February 19, 2009 MINUTES Book 4 SARASOTA COUNTY PLANNING COMMISSION Page 429

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1 SARASOTA COUNTY PLANNING COMMISSION Page 429 SARASOTA COUNTY ADMINISTRATION CENTER 1660 RINGLING BOULEVARD COMMISSION CHAMBER SARASOTA, FLORIDA 6:30 p.m. Joseph Gruters, Vice Chairman John J. Fellin Christopher King Marianne Reilly Christine Robinson Laurel Schiller Also present were: Alan Roddy, Assistant County Attorney Claudia Goodson, Deputy Clerk PLEDGE OF ALLEGIANCE Vice Chairman Gruters Vice Chairman Gruters noted the absence of Chairman Hudgins, Mr. Piccone, and Mr. Allen. (Note: School Board Representative Marsh was absent). (6:34:49) 1. WAIVER REQUEST Request by Robert Melsom, Agent, to waive the requirement for a Neighborhood Workshop within nine months of a public hearing for Rezone Petition No and Special Exception Petition No Following comments by Planning and Development Services Planner Jack Wilhelm, Ms. Reilly moved to grant the waiver requests for Rezone Petition No and Special Exception Petition No The motion, seconded by Mr. Fellin, carried by a 6-0 vote. (6:37:03) 2. CRITICAL AREA PLAN (CAP) AMENDMENTS/REZONE PETITIONS/SPECIAL EXCEPTIONS A. Public hearing to consider a CAP Amendment, a privately-initiated petition by Brian Lichterman, Agent, to amend the Osprey Village Center Revitalization Plan (OVCRP) to incorporate a Waterfront Revitalization Plan for approximately 14 acres located west of U.S. 41 and south of West Bay Street; B. Public hearing to consider Rezone Petition No , a petition by Brian Lichterman, Agent, to rezone approximately 5.45 acres located west of U.S. 41 and south of West Bay Street from RMF-1 (Residential, Multi-Family, 6 units/acre), RSF-1 (Residential, Single-Family, 2.5 units/acre) and CG (Commercial, General) to CG zone district; C. Public hearing to consider Special Exception Petition No. 1646, a petition by Brian Lichterman, Agent, to allow a maximum height of 57 feet and transient accommodations in the CG zone district on approximately 5.45 acres located west of U.S. 41 and south of West Bay Street. Vice Chairman Gruters opened the public hearings simultaneously.

2 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENTS/REZONE PETITIONS/SPECIAL EXCEPTIONS - (Continued) Planning and Development Services Senior Planner Adriana Trujillo-Villa gave an overview of the proposals and submitted a revised copy of a 2007 aerial photograph and additional correspondence received on the petitions. Planning and Development Services Planning Manager Crystal Allred presented Staff s report on the request for a CAP, amending the OVCRP, to incorporate a Waterfront Revitalization Plan. Ms. Allred advised of the addition of nine Conditions (Nos. 19 through 27) and an amendment to Condition No. 1.2 to the OVCRP, noted the recommended Staff revisions to language proffered by the Applicant relative to the U.S. 41 Greenway Buffer, and reviewed the proposed revisions recommended by the Osprey Revitalization Committee (ORC) to Condition Nos. 19 and 22. Ms. Trujillo-Villa presented Staff s report on the request to rezone approximately 5.45 acres to the CG zone district to allow the construction of 184 hotel rooms, including two-story hacienda suites to be located in three structures, and for a special exception to allow a maximum height of 57 feet for the main structure and transient accommodations and advised that the proposed Spanish Point Pub development includes a waterfront restaurant/bar, elevated plaza decks, a pool/spa, and specialty retail shops. Ms. Trujillo-Villa advised of the binding Development Concept Plans (DCP) for the Rezone and Special Exception Petitions, noted 15 stipulations for the Rezone Petition and two stipulations for the Special Exception Petition (page 23 of Staff's report) requested by the Review Agencies, and reviewed and submitted a copy of proposed Stipulation No. 16 recommended by Staff for the Rezone Petition, as follows: The pedestrian circulation system as shown on the Development Concept Plan date stamped October 23, 2008, shall be shown on all plans submitted for development approval and shall be constructed prior to the issuance of a certificate of occupancy. Discussions were held with Ms. Allred, Assistant County Attorney Alan Roddy, and Planning and Development Services Principal Planner II Tate Taylor on the following topics/issues: - requested that the word "be" be added between the words "shall" and "limited" and that the language regarding the percentage of the district height in relation to the cupolas be clarified in the second sentence in Condition 22.A. of the proposed CAP Amendment, without objection - definition of the Spanish Colonial Revival architectural style in Condition 22.B. of the proposed CAP Amendment/requested that architectural design criteria be specified/formalized in the proposals, without objection - quality of accommodations of the proposed facility/inability to enforce the type of facilities - Planning Commission (PC) Rules of Procedure relative to s/materials received after receipt of Staff reports/packets - opacity requirements for buffering/landscaping on the DCP/reference to pages 18 and 38 of Staff s report. (7:10:50) Upon inquiry, Planning and Development Services Zoning Administrator Tina Crawford reviewed and submitted copies of Sections of the Zoning Code relative to revisions to DCP s and Ms. Allred commented on the permitted and limited uses in the Waterfront Revitalization Plan. Discussion ensued with Environmental Services Resource Protection Environmental Specialist Jim Dierolf and Assistant County Attorney Roddy on Condition 20.A. of the proposed CAP Amendment regarding the watercourse buffer public pedestrian access easement, proposed structures, and the use of the word "may" versus the word "shall" (first sentence) relative to the execution/delivery of a public pedestrian access easement, with references to Conditions 20.D. and 27.

3 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENTS/REZONE PETITIONS/SPECIAL EXCEPTIONS - (Continued) Attorney Stephen Rees, Sr. commented on the Applicant s proffered Conditions for the proposed CAP Amendment relative to the increase in the opacity buffering, advised that the binding DCP reflects the watercourse buffer public pedestrian access easement, and noted agreement to create/provide a Declaration of Restrictive Covenants to address ORC and community concerns. (7:27:43) Agent Brian Lichterman submitted a copy of Sivitiz Innovative Designs for the proposed development, presented an overview of the proposed requests, noted agreement with the proposed Conditions and stipulations, as amended, and supported approval. Calpac, Inc., Vice President and Hotel Development Consultant Chris Brown commented on the size, configuration, and the economic viability of the proposed development. Attorney Rees commented on the Applicant's artistic watercolor renderings of the proposed development presented this date and reviewed and submitted a copy of a proffered stipulation as follows: Development of the Transit Accommodation structures for hotel and accessory uses, other improvements, easements, and landscaping shall occur in substantial accordance with the Development Concept Plan date stamped, 2008, and attached hereto as Exhibit "A," and in substantial accordance with the architectural and landscape renderings date stamped, 2008, which are on file in the office of Sarasota County Planning Services, except as necessary to comply with the stipulations therein. This does not imply or confer any variance from applicable zoning or land development regulations. The Development shall be binding for the entire property. Following discussion, Assistant County Attorney Roddy commented on Staff's site plan compliancy determinations based upon the articulation of specifics for the Spanish Colonial Revival architectural designs versus the Applicant's artistic watercolor renderings of the proposed development presented this date. Discussions were held with Attorney Rees, Mr. Brown, and Ms. Allred on the following topics/issues: - proposed increase in opacity/discussions with the ORC and at the Neighborhood Workshops - proposed placement of a five-story building in Hurricane Vulnerability Zone 2 (page 27 of Staff s report) - potential sales contract for the subject property/identification of the Buyer - feasibility study for a proposed hotel/average daily room rate - Policy relative to evacuation routes and the Barrier Islands/Environmental Policy Policy regarding the intensification of land uses within Hurricane Vulnerability Zones - Hurricane Storm Surge Map (page 8 of Staff s report). RECESS: 8:09 p.m. - 8:17 p.m. Discussions were held throughout the public testimony with the following individuals commenting on the proposal: Richard Noyes, ORC Chairman Robert Woelfel Jerry Woelfel Frank Shaughnessy Schelly Shaughnessy Dawn Merrill

4 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENTS/REZONE PETITIONS SPECIAL EXCEPTIONS - (Continued) Matt Depaima David Merrill, representing the Osprey Civic League (submitted a copy of petitions) Richard Perrone John Seerey Lester Peter Dailey (9:08:46) Discussions were held with Attorney Rees, Ronald Sivitz, and Mr. Brown on the following topics/issues: - spill-over traffic/florida Department of Transportation (FDOT) required entranceways - artistic watercolor renderings of the proposed development/compatibility with the DCP - neighborhood concerns regarding the type of proposed transit accommodations/composition of a Declaration of Restrictive Covenants with consultation of the ORC and the Osprey Civic League prior to consideration by the Board of County Commissioners (BCC) - conditions/specifics in the proposed Declaration of Restrictive Covenants - definition of a resort/destination hotel - three diamond versus three star hotel ratings - location of the retail area/architectural designs of the proposed buildings - location of the existing CG zone district on the DCP/permitted uses. Attorney Rees offered rebuttal comments and suggested the addition of stipulations or notes on the site plan legend to address the Applicant's commitment regarding the public pedestrian access easement and the identification of the proposed hotel areas with "green" roofs and the building heights with cupolas. Following comments by Mr. Sivitz, Vice Chairman Gruters noted no objection to notations on the site plan legend identifying the building height with cupolas and the location of the proposed hotel areas with "green" roofs. Following comments by Attorney Rees in support of the proposals, Ms. Allred and Ms. Trujillo-Villa responded to an inquiry and noted Staff's recommendation to add Stipulation No. 16 to the Rezone Petition. Vice Chairman Gruters closed the public hearings, without objection. Assistant County Attorney Roddy commented on PC determinations relative to the proposed petitions. Following discussion, Vice Chairman Gruters noted the absence of support for Mr. Dailey s request for consideration of proposed building heights on adjacent properties in conjunction with the Applicant's petition. (9:46:03) Ms. Robinson moved to recommend approval of the CAP Amendment, amending the OVCRP, to incorporate a Waterfront Revitalization Plan, as amended, including the recommended Staff revisions and the ORC s recommended revisions to Staff s recommended revisions. The motion was seconded by Mr. Fellin. Following individual comments, and upon inquiry, Ms. Robinson advised that the motion included a recommendation that specifics for the Spanish Colonial Revival architectural designs be provided prior to consideration by the BCC, with no objection by Mr. Fellin. Subsequent to comments, the motion carried by a 6-0 vote. (9:58:58) Ms. Reilly moved to recommend approval of Rezone Petition No in accordance with Staff's report with 16 stipulations and favorable findings of fact. The motion, seconded by Ms. Schiller, carried by a 6-0 vote.

5 SARASOTA COUNTY PLANNING COMMISSION Page CAP AMENDMENTS/REZONE PETITIONS/SPECIAL EXCEPTIONS - (Continued) (9:59:55) Ms. Robinson moved to recommend approval of Special Exception Petition No in accordance with Staff's report with two stipulations and favorable findings of fact. The motion, seconded by Ms. Reilly, carried by a 6-0 vote. (10:01:01) Ms. Robinson requested that the proposals be transmitted to the BCC noting the PC's intent that the Applicant provide a private agreement or stipulation to address the nature of the proposed development's business with the neighborhood, without objection. Note: Oath/Signature Cards Filed for Record. RECESS: 10:01 p.m. - 10:09 p.m. (10:09:52) 3. ZONING ORDINANCE AMENDMENTS Public hearing to consider Zoning Ordinance Amendment No. 29, amending Zoning Ordinance No , as amended and codified in Appendix A of the County Code, to revise the parking requirements for restaurants and bars within the Siesta Key Overlay District (SKOD). Planning and Development Services Zoning Administrator Tina Crawford presented Staff s report on the request to revise the parking requirements for restaurants and bars within the SKOD to address insufficient parking spaces for SKOD businesses and advised of meetings/input from an Ad Hoc Committee composed of Representatives from the Siesta Key Village Association, the Siesta Key Chamber of Commerce, and the Siesta Key Association which represents the neighborhood residents. Upon inquiry, Siesta Key Village Association President and Ad Hoc Committee Chairman Mark Smith commented on the discussions and support of the proposal by the Ad Hoc Committee. Discussions were held with Mr. Smith, Troy Syprett, Ms. Crawford, Assistant County Attorney Alan Roddy, and Jim Syprett on the following topics/issues: - number of landlords/non-restaurant owners on the Ad Hoc Committee - public/advertised meetings regarding the proposal - requested to revise the last sentence in Section I.4. of the proposed Ordinance, without objection, as follows (additions shown as underlined text/deletions shown as strikethrough text): "Any discontinuance of the a non-conforming use of a structure..." - requested to revise the last sentence in Section I.6. of the proposed Ordinance, without objection, as follows (additions shown as underlined text): "It also includes all patios, decks, or other outdoor areas of the parcel used for eating, or drinking, and/or waiting areas." - Section I.9. of the proposed Ordinance regarding the parking fund guidelines to calculate the land/development costs in the SKOD commercial area/property values determined by the County Property Appraiser - requested to add the word "prorated" prior to the words "per parking space" in the third sentence in Section I.9. of the proposed Ordinance, without objection - suggested that an annual determination by the County Administrator of the current development costs for the Siesta Key County parking lot be used as the basis to calculate potential individual parking space for allocations to the parking fund with the funds designated for future additional SKOD parking

6 SARASOTA COUNTY PLANNING COMMISSION Page ZONING ORDINANCE AMENDMENTS - (Continued) - suggested that language be added to the proposed Ordinance to address agreements with valet parking companies/shared parking agreements with private property Owners for use of their properties Vice Chairman Gruters closed the public hearing, without objection. (10:40:02) Mr. Fellin moved to recommend approval of proposed Zoning Ordinance Amendment No. 29, as amended, with consideration of the comments/revisions provided by the Planning Commission this date. The motion was seconded by Ms. Reilly. Following individual comments, the motion carried by a 6-0 vote. (10:42:15) Mr. Fellin requested and Ms. Crawford noted agreement to provide a future presentation to the Planning Commission on minor and major variations to Development Concept Plans. Note: Oath/Signature Cards Filed for Record. (10:43:16) 4. COMMISSION REPORTS The following items were presented and discussions were held with Assistant County Attorney Alan Roddy, Planning and Development Services Current Planning Manager Crystal Allred, and Planning and Development Services Zoning Administrator Tina Crawford: unreadable Development Concept Plans (DCP) in the Staff reports/packets and the availability of supporting information/materials online. (10:49:34) 5. BUDGETS - No items were presented. (10:49:34) 6. MEETING SCHEDULE The Planning Commission did not discuss the following meeting schedule: March 5, :30 p.m. March 19, :30 p.m. Robert L. Anderson Administration Center County Administration Center 4000 South Tamiami Trail 1660 Ringling Boulevard Venice, Florida Sarasota, Florida April 2, :30 p.m. April 16, :30 p.m. Robert L. Anderson Administration Center County Administration Center 4000 South Tamiami Trail 1660 Ringling Boulevard Venice, Florida Sarasota, Florida MEETING ADJOURNED: 10:49 p.m. MINUTES APPROVED: Chairman