carmax zoning ordinance - manatee clerk · 2018-08-23 · manatee county zoning ordinance...

MANATEE COUNTY ZONING ORDINANCE PDMU-18-01(Z)(P) SMT AUTO, LLC/CARMAX #6103 BRADENTON

20180001

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 15-17, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR THE REZONING OF APPROXIMATELY 1.3 ACRES OF AN ± 8.5-ACRE SITE GENERALLY LOCATED 340 FEET SOUTH OF THE INTERSECTION OF 14TH STREET WEST AND STATE ROAD 70, COMMONLY KNOWN AS 5320 AND 5400 14TH STREET WEST, BRADENTON (MANATEE COUNTY) FROM GC (GENERAL COMMERCIAL) TO THE PDMU (PLANNED DEVELOPMENT MIXED-USE) ZONING DISTRICT; APPROVING A PRELIMINARY SITE PLAN FOR AN AUTOMOBILE DEALERSHIP FOR THE ENTIRE 8.5-ACRE SITE WITH AN FAR OF 0.02; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, SMT Auto, LLC (the “Applicant”) filed an application to rezone approximately 1.3 acres of an ± 8.5-acre site described in Exhibit “A”, attached hereto, (the “property”) from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district; and WHEREAS, the applicant also filed a Preliminary Site Plan for an automobile dealership for the entire 8.5-acre site with an FAR of 0.02 (the “project”) on the property; and WHEREAS, the applicant also filed a request for Specific Approval for alternatives to the Land Development Code Section 701.3.A.4 (Minimum Required Interior Landscaping Islands for Vehicle Use Areas); and WHEREAS, Building and Development Services staff recommended approval of the rezone, Preliminary Site Plan and Specific Approval applications subject to the stipulations contained in the staff report; and WHEREAS, the Manatee County Planning Commission, after due public notice, held a public hearing on August 9, 2018 to consider the rezone, Preliminary Site Plan and Specific Approval applications, received the staff recommendation and considered the criteria for approval in the Manatee County Comprehensive Plan and the Land Development Code; and WHEREAS, the Manatee County Planning Commission, as the County’s Local Planning Agency, found the applications consistent with the Manatee County Comprehensive Plan and to satisfy the criteria for approval in the Manatee County Land Development Code and recommended approval of the applications subject to the stipulations contained in the staff report. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA:

of 6 – PDMU-18-01(Z)(P) – SMT Auto, LLC/CarMax #6103 Bradenton 20180001

Section 1. FINDINGS OF FACT. The recitals set forth above are true and correct and are hereby adopted as findings by the Board of County Commissioners. The Board of County Commissioners, after considering the testimony, evidence, documentation, application for amendment of the Official Zoning Atlas, the recommendation and findings of the Planning Commission, as well as all other matters presented to the Board at the public hearing hereinafter referenced, hereby makes the following findings of fact: A. The Board of County Commissioners has received and considered the report of the Manatee County Planning Commission concerning the application for Official Zoning Atlas Amendment as it relates to the real property described in Exhibit “A” of this Ordinance from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district. B. The Board of County Commissioners held a duly noticed public hearing on August 23, 2018 regarding the proposed Official Zoning Atlas Amendment described herein in accordance with the requirements of Manatee County Ordinance No. 15-17, the Manatee County Land Development Code, and has further considered the information received at said public hearing. C. The proposed amendment to the Official Zoning Atlas regarding the property described in Exhibit “A” herein is found to be consistent with the requirements of Manatee County Ordinance No. 89-01, the Manatee County Comprehensive Plan. D. Notwithstanding the failure of this plan to comply with the requirements of Land Development Code Section 701.3.A.4., the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because the lack of parking island landscaping will be compensated by enhancing the amount of landscaping in the roadway buffer along Hwy 41. Section 2. PRELIMINARY SITE PLAN. The Preliminary Site Plan is hereby approved for an automobile dealership for the entire 8.5-acre site with an FAR of 0.02 upon the property subject to the following Stipulations: STIPULATIONS

A. DESIGN AND LAND USE:

1. No new detention or retention ponds shall be constructed within landscape buffers.

2. The 30 employee parking spaces shall be clearly identified as such. Customers must be prohibited from using these spaces.

3. All other applicable state or federal permits shall be obtained before commencement of the development.


B. INFRASTRUCTURE: 1. Connection to the County potable water and wastewater systems 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 appropriate County Master Plan. The connection shall be designed, engineered and permitted by the Applicant consistent with Manatee County Public Works Standards and approved by the County Engineer through the construction plans review process for the project.

C. ENVIRONMENTAL:

1. 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.

D. STORMWATER ENGINEERING

1. This project shall be required to reduce the calculated pre-development flow rate by fifty percent (50%) for all stormwater outfall flow directly or indirectly into Bowlees Creek Watershed. Modeling shall be used to determine pre- and post- development flows.

2. All fill within the 100-year Floodplain shall be compensated by the creation of an equal or greater storage volume above seasonal high water table. Drainage modeling shall utilize the data within the pending Bowlees Creek Watershed Study (most recent version on file at the Public Works Department) to demonstrate, in post-development condition, that no adverse impacts are created to adjacent property based upon a “no-rise” flood stage condition.

Section 3. SPECIFIC APPROVAL. Specific Approval is hereby granted for an alternative to Section 701.3.A.4 (Minimum required Interior Landscaping Islands for Vehicle Use Areas) of the Land Development Code. The Specific Approval shall continue in effect and shall expire concurrent with the Preliminary Site Plan for the project approved pursuant to Section 2 hereof. Section 4. AMENDMENT OF THE OFFICIAL ZONING ATLAS. The Official Zoning Atlas of Manatee County (Ordinance No. 15-17, the Manatee County Land Development Code) is hereby amended by changing the zoning classification of the property identified in Exhibit “A” herein from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district and the Clerk of the Circuit Court, as Clerk to the Board of County Commissioners, as


EXHIBIT “A”

LEGAL DESCRIPTION PARCEL 1: LOT 4, OF AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS STATE ROAD RIGHT OF WAY. PARCEL 2: THE NORTH TEN (10) FEET OF THE WESTERLY 174.8 FEET OF LOT 5, OF AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. PARCEL 3: LOT 5, OF AIRPORT SUBDIVISION, LESS THE NORTH TEN (10) FEET OF THE WESTERLY 174.8 FEET, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS STATE ROAD RIGHT OF WAY. AND ALSO LESS AND EXCEPT THAT PORTION OF THE ABOVE PARCELS AS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2548, PAGE 1058, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. PARCEL 4: LOTS 6, 7, 8, 9 AND 80, OF REVISED AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 66, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS THE ROAD RIGHT OF WAY AS DESCRIBED IN ORDER OF TAKING RECORDED IN CIRCUIT COURT MINUTE BOOK 25, PAGE 119, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; AND ALSO LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO RACETRAC PETROLEUM IN DEED RECORDED IN OFFICIAL RECORDS BOOK 2327, PAGE 1347, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOTS 7, 8, 9, AND A PORTION OF THE EAST 9 FEET OF LOT 80, LESS THE NORTH 20 FEET OF LOT 7, REVISED PLAT OF AIRPORT SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 66, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, ALSO LESS ROAD RIGHT OF WAY AS DESCRIBED IN ORDER OF TAKING RECORDED IN CIRCUIT COURT MINUTE BOOK 25, PAGE 119, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID REVISED PLAT OF AIRPORT SUBDIVISION, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF


TAMIAMI TRAIL (U.S. HIGHWAY 41) (14TH STREET WEST) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 13010 (117)(201)(119)- 2502); THENCE LEAVING SAID WEST RIGHT OF WAY LINE N 89 DEGREES 45'02"W, A DISTANCE OF 300.00 FEET TO A POINT; THENCE N 00 DEGREES 25'48"E, A DISTANCE OF 280.00 FEET TO A POINT; THENCE S 89 DEGREES 45'02"E, A DISTANCE OF 300.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF TAMIAMI TRAIL (U.S. HIGHWAY 41) (14TH STREET WEST); THENCE ALONG SAID WEST RIGHT OF WAY LINE S 00 DEGREES 25'48"W, A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NORTH 120 FEET OF THE EAST 9 FEET OF SAID LOT 80. CONTAINING A TOTAL AREA OF 370,196 SQUARE FEET OR 8.499 ACRES OF LAND, MORE OR LESS.

RICK SCOTT

Governor

KEN DETZNER

Secretary of State

R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270

www.dos.state.fl.us

August 27, 2018

Honorable Angelina Colonneso

Clerk of the Circuit Court

Manatee County

Post Office Box 25400

Bradenton, Florida 34206

Attention: Quantana Acevedo

Dear Ms. Colonneso:

Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your

corrected electronic copy of Manatee County Ordinance PDMU-18-01(Z)(P), which was filed in this office

on August 24, 2018.

Sincerely,

Ernest L. Reddick

Program Administrator

ELR/lb

August 23, 2018 Land Use Meeting Agenda Item #7

Subject PDMU-18-01(Z)(P) - SMT Auto, LLC/CarMax #6103 Bradenton 20180001 - Quasi-Judicial - Jamie Schindewolf, Planner I Briefings Briefing Provided Upon Request Contact and/or Presenter Information

Presenter:

Jamie Schindewolf, Planner I, 941-748-4501 ext. 6861

Contact:

Bobbi Roy, Senior Planning & Zoning Technician,

941-748-4501 ext. 6878

Action Requested

RECOMMENDED MOTION:

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, I move to APPROVE Manatee County Zoning Ordinance No. PDMU-18-01(Z)(P); APPROVE a Preliminary Site Plan with Stipulations A.1-A.3, B.1, C.1; and D.1-D.2; and GRANT Specific Approval for an exception to strict compliance with Land Development Code Section 701.3.A.4 (Minimum Required Interior Landscaping Islands for Vehicle Use Areas), as recommended by the Planning Commission.

(Commissioner DiSabatino)

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Manatee County Government Administrative Building1st Floor Chambers

August 23, 2018 - 9:00 am

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August 23, 2018

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Background Discussion

• SMT Auto is requesting approval of a rezone of approximately ± 1.3 acres of an ± 8.5-acre site from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district with Preliminary Site Plan for a used automobile dealership with an FAR of .02 on an urban corridor. The site has two future land use categories: ROR (Retail/Office/Residential) and RES-16 (Residential 16 du/acre) and is located at 5320 14th Street West, Bradenton.

• In 2016, SMT Auto, LLC requested approval of a new Preliminary Site Plan to construct 86 residential multi-family units and designate 25% of the units for affordable housing at 5410 - 14th Street West, Bradenton. The site was previously a part of a larger parcel (9.1± acres), which has approximately 120 feet of frontage along U.S. 41 and 400± feet along 16th Street West. Although the Planning Commission voted to recommend approval of the multi-family proposal, the applicant pulled the proposal from consideration by the Board of County Commissioners due to neighborhood opposition to the affordable housing component of the development.

• The surrounding area follows an auto-oriented super-block development pattern. Land uses in the area follow the typical strip commercial development pattern with commercial development abutting 14th Street West on either side. Single-family subdivisions lie to the south and west of the site. The Aloha Estates Mobile Home Park and a Wawa gas station and convenience store are north of the site.

• The applicant has submitted a Preliminary Site Plan, shown on the next page, that includes the following: o A 4,160 sq.ft. Sales Office o A 3,036 sq.ft. Service Building o A 635 sq.ft. Vehicle Presentation Area o 181 Vehicle Sales Display Parking Spaces o 50 Vehicle Staging Spaces o 32 Customer Parking Spaces o 30 Employee Parking Spaces o 62% Open Space o A 3.59-acre Stormwater Pond o One access off of 14th Street West

• The applicant is requesting Specific Approval for an alteration to LDC Section 701.3.A.4, which states that no more than ten (10) consecutive parking spaces be allowed without an interior landscape island. The request is to allow 6 rows of parking to have more than 10 consecutive parking spaces without a landscape island. (one row of 13, two rows of 12, and three rows of 11). The applicant is proposing to increase the roadway buffer and vehicle use buffer landscaping.

• Positive Aspect: The proposal meets the standards of the Land Development Code to an acceptable degree and complies with the Comprehensive Plan.

Negative Aspects: The proposal does not take advantage of the Urban Corridor intensity bonus and does not positively contribute to the county’s vision of a pedestrian-scaled corridor along 14th Street West; The proposal, if approved, will eliminate 6.9 acres of greenfield along an Urban Corridor that could be developed as a much-needed pedestrian-scaled residential or mixed-use site.

• Staff recommends approval.


August 23, 2018 - 9:00 am

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[See PDMU-16-10(P)]

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• On August 9, 2018, by a vote of 6 – 0, the Planning Commission recommended approval. One seat is vacant.

County Attorney Review Other (Requires explanation in field below) Explanation of Other William Clague reviewed and responded by email to Matter 2018-0342 on July 11, 2018. Reviewing Attorney Clague Instructions to Board Records Please forward a copy of the executed document and letter from the Florida Department of State to [email protected]. Cost and Funds Source Account Number and Name N/A Amount and Frequency of Recurring Costs N/A Attachment: Staff Report - CarMax #6103 - PDMU-18-01(Z)(P).pdf Attachment: 2 - Maps.pdf Attachment: 3 - Preliminary Site Plan.pdf Attachment: 4 - Traffic Impact Statement.pdf Attachment: 5 - Specific Approval Request.pdf Attachment: 6 - ZDA.pdf Attachment: 7 - Newspaper Advertising.pdf Attachment: 8 - Ordinance PDMU-18-01(Z)(P) ..pdf


August 23, 2018 - 9:00 am

mailto:[email protected]

B.C.C.: 8/23/2018

PDMU-18-01(Z)(P) SMT Auto, LLC/CarMax #6103 Bradenton

(DTS #20180001)

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, amending the official zoning atlas (Ordinance 15-17, the Manatee County Land Development Code), relating to zoning within the unincorporated area; providing for the rezoning of approximately 1.3 acres of an ± 8.5-acre site generally located 340 feet south of the intersection of 14th Street West and State Road 70, commonly known as 5320 and 5400 14th Street West, Bradenton (Manatee County) from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district; approving a Preliminary Site Plan for an automobile dealership for the entire 8.5-acre site with an FAR of 0.02; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date.

P.C.: 8/09/2018 B.O.C.C.: 8/23/2018

RECOMMENDED MOTION 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, I move to APPROVE Manatee County Zoning Ordinance No. PDMU-18-01(Z)(P); APPROVE a Preliminary Site Plan with Stipulations A.1-A.3, B.1, C.1; and D.1-D.2; and GRANT Specific Approval for an exception to strict compliance with Land Development Code Section 701.3.A.4 (Minimum Required Interior Landscaping Islands for Vehicle Use Areas), as recommended by the Planning Commission. (Commissioner DiSabatino) PLANNING COMMISSION ACTION: On August 9, 2018, by a vote of 6 – 0, the Planning Commission recommended approval. PUBLIC COMMENT AND CORRESPONDENCE: August 9, 2018 Planning Commission Public Comment – no public comment Correspondence: A revised staff report and recommended motion were entered into the record and have been incorporated into this report.

of 16 – PDMU-18-01(Z)(P) – SMT Auto, LLC/CarMax #6103 Bradenton – (DTS #20180001)

PROJECT SUMMARY

CASE NUMBER PDMU-18-01(Z)(P) (DTS #20180032)

PROJECT NAME CarMax #6103 Bradenton

LAND OWNER SMT Auto, LLC

APPLICANT(S) Sara Schulte, Bowman Consulting

EXISTING ZONING GC (General Commercial) & PDMU (Planned Development Mixed-Use)

PROPOSED ZONING & USE PDMU; Automobile Dealership

CASE MANAGER Ryan Todd, Planner I

STAFF RECOMMENDATION APPROVAL with stipulations

DETAILED DISCUSSION

Request:

The request is to receive approval of a rezone of approximately ± 1.3 acres of an ± 8.5-acre site from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district with Preliminary Site Plan for a used automobile dealership with an FAR of .02 on an urban corridor. The site has two future land use categories: ROR (Retail/Office/Residential) and RES-16 (Residential 16 du/acre).

History

On November 6, 2008 On November 6, 2008, the Board of County Commissioners (BOCC) approved a rezone [PDMU-06-86(Z)(P)] of the larger ±9.1-acre parcel from PDC (Planned Development Commercial), RDD-6 (Residential Duplex Dwelling – 6.0 dwelling units per acre) and RSF-6 (Residential Single-Family – 6.0 dwelling units per acre) zoning districts to PDMU (Planned Development Mixed Use) zoning district. At that time, a Preliminary Site Plan was approved for a convenience store, mini-warehouse facility (with two driveways connecting U.S. 41), and eight (8) lots for single-family detached residences adjacent to 16th Street West. The convenience store with gas pumps and canopy (Race Trac Petroleum Inc.) was constructed as part of Phase One and is now a separate parcel.

On August 8, 2013, the BOCC approved a revision to the Preliminary Site Plan [PDMU-06-86(P)(R2)] to eliminate the mini-warehouse facility, office use and 8-residential lots, and added a 2,460 square foot building for motor vehicle sales, rental, leasing, and motor vehicle repair establishments. From this approval, only the vehicle sales establishment (Stan Thompson Motor Vehicle Sales) was constructed. The Preliminary Site Plan expired November 2013.

In 2016, SMT Auto, LLC requested approval of a new Preliminary Site Plan to construct 86 residential multi-family units and designate 25% of the units for affordable housing at 5410 - 14th Street West, Bradenton. The site was previously a part of a larger parcel (9.1± acres), which has approximately 120 feet of frontage along U.S. 41 and 400± feet along 16th Street West. Although the Planning Commission voted to recommend approval of the multi-family proposal, the applicant pulled the proposal from consideration by


the Board of County Commissioners due to neighborhood opposition to the affordable housing component of the development.

The surrounding area follows an auto-oriented super-block development pattern. Land uses in the area follow the typical strip commercial development pattern with commercial development abutting 14th Street West on either side. Single-family subdivisions lie to the south and west of the site. The Aloha Estates Mobile Home Park and a Wawa gas station and convenience store are north of the site.

The applicant has submitted a Preliminary Site Plan, shown on the next page, that includes the following:

- A 4,160 sq.ft. Sales Office - A 3,036 sq.ft. Service Building - A 635 sq.ft. Vehicle Presentation Area - 181 Vehicle Sales Display Parking Spaces - 50 Vehicle Staging Spaces - 32 Customer Parking Spaces - 30 Employee Parking Spaces - 62% Open Space - A 3.59-acre Stormwater Pond - One access off of 14th Street West

Policy 2.2.1.17.2 of the Manatee County Comprehensive Plan establishes the range of potential uses for a property within the ROR FLUC. The range of potential uses include: neighborhood, community and regional serving commercial uses, mixed with residential, lodging, office, public or semi-public, schools, and recreational uses, and appropriate water-dependent, water-related, and water-enhanced uses (see also Objective 4.2.1), and short-term agricultural uses.

The maximum floor area ratio allowed by the ROR FLUC is 1.0 inside the UIRA and along designated Urban Corridors, or 2.0 along Urban Corridors if an FAR bonus is approved.

Policy 2.2.1.15.2 of the Manatee County Comprehensive Plan establishes the range of potential uses for a property within the RES-16 FLUC. The range of potential uses include: suburban or urban residential uses, neighborhood retail uses, short-term agricultural uses other than special agricultural uses, agriculturally-compatible residential uses, low intensity recreational facilities, public or semi-public uses, schools, lodging places, and appropriate water-dependent/water-related/water-enhanced uses (see also Objectives 4.2.1 and 2.10.4). Because community and regional serving commercial uses are not allowed within the RES-16 FLUC, the portion of the site within the RES-16 FLUC will be used for stormwater retention.

The purpose of the PDMU zoning district is to provide provide developments that provide complimentary uses. It is not the intent of the district to avoid requirements and criteria which are found in the single use Planned Districts. All requirements and criteria found in the single use Planned Districts shall apply to the PDMU district.


PROPOSED PRELIMINARY SITE PLAN

Staff recommends Approval with Stipulations.

SITE CHARACTERISTICS AND SURROUNDING AREA

ADDRESS 5320 & 5400 14th Street West, Bradenton

GENERAL LOCATION Generally located 340’ south of the intersection of 14th Street West and State Road 70

ACREAGE Overall = ± 8.50 acres

EXISTING USE Automobile Dealership and Vacant

PROPOSED USE Automobile Dealership

FUTURE LAND USE CATEGORY ROR (Retail/Office/Residential) & RES-16 (Residential 16.0 du/acre)

INTENSITY 1.0 along designated Urban Corridors

OVERLAY DISTRICT Urban Corridor


SPECIAL APPROVAL None

SPECIFIC APPROVAL(S) An Alternative to Section 701.3.A.4. of Manatee County LDC to reduce the number of landscaped islands

SURROUNDING USES & ZONING

NORTH Wawa Gas Station; GC (General Commercial), Aloha Estates MH Park; RSMH-6 (Residential Mobile Home 6.0 du/acre)

SOUTH Peek-A-Boo Lounge; GC

EAST Auto Nation Automobile Sales; HC (Heavy Commercial)

WEST Unnamed Subdivision; RSF-6 (Residential Single-Family 6.0 du /acre)

SITE DESIGN DETAILS

SETBACKS (MINIMUM/PROPOSED)

Front: 30’ / 30’ Side: 15’/ 15’ Rear: 20’ / 20’

OPEN SPACE (REQUIRED/PROPOSED)

20% / 62% The 62% calculation is comprised of two components: Green Space: 1.65 acres Stormwater Pond: 3.59 acres

MAXIMUM BUILDING HEIGHT

Proposed: 14’

PARKING

Required: 32 Proposed: 62* *Applicant is providing 30 spaces for employees that will not be accessible to customers

ACCESS 14th Street West

FLOOD ZONE(S) Site lies in Zones X and AE per FIRM Panel 12081C0304E, effective 3/17/2014

AREA OF KNOWN FLOODING Yes, Rainfall


UTILITY CONNECTIONS

The following water and wastewater facilities are in the vicinity of this development project: Water: 8” PVC private potable water main that is used for fire service and 1.5” HDPE private potable water main used for drinking water located on the northern portion of the parcel #5886200059. Also, there is a 6” potable water main along 14th Street West (US 41). Sewer: 8” VCP sanitary gravity sewer along 16th Street West, 8” VCP sanitary gravity sewer along 54th Avenue Drive West and 8” VCP sanitary gravity sewer & 6” CIP sanitary force main along 14th Street West (US 41). Reclaimed: According to Manatee County GIS, there is not any public reclaim water main along 16th Street West, 54th Avenue Drive West, or 14th Street West (US 41).

ENVIRONMENTAL INFORMATION

Wetlands According to information provided and GIS review, there are no jurisdictional wetlands or wetland buffers within this project. Uplands According to information provided and GIS review, there is no native upland habitat within the project boundary. Listed Species According to information provided and GIS review, there were no listed species identified on site. Trees According to information provided and GIS review, there are existing trees along the northern and northeastern boundaries that will be left in place along the planned landscape buffers. Landscaping/Buffers Sections of the northern, western and southern project boundaries have planted landscape from previous development activity that can be incorporated into new landscape buffers.


NEARBY DEVELOPMENT

RESIDENTIAL

PROJECT LOTS / UNITS DENSITY FLUC YEAR

APPROVED

Airport Subdivision Revised Plat

89 units 2.5 RES-16 1949

Aloha Estates MH Park 165 units 16.8 RES-16 1960

NON-RESIDENTIAL

PROJECT SQ. FT. FAR FLUC YEAR

APPROVED

Wawa 13,709 sq. ft. 0.17 ROR 2014

Racetrac 16,704 sq. ft. 0.20 ROR 2014

AutoNation Bradenton

7,680 sq. ft 0.04 RES-6 1997

Peek-A-Boo Lounge 2,964 sq. ft. 0.10 ROR Unknown

W RJ Sales Inc. 2,416 sq. ft. 0.02 ROR 2014

COMPLIANCE WITH MANATEE COUNTY LAND DEVELOPMENT CODE General Design Requirements for all Planned Development Site Plans (LDC Section 402.6)

PDC – Planned Development Commercial Standards (LDC Section 402.11) Urban Corridor Design Standards (LDC Section 902)

The following represents a demonstration of how the application will achieve compliance with LDC Sections 402.6, 402.11, and 902. The criteria listed below are 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. 402.6. General Design Requirements for all Planned Development Site Plans Relation to Public Utilities, Facilities and Services Water and sewer are available along 14th Street West and stormwater will be managed on-site. Subject to compliance with the County’s engineering standards, services can reasonably be expected to be available at the time of request for Certificate of Level of Service. Relation to Major Transportation Facilities US 41 is designated as a six-lane arterial roadway in the Comprehensive Plan’s Future Traffic Circulation Plan and has a planned right of way width of 150 feet. There is a MCAT bus stop that services bus route 16 across the street from the site, making it possible for employees and customers to use transit to access the site. Compatibility The proposal is compatible with the area as it exists today. Commercial development along 14th Street West is overwhelmingly auto-oriented and there are numerous automotive sales lots and gas stations along the corridor.


A stormwater retention pond is planned for the western-half of the site in order to comply with the RES-16 FLUC and to address potential conflicts between adjacent residential land uses and the proposed car lot. Although the proposed use is compatible with the surrounding area today, it must be noted that the proposed use and site plan are wholly incompatible with the vision for 14th Street West espoused in Section 902 – Urban Corridor Design Standards of the LDC. Transitions The site has been designed to provide a transition in intensity and density between residential land uses to the west and the auto-oriented commercial character of 14th Street West and to comply with the regulations established in the RES-16 FLUC. Design Quality The proposal is not superior in design to conventional site plans; however, the site plan is sensitive to the impacts of the requested Specific Approval to LDC Section 701.3.A.4 – minimum required landscaping for vehicle use area by providing additional landscaping across the site. Relationship to Adjacent Property Locating the stormwater retention pond within the portion of the site in the RES-16 FLUC, and adjacent to residential land uses, adequately protects existing or probable uses from the proposed car lot. Access The PSP proposes to share an existing full-movement driveway with the gas station immediately south of the site, thereby limiting the impact to traffic flow and pedestrian traffic. Streets, Drives, Parking and Service Areas The vehicle service area and sales office are located far enough apart to prevent potential conflicts between customers and employees. Pedestrian Systems Pedestrians and cyclists entering and leaving the site will use the shared full-access driveway serving the site and the gas station to the south. Natural and Historic Features, Conservation and Preservation Areas There are no archaeological or historic resources on the site. Density/Intensity Proposed intensity does not exceed the maximum established in the Comprehensive Plan and is compatible with surrounding development. Height No building is proposed at more than one-story in height. Fences and Screening A 6’-tall masonry wall is proposed to block view of the sales display area from residential property to the north and west of the site. Vegetative screening is provided in accordance with the LDC and will protect occupants of adjoining districts from adverse influences. Yards and Setbacks Proposed setbacks are shown graphically on the PSP, meet the requirements established by the LDC, and promote compatibility with the surrounding area. Signs Signs will comply with the regulations established in Chapter 6 of the LDC.


Landscaping The applicant is requesting relief from LDC Section 701.3.A.4 – minimum required landscaping for vehicle use area, by providing additional landscaping across the site and by providing additional buffer depth to make up for the loss of three required landscaped islands. Environmental Factors The proposal exceeds the minimum amount of required open space and retains stormwater on-site. Stormwater Management Proposed stormwater retention pond adheres to the requirements of Section 801 of the LDC. Consistency with Comprehensive Plan The proposal is consistent with the Comprehensive Plan. 402.16. Planned Development Mixed Use In the determination of what a primary use in a PDMU district is, percentage of land area, percentage of building square footage and percentage of impacts such as traffic shall be considered. Exceeding fifty-one (51) percent shall be considered to be a primary use. Because the proposal is for a used car dealership, PDC zone district standards are applied to the preliminary site plan. 402.11.D. PDC Standards Intensity The preliminary site plan proposes a FAR of .02, which is compatible with commercial development in the area. Landscaped Open Space and Pervious Area Requirements Projects outside of watershed overlay districts are required to reserve 20% of the site as open space. The proposal reserves 62% of the site as open space, with the stormwater pond making up 68% of the provided open space. Natural or artificial water bodies may not exceed 75% of the open space calculation. Yards and Setbacks Proposed setbacks are shown graphically on the PSP, meet the requirements established by the LDC, and promote compatibility with the surrounding area. 902 Urban Corridor Design Standards Although the Urban Corridor Design Standards are only applied to proposals seeking the density and intensity bonus offered for developments along urban corridors, it should be noted that the proposal does not positively contribute to realizing Manatee County’s vision of a pedestrian-scaled urban corridor. Simple changes to the site plan, such as reducing building setbacks to a maximum of 20’, would help the proposal contribute to Manatee County’s vision for a pedestrian-scaled 14th Street West.

COMPLIANCE WITH COMPREHENSIVE PLAN

The site is in the ROR (Retail/Office/Residential) and RES-16 (Residential 16.0 du/acre) Future Land Use Categories. A list of Comprehensive Plan Policies applicable to this request is attached. This project was specifically reviewed for compliance with the following policies:


ROR Policy 2.2.1.17.1. Intent. To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which are established and developed areas exhibiting a broad range of commercial, residential and, in certain cases, light industrial uses, and to recognize the continued existence of such areas through the long range planning timeframe; to prohibit the intrusion of new industrial areas into these ROR areas, which typically fail to exhibit a planned or integrated approach to multiple use development; to allow the development of major future community or region-serving commercial multi-use nodes; to provide incentives for the horizontal or vertical integration of uses, achieving internal trip capture; and to encourage the development of a high quality environment for living, working, or visiting. Policy 2.2.1.17.2. Range of Potential Uses. Neighborhood, community and regional serving commercial uses, mixed with residential, lodging, office, public or semi-public, schools, and recreational uses, and appropriate water-dependent, water-related, and water-enhanced uses (see also Objective 4.2.1), and short-term agricultural uses. Policy 2.2.1.17.3. Range of Potential Density/Intensity. 1.0 inside the UIRA and along designated Urban Corridors; 2.0 along Urban Corridors if an FAR bonus is approved. Policy 2.2.1.17.4. Other Information. Special Approval requirements listed in this section shall not apply to development along the designated Urban Corridors or within the UIRA. RES-16 Policy 2.2.1.15.1. Intent. To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which are established for moderate density urban residential uses. Also, to provide for a complement of support uses normally utilized during the daily activities residents of these moderate density urban areas. Lodging places may also be located within this future land use category. Policy 2.2.1.15.2. Range of Potential Uses. Suburban or urban residential uses, neighborhood retail uses, short-term agricultural uses other than special agricultural uses, agriculturally-compatible residential uses, low intensity recreational facilities, public or semi-public uses, schools, lodging places, and appropriate water-dependent/water-related/water-enhanced uses (see also Objectives 4.2.1 and 2.10.4). Policy 2.2.1.15.3. Range of Potential Density/Intensity. 1.0 inside the UIRA and along designated Urban Corridors.

Policy 2.2.1.15.4. Other Information. Special Approval requirements listed in this section shall not apply to development along the designated Urban Corridors or within the UIRA. The proposal complies with the densities and range of potential uses for the ROR and RES-16 FLUCs.

TRANSPORTATION

Major Transportation Facilities The site is located on US 41, south of 53rd Avenue West. US 41 is designated as a six-lane arterial roadway in the Comprehensive Plan’s Future Traffic Circulation Plan and has a planned right of way width of 150 feet.


Transportation Concurrency The application includes a proposed rezoning with a Preliminary Site Plan (PSP) and has requested a Deferral and Acknowledgment of Eventual Requirement for Concurrency, and cannot obtain approval of any concurrency component until the Final Site Plan (FSP) review stage of the project. At the time concurrency is reviewed for a Final Site Plan, the impacts of the proposed uses will be evaluated to determine if concurrency-related improvements are required. However, the Applicant provided the appropriate traffic-related information for staff to prepare a Traffic Impact Statement (TIS) to determine impacts to segments of U.S. 41 adjacent to the project site. The results of the traffic study, undertaken by the Transportation Planning Division, indicated that the impacted roadway segment is expected to operate above the level of service (LOS) D performance standard with no off-site concurrency-related improvements required to mitigate project impacts (see Certificate of Level of Service Compliance table below). Access At the time of Final Site Plan submittal and accompanying traffic study 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 REQ’D: No

NEAREST THOROUGHFARE LINK ADOPTED LOS FUTURE LOS (W/PROJECT)

US 41 3275 D D

OTHER CONCURRENCY COMPONENTS

Solid waste landfill capacity, transportation, potable water, waste water, and preliminary drainage intent will be reviewed at the time of application for concurrency with the Final Site Plan.

SPECIFIC APPROVALS – ANALYSES, RECOMMENDATIONS, FINDINGS

LDC Section 701.3.A.4. requires no more than ten (10) consecutive parking spaces be allowed without an interior landscape island. The request is to allow 6 rows of parking to have more than 10 consecutive parking spaces without a landscape island. (one row of 13, two rows of 12, and three rows of 11). Applicant is proposing to increase the roadway buffer and vehicle use buffer landscaping. Staff Analysis and Recommendation: Staff is in support of the request for Specific Approval for Section 701.3.A.4.of the LDC to allow the parking rows to exceed 10 spaces and be met by instead enhancing the roadway buffer and vehicle use area landscaping. Finding for Specific Approval: Notwithstanding the failure of this plan to comply with the requirements of LDC Section 701.3.A.4., the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because the lack of parking island landscaping will be compensated by enhancing the amount of landscaping in the roadway buffer along Hwy 41.


SPECIAL APPROVALS – ANALYSES, RECOMMENDATIONS, FINDINGS

None

POSITIVE ASPECTS

● The proposal meets the standards of the Land Development Code to an acceptable degree and complies with the Comprehensive Plan.

NEGATIVE ASPECTS

● The proposal does not take advantage of the Urban Corridor intensity bonus and does not positively contribute to the county’s vision of a pedestrian-scaled corridor along 14th Street West.

● The proposal, if approved, will eliminate 6.9 acres of greenfield along an Urban Corridor that could be developed as a much-needed pedestrian-scaled residential or mixed-use site.

MITIGATING MEASURES

● None

STAFF RECOMMENDED STIPULATIONS





B. INFRASTRUCTURE: 1. Connection to the County potable water and wastewater systems 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 appropriate County Master Plan. The connection shall be designed, engineered and permitted by the Applicant consistent with Manatee County Public Works Standards and approved by the County Engineer through the construction plans review process for the project.


C. ENVIRONMENTAL:

1. 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.



2. All fill within the 100-year Floodplain shall be compensated by the creation of an equal or greater storage

volume above seasonal high water table. Drainage modeling shall utilize the data within the pending Bowlees Creek Watershed Study (most recent version on file at the Public Works Department) to demonstrate, in post-development condition, that no adverse impacts are created to adjacent property based upon a “no-rise” flood stage condition.

REMAINING ISSUES OF CONCERN

None

ATTACHMENTS 1. Applicable Comprehensive Plan Policies 2. Staff Report Maps 3. Preliminary Site Plan 4. Traffic Impact Statement 5. Specific Approval Request 6. Zoning Disclosure Affidavit 7. Newspaper Advertising 8. Ordinance PDMU-18-01(Z)(P)


APPLICABLE COMPREHENSIVE PLAN POLICIES

Policy: 2.1.2.7. Review all proposed development for compatibility and appropriate timing.

- consideration of existing development patterns,

- types of land uses,

- transition between land uses,

- density and intensity of land uses,

- natural features,

- approved development in the area,

- availability of adequate roadways,

- adequate centralized water and sewer facilities,

- other necessary infrastructure and services.

- limiting urban sprawl

- applicable specific area plans

- (See also policies under Objs. 2.6.1 - 2.6.3)

Policy: 2.2.1.17. ROR: Establish the Retail/Office/Residential future land use category as follows:

Policy: 2.2.1.17.1. Intent: To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which are established and developed areas exhibiting a broad range of commercial, residential and, in certain cases, light industrial uses, and to recognize the continued existence of such areas through the long range planning timeframe; to prohibit the intrusion of new industrial areas into these ROR areas, which typically fail to exhibit a planned or integrated approach to multiple use development; to allow the development of major future community or region-serving commercial multi-use nodes; to provide incentives for the horizontal or vertical integration of uses, achieving internal trip capture; and to encourage the development of a high quality environment for living, working, or visiting.

Policy: 2.2.1.17.2. Range of Potential Uses (see Policy 2.2.1.5): Neighborhood, community and regional serving commercial uses, mixed with residential, lodging, office, public or semi-public, schools, and recreational uses, and appropriate water-dependent, water-related, and water-enhanced uses (see also Objective 4.2.1), and short-term agricultural uses.

Policy: 2.2.1.17.3. Range of Potential Density/Intensity:

Maximum Gross Residential Density: 9 dwelling units per acre


30 dwelling units per acre along the designated Urban Corridors; 40 dwelling units per acre if a density bonus is approved.

Minimum Gross Residential Density:

7.0 only in UIRA for residential projects that designate a minimum of 25% of the dwelling units as “Affordable Housing”.

Maximum Net Residential Density: 16 dwelling units per acre.

24 dwelling units per acre inside the UIRA for residential projects that designate a minimum of 25% of the dwelling units as “Affordable Housing”.

Maximum “net” densities shall not apply to projects within designated Urban Corridors.

Maximum Floor Area Ratio: .35; 1.0 inside the UIRA and along designated Urban Corridors; 2.0 along Urban Corridors if an FAR bonus is approved; 1.0 for Hotels.

Maximum Square Footage for Neighborhood, Community, or Region-Serving Uses: Large 300,000 square feet, except along Urban Corridors where the size of development shall be limited by the FAR noted above.

Policy: 2.2.1.15. RES-16: Establish the Residential-16 future land use category as follows:

Policy: 2.2.1.15.1. Intent: To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which are established for moderate density urban residential uses. Also, to provide for a complement of support uses normally utilized during the daily activities residents of these moderate density urban areas. Lodging places may also be located within this future land use category.

Policy: 2.2.1.15.2. Range of Potential Uses (see Policies 2.1.2.3—2.1.2.7, 2.2.1.5): Suburban or urban residential uses, neighborhood retail uses, short-term agricultural uses other than special agricultural uses, agriculturally-compatible residential uses, low intensity recreational facilities, public or semi-public uses, schools, lodging places, and appropriate water-dependent/water-related/water-enhanced uses (see also Objectives 4.2.1 and 2.10.4).

Policy: 2.2.1.15.3. Range of Potential Density/Intensity:

Maximum Gross Residential Density: 16 dwelling units per acre; up to 20 dwelling units per acre along designated urban corridors if a density bonus is approved.


Minimum Gross Residential Density:

13 only in UIRA for residential projects that designate a minimum of 25% of the dwelling units as “affordable housing.”

Maximum Net Residential Density: 20 dwelling units per acre.

28 dwelling units per acre inside the UIRA for residential projects that designate a minimum of 25% of the dwelling units as “Affordable Housing”.

Maximum “net” densities shall not apply to projects within designated Urban Corridors.

Maximum Floor Area Ratio: .25; 1.0 inside the UIRA and along designated Urban Corridors; 2.0 along Urban Corridors if an FAR bonus is approved; 1.0 for Hotels.

Maximum Square Footage for Neighborhood Retail Uses, except along Urban Corridors where the size of development shall be limited by the FAR noted above: Medium 150,000 square feet.

57TH AVE W

53RD AVE W

ROR

RES-9

RES-16

ROR

RES-6

RES-6

RES-16

RES-16

RES-9

WAWA -US 41 &SR 70

57TH AVE APTS

HONDACARS OF

BRADENTON

FOUNTAINLAKE

ALDI - 41& 57TH AVE

RUDYSAGAPEHOUSE

DUNKINDONUTS- 41 & 70

KIDDKONNECTION

HIDDENLAKES MEMORYCARE FACILITY

SWEETBAYSUPERMARKET

BIGCITYTIRE

WOODLANDPLAZA

14TH

ST W

QR70

£¤41

Manatee CountyStaff Report Map

1 inch = 549 feet¹

FUTURE LAND USE

Sec 14 Twn 35S Rng 17E8.50GC, PDMUROR, RES-16NONECRA

NONENONEDIRECT RUNOFF TO BAYRobin DiSabatino

5883610109,5886200059

CarMax #6103 BradentonPDMU-18-0120180001Commercial

Parcel ID #(s)

Project Name:Project #:DTS#:Proposed Use:S/T/R:Acreage:Existing Zoning:Existing FLU:Overlays:Special Areas:

CHH:Watershed:Drainage Basin:Commissioner:

Map Prepared 3/14/2018

57TH AVE W

53RD AVE WPR-M

RDD-6

RSMH-6

RDD-6

PD-R

RDD-6

PD-R

PR-M

RSMH-6

RSMH-6

RDD-6

RSF-6

RDD-6

RSMH-6

RSF-6

PR-S PR-MPR-M

RDD-6

GC

RSF-6

GC

RSMH-6

RSF-4.5RSF-2

PR-MRSF-2

PD-MU

RSF-6

RSF-4.5

PR-M

RSF-6

GC

GC

RMF-9

PD-R

GC

PD-O

RSF-6

PD-R

PR-M

RMF-9RSF-6

HC GC PR-M

WAWA -US 41 &SR 70

57TH AVE APTS

HONDACARS OF

BRADENTONFOUNTAIN

LAKE

ALDI - 41& 57TH AVE

RUDYSAGAPEHOUSE

DUNKINDONUTS- 41 & 70

KIDDKONNECTION


SWEETBAYSUPERMARKET

BIGCITYTIRE

WOODLANDPLAZA

14TH

ST W

QR70

£¤41


1 inch = 549 feet¹

ZONING



5883610109,5886200059


Parcel ID #(s)




57TH AVE W

5TH

ST W

53RD AVE W

FLAMINGO BLVD

26TH

ST W

BAYSHORECROSSINGS

MINI STORAGE

O'REILLY AUTOPARTS - 60TH AVE

7-ELEVEN- 53RD

AVE

LANHAM DAYCARE

WAWA -US 41 &SR 70

MANATEE RURALHEALTH SER.

/ SOUTHWEST MEDICAL

CHILDRENS NESTOF MANATEE

57TH AVE APTS

HONDA CARSOF BRADENTON

FOUNTAINLAKE

ALDI - 41& 57TH

AVE

RUDYSAGAPEHOUSE

DUNKIN DONUTS -41 & 70

KIDDKONNECTION


TEMPLEEBENEZER

CHURCH

SWEETBAYSUPERMARKET

BIG CITYTIRE

WOODLAND PLAZA

14TH

ST W

QR70

£¤41


1 inch = 981 feet¹

AERIAL



5883610109,5886200059


Parcel ID #(s)




53RD AVE W

WAWA -US 41 &SR 70

14TH

ST W

QR70

£¤41


1 inch = 165 feet¹

AERIAL



5883610109,5886200059


Parcel ID #(s)




PRISCILLA TRACE * CHARLES B. SMITH * STEPHEN JONSSON * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAC District 1 District 2 District 3 District 4 District 5 District 6 District 7

Public Works Department 1022 26th Avenue East Bradenton, FL 34208 Phone: (941) 708-7450 www.mymanatee.org

February 22, 2018 Mr. James M. Robinson, P.E. Bowman Consulting Group, Ltd. 1301 Riverplace Blvd, Ste 800 Jacksonville, FL 32202 RE: Project Name: CarMax #6103 Bradenton Project # PDMU-18-01(Z)(P) DTS # 20180001 Dear Mr. Robinson, Manatee County Transportation Planning Division staff have reviewed the Traffic Impact Statement (TIS) prepared by Bowman Consulting Group, Ltd., dated November 17, 2017 and submitted February 9, 2018 for the CarMax project. The application is for the rezone of 8.5 acres and preliminary site plan for 7,948 sq. ft. of motor vehicle sales and service (use) located west of US 41 and south of 53rd Avenue West/SR 70. We offer the following comments:

1. Please revise the traffic impact statement to meet Manatee County Guidelines for a Rezone with a Preliminary Site Plan (PSP) application (see attached).

A Deferral and Acknowledgment of Eventual Requirement for Concurrency has been submitted with this application; therefore, concurrency may not be granted for this application. A traffic study will be required at the time of concurrency application. If you have any questions or require further assistance, please contact Nelson Galeano (941.708.7450 x7420, [email protected]) or me at the number above.

Sincerely,

Steve Kollar Multimodal Transportation Planner Manatee County Public Works Department Transportation Planning Division cc: Nelson Galeano

Susan Barfield Ryan Todd


CarMax

PDMU-18-01(Z)(P) PIN20180001 Date 2/12/2018

BUZSAW No

Description

Table 1. Trip Generation Size

PM Peak-Hour Trips

PM Peak-Hour Trip

PM Peak-Hour

Units In Out Total Trips

841Automobile

Sales-4.26 -2 -6 -8

Total -4.26 -2 -6 -8

Table 2. Impact Area

Link LanesAdopted LOS

No

3275 US 41 63RD AV W 53 AV W/SR 70 6D D 5390 -8 -0.1%

Table 3. Level of Service Analysis

Road From ToPM Peak Hour Base Volume

Peak Hour Reserved

Estimated Project Traffic

Peak Hour Total Traffic

LOS

US 41 63RD AV W 53 AV W/SR 70 4185 42 -8 4219 C

Conclusion

This project will impact the following link(s): Prepared by: Steve Kollar

Link No Road From ToNo of Trips

3275 US 41 63RD AV W 53 AV W/SR 70 -8

Road From To

TRAFFIC IMPACT STATEMENT

Automotive Car Sales - reduction in square footage from 11,605 to 7,345 square feet.

Transportation Planning DivisionManatee County Public Works1022 26th Ave EastBradenton, FL 34208941.708.7450Reviewed by: NG

Project NameProject NoDTS No

Based on the anticipated roadway conditions of the generalized Level of Service Analysis (Table 3), no offsite transportation

improvements are required to maintain adopted levels of service. Therefore, Transportation Planning staff find that the

subject project can satisfy the County’s transportation concurrency requirement.

PM Peak Service Volume

Peak Hour Project Traffic

Project Traffic as % of Svc Vol

ITE CodeLand Use

Type

Ryan Todd, Planner I Building & Development Svcs 112 Manatee Ave W, 4th Floor Bradenton, FL 34205 RE: CarMax 6103 -- Vehicle Use Area Landscaping Standards Request for administrative relief pursuant to LDC § 701.5 or for specific

approval pursuant to LDC § 402.4.B Dear Mr. Todd: On behalf of the Applicant, and in response to the Staff Comments dated April 18, 2018, I offer the following: The Applicant proposes a vehicle sale, rental or leasing establishment on an 8.5 acre site with frontage on U.S. 41. The vehicle sales use includes a total building area of 7,831 square feet, comprising sales and presentation areas, and service. The proposed use also includes an open sales area (as that term is defined in the LDC) of 181 spaces for vehicles on sale, consistent with LDC § 511.8.A.1. The Applicant also proposes a walled staging area walled, outdoor storage area for 50 vehicles, which is not visible from a public street, and is permitted by, and consistent with LDC 511.8.B.2. As shown on revised Site Plan Sheets C1.0, new sheet C1.1, and the revised Site Tables, the Applicant proposes 32 customer parking spaces, 30 employee parking spaces, and 3 handicapped spaces. The remaining 181 parking spaces constitute the open sales area. Together, the customer, employee, handicapped, and open sales spaces total 243. LDC § 701.3.A.2 requires 360 square feet of landscaping for every 1,000 square feet of vehicle use area (“VUA”). The VUA landscape areas are depicted on Sheet LD-05 and total 9,186 square feet; based on the number of parking spaces, only 4,374 would be required. Consistent with LDC § 701.3.A.7, the VUA landscape areas are leveraged along the Tamiami Trail street frontage by the 20’ roadway buffer, which exceeds requirements. Along the north boundary of the portion of the open sales area visible from the street, additional VUA landscaping is provided

adjacent to the required 15’ landscape buffer. Along the portion of the property that is behind the existing gas station/convenience store, a 15’ landscape buffer is provided next to the VUA, where only an 8’ parking perimeter buffer would be required. In addition to the extra landscaping between the VUA and the gas station/convenience store, the proposed Site Plan provides additional landscaping west of the wall that surrounds the VUA, service and staging areas. An area approximately 15’ wide, between the wall and the dry storm water management pond will be planted with additional canopy trees. By saving existing trees and planting new trees around the perimeter of the property, adjacent to the residential uses, the landscape plan will enhance the existing environmental and ecological condition of the site. LDC § 701.3.A.4 states “no more than ten (10) consecutive parking spaces shall be allowed without an interior landscape island.” Sheet C1.1 depicts six rows of parking that have more than 10 consecutive parking spaces without an island: one row of 13, two rows of 12, and three rows of 11. The plan proposes only 10 additional cars. All of these are in the open display areas except one row of 11 spaces at the far south end, which is designated for employee parking. As can be more clearly seen in new Sheet LD-05, all but one of these rows terminates in a landscaped island. The one that does not (the westernmost row of 11 spaces) has a landscape island at one end, and the perimeter buffer wall at the other. The VUA must accommodate vehicle deliveries from large vehicle transports. LDC § 701.3.A.3 allows up to 50% of the required VUA landscape area to be transferred to perimeter or roadway buffers under such circumstances. Here, only the portion along the north parking area is included in the 9,186 square feet, and there is it additional buffer area. The Site Plan provides exceeds the VUA internal landscape area requirements, with Florida-friendly landscaping that will promote the purposes of LDC § 701.3:

A. To promote the conservation of potable and non-potable water; B. To aid in stabilizing the environment's ecological balance; C. To reduce noise, glare, heat and dust; D. To protect, conserve and improve the appearance of property; E. To promote energy conservation and personal comfort; F. To enhance community appearance, identity and unique natural beauty; G. To create visual interest, variety and harmony, and provide contrast and relief from the built-up environment;

H. To reduce visual and functional conflicts between land uses and activity areas; and I. To establish the minimum landscaping and screening standards and criteria that are necessary to achieve the desired quality of life described by the purposes set forth above.

LDC § 701.5 authorizes the Department Director to approve alternative screening/landscaping upon determining the plan meets the intent of the standards and meets or exceeds a plan in strict compliance. Here, the deviation from the requirements is minor: a total of 10 “extra” cars in six rows of parking that have more than ten consecutive spaces. The proposed landscape plan provide more landscape area and more plan materials than would be required by the LDC for both the VUA and the overall site. The Department Director therefore can, and should, approve the proposed Site Plan pursuant to LDC § 701.5. Alternately, the Board can approve the six rows of parking that exceed ten consecutive spaces by “special approval” pursuant to LDC § 402.4.B, where the Board finds the public purposes of the regulations are satisfied to an equivalent or greater degree. Here, the additional landscaping around the VUAs and the site satisfy the public purpose of the ten-space limit to an equivalent or greater degree. Should the Department Director decide not to grant relief pursuant to LDC § 701.5, the staff should determine the Applicant’s request for a Specific Approval to allow six rows of parking to exceed the ten-space limit, as depicted on the Site Plan, meets the standard for Special Approval, and recommend approval to the Board. Please do not hesitate to contact me with questions or concerns by phone (813) 509-2319 or by email [email protected]. Sincerely, Stephen Brletic, PE Bowman Consulting


Bradenton Herald Aug. 8, 2018

Miscellaneous Notices

NOTICE OF ZONING CHANGES IN UNINCORPORATED MANATEE COUNTY

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Manatee County will

conduct a Public Hearing on August 23, 2018, at 9:00 a.m., or as soon thereafter as same may be

heard at the Manatee County Government Administrative Center, 1st Floor Chambers, 1112

Manatee Avenue West, Bradenton, Florida, to consider and act upon the following matters:

PDMU-17-29(Z)(G) RHED PINE, INC. (OWNER)/ SPECIALTY RESTAURANTS

CORPORATION (contract purchaser) / WHISKEY JOE'S / 20170571

An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding

land development, amending the official zoning atlas (Ordinance No. 15-17, the Manatee County

Land Development Code) relating to zoning within the unincorporated area, providing for the

rezoning of approximately 0.82 acres of a 1.77 acre project at 5313 and 5315 19th Street East,

Ellenton (Manatee County) from RSF-6 (Residential Single-Family 6 du per acre) to the PDMU

(Planned Development Mixed Use) zoning district; approving a General Development Plan for

approximately 9,000 square feet of eating establishment with associated outdoor space and

waterfront structures on 1.77 acres; subject to stipulations as conditions of approval; setting forth

findings; providing a legal description; providing for severability, and providing an effective

date.

PDMU-18-01(Z)(P) SMT AUTO, LLC/CARMAX #6103 BRADENTON 20180001


land development, amending the official zoning atlas (Ordinance 15-17, the Manatee County

Land Development Code), relating to zoning within the unincorporated area; providing for the

rezoning of approximately 1.3 acres of an 8.5-acre site generally located 340 feet south of the

intersection of 14th Street West and State Road 70, commonly known as 5320 and 5400 14th

Street West, Bradenton (Manatee County) from GC (General Commercial) to the PDMU

(Planned Development Mixed-Use) zoning district; approving a Preliminary Site Plan for an

automobile dealership for the entire 8.5-acre site with an FAR of 0.02; subject to stipulations as

conditions of approval; setting forth findings; providing a legal description; providing for

severability, and providing an effective date.

PDMU-18-02(Z)(G) DARRYL, DAVID & DIANE CANNON (OWNERS) /DEPIZZO

IRREVOCABLE TRUST (CONTRACT PURCHASER)/FT. HAMER SENIOR

LIVING/20180032




rezoning of an approximately 15-acre site generally located 660 feet north of the intersection of

Mulholland Road and Fort Hamer Road, commonly known as 2605 and 2705 Fort Hamer Road,

Parrish (Manatee County) from A/NCO (General Agriculture/North Central Overlay District) to

the PDMU/NCO (Planned Development Mixed-Use) zoning district, retaining the North Central

Overlay District; approving a General Development Plan for an assisted living and memory care

facility serving up to 179 residents and supporting offices totaling 42,500 square feet; subject to

stipulations as conditions of approval; setting forth findings; providing a legal description;

providing for severability, and providing an effective date.

PDMU-06-16(P)(R7) UNIVERSITY GROVES PLN 1803-0083


land development, to amend Ordinance No. PDMU-06-16(P)(R6) pertaining to approximately

142.15 acres on the north side of University Parkway and west of Tuttle Avenue, extending

approximately 1,000 feet west of Shade Avenue, and northward to the southern border of the

Oak Grove subdivision in the PDMU (Planned Development Mixed Use) zoning district;

providing for the approval of an amended Zoning Ordinance and Preliminary Site Plan to: 1) add

a land use equivalency matrix (LUEM) to allow for the conversion of approved project uses; 2)

increase the number of permitted multi-family units in Area IV, and allow multi-family units

within Area VI for a maximum total of 916 dwelling units for the entire project; 3) allow hotel

use in Area VI; 4) and other amendments for internal consistency; subject to stipulations as



Interested parties may examine the proposed Ordinance and related documents and may obtain

assistance regarding this matter from the Manatee County Building and Development Services

Department, 1112 Manatee Avenue West, 4th Floor, Bradenton, Florida; telephone number (941)

748-4501 x6878; e-mail to: [email protected] All interested parties may appear

and be heard at the meeting with respect to the proposed Ordinances.

According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision

made by the Board of County Commissioners with respect to any matter considered at said

Public Hearing will need a record of the proceedings, and for such purposes he may need to

ensure that a verbatim record of the proceedings is made, which includes the testimony and

evidence upon which the appeal is to be based. Rules of procedure for this public hearing are in

effect pursuant to Resolution 16-068.

A copy of this Resolution is available for review or purchase from the Building and

Development Services Department (see address below). Please send comments to: Manatee

County Building and Development Services Department Attn: Planning Coordinator 1112

Manatee Avenue West, 4th Floor Bradenton, FL 34205 [email protected]

Americans with Disabilities: The Board of County Commissioners does not discriminate upon

the basis of any individual's disability status.

This non-discrimination policy involves every aspect of the Board's functions including one's

access to and participation in public hearings. Anyone requiring reasonable accommodation for

this meeting as provided for in the ADA, should contact Kaycee Ellis at 742-5800; TDD ONLY

742-5802 and wait 60 seconds, or FAX 745-3790.

THIS HEARING MAY BE CONTINUED FROM TIME TO TIME PENDING

ADJOURNMENTS.

MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS Manatee County Building

and Development Services Department Manatee County, Florida 8/8/2018

Sarasota Herald-Tribune Aug. 8, 2018

Miscellaneous Notices

NOTICE OF ZONING CHANGES IN UNINCORPORATED MANATEE COUNTY

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Manatee County will

conduct a Public Hearing on August 23, 2018, at 9:00 a.m., or as soon thereafter as same may be

heard at the Manatee County Government Administrative Center, 1st Floor Chambers, 1112

Manatee Avenue West, Bradenton, Florida, to consider and act upon the following matters:

PDMU-17-29(Z)(G) - RHED PINE, INC. (OWNER)/ SPECIALTY RESTAURANTS

CORPORATION (contract purchaser) / WHISKEY JOE'S / 20170571


land development, amending the official zoning atlas (Ordinance No. 15-17, the Manatee County

Land Development Code) relating to zoning within the unincorporated area, providing for the

rezoning of approximately 0.82 acres of a 1.77 acre project at 5313 and 5315 19th Street East,

Ellenton (Manatee County) from RSF-6 (Residential Single-Family 6 du per acre) to the PDMU

(Planned Development Mixed Use) zoning district; approving a General Development Plan for

approximately 9,000 square feet of eating establishment with associated outdoor space and

waterfront structures on 1.77 acres; subject to stipulations as conditions of approval; setting forth

findings; providing a legal description; providing for severability, and providing an effective

date.

PDMU-18-01(Z)(P) SMT AUTO, LLC/CARMAX #6103 BRADENTON 20180001




rezoning of approximately 1.3 acres of an 8.5-acre site generally located 340 feet south of the

intersection of 14th Street West and State Road 70, commonly known as 5320 and 5400 14th

Street West, Bradenton (Manatee County) from GC (General Commercial) to the PDMU

(Planned Development Mixed-Use) zoning district; approving a Preliminary Site Plan for an

automobile dealership for the entire 8.5-acre site with an FAR of 0.02; subject to stipulations as



PDMU-18-02(Z)(G) DARRYL, DAVID & DIANE CANNON (OWNERS) /DEPIZZO

IRREVOCABLE TRUST (CONTRACT PURCHASER)/FT. HAMER SENIOR

LIVING/20180032




rezoning of an approximately 15-acre site generally located 660 feet north of the intersection of

Mulholland Road and Fort Hamer Road, commonly known as 2605 and 2705 Fort Hamer Road,

Parrish (Manatee County) from A/NCO (General Agriculture/North Central Overlay District) to

the PDMU/NCO (Planned Development Mixed-Use) zoning district, retaining the North Central

Overlay District; approving a General Development Plan for an assisted living and memory care

facility serving up to 179 residents and supporting offices totaling 42,500 square feet; subject to

stipulations as conditions of approval; setting forth findings; providing a legal description;

providing for severability, and providing an effective date.

PDMU-06-16(P)(R7) - UNIVERSITY GROVES - PLN 1803-0083


land development, to amend Ordinance No. PDMU-06-16(P)(R6) pertaining to approximately

142.15 acres on the north side of University Parkway and west of Tuttle Avenue, extending

approximately 1,000 feet west of Shade Avenue, and northward to the southern border of the

Oak Grove subdivision in the PDMU (Planned Development Mixed Use) zoning district;

providing for the approval of an amended Zoning Ordinance and Preliminary Site Plan to: 1) add

a land use equivalency matrix (LUEM) to allow for the conversion of approved project uses; 2)

increase the number of permitted multi-family units in Area IV, and allow multi-family units

within Area VI for a maximum total of 916 dwelling units for the entire project; 3) allow hotel

use in Area VI; 4) and other amendments for internal consistency; subject to stipulations as



Interested parties may examine the proposed Ordinance and related documents and may obtain

assistance regarding this matter from the Manatee County Building and Development Services

Department, 1112 Manatee Avenue West, 4th Floor, Bradenton, Florida; telephone number (941)

748-4501 x6878; e-mail to: [email protected]

All interested parties may appear and be heard at the meeting with respect to the proposed

Ordinances. According to Florida Statutes, Section 286.0105, any person desiring to appeal any

decision made by the Board of County Commissioners with respect to any matter considered at

said Public Hearing will need a record of the proceedings, and for such purposes he may need to

ensure that a verbatim record of the proceedings is made, which includes the testimony and

evidence upon which the appeal is to be based.

Rules of procedure for this public hearing are in effect pursuant to Resolution 16-068. A copy of

this Resolution is available for review or purchase from the Building and Development Services

Department (see address below).

Please send comments to:

Manatee County Building and

Development Services Department

Attn: Planning Coordinator

1112 Manatee Avenue West, 4th Floor

Bradenton, FL 34205

[email protected]

Americans with Disabilities: The Board of County Commissioners does not discriminate upon

the basis of any individual's disability status. This non-discrimination policy involves every

aspect of the Board's functions including one's access to and participation in public hearings.

Anyone requiring reasonable accommodation for this meeting as provided for in the ADA,

should contact Kaycee Ellis at 742-5800; TDD ONLY 742-5802 and wait 60 seconds, or FAX

745-3790.

THIS HEARING MAY BE CONTINUED FROM TIME TO TIME PENDING

ADJOURNMENTS.

MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS

Manatee County Building and Development Services Department

Manatee County, Florida

Date of pub: August 8, 2018

MANATEE COUNTY ZONING ORDINANCE PDMU-18-01(Z)(P) SMT AUTO, LLC/CARMAX #6103 BRADENTON

20180001

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT, AMENDING THE OFFICIAL ZONING ATLAS (ORDINANCE 15-17, THE MANATEE COUNTY LAND DEVELOPMENT CODE), RELATING TO ZONING WITHIN THE UNINCORPORATED AREA; PROVIDING FOR THE REZONING OF APPROXIMATELY 1.3 ACRES OF AN ± 8.5-ACRE SITE GENERALLY LOCATED 340 FEET SOUTH OF THE INTERSECTION OF 14TH STREET WEST AND STATE ROAD 70, COMMONLY KNOWN AS 5320 AND 5400 14TH STREET WEST, BRADENTON (MANATEE COUNTY) FROM GC (GENERAL COMMERCIAL) TO THE PDMU (PLANNED DEVELOPMENT MIXED-USE) ZONING DISTRICT; APPROVING A PRELIMINARY SITE PLAN FOR AN AUTOMOBILE DEALERSHIP FOR THE ENTIRE 8.5-ACRE SITE WITH AN FAR OF 0.02; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, SMT Auto, LLC (the “Applicant”) filed an application to rezone approximately 1.3 acres of an ± 8.5-acre site described in Exhibit “A”, attached hereto, (the “property”) from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district; and WHEREAS, the applicant also filed a Preliminary Site Plan for an automobile dealership for the entire 8.5-acre site with an FAR of 0.02 (the “project”) on the property; and WHEREAS, the applicant also filed a request for Specific Approval for alternatives to the Land Development Code Section 701.3.A.4 (Minimum Required Interior Landscaping Islands for Vehicle Use Areas); and WHEREAS, Building and Development Services staff recommended approval of the rezone, Preliminary Site Plan and Specific Approval applications subject to the stipulations contained in the staff report; and WHEREAS, the Manatee County Planning Commission, after due public notice, held a public hearing on August 9, 2018 to consider the rezone, Preliminary Site Plan and Specific Approval applications, received the staff recommendation and considered the criteria for approval in the Manatee County Comprehensive Plan and the Land Development Code; and WHEREAS, the Manatee County Planning Commission, as the County’s Local Planning Agency, found the applications consistent with the Manatee County Comprehensive Plan and to satisfy the criteria for approval in the Manatee County Land Development Code and recommended approval of the applications subject to the stipulations contained in the staff report. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA:


Section 1. FINDINGS OF FACT. The recitals set forth above are true and correct and are hereby adopted as findings by the Board of County Commissioners. The Board of County Commissioners, after considering the testimony, evidence, documentation, application for amendment of the Official Zoning Atlas, the recommendation and findings of the Planning Commission, as well as all other matters presented to the Board at the public hearing hereinafter referenced, hereby makes the following findings of fact: A. The Board of County Commissioners has received and considered the report of the Manatee County Planning Commission concerning the application for Official Zoning Atlas Amendment as it relates to the real property described in Exhibit “A” of this Ordinance from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district. B. The Board of County Commissioners held a duly noticed public hearing on August 23, 2018 regarding the proposed Official Zoning Atlas Amendment described herein in accordance with the requirements of Manatee County Ordinance No. 15-17, the Manatee County Land Development Code, and has further considered the information received at said public hearing. C. The proposed amendment to the Official Zoning Atlas regarding the property described in Exhibit “A” herein is found to be consistent with the requirements of Manatee County Ordinance No. 89-01, the Manatee County Comprehensive Plan. D. Notwithstanding the failure of this plan to comply with the requirements of Land Development Code Section 701.3.A.4., the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because the lack of parking island landscaping will be compensated by enhancing the amount of landscaping in the roadway buffer along Hwy 41. Section 2. PRELIMINARY SITE PLAN. The Preliminary Site Plan is hereby approved for an automobile dealership for the entire 8.5-acre site with an FAR of 0.02 upon the property subject to the following Stipulations: STIPULATIONS






B. INFRASTRUCTURE: 1. Connection to the County potable water and wastewater systems 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 appropriate County Master Plan. The connection shall be designed, engineered and permitted by the Applicant consistent with Manatee County Public Works Standards and approved by the County Engineer through the construction plans review process for the project.

C. ENVIRONMENTAL:

1. 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.



2. All fill within the 100-year Floodplain shall be compensated by the creation of an equal or greater storage volume above seasonal high water table. Drainage modeling shall utilize the data within the pending Bowlees Creek Watershed Study (most recent version on file at the Public Works Department) to demonstrate, in post-development condition, that no adverse impacts are created to adjacent property based upon a “no-rise” flood stage condition.

Section 3. SPECIFIC APPROVAL. Specific Approval is hereby granted for an alternative to Section 701.3.A.4 (Minimum required Interior Landscaping Islands for Vehicle Use Areas) of the Land Development Code. The Specific Approval shall continue in effect and shall expire concurrent with the Preliminary Site Plan for the project approved pursuant to Section 2 hereof. Section 4. AMENDMENT OF THE OFFICIAL ZONING ATLAS. The Official Zoning Atlas of Manatee County (Ordinance No. 15-17, the Manatee County Land Development Code) is hereby amended by changing the zoning classification of the property identified in Exhibit “A” herein from GC (General Commercial) to the PDMU (Planned Development Mixed-Use) zoning district and the Clerk of the Circuit Court, as Clerk to the Board of County Commissioners, as


well as the Building and Development Services Department, are hereby instructed to cause such amendment to the Official Zoning Atlas. Section 5. SEVERABILITY. If any section, sentence, clause, or other provision of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such section, clause, sentence, or other provision shall be deemed severable, and such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance. Section 6. CODIFICATION. Pursuant to § 125.68(1), Florida Statutes, this ordinance is not required to be codified. Therefore, the Clerk shall not transmit the ordinance for codification. Section 7. STATE AND FEDERAL PERMITTING. The issuance of the local development permit by the County shall not create any liability on the part of the County in the event the applicant fails to obtain the required state or federal agency approvals or permits or fails to fulfill the obligations imposed by any state or federal agency or undertakes actions that result in a violation of state or federal law. Section 8. EFFECTIVE DATE. This ordinance shall take effect immediately upon filing with

the Office of the Secretary of State, Florida Department of State. PASSED AND DULY ADOPTED, by the Board of County Commissioners of Manatee County, Florida on the 23rd day of August, 2018. BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA BY: _________________________ Priscilla Trace, Chairman ATTEST: ANGELINA COLONNESO Clerk of the Circuit Court and Comptroller BY: _________________________

Deputy Clerk


EXHIBIT “A”

LEGAL DESCRIPTION PARCEL 1: LOT 4, OF AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS STATE ROAD RIGHT OF WAY. PARCEL 2: THE NORTH TEN (10) FEET OF THE WESTERLY 174.8 FEET OF LOT 5, OF AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. PARCEL 3: LOT 5, OF AIRPORT SUBDIVISION, LESS THE NORTH TEN (10) FEET OF THE WESTERLY 174.8 FEET, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 45, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS STATE ROAD RIGHT OF WAY. AND ALSO LESS AND EXCEPT THAT PORTION OF THE ABOVE PARCELS AS DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2548, PAGE 1058, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. PARCEL 4: LOTS 6, 7, 8, 9 AND 80, OF REVISED AIRPORT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 66, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; LESS THE ROAD RIGHT OF WAY AS DESCRIBED IN ORDER OF TAKING RECORDED IN CIRCUIT COURT MINUTE BOOK 25, PAGE 119, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; AND ALSO LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO RACETRAC PETROLEUM IN DEED RECORDED IN OFFICIAL RECORDS BOOK 2327, PAGE 1347, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOTS 7, 8, 9, AND A PORTION OF THE EAST 9 FEET OF LOT 80, LESS THE NORTH 20 FEET OF LOT 7, REVISED PLAT OF AIRPORT SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 66, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, ALSO LESS ROAD RIGHT OF WAY AS DESCRIBED IN ORDER OF TAKING RECORDED IN CIRCUIT COURT MINUTE BOOK 25, PAGE 119, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID REVISED PLAT OF AIRPORT SUBDIVISION, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF


TAMIAMI TRAIL (U.S. HIGHWAY 41) (14TH STREET WEST) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 13010 (117)(201)(119)- 2502); THENCE LEAVING SAID WEST RIGHT OF WAY LINE N 89 DEGREES 45'02"W, A DISTANCE OF 300.00 FEET TO A POINT; THENCE N 00 DEGREES 25'48"E, A DISTANCE OF 280.00 FEET TO A POINT; THENCE S 89 DEGREES 45'02"E, A DISTANCE OF 300.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF TAMIAMI TRAIL (U.S. HIGHWAY 41) (14TH STREET WEST); THENCE ALONG SAID WEST RIGHT OF WAY LINE S 00 DEGREES 25'48"W, A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NORTH 120 FEET OF THE EAST 9 FEET OF SAID LOT 80. CONTAINING A TOTAL AREA OF 370,196 SQUARE FEET OR 8.499 ACRES OF LAND, MORE OR LESS.

carmax zoning ordinance - manatee clerk · 2018-08-23 · manatee county zoning ordinance...

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