PLANNING COMMISSION MB 2/

Transcription

1 DECEMBER 3, 1998 The Planning Commission, Manatee County, Florida, met in REGULAR SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Thursday, December 3, 1998, at 9:03 a.m. Present were Commissioners: Steve Belack, Chairman Patrick McGinnis, First Vice-chairman E. H. Williams, Second Vice-chairman Stanley K. Herbets, Third Vice-chairman Paul G. Sayers Mary Richard Sheppard Bedford Also present were: Mark P. Barnebey, Chief Assistant County Attorney Susan G. Romine, Board Records Supervisor, Representing R. B. Shore, Clerk of Circuit Court All witnesses and staff giving testimony were duly sworn. OATH OF OFFICE Mary Sheppard and E. H. "Woody" Williams were administered the Oath of Office by Susan Romine, Deputy Clerk. MINUTES Upon motion by Mr. McGinnis and second by Mr. Williams the minutes dated September 10 and October 8, 1998, were approved 7 to 0. PLANNING DEPARTMENT Robert Pederson, Planning Department, introduced Lisa Kranz a new staff member. CONSENT AGENDA Z ROBERT K. CONN - NCS Manatee, Florida, amending the Official- Zoning Atlas of Manatee County Ordinance 90-01, the Manatee County Land Development Code, relating to zoning within the unincorporated area of Manatee County, providing for the rezoning of certain land from A-l to NC-S; providing an effective date; on 1.11 acres located at the northwest corner of 69th Avenue East (Whitfield Avenue) and 36th Street East (Prospect Road). PDI-98-OKZ) (P) WEN Y. CHUNG/WHITFIELD WAREHOUSE Manatee, Florida...; providing for the rezoning of certain land from LM and NC-S to PDI; providing an effective date; and approval of a Preliminary Site Plan to allow four (4) warehouse buildings totaling 85,000 square feet on 8.33 acres located on the west side of 15th Street East and south of Idlewild Court at th Street East. If approved, staff recommended 8 stipulations. RECORD PC2-65 Mr. Pederson submitted a letter from Diane Hamilton regarding drainage concerns for the site. Amy Bennett Brown, adjacent property owner, posed questions regarding warehouse uses and voiced concerns regarding noise, traffic, buffers and landscaping. Mr. Pederson referred to the site plan and reviewed the stipulations. He stated the property is approved for light manufacturing uses only, with accessory offices. He noted a six-foot solid fence will be installed and maintained, or the existing fence repaired along the adjacent residential property. He stated the two entrances to the property will be on 15th Street East and a Certificate for Level of Service for traffic has been issued. PLANNING COMMISSION MB 2/ no 7 -u'

2 PLANNING COMMISSION MB 2/ Q98 DECEMBER 3, 1998 (Continued) Cheryl Kruger, adjacent property owner, stated more warehouse construction will create property value depreciation. PDC-98-09(Z)(P) EDWARD HURTER/RICHARD SERINO/CARPET DEPOT Manatee, Florida...; providing for the rezoning of certain land from GC to PDC; providing an effective date; and approval of a Preliminary Site Plan to allow a 5,900-square-foot expansion to an existing carpet store on 1.08 acres located at 6823 i4th Street West; If approved, staff recommended 2 stipulations; RECORD pc2"66 GRANTING Special Approval for a project exceeding a.25 FAR in the ROR Future Land Use Category. Motion was made by Mr. Williams to approve the Consent Agenda incorporating the language as stated in the recommended motions in the staff reports. Motion was seconded by Mr. Bedford and carried 7 to 0. (End Consent Agenda) ZONING PDR-98-19(Z)(P) ERNEST S. MARSHALL/RIVER'S EDGE Manatee, Florida...; providing for the rezoning of certain land from RDD-4.5/WP-E/ST to PDR/WP-E/ST; providing an effective date; and approval of a Preliminary Site Plan to allow a 122-lot single-family residential subdivision at a gross density of 3.1 dwelling units per acre on acres located at the southwest corner of Linger Lodge Road and 65th Avenue East (Braden Road) ; GRANTING Special Approval for a project located in the Watershed Overlay; ADOPTION of the Finding for Specific Approval; and GRANTING Specific Approval of an alternative to Section of the Land Development Code. Misty Servia, Planning Department, advised this project was remanded from the Board of County Commissioners due to a notice problem. She referred to the site plan, and noted the project will provide a transition from the Marineland Subdivision to the smaller lot development in Tara. She advised the main access is proposed on Linger Lodge Road, with a secondary access proposed on Pine Road. Ms. Servia advised that staff attended two neighborhood meetings and the major concerns were: 1) drainage; 2) traffic; 3) capacity of Tara Elementary School; 4) elimination of the second means of access at Pine Road with a boulevard section at Linger Lodge Road; 5) relocation of the playground area; and 6) a wall around the subdivision. Bill Merrill, attorney representing the applicant, stated the gross density for the project is 3.13 dwelling units per acre and reviewed the various lot sizes. He advised stormwater treatment of 150 percent will be provided and stormwater runoff will be reduced by 50 percent. He stated the site is mainly a pasture with few trees. Gary Altrogge, Kimley, Horn & Associates, addressed drainage concerns and stated the Southwest Florida Water Management District permit has been approved. Referring to the site plan, he pointed out the three streets (Linger Lodge Road, 65th Avenue East, and Quonset Road) that have flooding problems, and the proposed remedies. Trish Hobson, Biological Research Associates, stated the site was cleared in 1960, including all native habitats. She also addressed the soil and wetlands on the site. James Holmes, representing Marineland Homeowners to Save the River, voiced concerns 'of the group: 1) traffic; 2) second entrance;

3 DECEMBER 3, 1998 (Continued) 3) playground; 4) uplands; 5) environment; and 6) flooding. He referred to the site plan and an aerial map, discussing the traffic issues and second means of access. He submitted photographs (6) of flooding in 1997, and background information for the development. Michael Johnson, 14-year resident of 65th Avenue Drive East, stated in the last eight years severe flooding has been evident. He noted water leaking into manholes was causing the lift station to flood. Discussion: Upland open space requirements; second means of access; boulevard section ed as two means of access; location of the playground, etc. Jerome Gostkowski, Planning Department, reviewed the traffic analysis and addressed drainage concerns. He noted the sewer infiltration (lift station flooding) can be corrected by Public Works. Discussion: Linger Lodge Road traffic; flooding and drainage; reduced discharge rate; building permitted in RDD-4.5 zoning; playground will be private, etc. Bill O'Shea, Environmental Management Department, advised that construction water quality monitoring and an integrated pest management plan will be required. David NcNabb, representing the applicant, noted the secondary access is for emergency access, as well as an interneighborhood tie. Referring to drawings (2) of the location, he noted a "T" intersection will be created solving several traffic issues. Mr. Merrill addressed the history of the playground and noted it would be difficult to relocate the playground without redesigning the project and losing several lots. He noted the locations of two public playgrounds in the area. Discussion: Dedicated common area; qualifications for impact fee credits for a park; district is not below the appropriate level of service; distance to public playgrounds, etc. Manatee v County Comprehensive Plan and the Manatee County Land Development Code, Mr. McGinnis moved to recommend adoption of Manatee County Zoning Ordinance PDR-98-19(Z)(P); and approval of the Preliminary Site Plan; GRANTING Special Approval for a project located in the Watershed Overlay; ADOPTION of the Finding for Specific Approval, and GRANTING Specific Approval of an alternative to Section of the Land Development Code. Motion was seconded by Mr. Sayers and carried 7 to 0. Recess/Reconvene. All members present except Mr. Williams. Public hearing (Notice in the Bradenton Herald 11/23/98) was held to PDC-98-10(P) DAVID CARLTON TURNER JR./DUETTE COUNTRY STORE Request: Approval of a Preliminary Site Plan to allow a convenience store in the PDC/WP-M/ST zoning district on.98 acre (advertised as acres) located at the southwest corner of S.R. 62 and S.R. 39; If approved, staff recommended 7 stipulations; RECORD PC2-67 GRANTING Special Approval for a project located in the Watershed Overlay. Misty Servia, Planning Department, referred to a site plan and zoning map. She noted the project will displace a portion of the current agricultural use; however, the development will serve the needs of the agricultural community in the area. (Enter Mr. Williams during presentation) Discussion: Accommodation of gas tanker trucks; sidewalk deferral can be requested by applicant; location from site to Duette School more than 1 mile; nearest sidewalk 19 miles; water and sewer ties, etc. PLANNING COMMISSION MB 2/ 033

4 PLANNING COMMISSION MB 2/ 100 DECEMBER 3, 1998 (Continued) Jim Farr, George F. Young & Associates, stated the applicant will request deferral of the sidewalks. Discussion: Subdivision requirements, etc. ' Development Code, as conditioned herein, Mr. Bedford moved to recommend approval of Preliminary Site Plan PDC-98-10(P) with Stipulations 1 through 7; GRANTING Special Approval for a project located in the Watershed Overlay. Motion was seconded by Mr. Sayers and carried 6 to 1, with Ms. Sheppard voting nay, due to incompatibility. PDR-98-07(Z)(P) DIAMOND BAR PARTNERSHIP, LTD./COVERED BRIDGE Manatee, Florida..., providing for the rezoning of certain land from RSF-4.5 and RSF-2 to PDR; providing an effective date; and approval of a Preliminary Site Plan to allow 735 dwelling units (582 single-family detached lots and 153 semi-detached or zero lot line lots) at a gross density of 2.42 dwelling units per acre and a net density of 2.94 dwelling units per acre on 301 acres located north of Mendoza Road, west of Victory Road; If approved, staff recommended 25 stipulations; RECORD PC2-68 ADOPTION of the findings for Specific Approval; GRANTING Specific Approval of an alternative to Section of the Land Development Code; DENIAL of Specific Approval for an alternative to Section 719; and GRANTING a waiver of Section 742 of the Land Development Code to allow the use of street names. Robert Pederson, Planning Department, referred to an aerial map and discussed surrounding land uses. The project has an interneighborhood tie to the north, allows for interneighborhood ties to the west and dedicates the right-of-way for the extension of 60th Avenue East. He noted Stipulations 15, 16, and 17 could be deleted, as recommended by Environmental Management Department and submitted a copy of a memorandum to support the recommendation. He advised the only disagreement with the applicant is Stipulation 13, side yard setbacks. Jerome Gostkowski, Planning Department, advised construction plans for 60th Avenue East and Mendoza Road have been submitted for review. He noted a stipulation for the Igloo Ice Skating Rink (PDMU-97-05) required that the road be completed before that business opens. Steven Thompson, attorney representing the applicant, stated this area of the County is transitional. He noted this is a planned community made up of a number of neighborhoods offering a wide range of housing types. He submitted elevations of the proposed housing for the 35-foot and 50-foot lots and submitted proposed revisions for Stipulations 13 and 24. RECORD PC2-69 Trey Desenberg, applicant, discussed his research in developing the housing concept. He noted the requested change to Stipulation 13 is integral to the concept. Discussion: Setbacks as recommended by staff; traffic flow; 60th Avenue East when connected to Mendoza Road will improve traffic concerns; additional improvements scheduled for 60th Avenue East, etc. Jeff Steinsnyder, Assistant County Attorney, stated Stipulation 24, as proposed by Mr. Thompson, may be too encompassing. He noted he was informed there were no residential lots under the power lines or in the easements. Use as a park or for RV storage would be allowable. Mr. Thompson clarified the concern with Stipulation 24 was to allow fencing a portion of the park, etc.

5 DECEMBER 3, 1998 (Continued) Mr. Desenberg stated the zero-lot-line homes on 35-foot lots would have a 10-foot side yard between structures. Carol Clarke, Planning Director, stated the following changes would be required to achieve the intent of the applicant: (1) Deletion of "semi-detached"; and (2) side yard must read "10 feet." However, she recommended Stipulation 13 remain 6.5-foot side yard. Discussion: Applicant letter (11/25/98) regarding Stipulation 11. Development Code, Mr. Williams moved to recommend adoption of Manatee County Zoning Ordinance PDR-98-07(Z) (P) ; and APPROVAL of the Preliminary Site Plan with Stipulations 1-12 (as requested by staff), 13 (as requested by the applicant) with the proviso that there will be ten feet between zero-lot line structures, 14, 18-25, with 24 (as amended by adding "habitable") with language to be reviewed prior to Board meeting; ADOPTION of the Findings for Specific Approval; GRANTING Specific Approval of an alternative to Section of the Land Development Code; and GRANTING a waiver of Section 742 of the Land Development Code to allow the use of street names. Motion was seconded by Mr. Herbets. Discussion: Clarification of Stipulation 13; "semi-detached" remains as part of the stipulation. Motion carried 6 to 1, with Mr. McGinnis voting nay, due to concern regarding the setbacks. Recess/Reconvene. All members present. GULF COAST FACTORY SHOPS (DRI 23) Public hearings (continued from 11/5/98) were held to PDMU-97-OKZ) (G) (R) GULF COAST FACTORY SHOPS (DRI 23) Request: Approval of a revised Zoning Ordinance for a 633,681-square-foot manufacturer's outlet center to amend Transportation Conditions affecting roadway improvements to 60th Avenue East on acres located on the east side of 1-75, 200 feet north of U.S and extending northward to 29th Street East in Ellenton. Proposed amendments to Conditions B(3) and B(6) as proposed by staff and the applicant. RECORD PC2-70 and ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, RENDERING AN AMENDED DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES FOR GULF COAST FACTORY SHOPS, A DEVELOPMENT OF REGIONAL IMPACT, DRI 23; ALSO KNOWN AS DRI 229; PROVIDING FOR DEVELOPMENT RIGHTS, CONDITIONS, AND OBLIGATIONS; PROVIDING FOR SEVERABILITY; REPLACING ORDINANCE 97-78; AND PROVIDING AN EFFECTIVE DATE. Request: Determination of whether the proposed modifications to amend Transportation Conditions affecting roadway improvements to 60th'Avenue East for the Gulf Coast Factory Shops DRI Development Order constitutes a Substantial Deviation pursuant to Chapter , Florida Statutes. Proposed amendments to Conditions B(3) and B(6) as proposed by staff and the applicant. RECORD PC2-71 Robert Pederson, Planning Department, referred to a site plan, stating the request is to amend the transportation conditions affecting roadway improvements to 60th Avenue East. He advised there is not adequate right-of-way to accommodate all the planned improvements. He submitted letters: (1) from a law firm (12/3/98) representing IRT Properties (developers of North River Village Shopping Center); and (2) from A.G. Gershoni (11/23/98) regarding access to his property. He advised staff does not agree with Stipulation B(6) submitted by the applicant. Tom McCollum, Zoller, Najjar and Shroyer, Inc., stated on October 6, 1998, the Board of County Commissioners ruled that 60th Avenue East be redesigned by the developer within the existing right-of-way. He PLANNING COMMISSION MB 2/ 10.1.

6 PLANNING COMMISSION MB 2/ "j Q 2 DECEMBER 3, 1998 (Continued) submitted: (1) a sketch of the roadway and (2) a copy of a letter (12/1/98) from Prime Outlets. He stated the transportation improvements are in final review and noted an escrow account in excess of $400,000 has been established to insure completion of the work. Regarding Stipulation B(6), he requested the addition of the language "To the extent allowed by law..." He noted there is a legal discrepancy relating to the request for the ability to achieve possible future impact fee credits for the funds expended to improve the transportation system. Discussion: Signalization proposed at Factory Shops Boulevard; location of current signals; striped area on drawing denotes raised median; no plans at present to ban "U" turns at the north end of the raised median, etc. A. G. Gershoni, property owner th Street East, stated the raised medians will limit access to his property, as well as limit future development. He noted he was not aware of the proposed roadway when he purchased the property (June 1998). Discussion: A left turn from 60th Avenue East into the Gershoni property is not a legal move; alternatives will be explored, etc. Jerome Gostkowski, Planning Department, submitted a drawing and explained the primary access to the commercial subdivision (Shell Gas Station and Wendy's) is 20th Court East. He noted the raised median will prevent illegal entry into the commercial area, which cause backup on U.S He stated a left turn storage lane will be provided for 20th Court East. Jeff Steinsnyder addressed impact fees citing Section of the Land Development Code (LDC). He stated the issue is that the applicant does not own the property to which they want to have this credit applied. He did not agree with the language suggested by Mr. McCollum, but suggested adding "...and any further expansion of the project if the LDC is amended to so provide." Disposition: Recommend Mr. Steinsnyder craft the appropriate language for this Stipulation and forward same to the Board. Mr. Steinsnyder stated in existing text of the Development Order there are sections which state that "contributions made by this developer shall be fully creditable against impact fees in accordance with Section 806 of the LDC." He noted that if Section 806 of the LDC were amended, the applicant would have the right request credit under the text of the Development Order. Development Code, as conditioned herein, Mr. Williams moved to recommend adoption of Manatee County Zoning Ordinance PDMU (Z) (G) (R). Motion was seconded by Mr. McGinnis and carried 6 to 1, with Mr. Sayers voting nay. Development Code, Section , Florida Statutes, and Rule 9J (3), Florida Administrative Code, Mr. Williams moved to recommend adoption of the findings that the proposed NOPC modifying the Gulf Coast Factory Shops DRI as approved by the Board does not constitute a Substantial Deviation and adoption of Manatee County Ordinance 98-48, replacing in its entirety Ordinance Motion was seconded by Mr. McGinnis and carried 6 to 1, with Mr. Sayers voting nay. Recess/Reconvene. All members present.

7 DECEMBER 3, 1998 (Continued) CREEKWOOD INVESTORS, LTD. (DRI 13) Public hearings (Notices in the Bradenton Herald 11/10/98) were held to ORDINANCE CREEKWOOD INVESTORS, LTD. (CREEKWOOD DRI 13) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE CREEKWOOD DEVELOPMENT OR REGIONAL IMPACT (MANATEE COUNTY DRI 13, AKA TAMPA BAY REGIONAL PLANNING COUNCIL DRI 102); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONCLUSIONS'OF LAW; PROVIDING FOR DEFINITIONS; PROVIDING FOR AMENDED LIMITATIONS ON AND CONDITIONS OF APPROVAL/ PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Request: Determination of whether the proposed modifications to the Creekwood DRI Development Order, to amend the Master Development Plan, change an approved land use, and change land use total as follows: (1) Exchange land uses identified in Parcel G (General Commercial) with Parcel 0-1 (Office); (2) Increase the total commercial floor area by 69,500-square-feet and land area by 2.3 acres; (3) Decrease the total office floor area by 44,000 square feet and land area by 2.3 acres; (4) Decrease the total residential development by 500 units; (5) Change the land use designation for Parcel C-l and C-2 from "Highway Tourist Oriented" General Commercial to General Commercial; and (6) Change the designation of Parcels C-l, C-2, and 0-1 and to combine them to a redesignated Parcel C; constitute a substantial deviation pursuant to Section , Florida Statues. Parcels C-l, C-2, 0-1, and G are located on 81.2 acres north of S.R. 70, between Creekwood Boulevard and Total project acres. and Z-84-76(R3) CREEKWOOD INVESTORS, LTD. (CREEKWOOD DRI 13) Request: Approval of modifications to the Creekwood Zoning Ordinance, to amend the Master Development Plan, change an approved land use, and change the land use totals as follows: (1) Exchange land uses identified in Parcel G (General Commercial) with Parcel 0-1 (Office); (2) Increase the total commercial floor area by 69,500 square feet and land area by 2.3 acres; (3) Decrease the total office floor area by 44,000 square feet and land area by 2.3 acres; (4) Decrease the total residential development by 500 units; (5) Change the land use designation for Parcel C-l and C-2 from "Highway Tourist Oriented" General Commercial to General Commercial; and (6) Change the designation of Parcels C-l, C-2, and 0-1 and to combine them to a redesignated Parcel C. Parcels C-l, C-2, 0-1, and G are located on 81.2 acres north of S.R. 70, between Creekwood Boulevard and Total project acres. Norm Luppino, Planning Department, gave an overview of the project, referring to the master development plan for Creekwood focusing on the west side of He referred to the final site plan designating the site associated for the out parcels, retention area and street. He stated changes 1, 5 and 6 do not appear to constitute a substantial deviation. Changes 2, 3, and 4 address the increase/decrease in office, residential and commercial square footages and cannot be rebutted at this point, as the traffic study is under review. He submitted letters from the Tampa Bay Regional Planning Council (TBRPC) and Department of Community Affairs (DCA), which state the request does not create a substantial deviation. He distributed a Zoning Ordinance, which had been reviewed by the applicant and the residents of Creekwood, with agreed changes. He advised the changes have not been reviewed by legal staff. RECORD PC2-72 John Osborne, Planning Department, reviewed the positive and negative aspects of the changes. He reviewed the summary of changes to the Creekwood Development Order relating to: (1) building area; (2) permitted uses; (3) building setbacks; (4) signs; (5) lighting; (6) truck loading; (7) building appearance; (8) height restriction; and (9) buffer conditions. Discussion: Approved residential units (2,800) versus platted lots (592); the changes will replace the applicable stipulations in the zoning ordinance, etc...planning COMMISSION..MB 2/ 103

8 PLANNING COMMISSION MB 2/ 1:04 DECEMBER 3, 1998 (Continued) Mr. Gostkowski stated the traffic review had not been completed and based on that he recommended a continuance or, at this point, a denial. Recess/Reconvene. All members present. Carol Clarke, Planning Director, noted staff is working on the traffic analysis; however, that is the only issue remaining. Tom McCollum, representing the applicant, referred to the revised master development plan and identified two areas wherein exchanging the land uses (professional nearer to residential and commercial closer to 1-75) would enhance compatibility. He addressed a disagreement with staff as to the designated uses within the commercial area. In terms of traffic, he indicated the proposed request has a net reduction in traffic leaving and entering the site. Caleb Grimes, project attorney, stated the request would provide a commercial facility at one of the major nodes in the County (1-75 and S.R. 70). He noted previously-submitted traffic information generated the letters from DCA and TBRPC indicating no finding of substantial deviation. He advised an Intersection Analysis of the configuration of Creekwood Boulevard and S.R. 70 had been submitted to staff; however, review had not been completed. He submitted a working copy of the Development Order containing revised stipulations and reviewed the requested revisions for Land Use Stipulations 1, 12.b, 15.c, and 20, and Buffer Stipulation 5.c.iv. RECORD PC2-73 Mr. Grimes stated that General Commercial was always allowed and noted that the "Highway Tourist Oriented" commercial was added under the language to assure those uses could be allowed. He submitted the buffer/landscape plan referenced in Stipulation 5.c.iv. He requested approval with the revised stipulations as submitted. Discussion: Limited view corridors; breaks in the 50-foot buffer to view signs and buildings; specific design or rendering, etc. Dick Ulrich, attorney representing Lakeside I and II and Westbrook I and II at Creekwood Association, stated the improvements made to the proposed development order will limit the impact on Creekwood. Peter Daley, planner with Bishop and Associates, noted the homeowners are in agreement with the land exchange because it will decrease the commercial impact. He supported view corridors. Staii Rolland, representing Creekwood residents, asked for favorable ation of the request (submitted by Mr. Grimes) on behalf of the homeowners of Creekwood. Mr. Luppino and Mr. Grimes reviewed and agreed to proposed changes in stipulations (submitted by Mr. Grimes), with the exception of the following: Land Use Conditions 2.d.2.Shouldread as follows: Buildings or structures within 200 feet of Creekwood Boulevard shall not exceed 25 feet and buildings and structures within 175 feet of 1-75 shall not exceed 25 feet. 11.c. Add the word "parcels" at the end of second paragraph. 12. b. Agree in concept, but it may be modified. 20. Staff objected as sidewalk link is needed; applicant and homeowners do not want to destroy vegetation. Buffer Conditions 5.c.ii. Following discussion, it was agreed that the second sentence read as follows: All native vegetation (i.e., oaks, pines, palmettos, wax myrtles, etc.) shall be preserved except for no more than 3 view corridors subject to Planning Department review and approval. Mr. Gostkowski stated he will be working with the applicant to review and finalize the transportation issues.

9 DECEMBER 3, 1998 (Continued) Discussion: Eckerd is ed to be in the entranceway; LDC requires a 20-foot buffer; an additional landscape buffer of 50 feet along 1-75 is included to soften the impact; the view corridors will be reviewed prior to the Board meeting; applicant will do a tree survey prior to final site plan, etc. Development Code as outlined herein, Mr. Williams moved to recommend adoption of Manatee County Zoning Ordinance Z-84-76(R3); ADOPTION of the Findings for Special Approval; and GRANTING Special Approval for 1) a project in the Evers Watershed Overlay District; 2) a project in the Entranceway and 3) amending a nonconforming project, with the amendments as outlined by Mr. Grimes and Mr. Luppino. Motion was seconded by Mr. Herbets and carried 6 to 1, with Ms. Sheppard voting nay. Manatee County Comprehensive Plan, the Manatee County Land Development Code, Section , Florida Statutes, and Rule 9J-2.025(3), Florida Administrative Code, as conditioned herein, Mr. Williams moved to recommend adoption of the finding that the proposed NOPC modifying the Creekwood DRI Development Order does not constitute a substantial deviation; and ADOPTION of Manatee County Ordinance (amending Resolution R , as amended by Resolutions R and R-93-25) with amendments to Section 4, Amendments to Approved Development; Section 5, Development Components; and Section 6, Development Conditions Table 1, with the changes as discussed by Mr. Grimes and Mr. Luppino. Motion was seconded by Mr. Herbets. Mr. Barnebey noted the changes were recommended as contained in Z-84-76(R3) presented earlier in this hearing. Motion carried 6 to 1, with Ms. Sheppard voting nay. Mr. Barnebey requested clarification of the sidewalk issue (Land Use Stipulation 20). Mr. Williams indicated approval of Stipulation 20 as requested by the applicant (sidewalk to terminate at 52nd Avenue). MEETING ADJOURNED There being no further business, the meeting was adjourned. Attest,:^,,,^;"'^ APPROVED: ^^^^^^^^ PLANNING COMMISSION MB2/ 1.05