CITY OF SARASOTA Planning and Development Division Development Services Department MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Planning Board Eileen Normile, Chair Members Present: Damien Blumetti, Vice Chair Members Patrick Gannon, David Morriss, Kathy Kelley Ohlrich Planning Board Members Absent: City Staff Present: Mike Connolly, Deputy City Attorney Steven R. Cover, Planning Director, Planning Department Lucia Panica, Manager of Development Services Jim Koenig, AICP, Senior Planner Dan Greenberg, Development Review Planner Dan Ohrenstein, Assistant City Engineer Miles Larsen, Manager, Public Broadcasting Karen Grassett, Senior Planning Technician I. CALL MEETING TO ORDER AND ROLL CALL 6:00:00 P.M. PB Chair Normile called the meeting to order; Planning Director Cover [as Secretary to the Planning Board] read the roll call. II. CHANGES TO THE ORDER OF THE DAY 6:01:22 P.M. Attorney Connolly explained the changes as follows: Move up in the agenda the Quasi-Judicial Public Hearings on the Bahia Vista Medical Office Building Site Plan Application No. 19-SP-07, and the Pines of Sarasota Rezone Application No. 19-RE-01 and Site Plan Application No. 19-SP-08; The Bath & Racquet Club applications: Comprehensive Plan Amendment Application No. 18-PA-02, Rezone Application No. 18-RE-02, Site Plan Application No. 18-SP-15, and Major Conditional Use Application No. 18-CU-04 will follow; and not have any Legislative Public Hearings. The Planning Board approved the changes by consensus. 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.) Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 2 of 21 A. Reading of the Pledge of Conduct 6:02:23 P.M. Secretary Cover read the Pledge of Conduct. HPeNeAewr 1. Bath-4-Rapu-Clab (2170-& -Raliahwn-Sin-Camprshae-Pan Amendment-Applieatio-1EPABbepteamataemd-lhe-CiyefSansela Cemprehensive-Plan-bychamging*e-Pulureland-Use-Map-chasiificatien-ef-the Prepetylesidat2p0intRasiSedSeret-amowmarthe Bal-4-RarpetClwbr-fammaiH-Phwisalami-Uae dasiatieamd-he-CemwyCemeaelamal-edasifastionte-the Malepie-Famiy-PMiaium-Pay-Pan-Uw-daasifiatien-Appliaent-is requestingte-reserepeme-theprepereperty-andredevelep-the-site lim-keenig-AICH,Senier-Plamnen) B. Quasi-udicial Public Hearings 1. Bahia Vista Medical Office Building (2750 Bahia Vista Street): Site Plan Application No. 19-SP-07 is a request for Site Plan approval to construct a Medical Office Building on a portion of the subject property located in the Medical Charitable Institutional (MCI) Zone District with a street address of 2750 Bahia Vista Street. (Dan Greenberg, Development Review Planner) Attorney Connolly administered the oath to all that intended to speak this evening. 6:04:50 P.M. Applicant Presentation: Attorney Connolly called the following individuals who had filed applications for "affected person's" status: John Hanlon; Mary Boutieller; Chester Pletzke; Nathan Wilson; and Rachel Wilson. Attorney Connolly recommended that the Planning Board grant Chester Pletzke affected person's status, because, unlike the other individuals, he was present at the public hearing. PB Chair Normile noted that the order of the agenda has been revised, and this may be the reason the other individuals are: not in attendance at this time; and recommended that their names be called again, at the time the 'affected persons" are called to provide input for this application. Attorney Connolly agreed. PB Chair Normile asked the PB Members if they have had ex-parte communications. PB Member Ohlrich, PB Vice Chair Blumetti, and PB Chair Normile disclosed that they have visited the site. 6:06:21 P.M. Mr. Freedman, Agent, introduced himself for the record; stated he was representing Bahia Vista Associates, LLP; noted that Betsey Kane-Hartnett is the Managing General Partner of this partnership; introduced the project architect Colin Derek, of Fleishman Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 3 of 21 Garcia Architects; added that in the audience are more members of their team, including Civil Engineer Mark Mueller of Infrastructure Solutions Services LLC, Phil Smith, Landscape Architect, and Developer Aaron Ruben of Casto Southeast. Mr. Freedman stated that the 1.34-acre subject parcel is located at the southwest quadrant of the intersection of Bahia Vista Street and South Tuttle Avenue, and it was at one time part of the old Doctor's Hospital; said the applicant proposes to build a medical office building on the subject parcel, and requests site plan approval; explained that the property is designated Medium Density Residential on the Future Land Use Map, but iti is currently zoned Medical Charitable - Institutional (MCI); added that the applicant will use the existing zoning to develop the property; stated that the proposal is for a 15,000 sq.ft. single story medical office building, located close to the street with parking in the back; noted that they will utilize the existing storm-water system; and stated that they are providing 8-ft. sidewalks and that they intend to grant easements to the City for the sidewalks. 6:10:16 P.M. Mr. Derek stated that this is a conventional one-story building, parapets will cover the air conditioning units on the roof, parking will be on the interior, and the entry to the project will be on Tuttle Avenue. 6:11:01 P.M. Mr. Freedman described the zoning designations on the surrounding properties; pointed out that the subject parcel is surrounded by office uses; added that there is residential but it is not located near the subject parcel; said that the applicants are in total agreement with the staff recommended conditions for approval, one of which requires a lot split; and stated that the applicant has prepared the paper work for both the lot split and the sidewalk easements, and will record them once the applicant has an approved site plan. 6:12:05 P.M. PB Member Gannon referred to the sidewalk diagram and asked why the sidewalk is nicely meandering along Tuttle Avenue, but not along Bahia Vista Street. Mr. Mueller stated that the existing sidewalk along Bahia Vista will be widened to 8 feet, but cannot meander because of existing utilities, a bus stop with a shelter, and because of considerations relating to the function of the entrance on Tuttle Avenue. Responding to PB Member Gannon, Mr. Freedman stated that the trees on this llustration are new trees; and added that there is an existing tree that they will save as they meander the sidewalk on Tuttle Avenue. 6:14:09 P.M. PB Vice Chair Blumetti noted that there is a 2-ft. overhang over the buffering on the south side of the building and asked for clarification. Mr. Freedman explained that it is allowed if the landscape buffer is wide enough. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 4 of 21 6:15:41 P.M. PB Chair Normile referred to p.20 of the staff report in the packet and asked about trip generation. Mr. Freedman referred that question to staff. 6:16:43 P.M. Staff Presentation: Development Review Planner Greenberg introduced himself for the record; described the proposed application, noted that the subject parcel is the vacant portion of a larger property, which currently includes medical offices and a parking garage; and pointed out that there was an office building on the vacant subject parcel, which was considered in the traffic review. 6:17:48 P.M. Mr. Ohrenstein, Assistant City Engineer, introduced himself for the record; explained that the extra trips from this site were not vested on the rest of the site; and noted this report just looks at this property. 6:18:34 P.M. Development Review Planner Greenberg stated that there is access to the site both from Bahia Vista Street and from Tuttle Avenue; noted there are 50 parking spaces, one loading space, and 6 bicycle racks; said one grand tree will be saved, and there are 13 palms that will be removed; noted that the applicant proposed to plant 18 new palms, and 45, 3-inch caliper trees that will be located in the Type A perimeter landscape buffer; added that the maximum building height is 35 ft, the applicant is proposing a 50 ft. setback on the southern boundary, and a 118 ft. setback on the west; and concluded that staff has found the application in compliance with the review standards, and recommends approval with the conditions listed in the staff report. 6:21:50 P.M. Responding to PB Vice Chair Blumetti, Development Review Planner Greenberg stated that the section of the City's Zoning Code that allows the encroachment in the buffer area is in Article VII, Division 2 or 3. 6:22:49 P.M. Public Input: Attorney Connolly called again the names of the persons who had submitted applications for affected person'ss status. Mr. Pletzke was the only one present. 1. Chester Pletzke expressed concerns because the Arlington Park Neighborhood was not contacted by staff or planners; spoke in opposition and said this should be reviewed with Phase II of the development of the site. 2. Robert Grant - spoke in opposition; expressed concerns about traffic; and suggested to delay this so it can be reviewed along with Phase II of the development of the site. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 5 of 21 PB Vice Chair Blumetti stated that the Planning Board can only consider the site plan before them this evening. PB Chair Normile noted that the applicant is developing his property according to the Zoning Code; and stated that property rights weigh heavily. 6:32:40 P.M. Applicant Rebuttal: Mr. Freedman pointed out that the reference to the allowable encroachment on the landscape buffer is located in Section VII, Division 3, 7304(2)(f); expressed disappointment with Mr. Pletzke's testimony because he said that the team sat in Mr. Pletzke's] house and explained to him the development on the remaining portion of the property; stated that in the Community Workshop for that property, they also mentioned the medical office site plan, which is not a requirement; and pointed out that the applicant is providing the 8: ft. wide sidewalks along Bahia Vista Street. 6:33:33 P.M. Mr. Ruben stated that they met in Mr. Pletzke's house on August 1st, and had a second meeting, at his request, on September 12, 2019 at City Hall, where they met with him and other members of Arlington Park; added that every time they reached out to the developer, he spoke to them on the phone and considered their community's concerns; and concluded that they have been and want to be good neighbors. 6:35:14 P.M. Mr. Freedman explained the ownership of the parcels; and emphasized that this is a stand-alone project. 6:35:59 P.M. PB Member Ohlrich provided a summary of what has been said, that this is a stand- alone project, and it meets the requirements of its current zoning designation, MCI Zoning District. 6:36:51 P.M. PBMember Gannon stated that the owner of the subject parcel is Bahia Vista Associates, LLP, who plan to develop an office building on this parcel, and plan to sell the remaining property to another entity. Mr. Freedman concurred. 6:37:31 P.M. Staff Rebuttal: Development Review Planner Greenberg repeated that this is a stand-alone project and referred to staff recommended Condition 1, which relates to the lot split. Responding to PB Member Gannon, Development Review Planner Greenberg stated that there is no requirement for a Community Workshop for this project. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 6 of 21 6:38:35 P.M. PB Member Ohlrich moved to find Site Plan 19-SP-07 consistent with Section IV-506 of the Zoning Code and the Tree Protection Ordinance and approve the petition, subject to the following conditions: 1. As a condition precedent to the issuance of the first building permit arising out of Application No. 19-SP-07, the Applicant shall file and secure approval of a boundary adjustment plat to legally split the subject area from the existing parcel as shown on Site Plan 19-SP-07. 2. The site plan and all related development and construction plans for the proposed structure and site layout shall be in compliance with those labeled Bahia Vista Medical Office, received by the Development Services Department on October 9, 2019. All final construction plans shall be subject to a full review for compliance with all other applicable codes by the Development Services Director. 3. Prior to the issuance of the first building permit to arise out of Site Plan 19-SP-07, the applicant shall submit to the City of Sarasota the recorded public sidewalk easements, access easements or proof of dedication for the portions of the sidewalk as depicted on Site Plan 19-SP-07 that cross into and over the subject property. 4. The issuance of this development permit by the City of Sarasota does not in any way create any right on the part of an applicant to obtain a permit from any state or federal agency and does not create any liability on the part of the City of Sarasota for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in violations of state or federal law. All other applicable state and federal permits shall be obtained before commencement of the development. PB Vice Chair Blumetti seconded the motion. Motion passed unanimously (vote 5 to 0) 6:39:19 P.M. 2. Pines of Sarasota (1199 & 1501 N Orange Avenue): Rezone Application No. 19-RE-01 and Site Plan Application No. 19-SP-08 are a request for Rezone of the subject 25.26 acrej parcel with street addresses of 1199 N Orange Avenue and 1501 NOrange Avenue, known as Pines of Sarasota, from the Office Regional District (ORD) Zone District and the Industrial (I) Zone District to the Downtown Edge (DTE) Zone District and for approval of a Site Plan for Phase 1 of the redevelopment plan for a 6.61 acre portion of the site. Phase 1 consists of replacement of existing facilities and improvements to drainage and access. (Lucia Panica, Manager of Development Services) 6:39:35 P.M. Attorney Connolly stated that there are no applications for affected person status for this application; and administered the oath to all who intended to speak this evening but had not yet been sworn. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 7 of 21 Applicant Presentation: Mr. Joel Freedman, Agent for Pines of Sarasota and his team introduced themselves for the record, including Mr. Mark Adler, Civil Engineer with George Young, Inc.; Mr. Darrell McLain, Architect with Harvard Jolly; Mike Ward, CEO of Pines of Sarasota, and Phil Smith, Landscape Architect with David W. Johnston Associates Inc. Mr. Freeman stated that the team is here to discuss a rezone and a site plan for the first phase of the project which they call The Pines of Sarasota Master Plan. 6:41:18 P.M. Mr. Ward provided a brief history of the Pines stating Pines of Sarasota was founded in 1948; described the services Pines of Sarasota provides including elderly care, child care, intergenerational programs, and free training for Certified Nursing Assistants/CNAs); noted they also run a thrift store; stated that the first phase of the project will replace three 30-year old buildings with a new Nursing Care Center with centralized campus support services; and requested support for the proposed rezoning to Downtown Edge (DTE) and the Site Plan. 6:43:51 P.M. Mr. Freeman pointed out that this is a complex project because they will be replacing existing buildings; provided an overview of the project stating the project is on a 25.26 acre-property located west of Orange Avenue; added that in 2015 Pines of Sarasota acquired the southern portion of the site and an amendment to the City's Future Land Use Plan was approved that changed the Future Land Use designation to Metropolitan Regional Center, because its implementing Zoning District Downtown Edge (DTE) accommodates the density as well as the multiple uses on the site; pointed out that projects in the DTE district qualify to receive administrative review; noted the Comprehensive Plan Amendment requires that the applicant proffer this rezoning and site plan, and that in each of the follow-up phases this project will go through the same process, including Community Workshops, DRC and Staff review, Planning Board City Commission public hearings to ensure compliance with the Master Plan for the Pines and compatibility with the surrounding area; stated that the subject parcel's current zoning is Office Regional District (ORD) and Industrial (I) and the applicants propose to change it to Mixed Use; said there will be no change in the existing use; and described the surrounding existing land uses. 6:47:31 P.M. Mr. McLain described the way the Pines will redevelop; ;noted that there are two access points to the property off of North Orange Avenue; said that the first building to be demolished is one of the two child care facilities; explained the functions of each of the existing buildings; stated that the goal of Phase I is to combine all residential facilities into a two story facility adjacent to the existing Veranda Building, because now the residents are spread out, making it hard to get the right staff/resident ratio, and to provide services; said that the new buildings will be connected on the 2nd floor with the existing buildings SO that they operate as one facility; noted that Pines is licensed by the State for 200 beds, and this number will not increase; added that the kitchen, Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 8 of 21 laundry, and hair salon will also be moved into the new complex; said that in summary, Phase I will include the demolition on two buildings; noted the Memory Care Facility will continue to operate; added that after the CO for the new building is issued the residents will move to the new building, and then the Memory Care Building will be demolished to allow for the construction of the parking facilities; provided architectural renderings of the proposed building; and said that the Phase II will be coming next year. 6:55:52 P.M. Responding to PB Member Ohlrich's question, Mr. McLain said the new Day Care Facility is for childcare for the children of the staff. 6:56:11 P.M. Responding to PB Member Morriss' question, Mr. McLain said that right now they are focusing on Phases I and II, and they do not plan to increase the number of beds in the Skilled Nurse Facility; explained that assisted living beds and independent living beds are not licensed; stated that the land they purchased was a concrete plant and had a lot of concrete rubble which was removed; and said there was some contaminated soil on the adjacent railroad property, but there were no contaminated soils on Pines property. 6:57:25 P.M. Responding to PB Vice Chair Blumetti, the team confirmed that this evening the Planning Board is reviewing a Rezone application for the entire property and a Site Plan application for Phase I, and that the existing facilities that will remain on the Phase I property are for uses that are consistent with DTE zoning. 6:57:36 P.M. PB Chair Normile referred to licensed beds and asked if they can get licensed for more beds. Mr. Ward said that it is unlikely, because currently there is a moratorium on Certificates of Need (CON) in Florida and the only way to acquire more beds is to buy them from another provider; and added that 204 beds is a good number for a Skilled Nursing Facility. Responding to PB Chair Normile's question, Attorney Connolly provided clarification regarding Mr. Freedman's earlier comments relating to the applicant's proffer. 6:59:50 P.M. PB Member Ohlrich referred to the pedestrian path shown on Sheet L-9, and asked why the pedestrian path did not go around the entire property of Phase I. Mr. Smith, Landscape Architect, stated that there were space limitations due to the pond, and they wanted to keep pedestrian traffic away from service areas; and added that the pedestrian path will be enhanced in Phase II where they will be providing a park on site. 6:59:50 P.M. PB Vice Chair Blumetti stated that the only reason they are going to the City Commission is the Rezone application, and asked if in the future they wanted to amend the site plan Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 9 of 21 will they stop at the Planning Board public hearing, and not have to go to the City Commission. Attorney Connolly explained that this Site Plan is proffered to be part of the Rezone, and as such it goes to the City Commission. 7:03:47 P.M. Mr. Freedman noted that the applicant will tear up the existing 6-ft. wide sidewalk along Orange Avenue and will build an 8-ft. wide sidewalk. 7:04:17 P.M. Staff Presentation: Lucia Panica, Manager of development Services, introduced herself for the record; described the subject property, its location, the land use, zoning district, and the proposed use; referred to the proffered Site Plan for Phase I; discussed the types of buffers and number of grand trees to be preserved; added that the Community Workshop was held on April 24, 2019; noted that the Transportation Concurrency Analysis and Traffic Circulation Review found the project to be de minimis; said that the DRC signed off on August 21, 2019; and concluded that the applications have been reviewed by staff and are found to be consistent with all review standards and staff recommend approval with the conditions shown in the staff report. 7:08:10P.M. PB Member Ohlrich referred to the Transportation Site Access and Circulation Analysis and asked if this analysis has determined the impact to be de minimis for Phase I only, or for all the Phases of the project. Assistant City Engineer Ohrenstein explained that a study was done for the Pines Master Plan; said staff evaluated Phase I and found that it was within the parameters of the Master Plan and did not need to have another analysis; and confirmed the de minimis determination applies only to Phase I. 7:09:34 P.M. Responding to PB Member Gannon, Manager Panica confirmed that the Metropolitan/Regional (10) Land Use category was created specifically for this site; and added that the implementing Zoning District of DTE was selected because it allowed for all the uses on the Pines' campus. Discussion ensued about the possible uses of other implementing zoning districts. 7:12:23 P.M. PB Chair Normile referred to page 142 of the staff report; noted that the staff comments on this page make her think that the proposed development does not fit in the Downtown Districts; and asked why use DTE and not create their own zoning district. 7:14:47 P.M. PM Member Morriss said that in the future something needs to be revised SO that a future Planning Board does not require this development to be up next to the street; added that even though this is a good Site Plan and meets the Code requirements, it is a poor compliance with the Code. Manager Panica stated that it is a matter of balance, this is a Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 10 of 21 unique situation at the edge of downtown, it is not in the core, it is not on a primary street, iti is a site with specific uses, and it has lush trees along Orange Avenue that provide a nice buffer with the sidewalk. Discussion ensued. 7:19:31 P.M. PB Member Morriss moved to find Rezone 19-RE-01 consistent with Section IV-1106 of the Zoning Code, find Site Plan 19-SP-08 consistent with the Tree Protection Ordinance and Section IV-506 of the Zoning Code and recommend approval of the Rezone and Site Plan to the City Commission, subject to the following conditions: 1. Prior to issuance of a building permit for any development associated with Site Plan 19-SP-08, the applicant shall combine the two parcels used as shown on Site Plan 19-SP-08. 2. The Site Plan and all related development and construction plans for the proposed building shall be in compliance with those labeled Pines of Sarasota Skilled Nursing Facility Addition, received by the Department of Development Services on October 7, 2019. All final construction plans shall be subject to a full review for compliance with all other applicable codes by the Director Development Services. 3. The issuance of this development permit by the City of Sarasota does not in any way create any right on the part of an applicant to obtain a permit from any state or federal agency and does not create any liability on the part of the City of Sarasota for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in violations of state or federal law. All other applicable state and federal permits shall be obtained before commencement of the development. PB Member Ohlrich seconded the motion. Motion passed unanimously (vote 5 to 0). The Planning Board Took a Ten-Minute Recess 7:31:00 P.M. 3. Bath & Racquet Club (2170 & 2104 Robinhood Street): Comprehensive Plan Amendment Application No. 18-PA-02 is a request to amend the City of Sarasota Comprehensive Plan by changing the Future Land Use Map classification of the property located at 2170 Robinhood Street and 2104 Robinhood Street, known as the Bath & Racquet Club, from the Community Office/Institutional Future Land Use classification and the Community Commercial Future Land Use classification to the Multiple Family (Medium Density) Future Land Use classification. Applicant is requesting to rezone the property and redevelop the site. (Jim Koenig, AICP, Senior Planner) 4. Bath & Racquet Club (2170 & 2104 Robinhood Street): Rezone Application No. 18- RE-02, Site Plan Application No. 18-SP-15 and Major Conditional Use Application No. 18-CU-04 are a Request for Rezone, Site Plan approval and Major Conditional Use approval to redevelop the Bath & Racquet Fitness Club site currently located in the Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 11 of 21 Office Neighborhood District (OND) zone district and the Intensive Commercial District (ICD) zone district with street addresses of 2170 Robinhood Street and 2104 Robinhood Street. Applicant is seeking to rezone the site from OND and ICD to the Residential Multiple Family 4 (RMF-4). zone district. Applicant is also seeking approval of a Major Conditional Use to allow for continued operation of the Bath & Racquet Fitness Club on the site and Site Plan approval to remove 21 existing outdoor tennis courts, the outdoor practice half court and to: renovate the existing facility and construct up to 207 residential units (including affordable/attainable units) in 10 new buildings and a single level structure with ground level parking and 10 tennis courts above. (Lucia Panica, Manager of Development Services) Attorney Connolly called the names of the thirty-two persons who had filed applications for affected person status. The following individuals that were present were granted affected person status: Paula Rees, Cheryl Boldin, Jack Stevens, Nicholas Crutcher-Stevens, Jan A. Norsoph representing Riverwood Court HOA, James Boldin, James Bourgoin, Arvezine Miller, James Guttridge, Brennan Troyer, Tom Bedford, Benjamin Cannon, Sally Miller, and Caitlan Miller. The Planning Board agreed by consensus not to grant affected person's status to those who were not present at the meeting. Attorney Connolly noted that, according to the paperwork, two applicants for affected person's status reside outside the 500-ft. radius oft the subject property, and asked Attorney Bailey to address this issue. Attorney Bailey explained that his office. has determined, and staff has concurred, that Mr. Bourgoin and Mr. Bedford live just beyond the 500-ft distance (property line to property line) from the subject parcel. The individuals in the audience agreed to testify as citizens rather than as affected persons. Attorney Connolly noted that Mr. Norsoph, representing the Riverwood Court HOA, has requested 40 minutes for his presentation. Attorney Bailey suggested that some of the affected persons yield some of their time to facilitate Mr. Norsoph's longer presentation. Discussion ensued, and the time limits for presentations were established as follows: applicants and city staff 40 minutes each; affected persons 51 minutes each; citizens 3 minutes each, and Mr. Norseph 25 minutes. 7:35:30 P.M. PB Member Ohlrich asked if the Planning Board wanted to discuss an ending time for this evening's meeting; discussion ensued; and the Planning Board decided to end this meeting at 10:00 P.M. 7:45:38 P.M. Applicant Presentation: Mr. Kelley Klepper, Authorized Agent for Bath and Racquet Club Development, Inc., introduced to the record himself; Mr. Scott Olson, a founder of the Bath and Racquet Club; Mr. Chris Cianfaglione with Kimley-Horn; Phillip DiMaria with Kimley-Horn, and Project Architect Mr. Jerry Sparkman with Sweet/Sparkman Architects. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 12 of 21 7:47:42 P.M. Mr. Olson gave a brief history of Bath and Racquet Club; stated that his father started the business and he has been managing it for 35 years; said his children are not interested in this business however he is trying to continue the Club without his family's ownership; and stated the proposed redevelopment is the only viable option to keep Bath and Racquet Club going into the future. 7:48:49 P.M. Mr. Klepper described the four applications that are under Planning Board review this evening, as follows: o Amendment to the Future Land Use Map-- from Community Office/Institutional and Community Commercial to Multiple Family, Medium Density; Rezone - from Office Neighborhood District (OND) and Intensive Commercial District (ICD) to Multiple Family-4 (FMF-4); Major Conditional Use - for the continued use of the Bath and Racquet Club (classified as a private club); and 0 Site Plan - proffered by the applicant to ensure compliance with the Code and allow for informed decision making, and to limit development to density and intensity. Mr. Klepper noted that only two Community Meetings were required, but the applicants held seven meetings from 10/17/2017 to this date to ensure that the community, the City, and the owner are happy with the project; added that the subject property is located at the south end of the City of Sarasota, it is 13.5 acres, and it is bounded on three sides by Sarasota County properties; said on the west there are City sites such as Chili's, Trader Joes, and US-41; described the surrounding zoning districts including single-family and multi-family districts, with maximum heights up to 35 ft.; discussed allowable uses under the existing zoning; added the applicant wants to do the right thing and is proposing something that resulted in the proposed Comprehensive Plan Amendment and three other applications; pointed out that the proposed development results in a 20% reduction in traffic than the traffic that could be generated by the development that is allowable under the existing zoning; and stated in summary the existing zoning permits much more than they applicants are proposing. 7:54:29 P.M. Mr. DiMaria provided the history of the site plan: O 2017. - Initial Plan included 51 floors of residential units above 4 levels of parking, building height 120 ft., site planned around grand trees; O 2018 - Revised Plan - included 4 floors of residential units above 3 levels of parking, building height 93 ft., increased buffer and setbacks on the south side, and incorporated new park space; and Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 13 of 21 2019 - Current Plan - includes 4 floors of residential units above parking, 60 ft. maximum height, building heights 60 ft/48 ft./36 ft., heights stepping down from west to east, park space, School Avenue connection, pedestrian connection, enhanced buffers (2 times the minimum), increased setbacks (30 ft./50 ft./50ft.), and 15% (27 units) affordable/a attainable housing, with lash landscaping. 8:00:27 P.M. Mr. Cianfaglione noted that there is a deficit of public open space and walkable parks, and shared illustrations of the proposed park; referred to traffic circulation and noted that the applicants propose to mitigate some of the current traffic circulation inefficiencies around Trader Joe's including formalizing on-street parking on Liberty Avenue to relieve pressure on the parking lot; increasing the turning radius in Trader Joe's parking lot; and right-in only to the parking lot at Glengary and US 41; added that Trader Joe's has agreed to all of these changes; referred to setbacks; noted that they exceed by far the 15 ft. setback requirements by providing a 67 ft. setback at the south side, a 43 ft. to 53 ft. setback at the east side, plus the 30 ft. School Avenue right of way on the east side; noted that they are providing enhanced landscaped buffer close to the existing single family homes; said they doubled the requirements of the Code; noted they are building a 6-ft. solid wall; and stated that they are saving 15 grand trees on the site. 8:07:50 P.M. Mr. Sparkman spoke about the overall design; and said they aimed to preserve the heritage of the Club, provide public space, and to celebrate and continue the design history of the Sarasota School of Architecture. 8:10:54 P.M. Mr. Klepper referred to the traffic circulation and noted that they are connecting to the exiting grid; pointed out that this is consistent with City's Transportation Plan and the Traffic Study, and allows for better multi-modal circulation; stated that they have gone through two DRC reviews at the County level, and the County officials responded that they have no issues with this application or the connectivity; said in the future they will request Site and Development Plan permits specifically as they relate to the connection to School Avenue; referred to the connection of School Avenue and Bee Ridge Road, and pointed out that his team met with FDOT to discuss the crossing across the drainage at the northeast part of the site and transportation consistency up to Bee Ridge Road, and FDOT had no issues with what is being proposed; referred to existing development on both sides of School Avenue; said that the affordable/attainable housing will be for 10 years, and will have a Club membership; stated that the proposed is consistent with Florida Statutes and the City's Comprehensive Plan, it meets the review requirements for Rezoning, Conditional Use and Site Plan review; and requested approval of the applications. 8:20:33 P.M. PB Member Morriss asked about the square footage of the park. Mr. Klepper said that it is 6,000 sq. ft. which is comparable to the size of a tennis court. PB Member Morriss Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 14 of 21 asked how the developer will ensure the units remain in the affordable/athainable market. Mr. Klepper stated that it is addressed in their proffers, noting it is a deed restriction recorded with the land. 8:22:40 P.M. PB Member Gannon referred to affordable housing and noted that originally it was proposed that 2/3 of the affordable units would be for incomes up to 80% of AMI and 1/3 of the affordable units would be for incomes between 80% - 100% AMI.; added that now these ratios have changed, 2/3 of affordable units will be for incomes up to 120% of AMI and only1/3 of the affordable units will be for incomes up to 80% of AMI; and asked why this was changed. Mr. Keppler and Mr. DiMaria explained that the site plan as well as the team have changed over time, and certain components of the plan were re-addressed during this process. Discussion ensued. 8:28:30 P.M. PB Member Gannon asked if the required parking for the residential units in each building are within that structure of the building. Mr. Olson stated that each building does not contain the full number of two parking spaces per unit, there are also spaces outside of the building. Discussion ensued. 8:31:421 P.M. Responding to PB Member Gannon, Mr. Keppler stated that at this point the affordable units are either for rent or purchase; added that the park is located at the northeast corner of the property; showed the pedestrian access to it and stated that it is a publicly accessible but privately maintained park; noted that beyond the residents the public will know about this park because of the pedestrian connectivity with existing neighborhoods, the residents around School Avenue, and the customers of Trader Joe's; and said the park will operate consistent with City policies and will not be open after dusk. 8:35:08 P.M. PB Vice Chair Blumetti referred to compatibility. Discussion ensued about the definition of building coverage; the maximum building coverage for the OND zoning district (50%), the OCD zone district (45%) and the ORD (40%); the maximum building coverage of this site (which is 25%); and the trade-off of height for building coverage. Responding to PB Vice Chair Blumetti, Mr. Keppler stated that there are no open space requirements in the implementing zoning districts, and they are exceeding the open space requirements for the multi-family units. Discussion ensued about the size of the units, which are compatible with the size of the units in the surrounding areas. 8:41:26 P.M. PB Chair Normile referred to the affordable housing units noting the Planning Board discussed affordable housing at its last meeting and recommended that the units remain affordable to incomes not higher than 100% of AMI for 30 years. Mr. Keppler stated that this is not yet codified, and there is a State Statute that says that the City cannot require Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 15 of 21 that. PB Chair Normile stated that the City can require it if the developers are getting something in return; and referred to Robinhood Street asking if this street is being improved along the south side of Trader Joe's. Mr. Cianfaglione stated that it is not being improved; explained that the traffic study did not identify this road for needed improvements; and noted it is the City's public right of way SO the ownership team chose to invest in the previously mentioned improvements at the northeast corner and Trader Joe'si instead. PB Chair Normile asked for clarification as to what the applicants plan is for School Avenue. Mr. Keppler stated that currently the County's Transportation Plan and Capital Improvements Program (CIP) doi not include acquiring this part of School Avenue, SO the applicants intent to tie into the existing School Avenue right of way and provide a continuous pedestrian and vehicular connection to School Avenue from US 41, through their property; and pointed out that this provides access to the neighborhood and to the public park. Discussion ensued. 8:47:04 P.M. PB Member Ohlrich asked about the height of the properties that are contiguous to this property that are located in the County; and asked if they are mostly single-family units and duplexes. Mr. Keppler stated that the height of the properties to the south and to the east is 35 ft., while the properties to the north are 24 ft plus the height of the parking. PB Member Ohlrich asked what the applicants have done to minimize or eliminate cut- through traffic. Mr. Keppler explained that they have introduced a median that prohibits certain northbound turns. PB Member Ohlrich noted that the City does not have a formula for affordable housing and applicants bring in their own formulas; and expressed concern about the affordable housing formula in this application. 8:51:13 P.M. PB Vice Chair Blumetti stated that good practices call for the affordable/attainable units to remain in that affordability range for 30 years. 8:51:59 P.M. Staff Presentation: Jim Koenig, Senior Planner; Lucia Panica, Manager of Development Services; Dan Ohrenstein, Assistant City Engineer, and Dr. Collins, Engineer with ADEAS-Q, introduced themselves for the record. Senior Planner Koenig stated that he will talk about the Comprehensive Plan Amendment to the Future Land Use Plan; pointed out that the proposed amendment will allow redevelopment of a portion of the subject property with multi-family dwelling units, which will generate the funds for renovations and improvements for the existing Fitness Club; noted that the existing Future Land Use classifications allow multifamily dwelling units as part of a mixed use development with commercial uses; pointed out that the applicant does not propose commercial uses, and therefore requests to change the Future Land Use to Multiple Family-Medium Density residential, which will enable him to develop stand-alone multifamily units; described the surrounding existing land uses, City and County boundary lines in the area, and existing and proposed Future Land Use Map classifications; pointed out the public benefits of the application, including less density Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 16 of 21 than what is allowable now, less traffic circulation impacts, affordable/attainable housing units for ten years, no impacts on water/sewer facilities, historic preservation, or to the adopted Public School Facilities LOS; stated that he coordinated with the Sarasota County Planning and Development Services Department who had no comment; and concluded that staff has found Petition 18-PA-02 consistent with the Sarasota City Plan (2030), and recommends, on balance, approval of the proposed amendment. 9:04:45 P.M. Manager Panica stated that she will talk about the Rezone, Site Plan, and Conditional Use applications; described the existing and proposed zone districts; noted that the applicant is requesting Site Plan approval for 207 dwelling units in ten buildings throughout thesite and the renovation of the existing Bath and Racquet Club building; stated that access is proposed from Robinson Street, Glengary Street, and School Avenue, and that sidewalks provide connectivity and circulation; said that there are 588 parking spaces, 61 bicycle spaces, and three loading zones; spoke about the height of the buildings; noted that there is affordable/atuinable housing units for ten years; said that the proposed Club structure will exceed the size of the current Club structure; stated that all setbacks exceed the Zoning Code requirements, and the applicants have proffered to provide enhanced setbacks as part of the requirements of the Site Plan; said that the applicants are exceeding the Open Space requirements and proffer to provide a 6,000 sq. ft. privately operated public park; spoke about the buffer types around the property, and noted that all grand trees on the site are preserved, and the applicant exceeds the required mitigation for the removal of 97 trees and 117 palm trees, which are either unhealthy or are invasive species; stated that the Major Conditional Use is required for the Private Club Use; said that two Community Workshops were held on December 11, 2017 and on August 14, 2018; noted the applicants kept open communications with the surrounding neighbors, and their latest meeting was on October 30, 2019; noted that the refuse will be located at the southwest corner of the site in an enclosure and the residents will have a valet waste-pick up service; and stated that the project received DRC full review and sign off on December 4, 2018. 9:10:17. P.M. Assistant City Engineer Ohrenstein spoke about the transportation review for the applications; explained the components in a traffic study including vehicular, pedestrian, cycling, and mass transit circulation; noted that US 41 at this location is fine, however it is a congested facilityi said that School Avenue and Glengary Street, above Trader Joe's, are operating below their capacity; noted that the proposal does not reduce the adopted LOS, and that both US 41 and Glengary Street are currently operating, and will continue to operate in the future, at LOS C, which is above the adopted LOS D; said the City cannot make the applicant pay for the additional lanes, because due to new adopted methodologies, the number of net new trips is below the required threshold for initiating the evaluation for a concurrency process; pointed out that the Site Plan includes speed tables, Glengary Street becomes a two-way street with no left turn into the neighborhood, the applicant is paving Liberty Avenue and providing on-street Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 17 of 21 parking; said the applicants are connecting to School Avenue which completes the grid, and are providing for right-in only at Glengary Street with the cooperation of Trader Joe's; added that there is walking and biking benefits on School Avenue, and the possibility of a bus shelter on Trader Joe's property; and concluded that theapplications meet concurrency, and their impacts are mitigated, therefore staff recommends approval. 9:17:36 P.M. Manager Panica added that the petitions meet all the criteria in the Tree Protection Ordinance, and staff recommends approval for all three applications, and pointed out that Rezone Conditions #1 and #2 are proffers from the applicant, Condition #3 is staff recommended, and on the Major Conditional Use, Conditions #1 - #7 are proffers from the applicant, and Conditions #8 - #18 are staff recommended conditions. 9:18:23 P.M. PBI Member Gannon referred to the affordable/atainable housing unit changes through the evolution of the Site Plan and asked what communications have been with staff about the reasons for the changes. Manager Panica stated thati the changehappened long ago. 9:19:30 P.M. PB Vice Chair Blumetti asked Senior Planner Koenig to discuss why the Future Land Use Classification and related analysis focus on the maximum allowable uses. Senior Planner Koenig explained that the Future Land Use focuses on the maximum development potential for the density, and intensity of uses, and, occasionally, height, then the actual uses are adjusted through the implementation of Zoning; and discussed his methodology for his analysis. Discussion ensued about allowable, required, and proposed setbacks for different zone districts in the area and that the applicants could build much closer to the existing development than what is being proposed. 9:27:19 P.M. P.B. Member Ohlrich asked why the City does not look through the plan and identify properties whose existing zoning is not an implementing zone district for the property's Future Land Use Classification in order for the City to have more control of what they want to do sO as to avoid the frequent privately initiated Comprehensive Plan Amendments where the applicants say what they want. Senior Planner Koenig referred to two Action Strategies in the City's Future Land Use Plan that call for the City to establish a process of addressing the current Zoning inconsistencies and Zoning Enclaves; and said it would be a major undertaking, noting currently it: is not on the list of the recently approved planning initiatives. Minutes of thel Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 18 of 21 9:29:29 P.M. Director Cover concurred; and pointed out that private citizens have the right to request a rezoning any time, and staff reviews it and provides recommendations to Planning Board. 9:29:46 P.M. PB Member Morriss pointed out that the discussion on what could be developed on the site is not accurate because commercial development would not be viable at this site, and said he wanted to put on the record that this site would be residential development over commercial development, and this is a different matter; expressed concern that these applications came this far down the process without being specific if the dwelling units are for sale of rent, because it gets more tricky when you discuss affordability and the time frame associated with it; and asked how will the earlier mentioned deed restrictions for affordable housing be enforced by the City. Manager Panica stated that during Zoning reviews, staff does not distinguish between rental and owner-occupied units, because this distinction does not have any impact on the zoning review; and added that the applicants must make this clear during the building permit phase. 9:31:56 P.M. Attorney Connolly stated that he does not know how this will be enforced, but if it will be fee-simple ownership, the applicants indicated that there will be deed restrictions, which will surface at the time of selling the property, and the seller has to comply with the restrictions; and pointed out that there is no City involvement at that point. 9:32:30 P.M. PB Chair Normile questioned the capacity of the intersection of US 41 and Glengary Street that appears in the traffic analysis. Dr. Collins stated that in the analysis, the numbers are compared to the generalized LOS standards adopted by the City; added that Glengary is restricted by the traffic signal which does not allow enough green time going east-west across US 41 and it is also limited by the width of the street itself; and added that the traffic analysis took into account the substandard design of the driveway facilities at this location, which resulted in the recommendation to upgrade the design of the intersection. Discussion ensued regarding FDOT's access management for US 41 and the widening of Glengary Street west of the subject property, along Trader Joe's property. PB Chair Normile asked for clarification about the lift-station. Manager Panica stated that a new lift station will be provided on site. 9:41:23 P.M. PB Member Gannon referred to the proposed park accessible to the public; and asked how a pedestrian at US 41 and Glengary Street accesses the park. Assistant City Engineer Orenstein stated that the pedestrian would have to walk down Robinhood Street which has a sidewalk all the way to the subject property; added that there is a network of sidewalks around the larger building and around the property that can be used to get to the park; and pointed out that Glengary is limited on both sides and a sidewalk cannot be built there. Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 19 of 21 9:43:06 P.M. PB Vice Chair Blumetti followed up on PB Member Morriss' last comments and asked for clarification on the review process. Manager Panica stated that she looks at the Comprehensive Plan Future Land Use classification, the implementing Zone Districts for the classification, and all the Land Development Regulations that relate to the Zone Districts; and selects the most appropriate for the site under review. 9:43:54 P.M. Director Cover pointed out that it is nice to be aware of what was proposed in the past, however the Planning Board must review, evaluate and act based on what is proposed today. Discussion ensued regarding continuation of the public hearing. The Planning Board Members agreed to continue the hearing to the Regular Planning Board Meeting on December 11, 2019 and will go through the affected persons list again. 9:47:37 P.M. Attorney Connolly stated that in regards to the four applications under review, which are Application 18-PA-02, Rezone Application No. 18-RE-02, Site Plan Application No. 18-SP-15, and Major Condition Use Application 18-CU-04 relating to the Bath and Racquet Club, they are continued and will be readjourned on Wednesday, December 11, 2019, at 6:00 P.M., at the City Commission Chambers at City Hall, at 1565 First Street, Sarasota, Florida. 9:48:09 P.M. IV. CITIZEN's INPUT NOTICETOTHE PUBLIC: At this time Citizens may address the. Planning Board on topics of concern. Items which have been previously discussed at Public Hearings may not be addressed at this time. (A maximum 5- minute time limit.) There was none. 9:49:14 P.M. V. 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 thei next available agenda for discussion. Director Cover referred to a concern expressed by staff about site visits of upcoming projects and requested that Planning Board members schedule site visits earlier than they do now, sO that staff has the time they need to prepare for the public hearings. PB Vice Chair Blumetti stated that the Planning Board members must review the information and know what they are looking at before they do the site visits sO they would need the packets earlier if the site visits are to be scheduled earlier. Discussion ensued regarding how much earlier the packets can be distributed. Director Cover stated that a lot of things come in the last minute, both from the applicants and from the public, and suggested that they establish a cut-off point Minutes of the Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 20 of 21 for input prior to a public hearing, SO that staff has time to prepare the packets earlier. Attorney Connolly expressed concerns about that stating it could be a due process issue, noting on the other hand there are practical challenges; said that when something is submitted by the public or applicant the last minute, the Planning Board can do two things, either ignore it, or continue the public hearing to allow time for PB Members to review the last minute submittal; and recalled that the PB previously continued a public hearing to review items that were submitted the last minute. Discussion ensued. 9:55:10 P.M. PBChair Normile stated that her term is overi in December and she will: not reapply;added that there is only one applicant for the position; added that there is no interest because of the workload and because of the treatment of the Planning Board by the City Commission and others; and concluded that they are all in this together, they are all stressed out, and there is not much that can be done about it. 9:57:03 P.M. Director Cover stated that between January and February there are ten more projects coming to the Planning Board. Discussion ensued about setting limits to the applications to be heard, or to the length of the meeting. 9:57:48 P.M. Attorney Connolly stated that on June 28, 2019 the Governor signed House Bill 7103, which states that applications that require public hearings have to be approved or rejected within 180 days of the completeness determination; offered an example using an application for a rezoning which requires a first and a second reading at the City Commission, it means that the second reading has to be before 180 days, the first reading has to be before 150 days, the Planning Board meeting has to be before 120 days, SO if the applications keep coming at the rate they are coming in, the Planning Board may have to meet more than once a month, or do afternoons; and added that this applies to all applications filed after June 28, 2019. Discussion ensued. 10:01:04 P.M. PB Member Gannon asked about the Director of Development Services. Director Cover stated that the position is currently advertised. 10:01:37 P.M. PB Vice Chair Blumetti requested that the Planning Board discuss the provision in the Code that permits the encroachment of 2 -ft. in the 5-ft. buffer in Section VII-304-(1) (b) and (2)(), expressing concerns about how this interferes with walkability. 10:02:56 P.M. PB Member Morriss noted that there is a lot of questions of what constitutes affordability and asked if there is a formal process that they can tap into. Director Cover stated that one of the rules is that an affordable unit remains sO for 30 years minimum. PB Member Morriss said that they need to address what are affordable costs. Director Cover stated Minutes of thel Regular Planning Board Meeting November 13, 2019 at 6:00 p.m. in the Sarasota City Commission Chambers Page 21 of 21 that this is a major change to the current City policy on this issue; and recommended a Planning Board workshop to discuss it. Discussion ensued. VI. PRESENTATION OF TOPICS BY PLANNING BOARD Items presented are informational only (no action taken). Any issue presented that may require future action will bej placed on the next available agenda for discussion. There were no topics by Planning Board members. VII. ADJOURNMENT Meeting adjourned at 10:06 P.M. L, Anu Lo Steven R. Cover, Planning Director EILEEN W.N NORMILE, CHAIR Planning Department Planning Board/Local Planning Agency [Secretary to the Board]