Manatee County Government Administrative Building First Floor, Chambers August 16, 2017 - 9:00 a.m.
August 16, 2017 - Special Land Use Meeting
Agenda Item #2

PDR/PDMU-15-10(Z)(G) - Long Bar Pointe, LLLP & Cargor Partners VIII, Long Bar Pointe, LLLP Rezone/Aqua by the Bay - DTS20150224 - MEPS451 - Quasi-Judicial - Stephanie Moreland, Principal Planner

Briefing Provided Upon Request

Contact and/or Presenter Information


   Stephanie Moreland, Principal Planner, 941-748-4501 ext. 3880


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

Action Requested


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, I move to DENY ADOPTION of the Manatee County Zoning Ordinance No. PDR/PDMU-15-10(Z)(G); DENIAL of the General Development Plan; DENIAL of the request for buildings exceeding 35 feet in height as the request does not satisfy the requirements of LDC Section 402.7.D.9; and DENIAL of the Special Approvals for a: 1) mixed and multiple use project in RES-6 and RES-9 Future Land Use Categories (FLUCs); 2) gross density exceeding six (6) dwelling units in RES-9 FLUC; 3) net density exceeding nine (9) dwelling units in RES-9 FLUC; 4) non-residential project exceeding 30,000 square feet in RES-6 and RES-9 FLUCs; 5) project adjacent to a perennial stream (Sarasota Bay); 6) project partially in the CEA (Coastal Evacuation Area); and 7) project in the CHHA (Coastal High Hazard Area); as recommended by staff and the Planning Commission and to direct findings to support denial of these applications to be brought back to the Board for action.

(Commissioner Jonsson)

Enabling/Regulating Authority

Manatee County Land Development Code

Manatee County Comprehensive Plan

Background Discussion

• Long Bar Pointe, LLLP & Cargor Partners VIII, Long Bar Pointe, LLLP, applicants for the Aqua By The Bay project requests approval of a Large Development Project consisting of a rezone of 190.97± acres as follows:
  -  38.66± acres (Parcel One) from RSF-4.5 (Residential Single-Family 4.5 dwelling units/acre) to PDR;
        -  22.17± acres (Parcel Two) from A-1 to PDR; and
  -  130.14± acres (Parcel Three) from PDR and A-1 to PDMU (Planned Development Mixed Use),                   retaining the CHHA (Coastal High Hazard Area), CEA (Coastal Evacuation Area), and CPA (Coastal Planning Area) Overlay Districts;
• The applicants also request approval of a General Development Plan (GDP) to allow a seven-phased mixed-use development on 529.18± acres to include;
- 78,000 square feet of neighborhood retail commercial uses (restaurants, personal service uses, office)  and general commercial uses, limited to 3,000 square feet; and
- 2,894 residential units (2,384 multi-family units and 510 lots for single-family attached, single-family detached, and single-family semi-detached residences);
- recreational amenities, and private docking facilities. 

• The site is west of the intersection of 75th Street West and 53rd Avenue West, between El Conquistador Parkway and Sarasota Bay, a perennial stream.

Historically, the vacant site has been used for agricultural uses.  According to the Environmental Narrative (by Eco Consultants), the site consists of fallow crop lands; several large agricultural canals; several upland-cut ponds; disturbed uplands, and wetlands. Other prominent features include a network of 30-foot wide strips (agricultural ditches) which extend eastward, across El Conquistador Parkway to the Manatee Fruit Company (aka Lake Flores) site.
The project includes four (4) corridors that are also included within the Lake Flores General Development Plan (GDP) [PDMU-14-20(Z)(G)], and are described on the Aqua By The Bay GDP [PDR/PDMU-15-10(Z)(G), MEPS 451] as the Lake Flores Drainage Corridors (LFDCs).  The subject project is permitted to utilize the 30-foot strips per Instrument dated July 22, 22, 1957, Deed Book 374, Page 371 of the Public Records of Manatee County, Florida. This was further confirmed in a 2014 agreement between the Applicant and Manatee Fruit Company (aka Lake Flores).  A stipulation is included in the staff report which states that Manatee County has no responsibility to resolve disputes between the owners of the Aqua By The Bay Project and the Lake Flores Project regarding the use of the LFDCs.

• The site is in the RES-6 (Residential-six dwelling units per acre) and RES-9 (Residential-nine dwelling units per acre) Future Land Use Categories (FLUCs).
• Special Approval is required for a: 1) mixed and multiple use project in RES-6 and RES-9 Future Land Use Categories; 2) gross density exceeding six (6) dwelling units in RES-9 FLUC; 3) net density exceeding nine (9) dwelling units in RES-9 FLUC; 4) non-residential project exceeding 30,000 square feet in RES-6 and RES-9 FLUCs; 5) project adjacent to a perennial stream (Sarasota Bay); 6) project partially in the CEA (Coastal Evacuation Area); and 7) project in the CHHA (Coastal High Hazard Area).
• The site is currently zoned A-1 (Suburban Agriculture – One dwelling unit per acre), RSF- 4.5 (Residential Single-Family, 4.5 dwelling units per acre), PDR (Planned Development Residential), and PDMU (Planned Development Mixed Use).
• The site lies in Flood Zones VE [an area inundated by 1% annual chance flooding with velocity hazard (wave action); BFE’s have been determined] with Base Flood Elevations of 13', 14', 15’ NAVD 1988 and AE (an area inundated by 1% annual chance flooding, for which BFEs have been determined) with Base Flood Elevations of 11', 12', 13' NAVD 1988 per FIRM Panels 12081C0284E, 12081C0292E, and 12081C0311E, effective 3/17/2014.  A portion of the property also lies in the Coastal Barrier Resource System. This has been designated and mapped by the U.S. Fish & Wildlife Service and approved by Congress.
• A small part of the site is in the Urban Service Area.  These are areas where public facilities and services are in place or are identified in the capital improvements element. 
• The applicant proposes three building types with heights exceeding 35 feet as shown in the Building
• Product Types table below:

Building Product Types - Table


Building Product Types


Maximum Height


Number of Buildings






95 feet tall



Central part of site (shown in pink and orange on GDP)




145 feet tall




Central part of site (shown in pink on GDP




36 feet - 75 feet tall

 limited by approved number of dwelling units on GDP


Not included

• Based on Manatee County Comprehensive Plan Land Use Operative Provision, the total number of residential units proposed (2,894) for the project is equal to the maximum number of dwelling units permitted (2,894). Therefore, the project has established gross density compliance with the Future Land Use Map. 
• The typical minimum lot size for single-family detached residences is 5,625 sq. ft. and 2,500 sq. ft. for semi-detached residences.  Minimum front yard setbacks of 20 and 25 feet are proposed for single-family detached, semi-detached residences and townhouses; 30 and 35 feet for multi-family and mixed use buildings (setback chart included further in staff report).
• 78,000 square feet is proposed for the commercial uses.  The site abuts El Conquistador Parkway (Arterial) and is within 1,500 feet of the intersection of 53rd Ave West (Arterial) and 86th Street West (local), a node eligible for consideration of commercial development.    Additionally, Policy, exempts Large Project developments (which have mixed uses with a residential component and meet minimum development characteristics, have commercial uses internal to neighborhoods), whose main neighborhood access is on a road designated as a collector or higher, from commercial locational criteria.
• Staff recommends an overall layout of the entire project be submitted with the future Preliminary and Final Site Plan submittals for administrative review. 
• LDC Section 1001.1.C, requires a second means of access for residential developments or parts of phases containing more than one hundred (100) residential dwelling units.  The General Development Plan shows six access points connecting El Conquistador Parkway and one connecting 86th Street West.  There are interior access points proposed for each phase.
• Transportation concurrency was evaluated and a Traffic Impact analysis (TIA) prepared and reviewed to determine impacts on El Conquistador Parkway and associated intersections near the project site.  The TIA is approved by the Transportation Planning Division.  The results of the TIA indicates what level of service (if any) are existing at studied intersections and roadway segments.  The project-related concurrency improvements and requirements are detailed in the Transportation Section of the staff report. 
• A minimum of 30% open space is proposed to be provided. 25% is required.  Approximately 28± acres of upland parks and open space areas is proposed.   An additional 30± acres of open water lagoons, each with a beach shoreline will be created for recreational purposes. 
• Recreational amenities may include any of the following: estuary enhancement areas, common swimming areas, fitness centers, beaches, multi-use fields, boardwalks, trails, observation piers, dog parks, playgrounds, open space, tennis courts or similar uses. 
• There are “approximately 264.36± acres of wetlands. 13.29± acres will be impacted. 
• A 20-foot roadway buffer is proposed along El Conquistador Parkway and a 15-foot roadway buffer is proposed along 86th Street West.  Staff recommends a stipulation be included in the staff report requiring the applicant to provide and install the required 20-foot wide buffer adjacent to that segment of 86th Street West, designated as public roadway. 
• Staff recommends DENIAL.
• Any updates from the August 10, 2017 Planning Commission public hearing will be on the update memo for this hearing.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by emails to Matter 2017-0103 on March 3 & 15, April 4, May 17, July 12 & 26 and August 11, 2017.

Reviewing Attorney

Instructions to Board Records


Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Aqua by the Bay staff report for 081617 BOCC.pdf
Attachment:  2 - Maps and Aerials.pdf
Attachment:  3 - Site Plan (dated July 21, 2017).pdf
Attachment:  4.A - Survey Sketch with legal description.pdf
Attachment:  4.B - Survey Sketch with legal description.pdf
Attachment:  5.A - Consultant RK&K Report 72417.pdf
Attachment:  5.B - Consultant RK&K report dated August 2, 2017.pdf
Attachment:  5.C - Consultant RKK report dated Aug 11 2017 (3).pdf
Attachment:  6 - TIA without appendices.pdf
Attachment:  7 - School Report .pdf
Attachment:  8 - Additional Information from County Staff.pdf
Attachment:  9.A - Large Project Narrative 1 of 2.pdf
Attachment:  9.B - Large Project Narrative 2 of 2.pdf
Attachment:  10 - Elevations.pdf
Attachment:  11 - Building Height Exhibit created by LRK 62817.pdf
Attachment:  12 - 2017-06-28 Height Analysis.pdf
Attachment:  13 - Zoning Disclosure Affidavits.pdf
Attachment:  14 - Ecosystem Mgmt Plan .pdf
Attachment:  15 - Newspaper Advertising.pdf
Attachment:  16 - Xparte Communication from Commissioner .pdf
Attachment:  17 - Ordinance PDR-PDMU-15-10(Z)(G).pdf
Attachment:  18 - Public Comments 1 of 7.pdf
Attachment:  18 - Public Comments 2 of 7.pdf
Attachment:  18 - Public Comments 3 of 7.pdf
Attachment:  18 - Public Comments 4 of 7.pdf
Attachment:  18 - Public Comments 5 of 7.pdf
Attachment:  18 - Public Comments 6 of 7.pdf
Attachment:  18 - Public Comments 7 of 7.pdf