) designating the portion of Cocoanut Avenue abutting the parcels as primary street and said if the ZTA is approved the primary street requirements would be met at the time of development discussed the surrounding zoning noting thirteen parcels in the area with the same Future Land Use classification had been rezoned to DTC; pointed out the subject parcels are currently vacant; and discussed the Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 3 of 9 step-down in height noting eighteen stories are permitted in the DTB zone district to the west, the DTC permits 10 stories and the RROD to the east permits up to seven stories if certain conditions are met. PB Vice Chair Salem questioned if any approval could include a stipulation that the development is tied to the Average Median Income (AMI). Attorney Cason stated she could not commit to that, noting there may be a different development team when the property is developed. 1:53:24 P.M. StffPresentation: Briana Dobbs, AICP, Development Review Senior Planner, appeared and stated the request is for a rezoning without a site plan;pointed out the location of the subject property noting there are three parcels included; presented aerial and zoning maps; stated 4th Street is a primary street; said the parcel is considered a zoning enclave because the existing zoning does not match the Future Land Use classification; noted there is no existing development on the subject properties; stated the requested zoning of Downtown Core (DTC) is the only implementing zone district for the Future Land Use classification; discussed the existing surrounding zoning, Future Land Use classifications and uses; pointed out thirteen parcels in the area have been recently rezoned to the implementing zone district of DTC; noted twelve additional parcels in the area are still zoning enclaves; said the two parcels to the west of the subject parcels and the parcel the west of Encore are limited to five stories; presented a zoning comparison chart; noted the Rosemary Residential Overlay District (RROD) allows up to seven stories if the Urban Open Space or Transfer of Development Rights (TDRs) are provided; stated the City Commission has directed staff to process a zoning text amendment to designate Cocoanut Avenue from Boulevard of the Arts to 1st Street as a primary street; said if the zoning text amendment is approved the subject parcels will be required to meet the primary street standards; discussed primary street standards and presented a graphic showing examples; said the required community workshop was held and the primary concerns voiced were height, the provision of retail, and compatibility; stated the traffic review found the project to be de minimus; said the Development Review Committee (DRC) sign-off on May 4, 2021; and said staff recommend approval subject to one condition. PB Member Blumetti requested Attorney Connolly reiterate the law as it relates to Future Land Use classifications that only have one implementing zone district. Attorney Connolly stated Florida Statutes state the rezoning must be consistent with the Comprehensive Plan and DTCi is the only zone district that would meet that requirement. PB Chair Ohlrich questioned where the details in the traffic study were derived from. Development Review Senior Planner Dobbs stated the maximum potential use in the requested zone district are used for analysis when no site plan is proposed. PB Chair Ohlrich questioned if the maximum use was applicable to all Standards of Review. Development Review Senior Planner Dobbs confirmed that was correct and pointed out a more extensive review is done at the site plan stage. PB Chair Ohlrich stated the Planning Board members had received an emailed letter from the Rosemary District containing four recommendations requesting the developers voluntarily build to primary street standards, limit the height to five stories, voluntarily increase the width of the sidewalk and separate that from the curb, install shade trees, activate the ground floor frontages, and hold Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 4 of9 meaningful public meetings; stated several had already been addressed; and requested Development Review Senior Planner Dobbs respond to the four recommendations. Development Review Senior Planner Dobbs responded by stating the proposed zoning text amendment will address the primary street requirements, the applicant had declined during the DRC process to limit the height to five stories, the Engineering Department will require an eight-foot sidewalk as part of the site plan review, the first two stories are required to have twenty foot deep habitable space. for the portion fronting a primary street; and noted she felt ten stories was compatible. PB Chair Ohlrich stated the Planning Board members had received an email from Mr. Dan Solaz that referenced the slope of the property, as well as two other issues that are code compliance issues. Development Review Senior Planner Dobbs stated there is a natural slope to the property; and noted stormwater runoff is addressed during site plan review. PBI Member Morriss questioned how DTC zoning "worked" with the RROD. Development Review Senior Planner Dobbs stated properties in the RROD can go up to seven stories if they provide urban open space or Transfer of Development Rights (TDRs); noted properties in the DTC. zone district cannot receive additional height; and pointed out seven versus ten stories is considered compatible. Discussion ensued. 2:13:27 P.M. Affected Persons: Mr. Sam Stern appeared; stated he is a resident of Encore and President of the Condominium Association; noted the applicants for an adjacent parcel had proffered a height of five stories; said with this proposal the building heights in the area will increase from five stories to ten stories to RROD; and requested the developer work with the neighbors and proffer five stories. 2:15:01 P.M. Citizen Input: Mr. Dan Solaz stated he had concerns regarding the slope of the property, the fact no site plan was being considered at this time, and the increase in alley traffic; and stated the developers need to work with the neighbors. 2:19:11 P.M. Rebuttal: PB Chair Ohlrich requested Attorney Connolly state the criteria for rebuttal. Attorney Connolly stated rebuttal is responding to comments made since your testimony. Affected Persons and staff had no rebuttal. Attorney Cason appeared and proffered the developers would hold a community workshop. PB Chair Ohlrich stated that was not the same as an on-going dialog and asked Ms. Cason if she would proffer on-going dialog. Discussion ensued. Ms. Cason reiterated she was willing to proffer one community workshop. PB Member Clermont questioned since there was no site plan why the Planning Board would want to approve the request. Attorney Cason stated because it is consistent with the Comprehensive Plan. PB Member Clermont questioned what the community benefits Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 5 of 9 were. Attorney Cason stated the elimination of the zoning enclave. Attorney Connolly stated the City Commission had previously approved the Future Land Use classification; said the City Commission had envisioned a stepdown between eighteen stories and five stories; and in approving the Future Land Use classification made the decision it was a public benefit. Discussion ensued. 2:26:43 P.M. PB Chair Ohlrich closed the public hearing. PB Member Morriss made a motion to find Rezone 21-REN-01 consistent with Section IV- 1106 of the Zoning Code and recommend to the City Commission approval of the petition subject to two conditions, the staff condition, and the proffer to hold a community workshop. PB Member Blumetti seconded the motion. PB Member Morriss stated there is only one implementing zone district and noted the Applicant's s proffer to hold a community workshop. PBI Member Blumetti noted the zoning was allowed by right; stated uneven building heights make for a unique skyline; said the parcels are to the north of Encore sO light is not an: issue; said the concerns brought forward by the Rosemary District should be addressed in the Code rather than proffers; and stated the proposal meets the applicable Standards for Review. PB Vice Chair Salem stated the Planning Board's hands were tied; said the City Commission needs to look at development in the downtown area noting the average person cannot afford to live downtown; and said development needs to be tied to the Average Median Income (AMI) for the area. PB Member Clermont stated the request is consistent with the Future Land Use classification; noted there was no site plan to review; stated ten stories was ok for the area; pointed out changes in building height in an area was ok; and said this was the direction the city wanted to go. PB Chair Ohlrich stated she appreciated the proffer of a community workshop; and said she hoped that would lead to an on-going dialog. The motion passed 5/0. 2. 1625 Hansen Street Rezone: Rezone Application No. 21-REN-03 is a request for Rezone without Site Plan approval to rezone the subject 20,470 square foot property with a street address of 1625 Hansen Street from Residential Single Family-1 (RSF-1) to Residential Single Family-2 (RSF-2). The Applicant has demolished the existing structures and proposes to divide the parcel into two lots, both of which would meet the minimum lot size requirement of 10,000 square feet. The Future Land Use Classification is Single Family (Very Low Density). (Amy Pintus, Development Review Planner) Minutes of thel Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 6 of 9 2:32:55 P.M. Attorney Connolly callled Affected Person applicant Sheldon Rich. Mr. Rich was present, sO Attorney Connolly recommended hel be given Affected Person status. PB Chair Ohlrich stated the time limits were the same as the previous public hearing. 2:32:55 P.M. PB Chair Ohlrich opened the public hearing. Applicant Presentation: Mr. Bruce Franklin, Agent; Mr. Joseph Rego, representing Diocese of Venice; and Attorney Joseph DiVito, counsel to the Diocese of Venice, appeared. Mr. Franklin noted the location of the request; said the request was to rezone the site from RSF-1 to RSF-2 without a site plan; stated the subject parcel is just over 20,000 sq. ft.; stated an existing structure was demolished noting there were code issues; pointed out the adjacent parcel to the west is zoned RSF-2 and has two single family dwelling units; said the site was annexed into the City in 2010; stated the intent is to develop the site with two single family homes which would be an overall increase of one single family home; discussed the surrounding zoning; and said RSF-2 zoning is compatible with the County zoning, is consistent with the Comprehensive Plan, and is compatible with the neighborhood. PB Member Blumetti questioned if the Diocese of Venice owned the property before it was annexed into the city. Mr. Franklin stated the Diocese of Venice purchased the property last year. 2:40:50 P.M. Staff Presentation: Ms. Amy Pintus, Development Review Planner, appeared and stated the request is for a rezone without a site plan for property located at 1625 Hansen Street; said the property is approximately .47 acres in size and is currently vacant; stated the existing zoning is RSF-1 and the Future Land Use classification is Single Family - Very Low Density; pointed out the surrounding zoning; stated the request is to rezone the subject property to RSF-2; noted RSF-2: is an: implementing zone district; said the required community workshop was held, the traffic analysis found the project to be de minimum (as all single family is), and the DRC signed-off on May 6, 2021; and said staff recommended approval. PB vice Chair Salem questioned why the city zoning was different than the previous County zoning. Development Review Planner Pintus stated that was due to the parcel not being rezoned at the time it was annexed, noting RSF-2 zoning in the County converts to RSF-1 in the City upon annexation per Section VII-1604. PB Chair Ohlrich referenced a statement in an email from Mr. Sheldon Rich that said there are seven different zonings within five to six houses in the area and questioned why the staff report only addressed the Standards of Review for RSF-1 and RSF-2 zoning. Development Review Planner Pintus presented a chart showing density, lot size etc. of the surrounding parcels, noting a number of those had been annexed into the city when City utilities became available. PB Chair Ohlrich questioned if Mr. Rich was commenting in his compacity as a City Advisory Board member or a citizen, noting Mr. Rich's s email was sent from a city email account. Development Review Planner Pintus stated she believed Mr. Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 7 of9 Rich was commenting as a citizen. Discussion ensued regarding using City email accounts for personal business. 2:48:49 P.M. Affected Persons: Mr. Sheldon Rich appeared and stated he is Vice Chair of the Police Complaint Committee and inadvertently used his City email for personal business; discussed the recent history of the subject parcel; noted the seven zone districts in the area he referenced came from the Property Appraiser's S website; said he attempted to purchase the property but his offer was not accepted and no counter-offer was presented; and stated his primary concerns are the flow of light and air, privacy, drainage, and the varying zone districts on Hansen Street. 2:56:13 P.M. Citizen Input: There was no citizen input. 2:56:30 P.M. Affected Person Rebuttal; Attorney Connolly stated for the record that rebuttal is where a person rebuts evidence that has come into the record since their previous testimony; and noted Mr. Rich has nothing to rebut because there has been no testimony since his. PB Vice Chair Salem questioned if Mr. Rich had counteroffered for the property. Mr. Rich stated he did not receive a counteroffer to counteroffer. PB Vice Chair Salem pointed out the plan for this site is similar to the plan the developer of his property pursued. Mr. Rich noted he purchased his property new after it had been constructed. Staff Rebuttal: There was no staff rebuttal. Applicant Rebuttal: Mr. Franklin appeared and stated the property owners were not marketing the property at this time; pointed out drainage is addressed through the permitting process; noted Mr. Rich's property went through the same process prior to being developed; and stated the request is consistent with the Comprehensive Plan and the neighborhood. 3:00:19 P.M. PB Chair Ohlrich closed the public hearing and noted the staff recommendation had been revised to add a condition that is required by Florida Statutes. PB Member Morriss made a motion to find Rezone 21-REN-03 consistent with Section IV- 1106 of the Zoning Code and recommend to the City Commission approval of the petition with the one condition. PB Vice Chair Salem seconded the motion. PB Member Blumetti stated the Applicanthad purchased the property knowing the zoning was RSF-1; and said if the area did not have varying zone districts and the adjacent parcel was not zoned RSF-2 this request would likely not be approved. Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 8 of 9 PB Member Morriss noted RSF-2 zoning is the least intense implementing zone district; pointed out the setbacks, etc. would be the same for RSF-1 as it is for RSF-2; and noted adjacent property owners do not own the view. PB Member Clermont stated the request was compatible with the area. PB Vice Chair Salem stated the request was within the rights of the property owner. The motion passed 5/0. IV. CITIZEN's INPUT NOTICE TOT THE PUBLIC: At this time Citizens may address the Planning Board on topics of concern. Items which have been previously discussed at Public Hearings may notl be addressed at this time. (A maximum 5-minute time limit.) 3:04:48 P.M. There was no citizen input. V. APPROVAL OF MINUTES 3:09:28 P.M. 1. May 12, 2021 The May 12, 2021, minutes were approved as presented by consensus. VI. PRESENTATION OF TOPICS BY STAFF Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. 3:05:14 P.M. Secretary Cover stated the plexiglass partitions in the Chambers would be removed soon. Development Services Director Panica introduced Kevin McAndrew, General Manager, a gave an overview of his responsibilities and a brief history of his career, noting he has 37 years of experience. Mr. McAndrew stated his career had primarily been representing applicants and developers and said he is excited to be part of the team. Secretary Cover thanks PB Member Morriss for his service on the Planning board; stated the City Commission had appointed Michael Halflants as the replacement starting with the July Planning Board meeting; said the Planning Board responsibilities were transferred to the Development Services Department effective immediately; and pointed out as such he will no longer be the Secretary to the Planning Board. Director Panica stated Mr. McAndrew would be the Secretary as of the July meeting. VII. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future action will be placed on the next available agenda for discussion. 3:11:00 P.M. Minutes of the Regular Planning Board Meeting June 9, 2021, at 1:30 p.m. in the Sarasota City Commission Chambers Page 9 of 9 PB Chair Ohlrich stated Miles Larsen and John Nopper had received the Team of the Month award for their efforts in holding public meetings in-person and via Zoom; thanked Colleen McGue, Chief Transportation Planner, for her support and wished her well; and thanked PB Member Morriss for his service on the Planning Board and wished him well. PB Member Morriss stated is has been a huge pleasure and thanked his fellow PB members. PB Member Blumetti stated the timer needs to be used when citizens are providing input. PB Chair Ohlrich asked about a staff presentation that was supposed to occur regarding the City's website, specifically regarding zoning text amendments. Director Panica requested clarification. Discussion ensued. Director Panica stated a presentation would be made at the next meeting. PB Vice Chair Salem stated his concerns regarding the lack of affordable housing; questioned what actions the Planning Board could take; and pointed out the average citizen cannot afford to live in the city. Director Cover stated the: issue will be addressed in forthcoming zoning text amendments by the inclusion of incentives; and pointed out affordable housing cannot be mandated due to laws passed by the State Legislature. PB Vice Chair Salem asked if staff had requested input from developers. Director Cover stated discussions had occurred and said it is difficult to get the development community to even consider providing affordable housing. PB Member Morriss stated the need to pay close attention to the AMI multiplier. Discussion ensued. PB Vice Chair Salem pointed out the downtown is not affordable for locals. VIII. ADJOURNMENT The meeting adjourned at 3:22:15 P.M. kw MHAulint ootivy aks Dpo Kevin McAndrew Kathy Kelley Ohlrich, Chair Development Services Department Planning Board/Local Planning Agency [Secretary to the Board]