www.mymanatee.org
Manatee County Government Administrative Center First Floor Chambers November 5, 2015 - 9:00 a.m.
REVISED November 5, 2015 - Land Use Meeting
Agenda Item #6


Subject
PDR-04-14(P)(R3) - Mandarin Development, Inc./Riva Trace - DTS20150340 - Quasi-Judicial - Margaret Tusing

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenter:

   Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828

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 DENY Manatee County Zoning Ordinance No. PDR-04-14(P)(R3); as recommended by staff.

ALTERNATIVE MOTION:
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 ADOPT Manatee County Zoning Ordinance No. PDR-04-14(P)(R3); APPROVE the amended Preliminary Site Plan with the sole change being to delete the emergency access onto Meeting Street with Stipulations A.1 – A.13, B.1 – B.6, C.1 – C.7, D.1 – D.3, E.1 – E.6, as amended.

(COMMISSIONER BAUGH)



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

• The Applicant is requesting a revision to the previously approved Preliminary Site Plan (PSP) to eliminate the emergency access on Meeting Street and to revise Zoning Ordinance PDR-04-14(P)(R) by deleting Stipulations A.9 (prohibiting construction traffic from utilizing the emergency access) and A.10 (prohibiting residential home construction traffic from utilizing the emergency access).  A companion application is for the vacation of 600-feet of improved platted right-of-way known as San Miguel Cove (R-15-126).

• This project has a history dating back to July 26, 2005.  Each site plan reviewed and/or approved during this timeframe included the emergency access at Meeting Street with the requirement that the emergency gate meet the requirements of Manatee County Ordinance 04-30 requiring that the gate is accessible by either a remote control or siren activated system.

• Staff does not support the request to eliminate this emergency access for the following reasons:

            1. The primary access for Riva Trace Subdivision is Rio Bella Place, a cul-de-sac with a length of 2,330-feet.  During the review and approval process for the Specific Approval and on every site plan presented and in every Stipulation agreed to by the Applicant and their legal counsel, the emergency access was provided and staff considered the existence of the emergency access in their recommendation to approve a cul-de-sac greater than 800-feet.

             2. The Riva Trace Subdivision is bisected by a tributary creek which flows into the Braden River both of which are delineated within the 100-year floodplain.  There is a box culvert crossing the tributary creek at Rio Bella Place just west of the intersection of San Miguel Cove (emergency access location).  Maintaining the existing emergency access will help to ensure that in the event of an emergency that the 54 Riva Trace homes (63% of the Riva Trace lots) located east of the tributary creek crossing have an alternative means of ingress/egress.

 



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
Please forward a copy of the executed document to bobbi.roy@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 and two Aerials - Riva Trace - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  Staff Report - Riva Trace Gate - PDR-04-14(P)(R3) - 11-05-2015 BOCC.pdf
Attachment:  Attachment 1 Riva Trace Street Exhibit.pdf
Attachment:  Attachment 2 Riva Trace FEMA 2014 FIRM.pdf
Attachment:  Attachment 3 Riva Trace Culvert Crossing.pdf
Attachment:  Affidavit of Publishing - Riva Trace - PDR-04-14(P)(R3) - Sarasota Herald Tribune - 11-5-15 BC.pdf
Attachment:  Copy of Newspaper Advertising - Riva Trace Gate - PDR-04-14(P)(R3) - Bradenton Herald - 11-05-15 BC.pdf
Attachment:  Ordinance - Riva Trace - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  Preliminary Site Plan revision to Sheet 7 - Riva Trace - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  Preliminary Site Plan revision to Sheet 9 - Riva Trace - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  Preliminary Site Plan revision to SHEET 48 - Riva Trace - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  Public Comments - Riva Trace Gate - PDR-04-14(P)(R3) - 11-5-15 BC.pdf
Attachment:  COVER SHEET S&S.pdf
Attachment:  Public Comment for Update Memo - Riva Trace - PDR-04-14(P)(R3).pdf