AGENDA REQUEST AGENDA ITEM NO: XII.A.3. Legislative Public Hearings BY Neighborhood and Development Services. June 6, 2016 Timothy Litchet

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1 AGENDA REQUEST AGENDA HEADING: Legislative Public Hearings BY Neighborhood and Development Services Originating Department COMMISSION MEETING DATE: June 6, 2016 Timothy Litchet Department Head Chief Planner Chapdelain Presenter AGENDA ITEM NO: XII.A.3. SUBJECT: Public Hearing Re: Proposed Ordinance No Zoning Text Amendment related to the definition of a Convenience Store. COMMISSION PRIORITIES: Quality of Life EXPLANATION: (see next page for additional explanation) Based on City Commission direction at the July 6, 2015 meeting, staff is proposing to amend the definition of a convenience store within the Zoning Code. The impetus for this change is to provide more efficient and consistent enforcement related to issues created by the late night operations of convenience stores. The current definition of a convenience store is as follows: Any retail food store that is under 4,000 gross floor area and is open at least 15 hours a day. The new language defining a convenience store would include any retail food store that is under 4,000 gross floor area and includes operating hours at any time between 2:00 AM and 6:00 AM. Verifying if a store is open at least 15 hours daily is extremely challenging for staff. When a store operator denies being open for 15 hours or more, it is the City's burden of proof to document and prove both an opening time and to demonstrate the store was open for at least 15 hours after that time. This requires SPD officers from two separate shifts be brought in to testify at hearings. Additionally, some convenience store operators are now claiming they shut down at certain times of the day or ADMINISTRATION'S RECOMMENDATION: Motion to approve Ordinance No on first reading. APPROVAL SUMMARY:

2 AGENDA REQUEST Approval Department Head Approval Legal Review / Approval Deputy City Manager Approval City Manager Approval City Auditor and Clerk Approval Required Date Completed Y 05/23/2016 Y 05/24/2016 Y 05/25/2016 Y 05/25/2016 Y 05/26/2016 Completed By Timothy Litchet Robert Fournier Marlon Brown Marlon Brown Pamela Nadalini Status APPROVED APPROVED APPROVED APPROVED APPROVED 2

3 ADDITIONAL EXPLANATION: AGENDA REQUEST that customers hanging out in the stores after normal closing hours are not customers and the store is therefore not open. The revised convenience store definition will require that affected stores, those with operating hours between 2:00 AM and 6:00 AM, obtain a conditional use and meet all of the special criteria found in Section VII-602(bb) of the Zoning Code, such as filing a Good Neighbor Plan and having a lighting certification. To provide for an adequate transition period, any existing store that falls under the new definition of a convenience store would be required to make application for a conditional use and the corresponding site plan within nine months of the second reading of the Zoning Text Amendment. There would be no grandfathering of any existing use. Notices were sent last fall to potentially affected stores regarding two informational meetings, held October 28, 2015, on the proposed change. A notice was also sent regarding the April 13 Planning Board public hearing on this proposal as well as for the June 6 City Commission public hearing. At their April 13, 2016 meeting, the Planning Board unanimously recommended approval of this proposed Zoning Text Amendment. However, they recommended retaining the minimum 15 hour operation in the convenience store definition for those stores that are not open between 2:00 AM to 6:00 AM. Staff continues to recommend removing the minimum 15 operating hour provision from the revised convenience store definition for reasons stated above. ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: $ 0 $ 0 SUPPORT DEPARTMENTS: - 3

4 AGENDA REQUEST COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 4

5 ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA AMENDING THE ZONING CODE (2002 EDITION) OF THE CITY OF SARASOTA TO AMEND ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 2, DEFINITIONS, SECTION II-201, DEFINITIONS, SO AS TO AMEND THE DEFINITION OF A CONVENIENCE STORE TO BE ANY RETAIL FOOD STORE THAT IS UNDER 4,000 SQUARE FEET GROSS FLOOR AREA AND INCLUDES OPERATING HOURS AT ANY TIME BETWEEN 2:00 A.M. AND 6:00 A.M.; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No , which adopted a new Zoning Code for the City of Sarasota [hereinafter the Zoning Code (2002 edition)] was adopted by the City Commission on April 29, 2002; and WHEREAS, Pursuant to instmctions of the City Commission, the City Manager, by and through the Department of Neighborhood and Development Services has initiated Zoning Text Amendment No. 16-ZTA-01 to make amendments to various sections of the Zoning Code (2002 edition); and WHEREAS, included within Amendment No. 16-ZTA-01 is an amendment to the definition of convenience store which would increase the number of retail food stores within the City which are included within the definition of a convenience store; and WHEREAS, the amendment within Amendment No. 16-ZTA-01 which expands the retail food stores which would meet the definition of a convenience store has the effect of changing the actual list of permitted, conditional or prohibited uses within a zoning category because the amendment will make some retail food stores become subject to the need to obtain a Major Conditional Use or a Minor Conditional Use approval; and WHEREAS, Section , Florida Statutes, provides that ordinances which change the actual list of permitted, conditional or prohibited uses within a zoning category shall be adopted after the local governing body holds two advet1ised public hearings; and WHEREAS, the Planning Board, acting in its capacity as the Local Planning Agency for the City of Sarasota, has held a duly noticed public hearing on April 13, 2016 in accordance with Article IV, Division 12, of the Zoning Code (2002 edition) to review the proposed Zoning Text Amendments contained herein and has made its recommendation to the City Commission that said amendment satisfies the standards for review set fmth in Section IV-1206, Zoning Code (2002 edition); and WHEREAS, the City Commission hereby finds that based upon the foregoing recitals, it is in the best interest of the citizens of the City of Sarasota to amend the Zoning Code (2002 Page 1 of 15

6 edition) as requested by Zoning Text Amendment Application No. 16-ZTA-01 and as approved herein; and WHEREAS, the City Commission has held a duly noticed public hearing on June 6, 2016, and has held a second duly noticed public hearing on, 2016 to receive public comment, has considered the recommendations of the Planning Board and Planning staff and has found and determined that the adoption of the proposed amendments to the Zoning Code (2002 edition) as set forth herein would promote the public health, safety and welfare and the redevelopment of the City and would thus serve a valid public purpose. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SARASOTA, FLORIDA: Section 1. Findings of Fact: The City Commission hereby finds that the recitations contained in the preamble to this Ordinance as set forth above are tme and correct and adopts said recitations as findings of fact. Section 2. Adoption of Text Amendments: The Zoning Code (2002 edition), Article II, Definitions and Rules of Constmction, Division 2, Definitions, Section II-201, Definitions, is hereby amended so as to amend the definition of the convenience store retail stmcture type. Modifications are shown in "black line" format by which deletions from existing text are shown by strike tlu ough and additions to existing text shown by underline. As amended, the convenience store retail stmcture type definition set forth in Section II-201 shall provide as follows: Retail structure types: * * * (2) Convenience store: Any retail food store that is under 4,000 gross floor area and is open at least 15 hours a Eiay includes operating hours at any time between 2:00AM and 6:00 AM. Section 3. Transition: The amended definition of convenience store will reqmre affected stores with operating hours at any time between 2:00 AM and 6:00 AM to obtain either 2 Page 2 of 15

7 a Major Conditional Use or a Minor Conditional Use, as appropriate, and meet all of the special criteria found within Section VII-602(bb ), Zoning Code (2002 edition). Any existing retail food store which meets the new definition of a convenience store must make application for a Major Conditional Use or Minor Conditional Use, as appropriate, and the corresponding site plan within nine (9) months of the date this Ordinance No is finally adopted by the City Commission on second reading. The City Commission makes a specific finding that there shall be no "grandfathering" of any existing retail food store which meets the amended definition of a convenience store. Section 4. Severability: It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be deemed severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or othetwise invalid by the valid judgment of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 5. Effective Date: This Ordinance shall take effect immediately upon second reading. PAS SED on first reading by title only, after posting on the bulletin board at City Hall for at least three (3) days prior to first reading, as authorized by Article IV, Section 2, Chatier of the City of Sarasota, Florida this day of, PASSED on second reading and finally adopted this day of, Willie Charles Shaw, Mayor 3 Page 3 of 15

8 ATTEST: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk Mayor Willie Charles Shaw Vice Mayor Suzanne Atwell Commissioner Liz Alpert Commissioner Susan Chapman Commissioner Shelli Freeland Eddie Tammy's files/ordinances/2016/ convenience stores zta (4/27116) 4 Page 4 of 15

9 City-Wide Convenience Store ZTA Potentially Affected Stores Number Street Zoning Business Name Property Owner 2788 Fruitville Rd CG Texaco J H Williams Oil Company Inc. 12 S Lime Ave CG Gregory Best 511 N Washington Blvd DTE Eleven Inc 1702 N Washington Blvd ICD Washington Discount Southwest Petro Holding LLC 77 S Tuttle Ave CN Circle K Stottlemeyer TTEE David E 1150 N Tuttle Ave CN Eleven Inc 1801 S Tamiami Trail CG Circle K Nako777 LLC 1841 S Tamiami Trail CG Quantum USA Inc 1919 Dr. MLK Way CBN Dread's Food Market #1* Rahim Sloan 1963 Dr. MLK Way CBN Dread's Food Market #2 Arthur Daley *No longer operational; however, new convenience store planned at same location. Page 5 of 15

10 DEFINITIONS AND RULES OF CONSTRUCTION II-201 Conditional use: A use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a zoning district, but which is a use that complements or may otherwise be compatible with the intended over-all development within a district, provided that specified standards are met. Consistent with the Sarasota City Plan: The land uses, densities or intensities, and other aspects of development permitted by a development permit are compatible with and further the goals, objectives, and action strategies of the Sarasota City Plan, as may be amended. Consolidation: The removal of common property lines between abutting zoning lots in the same ownership. See also boundary adjustment. Consolidation plat: A legal document, prepared by a qualified professional licensed to prepare such in the state, for the purpose of the legal removal of common property lines between abutting zoning lots in the same ownership. See also boundary adjustment plat. Construction, actual commencement of The lawful placing of substantial construction materials in permanent position, fastened in a permanent manner; except that, where demolition, excavation or removal of an existing structure has been substantially begun preparatory to new construction, such excavation, demolition or removal shall be deemed to be actual construction. Construction, continual: Construction performed by a full complement of workers and equipment mobilized at the project site, actively engaged in incorporating materials and equipment into the building or structure each normal working day. Construction costs: The total value of the construction of, or reconstruction work on structures, as determined by the director of building, zoning and code enforcement in issuing a building permit for construction or reconstruction. Construction equipment: The construction machinery, vehicles, tools, derricks, hoists, scaffolds, platforms, runways, ladders and all material, handling equipment, safeguards, and protective devices used in construction operations. Construction operation: The erection, repair, renovation, demolition or removal of any building or structm e; and the excavation, filling, grading and alteration of property in connection therewith. Contractor or tradesman: Building or service industry contractors, including but not limited to plumbing, heating, air conditioning, carpentry, electrical, masonry, and metal working. Contractor or tradesman's shop aimited): A shop that does not involve millwork, operation of heavy equipment, furnaces, or beating pots, or the dipping of furniture. Cabinet-making, floor work, duct work, framing and other similar light work on or off-site is permitted. Contractor or tradesman's shop (unlimited): Contracting or trade operations involving millwork with industrial lathe, heavy equipment, furnaces or beating pots, automated tools, or the dipping or refinishing of furniture, or similar processes. Convenience store: See retail structure types. Supp. No. 12 CD2:17 Page 61 of of 156

11 Il-201 SARASOTA ZONING CODE (17) Triplex/ three-family dwelling: A building that contains three primary dwelling units on one zoning lot. Each dwelling unit must share common walls or common floor/ ceilings, or portions thereof. Residential treatment facility: A facility providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a 24-hour, seven day-a-week structured living environment, respite care, or short-term or long-term community placement. Restaumnt: Asbucture in which the principal use is the preparation, cooking, consumption, and sale of food and beverages. Restaurant, fast food: A retail food service establishment without table service (order placement and delivery) provided to patrons; walk-up counter, and carryout trade is a primary portion of the facility; includes fast food, food delivery, carryout, pubhc snack bar/automats, and delicatessens. Retail structure types: (1) Convenience shopping center: A shopping and service center located on seven or fewer acres with four or more business establishments located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent neighborhoods. (2) Convenience store: Any retail food store that is under 4,000 gross floor area and is open at least 15 hours a day. (3) Department store: A store of 15,000 or more square feet of gross floor area selling a wide variety of retail goods arranged in general departments. (4) Hardware store: A facility of 30,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and housebold appliances, garden supplies and cutlery; if greater than 30,000 square feet, such a faciuty is a home improvement center. (5) Home improvement center: A facility of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and household appliances, garden supplies, and cutlery. (6) Large store: A retail establishment, or any combination of retail establishments in a single building, occupying more than 25,000 gross square feet of floor area. Supp. No.7 CD2:48 Page 72 of of 156

12 DEFINITIONS AND RULES OF CONSTRUCTION II-201 f. Structured parking garages. Floor area, gross: The total floor area of a building that is both above and below ground. Gross building area is measured from the exterior faces of a building or structure. Gross floor area does not include any of the following: (1) Roof area; (2) Roof top mechanical equipment, and associated enclosures; (3) Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50 percent or more of their perimeter. Floor area, gross leasable: The total floor area of a building that is both above and below ground. Gross building area is measured from the interior faces of a building or structure. Gross floor area does not include any of the following: (1) Roof area; (2) Roof top mechanical equipment, and associated enclosures; (3) Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than 42 inches in height, for 50 percent or more of their perimeter. Floor area ratio (FAR): The total amount of gross floor area of all buildings, excluding structured parking, on a zoning lot in relation to the total square footage of zoning lot area, expressed as a ratio. For example, a floor area ratio of 2:1 means two square feet of floor area for every square foot of zoning lot area. 0.5 FAR-One story on 50 percent of zoning lot or two stories on 25 percent of zoning lot 0.5 FAR Floor Area Ratio Supp. No. 12 CD2:27 Page 83 of of 156

13 REGULATIONS OF GENERAL APPLICABILITY Vll-602 (3) Loading requirements: As may be required by section VII-204 for similar principal uses. (4) Additional provisions: Shall only be allowed in conjunction with a permitted principal hospital facility. (aa) Group living. (1) Purpose. These regulations ensure that uses in the group living category will be compatible with the character of their surrounding residential and commercial areas. (2) Where these regulations apply. The regulations of this section apply to all uses in the group living use category. The base zones state whether group living uses are allowed or prohibited. Group living uses that are accessory to a college or medical center, such as dormitories, fraternities and nursing homes, are exempt from these regulations. (3) Development standards. The development standards of the base zone and/or overlay districts apply unless superseded by the standards below. a. Minimum spacing. 1. Purpose. The minimum spacing standards assure that group living uses do not unduly affect the character of residential and commercial areas. 2. Spacing standards. Group living uses that are conditional uses must be at least 600 feet from all other zoning lots with any other group living use that is also a conditional use. Such minimum separation distance shall be measured in a straight line, in all directions from the property line of the zoning lot containing the other group living use. However, this requirement is subject to reduction or elimination in the event that the city is required to make a "reasonable accommodation" pursuant to the fair housing act. b. Required outdoor area. The requirement for outdoor areas applies in all residential zones. The outdoor area requirement is 48 square feet for every three residents, with a minimum dimension of six feet by six feet. Individual outdoor areas may be combined. The minimum size of a combined area is 500 square feet and the minimum dimension is 15 feet by 15 feet. Larger outdoor areas may be required as part of a site specific conditional use review. (bb) Convenience stores. (1) Purpose. The convenience store requirements provide regulations and procedures to allow convenience stores while reducing the negative impacts on nearby residents and businesses. This is achieved by requiring convenience store owners or operators to meet with interested parties both before and after the development process and by requiring the formulation of a written implementation program, referred to as a good neighbor plan. Tbis chapter provides a consistent method of addressing issues and areas of concern to the convenience store owner/operators and nearby residents and businesses. Supp.No.7 CD7:135 Page 94 of of 156

14 VII-602 SARASOTA ZONING CODE (2) Where the regulations apply. All convenience stores proposing to locate in a new building or in an existing building are subject to these regulations and must obtain conditional use and site plan approval. (3) Additional site plan information. In addition to the site plan requirements of article rv, division 5, the site plan must contain the following information: a. The location of all items required in subsection (5)a.l. below; and b. Building elevations showing building entrances, signs, windows, height, and roof lines. (4) Additional conditional use information. In addition to the conditional use requi.l'ements of article rv, division 9, the conditional use application must include all of the following: a. Good neighbor plan. A written implementation program, referred to as a good neighbor plan, must be submitted, containing all of the items listed below. 1. Crime prevention and awareness training. 2. Alcohol awareness and employee training. 3. Litter control. 4. Loitering control. 5. Trespass enforcement. 6. Landscape maintenance. 7. Neighborhood communication. b. Record of good faith. The conditional use application must be accompanied by written verification that the owner, operator, manager, or a representative of the parent company met with or attempted in good faith to meet with the local recognized organization(s), adjacent property owners, and the planning department. The written verification must include all of the following: 1. A copy of the notice and the names and addresses of those notified of the applicant's desire to meet; 2. A copy of the time, date, and location of the meeting(s), and the names, add.l'esses, and phone numbers of those who participated in the meeting(s); 3. A copy of the draft good neighbor plan and site plan sent to the neighborhood association and as presented at the meeting(s), if different; and 4. Identification of those components of the good neighbor plan which were agreed upon and those which were unresolved, plus any additional items discussed during the meeting(s). c. Lighting certification. The applicant must document in advance that the proposed lighting meets the standards of section VII Supp. No.7 CD7:136 Page Page 105 of of 156

15 REGULATIONS OF GENERAL APPLICABILITY VII-602 (5) Approval criteria. An application for conditional use approval for a convenience store may be approved if the reviewing body finds that the standards for conditional use review in IV-906 have been met and the applicant has shown that all of the following have been met: a. Convenience stores that abut a residential use or residential zoned land must meet the objectives stated below. The purpose of these objectives is to reduce the noise impacts on adjacent residential areas, minimize loitering, and improve safety. 1. Parking areas, loading areas, mechanical equipment, dumpsters, and any telephones, benches, or other customer amenities should be sited or designed to reduce their impact on adjacent residential uses, where practical. Important considerations are screening to reduce noise, and the ability of store employees to monitor these areas from inside the store. 2. Lighting must be oriented away from residential uses or residential zoned land. ' b. The good neighbor plan, site plan, the record of good faith, and the lighting report meet all of the requirements of this section and other applicable requirements of the zoning code. (cc) Accessory dwelling units. (1) Purpose. Accessory dwelling units are allowed in certain situations to: a. Create new housing units while respecting the look and scale of single family neighborhoods; b. Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives; c. Allow more efficient use of existing housing stock and infrastructure; d. Provide a mix of housing that responds to changing family needs and smaller households; e. Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and f. Provide a broader range of accessible and more affordable housing. (2) Design standards. a. Purpose. Standards for creating accessory dwelling units address the following purposes: 1. Ensure that accessory dwelling units are compatible with the desired character and livability of the city's residential neighborhoods; 2. Respect the general building scale and placement of structures to allow sharing of common space on the zoning lot, such as driveways and yards; Supp. No. 12 CD7:137 Page Page 116 of of 156

16 DRAFT CITY OF SARASOTA Planning and Development Division Neighborhood and Development Services Department EXCERPT OF APRIL 13, 2016 MINUTES OF THE SPECIAL MEETING OF THE PLANNING BOARD/LOCAL PLANNING AGENCY 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.) B. Non Quasi-Judicial Public Hearings 1. ZONING TEXT AMENDMENT: Application 16-ZTA-01 proposes the following text changes: Convenience Stores II-201 Definitions: 1) ZTA requested to provide more efficient and consistent enforcement related to issues created by the late night operations of convenience stores. The current definition of a convenience store is as follows: Any retail food store that is under 4,000 gross floor area and is open at least 15 hours a day. The new language defining a convenience store would include any retail food store that is under 4,000 square feet gross floor area and includes operating hours between 2:00 AM and 6:00 AM. The revised convenience store definition would require that affected stores, those with operating hours between 2:00 AM and 6:00 AM, obtain a conditional use and meet all of the special criteria found in Section VII-602(bb) of the Zoning Code, such as filing a Good Neighbor Plan and having a lighting certification. To provide for an adequate transition period, any existing store that meets the new definition of a convenience store would be required to make application for a conditional use and the corresponding site plan within nine months of the second reading of the Zoning Text Amendment. There would be no grandfathering of any existing use. (TIMOTHY D. LITCHET, DIRECTOR) Mr. Ryan Chapdelain, Chief Planner, Neighborhood & Development Services, introduced himself for the record; spoke about the proposed revisions to the definition of a convenience store, explained that the City Commission directed the revisions be made in order to address issues created by the late night operations of convenience stores; noted that the change affects convenience stores less than 4,000 sq. ft. and operate between 2:00 AM and 6:00 AM; stated existing stores that would be affected were notified; the affected stores would have nine months from the date of the 2nd reading of the ordinance by the City Commission to apply for conditional use approval; a Good Neighbor Plan and Lighting Plan would be required; and added that grandfathering would not be allowed. Director Litchet stated the Police Department had requested the revised language noting proving stores are open 15 hours as currently required is difficult. PB Member Gannon questioned what documentation the Police Department provided and why the hours between 2am and 6am were chosen. PB Vice Chair Gallagher stated he was confused by the hours and recommended revising the language to be past 2 or before 6; questioned the difference between a retail store and retail variety store; and questioned if existing Page 12 of 15

17 Planning Board Minutes EXCERPT April 13, ZTA-01 Convenience Stores DRAFT businesses would become non-conforming as a result of the revised language. Discussion ensued. PB Vice Chair Gallagher recommended either retail store or retail variety store be deleted as part of the next round of zoning text amendments and questioned Attorney Connolly as to the City s right to require existing businesses to gain conditional use approval in order to continue to operate. Attorney Connolly stated the City had the right to do so as long as the correct process was followed and noted this particular change will require two public hearings before the City Commission. Planning Board Deliberations Convenience Stores: PB Vice Chair Gallagher made a motion to recommend approval with clarification of language relating to the definition of a convenience store, while continuing to be subject to a conditional use permit. Discussion ensued. The motion to recommend approval with revised language died due to lack of second. PB Member Gannon made a motion to recommend approval, proposing new revised language, which would retain the existing language, add or, and continue with includes operating hours any time between 2:00 am and 6:00 am. PB Member Halflants seconded the motion. PB Vice Chair Gallagher offered an amendment to the language to replace the phrase any retail food store (which is not defined in the Code) with retail store (which is defined in the Code). Discussion ensued. Director Litchet stated that this language would result in unintended consequences. The motion to amend the motion failed due to lack of a second. PB Chair Lindsay called the question. PB Secretary Smith read the proposed revised definition of convenience store: Convenience store any retail food store that is under 4,000 sq. ft. gross floor area, and is open at least 15 hours a day, or includes operating hours anytime between 2:00 am and 6:00 am. The motion to recommend approval with the revised language passed 5/0. Page 2 of 2 Page 13 of 15

18 NOTICE OF PUBLIC HEARING CONCERNING PROPOSED REVISIONS TO THE CITY OF SARASOTA ZONING CODE APPLICATION NO. 16-ZTA-01 Notice is hereby given that the PLANNING BOARD/LOCAL PLANNING AGENCY of the City of Sarasota, Florida will meet on Wednesday, April 13, 2016 at 6:00 p.m. in the Commission Chambers, City Hall, 1565 First Street. Starting at 6:00 p.m. or as soon thereafter as possible, the Planning Board will open the scheduled Public Hearings in the order they appear on the Agenda. The Planning Board may continue its deliberations concerning the proposed Zoning Code Text Amendments to subsequent meeting(s). After the close of the public hearing, the Planning Board will make a finding as to whether the proposed revisions to the Zoning Code (2002 Ed.) as proposed in Application No. 16-ZTA-01 are consistent with the Sarasota City Plan and whether to recommend adoption, adoption with modifications, or denial of the proposed revisions to the City Commission. Public comment will be limited to the specific sections listed below. ISSUE Tree Protection Convenience Stores GENERAL DESCRIPTION VII-310 Tree Protection Based on public comment and feedback, thirteen individual ZTA's related to tree protection are being proposed: 1) Addition of a tree removal surcharge to be placed in an Urban Forestry line item to fund a tree survey and other urban canopy protection programs. 2) Increase to tree mitigation fees and reallocation of these fees collected to be put toward an Urban Forestry line item to help fund a tree survey and urban canopy protection programs. 3) Allow an option for variance and adjustment applications filed for the purpose of tree preservation for residential remodels and additions to be funded from the City's Urban Forestry line item. IV-606(f) 4) Tree removal permit posting requirements and identification of all trees to be removed with an orange plastic ribbon, prior to on-site City arborist inspection. 5) Revise definition of "diseased" tree; provide for resistograph testing or similar test for grand trees; and allow for additional testing methods if a tree requested to be removed is believed to be poisoned. 6) Ability to designate "Canopy Streets" in the City. 7) Allow for placement of mitigation trees to nearby properties if removal site is unable to accommodate due to site conditions. 8) New regulations related to protective barricade requirements, root pruning, survivability of new and/or replanted trees, and protection of trees on abutting properties during construction. 9) Provision for a monetary penalty if required tree protection barriers are not in place prior to any demolition/staging/construction activity. 10) Addition of the mango tree to the list of exempt trees from the tree protection ordinance. 11) Provide additional criteria for granting a tree removal permit if the property owner presents evidence their insurance coverage is being denied due to the proximity of a tree; or if a tree is within 36 inches of a main structure or garage. 12) Clarification that palm trees may not be utilized as replacement mitigation trees when canopy trees have been removed, except on barrier islands. 13) Require a minimum 4-inch DBH tree instead of a minimum 2-inch DBH tree in the front yard of new single-family dwellings or with additions to a single-family dwelling that exceed 500 square feet. VI- 102(u)(5) II-201 Definitions ZTA requested to provide more efficient and consistent enforcement related to issues created by the late night operations of convenience stores. The current definition of a convenience store is as follows: Any retail food store that is under 4,000 gross floor area and is open at least 15 hours a day. The new language defining a convenience store would include any retail food store that is under 4,000 square feet gross floor area and includes operating hours between 2:00 AM and 6:00 AM. Community Boat Docks The revised convenience store definition would require that affected stores, those with operating hours between 2:00 AM and 6:00 AM, obtain a conditional use and meet all of the special criteria found in Section VII-602(bb) of the Zoning Code, such as filing a Good Neighbor Plan and having a lighting certification. To provide for an adequate transition period, any existing store that meets the new definition of a convenience store would be required to make application for a conditional use and the corresponding site plan within nine months of the second reading of the Zoning Text Amendment. There would be no grandfathering of any existing use. VII-1302 Docks Current Zoning limits the construction of a dock to property which is held in common ownership by all of the lot owners in a subdivision through a homeowners association or similar entity. However, 14 landlocked residents of the San Remo Estates subdivision are interested in constructing a community boat dock on land owned exclusively by the 14 residents as the East Tangier Yacht Basin Association and not the entire subdivision. The remaining lot owners have waterfront property and private docks. The ZTA would allow the dock property to be held in common ownership by either all owners of a subdivision or just the landlocked parcels with optional participation by the waterfront parcel owners. If the ZTA is approved, the requirement for minor conditional use approval would still remain. For more information The proposed revisions to the Zoning Code (2002 Ed.) as proposed in Application No. 16-ZTA-01 are on file for public inspection in the Department of Neighborhood and Development Services, City Hall Annex, from 8:00 a.m. to 5:00 p.m. weekdays. If you have questions or are interested in receiving notices of future meetings, please contact the Department of Neighborhood and Development Services at (941) ext This is a public hearing; therefore, all interested persons will be entitled to personally testify at the hearing or to submit documents or letters. If a person decides to appeal any decision made by the board, agency or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act of 1990 and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in such public hearing should contact the Planning Dept. Office at (941) ext at least two (2) business days prior to the date of the public hearing as to the nature of the aid and/or service desired. Reasonable auxiliary aids and services will be made available to qualified disabled individuals to the extent that no undue financial or administrative burden results. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. CITY OF SARASOTA By: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk Publish Date: March 27, 2016 Page 14 of 15

19 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ZONING CODE (2002 ED.) APPLICATION NO. 16-ZTA-01 (RE: CONVENIENCE STORES) Notice is hereby given that the CITY COMMISSION of the City of Sarasota, Florida will meet on Monday, June 6, 2016 at 6:00 p.m. in the Commission Chambers, City Hall, 1565 First Street, Sarasota, Florida. Starting at 6:00 p.m. or as soon thereafter as possible, the Commission will open the scheduled Public Hearings in the order they appear on the Agenda. The following Ordinance incorporating Application No. 16-ZTA-01 will be considered at the first of two required public hearings: ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA AMENDING THE ZONING CODE (2002 EDITION) OF THE CITY OF SARASOTA TO AMEND ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 2, DEFINITIONS, SECTION II-201, DEFINITIONS, SO AS TO AMEND THE DEFINITION OF A CONVENIENCE STORE TO BE ANY RETAIL FOOD STORE THAT IS UNDER 4,000 SQUARE FEET GROSS FLOOR AREA AND INCLUDES OPERATING HOURS AT ANY TIME BETWEEN 2:00 A.M. AND 6:00 A.M.; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. For more information The proposed revisions to the Zoning Code (2002 Ed.) as proposed in Application No. 16-ZTA-01 are on file for public inspection in the Office of the City Auditor and Clerk, 1565 First Street, Sarasota, FL, telephone (941) from 8:00 a.m. to 5:00 p.m., Monday through Friday. If a person decides to appeal any decision made by the board, agency or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act of 1990 and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in such public hearing should contact the Office of the City Auditor and Clerk at (941) at least two (2) business days prior to the date of the public hearing as to the nature of the aid and/or service desired. Reasonable auxiliary aids and services will be made available to qualified disabled individuals to the extent that no undue financial or administrative burden results. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. CITY OF SARASOTA By: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk Publish Date: May 22, 2016 Page 15 of 15