FEBRUARY 24. 1998 - Manatee Clerk · 2/24/1998 · z-97-14 herman g. burnett trust - lm (approved)...

FEBRUARY 24. 1998

The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, February 24, 1998, at 9:08 a.m.

Present were Commissioners:

Patricia M. Glass, Chairman

Gwendolyn Y. Brown, First Vice-chairman

Joe McClash, Second Vice-Chairman

Jonathan Bruce, Third Vice-chairman

Stan Stephens

Lari Ann Harris, entered during meeting

Amy Stein

Also present were:

Mark Barnebey, Assistant County Attorney

Susan G. Romine, Board Records Supervisor,

representing R. B. Shore, Clerk of Circuit Court

Invocation by Reverend Don Carter, Trinity Assembly of God Church.

Z-97-10 PARKWOOD LAKES LAMP TRUST NO. 2

Request: Rezone from PR-M to GC on 8.17 acres, located at the

southwest corner of U.S. 301 and Old Tampa Road.

Carol Clarke, Planning Director, advised that the applicant has

withdrawn the request and no action is required.

AGENDA DEFERRAL

Ms. Clarke advised that the agreement with Petzoldt Construction Co. to

defer completion of required sidewalks in River's Bend Subdivision has

been continued to March 17, 1998, at the request of the applicant.

(Enter Mrs. Harris)

CONSENT AGENpA,

Upon motion by Mr. Stephens, and second by Mrs. Harris, the Consent

Agenda dated February 24, 1998, was unanimously approved incorporating

the language as stated in the recommended motions in the staff reports

and agenda memoranda with changes made at this meeting. Items

APPROVED:

Public hearing (not advertised) was opened to consider

ORDINANCE 98-02 (PA-98-01) (CONTINUED TO 3/24/98 AT 9:00 A.M.)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING MANATEE

COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE COUNTY

COMPREHENSIVE PLAN; PROVIDING FOR A SMALL SCALE AMENDMENT TO THE

FUTURE LAND USE MAP (SHEET 19) FROM RES-9 TO R/O/R FOR CERTAIN

LAND LOCATED AT 5103 53RD AVENUE EAST, CONSISTING OF 1.0 ACRE;

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-98-01; County Initiated/Ronald R. Baker/Burt K. Rogers)

Planning Commission recommended ADOPTION.

ZONING

Public hearing (Notice in the Bradenton Herald 1/23/98) was opened to

consider

Z-97-09 RONALD L. BAKER/BURT K. ROGERS (COUNTY INITIATED) - GC

(CONTINUED TO 4/28/98 AT 9:00 A.M.)

A ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING

THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE 90-01, THE

MANATEE COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING WITHIN

THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE

REZONING OF CERTAIN LAND FROM A-l TO GC AND PROVIDING AN

EFFECTIVE DATE, ON 1.0 ACRE LOCATED AT 5103 53RD AVENUE EAST.


Public hearing (Notice in the Bradenton Herald 2/13/98) was held to

consider

Z-97-14 HERMAN G. BURNETT TRUST - LM (APPROVED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM A-l TO LM AND PROVIDING AN

EFFECTIVE DATE, ON 20.70 ACRES LOCATED 1,350 FEET NORTH OP 51ST

AVENUE EAST, 1,600 FEET WEST OF U.S. 301, AND JUST EAST OF THE

TERMINUS OF 47TH TERRACE EAST.

Planning Commission recommended ADOPTION. RECORD s46 30Z

46/93

http://innerspace/brdrecpdf/Supplementals/BCCSupplementals/S460302.pdf

46/94

FEBRUARY 24. 1998 (Continued)

Larry Copeman, representing Hammock Place Homeowners' Association,

questioned the setbacks from Hammock Place Subdivision, and the effect

of the drainage system. He also questioned the requirements under a

Light Manufacturing zoning designation.

Norm Luppino, Planning Department, displayed a zoning map and stated

the project will be required to have 75-foot building setbacks with a

20-foot landscaped buffer along the southern property line, in

addition to appropriate screening.


consider

Z-97-12 RAYMOND J. SNAVELY AND DARLENE I. STURM - LM (APPROVED)

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM NC-S TO LM AND PROVIDING AN

EFFECTIVE DATE, ON .37 ACRE LOCATED AT 6816 15TH STREET EAST.

Planning Commission recommended ADOPTION. RECORD S46-303


consider

PDGC-97-OlfZ) BRADENTON COUNTRY CLUB - PDGC (APPROVED)

AN ORDINANCE OF THE COUNTY OP MANATEE, FLORIDA...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM RSF-3 AND RSF-4.5 TO PDGC AND

PROVIDING AN EFFECTIVE DATE, ON 125.88 ACRES LOCATED AT THE

SOUTHWEST CORNER OF 9TH AVENUE WEST AND 45TH STREET WEST.

Planning Commission recommended ADOPTION with Stipulations:

1. The area within the traffic circle of 47th Street West,

zoned RSF-4.5, shall be used for parking only.

2. The rectangular piece of property, detached and located

north of the main country club parcel, west of 45th Street

West, shall be used for open space only.

Ms. Clarke advised that Stipulation 2 is no longer necessary as the

parcel has been deleted from the request. RECORD S46-304

CLERK'S CONSENT CALENDAR

BONDS

Release:

Glenn Lakes. Phase I-B

1. Agreement with Centex Real Estate Corporation, Guaranteeing

Completion of Required Sidewalks and Bikeways, $21,450.

2. Performance Bond: $21,450 (Letter of Credit 319524, The First

National Bank of Chicago)

Parkwood Lakes. Phase III

1. Agreement with P.P.B. Development, Inc., Warranting Required

Improvements, $12,949.45.

2. Defect Security: $12,949.45 (Letter of Credit 1069, West Coast

Bank)

West Glenn. Phase III

1. Agreement with Centex Real Estate Corporation, Warranting Required

Improvements, $17,429.48.

2. Defect Security: $17,429.48 (Letter of Credit 00336394,

NationsBank, including all amendments)

WARRANT LIST

Approve: February 17, 1998 through February 23, 1998

Authorize: February 24, 1998 through March 16, 1998

MINUTES FOR APPROVAL

December 16, 1997 - Regular

December 18, 1997 - Special

CORRECTION TO MINUTES

PDR-93-08(Z)(G) ROBERT BERNE (approved 8/26/93) - Insertion of the last

sentence of the motion. Motion was seconded by Mrs. Glass and

carried unanimously., inadvertently omitted from Board of County

Commission Minute Book 43, Page 126.

AUTHORIZE CHAIRMAN TO SIGN

Corrective document (scrivener's error):

Z-97-07 H. Dale and Ellen G. Young (approved 10/28/97) RECORD S46-305

University Parkway Water Main - Contract with Forsberg Construction,

Inc.. IFB 97-2812DC, $494,479.75 (approved 2/17/98); date

Performance and Payment Bonds and accept Insurance Certificate.

RECORD S46-306






Cedar Hammock Drainage Canal - Contract with Zep Construction. Inc..

IFB 97-3396DC, $719,168 (approved 2/17/98); date Performance/

Payment Bond and accept Insurance Certificate. RECORD S46-307

Partial Release of Special Improvement Assessment Liens:

Projects 3100-2509; 3102-2502

APPROVE. RATIFY & CONFIRM

Parks and Recreation Instructor's Agreements:

Karen S. Fain - Tai Chi

Gabriel Ferrer - Tennis Lessons RECORD S46-308

ACCEPT S46-309

Anna Maria Fire Control District - Annual Local Government Financial

Report and Financial Statement for FY 1996-1997.

Southern Manatee Fire and Rescue District - Current map of the district

with station locations; Annual Notice of Any Changes (public

facilities) and Public Facilities Report.

Resume of John P. Osborne, Planning Department Planner

COUNTY ADMINISTRATOR

FINAL PLATS

The Groves of Parrish - Final Plat

Mac's Subdivision - Final Plat

IMPACT FEE CREDIT

1. Credit Authorization CA-97-15(T) for Gene's Citrus Ranch. Inc.;

2. Final Authorization of Transportation Credit for Gene's Citrus

Ranch. Inc. for eligible right-of-way dedication on Buckeye Road,

$1,395. RECQRDS46-310

EMERSON POINT HISTORICAL RESOURCES GRANT S46-311

R-98-48 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF AN

APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF

HISTORICAL RESOURCES TO CONDUCT AN ARCHAEOLOGICAL SURVEY OF

EMERSON POINT CONSERVATION PARK TO BE COMPLETED PRIOR TO JUNE 30,

1999.

(authorizing execution of a grant agreement, $8,000 [State

$4,000; Local match - $4,000]; and authorizing the Chairman to

execute all related documents). RECORDS46-312

RIVERVIEW POINT - LICENSE AGREEMENT S46-313

Execution of License Agreement with Nelson Stickler granting

permission to use county-owned Riverview Point property to access

and remove his damaged, sunken sailboat from the bottom of the

Manatee River, 40 yards offshore, adjacent to DeSoto National

Memorial Park. RECORD S46-314

1998 CHILDREN'S SUMMIT

Authorize Manatee County Government to work with Manatee Community

Council for Children, Manatee County Health Department and Manatee

Opportunity Council (Project Child Care) to sponsor the 1998

Children's Summit at the Manatee Civic Center August 29, 1998.

JOB TRAINING PARTNERSHIP ACT

Execution of the Job Training Plan Executive Summary Two-Year Plan

of the Suncoast Workforce Development Board and Attachment "C" for

Program Years 1998 and 1999, in accordance with provisions of the

Job Training Partnership Act. RECORD S46-315

FLORIDA HEALTHY KIDS CORPORATION PROGRAM

1. Execution of funding agreement with the School Board of Manatee

County (SBMC). Manatee Memorial Hospital. L.P.(MMH). and Columbia

Blake Medical Center (BMC), providing for local matching funds for

the Florida Healthy Kids Program, $50,000 (Manatee County $15,000;

SBMC $15,000; MMH $10,000; BMC $10,000) for the period April 1,

1998, through March 31, 1999; and providing for Manatee County

Government to collect and administer such funding, subsequent to

the County's receipt of such agreement signed by other parties.

2. Execution of agreement with Florida Healthy Kids Corporation

(FHKC). providing for local matching funds for the Florida Healthy

Kids Insurance Program, $50,000 (4/1/98 to 3/31/99), subsequent to

receipt by the county of a fully executed local match funding

agreement with SBMC, MMH, and BMC and Manatee County, as well as

the County's receipt of agreement between Manatee County

Government and FHKC, signed by FHKC.

(NOTE: Documents to be recorded at a later date.)

46/95










46/96


MADER ELECTRIC. INC. - INDUSTRIAL DEVELOPMENT REVENUE BONDS


MANATEE COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING

$2,700,000 IN AGGREGATE PRINCIPAL AMOUNT OF MANATEE COUNTY,

FLORIDA, VARIABLE/FIXED RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS,

SERIES 1998 (MADER ELECTRIC, INC. PROJECT) (THE "BONDS") FOR THE

PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING

OF A MANUFACTURING FACILITY FOR THE BENEFIT OF MADER ELECTRIC,

INC.(THE "BORROWER"); PROVIDING FOR CERTAIN DETAILS OF THE BONDS;

APPOINTING SOUTHTRUST SECURITIES, INC. AS PLACEMENT AGENT AND

ACKNOWLEDGING THE APPOINTMENT OF SOUTHTRUST SECURITIES, INC. BY

THE BORROWER AS THE REMARKETING AGENT; APPROVING THE FORM OF AND

AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BY AND

BETWEEN THE COUNTY AND THE BORROWER; APPROVING THE FORM OF AND

AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE WITH

SOUTHTRUST BANK, NATIONAL ASSOCIATION, AS TRUSTEE; APPROVING THE

FORM OF OFFERING DOCUMENT WITH RESPECT TO THE PLACEMENT OF THE

BONDS; APPROVING THE FORM OF MORTGAGE, SECURITY AGREEMENT AND

GUARANTY AGREEMENTS; APPROVING THE FORM OF LETTER OF CREDIT;

APPOINTING THE TRUSTEE, PAYING AGENT, AND REGISTRAR; AUTHORIZING

THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY ONLY SYSTEM/¬

AUTHORIZING THE PROPER OFFICERS TO DO ALL THINGS NECESSARY OR

ADVISABLE; AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION.

(with Exhibits: A - Loan Agreement; B - Trust Indenture; C -

Mortgage and Security Agreement; D - Guaranty Agreements; E -

Letter of Credit; F - Offering Circular) RECORD S46-316

PLAT VACATION - ELWOOD PARK

R-98-52-V RESOLUTION DECLARING A PUBLIC HEARING TO BE HELD ON

MARCH 24, 1998, AT 9:00 A.M., OR AS SOON THEREAFTER AS POSSIBLE,

ON APPLICATION BY RICKY R. AND BETTY J. NOBLE TO VACATE A PORTION

OF THE PLATTED LOTS OF ELWOOD PARK SUBDIVISION. RECORD S46-317

ARTIFICIAL REEF GRANT PROGRAM


MANATEE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A STATE

SALTWATER FISHING LICENSE REVENUES GRANT APPLICATION TO THE

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) UNDER THE

ARTIFICIAL REEF PROGRAM

(Total Cost $28,500: $25,000 State; $3,500 In-house

Labor/equipment; 3 Mile Reef D) RECORD S46-318

PUBLIC DEFENDER - INDIGENT APPELLANTS S46-319

The County Attorney to appear on behalf of Manatee County as a

party, or request an appearance as amicus curiae, as the County

Attorney deems appropriate, and join with other counties and the

Florida Association of County Attorneys, as deemed appropriate, in

the case of Public Defender's Certification of Conflict and Motion

to Withdraw Due to Excessive Case Load and Motion for Writ of

Mandamus, in which the Second District Court of Appeal certified

to the Supreme Court a question of great public importance.

(End Consent Agenda)

ZONING


consider

PDR-97-13fZ)(P) GILBERT WATERS - PDR

AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,...; PROVIDING FOR

THE REZONING OF CERTAIN LAND FROM A-l TO PDR; PROVIDING AN

EFFECTIVE DATE; AND APPROVAL OF A PRELIMIMARY SITE PLAN TO ALLOW

86 SINGLE-FAMILY DETACHED AND 36 SINGLE-FAMILY SEMI-DETACHED

DWELLINGS AT A DENSITY OF 2.6 DWELLING UNITS PER ACRE, GRANTING

SPECIAL APPROVAL TO A PROJECT LOCATED ADJACENT TO A PERENNIAL

STREAM, ON 47.43 ACRES LOCATED AT THE SOUTHWEST CORNER OF 69TH

STREET EAST AND ELLENTON-GILLETTE ROAD.

Planning Commission recommended DENIAL of the rezone and

Preliminary Site Plan,

Staff recommended APPROVAL with eight stipulations;

GRANTING Special Approval to a project located adjacent to a

perennial stream. RECORD S46-320

Ms. Clarke stated the applicant requested continuance to March 24,

1998.







Motion was made by Mr. Stephens, seconded by Ms. Brown and carried

unanimously, to continue PDR-97-13(Z)(P) to March 24, 1998, at 9:00

a.m., or as soon thereafter as same may be heard.

CITIZENS' COMMENTS

Gloria Rains. ManaSota 88, requested an item on a future agenda to

discuss a requirement that persons serving on the commission not be

permitted to profit from county projects by serving as a contractor or

in any other capacity where they would receive compensation. There

were no objections.

ZONING (Cont'd)


consider

PDMU-97-07(G) GULF COAST CORPORATE PARK

Request: General Development Plan for a mixed use development

consisting of 1,940,000 square feet of industrial space, 60,000

square feet of office space, and 60,000 square feet of commercial

space on 141.5 acres located at the southeast corner of 1-275 and

U.S. 41.

Planning Commission recommended APPROVAL with 13 stipulations;

GRANTING Special Approval for a project in the Mixed Use Future

Land Use Category, and adjacent to a perennial stream. RECORD S46-321

John Osborne, Planning Department, displayed a zoning map showing

surrounding land uses and reviewed the history of Gulf Coast Corporate

Park since conceptual plan approval in June 1990. He presented a

phasing map and an aerial map and stated the applicant proposes the

development to occur in four phases.

Staff has three concerns of compatibility:

1. Neighboring, potential residentially developed areas

immediately to the east and southwest;

2. Setbacks, mass and scale of buildings along Erie Road; and

3. Industrial development adjacent to 1-275, in a designated

entranceway.

Mr. Osborne submitted two letters (from Wendel F. Kent, in favor; and

Audrey KeisacKer, opposed). He advised that staff has addressed the

stormwater issue with Stipulation 13. Additionally, he stated the

county has scheduled maintenance for Frog Creek to address the

nuisance vegetation and sedimentation.

Jerome Gostkowski, Planning Department, stated a traffic study is

under review regarding the need for a traffic light at the

intersection o£ U.S. 41 and Erie Road.

Discussion: Reduction in stormwater discharge rate; Buffalo Creek

flows into Frog Creek; require developer to clean out Frog Creek

before development; cleaning out versus widening.

Betsy Benac, representing the applicant, stated the plan reinstates

the development approval, and is very similar to the site plan rezoned

in 1990, with the exception of Phase I. She stated the traffic report

indicates that the developer will participate in the installation of a

traffic light at U.S. 41/Erie Road once it is warranted.

Audrey Keisacker, representing Buffalo Canal Neighbors, Inc., stated

that the scheduled maintenance of Frog Creek was to have been done in

January. She also pointed out that although the stormwater discharge

rate will be reduced, the new development will cause a 30 to 40

percent increase in run-off volume.

She displayed a FEMA Flood Insurance Rate Map signifying areas that

historically flood. She also pointed to the location of the drainage

basin, developments along the basin, and the directional flow of the

Buffalo Canal. She stated she does not oppose the proposed project,

but requested assurance that the improvements to Frog Creek will be

completed in a timely manner.

46/97


46/98


Mr. Gostkowski explained the discharge rate versus run-off volume. He

stated the project is designed for a 25-year storm event.

Mr. Osborne advised that staff will bring back a report on the traffic

light, the traffic study, and the Frog Creek maintenance project.

Based upon the staff report, evidence presented, comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be CONSISTENT with the Manatee County Comprehensive Plan

and the Manatee County Land Development Code, Mr. McClash moved to

APPROVE General Development Plan No. PDMU-97-07(G) with Stipulations 1

through 4, and 6 through 13, as recommended by the Planning

Commission, and 5 as recommended by staff; GRANTING Special Approval

for a project (1) in the Mixed Use Future Land Use Category and (2)

adjacent to a perennial stream. Motion was seconded by Mr. Stephens

and carried unanimously. RECORD S46-322

(Depart Mrs. Harris)


consider

PDW-97-02(Z)(G) DONALD K. GAGNON/SUNNY SHORES MARINA (COUNTY

INITIATED) - PDW

A ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,...;

PROVIDING FOR THE REZONING OF CERTAIN LAND FROM RSMH-4.5/CH AND

RDD-4.5/CH TO PDW; PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A

GENERAL DEVELOPMENT PLAN FOR THE EXISTING SUNNY SHORES MARINA,

INCLUDING THE ASSOCIATED STRUCTURES AND ACTIVITIES, ON .55 ACRE

LOCATED ON PALMA SOLA BAY BETWEEN 115TH STREET WEST AND 117TH

STREET WEST, AT 11502 THROUGH 11510 36TH AVENUE WEST.

(Note: the proof of publication does not state that the rezone is

to PDW)

Planning Commission recommendation not included.

Bob Pederson, Planning Department, showed an aerial map and stated the

county initiated the rezone on August 26, 1997. On January 23, 1998,

Mr. Gagnon (marina owner) was informed by Department of Environmental

Protection (DEP) that his docking facility is an unauthorized use of

state submerged lands. Mr. Gagnon had the option of (1) executing a

consent order and temporary use agreement to allow the use to continue,

or (2) remove all existing structures from the State lands. Mr. Gagnon

did not comply with either option in the allowed timeframe.

(Enter Mrs. Harris)

It was noted that Mr. Gagnon has filed a quiet title action against the

State of Florida for the submerged lands, claiming he owns the land and

that the permits and consent orders are unnecessary.

(Depart Mrs. Stein)

Mr. Pederson recommended the rezone be withdrawn until the issues are

resolved. He submitted documents into the record: 1. Copy of the

Consent Order and three letters from DEP; 2. Nine aerial photographs

from 1960 to 1994; and 3. 166 letters against the request.

Kenneth Bates submitted 14 letters from residents of Sunny Shores and

Sagamore Estates in opposition to the rezone.

(Enter Mrs. Stein)

Joseph Brater and Bonnie Zusy concurred with staff's recommendation.

(Depart Ms. Brown)

Donald Gagnon, marina owner, stated his desire to preserve the marina

docks as constructed in 1957 and to maintain a "grandfathered" status.

He displayed an aerial photograph and stated that he has ownership of

Lots A, B, C, D and E, which are submerged lands. Mr. Gagnon asserted

that although the submerged lots cannot be developed, they belong to

the marina properties.

Motion was made by Mr. Bruce, to withdraw County initiated rezone for

Sunny Shores Marina, Case PDW-97-02(Z)(G). Motion was seconded by

Ms. Brown and carried unanimously.



Recess/Reconvene. All members present except Mr. McClash.

(Carol Cason, court reporter, present)


consider

PDR-97-10(P) GUSTAVE BERNE FOUNDATION/BERNE NORTH - P/SITE PLAN

Request: Preliminary Site Plan to allow 370 multi-family units in

two phases (Phase V and Phase VI) located on the eastern and

western boundaries of the Glenn Lakes Subdivision. Phase V (the

eastern parcel) is located at the northeast corner of 53rd Avenue

West and 43rd Street West, consisting of 21.24 acres. Phase VI

(the western parcel) is located at the northwest corner of 53rd

Avenue West and 54th Street West and consists of 23.79 acres.

Planning Commission recommended APPROVAL with 16 stipulations;

GRANTING Special Approval for a project exceeding 6 dwelling units

per gross acre in the RES-9 Future Land Use Category, finding that

the project is substantially in compliance with Policies 2.9.3.1

through 2.9.3.5 of the Comprehensive Plan;

ADOPTION of Findings for Specific Approval; and,

GRANTING Specific Approval of an alternative to Section 907.9.4.2

of the Land Development Code (LDC) to allow a cul-de-sac exceeding

800 feet in length. RECORD S46-323

Staff recommended APPROVAL with 15 stipulations;

GRANTING Special Approval for a project exceeding 6 dwelling units

per gross acre in the RES-9 Future Land Use Category, finding that

the project is substantially in compliance with Policies 2.9.3.1

through 2.9.3.5 of the Comprehensive Plan, as recommended by the

Planning Commission; and

DENIAL of Specific Approval of an alternative to Section 907.9.4.2

of the LDC to allow a cul-de-sac exceeding 800 feet in length.

Misty Servia, Planning Department, submitted 12 letters of opposition

to the project, citing concerns of traffic, incompatibility of multi-

family with existing single-family development, impact to fire/police

protection, impact to schools, diminished property values and water

shortages; and three colored renderings of the multi-family buildings

for Phase V, floor plans, and a color site plan of Phase V. She

displayed site plans (3) showing the 1993 original approval. Phases I

through VI, and proposed Phases V and VI.

Ms. Servia stated that in 1993 the Board approved a 665-unit, mixed-use

project that included all of Glenn Lakes, a single-family subdivision

(295 units) , and two multi-family phases (370 units) at a density of

2.63 dwelling units per gross acre. The project was reapproved in

April, 1994 for 50 additional single-family dwelling units, increasing

the number of units to 715 and changing the overall density to 2.83

dwelling units per gross acre. Phases I through IV (329 units) are

under construction; however, the 1993 General Development Plan is no

longer valid.

(Enter Mr. McClash)

Utilizing two site maps, Ms. Servia outlined the staff-recommended

design aspects of Phases V and VI.

In Phase VI, the Planning Commission recommended eliminating the 54th

Street West connection and to design the main access either as a

boulevard section for the entire length, or a loop system (Stipulation

16) . This is the least desirable option and staff recommended the

original design, showing the tie into 54th Street West.

To depict the amount of surrounding multi-family development,

Ms. Servia presented a map of the Colonial Grande Apartment Complex,

across from Phase V, approved at 8.1 units per acre. She also

displayed an aerial map of other nearby multi-family uses with

densities ranging from 10 to 14.17 units per acre.

Discussion: Approved densities versus proposed densities; overall

density; whether Phases V and VI should be reviewed as part of an

overall plan, or as separate applications.

46/99


46/100


Jerome Gostkowski, Planning Department, reviewed the daily and peak

hour trip generation rates. He stated that a traffic study has been

deferred; however, an affidavit is on file which subjects the developer

to the results and conditions of a Certificate of Level of Service.

Mark Barnebey, Assistant County Attorney, recommended the Board

consider whether there has been any changes to the Code or in the

information about the area as compared to the proposed plans.

Ms. Servia referred to the Comprehensive Plan policies that were

considered in evaluating the proposal (Page 10 of the staff report).

Discussion: Comprehensive Plan policies; percentage of open space in

the existing, single-family developed area.

Tom Manna-lisa, proposed developer of Phase V, stated the project has

been designed with buildings low in scale, limited to two-story and the

buildings resemble single-family residences.

Tom McCollum, Zoller, Najjar and Shroyer, Inc., stated the developer

will be required to satisfy concurrency requirements, including a

traffic analysis, prior to final approval. Inasmuch as Phase V will be

completely surrounded by streets, Mr. McCollum stated 43rd Street West

will function as a major arterial roadway upon its expansion to four

lanes.

Ed Vogler, attorney for the applicant, conducted a question and answer

dialogue with Mr. McCollum, regarding the 1994 plan as compared to the

proposed plan. A Comprehensive Plan traffic circulation map with

highlighted arterial roadways was used.

Mr. McCollum displayed a rendering of Phase V, and stated that a

vegetative buffer screen, required by the Code, completely surrounds

the project. Stipulation 6 requires a thick screen of vegetation along

the eastern property boundary of Phase VI to create an opaque buffer to

adequately screen the five homes in Glenn Lakes. Pictures of an

existing, two-story home in Glenn Lakes and of landscaping along 43rd

Street was shown.

He displayed a board showing the architectural design of proposed roof

elevations and window shutters for structures in Phases V and VI in

order to make them appear more single-family in character. He

presented a picture of the 100th building of the Colonial Grande

Apartment Complex, across the street from Glenn Lakes, to portray the

building architecture proposed for Phase VI (Stipulation 14).

Mr. Vogler submitted three pictures illustrating the types of landscape

buffering design proposed for the subject project.

In response to Stipulation 16, he presented a revised, colored

rendering of Phase VI, and described the differences from the original

proposal which include the removal of the access from 52nd Avenue West

and the development of a loop system within the project.

Mr. Gostkowski responded to questions regarding the status of

construction of 43rd Street West and 51st Street West; the effects of

cut-through traffic in Glenn Lakes as a result of the completion of

43rd Street West and 51st Street; the status of traffic capacity on

53rd Avenue West; and, whether the site plan for Phase VI, revised in

accordance with Stipulation 16, satisfy the optional criteria for

second means of access in the Code.

Mr. McCollum displayed an aerial map showing adjacent land uses.

Mrs. Glass submitted a letter (2/12/98) from John Balgenorth, Glenn

Lakes resident, raising issues of population density, traffic and water

management problems.

Steven Thompson, representing residents of West Glenn and Glenn Lakes

Subdivisions who are opposed to the project, submitted a list of the

clients he is representing and a petition signed by 345 residents

opposed to the request.


Diana MacRae, President of West Glenn Homeowners' Association, spoke in

opposition due to the incompatibility of single- and multi-family

development and environmental issues.

Speaking in opposition^ citing reasons of traffic congestion, negative

aspects of Phase VI proposed interconnection, stormwater flow, and the

safety of children were: John Balgenorth, and Shelly Gallagher.

Recess/Reconvene. All members present except Ms. Brown.

Gerald Demko, Glenn Lakes resident, requested the Board reject multi-

family development adjacent to the single-family homes.

Mr. Thompson stated this project does not comply with Comprehensive

Plan Policy 2.9.2.1 requiring gradual transition of residential

development. He read the Comprehensive Plan definition of Compatible.

Also speaking in opposition to the project were: James VanValin, Fred

Cremo, Frank Reposh, Jeff Russell, Joe Hanlon, and Karen Bonnano.

Mr. Barnebey referenced criteria under Section 603.4 of the Code which

outlines the parameters of authority for site plan review.

Ms. Servia provided the current percentages of open space in the

existing, single-family developed areas: Phase I-A and B - 35 percent;

Phase II - 48 percent; Phase III - 27 percent, and Phase IV - 32

percent.

Discussion: What is considered open space; preservation of open space

within a platted subdivision; actual open space calculations; a green

wall effect for Phase VI; focal points; buffering around each phase.

Ms. Servia advised that Phase V has a net density of 9.527 and Phase

VI has a net density of 8.556. She submitted net residential density

calculations for Phases V and VI provided by Zoller, Najjar and

Shroyer, Inc.

Mr. Vogler submitted a letter (12/26/97) from Richard W. Bass and

Associates, Inc., Certified Appraiser, with a Need and Demand Market

Analysis (contained in a binder of exhibits) prepared by Stephens

Associates, Inc. (dated 2/16/98) which presents a study on the effect

of property values between the multi- and single-family projects.

Mr. McCollum displayed a land use map showing the amount of single-

family and multi-family residential developments within a designated

radius from Cortez Road, south to the north edge of El Conquistador,

and from 34th Street to 75th Street West. He also presented an

analysis chart of the multi-family projects with the number of units

for each project, total acreage and densities ranging from 4.88

dwelling units to 15.98 dwelling units per acre.

Mr. Vogler submitted pictures of Summer Cove, a three-story complex

located a distance of 75 feet from residential structures in Palm-Aire;

The Woods at El Conquistador showing the proximity to single-family

residential units; Glenn Lakes across a vacant lot into Sawgrass Cove;

and, from Sawgrass Cove, looking down the fence line of Glenn Lakes.

Mr. Vogler also presented three aerial photographs illustrating the

multi-family character of the neighborhood, to correspond with the land

use map used by Mr. McCollum. He submitted a binder containing all of

the items described that are not part of the maps and photographs

already presented.

Mr. Vogler concurred with the stipulations, and offered an additional

stipulation to eliminate any confusion regarding building height

limitations in Phases V and VI:

17. That the buildings would be limited to two-story buildings

and also 35 feet in height.

46/101

46/102


Discussion: No developer for Phase VI; consequences if the multi-

family project is not approved today; effects to the County and

property rights issues; grounds to deny the request; must be

substantiated by evidentiary information; lower density development

desired; options/stipulations to approve the request; alternatives for

the developer to reduce density/impact of multi-family development; put

residential single-family on the parameters of Phases V and VI, with

multi-family inside, etc.

Motion - Continue PDR-97-lOfP)

Motion was made by Mrs. Stein, to continue this matter to March 24,

1998, at 9:00 a.m., or as soon thereafter as may be heard, to afford

staff and the Board the opportunity to have a detailed set of findings

prepared and additional stipulations consistent with the discussions

among the Board members today, to support a development approval at a

density below 6 dwelling units per acre or whatever number is

determined at the next meeting. Motion was seconded by Mrs. Harris.

Discussion: Project should come back as single-family.

Motion - Amended

Mr. McClash moved for staff to bring back the Findings of Fact with an

option for single-family alternative development. Mr. Bruce seconded

the motion. Amendment to the motion carried unanimously.

Vote on lotion

Motion, as amended, carried unanimously.

Recess/Reconvene. All members present.

Public hearing (continued from 1/27/98 and readvertised in the

Bradenton Herald 2/13/98) was held to consider

PDC-97-05(P) U STORE IT/7-ELEVEN - P/SITE PLAN

Request: Preliminary Site Plan to allow a 2,940 square-foot

convenience store and a 2,000-square-foot canopy (advertised as

3,934 square feet) with four gas pumps on 1.15 acres, located at

the southwest corner of Tallevast Road and Lockwood Ridge Road.

Planning Commission recommended APPROVAL with nine stipulations;

GRANT Special Approval for a project located in the Evers

Reservoir Water Protection Overlay District; and

DENY Specific Approval of an alternative to Section 604.1.2.13 of

the Land Development Code. RECORD S46-324

Carol Clarke, Planning Director, stated a neighborhood meeting was

held (2/23/98) after the Planning Commission hearing. Staff had

recommended two gas pumps; the Planning Commission recommended four

gas pumps; and staff subsequently concurred as there is not a two-pump

limitation that applies to a project in a PDC district.

Misty Servia, Planning Department, submitted the following items:

Letters of opposition from Arthur and Irene Jaros. Saint Barbara

Greek Orthodox Church, and Tony Scaramuzzino, citing issues of

24-hour operations, crime, noise, lighting, elimination of trees

on site, tank leakage into the watershed and increased potential

for accidents.

Petition signed by citizens (16) from the neighborhood meeting

opposed to gas pumps on site.

Letter (2/19/98) from Darenda Marvin, of the firm Grimes, Goebel,

Grimes, Hawkins & Gladfelter, P.A., cosigned by the agent for

Summer Cove Joint Venture, waiving their rights for mailed notice

of the public hearing.

Two layout designs of the gas pumps.

New Stipulation 10 recommended by staff limiting the maximum

project height to 23 feet, along with a new motion. RECORD S46-325

Ms. Servia displayed a preliminary site plan and outlined surrounding

land use characteristics. She stated the staff report indicates the

canopy area is 2,000 square feet. However, the applicant has since

changed the layout of the gas pumps and the canopy area increased to

3,934 feet. The increased area was properly advertised.




A 7-Eleven convenience store (Southland Corporation) currently exists

at the northwest corner of Tallevast and Lockwood Ridge Roads. The

store will be moved to the southwest site if approved. Ms. Servia

stated the Board denied gas pumps on the current 7-Eleven site in 1980

and 1985.

The applicant proposes the store to be open 24 hours a day. Staff is

concerned that the lights, noise and additional traffic may have

negative impact on surrounding neighborhoods and recommended

stipulations to reduce the site to a maximum of two gas pumps, limit

the hours of operation from 7 a.m. to 11 p.m., and prohibit a car wash

and on-site pole signs. Staff has also stipulated that the project

provide the minimum 30 percent upland open space.

Ms. Servia addressed the layout designs of the gas pumps (submitted

earlier in the meeting). Staff supports the Layout 1 design.

Discussion: Total number of gas dispensers; Code defines gas pump as

having three dispensers; gas pumps in the watershed; entrance onto

Lockwood Ridge Road and proximity to the intersection, etc.

Husham Abdulsattar, Planning Department, stated a traffic study

indicates access from Lockwood Ridge Road will be limited to right-

turn-in/right-turn-out only.

Darenda Marvin, planner with Grimes, Goebel, Grimes, Hawkins &

Gladfelter, P.A., displayed an aerial map of the area. She stated

there are only two gas stations within a six-mile radius, and this is

a logical location for gas pumps in view of the future opening of

Lockwood Ridge Road to State Road 70.

Scott Boyd, Boyd Development, proposed developer, stated that

following the neighborhood meeting, he agreed to the stipulated height

reduction of the lights and the use of ground signs. As to concern of

gas tank leakage, he stated the project will be using double wall tank

construction, a federal requirement, whereby electric sensors between

the walls are wired to the building to signal a leak and its location.

Leslie Gladfelter, attorney for the applicant, stated the convenience

store and four gas pumps are permitted in a PDC district without

special approval or permit with exception of special approval because

of the location in the watershed. She submitted the range of potential

uses under RES-9 and the definitions of Small and Medium Commercial

Uses from the Comprehensive Plan.

She concurred with the stipulations as presented, including the 30

percent upland open space. She requested the following stipulation be

added regarding the gas pumps:

The Final Site plan may indicate four gas pumps that may be

designed with the pumps in line rather than stacked as indicated

on the Preliminary Site Plan.

Jerome Gostkowski, Planning Department, discussed the directional flow

of stormwater from the site to Rattlesnake Slough. Chris Mowbray,

Planning Department, responded to questions regarding on-site

drainage.

Tony Scaramuzzino, representing residents of the Tree Tops at North

Forty, read his letter (submitted by Ms. Servia) and stated that a

poll of the community resulted in five to one opposed.

Karin Murphy, resident of Copperfield Subdivision, opposed the gas

station component of the project and stated it will have adverse

impact to surrounding land uses.

Gloria Rains, ManaSota 88, stated her organization assumed that County

policy prohibited the storage of gasoline tanks in the watershed, and

stated that even double-wall tanks have the potential to leak.

46/103

46/104


Steven Thompson, representing Tree Tops Homeowners' Association,

stated the overwhelming consensus during the neighborhood meeting was

that this project was inappropriate and should not be approved. He

read a portion of the opposition letter from Saint Barbara Greek

Orthodox Church, submitted earlier by Ms. Servia.

(Depart Mr. Stephens)

Betsy Benac, area resident, spoke against the project.

(Enter Mr. Stephens)

Jack Cox, resident of Tree Tops, stated more homeowners would have

attended the neighborhood meeting to protest the development if they

had been properly notified.

Mrs. Stein referred to Page 7 of a handout from the February 10, 1998,

stormwater work session which rates Rattlesnake Slough as the next

most comparable canal in terms of its capacity problems and lack of

function to Frog Creek. She stated the Gulf Coast Corporate Park

project [PDMU-97-07(G) approved earlier], stipulated the project to

reduce the calculated pre-development flow rate by 50 percent for all

stormwater outfalls that outfall directly or indirectly into Frog

Creek (Stipulation 13). She stated the same criteria should apply to

this project and suggested a similar condition be stipulated.

Discussion: Screening/buffering from Tree Tops at North Forty; this

site is part of a larger parcel under the initial plan approval; the

initial plan required a wall; staff is not requiring the wall because

the parcel to be developed does not extend all the way south to Tree

Tops Way; whether applicant would accept approval of the convenience

store without the gas pumps.

(Depart Mrs. Harris)

Ms. Marvin stated the purpose of relocating the convenience store is

to gain the use of gas pumps. She emphasized the purpose of the three

categories of retail commercial contained in the Comprehensive Plan.

Mr. Boyd agreed to comply with a requirement in the initial plan to

construct a wall. As to the hours of operation, he stated Southland

Corporation prefers a 24-hour operation, but would agree to a

stipulation to close from 1 a.m. to 5 a.m., only until such time as

Lockwood Ridge Road is opened to State Road 70.

(Enter Mrs. Harris)

Mrs. Stein requested the following stipulations be added:

. Stipulation 13 from Gulf Coast Corporate Park [PDMU-97-07(G)

approved earlier]

Stipulation to limit the hours of operation between 7 a.m.

and 11 p.m., seven days a week.

Stipulation to address water treatment standards and the

Watershed Protection-Evers Overlay (WP-E) District.

Stipulation to address the issue of the wall.

An alternative to Stipulation 1 so that the site shall be

limited to a maximum of one island, with two, multi-

dispenser gas pumps.

Recess/Reconvene. All members present.

Jeffrey Steinsnyder, Assistant County Attorney, worded the motion:

Motion

Based upon the staff report, evidence presented, comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be CONSISTENT with the Manatee County Comprehensive Plan

and the Manatee County Land Development Code, I move to APPROVE

Preliminary Site Plan No. PDC-97-05(P) with Stipulations 1, as amended

to read "This site shall have no gas pumps."; Stipulations 2 through 5

as shown in the staff report; Stipulation 6 as amended to read "There

shall be no outdoor speakers associated with this project.";

Stipulations 7 through 9 as shown in the staff report; GRANT Special

Approval for a project located in the Evers Reservoir Water Protection

Overlay District; and DENY Specific Approval of an alternative to

Section 604.1.2.13 of the Land Development Code.


Mr. Bruce so moved. Motion was seconded by Mr. McClash.

Mr. Steinsnyder stated the reasons for amended Stipulation 1 concern

ingress and egress, the limitations on the site do not appear to be

conducive to the high traffic that gas pumps accrue and the general

compatibility of gas pumps in the neighborhood, and, believing that

while this may be neighborhood commercial, gas pumps are not

appropriate at this location.

Motion - Amendment

Mrs. Stein moved to add a stipulation to limit the hours of operation

to between 7 a.m. and 11 p.m., seven days a week, which is consistent

with the staff recommendation on Page 189 (of staff report); to add a

stipulation that this project shall be required to reduce the

calculated pre-development flow rate by 50 percent for all stormwater

outfalls that outfall directly or indirectly into Rattlesnake Slough;

and a stipulation that the water treatment standards for development

in the Watershed Protection-Evers Overlay be met. Mr. Bruce seconded

the motion.

Amendment to the motion failed 2 to 5, with Mrs. Glass, Mrs. Harris,

Mr. Stephens, Mr. McClash and Ms. Brown voting nay.

Vote on Motion

Motion to approve the request carried 4 to 3, with Mrs. Stein, Ms.

Brown and Mrs. Harris voting nay. RECORD S46-326

PLAT VACATION: ROYAL PALM GARDENS

Public hearing (continued from 1/27/98) was opened to consider

R-98-02-V, A RESOLUTION ON APPLICATION BY MCCLURE PROPERTIES.

LTD. . VACATING VARIOUS LOTS IN THE ROYAL PALM GARDENS

SUBDIVISION.

Jim Staples, Land Acquisition, stated the hearing was continued

because of concerns from adjacent property owners (Peridia residents).

The applicant requests a portion of the Royal Palm Gardens Subdivision

be vacated so they can proceed with a residential development [PDR-97-

11(P), approved 11/25/97]. Staff recommended adoption.

R. D. Lovelace stated the concerns from the previous hearing have not

changed, and that it is inappropriate for the Board to take action at

this time.

George Fischer, President of Preserve Our Neighborhood, Inc., stated

that none of the issues raised in the Verified Complaint (filed 12/97)

have been addressed. He stated Preserve Our Neighborhood has met with

staff and Pulte Homes (project developer), which resulted in no

progress. He stated the corporation has filed a Complaint for

Injunction Relief in Circuit Court (CA-98-721).

Ms. Clarke advised that a detailed report identifying the issues will

be brought to the Board when finalized.

Motion was made by Mr. Bruce, seconded by Mrs. Stein and carried

unanimously, to continue R-98-02-V until March 24, 1998, at 9:00 a.m.

or as soon thereafter as same may be heard.

ARMY CORPS OF ENGINEERS INITIATIVE FOR FLOOD CONTROL

Charles Hunsicker, Planning Department, recommended adoption of


MANATEE COUNTY, FLORIDA, SUPPORTING THE ARMY CORPS OF ENGINEERS

1999 BUDGET INITIATIVE FOR ECOSYSTEM APPROACHES TO FLOOD HAZARD

MITIGATION.

Motion was made by Mrs. Harris, seconded by Ms. Brown and carried

unanimously, to adopt Resolution R-98-67. RECORD S46-327

46/105



46/106


CHILDREN^ SERVICES ANNUAL REPORT

Motion was made by Mr. Stephens, seconded by Mrs. Harris and carried

unanimously, to approve Manatee County Children's Services Annual

Plan/Report for Fiscal Year 1998-1999, and authorization to announce

the availability of approximately $3,500,000 of Children's Services

Dedicated Millage to be awarded for services to children in Manatee

County. RECORD S46-328

Ms. Brown requested a copy of the previously approved counseling

standards.

ARTICLE V (COURT COSTS) INITIATIVE

Jim Seuffert, Financial Management Director, advised that the Florida

Association of Counties (FAC) has requested Manatee County contribute

to a statewide special assessment for conducting a public information

campaign to have the Constitutional Review Committee include ballot

language for the initiative requiring full state funding of Article V

among the proposed amendments for the November election. Manatee

County's pro rata share is $64,000 based on $.27 per capita. Mr.

Seuffert recommended using Reserve for Contingency funds.

Motion was made by Mr. Stephens, to approve the special assessment to

fund the campaign, based on $.27 per capita, which is the request of

the Florida Association of Counties. Motion was seconded by

Mrs. Harris.

(Depart Mr. McClash)

Motion carried 6 to 0.

(Depart Mr. Bruce)

LANDFILL HAULING SERVICES

Len Bramble, Public Works Director, stated that due to the recent,

excessive rainfall, the supply of landfill cover material at the Erie

and Lena Road Landfills has become crucial. This has caused an

emergency as the material is required to grade and cover sites for

compliance with operating permits.

He requested authorization to issue an emergency purchase order to the

lowest responsive, responsible vendor, Kimmins Contracting Corporation

for excavating and hauling fill material to the Erie Road Landfill in

the amount of $49,500, and to the Lena Road Landfill in the amount of

$372,750, for a total not to exceed $422,250.

Motion was made by Mrs. Harris, seconded by Ms. Brown and carried

5 to 0, to approve the request as presented.

LANDFILL TAPPING MACHINE

Motion was made by Mrs.

5 to 0, to authorize sole

40-foot automatic tarping

an additional tarp spool,

steel cables, for a total

Harris, seconded by Ms. Brown, and carried

source purchase from Tarpomatic. Inc.. for a

machine, including fabrication and mounting,

and four 40-foot by 100-foot tarp panels and

of $64,954.

CITY OF PALMETTO - ANNEXATION

Ms. Clarke stated the City of Palmetto enacted Ordinances 610 and 611

(2/2/98) voluntarily annexing two parcels of land into the City.

She stated

portion of

appears to

property.

a review of the map shows that an enclave is created in a

the Ordinance 610 property. Ordinance 611 property also

isolate Blackstone Park on all four sides with municipal

Ms. Clarke read a letter from the Mayor of Palmetto requesting the

County not act adversely to the voluntary annexation of the Manatee

Fruit Company parcels (Ordinance 611).

Mark Barnebey, Assistant County Attorney, recommended the Board decide

whether or not to challenge City of Palmetto Ordinances 610 and 611 in

order to allow legal staff sufficient time to prepare and file a

petition in the Circuit Court.



(Enter Mr. Bruce)

The Board decided not to challenge the annexations.

(Depart Mrs. Glass; Ms. Brown presiding)

COMPREHENSIVE PLAN AMENDMENTS

Public hearing (continued from 2/17/98) was held to consider

ORDINANCE 97-19 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE PORT

MASTER PLAN IN CHAPTER 4, COASTAL ELEMENT, TO UPDATE CURRENT

CONDITIONS AND PROPOSED IMPROVEMENTS AT THE PORT AND REVISE

EXISTING GOALS, OBJECTIVES AND POLICIES; PROVIDING FOR

SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

(PA(EAR)-97-19: Port Manatee)


Gloria Rains, ManaSota 88, spoke in opposition to the proposed text

amendments to the Port Master Plan.

Michael Wood, Planning Department, stated that due to time

constraints, the request by Mr. McClash (1/15 Port meeting) regarding

a plan for reusing suitable materials from dredge disposal areas was

not incorporated into this amendment. He stated the language will be

inserted into a Port amendment recently submitted.

(Enter Mrs. Glass; Ms. Brown presiding)

Mrs. Harris provided a memorandum (1/16/98) outlining the request by

Mr. McClash.

Mrs. Stein stated that the year of implementation of the environmental

monitoring program, worded in the last line of the first paragraph

under Section 3.9 (Page 19 of staff report) should be updated.

Mr. Barnebey recommended the last sentence read "This program shall be

drafted, approved by the EMD and continue to be implemented." There

were no objections.

Based on the evidence presented, comments made at the public hearing,

the action of the Planning Commission, upon the technical support

documents, finding the.request to be consistent with the provisions of

Chapter 163, Florida Statutes, and the Manatee County Comprehensive

Plan, and upon the comments received from the Florida Department of

Community Affairs, Mr. Stephens moved ADOPTION of Manatee County

Ordinance 97-19 (Plan Amendment PA(EAR)-97-19) with the changes made

at this meeting. Motion was seconded by Mrs. Harris and carried

6 to 0. RECORD S46-329



AMENDING, REVISING, AND REFORMATTING IN ITS ENTIRETY, MANATEE

COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE COUNTY

COMPREHENSIVE PLAN, WHICH WILL CONTROL FUTURE LAND USE, PUBLIC

FACILITIES, AND NATURAL RESOURCES PURSUANT TO THE LOCAL

GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION

ACT (PART II OF CHAPTER 163, FLORIDA STATUTES), INCLUDING GENERAL

INFORMATION, DEFINITIONS, FUTURE LAND USE, CONSERVATION, COASTAL

MANAGEMENT, TRAFFIC CIRCULATION, MASS TRANSIT, AVIATION, PORT,

HISTORIC AND CULTURAL RESOURCES, HOUSING, RECREATION AND OPEN

SPACE, PUBLIC FACILITIES, CAPITAL IMPROVEMENTS, INTRAGOVERNMENTAL

AND INTERGOVERNMENTAL COORDINATION, AND PLAN MONITORING AND

EVALUATION ELEMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING

FOR AN EFFECTIVE DATE.

(PA(EAR)-97-01: Text Amendments)


Mr. Wood distributed memorandum (.2/23/98) , with attachments 1 through

6, from the Planning Director outlining the original language,

proposed language and explanation of the proposed changes regarding

wasfcewater treatment.

46/107


46/108


Bill Merrill, attorney for Florida Coast Development Corporation, Walt

Eppert and owners of the Wading Bird Golf and Country Club property,

submitted a handout of the Policies Relating to Special Exceptions

Status of certain properties (Section D.2.2) and requested all of the

language after the word time in the third line of the third asterisked

paragraph be deleted and replaced with the words the project received

Special Exception status. The Board concurred.

Mr. Barnebey noted staff did not recommend the Vested Rights policy be

carried forward with this process and that compliance with the new

Comprehensive Plan would be required. Ms. Clarke advised that staff

has established today's date as the compliance deadline date.

Discussion: Coastal High Hazard Area (CHHA); current CHHA is five-

foot topographic contour; new plan will change it to the hurricane

evacuation zone etc.

Mr. Wood distributed and reviewed a handout of staff responses to

comments regarding proposed language revisions presented at the

February 17, 1998, public hearing. RECORD S46-330

(Depart Mr. Bruce)

Discussion: Limit densities in the CHHA, but clustering outside of

the five-foot contour; to have clear policy to state that densities

cannot be increased for properties in the CHHA beyond what they are

set at today; Policy 2.2.2.4.5 prohibits a Comprehensive Plan

Amendment in the CHHA; revised Policy 4.3.1.5(2).

Janet Hoffman, Planning Department, explained the original policy

4.3.1.5 regarding maximizing the clustering of uses within the CHHA

and the reasons for the proposed policy to maximize clustering seaward

of the five-foot topographic contour in the CHHA.

Ms. Clarke suggested alternative wording for Policy 4.3.1.5(2) to read

"Net density limits may be waived for clustered projects which

transfer density landward of the five-foot topographic contour."

Mr. Wood submitted a letter of agreement from Gordon Schiff,

representing Manatee Fruit Company, regarding the policies, goals and

objectives concerning the CHHA as recommended, but stating the intent

to object should any of the proposed amendments place additional

restrictions on the Manatee Fruit property.

He also submitted a handout of Policy 2.3.3.4 dealing with the 25-year

flood plain and recommended the word obtained in the third line of the

first paragraph be changed to obtain. There were no objections.

Ms. Clarke recommended the words Generally prohibit in the first

paragraph of Policy 4.3.2.1 be replaced with the word Limit. The

Board agreed. She advised that various editorial changes, i.e.

implementation dates, update to the Capital Improvements Element

regarding the Southeast Wastewater Treatment Plant, and additional

cross-referencing have also been made to the document.

Mr. Wood submitted the 1997 Addendum to the Technical Support

Documents. RECORD S46-331

Based upon the evidence presented, comments made at the public

hearing, the action of the Planning Commission, upon the technical

support documents, the Evaluation and Appraisal Report, finding the

request to be consistent with the provisions of Chapter 163, Florida

Statutes, and the Manatee County Comprehensive Plan, and upon the

comments received from the Florida Department of Community Affairs,

Mr. Stephens moved to ADOPT Manatee County Ordinance 97-01 (Plan

Amendment PA(EAR)-97-01). Motion was seconded by Mrs. Glass and

carried 5 to 0. RECORD S46-332








COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE

FUTURE LAND USE MAP (SHEETS 7, 8, 9, 14, 15, 16, 19, 20, 21 AND

22) TO ADJUST THE BOUNDARIES OF THE WATERSHED OVERLAY DISTRICT

FOR CONSISTENCY WITH BEST AVAILABLE DATA FOR. CERTAIN LAND

CONSISTING OF 116,189.33 ACRES; PROVIDING FOR SEVERABILITY; AND

PROVIDING FOR AN EFFECTIVE DATE.

(PA(EAR)-97-15: Watershed Boundaries)








Mr. Stephens moved to ADOPT Manatee County Ordinance 97-15 (Plan

Amendment PA(EAR)-97-15). Motion was seconded by Mrs. Glass and

carried 5 to 0 . RECORD S46-333





FUTURE LAND USE MAP (SHEETS 4, 5, 10, 11, 12, 13, 17, 18 AND 19)

TO ADJUST THE BOUNDARIES OF THE COASTAL HIGH HAZARD OVERLAY

DISTRICT, AND MAPS 4A AND 4B OF THE COASTAL MANAGEMENT ELEMENT,

FOR CONSISTENCCY WITH BEST AVAILABLE DATA AND FOR CONSISTENCY

WITH THE REQUIREMENTS OF RULE 9J-5.003, AS AMENDED; PROVIDING FOR

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA(EAR)-97-16: Coastal Maps and Overlays)


Discussion: Concern of adopting the Hurricane Evacuation Maps as the

Coastal High Hazard Area Maps; ongoing statewide insurance crisis.

Mr. Barnebey stated this is a poor policy decision by the Legislature,

and that ^-t is likely the proposed amendment will not be found in

compliance, if not found in compliance with State statute.

Discussion: Send a message to the Legislature that the difference in

the maps* should not be mixed; challenge Department of Community

Affairs and legislature on proposed legislation, etc.







Mrs. Stein moved to ADOPT Manatee County Ordinance 97-16 (Plan

Amendment PA(EAR)-97-16). The motion died for lack of a second.





FUTURE LAND USE MAP (SHEETS 4, 5, 6, 7, 11, 12, 13, 14, 15, 16,

18, 19, 20, 21, 22, 23 AND 24) TO ADD THE LOCATION OF PUBLIC

SUPPLY WELLS AND WELLHEAD PROTECTION AREAS WITHIN UNINCORPORATED

MANATEE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE.

(PA(EAR)-97-17: Wellhead Protection Map)


46/109


46/110








Mrs. Harris moved to ADOPT Manatee County Ordinance 97-17 (Plan

Amendment PA(EAR)-97-17). Motion was seconded by Mr. Stephens and

carried 5 to 0 . RECORD S46-334

Discussion: Ordinance 97-16 will not go forward with this cycle of

Plan amendments; can be readverfcised for Cycle II of 1998; will need

to be in compliance to receive grant funds, etc.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: , • - : APPROVED:

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Chairman ^//^


FEBRUARY 24. 1998 - Manatee Clerk · 2/24/1998 · z-97-14 herman g. burnett trust - lm (approved)...

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Transcript of FEBRUARY 24. 1998 - Manatee Clerk · 2/24/1998 · z-97-14 herman g. burnett trust - lm (approved)...