Manatee County Planning Commission Agenda Results: 4/9/2013

BRADENTON -- At Thursday's Planning Commission Meeting, members voted to amend the Land Development Code to modify application requirements for wetland impacts, mitigation for altered wetlands and conservation easements. The Commission also recommended approval for a 195 single, unattached development near Rye Rd. and Waterline Rd. against the request of local residents.

CONSENT AGENDA

1. ORDINANCE NO. 13-15 – LAND DEVELOPMENT CODE AMENDMENT REGARDING CHICKENS

Sarah Schenk, Deputy County Attorney

An Ordinance of Manatee County, Florida, regarding land development; amending Section 201, Land Development Code, to amend the definitions related to “farm animal” so as to delete the regulation of chickens from the regulations applicable to farm animals; adding a cross reference to the location of regulations applicable to chickens in the Manatee County Code of Ordinances; providing for a purpose and intent; amending other sections of the Land Development Code for internal consistency; repealing ordinances in conflict; providing for severability; providing for codification; and providing an effective date. -- Recommended for Approval, Unanimous.

2. PA-13-02 / ORDINANCE 13-06 - UNIVERSITY VILLAGE, LLC

Kathleen Thompson, AICP, Planning Manager

Transmittal of a Plan Amendment of the Board of County Commissioners 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 Future Land Use Map of the Future Land Use Element to designate specific real property from the IL (Light Industrial) Future Land Use Classification to RES-6 (Residential - 6 dwelling units per gross acre) Future Land Use Classification; approximately 36.42 acres, said property being located at 2851 and 3005 Tallevast Road, Sarasota, FL (Manatee County), providing for severability and providing for an effective date. -- Pulled from consent agenda for independent vote -- Recommended for Approval, 5 - 0, Wick absent

REGULAR AGENDA THE FOLLOWING ITEM IS TIME CERTAIN AT 9:00 A.M.

3. ORDINANCE NO. 13-04 – LDC SECTION 719 (WETLANDS)

William Clague, Deputy County Attorney

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development; providing findings; amending Section 201 of the Land Development Code to provide new or revised definitions of Wetland, Non-Viable Wetland, UMAM, and Wetland Buffer; amending and restating Section 719, Wetland Protection, of the Manatee County Land Development Code to provide for purpose and intent, general prohibition and exemptions, application requirements for wetland impacts, criteria for approval of wetland impacts, mitigation for altered wetlands, areas adjacent to wetlands, conservation easements, and enforcement; providing for codification; providing for applicability; providing for severability; and providing an effective date. 

-- County Attorney Bill Clague walked the commission through the 52 pages of Land Development Code changes. Clague described the crossed out paragraphs, inserted verbiage and contradictions to the existing ordinance as being necessary updates to reflect current practices. 

If anything stood out it was; there will now be a variety of department heads with the authority to classify the fate of a wetland. Clague repeatedly announced the need to codify current practices and free up mitigation to be less confining. Through the 52 pages, it seems there is more line-item vetoing than anything else.    

During citizens comments, Mary Shepard wanted to know, "Who would actually be making the calls to protect the wetlands?" and asked for a third, independent party for monitoring and reporting.

Barbara Angelucci approached the podium and said, "You can't have wetlands without water." Angelucci then passed out a packet to each commissioner. In each packet there were a dozen independent non-compliance reports from Southwest Florida Water Management District (SWFWMD) accusing Mosaic of water use violations that created dangerous water levels from their practices. Angelucci said there were many more and that they all reflected the mining company's failure to act responsibly on the complaints. 

Clague reminded the commission that phosphate mining didn't have to follow any of the ordinances pertaining to water use, that other users were bound to. The Planning Commission vote --  Recommended for Approval, Unanimous  (Complete Story to Follow)

 4. PDC-13-04(Z)(P) - 2705 51st AVENUE EAST, LLC/GOODWILL CORPORATE CAMPUS – DTS#20130070 - Buzzsaw #181

Stephanie Moreland, 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 9.44 acres at the northeast corner of 51st Ave E. and U.S. 301, Bradenton, from A- 1(Suburban Agriculture, one dwelling unit per acre) to the PDC (Planned Development Commercial) zoning district; approval of a Preliminary Site Plan for a 69,605 square foot commercial center to include an administration/education center, neighborhood retail store and a commercial out parcel in the southwest corner of the site; subject to stipulations as conditions of approval; setting forth findings; providing for severability; providing a legal description, and providing an effective date. --  Recommended for Approval, Unanimous

5. PDR-05-64(Z)(G) / fka PDR-05-64(Z)(P) – MARTIN / HILLWOOD (DTS # 20050454)

Miles Gentry, AICP, Senior 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 77.9 ± acres located on the north side of Waterline Road 1.8 miles east of Rye Road at 17145 Waterline Road, Bradenton, from the A (General Agriculture) zoning district to the PDR (Planned Development Residential) zoning district; approving a General Development Plan for 195 single-family detached residential dwelling units; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date. 

-- Many speakers showed up to convey their opposition to the project, claiming that it didn't fit the area and that "Waterline Road" was not suited for high density. Speaker after speaker described the many factors to why they wanted their agriculture community to not be the next victim of sprawl; but left disappointed. -- Recommended for Approval, 5 - 1, Rhoades dissenting  (Full Story)