Manatee County Government Administrative Center First Floor Chambers November 5, 2015 - 9:00 a.m.
November 5, 2015 - Land Use Meeting
Agenda Item #7

Z-15-03 - Palm View Gollf Corporation / Palm View Subdivision - Reconsideration - DTS20150101 - Quasi-Judicial - Margaret Tusing

Briefing Provided Upon Request

Contact and/or Presenter Information


   Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828


   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 and the Manatee County Land Development Code, I move to ADOPT Manatee County Zoning Ordinance No. Z-15-03, as recommended by the Planning Commission.



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• This application was originally heard by the Planning Commission on July 9, 2015 and by a vote of 6-1, the Planning Commission recommended approval of the requested rezoning.  The Board of County Commissioner’s heard this application on August 6, 2015 and voted to Deny the request for rezoning.  On August 11, 2015, the applicant’s representative made a request for reconsideration and the Board approved the reconsideration request.

• Allison-Gause, Inc., agent for the owner, is requesting approval of a straight rezone from A-1 (Suburban Agriculture), RSF-4.5, and PDR (Planned Development Residential w/no associated site plan) to RSF-4.5 (Residential, Single Family minimum 7,000 square foot lots) for a 56.22-acre property generally on the east and west sides of 28th Avenue East and South of 61st Street East (Palm View Road) currently known as the Palm View Golf Course, Palmetto.

• The maximum number of dwelling units is approximately 252 (56.22 x 4.5) units.  The FLUC is RES-6 (Residential – 6 dwelling units/acre).

• Attachments 8 and 9 to the Staff Report are the additional information provided by the Applicant to support the requested rezone to RSF-4.5.  The information includes:

    • Density calculation narrative and maps estimating the area of land available for development at 32.67 acres which equates to approximately 163 lots.
    • A Declaration of Restrictive Easement (O.R. Book 2590, Page 4557) provides a self-imposed restriction by the Applicant on ingress and egress over the southwestern portion of the property in the vicinity of 58th Avenue East.  This Restrictive Easement is not enforceable on behalf of the County.

• The requested RSF-4.5 zoning is consistent with the existing development pattern and zoning of nearby properties and is a logical extension of the residential development pattern.

• The RES-6 FLUC provides for a maximum gross residential density of 4.5 du/gross acre unless a Special Approval is applied for (which requires a rezone to Planned Development).  Additionally, the RSF-4.5 zoning provides for a minimum lot size of (7,000 square feet with 70-feet of frontage) and a maximum density of 4.5 du/ac. 

• This is a straight rezone request, there are no Special or Specific Approvals nor Staff Stipulations.    

• On July 9, 2015, by a vote of 6 – 1, the Planning Commission recommended approval. Mr. Bower voted nay stating the rezoning makes sense but school concurrency continues to be an issue moving forward without serious discussion and change is poor planning and he can’t recommend this to the Board of County Commissioners.

• A summary of the public comments heard at the July 9, 2015 Planning Commission public hearing are in the staff report attached to this memo.

• On August 6, 2015, by a vote of 2 – 3, the Board of County Commissioners denied the application.

• A summary of the public comments from the August 6, 2015 Board of County Commissioners public hearing are in the staff report attached to this memo.

• On August 11, 2015, at the request of the applicant, the Board of County Commissioners voted to reconsider the application.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on June 16, 2015.

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 Aerials- Palm View Subdivision- Z-15-03 - 8-6-15 BC.pdf
Attachment:  Reconsideration Staff Report - Palm View Subdivision - Z-15-03 - 11-05-15 BC.pdf
Attachment:  Zoning Disclosure Affidavit - Palm View Subdivision - Z-15-03 - 11-5-15 BC.pdf
Attachment:  School Board Report Letter - Palm View Subdivision - Z-15-03 - 11-05-15 BC.pdf
Attachment:  Traffic Impact Statement - Palm View Subdivision - Z-15-03 - 11-5-15 BC.pdf
Attachment:  Affidavit of Publishing - Palm View Subdivision - Z-15-03 - Sarasota Herald Tribune - 11-5-15 BC.pdf
Attachment:  Copy of Newspaper Advertising - Palm View Subdivision - Reconsideration - Z-15-03 - Bradenton Herald - 11-05-15 BC.pdf
Attachment:  Ordinance - Palm View Subdivision - Z-15-03 - 11-5-15 BC.pdf
Attachment:  Density Calculations and Spatial Exhibits.pdf
Attachment:  Recorded Restrictive Covenant.pdf
Attachment:  Survey - Palm View Subdivision - Z-15-03 - 11-05-15 BC.pdf
Attachment:  Public Comments - Palm View Subdivision - Z-15-03 - 11-5-15 BC.pdf