AGENDA REQUEST AGENDA ITEM NO: IV.B.6. Consent Agenda No. 2. April 16, 2018 BY Development Services Timothy Litchet Planner Greenberg SUBJECT:

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1 AGENDA REQUEST AGENDA HEADNG: Consent Agenda No. 2 COMMSSON MEETNG DATE: April 16, 2018 BY Development Services Timothy Litchet Planner Greenberg AGENDA TEM NO: V.B.6. Originating Department SUBJECT: Department Head Presenter Adoption Re: Adoption RE: Second reading of Ordinance No , vacating an approximately 350 foot long by 50 foot wide portion of Hawthorne Street located east of S. Osprey Avenue. COMMSSON PRORTES: Business Requirement EXPLANATON: (see next page for additional explanation) Sarasota Memorial Hospital is requesting street vacation and rezone approval from the City Commission. This Ordinance (No ) is for the street vacation. There is a companion Agenda Request for the rezone. The accompanying site plan for the 5-story parking garage was approved by the Planning Board on December 13, 2017 subject to approval of the rezone and the street vacation petitions. Both Ordinances (for street vacation and rezoning) received unanimous approval at the City Commission public hearing on January 16, Pursuant to the conditions of approval for the street vacation, the applicant was required to record easements for four utility providers who have facilities in the right of way prior to scheduling Ordinance for second reading. Staff received confirmation from the City Attorney s Office on March 16, 2018 that the required utility easements have been recorded therefore allowing the applicant to proceed to second reading. As it has been several months since the City Commission heard the application, a summary is provided below. ADMNSTRATON'S RECOMMENDATON: The Planning Board recommends that the City Commission adopt Ordinance No on second reading. APPROVAL SUMMARY: Approval Department Head Approval Legal Review / Approval Deputy City Manager Approval City Manager Approval City Auditor and Clerk Approval Required Date Completed Y 03/27/2018 Y 03/27/2018 Y 03/30/2018 Y 03/30/2018 Y 03/30/2018 Completed By Timothy Litchet Robert Fournier Marlon Brown Marlon Brown Pamela Nadalini Status APPROVED APPROVED APPROVED APPROVED APPROVED

2 ADDTONAL EXPLANATON: AGENDA REQUEST Approval of this Ordinance (No ) would vacate a portion of the right of way approximately 139 feet east of S. Osprey Avenue. The portion of Hawthorne Street proposed for vacation is reflected in the backup documents within the staff report. The standards for review of the street vacation, for the City Commission to consider, are found in the staff report. The parking garage that has been designed to extend over top of what is now public right of way. n order to facilitate development, the applicant requests to vacate a portion of Hawthorne Street as indicated in the backup documents within the staff report and as shown on the Master Site Plan (sheet 4) included in the final plan set. Arlington Street, south of the garage, provides ingress and egress to the garage. Hawthorne Street and the portion to be vacated, north of the garage, provide ingress only. The portion of Hawthorne Street to be vacated currently terminates in a cul-de-sac. Per Engineering Design Criteria Manual (EDCM) requirements another cul-de-sac would be required adjacent to the area to be vacated in order to allow vehicles the ability to turn around. Since there is not sufficient space to construct a cul-de-sac per EDCM standards adjacent to the proposed vacation, the applicant has obtained Technical Deviation approval to build a T Turnaround in lieu of building the cul-de-sac. t was determined that the proposed T Turnaround would perform at the same or higher level than the cul-de-sac specified in the EDCM, and the City Manager approved the applicant s request for Technical Deviation pursuant to conditions on November 8, The conditions of approval for the Technical Deviation require the applicant to provide high visibility signage and truck height warnings exceeding minimum requirements, as well as pedestrian connections enhanced to as great a degree as possible, including high visibility crosswalks and wider sidewalks. These conditions must be fulfilled prior to the issuance of the building permit for the garage. The Approval of Technical Deviation from EDCM Requirements can be found in the backup documents on page 134 of the staff report. A Community Workshop was held on May 30, The Summary of Minutes from the workshop can be found in the backup documents on page 127 of the staff report. The Planning Board held a Public Hearing on December 13, 2017 and recommended that the City Commission approve Street Vacation 17-SV-04 subject to the conditions outlined in the resolution. The recommendation to approve Street Vacation 17-SV-04 with conditions received a unanimous vote. ADDTONAL ADMN RECOMMENDATON: FUNDNG SOURCE: AMOUNT: 2

3 AGENDA REQUEST HOUSNG MPACT (Per House): NEW CONSTRUCTON: REHABLTATON: SUPPORT DEPARTMENTS: $ 0 $ 0 City Auditor and Clerk - Pamela Nadalini City Attorney - Robert Fournier Commission Liaisons - Marlon Brown Development Services - Timothy Litchet City Manager - Thomas Barwin COMMSSON ACTON: Final Action Motion: Motion By: AGENDA DSPOSTON Second By: Vote: 3

4 ORDNANCE NO AN ORDNANCE OF THE CTY OF SARASOTA, FLORDA TO VACATE THAT APPROXMATELY UP TO 350-FOOT LONG PLATTED HAWTHORNE STREET RGHT OF WAY (PLATTED AS HAWTHORNE AVENUE) COMMENCNG AT A PONT APPROXMATELY 139 FEET EASTERLY OF THE EASTERN RGHT OF WAY LNE OF OSPREY AVENUE EASTWARD TO THE TERMNUS OF THE CURRENT HAWTHORNE STREET RGHT OF WAY N A CUL DE SAC N THE SARASOTA MEMORAL HOSPTAL CAMPUS; ALL AS MORE PARTCULARLY DESCRBED HEREN; PROVDNG FOR SEVERABLTY OF THE PARTS HEREOF; PROVDNG FOR READNG BY TTLE ONLY; AND PROVDNG FOR AN EFFECTVE DATE. WHEREAS, Sarasota County Public Hospital Board d/b/a Sarasota Memorial Health Care System, as fee simple owner of the adjacent real property, through its agent, Melanie D. Smith of Stantec Consulting Services, nc., all hereinafter collectively referred to as "Applicant," has petitioned the City Commission of the City of Sarasota by Application No. 17-SV-04 to close and vacate that certain approximately up to 350-foot long 50-foot wide platted Hawthorne Street right of way (platted as Hawthorne Avenue) commencing at a point approximately 139 feet easterly of the eastern right of way line of Osprey Avenue eastward to the terminus of the current Hawthorne Street right of way in a cul de sac in the Sarasota Memorial Hospital campus; and WHEREAS, the Planning Board, acting in its capacity as the Local Planning Agency held a duly noticed public hearing pertaining to Street Vacation Application No. 17-SV-04 on December 13, 2017; and WHEREAS, the Planning Board has considered Street Vacation Application No. 17-SV-04 and has found the requested street vacation to be consistent with the Standards for Review in Section V-1306, Zoning Code (2002); and WHEREAS, the City Commission has held a duly noticed public hearing on the day of, 2018 and received the recommendation of the Planning Board and the written staff analysis, as well as having received additional public testimony and has determined that: Page 1 of 9

5 A. The area of public right-of-way described herein does not offer any specific public benefit as this portion of right of way currently serves Sarasota Memorial Hospital only and will continue to serve Sarasota Memorial Hospital after redevelopment and construction of the West Parking Garage; and B. The rearrangement of streets includes a T turnaround which will allow vehicles that accidentally turn onto Hawthorne Street and are too tall to proceed under the proposed West Parking Garage structure a way to exit back onto Osprey Avenue. The proposed ingress for the West Parking Garage from the portion of right of way proposed to be vacated will provide a harmonious system of vehicular circulation to the West Parking Garage; and C. The area of public right of way described herein is currently improved and will continue to be improved as part of the Sarasota Memorial Hospital West Parking Garage project; and D. The vacation is proposed in conjunction with an application for site plan approval to construct the West Parking Garage; and E. Based upon all of the foregoing, as well as the public testimony, and because of the conditions precedent to the scheduling of this Ordinance for second reading, the City Commission hereby finds that the proposed vacation of the area of public right of way described herein is in the public interest. thus concluding that Street Vacation Application No. 17-SV-04 would serve the public interest. NOW THEREFORE BE T ENACTED BY THE PEOPLE OF THE CTY OF SARASOTA, FLORDA: Section 1. That certain approximately up to 350-foot long and 50-foot wide platted Hawthorne Street right of way (platted as Hawthorne Avenue) commencing at a point approximately 139 feet easterly of the eastern right of way line of Osprey Avenue eastward to the terminus of the current Hawthorne Street right of way in a cul de sec in the Sarasota Memorial Hospital campus, all as depicted in the description and sketch 2 Page 2 of 9

6 attached hereto and incorporated by reference herein as Exhibit A, shall be, and the same is hereby closed, vacated and discontinued. Section 2. The vacation of public right-of-way herein shall be subject to the following conditions precedent: A. As a condition precedent to scheduling the Street Vacation Ordinance for second reading, Applicant, at its sole expense, shall execute and record in the Official Records of Sarasota County a perpetual non-exclusive utility easement to the benefit of Frontier Communications for the existing telephone facilities. The easement area shall be the entire portion of Hawthorne Street right of way proposed for vacation and described on Exhibit A. B. As a condition precedent to scheduling the Street Vacation Ordinance for second reading, Applicant, at its sole expense, shall execute and record in the Official Records of Sarasota County a perpetual non-exclusive utility easement to the benefit of Florida Power and Light for the existing electrical facilities. The easement area shall be the entire portion of Hawthorne Street right of way proposed for vacation and described on Exhibit A. C. As a condition precedent to scheduling the Street Vacation Ordinance for second reading, Applicant, at its sole expense, shall execute and record in the Official Records of Sarasota County a perpetual non-exclusive utility easement to the benefit of TECO/People's Gas for the existing gas facilities. The easement area shall be the entire portion of Hawthorne Street right of way proposed for vacation and described on Exhibit A. D. As a condition precedent to scheduling the Street Vacation Ordinance for second reading, Applicant, at its sole expense, shall execute and record in the Official Records of Sarasota County a perpetual non-exclusive utility easement to the benefit of Comcast Cable Communications for the existing cable facilities. The easement area shall be the entire portion of Hawthorne Street right of way proposed for vacation and described on Exhibit A. E. Pursuant to Section , Florida Statutes, the issuance of a 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 3 Page 3 of 9

7 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. The development approvals granted herein are subject to the condition that all other applicable state and federal permits be obtained before commencement of the development Section 3. Upon passage of this Ordinance on second reading and recording of this Ordinance in the Official Records of Sarasota County, that certain area of public alley right-of-way described in Section 1, above, and Exhibit A, shall be closed, vacated and discontinued. The effective date of the vacation of the area of public rightof-way described in Section 1, above, shall be the date of second reading of this Ordinance No Section 4. Should any section, sentence, clause, part or provision of this Ordinance be declared invalid or unenforceable, by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole, or any part hereof other than the part declared to be invalid. Said provision declared to be invalid shall be deemed severed from the remaining provisions of this Ordinance. such conflict. Section 5. Ordinances in conflict herewith are hereby repealed to the extent of Section 6. This Ordinance shall take effect immediately upon second reading. PASSED 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 V, Section 2, Charter of the City of Sarasota, Florida this day of, PASSED on second reading and finally adopted this day of Page 4 of 9

8 ATTEST: Shelli Freeland Eddie, Mayor Pamela M. Nadalini, MBA, BBA, CMC City Auditor and Clerk/Chief Audit Exec. Mayor Shelli Freeland Eddie Vice Mayor Liz Alpert Commissioner Jen Ahearn-Koch Commissioner Hagen Brody Commissioner Willie Charles Shaw Tammy/ordinances/2018/ SMH-vacation(12114/17) 5 Page 5 of 9

9 ii, WALDEMERE-STREir '>=" ~ J O H---!== :1 ONE STORY Lui - S: CONCRETE McKEEHAN SUBDVSON ~ ~ 3 BLOCK PLAT BOOK 1, PAGE 219 ~1,,LJ ~ i 4 ~; 0:: 5 Lu 1 o5 ~ SCALE: 1 "=80' O' 40' BO' 160' i:::._js~tr~u~ct~ur~e~--...u=:,:.. J_--l J.-~;-;b =::::.4====~~==J ~ ~ ,:,:u:9; ONE STORY BRCK ,4"B" 2 SOUTHWEST CORNER OF LOT 8 SOUTH LNE OF NORTHWEST HAWTHORNE STREET CORNER OF LOT 7 McKEEHAN SUBD VSON PLAT BOOK 1, PAGE 219 l 15 B LO K " " RADUS,=50.00' ARC=,75.54' DELTA=~6"33'36" CHORD=68.56' ONE STORY TRANSFORMER AND BRCK SWTCH BULDNG STRUCTURE 3 ONE STORY CONCRETE BLOCK ~F"""'=o STRU TURE L---' L _J 0 STORY CONCRETE BLOCK S UCTURE ARLNGTON STREET (55' WDE PUBLC RGHT-OF-WAY) This is NOT a Survey and Not valid without all sheets. FOR: SARASOTA MEMORAL HOSPTAL SOARD Apr 25, :00:45 EDMEJA!V:\2156\octive\ \survey\drowing\sketoh\ v-spsk01.dwg SKETCH & DESCRPTON OF A PORTON OF HAWTHORNE STREET TO BE VACATED, LOCATED N SECTON 30, TOWNSHP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORDA TASK CODE: 210 DRAWN BY: CHKED BY; CAD FLE: PROJECT NO: EDM RWC v-spsk SHEET 1 OF 2 EXH~BT A DRAWNG NDEX NO: v-spsk Page 6 of 9 REV:

10 Description (as prepared by the signing Surveyor and Mapper): A tract of land located in Section 30, Township 36 South, Range 18 East, Sarasota County, Florida and described as follows: BEGN at the northwest corner of Lot 7, Block "A" as shown on a Subdivision of the Northwest 1 / 4 of the Southeast 1 / 4 of Southeast 1 / 4 of Section 30, Township 36 South, Range 18 East, known as McKEEHAN SUBDVSON, recorded in Plot Book 1, Page 219 of the Public Records of Sarasota County, Florida; thence EAST along the south line of Hawthorne Street, a distance of feet to the northwest corner of Lot 19, Block "A" of said McKEEHAN SUBDVSON, also being a point on the westerly line of a portion of Hawthorne Street, which was previously vacated; the following 2 calls are along said westerly line; thence NORTH, a distance of 3.0 feet; thence northeasterly along a curve concave to the northwest, the center of said circle being located on the lot line between Lots 18 and 20, Block "B" of said McKEEHAN SUBDVSON, at a point 3.0 feet north of the southerly common corner of said Lots 18 and 20, a distance of 75.54' (Radius = 50.0 feet, central angle = 86'33' 36", chord = feet) to a point on the north line of the aforementioned Hawthorne Street, said point lying 0.09 feet westerly of the southeast corner of Lot 20, Block "B" of said McKEEHAN SUBDVSON; thence WEST along said north line of Hawthorne Street, a distance of feet to the southwest corner of Lot 8, Block "B" of said McKEEHAN SUBDVSON; thence SOUTH, a distance of 50.0 feet to the Point of Beginning. Also, a portion of Hawthorne Street recorded in Official Records Book 1493, Page 1794 of the Public Records of Sarasota County, Florida; that part of Lots 18 and 20 lying within 50.0 feet of the center of a feet diameter circular tract of land, the center of said circle being located on the lot line between Lots 18 and 20, at a point 3.0 feet north of the southerly common corner of said Lots 18 and 20, all lying and being in Block "B", Subdivision of the Northwest 1/4 of the Southeast 1/4 of Southeast 1/4 of Section 30, Township 36 South, Range 18 East, known as McKEEHAN SUBDVSON, recorded in Plot Book 1, Page 219, Public Records of Sarasota County, Florida. NOTES: 1. Bea rings shown hereon are relative to the South line of Hawthorne Street having a bearing of East. 2. This is a sketch only and does not represent a field survey. 3. Unless it bears the signature and the original raised seal of a Florida Surveyor and Mapper, this Sketch, Drawing, Plat or Map is for informational purposes only. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning O.R. = Official Records Book Robert R. Coleman, P.S.M. Florida Registration No Date of Signature This is NOT a Survey and Not valid without all sheets. FOR: SARASOTA MEMORAL HOSPTAL BOARD Apr 25, :00:45 EDMEJAV:\2156\active\215613B47\survey\drowing\sketch\215613B47v-spsk01.dwg SKETCH & DESCRPTON OF A PORTON OF HAWTHORNE STREET TO BE VACATED, LOCATED N SECTON 30, TOWNSHP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORDA TASK CODE: 210 ' DRAWN BY: CHKED BY: CAD FLE: PROJECT NO: EDM RWC v-spsk EX~!8~T A () 6900P~~~~y!?~!.f!: Phone , F x Certifica:le- of Authl;!Watlon #27013 v.v.w.stanteo..oom UcenS d 8usines5 Numil-~r 71.l66 DRAWNG NDEX NO: OF 2! v-spsk01 Page 7 of 9

11 From: To: Cc: Subject: Date: Attachments: Mike Connolly BALEY, DAN Dan Greenberg; Wachob, Bennett; Shanahan, Daniel J.; Corbitt, Crystal L.; Collings, Daniel; Weston, Lee; Karen McGowan; Egloff, Maggie L. Re: Sarasota Memorial/Vacation of Hawthorne/Utility Easements Friday, March 16, :14:11 AM image png Dan Greenberg, have received the four original fully executed utility easements. The conditions precedent to second reading of the street vacation ordinance have been met. Please submit the e-agenda request for second reading of Ordinance (street vacation) and Ordinance (rezoning) for April 16, Second reading of each ordinance can be scheduled under consent agenda number 2. Please let me know if you need anything else from me. Dan Bailey, will hold the four original utility easements until you get the TECO easement which includes the TECO signature. Please provide that to me as soon as it is available. Thereafter, will record the four easements in the official records. Thanks to all. Mike From: BALEY, DAN Sent: Friday, March 16, :07 AM To: Mike Connolly Cc: Dan Greenberg; Wachob, Bennett; Shanahan, Daniel J.; Corbitt, Crystal L.; Collings, Daniel; Weston, Lee; Karen McGowan; Egloff, Maggie L. Subject: Sarasota Memorial/Vacation of Hawthorne/Utility Easements Mike, Per our discussion, attached is my cover letter enclosing easements for the utility companies which have facilities within the segment of Hawthorne that Sarasota Memorial is vacating. The originals will be delivered to your office within the next 30 minutes. We are asking that staff please schedule Ordinance Nos and for second reading on April 16, Thanks so much. Page 8 of 9

12 NOTCE OF PUBLC HEARNG APPLCATON NO. 17-SV-04 Notice is hereby given that the CTY COMMSSON of the City of Sarasota, Florida will meet on Tuesday, January 16, 2018 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 City Commission will open the scheduled Public Hearings in the order they appear on the Agenda. The following Ordinance will be considered for approval at the above scheduled meeting: ORDNANCE NO AN ORDNANCE OF THE CTY OF SARASOTA, FLORDA TO VACATE THAT APPROXMATELY UP TO 350-FOOT LONG PLATTED HAWTHORNE STREET RGHT OF WAY (PLATTED AS HAWTHORNE AVENUE) COMMENCNG AT A PONT APPROXMATELY 139 FEET EASTERLY OF THE EASTERN RGHT OF WAY LNE OF OSPREY AVENUE EASTWARD TO THE TERMNUS OF THE CURRENT HAWTHORNE STREET RGHT OF WAY N A CUL DE SAC N THE SARASOTA MEMORAL HOSPTAL CAMPUS; ALL AS MORE PARTCULARLY DESCRBED HEREN; PROVDNG FOR SEVERABLTY OF THE PARTS HEREOF; PROVDNG FOR READNG BY TTLE ONLY; AND PROVDNG FOR AN EFFECTVE DATE. Said proposed application is on file in the Department of Development Services and the Office of the City Auditor and Clerk at City Hall at the above address for public inspection from 8:00 a.m. to 5:00 p.m., Monday through Friday and is available on the city s website at by clicking on Public Records Access under City Services. This is a public hearing; therefore, all interested persons will be entitled to personally testify at the hearing or to submit documents or letters. f 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. n 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 nduction Loop for enhanced hearing assistance. CTY OF SARASOTA By: Pamela M. Nadalini, BBA, MBA, CMC City Auditor and Clerk/Chief Audit Executive Legal Date: December 29, 2017 Page 9 of 9