www.mymanatee.org
Manatee County Government Administrative Center Commision Chambers, First Floor 9:00 a.m. - October 3, 2013
REVISED October 3, 2013 Land Use Meeting
Agenda Item #7


Subject
PDC-13-23(Z)(G) - Thomas A. Howze u-a-d - Howze Rezone - DTS20130153 - Quasi-Judicial - Shelley Hamilton

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Shelley Hamilton

Principal Planner

941-748-4501 ext. 6863



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. PDC-13-23(Z)(G); APPROVE the General Development Plan with Stipulations A.1-A.15, B.1-B.3, C.1, and D.1-D.2; GRANT Special Approval to allow a Small Commercial development over 3,000 square feet in the AG/R (Agricultural Rural) Future Land Use Category, as recommended by the Planning Commission.

Commissioner Baugh



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion
  • King Engineering, on behalf of Thomas Howze, has filed a rezone application from “A” (General Agriculture) to “PDC” (Planned Development Commercial) and an accompanying General Development Plan.  The 5.48 + acre site is north of S.R. 70 at Verna Bethany Road.  The application is proposing 30,000 square feet of Neighborhood Commercial Retail uses on the subject property;
  • The site is designated Ag/R on the Future Land Use Map; the maximum square footage allowed in the Ag/R FLUC without a Special Approval is 3,000 ;
  • The applicant is requesting Special Approval to allow the 30,000 square foot development, in accordance with Comprehensive Plan Policy 2.10.2.2;
  • The site is in an “C” Flood Zone;
  • The property is outside of the Manatee County water and sewer service area and service will provided by well and septic tanks;  
  • Staff recommends approval with stipulations;
  • On July 11, 2013, by a vote of 5 – 2, the Planning Commission recommended approval. Mr. Bedford and Mr. Conerly voting nay due to lack of a site plan and infrastructure;
  • A summary of public comment from the July 11, 2013 Planning Commission public hearing is in the staff report attached to this memo;
  • On August 8, 2013, by a vote of 7 to 0, the Board of County Commissioner continued the Public Hearing to October 3, 2013.
    • Continuance was a result of BOCC concerns relating to the proximity of a proposed gas station with pumps in relation to the City of Sarasota Verna Wellfield property;
    • Staff solicited input from Sarasota County, the City of Sarasota, Florida Statutes and Florida Administrative Code, and the Manatee County Land Development Code relating to Wellhead protection from underground contamination possibilities;
    • Based on the review and comments from adjacent communities, staff recommends restrictions and regulations of activities to prohibit several uses on the site (wastewater treatment facilities, phosphate mining, solid waste facilities, uses that generate or store hazardous materials, and uses that employ chemical storage tanks above and below ground).  These restrictions are found in Stipulation No. A-3.
    • Given this information and with the concerns of the adjacent property owners, the applicant withdrew the request for gas pumps on the subject property;

 

  • A summary of public comment from August 8, 2013 Board of County Commission public hearing is in the staff report attached to this memo.
  • Also included in the staff report is a complete update of the information gathered since the August 8, 2013 BOCC public hearing.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague reviewed this item.

Reviewing Attorney
N/A

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 Aerial - Howze Rezone - PDC-13-23(Z)(G) - 8-8-13 BC.pdf
Attachment:  Staff Report - Howze Rezone - PDC-13-23(Z)(G) - 10-3-13 BC.pdf
Attachment:  Stipulations Revised at Planning Commission on July 11, 201.pdf
Attachment:  Copy of Newspaper Advertising - Howze Rezone - PDC-13-23(Z)(G) - 8-8-13 BC.pdf
Attachment:  Ordinance Howze Rezone PDC13-23(Z)(G) 10-03-13 bcc.pdf
Attachment:  Public Comments - Howze Rezone - PDC-13-23(Z)(G) - 10-03-13 BC.pdf
Attachment:  Site Plan - Howze Rezone - PDC-13-23(Z)(G) -10-3-13 BC.pdf
Attachment:  Special Approval Request Letter - Howze Rezone - PDC-13-23(Z)(G) - 8-8-13 BC.pdf
Attachment:  Traffic Impact Statement - Howze Rezone - PDC-13-23(Z)(G) - 8-8-13 BC.pdf