www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers August 11, 2016 - 9:00 a.m.
August 11, 2016 - Planning Commission
Agenda Item #6


Subject
PDR-15-30(Z)(P) - ESME I, LLC/Myara Subdivision - DTS20150439 - MEPS519 - Quasi-Judicial - Rossina Leider - Continued from July 14, 2016

Briefings
None

Contact and/or Presenter Information

Presenter:

   Rossina Leider, Planner, 941-748-4501 ext. 6859

Contact:

   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878



Action Requested

STAFF RECOMMENDED MOTION:  (for Denial)

Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be INCONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to recommend DENIAL of Manatee County Zoning Ordinance No. PDR-15-30(Z)(P); DENIAL of the Preliminary Site Plan; DENYING Special Approval for a project : 1) adjacent to perennial stream, 2) within the Watershed  Protection Evers Overlay District, 3) within the Special Treatment Overlay District, and 4) exceeding a net density of 1.0 dwelling unit per acre in the RES-1 FLUC; and DENYING Specific Approval of an alternative to Land Development Code Section 1001.4.D.1  (Cul-de-sac length), as recommended by staff.


In the event the approving authority seeks to make a finding of consistency with the Comprehensive Plan, the Alternative Motion is offered for consideration. See the Staff Analysis for the Alternative Motion in Attachment # 11.       


ALTERNATIVE MOTION:  (for Approval)  
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 APPROVAL of Manatee County Zoning Ordinance No. PDR-15-30(Z)(P); APPROVAL of the Preliminary Site Plan with Stipulations A.1 - A.5, B.1 – B.2, C.1 - C.3, and D.1 - D.8; GRANTING Special Approval for a project : 1) adjacent to perennial stream, 2) within the Watershed  Protection Evers Overlay District, 3) within the Special Treatment Overlay District, and 4) exceeding a net density of 1.0 dwelling unit per acre in the RES-1 FLUC; and GRANTING Specific Approval of an alternative to Land Development Code Section 1001.4.D.1  (Cul-de-sac length).



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

• Ms. Rachel Layton, AICP, ZNS Engineering, LC, agent for the property owner, is requesting approval of a:

      - Rezone of approximately 13.71 acres from RSF-1/WP-E/ST (Residential Single-Family – one dwelling unit per acre/Watershed Protection Evers/Special Treatment Overlay Districts) to the PDR (Planned Development Residential/Watershed Protection Evers/Special Treatment Overlay Districts) (±18.67 acres are already zoned PDR), and 
      - Preliminary Site Plan for 32 lots for single-family detached residences.

• The 32.68± acre vacant site is located west of 99th Street East (Pine Meadow Way) and Clubhouse Drive at 6804 99th Street East, Bradenton (Manatee County). The site is within the RES-1 (Residential – one dwelling units per acre) Future Land Use Category (FLUC), and the WP-E (Watershed Protection Evers) and ST (Special Treatment) Overlay Districts.

• The Preliminary Site Plan proposes:

      - Minimum lot size of 9,720 sq. ft. (72’ x 135’). 
      - Gross and net density of 0.99 and 1.28 dwelling units per acre respectively.
      - Sidewalks along both sides of the internal roadway (5-foot wide). 
      - 22.6 acres of open space (70% of the site). 
      - One access point from Clubhouse Drive, including a gate at the development entrance.
      - 24 feet wide internal roadway (50 feet wide private right-of-way). The internal roadway has terminus in a cul-de-sac, 1,207 feet long with an eyebrow turnaround located at 700 feet from the project entrance, which exceeds the maximum 800 feet in length allowed pursuant LDC Section 1001.4.D.1.  
      - The site plan depicts an onsite local roadway as an extension of Clubhouse Drive into the site, effectively as a dead-end street instead of a 2-lane collector thoroughfare (84 feet wide) that traverses the project site according to the 2035 Future Traffic Circulation Right of Way Protection and Reservation Map (Map 5C) and Table 5-1 of the Comprehensive Plan.  The alternative route proposed by the applicant utilizes offsite local roads in the vicinity of the site (Oak Hammock Drive, Forrester Drive, and Pine Meadow Way) to serve as the planned thoroughfare connection of Clubhouse Drive westward to Linger Lodge Road required pursuant the Manatee County Comprehensive Plan - Map 5 Series of the Traffic Circulation Plan.

• During the review process, staff recommended the preliminary site plans be designed to accommodate the future connection of Clubhouse Drive and Linger Lodge Road through the project site as is required by the Comprehensive Plan, and clarified that flexibility on the thoroughfare alignment shall be considered only thru an amendment of the Comprehensive Plan.

• The applicant has objected to staff’s recommendation and requested to schedule the application for hearing process stating that the Board of County Commissioners has the authority to address the matter of consistency with the Comprehensive Plan to eliminate the thoroughfare connection through the project site.

• Staff finds that the proposed Preliminary Site Plan, which includes an alternative roadway alignment for the Clubhouse Drive / Linger Lodge Road connection required by the 2035 Future Traffic Circulation Right of Way Protection and Reservation Map (Map 5C) and Table 5-1 of the Comprehensive Plan, to be INCONSISTENT with:

      - The 2016 Florida Statutes 163.3194 – Legal status of comprehensive plan [163.3194(1)(a) and 163.3194(3)(a)].
      - Manatee County Comprehensive Plan: Future Traffic Circulation Plan [Table 5-1, Map 5 Series and Traffic Policies 5.2.1.4(1), 5.2.1.5, and 5.2.2.1], definition of “Compatible”, and Objective 2.9.1 (Strong Communities).
      - Manatee County Comprehensive Plan: General Design requirements for all Planned Development Site Plans (LDC Section 402.6.D, and 402.6.W), and Chapter 10 – Right-of-Way Standards (Sections 1000.1.A, 1000.1.C, and 1001.2.E).

• Special Approval is required to be granted by the Board of County Commissioners for a project adjacent to a perennial stream (Braden River), located within the Watershed Protection Evers and Special Treatment Overlay Districts, and exceeding a net density of 1.0 dwelling unit per acre in the RES-1 FLUC. Additionally, the applicant requests Specific Approval for an alternative of LDC Section 1001.4.D.1 since the project design includes a cul-de-sac that exceeds the maximum allowable length (800 feet).

• Planned Development is the necessary process to achieve Special Approval and Specific Approval. However, staff cannot analyze or provide a conclusion of recommendation with respects to Special, or Specific Approvals associated with the proposed Preliminary Site Plan for compliance, compatibility or consistency until such time that the proposal will be found consistent with the Florida Statutes, the Comprehensive Plan, and the Land Development Code as explained previously.

• Staff recommends DENIAL of this request.

• On July 14, 2016 the Planning Commission continued the public hearing.

• On August 4, 2016 the Board of County Commissioners continued the public hearing.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email.

Reviewing Attorney
Schenk

Instructions to Board Records
N/A

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Staff Report - Myara Subdivision - PDR-15-30(Z)(P).pdf
Attachment:  Attachment 2 - Zoning Disclosure Affidavit.pdf
Attachment:  Attachment 3 - Maps - FLU, Zoning and Aerials.pdf
Attachment:  Attachment 4 - Preliminary Site Plan.pdf
Attachment:  Attachment 5 - Special Approval Request Letter.pdf
Attachment:  Attachment 6 - Myara Subdivision Trasportation Review Comments.pdf
Attachment:  Attachment 7 - Traffic Impact Statement.pdf
Attachment:  Attachment 8 - School Board Report.pdf
Attachment:  Attachment 9 - Copy of Newspaper Advertising.pdf
Attachment:  Attachment 10 - Public Comments.pdf
Attachment:  Attachment 11 - Support Analysis Proposed Stips. for Alternative Motion.pdf
Attachment:  Attachment 12 - Supplemental Info from Applicant.pdf