MANATEE COUNTY ZONING ORDINANCE

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1 MANATEE COUNTY ZONING ORDINANCE PDR-00-07(Z)(G) - GOLD TREE COMMUNITIES, INC. 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; f PROVIDING FOR THE REZONING OF ± ACRES FROM RSMH 4.5/WP- r^ "=t E/ST(RESIDENTIALSINGLE-FAMILYMANUFACTURED HOME, 4.5 DWELLING UNITS PER ACRE/WATERSHED PROTECTION - EVERS/SPECIAL TREATMENT -^ OVERLAY DISTRICTS); ± 1.82 ACRES FROM A-1/WP-E/ST (SUBURBAN ui "' AGRICULTURE, 1 DWELLING UNIT PER ACRE/WATERSHED PROTECTION - EVERS/SPECIAL TREATMENT OVERLAY DISTRICTS); AND ± 1.34 ACRES ^ -1"' -- f~' ' «rn ' ^ r... CT- ^ j i' -J c- '' -^r - -. FROM PDMU/WP-E/ST (PLANNED DEVELOPMENT MIXED USE/WATERSHED PROTECTION - EVERS/SPECIAL TREATMENT OVERLAY DISTRICTS) TO PDR ^ (PLANNED DEVELOPMENT RESIDENTIAL), RETAINING THE WP-E (WATERSHED PROTECTION - EVERS) AND ST (SPECIAL TREATMENT) OVERLAY DISTRICTS; PROVIDING AN EFFECTIVE DATE; ANDAPPROVAL OF A GENERAL DEVELOPMENT PLAN TO ALLOW 211 SINGLE-FAMILY LOTS AT A GROSS DENSITY OF 2.90 DWELLING UNITS PER ACRE, AND GRANTING SPECIALAPPROVAL FORA PROJECT LOCATED IN THE EVERS WATERSHED 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: ± acres from RSMH-4.5/WP-E/ST (Residential Single-Family Manufactured Home, 4.5 dwelling units per acre/watershed Protection - Evers/Special Treatment Overlay Districts); ± 1.82 acres from A-1/WP-E/ST (Suburban Agriculture, 1 dwelling unit per acre/watershed Protection - Evers/Special Treatment Overlay Districts); and ± 1.34 acres from PDMU/WP-E/ST (Planned Development Mixed Use/Watershed Protection - Evers/Special Treatment Overlay Districts) to PDR (Planned Development Residential), retaining the WP-E (Watershed Protection?;Eve?:s) and ST (Special Treatment) Overlay Districts. ir-':'-''- ^ :- i-': B. The Board of County Commissioners held a public hearing on'febru^ty 27^ 2001 regarding said proposed Official Zoning Atlas Amendment described herein in; accordance with ths requirements of Manatee County Ordinance No , the Manatee '-County- Land-J Development Code, and has further considered the information received at said public hearing") 0 "~ <, "^" "~n 1^ s

2 Page 2 - PDR-00-07(Z)(G) - Gold Tree Communities C. The proposed amendmentto the Official Zoning Atlas regarding the property described in Section 4 herein is found to be consistent with the requirements of Manatee County Ordinance No , the Manatee County Comprehensive Plan. Section 2. The General Development Plan is hereby APPROVED to allow 211 single-family lots at a gross density of 2.90 dwelling units per acre, and granting Special Approval for a project located in the Evers Watershed Overlay District with the following stipulations: STIPULATIONS 1. A 5' wide boardwalk from the neighborhood focal point to the lake through one side of the wetland shall be provided by the developer prior to Final Plat Approval. 2. Prior to Final Plat approval, two picnic shelters, a commercial grade tot lot, park benches, and picnic tables shall be provided at the neighborhood focal point. 3. A 5' sidewalk shall be constructed on the west and north side of the internal roadways, except that the sidewalk along the boulevard entryway may be located on the south side of the roadway. Any sidewalk within 1,000" of the site will require connection to this development. A 5' wide sidewalk shall be placed on the north side of 59th Street East to connect to 45th Street East. 4. All native trees and vegetation shall be preserved within the 15' green belt buffer. Additionally, landscaping consisting of 7" d.b.h. caliper trees or greater and a continuous hedge, reaching a height of forty-two (42) inches and achieving eighty percent opacity two (2) years after installation, shall be placed within the 15' greenbelt along the north property line. Drought tolerant Xeriscape (native vegetation} plantings are preferred. 5. Tree replacement or mitigation for the 2,095 oaks and 402 palms removed from this site during the lake excavation must be completed prior to Final Plat approval. Tree replacement requirements shall be determined prior to Final Site Plan approval and Planting shall be certified by a certified landscape architect prior to Final Plat approval. 6. All street names within the development shall be numerical. 7. The 4:1 slope for the acre lake shall be certified by an engineer prior to Final Plat Approval. 8. The main access point to the site (a.k.a. 58th Avenue East) shall be constructed as a boulevard section of a design acceptable to the Manatee County Planning Director, and which will allow the free access of manufactured home pulled by a semi. 9. Road construction shall be completed prior to the first Certificate of Occupancy. During road construction, a roadway with stabilized bse sufficient in width to accommodate the delivery of manufactured homes to and from Gold Tree Mobile Home Park, shall be maintained reasonable access shall be maintained on 58th Avenue between 45th Street East and Sunshine Street for the Gold Tree Co-Operative. With 48-hour notice to the

3 Page 3 - PDR-00-07(Z)(G) - Gold Tree Communities Coop, 58th Avenue East may be closed for construction purposes for periods of time not to exceed 48 hours. 10. Minimum lot size shall be 6,500 square feet. 11. This project is approved to General Development Plan Standards only. 12. This project shall provide sewer and water connections to the Manatee County utility system by extensions within 58th Avenue East unless the applicant is granted the appropriate easements from Gold Tree Community Co-operative, Inc. to utilize their privately owned utilities. 13. Residents and guests of Gold Tree Community Co-op shall have two- way access to 45th Avenue East thru this project, utilizing Sunshine Street and the 58th Avenue East easement. Gold Tree Communities shall provide an access easement over the 100-foot wide access road of 58th Avenue East to Gold Tree Co-Op from 45th Street East to Sunshine Street. 14. The Notice-To-Buyers and Final Site Plan(s) shall include language to inform homeowners of the presence of neighboring agricultural uses, including the possible truck traffic as well as the use of pesticides and herbicides and of odors and noises associated with agricultural uses. 15. Developer shall erect and maintain, with the development of the Residential Subdivision, a six(6) foot tall fence along those borders of the Residential Subdivision which adjoin the Gold Tree Mobile Home Park of substantially the same design, materials and color as the fence adjacent to 53rd Avenue East at Westwinds Village as shown on the attached Exhibit. Such fence shall be installed in its entirety prior to the obtaining of a building permit for the construction of any building within the site. 16. The developer shall be responsible for their fair share of traffic safety improvements necessary for the project, in accordance with applicable Manatee County, State, and Federal regulations. This may include, but is not limited to, construction and installation of a traffic signal at 58th Avenue East and Lockwood Ridge Road. Sections. AMENDMENT OF THE OFFICIAL ZONING 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: ± acres from RSMH 4.5/WP-E/ST (Residential Single-Family Manufactured Home, 4.5 dwelling units per acre/watershed Protection - Evers/Special Treatment Overlay Districts); ± 1.82 acres from A-1/WP-E/ST (Suburban Agriculture, 1 dwelling unit per acre/watershed Protection - Evers/Special Treatment Overlay Districts); and ± 1.34 acres from PDMU/WP-E/ST (Planned Development Mixed Use/Watershed Protection - Evers/Special Treatment Overlay Districts) to PDR (Planned Development Residential), retaining the WP-E (Watershed Protection - Evers) and ST (Special Treatment) Overlay Districts, 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.

Page 4 - PDR-00-07(Z)(G) - Gold Tree Communities Section 4. LEGAL DESCRIPTION. FROM A CONCRETE MONUMENT FOUND AT THE N.E. CORNER OF THE S.W. 1/4 OF THE S.W. 1/4 OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST.

4 Page 4 - PDR-00-07(Z)(G) - Gold Tree Communities Section 4. LEGAL DESCRIPTION. FROM A CONCRETE MONUMENT FOUND AT THE N.E. CORNER OF THE S.W. 1/4 OF THE S.W. 1/4 OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST. RUNS 00 13' 52" E, ALONG THE EAST LINE OF THE SAID S.W. 1/4 OF THE S.W. 1/4, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE S 00 13' 52" E, ALONG THE EAST LINE OF THE SAID S.W. 1/4 OF THE S.W. 1/4, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND AT THE S.E. CORNER THEREOF; THENCE S 89 40' 57" W, ALONG THE SOUTH LINE OF THE SAID S.W. 1/4 OF THE S.W. 1/4, A DISTANCE OF FEET TO AN IRON PIPE FOUND AT THE S.W. CORNER THEREOF, BEING ALSO THE S.E. CORNER OF THE S.E. 1/4 OF THE S.E. 1/4 OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 18 EAST, THENCE S 89 56' 52" W ALONG THE SOUTH LINE OF THE SAID S.E. 1/4 OF THE S.E. 1/4 A DISTANCE OF, FEET TO A CONCRETE MONUMENT FOUND AT THE S.W. CORNER THEREOF; THENCE N 00 14' 16" W, ALONG THE WEST LINE OF THE SAID S.E. 1/4 OF THE S.E. 1/4, A DISTANCE OF FEET; THENCE N 89 58' 07" E, A DISTANCE OF FEET; THENCE N 20 27' 15" E, A DISTANCE OF FEET; THENCE N 00 01' 30" W, A DISTANCE OF FEET; THENCE, N 89 58' 30" E, A DISTANCE OF FEET; THENCE S 00 01' 30" E, A DISTANCE OF FEET; THENCE N 89 68' 30" E, (PASSING INTO SECTION 15 AT FEET) A DISTANCE OF FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTIONS 15 AND 16, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS. THE NORTH 60 FEET OF THE S.W. 1/4 OF THE S.E. 1/4 OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, SUBJECT TO A PERMANENT EASEMENT IN FAVOR OF MANATEE COUNTY, FLORIDA BEING THE WEST 25 FEET OF THE SAID S.W. 1/4 OF THE S.E. 1/4, AS RECORDED IN O.R. BOOK 696, PAGE 399, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. CONTAINING 1.90 ACRES, MORE OR LESS. COMMENCE AT THE NE CORNER OF THE SW 1/4 OF THE SE 1/4 OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 18 EAST; THENCE S 00 14'16" W, ALONG THE EAST LINE OF SAID SW 1/4 OF THE SE 1/4, A DISTANCE OF 60 FT FOR THE POINT OF BEGINNING; THENCE CONTINUE S 00 14'16" W ALONG SAID EAST LINE, A DISTANCE OF 100; THENCE N72 12'52" W, A DISTANCE OF "; THENCE S 89 58'07" W, A DISTANCE OF " TO THE WEST LINE OF SAID SW 1/4 OF THE SE 1/4; THENCE N O0''16'20" W, ALONG SAID WEST LINE OF THE SW 1/4 OF THE SE 1/4, A DISTANCE OF 40.00"; THENCE N 89 58'07"E, A DISTANCE OF " TO THE EAST LINE OF SAID SW 1/4 OF THE SE1/4, ALSO BEING THE POINT OF BEGINNING (CONTAINING ACRES ±/- TOGETHER WITH THE NORTH 60" OF THE SW 1/4 OF THE SE 1/4 OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA. Sections. EFFECTIVE DATE. This ordinance shall take effect immediately upon filing with the Office of the Secretary of State, Florida Department of State.

5 Page 5 - PDR-00-07(Z)(G) - Gold Tree Communities 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: m'a^- Chairman ^ ^PA,,.MH>'""»»;,, ^ A-PSfeST: R.B. SHORE ^/ sd c^a^ W^ '%. /clerk of the ci ^S: A / x^^ y^i^^^c^^^,,,.<""""".,^ STATE OP FLORIDA, COUNTY OF MANATEE ^'<S^^ ^,^'f''', Thl*l* 0 ' "'hfthtt ttl( loregoing li a true nil A0-'' ' ^\ corttomwolllntetiiinmumfiltunwoffimj jj.f SEAL ;i witmhi!bh»ii<*iidot(mtlmilthli^&yl»»ot ^.'R??^'y "<«..»,*">< 2^dfl.

6 DIVISIONS OF FLORIDA DEPARTMENT OF STATE y^tis^ HISTORIC PRESERVATION BOARDS Office of the Secretary ^^SSSfEW^. Historic Florida Keys Preservation Board Division of Administrative Services y^^y^^^ Historic Palm Beach County Preservation Board Division of Corporations fefi^^^^sl Historic Pensacola Preservation Board Division of Cultural Affairs lih^^^^j Historic St. Augustine Preservation Board Division of Elections ^^^^BF7 Histonc TaUahassee Preservation Board Division of Historical Resources X^^BwSy Historic Tampa/Hillsborough County Division of Library and Information Services X^^^p' Preservation Board Division of Licensing ^"* i lr^ MEMBER OF THE FLORIDA CABINET MNGLING MUSEUM OF ART FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary 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, ^G^^r^ 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: election@inail.dos.state.fl.us

PROVIDING FOR THE REZONING OF CERTAIN LAND FROM A-1 (SUBURBAN

PROVIDING FOR THE REZONING OF CERTAIN LAND FROM A-1 (SUBURBAN MANATEE COUNTY ZONING ORDINANCE PDR-01-12(Z)(P) - TOROBE CITRUS, INC./SUGAR MILL LAKES AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE NO.