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BCC MB 48/3356 MAY 7, 2009 the Board of County Commissioners

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BCC MB 48/3356 MAY 7, 2009 the Board of County Commissioners MAY 7, 2009 The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, at 9:02 a.m. Present were Commissioners: Gwendolyn Y. Brown, Chairman Carol Whitmore, First Vice-Chairman Donna Hayes, Second Vice-Chairman Lawrence E. Bustle, Jr., Third Vice-Chairman John R. Chappie Ron Getman Joe McClash Also present were: John Osborne, Interim Planning Director Sarah Schenk, Assistant County Attorney Susan G. Romine, Board Records Manager, representing R. B. Shore, Clerk of Circuit Court Invocation by Rev. Herb McMillian, First Church of Nazarene. All witnesses and staff giving testimony were duly sworn. AGENDA Agenda of May 7, 2009, and update memorandum. BC20090507DOC001 PUBLIC HEARINGS – PRESENTATIONS UPON REQUEST ZONING Public hearing (Notices published) was opened to consider PDR-05-27(P) WOODLANDS OF MANATEE LLC/COVENTRY PARK SUBDIVISION (CONTINUED TO JUNE 4, 2009) ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, APPROVING A PRELIMINARY SITE PLAN FOR 256 RESIDENTIAL LOTS, CONSISTING OF 193 LOTS FOR SINGLE-FAMILY DETACHED, AND 63 LOTS FOR SINGLE-FAMILY ATTACHED RESIDENCES, WITH AT LEAST 25 PERCENT OF THE UNITS DESIGNATED AS AFFORDABLE HOUSING, ON APPROXIMATELY 105.97 ACRES WEST OF ERIE ROAD AND SOUTH OF FP&L RAILROAD AT 5901 ERIE ROAD, PALMETTO; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ellsworth Welton, Shannon Acreman, Steve Royce, and David Smiley spoke in opposition due to density, compatibility, proposed parking issues, an unsafe park area situated near a drainage canal, and traffic concerns. Road improvements on Erie Road should be made prior to further development. Discussion: Level of service criteria; 69th Street East and Erie Road roadway standards should be reviewed and addressed; bring back on future agenda; etc. Chuck King indicated he would speak at the continued public hearing. BC20090507DOC002 Public hearing (Notices published) was held to consider PDC-08-23(P) B & J CITRUS GROVES, INC./ELLENTON BUSINESS PARK (APPROVED) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, APPROVING A PRELIMINARY SITE PLAN FOR 28,000 SQUARE FEET OF COMMERCIAL, RETAIL AND SERVICES ON APPROXIMATELY 4.85 ACRES ON THE NORTH SIDE OF U.S. 301, APPROXIMATELY 415 FEET WEST OF ELLENTON-GILLETTE ROAD, AT 3314 U.S. 301 NORTH, ELLENTON; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL with Stipulations. A revision to staff recommended Stipulations and a recommended motion for PDC-08-23(P) were submitted with the agenda update memorandum. BC20090507DOC003 Public hearing (Notices published) was held to consider PDC-08-26(Z)(P) 301 OXFORD LLP/OXFORD COMMERCIAL DEVELOPMENT (APPR) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR A REZONE OF APPROXIMATELY 19.5 ACRES AT THE SOUTHWEST CORNER OF U.S. 301 AND OXFORD ROAD, EAST OF CHIN ROAD, AT 5111 OXFORD ROAD, PARRISH, FROM A/NCO AND A-1/NCO TO THE PDC/NCO ZONING DISTRICT, RETAINING THE NORTH CENTRAL OVERLAY; APPROVE A PRELIMINARY SITE PLAN FOR 150,000 SQUARE FEET OF OFFICE, COMMERCIAL, AND RETAIL USES; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL with Stipulations. BCC MB 48/3356 MAY 7, 2009 (Continued) A revision to staff recommended Stipulations and a recommended motion for PDC-08-26(Z)(P) were submitted with the agenda update memorandum. Discussion: Request for information regarding wetlands; impact of avoidance and minimization analysis not included in the staff report; LDC requires demonstration of avoidance; bring back later in the meeting; include information via footnotes in the staff report and make available in the read file; refine wetland issue in the planning process; etc. Joel Christian, Planning Department, addressed the wetland impact. Referring to photographs of the impacts to the wetlands, he discussed the impact from U.S. 301, and noted historic impacts have degraded the wetlands. Discussion: Majority of the Board was in agreement with staff regarding the wetland; staff to provide a copy of the analysis; etc. BC20090507DOC004 Public hearing (Notices published) was held to consider PDMU-09-04(Z)(G) SR 62 MEMORIAL PARK (APPROVED) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR THE REZONING OF APPROXIMATELY 56.1 ACRES ON SOUTH SIDE OF S.R. 62 SOUTH OF THE INTERSECTION OF S.R. 62 AND KEEN ROAD, AT 15471 S.R. 62, PARRISH FROM PDR TO THE PDMU ZONING DISTRICT; RETAINING THE NORTH CENTRAL OVERLAY; APPROVE A GENERAL DEVELOPMENT PLAN FOR A CEMETERY AND ASSOCIATED FACILITIES, SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL with Stipulations. BC20090507DOC005 Public hearing (Notices published) was held to consider PDPI-06-45(Z)(G) MANATEE COUNTY/NWRF EXPANSION AND WATER SUPPLY/TREATMENT (COUNTY-INITIATED) (APPROVED) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR A REZONE OF APPROXIMATELY 584 ACRES AT 7550, 8100, AND 8500 69TH STREET EAST, BRADENTON, FROM A/NCO AND A-1 TO THE PDPI AND PDPI/NCO ZONING DISTRICT, RETAINING THE NORTH CENTRAL OVERLAY WHERE APPROPRIATE; APPROVE A GENERAL DEVELOPMENT PLAN FOR THE NORTH WATER RECLAMATION FACILITY EXPANSION, NEW RAW WATER WELLFIELDS AND ASSOCIATED PIPELINES, A NEW MAINTENANCE BUILDING, AND FUTURE UTILITY EXPANSION PROJECTS; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE (±584 ACRE REZONE; ±647 ACRE SITE PLAN APPROVAL). Planning Commission recommended APPROVAL with Stipulations. A revision to PDPI-06-45(Z)(G) submitted with the agenda update memorandum. BC20090507DOC006 Public hearing (continued from 4/2/09) was held to consider Z-08-01 FOSTER/LEE (APPROVED) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR THE REZONING OF ±82.68 ACRES SOUTH OF WOODLAWN LAKES SUBDIVISION AND WEST OF WHITNEY MEADOWS SUBDIVISION ZONING DISTRICT AT LEON DRIVE, FROM A-1 TO THE RSF-2 ZONING DISTRICT; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL. BC20090507DOC007 Public hearing (Notices published) was held to consider PDR-06-63(Z)(C) SES CORTEZ LLC, DJ2 LLC, MIK LLC/TAMIAMI TERRACES (APPR) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 90-01, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR THE REZONING OF APPROXIMATELY 2.41 ACRES ON THE WEST SIDE OF 14TH STREET WEST AT 3700 14TH STREET WEST, BRADENTON, FROM PDMU AND RSMH-6 TO THE PDR ZONING DISTRICT; APPROVE A GENERAL DEVELOPMENT PLAN FOR 36 MULTIFAMILY UNITS; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL with Stipulations. BC20090507DOC008 BCC MB 48/3357 MAY 7, 2009 (Continued) LAND DEVELOPMENT CODE AMENDMENTS Public hearing (continued from 3/5/09)) was opened to consider ORDINANCE 09-08 - GATEWAY OVERLAY MASTER PLAN (CONTINUED TO SEPTEMBER 3, 2009) AN ORDINANCE OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING SECTION 508 OF THE MANATEE COUNTY LAND DEVELOPMENT CODE (ORDINANCE 09-01, AS AMENDED) TO ADD A NEW SECTION 508.4.4 GATEWAY OVERLAY MASTER PLAN, TO RENUMBER THE EXISTING SECTION 508.4.4 TO 508.4.5; AMENDING OTHER PROVISIONS AS NECESSARY FOR INTERNAL CONSISTENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Planning Commission recommended APPROVAL. BC20090507DOC009 Public hearing (Notices published) was opened to consider ORDINANCE 09-24 - SIDEWALK AND STREET TREE BONDING (CONTINUED TO MAY 19, 2009) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT; AMENDING SECTIONS 715.3.4 AND 722.3 OF THE MANATEE COUNTY LAND DEVELOPMENT CODE (ORDINANCE 09-01, AS AMENDED) TO AMEND INSTALLATION REQUIREMENTS FOR STREET TREES, SIDEWALKS AND ASSOCIATED PERFORMANCE SECURITY REQUIREMENTS; AND, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. BC20090507DOC010 Public hearing (Notices published) was held to consider ORDINANCE 09-17
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