Manatee County Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 5, 2013
December 5, 2013 Land Use Meeting
Agenda Item #8

PDR-13-31(Z)(P) - M/I Homes of Tampa, LLC/Brookside Estates (fka M/I Homes-UMRR/Legler-Flynn Rezone) DTS20130263 - 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. PDR-13-31(Z)(P); APPROVE the Preliminary Site Plan with Stipulations A.1-A.5, B.1, C.1-C.3, D.1-D.6, and E.1; GRANT Special Approval for: 1) a gross density exceeding 1.0 dwelling unit per acre in the UF-3 FLUC, 2) adjacent to a perennial stream, 3) with habitable structures located within the 25-year floodplain, 4) partially within the Coastal High Hazard Overlay District, and 5) partially in the Coastal Evacuation Area; ADOPT the Findings for Specific Approval; and GRANT Specific Approval of alternatives to Sections 714.8.7, 715.3.4, 722.1.4.1 and 722.1.4.4 of the Land Development Code, as recommended by the Planning Commission.

Commissioner Bustle

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion
  • The 40.19± acre vacant site is located on the south side of Upper Manatee River Road, approximately one mile east of the curve and two miles north of SR 64.
  • The site is zoned A (General Agriculture) and within the UF-3 (Urban Fringe – three dwelling units per acre) Future Land Use Category (FLUC). 
  • Site lies in Zones X and AE with a Base Flood Elevation (B.F.E.) of 12.1' NGVD 1929 based on FIRM Panel 120153 0220C and the Flood Insurance Study Floodway Data Table for Mill Creek.  The site is partially within the Coastal Evacuation Area (CEA) and Coastal High Hazard Area (CHHA), and entirely within the Coastal Planning Area.
  • The current request is to rezone the property from A (General Agriculture) to PDR (Planned Development Residential), and approve a Preliminary Site Plan for a maximum of 63 single-family detached lots. The Preliminary Site Plan proposes:

- Two access points to provide access from Upper Manatee River Road (Collector roadway) to 7th Avenue NE (local roadway).
- Minimum lot size of 7,800 square feet (65’ x 120’), except for Lots #17 and #18 that have a minimum lot width and acreage of 35-foot and ±14,000 square feet respectively. The lots are located along both sides of a “main roadway” that connects the proposed access points.
- A 20-foot wide roadway buffer along Upper Manatee River Road (± 480’ on length), and a 5-foot wide sidewalk within the referenced roadway buffer, west and east of project entrance (± 340’ long).
- A 30-foot wide greenbelt landscape buffer along the east (partially), south, and west property boundaries to screening the project from the adjacent residential subdivision (Hidden Oaks).
- Stormwater management pond at the center portion of the project, and conservation areas to the north and northeast (wetlands and wetland buffers). No impacts to wetland or wetland buffers are proposed.
- A gross and net density of 1.58 and 1.98 dwelling units per acre respectively.
- A total of 12.50 acres of open space is provided (31% of the total site).
- No impacts to wetland or wetland buffers are proposed.
- A fountain on the stormwater pond is proposed as a “focal point”, and no recreational areas are provided.
- No residential lots are proposed to be located within the CEA or CHHA, and no encroachment in the regulatory floodway is proposed.
- Proposed home-sites are concentrated to the greatest extent along the periphery and outside of the 25-year floodplain, flood plain compensation is provided for the 25-year and 100-year storm event, and proposed finish floor elevation of home-sites will be at minimum one-foot above B.F.E.

  • Special approval is required for a project with:

- Gross density exceeding 1 dwelling unit per acre in the UF-3 FLUC
- Adjacent to a perennial stream
- Habitable structures located within the 25-year floodplain
- Partially in the Coastal High Hazard Overlay District
- Partially in the Coastal Evacuation Area

  • The applicant requests Specific Approval to:

- Reduce replacement tree sizes (LDC Section 714.8.7)
- To allow one canopy tree per lot frontage (LDC Section 715.3.4)
- To allow a partial sidewalk construction on the south side of Upper Manatee River Road (LDC Sections 722.1.4.1 and 722.1.4.4)

  • Staff supports all requested Specific Approvals.
  • Staff recommends approval of this request, with stipulations.
  • On November 14, 2013, by a vote of 4 – 0, the Planning Commission recommended approval.
  • A summary of the public comment received at the November 14, 2013 Planning Commission public hearing is in the staff report attached to this memo.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
William Clague reviewed and responded by email on October 21, 2013.

Reviewing Attorney

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

Amount and Frequency of Recurring Costs

Attachment:  Maps - Future Land Use, Zoning and Aerial - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Staff Report - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Zoning Disclosure Affidavit - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Requests for Specific Approval - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Traffic Impact Analysis - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Copy of Newspaper Advertising - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Ordinance - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Slideshow Planner - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Site Plan - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf
Attachment:  Landscape Plan - PDR-13-31(Z)(P) - Brookside Estates - 12-5-13 BC.pdf