Planning Commission Meeting

# ABBREVIATED MINUTES

PLANNING COMMISSION MEETING

# October 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, Keith Green-Vice Chair, Michael Neal, Richard Whetstone, Michael Jones, Darin Autrey. 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, Chris Melser-Bradenton Fire Department Fire Marshal, Sgt. Perez-Bradenton Police Department.

## 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 September 17, 2025, Meeting Minutes by Commissioner Green, and seconded by Commissioner Neal.

## 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\. Case PLN-APL-25-0001:

An Appeal of the City of Bradenton’s Planning and Community Development Director’s determination that live music at 1114 12th Street West, Bradenton, FL 34205, constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R (General Urban Restricted) zoning district per Table 4.7 of the Form Based Code. Application filed by Cecilia Hernandez (property owner).

Staff: Robin Singer presented the case and showed the location map. She stated that recent neighborhood complaints about noise have brought this to the attention of the Planning and Community Development Department, as well as the Bradenton Police Department. She then explained that the venue has gone beyond restaurant use; it is more similar to outdoor auditorium use or outdoor amusement center, which are not permitted in the T4-R zoning district. She stated that the property owner is appealing the PCD Directors’ interpretation, and that this is not a Code Enforcement hearing; this is just what was used to make the determination of use. This information is found in the

* * *

Form Based Code Regulations. She went over the Village of the Arts overlay as well as the different zones within the area. Ms. Singer showed maps and photos of the property. Reports from Code Enforcement, the Fire Marshal, and the Bradenton Police Department were provided in the packets. The PCD Directors’ determination is that the usage is most similar to Outdoor Auditorium, and also sometimes functions as Outdoor Amusement.

The Board discussed the relevance of the appeal and questioned what the use actually is. Ms. Singer went over the level of noise and the violations. Sgt. Perez, Bradenton Police Department, went over the calls he has received of complaints at the restaurant. He stated that his upon first encounter with the restaurant, he issued a verbal warning. He then returned and issued a written warning. Upon his third encounter, he cited the restaurant with a violation. Sgt. Perez explained that he went to the location 36 times (since April) for mostly noise complaints, as well as various others. He discussed the frequency of the calls that they receive. Chris Melser, Fire Marshal, stated that they observed 50 to 60 chairs in the back area of the restaurant (when questioned by Commissioner Autrey); there should be under 50 as the property is listed as a mercantile/restaurant.

Applicant: Cecilia Hernandez (property owner), 3618 1st Avenue West, Bradenton, stated that she is the property owner and co-owner of Cottonmouth. She said that she is appealing the August 5, 2025, determination by the City’s Planning and Community Development Director to the related red tag enforcement. Her appeal asks that the determination be overturned, and the red tag be rescinded allowing them to continue hosting live music as a part of their normal restaurant operations while the City works to align zoning and a policy that allows the creative purpose of the Village of the Arts. She described the case and asked that it be overturned. David Shiplett, 1503 11th Street West, Bradenton, Cottonmouth business owner, explained his years of business experience and events. He stated that the Village of the Arts needs live music and discussed the case.

The Board discussed noise vs. the determination of use.

Public Comment: Chair Bakker opened the Public Hearing.

Those who spoke in favor of the appeal:

Zoe Von Averkamp, 1129 12th Street West. (also submitted article). Carol A. D’Aste, 1105 12th Street West. Nellie King, 1207 11th Avenue West. Gene Tenery, 1115 13th Street West. Carrie Price, 1122 12th Street West. Claudia Wizner, 1115 13th Street West. Dona Musitano, 1010 10th Avenue West. Preston Whaley, Jr., 1122 12th Street West.

Those who spoke in opposition of the appeal:

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Nicole Skaggs, 7216 16th Avenue Drive West. Mark Thompson, 7211 15th Avenue Drive West. Matthew S. Farmer, 1001 12th Avenue West. Bill Webster, 7819 San Juan Avenue. Katja Kempe, 3618 1st Avenue West. (handout). Annie Russini, 111 12th Street West. Kyle Morris, 1001 11th Avenue West. Will Webster, 1221 12th Street West. Andrew Schroeder, 1302 13th Avenue West.

Public Hearing was closed.

Applicant: Mr. Shiplett discussed contracts, lawsuits, and shows. He stated that he follows all of the rules. Ms. Hernandez mentioned a picture of Dave’s website that states nothing of a fee. She then went over the appeal and gave her opinion of what it means for Bradenton.

Commissioner Green asked City Attorney Scott Rudacille about adding stipulations to the motion. Mr. Rudacille responded that he would not recommend as this is a determination under the zoning code. He then stated that this issue has been raised with the City Council and that they are planning a workshop in the near future. Any stipulations would need to be part of that process. Commissioner Green gave his commentary and said that this has given him a lot to think about. Commissioner Neal asked about the overlay and its’ allowable uses. Ms. Singer explained the uses as related to Cottonmouth. Commissioner Autrey stated that the task today is to determine if the Director made the classification correctly and it has nothing to do with the noise. He discussed the scope of the use. Chair Bakker stated that this has been a difficult situation, as he relates personally to many of the people in the audience. He is trying to make the best decision, and he went over all of the areas that were discussed.

Motion: Commissioner Neal motioned to approve the appeal which reverses the administrative decision of the Planning and Community Development Director. Commissioner Green seconded. 4 voted yes and 2 voted no.

Motion to continue Ordinance 4064, Case PLN-TXT-25-0002 to the next meeting. Commissioner Neal motioned to continue the ordinance to the November 19th meeting. Commissioner Green seconded. Motion passed unanimously.

## DISCUSSION ITEMS:

Approval of the 2026 Planning Commission meeting calendar, with a change to November 2026. Commissioner Neal motioned to approve the Planning Commission calendar for 2026, with a change to November 4, 2026. Commissioner Green seconded. Motion passed unanimously.

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## DIRECTOR’S REPORT:

Ms. Singer stated that there will be discussion on entertainment venues in the near future with City Council which may also include Village of the Arts. Mr. DeLong stated that next month’s agenda will be very long.

Adjournment: The meeting adjourned at 4:20 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.

AGENDA

BRADENTON PLANNING COMMISSION MEETING

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

101 OLD MAIN STREET, BRADENTON, FL 34205

REVISED AGENDA

1.

MEETING CALLED TO ORDER

2.

PLEDGE OF ALLEGIANCE

3.

ROLL CALL

4.

APPROVAL OF MEETING MINUTES

a)

Planning & Community Development : Meeting minutes from the September 17, 2025, Planning Commission meeting.

Approve as submitted.

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Meeting Minutes - September 17, 2025 (DRAFT).pdf

5.

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.

6.

AGENDA ITEMS

a)

Planning & Community Development : Case PLN-APL-25-0001:

An Appeal of the City of Bradenton’s Planning and Community Development Director’s determination that live music at 1114 12 th Street West, Bradenton, FL 34205, constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R (General Urban Restricted) zoning district per Table 4.7 of the Form Based Code. Application filed by Cecilia Hernandez (property owner).

Review and determine if the Appeal is to be granted or denied.

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Final Order (DRAFT).pdf

Application.pdf

Cottonmouth PCD Determination.pdf

Staff Report.pdf

BPD Action Report - Cottonmouth.pdf

Code Enforcement Review - Cottonmouth.pdf

Code Enforcement Photos.pdf

BFD Review - Cottonmouth.pdf

CRA Grant Application.pdf

Correspondence Carrie Price.pdf

Combined Correspondence Before 10-3-2025.pdf

b)

AGENDA BRADENTON PLANNING COMMISSION MEETING 2:00 p.m. Wednesday, October 15, 2025 101 OLD MAIN STREET, BRADENTON, FL 34205 REVISED AGENDA 1. MEETING CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MEETING MINUTES a) Planning & Community Development: Meeting minutes from the September 17, 2025, Planning Commission meeting. Meeting Minutes - September 17, 2025 (DRAFT).pdf 5. 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. 6. AGENDA ITEMS a) Planning & Community Development: Case PLN-APL-25-0001: An Appeal of the City of Bradenton’s Planning and Community Development Director’s determination that live music at 1114 12th Street West, Bradenton, FL 34205, constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R (General Urban Restricted) zoning district per Table 4.7 of the Form Based Code. Application filed by Cecilia Hernandez (property owner). Final Order (DRAFT).pdf Application.pdf Cottonmouth PCD Determination.pdf Staff Report.pdf BPD Action Report - Cottonmouth.pdf Code Enforcement Review - Cottonmouth.pdf Code Enforcement Photos.pdf 1

BFD Review - Cottonmouth.pdf CRA Grant Application.pdf Correspondence Carrie Price.pdf Combined Correspondence Before 10-3-2025.pdf b) Planning & Community Development: Ordinance 4064, Case PLN-TXT-25- 0002: An Ordinance of the City of Bradenton, Florida, amending the City of Bradenton’s Land Use Regulations, Chapter 5, General Regulations, Sections 5.1.2.7 and 5.2.2.4 “Fences and Hedges”, to modify fence heights in proximity to streets and to modify dimensional standards for visibility triangles and Chapter 10, Definitions, to add the definition of “Principal Entrance”, modify the definition of a “Lot” more particularly a rear lot line along an alley, modify the definition of “Double Frontage Lot” more particularly what is considered a rear lot line, and “Visibility Triangle or Vision Triangle” removing the dimensional standards; providing for codification; providing for the repeal of ordinances in conflict; providing for severability; and providing for an effective date. Application filed by the City of Bradenton Department of Planning and Community Development. 7. DISCUSSION ITEMS a) Planning & Community Development: Review and approval of the 2026 Planning Commission meeting calendar. 2026 Calendar - City of Bradenton DRAFT.pdf 8. DIRECTOR'S REPORT 9. ANNOUNCEMENT OF CITY COUNCIL PUBLIC HEARING DATES a) Planning & Community Development: December 10, 2025: PLN-SUP-25-0012 | 512 25th Street West | Club (Event Center) To Be Scheduled: PLN-TXT-25-0002 | Text Amendment for Fences 10. 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. 2

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 941-932-9400 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 3

AGENDA ITEM NO. 4.a Item Cover Page DATE: October 15, 2025 SUBMITTED BY: Greg DeLong, Planning & Community Development ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MEETING MINUTES SUBJECT: Meeting minutes from the September 17, 2025, Planning Commission meeting. 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 and approval of the meeting minutes from the September 17, 2025, Planning Commission meeting. FINANCIAL IMPACT: N/A ATTORNEY REVIEW/RECOMMENDATION: N/A SUGGESTED MOTION: Motion to approve the meeting minutes from the September 17, 2025, Planning Commission meeting, as submitted. ATTACHMENTS: Meeting Minutes - September 17, 2025 (DRAFT).pdf 4

City of Bradenton, FL September 17, 2025 ABBREVIATED MINUTES PLANNING COMMISSION MEETING September 17, 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, Keith Green-Vice Chair, Michael Neal, Richard Whetstone, Michael Jones, Darin Autrey, Jason “JB” Taylor. City Staff: Scott Rudacille-City Attorney, Greg DeLong-Planning and Community Development Assistant Director, Jamie Schindewolf-Senior Planner, Lori Brunner-Planning and Community Development Administrative Assistant, Dawn Jani-Public Works Engineering Plans Reviewer. REGULAR MEETING 1. Meeting was called to order by the Planning Commission Chair, Ben Bakker at 2:02 p.m. 2. Pledge of Allegiance. 3. Motion to approve the August 20, 2025, Meeting Minutes by Commissioner Taylor, and seconded by Commissioner Whetstone. 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 25-84, Case PLN-SUP-25-0016: A Resolution of the City Council of the City of Bradenton granting Special Use Permit PLN-SUP-25-0016 authorizing a dock for property separated from a body of water by a public right-of-way or public property at 2101 Riverview Blvd, Bradenton, Florida. Staff: Jamie Schindewolf presented the case. She explained the case and showed maps and photos. She also went over staff recommended stipulations and stated that the proposed use of the dock meets general criteria. Dawn Jani, Public Works Engineering Plans Reviewer, spoke about the general use criteria. She discussed the stipulations and how they should be worded. Applicant: Jesus, licensed contractor for Mariner (inaudible), 4802 Lena Road, Bradenton. He stated that he is representing the homeowner and went over the purpose of reconstructing the existing dock. 5

City of Bradenton, FL September 17, 2025 Public Comment: Chair Bakker opened the Public Hearing. Public Hearing was closed. Motion: Commissioner Taylor motioned to approve with an amendment to Stipulation #1, adding that amenities to the dock shall meet the requirements of the City of Bradenton Ordinances, as well as Stipulation #2, lighting must be according to FDP, and adding Stipulation #4, any extension of water or electric services, staging of equipment and materials, or access in or across the public right-of-way shall require proper use permitting. Commissioner Green seconded. DISCUSSION ITEMS: Greg DeLong handed out a draft of proposals to amend the Land Use Regulations concerning fences and hedges, as well as setbacks in alley ways. Staff would like to better define streets vs. alley ways. He stated that there will be more changes moving forward. The Board discussed the proposed amendments. Mr. DeLong said a new draft will be brought to the October meeting. DIRECTOR’S REPORT: Mr. DeLong stated that there are agenda items for the October meeting. Adjournment: The meeting adjourned at 2:35 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. 6

AGENDA ITEM NO. 6.a Item Cover Page DATE: October 15, 2025 SUBMITTED BY: Robin Singer, Planning & Community Development ITEM TYPE: Resolution AGENDA SECTION: AGENDA ITEMS SUBJECT: Case PLN-APL-25-0001: An Appeal of the City of Bradenton’s Planning and Community Development Director’s determination that live music at 1114 12th Street West, Bradenton, FL 34205, constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R (General Urban Restricted) zoning district per Table 4.7 of the Form Based Code. Application filed by Cecilia Hernandez (property owner). SUGGESTED ACTION: Review and determine if the Appeal is to be granted or denied. PLANNING COMMISSION MEETING AGENDA ITEM REPORT Is this item Quasi-Judicial? Yes Does this item require a public hearing? Yes EXPLANATION: The owner of Cottonmouth is appealing a determination of the Planning and Community Development Director that the entertainment use of the property is not permitted in the T4-R zoning district. The Planning and Community Development Director has determined that the use is most similar to the defined uses of Outdoor Amusement Center or Outdoor Auditorium, which are prohibited in this zoning district. The petitioner disagrees with this determination. FINANCIAL IMPACT: 7

N/A ATTORNEY REVIEW/RECOMMENDATION: This has been discussed with the City Attorney, and it is properly before the Planning Commission for the appeal of an administrative determination in the Form Based Code. SUGGESTED MOTION: Review and determine if the Appeal is to be granted or denied. ATTACHMENTS: Final Order (DRAFT).pdf Application.pdf Cottonmouth PCD Determination.pdf Staff Report.pdf BPD Action Report - Cottonmouth.pdf Code Enforcement Review - Cottonmouth.pdf Code Enforcement Photos.pdf BFD Review - Cottonmouth.pdf CRA Grant Application.pdf Correspondence Carrie Price.pdf Combined Correspondence Before 10-3-2025.pdf 8

PLN-APL-25-0001 Page 1 of 4 5357048v1 FINAL ORDER APPEAL PLN-APL-25-0001 FINAL ORDER OF THE PLANNING COMMISSION FOR THE CITY OF BRADENTON, FLORIDA, DENYING APPEAL NO. PLN-APL-25-0001 Case PLN-APL-25-0001: AN APPEAL OF THE PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR’S DETERMINATION THAT THE LIVE MUSIC USES AT 1114 12TH STREET WEST, BRADENTON FLORIDA 34205, ARE CLASSIFIED AS AN OUTDOOR AUDITORIUM, BOTH OF WHICH ARE PROHIBITED IN THE T4-R (GENERAL URBAN RESTRICTED) ZONING DISTRICT PER TABLE 4.7 OF THE FORM BASED CODE; FOR PROPERTY LOCATED AT 1114 12TH STREET WEST, BRADENTON, FLORIDA (PARCEL ID 4367700004), AS MORE PARTICULARY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cecilia Hernandez (“Property Owner” or “Applicant”) owns the property located at 1114 12th Street West, Bradenton, Florida (Parcel ID 4367700004), more particularly described in Exhibit “A” (the “Property”); and WHEREAS, the City of Bradenton Comprehensive Plan’s Future Land Use Element designates the Property as UV (Urban Village); and WHEREAS, the City of Bradenton Official Zoning Map classifies the Property as T4-R (General Urban Restricted); and WHEREAS, the City of Bradenton Form Based Code, Article 12 defines Outdoor Auditorium as “ a place of open-air (outdoor) assembly, consisting of a central space or stage for performance open to the sky or partially covered or enclosed”; and WHEREAS, the City of Bradenton Form Based Code provides for the permitted, special use and not allowed uses in Table 4.7 and lists Outdoor Auditorium as a use that is not allowed in the T4-R zoning district; and WHEREAS, the Property contains a restaurant use and also hosts live music events; and WHEREAS, on August 5, 2025 the Planning and Community Development Director issued a written interpretation finding that the live music venue on the Property should be classified as an Outdoor Auditorium; and 9

PLN-APL-25-0001 Page 2 of 4 5357048v1 WHEREAS, the Property Owner submitted an application to appeal the PCD Director’s classification of the live music uses on the Property; and WHEREAS, the Planning Commission held a noticed public hearing on October 15, 2025, at which the Planning Commission received testimony and evidence from the Applicant, City Planning staff, and members of the public in attendance; and WHEREAS, the record of the public hearing, including the staff report and Applicant submittal materials, are hereby incorporated and made a part of this Final Order. NOW, THEREFORE, the Planning Commission makes the following Findings of Fact and Conclusions of Law and issues the Final Order as follows: Section 1. Findings of Fact and Conclusions of Law. After considering the evidence on the record and that presented at public hearing, including the staff report, the Planning Commission hereby makes the following Findings of Fact: a. The Whereas clauses contained herein are hereby adopted as Findings of Fact. b. The Property Owner has requested an appeal an administrative decision of the Planning and Community Development Director’s determination that the live music on the subject property constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R zoning district in the Form Based Code. c. Pursuant to Section 1.8.c, Appeal of the Decision of the Planning and Community Development Director, the Planning commission is authorized to hear and decide appeal filed by an aggrieved person in which it is alleged that there is an error in any interpretation of a regulations applicable to properties within the Form Based code Zone Districts made by the PCD Director. Section 2. Order. Based upon the foregoing, the appeal is hereby denied and the Planning and Community Development Director’s determination that the live music on the subject property constitutes an Outdoor Amusement Center or Outdoor Auditorium, both of which are prohibited in the T4-R zoning district in the Form Based Code is upheld for the Property. Section 3. Severability. In the event that any portion or section of this Order is determined to be invalid, illegal or unconstitutional by a court of competent 10

PLN-APL-25-0001 Page 3 of 4 5357048v1 jurisdiction, such decisions shall in no manner affect the remaining portions or sections of the Variance which shall remain in full force and effect. Section 4. Effective Date. This Order shall be effective upon adoption. ORDERED ON BEHALF OF THE CITY OF BRADENTON THIS 15th DAY OF OCTOBER 2025. THE CITY OF BRADENTON, BY AND THROUGH THE PLANNING COMMISSION OF THE CITY OF BRADENTON ATTEST: Lori Brunner Benjamin Bakker CLERK CHAIR 11

PLN-APL-25-0001 Page 4 of 4 5357048v1 EXHIBIT “A” Legal Description: LOT 5 BLK 2 EMMA HARRIS SUB PI#43677.0000/4 12

PLN-APL-25-0001 File Date: 08/27/2025 Application Status: New Assigned To: Application Name: Application Detail: Detail Scope of Work: I. Introduction This appeal challenges both (a) the red tag/stop work order issued against Cottonmouth Southern Soul Kitchen, and (b) the PCD Director’s August 5, 2025, determination that live Cottonmouth constitutes an “Outdoor Amusement” or “Outdoor Auditorium” use prohibited in the T4-R zoning district. Cottonmouth is a licensed restaurant, which is a permitted use. Live music i — not a standalone commercial use — and is properly recognized as an accessory activity, not misclassified as a prohibited use. II. Grounds for Appeal • Live Music as Accessory Use: Cottonm a restaurant. Live music is occasional, not ticketed, not marketed as a separate venue, and is designed only to enhance the dining atmosphere. Accessory uses that support primary permitted u under zoning principles. • Error in Applying Article 12 Definitions: PCD cited Article 12 definitions of “Outdoor Amusement” and “Outdoor Auditorium.” These definitions clearly describe primary en such as theaters, amphitheaters, and amusement facilities. Cottonmouth does not fit these categories — no admission is charged, no permanent performance structures exist, and food service activity. • Procedural Inconsistency: After the red tag, a City inspector directed Cottonmouth to apply for a Special Use Permit. Cottonmouth complied in good faith, but the PCD then barred the a that the use is not eligible in T4-R. This inconsistency leaves no viable process for resolution. • Alignment with the Village of the Arts Overlay District (VAOD) & Redevelopment Goals: The Villag District (VAOD) was created to enable a unique mix of home-based and business uses supporting visual and cultural arts, while preserving residential character. Cottonmouth’s combination of fo music exemplifies the cultural and creative vibrancy that the VAOD was designed to encourage. Restricting incidental live music undermines both the VAOD’s intent and the City’s broader efforts Village as a thriving arts-driven district. • Good-Faith Neighbor Coordination: Co-owner Dave Shiplett and the adjacent Yoga Arts business owner (Preston) shared a weekend event calendar to a ensuring music did not overlap with yoga sessions. Cottonmouth invited Preston to attend sound checks to validate decibel readings, but he declined participation. These steps show Cottonmou cooperation and reasonable accommodation, despite repeated complaints from a single neighbor. • Proactive Compliance: In the past, admission was occasionally charged for certain live music the City’s concern, Cottonmouth has discontinued charging for music entirely. All live music is now incidental to dining, provided without separate admission or ticketing, fully aligning with the acc framework. III. Requested Relief The Planning Commission should: - Overturn the PCD Director’s determination dated August 5, 2025. - Rescind the red tag/stop work order. - Recognize that Co eliminated ticketed admission for music, now operates as a permitted restaurant use in the T4-R district, with incidental live music as an accessory activity. IV. Conclusion Cottonmouth has acted complied with City directives, and made repeated efforts to coordinate with neighbors. The PCD’s determination was based on a misapplication of the Form-Based Code and denies Cottonmout these reasons, we respectfully request that the Planning Commission overturn the August 5 decision and allow Cottonmouth to continue operating as a permitted restaurant with incidental live m Application Type: Appeal Documents: File Name Document Group Category Description Type Document Status Docum Cottonmouth_Appeal_Pac... PLANNING Other Cottonmouth Appeal ... application/pdf Uploaded 08/27/2 Show all Address: 1114 12TH St W, BRADENTON, FL 34205 Owner Name: Hernandez Cecilia Owner Address: 3618 1st Ave W, BRADENTON, FL 34205 Parcel No: 4367700004 Licensed Professionals Info: Primary License Number License Type Name Business Name Business License # Application Comments: View ID Comment Date Initiated by Product: ACA Contact Info: Name Organization Name Contact Type Status Cecilia Hernandez Cottonmouth Sou... Applicant Active Job Value: $0.00 Total Fee Assessed: $0.00 Total Fee Invoiced: $0.00 Balance: $0.00 Custom Fields: APPEAL INFORMATION Project Name Accessory Activity - Music Original Project Number None Type of Decision Being Appealed Administrative/PCD Director Reason for Appeal This appeal challenges both (a) the red tag/stop work order issu ed against Cottonmouth Southern Soul Kitchen, and (b) the PC D Director’s August 5, 2025, determination that live music at Co ttonmouth constitutes an “Outdoor Amusement” or “Outdoor Au ditorium” use prohibited in the T4-R zoning district. Cottonmouth is a licensed restaurant, which is a permitted use. Live music is incidental to dining — not a standalone commerci al use — and is properly recognized as an accessory activity, n ot misclassified as a prohibited use. MEETING INFORMATION Meeting Type Date Status Workflow Status: Task Assigned To Status Status Date Action By Intake Jamie Schindewolf Case Manager Building Review Public Works Review Planning Review Fire Review Other Reviews Review Consolidation DRC Planning Commission City Council #1 Menu Reports Help 8/27/25, 3:42 PM Record Details https://bradenton-prod-av.accela.com/portlets/web/en-us/#/core/spacev360/bradenton.plnapl250001 1/2 13

Task Assigned To Status Status Date Action By City Council #2 Condition Status: Name Short Comments Status Apply Date Severity Action By Scheduled/Pending Inspections: Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections: Inspection Type Inspection Date Inspector Status Comments 8/27/25, 3:42 PM Record Details https://bradenton-prod-av.accela.com/portlets/web/en-us/#/core/spacev360/bradenton.plnapl250001 2/2 14

Appeal of PCD Determination & Red Tag Enforcement Applicant Information Applicants: Cecilia Hernandez & Dave Shiplett, Co-Owners, Cottonmouth Southern Soul Kitchen Subject Property: 1114 12th St W, Bradenton, FL 34205 Date of PCD Director Determination: August 5, 2025 Appeal Deadline: September 4, 2025 I. Introduction This appeal challenges both (a) the red tag/stop work order issued against Cottonmouth Southern Soul Kitchen, and (b) the PCD Director’s August 5, 2025, determination that live music at Cottonmouth constitutes an “Outdoor Amusement” or “Outdoor Auditorium” use prohibited in the T4-R zoning district. Cottonmouth is a licensed restaurant, which is a permitted use. Live music is incidental to dining — not a standalone commercial use — and is properly recognized as an accessory activity, not misclassified as a prohibited use. II. Grounds for Appeal • Live Music as Accessory Use: Cottonmouth’s principal use is a restaurant. Live music is occasional, not ticketed, not marketed as a separate venue, and is designed only to enhance the dining atmosphere. Accessory uses that support primary permitted uses are allowed under zoning principles. • Error in Applying Article 12 Definitions: PCD cited Article 12 definitions of “Outdoor Amusement” and “Outdoor Auditorium.” These definitions clearly describe primary entertainment venues, such as theaters, amphitheaters, and amusement facilities. Cottonmouth does not fit these categories — no admission is charged, no permanent performance structures exist, and food service is always the primary activity. • Procedural Inconsistency: After the red tag, a City inspector directed Cottonmouth to apply for a Special Use Permit. Cottonmouth complied in good faith, but the PCD then barred the application, stating that the use is not eligible in T4-R. This inconsistency leaves no viable process for resolution. 15

• Alignment with the Village of the Arts Overlay District (VAOD) & Redevelopment Goals: The Village of the Arts Overlay District (VAOD) was created to enable a unique mix of home- based and business uses supporting visual and cultural arts, while preserving residential character. Cottonmouth’s combination of food, art, and live music exemplifies the cultural and creative vibrancy that the VAOD was designed to encourage. Restricting incidental live music undermines both the VAOD’s intent and the City’s broader efforts to revitalize the Village as a thriving arts-driven district. • Good-Faith Neighbor Coordination: Co-owner Dave Shiplett and the adjacent Yoga Arts business owner (Preston) shared a weekend event calendar to avoid conflict, ensuring music did not overlap with yoga sessions. Cottonmouth invited Preston to attend sound checks to validate decibel readings, but he declined participation. These steps show Cottonmouth’s commitment to cooperation and reasonable accommodation, despite repeated complaints from a single neighbor. • Proactive Compliance: In the past, admission was occasionally charged for certain live music events. Recognizing the City’s