This is to give notice that Manatee County as the Responsible Entity, under 24 CFR Part 58, has conducted an evaluation of practicable alternatives to locating this development in the FFRMS floodplain and the potential impacts on the floodplain from the proposed action. This evaluation is required by Executive Order 11988 as amended by Executive Order 13690, in accordance with HUD regulations at 24 CFR 55.20 Subpart C, Procedures for Making Determinations on Floodplain Management and Wetland Protection.

Ninth Street Apartments, located at located at 5420 10th Lane East in Bradenton, Manatee County, Florida 34203, consists of an approximate 6.71-acre parcel of undeveloped grassed and partially wooded land (Subject Property). Bright Community Trust, the Sponsor, is submitting this project for Home Investment Partnerships Program (HOME) funds for the development of one (1) four-story multi-family residential apartment structure, including one hundred and thirty-four (134) units. It should be additionally noted that the western adjacent tracts of land associated with ingress/egress, frontage improvements, and utility connections are located in the Environmental Review due to HUD's aggregation requirements.

According to FEMA Flood Insurance Rate Map (FIRM) #12081C-0308E, dated March 17, 2014, the majority of the subject property is located in Unshaded Zone X, designated as an area outside the 100 and 500-year floodplain; however, according to the 500-Year Floodplain Exhibit prepared by Kimley and Horn dated February 2025, the southern portion of the subject property is located in Shaded Zone X, designated as an area within the 500-year floodplain associated with Bowlees Creek. According to the FEMA Flood Map Service Center accessed at https://msc.fema.gov/portal/home, there are no preliminary or pending FIRMs for the subject property.

With the 500-year floodplain mapped/defined, that is the extent of the Federal Flood Risk Management Standard (FFRMS) floodplain for this project under the 0.2% Annual Chance Flood Approach (0.2PFA).

According to the 500-Year Floodplain Exhibit prepared by Kimley and Horn, grading and the installation of an 18-inch storm pipe and discharge associated with the proposed lined wet detention pond are proposed within the 500-year/FFRMS floodplain. Approximately 0.26 acres of the FFRMS floodplain encroaches onto the subject property boundaries, of which impacts to approximately 0.12 acres are being proposed.

Floodplains provide natural and beneficial values by acting as natural filters, providing water storage, and recharging groundwater aquifers. They can also provide habitat for a variety of biologically unique flora and fauna. However, the subject property has already been impacted via the existing development and no longer represents a floodplain in its natural state. The floodplain does minimally provide the functions of water storage and groundwater recharge.

Manatee County has considered the following factors, alternatives, and mitigation measures to be taken to minimize adverse impacts and to restore and preserve beneficial values of the FFRMS floodplain: 

(i) The community will benefit from the construction of Ninth Street Apartments as the development of the subject property will contribute to revitalization efforts within the immediate site area. According to the Comprehensive Plan of Manatee County, Florida accessed at https://library.municode.com/fl/manatee_county/codes/comprehensive_plan, the need for affordable and decent housing is a concern. The housing goal is to facilitate the development of housing that is affordable to residents of all income levels, recognizing that affordable living requires affordable housing, near employment, shopping, services and alternative transportation. The Ninth Street Apartments apartment complex will carry out this objective by constructing a multifamily development that will provide quality housing to residents of varying income levels with a focus on affordable housing. According to the Market Study prepared by Meridian Appraisal Group dated February 19, 2025, the area of the subject property is intensely developed with industrial uses and scattered residential and supporting commercial uses.  U.S Highway 41/301, just east of the subject property, is a primary commercial corridor in the subject neighborhood with a wide range of uses including gas/convenience stores, used car dealers, hotels, fast food restaurants, a flea market, hospital, grocery stores and the DeSoto Square Mall. Additionally, roadway and frontage improvements will allow safe passage to off-street transit stops that will connect residents to businesses in the Bradenton and Manatee County area via the Manatee County Area Transit/MCAT https://www.mymanatee.org/manatee-county-area-transit).

(ii) Modifications that could result in avoidance or minimization include developing only outside of the FFRMS floodplain.  However, the proposed action if approved would only result in impacts to approximately 0.12 acres of the total 0.26 acres of on-site FFRMS floodplain, consisting of limited grading and the installation of an 18-inch storm pipe and discharge associated with the proposed lined wet detention pond.  These modifications are unavoidable due to the fact that the on-site FFRMS floodplain is irregularly shaped and occupies a small outer fringe of the subject property. Eliminating a portion of the proposed development would reduce the proposed impact to the FFRMS floodplain; however, it would require reduction of the proposed structure to provide enough land area outside of the FFRMS floodplain for these features.  The proposed structure is intentionally positioned outside of the FFRMS floodplain.  Therefore, the development as planned is needed to accommodate the existing affordable housing demand.

The “no action” alternative to constructing the proposed development within the FFRMS floodplain area was investigated. If the selected alternative was to not develop the affordable housing complex, it would not satisfy the current need for affordable housing in Manatee County. The proposed development would provide a safe and decent housing community for the residents of Manatee County and would increase the real estate tax base. Therefore, the no-action alternative would not achieve any of the benefits attributed to the proposed activities.

(iii) Avoidance and minimization efforts are being implemented during planning and design to the greatest extent practicable in order to reduce the overall permanent impacts on the floodplain, and to provide mitigation of potential flooding impacts to lives and property. 

Although portions of the site are in the FFRMS floodplain, the following actions will be taken to offset and reduce floodplain impacts: Provide stormwater runoff mitigation through the construction of a stormwater management facility designed to be in compliance with all local, state, and federal requirements through innovative stormwater designs; and provide mitigation of potential flooding impacts to lives and property through constructing the proposed residential building outside of the onsite FFRMS floodplain with both residential and non-residential spaces still constructed above the FFRMS floodplain elevation.

Manatee County has reevaluated the alternatives to building in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with Steps 3 through 6 of Executive Orders 11988 are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.  

There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and wetlands, and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplains and wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will consider actions taking place in floodplains and wetlands, it must inform those who may be put at greater or continued risk.

Written comments must be received by the Responsible Entity at the following address on or before June 30th, 2025 (a minimum 7 calendar day comment period will begin the day after publication). A full description of the project may also be reviewed from 8:00 am to 4:30 pm at this address:

Julie Vieira, Community Development Project Manager

Manatee County Government 

Community and Veterans Services Department

1112 Manatee Avenue West, Suite 500

Bradenton, Florida 34205

941-748-4501, ext. 1266

Comments may also be submitted via email at [email protected].

Publication Date: June 22, 2025