MAY 22, 2001 the Board of County Commissioners, Manatee County

MAY 22, 2001

The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Tuesday, May 22, 2001, at 9:04 a.m.

Present were Commissioners: Joe McClash, Chairman (entered during the meeting) Amy Stein, First Vice-Chairman (entered during the meeting) Patricia M. Glass, Second Vice-Chairman Jane W. von Hahmann, Third Vice-Chairman Gwendolyn Y. Brown Jonathan Bruce George L. Harris

Also present were: Stephanie Crossman, Associate County Attorney Susan G. Romine, Board Records Supervisor, representing R. B. Shore, Clerk of Circuit Court

Invocation by Reverend Don Carter, Trinity Assembly of God Church.

All witnesses and staff giving testimony were duly sworn.

AGENDA Agenda of May 22, 2001, and agenda update memorandum. BC20010522DOC001

ZONING The following item was withdrawn by the applicant (no notice published in the newspaper; letter of withdrawal submitted at the Planning Commission meeting of 5/10/01) PDC-00-13(Z)(P) RED BARN FLEA MARKET, INC. (WITHDRAWN) ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE REZONING OF 0.36 ACRE OF LAND FROM NC-S TO PDC; PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW A SEASONAL TEMPORARY DISPLAY AREA AND AN ADDITIONAL 14,720 SQUARE FEET COVERED OUTDOOR SALES AREA ON 20.47 ACRES AT 1707 1ST STREET EAST, BRADENTON. BC20010522DOC002

COMPREHENSIVE PLAN AMENDMENTS The following public hearings (Notices not published) were rescheduled to June 26, 2001 ORDINANCE 01-03 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED (THE 2020 MANATEE COUNTY COMPREHENSIVE PLAN); PROVIDING FOR AN APPROVAL OF AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FROM RES-3 TO RES-6 FOR A SITE ON 39.3 ACRES LOCATED ON THE SOUTHEAST CORNER OF 63RD AVENUE EAST AND BIG PITTSBURGH DRAIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-03: Property Owner – Ro Ro Inc.)

ORDINANCE 01-12 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FROM RES-6 TO R/O/R ON 40.54 ACRES ALONG THE NORTHWEST INTERSECTION OF S.R. 64 AND KAY ROAD, EXCLUDING THE RACE TRAC PARCEL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-09: Property Owner – Jung S. Luck)

ORDINANCE 01-13 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE TRAFFIC CIRCULATION SUB-ELEMENT, PROVIDING FOR AN UPDATE OF THE TRAFFIC CIRCULATION MAP SERIES AND TABLE 5-1; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-10: Text Amendment)

ORDINANCE 01-14 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP FROM IL TO P/SP(1) ON 29.017 ACRES (39.003 ACRES MINUS 9.986 ACRES FOR WHICH A SMALL SCALE PLAN AMENDMENT HAS BEEN PROPOSED) LOCATED AT 13950 U.S. 41 NORTH (ADVERTISED AS 10608 U.S. 41 NORTH); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-11: Property owners – James T. Reeder, Graham R. Reeder, Marvis R. Snell)

BCC MB 48/46 MAY 22, 2001 (Continued) ORDINANCE 01-36 ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR TEXT AMENDMENTS TO THE CONSERVATION ELEMENT TO (1) ALLOW VARIABLE WIDTH WETLAND BUFFERS UNDER LIMITED CIRCUMSTANCES, AND (2) REQUIRE THE REMOVAL OF ALL EXOTIC PLANT SPECIES FROM DEVELOPMENT SITES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-14: Text Amendments) BC20010522DOC003

(Enter Mr. McClash, presiding) CONSENT AGENDA Motion was made by Mr. Harris, seconded by Mrs. von Hahmann, and carried 6 to 0, to approve the consent agenda incorporating the language as stated in the recommended motions in the agenda memoranda. Items APPROVED:

CLERK’S CONSENT CALENDAR BC20010522DOC004 BONDS Bay Oaks Release: 1. Agreement with Bay Oaks, Inc. warranting completion of required improvements ($13,189.80). 2. Defect Security: $13,189.80 (Surety Bond SP2232788500, Western Surety Company). BC20010522DOC005 Creekwood West Commercial, Phase II Release: 1. Agreement with Creekwood Gateway LLC guaranteeing completion of required improvements and temporary construction easement for private improvements ($704,706.04). 2. Performance Bond: $704,706.04 (Surety Bond 11S103482356, Travelers Casualty and Surety Company of America). Accept: 1. Agreement with Creekwood Gateway LLC guaranteeing completion of required sidewalk and bikeways and temporary construction easement for private improvements ($96,375.04). 2. Performance Bond: $96,375.04 (Surety Bond 11S103482359, Travelers Casualty and Surety Company of America). BC20010522DOC006 REFUNDS Robert Berne, Trustee – Impact Fee $ 154,864.00 BC20010522DOC007 WARRANT LIST Approved: May 15, 2001 through May 21, 2001 Authorized: May 22, 2001 through June 4, 2001 BC20010522DOC008 MINUTES March 27, 2001 BC20010522DOC009

COUNTY ADMINISTRATOR PROCLAMATIONS 1. Proclamation designating May 20, 2001, as Operation S.E.E.D. (Self-Empowerment and Enrichment Day) was accepted by Berniece Scott. BC20010522DOC010 2. Proclamation designating May 28, 2001, as Memorial Day was accepted by Dale Keen and Bill Fields. BC20010522DOC011 3. Proclamation designating May 2001 as Foster Parent Appreciation Month was accepted by Russ Kitching. BC20010522DOC012 SEMINOLE GULF RAILWAY Execution of License Agreement for underground pipe with Seminole Gulf Railway, L.P., at such time as the provisions of Section 6 of the Potable Water Participation Agreement with Innovation Marine Corporation, approved by the Commission on April 24, 2001, are met and accepted by Manatee County. BC20010522DOC013 ALZHEIMER’S DISEASE INITIATIVE Amendment 1 to FY 2000-01 Alzheimer’s Disease Initiative agreement with Neighborly Senior Services of Manatee, Inc., amending the contract total from $60,219 to $54,821 for Facility- Based Respite Services. BC20010522DOC014 CHILDREN’S SERVICES Fiscal Year 2000-01 Children’s Services Dedicated Millage funding agreements with non-profit agencies: Foundation for Dreams, Inc. – Dream Oaks Camp, $52,500 Southwest Florida Council, Inc., Boy Scouts of America – Scouting, $10,200 BC20010522DOC015 COMMUNITY CARE FOR THE ELDERLY 1. Amendment 1 to the FY 2000-01 agreement with Meals on Wheels Plus of Manatee, Inc., amending the contract total from $38,227 to $26,129 for Adult Daycare. BC20010522DOC016 2. Amendment 1 to the FY 2000-01 agreement with Meals on Wheels Plus of Manatee, Inc., amending the contract total from $114,535 to $121,018 for Home Delivered Meals. BC20010522DOC017

BCC MB 48/47 MAY 22, 2001 (Continued) PERSONNEL STAFFING LEVEL R-01-119 RESOLUTION ESTABLISHING AUTHORIZED STAFFING LEVEL CHANGES FOR THE COMMUNITY SERVICES DEPARTMENT (department level from 145 to 147). BC20010522DOC018 BUDGET AMENDMENT Various Departments B-01-023 Transfer of Funds; Unanticipated Revenue Appropriations Supporting Description and Detail Attached BC20010522DOC019 AMBULANCES Execution of Addendum 1 to agreement with Aero Products, Inc., for emergency rescue ambulances, changing the cab chassis to a Freightliner FL60 and adding options to increase operator safety. BC20010522DOC020 REFUND Authorization to refund $1,315.25 to Manatee Towne, account number 37165-101150, at 3300 53rd Avenue East, Bradenton, due to overcharge on sewer services. BC20010522DOC021 FLOTILLA 81, INC. R-01-73 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AUTHORIZING A SUBLEASE WITH FLOTILLA 81, INC. (subleasing a portion of G. T. Bray Park for construction and operation of a building and facilities to be used for classes for boating safety training and education; rescinding Resolutions R-00-30 and R-00-292). BC20010522DOC022 FINAL PLATS Huber Estates 1. Final Plat; 2. Mortgagee’s Joinder in Declaration only from Regions Bank, f/k/a Regions Bank, N.A., as successor to Liberty National Bank; 3. Agreement with Hagan H. Huber to defer completion of required sidewalks; 4. Affidavit and Acknowledgement of Access by Private Street Required for Land Development Code Section 740 from Hagan H. Huber; 5. Notice to Buyers; and, 6. Conservation Easement from Hagan H. Huber. BC20010522DOC023 Lakeridge Falls, Subphase 1A 1. Final Plat; 2. Agreement with Centex Homes guaranteeing completion of required improvements (on-site areas; $2,908,237.67); 3. Performance Bond: $2,908,237.67 (Surety Bond No. 6097132, Safeco Insurance Company of America); 4. Agreement with Centex Homes guaranteeing completion of required sidewalks and bikeways ($93,321.80); 5. Performance Bond: $93,321.80 (Surety Bond No. 6097130, Safeco Insurance Company of America); 6. Agreement with Centex Homes guaranteeing completion of required improvements (off-site areas; $245,834.68); 7. Performance Bond: $245,834.68 (Surety Bond No. 6097131, Safeco Insurance Company of America); 8. Agreement with Centex Homes guaranteeing completion of required improvements (recreation center) and Temporary Construction Easement for private improvements ($2,029,100); 9. Performance Bond: $2,029,100 (Surety Bond No. 6102851, Safeco Insurance Company of America); 10. Agreement with Centex Homes guaranteeing completion of required improvements (landscape and irrigation-common areas) and Temporary Construction Easement for private improvements ($355,172.63); 11. Performance Bond: $355,172.63 (Surety Bond No. 6102852, Safeco Insurance Company of America); 12. Agreement with Centex Homes for Installation And Maintenance Of Publicly Owned Facilities Underlying Privately Owned Lands; and, 13. Declaration of Covenants, Conditions, and Restrictions. BC20010522DOC024 Melody Meadows 1. Final Plat. 2. Notice to Buyers. BC20010522DOC025 TARA DRI 11 - TRANSPORTATION ANALYSIS Schedule public hearings for August 9, 2001, Planning Commission, and August 28, 2001, County Commission to consider Transportation Analysis determination of substantial deviation. BC20010522DOC026 FEE WAIVER Waive Planning Department Variance Review Fees for Lawrence Hinds and Laura Gray, $1,112, for the relocation of a historic fishing cottage. BC20010522DOC027 PARTICIPATION PROJECTS 1. R-01-120 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT ROLL FOR SEWER ASSESSMENT PROJECT 5235, ELLENTON, PHASE 1-A (combining parcels owned by Roger D. and Sharlot Lofgren). BC20010522DOC028 2. R-01-121 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT ROLL FOR SEWER ASSESSMENT PROJECT 5144, RIVERDALE (combining parcels owned by Camlin Home Corporation). BC20010522DOC029

BCC MB 48/48 MAY 22, 2001 (Continued) 3. R-01-122 A RESOLUTION MODIFYING THE SPECIAL ASSESSMENT ROLL FOR SEWER ASSESSMENT PROJECT 5147, SAMOSET (revising the sewer assessment for a parcel owned by E. Lawson and Glenda A. Rudd). BC20010522DOC030 4. Schedule second public hearings on June 19, 2001, at 9:00 a.m. or as soon thereafter as possible, for Sewer Assessment Project 6033780 – 22nd Street West Sewer Assessment Project 6033880 – 21st Street West Sewer Assessment Project 6038980 – 98th Avenue East Road Assessment Project 6039160 – 45th Avenue Drive East BC20010522DOC031 LAWSUITS Norwest Bank v. Curtis 1. Execution of Subordination Agreement with Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, stipulating that the County subordinate its Code Enforcement liens (CE7010472J) against Lloyd Curtis, Sr., and Lloyd Curtis, Jr., to Norwest for Lots 11 and 12, Block J, Hill Park Subdivision. 2. Authorization for the County Attorney to stipulate to a final judgment. BC20010522DOC032 Doris Schember, City of Anna Maria, City of Bradenton Beach, Manatee County, and City of Holmes Beach v. Department of Community Affairs and City of Bradenton Approve invoice from attorney Daniel J. Lobeck for expert witness fees, $16,821.45. (End Consent Agenda) BC20010522DOC033

SAM’S CLUB William R. Wheeler, resident of Briarwood Subdivision, requested the Board consider the protection of Briarwood Subdivision and an adjacent apartment complex with walls, noise abatement, lights, etc., during the development of a Sam’s Club (at U.S. 301 and S.R. 70). BC20010522DOC034

LAND DEVELOPMENT CODE Public hearing (Notices in the Bradenton Herald and the Sarasota Herald-Tribune 5/11/01) was held to consider ORDINANCE 01-31 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING CERTAIN PROVISIONS OF THE MANATEE COUNTY LAND DEVELOPMENT CODE (ORDINANCE 90-01, AS AMENDED); AMENDING THE FLOODPLAIN MANAGEMENT DEFINITION OF LOWEST FLOOR LEVEL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended ADOPTION.

Carol Clarke, Planning Director, advised that this is the first of two public hearings (second public hearing scheduled for June 5, 2001). No action was necessary at this time. BC20010522DOC035

COMPREHENSIVE PLAN AMENDMENT Public hearing (Notice not published; public notice sign posted and notification to contiguous property owners 4/20/01) was opened to consider ORDINANCE 01-38 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM UF-3 TO RES-6 FOR CERTAIN LAND (1.30 ACRES) LOCATED WITHIN REGENCY OAKS II SUBDIVISION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PA-01-16: Regency Oaks II)

Motion was made by Mr. Bruce, seconded by Mr. Harris, and carried 6 to 0, to continue and readvertise the public hearing for PA-01-16/Ordinance 01-38 to June 5, 2001, at 9:00 a.m. or as soon thereafter as same may be heard. BC20010522DOC036

ZONING Public hearing (Notices in the Bradenton Herald 5/11-12/01 and the Sarasota Herald-Tribune 5/11/01) was held to consider PDC-00-12(Z)(P) BENDERSON DEVELOPMENT/BURGER KING ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM A-1 TO PDC; PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW TWO EATING ESTABLISHMENTS, ONE WITH A DRIVE-THRU, TOTALING 7,486 SQUARE FEET, ON 2.65 ACRES ON THE SOUTH SIDE OF U.S. 301, IMMEDIATELY WEST OF 60TH AVENUE EAST, ELLENTON. Planning Commission recommended APPROVAL with 15 Stipulations; and, GRANTING Special Approval for a project in the Entranceway.

Dorothy Rainey, Planning Department, submitted new Stipulation 16. She reviewed a zoning map, an aerial map, slides of the site and surrounding properties, and the site plan. (Enter Mrs. Stein during presentation)

BCC MB 48/49 MAY 22, 2001 (Continued) Ed Vogler, attorney representing the applicant, agreed with the Stipulations with the exception of Stipulation 4. He reviewed a site plan, including the adjacent Walgreens’ project, and explained why it would be difficult to realign the south access driveways as required.

Discussion: Landscaping along the south side of 18th Street East, as a compromise to Stipulation 4, to keep headlights from shining into residences; additional right-of-way on 18th Street East for a left- turn lane; parking; plant 5-inch caliper trees to replace trees removed from the site; elevation of the site versus the height of landscaping on the south side of 18th Street East; signs; etc.

Robert Pederson, Planning Department, recommended the following addition/amendment to stipulations: Stipulation 17 – Add: Prior to Certificate of Occupancy, the developer shall improve 18th Street East to County standards, i.e. 24-foot pavement, from the western property line to 60th Street East. Stipulation 4 – Amend to: Prior to Certificate of Occupancy, the applicant shall install a hedge within the 18th Street right-of-way directly across from the frontage of this site. The hedge shall be three feet in height above the centerline of 18th Street East at planting and achieve a height of six feet and 100 percent opacity within two years.

Concerning Stipulation 4, it was determined the height of the hedge should be based on the height of the site, not the roadway.

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, Mrs. Stein moved to ADOPT Manatee County Zoning Ordinance PDC-00-12(Z)(P); approve the Preliminary Site Plan with Stipulations 1 through 3, new Stipulation 4, 5 through 15, and new Stipulations 16 and 17; and grant Special Approval for a project in the Entranceway. Motion was seconded by Ms. Brown and carried unanimously. BC20010522DOC037

STREET VACATION – POMELLO PARK SUBDIVISION/A.L. DAVIS SUBDIVISION Public hearing (Notices in the Bradenton Herald 4/25/01 and 5/2/01) was held to consider R-01-54-V A RESOLUTION ON APPLICATION BY PANTHER RIDGE COMMUNITIES, LTD.; PAMELA R. SANTARLASCI, PERSONAL REPRESENTATIVE FOR THE ESTATES OF EVA M. AND CARL W. FAIRHURST; ADRIS H. AND ZAMINA H. KHAN; MILLARD H. AND JOYCE L. KLOOSTER; AND THE MYAKKA CITY FIRE DISTRICT VACATING VARIOUS PLATTED LOTS AND RIGHTS-OF-WAY WITHIN POMELLO PARK SUBDIVISION AND A. L. DAVIS SUBDIVISION (Parcel 1: 50-foot-wide platted right-of-way north of Tract 5, Pomello Park Subdivision; Parcel 2: portion of 50-foot-wide platted right-of-way between Parcels 32 and 33, Pomello Park Subdivision; and Parcel 3: portion of Blocks O and P, A. L. Davis Subdivision).

Bob Smith, Land Acquisition, pointed out the locations of the parcels on a map of the area. He stated the parcels, if vacated, would not interfere with the legal rights of the abutting or neighboring properties. He advised that opposition to the vacation of Parcel 1 was received from Jonathon and Angela Bibler (letter dated 5/1/01). They have requested that the right-of-way remain for access to their parcel (Tract 13). He stated that an improved roadway from the Bibler’s property, east to C.R. 675 has been approved and permitted, and construction is due to commence shortly.

Concerning Parcel 1, Adron Walker, representing Millard and Joyce Klooster and Panther Ridge Communities, submitted a list of reasons for approving the vacation. He noted that the Biblers have been offered a temporary ingress/egress easement. (Depart Ms. Brown during presentation)

Walt Boyer spoke in opposition to the vacation of Parcel 1. He presented a map identifying the “east-west continuity” of a nature trail system in Panther Ridge Subdivision. Vacation of this right-of-way would limit access to this trail.

Deb Davis, Trail Blazers Association, also spoke in opposition to the vacation of Parcel 1. She presented a map of Panther Ridge.

Larry Mau, Transportation Director, reviewed an overview of Pomello Park and identified the roads and the vacated areas. He also reviewed two graphics identifying (1) a closer detail of the area around the Klooster’s property and a dirt road (highlighted in yellow) that was constructed to serve a lot to the north; and (2) a road being constructed by Tom Brown, Jr., from C.R. 675, which will provide legal access to Tracts 13 and 14. (Enter Ms. Brown during comments)

Also expressing opposition to the vacation of Parcel 1 were: Ann Lansky, William Davis, Michael and Donna Marrs, Nancy Smith, Lydia Boyles, and Angela Bibler.

Mr. Walker advised that Mr. and Mrs. Klooster would consider an easement along the east, north, and west sides of Tract 4B, which would add 600 feet to the trail system. He stated they would also discuss an easement along the north boundary of Tract 4B for access to Mr. and Mrs. Bibler’s property. BCC MB 48/50 MAY 22, 2001 (Continued) Motion – Resolution R-01-54-V Mr. Bruce moved to adopt Resolution R-01-54-V, with the exclusion of Parcel 1. Motion was seconded by Mrs. Glass and carried 7 to 0.

Motion – Parcel 1 Motion was made by Mr. Bruce, seconded by Mr. Harris, and carried 7 to 0, to advertise for the vacation of Parcel 1 after the issues have been resolved. BC20010522DOC038

Recess/Reconvene. All members present.

ZONING (Continued) (Carol Cason, Court Reporter, present) Public hearing (continued from 4/24/01) was held to reconsider PDR-00-12(Z)(P) VIVIAN RAWLS AND RONALD TRAVIS/LAND EXPERT, INC. Request (approved 12/19/00) to allow the rezoning of certain land from A-1 to PDR and a General Development Plan for single-family detached lots with a minimum lot size of 12,000 square feet at a gross density of 1 dwelling unit per acre.

The applicant now requests: AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM A-1 TO PDR; PROVIDING AN EFFECTIVE DATE; APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW 215 SINGLE-FAMILY DETACHED LOTS AT A GROSS DENSITY OF 1.97 DWELLING UNITS PER ACRE; AND GRANTING SPECIAL APPROVAL FOR A PROJECT (1) EXCEEDING 1 UNIT PER GROSS ACRE IN THE UF-3 FUTURE LAND USE CATEGORY, AND (2) PARTIALLY LOCATED WITHIN THE COASTAL EVACUATION AREA; LOCATED ON 108.91 ACRES ON THE EAST SIDE OF FORT HAMER ROAD, WEST OF GAMBLE CREEK AND NORTH OF MULHOLLAND ROAD. Staff recommended APPROVAL with stipulations.

Aristotle Shinas, Planning Department, reviewed the site plan as presented on December 19, 2000, and the new site plan with the proposed revisions. He identified the changes from the previous approval, as outlined in the case summary of the staff report.

Mark Barnebey, attorney for the applicant, agreed with the stipulations with the exception of Stipulation B.4. He recommended that Stipulation B.4 be revised to require Mulholland Road to be constructed only to the eastern end of Lot 141. He highlighted revisions to the site plan.

Tom McCollum, representing the applicant, presented an entrance section graphic. He also reviewed the new site plan pointing out revisions.

Following discussion, Ms. Clarke recommended the addition of Stipulation C.5 - The lowest quality water available shall be used for irrigation.

Further discussion: Stipulation C.5 would apply to common areas and residential lots; add a provision prohibiting the use of potable water for irrigation and/or requiring this development to be a xeriscape community; lowering density to 1.6 units; improvements needed on U.S. 301; replatting the lots falling into the buffer around the wetlands to be outside the buffer zone; Stipulation B.4; etc.

Ms. Clarke recommended amendments to the following stipulations: Stipulation A.1 – Add: “Lots 28 through 35 shall be reconfigured to avoid inclusion of the wetland buffer in the lot. Lots on the northern perimeter in this area may be reduced below the minimum stipulated lot area if necessary to avoid the buffers.” Stipulation C.5 – Reword/add: “The lowest quality water possible shall be used for irrigation. In-ground irrigation using the Manatee County public potable water supply shall be prohibited, including on individual lots.”

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, Mr. Bruce moved to ADOPT Manatee County Zoning Ordinance PDR-00-12(Z)(P) with Stipulations A.1 through A.15, with A.1 as amended at this meeting, B.1 through B.8, with B.4 as recommended by staff, C.1 through C.5, D.1 through D.5, E.1 through E.6, F.1 and F.2, and G.1; and GRANT Special Approval for a project: (1) exceeding one unit per gross acre in the UF-3 Future Land Use Category; and (2) partially located within the Coastal Evacuation area. Motion was seconded by Mrs. Glass.

Ms. Clarke noted that Stipulation B.5b.1. should be amended from “…impact feet credit)” to “…impact fee credit).”

Mrs. Stein moved to amend the motion to change the density to 1.6 dwelling units per acre with a total number of 175. Motion died for lack of a second.

The original motion carried 7 to 0. BC20010522DOC039

BCC MB 48/51 MAY 22, 2001 (Continued) Public hearing (Notices in the Bradenton Herald 5/11/01 and the Sarasota Herald-Tribune 5/12/01) was held to consider PDR-97-12(P)(R-2) WATERLEFE GOLF AND RIVER CLUB (FKA WADING BIRD GOLF AND COUNTRY CLUB) Request: Amend the Preliminary Site Plan (adopted 7/14/98) and Land Use and Design Stipulation 4 of the Zoning Ordinance to reduce the separation between Multifamily Buildings 8 (Units 29-32) and 9 (Units 33-36) from 40 feet to 37.5 feet. The entire site is located on 622 acres, including 478.5 upland acres above the Manatee River shoreline, on the south side of the Manatee River, north and west of Upper Manatee River Road. Buildings 8 and 9 are located at the end of Sea Turtle Terrace.

Norm Luppino, Planning Department, reviewed: (1) the request; (2) the site plan; (3) an enlargement of Phase I area including Buildings 8 and 9; and, (4) a sketch of the rear and right elevations of the buildings. He stated that after Building 8 and a portion of Building 9 were constructed, it was determined the setbacks between the buildings did not meet the requirement of 40 feet. He recommended approval of the request for these two buildings only.

Bill Merrill, attorney representing the applicant, stated the measurement was made to the wrong corner and once the mistake was discovered, work on the building was stopped. The applicant has reviewed the plans to ensure this has not occurred on any other buildings.

Gary Nelson, on behalf of the applicant, addressed the wetland buffer corrections on the golf course, which were submitted to the Southwest Florida Water Management District.

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, Mr. Harris moved to ADOPT Manatee County Zoning Ordinance PDR-97-12(P)(R-2). Motion was seconded by Mrs. Glass and carried 7 to 0. BC20010522DOC040

HAWK’S HARBOR - AIRPORT IMPACT OVERLAY DISTRICT Carol Clarke, Planning Director, advised that the developer of Hawk’s Harbor (approved 8/26/98; revised plan 1/4/00) has expressed concern regarding the Airport Impact (AI) Overlay District, specifically, the use of the 1993 Noise Exposure Maps and requirements in the Land Development Code for two acoustical analyses. She recommended no change to the current requirements.

Mr. Bruce moved that the Land Development Code continue to use the Comprehensive Plan Noise Exposure Map to determine the extent of the AI District, as recommended by staff. Motion was seconded by Mr. Harris and carried 7 to 0. BC20010522DOC041

URBAN COUNTY DESIGNATION Discussion was held with regard to the status of Manatee County as an Urban County (Entitlement Community) through the U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant program. The Chairman announced that the Town of Longboat Key would participate, as well as the other municipalities on Anna Maria Island, to meet the population threshold of 200,000 to be eligible for this designation.

Cheri Coryea, Human Services, stated that cooperative agreements are due to HUD by July 20, 2001.

Motion was made by Ms. Brown to include Longboat Key and the Island municipalities to increase the County’s population to over 200,000. Motion was seconded by Mr. Bruce and carried 7 to 0. BC20010522DOC042

Recess/Reconvene. All members present except Mr. McClash, Mrs. Glass, and Mr. Harris (Mrs. Stein presiding).

ZONING (Continued) Public hearing (Notices in the Bradenton Herald 5/11/01 and the Sarasota Herald-Tribune 5/12/01) was held to consider PDI/PDPI-01-01(Z)(P) F. BROWNE GREGG/CPV GULFCOAST LTD. A ZONING ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA…; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM LM AND A-1 TO PDI (117.74 ACRES) AND PDPI (9.97 ACRES); PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO ALLOW A 250-MEGAWATT NATURAL GAS FIRED POWER PLANT AT 11951 BUD RHODEN ROAD. Planning Commission recommended APPROVAL with 17 Stipulations.

(Enter Mr. McClash, presiding) Laurie Suess, Planning Department, reviewed an aerial map of the surrounding land uses, and the site plan. She summarized concerns regarding the structure heights, stating the 150-foot stack is located more than 500 feet south of Buckeye Road and 400 feet from Bud Rhoden Road. Ms. Suess pointed out the screening buffers proposed around the site. She stated the applicant has submitted various reports/studies to address potential adverse impacts, including noise, vibration, humidity, heat, and cold.

BCC MB 48/52 MAY 22, 2001 (Continued) (Enter Mr. Harris during presentation)

Mark P. Barnebey, attorney representing the applicant, submitted his resume, as well as resumes of John H. Moody, Kimber L. Bereiter, Robert B. Conerly, Mark W. Mueller, Neil Collins, Stephen P. Stuhrke, and Frederick M. Sellars.

Mr. Barnebey presented four photographs of the site and adjacent properties. He also presented an image of the power plant, a graphic identifying the heights of tall structures in proximity to this site, and the landscape development plan.

Sean Finnerty, Competitive Power Ventures (CPV), stated this facility is capable of supplying electricity, which will be marketed in Florida, to 50,000 homes. The facility will use a combined cycle method to generate electricity. The project will be connected to the Gulfstream pipeline and to the Florida Power & Light electric transmission lines. Natural gas will be used as the primary fuel; however, very low sulfur fuel oil will be maintained on site to be used as an emergency backup.

Mr. Finnerty addressed: Air emissions will be controlled using the best available technology; displace emissions from older, less efficient plants in the area; average of 1.94 million gallons a day for cooling; cooling towers; zero liquid discharge system; water will be provided by relocating permitted groundwater quantities from Pacific Tomato; no increase in water use other than that which has been planned, permitted, and approved by the Southwest Florida Water Management District (SWFWMD).

Fred Sellars, TRC Environmental Corporation, advised that this project has been through an air permitting process and a technical review by the Florida Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency, which culminated in the issuance of an air permit by DEP. He stated the DEP found that this project would have “the lowest emission rate in Florida and nearby states to date.” He presented a graphic entitled “Comparison Gulfcoast and Existing Power Plant Emissions (1997-1999 Averages).”

Neil Collins, Louis Berger Group, advised of studies they have completed for this project.

Kimber Bereiter, Swan, Moody, & Associates, reviewed the landscape development plan and reviewed digital images of the property, before and after the addition of the proposed landscaping.

Mr. Barnebey concluded that the facility and site plan have been designed to minimize the impact on the area and environmental and engineering aspects of the plant has been reviewed and considered.

Glenn Compton, ManaSota-88, submitted a letter requesting denial of the project.

Mr. Finnerty presented a graph entitled “FRCC Supply Stack 2003” which represents the cost of generating electricity from individual power plants in Florida.

Discussion followed regarding additional Stipulations.

Recess/Reconvene. All members present except Mrs. Glass.

Jeffrey Steinsnyder, Deputy Chief Assistant County Attorney, reviewed additional Stipulations: 18. Natural Gas shall be used as the source of fuel for the power plant unless natural gas becomes temporarily unavailable due to constraints in the natural gas system or other events beyond the control of CPV. 19. Change in the type of primary fuel will require an amendment to the preliminary site plan and a public hearing before the Board of County Commissioners. 20. Only Number 2 fuel oil or cleaner shall be used as a backup fuel source. 21. The applicant shall provide annual reports to the Board regarding the plants hours of operation, emissions, and number of hours operating on oil. To the extent such information is available, a comparison of the plant’s operation versus other power plants of similar size or larger located in the Tampa Bay Airshed will be provided. 22. Applicant shall notify the Emergency Management Department (EMD) within 48 hours of the use of oil. 23. Applicant shall notify the Board of any modification to its air or consumptive use permits. Ms. Clarke recommended the following amendments to Stipulations: 3. Change “…approval of a General of Preliminary Site Plan…” to “…approval of a General or Preliminary Site Plan…” 13. Add Manatee County potable water system shall not be used for irrigation system or cooling. 14. Change “…approved bye the Public Safety…” to “…approved by the Public Safety…”

Discussion followed regarding additional amendments to the Stipulations.

Ms. Clarke recommended an additional Stipulation: 24. The plant shall use a zero liquid discharge, best available technology system for recapturing water which would normally be lost in processing.

BCC MB 48/53 MAY 22, 2001 (Continued) Rob Brown, EMD, advised that the water usage on the Pacific Tomato site was 163 million gallons from February 2000 to February 2001. He stated they were only pumping from two of the five wells.

Mr. Barnebey referred to a floodplain map, noting that the plant is outside the 500-year floodplain; however, a portion of the switchyard is within the category-five storm surge and will be elevated.

Mr. Sellars reviewed graphs entitled: (1) “Comparison of Annual Modeled Concentration for CPV Gulfcoast to the NAAQs, PSD Increment and SIL for SO₂”; and (2) “Comparison of Annual Modeled Concentration of CPV Gulfcoast to the NAAQs, PSD Increment and SIL for NO₂.”

Ms. Clark and Mr. Steinsnyder reiterated amendments to, and the addition of, Stipulations as follows: Amendments Stipulation 3 - Change “of” to “or” in the second line. Stipulation 13 - Add new sentence after the first sentence: “The Manatee County potable water system may not be used for an irrigation system or cooling.” AND add to the beginning of the next sentence “Irrigation and cooling water…” Stipulation 14 – Eliminate the “e” in the word “bye” in the second sentence.

Additional Stipulations 18. Natural gas shall be used as the source of fuel for the power plant unless natural gas becomes temporarily unavailable due to constraints in the natural gas system or other events beyond the control of CPV. 19. Change in the type of primary fuel will require an amendment to the preliminary site plan and a public hearing before the Board of County Commissioners. 20. Only Number 2 fuel oil or cleaner shall be used as a backup fuel source. 21. The applicant shall provide annual reports to the Board regarding the plants hours of operation, emissions of criteria pollutants, and number of hours on oil to demonstrate a reduction of emissions in the Tampa Bay Airshed compared to if the project was not operational. To the extent such information is available, a comparison of the plant’s operation versus other power plants of similar size or larger located in the Tampa Bay Airshed will be provided. 22. The applicant shall notify Environmental Management Department within 48 hours of the use of oil. 23. The applicant shall notify the Board of any application for permit modification of its air or consumptive use permits. 24. The plant shall use a zero-liquid discharge, best available technology system for recapturing water, which would normally be lost in processing.

(Depart Mrs. Stein) COMMISSIONERS’ COMMENTS 59th Street Boat Ramp Mrs. von Hahmann commented on the need for trash cans and additional lighting at the southern parking lot of the 59th Street Boat Ramp.

Gun Shops Mrs. von Hahmann questioned the possibility of an ordinance regarding the location of gun shops in proximity to churches and residential property.

Bradenton Beach – Memorial Day Weekend Mrs. von Hahmann relayed a request from the Bradenton Beach City Council that, due to the Memorial Day weekend, a mobile sign be placed on Cortez Road to alert people if the beaches have reached capacity and no parking is available.

82nd Street West/Cortez Road Mrs. von Hahmann advised that residents in the neighborhood of 82nd Street West and Cortez Road would like the Board to consider curbs, gutters, and sidewalks for that area.

25th Street East and 7th Avenue East Ms. Brown reiterated a request for a four-way stop sign at this intersection in Palmetto.

Health Fair Ms. Brown noted that staff recently participated in a health fair. She requested a tent be provided over public information tables during future events. (Enter Mrs. Stein)

BCC MB 48/54 MAY 22, 2001 (Continued) Lincoln Park Mrs. Stein commented on a complaint received regarding watering at Lincoln Park (Palmetto). She also requested staff inspect a release valve where water is overflowing into an adjacent canal.

Ms. Brown advised that the watering is being done at the new ballfields on 2nd Avenue.

Water Permitting for Agricultural Uses Mrs. Stein relayed concerns of the public regarding the process of water permitting for agricultural uses. There is concern that the present system is encouraging waste in that it encourages growers to draw more water out of the aquifer and flood their fields for purposes of keeping their permitted quantities up, thereby not having permitted levels reduced. Discussion followed.

Shadowbrook/Arbor Creek Mrs. Stein stated that she received a complaint that an access road being constructed at a new development, Arbor Creek, is offset 10 to 12 feet from the access to Shadowbrook. She requested a report be brought back to the next Board meeting.

Gamble Creek – Twin River Development Mrs. Stein commented on favorable responses received regarding the removal of debris from Gamble Creek; however, SWFWMD has denied a permit to the developers of the Twin River development to clean out a downstream area that goes through their property. There was no objection to her request to meet with SWFWMD and County representatives to request reconsideration.

Delinquent Property Taxes/New Developments Mrs. Stein noted that developers who are delinquent on property taxes are coming before the Board on development approvals. She questioned if there are any requirements that property taxes be current before requests for more development in the County. Mrs. Stein requested that the Board consider a policy to require property taxes be current.

Jeffrey Steinsnyder, Deputy Chief Assistant County Attorney, advised there is no requirement in the Land Development Code regarding rezoning; however, there is a requirement that there must be no back taxes owed before a final subdivision plat is approved.

Personnel – Planning Department Ms. Brown questioned the possibility of a full-time person in the Planning Department to track stipulations imposed on developments.

Ms. Clarke advised that she and the County Administrator have discussed the idea of having a staff member to inspect developments to ensure that stipulations are being complied.

Mill Creek/Greyhawk Subdivision Mr. Bruce advised that there is a problem with the alignment of an elevated road in Mill Creek adjacent to the Greyhawk Subdivision.

Braden River Park Mr. Bruce questioned the status of the canoe/boat launch and scenic overlook at Braden River Park.

S.R. 70/Lakewood Ranch Mr. Bruce relayed concerns of Lakewood Ranch residents regarding a sound barrier on S.R. 70 after the widening project. He will be attending a meeting with the residents and the Department of Transportation to discuss this matter.

Braden Pines Mr. Bruce expressed appreciation to the Board for addressing the need for a berm and fence in the Braden Pines area to reflect the noise from S.R. 70.

U.S. 41 - Scenic Highway Program Mr. Bruce commented on discussion held at a Metropolitan Planning Organization meeting regarding the Scenic Highway Program for U.S. 41. It was the consensus of the Board that a letter be sent to Sarasota supporting this program and requesting extension of the same into Manatee County.

Animal Control Ordinance Mr. Harris advised that he obtained a copy of the Brevard County Animal Control Ordinance, which he will provide to Manatee County Animal Services.

Pride Park Expansion Mr. Harris thanked the Parks and Recreation staff and the Sheriff’s inmates for their work on the Pride Park expansion project. BC20010522DOC044

BCC MB 48/55 MAY 22, 2001 (Continued) Public Hearing Advertisements Mr. McClash submitted an example from the Maddux Report of a notice of public hearings. He stated that the Planning Department may want to consider using this type of notice for planning issues. BC20010522DOC045

MEETING ADJOURNED There being no further business, the meeting was adjourned.

Adj: 4:28 p.m. /dev

Minutes Approved: August 14, 2001

BCC MB 48/56