MANATEE COUNTY ZONING ORDINANCE. C' C^E MANATEE COUNTY LAND DEVELOPMENT CODE) RELATIN^TOj-

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1 MANATEE COUNTY ZONING ORDINANCE PDR-01-01(Z)(P) - MANATEE JOINT VENTURE/MILL CREEK VII ^-, AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDIBlS?TH^ "T Q co OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE N0=-90-01^ - ~- - C' C^E MANATEE COUNTY LAND DEVELOPMENT CODE) RELATIN^TOj- 0^ co z8glng WITHIN THE UNINCORPORATED AREA OF MANATEE CO^BfrY; m ^0 S ^VIDING FOR THE REZONING OF CERTAIN LAND FROM A (GEf%^\L3; 0-3 or 5 /^ICULTURE, 1 DWELLING UNIT PER 5 ACRES) TO PDR (PLACED (^ m goj ENVELOPMENT RESIDENTIAL); PROVIDING AN EFFECTIVE DATE;a^D ^ On- S Af^ROVALOFAPRELIMINARYSITE PLAN TOALLOW259 LOTS FOR Sll^t2E y ^ ^"LY DETACHED HOMES j cs y s BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA: ^ m 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 A (General Agriculture, 1 dwelling unit per 5 acres) to PDR (Planned Development Residential). B. The Board of County Commissioners held a public hearing on February 26, 2002 regarding said proposed Official Zoning Atlas Amendment described herein in accordance with the requirements of Manatee County Ordinance No , 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 Section 4 herein is found to be consistent with the requirements of Manatee County Ordinance No , the Manatee County Comprehensive Plan. Section 2. The Preliminary Site Plan is hereby APPROVED to allow 259 lots for single-family detached homes with the following stipulations and Specific Approval: STIPULATIONS 1. The Final Site Plan shall provide the following buffers: a.) The landscape buffer along S.R. 64 shall be a minimum of 30' wide and shall be planted with one row of canopy trees of 3" caliper and at least 12 feet in height, spaced 25' on center with the required hedge and berm, except in the wetland area. A 6' solid decorative fence or wall designed for sound attenuation along lots adjacent to State Road 64 shall be placed 20' inside the outside edge of the buffer with the applicable phase.

2 Page 2 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII b.) A 35' greenbelt buffer shall be provided along the south (other than S.R. 64), and east property lines. Existing native vegetation shall remain to satisfy this requirement. All buffers shall include a row of canopy trees of 3" caliper at least 12' in height, spaced 25' on-center, and an off-set row of understory trees spaced 25' on-center. A hedge to achieve a height of 6' and 80% opacity within 2 years shall also be included. The north property line shall consist of a 35 foot wide greenbelt buffer (50 feet at lots 117 through 120, unless these lots are relocated due to Lorraine Road being eliminated). The existing native vegetation within this buffer shall be preserved to the extent possible and enhanced, as needed, with native vegetation in areas where little or no vegetation exists. The goal of the supplemental plantings shall be to achieve a buffer similar to the existing buffer in the natural areas. There shall be no change in grade, use of drainage swales, or decorative fences permitted within this natural area. Lots may be platted through such buffer. Based upon the efforts to preserve the native vegetation, irrigation shall not be required in such buffer where existing native vegetation fulfills the buffer requirements. c.) Unless the County Commission deletes the future extension of Lorraine Road from the Thoroughfare Plan, the landscape buffer along the future extension of Lorraine Road shall be a minimum of 20' wide and shall be planted with one row of canopy trees of 3" caliper and at least 12 feet in height, 25' on center with the required hedge. A 6' solid decorative fence or concrete block wall with a painted stucco finish shall be planned for the edge of the rear lot lines to be constructed with the construction of the roadway. The developer shall fund the HOA an amount equal to the costs of such fence for construction by the HOA. 2. The Final Site Plan shall be designed to show 100' wide lots along the south, east, and west property lines. 3. The Final Site Plan shall show a minimum lot size of 18,000 sq. ft. 4. No individual lots shall be platted into wetlands or stormwater retention ponds, with the exception of lot(s) specifically approved by the Planning Director due to the unusual shape, size of location of a wetland located thereon. A conservation easement in favor of Manatee County shall be established across all wetlands and wetland buffers in accordance with the Land Development Code. The developer shall submit to the Environmental Management Department, with the first Final Site Plan, for EMD's review and approval, a Wetland Management Plan, which plan shall include plans for informational signs explaining the purpose, importance, and need for wetland buffers to be placed at representative sites within common areas readily viewed by residents. The boundary of the Conservation Easement shall be marked with signs that are uniform throughout the development and approved by EMD as to size, type, number, and location. Required signs shall be in place on each lot prior to construction of the residence. Developer shall include in the Deed Restrictions information concerning conservation easement, the limitations on use therein, maintenance of the easement area, maintenance of the signs and the consequences of violations.

3 Page 3 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII 5. A commercial grade tot lot and grass play area shall be located east of the Lorraine Road Extension with the location to be determined with the 1st Final Site Plan east of the Lorraine Road Extension. 6. No individual lots other than Lot 30 shall be platted into the gas line easement. The Notice-to-Buyers and the final site plan shall include language to inform all homeowners within Phase VII A of the presence of a Natural Gas Transmission Line. 7. All lots adjacent to active agricultural operations shall have an additional 35' setback. If an adjoining agricultural operation is no longer in effect at the time of submittal of the Final Plat, then the requirements of Section shall no longer apply, and the additional 35' setback may be eliminated from the Final Plat. 8. Pedestrian linkages to common open space, passive or active recreational areas, and water features as shown shall be provided and approved by the Planning Department based on recommendations of EMD, prior to Final Site Plan approval. 9. The Final Site Plan for Phase VII A shall include a 2 acre focal point, which shall be redesigned to include a grass play area, a commercial grade tot lot, benches, multi purpose court, and parking. The recreation area shall be relocated to the interior of the site as indicated on the exhibit as entered into the record of this hearing (02/26/02). 10. The Final Plat shall include a 5' wide non-vehicular ingress/egress easement along the future extension Lorraine Road (Unless the County Commission deletes the future extension of Lorraine Road from the Thorough Plan) and S.R. 64, except for approved roadway entrances. 10(A) If the Lorraine Road extension is approved by the County Commission, or an alternative access to SR 64 is constructed in the vicinity of such extension, the currently shown access to SR 64 shown may be eliminated upon construction of such alternative access. Ad additional lot may be put in the area of the eliminated access to S.R. 64. If the Lorraine Road extension is eliminated from the Thoroughfare Plan by the County Commission, 4 additional lots may be put in the area of the eliminated roadway. All provided the total number of lots does not exceed Subject to FDOT approval, the following site related improvements shall be shown on the construction drawings: a. At the proposed access on S.R. 64, provide a westbound right-turn lane. Utilize FDOT Standard Index 301. b. At the proposed access on S.R. 64, provide an eastbound left-turn lane. Utilize FDOT Standard Index 301. c. At the proposed access on S.R. 64, provide adequate intersection sight distance in accordance with AASHTO Green Book guidelines.

4 Page 4 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII 12. Prior to Final Site Plan approval, the engineer of record or architect must provide documentation to prove that concurrency has been met relative to fire flow. 13. Prior to Final Site Plan approval, a completed application for Fugitive Particulate Abatement must be submitted to the Environmental Management Department. 14. The boundaries of the wetland buffers shall be marked with signs (up to 2 per lot) indicating that this is a wetland protection area. The number and location of such signs shall be approved by the Environmental Management Department with Final Site Plan approval. There shall also be a Notice To Buyers indicating the presence of wetlands and wetland buffers adjacent to lots, with a reference to the recorded conservation easement. 15. Prior to Final Site Plan approval, the entire site shall be evaluated for potential hazardous material locations (e.g., historical cattle dipping vats, underground/aboveground storage tanks, or buried drums), by a qualified environmental consultant. Should evidence of contamination be discovered, further investigation will be required to determine the level of contamination and appropriate remediation/mitigative measures. The results of the evaluation should be submitted to Environmental Management Department along with the Final Site Plan. 16. A Conservation Easement for areas defined as wetlands/wetland buffers/upland preservation shall be dedicated to the County concurrently with Final Plat approval. 17. Prior to Final Site Plan approval the area shall be re-surveyed for threatened and endangered species in accordance with Section 721 of the LDC. Survey shall be approved by the Environmental Management Department. 18. The developer shall utilize oversized culverts at the wetland crossings to allow for movement of wildlife. The size and number of culverts utilized at each location will be approved with the Final Site Plan. "Wildlife Crossing" signs and traffic calming devices at critical areas may also be required with the Final Site Plan. 19. Unless otherwise approved by Environmental Management Department, existing native vegetation shall be preserved to meet screening and buffer requirements. 20. Unless otherwise approved by Environmental Management Department, native, xeriscape landscape materials shall be utilized in common areas. In addition, the developer shall encourage individual homeowner's to participate in the Florida Yards and Neighborhood Program by disseminating program information to individual lot owners. 21. The Developer shall use the lowest quality of water available for irrigation purposes. Prior to each Final Site Plan approval, the Developer shall identify the irrigation source which will be utilized. In-ground irrigation using Manatee County public potable water supply shall be prohibited, including on individual lots. 22. The Notice-to-Buyers and the Final Site Plan shall include language to inform homeowners of the presence of neighboring agricultural uses, which may possibly include pesticides and herbicides and may have odors and noises associated with such uses.

5 Page 5 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII 23. The Notice-to-Buyers shall inform all lot owners of the presence of inter-neighborhood ties, the future expansion of State Road 64 to a possible six lanes and that traffic from the surrounding properties, when developed, may use the roads within this development. 24. Unless the County Commission deletes the future extension of Lorraine Road from the Thoroughfare Plan, the final alignment for the Lorraine Road extension shall demonstrate avoidance of wetland impacts in accordance with Comprehensive Plan Policy and meet criteria for curve radius, based on design criteria for this classification of roadway. 25. Dry lines for hookup to future reuse lines shall be provided for the entire subdivision, for both common area irrigation and single lot irrigation. 26. The applicant and their heirs, assigns, or transferees, are hereby notified that a payment of an impact fee for school purposes shall be required if such impact fee is adopted by the School Board of Manatee County or the Board of County Commissioners. 27. The design and shielding of any on-site lighting within the development shall comply with Section In addition, any pole mounted lights shall be limited to 15' in height and directed to the interior of the development using horizontal cut-off fixtures. 28. If identified in the PD&E study, the Developer shall dedicate up to 20 feet of right-of-way for the expansion of State Road If the Lorraine Road right-of-way is eliminated the Developer will relocate Lots 117, 118, 119, and 120 to minimize the number of Lots adjacent to the existing homes of the north of the property. Section 3. 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 from A (General Agriculture, 1 dwelling unit per 5 acres) to PDR (Planned Development Residential), 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. SPECIFIC APPROVAL 1. Specific Approval of an alternative to Section of the Land Development Code to allow a cul-de-sac longer than 800 feet. Section 4. LEGAL DESCRIPTION.

6 Page 6 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII A PORTION OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST, DESCRIBED AS (DEED BOOK 270, PAGE 88) THE NORTH V2 OF SECTION 34; THE NORTH V2 OF THE SOUTH Vz OF SECTION 34, THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34; LESS AND EXCEPT ROAD RIGHT OF WAY FOR STATE ROAD 64 [FDOT SECTION ]; LESS AND EXCEPT (O.R. BOOK PAGE 9) THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST, AS PER PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA. BEGINNING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 19 EAST, RUN THENCE N 89 22' 07" W FEET; THENCE N 00 14' 43" E FEET TO BEGINNING OF A CURVE CONCAVE TO THE NORTHEASTERLY HAVING A RADIUS OF FEET; THENCE FROM A TANGENT BEARING OF S 58 07' 54" E RUN SOUTHEASTERLY ALONG SAID CURVE FEET THROUGH AN ANGLE OF 12 31' 06" TO THE END OF SAID CURVE; THENCE S 00 34' 20" E FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT (O.R. BOOK 1468, PAGE 2030) COMMENCE AT THE SOUTHEASTERLY CORNER OF LOT 4 PER THE PLAT OF CIRCLE C, A SUBDIVISION, AS RECORDED IN PLAT BOOK 27, PAGES 10 THROUGH 12, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA FOR A POINT OF BEGINNING; SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST; THENCE N 89 43' 33" WALONG THE SOUTHERLY LINE OF SAID LOT 4 AND THE NORTHERLY LINE OF SAID SECTION 34, A DISTANCE OF FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 4; THENCE S 00 16' 27" W PERPENDICULAR WITH THE SOUTHERLY LINE OF SAID LOT 4 AND THE NORTHERLY LINE OF SAID SECTION 34, FEET; THENCE S 89 43' 33" E PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT4AND THE NORTHERLY LINE OF SAID SECTION 34 AND 75 FEET SOUTHERLY THEREFROM FEET; THENCE N 00 16' 27" DISTANCE OF FEET TO THE POINT OF BEGINNING. E, A BEING AND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA, RUN S 89 23' 51" EALONG THE NORTH LINE OF SAID SECTION 34, A DISTANCE OF FEET; THENCE S 00 36' 09" W, A DISTANCE OF FEET; THENCE S 89 23' 51" E, A DISTANCE OF FEET; THENCE N 00 36' 09" E, A DISTANCE OF FEET; THENCE S 89 23' 51" E ALONG THE NORTH LINE OF SAID SECTION 34, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID SECTION 34; THENCE S 00 57' 33" W ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF FEET; THENCE N 89 23' 24" W ALONG THE SOUTH LINE OF THE NORTH V2 OF THE SOUTH V2 OF SECTION 34, A DISTANCE OF FEET; THENCE S 00 34' 06" W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF FEET; THENCE N 89 18' 13" W ALONG THE NORTHERLY RIGHT OF WAY OF STATE ROAD 64 [FDOT SECTION ], A DISTANCE OF FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE RADIUS POINT LIES N 00 41' 33" E, A DISTANCE OF FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 64, A DISTANCE OF FEET THROUGH A CENTRAL ANGLE OF 33 07' 10"; THENCE N 00 26' 24" E ALONG THE WEST LINE OF SAID SECTION 34, A DISTANCE OF FEET TO THE POINT OF BEGINNING.

7 Page 7 - PDR-01-01(Z)(P) - Manatee Joint Venture/Mill Creek VII LYING AND BEING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL BEGIN AT THE SOUTHEAST CORNER OF TRACT H OF MILL CREEK SUBDIVISION, PHASE VI AS PER PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGE 79 OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE S 00 26' 24" W, ALONG THE EAST LINE OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA, A DISTANCE OF FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 64 AND THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS N33 48' 43" E, AT A DISTANCE OF FEET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: (1) NORTHWESTERLY THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26 38' 50", A DISTANCE OF FEET TO A POINT OF TANGENCY; (2) N 29 32' 27" W, A DISTANCE OF FEET; THENCE N 60 27' 33" E, A DISTANCE OF FEET TO THE SOUTHERLY LINE OF SAID TRACT H; THENCE S 66 54' 08" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 33, TOWNSHIP 34 SOUTH, RANGE 19 EAST, MANATEE COUNTY, FLORIDA. SUBJECT TO PERTINENT EASEMENTS, RIGHTS OF WAY, AND RESTRICTIONS OF RECORD. CONTAINING ACRES, MORE OR LESS. 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 26th day of February, BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA.(oiiiiiii), ^ % ^9: c K.., ATTEST: R. B. SHORE ^^AL : Clerk of the Circ^.^ourt..^ '-Si'z ;jj,»""""-, STATE OF FLORIDA, COUNTY OF MANATEE ^'O^TY.??^ This is 0 certiiy that the foregoing Is a true and A0''' '' ^''- "necl copy of the documents on file In my office. 5 ^' '.ifi; -^C'l^v Ij: SEAL : ' witness my hand and official seal ihl^.sday of ^' S ^ ^ "^Jif^-OL^M V-^F?.^ R.B.THORE 6 ""..v,ii»"" Clerk o» Circuit Court.,,/.».. ^L.^^\k^Jt^

8 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS /^ISB^IH^ ""ffistoncflorida'keyspreservadon Board ^^^PJ^^ Historic Palm Beach County Preservation Board ife^asi^^^&l Historic Pensacola Preservation Board 11^^^^^ Historit: st- Augustine preservatio" Bo;lrd Historic Tallahassee Preservation Board Historic """""" Tanipa/Hillsborough County ^^^%^ '"'""""Preservatfon'Board FLORIDA DEPARTMENT OF STATE Katherme Secretary Harris of State DIVISION OF ELECTIONS RINGLING MUSEUM OF ART March 6, 2002 IS 5 :D 1 =0 J-2. ^ 8; ^ OO^i c^g Honorable R. B. Shore Clerk of the Circuit Court and Comptroller Manatee County gg :U =D 3D:"' ~* ~i-» L* 8g ^ ^ ^oo 0 Post Office Box 1000 Bradenton, Florida Attention: Diane E. Vollmer Dear Mr. Shore: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge receipt of your letter dated March 1, 2002 and certified copies of Manatee County Ordinance Nos. PDR-01-01(Z)(P). PDR-01-12(Z)(P) and PDR-01-19(Z)(0), which were filed in this office on March 4, As requested, the original date stamped copies are being returned for your records. Sincerely, Bureau of Administrative Code LC/mp Enclosure BUREAU OF ADMINISTRATIVE CODE The Collins Building 107 West Gaines Street Tallahassee, Florida (850) FAX: (850) WWW Address: election@inail.dos.state.fl.us