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From YouTube: Planning and Zoning Board October 15, 2018
Description
Description
A
A
A
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D
Is
a
quasi
judicial
proceeding
where
the
Planning
and
Zoning
Board
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
at
a
quasi-judicial
hearing,
it
is
not
the
board's
function
to
make
law,
but
rather
to
bylaw
that
has
already
been
established
in
a
quasi
judicial
hearing.
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
apply
those
findings
of
fact
to
previously
establish
criteria
containing
the
Code
of
Ordinances
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
D
The
board
may
only
consider
evidence
at
the
hearing
that
the
law
considers
competent,
substantial
and
relevant
to
the
issues.
If
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
established
in
the
code,
then
the
board
is
required
by
law
to
find
in
favor
of
the
applicant,
by
the
same
token,
of
the
competent,
substantial
and
relevant
evidence.
The
hearing
demonstrates
that
the
applicant
has
failed
to
meet
the
criteria
established
in
the
code
of
ordinance
and
the
board
is
required
by
law
to
fight
against
the
applicant.
D
A
All
right
guess
that
brings
us
to
item
number
four:
that's
application:
18,
103
and
18
104,
conditional
use
and
site
plan
approval.
These
are
modifications
of
a
previously
approved
conditional
use
in
site
plan
resolution,
2017
42
for
a
610
unit
mini
warehouse
in
the
highway
business
district
located
at
38,
932
US
Highway
19
north.
Do
we
have
a
staff
presentation?
Yes,.
E
We
do
good
evening,
everyone
Heather
earlier
for
the
staff
and
staff
on
this
application.
This
is
a
modification
of
to
add,
essentially
46
units
to
an
existing
mini
warehouse
project.
That's
currently
under
construction
adjacent
to
the
los
mexicanos
restaurant.
If
you're
aware
of
what's
happening
on
all
19
they're,
currently
in
construction,
they
have
all
of
their
construction
approvals.
E
They
have
decided
that
they
want
to
modify
the
large
building
in
the
middle
of
the
project,
which
is
listed
as
building
1
on
your
application
and
they've.
Also,
subsequently,
their
approval
actually
separated
out
the
back
building
into
two
separate
buildings.
So
they're,
it's
the
same
number
of
units,
instead
of
being
one
larger
building
at
14
units,
they
just
separated
them
and
split
the
difference,
ones,
9
and
the
other
ones,
5
I,
think,
and
so
they
have.
E
They
get
received
a
parking
variance
originally,
when
the
project
was
approved
and
subsequent
to
this
change,
they've
not
exceeded
that
parking
variant,
so
they
don't
need
any
additional
parking.
So
really,
this
modification
is
just
involved.
It's
not
so
much
the
square
footage,
but
just
how
that
square
footage
inside
the
existing
building
is
going
to
be
broken
up.
They're,
not
adding
additional
height
they're,
not
adding
anything
else
additional
to
the
building.
So
with
that,
I
can
answer
any
questions
you
might
have,
but
this
is
really
a
very
basic
modification
of
the
building
one.
So.
F
F
G
F
G
F
We
had
decided
actually
prior
to
securing
all
the
permits
when
they
decided
to
do.
This
was
about
two
days,
I
believe
before
our
original
planning
and
zoning
board
meeting,
and
we
didn't
want
to
stop
and
then
have
to
go
back
through
another
month,
the
TRC
we
wanted
to
get
the
site
under
construction,
and
so
we
said,
go
ahead
and
get
all
secure,
all
our
approvals
and
permits
prior
or
at
that
point,
based
on
what
we
had
and
then
come
in
and
do
this
modification.
G
E
C
D
D
A
D
G
A
All
right
motion
carries
that
brings
us
to
application.
18
1
1
special
area
plan,
transect
code,
amendment
appendix
B,
Code
of
Ordinances
amending
the
number
of
foodservice
seats
in
the
retail
building
function;
category
on
table
and
modifying
the
retail
building
function
from
limited
to
open
in
the
SDC.
F
E
Okay,
so
essentially,
what
this
is
is
this
is
a
amendment
to
the
special
area,
transect
code,
so
the
code
for
that
Aereo-
that
is,
the
CRA
district
and
the
Sponge
Docks,
there's
a
special
master
plan
with
several
different
types
of
transects,
which
are
actually
zoning
districts.
So
each
one
of
those
zoning
districts
within
that
transect
has
their
own
rules
that
apply
they're
very
different
than
the
rules
that
are
in
the
regular
general
zoning
code.
E
They
still
have
setbacks
and
they
still
have
a
lot
of
the
same
criteria,
but
they
have
a
more
specialized
way
of
presenting
material
and
there's
a
lot
more
flexibility
in
the
code
for
development.
I'll
give
you
an
example:
the
setbacks,
instead
of
being
minimums,
tend
to
be
maximum.
So,
instead
of
being,
it
must
be
15
feet
from
a
property
line,
it's
usually
somewhere
between
0
and
15
feet
of
the
property
line.
Okay.
So
it's
just
a
different
way
of
displaying
information
and
the
requirements
of
that
information
are
a
little
bit
different.
E
So
the
idea
is
more
of
building
function
and
looking
at
that
building's
function
and
interaction
with
both
the
private
and
public
part
of
the
of
a
property
rather
than
just
looking
at
what
is
allowed
and
not
allowed
on
a
particular
piece
of
property.
The
functions
a
little
bit
different.
It's
a
very
different
zoning
schema
than
what
you're
used
to
seeing
in
the
land
of
element
code.
E
That
just
gives
you
a
list
of
uses
and
if
you
fit
within
that
uses
and
you
can
fit
within
the
setbacks,
you
can
go
it's
a
little
different
here
that
you
still
do
have
a
use
table.
That's
involved!
It
just
tends
to
be
a
much
more
broadly
interpreted,
so
it
wouldn't
be
specific
retail
uses.
It
would
be
retail
as
a
use,
so
it
opens
up
more
flexibility
for
people
who
are
coming
into
those
areas
that
they
may
have
a
different
idea
of
use.
It's
a
more
entrepreneurial.
E
It
promotes
more
entrepreneurship
and
different
mixing
of
zone
of
uses
within
a
common
zone.
So
with
all
of
that,
what
essentially
you
have
before
you
is
the
areas
on
this
map
that
are
shown
in
red?
Those
are
the
areas
of
the
particulars
owning
district
that
we're
talking
about
the
zoning
district
that
we're
talking
about
is
this
SDC
and
SD
stands
for
a
special
district.
The
code
calls
out
special
districts
because
they
are
unique.
They
must
have
some
type
of
unique
feature
in
this
particular
district.
The
unique
feature
is
its
marine
commercial.
E
Okay,
we're
talking
about
that
area.
That's
on
Island
Drive,
the
types
of
uses
that
are
in
there
are
rusty
bellies
golf
star
charter
is
there.
This
is
just
below
here
is
where
Turtle
Cove
marinas
actual
marina
facility
is,
but
their
community
center
is
located.
Actually,
in
this
district
off
of
Roosevelt,
so
it's
a
very
unique
and
eclectic
district
with
that.
What
we're
looking
to
do
is
we're
going
to
make
a
couple
of
different
modifications.
E
If
you
look
in
your
backup,
you'll
see
the
ordinance
front
page
and
if
you
turn
to
the
second
page,
it's
exhibit
a1
the
first
table,
which
is
for
a
for
a
little
little
I
under
the
retail
section.
We're
making
one
simple
change:
we're
changing
from
40
seats
allowed
for
neighborhood,
retail
and
food
seating
to
49,
and
the
reason
why
we're
changing
to
49
is
49
is
the
business
occupancy
under
the
building
code.
E
Okay,
so
we're
looking
to
actually
provide
some
kind
of
synergy
here
between
what
they
were,
limiting
the
retail
use
in
our
land
of
El,
our
our
land
development
regulations
to
what's
actually
allowed
in
the
Florida
building
regulations.
So
that's
why
you
see
this
change
from
40
seats,
which
is
what's
currently
allowed
there
to
49
seats.
So
that's
the
first
of
the
first
component
of
this
that
we're
looking
to
change
the
second
component
on
the
next
page
that
we're
looking
to
change
is
within
the
SDC
district.
E
The
use
that's
allowed
here,
so
this
building
function
table,
which
is
this
for
each
able
that's
what
this
table
is
talking
about.
It's
the
bill.
It's
a
function
of
the
building
which
you
can
actually
use
the
building
for
okay,
those
types
of
functions,
residential
lodging
office,
retail,
industrial,
Civic,
okay,
those
are
further
defined
by
each
one
of
the
zoning
categories.
So
if
you
go
over
to
the
SDC,
the
marine
industrial
district
and
you
and
you
shoot
down
to
the
bottom
of
the
page
under
building
function,
you'll
see
that
the
use
is
limited.
E
Okay,
we're
actually
actually
asking
to
open
up
that
use
and
the
reason
why
we're
looking
to
open
up
that
use
is
because,
while
on
the
first
page
we're
reducing
or
changing
the
number
of
seats
from
40
to
49,
that's
not
sufficient
to
allow
for
some
of
the
interest
in
restaurants
and
things
that
we've
had
in
that
area.
Specifically,
we
have
a
project,
that's
coming
in
that's
a
fairly
large
restaurant
that
wants
to
go
along
Island
Drive.
E
They
restrict
it
out
of
that
district
right
now
at
this
point,
because
while
they
might
be
able
to
make
the
building
fit
on
the
property
and
they
might
be
able
to
get
the
parking
that
they
need
for
the
building,
the
zoning
district
doesn't
allow
them
to
have
the
number
of
seats
that
they
want
to
have
to
capitalize
on
the
building.
So
we're
asking
for
that
to
change
from
the
limited
use
to
the
open
use
category.
E
The
open
use
category
will
then
allow
them
for
a
restaurant
to
base
the
restaurant
size
on
what
the
property
will
sustain.
So
as
long
as
they
can
provide
parking,
and
as
long
as
they
can
provide
all
of
the
setbacks,
they
would
be
able
to
bring
forward
a
site
plan
to
show
you
what
they
want
to
do
right
now.
They
can't
get
to
that
point
because
they
hate
and
bring
you
a
site
plan
beyond
the
40
seats
that
they're
allowed
right
now,
because
of
the
fact
that
there
are
only
allowed
limited
use.
E
So
that's
the
wreath
at
the
Genesis
between
these
two
things
and
when
you
change
it
in
that's
the
table,
a
which
is
a
summary
table.
You
also
have
to
change
it
in
the
back
of
the
book
in
the
table,
5b,
which
is
the
same
change
that
you
see
here,
we're
going
from
the
limited
use
under
again
the
building
function
to
the
open
use.
So
that's
the
changes
that
you
see
here.
It
looks
like
I'm
doing
a
whole
lot.
I'm,
really
not
I'm
changing
a
couple
of
a
couple
of
building
functions
here.
E
H
E
Conditions
change
over
time
and
as
development
pressures
and
interest
in
this
district
right
now,
this
district
is
well
this
area
a
leased
island
drive,
has
experienced
and
really
not
so
much.
Neglect
is
just
not
real
interest
in
having
any
kind
of
development
go
there.
So
if
you
drive
down
Island
Drive
right
now,
you'll
see
three
houses,
two
of
which
are
in
the
process
of
being
demolished,
that
they
haven't
already
been
demolished,
and
one
house
that's
in
the
process
of
going
that
direction.
You'll.
C
E
E
You
don't
have
that
use
currently
allowed
for
the
size,
restaurants
that
are
looking
to
go
in
there
to
go
in
this
district,
so
wall
I
appreciate
the
work.
That's
gone
in
there
over
time,
the
desire
to
use
properties,
changes
and,
as
those
desires
change,
we
need
to
as
a
community
look
at
those
uses
and
determine
in
this
exact
forum,
whether
it's
appropriate
at
that
time
to
make
those
changes.
Okay,.
H
E
Well,
this
is
actually
for
several
applicants
and
you
actually
have
an
existing
restaurant
that
is
already
in
that
zoning
district.
That
would
need
this
accommodation
as
well
to
do
any
more
changes
to
their
building.
So
any
future
changes
to
the
existing
restaurant
that
is
in
this
district
will
need
that
change
as
well,
because
when
it
was
when
this
district
was
created,
it
was
created
as
it
became
a
nonconformity
which,
in
my
opinion,
was
inappropriate.
D
This
is,
you
know,
a
legislative
change.
That's
gonna
be
put
before
the
Board
of
Commissioners
to
actually
change
the
entire
zoning
category,
not
just
an
individual
applicant
looking
or
like
a
variance
or
a
change
in
his
zoning
categories,
though
it's
something
that
the
city
and
I
don't
want
to
presume
to
speak
for
the
city,
but
that
that's
something
this
type
of
a
change
in
general,
something
that
this
thing
wants
to
do
on
its
own,
for
the
benefit
of
anyone
who
might
want
to
develop
in
that
area,
not
for
a
specific
applicant.
Do
that
I.
C
E
Would
include
all
of
their
seating
so
right
now,
as
you
can
see,
as
you
are
aware,
of
rusty
alloys,
has
far
more
than
40
seats.
So
when
this
zoning
district
was
adopted,
it
adopted
it
was
adopted
in
such
a
way
that
it
didn't
really
accommodate
the
existing
use.
That
was
there.
So
we
need
to
balance
the
existing
use
against
the
need
for
that
that
mix
of
both
a
marine
and
commercial
district
they
didn't
again.
You
have
several
businesses
along
here,
including
the
existing
Gulf
Star.
E
That
is
looking
at
doing
some
kind
of
doing
it
like
a
twin
business,
where
they'll
have
their
business,
which
is
a
charter
fishing
business
which
is
a
marine
dependent
business
and
they
want
to
be
able
to
open
a
small
restaurant.
You
have
another
another
person
who
might
be
interested
in
opening
a
restaurant
they're
just
starting
to
come
into
our
into
our
into
our
community
and
say
we
would
really
like
to
explore
this.
So
we're
looking
at
this,
as
this
is
an
opportunity
to
provide
an
incentive
to
seek
redevelopment
here,
and
there
is
area.
E
A
E
Two
components:
the
49
seats
is
for
the
limited
use.
That's
changing
the
limited
use
section
to
limit
to
limit
that
from
40
seats
to
49,
and
then
we're
then
making
the
secondary
change
under
the
retail
category
for
the
building
function,
to
open
up
the
use
within
this
district.
So
there's
two
components
of
this,
but
again,
yes,
you're
you're!
You
are
right,
you're
going
going
from
40
to
49
seats
and
what
you
should
understand
is
the
building
occupancy
is
more
than
just
seats,
it's
actually
for
the
it's
actually
based
on
the
building
occupancy.
E
So
if
I
have
49
seats
or
I'm,
saying
I'm
having
49
seats,
if
I
have
employees
that
are
involved,
those
in
those
seats
are
reduced
by
the
number
of
employees
that
I
have
involved.
So
if
I
have,
if
I
have
you
know
six
employees,
then
I'm
gonna
reduce
the
number
of
seats
down
to
six.
So
it's
it's
a
utter
calculation.
But
again
it's
what
it
does.
E
That's
how
the
Florida,
Building,
Code,
adjusts
and
I
think
that
we
should
be
calibrating
the
codes
as
much
as
possible
to
kind
of
meet
one
another
so
that
we
don't
have
issues
where
I'm.
Looking
at
the
Florida
Building
Code
thing.
I
can
have
this
and
then
I
go
to
the
zoning
code
and
it
becomes
an
issue
or
it
becomes.
It
becomes
unfine.
E
An
infeasible
I
mean
that
might
not
seem
like
a
lot,
but
to
a
restaurateur
who
is
putting
a
lot
of
money
in
time
and
the
equipment
that
they
have
to
buy
for
the
restaurant
in
there.
That
number
of
seats
makes
a
huge
difference
in
the
profits
they
can
turn
and
how
quickly
they
can
make
that
that
a
profitable
venture
and
that's
something
that
we
need
to
be
sensitive
to
so.