RESOLUTION R EAST COUNTY MIDDLE SCHOOL SCHOOL SITE PLAN SSP DTS

Transcription

1 RESOLUTION R EAST COUNTY MIDDLE SCHOOL SCHOOL SITE PLAN SSP DTS A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, REGARDING LAND DEVELOPMENT; ALLOWING FOR A RESIDENTIAL SUPPORT USE IN THE IL (INDUSTRIAL LIGHT) FUTURE LAND USE CATEGORY; APPROVING A DETERMINATION OF CONSISTENCY FOR A SCHOOL SITE PLAN FOR A 124,331 SQUARE FOOT EDUCATIONAL FACILITY IN THE FORM OF A MIDDLE SCHOOL CAMPUS TO INCLUDE LOW INTENSITY RECREATIONAL USES IN THE FORM OF ACCESSORY USES COMMONLY ASSOCIATED WITH A MIDDLE SCHOOL; ALL ON APPROXIMATELY 20.5 ACRES OF LAND (PART OF AN OVERALL ACRE SITE) LOCATED WITHIN THE A - GENERAL AGRICULTURE ZONING DISTRICT; GENERALLY LOCATED ON THE NORTH SIDE OF 44 TH AVENUE EAST, APPROXIMATELY 800 FEET WEST OF WHITE EAGLE BOULEVARD, ¾ OF A MILE EAST OF LAKEWOOD RANCH BOULEVARD, AND IMMEDIATELY EAST OF B.D. GULLETT ELEMENTARY SCHOOL AT TH AVENUE EAST (BRADENTON) WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; SUBJECT TO STIPULATIONS AS CONDITIONS OF APPROVAL; SETTING FORTH FINDINGS; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the School District of Manatee County (the Applicant ) has filed an application for a School Site Plan (SSP-17-02) approving a determination of consistency for a school site plan for a 124,331 square foot educational facility in the form of a middle school campus to include low intensity recreational uses in the form of accessory uses commonly associated with a middle school; all on approximately 20.5 acres of land (part of an overall acre site) located within the A - General Agriculture zoning district; generally located on the north side of 44 th Avenue East, approximately 800 feet west of White Eagle Boulevard, ¾ of a mile east of Lakewood Ranch Boulevard, and immediately east of B.D. Gullett Elementary School at th Avenue East (Bradenton) within the unincorporated area of Manatee County, described in Exhibit A, attached hereto and make of part hereof by reference, (the School Site Plan ); and WHEREAS, the Building and Development Services staff has recommended approval of the School Site Plan as described in the staff report. NOW, THEREFORE, BE IT RESOLVED 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 of Manatee County, after considering the testimony, evidence, documentation, application for the School Site Plan, the recommendation and findings of staff, 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 staff concerning the application for a School Site Plan as it relates to the real property described in Exhibit A of this Resolution.

2 Page 2 of 5 SSP Resolution East County Middle School/ School Site Plan B. The Board of County Commissioners, after due public notice, held a public hearing on January 11, 2018 regarding the proposed School Site Plan described herein in accordance with the requirements of Manatee County Land Development Code and has further considered the information received at the public hearing. C. The Board of County Commissioners hereby finds that the School Site Plan depicting the location of the proposed East County Middle School approving a determination of consistency for a school site plan for a 124,331 square foot educational facility in the form of a middle school campus to include low intensity recreational uses in the form of accessory uses commonly associated with a middle school; all on approximately 20.5 acres of land (part of an overall acre site) located within the A - General Agriculture zoning district; generally located on the north side of 44 th Avenue East, approximately 800 feet west of White Eagle Boulevard, ¾ of a mile east of Lakewood Ranch Boulevard, and immediately east of B.D. Gullett Elementary School at th Avenue East (Bradenton) within the unincorporated area of Manatee County. Section 2. SCHOOL SITE PLAN. A School Site Plan is hereby approved for a 124,331 square foot educational facility in the form of a middle school campus to include low intensity recreational uses in the form of accessory uses commonly associated with a middle school; all on approximately 20.5 acres of land (part of an overall acre site) located within the A - General Agriculture zoning district; generally located on the north side of 44 th Avenue East, approximately 800 feet west of White Eagle Boulevard, ¾ of a mile east of Lakewood Ranch Boulevard, and immediately east of B.D. Gullett Elementary School at th Avenue East (Bradenton) within the unincorporated area of Manatee County; subject to the following Stipulations: STIPULATIONS A. DESIGN AND LAND USE STIPULATIONS 1. Dumpsters shall be screened from view of adjacent roadways and residential uses. 2. Outdoor lighting fixtures shall comply with the Land Development Code. Compliance shall be demonstrated prior to the opening of the school for student occupancy. 3. All other applicable state or federal permits shall be obtained before commencement of the development. B. INFRASTRUCTURE STIPULATIONS 1. Onsite fire hydrants are required to a flow rate of psi or as required by Florida fire code. 2. Vertical and Horizontal separations a. The engineer of record must design the proposed facilities to achieve minimum separation and clearances as required by FDEP. 3. The Engineer of Record is required to provide a copy of the current bacteriological test results from the development site.

3 Page 3 of 5 SSP Resolution East County Middle School/ School Site Plan C. ENVIRONMENTAL STIPULATIONS 1. Irrigation for landscaping shall use the lowest water quality source available. Use of Manatee County public potable water supply shall be prohibited. 2. A State Water Well Construction Permit must be obtained prior to the construction of any proposed well(s). 3. Two separate inspections by ERS staff are required prior to authorization of construction and/or land clearing activities: You are authorized to stake erosion and sediment control (ESC) device locations. After staking ESC measures, ERS staff must be contacted to inspect the staked locations. After the installation of ESC devices has been completed, a second inspection is required to ensure adequacy. 4. Any wells found during construction activities shall be protected or abandoned in accordance with SWFWMD regulations. D. STORMWATER STIPULATIONS 1. Pursuant to Section 801 and 802 of the Land Development Code and Code of Federal Regulations (CFR), Title 44, Section 60.3, the School Facility Site Plan and associated Drainage Modeling shall demonstrate that no adverse impacts will be created to neighboring properties surrounding the site with respect to postdevelopment discharge of runoff. Drainage Modeling shall be submitted to demonstrate compliance prior to commencement of construction. 2. The Engineer of Record (EOR) shall submit drainage modeling to demonstrate the allowable pre-development rate of discharge has been reduced by fifty (50)%. E. TRANSPORTATION STIPULATIONS 1. Replace all school-related signs on 44 th Avenue East with yellow-green fluorescent sheeting. 2. Replace the existing 20 mph School Zone Flashing Beacon Assembly on 44 th Avenue East (westbound and eastbound) with the yellow-green fluorescent sheeting (Overhead Option FTP 31-06). Remove the existing SPEEDING FINES DOUBLED ground signs (westbound and eastbound) and install SPEEDING FINES DOUBLED sign (Overhead Option FTP 39-06) on existing overhead structure. 3. Install two (2) END SCHOOL ZONE signs (Ground Option - FTP 34-06) in the median adjacent to the existing END SCHOOL ZONE signs in both the westbound and eastbound directions.

4 Page 4 of 5 SSP Resolution East County Middle School/ School Site Plan Install one (1) new 20 MPH School Zone Flashing Beacon Assembly (Overhead Option FTP 31-06), SPEEDING FINES DOUBLED sign (Overhead Option FTP 39-06), and an overhead structure along 44 th Ave E. (Eastbound) at middle school property line. Section 3. FINDING OF CONSISTENCY. The Board of County Commissioners hereby finds the School Site Plan (SSP-17-02) consistent with the Comprehensive Plan in regard to impacts on natural resources, surrounding land uses and public facilities and with Sec A of the Land Development Code. Section 4. SEVERABILITY. If any section, sentence, clause, or other provision of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such section, sentence, clause, or 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 Resolution. Section 5. CODIFICATION. Pursuant to (1), Florida Statutes, this resolution is not required to be codified. Therefore, the Clerk shall not transmit the resolution for codification. Section 6. 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 7. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED AND DULY ADOPTED, by the Board of County Commissioners of Manatee County, Florida on the 11 th day of January, BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA BY: Priscilla Trace, Chairman ATTEST: ANGELINA COLONNESO Clerk of the Circuit Court BY: Deputy Clerk

5 Page 5 of 5 SSP Resolution East County Middle School/ School Site Plan Legal Description Exhibit A A TRACT OF LAND LYING IN SECTIONS 5 & 8, TOWNSHIP 35 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE, LEAVING SAID CORNER AND ALONG THE SOUTH LINE OF SAID SECTION 5, N '09"W, FEET TO THE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTH LINE, S '49"E, FEET TO ITS INTERSECTION WITH THE FUTURE NORTH RIGHT-OF-WAY LINE OF 44TH AVENUE, SAID POINT LYING ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS S '09"E, FEET; THENCE IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF SAID CURVE AND SAID FUTURE NORTH RIGHT-OF-WAY LINE, HAVING A RADIUS OF FEET AND A CENTRAL ANGLE OF '32", FEET; THENCE S '41"E, FEET TO A POINT LYING ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS S '41"E, FEET; THENCE IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF FEET AND A CENTRAL ANGLE OF 16 32'46", FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT; THENCE, IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF FEET AND A CENTRAL ANGLE OF 05 54'09", FEET; THENCE, LEAVING SAID FUTURE NORTH RIGHT-OF-WAY LINE N '34"W, FEET; THENCE N '14"W, FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE, IN A NORTHERLY DIRECTION ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF FEET AND A CENTRAL ANGLE OF 05 26'29", FEET; THENCE, LEAVING SAID CURVE, N '29"E, FEET; THENCE S '57"E, FEET; THENCE S '03"W, FEET; THENCE S '08"E, FEET; THENCE S '08"W, FEET; THENCE S '49"E, FEET TO THE POINT OF BEGINNING. TOGETHER WITH NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND UTILITIES SET FORTH IN EASEMENT AGREEMENT BY AND BETWEEN SMR NORTH 70, LLC, a Florida limited liability company, and THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, a public body corporate, RECORDED IN OFFICIAL RECORDS BOOK 2120, PAGE 5556, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, OVER THE LANDS DESCRIBED THEREIN. LESS AND EXCEPT THOSE LANDS CONVEYED TO SMR NORTH 70, LLC, a Florida limited liability company BY QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 2242, PAGE 3289, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.