Manatee County Government Administrative Center First Floor, Chambers January 15, 2015 - 9:00 a.m.
January 15, 2015 Planning Commission Agenda
Agenda Item #4

PDR-14-25(Z)(P)-Empire State Holding, LLC & Neal Communities of Southwest Florida, LLC/Indigo Subdivision-DTS20140399-Quasi-Judicial-Stephanie Moreland


Contact and/or Presenter Information

Stephanie Moreland

Principal Planner

941 748 4501  ext. 3880

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 recommend ADOPTION of Manatee County Zoning Ordinance No. PDR-14-25(Z)(P); APPROVAL of the Preliminary Site Plan with Stipulations A.1 - A.6, B.1 - B.3, C.1, D.1 – D.8, and E.1; GRANTING Special Approval for a project; 1)  exceeding a gross density of one dwelling unit per acre in the UF-3 Future Land Use Category (FLUC); 2) exceeding a net density of three dwelling units per acre in the UF-3 FLUC; and 3) adjacent to a perennial stream; ADOPTION of the Findings for Specific Approval; and GRANTING Specific Approval for an alternative to LDC Sections 714.8.7 (reduced tree replacement  sizes), and 715.3.4 (one canopy tree per lot per frontage), as recommended by staff.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

On April 3, 2014, 40.21± acres (Riker Project) of the subject property was rezoned to PDR and a Preliminary Site Plan [PDR-13-39(Z)(P)] approved for 120 lots for single-family detached residences.  The applicant has incorporated into one site plan the property surrounding the previously approved Riker Project.
Mrs. Katie LaBarr, Agent for Empire Holding Group, LLC and Neal Communities of Southwest Florida, LLC has filed an application for rezoning of approximately 111.32 acres for total acreage of 151.32 acres (40.21 acres already rezoned) from the A (General Agriculture – One dwelling unit per five acres) to PDR (Planned Development Residential) zoning district and a Preliminary Site Plan for an additional 333 lots for a total of 453 lots for single-family detached residences.  The new Preliminary Site Plan with the proposed stipulations will replace the prior approved Preliminary Site Plan [PDR-13-39(Z)(P)].
The site is on the east side of White Eagle Boulevard (f.k.a. Pope Road) and north side of 44th Avenue East (South County) and adjacent to Mill Creek, a perennial stream.  Special approval is required for a project adjacent to a perennial stream.
The site is in the UF-3 (Urban Fringe - three dwelling units per acre) Future Land Use Category (FLUC).  This FLUC allows consideration of suburban or urban residential uses in the range of potential uses.  The proposed 453-lot single-family development will be developed at a gross density of 2.99 dwelling units per acre which is consistent with the UF-3 FLUC.  Special Approval is required for a project exceeding a gross density of one dwelling unit per acre and net density of three dwelling units per acre in the UF-3 Future Land Use Category (FLUC).
Planned Development is the procedure required to acquire Special Approval.  PDR zoning provides greater flexibility for the project when establishing appropriate buffers and setbacks to help mitigate any potential adverse impacts on the surrounding neighborhood. 
The site is currently zoned A and PDR.  The A zoning district allows one dwelling unit per five acres.
1.44± acres are proposed for recreational acreage.  Recreational amenities include an amenity center and pool.
The site has no on-site wetlands. 
The site has access to the proposed 44th Avenue East which is on the 2030 Future Traffic Circulation Map Series as a four-lane arterial roadway. LDC Section 712.2.8 requires a second means of access for residential developments or parts of phases containing more than one hundred residential dwelling units. The initial project (Riker) was designed to have a gated boulevard entrance (two lanes on either side of a 22-foot wide median) connecting a two-lane arterial section of 44th Avenue East which served as the second means of access.   According to Transportation staff, this access point provided full turning movement access.
In addition to the already approved access point, the proposed Preliminary Site Plan shows a new access point connecting 44th Avenue East in the eastern part of the site.  Prior to Final Plat of the 121st unit, the applicant will provide an alternative access either via construction of 44th Avenue East from Azurite Way to the Mill Creek wetland system or a temporary emergency only access to the future White Eagle Boulevard.    
The construction of White Eagle Boulevard is included in a Local Development Agreement (LDA 13-03 - Northwest Sector/Lakewood Centre) which indicates construction is to occur by an entity other than the applicant sometime in the future. 
The applicant is proposing 24-foot wide private internal roadways.  The site design shows the new roads will connect to existing proposed inter-neighborhood ties approved in the Riker parcel.  Connection to the inter-neighborhood ties was anticipated with the previous approval if the adjacent properties were to be developed as future phases.
The site is within two miles of BD Gullett Elementary School.  Sidewalks are required on both sides of the street when a project is within two miles of a school. The site plan shows five-foot wide sidewalks on both sides of the internal roadways and along the north side of 44th Avenue East, adjacent to the property’s frontage. 
The design furthers the intent of Manatee County Comprehensive Plan Policy and promotes development of pedestrian friendly designs.  No sidewalks are proposed along White Eagle Boulevard (not constructed).
Staff has a concern that future residents residing on lots adjacent to 44th Avenue East may be subject to potential noise from vehicles traveling along this roadway.

To address any potential noise impacts from 44th Avenue East, staff recommends the installation of a six-foot high solid decorative wall or fence with landscaping on the exterior side of the fence or enhanced landscaping in the buffer along 44th Avenue East. 
The applicant requests Specific Approvals to reduce tree replacement sizes and allow one canopy tree per lot per frontage.
Staff recommends approval with stipulations.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on December 16, 2014

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Map FLU-PDR-14-25(Z)(P)-Indigo-1-15-15PC.pdf
Attachment:  Map Zoning-PDR-14-25(Z)(P)-Indigo-1-15-15PC.pdf
Attachment:  Map Aerial 2-PDR-14-25(Z)(P)Indigo-01-15-15PC.pdf
Attachment:  PDR1425_Indigo_aerial.pdf
Attachment:  Staff Report-PDR-14-25(Z)(P)-Indigo Subdivision-01-15-15PC.pdf
Attachment:  Special Approval Request letter-PDR-14-25(Z)(P)-Indigo-1-15-15PC.pdf
Attachment:  Zoning Disclosure Affidavit-PDR-14-25(Z)(P)-Indigo-1-15-15PC.pdf
Attachment:  Copy of Newspaper Advertising - Indigo - PDR-14-25(Z)(P) - Bradenton Herald.pdf
Attachment:  Copy of Newspaper Advertising - Indigo - PDR-14-25(Z)(P)- Sarasota Herald.pdf
Attachment:  Traffic Impact Analysis-Indigo-01-15-15PC.pdf
Attachment:  Preliminary Site Plan-PDR-14-25(Z)(P)-Indigo-1-15-15PC.pdf