Manatee County Government Administrative Building First Floor, Chambers September 1, 2016 - 9:00 am
September 1, 2016 - Land Use Meeting
Agenda Item #17

PDR-04-39(G)(R2) - The Concession Golf Club Helistop - DTS20150075 - MEPS222 - Quasi-Judicial - Stephanie Moreland - Continued from May 5 and June 2, 2016

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, 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-04-39(G)(R2); and APPROVE the General Development Plan with Stipulations 1-30; GRANT Special Approval for a project partially in the Evers Reservoir Watershed Protection Overlay District and Special Treatment Overlay Districts; GRANT Specific Approval for an alternative to Land Development Code Chapter 10, Table 10-2, Note #13 (Parking Ratio), as recommended by the Planning Commission.

(Commissioner Baugh)

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• Mr. John Foley, from Lombardo, Foley and Kolarik, Inc., Agent for The Concession Golf Club, LLC, requests approval of a Revised General Plan to: a) designate Tract 801 (owned by The Concession) as recreation; and b) allow a private helistop as an accessory use to serve the golf course use and delete Stipulation #30 which prohibits a helipad use.

• History:  

  • ? On October 24, 2000, a General Development Plan for 255 lots for single-family residences, a clubhouse, 19-hole golf course and 3,000 square feet for commercial use(s) was approved by the Board of County Commissioners (BOCC) for The Concession (f.k.a. Panther Ridge Westside). Subsequent to this approval, there were several revisions to the General Development Plan prior to its expiration.
  • ? On December 4, 2004, the BOCC approved PDR-04-39(Z)(G) [f.k.a PDR-00-10(G)(R2)] to allow an 18-hole golf course, clubhouse, and maintenance facility, and the previously approved 255 lots (136-1/2 acre & 119 one-acre sized lots) for residential units.  Stipulation #31 stated: “No helipad is allowed within this project unless approved by the Board of County Commissioners at a public hearing.”
  • ? On February 5, 2009, the BOCC approved a revised General Development Plan [PDR-04-39(G)(R)] to add 16 multi-family units (38 platted lots were combined into 19 lots in Block A, Phase II) near the golf course area and revise certain stipulations. According to the applicant the 16 multi-family units were never constructed. The prohibition of the helipad was carried forward as Stipulation #30.

• The Concession Golf and Country Club has a total of 1,280.7± acres on the south side of S.R 70, east of Lorraine Road and west of Panther Ridge Subdivision.  The site is in the Ag/R/WP-E/ST (Agricultural/Rural/Evers Reservoir Protection Watershed /Special Treatment Overlay Districts) Future Land Use Category (FLUC).  Low Intensity Recreational Facilities and Rural Recreational Facilities are listed in the range of potential uses for consideration in Ag/R. 

• The Manatee County Comprehensive Plan, Policy, requires Special Approval for a project in the WO Future Land Use Overlay District.  The Land Development Code refers to these areas as Evers Reservoir Watershed Protection (WP-E) and Special Treatment (ST) Overlay Districts. 

• Except for a small part of the site (in the northwest corner-adjacent to SR 70) zoned PDC (Planned Development Commercial), most of the site is zoned PDR (Planned Development Residential).

• Planned development is the process necessary to achieve Special Approval.  PDR zoning provides greater flexibility for the project when establishing appropriate buffers and setbacks to help mitigate potential adverse impacts on the surrounding residential and agricultural neighborhoods.

• The site’s eastern boundary is adjacent to property zoned A (General Agriculture) and PDA (Planned Development Agriculture).  PDMU (Planned Development Mixed Use) and A zoning districts abut the western boundaries of the site.  To the northwest, across S.R. 70, is zoned A (Pomello Park Subdivision and Waterbury Grapefruit Tracts) and PDR (Lakewood National Golf and Country Club and Bridgewater East). 

• Manatee County Land Development Code defines ‘accessory use’ as “a use or structure which meets all of the following:

      A. Is clearly incidental to, customarily found in association with, and serves a principal use. 
      B. Is subordinate in purpose, area, or extent, to the principal use served;
      C. Is located on the same lot as the principal use, or on an adjoining lot in the same ownership and district as that of the principal use; and 
      D. Is not the principal use.”
• According to the definition contained in the Manatee County Land Development Code a “Helistop” shall mean “any designated landing area, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.”

• Manatee County Land Development Code, Chapter 4 (Schedule of Uses for PD Districts), identifies a ‘Helistop’ as a permitted use in the PDR zoning district; and LDC Chapter 531.24.A states: “Helistops shall not be located directly adjacent to any residential zoning or uses, except in the A (General Agriculture) districts for private residential uses only.”

• The General Development Plan indicates the private helistop will be approximately 994 feet from the east property line and 2,230 feet from the west property line of The Concession Golf and Country Club.  On-site residential structures are 3,550 feet south of the helistop site.  The nearest residential use off-site is approximately 1,450 feet away to the east and 2,600 feet from S.R. 70.   

• The applicant’s narrative (Project Description) indicates the helistop would have occasional use by a member of the Concession Golf Club, approximately two (2) landings per month and   landings would be limited to daylight hours.

• Comprehensive Plan Policy requires review of proposed development for compatibility and appropriate timing.  This analysis shall include: Consideration of existing development patterns; types of land uses; transition between land uses; density and intensity of land uses; natural features; approved development in the area; availability of adequate roadways; and adequate centralized water and sewer facilities.

• Staff has the following concerns relative to noise, compatibility and appropriate timing:

  • ?Future and existing residents residing in areas surrounding the Concessions Golf and Country Club may be subject to potential noise and vibration(s) from helicopter landings and take-off.
  • To address potential noise concerns, the applicant submitted a summary of a site visit and acoustical evaluation (performed by Keane Acoustics, Inc.,) for the proposed helistop.  The conclusion of the summary states; “Due to the infrequent nature of the helicopter events and the likely compliance with the Manatee Noise Code, the potential noise impact of the use of the proposed helistop is negligible.”
  • ? Golf courses are considered ‘Low-Intensity Recreational Uses’. Manatee County Comprehensive Plan defines Low-Intensity Recreational Use, as “any commercial or noncommercial recreation use which, by nature of either the customary operation of the use, or the manner in which such uses customarily utilize a site, does not have adverse impacts on adjacent or nearby residential uses, or on natural resources. Such uses may be further defined and, if appropriate, be listed in any land development regulations developed pursuant to §163.3202, F.S., and shall specifically include golf courses.” 
  • ? Staff has concerns with the timing of the request.  Though the site is outside the Future Development Area Boundary (FDAB) along SR 70, there is a considerable amount of residential units approved west and northwest of the site [e.g. Lakewood National Golf and Country Club and Bridgewater East (1,999 units) and Del Webb Subdivisions (1,300 units), a total of 3,299 residential units].  There are existing residences east of the site. The flight path is not identified or approved at this time.  The impacts to these areas are undetermined.

• To mitigate the above concerns, Manatee County Comprehensive Plan, Policy lists mitigative techniques such as limits on duration/operation of the use, and noise attenuation. The applicant indicates approximately two daylight landings per month, averaging 24 daylight landings per year

• The overall 1,280.7 acre site is in Zone A and X, Panel No 1208103185E (3/17/2014).  The proposed private helistop site is not in the 100-year floodplain.  

• According to the applicant’s project description, “access to and from the private helistop can be by golf cart, from the clubhouse parking lot.”

• There are no wetlands within the “project area”.  The proposed location for the private helistop will have no impact on an existing conservation easement which is approximately ten (10) feet away.

• In summary, the Land Development Code has limited regulations relative to the use of a private helistop/helipad and its operation.  Subsequent to local approval, the FAA regulates the landing area to meet general requirements for safe and efficient use of air space. The Manatee County Comprehensive Plan does not list any type of aviation use or privately-operated airports in the range of potential uses for consideration but allows the golf course as low intensity recreation in the Ag/R FLUC.  The proposed private helistop will serve as an accessory use to the golf course and is subject to the criteria listed in LDC Chapter 5 (Standards For Accessory and Specific Uses and Structures). 

• Staff recommends approval with stipulations.

• On April 14, 2016, by a vote of 4 – 2, the Planning Commission recommended approval. Mr. Bower voted nay stating helistop doesn’t meet the definition of accessory use and not good for community. Mr. Rhoades voted nay due to incompatible with the surrounding area.

• On May 5, 2016, by a vote of 6 – 0, the Board of County Commissioners continued the public hearing to June 2, 2016. On June 2, 2016, by a vote of 7 – 0, the Board of County Commissioners continued the public hearing to September 1, 2016.

• A summary of the public comments from the April 14, 2016 Planning Commission and June 2, 2016 Board of County Commissioners public hearings are in the staff report attached to this memo.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email on March 4, 2016.

Reviewing Attorney

Instructions to Board Records
Please forward a copy of the executed document and letter from the Florida Department of State to bobbi.roy@mymanatee.org

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - Concession Golf Club Helistop - PDR-04-39(G)(R2) 20150075 - MEPS222 -.pdf
Attachment:  Attachment 2 - Maps FLUC Zoning and aerials.pdf
Attachment:  Attachment 3 - Special and Specific Approval request letters.pdf
Attachment:  Attachment 4 - Affidavits of Publishing.pdf
Attachment:  Attachment 5 - General Development Plan.pdf
Attachment:  Attachment 6 - Additional presentation time request..pdf
Attachment:  Attachment 7 - Letter from Florida Dept. of Transportation.pdf
Attachment:  Attachment 8 - Ordinance.pdf
Attachment:  Attachment 9 - Public Comments.pdf