www.mymanatee.org
Manatee County Government Administrative Building First Floor - Chambers February 15, 2017 - 9:00 a.m.
REVISED February 15, 2017 - Special Land Use Meeting (Continuation from January 26 and 30, 2017)
Agenda Item #1


Subject
Z-14-09 - Mosaic Fertilizer, LLC/Wingate East - DTS20140547 - Quasi-Judicial - Lisa Barrett, Planning Manager

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenter:

   Lisa Barrett, Planning Manager, 941-748-4501 ext. 6884

Contact:

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



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, I move to ADOPT Manatee County Zoning Ordinance No. Z-14-09, as recommended by the Planning Commission.

(Commissioner Whisenant Trace)



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

• The request is to rezone approximately 3,595.99 acres from A (General Agriculture) to EX (Extraction Zoning District).

• The site is located north of SR 64, adjacent to Wingate Creek Mine and Wingate Extension to the west, Duette Preserve to the north, extending east to the Manatee/Hardee County line.

• The rezone application is accompanied by a Master Mining Plan (MMP) to allow mining of the resource on site.

• Existing Wingate Creek Mine was originally part of a DRI.  Per statute, solid mineral mines are no longer reviewed thru the DRI process, but still required to obtain local approvals of the rezone, MMP, and Operating Permits.

• Potential impacts are analyzed with the accompanying MMP as this is a straight rezone.

• EX zoning is consistent with the AG/R FLUC.

• EX zoning is a logical expansion of the EX zoning in this area.

• Staff recommends approval of the rezone to EX, contingent upon approval of the MMP.

• On August 18, 2016, by a vote of 5 – 1, the Planning Commission recommended adoption. Mr. Horrigan was absent. Mr. Bower voted nay stating he still has reservations about the potential implications should something happen to the Lake Manatee Watershed and the Peace River Watershed. He suggested a more in depth analysis on how to make this work for everyone. Despite all of the information presented Mosaic Fertilizer has not met the burden of overriding public benefit due to potential adverse impacts to the water quality within the watersheds and wetlands (Comprehensive Plan Policies 2.2.2.2.5(c) and 3.3.1.2). He did not agree with putting slurry pumps and pipes in the setback area and no setback reduction adjacent to Duette Park.

• A summary of the public comments heard at the August 18, 2016 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
William Clague reviewed and responded to Matter 2016-0601 by email.

Reviewing Attorney
Clague

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

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Staff Report - Wingate East - Z-14-09.pdf
Attachment:  Attachment 2 - Staff Report Maps.pdf
Attachment:  Attachment 3 - Zoning Disclosure Affidavit.pdf
Attachment:  Attachment 4 - Applicant request for additional presentation time..pdf
Attachment:  Attachment 5 - Additional Information from the applicant - Resumes - Wingate East - Z-14-09.pdf
Attachment:  Attachment 6 - Newspaper Advertising.pdf
Attachment:  Attachment 7 - Zoning Ordinance w CAO edits.pdf
Attachment:  Attachment 8 - Public Comment.pdf
Attachment:  Additional Public Comments - Wingate East - Z-14-09.pdf
Attachment:  2nd Additional Public Comments - Wingate East -.pdf
Attachment:  Supplemental Public Comments.pdf
Attachment:  2nd Supplemental Public comments.pdf
Attachment:  3rd Supplemental Public Comments.pdf
Attachment:  Request from Applicant for additional rebuttal time..pdf
Attachment:  Zoning Ordinance w CAO edits with update hearing dates.pdf
Attachment:  4th Supplemental Public Comments.pdf