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

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1 APRIL The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Thursday, April 26, 1990, at 9:10 a.m. Present were Commissioners: Patricia M. Glass, Chairman Kathy A. Snell, Vice-chairman Maxine M. Hooper, Chairman Pro Tern Edward W. Chance Kent G. Chetlain Also present were: Mark Barnebey, Assistant County Attorney Susan G. French, Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representatives of the various news media were present. Invocation by Edward W. Chance. The meeting was called to order by Chairman Glass. All witnesses/staff giving testimony were duly sworn. ZONING Public hearing (Notice in The Bradenton Herald 4/6/90) was held to consider 8P ONECO PROPERTIES. LTD. (APPROVED) Request: Special Permit to expand a 48-seat restaurant to an 82-seat restaurant with a 2-COP license to serve beer and wine on acres located on the northeast corner of the intersection of 53rd Avenue east and 33rd Street East (Unit 24). Planning Commission recommended APPROVAL with Stipulation: 1. Prior to issuance of a Certificate of Occupancy, the applicant shall show that the dumpster serving this site shall be equipped with a curbed and elevated pad with a connection to the central sewer system through a grease trap with a grit interceptor and a hose bib with an approved backflow prevention device. RECORD S Z LYLE AND PAULINE WATKIN8 - A-l (APPROVED) Request; Rezone from A to A-l on 10 acres located at 4805 Fort Hamer Road, Parrish. Planning Commission recommended ADOPTION. Public hearing (Notice in The Bradenton Herald 4/6/90) was held to consider Z AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE NO. 81-4, THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM A TO A-l? PROVIDING AN EFFECTIVE DATE. RECORD S Public hearing (Notice in The Bradenton Herald 4/6/90) was opened to consider F8P BETHANY BAPTIST CHURCH (CONTINUED) Request: Special approval of a square foot addition to an existing church to be used for classroom space on 8 acres located at the southeast corner of the intersection of State Road 64 and Bethany Road..595

2 .596 APRIL (Cont'd) Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department, and approve Special Permit No. SP including the Preliminary Site Plan and subject to Stipulation 1 as recommended by the Planning Commission; and Based upon the staff report, evidence presented and comments made at the public hearing and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Comprehensive Zoning and Land Development Code, adopt Manatee County Ordinance No. Z-90-01, as recommended by the Planning Commission; and Continue FSP to the May 8, 1990, Board of County Commissioners meeting to be heard at 10:00 a.m. or as soon thereafter as may be heard. Motion was seconded by Ms. Snell and carried unanimously. PDR-80-02(F) TARA MANOR, PHASE I-B SOUTH - F/DEV PLAN (APPROVED) Request: Approval of a Final Development Plan for 56 units at a density of 9.66 du/acre on 5.8 acres located on the south side of Stone River Road, 400 feet west of the intersection of Stone River Road and Tara Boulevard. If approved, staff recommended Stipulations: 1. Two more replacement trees shall be planted along Stone River Road prior to issuance of a Certificate of Occupancy and in addition to those depicted on the final site plan to correct a miscount of the number of trees removed. 2. The entrance signs depicted shall be no more than a total of thirty-two square feet for both signs as figured separately for each entrance. 3. The southernmost building on this site shall be setback no less than twenty-five feet from the ordinary high water line of the adjacent retention pond. 4. No less than five of the covered parking spaces shall meet or exceed LDC requirements for handicap parking. 5. The pool shall be properly fenced per Manatee County Code requirements. RECORD S PDR-85-09(F) WE8TBURY COURT - F/DEV PLAN (APPROVED) Request: Approval of a Final Development Plan to allow 34 one-family semi-detached dwelling units at a density of 5.3 du/acres on 6.43 acres located on the north side of 55th Avenue West and east of 19th Street West (extended). If approved, staff recommended Stipulation: 1. The Westbury Court subdivision developer, its heirs, assigns, or transferees is hereby notified that an impact fee/site development ordinance for school purposes, when adopted by the School Board of Manatee County or the County Commission, may require the payment of such impact fees for this development. RECORD S Based upon the staff report and evidence presented, and finding the requests to be consistent with the Manatee County Comprehensive Plan and the Manatee County Comprehensive Zoning and Land Development Code, Ms. Snell moved to approve Final Development Plan No. PDR-80-02(F) subject to Stipulations l, 2, 3, 4 and 5; and Final Planned Development No. PDR-85-09(F) subject to Stipulation 1. Motion was seconded by Mrs. Hooper and carried unanimously. CLERK'S CONSENT CALENDAR Upon motion by Mr. Chance, second by Mr. Chetlain, the Clerks Consent Calendar for April 26, 1990, was unanimously approved. BILLS FOR PAYMENT McFarlain, Sternstein et al - Legislative Liaison Svcs $ 2, Hogg, Alien, Norton et al - General Representation 16,591.25

3 Carl-ton, Fields, Ward et al - MC v. Hobbs v. Frizzell 2, Carl-ton, Fields, Ward et al - MC v. Hobbs v. Frizzell 17, Camp Dresser & McKee - WA 87/5, Amend #1, 1989 Water/Sewer Revenue Bonds Camp Dresser & McKee - WA 87/5, Amend #2, 1989 Solid Waste Revenue Refunding Bond 3, Camp Dresser & McKee - SW Reg WWTP, Effluent Storage Ponds/Wetlands Enhance 8, Metcalf & Eddy Inc. - Inv #1, Elwood Pump Station 6, Huntington Group Architects Inc. - 4th Floor, Admin Ctr 1, " " " " - Profess Svcs thru 1/90 1, Cerberus Technologies - Consul Svcs, Public Safety Complex fire alarm system/surveillance John C. VanBerkel - Employment Candidate Traveling Expenses Gulf Constructors - Req #3, SW Subreg WWTF, Deepwell Effi Injec Pumping Station 274, REFUNDS Irene Park - Animal Cage Bill Opitz - Animal Cage C.W. Payne - Animal Cage Lyie Fisk - Ambulance Overpayment Margaret Dillon - Ambulance Overpayment Marie Tenace - Ambulance Overpayment Allan T. Buford - Ambulance Overpayment Albert Knox - Ambulance Overpayment Kenneth Higgins - Ambulance Overpayment Sue Mory - Ambulance Overpayment 9.00 Mary Hillard - Ambulance Overpayment Arthur Brown - Ambulance Overpayment Margaret M. Wissinger - Ambulance Overpayment James Holt - Ambulance Overpayment Debbie Newton - Ambulance Overpayment Curtis Ruscoe - Ambulance Overpayment Norma Wiese - Ambulance Overpayment Sue T. Bigger - Ambulance Overpayment D.L. Porter Constr - Utility Fireline Installation 2, Raymond Hicks (Leisure Lk) - Unnecessary Impact Fee Charge Venture Construction Co. - Final Site Plan Overcharge Clyde & Mary Goebel - Rezone Application Overcharge WARRANT LIST Approves April 17, 1990 to April 25, 1990 Authorize: April 26, 1990 to April 30, 1990 RESCIND Project Generated Income Agreements with Department of Community Affairs for Apprehension & Investigation (executed 4/10/90): 1. Subgrant 89-CJ , $13, Subgrant 90-CJ , $12, AUTHORIZE CHAIRMAN TO SIGN Partial Release of Special Improvement Assessment Liens: Project 5056 (2) Satisfaction of Judgment - Alex Escobar, F ($320) Floodplain Management Permit and Floodplain Disclosure Statement, for construction of the Port Manatee Stockade Expansion Project. RECORD S APPROVE, RATIFY & CONFIRM S Transit Advertising Agreements/Renewals: 1. Bernard F. Walsh, (6/15/90-6/15/91) 2. Perico Bay Club, (6/15/90-6/15/91) 3. Perico Bay Club, (6/15/90-6/15/91) S RECORD S ACCEPT S Updated Certificate of Insurance with Woodruff & Sons. inc. for the Southwest Samoset and Oneco Collection System, EPA Project C , Step 3. Partial Distribution Check in the amount of $4,320 from NCNB Bank of Florida from the Estate of Bessie E. Peister for distribution to the Public Library. 597

4 598 APRIL (Cont'd) ZONING (Cont^d) Public hearings (Notices in The Bradenton Herald 4/6/90) were held to consider SP-89-15m. SP SP and SP-90-04; SP-89-15(R) FALKNER FARMS (APPROVED) Request: Amended Special Permit for thirty existing mobile homes as rural cluster housing on 2,488 acres located at the northwest intersection of State Road 64 and Bear Bay Road and extending south from a point, 15,691 feet west of said intersection in the Lake Manatee Watershed. Planning Commission recommended APPROVAL with Stipulations: 1. The mobile homes shall be approved for a period of ten years with an administrative renewal period to be granted at the discretion of the Director for five years. 2. The cluster housing shall be used as farm labor housing. 3. This special permit shall run with the Falkners as owners of the property. 4. All stormwater best management practices shall be met as required. 5. All septic tank drainfields shall be elevated to 36 inches above the seasonal high water table. Sp AJF/FALKNER FARMS - RURAL CLUSTER HOUSING (APPROVED) Request: Special Permit to allow fifteen mobile homes as rural cluster housing with waivers of (1) One-half mile distance from a major thoroughfare requirement and (2) Minimum R-4B lot size standards on 165 acres located on the south side of State Road 64, eighteen miles east of 1-75 in the Lake Manatee Watershed. Planning Commission recommended APPROVAL with waivers and Stipulations: 1. This approval shall be for ten years plus a five-year extension at the discretion of the Director. 2. All stormwater Best Management Practices shall be addressed and met on the Final Site Plan. 3. Applicant shall locate septic tanks and drain fields in accordance with setbacks from WO-M boundary as shown on Preliminary Site Plan. 4. The cluster housing shall be used as farm labor housing. 5. This special permit shall run with the Falkners as owners of the property. 6. Prior to final action an easement shall be recorded in the public records. It shall remain in effect for the life of the special permit. SP TAF/FALKNER FARMS - RURAL CLUSTER HOUSING (APPROVED) Request: Special Permit to allow fifteen mobile homes as rural cluster housing with waivers of (1) One-half mile distance from major thoroughfare requirement and (2) R-4B lot size standards on 162 acres located on the south side of State Road 64, eighteen miles east of 1-75 in the Lake Manatee Watershed. Planning Commission recommended APPROVAL with waivers and Stipulations: 1. This approval shall be for ten years plus a five-year extension at the discretion of the Director. 2. All Stormwater Best Management Practices shall be addressed and met on the Final Site Plan. 3. Applicant shall locate septic tanks and drainfields in accordance with setbacks from WO-M boundary as shown on Preliminary Site Plan. 4. The cluster housing shall be used as farm labor housing. 5. This special permit shall run with the Falkners as owners of the property. 6. Prior to final action an easement shall be recorded in the public records. It shall remain in effect for the life of the special permit.

5 8P CLF/FALKNER FARMS - RURAL CLUSTER HOUSING (APPROVED) Request: Special Permit to allow fifteen mobile homes as rural cluster housing with waivers of (1) One-half mile distance from major thoroughfare requirement and (2) R-4B lot size standards on 163 acres located on the south side of State Road 64, eighteen miles east of 1-75 in the Lake Manatee Watershed. Planning Commission recommended APPROVAL with waivers and Stipulations: 1. This approval shall be for ten years plus a five-year extension at the discretion of the Director. 2. All Stormwater Best Management Practices shall be addressed and met on the Final Site Plan. 3. Applicant shall locate septic tanks and drainfields in accordance with setbacks from WO-M boundary as shown on Preliminary Site Plan. 4. The cluster housing shall be used as farm labor housing. 5. This special permit shall run with the Falkners as owners of the property. 6. Prior to final action an easement shall be recorded in the public records. It shall remain in effect for the life of the special permit. Norm Luppino, Planning and Zoning Department, outlined the four applications by Falkner Farms. In consideration of the applicant's request for additional mobile homes on his parcel and Land Development Code (LDC) provisions which allow fifteen mobile homes per site, the purpose of Special Permit No. SP-89-15(R) is to amend the original Special Permit (SP-89-15, approved 5/11/89) by excluding 488 acres to be divided into three separate parcels (SP-90-Q2, SP and SP-90-04) for the placement of fifteen mobile homes on each parcel. Mr. Luppino stated all mobile homes and septic tanks will be located outside the Watershed. Each mobile home will be served by individual septic tanks and each parcel by one well. Mark Barnebey, Assistant County Attorney, submitted a recorded copy of the easement required by Stipulation 6 of SP-90-02, SP and SP Bill Kipp said he had no objection to the four requests. Rick Ploughe, agent for the owner, submitted boundary and topographic maps depicting the parcels and the watershed boundary. He stated that the Comprehensive Plan would allow a density of 1 unit/5 acres on the property in the Watershed if it were subdivided. Motion - Approve 8P-89-15(R) Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report, and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department, approve Special Permit No. SP-89-15(R) including the Preliminary Site Plan and grant special approval subject to stipulations as recommended by the Planning Commission (1-5). Motion was seconded by Mr. Chance and carried unanimously. RECORDS Motion - Approve 8P Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report, and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department, approve Special Permit No. SP including the Preliminary Site Plan, grant special approval as recommended by the Planning Commission (including Stipulations 1-5 and waivers). Motion was seconded by Mr. Chance and carried unanimously. RECORDS

6 600 APRIL (Cont'd) Motion - Approve SP Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department, approve Special Permit No. SP including the Preliminary Site Plan, grant special approval as recommended by the Planning Commission (including Stipulations 1-5 and waivers). Motion was seconded by Ms. Snell and carried unanimously. RECORD S Motion - Approve 8P Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report, and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department, approve Special Permit No. SP including the Preliminary Site Plan, grant special approval as recommended by the Planning Commission (including Stipulations 1-5 and waivers). Motion was seconded by Mr. Chance and carried unanimously. RECORD ^ Public hearing (Notice in The Bradenton Herald 4/6/90) was held to consider 8P ROBERT L, AND ALICE P. WHITE - DAY-CARE CENTER (APPR) Request: Special Permit to allow a day-care center for thirty children with waivers of 1) four parking spaces, 2) minimum setbacks from the building for one parking stall, 3) to allow stacked parking plus and 4) parking lot screening and buffering requirements on.22 acre located at th Avenue West. Planning Commission recommended APPROVAL with revised waivers and Stipulations; 1. The two northeasternmost parking spaces shall be shifted three feet to the west and a vegetative buffer of one shrub or vine for each fifteen linear feet along the eastern property line shall be planted. 2. The two northeasternmost parking spaces shall be increased in size from 9' x 18' to 10/ x 18/ to be utilized as patron parking. To ensure access via the circular drive, the center striped line shall be shared between these two spaces. 3. The northwesternmost parking space shall be shifted three feet to the east and slightly northward to accommodate a three foot vegetative buffer along the western property line running between the bus parking area and the street line. The vegetative buffer shall consist of shrubs and vines planted every fifteen linear feet on center along the fence. This parking space may be reduced from 10/ x 18' to 9' x 18/ and shall be clearly marked "employee parking only" to facilitate the movement of the school vehicle in and out of its designated parking area without blockage by patron parking. 4. Two trees shall be planted in the front yard on-site to replace those trees which were shown on the previous approval and have since been removed or were never installed. 5. This approval shall run for a period of five years with an extension for an additional five years to be granted at the discretion of the Director of the Planning and Zoning Department. 6. This Special Permit shall be restricted to allow a maximum of twenty children at the day-care center. Revised Waivers ( 1. Two required parking spaces to allow stacked parking and to reduce the minimum setback requirement for a parking space from a building.

7 2. Landscaped screening and/or buffering in each side yard from the rear yard fence to the area along the fence which would be intersected by a line running parallel to and abutting the front of the house and on both east and west sides. Betsy Benac, Planning and Zoning, stated the original request (SE-80-10, 4/10/80) was for a day-care with 20 children for a period of five years with a five-year administrative extension. The Health Department authorized the facility to expand to 30 children without Planning and Zoning Department approval. Ms. Benac stated the request appears inconsistent with the Comprehensive Plan and LDC as the site does not meet adequate parking and screening requirements and is not sized and configured to allow for adequate setbacks or buffers from adjacent residential uses. Discussion: Building/property dimensions; amount of property for outdoor activities after installation of required parking facilities; parking space requirements for day-care facilities; proposed stacked parking; Comprehensive Plan criteria for day-care centers; LDC requirements; allowing only 20 children. Alice White, applicant, stated that the Health Department advised her of the need for preschools, endorsed the expansion and authorized the increase in the amount of children. She was also told that Planning and Zoning approval was unnecessary until expiration of the original approval. Ms. White stated she would be satisfied with the 20 children allowed. Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report and finding the request to be consistent with the Manatee county Comprehensive Zoning and Land Development Code, Ms. Snell moved to adopt the findings as recommended by the Planning and Zoning Department and to approve Special Permit No. SP including the Preliminary Site Plan with waivers and stipulations as recommended by the Planning Commission. Motion was seconded by Mr. Chetlain and carried unanimously. RECORD S (Court Reporter, Shawn M. Armstrong, present) Public hearing (Notice in The Bradenton Herald 4/6/90) was opened to consider 8P DANA AND SUSAN WEINKLE - BOAT DOCK (CONTINUED) Request: Special Permit to allow a 410-foot dock with a 14x27 foot 6-inch boathouse and an 8x9 foot terminal platform for a single-family residence on 1 acre located at 2423 Landing Circle N.W. Planning Commission submitted no recommendation, however, if approved, staff recommended Stipulations: 1. Prior to the issuance of a building permit, the applicant shall submit signed and sealed construction drawings to the Plans Examiners for review and approval. These plans shall specify hurricane anchorage, size and location of connectors, the size and spacing of framing members, both sizes and location, depth of piling embedment and spacing, nailing schedule, roof sheathing, type of truss system, and the type of material used. For the safety of boats and boaters, the applicant shall indicate the size, type and location of reflectors or lights to be used on the dock. 2. Prior to the issuance of a building permit for the dock, a building permit must be issued for the construction of the residence. 3. The applicant shall submit a copy of all State and Federal permits to the Planning and Zoning Department prior to issuance of a building permit for this dock. 4. Prior to issuance of a Certificate of Occupancy on the dock, a Certificate of Occupancy must be issued on the residence. 601

8 No DER wetlands on the property shall be disturbed for the construction of the dock, with the exception of areas permitted by FDER. All equipment and supplies for the dock construction shall be provided to the site over a boardwalk to be constructed pursuant to FDER permit application number As required in Section (2)(f)12, Florida Statutes, this area shall be designated and posted as a IDLE/NO-WAKE ZONE for the protection of the West Indian Manatee. 7. Use of this dock shall be limited to one power boat. All sailboat slips shall be designated "sailboat only". 8. This dock and all parts thereof, shall comply with all applicable standards and requirements as set forth in Section 205H of the Manatee County Land Development Code. Ms. Benac stated the site is located in RiverView Landings Subdivision along the Manatee River approximately six lots to the east of the DeSoto National Memorial. (Depart Ms. Snell) The request appears consistent with the Comprehensive Plan and the LDC. The dock is located 800 feet from DeSoto National Memorial. (Enter Ms. Snell) Caleb Grimes, representing the applicants, referred to an aerial map depicting the location of the proposed dock and proximity to a nearby dock. He stated the area of the proposed dock cannot be seen from the DeSoto Memorial Visitor Center, but is visible from the beach area. Clayton Robertson, Biologist with Conservation Consultants, stated that since the project was initiated (9/89), all required permits have been processed. Baseline studies of seagrass beds on the site and adjacent lots were conducted which reveal that construction would not harm potentially important archaeological or historic resources. The project had been approved by the U.S. Army Corps of Engineers, Department of Environmental Regulation (DER) and Department of Natural Resources (DNR). As a result of meetings with individuals from DeSoto National Memorial regarding visual impact to DeSoto Memorial, the east property owner regarding orientation of the dock and to address the concern of surrounding neighbors regarding the metal rpof proposed for the boathouse, Mr. Grimes presented additional stipulations: = Roof shingles shall be of wood or, if required, other material of similar appearance. = Applicant shall locate the dock structure so as to leave the site at the closest permitted point to the western property line. The dock itself, shall be located as far west as is permitted by riparian lines extending from the property line between the site and Lot 26. The northern end of the dock shall maintain the same relationship to the -4.0^ mean low water depth as shown on the site plan. = In the event that the use of this dock is authorized for use by an adjacent property owner, one additional power boat may use this dock. Ms. Benac stated that the Comprehensive Plan limits one power boat slip for each 100 feet. Allowing the dock to serve an adjacent parcel requires an amendment to the special permit. Discussion: Distance of dock from channel; LDC requirements for dock lengths; Comprehensive Plan does not require a special permit for boat docks up to 80 feet; position of dock in relation to seagrass beds; cumulative impact of boat docks along Manatee River; County effort to preserve historical sites; environmental degradation; nearby commercial marina; policy regarding multi-user docks; establish LDC policy mandating historical and recreational site preservation.

9 Recess/Reconvene. All members present. Jan Smith, adjoining property owner to the east, initially opposed the dock due to its configuration directly in the line of view from his home, however, he offered to work with the applicants in repositioning the dock as proposed in the stipulations by Mr. Grimes. Sandra Robinson, property owner to the west, spoke in favor of the dock stating that between her property and the Weinkles, there is sufficient footage (300 feet) to construct the dock. She anticipates sharing the dock with the Weinkles. Richard Kite, DeSoto National Memorial Superintendent, distributed aerial photos of the site and stated that the National Park Service opposes SP as it adversely affects the goal to protect historic resources of the County. He read comments from Pollution Control which state "the applicant must show this project is in the public^s best interest" and feels this has not been achieved. He displayed a map showing an overlay of RiverView Landings Subdivision, other boat docks in the vicinity, the DeSoto Memorial and the shoreline to the west. He stated that when standing on the back patio of the visitor center, the area where the dock is proposed can be seen through the trees on the site. He requested additional stipulations if approved: = That no structure be allowed out on the end of the dock. = No construction (of the dock) for at least a month and one half or two months. Mr. Chetlain moved to give Mr. Hite additional time. Motion was seconded by Mrs. Hooper and carried unanimously. Doris Wright stated she feels the proposed dock is inconsistent with the aesthetics of DeSoto National Memorial., A telephone call was acknowledged from Mary A. Martin, 3430 Wild Oak Bay Boulevard, in opposition to the dock. Mr. Grimes addressed the issue of visibility and submitted a picture, (4/7/90) taken from the outer edge of the visitor center looking towards the proposed dock area which demonstrates no visual disturbance to the DeSoto Memorial. Mr. Grimes opposed the stipulations proposed by Mr. Hite stating that the structure proposed at the end of the dock is a roof with no walls or sides and will merely serve as a protective cover for the boat. Staff's recommended stipulations reinforce that construction will not commence for a period of time until all required permits are obtained. Discussion: Applicant willing to reposition the dock as far west as permitted and to relocate the riparian lines (DER approval required). Motion was made by Ms. Snell, seconded by Mr. Chetlain and carried unanimously, to continue the hearing until May 8, 1990, (10:30 a.m.) and that the following tasks be performed in the interim: 1. Staff examine the stipulations brought forth or asked to be changed, including the stipulation for sharing the dock; 2. Staff to bring forward a concept for protecting historic sites through the Land Development Code; 3. Ask Environmental Services Coordinator, Karen Collins, to review the request, which would entail dredging versus the current concept, which has been brought forward by the applicant; and 4. To visit the site in light of the new information that has been brought forward today regarding the neighboring structure. 603

10 604 Z WILLIAM EUGENE BELLE, 8R. - C (APPROVED) Request: Rezone from PR to C on.22 acre located on the northwest corner of the intersection of Manatee Avenue West and 48th Street West. Planning Commission recommended ADOPTION. Public hearing (Notice in The Bradenton Herald 4/6/90) was held to consider Z AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,... PROVIDING FOR THE REZONING OF CERTAIN LAND FROM PR TO C; PROVIDING AN EFFECTIVE DATE. Ms. Benac stated that staff recommended the property remain PR for the following reasons: Property is undersized for PR zoning - The lot is presently nonconfonning as PR zoning requires 100 foot lot width; the width of this parcel is 66.5 feet. A rezone to C would decrease the nonconformity with respect to lot width, however, it would also increase the intensity of use on a nonconfonaing lot. The existing building on site is also nonconforming. Compatibility - Concern as to whether there is room for transition from commercial to residential uses and the impact of C zoning to adjacent properties. Discussion: Planning Commission rationale for unanimously approving the rezone request. William E. Belle, Sr., applicant, stated there is more than adequate parking available on site and access exists to the north, east and west to substantiate the rezone request. Based upon the staff report, evidence presented and comments made at the public hearing and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code, Mr. Chetlain moved to adopt Manatee County Ordinance No. Z-90-03, as approved by the Planning Commission. Motion was seconded by Mrs. Hooper and carried unanimously. RECORD S Public hearing (Notice in The Bradenton Herald 4/6/90) was held to consider SP W.M., W.E. & H.C. SAFFOLD - RURAL CLUSTER HOUSING (APPR) Requests Special Permit to allow twenty-nine mobile homes as rural cluster housing with waivers of (1) maximum number of dwelling units, (2) minimum floor area of 600 square feet (3) \ mile distance from a major thoroughfare, (4) landscape buffers, (5) paved parking and (6) parking lot landscaping on acres located south of and adjacent to the Hillsborough County Line, \ mile west of Saffold Road. Planning Commission recommended DENIAL, however, if approved, staff recommended Stipulations: 1. Any replacement mobile homes must meet or exceed the 600 square foot minimum floor area. 2. All drainage ditches must achieve positive flow. 3. The dumpster must be screened in conformance with Ordinance to prohibit blowing debris and scavenging by animals. 4. The Special Permit shall be for a time period of five years with an administrative approval for an additional five years. 5. All mobile homes must be underskirted. 6. Shade trees will be provided at a ratio of two trees per mobile home, scattered throughout the camp site prior to Certificate of Occupancy. 7. A defined recreational area shall be shown on the final site plan and recreational equipment provided.

11 8. The private graded farm roads shall be stabilized with compacted shell to a twelve foot width prior to Certificate of Occupancy. 9. In the event that access to the public street in Hillsborough County is terminated, this Special Permit shall terminate. Michael Wood, Planning and Zoning, explained approval would bring the previously approved four, the existing twenty-one and the proposed four mobile homes into compliance and provide a uniform plan for the migrant housing. He stated that access to the camp is via Saffold Road in Hillsborough County. Since no County water or sanitary sewer is currently available within 15 miles, private wells will service the site. Discussion: Planning Commission recommendation and revised findings of fact; request involves four parcels; proximity of the mobile homes to the packing house; consistency with the Comprehensive Plan and LDC. Based upon the evidence presented and comments made at the public hearing, upon the findings set forth in the staff report and finding the request to be consistent with the Manatee County Comprehensive Zoning and Land Development Code and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt the findings as recommended by the Planning and Zoning Department and to approve Special Permit No. SP including the Preliminary Site Plan subject to stipulations as recommended by staff and approve waivers of 1) minimum floor area, 2) 1/2 mile distance from a major thoroughfare, 3) maximum number of dwelling units per lot to allow a total of 29 units, 4) landscape buffers, 5) paved parking and 6) parking lot landscaping. Motion was seconded by Mr. Chance and carried unanimously. RECORD S Recess/Reconvene. All members present. PDR-88-08(F) TERRA CEIA ISLES PHASE I» SUBPHASE IA, UNIT I (APPR) Request: Approval of a Final Master Development Plan for Phase I, Subphase IA, Unit I of Terra Ceia Isles on 20.1 acres located on the south side of Bishop Harbor Road 1,400 feet west of US 41. If approved, staff recommended Stipulations: 1. The owner(s) shall submit an annual report detailing progress on the development. The report shall be submitted on the anniversary date of this approval. Reports shall be submitted annually through the period required for the completion of the project. The reports shall contain the following information; a. Identify any changes in the proposed plan of development, phasing or the presentation for development contained therein, made since the last progress report, including a summary of the number of units and densities proposed to be located in each phase. b. Description of development activities since the last annual report, including a summary of development to date. (1) Residential units (by type) and location. (2) Commercial square footage constructed. c. A description of development activity proposed to be conducted in the year immediately following. d. A description of access and roadway improvements since the last annual report. e. Identify dates of compliance on all stipulated conditions since the last annual report. If no compliance has been reached, so indicate. If compliance has been reached, identify the date of the compliance. f. A statement setting forth the names and addresses of any assignees or successors in interest to this development. 605

12 .606 APRIL (Cont'd) 2. Ten copies of the annual report shall be submitted to the Manatee County Planning and Zoning Department. 3. In the event that monitoring data affirmatively reflects that the prescribed water quality criteria have been exceeded by activity occurring on the site, the appropriate regulatory authority shall issue a written Notice of Violation and Stop Work Order specifying the nature of the violation, and directing that such activity causing the violation shall cease immediately. Such order shall remain in full force and effect for a maximum of 48 hours notwithstanding any appeal the developer may pursue. Work may resume if the Engineer of Record of this development or the party responsible for the activity shall certify to the Manatee County Pollution Control Department that steps have been taken to terminate the unacceptable discharge and correct the violation. Notwithstanding any other provision in this paragraph, if the Stop Work Order includes a finding that, in the opinion of the Manatee County Pollution Control Director, the violation constitutes a peril to life or property, the developer shall not be entitled to a stay during administrative review of the Stop Work Order. 4. Prior to any vertical construction on any of these lots, Preliminary and Final Development Plan/Subdivision Plat approval will be required. Mr. Luppino pointed out that the second sentence of Stipulation 1 should be corrected as follows: "The report shall be submitted on the anniversary date of this the Master Conceptual Development Plan approval." Based upon the staff report and evidence presented, and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Comprehensive Zoning and Land Development Code, Mr. Chetlain moved to approve Final Master Development Plan No. PDR-88-08(F) for Terra Ceia Isles Phase I, Subphase IA, Unit I subject to Stipulation 1 as amended, 2, 3 and 4. Motion was seconded by Ms. Snell and carried unanimously. RECORD S CPA JESUS CHRIST CHURCH OF LATTER DAY SAINTS - RESOLUTION OF APPEAL Request; Appeal of an administrative decision that a borrow pit is not permitted as a short-term agricultural use by the Manatee County Comprehensive Plan on acres located on the south of Buckeye Road, two miles east of US 41. Michael Pendley, Planning and Zoning, stated the Board approved a Special Permit for major earthmoving (SP-88-39, 11/10/88). An application for a revised Special Permit [SP-88-39(R)] requesting a 90-acre expansion to the existing earthmoving site for a total of 180 acres was submitted November 20, The original approval was prior to adoption of the Comprehensive Plan, therefore, the revised Special Permit, involving lands located in Mixed-Use, RES-6 and UF-3 Future Land Use Categories, was reviewed for compliance with the LDC and the Comprehensive Plan. Mr. Pendley read the definitions of "Agriculture", "Short-term Agricultural" and "Special Agricultural" uses in the Comprehensive Plan. It was determined that the proposed earthmoving operation was not a short-term agricultural use and not permitted within the Range of Potential Uses in the three Future Land Use Categories. Discussion: Agriculture use does not include mining, mineral extraction, earthmoving or related operation; short-term agricultural uses provide short-term transition from agriculture to urban/suburban development; special agricultural uses not permitted in RES-6 or Mixed Use future land use categories because of noise/dust, etc.; new Comprehensive Plan allows mining and mining related uses in Agricultural/Rural Future Land Use category only; Comprehensive Plan amendment would be required to expand the borrow pit.

13 APRIL (Cont'd) Hugh McGuire, representing Ajax Paving (borrow pit expansion), reviewed his letter (3/13/90) citing Comprehensive Plan Policy regarding general range of potential uses for each land use category. He stated that short-term agricultural uses are permitted in all the Future Land Use categories on the parcel. He stated the use should be interpreted to be consistent with short-term agricultural uses, as agricultural zoning districts have been the only districts where major earthmoving have been permitted. Having considered the staff report and comments made at this meeting, Ms. Snell moved to deny the administrative decision and approve the Comprehensive Plan Appeal No. CPA Motion was seconded by Mrs. Hooper. Voting "Aye" were Ms. Snell, Mrs. Hooper, Mrs. Glass and Mr. Chance. Mr. Chetlain voted "Nay". Motion carried. RECORD S CR-88-OKP) MANATEE JOINT VENTURE (RIVER CLUB) - CREDIT AGREEMENT Request: Approval of a Credit Agreement between Manatee County and Manatee Joint Venture to authorize a credit against impact fees. Pursuant to said agreement, credit will be approved for construction of private recreational facilities in Construction District D. Having considered the staff report, Ms. Snell moved to authorize approval of Credit Agreement No. CR-88-01(P). Motion was seconded by Mr. Chance and carried unanimously. RECORD S LAND DEVELOPMENT CODE - ZONING ATLAS MAP CHANGES Notification of Proposed Rezone Designations Mr. Chance requested notification be sent to affected property owners regarding preparation of Zoning Atlas maps for the LDC. Motion was made by Ms. Snell, that notification post cards be sent to property owners whose zoning will be changed (affected). Motion was seconded by Mr. Chance and carried unanimously. Gary Brethauer Request - Zoning Change From LM to HC Rosemarie Fallen, Planning and Zoning, outlined a request by Gary Brethauer (4/17/90) for HC zoning on the front portion of his property located 350 feet south of 61st Avenue East and 15th Street East. The current IL Future Land Use Category would render the property nonconforming due to current use. Ms. Fallen recommended that staff pursue a zoning approach which would allow the placement of HC zoning on land designated IL by the Comprehensive Plan provided that the HC regulations qualify what is allowable for land designated IL. Discussion: Future Land Use Category IL puts limitations on the property; intensive uses in HC designation, Gary Brethauer, applicant, explained that approximately 8,500-9,000 square feet of his property may be nonconforming unless an HC designation is placed upon the front 125 feet. Disposition; The matter was deferred to May 8, LAND DEVELOPMENT CODE - FARM WORKER HOUSING PROVISIONS Discussion regarding Farm Worker Housing Provisions for the new Land Development Code was deferred to May 8, JAILS - SALES TAX INTERLOCAL AGREEMENTS James Seuffert, Office of Financial Management Director, recommended execution of the Interlocal Agreements with the cities of Bradenton and Palmetto providing for distribution by the Florida Department of Revenue of the municipal share of proceeds from the local option sales tax to the County for jail construction. 607

14 608 Ms. Snell moved authorization for the Chairman to execute Interlocal Agreements with the municipalities of Bradenton and Palmetto providing for distribution of municipal share of the proceeds from the local option sales tax to the County. Motion was seconded by Mr. Chetlain and carried unanimously. RECORD S LAND DEVELOPMENT CODE - SUSPENSION OF REZONE APPLICATIONS S Motion was made by Mr. Chance to table the proposed suspension of accepting applications for rezone and instructing the applicants to work within the citizen's review process of the new Land Development Code. Motion was seconded by Mr. Chetlain and carried unanimously. ROYSTER PHOSPHATES INC. - APPEAL DECISION Karen Jackson-Sims, Planning and Zoning Director, recommended (memo 4/26/90) authorization to take necessary action in the Circuit Court to overrule the Board of Zoning Appeals (BZA) action on AA-90-02, Royster Phosphates, Inc. The action overturned her decision requiring Royster Phosphates, Inc. to obtain a Special Permit for a Sulfuric Acid Plant in an M-2 Heavy Manufacturing Zoning District. The BZA action was based upon Sections 111F (conforming use) and 204A (accessory use) of the LDC. H. Hamilton Rice, County Attorney, advised that the County Attorney represented the BZA, therefore, special counsel would be necessary. Discussion: If BZA has ability to hire counsel; if County obligated to provide special counsel; if Board can sue the BZA, which it appointed; provision whereby governmental agency may raise appeals from the action of autonomous bodies appointed by that governmental body; Planning and Zoning Director's recommendations (4/17/90). (NOTE; Continued later in the meeting). PIPELINE CONSTRUCTION REGULATIONS Mrs. Glass relayed an urgent request by State Representative Peggy Simone for consensus on a proposed Senate/House Bill which would subject the construction of pipelines to the Development of Regional Impact process, as a vote is about to be taken. Motion was made by Mr. Chetlain that Representative Simone be notified that the Board endorses the legislation. Motion was seconded by Mrs. Hooper and carried unanimously. ROYSTER PHOSPHATES INC. - APPEAL DECISION (Cont'd) Mr. Rice stated the matter involves the following two issues which require separate action: 1. Chairman to take the necessary action in Circuit Court to overrule BZA action on AA-90-02, Royster Phosphates, Inc.; 2. Prior to the acceptance of any applications for development approval, Royster should submit and receive clearance from the Department of Community Affairs (DCA) through a Binding Letter of Interpretation (BLI) as required in Chapter 380, Florida Statutes. Jeffrey Steinsnyder, Assistant County Attorney, stated (memo 4/25/90) Chapter 380, Florida Statutes (F.S.) contains a provision that any development given local government approval prior to July 1, 1973, is vested from DRI review, therefore, the original facility may be exempt from the DRI process. The modification appears to exceed the substantial deviation criteria provided in Section (19)(b), F.S. The proposed expansion is in all likelihood not vested and would be required to go through the DRI process if it were large enough. The Final Site Plan lists the acreage at 2.2 acres and the current DRI threshold for industrial development is 320 acres. Therefore, it is likely that the Department of Community Affairs (DCA) would treat the expansion as unvested new development and would apply the 320 acre threshold to only the new development since this acreage would be below eighty percent of the DRI threshold.

15 APRIL (Cont'd) He stated the Board may wish to require a Binding Letter of Vested Rights and a Binding Letter of Modification from DCA to establish what portions of the facility are vested and whether the proposed new development affects the status of the original facility. Mr. Rice read the provisions for judicial review of BZA decisions. Discussion: If Royster prevails at the appeal, final site plan process would proceed. Motion - Appeal Mr. Chetlain moved that the Board, through its special counsel, be authorized to take the necessary action in Circuit Court to overrule the Board of Zoning Appeals action on AA-90-02, Royster Phosphates, Inc. Motion was seconded by Ms. Snell. Upon the advice of counsel, Mr. Chetlain reworded the motion to read "... to take the necessary action in Circuit Court to appeal the Board of Zoning Appeals action...". Ms. Snell agreed. Discussion: Motion constitutes an appeal to the appeal; defendant is the BZA and Royster Phosphate Inc. Voting "Aye" were Mr. Chetlain, Ms. Snell and Mrs. Glass. Mrs. Hooper and Mr. Chance voted "Nay". Motion carried. Motion - BZA Representation Mr. Chance moved that the Zoning Board of Appeals be represented in this matter by counsel. Motion was seconded by Mrs. Hooper. Voting "Aye" were Mr. Chance, Mrs. Hooper, Mrs. Glass and Ms. Snell. Mr. Chetlain voted "Nay". Motion carried. Recess/Reconvene. All members present except Mr. Chetlain. TARA-MANATEE INC. - BRADEN RIVER FIRE CONTROL Consideration of request by Braden River Fire Control and Rescue District for its fair share for Tara-Manatee property, and discussion of Comprehensive Plan concerns regarding location of a new fire district was deferred. (Enter Mr. Chetlain) BEACH BOYS CONCERT - COOUINA BEACH The County Attorney presented an agreement with D'Anca Productions, Inc. permitting the use of Coquina Beach for a Beach Boys Concert July 7, 1990, and for set up and clean up. Should D^Anca Productions be unable to secure a contract with the Beach Boys or contracts for necessary support services, the agreement will be rendered void. He acknowledged a copy of letter (4/20/90) from the Director of Southeast Area Urban Mass Transit responding to charter regulations which prohibit County Transit from participating or contracting with the concert committee as long as a willing/able private provider exists in the area; and letter (4/26/90) from Edwin Mulock, Attorney for D^Anca, requesting that Paragraph 2(a) of the agreement be amended to state that the bond be posted 30 days prior to the concert. Discussion: Production costs; concert proceeds; Steering Committee recommendation that net proceeds be remitted to the County with 40 percent payable to D^Anca and 60 percent for distribution to island municipalities for beach renourishement/improvement; 15 percent to Anna Maria, Holmes Beach, Longboat Key and the County; 40 percent to Bradenton Beach; County portion used for Cortez Beach; County Administrator to monitor agreement; obligations of D^Anca; default by D^Anca results in County recovering costs incurred for preparation; delay in finalizing a contract limits D'Anca's ability to secure sponsorships; D^nca bear all costs associated with the concert; D'Anca obligated to provide cash or surety bond to secure payment of those costs; require D'Anca provide $10,000,000 liability insurance. 609

16 610 Phil Davis, Transit Director, stated several charter companies in the area have offered transportation services for the concert.,' Ed Mulock, Attorney for D'Anca, stated D'Anca will contract with a private bus company for services. If it cannot provide enough buses, the County could, if permitted under the Uniform Mass Transit Act, lease buses to the company. A schedule of estimated production costs (Exhibit A) including costs other than those anticipated for facilities/services to be furnished by County and other state/local governmental agencies was distributed. Mr. Mulock stated that questions were raised as to the sale of concert tickets wherein it was determined the best method would be through the use of a local organization. The Bradenton Herald offered to act as agent for the first two weeks prior to the time tickets are made available elsewhere, allowing County residents to obtain tickets first. D'Anca would then utilize an independent ticket sale company. Discussion; Concern by island municipalities to buy tickets; reserve portion of tickets for island residents; distribute limited tickets to island town halls for purchase by island residents; methods of sales. (Depart Mrs. Glass) ^ ^,: Mrs. Hooper moved approval of the agreement to permit D'Anca ^. '"''" Productions Inc. to use Coquina Beach for the Beach Boys Concert on ^,'1;^ ^ '.July 7, Motion was seconded by Mr. Chance and carried ^ v'^ unanimously. RECORD S (Depart Mrs. Hooper) SUNSET HARBOR SUBDIVISION - FINAL PLAT Mr. Chance moved to approve/accept and/or execute documents relating to Sunset Harbor Subdivision, as outlined in memorandum of April 5, 1990, from Richard A. Wilford, Director of Public Works. Motion was seconded by Mr. Chetlain and carried unanimously. Documents: 1. Final Plat 2. Joinder of Mortgagee in Declaration Only from Liberty National Bank 3. Joinder of Mortgagee in Declaration Only from First National Bank of Manatee 4. Declaration of Covenants and Restrictions 5. Bylaws of the Sunset Harbor Owners Association Inc. 6. Articles of Incorporation of the Sunset Harbor Owners Association Inc. LAND DEVELOPMENT CODE REVIEW Mark Barnebey, Assistant County Attorney, stated that the recommendation to increase the cap amount of $23,250 on an "as needed" basis to Dames & Moore for assisting the County Attorney's office in reviewing the Land Development Code in accordance with Section of the County Procurement Code; and increase the individual billing rate for Carol Clarke from $60/hour to $75/hour be addressed at the next Board meeting. LANDFILL - MEDICAL WASTE DISCOVERY Robert Schoenleber, Public Information Officer, reported to the Board that medical waste had been discovered at the Landfill at 8:00 a.m. Approximately one-half dozen white plastic bags containing medical waste (syringes, needles, gloves, etc.) and stationery/correspondence from Manatee Memorial Hospital had been found. A discovery later in the day consisted of waste equipment from a local dentist's office. He explained that the proper procedures for disposing of medical waste can be performed by either utilizing medical waste remover companies or the method of autoclaving (sterilization).