Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 3, 2014
REVISED April 3, 2014 Land Use Meeting
Agenda Item #8

PDR-13-43(Z)(P) - Philip S. and Rosemary L. Stewart Rezone/Stewart Grove Subdivision - B258 - DTS20130485 - 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, 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, as conditioned herein, I move to ADOPT Manatee County Zoning Ordinance No. PDR-13-43(Z)(P); APPROVE the Preliminary Site Plan with Stipulations A.1-A-3 5, B.1-B.3, C.1 and D.1-D.5; GRANT 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) adjacent to a perennial stream; and 3) partially in the Coastal High Hazard Area; ADOPT the Findings for Specific Approval; and GRANT Specific Approval for alternatives to Land Development Code Sections 714.8.7, 715.3.4 and 715.3.2.c.1, as recommended by the Planning Commission.

Commissioner Bustle

Enabling/Regulating Authority

Manatee County Land Development Code

Manatee County Comprehensive Plan

Background Discussion

• Ms. Rachel Layton, Agent for John Neal Homes, requests approval of a Rezone of 39.71± acres from A (General Agriculture – one dwelling unit per five acres) and RSF-1 (Residential Single-Family – One dwelling unit per acre) to PDR (Planned Development Residential) zoning district and Preliminary Site Plan for 76 lots for single-family detached residences. 

• The site is on the north side of Upper Manatee River Road, approximately 1,800 feet west of the intersection of Rye Road and Upper Manatee River Road.  The site has approximately 1,167 feet of frontage along Upper Manatee River Road. The site is made up of six parcels which are part of a previously platted subdivision, Stewart Subdivision. The site is currently occupied by a total of three single-family residences and several accessory structures, including a stable and a buried dock.  

• The site is in the UF-3 (Urban Fringe – three dwelling units per acre) Future Land Use Category (FLUC) which allows consideration of suburban or urban residential uses in the range of potential uses.  A gross density of 1.91 dwelling units per acre is consistent with the UF-3 (Urban Fringe – three dwelling units per acre) FLUC.  Special Approval is required for a project with a gross density exceeding one dwelling unit per acre.

• The site is partially in the CHHA (Coastal High Hazard Area) Overlay district and in an area of known flooding.  Any encroachment, including fill, within the regulatory floodway will require No-Rise Certification.

• The site is in Flood Zones X, AE with Base Flood Elevations between 18'- 22' NGVD 1929 and the regulatory floodway of Manatee River per FIRM Panels 120153 0220C and 0240C, revised 7/15/92.   Construction in the 100-Year floodplain must meet the required elevation and all other requirements in the LDC and the Manatee County Floodplain Ordinance.  Special Approval is required for a project adjacent to a perennial stream (Manatee River) and in the CHHA Overlay district. 

• Lot 49 is platted to the floodway boundary.  A Letter of Mitigation will be required for any structure within 50' of the floodway.  A stipulation to this effect is included in the staff report.

• There is a 50-foot wide wetland buffer adjacent to the Manatee River.  No impact is proposed to the buffer.  There are no on-site wetlands. 

• 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. 

• Except for the small strip of land zoned RSF-1(Residential Single-Family, one dwelling unit per acre), most of the site is currently zoned A (General Agriculture-one dwelling unit per five acres). 

• 11.71± acres are proposed for recreational acreage.  Recreational amenities include passive recreational areas with trails and an optional pavilion and picnic tables.

• The design shows part of an existing roadway (169th St. N.E.) connecting Upper Manatee River Road will serve as the project’s entrance.  The design indicates the internal roads will be public.  The applicant requests an option for private streets if entrance gates are utilized.

• The site is more than two miles from Gene Witt Elementary School.  The design shows five-foot wide sidewalks along both sides of the entrance road and on one side of internal streets within the subdivision and along the north side of Upper Manatee River Road, extending west to the second existing driveway.

• As recommended by staff, the applicant requests Specific Approval to reduce tree replacement sizes, allow one canopy tree per lot and  a variable width buffer for a view corridor and flexibility for an option to relocate the required plant material for the roadway buffer adjacent to the stormwater pond area

• The applicant held a neighborhood meeting on December 10, 2013.   According to the applicant, five people attended.  There were no significant issues raised but there were questions relative to setbacks, buffers, fencing and the lift station.  Since the meeting the lift station’s location was changed to avoid any impacts to the eight existing residential homes.

• Staff recommends approval with stipulations.

• On March 13, 2014, by a vote of 7 – 0, the Planning Commission recommended approval.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reivewed and responded by email on February 12, 2014.

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 - Stewart Grove - PDR-13-43(Z)(P) - 20140403 BC.pdf
Attachment:  Staff Report - PDR-13-43(Z)(P) - Stewart Grove Subdivision - DTS20130485 - 20140403 BC .pdf
Attachment:  Specific Approval Request - Stewart Grove - PDR-13-43(Z)(P) - B258 - DTS20130485 - 20140403 BC.pdf
Attachment:  Zoning Disclosure Affidavit - Stewart Grove - PDR-13-43(Z)(P) - B258 - DTS20130485 - 20140403 BC.pdf
Attachment:  Traffic Impact Analysis - Stewart Grove - PDR-13-43(Z)(P) - B258 - DTS20130485 - 20140403 BC.pdf
Attachment:  Copy of Newspaper Advertising - Stewart Grove - PDR-13-43(Z)(P) - 4-3-14 BC.pdf
Attachment:  Ordinance PDR-13-43(Z)(P) - Stewart Grove Subdivision - DTS20130485 - 20140403 BC.pdf
Attachment:  Site Plan - PDR-13-43(Z)(P) - Stewart Grove Subdivision - dts20130485 - B00000258 - 20140403 BC.pdf
Attachment:  Slideshow - Planner - Stewart Grove - PDR-13-43(Z)(P) - 20140403 BC.pdf
Attachment:  Public Comments - Stewart Grove Subdivision - PDR-13-43(Z)(P) - B258 - 4-3-14 BC.pdf
Attachment:  REVISED changes from UPdate memoOrdinance PDR-13-43(Z)(P) - Stewart Grove Subdivision - DTS20130485 - 20140403 BC.pdf
Attachment:  Additional Public Comment Letter for Update Memo - Stewart Grove Subdivision - PDR-13-43(Z)(P) - 4-3-14 BC.pdf
Attachment:  Revised Site Plan Sheet on Update Memo - Stewart Grove Sub. - PDR-13-43(Z)(P) - 4-3-14 BC.pdf