Manatee County Government Administrative Building 1112 Manatee Avenue West, First Floor Chambers May 5, 2016 - 9:00 a.m.
May 5, 2016 - Land Use Meeting
Agenda Item #14

Ordinance 16-16 (f.k.a. 15-27) - Heritage Harbour DRI24 - Quasi-Judicial - Stephanie Moreland

Briefing Provided Upon Request

Contact and/or Presenter Information


   Stephanie Moreland, Principal Planner, 941-748-4501 ext. 3880


   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878

Action Requested


Based upon the staff report, evidence presented, comments made at the public hearing, the action of the Planning Commission, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan, the Manatee County Land Development Code, and Section 380.06, Florida Statutes, subject to the conditions of approval established in the Development Order, I move to APPROVE Ordinance No.16-16, as recommended by the Planning Commission.

(Commissioner Bustle)

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Florida Statutes, Section 380.06

Background Discussion

• Heritage Harbour Development of Regional Impact (DRI #24 - 2,784.7± acres) is generally located at the intersection of I-75 and SR 64, south of the Manatee River.  Parcel 35 (subject of this request) is on the west side of Upper Manatee River Road, approximately one mile north of S.R. 64.  The site is in the UF-3 Future Land Use Category (FLUC) and PDMU (Planned Development Mixed Use) zoning and WP-E/ST (/Evers Reservoir Watershed Protection/Special Treatment) Overlay districts.

• In 2000, the Board of County Commissioners (BOCC) approved (Ordinance 00-19) Heritage Harbour DRI for a planned mixed use development.  There were several revisions to the DRI following the original approval. One of which included a Notice of Proposed Change to modify the project boundaries to add 288.7± acres (a.k.a Parcel 35) on the east side of the project and Map H [March 11, 2008, - Ordinance 08-33)].   
• Currently, the Heritage Harbour DRI is approved in two phases for 788,837 square feet of commercial retail space, 170,000 square feet of office space, 300 hotel rooms, 600 beds for ALF, 5,000 residential units (multi-family/single-family attached, single-family detached, single-family semi-detached), 45-Hole Golf Course and 41.2 Acre Park.
• Ms. Misty Servia, authorized agent for Manatee Land Investors, LLC, and Upper Manatee 288, LLC (applicants) requests approval of a Notice of Proposed Change pursuant to Chapter 380.06, Florida Statutes for Parcel 35 of the Heritage Harbour DRI and Map H.  The request is accompanied with a companion revision to the Zoning Ordinance and General Development Plan [PDMU-98-08(G)(R7)] and is as follows:

   1) Add a Land Use Equivalency Matrix (LUEM) applicable only to Parcel 35;
   2) Add Multi-family, Commercial and ALF as potential uses on Parcel 35 (as entitlements may be attained through LUEM);
   3) Realign Port Harbour Parkway Extension through Parcel 35 and corresponding “update of notes”;
   4) Specify the amount and types of development that may be authorized on Parcel 35;
   5) Update Wetland information shown on Map H and modify provisions related  to wetland buffers and impacts for parcel 35; and 
   6) Other minor updates, previously granted legislative extensions, terminology changes, and revisions to reflect consistency with prior approved changes and/or the LDA;

• Analysis for the listed requests is detailed in the staff report.

• Tampa Bay Regional Planning Council reviewed the NOPC application. The Recommended Action states: “Indicate to Manatee County and the State Land Planning Agency that the proposal is presumed to create a Substantial Deviation, as defined above.  However, no further mitigation will be required upon incorporation of the above-referenced notations, as may be relevant and/or applicable, within the amended Development Order.”

• It is the opinion of Staff that the Applicant has submitted clear and convincing evidence to rebut the presumption that the changes to the DRI Development Order in the NOPC application are a substantial deviation, pursuant to Section 380.06(19)(e), Florida Statues. 

• On April 14, 2016, by a vote of 5 – 1, the Planning Commission recommended approval.

• A summary of the public comments heard at the April 14, 2016 Planning Commission are in the staff report attached to the agenda memo.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on March 24, 2016.

Reviewing Attorney

Instructions to Board Records
Please forward 3 certified copied of the executed document and letter from the Florida Department of State to Bobbi Roy, Building and Development Services Department.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Maps - Future Land Use, Zoning and Aerials - Heritage Harbour DRI24 - Ordinance 16-16 fka 15-27.pdf
Attachment:  Staff Report - Heritage Harbour DRI24 - Ordinance 16-16 fka 15-27.pdf
Attachment:  Affidavit of Publishing - Heritage Habour Parcel 35 DRI24 - Ordinance 16-16 fka 15-27 - Bradenton Herald - 5-5-2016 BCC.pdf
Attachment:  Affidavit of Publishing - Heritage Harbour DRI24 - Ordinance 16-16 fka 15-27 - Sarasota Herald Tribune Line - 5-5-2016 BCC.pdf
Attachment:  Map H- Heritage Harbour DRI 24 - Ordinance 16-16 .pdf
Attachment:  Ordinance - Heritage Harbour DRI24 - Ordinance 16-16 fka 15-27 - 4-14-16 PC.pdf
Attachment:  Public Comments - Heritage Harbour DRI24 - Ordinance 16-16 fka 15-27.pdf