Board of County Commissioners Land Use
12/15/2022 9:00:00 AM


A. CALL TO ORDER

B. INVOCATION (The Commission does not endorse the religious beliefs of any speaker.)

Pastor Ralph Hoehne, The Source Church

C. PLEDGE OF ALLEGIANCE

D. ANNOUNCEMENTS

Updates to Agenda
Items for Time Certain - 9:05 a.m., Time Certain - Port Authority Agenda and 1:30 p.m., Time Certain - Mediated Settlement Agreement of Special Magistrate Clifford Sheppard re: Resolution R-22-094

E. REQUESTS BY COMMISSIONERS (Items to be pulled from Consent Agenda)

F. CITIZEN COMMENTS (Consideration for Future Agenda Items - 30 Minute Time Limit)

G. CITIZEN COMMENTS (Consent Agenda Items Only)

H. CONSENT AGENDA

Clerk of Circuit Court

1. Approval of the Clerk's Consent Agenda dated December 15, 2022.

Attorney

2. Engagement of GreyRobinson, P.A. as Outside Counsel in litigation against Save Gates Creek and its Neighborhoods, Inc., represented by Jay D. O’Sullivan of Quintairos, Prieto, Wood & Boyer, P.A.

Development Services

3. Revision to the 2023 Board of County Commissioners Meeting Schedule
4. Approval and Execution of Land Use Restriction Agreements (LURAs) Between Manatee County and Oneco 51 Senior Apartments, LTD for the project known as "Saviy at 301", and Oneco 51 Family Apartments, LTD. for the project known as "301 Flats"; 572-Unit Affordable Housing Development Projects (District 2)
5. Approval and Execution of Subordination Agreements for Oneco 51 Senior Apartments, LTD. the "Savoy at 301", and Oneco 51 Family Apartments, LTD. "301 Flats", Affordable Housing Development Projects. (District 2)
34. Adoption of Resolution No. R-22-226; Budgeting and Appropriating legally available funds for Gap Loan to HTG Riverview6, LTD.; Approving and Authorizing Loan documents consistent with Board approved Loan Term Letter, dated September 22, 2022.
6. Approval and Execution of Gap Loan Agreements between Manatee County and HTG Riverview6, LTD., for Riverview6 (the Project), an 80-unit mixed-use affordable Housing development located at or about 601 9th Street West, Bradenton FL 34205 in in the amount of $1,400,000. (District 3).
7. Approval and Execution of Amended Promissory Note Documents for Gap Funding Assistance for Oneco 51 Senior Apartments, LTD. (The Savoy at 301), and Oneco 51 Family Apartments, LTD. (301 Flats), Affordable Housing Development Projects. (District 2)
8. Approval of Final Plat and Associated Documents for Cresswind Phase IV

Financial Management

9. Adoption of Budget Amendment Resolution B-23-040
10. Execution of Change Order No. 2 to Agreement No. 21-TA003710JE for Manatee County Piney Point Deep Injection Well Project

Public Works

11. Execution of a Reimbursement Agreement with Meritage Homes of Florida, Inc., for Transportation Improvements; Adoption of Budget Resolution B-23-038 – District 1
12. Execution of Reimbursement and Impact Fee Credit Agreement with Meritage Homes of Florida, Inc. for Utility Improvements; Adoption of Budget Resolution B-23-039 – District 1

Utilities

13. Landfill Tipping Fee Waiver for Manatee County Fair 2023

I. APPROVAL OF CONSENT AGENDA

J. ITEMS REMOVED FROM THE CONSENT AGENDA

K. PORT AUTHORITY

Port Authority Meeting

L. ADVERTISED PUBLIC HEARINGS (Presentations Upon Request)

Development Services

14. PDMU-11-13(G)(R2) – Cross Creek GDP Amendment – PLN2209-0093 - Quasi-Judicial - Ross Einsteder, Planner I (District 1) Amending and restating Zoning Ordinance No. PDMU-11-13(G)(R) to revise the General Development Plan to change the side yard setback for single-family semi-detached units from 0 feet/7.5 feet to 0 feet/5 feet and the rear yard setback for all single-family units from 15 feet to 10 feet for a previously approved development that includes a total of 1,426 residential units (single-family detached, single-family semi-detached, single-family attached, and multi-family units) on a total of approximately 671± acres zoned PDMU (Planned Development Mixed Use), located on the east side of Ft. Hamer Road, south side of Golf Course Road, and north of Mulholland Road, Parrish.
15. LDCT-22-18/Ordinance 22-80 County Initiated Land Development Code Text Amendment Accessory Kitchen PLN2206-0135 - Legislative - Charles Andrews, CNU-A, AICP, Principal Planner Amend the Manatee County Land Development Code, Chapter 2, Section 200 Definitions by adding the definition of “Kitchen, Accessory” and by modifying the definitions of “Dwelling, Single Family Detached” to remove limitation of one kitchen per single family detached dwelling unit and add the allowance of an accessory kitchen.
16. LDCT-22-20/Ordinance 22-91 County Initiated Land Development Code Text Amendment Car Washes PLN2208-0015 - Legislative - Bill O'Shea, Principal Planner Amend the Manatee County Land Development Code Chapter 2, Section 200 Definitions by updating the definition of car wash; amending Chapter 5 - Standards for Accessory and Specific Uses and Structures, Part IV Standards for Specific Uses, Section 531.10 Car Wash to include stacking space standards, to add the prohibition of car wash pay station from being located in any required yard and to add a standard that a structure covering the pay station/kiosk shall not extend more than three feet over any required yard and to add the reference 531.16 Drive Through Establishments to identify additional standards; amending Chapter 10 Transportation Management, Section 1000 Right of Way Standards, Section 1005.3 Number of Vehicular Parking Spaces Required, Table 10-2 Parking Ratios to remove the stacking spaces/wash bay requirement for car washes and remove self-service and incidental car wash from Table 10-2 and update full service car wash notes in Table 10-2 with a new Number 20 and added to the table notes.
17. PA-22-18/Ordinance 22-102 Capital Improvements Element – Annual Update PLN2209-0017 - Legislative - Elaine Barker, Impact Fee Coordinator Amendment of the Capital Improvements Element (CIE) set forth in the County’s Comprehensive Plan; providing for an intent and purpose; updating the Schedule of Capital Improvements Projects (Table 10-1), General Government and Enterprise Operations – Funding, Revenue Sources & Amounts (Table 10-2), Five Year Schedule of Capital Improvements - Expenditure Summary (Table 10-3), Summary of Revenues Expenditures for Capital Projects (Table 10-4), and Capital Projects Fund - Potential Revenue Sources (Table 10-5) applicable to fiscal years 2023-2027 and updating Locational Capital Improvement Maps, and updating Policy 10.2.1.3 to amend the adoption date of the Educational Facilities Work Plan by the School Board.
18. LDCT-22-21/Ordinance 22-103 County Initiated Land Development Code Text Amendment Publication Of Legal Notice PLN2209-0019 - Legislative - Nicole Knapp, Comprehensive Planning Manager Amending the Manatee County Land Development Code by amending Chapter 3, Review Authority and Procedures, Section 312.7, Notice of Public Hearings, confirming the standards of notice types, revising the requirements for published notices in a newspaper whereby allowing publication of legal notices on a governmental agency website, and providing clarity regarding additional signage required.
19. Z-22-01–MB Builders, Inc Rezone-MB Builders Inc (Owners) - PLN2112-0093 - Quasi-Judicial - Kevin Oatman, Planner I (District 4) A rezone of approximately 2.7 acres from PD-R (Planned Development-Residential) to PR-M (Professional Office-Medium) zoning district located on the south side of 39th Street E, approximately 900 feet south of the intersection of 53rd Avenue E (SR70) and 39th Street E., Bradenton.
20. Z-22-04–Jeffers Rezone-Jeffers Pamela J (Owner) - PLN2204-0026 - Quasi-Judicial - Kevin Oatman, Planner I (District 2) A rezone of approximately 23.62 acres from PD-R (Planned Development-Residential) to the A-1 (Agricultural Suburban) zoning district located approximately a half a mile west of US HWY 41, at the intersection of 33rd Street West and 8th Avenue West and commonly known as 720 33rd Street West, Palmetto.
21. Plan Amendment PA-22-08 / Ordinance 22-57 County-Initiated 10-year Water Supply Facilities Work Plan and Wastewater Treatment Capacities and Certificate of Level of Service PLN2205-0052 - Legislative - Kathleen Thompson, AICP, Principal Planner A County-Initiated Text Amendment to amend Element 9, Public Facilities Public Facilities/Wastewater Treatment and Water Supply Sub-Elements to: (a) maintain consistency with the Florida Statutes and (b) update the reference to the Manatee County Water Supply Facilities Work Plan for consistency with the Regional Water Supply Plan as required by the Florida Statutes; specifically amending: Objective 9.1.1 Level of Service deleting Policy 9.1.1.1, amending Policy 9.1.3.1 to ensure level of service standards are met; deleting Policy 9.1.3.3 ; and amending Policy 9.5.3.1 to update the approval date of the Manatee County Water Supply Facilities Work Plan and Policy 9.5.3.5.
22. Ordinance No 22-97 County Initiated Code of Ordinances Text Amendment Article 1 Of Chapter 2-6 – Buildings And Building Regulations – Appendix “Q” – Tiny Houses On Foundations - Legislative - Bill O'Shea, Principal Planner Amending Article I of Chapter 2-6 of the Manatee County Code of Ordinances, buildings and building regulations of unincorporated Manatee County, adopting Florida Building Code – Residential, Appendix “Q” – Tiny Houses on a foundation.
23. LDCT-23-02/Ordinance 23-05 County Initiated Land Development Code Text Amendment Speculative Homes PLN2210-0047 - Legislative - Bill O'Shea, Principal Planner Amending the Land Development Code by adding the definition of Speculative Home (Spec Home) to Chapter 2, Section 200, Definitions; and by adding a section to Chapter 5 Standards for Accessory and Specific Uses and Structures, Part IV. – Standards for Specific Uses, Section 531.63, Speculative Home to add standards for speculative homes.

Public Works

M. ADVERTISED PUBLIC HEARINGS (Presentation Scheduled)

Attorney

24. 1:30 PM Time Certain Mediated Settlement Agreement of Special Magistrate Clifford Shepard re: Resolution R-22-094 denying application no. PDR-21-07(Z)(G) to rezone 42 acres of real property generally located at 2401 Twin Rivers Trail to the PDR (Planned Development Residential) zone district, a General Development Plan for 126 single-family detached residential units and a 5,000 square foot residential support use facility with related specific approvals.

Development Services

25. PA-21-05 / Ordinance 22-41 Elan – Small-Scale Comprehensive Plan Map Amendment PLN2107-0041 - Legislative - Charles Andrews, CNU-A, AICP, Principal Planner (District 5) A privately-initiated map amendment to the Future Land Use Map of the Future Land Use Element to designate 19.803± acres of specific real property generally located at the southwest corner of the intersection of State Road 64 East and Lorraine Road, and commonly known as 14366, 14410 State Road 64 East, and 2610, 2710 Lorraine Road, Bradenton (Manatee County) from the UF-3 (Urban Fringe - 3 dwelling units/acre) Future Land Use Classification to the RES-9 (Residential – 9 dwelling units/acre) Future Land Use Classification.
26. PDMU-21-14(Z)(P) – Elan Casto Net Lease Properties, LLC PLN2108-0008 - Quasi-Judicial - Dorothy Rainey, AICP, Principal Planner (District 5) A rezone of 4.76 acres from A (General Agriculture) and 15.04 acres from PDC (Planned Development Commercial) to the PDMU (Planned Development Mixed Use) zoning district, part of a 19.8 acre site located at the southwest corner of SR 64 and Lorraine Road, commonly known as 14366 and 14410 SR 64 East, 2610 and 2710 Lorraine Road, in Bradenton; approving a Preliminary Site Plan for 64,000 square feet of commercial uses, and 240 residential multi-family units and approving a Schedule of Permitted and Prohibited Uses as voluntarily proffered by the Applicant and attached as Exhibit “B".
27. PA-21-09/Ordinance 23-11 SMR Taylor Ranch, LLC - Large Scale Comprehensive Plan Map and Text Amendment PLN2111-0048 - Legislative - Dorothy Rainey, AICP, Principal Planner (District 5) A privately-initiated large scale comprehensive plan map and text amendment to Element 2 – Future Land Use Element of the Manatee County Comprehensive Plan to change the Future Land Use Classification of 2,307.57± acres of a specific real property generally located at the southeast corner of SR 64 East and Bourneside Boulevard, at 18900 SR 64 East, Bradenton, (Manatee County), from AG/R (Agricultural Rural) to the UF-3 (Urban Fringe-3 Dwelling Units Per Acre) Future Land Use Classification and providing for a specific property development condition in the text of the Comprehensive Plan to limit the density maximum potential to 1.95 dwelling units per acre (4,500 units).
28. Ordinance 22-39/Robinson Gateway – DRI #29 PLN2203-0021 - Quasi-Judicial - Marshall Robinson, Principal Planner (District 1) Rendering an amended and restated Development Order pursuant to Chapter 380.06, Florida Statutes, on an application for an amended approval for a Development of Regional Impact (Ordinance 15-14); A/K/A TBRPC DRI 271; to approve the following changes to Map H and the Development Order: 1) add 1,778 multi-family residential units; 2) remove 320 single-family attached residential units; 3) remove 500,000 square feet of commercial retail uses; 4) remove 525,000 square feet of medical or professional office uses; 5) add 170,000 square feet of medical office uses; 6) add 52,361 square foot surgical center (clinic); 7) decrease hotel rooms from 350 to 250; 8) remove 1,750 movie theatre seats; 9) add 120,000 square feet of mini warehouse / self-storage uses; 10) add a 207-bed hospital with helipad; 11) Modify certain conditions consistent with current departmental practices and other amendments for internal consistency; providing for development conditions and obligations; located on the north side of Moccasin Wallow Road, east side of I-75 and west side of Carter Road at 6730 and 7350 Moccasin Wallow Road, Palmetto on a 288± acre site in the MU (Mixed Use), UF-3 (Urban Fringe-three dwelling units per acre) and P/SP-1 (Public/Semi-Public-1) Future Land Use Categories; current zoning is PDMU (Planned Development Mixed Use).
29. PDMU-15-04(G)(R) / Robinson Gateway General Development Plan Amendment PLN2203-0022 - Quasi-Judicial - Marshall Robinson, Principal Planner (District 1) Amending Ordinance PDMU-15-04(Z)(G) to approve changes to the GDP (General Development Plan) and Ordinance as follows: 1) add 1,778 multi-family residential units; 2) remove 320 single-family attached residential units; 3) decrease the maximum square footage of commercial space from 900,000 square feet to 400,000; 4) decrease the maximum office space from 600,000 square feet to 245,000 square feet for medical and/or professional office uses; 5) add 52,361 square foot surgical center (hospital); 6) add 207-bed hospital and helipad; 7) remove 1,750 seat movie theatre; 8) decrease the number of hotel rooms from 350 to 250 hotel rooms; 9) add 120,000 square feet of mini warehouse/self-storage uses; 10) add a Land Use Equivalency Matrix (LUEM) for a project known as Robinson Gateway; 11) remove Affordable Housing from Section 3 of the Zoning Ordinance; 12) remove on-site community open space/park and connection to Manatee County Greenways trail program (i.e. Ellenton Willow Trail) from Section 3 of the Zoning Ordinance; 13) add and/or revise development standards for residential and non-residential development in Section 3 of the Zoning Ordinance; 14) relocate Florida Power and Light Company utility transmission corridor and easement area; 15) update phasing and build-out dates to reflect previously granted legislative extensions and the Schedule of Permitted and Prohibited uses voluntarily proffered by the applicant attached as Exhibit “B”; 16) relocate access point along Moccasin Wallow Road; located on the north side of Moccasin Wallow Road, east side of I-75 and west side of Carter Road at 6730 and 7350 Moccasin Wallow Road, Palmetto (Manatee County), on a 288± acre site in the MU (Mixed Use), UF-3 (Urban Fringe-three dwelling units per acre) and P/SP-1 (Public/Semi-Public-1) Future Land Use Categories; current zoning is PDMU (Planned Development Mixed Use) and is within the Entranceway overlay district .
30. PDR-21-25(Z)(P)– Jordan Creek at Manatee – William Monroe Rowlett Academy for the Arts and Communication, Inc. (Owner) – PLN2110-0084 - Quasi-Judicial - Laura Gonzalez, Planner II (District 2) A rezone of approximately 18.87 generally located at the northwest corner of the intersection of Elwood Park Road and 39th Street East, and commonly known as 3900 34th Avenue East, Bradenton from Agricultural Suburban (A-1) to Planned Development Residential (PDR) and approving a Preliminary Site Plan for a 56-duplex residential development.

N. REGULAR

Development Services

31. LDCT-22-20/Ordinance 23-19 County Initiated Land Development Code Text Amendment -Car Washes PLN2208-0015 - Legislative - Bill O'Shea, Principal Planner - Request to hold second public hearing prior to 5:00 p.m.
32. LDCT-23-02/Ordinance 23-05 County Initiated Land Development Code Text Amendment Speculative Homes PLN2210-0047 - Legislative - Bill O'Shea, Principal Planner - Request to hold second public hearing prior to 5:00 pm

Public Works

33. Adoption of Resolution R-22-222, approving the recommended alignment of Lorraine Road from SR 64 to 59th Avenue East

O. COMMISSIONER REQUESTS FOR FUTURE WORK SESSION ITEMS

P. REPORTS

Q. CITIZEN COMMENTS (Continuation of Consideration for Future Agenda Items, if needed)

R. COUNTY ATTORNEY COMMENTS

S. COUNTY ADMINISTRATOR COMMENTS

T. COMMISSIONER AGENDA/COMMENTS

U. ADJOURN

New Agenda Section

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