www.mymanatee.org
Manatee County Government Administration Building 1st Floor, Patricia M. Glass Chambers 9:00 a.m. - October 3, 2019
REVISED October 3, 2019 Land Use Meeting
Agenda Item #3


Subject
PDC-18-19(Z)(G) Sarabay Development/DBM Marina Development PLN1808-0047 -

Briefings
None

Contact and/or Presenter Information

Presenter:

   Rossina Leider, Principal Planner, 941-748-4501 ext. 6859

Contact:

   Bobbi Roy, Senior Planning and Zoning Technician,

   941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

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 APPROVE Manatee County Zoning Ordinance No. PDC-18-19(Z)(G); APPROVE a General Development Plan with Stipulations A.1-A.9, B.1-B.3, C.1-C.3, and D.1-D.2, as recommended by the Planning Commission.

(Commissioner Servia)



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

• Mr. Brian Smith, ASLA, with EnSite Inc., agent for the property owner, is requesting rezone a 4.37± acre vacant site from the PDO (Planned Development Office) [3.79± acres] and RSF-3 (Residential Single-Family 3 du/acre) [0.58± acres] to PDC (Planned Development Commercial) retaining the WR/HA/AI (Whitfield Residential/Historical and Archeological/Airport Impact) Overlay Districts. The applicant also requests approval of a General Development Plan for 66,625 square feet of commercial space including vehicle sales and display areas, as well as a Schedule of Uses (voluntarily proffered by the applicant and attached as Exhibit B of the Zoning Ordinance).

• The site is located east of US 41, approximately 1,850 feet north of Whitfield Avenue, and is the western portion of an 8.81± acre parcel (Parcel ID #6714500003) commonly known as 7045 North Tamiami Trail, Sarasota (Manatee County). 

• In 06/06/2019, a Comprehensive Plan Amendment to the Future Land Use Map was approved to change the Future Land Use Categories of the project area from OL (Low Intensity Office) and RES-3 (Residential-3) to R/O/R (Retail/Office/Residential), including a specific property development condition (Policy 2.14.1.13 - D.5.13/Ordinance 19-12) to limit the maximum potential development of the property to 24 residential units and 66,625 square feet of non-residential uses (commercial and office).

• The project area lies entirely within the CPA (Coastal Planning Area), the CEA (Coastal Evacuation Area), the Coastal High Hazard Area, and the AI (Airport Impact).

• The General Development Plan (GDP) shows:
o Two buildings on the east portion of the site and a maximum building height of 34 feet (two stories).  All potential and prohibited on site uses are identified on the proposed “Schedule of Uses”.
o A maximum 0.35 Floor Area Ratio (FAR) in compliance with the limitations of the Comprehensive Plan Policy 2.14.1.13 - D.5.13/Ordinance 19-12 (a maximum gross floor area of 66,625 square feet).
o One access point along the US 41 N Corridor, and no access is proposed along Jungle Way (local street). Existing external sidewalk along the Tamiami Trail, and proposed sidewalk along Jungle Way (5 feet wide minimum).
o Stormwater facility on the north portion of the site.
o 20% open space (0.87 acres) meeting the minimum requirement for a project in the PDC zoning district.
o Setbacks in compliance with the regulations of LDC 402.11.
o Adequate buffers, screening, and landscaping, including 15 feet wide roadway buffer along US 41 N and Jungle Way (minimum requirement 10 feet wide), 15 feet wide perimeter buffer along to the east boundary and the east portion of south boundary adjacent to residential area (use and zoning), as well as 5 feet wide perimeter buffer along the south boundary where the site is abutting commercial service uses (offices). Proposed planting material within the buffers meets and/or exceeds minimum requirements of LDC Section 701.
o No detail of parking areas (off-street, loading, handicap, and bicycle racks), services zones, and foundation landscaping have been provided. 

• The site is eligible to be considered for commercial development since the R/O/R FLUC includes a variety of commercial categories in the range of potential uses (neighborhood, community, and regional serving).  Also, commercial projects within the R/O/R FLUC are exempted from compliance with commercial locational criteria (within 1,500 feet of two functionally classified roadways), and do not require that commercial uses be separated from adjacent residential uses by the right-of-way of any roadway functionally classified as collector or higher.

•  Access point location and roadway improvements along US 41 N (State road) shall be determined by the Florida Department of Transportation (FDOT).

• No specific approval has been requested. At time of PSP/FSP, the proposal shall comply with LDC Sections 402.11 (Planned Development Commercial) and 531.57 (Vehicle Sales, Rental, Leasing) including regulations related to location of uses, relationship with adjacent residential properties (setback and screening including outdoor display areas), and the use of outdoor speakers.

• Since the site lies entirely within the CEA and CHHA Overlay Districts, residential uses allowed in the PDC zoning district (nursing homes, recovery homes, and assisting living facilities defined as “acute care medical facilities”) are prohibited within the project area.

• Per Policy 2.3.3.3. “nonresidential buildings or nonresidential components of mixed use buildings within the 100-year floodplain are constructed to meet the finished floor elevation or meet and/or exceed the performance standards established by the Federal Emergency Management Agency.”  The site is within the FEMA 2014 FIRM 100-year floodplain (Zone AE) with a Base Flood Elevation (B.F.E.) of 11.5 feet. 

• The Sarasota Manatee Airport Authority verified that a maximum proposed height of 34 feet, plus an additional elevation required for flood hazard mitigation (another ±11.5 feet) would not pose risks for air traffic.

• The proposed site plan does not contradict any of the regulations listed on LDC Section 403.13 - Whitfield Residential Overlay District which are mainly pertain to residential development.

• The site is within the HA (Historical and Archeological Overlay District) but there were no known historic structures or other cultural resources found on this site. Per Stipulation A.6, if any significant historical or archaeological resource are discovered during development activities, the findings shall be immediately reported to the Florida Division of Historical Resources and Manatee County to follow the adequate treatment of such resources.

• Staff recommends APPROVAL of this request with stipulations

• On September 12, 2019, 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 reviewed and responded by email to Matter 2019-0404 on August 16, 2019.

Reviewing Attorney
Schenk

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
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Staff Report - Sarabay Development DBM Marina Development PDC-18-19(Z)(G) PLN1808-0047.pdf
Attachment:  1 - Staff Report Maps.pdf
Attachment:  2 - General Development Plan.pdf
Attachment:  3 - Traffic Impact Statement and Approval Letter.pdf
Attachment:  4 - Schedule of Permitted and Prohibited Uses.pdf
Attachment:  5 - Correspondence from the Sarasota Manatee Airport Authority.pdf
Attachment:  6 - Zoning Disclosure Affidavit.pdf
Attachment:  7 - Newspaper Advertising.pdf
Attachment:  8 - Ordinance Sarabay Development PDC-18-19(Z)(G) PLN1808-0047.pdf