CITYOF SARASOTA Planning and Development Division Neighborhood and Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY April 10, 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-Negnborhood & Development Services Gretchen Schneider, General Manager-Planning & Development Dr. Clifford Smith, Senior Planner Ric Hartman, AICP, CNU-a, Senior Planner John Nopper, Coordinator-Public Broadcasting Karen Grassett, Sr. Planning Technician I. CALLI MEETING TO ORDER AND ROLL CALL Chair Ahearn-Koch called the meeting to order at 6:00 p.m. and General Manager Smith [as Secretary to the Board] called the roll. II. CHANGES TO THE ORDER OF THE DAY There were no changes to the Order of the Day. III. LAND USE ADMINISTRATION PUBLIC HEARINGS A. Reading of the Pledge ofConduct Secretary Smith read the Pledge of Conduct aloud. Attorney Connolly explained Quasi Judicial VS Non-Quasi Judicial proceedings. 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 1. ZONING TEXT AMENDMENT-ALCOHOL SEPARATION: Application 12-ZTA-03 proposes to eliminate the five hundred (500) feet alcohol separation requirement in the Zoning Code and establishes a required evaluation of the adverse effects, if any, of the proximity to certain other uses for compatibility as an additional standard to the Conditional Use approval process. (Dr. Clifford Smith, Senior Planner) Applicant/Staff Presentation: Minutes of thel Regular Planning Board Meeting April 10, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 6 Dr. Smith and General Manager Schneider appeared to present the application. Dr. Smith discussed the intent of the proposed text amendments, stated 'approving body" language had been revised to read "Planning Board" for Minor Conditional Uses and "City Commission" for Major Conditional Uses, and noted the proposed text amendments would allow Planning Board review for compatibility versus the Board of Adjustments reviewing/approving based on distance alone. PB: member Siegel stated the existing 500 foot separation provided more certainty than "compatibility", particularly next to residential development. Discussion ensued regarding the criteria used for evaluating conditional uses. PB member Siegel requested a source for determining where conditional uses had previously been approved and the specifics of those uses. Dr. Smith noted the information could be found on-line. Ms. Schneider stated in the past 5 years approximately 12 dozen applications had been filed, all of which received approval and noted a records request could be made to the City Auditor and Clerk's office for specific information. PB: member Gallagher questioned the definition of bars, taverns, nightclubs, and alcohol beverage stores. Discussion ensued regarding 2-COP licenses versus 4-COP licenses. PB member Svekis stated the 500 foot separation was arbitrary and questioned the definition of 'neighboring". Per the request of PB Chair Ahearn-Koch, Ms. Schneider discussed the background of the proposed text amendments. Discussion ensued regarding the use of "and" versus "or". Attorney Connolly suggested using the term "one or more". Further discussion ensued regarding separation distances, licensing, State regulation versus local regulations, the number of previously approved conditional uses that have been revoked, the process for suspending/revoking conditional uses, appeal process if a conditional use is suspended or revoked, and the process available to citizens to file complaints. Citizen Testimony: Mr. Pat O'Brien appeared and stated he represented a newly formed group Residents for a Livable Downtown". Mr. O'Brien noted there were 3 speakers and 3 additional members of the public that support their position but will not be speaking, stated the group supports the existing 500 foot separation requirement as it provides clarity, supports the additional criteria for evaluating the conditional uses and requested that amplified music and compliance with the sound ordinance be added to the criteria. Mr. O'Brien questioned the vague language of "approving body" and stated, in his opinion, the Planning Board would be the appropriate body. Mr. O'Brien noted he did not find anything in the criteria regarding revocation of the conditional use permits. Mr. Curt Schantz appeared and stated he too represented Residents for a Livable Downtown, the City has failed to protect the interests of the citizens that reside downtown, and stated he agreed with the comments made by Mr. O'Brien. Ms. Jill Kaplan appeared and stated she too represented Residents for a Livable Downtown, stated the group is growing, residents are frustrated with the City's lack of understanding and follow through with protecting the quality of life for its residents. PB member Siegel requested clarification that the proposal had been amended to eliminate the term "approving body" in Section VII, Section 602 (r) (1) and (r) (1) e and is substituting it with "Planning Board", and in the case of major conditional uses approving body" is substituted with "Planning Board and City Commission". Dr. Smith confirmed the amendments had been made. Minutes of the Regular Planning Board Meeting April 10, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 6 General Manager Schneider clarified the complaint process discussed earlier and noted that process was for code complaints and is not to be used for police matters. PB member Gallagher noted non-compliance with conditions of a conditional use permit could be made using the on- line complaint process. PB Chair Ahearn-Koch closed the public hearing. PB: member Svekis 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 changes referred to by Dr. Smith. Attorney Connolly read the changes into the record, the first being the two places in the text provided where the term "approving body" is used to be changed to Planning Board if: it is a minor conditional use and the Planning Board and City Commission if it is a major conditional use, and the second rewording (r) (1) e that deals with evaluating adverse effects to add "to one or more" before "to the nearest school or religious institution". PB member Gallagher seconded the motion. PB member Svekis stated that due to the number of variances that have been approved he feels the proposed text amendments deal with real versus imagined issues. PB: member Gallagher stated he supported the motion however wanted to address the comments from the public. PB member Gallagher recommended the new group educate its members as well as the public about who has conditional use permits and the process for when a problem arises. PB member Gallagher noted the citizens that spoke all mentioned quality of life, however, noise was all that was specifically mentioned, and if other things related to these uses that relate to quality of life those should be articulated as well. PB member Chapman stated she could not support the motion stating the only existing protection is the 500 foot separation requirement, and that if a motion had not been made she would have moved for a continuance for further discussions with citizens to include other text amendments that would provide for enforcement of the noise ordinance and to add language to make the proposed text amendments being considered more enforceable. Ms. Chapman stated she agreed with Mr. Siegel that the 500 foot standard is clear versus compatible being subjective. Ms. Chapman stated the proposed text amendment takes away the only protections against provisional uses that have adverse effects. PB member Siegel stated he opposed the motion and that while he appreciates the revisions staff proposed tonight that keeps the Planning Board in the process, separation is a certainty that has been upheld by judicial bodies while compatibility is meaningless in terms of zoning issues. Discussion ensued regarding enforcement of noise versus outside amplification. PB Chair Ahearn-Koch stated she likes the direction the City is going in and supports the citizen's movement, however enforcement is essential, there is not enough teeth in the proposed text amendments, and therefore the existing regulations that contain the 500 foot separation requirement should be maintained at this time as that provides certainty for residents. Minutes of the Regular Planning Board Meeting April 10, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 6 Secretary Smith called for a vote. The motion failed 2/3 with PB: members Siegel, Chapman and Ahearn-Koch voting no. PB: member Chapman made a motion to find Zoning Text Amendment 12-ZTA-03 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: member Siegel seconded the motion. PB member Svekis stated he could not support the motion noting inconsistencies in Planning Board actions. PB Chapman stated she felt the issue needed further consideration, additional discussion on compatibility and enforcement need to be held with the community. The motion carried 3/2 with PB members Gallagher and Svekis voting no. C. Quasi-Judicial Public Hearings 1. SARASOTA MEMORIAL HOSPITAL MEDICAL ARTS BRIDGE [1950 ARLINGTON STREET AND 1850 SOUTH TAMIAMI TRAIL!: Site Plan Application 13-SP-06 proposes a pedestrian bridge connecting the Medical Arts Building to the Hillview Street Parking Garage over the driveway 64 to 74 ft. south of Arlington Street. The bridge would be 10 ft. wide with approximately 20 ft. of clearance above the driveway. (Ric Hartman, AICP, CNU-a, Senior Planner) Attorney Connolly requested the Planning Board members reveal any ex-parte communications they had regarding the application. There were none. Applicant Presentation: Mr. Dan Bailey, Mr. Thomas Perigo, and Mr. Millard Yoder appeared to present the petition. Mr. Bailey noted a variance request associated with the project had been granted and the Hospital Board had submitted a letter of support. Discussion ensued regarding the slope of the proposed pedestrian bridge, the area the variance was granted, jaywalking, signage, and crosswalks. Mr. Bailey noted the pedestrian bridge would connect the 3rd floor of the parking garage to the Medical Arts building and approximately 150 spaces on the 3rd floor of the parking garage have been reserved for the Medical Arts Building. Staff Presentation: Senior Planner Hartman appeared and noted a condition of approval requires a landscape plan be submitted to save palm trees on the property. PB member Svekis stated he feels pedestrian bridges should be mandatory due to safety concerns. PB member Chapman made a motion to find Site Plan 13-SP-06 consistent with the Sarasota City Plan (2030), the City tree ordinance, and the standards for review specified by Sections VI-401, VI- 403, and VII-506 of the zoning code and approve the petition with the following conditions: The site plan and all related development and construction plans for the proposed bridge shall be in compliance with those labeled New Pedestrian Bridge for SMH Medical Arts Building, received by the Department of Neighborhood and Development Services on January 30, 2013. All final construction plans shall be subject to a full review for compliance with all other applicable codes by the Director of Neighborhood and Development Services. Prior to the issuance of a Building Permit, a landscape plan for the relocation of the two palm trees shall be approved by the City's Arborist and a tree permit issued. Minutes of the Regular Planning Board Meeting April 10, 2013. at 6:00 p.m. in the Sarasota City Commission Chambers Page 5of6 6 PB member Siegel seconded the motion. PB member Chapman stated she felt the bridge was important for patient safety. The motion carried unanimously. IV. CITIZEN's INPUT There was no citizen input. V. APPROVAL OF MINUTES 1. March 27, 2013 PB member Siegel noted page 2, paragraph needs to be revised to include his comments regarding the community's ability to file a report on community workshops as well as his reference to the applicability of the requirements under Section IV.201.4, paragraph f (1) of the Zoning Code for an additional community workshop if proposals are revised after the first two workshops. PB member Svekis noted on the top of page 4 the word " on" should be "one". The minutes were approved with the changes by consensus. VI. PRESENTATION OF TOPICS BY STAFF Due to a clerical error the items that should have been listing under this section were listed under Presentation of Topics by Planning Board. VII. PRESENTATION OF TOPICS BY. PLANNING BOARD 1. Proposed Topics for Workshop with City Commission Secretary Smith stated he had received emails from some of the Planning Board members regarding topics they would like to discuss in a workshop with the City Commission. PB member Siegel stated his concerns over how the Planning Board' S debates, especially over the NTOD project, was communicated to the City Commission by staff. PB member Siegel stated there must be a better way, particularly when there is a 3/2 vote, maybe by having Planning Board members attend City Commission meetings along with staff. PB member Siegel stated the Planning Board had a very good discussion regarding the Neighborhood and Future Land Use sections oft the Comprehensive Plan and requested the points they brought out be highlighted. Secretary Smith stated he would put the issues in matrix form for the Planning Board and City Commission. PB member Gallagher requested research as to how other communities are approaching transitioning issues prior to the meeting with the City Commission. PB member Chapman stated the Downtown Neighborhood Edge district has never been implemented, noting PB member Gallagher's project was reviewed based on that criteria. PB member Gallagher discussed the City's Strategic Plan goals relating to an economically sustainable community and a workplace that attracts and retains an outstanding workforce, questioning if an economic development section should be added to the City's Comprehensive Plan. Discussion ensued regarding researching what other communities have done in that regard. Secretary Smith stated that is a goal however due to staff shortages and budget restrictions the project has been delayed. Secretary Smith noted the effort should include Norman Gollub, the new Economic Development Coordinator for downtown Sarasota and the Economic Development Corporation. Secretary Smith further noted the need to create a plan for this area/region since communities have varying industries. PB Chair Ahearn- Koch stated the minutes ofthe meetings are too brief and stated a neighborhood advocate should Minutes of the Regular Planning Board Meeting April 10, 2013 at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 6 be named. PB member Svekis stated he had researched other community's use ofneighborhood advocates and found nothing and stated he believes the Planning Board should be debating future planning efforts as well as dealing with current issues. 2. Cancellation of April 24, 2013 Special Meeting Secretary Smith confirmed the 4/24/13 Planning Board special meeting would not be held. VIII. ADJOURNMENT The Planning Board adjourned at 8:00 p.m. ) Caret David Smith, General Manager Integration Jennifer Ahearn-Koch, Chair Neighborhood & Development Services Planning Board/Local Planning Agency [Secretary to the Board]