FEBRUARY The Board of County Commissioners, Manatee County, Florida, met in

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1 FEBRUARY The Board of County Commissioners, Manatee County, Florida, met in SPECIAL SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, February 5, 1991, at 6:01 p.m. Present were Commissioners: Kathy A. Snell, First Vice-chairman Kent G. Chetlain, Second Vice-chairman Maxine M. Hooper Edward W. Chance Joe McClash Lari Ann Harris, Third Vice-chairman, entered during the meeting Absent was Commissioner: Patricia M. Glass, Chairman Also present were: Mark Barnebey, Assistant County Attorney Richard H. Ashley, Chief Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representatives of the various news media were present. Devotional in memory of Thomas Glass was given by H. Hamilton Rice, Jr. The meeting was called to order by Vice-chairman Snell. All witnesses/staff giving testimony were duly sworn. ORDINANCE 91-23: LAND DEVELOPMENT CODE AMENDMENTS Public hearing (Notice in The Bradenton Herald 1/28/91) was held to consider ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING AND REVISING CERTAIN PROVISIONS OF THE TEXT OF ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE, AND MANATEE COUNTY ORDINANCE 89-10; WHICH PROVIDES FOR THE FOLLOWING: AMENDS THE FLOODPLAIN MANAGEMENT PERMIT, VARIANCE AND APPEALS PROVISIONS OF ORDINANCE 89-10; ADDS CERTAIN DEFINITIONS; MODIFIES REDUCTIONS IN PREVIOUSLY IMPOSED FINES BY THE CODE ENFORCEMENT BOARD; AMENDS THE DUTIES AND POWERS OF THE HISTORIC PRESERVATION BOARD; CREATES AND PROVIDES FOR A HOUSING DESIGN DEVELOPMENT REVIEW COMMITTEE; AMENDS REGULATIONS FOR SPECIAL PERMITS; AMENDS THE EXPIRATION AND EXTENSION PROVISIONS FOR SITE PLANS AND DEVELOPMENT PLANS; LIMITS TYPES OF VARIANCES THAT CAN BE REQUESTED; EXPANDS ON SITE PLAN STANDARDS AND REQUIREMENTS; CLARIFIES AND MODIFIES CONCURRENCY MANAGEMENT PROVISIONS; REVISES THE CONTENTS OF CERTIFICATES OF OCCUPANCY; AMENDS SPECIAL AND ADMINISTRATIVE PERMIT REQUIREMENTS FOR ZONING DISTRICTS; CORRECTS THE SCHEDULE OF AREA, HEIGHT, BULK AND PLACEMENT REGULATIONS; CLARIFIES RESIDENTIAL SINGLE-FAMILY MANUFACTURED HOME YARD REGULATIONS; CORRECTS COMMERCIAL RECREATIONAL VEHICLE PARK RESIDENTIAL DISTRICT YARD DIMENSIONAL REGULATIONS; AMENDS THE SPECIAL APPROVAL PROCESS AS REQUIRED BY THE MANATEE COUNTY COMPREHENSIVE PLAN; MODIFIES PLANNED DEVELOPMENT REQUIREMENTS; CLARIFIES AND AMENDS THE COASTAL HIGH HAZARD, IMPACT AND THE HISTORICAL AND ARCHAEOLOGICAL OVERLAY DISTRICTS; CLARIFIES THE WAIVER FOR REDEVELOPMENT OF EXISTING STRUCTURES IN THE AIRPORT IMPACT OVERLAY DISTRICT; AMENDS AND CLARIFIES THE BULK AND DIMENSIONAL REGULATIONS, ACCESSORY AND CONDITIONAL USE CRITERIA; MAKES PROVISIONS FOR SIDE YARD REDUCTIONS ON SMALL LOTS OF RECORD; PROVIDES FOR NON- RESIDENTIAL SCREENED OUTDOOR STORAGE IN CERTAIN ZONING DISTRICTS; PROVIDES FOR CERTAIN TEMPORARY USES SUCH AS TEMPORARY FARMERS MARKET BY NON-PROFIT ORGANIZATIONS,?1

2 ?2 TEMPORARY AGRICULTURAL STANDS AND SPECIAL EVENTS IN THE RIGHT-OF-WAY; PROVIDES FOR SECURITY/CARETAKER RESIDENCE; ADDS CONDITIONAL USE CRITERIA FOR: CONSTRUCTION IN THE 25 YEAR FLOODPLAIN, MANUFACTURED HOME IN ADDITION TO A PRINCIPAL RESIDENCE, BOAT MOTOR REPAIR, MOTOR VEHICLE SALES, RENTAL, LEASING, AND MULTI-FAMILY DWELLINGS IN THE PR DISTRICT; MODIFIES REQUIREMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES; REVISES OFF-STREET PARKING AND LOADING STANDARDS; PROVIDES CHANGES TO LANDSCAPE AND SCREENING STANDARDS; ALTERS FLOODPLAIN MANAGEMENT REGULATIONS RELATING TO PERMIT REQUIREMENTS, HAZARDOUS MATERIALS, COASTAL HIGH HAZARD AREAS (V ZONE), FLOODWAY STANDARDS, AND DEVELOPMENT OVER FIFTY LOTS OR FIVE ACRES; RESTRUCTURES AND AMENDS WETLAND PROTECTION; AMENDS REQUIREMENTS FOR THE INSTALLATION OF REQUIRED IMPROVEMENTS; AMENDS SIGN REGULATIONS; ADDS HANDICAP PARKING SPACE REQUIREMENTS; AMENDS SOLID WASTE PROVISIONS; INCORPORATES FIRE PROTECTION ACCESS REQUIREMENTS; AMENDS EARTHMOVING REGULATIONS; MODIFIES WATERFRONT STRUCTURE REGULATIONS; AMENDS THE REVIEW PROCEDURES FOR SUBDIVISIONS; AMENDS ENFORCEMENT VIOLATIONS ANP PENALTIES; AMENDS THE PROCEDURES RELATED TO HEARING MASTER HEARINGS; MODIFIES THE PROVISIONS RELATING TO MANUFACTURED HOMES AND RECREATIONAL PARKS AND SUBDIVISIONS; PROVIDES FOR SEVERABILITY; AND PROVIDES FOR AN EFFECTIVE DATE. (Enter Mrs. Harris) Karen Jackson-Sims, Planning and Zoning Director, advised this is the first of two hearings to be held on the amendments to the Land Development Code (LDC), Ordinance Joaquin Servia, Planning and Zoning, stated the amendments were as recommended by the Planning Commission. He gave an overview of the proposed amendments. Recreational Vehicle Restriction Overlay District (604.8) Mr. Servia stated the present LDC removed the RVR overlay district in five areas: Palmetto Skyway Replat, Highland Shores, San Remo Shores, Coral Shores and Tangelo Park Subdivisions. He submitted proposed Section addressing restricted vehicles. Mrs. Harris stated that Tangelo Park residents requested reinstatement of the overlay district. She submitted correspondence and a list of addresses with the length of time the owner has resided there. Mr. Servia advised that a zoning atlas amendment would be necessary for the district to be created. Tom Fitzpatrick opposed the proposed language because he owns a recreational vehicle and it takes three days to load or unload his vehicle. Under the language, the vehicle could not remain for that amount of time. Jesse Dixon opposed the proposed language because he owns a commercial vehicle. He was advised that his vehicle would be legal should the language be adopted. Craig Flynt opposed the language inasmuch as he owns a boat. Jerry Sadlowski opposed the language due to boat restrictions. Kristin Renee Herman addressed the time necessary to load and unload restricted vehicles. Fred Zoener addressed the history of the overlay district. Motion was made by Mr. McClash, seconded by Mr. Chetlain and carried 6 to 0, to allow Mr. Zoener an additional minute.

3 Mark Spencer addressed the previous overlay district regarding motor vehicles and visitor parking. Floyd Ertman stated he was not opposed to commercial vehicles in the area. Helen dark spoke in favor of the overlay district. Motion was made by Mr. McClash, seconded by Mr. Chetlain and carried 5 to 0, to allow Mrs. dark an additional minute. (Enter Mr. Chance) Frances Zoener spoke regarding commercial vehicles in the area when the overlay district was in effect. Alan Prather, representing the Tangelo Park Homeowners^ Association, requested language similar to LDC Section (Whitfield Overlay District) regarding restricted vehicles. He requested the text amendment allow for an overlay district, and a zoning atlas amendment at a later date. Harriett Russell spoke in favor of the overlay district. Mrs. Harris submitted correspondence and petitions from the Tangelo Park Homeowners^ Association. A copy of the petition from the Planning Commission meeting (1/16/91) was entered into the record. Disposition: Staff to review proposed language for a text amendment. Recess/Reconvene. All members present except Mrs. Glass. Wetlands Protection (719) Karen Collins, Environmental Services Coordinator, submitted/reviewed revised language to Section 719, Wetlands Protection, based upon comments made at a worksession (2/4/91). Staff was directed to review the language and the consistency with the Comprehensive Plan. Caleb Grimes, representing Schroeder Manatee, requested review of Section and Patricia Petruff, representing various clients, discussed Section She agreed to discuss the matter with Ms. Collins. Americus Woodward requested the County develop a mangrove ordinance. Disposition: Ms. Collins to review language. (Enter Mr. Chance) Manufactured Homes ( ) Mr. Servia submitted additional language allowing manufactured homes to be granted an administrative permit if placed 850 to 999 feet from an existing single-family home, provided there are sufficient buffers. James Daniel, representing 4 Star Tomato, Inc., requested the proposed language allow for a 1,000 foot buffer from a home on another parcel. Regarding wetlands protection, Mr. Daniel suggested Code Enforcement officers report violations to the Southwest Florida Water Management District. Discussion: Definition of manufactured home; additional residences on A-l; allow to cut out one acre parcels without resubdivision, etc. Disposition: Bring back additional language. Portable Agricultural Stands (704.41) Mr. Servia submitted new Section , Portable Agricultural Stands. 483

4 484 Mr. Grimes suggested allowing access other than 200 feet from the intersection, inasmuch as the stand may not be located at the point of access. Disposition: Additional language to be reviewed. Agricultural Uses Mr. Chance stated there is a family in Parrish that custom wraps meat for people who slaughter their own livestock. He advised the special permit expired and there is not a category to cover this use in the new LDC. Disposition: Staff to review language. Mini-warehouses ( ) Jack Gay, representing Mary Jo Fornof, stated he has listed a parcel of property for sale in a GC district. The potential buyer was planning to construct mini-warehouses; however, since the site is within 500 feet from a church, mini-warehouses are prohibited under the LDC (due to possible storage of hazardous materials). He requested this be deleted. Laurie Suess, Planning and Zoning, stated that standards for mini- warehouses were changed to administrative permits. Disposition: Bring back additional language. Zoning Atlas Amendment - Parkwood Professional Center David Walker, representing Parkwood Professional Center, requested a zoning atlas amendment. Disposition: Not part of this proceeding, but staff to meet with Mr. Walker. Driveway Permits ^997 Strauss addressed driveway permits on non-county maintained roads. She stated her permit would cost $6,340. Ms. Sims stated the funds were to be set aside to pave the road by a participation project. Alternative language had been provided by Ed McAdam, Public Works, to allow the owners to sign an affidavit that they would participate at time of paving. Disposition: Bring back language for non-county maintained roads and review fees. Parking Regulations James Day, representing University Commons, questioned if a parking study would be allowed showing a shared parking lot for operations with different hours of operation. Ms. Sims stated a special study would be allowed. Watershed Protection Overlay District ( and ) Patricia Petruff, representing IMC Fertilizer, stated there are two paragraphs which are contradictory in the Watershed Protection Overlay District, one regarding rebuttable presumption against mining and extraction in industrial uses in the watersheds and one with prohibitions against activities in the watersheds. Disposition: Staff to review. Extraction District Ms. Petruff stated one section requires a master mining plan for phosphate mining in accordance with Ordinance and the remainder of the section requires a general development plan. She requested clarification of requirement regarding rezoning to an extraction district. Disposition: Staff to review. Industrial Park Subdivisions (Definition of Resubdivision) Ms. Petruff, representing Manasota Industrial Park, addressed combining lots in an industrial subdivision as it relates to the proposed definition of resubdivision.

5 FEBRUARY (cont'd) Mr. Servia stated the reconfiguration of lots would involve established easements. Mr. McAdam stated the definition excludes combining of lots. Disposition: Staff to meet with Ms. Petruff. Phasing of Lots (508) Mr. Grimes stated he would like to meet with staff regarding phasing lots. Disposition: Mr. Grimes to meet with staff. Mark Barnebey, Assistant County Attorney, stated the second public hearing is scheduled for February 19, 1991, at 6:00 p.m. MEETING ADJOURNED There being no further business, the meeting was adjourned. Attest: APPROVED: ^^<A^ T fr- Adj : --S'. ^0 p. m. ^ -^ -^gr^,^ ^: /f " ' Chairman M^I<)I 465