Manatee County Government Administrative Center Commission Chambers, First Floor 1:30 p.m. - January 9, 2014
January 9, 2014 Land Use Meeting
Agenda Item #6

PDR-13-24(Z)(P) - Lawrence Reagan, Esther R. Ferguson Real Estate Trust and Residual Trust under Will of Estelle L. Reagan Rezone/Del Tierra Subdivision (fka Reagan Ranch) DTS20130188/B209 - Quasi-Judicial - Stephanie Moreland

Briefing Provided Upon Request

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 ADOPT Manatee County Zoning Ordinance No. PDR-13-24(Z)(P); APPROVE Preliminary Site Plan with Stipulations A.1-A.7, B.1-B.2, C.1-C.5; GRANT Special Approval for a project: 1) exceeding one dwelling unit per acre in the UF-3 Future Land Use Category; and 2) adjacent to a perennial stream; ADOPT the Findings for Specific Approval; and GRANT Specific Approval for alternative(s) to LDC Section(s) 714.8.7, 715.3.4 and DENIAL of LDC Section 907.9.4.2, as recommended by staff.

Commissioner Bustle

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion
  • Ms. Rachel Layton, Director of Planning , ZNS Engineering, L.C., (agent), requests approval of a Rezone and approval of a Preliminary Site Plan for 610 lots for single-family detached residences.  The site has approximately 233.25 acres (vacant) and 750 feet of frontage on the west side of Rye Road, south of Upper Manatee River Road. 
  • The site is in the UF-3 (Urban Fringe-three dwelling units per acre) Future Land Use Category (FLUC).   Special Approval is required because the proposed gross density exceeds one dwelling unit per acre (2.62) and the project is adjacent to a perennial stream.  Planned development is the process necessary to achieve Special Approval.
  • 4.80 acres are proposed for recreational acreage.  Recreational amenities are proposed to include one or more of the following; a recreation center with a pool and fitness center, outdoor seating, a tot lot, and passive recreation open space and trails.
  • The site has 16.15± acres of wetlands.  7.37± acres of wetlands will be impacted.  The proposed 7.37± acres of wetland impacts are to highly degraded remnant wetlands.
  • The site is within one mile of Gene Witt Elementary School.   The site plan shows sidewalks on the west side of Rye Road, adjacent to the property’s frontage, and on both sides of the internal roadways within the proposed subdivision.
  • School Board of Manatee County indicates sufficient capacity for an approximate increase of  210 students for Gene Witt  Elementary, Haile Middle and Lakewood Ranch High schools.
  • LDC Section 712.2.8 requires a second means of access for residential development or parts of phases containing more than one hundred residential dwelling units.  The project’s main access is designed to have a boulevard entrance connecting Rye Road, extending to the limits of Phase One.  A two-lane road connects the boulevard road and extends to the north and west property lines.
  • During the review period, the applicant initially proposed private internal roadways with a gated access at Rye Road, an emergency access inter-neighborhood tie connecting Country Meadows to the west, two future inter-neighborhood ties connecting the vacant property to the north, and a temporary emergency access along Rye Road. 
  • Staff raised concerns that private streets did not encourage connectivity and reciprocal access of adjacent and future developments.   LDC Section 740.2.6.7, states that “private streets shall not be used for inter-neighborhood ties”.  LDC Section 740.2.6.19 states further; “where inter-neighborhood ties are needed by Manatee County, private streets shall not be allowed”.  Staff also raised concerns that the boulevard access provided only two means of access for the 147 lots proposed in Phase One.
  • The applicant considered staff’s concerns, and revised the plans to show the proposed internal roadways as public streets with an inter-neighborhood tie connecting a public road in Country Meadows to the west, a connection anticipated when Country Meadows was approved in 2001.
  • In addition to the inter-neighborhood tie at Country Meadows, the design shows two additional inter-neighborhood ties to the north and a temporary emergency access (to be removed with construction of Phase two) along Rye Road.   Staff believes public roadways extending through the project from Rye Road to the northern property boundaries provide connectivity of potential future development of the northern property (400± acres - which has potential for 1,200± homes under UF-3 FLUC and PDR zoning).
  • Staff has the following concerns:

1. Staff’s recommendation for public roads and a connection to an existing inter-neighborhood tie stub out to the west, may cause a small volume (7%) of traffic   to utilize public roads in Country Meadows Subdivision.   At the neighborhood meeting held on August 15, 2013, the residents strongly objected to the utilization of the existing inter-neighborhood tie to the west.  However, staff believes this connection would allow traffic from the proposed development to disperse to Upper Manatee River Road, relieving some potential traffic volume on Rye Road, as well as, provide connectivity and a second means of access for the 610 lots proposed.  If the inter-neighborhood tie is eliminated, staff believes the proposed number of lots (610) for this subdivision will have limited access to a single point along a thoroughfare roadway creating a choke point and funneling of ingress and egress traffic from the subdivision. 

2.  The design shows a considerable amount of homes will front on the two-lane roadway connecting the boulevard road.  Residents will be required to back onto a main local street.  To provide safety for residences, reverse frontage lots (as shown in Phase One) are encouraged along with the extension of the boulevard road.  The applicant proposes four-way stop intersections for traffic calming which will control speeds along Road “A”. 

3.  Staff has a concern that future residents residing on lots adjacent to Rye Road may be subject to potential noise from vehicles traveling along this roadway.

  • To address any potential noise impacts from Rye Road, the design shows a 20-foot wide landscaped roadway buffer on the Preliminary Site Plan with a wall or fence in the buffer along Rye Road.  Additionally, staff recommends the installation of a six-foot high solid decorative wall or fence and landscaping on the exterior side of the fence.
  • Staff recommended and supports the applicant’s requests for Specific Approval to reduce tree replacement sizes and for the allowance of one canopy tree to be planted per lot per frontage.  Public Safety staff and the Fire Department are not in support of cul-de-sacs exceeding 800 feet.  Staff recommends Road ‘F‘be extended northward to connect Road ‘A’.  Planning Commission voted to approve the Specific Approval for cul-de-sacs exceeding 800 feet.
  • In summary, the proposal provides for integration, and compatibility with surrounding land uses and eliminates the creation of an isolated neighborhood, as well as, provides reciprocal access of existing adjacent developments.
  • The proposal to provide inter-neighborhood ties furthers the intent of the Manatee County Comprehensive Plan, Policy 2.9.1 (Strong Communities) because it encourages connectivity and vehicular access between neighborhoods.  
  • The design meets the intent of LDC Section 907.9.1.3, which requires local streets to be extended to the property limits of the subdivision to allow for the logical future extension of the streets into adjacent undeveloped land and to new and existing adjacent developments to complete the inter-neighborhood road system ties.
  • Staff also believes the proposal for public streets furthers the objectives of Policies 2.9.1(Strong Communities), (minimization of isolated neighborhoods), (community connection and integration) and (vehicular access between neighborhoods) of the Manatee Comprehensive Plan. 
  • Staff recommends approval with the recommended stipulations.   
  • On 12/12/13, by a vote of 4 – 3, the Planning Commission voted to recommend approval. Mr. Horrigan and Mr. DeLesline voted nay stating they didn’t agree with approval of the Specific Approval for the cul de sac length, of which staff recommended denial. Mr. Rhoades voted nay stating the density is incompatible with the area and he didn’t agree with the inter-neighborhood tie (based on the proposed lot size and density).  A summary of public comments from the December 12, 2013 Planning Commission is in the staff report attached to this memo.
  • Staff is continuing to recommend denial of Specific Approval to LDC Section 907.9.4.2, therefore, the motion is as recommneded by staff and not the Planning Commission.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk review and responded by email.

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 - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Zoning Disclosure Affidavit - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Request for Specific Approval - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Public Safety and Fire Department's Comments - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Traffic Impact Analysis - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  May 2013 Environmental Report - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  School Report - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Ordinance - Del Tierra - PDR-13-34(Z)(P) - DTS20130188 - 1-9-14 BC.pdf
Attachment:  Copy of Newspaper Advertising - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Public Comment Letters - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Applicant response to public comment letter - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Site Plan - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Slideshow - Planner - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf
Attachment:  Staff Report - Del Tierra Subdivision - PDR-13-34(Z)(P) DTS20130188 - 1-9-14 BC.pdf
Attachment:  Fire Department Letter from George Ellington - Del Tierra - PDR-13-24(Z)(P) - 1-9-14 BC.pdf