Manatee County Government Administration Building 1st Floor Patricia M. Glass Chambers June 6, 2019 - 9:00 am
June 6, 2019 Land Use Meeting
Agenda Item #11

PA-18-09/Ordinance 19-12 fka 18-35 DBM Marina, LLC/Sarabay Development (Small Scale Map and Text Amendment) PLN1807-0001 Legislative - Margaret Tusing, Planning Section Manager

Briefing Provided Upon Request

Contact and/or Presenter Information


   Margaret Tusing, Planning Section Manager

   941-748-4501 ext. 6828


   Bobbi Roy, Senior Planning & Zoning Technician

   941-748-4501 ext. 6878

Action Requested


Based on the evidence presented, comments made at the Public Hearing, the action of the Planning Commission, the technical support documents, and finding the request to be CONSISTENT with the Community Planning Act as codified in applicable portions of Chapter 163, Part II, Florida Statutes and the Manatee County Comprehensive Plan, I move to ADOPT Plan Amendment PA-18-09/Ordinance 19-12, as recommended by the Planning Commission.

(Commissioner Servia)

Enabling/Regulating Authority

Manatee County Land Development Code

Manatee County Comprehensive Plan

Florida Statutes, Chapter 163, Part II

Background Discussion

• Mr. Brian Smith, ASLA, with EnSite Inc., agent for the property owner, is requesting approval of a Small Scale Map and Text Amendment from the existing future land use categories of OL (Low Intensity Office), and RES-3 (Residential–3) to R/O/R (Retail/Office/Residential).

• The Plan Amendment site contains approximately 4.37 acres and is the western portion of an ±8.81-acre property located at 7045 North Tamiami Trail, Sarasota (Manatee County).

• The OL future land use designation was impressed on several parcels along this section of the US 41, as well as RES-3 and RES-6 designations to the adjacent areas to the east and west with the adoption of the 1989 Comprehensive Plan. Since then, no amendments to these designations have taken place.

• The applicant has also submitted an application [PDC-18-19(Z)(G)] to rezone the 4.37 acres property to the PDC (Planned Development Commercial) zoning district, as well a General Development Plan (GDP) that includes a maximum of 66,625 square feet of commercial space. The rezone and GDP request are subject to this plan amendment being adopted by the Board of County Commissioners and becoming effective.

• The proposed future land use amendment to R/O/R is comparable with the commercial and mixed-use trends of the Tamiami Trail corridor, consistent with the adjacent future land use to the west (across US 41), and its logical extension along this arterial roadway which should provide access to the site.

• This Plan Amendment will be adopted along with a D.5 provision limiting:
- maximum residential density to current maximum allowable density to comply with the provisions of the Comprehensive Plan related to the Coastal Evacuation Area and the Coastal High Hazard Area Overlay Districts, and
- maximum square footage of non-residential uses (commercial and offices) to ensure that short and long term operational traffic conditions of the adjacent roadway network will be adequate.

• The development condition that will be included in the associated text amendment under Policy of the Comprehensive Plan to limit maximum density and intensity within the site reads as follows:
Policy  D.5.13/Ordinance 19-12 fka 18-35 (SaraBay Development PA-18-09). The 4.37± acre property located on the north side of the US 41, identified as the SaraBay Development Amendment  and designated as R/O/R (Retail/Office/Residential) on the Future Land Use Map  pursuant to the  Manatee County Ordinance No. 19-12 fka 18-35 and Comprehensive Plan Amendment No. PA-18-09 shall be limited to a maximum of twenty-four (24) residential units, and sixty six thousand six hundred twenty-five (66,625) square feet of non-residential uses (commercial and office).

• The area is served by utilities and other services including fire and public safety, as well roadway network.

• It appears that there are not native habitat nor endangered species within the project site.

• Staff recommends approval.

• On January 17, 2019, by a vote of 7 - 0, the Planning Commission recommended approval.

• A summary of the public comments heard at the January 17, 2019 Planning Commission public hearing is in the staff report attached to this memo.

• During the Land Use Public Hearing on 02/07/2019, the Board of County Commissioners expressed concern relating to compatibility to adjacent residential properties to the east and recommended “continuance”, as well as requested the applicant evaluate the reduction of the area subject to the Map and Text Amendment.  Originally, the application included the entire referenced ±8.81-acre parcel and proposed a maximum of 38 residential units and 134,135 sq. ft of non-residential uses (commercial/office space).

• On May 9, 2019, by a vote of 6 – 0, the Planning Commission recommended approval. Mr. Rutledge was absent.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email to Matter 2019-0192 on April 15, 2019.

Reviewing Attorney

Instructions to Board Records
Please forward a copy of the signed document to bobbi.roy@mymanatee.org for timely distribution to the Florida Department of Economic Opportunity.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - Sarabay Development PA-18-09-Ord. 19-12 PLN1807-0001..pdf
Attachment:  2 - Staff report Maps.pdf
Attachment:  3 - Legal Sketch and Desc 4.38 acres.pdf
Attachment:  4 - Traffic Impact Statement.pdf
Attachment:  5 - Applicant Acceptance Letter of Condition D.5.13.pdf
Attachment:  6 - Newspaper Advertising.pdf
Attachment:  7 - Ordinance 19-12.pdf
Attachment:  8 - Public Comments.pdf