Planning board adjustment for Hyatt redevelopment upheld

For nearly three hours at the end of a marathon City Commission on Monday, much of the argument over whether the Planning Board properly approved an adjustment to a driveway at the proposed 1000 Boulevard of the Arts project focused on anything but the core issue.

It was, though, the first time commissioners got an official look at developer Kolter Urban’s plans for the redevelopment of the Hyatt Regency site, which shares property lines with The Quay to the west and south. 

The partnership of Property Markets Group of Miami and MoneyShow of Sarasota — collectively Quay 1 and 9 — appealed the Dec. 20 Planning Board adjustment to allow a departure from the city’s zoning code regarding the curb cut to allow 33 feet in width, 9 feet wider than permitted. Kolter plans to use the driveway for two towers it plans to build on the site, currently on record as 224 condominiums and 166 hotel rooms. 

With little discussion, once the lengthy quasi-judicial hearing was closed, commissioners affirmed the Planning Board decision by a 4-1 vote with Jen Ahearn-Koch opposed.

The appeal was specifically about the width of the driveway, which Quay 1 and 9 argued would pose a hazard to pedestrians besides being 37% wider than permitted. It brought into the argument multiple other matters, including the administrative approval of:

• Curb cuts that violate provisions of the Comprehensive Plan and the Engineering Design Criteria Manual pertaining to and promoting the existence and maintenance of pedestrian walkways and bicycle lanes in the downtown area.
• Interference with both Quay 1 and 9 and the public’s pedestrian experience and access to the Multi-Use Recreational Trail and to the bay, including vistas of the water. 
• Claims the Kolter’s commissioned traffic study was outdated and inaccurate.

To the latter, Quay 1 and 9 attorney Tyler Stall attempted to enter into the record a traffic study it commissioned. However, it came in past the deadline of 10 days before the hearing to be considered per city code. Before beginning his presentation, Stall countered his firm prepared the study as quickly as possible after his clients learned of the hearing's earlier date.

To that, Kolter attorney Brenda Patten accused Quay 1 and 9 of gamesmanship, and including the report in the hearing would violate her client’s due process. City Attorney Emeritus Robert Fournier advised the commissioners they would include the study at their discretion.

Photo by Andrew Warfield

“It was dated March 11, and it was filed after the 10-day deadline,” Patten said. “In fact, it's not even in your agenda package because it was filed too late. We found it just last Friday afternoon searching the city's records, otherwise we would not have found it.”

Mohsen Salehi of Fort Myers, who prepared the study, was permitted to address the commission, providing both city staff and Kolter Urban had opportunity to rebut. 

“One of the items that jumped at me was the old data that was used from Feb. 1, 2024,” Salehi said. “I don't see any reason why much more up-to-date data collection wouldn't have been possible for the developer.” Kolter Urban’s report was also incomplete, he said, because it did not factor other uses such as trip generations generated by projects currently underway in The Quay nor by planned restaurants and the hotel ballroom.

Both city staff and Patten rejected Salehi’s findings; Assistant City Engineer Alyssa Thomas told commissioners that the city selected, managed, and paid a firm to conduct Kolter Urban’s study, ensuring impartiality for the developer. She further said Salehi does not have a professional engineer license in Florida, and as such would deem invalid.

“(Kolter Urban’s) traffic study was performed by somebody who ranked in the top of our recent ranking that we have with our consultants,” Thomas said. “The comments made earlier here (by Salehi), I didn't see it refuted by a licensed PE. I didn't see any license-stamped documents.”

A number of comments made by affected parties and the general public focused on concerns about additional traffic the 1000 Boulevard of the Arts project would generate. The dead end Boulevard of the Arts west of U.S. Highway 41, they pointed out, already serves more than 700 residences and abuts The Bay park, and that frequently snarls traffic. This is before the future completion of One Park and the second Ritz-Carlton Residences towers in The Quay. 

They were also concerned about the U-turn movement required for much of the traffic accessing the relocated driveway. That turn is where a turn movement exists for the current Hyatt driveway. Patten pointed out, though, that the U-turn location is farther east on Boulevard of the Arts — where the current left turn occurs — and is not at the end of the road as some mistakenly believed.

Representatives from Patten and Kolter, backed by commissioners, expect further review of most issues, and objections from Quay 1 and 9, during the site plan approval process; city-mandated alterations are possible, but not guaranteed. 

Although the site plan requires only administrative approval, the challenge from Quay 1 and 9 may not be over as it is considering appeal of the site plan as currently designed.

Said Property Markets Group CEO and President Kevin Maloney, ““We are certainly aware that appealing the site plan is an option and we are looking into it.”

Other city commission actions

During its March 17 meeting that began at 9 a.m. and went well into the evening, the City Commission did more than discuss the 1000 Boulevard of the Arts matter. In other business, the commission via consent agenda:

• Authorized the release and termination of a city utility easement located within a public right-of-way to facilitate the construction Sarasota Station. The city no longer requires a utility easement over the alley for its existing utility facilities to remain. 

The designation as a public right of way is sufficient to protect the city's rights within the alley 

The plan for Sarasota Station is to include 67 market-rate townhomes and 202 affordable and workforce-priced apartments,

• Amended the budget for the current fiscal year to establish a revenue and expenditure line in the amount of $125,110 within the Special Revenue Grant Fund for a United States Department of Energy grant for micromobility hubs. The project consists of implementing five micromobility hubs located throughout the city. The grant does not require a local match.
• Amended the budget for the current fiscal year in the amount of $63 million within the Water and Sewer State Revolving Fund for funds received from the State Revolving Fund Loan Program for the U.S. Highway 41 Water Main Replacement Project and the Water Treatment Plant Water Quality Improvements Project Strategic Plan.

In August 2024 the state, through the State Revolving Fund loan program, awarded the city $113 million in low-interest loans for four projects. The budget amendment requests funding to be allocated the U.S. 41 Water Main Replacement Project for $29 million and the Water Treatment Plant Water Quality Improvements Project Phase 2A for $34 million.

• Amended the current fiscal year budget for the amount of $200,000.00 within the Special Revenue Grant Fund for the Florida Department of Environmental Protection Local Trail Management Grant for the Multimodal Trail Network Expansion Project. 

On Jan. 28, 2025, the city manager signed a standard grant agreement between the city of Sarasota and FDEP for the Local Trail Management Grant-Ringling Trail Project in the amount of $400,000. The project consists of widening the trench drains to allow for more water flow access to the drainage system so that the trail is clear and safe for users. The grant requires a match of $200,000. This match of $200,000 is currently funded through multimodal transportation impact fees. 

• Authorized an agreement between the city and Metro Equipment Service Inc. for North Tamiami Trail water main replacement services in the amount of $29 million. 

The Utilities Department is replacing the existing 8-inch asbestos cement water main along U.S. 41. The project will require permits and close coordination from the Florida Department of Transportation, Florida Department of Environmental Protection, Florida Department of Health and the U.S. Army Corps of Engineers. The project also includes decommissioning and abandonment of an aging redundant force main from 17th Street to Lift Station No. 10 located just northeast of the Whitaker Bayou Bridge; the abandonment of an aging 24-inch cast iron reclaimed line along from 18th Street to Whitaker Bayou; horizontal directional drilling under Whitaker Bayou and bridge; replacement of 20 fire hydrants; new water service connections; and new meter boxes. 

A low interest State Revolving Fund loan from the Florida Department of Environmental Protection will fund the project. Construction will start in summer 2025 and the estimated completion in winter 2028.

• Authorized execution of an agreement between the city and Archer Western Construction for Water Quality Improvements Phase 2A in the amount of $23.7 million at the 12 million-gallon per day water treatment plant at 1850 12th St. 

A low interest State Revolving Fund loan from the Florida Department of Environmental Protection will fund the project. Construction will begin in summer 2025 and estimated completion in the summer 2027.