Planning Commission Meeting

# ABBREVIATED MINUTES

# PLANNING COMMISSION MEETING

# January 15, 2025

The Planning Commission met in the City of Bradenton Council Chambers, 101 Old Main Street, Bradenton, Florida at 2:00 p.m.

## PRESENT

Planning Commission Members: Ben Bakker-Chair, Michael Neal-Vice Chair, Michael Jones, Keith Green-Alternate. City Staff: Scott Rudacille-City Attorney, Robin Singer-Planning and Community Development Director, Greg DeLong-Planning and Community Development Assistant Director, Lori Brunner-Planning and Community Development Administrative Assistant.

## REGULAR MEETING

1. Meeting was called to order by the Planning Commission Chair, Ben Bakker at 2:00 p.m. 2. Pledge of Allegiance. 3. Motion to approve the December 11, 2024, Meeting Minutes by Commissioner Jones, and seconded by Commissioner Neal. Motion passed unanimously.

Items 5 and 6, Election of Officers and Review of By-Laws, were both postponed.

## PUBLIC COMMENT

No speakers came forward to speak on non-agenda items.

Chair Ben Bakker asked if the Commissioners had any ex parte communication with any of the applications on today’s agenda. There were none.

## AGENDA ITEMS:

## 1\. Resolution 25-03; Case SUP.24.0004

Request for a Special Use Permit to allow for a sidewalk café with alcoholic beverage sales; to be located at 406 12th Street West (Parcel ID 3319400002) in the T5 (Urban Center) transect zoning district. Application filed by Robert Allen Woodring (agent) for CBR Holdings, LLC (owner).

Staff: Greg DeLong described the Special Use Case request.

Applicant: Robert Woodring, 406 12th St. W., Bradenton, stated that he is present for the application of a sidewalk café license and that his business has been in business for over 30 years on Old Main Street.

Mr. DeLong went over the proposed request which is consistent with the Land Use Regulations. He discussed the stipulations which were provided to the Board.

* * *

Public Comment: Chair Bakker opened the Public Hearing. No one came forward in favor or in opposition.

Public Hearing was closed.

Motion: Commissioner Green motioned to approve, and Commissioner Neal seconded. Motion passed unanimously.

## 2\. Resolution 25-02, Case SUP.24.0003

Request for a Special Use Permit to allow for a Club (Reception Center); to be located at 1720 Manatee Avenue West (Parcel ID 3370100004) in the UV (Urban Village) zoning district. Application filed by Adam and Kathleen LaFavre (owners).

Staff: Greg DeLong gave a summary of the Special Use Permit and showed maps, as well as a site location.

Applicant: Adam LaFavre, 1717 79th Ct. W., Bradenton, and Kathleen LaFavre, 1720 Manatee Ave. W., Bradenton, discussed the wedding venue. This will be a 4-to-5-hour venue and they have worked out the parking with the neighboring church, as well as valet parking. This will be primarily on the weekend. Traffic flow was also discussed; signs will be posted due to the location.

Mr. DeLong presented a zoning map and stated that they have been operating without a permit. He stated that there is nothing in the code that represents this type of use. He discussed the parking situation and suggested a stipulation, if approved. He also stated that in their application, there would be no cooking on site; just catering, and alcohol will be sold and served with the proper permit. This was also brought before the Development Review Committee and the Building Department is requesting a change of occupancy, due to the current classification. The Fire Department stated that one of the doors needs to be changed to an egress for exiting. The Police Department stated some concerns about the parking. The Comprehensive Plan design was discussed. Staff recommends stipulations. Mr. DeLong also mentioned the email that was sent to Robin Singer from Fred Longhi which was included in the meeting packet.

Public Comment: Chair Bakker opened the Public Hearing. No one came forward in favor or in opposition.

Public Hearing was closed.

Mr. LaFavre stated that he has no objection to the stipulations suggested.

Motion: Commissioner Green motioned to approve with the stipulations, and Commissioner Jones seconded. Motion passed unanimously.

3. Ordinance 4035, Case CP.24.0363 An Ordinance of the City of Bradenton, Florida, amending objective 1.5.2 of the Future Land Use Element of the City's Comprehensive Plan and amending Objective 5.3, Policy 5.3.1, Policy 5.3.2, Policy 6.2.1 and Policy 6.2.5 of the Coastal Management and Conservation Element of the City's Comprehensive Plan, and adding Policy 5.3.1.1 and Policy 5.3.1.2 to the Coastal Management and Conservation Element of the City's Comprehensive Plan; providing for applicability; providing for severability; and providing for an effective date.

Staff: Robin Singer introduced the ordinance which is modifying the Comprehensive Plan to allow for map amendments allowing for additional density within the coastal high hazard area.

Applicant: Katie LaBarr, Stantec, 6920 Professional Parkway, Sarasota, on behalf of Westminster. Ms. LaBarr introduced Jim Palaski, Senior Vice President of Westminster, and Chris Wickburg, Vice President of Design and Construction at Westminster, as well as their legal counsel Stephen Dye and Patricia Petruff of Dye Harrison. Jim Palaski, 5304 Bay State Rd., Palmetto, spoke about Westminster Communities of Bradenton, in the Point Pleasant neighborhood. He gave a presentation with maps of all the communities (22) across Florida. Chris Wickburg, 116 America St., Orlando, discussed the plan, design, and redevelopment success. This includes a multi-phase plan which creates modern standards and life safety for the residents. Ms. LaBarr went over the Comprehensive Plan text amendment proposal. She stated that their primary purpose is to ensure consistency regarding development within the coastal high hazard areas and their client’s goal is to preserve an institution that has been a prominent fixture in the City of Bradenton for over 70 years, can continue. She discussed statutory language compliance and the impact of natural disasters, as well as the evacuation plan. Patricia Petruff, certified land use attorney, Dye, Harrison, Knowles, 1206 Manatee Ave. W., Bradenton. She has represented this client for 46 years. She discussed the original coastal high hazard zones and the verbiage of when the Comprehensive Plans were originally written. She went over changes in units and future land use. She stated that this property is not subject to the overlay district; it is not part of that neighborhood; it is an institution, not residential. Ms. Petruff showed a map of the area and stated that this is not a T-4O zoning category. She stated that with the current ordinances, they would not be able to rebuild should buildings be destroyed. Mr. Wickburg discussed the Shores building and renovations. Due to age, design, demand of residents, etc., renovations become an economic issue. They have been upgrading buildings, however, residents do not want to live in an older building.

Robin Singer reiterated that this is about text amendments that impact the coastal high hazard area as shown on land use maps within the City. She discussed the impacts of changing the land use designations.

The Board decided to listen to all presentations first, then make separate motions when all are complete. Public comments will be more than 3 minutes if needed.

* * *

## 4\. Ordinance 4036, Case CP.24.0364

An Ordinance of the City of Bradenton, Florida, providing for amendment to the City of Bradenton Comprehensive Plan Future Land Use Map; changing the Future Land Use designation from High Density Residential to Urban Central Business District for property located at PIDs 3346800000, 3346600004, 3373700008, 3373500002, 3373300007, 3352500109, 3337900059, 3340600158, 3335100059, 3340910052, 3339500109, 3339000006, 3338800000 and more particularly described in the attached “Exhibit A”; providing for applicability; providing for severability; and providing for an effective date. Application filed by Katie LaBarr of Stantec, agent for Presbyterian Retirement Communities, Inc.

Applicant: Katie LaBarr, Stantec, on behalf of Westminster, presented the case for the Comprehensive Plan Land Use Map amendment. She showed tables to break down the differences between what is currently allowed and what they are seeking. Patricia Petruff stated that typically when a text amendment is done, a map amendment is often done as well.

Agenda

AGENDA

BRADENTON PLANNING COMMISSION MEETING

2:00 p.m. Wednesday, January 15, 2025

101 OLD MAIN STREET, BRADENTON, FL 34205

1.

MEETING CALLED TO ORDER

2.

PLEDGE OF ALLEGIANCE

3.

ROLL CALL

4.

APPROVAL OF MEETING MINUTES

a)

Planning & Community Development :

Planning Commission meeting minutes from December 11, 2024.

Meeting Minutes - 12/11/2024 (DRAFT).pdf

5.

ELECTION OF OFFICERS

a)

Planning & Community Development :

Election of Officers

6.

REVIEW OF BY-LAWS

a)

Planning & Community Development :

Review of Planning Commission By-Laws

Planning Commission By-Laws (DRAFT).pdf

7.

PUBLIC COMMENTS

Anyone wishing to address the Planning Commission on any non-agenda item should complete a comment slip and submit it to the Clerk.

8.

AGENDA ITEMS

a)

Planning & Community Development :

Resolution 25-03, Case SUP.24.0004

Request for a Special Use Permit to allow for a sidewalk café with alcoholic beverage sales; to be located at 406 12 th Street West (Parcel ID 3319400002) in the T5 (Urban Center) transect zoning district. Application filed by Robert Allen Woodring (agent) for CBR Holdings, LLC (owner).

Resolution 25-03 (DRAFT).pdf

Agent Authorization Form.pdf

Sidewalk Cafe Layout / Site Plan.pdf

AGENDA BRADENTON PLANNING COMMISSION MEETING 2:00 p.m. Wednesday, January 15, 2025 101 OLD MAIN STREET, BRADENTON, FL 34205 1. MEETING CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MEETING MINUTES a) Planning & Community Development: Planning Commission meeting minutes from December 11, 2024. Meeting Minutes - 12/11/2024 (DRAFT).pdf 5. ELECTION OF OFFICERS a) Planning & Community Development: Election of Officers 6. REVIEW OF BY-LAWS a) Planning & Community Development: Review of Planning Commission By- Laws Planning Commission By-Laws (DRAFT).pdf 7. PUBLIC COMMENTS Anyone wishing to address the Planning Commission on any non-agenda item should complete a comment slip and submit it to the Clerk. 8. AGENDA ITEMS a) Planning & Community Development: Resolution 25-03, Case SUP.24.0004 Request for a Special Use Permit to allow for a sidewalk café with alcoholic beverage sales; to be located at 406 12th Street West (Parcel ID 3319400002) in the T5 (Urban Center) transect zoning district. Application filed by Robert Allen Woodring (agent) for CBR Holdings, LLC (owner). Resolution 25-03 (DRAFT).pdf 1

Agent Authorization Form.pdf Sidewalk Cafe Layout / Site Plan.pdf Staff Report.pdf b) Planning & Community Development: Resolution 25-02, Case SUP.24.0003 Request for a Special Use Permit to allow for a Club (Reception Center); to be located at 1720 Manatee Avenue West (Parcel ID 3370100004) in the UV (Urban Village) zoning district. Application filed by Adam and Kathleen LaFavre (owners). Resolution 25-02 (DRAFT).pdf Application Materials.pdf Staff Report.pdf c) Planning & Community Development: Ordinance 4035, Case CP.24.0363 An Ordinance of the City of Bradenton, Florida, amending objective 1.5.2 of the Future Land Use Element of the City's Comprehensive Plan and amending Objective 5.3, Policy 5.3.1, Policy 5.3.2, Policy 6.2.1 and Policy 6.2.5 of the Coastal Management and Conservation Element of the City's Comprehensive Plan, and adding Policy 5.3.1.1 and Policy 5.3.1.2 to the Coastal Management and Conservation Element of the City's Comprehensive Plan; providing for applicability; providing for severability; and providing for an effective date. Ordinance 4035 (DRAFT).pdf Application.pdf Strikethru Underline Amendment from Applicant.pdf Examples of Coastal High Hazard Area Regulations from Applicant.pdf Staff Report.pdf Schreiber (Email 05-10-2024).pdf Carter (Letter 05-10-2024).pdf Smith (Email 05-31-2024).pdf d) Planning & Community Development: Ordinance 4036, Case CP.24.0364 An Ordinance of the City of Bradenton, Florida, providing for amendment to the City of Bradenton Comprehensive Plan Future Land Use Map; changing the Future Land Use designation from High Density Residential to Urban Central Business District for property located at PIDs 3346800000, 3346600004, 3373700008, 3373500002, 3373300007, 3352500109, 3337900059, 3340600158, 3335100059, 3340910052, 3339500109, 3339000006, 3338800000 and more particularly described in the attached “Exhibit A”; providing for applicability; providing for severability; and providing for an effective date. Application filed by Katie LaBarr of Stantec, agent for Presbyterian Retirement Communities, Inc. Ordinance 4036 (DRAFT).pdf 2

Application.pdf Applicant Narrative.pdf Development Table Provided by Applicant.pdf Non-Binding Conceptual Plan.pdf Staff Report.pdf Schreiber (Email 05-10-2024).pdf Carter (Letter 05-10-2024).pdf Smith (Email 05-31-2024).pdf e) Planning & Community Development: Ordinance 4037, Case LU.24.0361 An Ordinance of the City of Bradenton, Florida, providing for an amendment to the City of Bradenton Land Use Atlas; changing zoning from T4-O (General Urban – Open) and T4-R (General Urban – Restricted) to T5 (Urban Center) for 15.9 acres located at PIDs 3346800000, 3346600004, 3373700008, 3373500002, 3373300007, 3352500109, 3337900059, 3340600158, 3338800000, 3340910052, 3335100059; providing for applicability; providing for severability; and providing for an effective date. Application filed by Katie LaBarr of Stantec, agent for Presbyterian Retirement Communities, Inc. Ordinance 4037.pdf Application.pdf Staff Report.pdf Schreiber (Email 05-10-2024).pdf Carter (Letter 05-10-2024).pdf Smith (Email 05-31-2024).pdf 9. DISCUSSION ITEMS 10. DIRECTOR'S REPORT 11. ANNOUNCEMENT OF CITY COUNCIL PUBLIC HEARING DATES 3

a) Planning & Community Development: City Council Public Hearing Dates December 18, 2024 Ordinance 4050, Case LU.24.2761 - Text Amendments for Tree & Land Preservation Board (passed 5-0). Ordinance 4051, Case RV.24.3327 - Right-of-Way vacation at 120 Manatee Ave. E. & 113 5th Ave. E. (passed 5-0). Resolution 24-101, Case SU.24.3686 - Special Use for Public Facility Use "Animal Resource Center" (passed 5-0). January 8, 2025 Resolution 25-01, Case SU.24.0001 - Sidewalk Cafe with Alcoholic Beverages at 424 12th St. W. (public hearing). February 12, 2025 Cases from January 15, 2025, Planning Commission Meeting. 12. ADJOURN All interested persons and parties may appear either in person and be heard or submit written comments regarding the above matter to the Planning and Community Development Director and they will be heard and considered. The hearing may be continued from time to time as necessary. Copies of the application or further information may be obtained from the Department of Planning and Community Development, 101 Old Main Street, Bradenton, Florida, 34205, or by calling (941) 932-9407. 4

NON-DISCRIMINATION STATEMENT: The City of Bradenton prohibits discrimination in all of its services, programs or activities on the basis of race, color, age, disability, sex, national origin, religion, genetic information or marital status. Persons with a disability needing a reasonable accommodation to participate in, or who require assistance or an alternative means for communication of program information such as Braille, large print, etc., should contact as soon as possible, but at least 48 hours in advance: City of Bradenton ADA/Title VI Coordinator 101 Old Main Street Bradenton, FL 34205 ADACoordinator@cityofbradenton.com 941-932-9470 TTY: 7-1-1 or 1-800-955-8771 La ciudad de Bradenton proveera servicio de interprete a las personas quienes su primer lenguage no es el ingles. Si necesita estos servicios, usted o su representante puede comunicar al ADA/Title VI Coordinator, 101 Old Main Street, Bradenton, FL 34205. Tambien puede llamar al (941) 932-9470 o enviar correo electronico a ADACoordinator@cityofbradenton.com 5

AGENDA ITEM NO. 4.a Item Cover Page DATE: January 15, 2025 SUBMITTED BY: Greg DeLong, Planning & Community Development ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MEETING MINUTES SUBJECT: Planning Commission meeting minutes from December 11, 2024. SUGGESTED ACTION: Approve as submitted. PLANNING COMMISSION MEETING AGENDA ITEM REPORT Is this item Quasi-Judicial? No Does this item require a public hearing? Yes EXPLANATION: Review and approval of the meeting minutes from the December 11, 2024, Planning Commission meeting. FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: N/A SUGGESTED MOTION: Motion to approve the Planning Commission meeting minutes from December 11, 2024, as submitted. ATTACHMENTS: Meeting Minutes - 12/11/2024 (DRAFT).pdf 6

City of Bradenton, FL December 11, 2024 ABBREVIATED MINUTES PLANNING COMMISSION MEETING December 11, 2024 The Planning Commission met in the City of Bradenton Council Chambers, 101 Old Main Street, Bradenton, Florida at 2:00 p.m. PRESENT Planning Commission Members: Ben Bakker-Chair, Michael Neal-Vice Chair, Kurt Landefeld, Richard Whetstone, Michael Jones. City Staff: Scott Rudacille-City Attorney, Robin Singer-Planning and Community Development Director, Greg DeLong-Planning and Community Development Assistant Director, Lori Brunner-Planning and Community Development Administrative Assistant. REGULAR MEETING 1. Meeting was called to order by the Planning Commission Chair, Ben Bakker at 2:01 p.m. 2. Pledge of Allegiance. 3. Motion to approve the November 20, 2024, Meeting Minutes by Commissioner Landefeld, and seconded by Commissioner Whetstone. Motion passed unanimously. PUBLIC COMMENT No speakers came forward to speak on non-agenda items. Chair Ben Bakker asked if the Commissioners had any ex parte communication with any of the applications on today’s agenda. There were none. AGENDA ITEMS: Resolution 25-01; Case SUP.24.0001 A Resolution of the City Council of the City of Bradenton, Florida, granting Special Use Permit No. SUP.24.0001 to permit a sidewalk cafe with alcoholic beverage sales for property located at 424 12th Street West, Bradenton, Florida (Parcel ID No. 3319000000), in the T5 Urban Center Transect Zoning District; providing for severability; and providing for an effective date. Staff: Greg DeLong presented the Special Use Case request. Applicant: James Miller, 424 12th St. W., Bradenton, discussed the request for compliance, including seating and the alley. Mr. DeLong stated that staff is in the process of getting pre-existing businesses in compliance with regulations. Conditions were discussed. 7

City of Bradenton, FL December 11, 2024 Public Comment: Chair Bakker opened the Public Hearing. No one came forward in favor or in opposition. Public Hearing was closed. Motion: Commissioner Jones motioned to approve, and Commissioner Whetstone seconded. Motion passed unanimously. Final Order 24.0001, Case VAR.24.0001 Final Order of the Planning Commission for the City of Bradenton, Florida, to allow for two ground signs with a total square footage exceeding 32 square feet for a residential development located at 2364 Everson Street, Bradenton, Florida (Parcel ID No 1384701109), as more particularly described herein; providing for severability; providing for recordation; and providing for an effective date. Staff: Greg DeLong explained the case in reference to the signage. Applicant: Michelle Satterfield, Fast Signs, 3901 W. Kennedy Blvd., Tampa, on behalf of the community. She showed diagrams and maps, then explained the reason for the shape of the proposed sign. There was a Board discussion about the possible blockage of the backflow system and utilities of the community, as well as the access to both. Mr. DeLong reviewed the proposal and stated that it meets the Comprehensive Plan, and the variance criteria was met and is consistent with the Land Use Regulations. Public Comment: Chair Bakker opened the Public Hearing. No one came forward in favor or in opposition. Public Hearing was closed. Motion: Commissioner Whetstone motioned to approve, and Commissioner Neal seconded. Motion passed unanimously. Director’s Report: Robin Singer stated that staff has received a draft of the Visioning Project which they are reviewing and hope to present it to City Council in January. They would then like to move forward on some code amendments and Comprehensive Plan amendments as necessary. Mr. DeLong stated that the next Planning Commission Meeting will be on January 15, 2025, and there will be 5 items on the agenda. He also went over Public Hearing dates set for the City Council meeting. 8

City of Bradenton, FL December 11, 2024 Adjournment: The meeting adjourned at 2:23 p.m. Ben Bakker, Chair Date NOTE: This is not a verbatim record. An audio recording of the meeting is available for a fee upon request. 9

AGENDA ITEM NO. 5.a Item Cover Page DATE: January 15, 2025 SUBMITTED BY: Greg DeLong, Planning & Community Development ITEM TYPE: Miscellaneous AGENDA SECTION: ELECTION OF OFFICERS SUBJECT: Election of Officers SUGGESTED ACTION: PLANNING COMMISSION MEETING AGENDA ITEM REPORT Is this item Quasi-Judicial? No Does this item require a public hearing? No EXPLANATION: 1. Election of Chairperson 2. Election of Vice-Chairperson FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: 10

AGENDA ITEM NO. 6.a Item Cover Page DATE: January 15, 2025 SUBMITTED BY: Greg DeLong, Planning & Community Development ITEM TYPE: Miscellaneous AGENDA SECTION: REVIEW OF BY-LAWS SUBJECT: Review of Planning Commission By-Laws SUGGESTED ACTION: Approve as submitted. PLANNING COMMISSION MEETING AGENDA ITEM REPORT Is this item Quasi-Judicial? No Does this item require a public hearing? No EXPLANATION: Review proposed updates to Article V - Order of Business, Item #6. Updates include: b. - Addition of "Introduction of agenda item from city staff." c. - "Presentation and comments from applicant" being placed before letter d. "Presentation and comments from city staff." f. - Addition of "Applicant rebuttal." Proposed modifications reflect recent changes to the meeting format to better enhance communication between the Commission and applicants. FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: Reviewed by City Attorney Rudacille. SUGGESTED MOTION: Motion to approve as submitted. ATTACHMENTS: 11

Planning Commission By-Laws (DRAFT).pdf 12

City of Bradenton – Planning Commission By-Laws 1 CITY OF BRADENTON PLANNING COMMISSION BY-LAWS ADOPTED JANUARY 15, 2025 ARTICLE I — SCHEDULING Section 1. The Planning Commission shall meet on the third Wednesday of each month at 2:00 p.m. in the City of Bradenton City Council Chambers unless circumstances require an alternate date and/or time. Section 2. Meeting cancellations may be called at the discretion of both the Chairperson and the Director of Planning and Community Development. Section 3. Special meetings may be called by the Chairperson, after consultation with the Director of the Department of Planning and Community Development, or by a majority of the Planning Commission. The notice of such a meeting shall specify the purposes of such a meeting and no other business may be considered, except by a unanimous consent of the Planning Commission. This notice shall contain the date, time, place and subject of the discussion. ARTICLE II — ELECTIONS Section 1. The Planning Commission shall elect officers, a Chairperson and Vice- Chairperson, each year at an annual organization meeting, which shall be held on the first meeting of each calendar year. A quorum of four members must be present for elections. Nomination of officers shall be made from among the members and election takes place immediately by show of hands, voice, rising, balloting, or roll call. A candidate receiving a simple majority vote of all members present is elected for a term of one year or until his or her successor shall take office. Officers are eligible for re-election. Vacancies in un- expired terms of office are filled immediately by regular election procedures. ARTICLE III — ROLES AND RESPONSIBILITIES Section 1. The Chairperson is the presiding officer at meetings and hearings of the Planning Commission and performs duties as described below: 1. Open and call the meeting to order. 2. Announce the business to be conducted. 3. Recognize members entitled to the floor. 4. State and put to vote all questions which are regularly moved or necessarily rise in the course of proceedings and to announce the result of the vote. 5. Speed up proceedings as much as possible. 6. Require order and sincerity in meeting. 7. Inform the group present to a point of order or a practice pertinent to pending business. 8. Authenticate, by his or her signature, when necessary, all actions, orders and proceedings of the Planning Commission. 13

City of Bradenton – Planning Commission By-Laws 2 Section 2. If the Chairperson is absent, the Vice-Chairperson shall serve as the presiding officer of the Planning Commission. Section 3. The Planning Commission shall also appoint a Secretary, who may be a member of City staff from the Department of Planning and Community Development. The Secretary shall assist the Planning Commission generally and is responsible for carrying out the following duties: 1. Keep records and minutes of meetings and hearings of the Planning Commission. 2. Keep a roll of the members and call this roll when required. 3. Notify officers and committees of their appointment and furnish committees with all papers referred to them. 4. Record the number of votes for and against each question put to vote. 5. Indicate any absences or disqualification from voting when a question is put to vote. 6. Arrange proper and legal notice of meetings and hearings. 7. Attend to correspondence of the Planning Commission. 8. Such other duties as are normally carried out by a Secretary or as authorized by the Chairperson of the Planning Commission. ARTICLE IV — ESTABLISHING A QUORUM Section 1. A simple majority of the total membership, or four members, constitutes a quorum of the Planning Commission. A simple majority vote of all members present, where there is a properly constituted quorum, is necessary to conduct any official business. A vote of a simple majority of the total membership, or four votes, is necessary for the adoption or amendment of the Planning Commission’s by-laws. ARTICLE V — ORDER OF BUSINESS Section 1. All meetings of the Planning Commission are public and shall adhere to the following order of business: 1. Call meeting to order. 2. Pledge of Allegiance. 3. Roll call. 4. Approval of Minutes. 5. Public Comment (non-agenda items). 6. Agenda items. a. Swearing in of witnesses b. Introduction of agenda item from city staff. c. Presentation and comments from applicant. d. Presentation and comments from city staff. e. Comments from citizens – citizen comments are limited to three (3) minutes unless prior permission is granted by the Chairperson. f. Applicant rebuttal. g. Discussion by Planning Commission members. 14

City of Bradenton – Planning Commission By-Laws 3 h. Motion (a second is required). 7. Discussion Items1 8. Director’s Report. 9. Announcement of City Council public hearing dates. 10. Adjournment. Section 2. Anyone wishing to address the Planning Commission on any subject: a. Shall be sworn in (for quasi-judicial hearings). b. Must be recognized by the presiding Chairperson. c. Must come forward to the microphone and state his or her name and address. d. Shall address the presiding Chairperson. ARTICLE VI—ADMINISTRATION Section 1. Minutes and records of all proceedings, including transactions, findings and determinations, will be filed in the office of the City Clerk by the secretary. Section 2. An agenda for each meeting, and materials pertinent to each matter included thereon, shall be sent to each member at least one (1) week in advance of the meeting date. Any materials supplemental to the original request, submitted by any party, shall be provided to the Planning Commission and Applicant or it will not be considered, except by majority vote of the Planning Commission. Section 3. In the performance of its duties, the Planning Commission may, with approval by the City Council, utilize personnel, equipment and services of any agency or office of the City. Section 4. In addition to these hearings required by law, the Planning Commission may hold public hearings at its discretion when it is apparent that such hearings are in the public interest. Due public notice of such hearings will be given as required by Florida Statutes. The matter before the Planning Commission may be presented in summary by the Chairperson or a designated member or person and all interested parties will be able to speak. A record will be kept by the Secretary of those speaking before the Planning Commission and no record of statement will be recorded or sworn to as evidence for any court of law without notice to the parties. Section 5. The public is welcome to comment on any matter brought before the Planning Commission at the appropriate meeting or by letter or email. Letters should be addressed to the Planning Commission, C/O City of Bradenton, Department of Planning and Community Development, 101 Old Main Street, Bradenton, FL 34205-7865 Section 6. These Rules of Procedure shall be supplemented by Roberts Rules of Order. Section 7. These Rules of Procedure shall be available for public inspection. 15

City of Bradenton – Planning Commission By-Laws 4 ARTICLE VII — AMENDMENTS Section 1. These rules may be amended by majority consent of all members of the Planning Commission. ARTICLE XI – EFFECTIVE DATE Section 1. These by-laws shall become effective upon adoption by the Board. PASSED AND ADOPTED BY THE PLANNING COMMISSION THIS ____ DAY OF ________________ 2025. PLANNING COMMISSION _____________________________________ Ben Bakker, Chairperson ATTEST: ____________________________________ Lori Brunner, Secretary REVIEWED AND APPROVED AS TO FORM: _____________________________________ Scott Rudacille, City Attorney 16

AGENDA ITEM NO. 8.a Item Cover Page DATE: January 15, 2025 SUBMITTED BY: Greg DeLong, Planning & Community Development ITEM TYPE: Resolution AGENDA SECTION: AGENDA ITEMS SUBJECT: Resolution 25-03, Case SUP.24.0004 Request for a Special Use Permit to allow for a sidewalk café with alcoholic beverage sales; to be located at 406 12th Street West (Parcel ID 3319400002) in the T5 (Urban Center) transect zoning district. Application filed by Robert Allen Woodring (agent) for CBR Holdings, LLC (owner). SUGGESTED ACTION: Motion to recommend either approval or denial of Resolution 25-03, Case SUP.24.0004. PLANNING COMMISSION MEETING AGENDA ITEM REPORT Is this item Quasi-Judicial? Yes Does this item require a public hearing? Yes EXPLANATION: Robert Allen Woodring (agent and owner) of the Lost Kangaroo Pub submitted a Special Use application requesting permission to allow a sidewalk café with alcoholic beverage sales at 406 12th Street West. While a sidewalk cafe has been in place at the subject property, the subject Special Use process will ensure compliance to the City of Bradenton’s Form Based Code and Land Use Regulations, should approval be granted by City Council. 17

According to the submitted application materials, the proposed café area will be located on the sidewalk along 12th Street West. Following is a summary of the request: Area size: 12’ x 45’ (sidewalk depth and unit width). Number of Tables: 4-tables. Number of Seats: 12-chairs and 2-wooden benches. Bussing and Hostess Stations: No. Table Umbrellas: No, due to an existing awning. Requesting permission to allow for the 2-wooden benches to remain on the sidewalk when the business is closed. FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: Reviewed by City Attorney Rudacille. SUGGESTED MOTION: Motion to recommend to City Council either approval or denial of Resolution 25- 03, Case SUP.24.0004. If the Commission wishes to recommend approval, staff recommends that the following stipulations be applied to the approval: a. The approved Resolution, including the approved site plan and conditions shall be on display and accessible on the Property during business hours. b. Within 30 days following the approval, the Property Owner shall execute an Indemnification Agreement in a form acceptable to the City. c. No more than 2-benches may remain on the sidewalk when the business is closed. The items shall be placed adjacent to the building unit. d. Clear pedestrian access on the public sidewalk of no less than 5’ shall be maintained at all times in a way that neither seating or tables affect the ingress/egress of travel, the safety or pedestrian and traffic circulation. e. The property/business owner shall obtain all State licenses permitting the sale of alcohol as part of the sidewalk café. f. Any cleaning solution used to clean the sidewalk café area shall be approved by the Bradenton Public Works. g. Any future increase in seating for the sidewalk café area shall be approved by City Council. ATTACHMENTS: Resolution 25-03 (DRAFT).pdf Agent Authorization Form.pdf Sidewalk Cafe Layout / Site Plan.pdf Staff Report.pdf 18

Resolution 25-03; Case SUP.24.0004 Page 1 of 6 RESOLUTION 25-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRADENTON, FLORIDA, GRANTING SPECIAL USE PERMIT NO. SUP.24.0004 TO PERMIT A SIDEWALK CAFÉ WITH ALCOHOLIC BEVERAGE SA