www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers June 1, 2017 - 9:00 a.m.
June 1, 2017 - Land Use Meeting
Agenda Item #14


Subject
PDMU-16-02(P) - Gulfside Homes Bowlees Creek LLC/Blu Harbour - 20160121 - Quasi-Judicial - Stephanie Moreland, Planner

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenter:

   Stephanie Moreland, Principal Planner, 941-748-4501 ext. 3880

Contact:

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



Action Requested

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 Preliminary Site Plan [PDMU-16-02(P)] and DENYING Special Approval for a project: 1) exceeding a gross density of six dwelling units per acre in the R/O/R Future Land Use Category; 2) exceeding a net density of nine dwelling units per acre in the R/O/R FLUC; 3) exceeding a gross density of nine dwelling units per acre in RES-16; 4) exceeding a net density of 12 dwelling units per acre in RES-16 FLUC;  5) in the Coastal Evacuation Area; 6) partially in the Coastal High Hazard Overlay District; 7) adjacent to a perennial stream; 8) in the Airport Impact Overlay District; 9) modifying a non-conforming structure; DENYING A SPECIFIC FINDING for a project proposing residential building heights of 90 feet in the Airport Impact Overlay District; DENYING the Findings for Specific Approval; and DENY Specific Approval for an alternative to Land Development Code, Section 701, Figure 7-4 [Buffer Screening Matrix; Width of Buffer Required (in feet)], as recommended by the Planning Commission.

(Commissioner DiSabatino)



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

Background Discussion:
• The overall 19.01± acre site is north of Bowlees Creek, south of 69th Avenue West, and west of US 41.  The site was previously used as a golf driving range and a mobile home park.  Prior to the recent construction of the Discovery Village at Sarasota Bay ALF, the site was partially vacant with some marina type uses which included boat parking, a private boat launch area and boat slips.  The site includes a peninsula in the southern part of the site.  South of the property is a perennial stream, Bowlees Creek.
• In 2007, the Board of County Commissioners approved a site plan [PDR-05-37(Z)(P)] for 155 residential units and 53 boat slips.   
• On 2/4/2010, the Board of County Commissioners approved a rezone to PDMU (Planned Development Mixed Use) and a Preliminary Site Plan [PDMU-09-10(Z)(P)] for two options;  Option A included 144 multi-family dwelling units, including buildings taller than 35 feet; a 200 rack dry boat storage facility (51,000 square feet), and 53 existing wet slips.  Option B included 162 multi-family dwelling units, including buildings taller than 35 feet, and 53 existing wet slips. The Preliminary Site Plan expired in 2015. 
• On April 4, 2013, the Board of County Commissioners approved a Preliminary Site Plan [PDMU-12-19(P)] for two options (A & B as follows) on 19.01± acres; Option A proposed eliminating the 200 rack dry boat storage, increasing the number of dwelling units to 246 to include a 126-bed or 21-units “Assisted Living Facility” (f.k.a. group care home-LDC), and retained 53 existing wet slips.  Option B proposed eliminating the 200 rack dry boat storage and Assisted Living Facility, increasing the number of dwelling units to 246 and retaining 53 existing wet slips.   From Option A, only the “Assisted Living Facility” was constructed and called “Discovery Village at Sarasota Bay”. The Preliminary Site Plan will expire April 4, 2018.
• Manatee County Comprehensive Plan designates the site as RES-16 (Residential-16 dwelling units per acre) and R/O/R (Retail/Office/Residential-9 dwelling units per acre) on the Future Land Use Map (FLUM).  The RES-16 and R/O/R Future Land Use Categories list residential uses in the range of potential uses for consideration.
• The site is zoned PDMU/AI/CH/WR (Planned Development Mixed Use/Airport Impact and Coastal High Hazard/Whitfield Residential Overlay Districts).
• The following Special Approvals are required for this project:

1) exceeding a gross density of six dwelling units per acre in the R/O/R Future Land Use Category;

2) exceeding a net density of nine dwelling units per acre in the R/O/R FLUC;

3) exceeding a gross density of nine dwelling units per acre in RES-16;

4) exceeding a net density of 12 dwelling units per acre in RES-16 FLUC; 

5) partially in the Coastal Evacuation Area;

6) partially in the Coastal High Hazard Overlay District;

7) adjacent to a perennial stream;

8) in the Airport Impact Overlay District; and

9) modifying a non-conforming structure; 

  • Additionally, Specific Approvals are required for a reduced buffer width and waterfront setback, however, due to the recommendation for denial, staff analyzed but cannot provide a conclusion of recommendation pertaining to the Specific Approvals until the proposal is found to be consistent with the Manatee County Comprehensive Plan, and Land Development Code.

The site is partially in the Urban Service Area.
• The multi-family units are proposed in four (4) seven-story buildings with a maximum height of 90± feet. 
• In accordance with Manatee County Comprehensive Plan, Policy 5.13.2.3, the Sarasota Bradenton International Airport Authority reviewed the proposed application and in its report, raised significant concerns which strongly opposes the proposed development with the 90±-foot maximum height for the residential multi-family buildings.  Additionally, the report indicates that the tall buildings will be in the flight paths of two of the airport’s runways for landing and take-off; future residents will be adversely affected by noise from low flying commercial passenger jet aircrafts (200+ passengers); and general aviation jet and propeller aircrafts which will pass over as low as 133 feet from the building. 
• Given the entire site is within the boundaries of the AI (Airport Impact) Overlay District, and subject to applicable AI requirements listed in Manatee County Comprehensive Plan Policy 2.2.2.7, as well as, those requirements listed in Manatee County Comprehensive Plan Policy 5.12 and 5.13; and based on the concerns noted in the Sarasota Bradenton International Airport Authority’s report relative to safety and noise; and to ensure that the proposed development will not create any external impacts that would adversely affect the airport’s flight paths, Staff recommends denial of the proposed 90± foot height for the multi-family residential buildings.
• On May 11, 2017, by a vote of 6 – 0, the Planning Commission recommended denial of the project. Mr. Rhoades was absent.
• A summary of the public comments heard at the May 11, 2017 Planning Commission public hearing are in the staff report attached to this memo.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email to Matter 2017-0200 on April 19 & 27, 2017.

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 - Gulfside Homes - Blu Harbor - PDMU-16-02(P).pdf
Attachment:  2 - Maps and Aerials.pdf
Attachment:  3 - Preliminary Site Plan.pdf
Attachment:  4 - School Report.pdf
Attachment:  5 - SRQ Review Letters.pdf
Attachment:  6 - Specific and Special approval request.pdf
Attachment:  7 - Exparte Communication from Commissioner.pdf
Attachment:  8 - Newspaper Advertising.pdf
Attachment:  9 - Airport comments and additional presentation time .pdf
Attachment:  10 - Ordinance PDMU-16-02(P) if approved.pdf
Attachment:  11 - Public Comments.pdf