www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, 1st Floor 9:00 a.m. - May 1, 2014
May 1, 2014 Land Use
Agenda Item #5


Subject
PDR-06-72(P)(R2) - William Briggs McClatchy/Tillett Bayou Preserve Subdivision - DTS20130402 - Quasi-Judicial - Stephanie Moreland

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Stephanie Moreland

Principal Planner

941-748-4501 ext. 3880



Action Requested

RECOMMENDED 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, as conditioned herein, I move to ADOPT Manatee County Zoning Ordinance No. PDR-6-72(P)(R2); amend and restate Ordinance No. PDR-06-72(P); and APPROVE the Revised Preliminary Site Plan [PDR-06-72(P)(R2)] with Stipulations A.1, B.1-B.12, C.1-C.13, D.1-D.5 and E.1-E.3; GRANT Special Approval for a project: 1) adjacent to a perennial stream; 2) in the Coastal Evacuation Area; 3) Coastal High Hazard Overlay District; 4) utilizing septic tank systems in the North County Wastewater Treatment Collection Area; ADOPT the Findings for Specific Approval; and GRANT Specific Approval for an alternative to Land Development Code Sections 603.7.4.1 (buffers), 603.7.4.5 (trees in greenbelt buffers), 715.3.2.c-3 (residential greenbelts), 722.1.4.2 (sidewalks), and 740.2.6.18 (Private Streets), as recommended by the Planning Commission.

Commissioner Bustle



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

The site is within the Coastal Planning Area (CPA), Coastal Evacuation Areas (CEA) and Coastal High Hazard Area (CHHA).  The representative tracts of native upland communities on-site are not being preserved in open space. Special Approval is required for a project in CEA and CHHA. 

The Hurricane Evacuation Plan was previously approved by Manatee County Public Safety Department. Staff recommends the Plan be updated prior to Final Site Plan approval.

The site is in the North County Wastewater Treatment Collection Area.  The current request proposes to change from sanitary sewer (previously approved) for 34 lots to individual septic tank systems for 15 lots.  There are no wastewater facilities immediately adjacent to the site.  The nearest facility is on the east side of U.S. 19 at Terra Ceia Road, approximately 2,300 feet from the project via public roadways.

The applicant is requesting Special Approval for the alternative use of individual septic tanks for sewage disposal.  The total cost to utilize septic tank systems is estimated to be $150,000.00.  The cost to connect to the existing county wastewater collection system is approximately $439,670.00.  Special Approval for the installation of any new septic systems within the proposed development requires approval by the Board of County Commissioners or connection to the County sewer must be utilized (Policy 9.2.1.2).  The analysis for Special Approval is in the staff report.

Each residence septic tank system in the proposed subdivision will be reviewed on a case by case basis. In this way, the Department of Health (DOH)-Manatee ensures that the systems are designed, constructed and installed in compliance with State regulations.

The proposed design indicates proposed lot sizes ranging from 0.88± acres to 5.42± acres.  The site is zoned PDR (PDR-91-06). The proposed lot sizes are consistent with the minimum lot size (6,000 sq. ft.) previously established for this part of Terra Ceia.

Two lots have frontage and access on Bayshore Drive.  Two lots have frontage and access on Center Road. The remaining lots will front and have access to newly created private roadways connecting Bayshore Drive, and Center Road.  Lot 12 will utilize an existing access easement connecting Boyd Lane.

The applicant requests extending the PSP two years, expiring May 12, 2016.  According to LDC Section 508.8.2, Preliminary Site Plans may be extended two years beyond the original expiration date.  Board approval is required to allow extension of the Preliminary Site Plan.

Staff have the following concerns:

• Parks & Natural Resources Department (PNRD) staff has an environmental issue relative to nitrogen loading with the proposal.  Tillett Bayou Preserve project is adjacent to lower Tampa Bay and is subject to the conditions associated with the federal EPA Total Maximum Daily Load (TMDL) for Tampa Bay and its watershed.  It is also adjacent to the Tillet Bayou, an Outstanding Florida Water (OFW).

• To develop a comprehensive baywide nitrogen management strategy, the Tampa Bay Nitrogen Management Consortium (TBNMC) was formed in 1996 and developed an Action Plan to implement the Tampa Bay “hold-the-line” nitrogen target loads from the 1992-1994 time period. 

• To meet the nitrogen target loads into the future, allocations were assigned to all TBNMC members (including Manatee County). It was determined that future growth will require projects and/or transfers to offset any nitrogen increases.

• In order to be consistent with this goal, the Tillett Bayou Preserve development should be required to ensure that its post-development nitrogen loads from all sources (i.e. septic systems, landscaping, stormwater, etc.) do not exceed its pre-development loads.  If not, the developer could propose to provide the offsets.

Staff supports the Specific Approval requests for elimination of the 20’ buffer abutting Center Road and Bayshore Drive, reduced road width for a private street, elimination of the required 10-foot wide perimeter buffers in areas where there are wetlands or wetland buffers, platting through the greenbelts, and elimination of sidewalks.   

Staff recommend approval subject to the recommended stipulations.

On April 10, 2014, by a vote of 6 – 0, the Planning Commission recommended approval.

A summary of the public comments from the April 10, 2014 Planning Commission public hearing are in Bthe staff report attached to this memo.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague reviewed and responded by email on March 21, 2014.

Reviewing Attorney
Clague

Instructions to Board Records
Please forward a copy of the executed document and the letter from the Florida Department of State to bobbiroy@mymanatee.org

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Maps-Future Land Use, Zoning, Aerial - Tillett Bayou - PDR0672 - 05-01-2014 BC.pdf
Attachment:  Staff Report - Tillett Bayou Preserve Subdivision - PDR-06-72(P)(R2) - 05-01-14 BC.pdf
Attachment:  Copy of newspaper advertising - Tillett Bayou Preserve - PDR-06-72(P)(R2) - 5-1-14 BC.pdf
Attachment:  Ordinance - Tillett Bayou Preserve - PDR-06-72(P)(R2) - 5-1-2014 BC.pdf
Attachment:  Public Comment - Tillett Bayou - PDR0672 - 05-01-2014 BC.pdf
Attachment:  Request for Specific Approval - Tillett Bayou - PDR0672 - 05-01-2014 BC.pdf
Attachment:  Site Plan - Tillett Bayou - PDR0672 - 05-01-2014 BC.pdf
Attachment:  Slideshow - Planner - Tillett Bayou Preserve - PDR-06-72(P)(R2) - 5-1-14 BC.pdf
Attachment:  Traffic Impact Statement - Tillett Bayou - PDR0672 - 05-01-2014 BC.pdf