Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 7, 2014
August 7, 2014 Land Use Meeting
Agenda Item #7

PDC-04-38(P)(R) - Victoria Estates/ADB-Buffalo Associates, LLC/Creekside Commons (fka: Creekside Oaks Commercial) - DTS20120170 - Quasi-Judicial - Rossina Leider

Briefing Provided Upon Request

Contact and/or Presenter Information

Rossina Leider


941-748-4501 ext. 6859

Action Requested


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. PDC-04-38(P)(R); APPROVE the Amended Preliminary Site Plan with Stipulations A.1-A-10, B.1-B.3, C.1 and D.1-D.5; GRANT Special Approval for a non-residential project exceeding 30,000 square feet of gross building area in the RES-9 Future Land Use Category; for a project that was previously GRANTED Special Approval for: 1) a commercial project that exceeds 150,000 square feet in the R/O/R Future Land Use Category, and 2) a project adjacent to a Perennial Stream; and for a project that was previously GRANTED Specific Approval for alternatives to LDC Section 604.10.3.4 and 604. of the Land Development Code; ADOPT the Findings for Specific Approval; and GRANT Specific Approval for alternatives to Sections 604.10.3.4.a, 604. and 714.8.7 of the Land Development Code, as recommended by staff.

Commissioner Bustle

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• Creekside Commons (fka Creekside Oaks Commercial) is a shopping center development that includes a variety of retail and service commercial uses, school of special education, and medium intensity recreational uses that was approved by the Board of County Commissioners (BOCC) on June 5th, 2008. The approval includes the following:

- Rezone of a 51.29± acre parcel, including an existing drug store, from PDR/NCO (Planned Development Residential/North Central Overlay) and GC/NCO (General Commercial/North Central Overlay) to PDC (Planned Development Commercial) retaining the overlay district.

- Preliminary Site Plan for 300,000 square feet shopping center that includes an existing 15,374 square foot retail store (CVS), and the construction of a loop road north of the shopping center connecting US 301 to Erie Road. The project is considered a large commercial project (greater than 150,000 square feet) and the design includes nine (9) out-parcels (two without roadway frontage) and two main buildings in the north and east portion of the site

• The site is located at the northeast corner of the intersection of US 301 and Erie Road, and the most recent survey shows the site has 50.68 acres (the previous approval showed 51.29 acres on the site).

• The Manatee Comprehensive Plan designates the site as R/O/R (Retail/Office/Residential) (32.76 acres) and RES-9 (Residential, 19 dwelling units per acre) (17.92 acres) on the Future Land Use Map (FLUM).

• The applicant requests approval to amend the Zoning Ordinance and Preliminary Site Plan to:

- Eliminate a loop road connecting US 301 to Erie Road. The proposed deletion of the loop road is acceptable because it is not needed to mitigate any transportation impacts for concurrency, and the project’s internal traffic circulation needs can be adequately served via the internal driveways and access roads.

- Modify buildings layout. The applicant proposes to delete two out-parcels and modify the layout of the buildings located on the northern and eastern of the project (anchor store). The proposal does not increase the overall square footage of the project (300,000 sq. ft.) and do not create any additional impacts to wetlands or preservation areas.

- Reduce the roadway buffer width including the modification of planting requirements within the North Central Overlay. The revised Preliminary Site Plan propose: a) 20 feet wide roadway buffer along US 301, b) a variable width roadway buffer along Erie Road that varies from 20 feet to 48 feet, and c) do not provide 85% opacity at 6 feet. Staff supports the request since the applicant is intending to locate the proposed commercial activities away from areas to be utilized for Upland/Tree Preservation and from existing residential areas, and the layout of parking areas and building setbacks maintains general consistency with the previous approval.

• Special Approval is required to be granted by the Board of County Commissioners, through the planned development process, for a non-residential project exceeding 30,000 square feet of gross building area in the RES-9 FLUC. Special Approval was previously granted for a project that exceeds 150,000 square feet in the R/O/R FLUC, and for a project adjacent to a perennial stream.

• Specific Approval was previously granted for alternatives to LDC Sections 604.10.3.4 (Reduction of the roadway buffer along US 301 and Erie Road for the existing retail use on site (CVS), and 604. (Reduction of required building faces up to two points for the northeastern and northern side of the northernmost building) of the Land Development Code. At this time, the applicant request Specific Approval to:

- Reduce the roadway buffer width along US 301 and Erie Road, and modify the planting requirements for a reduction of the required 85% opacity (LDC Section 604.10.3.4.a)

- Allow commercial building exceeding 75,000 square feet partially located within the RES-9 FLUC (LDC Section 604., and

- Reduce replacement tree sizes (LDC Sec. 714.8.7).

• Staff supports all requested Specific Approvals. Prior Specific Approvals and Special Approvals granted by the Board are applicable except for the Specific Approval for LDC Sec. 604. This Specific Approval was previously supported by staff because the applicant agreed to provide the loop road, which is being deleted with this revision.

• The Preliminary Site Plan and the CLOS-08-055 (issued on 06/05/2008) were eligible for extensions per HB 7207 and FS 252.363, so the expiration date of both instruments will be 04/26/2016.

• Staff recommends approval subject to the recommended stipulations.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on June 30, 2014.

Reviewing Attorney

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

Amount and Frequency of Recurring Costs

Attachment:  Maps - Future Land Use, Zoning and Aerial - PDC-04-38(P)(R) - 08-07-14 BC.pdf
Attachment:  Staff Report - Creekside Commons Revised - PDC-04-38(P)(R) - 08-07-14BC.pdf
Attachment:  Copy of Newspaper Advertising - Bradenton Herald - Creekside Commons - PDC-04-38(P)(R) - 8-7-14 BC.pdf
Attachment:  Copy of Newspaper Advertising - Sarasota Herald Tribune - Creekside Commons Revised - PDC-04-38(P)(R) - 8-7-14 BC.pdf
Attachment:  Special Approval Request - Creekside Commons Revised - PDC-04-38(P)(R) - 08-07-14 BC.pdf
Attachment:  Ordinance - Creekside Commons Revised - PDC-04-38(P)(R) 08-07-14 BC.pdf
Attachment:  Public Comment - Creekside Commons Revised - PDC-04-38(P)(R) - 08-07-2014 BC.pdf
Attachment:  Site Plan - Creekside Commons Revised - PDC-04-38(P)(R) - 08-07-14 BC.pdf