f^^ 1j''-?,^ JUNE 26, 1990

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1 f^^ 1j''-?,^ JUNE 26, 1990 The Board of County Commissioners, Manatee County, Florida, met in SPECIAL SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, June 26, 1990, at 6:11 p.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: H. Hamilton Rice, Jr., County Attorney Susan G. French, Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representatives of the various news media were present. The meeting was called to order by Chairman Glass. All witnesses/staff giving testimony were duly sworn. (Court Reporter, Shawn Armstrong, present) ORDINANCE 90-01; LAND DEVELOPMENT CODE Public hearing (continued from 6/20/90) was opened to consider ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING AND REVISING THE MANATEE COUNTY COMPREHENSIVE ZONING AND LAND DEVELOPMENT CODE WITH THE MANATEE COUNTY LAND DEVELOPMENT CODE CONSTITUTING THE LAND DEVELOPMENT AND ZONING REGULATIONS FOR SAID COUNTY; PROVIDING GENERAL PROVISIONS OF PURPOSE AND APPLICABILITY, DEFINITIONS AND RULES OF CONSTRUCTION; PROVIDING FOR DECISION MAKING, ADVISORY AND ADMINISTRATIVE BODIES, COMPREHENSIVE PLAN COORDINATION, DEVELOPMENT REVIEW PROCEDURES, ZONING DISTRICT REGULATIONS, DEVELOPMENT STANDARDS, IMPACT FEE PROVISIONS, SUBDIVISION PROCEDURES AND STANDARDS, DEVELOPMENT AGREEMENTS, REGULATIONS GOVERNING NONCONFORMITIES AND VESTED RIGHTS; PROVIDING FOR THE INTERPRETATION, ADMINISTRATION, APPLICATION AND ENFORCEMENT THEREOF; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ENTERED INTO THE RECORD Karen Jackson-Sims, Planning and Zoning Director, entered into the record: Land Development Code Advisory Committee Minutes Petition from Neighbors in Support of Request 180 W. T. Powers Letter from Dickson Stauffer Regarding Planned Development Without A Plan Letter from Karen Lloyd regarding Rutland Ranch Letter from W. H. Powers regarding Oneco Square Citizen Input/Comments/Inquiries Omissions, Typographies, and Drafting Corrections to the Land Development Code No. 5 ZONING ATLAS CHANGES Before each request Betsy Benac, Planning and Zoning, indicated the site on a map. WILLIAM SAMUELS AND L. H. GLASGOW - DP /9 Request: Change zoning from RSF-6* to commercial.

2 Mike Pendley, Planning and Zoning, stated the site does not meet commercial locational criteria, however, it does have an asterisk designation. The designation allows for commercial development within three years of adoption of the Comprehensive Plan (5/11/89). Should commercial use be discontinued for more than 180 days, commercial uses could continue to be considered conforming, with Board approval. A. G. Burton, representing the applicants, stated the property had an ROR designation at some time during the Comprehensive Plan hearings, however, it had been changed to RES-9. The site is developed and used for commercial. Designation: Surrounding uses not residential; exception for commercial areas already developed; infill development; Plan amendment to allow for an established land use; exceptions to node criteria, etc. Disposition: The site was found to be an infill piece. TOALE BROTHERS INC. - DP and Request: Change zoning to Professional. Ms. Sims stated that staff is working on a Plan amendment for ROR which would allow professional uses. Mr. Pendley stated one site (58756) meets locational criteria, and recommended PRM. John Dart, representing the applicant, stated the present use is Professional. On one site is a house, which is planned for funeral home offices. Mark Barnebey, Assistant County Attorney, stated a Plan amendment is being prepared to change locational criteria for Professional designations, which could be adopted before the proposed map change. E. S. REASONER - DP E. 8. REASONER - DP Request: Change zoning from RSF-2* and RSF-3 to commercial. Mr. Pendley stated the site does not meet locational criteria and is in a residential area. E. S. Reasoner, applicant, stated the two requests were addressed under request 294 wherein PDMU was approved, therefore, these requests were not applicable. Disposition: Uphold staff recommendation (294 is approved). E. 8. REASONER - DP 7653 Request: Change zoning from RSF-2 to RDD-4.5 or RSF-4.5. Disposition: Mr. Reasoner withdrew the request (RSF-2 remains). W. H. POWERS - DP Request: Change zoning from RSF-4.5 to RSF-3. Jerry McClish, on behalf of W. H. Powers, stated that of the 24 parcels in the area, 20 requested downzoning to 3 du/acre. Disposition: Grant the request. D. C. TURNER - DP 1403 Request: Change zoning from NCS/WP-M/ST to NCM/WP-M/ST. Patricia Petruff, representing the applicant, agreed to a PDC designation. Disposition: Grant PDC/WP-M/ST. STEVE MARSHALL - DP Request: Change zoning from RSF-2/WR to RSF-3/WR. 033

3 334 Ms. Sims stated that staff had recommended PDR, which would permit up to 3 du/acre in the future. Steven Thompson, representing the applicant, submitted an aerial of the site. He stated the surrounding area is at least 3 du/acre and requested to be consistent with the area. Disposition: Uphold staff recommendation of PDR/WR. MILES TOLER - DP Request: Change zoning from RDD-6 to commercial. Ms. Sims stated staff recommended PDMU. Patricia Petruff, applicant, and property owners in Central Gardens Subdivision (this request and requests and 457) agreed to PDMU. Disposition: Uphold staff recommendation of PDMU. JOSEPH TURNER - DP 6857 Request: Change zoning from RDD-6 to commercial. Ms. Sims stated this request is the same as the previous request and recommended PDMU. Disposition: Uphold staff recommendation of PDMU. E. S. REASONER - DP and Request: Change zoning from RSMH-6 to GC. Mr. Pendley stated the site is in an ROR FLUC, and the request could be granted; however, he recommended denial based on residential development to the north and south of the site. Ms. Petruff, representing the applicant, changed the request to PDC. Discussion: Redevelopment of trailer park property; formal rezone. E. S. REASONER - DP 53971, 54003, Request: Change zoning from GC to HC on all three parcels. Mr. Pendley recommended a formal rezone due to residential development on the north and south of the site. He stated PDMU would be permitted. Mr. Reasoner stated he did not request HC on any of the three parcels, however, since the middle parcel was HC he requested the entire site be zoned the same. Disposition: Uphold staff recommendation of GC on the north and south parcels and retain HC on the middle parcel. E. S. REASONER - DP Request: Change zoning from RSF-4.5 to multi-family. Mr. Reasoner requested clarification as to the buffering required. Disposition: Mr. Reasoner to meet with staff. E. S. REASONER - DP 2966 E. 8. REASONER - DP 2937 E. 8. REASONER - DP 2782 Request: Change zoning from A/WP-M/ST to commercial. Mr. Pendley stated the sites do not meet locational criteria. He submitted letters from Margaret Swelsle and Mary Sheppard in opposition to the request. Mr. Reasoner stated he only requested commercial for the parcels at the intersection of State Road 64 and Rutland Road in order to develop a convenience store, boat rental and travel trailer park.

4 JOHN 8TENGLEIN - DP 8184 Request: Change zoning from A-l to GC. Mr. Pendley stated the request is in the ROR FLUC, but does not appear to be compatible with the neighborhood. Richard Fisher, representing the applicant, stated the site is not conducive to residential due to noise from I-75/U.S He referred to a map submitted at the June 6, 1990, public hearing. Discussion: Special study of the area. Disposition: Grant the request. BB/MANATEE ASSOCIATES - DP 1568 Request: Change zoning from A/WP-M/ST to commercial. Ms. Benac stated a portion of the site is in the Lake Manatee Watershed. Disposition: Continued to later in the meeting. L. D. BALLARD - DP Request: Change zoning from A-l to allow higher density. Ms. Sims stated the request would cause spot zoning. Recess/Reconvene. All members present. CHARLES OGLE - DP Request: Change zoning from PRS to GC. Mr. Pendley stated the site has ROR and OL categories and the applicant requests GC on the entire site. Commercial is not allowed in OL. Charles Ogle, applicant, stated there is a 14,000 square-foot building on the site which would become non-conforming. Disposition; County-initiated Plan amendment. BERNETTA WATTS - DP BERNETTA WATTS - DP Request: Change zoning from RSF-4.5 and GC to duplex. Ms. Sims stated that pursuant to Board direction, staff recommended denial since it would be spot zoning. GARY MONTIN - DP and Request: Change zoning from RSF-4.5 to duplex. Ms. Sims stated the applicant could apply for a formal rezone. Gary Montin, applicant, stated there were no duplexes on the site at this time. ROSARIO DAVI - DP Request: Change zoning from NCM to GC Ms. Sims stated that the category is RES-9, therefore GC is not allowed. IMC FOUR CORNERS MINE - DP not given (2 requests) Request: Remove ST overlay from the site. Mr. Pendley stated the ST overlay district provides additional protection for specific areas or resources that are sensitive to or subject to damage by industrial mining.

5 one JUNE 26, 1990 (Cont^d) Patricia Petruff, representing the applicant, stated the ST was placed on the site through the 1981 Phosphate Mining Ordinance (81-04). At that time there was not a definitive watershed boundary. She requested removing ST only on that portion of the mine outside the watershed. Discussion: Boundary study of the watershed; presumption against mining. Disposition: Continue to July 11, 1990, to allow Phosphate Mining Coordinator and Environmental Services Coordinator to review request. JOHN DOWLING - DP 9680 Request: Change zoning from RSF-6/CH to PDW. Mr. Pendley stated the site is surrounded by residential, therefore, the request is not compatible. Robert Grant, representing the applicant, stated the southern portion of the site had been zoned M-l. He wanted to market the site with a waterfront use. Disposition: Grant the request. N. R. HAMM - DP 20255, Request: Change zoning from A-l and HM to allow a hotel. Mr. Barnebey stated that under the current M-2 zoning a hotel would be allowed, however, not under the proposed zoning. Steven Thompson, representing the applicant, stated that a text change had been submitted. There are Preliminary and Construction plans approved under the M-2, and a change to the Use Matrix 6.1 could solve the problem. Disposition: Uphold staff recommendation on zoning; text change forthcoming. EARL MCCARLEY - DP Request: Change zoning from PRS* to commercial. Mr. Pendley stated the asterisk zoning would allow commercial development/redevelopment according to the Comprehensive Plan Section Stan McCarley, representing Earl McCarley, stated there is a gas station on the property. He questioned if the asterisk designation would affect the sale of the property. Ms. Benac stated that any neighborhood commercial use could be allowed on the property. Disposition: Uphold staff recommendation; revisit policy of asterisk zoning and prepare Plan amendment if necessary. MICHAEL RADCLIFFE - DP 8312 Request: Change zoning from RSF-4.5* to commercial. Michael Radcliffe, applicant, stated staff determined the site does not meet locational criteria, however, it is close to Victory Road and is at'a signalized intersection. Ms. Sims stated that RSMH-6 could be an appropriate designation. She stated staff would review locational criteria of the site. Mr. Barnebey stated the proposed Plan amendment regarding PR locational criteria could affect this site. LLOYD SHEEHAN - DP 5049 and 5459 Request: Shift the Coastal High Hazard Area (CHHA) line.

6 Ed V'ogler, representing the applicant, stated that there has been another survey of the site regarding the CHHA line. Disposition: Uphold staff recommendation and meet with Mr. Vogler. DAN CALLAGHAN - DP Request: Change zoning from LM and GC to HM. Mr. Pendley stated there is an existing use on the site. Ms. Sims stated the Future Land Use Maps have the wrong classification and a Plan amendment would be necessary. Disposition: County-initiated Plan amendment to be prepared. LEE WALKER - DP Request: Change zoning from RSMH-6 to GC. Mr. Pendley stated staff recommended a formal rezone. R08EMAY AZAR - DP Request: Change zoning from PRS/WR/AI to commercial. Ms. Sims recommended a County-initiated Plan amendment. Disposition: Prepare Plan amendment. ROBERT LAMPMAN - DP Request: Change zoning from A-l/WP-E to professional. Mr. Pendley stated the site is surrounded by residential zoning and the request would be spot zoning. RONALD BERNARD - DP Request: Change zoning from RDD-6 to GC. Ms. Benac stated the Plan amendment is in process regarding ROR and access to collector roads. JOHN NORRIE - DP Request: Change zoning from RSF-l/CH and RSF-3/CH to RSF-3/CH on the entire lot. Mr. Pendley stated there are two categories on the site, RES-1 and RES-3. Tom McCollum, representing the applicant, stated there are 8 parcels affected. When the Comprehensive Plan was adopted, the Section line (also followed by Snead Island Road) was used to divide the categories, however, Snead Island Road winds away from the Section line, causing these properties to be cut into two classifications. Disposition: Prepare a County-initiated Plan amendment. TERRA CEIA ISLES, INC. - DP Request: Change zoning from A-l/CH* to commercial. Scott Conver, property manager for Terra Ceia Isles, Inc., stated he is aware of the asterisk designation. He requested consideration of market conditions regarding development of commercial uses within three years of adoption of the Comprehensive Plan. DAN BLALOCK - DP Request: Change zoning from LM to HM. Mr. Pendley stated the Future Land Use Map is IL. Dan Blalock, applicant, stated the site is developed with a 25,000 square-foot industrial building. It has been zoned M-2 for 20 years and there are heavy industry uses in the area. Disposition: County-initiated Plan amendment for area. oa?

7 038 PUR8LEY, INC. - DP not given Request: Change zoning from PDR to PDC. Ms. Sims stated that under request 189 PDR had been approved. The request is for PDC on a portion of the site where PDR had been approved. Mr. Pendley recommended a formal rezone. Caleb Grimes, representing the applicant, stated the intersection of Rye Road and State Road 64 is a logical location for commercial in the future. L. H. GLASGOW - DP Request: Change zoning from LM to HM. Mr. Pendley stated that the request would create spot zoning. He recommended a formal rezone. A. G. Burton, representing the applicant, stated there is a 6,800 square foot warehouse on the site. Ms. Sims stated the current use is conforming with the LM designation and suggested a special study of the area. L. H. GLASGOW - DP Request: Change zoning from L-M* to HC. Mr. Pendley stated the site did not meet locational criteria, but had been given the asterisk designation. Disposition: Plan amendment regarding existing commercial operations. A. L. PULLEN - DP Request: Change zoning from RSF-6* to commercial. Disposition: Plan amendment to extend ROR south of Manatee Avenue to include the request. NU-GULF INDUSTRIES, INC. - DP various Request: WP-M and ST overlay districts be removed; DP classification be changed from CON to EX; DP change zoning from A/WP-M/ST to EX. Carol Masio, representing the applicant, requested clarification regarding a proposed Plan amendment regarding the CON classification. Disposition: Continued to July 11, L. H. GLASGOW - DP Request: Change zoning from RSF-4.5* to classification of ROR. Mr. Burton stated the request is the same as request 27, therefore, he withdrew the request. BOB TRULASKE - DP Request: Change zoning from LM to HM. Mr. Pendley stated the request would violate the Comprehensive Plan. TROPICANA - DP and Request: Change zoning to RSF-4.5* to PDUI. Ms. Sims stated the request may indicate a Future Land Use Map line being misdrawn. Staff is investigating the matter. Diane Chadwick, representing the applicant, requested a continuance.

8 JUNE 26, 1990 (Cont'd) MARY THERESA SOLEAR - DP Request: Change zoning from RSF-4.'5 to commercial. Mr. Pendley recommended PRM to be compatible with adjacent zoning. Disposition: Uphold staff recommendation of PRM. (Depart Mrs. Glass; Ms. Snell presiding) 8TEPHENSON AUSTIN - DP Request: Change zoning from RSF-6 and RDD-6 to allow for higher densities. Mr. Pendley stated the proposed designations are consistent with the surrounding areas. ROBERT FLANDERS - DP Request: Change zoning from RSF-6 to LM. Mr. Pendley stated there appears to be an error on the FLUM as the property has two FLUC of RES-9 and IL. The area should be RES-9. (Enter Mrs. Glass) Mr. McCollum, representing the applicant, stated the area would not be developed as single-family. Ms. Sims recommended a Plan amendment, and requested continuance. PDG ELECTRIC - DP 5336 Request: Change zoning from NCM to GC. Mr. Pendley recommended PDC. Disposition: Uphold recommendation of PDC. 20LLER & 20LLER - DP 16806, Request: Change zoning from RSF-4.5* to commercial and qualify for infill commercial. Mr. McCollum, representing the applicant, requested determination that this site by Oneco Elementary School should be zoned commercial. Disposition: Plan amendment regarding Professional. WALTER WING - DP Request; Change zoning from RSF-6* to commercial. Disposition: County-initiated Plan amendment regarding ROR to address the request. PIRATES COVE, INC. - DP Request: Change zoning from PDC, RDD-6 and RSF-6 to GC. Mr. Pendley stated the front of the site is zoned PDC and the back is zoned RDD-6 and RSF-6 due to neighborhood opposition (Z-83-51). James Dye, representing the applicant, requested the front portion of the property be zoned GC inasmuch as the adjoining properties will be zoned GC. He requested the back portion of the site be zoned PDC. Ms. Sims recommended a formal rezone due to neighborhood concerns. Disposition: Uphold staff recommendation on both requests. 1ST FLORIDA BANK - DP various Request: Change zoning from A to A-l. Ms. Sims stated the site is Rutland Ranch. She opposed the request due to increased density (from 842 units to 4,101 units).

9 (NK) Karen Lloyd, representing the applicant, stated the UF-3 classification designates future growth, therefore, the request is applicable. 1ST FLORIDA BANK DP Request: Change zoning from CON to A-l. Ms. Sims stated the site is being reviewed for recommendation regarding CON designation. Disposition: Plan amendment being reviewed. ERIC 8HUMWAY - DP Request: Change zoning from LM to HM. Ms. Sims stated the applicant requested to be part of an area study. SARABAY MARINE INC. - DP Request: Change zoning from LM/CH* and GC/CH* to PDW. Carol Masio, representing the applicant, requested clarification regarding the PDW for the marina only, not the restaurant. Disposition: PDW on marina portion only. PUBLIC COMMENTS Noah Lagos, Deputy Director Sarasota Bradenton Airport, read a letter from Richard Vacar, Executive Director, addressing the Airport Overlay District Regulations. He stated that Senate Bill 1616 amends Section 333, Florida Statutes, which grants authority to public-use airports to enact zoning regulations restricting use of land in the vicinity of airports to uses compatible with airport operations. Robert Kersteen, GTE Mobilnet, addressed concern regarding towers for cellular radio systems. He submitted written comments. Disposition: Staff to meet with Mr. Kersteen. Mary Sheppard submitted alternate language to Limitation on Density/Intensity Credit. Disposition: Continue to July 11, 1990, for Karen Collins to review. Robert Moore stated he had requested to operate a day-care in RSF-4.5 zoning. He has an existing operation, which would become nonconforming (request 441). Dana Parrish, Parrish resident, requested not changing her zoning in Parrish from A to A-l. She submitted a letter from Larry W. Parrish (6/24/90) rescinding his request to change zoning to A-l. William Cone, Parrish resident, approved the rezoning in Parrish to A-l. Carol Masio, representing Parrish area residents in favor of A-l zoning, submitted a package of petitions requesting A-l. She requested the Elsberry tract be included in the A-l zoning. Disposition: Contact individuals submitting petitions. Clara Hubbard submitted a request to change her zoning to RDD-2 in order to be conforming. Linda Stewart Tucker, representing her father, Ranch, requested the Parrish property not be submitted a letter from Mary C. King, also owner of Shady Creek rezoned to A-l. She in opposition to the rezone.

10 JUNE (Cont^d) James Dye, representing Heather Hills Golf Course, requested changing the zoning from CON land use category to allow PDMU zoning for the golf course (request 328). BB/MANATEE ASSOCIATES - DP 1568 (Continued from earlier in the meeting) Ms. Sims stated that there was no objection to allow A zoning. Disposition: Grant A zoning. Motion was made by Mr. Chetlain, seconded by Mrs. Hooper and carried unanimously, to continue the public hearing to July 11, 1990, at 6:00 p.m. or as soon thereafter as may be heard. MEETING ADJOURNED There being no,further business, the meeting was adjourned. ' -^ i ' ' ':/?, ' Attest: --_;'-.<.., APPROVED: ^/^C^.A^.'.^CleifR C.^. Chairman ^y^^-^^ Adj: 10:4'0..p.m. '""", /sgf - 041