ACRE/COASTAL HIGH HAZARD AREA OVERLAY DISTRICT) TO PDR (PLANNED DEVELOPMENT RESIDENTIAL) AND PDR/CH (PLANNED

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1 MANATEE COUNTY ZONING ORDINANCE PDR-00-15(Z)(G) - DR. JACK JAWITZ AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE NO (THE MANATEE COUNTY LAND DEVELOPMENT CODE) RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY;^ PROVIDING FOR THE REZONING OF CERTAIN LAND FROM RSF-2^ (RESIDENTIAL SINGLE-FAMILY, 2 DWELLING UNITS PER ACRE) AND RSF-^0 2/CH (RESIDENTIAL SINGLE-FAMILY, 2 DWELLING UNITS PER ACRE/COASTAL HIGH HAZARD AREA OVERLAY DISTRICT) TO PDR (PLANNED DEVELOPMENT RESIDENTIAL) AND PDR/CH (PLANNED DEVELOPMENT RESIDENTIAL/COASTAL HIGH HAZARD AREA OVERLAY DISTRICT); PROVIDING AN EFFECTIVE DATE; AND APPROVAL OF A GENERAL DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF AN ^ V" c=» ATTACHED GARAGE STRUCTURE WITH ADDITIONAL LIVING QUARTERS, AND GRANTING SPECIAL APPROVAL FOR 1) A PROJECT ADJACENT TO A PERENNIAL STREAM; AND 2) A PROJECT AT LEAST PARTIALLY LOCATED IN THE COASTAL HIGH HAZARD (CH) OVERLAY DISTRICT. MANATEE COUNTY, FLORIDA: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF Section 1. FINDINGS OF FACT. The Board of County Commissioners of said County, after considering the testimony, evidence, documentation, application for amendment of the Official Zoning Atlas, the recommendation and findings of the Planning Commission of said County, as well as all other matters presented to said 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 Section 4 of this Ordinance from RSF-2 (Residential Single-Family, 2 dwelling units per acre) and RSF-2/CH (Residential Single- Family, 2 dwelling units per acre/coastal High Hazard Area Overlay District) to PDR (Planned Development Residential) and PDR/CH (Planned Development Residential/Coastal High Hazard Area Overlay District). B. The Board of County Commissioners held a public hearing on.februa.ry 27, 2001 regarding said proposed Official Zoning Atlas Amendment described herein Hft^accd^ance with the requirements of Manatee County Ordinance No , the Manatee^'County^LancH Development Code, and has further considered the information received at said public hearing"-!,''. [ c"> C. The proposed amendment to the Official Zoning Atlas regardii-jhthe property--; described in Section 4 herein is found to be consistent with the requirements of Manatee County.,; Ordinance No , the Manatee County Comprehensive Plan. ^,- '-^-.-' E^. o Section 2. The General Development Plan is hereby APPROVEd^to-iallow the construction of an attached garage structure with additional living quarters, and granting Special Approval for 1) a project adjacent to a Perennial Stream; and 2) a project at least partially located

2 Page 2 - PDR-00-15(Z)(G) - Dr. Jack Jawitz in the Coastal High Hazard (CH) Overlay District subject to the following stipulations and Specific Approval: STIPULATIONS 1. The setbacks for all structures on this property are as follows: Front - 25' Side-10' Rear and waterfront -11' (measured from structure to seawall) Note: The northeast corner of existing residence has a setback of 6.7' from the segment of seawall running north-south. 2. The density of this property is limited to one single-family residence only. 3. Prior to application for building permits a Preliminary/Final Site Plan shall be approved. 4. Planning staff shall identify representative tracts of native vegetation to be preserved with Final Site Plan approval. 5. In accordance with Policy of the Comprehensive Plan, all nuisance exotic plants shall be removed from the site in accordance with an exotic species removal plan approved by EMD prior to Final Site Plan approval. Removal shall not be required if extreme soil stabilization measures would be required to prevent soil erosion. 6. The maximum height for structures on this site shall be 35 feet as defined by the Land Development Code. SPECIFIC APPROVAL: 1. Specific Approval of an alternative to Section of the Manatee County Land Development Code to reduce the waterfront setback from 25 feet to 11 feet. Section 3. AMENDMENT OF THE OFFICIALZONING ATLAS. The Official Zoning Atlas of Manatee County, Ordinance No , the Manatee County Land Development Code, is hereby amended by changing the zoning district classification of the property identified in Section 4 herein from RSF-2 (Residential Single-Family, 2 dwelling units per acre) and RSF-2/CH (Residential Single-Family, 2 dwelling units per acre/coastal High Hazard Area Overlay District) to PDR (Planned Development Residential) and PDR/CH (Planned Development Residential/Coastal High Hazard Area Overlay District), and the Clerk of the Circuit Court, as Clerk to the Board of County Commissioners, as well as the Planning Department, are hereby instructed to cause such amendment to the said Official Zoning Atlas. Section 4. LEGAL DESCRIPTION. BEGINNING ON THE EAST LINE OF LOT 4 OF SANSTERRE BLOCK ACCORDING TO THE PLAT

3 Page 3 - PDR-00-15(Z)(G) - Dr. Jack Jawitz OF SANSTERRE BLOCK, BLOCK 6-B AND PART OF BLOCK 6, TOWN OF PALMA SOLA WHICH APPEARS OF RECORD ON PAGE 128 OF PLAT BOOK 1, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, AT ITS INTERSECTION WITH THE NORTH LINE OF THE SHORE ROAD; THENCE RUNNING WEST ALONG THE NORTH SIDE OF SHORE ROAD, 248 FEET; THENCE N 26 W, 172 FEET, MORE OR LESS TO THE CEMENT POST; THENCE N 27 30' E, 301 FEET, MORE OR LESS, TO THE WATER OF THE MANATEE RIVER; THENCE NORTHWESTERLY, MEANDERING ALONG SHORE OF THE RIVER, 258 FEET, MORE OR LESS, TO HEDGE, WHICH IS POINT OF BEGINNING THENCE ALONG THE SHORE OF RIVER NORTHWESTERLY, 468 FEET, MORE OR LESS, TO THE WEST LINE OF U.S. LOT 4, SECTION 20, TOWNSHIP 34 SOUTH, RANGE 17. EAST; THENCE SOUTH ALONG SAID LINE, 30 FEET, MORE OR LESS. TO SHORE OF BAYOU; THENCE SOUTHEASTERLY, ALONG SHORE OF BAYOU, 472 FEET, MORE OR LESS TO HEDGE, FORMING EAST LINE OF PROPERTY; THENCE NORTH ALONG HEDGE 153 FEET, MORE OR LESS, TO POINT OF BEGINNING, TOGETHER WITH RIPARIAN RIGHTS TO BOTH RIVER AND BAYOU. SUBJECT TO EASEMENT FOR SHORE ROAD, TELEPHONE, ELECTRIC AND POWER LINES. PLUS: A PARCEL OF SUBMERGED LAND IN THE MANATEE RIVER IN SECTION 20, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE NORTH, FEET; THENCE WEST 530 FEET TO AN IRON PIPE MARKING THE SOUTHEAST CORNER OF LOT 4, SANSTERRE BLOCK; BLOCK 63 (*) AND PART OF BLOCK 6, TOWN OF PALMA SOLA, PLAT BOOK 1. PAGE 128 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE CONTINUE WEST, FEET; THENCE NORTH FEET TO A CONCRETE MONUMENT; THENCE N 27 20'33" W, FEET TO AN IRON ROD MARKING THE EASTERLY LINE OF LANDS OF HUGO GREISEN, BEING THE SAME EAST LINE AS DESCRIBED IN OFFICIAL RECORD BOOK 139, PAGE 411 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 30 45'38" E, FEET ALONG SAID EASTERLY LINE TO ITS INTERSECTION WITH A CONCRETE SEAWALL FOR THE POINT OF BEGINNING THENCE CONTINUE N 30 45'38" E, FEET TO ITS INTERSECTION WITH THE MANATEE COUNTY BULKHEAD LINE, SAID INTERSECTION MARKED AS X AND Y ; THENCE NORTHWESTERLY, ALONG SAID BULKHEAD LINE, BEING A CURVE, CONCAVE TO SOUTH, HAVING A RADIUS OF 3800 FEET, DELTA ANGLE OF 07 23'33", LONG CHORD OF FEET ON A CHORD BEARING OF N 68 25'43" W, A DISTANCE OF FEET TO ITS INTERSECTION WITH THE WEST LINE OF U.S. GOVERNMENT LOT 4 OF SAID SECTION 20, SAID INTERSECTION MARKED X AND Y ; THENCE SOUTH, ALONG SAID WEST LINE, FEET TO THE HIGH WATER LINE OF THE MANATEE RIVER; THENCE S 63 55'37" E, ALONG SAID HIGH WATER LINE, FEET; THENCE S 61 05'02" WATER LINE AND CONCRETE SEAWALL TO THE POINT OF BEGINNING. LESS: E, FEET ALONG SAID HIGH COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA; THENCE NORTH FEET; THENCE WEST, 530 FEET TO THE SOUTHEAST CORNER OF LOT 4, SANSTERRE BLOCK, BLOCKS 6-B AND PART OF BLOCK 6, TOWN OF PALMA SOLA, PLAT BOOK 1, PAGE 128 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE CONTINUE WEST, FEET; THENCE NORTH FEET; N 27 20'33" W, FEET TO AN IRON ROD MARKING THE EASTERLY LINE OF LANDS OF HUGO GREISEN, BEING THE SAME EAST LINE AS DESCRIBED OFFICIAL RECORD BOOK 139, PAGE 411 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING THENCE N 30 45'38" E, ALONG SAID EAST LINE, FEET TO A CONCRETE SEAWALL; THENCE CONTINUE N 30 45'38" E, FEET TO ITS INTERSECTION WITH THE MANATEE COUNTY BULKHEAD LINE, SAID INTERSECTION MARKED AS X-300, Y-1,154,436.50; THENCE NORTHWESTERLY, ALONG SAID BULKHEAD LINE, BEING A CURVE, CONCAVE TO SOUTH, HAVING A RADIUS OF FEET AND A DELTA ANGLE OF 2 17'20", A DISTANCE OF FEET TO A POINT MARKED X-300, Y-1,154, ; THENCE S 38 22'39" CONCRETE: SEAWALL; THENCE CONTINUE S 33 37'20" W, FEET TO SAID W, 161 FEET, MORE OR LESS, TO THE SHORELINE OF WARNERS EAST BAYOU; THENCE SOUTHEASTERLY, ALONG SAID SHORELINE, 165 FEET, MORE OR LESS, TO A POINT THAT LIES S 30 45'38" FROM THE POINT OF BEGINNING; THENCE N 30 45'38" W, AND 51 FEET, MORE OR LESS, E, 51 FEET, MORE OR LESS TO THE POINT OF BEGINNING. LESS RIGHT-OF-WAY FOR RIVERVIEW BOULEVARD, TOGETHER WITH ALL RIPARIAN RIGHTS THEREINTO APPERTAINING.

4 Page 4 - PDR-00-15(Z)(G) - Dr. Jack Jawitz * DESCRIPTION PROVIDED FOR SUBMERGED LAND SHOWN BLOCK AS "63". SHOULD BE 6-B. OBVIOUS ERROR. Section 5. 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 27th day of February, BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA BY: mca^ Chairman.tit»""""«/, t ( s^ll R. B. SHORE Clerk of the Circuit Court t-^.^f-y. >.'""., STATE Of FLORIDA, COUNTY r. :,-ANATEE ^- '^Ty.Cp.'-,., TT»H i* la certit» tli»t tt«lo;^-'^:: 2 lfu9am A0- ''/^\ c<irr«rtcowoiai«doeiiimnticnrile_iwotfce, fe:' S E A L ; " SB: ar.rt.l :z:wunu»jnwa*moniciti»85ii.»i'"«--"i" wii(iu«jn ^ offlc1*1'"' ' '"' ^of fe. _^JYVi^h.,.0; '--.:!""- / 'tillllmw TSS. ^ma

5 DIVISIONS OF FLORIDA DEPARTMENT OF STATE HISTORIC PRESERVATION BOARDS Office of the Secretary /%^^B8^3&%t, Historic Florida Keys Preservation Board Division of Administrative Services /Sa^RI^^^ Historic Palm Beach County Preservation Board Division of Corporations f&fie^^^^b&i Hist("ic Pensae01-1 Preservation Board Division of Cultural Affairs B^S^^^^^^^J Historic St. Augustine Preservation Board Division of Elections ^^^^g^ ^^ Tallahassee Preservation Board Division of Historical Resources N'^^^?1^7 Historic Tampa/Hillsborough County Division of Library and Information Services Division of Licensing ^.^"^p' '-»^- Preservation Board RINGLING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Secretary Harris of State RECEIVED DIVISION OF ELECTIONS MAR BOARD RECORDS March 26, 2001 Honorable R. B. Shore Clerk of the Circuit Court and Comptroller Manatee County Post Office Box 1000 Bradenton, Florida Attention: Janene Keamey, Deputy Clerk Dear Mr. Shore: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge receipt of your letters dated March 22, 2001 and certified copies of Manatee County Ordinance Nos. PDR-00-07(Z)(G), PDR-00-15(Z)(G), PDR-00-18(Z)(P) and Z-00-13, which were filed in this office on March 26, As requested, the original date stamped copies are being returned for your records. Sincerely, ^QUu^. ^< Liz Cloud, Chief Bureau of Administrative Code LC/mp Enclosure BUREAU OF ADMINISTRATIVE CODE The Elliot Building 401 South Monroe Street Tallahassee, Florida (850) FAX: (850) WWW Address: -.electwn@mail.dos.state.fl.us