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Manatee County Planning Commission Meeting Results Oct. 14, 2010

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MANATEE-- The Manatee County Planning Commission held its monthly meeting Thursday at commission chambers. Two ordinance items were pulled from the consent agenda for further review at the Board of County Commissioners next regular meeting. The Forest Creek Subdivision, south of U.S. 301 North and west of Red Rooster Road in Parrish, which would add 41.64 acres and 132 single family detached lots to the property. The Dakin/Dakin Homestead Property, 1.25 miles east of U.S. 301 North and south of SR 62 which would grant special approval for the project to exceed 1 dwelling unit per acre.

The remainder of the ordinance votes are as follows:

 

Planning Commission

Manatee County Government Administrative Center

1112 Manatee Avenue West

First Floor, Commission Chambers

AGENDA

9:00 A. M. PUBLIC HEARING 10/14/10 PLEDGE OF ALLEGIANCE

MINUTES FOR APPROVAL: 9/9/10

SWEARING IN: All Staff/Public Wishing to Speak

Present: R. Bedford, D. Wick, M. Stasica, S. Belack, G. Mendez, M. Sheppard, T. Rhoades

Planning Staff: J. Osborne, R. Schmitt, K. LaBarr, R. Leider, L. Barrett, S. Moreland, M. Gentry

Co. Attorney: S. Schenk

CONSENT AGENDA A motion was made by Mr. Wick and seconded by Mr. Rhoades: I move to approve the minutes of September 9, 2010. The motion carried 7 – 0.

 

ORDINANCE 10-44 (DRI #21) – GATEWAY NORTH DRI (ARTISAN LAKES)

(Lisa Barrett, Planning Manager) (Continued from 08/12/10 and 09/09/10) (To be continued to 11/10/10)

An Ordinance of the Board of County Commissioners of Manatee County, Florida, amending a Development Order pursuant to Chapter 380.06, Florida Statutes, and a determination of whether the following changes constitute a Substantial Deviation to the Gateway North Development of Regional Impact:

Extend the Phase 1 build-out date by five (5) years;

Extend the Phase 2 start date by five (5) years and extend the build-out date by six (6) years;

Extend the Phase 3 start date by five (5) years and extend the build-out date by five (5) years;

Eliminate the subphasing of Phase 1;

Move 225 single family units from Phase 3 to Phase 1;

Move 38 Townhouse/Attached Villa units from Phase 1 to Single-Family Phase 1;

Move 65 Townhouse/Attached Villa units from Phase 1 to Phase 3;

Relocate the Community Service parcel;

 

Add a Mixed Use parcel located north of Moccasin Wallow Road;

Delete one access point to 40th Avenue E;

Add one access point to Gillet Drive;

Increase the overall project area by 1.0 acre;

Based on jurisdictional determination and Environmental Resource Permitting, decrease wetland acreage by 28.2 acres;

Increase Residential acreage by 70.7 acres;

Decrease Community Service acreage by 0.7 acres;

Decrease Recreational acreage by 6.6 acres;

Increase Open Space acreage by 12.2 acres;

Decrease the Lake/Detention area by 45.8 acres;

Decrease the Row/Transmission Lines land use category by 0.6;

Add hotel as land use allowed through the land use equivalency matrix;

Add telecommunication tower as a land use to the project;

Amend the monitoring frequency to Biennial;

Update the Authorized Agent and the Master Developer;

Delete or modify conditions to reflect new standard language; and

Make the necessary amendments to Map H and the Development Order to reflect these changes and any other revisions deemed necessary or appropriate during the public hearing process.

The ordinance amends, replaces, and supersedes Ordinance 08-58 (DRI#21), as amended; providing for severability, and an effective date.

The Gateway North DRI is northwest of the intersection of I-75 and Moccasin Wallow Road. Present zoning is PDMU (1,039.2 ± acres).

A motion was made by Mr. Belack and seconded by Mr. Wick: I move to continue the public hearing for Ordinance 10-44 to November 10, 2010 at 1:30 p.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Center, 1st Floor Chambers. The motion carried 7 – 0.

PDMU-91-01(G)(R5)- GATEWAY NORTH DRI (ARTISAN LAKES)

(Lisa Barrett, Principal Planner) DTS#20100078 (Continued from 08/12/10 and 09/09/10) (To be continued to 11/10/10)

Request: An Ordinance of the Board of County Commissioners of Manatee County, Florida approving a revised Zoning Ordinance and General Development Plan to:

Extend the Phase 1 build-out date by five (5) years;*

Extend the Phase 2 start date by five (5) years and extend the build-out date by six (6) years;*

Extend the Phase 3 start date by five (5) years and extend the build-out date by five (5) years; *

Move 225 single family units from Phase 3 to Phase 1;

Move 38 Townhouse/Attached Villa units from Phase 1 to Single-Family Phase 1;

Move 65 Townhouse/Attached Villa units from Phase 1 to Phase 3;

Relocate the Community Service parcel;

Add a Mixed Use parcel located north of Moccasin Wallow Road;

Delete one access point to 40th Avenue E;

Add one access point to Gillet Drive;

Increase the overall project area by 1.0 acre;

Based on jurisdictional determination and Environmental Resource Permitting decrease wetland acreage by 28.2 acres;

Increase Residential acreage by 70.7 acres;

Decrease Community Service acreage by 0.7 acres;

Decrease Recreational acreage by 6.6 acres;

Increase Open Space acreage by 12.2 acres;

Decrease the Lake/Detention area by 45.8 acres;

Decrease the Row/Transmission Lines land use category by 0.6;

Add Hotel as a land use allowed through the land use equivalency matrix;

Add telecommunication tower as a land use to the project;

Modify land development parcel layout and land uses;

Modify dimensional criteria;

Update the Authorized Agent and the Master Developer

Delete or modify conditions to reflect new standard language; and

Make the necessary amendments to the GDP and the Zoning Ordinance to reflect these changes and any other revisions deemed necessary or appropriate during the public hearing process.

*Build-out dates had been previously approved but were never changed due to a scrivener’s error.

The Applicant is also requesting Special Approval for Administrative Review of cul-de-sac designs of greater than 800’.

The Gateway North DRI is northwest of the intersection of I-75 and Moccasin Wallow Road. Present zoning is PDMU (1,039.2 ± acres).

A motion was made by Mr. Belack and seconded by Mr. Wick: I move to continue the public hearing for PDMU-91-01(G)(R5) to November 10, 2010 at 1:30 p.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Center, 1st Floor Chambers. The motion carried 7 – 0.

 

PDR-03-30 (P)(R) - GAMBLE CREEK ESTATES

(Miles Gentry, Planning Manager) DTS# 20100202 (To be continued to 11/10/10)

An Ordinance of Manatee County, Florida, regarding land development, approving an amended Zoning Ordinance and Preliminary Site Plan, revising stipulations regarding thoroughfare right-of-way dedications, impact fee credits, buffers, landscaping, natural resources, building setbacks, number of lots, lot sizes, lot dimensions, building height, building color, public water and sewer utilities, irrigation water, stormwater management, access, parks, recreation facilities, fire hydrants, contamination by hazardous materials, land clearing, removal of old houses existing prior to platting, lighting, tree protection, native vegetation, and educational facility impact fees, applying to approximately 164 acres in Gamble Creek Estates located north of Golf Course Road and west of Spencer Parrish Road in the PDR (Planned Development Residential) zoning district; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: I move to continue the public hearing for PDR-03-30(P)(R) to November 10, 2010 at 1:30 p.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Center, 1st Floor Chambers. The motion carried 7 – 0.

 

Z-09-04 – TOD J. AND MARTHA V. BARROW AND DOUGLAS H. GREENBERG, GARY CAPALBO & DANIEL AND CATHERINE KUNTZ REZONE

(Stephanie Moreland, Planner) DTS#20090311 (To be continued to 11/10/10)

An Ordinance of Manatee County, Florida, amending the Official Zoning Atlas (Ordinance No. 90-01, the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for a rezone of approximately 1.75 acres on the south side of Manatee Avenue West, approximately 510 feet west of 75th St. W. and Manatee Avenue West, at 7607, 7611, 7613 and 7617 Manatee Avenue West, Bradenton from RSF-4.5 (Residential Single-Family, 4.5 dwelling units per acre) to the PR-S (Professional – Small) zoning district; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: I move to continue the public hearing for Z-09-04 to November 10, 2010 at 1:30 p.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Center, 1st Floor Chambers. Motion carried 7-0

 

PDR-03-53(P)(R6) – FOREST CREEK

(Katie LaBarr, Principal Planner) DTS#20100149

An Ordinance of Manatee County, Florida, amending Ordinance No. PDR-03-53(P)(R5) and the Preliminary Site Plan for the Forest Creek Subdivision to:

1. Add ±41.64 acres,

2. Add 132 single-family detached lots,

3. Revise the total project units from 367 to 493, and

4. Revise the overall project acreage from ±135.07 acres to ±176.71 acres.

The existing Forest Creek Subdivision (+135.07 acres) and the proposed addition (±41.64 acres) are within the PDR/NCO (Planned Development Residential/North Central Overly) zoning district. The site is south of US 301North and west of Red Rooster Road, in Parrish; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

This item was pulled from consent for a presentation.

 

A motion was made by Mr. Wick and seconded by Mr. Belack: Based upon the staff report, evidence presented, comments made at the public hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. PDR-03-53(P)(R6); and APPROVAL of the revised Preliminary Site Plan with Stipulations 1-51 (Stipulation 39.D as amended); for a project that was previously GRANTED Special Approval for exceeding a gross density of 1 dwelling unit per acre in the UF-3 Future Land Use Category; and previously GRANTED Specific Approval for an alternative to Land Development Code Section 907.9.4.2, as recommended by staff. The motion carried 7 – 0.

 

Peter Chauncey spoke stating he is in favor of the plan as submitted and doesn’t want a inter-neighborhood tie into the Kingsfield subdivision.

 

Z-10-06 – TALLEVAST/PROSPECT IMPROVEMENT COMPANY LLC

(Stephanie Moreland, Planner) DTS#20100151

An Ordinance of Manatee County, Florida, amending the official zoning atlas (Ordinance No. 90-01, the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for a rezone of approximately 2.2 acres on the north side of Tallevast Road, approximately 306 feet west of the intersection of Tallevast Road and Prospect Road, Bradenton from A-1 (Suburban Agriculture-one dwelling unit per acre) to the NC-M (Neighborhood Commercial-Medium) zoning district; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: Based upon the staff report, evidence presented, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. Z-10-06, as recommended by staff. The motion carried 7 – 0.

 

Foster Gover, representing Southern Manatee Fire Rescue, spoke opposed to the rezoning as the traffic around the elementary school is an issue in this area and they don’t want to see any more traffic created by this rezoning.

 

Staff and fire district will get with school officials to see if anything can be done about the traffic during school times.

 

Z-10-05 – ROBERT & JANE WAECHTER, & CHARLES M. KEELS TALLEVAST/PROSPECT IMPROVEMENT COMPANY LLC

(Stephanie Moreland, Planner) DTS#20100150

An Ordinance of Manatee County, Florida, amending the official zoning atlas (Ordinance No. 90-01, the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for a rezone of approximately 2.2 acres at the northwest corner of Prospect Road and Tallevast Road, Bradenton, from A-1 (Suburban Agriculture-one dwelling unit per acre) to the NC-M (Neighborhood Commercial-Medium) zoning district; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: Based upon the staff report, evidence presented, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. Z-10-05, as recommended by staff. The motion carried 7 – 0.

PDMU-10-13(Z)(G) - SAWGRASS GATEWAY

(Miles Gentry, Planning Manager) DTS# 20100172

An Ordinance of Manatee County, Florida, regarding land development, amending the official zoning atlas of Manatee County, Ordinance No. 90-01 (the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for a rezone of approximately 933 acres north of Buckeye Road, east of Interstate 75, and extending north to the Hillsborough County line from the A/NCO/NCGO (General Agricultural/North Central Overlay/North County Gateway Overlay) and the PDR/NCO/NCGO (Planned Development Residential/North Central Overlay/North County Gateway Overlay) zoning districts to the PDMU/NCGO (Planned Development Mixed Use/North County Gateway Overlay) zoning districts, retaining the North County Gateway Overlay, not retaining the North Central Overlay; approving a type of General Development Plan, known as a Gateway Overlay Master Plan limited for use exclusively in the North County Gateway Overlay, for a full range of land uses (industrial, transportation, communication, agricultural, earthmoving, commercial, community services, recreational, residential, and residential support) and roads consistent with the needs of Port Manatee and the economic health of Manatee County; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: Based upon the staff report, evidence presented, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. PDMU-10-13(Z)(G); APPROVAL of Gateway Overlay Master Plan PDMU-10-13(Z)(G); and GRANTING Special Approvals for a Mixed Use project, alternative development under a Gateway Overlay Master Plan, Gross Density exceeding 1 dwelling unit/acre, Net Density exceeding three dwelling units/acre, Non-Residential used exceeding 30,000 sq. ft. location in Entranceway, development adjacent to a perennial stream, and floor area ratio exceeding 0.35; as recommended by staff. The motion carried 7 – 0.

 

PDC-04-43(G)(R) – LAKEWOOD WALK SHOPPING CENTER

(Miles Gentry, Planning Manager) DTS#20100283

An Ordinance of Manatee County, Florida, regarding land development, approving an amended Zoning Ordinance revising the allowable uses for Lots 2 and 8 for the Lakewood Walk Commercial Subdivision on approximately 16.54 acres located at the northwest quadrant of SR 70 and Lakewood Ranch Boulevard, in the PDC/WP-E/ST (Planned Development Commercial/Watershed Protection-Evers/Special Treatment Overlay) zoning district; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Wick and seconded by Mr. Belack: Based upon the staff report, evidence presented, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. PDR-04-43(G)(R); amending and restating Ordinance No. PDR-04-43(Z)(G), particularly the Stipulations for the approval of the General Development Plan; as recommended by staff. The motion carried 7 – 0.

 

 

Z-10-07 – GARY TAYLOR, TRUSTEE TO GARY GORDAN TAYLOR REVOCABLE LIVING TRUST/TAYLOR REZONE

(Lisa Barrett, Planning Manager) DTS#20100214

An Ordinance of Manatee County, Florida, 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 5.00 acres on the north side of S.R 70, approximately 1,000 feet west of Lorraine Road, at 14207 S.R. 70 East, Bradenton from A/WP-E/ST (General Agriculture – one dwelling unit per five acres/Watershed Protections-Evers/Special Treatment Overlay Districts) to the GC (General Commercial) zoning district, retaining the WP-E (Watershed Protection-Evers) and ST (Special Treatment) Overlay Districts; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

A motion was made by Mr. Belack and seconded by Mr. Wick: Based upon the staff report, evidence presented, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. Z-10-07, as recommended by staff. The motion carried 7 – 0.

Mark Barnebey, representing Guy and Patricia Davis (adjacent property owners) spoke stating there is a concern with the access that is currently being taken and additional traffic. He stated that he would work on the issue with staff and the applicant and come to a resolution prior to the BOCC meeting.

 

PDR-08-03(Z)(G) – DAKIN/DAKIN HOMESTEAD PROPERTY

(Katie LaBarr, Principal Planner) DTS #20070586

An Ordinance 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  238.12 ± acres located approximately 1.25 miles east of US 301 North, south of SR 62, and north of CR 675, at 13750, 13850, 13960, 13970, and 1417- CR 675 and 13855 and 14121 SR 62, Parrish from A/NCO (General Agriculture/North Central Overlay ) to the PDR/NCO (Planned Development Residential) zoning district, retaining the North Central Overlay; approving a General Development Plan for a maximum of 420 single-family detached residential units, and a maximum of 68 single-family attached residential units, not to exceed 448 total residential units; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.  

This item was pulled from consent for a presentation.

A motion was made by Mr. Belack and seconded by Mr. Rhoades: Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance No. PDR-08-03(Z)(G); APPROVAL of the General Development Plan with Stipulations A.1-6, B.1-2, C.1-9, D.1-5, E.1-3, and F.1; GRANTING Special Approval for a project exceeding one dwelling unit per acre in the UF-3 Future Land Use Category, as recommended by staff. The motion carried 7 – 0.

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