MAY 4, 1989 (Cont'd) CITIZEN REQUESTS FOR FUTURE LAND USE MAP CHANGES. Central Garden Subdivision - Map Sheet 19, Section 8 - (15 acres)

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1 MAY 4, 1989 The Board of County Commissioners, Manatee County, Florida, met in SPECIAL SESSION in the Bradenton Financial Center, 1401 Manatee Avenue West, Bradenton, Florida, Thursday, May 4, 1989, at 6:35 p.m. Present were Commissioners: Patricia M. Glass, Chairman Kathy A. Snell, Chairman Pro Tern Kent G. Chetlain Maxine M. Hooper Edward W. Chance, Vice-chairman, entered during the meeting Also present were; Mark Barnebey, Assistant County Attorney Donald E. Barry, Assistant Clerk, representing R. B. Shore, Clerk of Circuit Court Representatives of the various news media were present. The meeting was called to order by Chairman Glass. All witnesses/staff giving testimony were duly sworn. (Terry Remijio, Court Reporter, present) COMPREHENSIVE PLAN REVISION Public Hearing(Notice in The Bradenton Herald 4/21,28/89) was opened to consider ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING, REVISING, AND REPLACING IN ITS ENTIRETY THE COMPREHENSIVE PLAN OF MANATEE COUNTY, FLORIDA, WHICH WILL CONTROL FUTURE LAND USE, PUBLIC FACILITIES, AND NATURAL RESOURCES PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT (PART 11 OF CHAPTER 163, FLORIDA STATUTES), INCLUDING GENERAL INFORMATION AND DEFINITIONS, FUTURE LAND USE, CONSERVATION, COASTAL MANAGEMENT, TRAFFIC CIRCULATION, MASS TRANSIT, AVIATION, PORT, HOUSING, RECREATION AND OPEN SPACE, PUBLIC FACILITIES, CAPITAL IMPROVEMENTS, INTRAGOVERNMENTAL AND INTERGOVERNMENTAL COORDINATION, AND PLAN MONITORING AND EVALUATION ELEMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Rosemarie Fallen, Interim Director Planning & Development, stated the purpose of this public hearing is to address objections, recommendations and comments received from Department of Community Affairs (DCA) on the proposed Comprehensive Plan (submitted 12/1/88). She stated that in accordance with s , Florida Statutes, the County has 60 days in which to adopt the proposed Plan with the necessary changes, based upon additional public hearings and responses to DCA's comments. She noted that in order to allow the public an opportunity to review the planned document, in addition to comments made during this meeting, public hearing on Ordinance will be continued to May 11, 1989 (2 p.m.) at which time, action will be taken. (Enter Mr. Chance) Mark Barnebey, Assistant County Attorney, and H. Hamilton Rice, County Attorney, addressed rules regarding individuals speaking at the first hearing waiving the right to speak at the continuation of the hearing. Mr. Chance moved that the rule be waived regarding being able to speak at both public hearings. Motion was seconded by Mrs. Hooper and carried unanimously. 6JL1 ^

2 812 CITIZEN REQUESTS FOR FUTURE LAND USE MAP CHANGES Central Garden Subdivision - Map Sheet 19, Section 8 - (15 acres) Request by Leslie & Kathy Hayes to redesignate properties from RES-9 to ROR or OL in Central Gardens Subdivision and property at nd Avenue East. Staff recommends retaining the RES-9 designation. Leon Kotecki, Comprehensive Planning, addressed an aerial photo of Map Sheet 20 and depicted surrounding development in the area. He listed reasons for retaining RES-9: 1) Physical Conditions in Area - Existing homes (49) in subdivision; areais growing; sufficient means of access to subdivision; six-laning of State Road (SR) 70 is proposed. 2) Comparison with Other Areas - ROR traffic volume; residentialsurroundedby various development resulting in homes for sale. RES-9 more stable. Patricia Petruff, representing Central Gardens Subdivision homeowners, submitted letter (5/4/89), comments from surrounding residents and a petition requesting ROR redesignation. She stated: Access is via two dirt roads; one road will be closed when the Department of Transportation (DOT) widens SR 70; area homes are losing value due to strip commercial development. Miles Tolar, resident of Central Gardens, concurred with Ms. Petruff and stated the subdivision is the only housing project in the area. Ms. Snell moved that the Central Gardens Subdivision request, to be included in the Future Land Use Map from RES-9 to ROR, be approved. Motion was seconded by Mrs. Hooper and carried unanimously. Mr. Rice noted that having taken action on this matter constitutes that no further public comments be taken on the May 11, 1989 date. Seagate Square (Campeau Corporation) - Map Sheet 18, Sections 35, 36 - (15 acres) Request by Zoller, Najjar & Schroyer Inc. to expand the ROR classification to cover the portion of property currently zoned Commercial (designated RES-6), west of Sarasota-Bradenton Airport. Staff APPROVED the request. Mr. Kotecki said the parcel extends to Sarasota Bay and a residential subdivision exists to the south. The request involves squaring off the parcel line. John Shea, representing Seagate Square developers, supported the request. Klaus Schellenberger, resident, situated two parcels away from the subject property, opposed the request as any commercial zoning into the residential area will result in lowering the value of homes. Discussion: RES-6 allows for non-residential uses of small/medium retail; to allow commercial in a residential zone, location must be at an intersection of two major arterials. Adam Carnegie, Florida Land Design & Engineering (FLD&E), said ROR is proposed on the frontage only. The rear portion cannot be developed into any type of commercial if retained RES-6. All commercial would have to be located on the front eastern portion of the site. Cheryl Spencer pointed out her property should remain RES-6 and feels the proposed change will increase traffic on North Tamiami Trail. Discussion: Property presently zoned commercial; all C and C-l uses permitted in ROR land use designation; up front acreage involved.

3 Terry Dean, Uplands Subdivision resident, said her property abuts the subject parcel and she opposed the request. Dickson Stauffer, representing Whitfield Estates-Ballentine Manor Estates Association, said errors were found on map sheets, as one plan shows front and back portions of the site zoned C-l. FLD&E showed them as ROR. A second plan reflected a portion of C-l as RES-6. Hildegarde Bell requested preservation of Uplands Subdivision. Gertrude Schellenberger spoke in opposition to the request. Discussion: Entire parcel 24 acres; request effects 15 of 24 acres; existing homes on north/south; encroachment into residential area; definition/range of ROR uses; intent of land use designation; property zoned C-l approximately eight years; potential range of RES-6 uses; continue to 5/11/89; retaining RES-6 on frontage requires no action. Mr. Chetlain moved to retain the RES-6 on this particular piece of property. There being no second, the motion died. Disposition; No change; RES-6 retained. Map Sheet 18, Section 35 - (Less than 2 acres) Request by Dickson Stauffer to refine lines designating OL and ROR to show OL to area north of Westmoreland and east of Broughton Streets. Refine lines designating ROR for all areas marked C/WR on the zoning map, and RES-3 for all areas marked PR/WR, R2/WR and R1B/WR on the zoning map. Staff APPROVED the request. Motion was made by Mrs. Hooper to approved the request. Motion was seconded by Mr. Chance and carried unanimously. Map Sheet 6, Sections 19, 30, 31 - (Approximately 25 acres) Request by Thomas W. Harrison to revise the Traffic Circulation Element to illustrate an arterial road between U.S. 301 and Moccasin Wallow Road west of Parrish, in northern Manatee County. Staff recommends addition of the new road, to be classified as a minor collector within the Traffic Circulation Element of the Comprehensive Plan. Tom McCollum, Zoller, Najjar and Schroyer, submitted letter (5/4/89) from Thomas Harrison announcing his title as Trustee to the properties involved and letter (5/15/89) from Dan Zoller noting the need for the arterial road. Mrs. Hooper moved approval of the request for revised Traffic Circulation Element. Motion was seconded by Ms. Snell and carried unanimously. Map Sheet 5, Section 18 - (46.3 acres) Request by Hugh McGuire to redesignate a parcel from IL to IH in proximity to Port Manatee; also an objection to Special Exception provisions; request for cutoff date to be date of Plan adoption. Staff recommends land use designation from IL to IH to coincide with M-2 Heavy Industrial District rezone (approved 4/13/89) Tom Reese, representing Manasota 88, spoke in opposition for reasons of 1) Incompatibility with adjacent land uses, and 2) Violation of policy establishing buffer zones around aquatic preserves. Hugh McGuire, representing Herman & Mildred Drawdy (Pomco Associates Inc.), suggested the Board review the Port Manatee Industrial Area contained within the Comprehensive Plan. He assured all requirements, including adequate buffering, have been met. Mrs. Hooper moved to accept the staff recommendation. Motion was seconded by Mr. Chance. Voting "Aye" were Mrs. Hooper, Mr. Chance, Ms. Snell and Mrs. Glass. Mr. Chetlain voted "Nay". Motion carried. 613

4 14 Map Sheet 12, Section 11 - (50 acres) Request by Kent Geartz/Robert Murdock to redesignate a parcel of land from RES-3 to RES-9 in Ellenton Area on 25th Street East. Mr. Kotecki withdrew this item from the agenda. Recess/Reconvene. All members present. Map Sheet 18, Section 8 Request by Lombardo & Skipper, Inc. involves determination of vested rights for Timber Creek. Staff gave no recommendation. Staff determined no action is required as this is not an issue for land use map consideration. Disposition: No action taken. Custer Bayou - Terra Ceia - Map Sheet 4, Section 27. Request by Michael Pack to secure Preliminary Subdivision Plat approval prior to May 12, Staff recommended no action as the plat has not been submitted. Disposition: No action taken. Map Sheet 19, Section 6 (Approximately 5 acres). Request by Manatee Glens Treatment Facility to redesignate property from RES-6 to P/SP(2) upon which the facility is located on 26th Avenue East. Staff APPROVED the request. Mr. Kotecki clarified the site is 10 acres in size. Steven Thompson stated Manatee Glens has a 99-year lease with the County to operate/maintain a community mental health facility. The RES-6 designation does not accurately reflect current and proposed site uses as allowed under the lease agreement. Discussion: Parcel designated RES-6 because of its small size. Ms. Snell moved to change the designation on the Future Land Use Map on 26th Avenue East for subject property to Public/Semi-Public(2). Motion was seconded by Mr. Chetlain and carried unanimously. Map Sheet 5, Section 20 - (Approximately 40 acres). Request by Zoller, Najjar & Schroyer Inc. to redesignate property from RES-6 to MU east of Mixed Use designation in northeast quadrant of U.S. 41 N and interchange. Mr. Barnebey noted the property is approximately one mile from the northeast quadrant and not located within that section. Mr. McCollum requested continuance to May 11, Disposition: Continued to May 11, Map Sheet 5, Section 20 - (Approximately 55 acres). Request by L.H. Glasgow to redesignate property from RES-6 to MU northwest of non-local access and 1-75 interchange. Mr. Kotecki reported the parcel has no access to 1-75; its only access is provided via Barnett Road. H.E. Burton, stated the parcel consists of 28 acres. The property is contiguous to land already designated MU on the Future Land Use Map and owned by the same party.

5 He advised that upon discussion of future development with Highway Department staff, indication was given that any development located in MU zoning will be required to have a secondary means of access. He pointed out the property is unique because of its size and location where two intersections connect; he requested consideration be given to future development in that area. Tom Reese, representing Manasota 88, concurred with staff. Mr. Chance moved that the request to change the proposed land use map be approved. Motion was seconded by Mrs. Hooper. Voting "Aye" were Mr. Chance, Mrs. Hooper, Ms. Snell and Mrs. Glass. Mr. Chetlain voted "Nay". Motion carried. Map Sheet 18, Section 6; Map Sheet 17, Section 1 - (42.5 acres) Request by Paster & Roback to retain the current density allowed by present zoning (R-l & R-2) on property north of Cortez Road and fronting the west side of Palma Sola Bay Boulevard. Mr. Chance moved to approve staff recommendation to deny the request. Motion was seconded by Ms. Snell. Motion was withdrawn. Disposition: RES-6 retained. Map Sheet 18 - (Approximately 3 acres) Request by Teri Louloudes to redesignate area from RES-9 to ROR between 101st and 103rd Street West on the south side of Cortez Road and Bantam Shopping Plaza on the north side of Cortez Road. Staff APPROVED the request. Mr. Kotecki utilized an overview depicting the site and surrounding properties. Teri Louloudes, representing her sons who own the property, stated a motel has existed on the C-1A zoned, 1^ lot site for years. She spoke in favor of the ROR designation. Mrs. Hooper moved to accept staff recommendation. Motion was seconded by Ms. Snell and carried unanimously. Map Sheet 17, Section 1 - (3.5 acres) Request by Alan Prather to redesignate a property from RES-6 to ROR on the northeast corner of Cortez Road and 86th Street West (Palma Sola Boulevard). Staff recommends retaining the RES-6 to coincide with decision at November 16, 1988 public hearing. A letter (5/4/89) from Alan Prather, requesting continuance to May 11, 1989, was entered into the record. Disposition; Continued to May 11, Map Sheet 19, Section 16 - (Approximately 6 acres) Request by Lee Walker Pearson to redesignate properties from RES-6 to ROR fronting on the north side of SR 70 from Jeff's Creek (west edge) to 45th Street East (east edge). and Map Sheet 19, Section 15, 16 - (Approximately 13 acres) Request by Lee Walker Pearson to redesignate all land along SR 70, from 30th St. E. to 1-75, from RES-6, RES-3 and RES-9 to ROR. Staff recommends retaining RES-6, RES-3 and RES-9 designations. Lee Walker Pearson requested a commercial designation be granted. Discussion: "Commercial" not a land use designation on Future Land Use Map; commercial and residential uses allowed with ROR designation; RES-6 sets restrictions on type of commercial use; ROR provides latitude in commercial uses. 615

6 616 MAY 4, 1989 (Confd) Lois Gamble, 53rd Avenue East (SR 70), stated nine homes exist between Peridia and 45th Street East which are in the path of proposed commercial zoning. She requested ROR land use designation. Motion - Pearson Request at 45th Street East V[t~.Chance movedthe requestfor ROR(Map Sheet 19, Section 16) be approved. Motion was seconded by Mrs. Hooper and carried unanimously. Pearson Request at 30th Street East (Continued) Douglas Wilson,wholivesin the area, pointed out that from 30th Street East to 1-75 involves approximately three miles of land rather than the 13 acres listed. Discussion: Owner of 30th Street property; individual requesting ROR redesignation does not own the land; request affects all frontage on SR 70; request is not for a rezone but determination of land use; request does not have to come from the property owner. Paul Christ addressed concerns of existing and proposed designations to the 30th Street East request. (NOTE: To be taken up later in the meeting) Terry Manning, Department of Community Affairs (DCA), entered a letter (4/24/89) from Robert Nave, Bureau of Local Planning, confirming her participation at this public hearing. She stated the purpose of her attendance is to restate DCA's position as expressed in the Objections, Recommendation & Comments Report, to listen to all requests and to modify DCA's position or approve proposals discussed. Map Sheet 19, Section 16 - (Approximately 25 acres) Request by Dye, Scott & Dietrich to redesignate the southeast corner of SR 70 and 45th Street East from RES-6 to ROR. James Dye, representing developers of a project proposed at the southeast corner, requested ROR be granted as a Final Site Plan has been approved for a 235,000 square foot shopping center. He stated that because the property is categorized as RES-6 and commercial development is capped at 150,000 square feet, conflict exists between what is approved and what is allowed. Zohier Chehayeb, project engineer, responded to questions. Paul Christ requested RES-6 be retained. Disposition: No action taken; RES-6 retained. Map Sheet 20, Section 32 - (Approximately 40 acres) Request by James Farr to redesignate property from RES-6 to ROR on University Parkway west of current ROR-designated property, west of Tuttle Road. James Farr requested continuance to May 11, Elsie Moon spoke against any future development along the corridor until University Parkway is multi-laned. Disposition: Continued to May 11, Map Sheet 19, Section 32 - (Approximately 70 acres) Request by Harold Whitcomb to redesignate a parcel from RES-6 to ROR fronting University Parkway between New U.S. 301 and Tuttle Avenue.

7 MAY 4, 1989 (Confd) Disposition: Continued to May 11, Map Sheet 19, Section 32 - (78 acres) Request by Jeannie Skinner to redesignate property from RES-6 to IL located north of University Parkway, east of New U.S Staff noted this is a resubmission of an old request (approved 9/28/88) and recommended retaining the IL designation. Disposition: No action required; IL retained. Map Sheet 19, Section 36; Map Sheet 20, Section 31 - (No acreage determination) Request by Doug Wilson to designate a Regional Activity Center (RAC) for area on the east side of 1-75 at University Parkway, if RAC designation is considered for area on the west side of Staff recommends no Regional Activity Center designation be applied to the area to coincide with decision at November 16, 1988 public hearing. Doug Wilson requested continuance to May 11, Disposition: Continued to May 11, ADDITIONAL REQUESTS FOR FDTDRE LAM) PSE MAP CHANGES (Not on Agenda) Ms.Fallenreportedthreeadditionalrequestswere received after agenda distribution. She suggested they be announced at this meeting and addressed May 11, Snead Island - Map Sheet 11 Request by Dye, Scott & Dietrich for RES-3 designation. 2. Port Authority Land - Map Sheet 5 Request by Claude McGavic, Director, for IH designation. 3. North County Area Request by Bill Bentz, Design Group West, for ROR designation. Ms. Petruff, representing Quality Aggregrates Inc., entered a letter (5/4/89) addressing Item No. 7 of Citizens Requests for Plan Text Changes addressing permitting of asphalt processing in conjunction with major earthmoving of sand and shell. Steve Pfeiffer, representing 1000 Friends of Florida, entered letter/observations (4/11/89) of the Comprehensive Plan. PARKS AND RECREATION LEVEL OF SERVICE Mr.Carnegiedistributedhand-out material addressing Parks & Recreation Recommended Level of Service (LOS) Standard. Discussion: Draft of revised Plan must be available for public review prior to 5/11/89; conduct work session 5/8/89; public hearing must be continued to 5/11/89. Recess/Reconvene. All members present. Discussion: Legality for work session without proper public notice. GENERAL PUBLIC COMMENTS Doug Wilson requested permission to address aspects of the Recreation & Open Space Element on May 11, Ben Oschorn, Gulf Coast Legal Services, representing the Lincoln Action Committee, expressed concern regarding Policy , Implementation Mechanism of the Affordable Housing Element. Elsie Moon urged increasing impact fees rather than lowering the Parks & Recreation LOS. 17

8 618 MAY 4r 1989 (Confd) James Dye entered letters (May 1-3, 1989) on behalf of E.S. Reasoner requesting reconsideration of 1) equal density on the mainland (30 acres) at the west end of 9th Avenue N.W. as for Perico Island; 2) a convenience store, fishing facilities & RV park on both sides of SR 64 at SR 675 intersection; and 3) restoration of commercial use on the southeast of Riverview Boulevard at 71st Street Northwest. Ms. Fallen distributed a revised copy of proposed Ordinance No Karen Lloyd, representing First Florida Bank (personal representative of Hubert Rutland Estate), submitted letters reiterating concerns and objectives addressing watershed protection. Regarding the legality of conducting a work session May 8, 1989, the County Attorney advised that by Resolution, the Board adopted provisions governing the holding of work sessions with a 5-day notice requirement to the public. PARKS AND RECREATION LEVEL OF SERVICE (Cont'd) Mr.CarnegieaddressedPage5olParks & Recreation LOS hand-out, "What LOS Manatee County Can Currently Afford", reviewing Revenue Source Information for Fiscal Year (FY) He addressed Capital Cost Information stating three local sites (out of six) are available for park construction needed for FY and can be provided at $250,000 per park. Early expenditures for district parks are targeted for Blackstone Park. He outlined Capital Costs FY 90-95, at the recommended LOS standards as follows Local Parks: $250,000 $1,500,000 District Parks: Blackstone Improvements 200,000 S.E. District Park 2,000,000 $3,700,000 and reviewed the relationship of Cost vs. Revenue observing the FY Funding Shortfall. Alternatives required to change the LOS standards to offset the shortfall are: 1. Reduce local park LOS only 2. Reduce district park LOS only Joe Miller, Director Parks & Recreation, presented the option of reducing the LOS for local parks and concentrate on efforts for district parks. He introduced additional LOS options: 1. Reduce local park costs. 2. Work with school system in joint effort of park/school development. 3. Work with school system on Public Education Cooperative Outlay (PECO) fund utilization. Doug Wilson, representing the Citizen Advisory Committee, recommended 1) Utilizing school sites as local parks (share facilities); 2) Eliminating "neighborhood" parks and incorporate into local parks; 3) Examining the absence of recreational facilities in east-county area; and 4) Seeking other revenue source to fund FY shortfalls. Mr. Miller characterized a "local park" - two ballfields, a playground, a baseball field, a shelter, parking and picnic area; totaling approximately acres (i.e. Blackstone park). In response to the amount of funds needed in the upcoming budget to implement the Recreation & Open Space Element, he presented funding options:

9 Option 1 - Maintain current costs of district & local parks resulting in $1.2 million for the next five years of which $400,000 is anticipated from impact fees ($800,000 shortfall) OR Option 2 - Maintain LOS and reduce local park construction costs from $500,000 to $250,000; reduce district park cost to $2,000,000 ($150,000 shortfall for the next 6 years - $900,000). He explained Option 2 will not lower the LOS, but challenge Parks & Recreation to seek grants, land donations and work with the school system on PECO fund utilization to develop a district park next to high school sites. Motion was made by Ms. Snell not to reduce the Level of Service; to remain with what is in the Plan currently; task staff and the committee to seek other sources of revenues, minimize the costs, and revisit the issue in six months or a year. Motion was seconded by Mr. Chetlain. Discussion: Thoroughly review impact fees as funding source. Vote Motion carried unanimously. Mrs. Hooper moved this meeting be continued to May 11, 1989 at 2 p.m. in these chambers or as soon thereafter the same may be heard. Motion was seconded by Mr. Chetlain and carried unanimously. MEETING RECESSED There being no further business, the meeting was recessed. APPROVED: ^/<Lr. ^h > ^^^ Chairman nl/il^ Adj: rf:05 p.m. /ri-a..^.,,,.' ' 19