Manatee County Planning Commission Agenda Results: 10/10/13

BRADENTON -- At Thursday's Planning Commission Meeting, County Planning/Zoning Official, John Osborne, presented a proposed Plan Amendment for the Urban Service Area that excludes the Coastal Evacuation Area. In other business, developer Pat Neal expands his Eagle Trace Subdivision by 43.5 acres, adding 95 residential units, to bring the total number of overall units to 278 . Finally, a rezone request for Parrish looks to build a 9,100 sq.ft. Dollar General retail store at 121st Avenue West and U.S. 301.

CONSENT AGENDA -- Items #4 & #5, pulled for discussion and vote 

1. RULES AND PROCEDURES

Sarah Schenk, Assistant County Attorney

2. PLAN AMENDMENT 13-07 / ORDINANCE 13-27 - TRAFFIC MAP SERIES UPDATE AND TEXT AMENDMENT

Kathleen Thompson, AICP, Planning Manager To be continued to no date set and to be readvertised.

Transmittal of an Ordinance of Manatee County, Florida, regarding Comprehensive Planning, amending Manatee County Ordinance No. 89-01, as amended the Manatee County Comprehensive Plan; providing a purpose and intent; providing findings; providing for an amendment to the Traffic Circulation Sub-element, providing for an update of the Traffic Circulation Map Series (Map 5-B Future Traffic Circulation: Functional Classification, Map 5-C Future Traffic Circulation: Right-of-Way  Needs and Map 5-D Future Traffic Circulation: Number of Lanes) and associated Table 5-1, and an update to the reference of year 2030 to year 2035; providing for severability; and providing for an effective date.

3. PDR-13-29(G) – THE AURORA FOUNDATION INC./ PEACE PRESBYTERIAN CHURCH DTS#20130102

Stephanie Moreland, Principal Planner

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, approving a General Development Plan on approximately 22.11 acres: to utilize an existing 15,054 square foot office building as a Place of Worship/Church (temporary), church offices, and other church related purposes; and to construct a 6,000 square foot building for a new 210-seat sanctuary (permanent) on the north side of SR 64 East, approximately 950 feet west of Greyhawk Boulevard, at 12705 SR 64 East, Bradenton; subject to stipulations as conditions of approval; setting forth findings; providing for severability; providing a legal description, and providing an effective date.

4. PDMU-04-51(G)(R) - CARGOR PARTNERS INVESTMENTS, LLC/CURIOSITY CREEK – GATEWAY OVERLAY MASTER PLAN RESOLUTION 13-105 (AMENDMENT TO RESOLUTION 09-223 CURIOSITY CREEK GATEWAY OVERLAY MASTER PLAN) DTS 20130185, B00000207 Lisa Barrett, Planning Division Manager

A Resolution of the Board of County Commissioners of Manatee County, Florida regarding land development approving an amendment to the approved Gateway Overlay Master Plan for a project previously approved as “Curiosity Creek” on property generally located north of Buckeye Road, east of U.S. 41, west of Grass Farm Road extending north to the Hillsborough county line and east of Port Manatee by adding approximately 150,000 square feet of commercial on approximately 20+ acres to the approved 788.39+ acres; providing for specific approval regarding building height and setbacks for the added acreage; providing for conditions of approval; setting forth findings; providing for severability and providing for an effective date.-- Recommended for Approval, Unanimous

5. PDR-13-25(P) – FIDDLER’S CREEK SUBDIVISION (DTS 20130205)

Stephanie Moreland, Principal Planner

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, approving a Preliminary Site Plan for 27 lots for single-family detached residences on approximately 15.73 acres on the west side of Prospect Road, approximately 1,000 feet north of Whitfield Avenue; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.  -- Recommended for Approval, 6 - 0, Wick abstained from vote because of a conflict in interest

6. ORDINANCE NO. 13-43 – LAND DEVELOPMENT CODE AMENDMENT TO DELETE REFERENCES TO CODE ENFORCEMENT BOARD

Joe Fenton, Division Manager

An Ordinance of Manatee County, Florida, amending the Manatee County Land Development Code relating to Code Enforcement Board; amending Section 201 providing definitions to repeal definition of Code Enforcement Officer and repeat violation; amending Sub-Subsection 304.3.2 providing limitations on Hearing Officer activities while appointed to delete reference to Code Enforcement Board; repealing Section 305 of the Land Development Code entitled Code Enforcement Board; amending Sub-Sub-Sub-Subsection 704.59.3.13.6 providing general standards for application requirements for personal wireless service facilities to delete notice and finding by Code Enforcement Board; amending Sub-Sub-Subsection 704.59.3.20 providing general standards for abandonment of personal wireless service facilities to delete referral to Code Enforcement Board; repealing Section 1203 of the Land Development Code entitled Notice of Violation; amending Sub- Subsection 1205.2.c providing general penalty for violations to delete finding by Code Enforcement Board; Amending Sub-Subsection 1206.8.5 providing additional penalties for junk vehicles to delete 10/10/13 Planning Commission Agenda

authority of Special Master and Code Enforcement Board; abolishing the Manatee County Code Enforcement Board; transferring cases pending before the Code Enforcement Board to Special Magistrates designated by the Board of County Commissioners; providing for severability; and providing an effective date.

CONSENT AGENDA -- ITEMS # 1, 2, 3 and 6 -- Recommended for Approval, Unanimous

REGULAR AGENDA

7. PLAN AMENDMENT PA-13-05 (PROPOSED ORDINANCE 13-13) – URBAN SERVICE AREA PLAN AMENDMENT

John Osborne, AICP, Planning and Zoning Official

Adoption of an Ordinance of Manatee County, Florida, regarding comprehensive planning; amending the Manatee County Comprehensive Plan, Future Land Use Element to designate the geographic extent of the urban service area on applicable maps, excluding the Coastal Evacuation Area; providing for definitions; providing for a purpose and intent; providing findings, amending provisions of the Comprehensive Plan to preserve internal consistency including but not limited to the text of the Capital Improvements Element and the Future Land Use Element; providing for severability; and providing for an effective date. -- New map Recommended for Approval, Unanimous

8. PDR-07-06(Z)(P)(R2) – JEANNE SONNER WILEY, AS TRUSTEE OF THE SURVIVORS TRUST “A” OF THE WILEY FAMILY TRUST, DATED NOVEMBER 25, 1997, KATHLEEN M. METZ, AND NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC / EAGLE TRACE SUBDIVISION (DTS#20130039)

Shelley Hamilton, Principal Planner

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, amending the official zoning atlas (Ordinance 90-01, the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for a rezone of approximately 43.53 acres on the south side of State Road 64, and west of Pope Road, Bradenton, from A (General Agriculture) to the PDR (Planned Development Residential) zoning district; and amending Ordinance PDR-07-06(P)(R) and the Preliminary Site Plan to add 95 units to the overall development total, resulting in an increase to the number of single family detached residences to 164 units and an increase in the number of single family semi-detached residences to 114 units for a total of 278 units overall; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date (43.53 ± acre rezone; 104.66 ± total acreage) -- Controversy over there being enough setback and buffer on eastern border, has yet to be decided. Applicant is asking for special consideration to minimize the buffer and/or set-back. Staff said they would have it figured out prior to asking BOCC for approval.  Another complaint by adjacent property owner claims runoff to applicant's pond runs back on to adjacent property, flooding septic tanks. BOCC date for consideration is tentatively set for November 7, 2013. -- Recommended for Approval, Unanimous    

9. PDC-13-33(Z)(P) – WILSON-BYRNE REZONE/DOLLAR GENERAL DTS 20130231, B00000219

Stephanie Moreland, Principal Planner

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, amending the official zoning atlas (Ordinance No. 90-01, the Manatee County Land Development Code) relating to zoning within the unincorporated area; providing for the rezoning of approximately 1.89 acres on the north side of U.S. 301 and east side of 121st. Avenue East, at 12110 U.S. 301 North from VIL/PCV (Village/Parrish Commercial Village Overlay District) zoning district to the PDC/PCV (Planned Development Commercial) zoning district; retaining the Parrish Commercial Village Overlay District; approving a Preliminary Site Plan for 9,100 square feet of Retail Sales and Neighborhood Convenience Establishment; subject to stipulations as conditions of approval; setting forth findings; providing for severability; providing a legal description, and providing an effective date. -- Parrish resident, Curtis Langford says 121st Avenue East cannot handle the traffic, and that the "only-right-turn" off of U.S. 301, into the applicant's business, if missed, will redirect far too many cars onto 121st Avenue East. Recommended for Approval, 6 - 1, Bedford dissenting. (Bedford says that entering and exiting the property could be problematic.)