Planning Commission: 05/14/2020

PDR-04-39(G)(R3) – THE CONCESSION – PLN1910-0042

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, amending Zoning Ordinance No. PDR-04-39(G)(R2) and approving an amended General Development Plan to: a) delete 16 single-family detached villas within phase lV; and b) reallocate the remaining 22 single-family lots on approximately 17.02-acres for a total of the previously approved 255 single-family detached lots located in the PDR/WP-E/ST (Planned Development Residential/Evers Reservoir Watershed Protection/Special Treatment) zoning district; the subject parcel is on the south side of State Road 70 East, and east of Lindrick Lane, Bradenton (Manatee County); subject to stipulations as conditions of approval; setting forth findings; providing for severability; providing a legal description; and providing an effective date.

Planning Commission: 05/14/2020

Board of County Commissioners: 06/04/2020

RECOMMENDED MOTION

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 stipulated herein, I move to recommend ADOPTION of Manatee County Zoning Ordinance Number PDR-04-39(G)(R3); APPROVAL of the General Development Plan with Stipulations 1-45;for a project that previously granted Specific Approval for an alternative to Section 403.12 (formally known as 531.51.E [NCO]) of the Land Development Code, as recommended by staff.

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PROJECT SUMMARY

CASE NUMBER PDR-04-39(G)(R3)

PROJECT NAME The Concession

APPLICANT(S) / AGENT Rachel Layton, AICP/ZNS Engineering, LLC

EXISTING ZONING (PHASE lV) Planned Development Residential (PD-R)

PROPOSED USE(S) Single-Family Residential (Phase lV)

SPECIFIC APPROVAL REQUEST(S) * Previously approved for Land Development Code Section (*) 531.51.E. [NCO] now known as LDC Section 403.12. [NCO]

CASE MANAGER Achaia Brown, Planner l

STAFF RECOMMENDATION APPROVAL

DETAILED DISCUSSION

History

PDR-00-10(Z)(G)- Panther Ridge Westside:

• PDR-00-10(Z)(G) was approved on October 24, 2000 with a General Development Plan for 255 single- family lots, a 19-hole golf course and clubhouse, a 3,000 square feet of commercial building space, and a temporary sales office. • The Board approved a Revised General Development Plan PDR-00-10(G)(R) for 8 additional golf holes (19 to 27). The redesign also increased the number of lots in the southeast portion of the site from 115 to 155. • The Board approved PDR-00-10(G)(R2) an amendment to the General Development Plan to allow 35-foot front yard setbacks in Phases 1 and 2. With that approval, the Board also stipulated that the buffer along University Parkway be enhanced concurrent with the future golf course submittal.

The Board subsequently approved an agreement to allow for the extension of county sewer east of the Sewer Service Area so that this project will no longer be served by septic tanks.

• Stipulation 25 of PDR-00-10(G)(R-2), which reads as follows: A new General Development Plan approval shall be required for the golf course and commercial use. The Developer shall submit a revision to the approved Final Site Plan for Phase III to incorporate an enhanced buffer width and landscaping at the intersection of the roadway shown in Phase III and University Parkway right-of-way.

PDR-04-39(Z)(G)- The Concession (f.k.a. Panther Ridge Westside):

• The Concession (f.k.a Panther Ridge Westside) encompassed the remaining portion of undeveloped land within the Panther Ridge. A General Development Plan (PDR-04-39(Z)(G)) was approved in 2004, for an 18-hole golf course, clubhouse, and maintenance facility, and including 255 residential lots that were previously approved for this project and had not expired. • In 2009, the board approved (PDR-04-39(G)(R)) a revised general development plan to add 16 multi- family residential units in 16 individual buildings amid the golf course, minor revision stipulations 18-20 and 23. Page 3 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

• In 2017, the Board approved (PDR-04-39(G)(R2)) to designate tract 801 (Owned by Concessions) as recreation and allow a private helistop as an accessory use to serve the golf course.

Request

The applicant proposes a reallocation of the remaining 22 single-family residential lots from the previously approved 255 residential lots in the General Development Plan. The sixteen single-family detached villas (multi- family) approved with PDR-04-39(Z)(G) will be removed from the modified General Development Plan and replaced with 22 single family detached lots as Concession Phase IV. To date, only 233 of the 255 approved lots have been either built or under construction. The proposed modification is consistent with the range of potential uses in the AG/R Future Land Use Category. The proposed project has no further entitlements once the 255 units have been developed. Figure 1. illustrates the General Development Plan proposed location for the multi-family residential villas.

The proposed modification of the remainder 22 residential lots in Phase lV The Concession are in the PDR/WP- E/ST (Planned Development Residential/Evers Reservoir Watershed Protection/Special Treatment) zoning district. Phase lV The Concession subject parcel is on the south side of State Road 70 East, and East of Lindrick Lane. The proposal includes 22 single-family detached lots on the Northeast 17-acre tract. Figure 2. illustrates the General Development Plan for phase IV The Concession.

Figure 1. General Development Plan for Multi-Family Residential Villas

1The above site plan shows the previously approved PDR-04-39(G)(R) multi-family residential villas circled in red. The arrow points to the proposed new location of the remaining 22 residential units in The Concession Phase lV.

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Figure 2.: Phase IV The Concession

2The above is the new General Development Plan for The Concession Phase lV.

Staff recommends APPROVAL.

SITE CHARACTERISTICS AND SURROUNDING AREA

ADDRESS Lindrick Lane, Bradenton 34202 (Phase lV)*

General Location South Side of State Road 70 East, And East Of Lindrick Lane

ACREAGE Approximately 17.02 acres of the overall acreage (1,280.7)

EXISTING USE(S) Vacant

FUTURE LAND USE CATEGORY(S) Agricultural Rural (Ag/R)

DENSITY Required Provided (Overall Development) (Phase lV Development) Page 5 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

1,280.7 acres 17.02 acres

Gross Density Gross Density 0.2 dwelling units 1.29 dwelling units

Net Density Net Density 0.23 dwelling units 1.36 dwelling units

Evers Watershed Overlay (WPE)/ OVERLAYS Special Treatment (ST)

SURROUNDING USES AND ZONING

NORTH Single-family residences on 5-acre minimum lots zoned A

SOUTH Single-family residences on 5-acre minimum lots zoned A

Single-family residences on 5-acre minimum lots zoned A and EAST single-family lots on 1-acre minimum lots zoned Planned Development Residential (PDR) Single-family residences on 5-acre minimum lots zoned A and WEST vacant land zoned A

SITE DESIGN DETAILS

Front: 25 feet SETBACKS Rear: 15 feet Side: 10 feet

MINIMUM LOT SIZE(S) / LOT TYPE(S) 10,000 square feet (100-feet x 100-feet)

HEIGHT Maximum 3 stories

Required Provided

Overall Development Overall Development OPEN SPACE 35 percent (1,280.7 Acres) 74 percent (951 Acres)

Subject Parcel Subject Parcel 35 percent (5.96 acres) 40 percent (6.96 acres)

ACCESS Lindrick Lane (one access point on PH lV)

Site lies in Zone X per FIRM Panel 12081C0365E, effective FLOOD ZONE(S) 3/17/2014 Project Located in Flood Prone Area: Yes Type of Flooding (i.e. rainfall, riverine, storm surge, etc): Rainfall Project Subject to flow reduction: Yes, 25 percent reduction in allowable pre-development runoff rate for Braden River Watershed. AREA OF KNOWN FLOODING Project subject to OFW: Yes; 150 percent water quality treatment required for Evers Watershed Protection Overlay (WP-E) Watershed/Basin: Braden River Watershed. Project located within Floodplain and/or Floodway (Present FIRM): The project area is also located partially within 100-year floodplain Page 6 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

delineation as determined by the Braden River Watershed Management Plan (WMP). Drainage Easements/Access Easements required for existing system(s): Existing Drainage Easement recorded (O.R. Book 2327, Page 447).

The following water and wastewater facilities are in the vicinity of this development project: UTILITIES Water: 10-inch private potable water main along Lindrick Lane Sewer: 4 inch-private sanitary force main along Lindrick Lane Reclaimed: Not available

ENVIRONMENTAL INFORMATION

Wetlands Per the Environmental Narrative provided by Cardno, dated October 2019, this 17-acre parcel contains no wetlands. The Narrative states that there is an “other surface waters” feature along the southern parcel boundary. Soil Survey of Manatee County (USDA 1983) shows this area as a perennial stream. A 50 feet perennial stream buffer has been proposed along the southern parcel boundary.

Uplands Per the Environmental Narrative provided by Cardno, dated October 2019, this 17-acre parcel contains 16.0 acres of Pine Flatwoods habitat. This habitat is characterized by a slash and longleaf pine canopy overstory at greater than 60 percent total cover. Occasional trees within the canopy include laurel oak and live oak. The understory is comprised of shrubby species, predominantly saw palmetto, gallberry, and wax myrtle. A variety of grasses and forbs occur within the herbaceous undp0erstory and include flattop goldenrod, wiregrass, gopher apple, and bushy bluestem. The remaining 1.0 acre is comprised of areas used as residential low density and transportation. The applicant is proposing to preserve existing native vegetation within the 30’ Roadway Buffer along SR 70. The applicant is not proposing any additional Upland Preservation Area within Phase IV as the requirements have been met within the whole of Concessions development.

Endangered Species Per the Environmental Narrative provided by Cardno, dated October 2019, no listed species were observed utilizing the site. A 100 percent survey shall be required at time of Final Site Plan.

Trees Tree removal and replacement to be addressed at time of Final Site Plan and shall comply with LDC Section 700. Per the applicant, trees shall be preserved within the 30’ Roadway Buffer along SR 70. Trees within the 50’ Perennial Stream Buffer will be retained unless the County requires clearing for the drainage easement, which will be determined at Final Site Plan.

Landscaping/Buffers Roadway Buffer – SR 70: 30 feet (per PDR-04-39(G)(R3)) Roadway Buffer – Lindrick Ln: 20 feet required; 20 feet provided Greenbelt Buffer – East and Southwest: 15 feet required; 15 feet provided Perennial Stream Buffer to South – 50 feet required; 50 feet provided

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NEARBY DEVELOPMENT

RESIDENTIAL DWELLING DENSITY / SUBDIVISION FLUC ZONING ACRES UNITS / INTENSITY SQUARE FEET Cypress Banks PDMU 5,982 1.47 DRI Del Webb MU-C/R PDR-13-38 643.56 1,300 2.02 Lakewood MU-C/R PDR-15-02 1,389.54 1,999 1.44 National Pomello Park AG-R A Preserve at AG-R PDA-98-01 842.52 257 0.35 Panther Ridge

POSITIVE ASPECTS

• The Concession Phase lV exceeds the minimum open space requirement in the Watershed Overlay. • There are no new wetland impacts proposed.

NEGATIVE ASPECTS

• The existing pinewoods native vegetation will be disrupted.

MITIGATING MEASURES

The applicant proposes to use Comprehensive Plan Policy 2.3.4.2 for developments in the Watershed Overlay that requires a method for impervious surface reduction:

• Clustering the twenty-two single family homes; • Paver driveways; • Preservation of native vegetation within landscape buffers and setbacks; and • Twenty-two-foot-wide roadways instead of twenty-four-foot roadways.

STAFF RECOMMENDED STIPULATIONS

Previously Approved Stipulations in strikethrough/underline format.

1. Wetland buffers shall be provided from all post-development jurisdictional wetlands in accordance with Section 706 of the Land Development Code (LDC), and shall be delineated on the Preliminary and Final Site Plans. The wetland buffer on both sides of Cow Pen slough, between University Parkway and the proposed boulevard roadway crossing, shall be a minimum width of 75 feet. Completed.

2. All proposed structures and improvements within the wetland buffers shall be designed to meet the requirements of Sections 706.7 of the LDC. Additional details demonstrating compliance with this requirement shall be submitted to the Planning Department for review concurrently with the Preliminary and Final Site Plan. Completed.

3. Prior to Preliminary Site Plan approval, the developer shall contact the U.S. Fish and Wildlife Service regarding scrub habitat, and shall conduct additional Scrub Jay Studies if warranted. Additional Upland Preservation may be required as a result of the study. Completed.

4. An integrated Pest Management Plan (IPE) for the application of fertilizers, pesticides, and herbicides for the golf course and landscape common areas shall be submitted to the EMD for review and Page 8 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

approval prior to Final Site Plan approval. Native xeriscape landscape materials shall be utilized in common areas except as approved by the EMD. Completed.

5. Prior to the Preliminary Site Plan approval, the entire site shall be evaluated for potential hazardous material locations (i.e. historical cattle dipping vats, underground/above-ground storage tanks, or buried drums), by a qualified environmental consultant. Should evidence of contamination be discovered, further investigation will be required to determine the level of contamination and appropriate remediation/mitigative measures. Completed.

6. If determined necessary by the Environmental Management Department, prior to Final Site Plan approval, a Wildlife Management Plan for gopher tortoises shall be approved by the U.S. Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission and be submitted to the EMD for review. Completed.

7. All lot owners shall be encouraged to participate in the Florida Yards and Neighborhoods Program. Information shall be provided in the sales office and provided to all lot purchasers.

8. The Homeowner’s Documents shall include a notice to inform homeowners of the presence of neighboring agricultural uses, which may possibly include pesticides and herbicides and may have odors and noises associated with such uses.

9. The Notice to Buyers shall be included in the Declaration of Covenants and Restrictions, and in the sales contract or a separate addendum to the sales contract, and in the Final Site Plan and shall include language informing prospective homeowners that an inter-neighborhood tie for this project shall connect to University Parkway, a future arterial to the south and Dam Road, a future collector to the west.

Prior to Final Plat approval for Phase 3, at least two signs shall be posted in the right- of-way south of this phase informing lot owners that this area will be the future extension of University Parkway, a proposed arterial. These signs may be removed when all lots in Phase III are sold. Completed.

10. For dead end streets and cul-de-sacs that exceed 800 feet, additional hammerheads and eyebrows shall be provided as approved by the Fire District. The location and design shall be approved at time of Final Site Plan submittal. Completed.

11. A 50 foot wide upland landscape buffer shall be provided:

A. Along the western project boundary, northward 1,600 feet from University Parkway. The buffer may be provided on the project side of the existing wetland if necessary. Completed.

B. Along the southern project boundary of the site between Dam Road and Cow Pen Slough. Completed.

Prior to Final Plat approval for the lots adjacent to this buffer, trees shall be planted in the areas within the buffer void of existing trees. Tree coverage shall be at a rate of at least 40 trees (slash pines, oaks, or wax myrtles) per acre of buffer and shall be evenly spaced and randomly distributed throughout the buffer to achieve the look of a natural forest. Existing trees meeting the minimum size requirements may be applied to the tree count. If trees smaller than the minimum requirements listed in Section 701.4 of the Land Development Code are planted, then the smaller trees shall be planted at least two years prior to the platting of the adjacent phase and shall be certified by a Florida Registered Landscape Architect for survivability prior to plat approval. The trees required pursuant to Section 603.7.4.5 shall comply with the standards of Section 701.4. Completed.

12. Prior to the first residential Final Plat approval, 17 feet of right-of-way adjacent to the existing Dam Road, to achieve a 42 foot half right-of-way with the existing 25 feet of right-of-way shown on this site, shall be dedicated to the County. Completed.

13. The temporary sales office shall only be used to market lots and new construction in this development and comply with Section 521.4 of the Land Development Code. Within 60 days of the sale of the final Page 9 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

lot in the project, or if more than 6 months passes without any sales transactions, the temporary sales office shall be removed from the property.

14. Sidewalks shall be provided pursuant to Section 1001.6.A of the LDC.

15. A 75-foot wide tree conservation easement, inclusive of the wetland buffer, shall be designated along the northern property boundary adjacent to the Cow Pen slough from Lots 1 to 41, inclusive, prior to Final Plat approval for these lots. The easement shall be acceptable to the county attorney’s office. Completed.

16. Access to the commercial parcel and temporary sales office shall be as approved by Manatee County and the Florida Department of Transportation. If access to the commercial parcel is on Dam Road, then Dam Road shall be constructed to county standards from State Road 70 to the driveway access of the commercial parcel prior to the first C.O. for the commercial parcel.

17. The boundaries of the wetland buffers shall be marked with signs (up to 2 per lot) indicating that this is a wetland protection area. Such signage shall be approved by the Building and Development Services Department with Final Site Plan approval. There shall also be a Notice to Buyers indicating that these lots have a wetland and buffer area on them, with a reference to the recorded conservation easement. Completed.

18. A maximum of 136 113 lots have been constructed may be between one-half and one acre in area. A maximum of 123 lots have been developed All other lots shall be at least one acre in area. In accordance with Section 330.2 of the Land Development Code, adjoining individual platted lots may be combined to form a single lot for density calculations and one single-family residence. Upon Final Site Plan approval for the multi-family villas22 single family detached lots, the applicant may construct one multi-family villaresidential lot per every two lots which have been combined pursuant to Section 330.2 of the LDC, up to a maximum to of 16 multi-family villas22 single family detached lots on the 17 acre tract under one half acre in size.

19. Prior to Final Subdivision Plat approval, the Developer shall delineate the open space areas which are to be conveyed to the Homeowner’s Association after project build- out. Prior to Final Subdivision Plat approval, the Developer shall record a deed restriction, stating “The Developer and its successors in interest are prohibited from seeking approvals for more than 22 single family dwelling units in the watershed district in the future to change the use of the post development watershed area, provided however, the post development watershed area may be utilized for open space, stormwater management, golf course, or other recreational or conservation purposes”. Completed.

20. Lots adjacent to Cow Pen Slough shall not be platted beyond the top of the bank. These lots shall also not be platted into wetlands or wetland buffers when adjacent to Cow Pen Slough. Completed.

21. The boulevard roadway from 207th Street East to the first cul-de-sac east of the Cow Pen Slough shall be designed as two roadway sections with a 22-foot wide median. Completed.

22. The minimum right-of-way width for all streets within the project shall be 84 feet, except for right-of- way within Phase IV, which shall be a minimum of 40 feet in width.

23. The phasing boundaries shall be as shown on the General Development Plan.

24. A new General Development Plan approval shall be required for the commercial use.

25 24 The developer shall cooperate with Manatee County to accommodate any required SWFWMD wetland mitigation for wetland impacts within the University Parkway alignment in the southeast quadrant of the project adjacent to Phase III. Completed.

26 25. Removal of all exotic nuisance plant species from the golf course site shall be completed prior to the issuance of the first Certificate of Occupancy or Final Subdivision Plat approval for the golf course and related facilities. In accordance with Section 701.4 of the LDC, existing plant communities designated to remain must be intact and undisturbed; noxious and exotic plants must be removed. Completed. Page 10 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

27 26. This golf course site shall be evaluated for the presence of listed species prior to Final Site Plan approval for the entire site. Completed.

28 27. No ground disturbing activities or vehicle travel shall occur within the drip line of the existing trees that will be preserved. Tree protection barriers shall consist of chain link fence or other material as approved by the Planning Department (minimum 5’ height) and will be located at the tree drip line.

29 28. The developer shall require retention of all trees 4-inch d.b.h or greater as defined by the Land Development Code located within twenty-five (25) feet of the rear lot lines of platted lots; provided, however, that trees from such area may be relocated to another location on the lot or may be removed if replacement trees are planted in another location on the lot or equal total caliper to the total caliper of the trees removed. If trees are to be relocated on-site, the County shall be notified. Completed in Phase I, II, and III. Tree replacement for Phase IV shall be in accordance with Land Development Code regulations.

30 29. All applicable state or federal permits shall be obtained before commencement of the development of the private helistop.

New Proposed Stipulations for Phase lV.

DESIGN AND LAND USE

30. All other applicable local, state or federal permits shall be obtained prior to commencement of construction.

31. All roof mounted mechanical equipment (e.g., HVAC) shall be screened with a solid parapet wall or other visual and noise deflecting materials. The materials shall be consistent with the construction of the principal building(s). Compliance shall be verified with review of the building permit.

32. All dumpsters, compactors, and other utility equipment shall be screened with a six-foot-high wall constructed with building materials consistent with the principal building(s). Compliance shall be verified with review of the building permit.

33. Final Site Plan (FSP) review and approval is required for recreational area(s) and any proposed amenities. Any structures and/or uses shall comply with the LDC requirements for parking, screening buffer (recreational use to single family), structure height, signage, etc. Recreation Area structure(s) shall have a minimum setback of 20-feet from property lines.

ENVIRONMENTAL

34. There are no impacts to jurisdictional wetlands or wetland buffers being approved by the adoption of this Ordinance.

35. No lots shall be platted through post-development wetlands, wetland buffers or upland preservation areas. Before Final Site Plan approval, lots will need to be drawn so they do not encroach into the wetlands, wetland buffers, or upland preservation areas including tree preservation areas.

36. The developer shall provide an updated study, consistent with Policy 3.3.2.1 of the Comprehensive Plan, for threatened and endangered plant and animal species prior to Final Site Plan approval. The Management Plan, and correspondence and permits, approved by the State (Florida Fish and Wildlife Conservation Commission) shall be submitted prior to the commencement of development for any listed species found on site. Evaluation of the proposed development site shall contain dates of field review, name and qualifications of individual(s) conducting the field review – including authorized Gopher Tortoise Agents, a statement of the methodology used to conduct the habitat assessment and biological survey, a map indicating where listed species (or nests or burrows) were observed on the site, a list of all species observed on site, and a habitat management plan Page 11 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

describing measures proposed by the applicant to ensure non-disturbance, relocation or other acceptable mitigative measures.

37. If wells are encountered, a Well Management Plan for the proper protection and abandonment of existing wells shall be submitted to the County for review and approval prior to Final Site Plan approval. The Well Management Plan shall include the following information:

• Digital photographs of the well along with nearby reference structures (if existing). • GPS coordinates (latitude/longitude) of the well. • The methodology used to secure the well during construction (e.g. fence, tape). • The final disposition of the well - used, capped, or plugged.

38. Irrigation for landscaping shall use the lowest water quality source available, which shall be identified on the Final Site Plan. Use of Manatee County public potable water supply shall be prohibited. Comprehensive Plan Policy 3.2.1.8 prohibits the use of treated effluent within the WO Overlay District.

39. Street Trees:

• Canopy trees within 10’ of a public sidewalk shall meet Manatee County Public Works Standard Section 301.1, and Exhibit 301.1, entitled “Sidewalk Location Close to Trees”. All sidewalks in the Right of Way within 10’ of an existing or proposed tree that will exceed 6” in diameter at maturity shall be 5” thick and contain 2-#3 rebar entered vertically and spaced 3’ on center. Palms are not considered trees.

• If within ten (10’) ft. of the tree trunk, potable water service line shall have 48 inches of cover from top of pipe from the meter to the home connection; or, as an alternative, the water line may be installed at 18 inches with a polyethylene service pipe conforming with AWWA C-901.

• Where within ten (10’) ft. of the tree trunk, irrigation service lines from the street shall have 48 inches of cover from top of pipe to the valve, or as an alternative, the irrigation line may be installed at 18 inches with a polyethylene service pipe conforming with AWWA C-901. Irrigation valve shall be located as far as possible from the regulated street tree location to minimize impacts to this infrastructure.

STORMWATER

40. Pursuant to Section 801 and 802 of the Land Development Code and Code of Federal Regulations (CFR), Title 44, Section 60.3, the Construction Plan and associated Drainage Modeling shall demonstrate that no adverse impacts will be created to neighboring properties surrounding the site with respect to proposed impacts to the 100-year floodplain delineation and post-development discharge of runoff. Drainage Modeling incorporating data from the Braden River Watershed Management Plan (WMP) shall be submitted to demonstrate compliance prior to commencement of construction.

41. The Engineer of Record (EOR) shall submit drainage modeling to demonstrate the allowable pre- development rate of discharge has been reduced by twenty-five (25) percent for Braden River Watershed.

42. Any fill within the 100-year floodplain associated with Braden River Watershed shall be compensated by the creation of an equal or greater storage volume above seasonal high-water table. 100-year floodplain compensation shall be compensated in sole use compensation areas, not dual use facilities (i.e., stormwater attenuation and floodplain compensation). Alternatively, the applicant can utilize drainage modeling (submitted for review to the Public Works Department with the Construction Plan submittal) to demonstrate no adverse drainage impacts for the mean annual, 10-year, 25-year, and 100-year design storm events to a no-rise condition using the Braden River Page 12 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

Watershed Management Plan.

43. 150% water quality treatment is required for Evers Watershed Protection Overlay (WP-E).

44. Ten (10) feet separation shall be provided between accessory structures (i.e., Heat Pumps, A/C Handlers, pool pumps, etc.) along the side yards of properties with a side yard setback of less than 7.5 feet.

INFRASTRUCTURE

45. Connection to the County water and wastewater system is required pursuant to the Manatee County Comprehensive Plan. The cost of connection, including the design, permitting and construction of off-site extensions of lines, shall be the responsibility of the Applicant. Such off-site extension shall be designed and constructed in accordance with the applicable County Master Plan. The connection shall be designed, engineered and permitted by the Applicant consistent with Manatee County Public Works Standards and approved by County Engineer through the construction plans review process for the project.

REMAINING ISSUES OF CONCERN – NOT RESOLVED OR STIPULATED

No remaining issues.

COMPLIANCE WITH LAND DEVELOPMENT CODE STANDARDS Compliance Standard(s) Required Design Proposal Comments Yes No BUFFERS Roadway Buffers State Road 70 East: 20- 30-feet X Exceeds LDC standard. feet Roadway Buffers 20-feet X Meets LDC standard. Lindrick Lane: 20-feet Perimeter Buffer 15-feet X Meets LDC standard. East Greenbelt: 15-feet Perimeter Buffer 15-feet X Meets LDC standard. West Greenbelt: 15-feet 15-feet X Wetland Buffer 50-feet X Meets LDC standard. Page 13 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

Perennial Stream Buffer: 50-feet SIDEWALKS X Sidewalk Proposed 5-foot sidewalk Meets LDC standard.

DRIVEWAYS, ROADS AND RIGHTS-OF-WAY Meets standard (streets to be 40’ Internal Right-of Way Shown Y private)

22’ paved roadways Shown Y Meets standard

COMPLIANCE WITH THE LAND DEVELOPMENT CODE

LDC SECTION 402.6 - GENERAL DESIGN REQUIREMENTS FOR ALL PLANNED DEVELOPMENT SITE PLANS LDC SECTION 402.7 – PLANNED DEVELOPMENT RESIDENTIAL The following represents an analysis of how the application achieves compliance with LDC Sections 402.6 and 402.7.D.. The criteria listed below were used to evaluate each specific request for rezoning to ensure compliance with the Comprehensive Plan and to establish stipulations to be adopted for Planned Development districts.

LDC SECTION 402.6 – GENERAL REQUIREMENTS FOR ALL PLANNED DEVELOPMENT SITE PLANS

A. Physical Characteristics of the Site; Relation to Surrounding Property. Analysis: Staff sees no apparent hazards to persons or property in relation to erosion, subsidence, slipping of the soil, flood hazards or other dangers. There is no destruction of wetlands proposed for this Phase lV of Concession. The project was approved for 255 residential homes and the 22 single family detached lots remaining will not have adverse effects on the surrounding areas.

B. Relation to Public Utilities, Facilities and Services. Analysis: Private water and sewer lines are adjacent to property and were designed to support Concessions 255 dwelling units. The site is located in an area of the County where municipal services, utilities, and schools are existing.

C. Relation to Major Transportation Facilities. Analysis: The proposal is to construct the remaining 22 residential units; the development should not disrupt current traffic patterns in the area. Staff sees no excessive traffic being created from providing access to and from Lindrick Lane in Concessions on to State Road 70 East, a Rural Principal Arterial.

D. Compatibility. Analysis: Since, the property is adjacent to a major roadway the site is planned with perimeter buffers so as to minimize the negative effects of external impacts such as traffic, noise, and lights. A thirty-foot buffer is along State Road 70 East. A twenty-foot buffer is proposed along Lindrick Lane. Fifteen-foot greenbelt buffers are proposed to the south and east property lines, as well as to the western stormwater pond. Fifty- foot buffer setback to the south of the property from the perennial stream. The site design, height limitations, and conformity will be in accordance with the Land Development Code.

E. Transitions. Analysis: The Preserve at Panther Ridge and The Concession were planned developments that vacated the original 1926 Pomello Park’s plat, and since then the tabular chart below the trends demonstrates higher density residential uses in the area. The area provides a variety of housing stock, consistent with the Comprehensive Plan development for strong communities.

SUBDIVISION FLUM ZONING ACREAGE DWELLING UNITS DENSITY Cypress Banks DRI PDMU 5,982 1.47 Page 14 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

Del Webb MU-C/R PDR-13-38 643.56 1,300 2.02 Lakewood National MU-C/R PDR-15-02 1,389.54 1,999 1.44 Pomello Park* AG-R A Preserve at Panther AG-R PDA-98-01 842.52 257 0.35 Ridge

F. Design Quality. Analysis: Evers Watershed Overlay (WPE) requires a minimum of 35 percent open space. The General Development Plan for Phase lV has 40 percent of open space approximately 6.96 acres provided exceeding the watershed minimum requirement.

G. Relationship to Adjacent Property. Analysis: The site plan as proposed is designed to adequately protect existing or probable future uses of surrounding land with landscape buffers. To the north of the site is State Road 70 East and single-family residential dwellings on large lots. To the east of the site are single family residential dwellings on large lots, and Panther Ridge, a residential subdivision. To the south is property within the jurisdiction of Sarasota County. The proposed buffers provide protection of existing and proposed uses adjacent to the project site.

H. Access: Analysis: The proposed subdivision will connect to Lindrick Lane with one full access point. The development will be accessed from State Road 70 East. The site plan proposal includes a gate entrance into the subdivision from Lindrick Lane.

I. Streets, Drives, Parking and Service Areas. Analysis: At this time, no logical connection for an inter-neighborhood tie exists. All other streets and utilities will be designed to meet the requirements of the Land Development Code administered by Manatee County.

J. Pedestrian Systems. Analysis: Pedestrian entree will be provided by sidewalks separated from vehicular access points. Pedestrians connections within the development pertaining to walkways and vehicular traffic will be evaluated to ensure safety in The Concessions. Sidewalks are noted on the revised General Development Plan.

K. Natural and Historic Features, Conservation and Preservation Areas. Analysis: The applicant is not proposing to conserve nor preserve in any areas within the 17-acre tract. The project as a whole shows the conservation areas is being provided throughout the entire Concession development.

L. Density/Intensity. Analysis: Phase lV Concessions proposal lots are proposed at 10,000 square feet, smaller than the allowed five-acre lots in the Agricultural Rural (AG-R) future land use category; however, coupled with the overall Concession development the gross density will meet the intent of the Comprehensive Plan Future Land Use Category Agriculture Rural (AG/R).

M. Height. Analysis: The proposed residential buildings shall not exceed three stories in height in compliance with the Manatee County Land Development Code.

N. Fences and Screening. Analysis: A minimum twenty-foot buffer is planned along the east of Lindrick Lane. A thirty-foot roadway buffer is proposed along State Road 70 East is provided.

O. Yards and Setbacks. Analysis: The table below exhibits the proposed setbacks for the remainder 22 residential single-family detached units for The Concessions. The setbacks provided meets the General Development Plan minimum requirements listed in the Land Development Code. Page 15 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

SITE DESIGN DETAILS

Front: 25 feet SETBACKS Rear: 10 feet Side: 15 feet

P. Trash and Utility Plant Screens. Analysis: Solid Waste will be by individual container pick-up. All storage containers shall be screened so as not to be visible from the public view.

Q. Signs. Analysis: Signage will be provided at the entrance of the development. All signage, including any directional and informational signs will be in accordance with the County’s Land Development Code.

R. Landscaping. Analysis: A landscape plan will be evaluated during the preliminary/final site plan process meeting the standards in Section 701 Landscaping and Screening of the Land Development Code (LDC). The applicant proposes to either meet or exceed the expectations of the LDC.

S. Special Guidelines for Review of Projects with Mixed Used Plan Designations and Projects at Designated Entranceways. Analysis: The site is not located in the Mixed-Use Future Land Use Designation or within a Designated Entranceway.

T. Environmental Factors. Water Conservation. Analysis: Creative site development concepts for water conservation will be provided as a part of Final Site Plan construction drawings. The site will retain stormwater runoff on site.

Minimum Open Space Requirements. Analysis: The General Development Plan for Phase lV Concessions provides 40 percent of open space approximately 6.96 acres is exceeding the watershed minimum requirement of 35 percent open space.

Preservation of Existing Plant Communities. Analysis: The applicant is proposing to preserve existing native vegetation within the 30’ Roadway Buffer along SR 70. The applicant is not proposing any additional Upland Preservation Area within Phase IV as the requirements have been met within the whole of Concessions development.

U. Rights-of-Way and Utility Standards. Analysis: The site plan shows a 30 x 40 reservation on the northwest corner of the parcel for State Road 70 East road expansion. All rights-of-way and utility improvements shall adhere to the requirements of the Manatee County administrative procedures.

V. Stormwater Management. Analysis: The project site is within the Watershed Overlay and the applicant is using suggested measures to reduce as much impervious as possible in the overlay by installing pavers in driveways and parking areas instead of concrete. In addition, reducing the roadway from 24 to 22 feet.

W. Consistency with Comprehensive Plan. Analysis: Residential development of the site will be designed to be in character with the surrounding developments and will provide a mixture of housing types within the area. The Future Land Use Map designation is AG-R. The gross residential density is proposed at 0.2 dwelling units per acre.

X. Other Factors. Analysis: None.

Page 16 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

LDC SECTION 402.7.D. – PDR – PLANNED DEVELOPMENT RESIDENTIAL

A. Site Planning. Analysis: The modified General Development Plan proposal is to complete the remaining previously approved residential units. A thirty-foot roadway buffer adjacent to State Road 70 East is planned. The design also includes a twenty-foot buffer abutting Lindrick Lane. The subdivision will be served by necessary utilities and services, in a location compatible with adjacent and surrounding land uses, and in accord with the goals, objectives, and policies of the Comprehensive Plan

B. Landscaped Open Space and Pervious Area Requirements. Analysis: The modified General Development Plan includes thirty-seven percent open space for Phase IV, exceeding the forty percent open space requirement. The stormwater ponds are 1.72 acres of the site or twenty-nine percent of the required open space.

C. Frontage and Accessibility. Analysis: The modified General Development Plan provides vehicular access to internal streets for each dwelling unit. The project access is on Lindrick Lane. The project may be gated with private roads. Adequate emergency vehicular access is provided to every dwelling unit.

D. Neighborhoods. Analysis: In the Phase lV Concession includes a passive area for recreation around the lake and may included benches.

E. Greenbelts. Analysis: The modified General Development Plan provides fifteen-foot greenbelt buffers to the eastern and southern property lines.

F. Traffic Circulation. Analysis: There is no logical connection point for an inter-neighborhood tie to the single family five-acre lots zoned A (Agricultural) to the east of the subject property.

G. Yards and Setbacks. Analysis: The modified General Development Plan proposes setbacks for Phase IV and maintains the setbacks for Phase I through III. Phase IV proposes a 25’ front yard setback for front loaded garages and 20’ front yard setback for side loaded garages. This will allow for the house to be set at 20’ with a 25’ setback for the garage. The side yard setback is proposed at 10’. The rear yard setback is proposed at 15’.

H. Minimum Lot Width. Analysis: The minimum lot width is proposed at 100’. The minimum lot size is 10,000 square feet.

I. Building Height. Analysis: The single family detached dwelling units are proposed to not exceed three stories in height. However, PDR (Planned Development Residential) does allow up to three stories in height.

COMPLIANCE WITH COMPREHENSIVE PLAN

The site is in the Ag/R (Agriculture/Rural) and Watershed Overlay District Future Land Use Categories. This project was specifically reviewed for compliance with the following objectives and policies:

Policy 2.1.2.2. Limit urban sprawl by prohibiting all future development in the area east of the established Future Development Area Boundary (FDAB). Analysis: The subject property is located east of the Future Development Area Boundary in an area with residential development. Page 17 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

Policy 2.1.2.3. Permit the consideration of new residential and nonresidential development with characteristics compatible with existing development, in areas which are internal to, or are contiguous expansions of existing development, and compatible with future areas of development. Analysis: The subject property is proposed for new residential development that will be designed with characteristics compatible with the existing development in the surrounding area. There are numerous residential subdivisions in proximity of the subject parcel.

Policy 2.1.2.4. Limit urban sprawl through consideration of new and redevelopment when deemed compatible with existing and future development, in areas which are internal to, or are contiguous expansions of the built environment. Analysis: The area surrounding the property has primarily been developed with single-family detached residential subdivisions. This area is transitioning from larger lot residential tracts to residential subdivisions.

Policy 2.1.2.5 - Permit the consideration of new residential and non-residential development in areas which are currently undeveloped, which are suitable for new residential or non-residential uses. Analysis: The subject property is located on the south side of State Road 70 East and the east side of Lindrick Lane. There is an established road network and schools located in proximity of the site. Water is available in the right-of- way of Lindrick Lane. A gravity sewer line exists in the right-of-way of Lindrick Lane. The Modified General Development Plan will allow for appropriate development of this area.

Policy 2.1.2.6 - Limit urban sprawl through the consideration of new development, when deemed compatible with future growth, in areas which are currently undeveloped yet suitable for improvements. Analysis: The subject site is located along State Road 70 East within an area developed for single family detached residences. The site is suitable for development. The proposed General Development Plan is the appropriate implementation of planned development residential to promote Policy 2.9.1.2 for a variety of housing in the area.

Policy 2.1.2.7. Review all proposed development for compatibility and appropriate timing of development. Analysis: Approval of the modified General Development Plan will allow for the modification of the previous approval and reallocate the remaining residential units to the 17-acre tract at the southeast corner of State Road 70 East and Lindrick Lane. The site is east of the Future Development Area Boundary, has access to private water and sewer lines, and is not considered Urban Sprawl. The requested modified General Development Plan is appropriate within the Planned Development Residential zoning district.

Policy 2.2.1.8.1. Intent: To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which have a long term agricultural or rural residential character primarily located east of the "Future Development Area Boundary" (FDAB). Refer to the Potable Water/Wastewater Service Areas Map in the Water & Wastewater Element. Analysis: The proposed residential development and modified General Development Plan are consistent with the intent of the AG/R Future Land Use Category. The approval of the request will allow for residential development in an area where significant investment in infrastructure is occurring.

Policy 2.2.1.8.2. Range of Potential Uses (see Policies 2.1.2.3—2.1.2.7, 2.2.1.5, and Obj. 9.2.4): Agriculture, agriculturally-compatible low density residential uses, mining and mining-related uses, support neighborhood commercial, public/semi-public, recreation and school uses (see Objectives 4.2.1, 2.10.3 and 2.10.4). Analysis: The sixteen single-family detached villas (multi-family) PDR-04-39(Z)(G) will be removed from the modified General Development Plan and replaced with 22 single family detached lots as Phase IV in The Concession. The project has platted and restricted Phases I through III to 233 single family residential lots. The proposed modification is consistent with the range of potential uses in the AG/R FLUC.

Objective 2.2.2 – Future Land Use Overlay District – Watershed Overlay

Policy 2.2.2.2.2. Purpose: To maintain and improve the natural and man-made environment and resources in a manner protective of the water supply functions of the Lake Manatee, Evers Reservoir, and Peace River watersheds, which contribute to these preferred potable water sources, so as to maintain water quality and quantity within Lake Manatee, Evers Reservoir, Peace River and all inflowing watercourses. Analysis: The overall open space for the total project will consist of 951 acres, or 74 percent of the project. The 17- acre tract is proposed to have 6.96 acres about 40 percent open space, exceeding the required 35 percent. Page 18 of 18 – PDR-04-39(G)(R3)– The Concession– PLN1910-0042

Objective 2.6.1 Compatibility through Screening, Buffering, Setbacks, and Other Mitigative Measures. Analysis: Again, a thirty-foot buffer is planned along State Road 70 East. A twenty-foot buffer is proposed along Lindrick Lane. Fifteen-foot greenbelt buffers are proposed to the south and east property lines, as well as to the western stormwater pond. Fifty-foot buffer setback to the south of the property from the perennial stream. The northern portion of the Concession is in the watershed overlay and measures are taken to reduce the impervious surfaces by installing paver driveways and cluster design. The site design, height limitations, and conformity will be in accordance with the Land Development Code.

TRANSPORTATION

Major Transportation Facilities

The site is located south of SR 70 and east of Lindrick Lane. SR 70 is an existing two-lane roadway with a posted speed of 55 mph. SR 70 is a State-maintained thoroughfare facility in the Future Traffic Circulation Plan. SR 70 is planned as a four-lane thoroughfare with a right of way width determined by Florida Department of Transportation.

Transportation Concurrency

The applicant is seeking a proposed General Development Plan (GDP) approval at this time and a “Deferral and Acknowledgment of Eventual Requirement for Concurrency”, and thus, cannot obtain approval of any concurrency component until the Preliminary Site Plan (PSP)/Final Site Plan (FSP) review stage(s) of the project. At that time the impacts of the proposed uses will be evaluated to determine if concurrency-related improvements are required (see Certificate of Level of Service Compliance table below).

Access

At the time of future site plan submittal and accompanying traffic analysis review, all proposed access points will be evaluated to determine if any site-related improvements will be required for the site.

CERTIFICATE OF LEVEL OF SERVICE (CLOS) COMPLIANCE TRANSPORTATION CONCURRENCY

CLOS APPLIED FOR: No (A Deferral and Acknowledgment of Eventual Requirement for Concurrency has been filed) TRAFFIC STUDY REQUIRED: No FUTURE LOS NEAREST THOROUGHFARE LINK(S) ADOPTED LOS (W/PROJECT) State Road 70 East 3138 C C

OTHER CONCURRENCY COMPONENTS Solid waste landfill capacity and preliminary drainage intent will be reviewed at the time of application for concurrency. Potable water, wastewater, and school facilities will be reviewed at the time of FSP. SPECIFIC APPROVALS – ANALYSES, RECOMMENDATIONS, FINDINGS No specific approvals are being requested. Attachments 1. Staff Report Maps/Aerials 2. General Development Plan 3. Ordinance No. PDR-04-39(G)(R2) 4. Environmental Narrative 5. Newspaper Advertising