Sarasota County Facts

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BCC Regular 2023 09 27 Official Minutes

Meeting date: 2023-09-27 · Minutes

Readable text of the archived county record. The county published this meeting record as a web page rather than a PDF.

BCC-Regular
September 27, 2023
09:00 a.m.
MINUTES
BOARD OF COUNTY COMMISSIONERS
1660 RINGLING BOULEVARD
COMMISSION CHAMBER
SARASOTA, FLORIDA
Ron Cutsinger, Chair, District 5
Michael A. Moran, Vice Chair, District 1
Mark Smith, District 2
Neil Rainford, District 3
Joe Neunder, District 4
Also present were:
Jonathan Lewis, County Administrator
Joshua Moye, County Attorney
Karen E. Rushing, Clerk of the Circuit Court and County Comptroller
Maria Bocci, Deputy Clerk
(09:00 a.m.)
INVOCATION
Parks, Recreation and Natural Resources Director Nicole Rissler
(09:01 a.m.)
PLEDGE OF ALLEGIANCE
Michael Taylor, Sergeant,  United State Marine Corps
(09:01 a.m.)
RECOGNITION:
UF/IFAS (University of Florida Institute of Food and Agricultural Sciences Extension and Sustainability) - LEED "Gold" Certification Recognition
(09:06 a.m.)
1.
OPEN TO THE PUBLIC
- Opened and closed without comment.
DISCUSSION SECTION:
(09:06 a.m.)
2.
PLANNING AND DEVELOPMENT SERVICES
The Board considered providing policy guidance on allowing affordable housing on GU (Government Use) zoned property.
Staff Presenters:
Planning and Development Services Director Matthew Osterhoudt and County Administrator Jonathan Lewis
09:26 a.m. Board Action:
Requested the County Administrator to bring back to the Board options on a public-initiated Unified Development Code Amendment on allowing affordable housing on GU zoned property.  Requested by Cutsinger, without objection.
(09:26 a.m.)
3.
OFFICE OF FINANCIAL MANAGEMENT
A.
The Board considered a presentation on the program updates and an affordable housing project adjustment for the American Rescue Plan Act, State and Local Fiscal Recovery Funds;
B.
The Board took no action to consider approving a project proposal adjustment for Sarasota Housing Authority for the awarded Lofts on Lemon Phase II Project, decreasing the anticipated total number of affordable housing units from 100 to 93.
Staff Presenters:
Office of Financial Management Program Management Division Manager Steve Hyatt, County Administrator Jonathan Lewis and County Attorney Joshua Moye
Public Presenter:
William Russell
(10:14 a.m.)
4.
ADMINISTRATION
The Board considered receiving a semi-annual update from the Bay Park Conservancy.
Staff Presenter:
Deputy County Administrator Steven Botelho
Public Presenters:
Stephanie Crockatt and William Waddill
(10:41 a.m.)
5.
GOVERNMENTAL RELATIONS
The Board considered approving the 2024 State Legislative Program.
Staff Presenter:
Governmental Relations Director Robert Lewis
Public Presenter:
Laura Boehmer
10:53 a.m. 

	Board Action:
Approved the 2024 State Legislative Program, as amended. Moved by Smith, seconded by Moran, carried by a 5-0 vote.
RECESS:
10:54 a.m. - 11:07 a.m.
PUBLIC HEARINGS:
PUBLIC HEARINGS - PRESENTATIONS UPON REQUEST:
(11:07 a.m.)
6.
PLANNING AND DEVELOPMENT SERVICES
A.
Public hearing to consider proposed Ordinance No. 2023-039, approving Small Area Comprehensive Plan Amendment (CPA) No. SA 2022-14 amending the Future Land Use Map for property located in the southwest quadrant of Interstate 75 and University Parkway, from Major Government Use (MGU) and High Density Residential, to Regional Commercial Center, amending Special Planning Area No. 1 Map 7-6 to show the new areas of Special Planning Areas 1A and 1B;
B.
Public hearing to consider proposed Ordinance No. 2023-040, approving a Notice of Proposed Change No. 9 to the Sarasota Interstate Park of Commerce (SIPOC) Development of Regional Impact (DRI) to change the Master Development Plan by adding approximately 49 acres to the southern boundary of the DRI;
C.
Public hearing to consider proposed Ordinance No. 2023-041, approving Rezone Petition No. 22-43 to rezone the SIPOC DRI from RMF-3/PUD (Residential, Multi-Family 13 units/acre/Planned Unit Development), GU (Government Use), and CG (Commercial, General) with stipulations, to CG with amended stipulations;
D.
Public hearing to consider a proposed Resolution approving Special Exception Petition No. 1858 to allow special events in conjunction with an approved outdoor recreation use and revise the boundary of already approved special exception uses within the proposed CG zone district.
11:09 a.m. 

	Board Action:
Closed the public hearings. Closed by Cutsinger, without objection.
11:09 a.m. 

	Board Action:
Adopted Ordinance No. 2023-039, approving Small Area CPA No. SA 2022-14. Moved by Rainford, seconded by Smith, carried by a 5-0 vote.
11:09 a.m. 

	Board Action:
Adopted Ordinance No. 2023-040, approving a Notice of Proposed Change No. 9 to the SIPOC DRI. Moved by Rainford, seconded by Smith, carried by a 5-0 vote.
11:09 a.m. 

	Board Action:
Adopted Ordinance No. 2023-041, approving Rezone Petition No. 22-43. Moved by Rainford, seconded by Smith, carried by a 5-0 vote.
11:09 a.m. 

	Board Action:
Adopted Resolution No. 2023-212. Moved by Rainford, seconded by Smith, carried by a 5-0 vote.
(11:10 a.m.)
7.
PARKS, RECREATION AND NATURAL RESOURCES
A.
Public hearing to consider a proposed Resolution, Budget Amendment No. B2023-050, amending the Fiscal Year 2023 Budget to appropriate funding to Capital Improvement Program Project No. 94714 - North Jetty Park Dune Walkover Replacement, in the amount of $745,000.00;
B.
(Not a public hearing.) The Board considered approving and authorizing the County Administrator, or Designee, to execute a Construction Contract with Stellar Development, Inc., for the North Jetty Park Dune Walkover Replacement, in an amount not to exceed $1,499,615.49.
11:10 a.m. 

	Board Action:
Closed the public hearing. Closed by Cutsinger, without objection.
11:10 a.m. 

	Board Action:
Adopted Resolution No. 2023-213, Budget Amendment No. B2023-050. Moved by Neunder, seconded by Rainford, carried by a 5-0 vote.
11:10 a.m. 

	Board Action:
Approved and authorized the County Administrator, or Designee, to execute a Construction Contract with Stellar Development, Inc. Moved by Neunder, seconded by Rainford, carried by a 5-0 vote.
(11:11 a.m.)
8.
PARKS, RECREATION AND NATURAL RESOURCES
A.
(Not a public hearing.) The Board considered a proposed Resolution, amending the Fiscal Year (FY) 2023-2027 Capital Improvement Program (CIP) (Resolution No. 2022-166) to add the Venice Gardens Park Improvements as Project No. 94723;
B.
Public hearing to consider a proposed Resolution, Budget Amendment No. B2023-053, amending the FY 2023 Budget to appropriate funding to CIP Project No. 94723 - Venice Gardens Park Improvements, in the amount of $1,469,540.00.
11:11 a.m. 

	Board Action:
Closed the public hearing. Closed by Cutsinger, without objection.
11:12 a.m. 

	Board Action:
Adopted Resolution No. 2023-214, amending the FY 2023-2027 CIP. Moved by Neunder, seconded by Rainford, carried by a 5-0 vote.
11:12 a.m. 

	Board Action:
Adopted Resolution No. 2023-215, Budget Amendment No. B2023-053. Moved by Neunder, seconded by Rainford, carried by a 5-0 vote.
PUBLIC HEARINGS - PRESENTATIONS SCHEDULED:
(11:12 a.m.)
9.
PLANNING AND DEVELOPMENT SERVICES
Sitting as the Water and Navigation Control Authority (WNCA)
Public hearing to consider a proposed Resolution regarding WNCA Major Work Permit Application No. 2021-106000-RW for filling mangrove wetlands and associated mitigation at 1245 Sea Plume Way and 6841 Peacock Road, Siesta Key, Sarasota.
Staff Presenters:
Planning and Development Services Director Matthew Osterhoudt and Planning and Development Services Environmental Protection Division Environmental Permitting Manager Howard Berna
Public Presenter:
John McKenna
Items submitted:
Copies of maps
Chair Cutsinger recessed the Board of County Commissioners (BCC) and convened as the WNCA.
11:31 a.m. 

	Board Action:
Closed the public hearing. Closed by Cutsinger, without objection.
11:33 a.m. 

	Board Action:
Adopted Resolution No. 2023-216. Moved by Moran, seconded by Rainford, carried by a 4-1 vote;  Smith voted "No."
Chair Cutsinger adjourned the WNCA and reconvened as the BCC.
Note: Oath/Signature Cards Filed for Record.
(11:36 a.m.)
10.
PLANNING AND DEVELOPMENT SERVICES
A.
Public hearing to consider proposed Ordinance No. 2023-036, approving Comprehensive Plan Amendment (CPA) No. SA-2022-02 for property located north of Stickney Point Road and west of U.S. 41, to change future land use designation of approximately 0.78 acres from Medium Density Residential (MEDR) to Regional Commercial Center;
B.
Public hearing to consider proposed Ordinance No. 2023-037, approving Critical Area Plan (CAP) Amendment No. 16-01-SP (Siesta Promenade) for property located north of Stickney Point Road and west of U.S. 41 of approximately 23.06 acres, to revise the boundaries of the Siesta Promenade Critical Area Plan;
C.
(Not a public hearing.) Land Development Regulation Commission (LDRC) to find Ordinance No. 2023-037 to be consistent with the Comprehensive Plan. (Must be done prior to the adoption of B.);
D.
Public hearing to consider proposed Ordinance No. 2023-038, approving Rezone Petition No. 22-09 for property located north of Stickney Point Road and west of U.S. 41, to rezone approximately 0.78 acres from Residential Multi-Family to Commercial, General (CG) zone district with amended stipulations.
Staff Presenters:
Planning and Development Services Planner Keaton Osborn and County Attorney Joshua Moye
Public Presenters:
Todd Mathes, Philip DiMaria, Christopher Hatton, Pat Norton, Roxane Goodman, Walter Rodak, Harry Kochman, Sura Kochman, Robert Luckner, Gunnar Westergom, Timothy Hensey, James Williams, Neal Schleifer, and Carlyn Berghoff
Items submitted:
Copies of correspondence, a copy of a document entitled "Ordinance No. 2023-048 - Alternative", a presentation entitled "Alternative Paths to Approval", and a document entitled "Traffic Engineer's Statement"
RECESS:
12:03 p.m. - 1:00 p.m.
01:53 p.m. 

	Board Action:
Closed the public hearings. Closed by Cutsinger, without objection.
Chair Cutsinger recessed the Board of County Commissioners (BCC) and convened as the LDRC.
01:54 p.m. 

	Board Action:
Found Ordinance No. 2023-037 to be consistent with the Comprehensive Plan.  Moved by Neunder, seconded by Moran, carried by a 4-1 vote;  Smith voted "No."
Chair Cutsinger adjourned the LDRC and reconvened as the BCC.
01:59 p.m. 

	Board Action:
Adopted Ordinance No. 2023-036, approving CPA No. SA-2022-02. Moved by Neunder, seconded by Moran, carried by a 4-1 vote;  Smith voted "No."
01:59 p.m. 

	Board Action:
Adopted Ordinance No. 2023-037, approving CAP Amendment No. 16-01-SP (Siesta Promenade). Moved by Neunder, seconded by Moran, carried by a 4-1 vote;  Smith voted "No."
01:59 p.m. 

	Board Action:
Adopted Ordinance No. 2023-038, as amended this date, approving Rezone Petition No. 22-09. Moved by Neunder, seconded by Moran, carried by a 4-1 vote;  Smith voted "No."
Note: Oath/Signature Cards Filed for Record.
(02:03 p.m.)
11.
OPEN TO THE PUBLIC
- Opened and closed without comment.
12.
OTHER BUSINESS
MEETING ADJOURNED:
2:03 p.m.
MINUTES APPROVED:
_______________
______________________________
Chair