Sarasota Special City Commission Meeting May 13, 2025: Obsidian Appeal and Other Business
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Special City Commission Meeting – May 13, 2025
The meeting convened at 10:00 AM and adjourned at 5:33 PM, with a lunch recess from 12:37 PM to 1:48 PM. The primary agenda item was a quasi-judicial public hearing on Appeal Application No. 25-APP-03 regarding the proposed 1260 North Palm Residences (The Obsidian), a 14-unit, 18-story tower (approximately 327 feet) on a 12,377-square-foot lot at 1260-1274 North Palm Avenue. After four hours of presentations, testimony, and commissioner questions, the Commission voted 4–1 to grant the appeal, reversing the administrative and Planning Board approvals. The meeting also addressed the interim city manager position and ongoing issues with US Recycling.
Consent Calendar
- The proposed Agenda Schedule was approved 5–0 at 10:02 AM.
Public Comments & Testimony
- David Lough (President, Downtown Sarasota Condominium Association): Opposed the project, stating the building is too large for the site and the adjustments do not address compatibility. He also noted that off-site refuse collection would burden public sidewalks.
- John Simon (downtown resident): Raised concerns about construction vehicles blocking Palm Avenue, debris falling on nearby properties, and inadequate loading/unloading provisions, citing his experience during the D Marque construction.
- Mark Laven (President, The Jewel Condominium): Described the quarter-acre lot as insufficient for an 18-story building and urged denial to protect downtown character.
- Jose Fernandez: Argued the developer is exploiting loopholes and that adjustments should not be granted for an undersized lot.
- Candy Swick (realtor): Opposed, stating the project violates compatibility and would harm pedestrian experience with garbage on sidewalks.
- Frank Crituro (gallery owner): Said construction would put his business and others on Palm Avenue out of business.
- Howard Killman (President, The Boulevard Condo Association): Characterized the building as out of character for Sarasota and urged a denial.
- Ed Loke: Stated city staff had “acquiesced” to the developer and asked commissioners to protect downtown.
- Eric Fox (reading a letter from Rich Augustine): Alleged the developer’s previous project (The Sincera) had serious construction defects and that the developer avoided liability through LLC asset stripping.
- Judy Fox (quoting Climate Adaptation Center CEO Bob Bunting): Raised climate concerns, noting increased heat island effect and stormwater impacts from tall concrete buildings.
- Bill Carnes (professional engineer): Detailed engineering risks, including foundation challenges due to the small lot and close proximity to Bay Plaza’s structural supports.
- Jim Lample (resident at The Jewel): Stressed that the project would set a dangerous precedent and does not meet the spirit of the code.
- Tony Joseph (Bay Plaza board member): Noted Bay Plaza did not oppose other nearby developments but objected to this one because of extreme proximity (13 feet from a vertical support) and inadequate retail frontage.
- Martin Hyde: Called the building a “money-grabbing scheme” and said it was incompatible with any vision of Sarasota.
- Gigi Silverberg (realtor): Described the project as the “most grotesque” example of reckless development, risking white elephants and overbuilt inventory.
- Frank Burke (property manager, Marina Tower): Read a board letter opposing the project for safety, traffic, and lack of public benefit.
- Ron Shapiro: Argued the project provides zero public good and that adjustments should not be granted.
- Pamela Hogan (Sarasota resident): Expressed fear of future overdevelopment and lack of consideration for existing taxpayers.
- Linda Haller Sloan (Marina Tower owner): Noted the building would shadow solar panels and create safety hazards during construction.
- Kelly Franklin (via Zoom): Warned that the Live Local Act would allow similar towers within a mile, endangering neighborhoods across Sarasota.
Discussion Items
- Appeal of 1260 North Palm Residences (The Obsidian): The quasi-judicial hearing included:
- Special Counsel Jay Daigneault explained the de novo process, clarified that SB 250 prevents the city from regulating interstitial space, and stated the Commission owes no deference to previous decisions.
- Applicant (Brenda Patten, Robert Lincoln, Gary Hoyt, George Scarfe) argued the project complies with all zoning codes, that adjustments are minor and typical for downtown sites, and that mitigation measures (e.g., 40–82 feet of building separation, 59 feet of interstitial space, additional retail depth) were provided. They emphasized that the Downtown Bayfront zoning allows 18 stories and 14-foot ceiling heights, and that the building’s height is driven by market demand for taller ceilings.
- City Staff (Alison Christie, Lucia Panica) confirmed the application met all criteria, noted adjustments are explicitly allowed for constrained sites, and stated that interstitial space is not regulated under SB 250. Staff recommended denial of the appeal.
- Appellant (Morgan Bentley, Cori Coser) argued the project is incompatible per the city plan, which discourages “very tall buildings” and encourages “like-facing-like” development. They contended the adjustments reduce pedestrian-friendly retail frontage, habitable space, and deny public benefit. Bentley also argued that interstitial space (77 feet claimed by appellant, 59 feet per staff) lacks competent substantial evidence until MEP plans are finalized.
- In rebuttal, the applicant challenged the appellant’s interpretation of the city plan, noting the support documents are not adopted, and emphasized that the planning board had already upheld staff’s approval.
- Commissioners’ questions focused on:
- Loading/unloading for retail and residential deliveries.
- The cumulative effect of the three adjustments.
- Foundation and construction safety.
- Refuse collection logistics.
- Precedent and the Live Local Act.
- Building Official Larry Murphy testified that constructibility and foundation details are not yet known, but that the Florida Building Code and third-party threshold inspectors would govern safety. He acknowledged that zero-lot-line construction requires extensive safety measures.
- Interim City Manager: Commissioner Battie reported that a proposed contract for David Bullock had been emailed to the City Attorney. Commission consensus was reached to put a discussion item on the May 19 regular meeting agenda (with a draft contract included) and to schedule a special meeting on May 20 if needed for a vote.
- US Recycling: Commissioner Ahearn-Koch requested unanimous support to direct staff to continue working with Sarasota County and explore new solutions, including a suggestion to acquire the property for a parking garage. Deputy City Manager Robinson expressed that staff had already devoted significant effort. The Interim City Manager stated an item would be placed on a future agenda.
Key Outcomes
- Vote on the Obsidian Appeal (Motion by Commissioner Ahearn-Koch, seconded by Vice Mayor Trice): The Commission voted 4–1 to grant Appeal Application No. 25-APP-01, finding that the Administrative Site Plan Applications (24-ASP-07 and 24-ADS-04) do not meet the applicable criteria for approval under the Zoning Code, and reversed the approvals made by the Director of Development Services and the Planning Board. The motion carried at 5:15 PM. Commissioners Ahearn-Koch, Trice, Ohlrich, and Battie voted yes; Mayor Alpert voted no. Commissioner Ohlrich cited non-compliance with adjustment criteria (4-1903) and site plan criteria (4-506) including standards 1, 2, 4, and 5. Commissioner Battie cited similar concerns and noted a lack of justification for the height and a need for organic growth rather than “loopholing.” Mayor Alpert dissented, stating the project met all code requirements and that community opposition was not competent substantial evidence.
- Interim City Manager Process: Directed staff to provide a draft interim city manager contract for the May 19 agenda and to schedule a special meeting on May 20 for possible approval. Mr. Bullock was invited to attend the May 19 meeting.
- US Recycling: Staff was directed to continue working with the county and to place an item on a future agenda for discussion of additional measures, including potential land acquisition.
Meeting Transcript
Good morning, everyone. It's ten o'clock, so we're gonna go ahead and call to order this special city commission meeting for May thirteenth, twenty twenty-five. Um to talk about uh essentially the obsidian today. And I'm going to um also ask you to silence your cell phones, and the other thing I just wanted to mention before we get started here. I know this is a really really emotional issue, but um we we don't want people clapping, booing, whatever it is, uh, you know, in in the in the chambers here, so just to keep decorum while we're trying to um conduct the hearings. So thank you. And I'm gonna call on the city auditor and clerk for the invocation. Please stand. Um, and Commissioner Aaron Kotch, please leave us in the flight. Pledge allegiance to the flag of United States of America. It's probably like indivisible with liberty and commissioners. Uh, is there a motion on the proposed agenda schedule? Move to approve. Second. We got a motion by uh Commissioner Ulrich to approve the proposed agenda schedule. Uh second by Commissioner Batty, if you will vote, Commissioners. Is that your vote? Yes. Yes. All right, the motion passes unanimously. Are there any changes to the order of the day, Miss Griggs? No, mayor. All right, thank you so much. Uh the people who are here to speak to the agenda item, you'll be able to speak later in the meeting. This is for unrelated topics, and we have one speaker, so um, would you please read the pledge of public conduct, Miss Griggs? Thank you. We may be we may disagree, but we will be respectful to one another. We will direct all comments to issues. We will not engage in personal attacks. Well, just in the uh the spirit of an amoose bush, and because not everybody here comes quite as frequently as I do, or you guys are paid to. I thought I'd recap a couple of things that we've been talking about in recent days. Um City Manager search, you know. Uh I watched you guys yesterday. You had a bless your hearts. You know, you were sitting there talking about a list of must have, and it reminded me of a dating show. Must be tall, must be dark, must be handsome. Must have a nice sense of humor, must be kind to uh dogs or whatever else. And then you know. Look at the people we actually married. Um look at the reality. Um what happens is you fall in love, you like someone. And uh you can make it as complicated as you like and and nuanced as you like and have a list as long as you're on. But let's not forget you already wasted $34,000 on a search firm who fired you. And he fired you because you couldn't make your mind up as to what you actually wanted. What you need to do is actually see some people. I told you, get a five-minute video from as many people as let them do their little bit, and then from there, you'll have people that you don't like, you'll have people that you do like, and you can move on from there. But this idea that what somebody did in the past is necessarily indicative of what they'll do when they turn up. I can speak as someone from uh personal experience that uh the person that you meet on the first date, the person you marry often isn't the person that turns up after the honeymoon. In fact, my wife told me off on my honeymoon. In any event.
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