e my recommendation is you go ahead and start the meeting under the advice of council I'll call this meeting to order uh local Planning Commission for the city of mider Beach for the Monday March 3rd meeting can you please call the rooll
chairman woff present commissioner Cloud pres commissioner Dylan here commissioner Noble commissioner Connelly here commissioner Mah here commissioner
L is late he late in route thank you uh this time is normally where we would seek out public comment but seeing no one here in the room from the public we'll skip that part and we'll go right on to the approval of the minutes for
February 2025 meeting if anyone uh has any amendments or changes to that please bring them forward if not we'll look for a motion to approve motion to approve okay we have a motion to approve the minutes as presented do we have a second second all right thank you Mr
Doan we have a we need to vote on that uh yeah we have a I was getting ready to do that thank you thanks for but thanks for keeping me on my toes though um we please call the rooll for the motion to approve the minutes as presented commissioner
Cloud what were we doing the motion to approve the minutes oh yes I approve in favor or do not yes commissioner Connelly yes commissioner Mar yes chairman wof yes thank you motion
passes to approve the minutes it's been a month we're all at of practice right so um under new the next item is new business uh 202-9251 districts um it has to do with the John's Pass Village Activity Center there was a few sections in the Land
Development regulations that had the reference to the old C1 zoning District the commercial tourist Zone zoning District as well as the C2 um is it Marine commercial District
the boardwalk area so as you can see in this ordinance it's pretty simple and straightforward this uh section 110-11 um is in the ldrs and is just a table noting all of the zoning districts
so you can see that C1 is renaming it to the John's Pass Village activity center and then removing that se to John's Pass Marine commercial oh we can add Mr Laro to the role thank you hey Matt glad you made it
safe okay so having read the summary and everything anybody got any questions or read the summary and the ordinance changes looks pretty simple housekeeping keep us in congruence with our new uh ordinances for our Activity
Center anyone got any questions anyone have a motion I make a motion to approve 20259 districts all right we have a motion do we have a second I'll second that thank you sir all right
I have a motion to the second to approve 2025-the on new business is 202 5-10 accessory structures all right so this is similar to the last ordinance that the John's Pass Village
Activity Center zoning District was created and the act the accessory structure section in the code references the old C1 and C2 zoning districts so this ordinance 20
25-10 goes through and um breaks down all the C1 zon breaks down the C1 zoning District by the character districts I'm trying to memorialize what was allowed previously
uh there are some small changes so we'll just go through through those character District by character District so in this one subsection One commercial core and traditional Village District
uh the change is that previously accessory structures could be in the side or rear yards the proposed is accessory structures may only be in the rear yard uh previously the setback was 2.5
ft in the rear and the proposed is the same as the principal structure going on to two the boardwalk character district is the exact same standards as previous the John's Pass Resort
transitional and low intensity mix use districts those are um R3 majority of them are R3 so lots on the water previously accessory structures could be in the side of rear yards with 5 foot and twoot
rear setback and the proposed is same placement but uh 5 foot rear and side setback and lots on the water previously accessory structures could be in the side or rear yards with the same
setbacks as the principal structure and that it's the same as the proposed accessory structures must have the same setbacks for the principal structure and then we do have part of the transition District which is on the east side it
was previously C3 and C4 zoning districts now it's C1 one previously the accessory structures could be in the side or rear yard with the same setback as the principal and the proposed as accessory structures must have the same setbacks as the
principal structure so there's a few changes uh from what was allowed before but it's it's pretty similar to what it was and let's go through so that's removing C2 since that zoning District
does not exist anymore and then just cleaning that up to since 8 is um numerical in 12 so we wanted to 10 to be like that as well just a little easier to
read and that is all that I have for accessory structures okay anyone have any questions I got a question fire away had a curiosity was there any analysis done uh to see how far how many
non-conforming units there would be I mean are we making changes that are you talking about the accessory structures or a lot of these Lots do not have accessory structures in the in the John's Pass Village you know
the what you think of is a traditional John's Pass Village there are some um in the boardwalk District so we did take that into consideration as well as what's there um if it's there now and the code changes then it becomes illegally non-conforming right so it can
remain thank you any other questions no no other questions all right anybody got a motion I make a motion to approve 20 2510 accessory structures all right we
have a motion do we have a second I'll second it thank you sir I have a motion in a second to approve 2025-the um our next item is 2025-the yes and and I'll I'll be presenting this
um so so we did bring this uh to the board Commissioners Workshop as as a discussion item and one of the things they asked us to uh bring in front of you at this uh public hearing is there's a section where we added a reference to
uh uh PD zoning districts which previously our alcohol section didn't reference uh PDS which was wasn't good because without that reference it kind of was hard to figure out what what do we allow because because when it's when it's a PD it's rezoned to a whole new
category so it's not the previous one so we uh based on uh what the uh board commissioner said at the workshop we proposed adding uh this change where um the the board would have so right now it
reads properties that are reson to the PDS zoning District have the same restrictions for alcohol beverages as the zoning District prior to the rezoning topd zoning District unless otherwise spec and the thing that our the Board of Commissioners wanted us to
add that we brought to this was unless otherwise specified at the time of the PD zoning adoption so this would give the Board of Commissioners the power to kind of or to set the alcohol requirements and restrictions at with the with the Z tied to the PD zoning
that was provided on the Das with the the highlighted section is the addition that was not in the packet this okay thank you make sure so it gives the board P like so if they have concerns with with the type of alcohol uses they
can put restrictions on it um but it gives the board the F final say and what's good of having it included in the zoning adoption is that previously sometimes they would reference it in the development agreement which expired at
Co while the while the rezoning would be tied to the property indefinitely so it'll say alcohol uses because we we don't want a situation where um either it doesn't it reference in the
development agreement that's not valid anymore or um and we want to make sure that people know like kind of what alcohol use would be at when a PD zoning goes through so they they don't so um other than that I think we've gone through with other changes that we we've
been proposing but I I can go through them like yeah there's not much most mostly it's there was just some clean up Stu the the main differenes um
referencing the character districts um basically the character districts the allowed alcohol uses match up with um what what they were previously um on on the beach side the the Restriction to only allowing for restaurant alcohol use
where a majority or 60% of the the revenue has to come from food um and and non-alcohol stuff is still in there so because that was a concern um that that we made sure that protect on the beach side did not allow for like U um more
intense alcohol uses than just a restaurant use um other than that um the other thing we we cleared up was a the wording was a bit weird on under Section 110531 application for zoning of lot for
sale of alcohol beverages we clarified the to require if someone is doing a package store or or a club or bar that they they would have a sign certificate and drawing prepared to show that's not within 500 feet of a school
or church and previously it was kind of worded weird where it it's it's said like after saying all that oh it only affects these things so we moveed that sentence basically up front so you know that this is just required for that and not for like
restaurants for example um and then for expansion of alcohol use one thing we did clarify was there's certain types of expanding of an existing alcohol use where it doesn't need to go to a
public hearing if if um but what we did was we clarified it previously it was just the 10% over the original approved square footage but we also added or approved seeding count because how do you define square is it
the gross square footage does that or is it just area where just the seats and where alcohol served so we cleared that up because we we required the sea and count on the alcohol permit anyways so we'd be able to know if someone expanded it beyond that and that would trigger having to go back through a public
hearing um other than that I I think that the main things we we we updated um I'm happy to answer any questions and you guys can discuss it but it when when you guys do the vote just make sure to include um adding this this addition of
the unless otherwise specified at the time of PD's zoning adoption to uh that that section yeah so this P this paper you were handed should take place at page five and the pre and the one that's either online or was previously uh printed out for you yep so this page
five of 10 so you'll see section e up there adds the last part of the sentence unless otherwise specified at the time of the PD zoning that was the one page I had no questions on y well let's raise a question yes page five of 10 or 29 in total out of the
packet okay got questions go ahead I do um in the case uh I mean it's it's quite apparent when you read the 500 foot rule that you're assuming that the school or the Youth Center is already there and you're applying for your alcohol license
but if the alcohol license is already there and the reverse is happening is there a counterpart to getting a license for your school or Youth Center are we addressing hey I'm already here I'm not going to leave just because you decided to open up Youth Center 200 feet from
me the question of priority is there or you know precedence is there any state statute requirement related to if if a school opened up near an existing alcohol use is the alcohol is the alcohol use grandfathered in or um I don't know if there's any state statute
related to that there is no State Statute related to that we'd rely specifically on the code and it would be grandfathered in is the way that we would treat it at least I would treat it that way so it would be it would be considered just a non legal
non-conforming at that moment correct so so the use wouldn't be able to be expanded Ed and if it and if it uh and if they closed closed up then they they would lose it because grandfathering and if I opened up a
youth center upstairs at at at John's Pass in the village there that would stop all additional new places to get alcohol new bars New anything is that what would happen from a legal point of view it
might be a little crazy but could see they used to have alligators up there so maybe you opened up a youth center and that would that would make everybody legal non-conforming there it's a possibility we'd have to review the facts of it as it comes about but it's that's a
possibility is there anything that we should do to this ordinance to address that or my opinion is no we've had these distance requirements in the code for 2030 years um I don't see that we need to specifically note that I mean
obviously if we need to make a change in the future this is just a code section so it would require an ordinance and two public hearings it can always be changed to address issues as they come up so this isn't locking the door on anybody okay
yeah um I did have a question what what out of curiosity what prompted the the move from 300 feet to 500 feet I was just cleaning up the reference EST State Statute is that is that common that become a common number now we're cleaning up our
numbers I mean I just I I went off the state statute that 100 yard seems good Al section I'm just surprised the number went up it's quite common from City to City the normal number now okay that's that
was my question there I did have another question too about do we Define lesser intensity anywhere I mean you could kind of guess what it is but are do we defining the Lesser intensity somewhere else in our
codes I don't think that we have that as a definition in our code um and you're referring to the intensity of alcohol use alcohol well alcohol sales sales right where it's the 6040
rule or yeah restaurant versus package versus bar club uh I mean you kind of guess what that means but it seems as though we should be I think that's defined somewhere else I remember reading that and I remember where it is I believe it's referenced somewhere else
but I can't quote you chapter and verse don't know this is well usually if something's becoming more intense it's going from a 2 cop to a 4 coop full liquor that's usually and that triggers a public hearing if you had wanted to go because we've had that happen where
someone had a 2op and they wanted to go to a 4 cop and we had to do the public hearing so it's usually going from a beer and wine to a full liquor that's from what I've seen I mean as long as it's defin somewhere else but it should be clear to
anybody making the application what does that mean I remember reading it I just don't know where and maybe it's nice not to have dual you know to have a a single reference in this to where we Define it so that we only have to change it once
if we have to change it you know reference back to the Mothership I had two more this was the more fun one um so uh- 573 the revocation of alcohol beverage Zoning for not selling your booze for 6
months and we were coming up on 6 months P Helen it'd be easy to be out of business as a bar for six month in the past event I don't I want to make sure we're not sounding predatory for somebody that's in a non-conforming place because
a school opened up after this place already was established good point and they got flooded you know didn't we have special Provisions because it was declared a disaster it was it feels like we need something that says hey because it's going to happen
again usually what triggers this is if they let their state license laps that's the only time I've really seen us revoke one is when they let their state license lapse if they keep paying it then it then an our is still active so then then I would I would I so
I I like that so then I would get rid of failure to conduct the sale of alcoholic beverages because you could maintain your license while you're fixing your drywall well but it does Define it it says failure to conduct sale of alcoholic beverage for six-month period as demonstrated by not having a valid
occupational license yep during this six I think that's a I think that doesn't add any information to it I think we should just say losing the six months uh or the yeah not having your your occupational license for selling alcohol
for more than six months whether you're actually selling it or not for conditions that we already are aware of so you're you're saying if we're reading this sentence any Al alcoholic beverage zoning may be revoked by the Board of Commissioners upon finding a violation of the ldrs loss of state license or not
having a valid City occupational license for such use during the six month I think that's during a sixth month period yeah it it separates the sale of alcohol versus having the license to S to sell alcohol and I don't I don't think we need that connection given what we just
went through it's a bit of a knit but just to be clean I don't know I'll leave it to our legal scholar to weigh in I I think it's thorough and I think it addresses the it appropriately and it
doesn't Cloud anything and and the key is may be revoked um so they would go through the hearing process um and the Board of Commissioners would determine you know what whether or not any of these items are in existence so there's
with the hearing process and it being May versus shall I think you're you're an okay you're okay with the way it is currently written yeah and the the the one time I've seen the revok it was actually the revoke an existing one that they let laps and then they right after it
adopted the new new one in in a separate public hearing at the same meeting so it was like it was almost like just fixing like a like a little they were renovating their uh their convenience store and it was taking longer than what they realized it would take so and their
license un but then they they fixed it we actually fixed it that meeting but we had this still go through that process okay all right well got one more go for it you're on a roll I'm on a roll uh um and I haven't been here long have to see
it but typically festivals if you've already got your license to sell alcohol you'll see festivals set up temporary kiosks for you know the Rosemary festival or whatever it is um do we how do we address that there's a state
application that's a temporary alcohol permit and and if it's in and and we re re review it and sign off on the zoning section if it if it if it meets um if it doesn't violate like the development regulations and and that but we'll R we
do review them um and we're one of the that has to sign off on it before it goes to the state and the temporary ones it's it's just for like usually only like one event they actually have to usually do SE like separate ones each time they have a because our um recreation department does events so I I
sometimes get like multiple applications of different events that I have to review and then sign off on the zoning section okay I I just just didn't know how we address the temporary kiosk booze thing so I'm good yeah okay any more I
just want to bring your attention section 110 just 540 grandfathering business establishment engaged in the sale of alcoholic beverages sub paragraph a deals with the question relative to uh the qualifications of 110 530 in other words there is a school within the 500 foot range this addresses
that question I I said I would treat it as grandfathering there's the code provision right there it says exactly what how we will handle that that's on page um 8 of 10 32 the package 32 of your
package yep so they can continue as long as they renew their occupational license correct okay good good find thank you sir all right anybody got anything else any
more questions any motions come in this way if you do make a motion remember to include the uh little Amendment here on page five so the motion would be to uh accept
as amended by the city uh how do I want to say it as amend as as amended after the printing I make a motion to approve 20 251 alcohol beverage with the addition
on page five of 10 as written in the I'm not sure what what section it is here um page five with the addition that was included by the city it was in 110- 530
p e 5:30 per e yeah okay okay so there was we have a just for clarity um we have a motion to accept uh to approve ordinance 20251 alcoholic beverages with the amendment to 110- 530 paren e yes
okay perfect and I heard a second did I hear a second Cloud thank you all right so we have a motion and a second let's call the roll please commissioner Dylan yes commissioner Cloud yes commissioner Connelly yes commissioner Mah yes
commissioner Laro yes chairman wof yes thank you motion pass unanimously thank you everyone um do we have anything under old business that I'm not aware of because I don't see anything here no okay any administrative presentations from the staff no uh this is going too
well let's see Planning Commission discussion anybody got anything burning you want to talk about no do have the master plan as well Andrew is going and then the master plan so so we uh recently did uh meet
with uh kimly horn we do have a once a month uh meeting with them uh for them to keep us update on the ma master plan for us to um um figure out what what events and and meetings that they'll come to um one of the things we did
discuss that they will be um doing a presentation at a at a Planning Commission meeting um so for you guys to uh give in input um we're hoping for April for that meeting with Kim Le horn
April yes so the next planning Comm honor we they will also be doing a new survey for the master plan and we will have it on our we have a master plan page on our City
website um that's where we've been posting all the master plan related stuff and and presentations so the public can see what what's been already been presented we also have a YouTube recording of the of the last public Workshop I don't know if if if everyone has watched it but it would be important
to to watch it to kind of see what happened at it um we also have the presentation and a comment card if if you have anything anything you guys do right well what we could forward to um the Consultants that kimly horn we've
been working with or if you'd like to share that with with other people we would love to get any additional feedback is always and we still got the um public comment map still up that you can add public comments as you can see a lot of people
already have and uh this is a the SK schedule but uh we'll keep you posted and hopefully we'll have um like a draft that so you guys can kind of see what what's been put together because it um
it's exciting to kind of see this come together and then a lot of the things from this would end up eventually um we we'd be doing ordinances and our Land Development regulations to to add what's been suggested in it and so definitely
exciting and and the I think I should probably shared you guys last the presentation um and then we'll be doing some popup events like uh like going to the that event in John's Pass at the end of the month was the seafood festival so so are they going to do a
presentation for us in April as to what they came together with yes that's what we're planning on yeah excellent very good yep all right anything else that's all that we have next meeting April
7th right here 6 o'clock and uh that's it meetings Jed