072 JUNE 25. 1992 - Manatee Clerk...Private Subdivision with Woodlands Country Club Associates....

18
072 JUNE 25. 1992 //" The Board of County Commissioners, Manatee County, Florida, met in REGULAR SESSION in the? Administrative Center, 1112 Manatee Avenue West, Thursday, June 25, 1993:, at 9:10 a.m. Present^were Commissioners: Kathy A. Snell, Chairman Edward W. Chance, First Vice-chairman Lari Ann Harris, Second Vice-chairman Joe McClash, Third Vice-chairman Kent G. Chetlain Patricia M. Glass Maxine M. Hooper Also present were: Jeffrey Steinsnyder, Assistant County Attorney Mark P. Barnebey, Assistant County Attorney Susan G. French, Deputy Clerk, representing R. B. Shore, Clerk of Circuit Court Representatives of the various news media were present. Invocation by Dr. Lewis H. George, Central Christian Church. The meeting was called to order by Chairman Snell. All witnesses/staff giving testimony were duly sworn. CONSENT AGENDA Upon motion by Mrs. Hooper and second by Mrs. Harris, the Consent Agenda of June 25, 1992, was unanimously approved with the deletion of the Final Plat for Melwood Oaks, Phases III & IV. Items APPROVED: ZONING Z-92-05 JOSEPH KING - RSF-4.5 (APPROVED) Request: Rezone from A-l to RSF-4.5 on .22 acre located on the west side of 19th Street Court East, 160 feet south of 13th Avenue East. Planning Commission recommended APPROVAL. Public hearing (Notice in The Bradenton Herald 6/5/92) was held to consider Z-92-05 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE NO. 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 RSF-4.5; PROVIDING AM EFFECTIVE DATE. RECORD S42-89 HAMPTON GREEN, UNIT II Execute, record, approve, and/or accept Final Plat and associated bonds and documents as outlined in memorandum of June 16, 1992, from Carol B. Clarke, Director of Planning, Permitting and Inspections, as follows: 1. Final Plat. 2. Mortgagee's Joinder In and Ratification Of Subdivision Plat and All Dedications and Reservations Thereon with Kabara Corporation N.V. and Island Investment Properties. Ltd. 3. Mortgagee's Joinder In and Ratification Of Subdivision Plat and All Dedications and Reservations Thereon with William T. Harrison, Jr.. as Trustee. 4. Mortgagee's Joinder In and Ratification Of Subdivision Plat and All Dedications and Reservations Thereon with Sun Bank/ Sarasota County. National Association. 5. Agreement to Defer Completion of Required Sidewalks for Private Subdivision with Woodlands Country Club Associates. RECORD S42-90 6. Notice To Buyers. 7. List of Holdings. 8. Fiscal and Budgetary Information. 9. Maintenance Program.

Transcript of 072 JUNE 25. 1992 - Manatee Clerk...Private Subdivision with Woodlands Country Club Associates....

Page 1: 072 JUNE 25. 1992 - Manatee Clerk...Private Subdivision with Woodlands Country Club Associates. RECORD S42-90 6. Notice To Buyers. 7. List of Holdings. ... and expenditures for the

072

JUNE 25. 1992

//"

The Board of County Commissioners, Manatee County, Florida, met in

REGULAR SESSION in the? Administrative Center, 1112 Manatee Avenue West,

Thursday, June 25, 1993:, at 9:10 a.m.

Present^were Commissioners:

Kathy A. Snell, Chairman

Edward W. Chance, First Vice-chairman

Lari Ann Harris, Second Vice-chairman

Joe McClash, Third Vice-chairman

Kent G. Chetlain

Patricia M. Glass

Maxine M. Hooper

Also present were:

Jeffrey Steinsnyder, Assistant County Attorney

Mark P. Barnebey, Assistant County Attorney

Susan G. French, Deputy Clerk, representing

R. B. Shore, Clerk of Circuit Court

Representatives of the various news media were present.

Invocation by Dr. Lewis H. George, Central Christian Church.

The meeting was called to order by Chairman Snell.

All witnesses/staff giving testimony were duly sworn.

CONSENT AGENDA

Upon motion by Mrs. Hooper and second by Mrs. Harris, the Consent Agenda

of June 25, 1992, was unanimously approved with the deletion of the

Final Plat for Melwood Oaks, Phases III & IV. Items APPROVED:

ZONING

Z-92-05 JOSEPH KING - RSF-4.5 (APPROVED)

Request: Rezone from A-l to RSF-4.5 on .22 acre located on the

west side of 19th Street Court East, 160 feet south of 13th Avenue

East.

Planning Commission recommended APPROVAL.

Public hearing (Notice in The Bradenton Herald 6/5/92) was held to

consider

Z-92-05 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY,

ORDINANCE NO. 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

RSF-4.5; PROVIDING AM EFFECTIVE DATE.

RECORD S42-89

HAMPTON GREEN, UNIT II

Execute, record, approve, and/or accept Final Plat and associated

bonds and documents as outlined in memorandum of June 16, 1992,

from Carol B. Clarke, Director of Planning, Permitting and

Inspections, as follows:

1. Final Plat.

2. Mortgagee's Joinder In and Ratification Of Subdivision Plat

and All Dedications and Reservations Thereon with Kabara

Corporation N.V. and Island Investment Properties. Ltd.

3. Mortgagee's Joinder In and Ratification Of Subdivision Plat

and All Dedications and Reservations Thereon with William T.

Harrison, Jr.. as Trustee.

4. Mortgagee's Joinder In and Ratification Of Subdivision Plat

and All Dedications and Reservations Thereon with Sun Bank/

Sarasota County. National Association.

5. Agreement to Defer Completion of Required Sidewalks for

Private Subdivision with Woodlands Country Club Associates.

RECORD S42-90

6. Notice To Buyers.

7. List of Holdings.

8. Fiscal and Budgetary Information.

9. Maintenance Program.

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JUNE 25. 1992 (Cont'd)

PARRISH AREA - REHABILITATION PROGRAM

Interlocal Agreement with The Fanners Home Administration. United

States Department of Agriculture to assist Fanners Home :

Administration with the implementation of a rehabilitation program

in the Parrish area. ^

RECORD S42-91

SOUTHERN MANATEE FIRE & RESCUE DISTRICT

Waiver of Planning, Permitting and Inspections fees associated with

the renovation of Station 320 at 1911 30th Avenue East.

BUDGET AMENDMENTS

Adoption of Budget Amendment Resolutions

PARKS, RECREATION & CULTURAL SERVICES (B-92-097)

Increase Revenue/Expenditure: Appropriates anticipated revenues

and expenditures for the Summer Camp Tennis Program at the Racquet

Center. $31,000

RECORD S42-92

(B-92-098)

Item Transfers: Transfers funds budgeted for telephone in

Administration to the same account in the Recreation Operations

cost center to more accurately classify program expenditures.

$5,450

RECORD S42-93

(B-92-099)

Item Transfers: Transfers cost savings in certain Golf Course cost

centers to cover expenditures for cart maintenance, and reallocates

monies in the Golf Course Fund to reflect actual operations

expenditures. $10,800

RECORD S42-94 (B-92-100)

Item Transfers: Transfers cost savings in certain Golf Course cost

centers to cover expenditures for cart maintenance and reallocates

monies in the Golf Course Fund to reflect actual operations

expenditures. $45,460

RECORD oA2_95 PUBLIC SAFETY (B-92-101)

Item Transfers: Decreases the appropriation for the EMS grant to

correct an encumbrance that was included in the Roll Forward, thus

causing it to be entered twice. $9,002

RECORD S42-96

(B-92-102)

Item Transfers: Transfers projected unexpended monies from

Emergency Management to provide additional temporary clerical staff

to assist with administrative paperwork backlog. $6,500

RECORD S42-97

GENERAL HEALTH CARE FUND (B-92-103)

Item Transfers: Transfers funds set aside in the FY 1992 budget

for Health Department equipment and transfers funds from reserves

to pay for the Health Department audit, and contributions to Rural

Health Services for equipment and architectural services as

previously approved by the Board. $148,040

RECORD S42-98

PUBLIC WORKS (B-92-104)

Item Transfers: Provides construction funding for the Fort Hamer

Road/Old Tampa Road Project in the Road Impact Fees District E

Capital Project Fund. $231,155

RECORD S42-99

(B-92-105)

Increase Revenue/Expenditure: Appropriates funds for the Fort

Hamer Road/Old Tampa Road and 39th Street East projects in the

Thoroughfare Assessments Fund. $643,888

RECORD S42-100

COMMUNITY SERVICES (B-92-106/1 & B-92-106/2)

Increase Revenue/Expenditure: Appropriates funds received for the

Transportation Disadvantaged grant program in the Miscellaneous

Grants and Transit Funds. $95,707 S42-101

RECORD S42-102

CENTRAL SERVICES (B-92-107)

Item Transfers: Transfers funds for contracted security services

at G.T. Bray Park as previously approved by the Board. $8,500

RECORD S42-103

073

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074

JUNE 25. 1992 (Cont'd)

PUBLIC WORKS (B-92-108)

Item Transfers: Transfers funds from Reserve for Capital Projects

in the Utilities Fund to provide additional funding for historical

water quality data review and analysis per the interlocal agreement

with the Sarasota Bay National Estuary Program. $74,268

RECORD S42-104

GENERAL COUNTY (B-92-109)

Item Transfers: Transfers additional funds for the City of

Palmetto Fireworks from the General Fund Reserve for Contingency as

previously approved by the Board. $1,500

RECORD S42-105

PARKS. RECREATION & CULTURAL SERVICES (B-92-110)

Increase Revenue/Expenditure: Appropriates funds received from the

State Division of Library and Information Services for the purchase

of books and library materials. $108,839

RECORD S42-106

GRANTS ACCOUNTING (B-92-111)

Increase Revenue/Expenditure: Appropriates grant funds received

from the Department of Natural Resources for enhancement of the One

Mile Artificial Fishing Reef. $25,000

RECORD S42-107

EMPLOYEE HEALTH FAIR

Authorization for an Employee Health Fair and acceptance of

associated free services.

COMMUNITY CARE FOR THE ELDERLY

Execution of the 1992-1993 Community Care for the Elderly

(CCE 93-3) (7/1/92-6/30/93; $1,018,707)and the Alzheimer"s Disease

Initiative (ADIR 93-3) contracts with West Central Florida Area

Agency on Aging (7/1/92-6/30/93; $38,940).

RECORD S42-108

S42-109

CLERK'S CONSENT CALENDAR

BILLS FOR PAYMENT

Hogg, Alien, et al - Prof Svs (2/17/92-3/31/92)

Nabors, Giblin & Nickerson - Kirchner, et al v MC Civic

Center Authority (thru 5/31/92)

Miller & Hollbrooke - Svs re Cable TV Matters (thru 11/91)

Finance & Accounting Officer, Mobile Dist/Department of the

Army - Cedar Hammock/Wares Creek Feasibility Study

Buck Consultants - Svs Rendered (4/92)

CH2M Hill - SW Subreg Wstwtr Trtmnt Plant (Task Order #8)

Master Mechanical - SW Methane Gas Recovery System (Pmt 12)

Professional Service Industries - Linger Lodge Rd/Soils/

Concrete Testing (5/92)

Westra Construction - Lena Rd Landfill/Leacheate Collection

System-Phase II (8/31/91-2/14/92 - Final)

National Development Corp - Technical Svs re Affordable

Housing Prgm (1/31/92-5/31/92)

Cone Constructors - Linger Lodge Rd Sanitary Sewer

Collection System (4/27/92-5/31/92)

Roese Contracting - Woodlawn Lks Sanitary Sewer

System (4/8/92-5/31/92)

$ 13,636.58

2,954.23

175.00

27,500.00

11,375.00

5,051.65

43,193.66

301.00

106,801.57

16,666.65

92,070.79

79,956.13

Diversified Drilling - East Cnty Wellfield (3/26/92-5/25/92) 75,285.76

Glace & Radcliffe -

Glace & Radcliffe -

Larson Engineering

Larson Engineering

Larson Engineering

Larson Engineering

US 301 Blvd/30th Ave (thru 5/26/92)

Canal Rd Improvements (thru 5/26/92)

- 44th Ave E (5/92)

- 9th St E (5/92)

- Palmetto Pt Wastewater Fac Svs (5/92)

- Woodlawn Lks Constr Svs (5/92)

Youngquist Brothers - SW Expl Well Modif (4/92-5/18/92)

Coastal Planning & Engineering - Anna Maria Isl Beach

Nourishment Pre-Construction (3/26/92-4/29/92)

REFUNDS

Andrew M. Nisley - Impact Fee

Ronald Mustari/Whitehall Dev - Impact Fee

Charles & Mary Partin - Administrative Permit

Michael-McPhillip/Manatee Woods - Rvw Fees/Afford Hsng Proj

William Walls - Golf Play Ticket No. 268 (20 plays)

942.53

26,528.24

30,704.42

41,363.36

7,671.22

6,447.46

38,347.20

5,545.97

844.56

1,439.00

400.00

3,705.00

256.80

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JUNE 25. 1992 (Cont'd)

WARRANT LIST

Approve: June 16, 1992 through June 24, 1992

Authorize: June 25, 1992 through June 29, 1992

AUTHORIZE CHAIRMAN TO SIGN

Partial Release of Special Improvement Assessment Liens:

Projects 301-5147 (3); 301-5152 (2); 405-5235 (2); 5064

(End Consent Agenda)

ZONING

Z-92-06 CONSOLIDATED MINERALS. INC. - LM (CONTINUED)

Request: Rezone from A-l to LM on 147.56 acres located on the east

side of U.S. 41 between Buckeye Road and Chapman Road and bordered

on the east by Bud Rhoden Road.

Public hearing (Notice in The Bradenton Herald 6/5/92) was opened to

consider

Z-92-06 AN ORDINANCE OF THE COUNTY OF 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 LM;

PROVIDING AN EFFECTIVE DATE.

Motion was made by Mr. McClash, seconded by Mr. Chetlain and carried

unanimously, to continue the public hearing for Z-92-06, Consolidated

Minerals, Inc., to September 24, 1992, at 9:00 a.m. or as soon

thereafter as same may be heard.

Public hearing (Notice in The Bradenton Herald 6/5/92) was opened to

consider

PS-92-04 LOREN & SHERRY CODDINGTON - PRIVATE STREET (CONTINUED)

Request: Approval of a private street for a three lot subdivision

on 34.901 acres located on the east side of Rye Bridge Road, 167

feet north of Bradenton Arcadia Road.

Motion was made by Mr. McClash, seconded by Mrs. Hooper and carried

unanimously, to continue the public hearing for PS-92-04 to July 23,

1992, at 9:00 a.m. or as soon thereafter as same may be heard, at the

request of the applicant.

Public hearing (continued from 5/28/92) was opened to consider

VRD-90-05 TIMBER CREEK CONDOMINIUMS (CONTINUED)

Request: Approval of a Vested Rights Determination from all

provisions of the Manatee County Comprehensive Plan as applied to

the development of the Timber Creek Condominiums on 5.46 acres

located south of Cortez Road West between 60th Street West and 66th

Street West, in the southeast corner of the overall Timber Creek

development.

Motion was made by Mr. McClash, seconded by Mrs. Harris and carried

unanimously, to continue VRD-90-05, Timber Creek Condominiums, to

October 22, 1992.

(Court Reporter Diane Guldin-Templeton present)

TROPICANA PRODUCTS, INC.

Inasmuch as the applicant has requested R-92-93-V, Ordinance 92-06/Plan

Amendment PA-92-06, and PDUI-90-01(Z)(G)(R2) be considered

simultaneously. Mark Barnebey, Assistant County Attorney, recommended

the public hearings on these items be treated as a quasi-legislative

hearing in order to allow a broader discussion of the items and general

public comment within appropriate limitations.

Alan Prather, attorney representing Tropicana Products, Inc., had no

objection to the recommendation.

075

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076

JUNE 25. 1992 (Confd)

Public hearing (continued from 10/15/9^/ and Notice in The Bradenton

Herald 6/8/92) was held to consider application R-91-169-V by JFS

Enterprises. Inc.,, Tropicana Products. Inc.. and B & H Proiect. Inc..

and adoption of

R-92-93-V VACATING A PORTION OF THE PLAT OF LINCOLN TERRACE, 13TH

STREET EAST (AKA 13TH STREET COURT EAST OR CAROLINA STREET),

20TH AVENUE EAST, AND 21ST AVENUE EAST (AKA VIRGINIA AVENUE) (AS

RECORDED IN OR BOOK 1318, PAGE 1841; OR BOOK 1319, PAGE 2905; AND

PLAT BOOK 4, PAGE 104).

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider adoption of

ORDINANCE 92-06 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE FUTURE

LAND USE MAP (SHEET 11) FROM RES-6, RES-9 AND IL TO IU FOR CERTAIN

LAND LOCATED BETWEEN U.S. 301, 200 FEET EAST OF 13TH STREET EAST,

CSX RAILROAD TRACKS AND 20TH AVENUE EAST, CONSISTING OF 23.07

ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE

DATE.

(PA-92-06; Property Owner - Tropicana Products, Inc.)

Planning Commission recommended Adoption.

Public hearing (Notice in The Bradenton Herald 6/5/92) was held to

consider approval of

PDUI-90-OKZ) (G) (R2) TROPICANA PRODUCTS, INC. (APPROVED)

Request: Rezone from RSF-6 and LM to PDUI and approval of a

General Development Plan that includes 243,700 square feet of

industrial and storage uses, transportation facilities, and

off-street parking on 23.07 acres northeast of the intersection of

U.S. 301 and 26th Avenue East, 800 feet west of 15th Street East,

east of the Seaboard Coastal Railroad tracks and south of 20th

Avenue East, directly south and east of existing Tropicana

property.

Planning Commission recommended DENIAL.

Staff recommended APPROVAL with 12 stipulations and modification of

sidewalk requirement along the west side of relocated 13th Street

East and 26th Avenue East.

RECORD S42-110

PDUI-90-OKZ) (G) (R2) AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY,

ORDINANCE NO. 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 RSF-6 AND

LM TO PDUI; AND APPROVAL OF A GENERAL DEVELOPMENT PLAN THAT

INCLUDES 243,700 SQ. FT. OF INDUSTRIAL AND STORAGE USES,

TRANSPORTATION' FACILITIES, AND OFF-STREET PARKING; PROVIDING AN

EFFECTIVE DATE.

Jim Staples, Public Works, reviewed concerns addressed with regard to

the configuration of the relocated roadway and recommended approval of

the street vacation.

Laurie Suess, Planning, Permitting and Inspections, referred to a map

outlining the area regarding the Plan Amendment. She reviewed issues of

the Development of Regional Impact (DRI) issue and housing replacement.

She reviewed objections from the State (addressed in Attachment 11 in

the staff report), and submitted revised calculations for

transportation, water analysis and water treatment.

Ms. Suess reviewed the request for PDUI-90-01 (Z) (G) (R2) , referring to the

site plan. She addressed concerns with the existing residential

neighborhood to the east. She also addressed concern with regard to the

streets.

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JUNE 25. 1992 (Cont'd)

Discussion: Sidewalks; fence and buffer area; ammonia warning system

outlined on site plan; affordable housing replacement addressed in

Stipulation 7; noise mitigation, etc.

Ms. Suess agreed with amended language to the Planning Commission's

Stipulation 12:

"The alternative roadway configuration as submitted by Tropicana

shall be incorporated into this amendment to the Amended General

Development Plan."

(Mrs. Glass absent during a portion of the discussion)

Mr. Barnebey suggested an amendment to the first sentence of

Stipulation 10:

Replace "...at the time of the street vacation of 13th Street

East,..." with "...consistent with this General Development Plan

approval..."

Clara Campbell, Planning, Permitting and Inspections, stated that the

School Board requested the County consider building the sidewalks closer

to the school to try to complete a larger part of the sidewalk system.

Bob Lombardo, Lombardo & Skipper Associates, reviewed the General

Development Plan and addressed drainage, the design of the project,

setbacks, loading areas and access.

John Moody, Swan, Moody & Associates, reviewed graphics pointing out the

proposed landscaping plan. He stated they have developed a very thick,

dense buffer which exists as a natural woodland.

He stated a tree survey was conducted and a Laurel Oak Tree was

identified within the proposed roadway. He submitted Exhibit 1,

Alternate Road Configuration, recommending a "loop system" for relocated

13th Street Court East in order to preserve the tree (36" diameter Oak) .

Rick Fawley, Richard Fawley Architects, presented a video identifying

six areas between Tropicana and the residences to the east, as video

taped on March 3, 1992, and denoted on Exhibit 2, G.D.P. Submittal,

Video Orientation Plan; the same areas with the proposed landscaping

plan; and the proposed landscaping after five years growth.

Mr. Prather stated Tropicana consultants have advised the loop system

works best for the protection of and compatibility with the

neighborhood.

He addressed the stipulations as outlined in his letter of June 24,

1992, and recommended amendments to Stipulations 3, 7, 10, and 12.

RECORD S42-111

Recess/Reconvene. All members present except Mr. Chance and Mr. Chetlain.

COMPREHENSIVE PLAN AMENDMENTS

Steve Gavigan, Department of Community Affairs (DCA), presented a letter

(6/23/92) from Robert Pennock, Bureau of Local Planning, explaining his

role regarding Plan Amendments as a representative of DCA.

TROPICANA PRODUCTS, INC. (CONTINUED)

Johnny Simpson, Jr., 1403 23rd Avenue East, questioned the location of

the security fence. Following explanation by Mr. Prather, Mr. Simpson

stated he would prefer relocated 13th Street Court East be constructed

as a straight road (connected to 20th, 21st, 22nd, and 23rd Avenues

East).

(Enter Mr. Chetlain during presentation)

Discussion: Location of retention area, etc.

Carolyn Simpson, 1403 23rd Avenue East, spoke in opposition to the

requests. She expressed concern with the ammonia in the freezers of the

storage buildings, the retention pond, the odor from Tropicana, noise

from trains, sidewalks, the vacating of 13th Street Court East, etc.

077

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078

JUNE 25. 1992 (Confd)

Reatha Mosely; 1404 22nd Avenue East, spoke in opposition to the

requests. She agreed with Mrs. Simpson's comments.

(Enter Mr. Chance)

Mr. Prather responded to comments made during the public hearings. He

stated the freezers have been addressed in previous hearings; Tropicana

is required to install warning systems on each of the freezers, which is

included in the General Development Plan; it is not possible to

eliminate the security road and retain the existing 13th Street Court

East. •'

Mrs. Simpson and Ms. Mosely stated they would prefer to have the

existing 13th Street Court East remain where it is currently located.

Discussion: Road closure and vehicular restricted access aids in the

prevention of crime; the homes in the area are approximately 20 years

old; when did Tropicana begin using the railroad tracks; etc.

Further discussion: Have there been ammonia leaks in Tropicana; school

bus pickups; the video showed some screening provided for the train

tracks to the west; limiting the hours of operation to normal working

hours for the loading docks on the southeast side of the proposed

buildings; what is the distance from the security fence to the homes if

the looped roads are constructed; the fence will be integrated into the

landscape buffering; maintenance of the landscaping; etc.

Recess/Reconvene. All members present except Mrs. Harris, Mr. McClash, and

Mr. Chance.

The public hearings were continued to later in the meeting to allow

staff time to finalize the stipulations.

(Enter Mrs. Harris)

RAINFALL/STORM - STATUS REPORT

Mike Latessa, Public Safety Director, provided a status report of the

ongoing rainfall, tides, localized flooding and the dam status. He

stated the rainfall should continue throughout the day.

Mr. Latessa stated the EOC (Emergency Operations Center) is not

activated at this time.

(NOTE: See further discussion/action later in the meeting)

PARTICIPATION PROJECT: MYAKKA/8INGLETARY ROAD - PUBLIC HEARING

The Chairman noted that the public hearing scheduled for 6:30 p.m., this

date, will be continued due to the weather situation. The date of the

hearing will be announced later in the meeting.

COMPREHENSIVE PLAN AMENDMENTS (CONTINUED)

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider *

ORDINANCE 92-02 AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED,

THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN

AMENDMENT TO THE FUTURE LAND USE MAP (SHEET 19) FROM RES-3 TO

ROR FOR CERTAIN LAND LOCATED AT THE NORTH SIDE OF THE

INTERSECTION OF THE BRADEN RIVER AND STATE ROAD 70, CONSISTING

OF 8.8 ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE.

(PA-92-02; County Initiated; Property Owner - Steve Marshall)

Planning Commission recommended adoption.

i • « i i

Leon Kotecki, .Planning, Permitting and Inspections, referred to map

pointing out the location of the property. He stated the property owner

requested 8.8 acres be amended; however, staff recommends 4.3 acres on

the southern half of the site be considered for ROR.

(Enter Mr. McClash during presentation)

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JUNE 25, 1992 (Cont'd)

He reviewed DCA's objections as outlined in the Objections,

Recommendations and Comments (ORC) Report and reviewed staff's response

to that ORC Report.

(Enter Mr. Chance)

(Depart Mr. McClash)

He suggested the area be left in the Coastal High Hazard Area (CHHA).

Discussion: Are these new concerns from DCA; new report issued in

August 1991 from the Tampa Bay Regional Planning Council indicating new

areas that have been scientifically proven to flood; this was new

information to staff; staff does find the site to be in the CHHA; staff

is no longer recommending the northern portion of this site that had not

been altered/filled; confusion on the State's part that the application

had been amended.

Steve Marshall, property owner, stated there are certain aspects of the

staff report with which he does not agree. According to the FEMA

contour aerials, most of the property being considered for category

change is five feet or more in elevation, which places it outside of the

CHHA.

(Enter Mr. McClash)

Based upon the evidence presented and comments made at the public

hearing, upon the Technical Support Documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt

Manatee County Ordinance 92-02/Plan Amendment PA-92-02. Motion was

seconded by Mrs. Glass. Voting "Aye" were Mr. Chetlain, Ms. Snell,

Mrs. Harris, Mrs. Hooper and Mrs. Glass. Voting "Nay" were Mr. Chance

and Mr. McClash. Motion carried.

RECORD S42-112

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-04 AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED,

THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN

AMENDMENT TO THE FUTURE LAND USE MAP (SHEET 15) FROM AG/R/WO-M

TO CON/WO-M FOR CERTAIN LAND LOCATED IMMEDIATELY NORTH OF

STATE ROAD 64 AT SECTION 33 OF TOWNSHIP 34 SOUTH, RANGE 21

EAST, CONSISTING OF 1,647 ACRES; PROVIDING FOR SEVERABILITY;

AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-04; County Initiated; Property Owner - West Florida Agro,

Ltd/Manatee County)

Planning Commission recommended Adoption.

Ms. Benac stated that DCA had no objections to this amendment.

Based on the evidence presented and comments made at the public hearing,

and the technical support documents, and finding this request to be

consistent with the provisions of Chapter 163, Florida Statutes, and the

Manatee County Comprehensive Plan, Mrs. Glass moved to adopt Manatee

County Ordinance 92-04/Plan Amendment PA-92-04. Motion was seconded by

Mr. Chetlain and carried unanimously.

RECORD S42-113

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-03 AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED,

THE MANATEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN

AMENDMENT TO THE FUTURE LAND USE MAP (SHEET 19) FROM RES-9 TO

ROR FOR CERTAIN LAND LOCATED AT THE SOUTH SIDE OF THE

INTERSECTION OF THE BRADEN RIVER AND STATE ROAD 70, CONSISTING

OF 7.88 ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR

AN EFFECTIVE DATE.

(PA-92-03; County Initiated; Property Owner - Steve Marshall)

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080

JUNE 25. 1992 (Confd)

Mr. Kotecki reviewed the response to the ORC Report.

(Depart Mr. Chance)

Dawn Wolfe, Planning, Permitting and Inspections, stated there is no

secondary access to this property and, regardless of the amount of

impact on S.R. 70, this property could not be developed until S.R. 70 is

widened, unless -the developer could prove otherwise.

Mr. Marshall repeated his comments made during the public hearing of

Ordinance 92-02/Plan Amendment PA-92-02.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt

Manatee County Ordinance 92-03/Plan Amendment PA-92-03. Motion was

seconded by Mrs. Harris. Voting "Aye" were Mr. Chetlain, Ms. Snell,

Mrs. Harris, Mrs. Hooper, and Mrs. Glass. Voting "Nay" was Mr. McClash.

Motion carried.

RECORD S42-114

TROPICANA PRODUCTS. INC. (CONTINUED)

Ms. Suess presented recommended amendments to the stipulations for the

General Development Plan, PDUI-90-01(Z)(G)(R2) , as recommended by staff,

with applicant's recommendations.

RECORD S42-115

There was consensus that staff's recommendation for Stipulation 7 be

included in the approvals.

(Enter Mr. Chance)

Discussion: Location of buildings outlined in Stipulation 6.

Motion - Street Vacation/R-92-93-V

Mrs. Hooper moved to adopt Resolution R-92-93-V vacating a portion of

the plat of Lincoln Terrace, 13th Street East, also known as 13th Street

Court East, 20th Avenue East, and 21st Avenue East. Motion was seconded

by Mrs. Harris and carried unanimously.

RECORD S42-116

Motion - Ordinance 92-06/Plan Amendment PA-92-06

Based on-the evidence presented and comments made at the public hearing,

the technical support documents, and finding the request to be

consistent with the provisions of Chapter 163, Florida Statutes, and the

Manatee County Comprehensive Plan, Mrs. Glass moved to adopt Manatee

County Ordinance 92-06/Plan Amendment PA-92-06. Motion was seconded by

Mrs. Hooper and carried unanimously.

RECORD S42-117

Motion - PDPI-90-OlfZ)(G)(R2) - Failed to Carry

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, motion was made by

Mr. McClash, and seconded by Mr. Chetlain, to adopt Manatee County

Ordinance PDUI-90-01(Z) (G) (R2) , approve the General Development Plan with

Stipulations 1 through 11 as outlined in the document submitted by the

Planning Department dated June 25, 1992, with the staff recommendation

for Stipulation,7 and not including Stipulation 12, approve the Revised

Master Development Plan, PDUI-90-01(G)(R), approve the findings to

approve the modification, and approve the modification of the sidewalk

requirements along 13th Street East in conjunction with Stipulation 11,

as recommended by staff. Voting "Aye" were Mr. Chetlain and

Mr. McClash. Voting "Nay" were Mr. Chance, Ms. Snell, Mrs. Harris,

Mrs. Hooper, and Mrs. Glass. Motion failed to carry.

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JUNE 25. 1992 (Cont'd)

Motion - PDUI-90-OKZ) (G) (R2) - Carried

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, motion was made by

Mrs. Harris, and seconded by Mr. Chance, to adopt Manatee County

Ordinance PDUI-90-01(Z) (G) (R2) , approve the General Development Plan with

Stipulations 1 through 12 as outlined in the document submitted by the

Planning Department dated June 25, 1992, with staff's recommendation for

Stipulation 7, approve the Revised Master Development Plan,

PDUI-90-01(G)(R), approve the findings to approve the modification, and

approve the modification of the sidewalk requirements on 13th Street

East in conjunction with Stipulation 11, as recommended by staff.

Motion carried unanimously.

RECORD S42-118

ZONING

Public hearing (Notice in The Bradenton Herald 6/5/92) was held to

consider

PDC-86-17(P) (R) fAKA PDC-91-08(P)1 KMART

AT NORTH RIVER VILLAGE - PRELIMINARY SITE PLAN (APPROVED)

Request: Preliminary Site Plan to allow a 94,841 square-foot

addition to an existing shopping center plus Special Approval for

a project located in an Entranceway on 32 acres at the northeast

intersection of 60th Avenue East and U.S. 301 in Ellenton.

Planning Commission recommended APPROVAL of the Preliminary Site

Plan with stipulations; granting SPECIAL APPROVAL to amend a

Special Exception plan, and SPECIAL APPROVAL for a project 1) over

50,000 square foot and 2) located in an Entranceway.

Stipulations:

1. The Laurel Oak Trees as shown within the parking spaces in

front of the proposed K Mart building and one Hickory Tree

located in the southern row of the parking spaces shall be

preserved. Adequate landscape area, as certified by a

landscape architect, shall be provided around the trees to

assure their survival.

2. The drive aisle across the entrance drive into outlet B shall

be required to align with the entrance drive to outlet B.

3. One free standing pole sign, for the entire shopping center

development shall be permitted for each street frontage. All

out parcels associated with this development shall be limited

to one ground sign each.

4. The retention area shall comply with the maintenance schedule

submitted by the applicant, dated December 1, 1986, which

states:

(1) Mow and trim banks once every two weeks or as required to

maintain neat appearance.

(2) Pick up trash a minimum of two times weekly.

(3) Aquatic weed spraying on an "as-needed" basis.

5. Prior to Final Site Plan Approval, an Application for

Certificate of Level of Service Compliance must be submitted

and approved and a Certificate of Level of Service Compliance

issued.

6. Manatee County reserves the right to require additional off-

site improvements following the Concurrency Review.

7. Improvement to the intersection of U.S. 301 and 60th Avenue

East shall include, but not be limited to, the addition of a

second southbound right turn lane with appropriate signal

phasing and shall be completed prior to Certificate of

Occupancy.

Norm Luppino, Planning, Permitting and Inspections, reviewed the request

and the surrounding land uses. He stated the applicant will be removing

7,500 square feet from the existing shopping center and adding a 94,000

square-foot building.

(Depart Mrs. Harris and Mrs. Glass during presentation)

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082

JUNE 25. 1992 (Confd)

Discussion: Possibility of pedestrian/bicycle access between the Gulf

Coast Factory Outlet Mall and this shopping area; existing sidewalks/¬

design plans for 60th Avenue and U.S. 301; Code requirements for

sidewalks; etc.

(Enter Mrs. Glass and Mrs. Harris during discussion)

David Brooks, agent for Home Properties, Inc., had no objections to the

stipulations. With regard to bicycle paths, he stated they would be

willing to widen the existing five-foot sidewalk, however, it would have

to be done in the right-of-way.

Lengthy discussion followed regarding pedestrian and bicycle paths.

David Robinnette, engineer for Home Properties, Inc., addressed

pedestrian traffic.

Ms. Clarke recommended Stipulation 6 be amended to add:

"The analysis of off-site improvements shall include those

necessary for appropriate pedestrian connection."

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, Mr. Chetlain moved to approve

Preliminary Site Plan PDC-86-17(P)(R) with Stipulations 1 through 7,

including amendment to Stipulation 6, grant special approval to amend a

Special Exception Plan, and grant special approval for a project

(1) over 50,000 square feet and (2) located in an Entranceway, as

recommended by the Planning Commission. Motion was seconded by

Mrs. Hooper and carried unanimously.

RECORD S42-119

PDO-92-OKZ) fP) COAST BANK - PDO/WR/AI & P/PLAN (APPROVED)

Request: Rezone from RDD-4.5/WR/AI and PR-S/WR/AI to PDO/WR/AI and

approval of a Preliminary Site Plan to allow a 5,628 square foot

office facility on .54 acre on the west side of North Tamiami

Trail, 500 feet south of Whitfield Avenue and extending westward to

Sheppard Street.

Planning Commission recommended ADOPTION with Stipulations:

1. The proposed handicapped parking space shall be relocated one

space to the southwest.

2. A hedge • to reach a height of six feet within two years of

planting shall be maintained within the ten-foot wide roadway

buffer along Sheppard Street.

and Modifications:

1. Section 710.1.5.5.3 to allow the elimination of the 5 foot

separation from the building to the drive-aisle;

2. Section 710.1.3.3.1 to allow the elimination of the 8 foot

setback from the side lot lines to the edge of pavement;

3. Section 604.5.4 to allow the elimination of the required

review for allowable interior noise levels within .the

building.

Public hearing (Notice in The Bradenton Herald 6/5/92) was held to

consider

PDO-92-OKZ^ (P) AN ORDINANCE OF THE COUNTY OF MANATEE,

FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY

ORDINANCE NO. 90-1, THE MANATEE COUNTY LAND DEVELOPMENT CODE,

RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE

COUNTY; PROVIDING FOR THE REZONING OF CERTAIN LAND FROM

RDD-4.5/WR/AI AND PR-S/WR/AI TO PDO/WR/AI; AND APPROVAL OF A

PRELIMINARY SITE PLAN TO ALLOW A 5,628 SQUARE FOOT OFFICE

FACILITY; PROVIDING AN EFFECTIVE DATE.

Ms. Benac reviewed the request and a map and pointed out the location of

the property as highlighted in red. She also reviewed a site plan. She

stated the -applicant is revising the parking layout, which will reduce

the number of parking spaces by approximately four spaces.

(Depart Mr. Chance) • • ,, ..

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JUNE 25. 1992 (Confd)

Discussion: Property lost nonconforming status; parking does not meet

LDC requirements; parking study provided; staff would like to limit use

of site; modification 3 not necessary.

Ms. Benac recommended approval of the rezone, modifications 1 and 2 and

denial of the site plan.

Stephen Thompson, representing Coast Bank, stated the property has been

used since 1965 for general office uses. Coast Bank has contracts with

a Certified Public Accountant (CPA) and a dentist for use of the

building.

He stated the CPA has previously occupied this site and indicated he had

no problems with the parking. To require compliance with the current

parking requirements would impose a significant hardship on the owner

because a portion of the building would have to be removed.

Inasmuch as the airport is proposing a park on properties it is

acquiring in the area, this property will not abut residential

properties; Sheppard Street will separate the subject property from the

proposed park.

Dickson Btauffer submitted a letter from Steve Belack, Vice President of

the Whitfield Estates-Ballentine Manor Estates Association, advising the

Board that the Association has asked Mr. Stauffer to represent them in

this matter.

He expressed concern with comments in the staff report which refer to

possible expansion of the "professional corridor." He requested that

all such references be deleted from the staff report.

Mr. Stauffer pointed out the paragraphs in which references were made to

the extension of the professional corridor as page 4, paragraph 1;

page 6, paragraph 8 and 9; pages 6 and 7, paragraph 10.

Motion - Language Referencing Extension of Professional Corridor

Mrs. Harris moved to correct any language referring to a professional

extension of corridor into the Sheppard Street area or west of the

property (via a corrected staff report). Motion was seconded by Mrs.

Glass and carried 6 to 0.

Based upon the staff report, evidence presented and comments made at the

public hearing, the action of the Planning Commission, and finding the

request to be consistent with the Manatee County Comprehensive Plan and

the Manatee County Land Development Code, Mrs. Harris moved to adopt

Manatee County Ordinance PDO-92-01(Z), approve the Preliminary Site Plan

with Stipulations 1 and 2, adopt the findings for modifications, and

approve the modifications of the requirements of the Land Development

Code (1) Section 710.1.5.5.3 to allow the elimination of the five-foot

separation from the building to the drive-aisle, (2) Section 710.1.3.3.1

to allow the elimination of the eight-foot setback from the side lot

lines to the edge of pavement, and (3) Section 710.1.4 to allow an

eleven space reduction in the required parking. Motion was seconded by

Mrs. Glass and carried 6 to 0.

RECORD S42-120

MYAKKA/8INGLETARY ROAD - PUBLIC HEARING (CONTINUED)

Motion was made by Mrs. Glass, seconded by Mr. Chetlain and carried

6 to 0, to authorize Mrs. Hooper to continue the Singletary Road public

hearing to July 16, 1992, at 6:30 p.m., at the Myakka Elementary School

cafeteria.

(Depart Mrs. Harris)

ZONING (CONTINUED)

Z-90~14(G)(R) DAVID T. & EDITH P. DEMARE8T -

AMENDMENT TO APPROVED RE20NE/GENERAL DEVELOPMENT PLAN (APPROVED)

Request: Amendment to an approved rezone/general development plan

to delete the requirement to provide piping improvements as

stipulated (Stipulation 2), on 35.04 acres on the east side of

Lockwood Ridge Road 100 feet south of the intersection of Lockwood

Ridge and Tallevast Roads.

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084

JUNE 25. 1992 (Confd)

Staff recommended APPROVAL subject to the remaining stipulations:

1. A five-foot sidewalk shall be required along Lockwood Ridge

Road.

2. The stabilized emergency access shown on this General

Development Plan shall be acceptable to Manatee County Public

Works Department and the Fire District.

3. Road improvements at the entrance shall include a left hand

storage lane on Lockwood Ridge Road.

4. A setback of 50 feet from all post-development DER

jurisdictional wetlands and 30 feet from all other

jurisdictional wetlands shall be shown on the Preliminary Site

Plan for this project.

5. A landscaped buffer, no less than 20 feet in width, for the

entire frontage of this site along Lockwood Ridge Road shall

be shown on the Preliminary Site Plan for this development.

6. A stormwater quality and quantity monitoring plan shall be

submitted by the applicant and approved by Manatee County as

a condition of preliminary plan approval.

7. All trees shall be protected, except to the extent that tree

removal permits shall be allowed only as necessary to complete

development consistent with the General Development Plan.

Stipulation Requested to be Deleted;

This development may not proceed with construction until pipe

improvements for the Rattlesnake Slough under Palm Aire Drive

have commenced construction, as designed by the Manatee County

Public Works Department.

Public hearing (Notice in The Bradenton Herald 6/5/92) was held to

consider

Z-90-14(G)(R) AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING APPROVED MANATEE COUNTY ORDINANCE NO. Z-90-14(G) TO AMEND

THE GENERAL DEVELOPMENT PLAN TO DELETE THE REQUIREMENT TO PROVIDE

PIPING IMPROVEMENTS AS STIPULATED.

Ms. Benac advised that on December 13, 1990, the Board approved a rezone

and a general development plan for 280 multi-family units with an

existing single-family home on this site.

Inasmuch as there was concern regarding drainage problems in the area,

and because it was anticipated that the piping would be completed prior

to construction of this project, a stipulation was included in the

approval to require the improvements to the pipe prior to the applicant

moving forward with the project. However, there were delays with

obtaining permits from the Southwest Florida Water Management District

(SWFWMD) .' The permits have now been acquired and the applicant is

requesting the ability to move forward with the development, while the

County is in the process of improving the pipe.

Sia Mollanazar, Public Works, stated the SWFWMD permit has been

approved, pending approval by the Department of Environmental

Regulations.

(Enter Mrs. Harris)

Speaking in support of this request were:

Andy Anderson

Dean Mason, representing St. Barbara Church

David Demarest, applicant, explained that the approvals for development

of this property will expire without approval.

Based upon the staff report, evidence presented and comments made at the

public hearing, and finding the request to be consistent with the

Manatee County Comprehensive Plan and the Manatee County Land

Development Code, Mrs. Hooper moved to approve Z-90-14(G)(R) to delete

Stipulation , 2 .which requires the developer to provide piping

improvements as stipulated, and subject to the remaining seven

stipulations of the original approval. Motion was seconded by

Mrs. Harris and carried 6 to 0.

RECORD S42-121

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JUNE 25, 1992 (Cont'd)

CHILD SUPPORT HERRING OFFICER

Karen Jackson-Sims, Acting County Administrator, recommended (6/22/92

memo) approval and execution of a Certification Regarding Debannent,

Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts

which was omitted from the June 16, 1992, approval of the renewal of

funding agreement with the Department of Health and Rehabilitative

Services for reimbursement of Child Support Hearing Officer expenses.

Motion was made by Mrs. Glass, seconded by Mr. Chetlain and carried

6 to 0, to approve and authorize execution of the Certification.

RECORD S42-122

COMPREHENSIVE PLAN AMENDMENTS (CONTINUED)

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-07 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE FUTURE

LAND USE MAP (SHEET 18) FROM RES-6 TO ROR FOR CERTAIN LAND LOCATED

AT 7218 NORTH TAMIAMI TRAIL, CONSISTING OF .07 ACRE; PROVIDING FOR

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-07; county Initiated; Property Owner - Rosemary Azar)

Planning Commission recommended adoption.

Michael Wood, Planning, Permitting and Inspections, advised that this

Plan Amendment is for a portion of property which was inadvertently

omitted from the approval of a Plan Amendment on July 18, 1991.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mr. McClash moved to adopt

Manatee County Ordinance 92-07/Plan Amendment PA-92-07. Motion was

seconded by Mrs. Harris and carried 6 to 0.

RECORD S42-123

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-05 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE

HOUSING ELEMENT TO SET ASIDE AND COMMIT AVAILABLE CAPACITY IN

PUBLIC FACILITIES FOR THE FUTURE AND EXCLUSIVE USE OF PROJECTS

AGREEING TO DEVELOP AFFORDABLE HOUSING AND SEEKING TO COMPLY WITH

CONCURRENCY REQUIREMENTS FOR ADEQUATE LEVELS OF SERVICE IN PUBLIC

FACILITIES CONCURRENT WITH THE IMPACTS OF LAND DEVELOPMENT-

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-05; County Initiated - Affordable Housing Text)

Planning Commission recommended adoption.

Miles Gentry, Planning, Permitting and Inspections, advised that no

objections were received on this Plan Amendment.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mr. Chetlain moved to adopt

Manatee County Ordinance 92-05/Plan Amendment PA-92-05. Motion was

seconded by Mr. McClash and carried 6 to 0.

RECORD S42-124

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

085

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086

JUNE 25. 1992 (Cont'd)

ORDINANCE 92-10 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE

EXPIRATION PROVISIONS FOR CONCURRENCY CERTIFICATES OF LEVEL OF

SERVICE FOR SINGLE FAMILY DETACHED DWELLING UNITS; PROVIDING FOR

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-10; County Initiated; Property Owner - Pursley, Inc.)

Planning Commission recommended Adoption.

Mr. Gentry advised that no objections to this Plan Amendment were

received.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mrs. Hooper moved to adopt

Manatee County Ordinance 92-10 (PA-92-10). Motion was seconded by

Mrs. Harris and carried 6 to 0.

- t RECORD S42-125

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-11 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT TO THE FUTURE

TRAFFIC CIRCULATION MAP: PROPOSED NUMBER OF LANES OF THE TRAFFIC

CIRCULATION ELEMENT, ON MAP 5A-2, CHANGING U.S. 41 (BYPASS) BETWEEN

BUSINESS U.S. 41 AND 12TH STREET COURT (NORTHERLY PALMETTO CITY

LIMITS) FROM SIX LANES TO FOUR LANES, CHANGING U.S. 301 BETWEEN

CANAL ROAD AND COUNTY ROUTE 683 (ELLENTON-GILLETTE ROAD) FROM SIX

LANES TO FOUR LANES, ON MAP 5A-3 , CHANGING 86TH STREET WEST BETWEEN

CORTEZ ROAD AND 53RD AVENUE WEST EXTENSION FROM FOUR LANES TO TWO

LANES, CHANGING 53RD AVENUE WEST EXTENSION BETWEEN 86TH STREET WEST

AND 75TH STREET WEST FROM FOUR LANES TO TWO LANES, CHANGING 43RD

STREET WEST BETWEEN CORTEZ ROAD AND BAYSHORE GARDENS PARKWAY (EL

CONQUISTADOR PARKWAY) FROM FOUR LANES TO TWO LANES, ADDING A

CORRIDOR STUDY AREA CONSISTING OF ALL WATER OF SARASOTA BAY BOUNDED

ON THE NORTH BY THE CORTEZ BRIDGE (STATE ROUTE 684) AND ON THE

SOUTH BY THE MANATEE-SARASOTA COUNTY LINE TO EVALUATE THE

ENVIRONMENTAL, SOCIAL, AND FUTURE FUNDING POSSIBILITIES OF AN

ADDITIONAL SARASOTA BAY CROSSING; ON MAP 5A-4 CHANGING U.S. 301

BETWEEN U.S. 41 AND 38TH AVENUE EAST FROM SIX LANES TO FOUR LANES,

CHANGING STATE ROUTE 64 BETWEEN 39TH STREET EAST (EAST OF THE

BRADEN RIVER) AND INTERSTATE HIGHWAY 75 FROM SIX LANES TO FOUR

LANES; 'CHANGING 44TH AVENUE EAST BETWEEN 45TH STREET EAST AND

PROPOSED EXTENSION OF UPPER MANATEE RIVER ROAD FROM FOUR LANES TO

TWO LANES; PROVIDING FOR AN AMENDMENT TO THE FUTURE TRAFFIC

CIRCULATION MAP: PROPOSED FUNCTIONAL CLASSIFICATION, OF THE TRAFFIC

CIRCULATION ELEMENT, ON MAP 5A-7 ADDING A CORRIDOR STUDY AREA

CONSISTING OF ALL WATER OF SARASOTA BAY BOUNDED ON THE NORTH BY THE

CORTEZ BRIDGE'(STATE ROUTE 684) AND ON THE SOUTH BY THE MANATEE-

SARASOTA COUNTY LINE, TO EVALUATE THE ENVIRONMENTAL, SOCIAL, AND

FUTURE FUNDING POSSIBILITIES OF AN ADDITIONAL SARASOTA BAY

CROSSING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE.

(PA-92-11; County Initiated - Traffic Circulation Element)

Planning Commission recommended adoption.

Mr. Kotecki advised that the State had no comments.

He stated this amendment is to coordinate with the Metropolitan Planning

Organization in terms of road lanes in various locations throughout the

County. With approval of this amendment, the number of lanes will

correspond to the Sarasota Manatee Area Transportation Plan.

Discussion: New highway capacity calculations are reflected, capacity

of the.roadways are not being changed; right-of-way reservations; etc.

(Depart Mrs. Glass during discussion)

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JUNE 25. 1992 (Cont'd)

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mr. McClash moved to adopt

Manatee County Ordinance 92-11/Plan Amendment PA-92-11. Motion was

seconded by Mrs. Harris and carried 5 to 0.

RECORD S42-126

Public hearing (Notice in The Bradenton Herald 6/19/92) was held to

consider

ORDINANCE 92-13 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING MANATEE COUNTY ORDINANCE 89-01, AS AMENDED, THE MANATEE

COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN AMENDMENT FOR

RECREATIONAL USES IN THE AG/R FUTURE LAND USE CATEGORY; DELETING

ANNEXED PROPERTY FROM THE FUTURE LAND USE MAPS; PROVIDING FOR

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-13; County Initiated)

(Enter Mrs. Glass)

Mr. Wood advised that no comments were received from the State.

Based upon the evidence presented and comments made at the public

hearing, upon the technical support documents, and finding the request

to be consistent with the provisions of Chapter 163, Florida Statutes,

and the Manatee County Comprehensive Plan, Mr. McClash moved to adopt

Manatee County Ordinance 92-13/Plan Amendment PA-92-13. Motion was

seconded by Mr. Chetlain and carried 6 to 0.

RECORD S42-127

RAINFALL/STORM - STATUS REPORT (CONTINUED)

Mr. Latessa provided a status report of the rainfall/storm, levels of

various flooding and road closures. He stated the EOC is partially

activated and the Red Cross has been requested to open a shelter.

Karen Windham, Public Safety, advised that the Rye Bridge area will have

to be flooded when water is released from the Lake Manatee dam.

Discussion: Allowing employees to leave work; Palmetto Point road

construction intervention by Department of Environmental Regulations.

Motion was made by Mrs. Harris and seconded by Mrs. Hooper, to authorize

County employees to leave work if they feel it is appropriate and are

concerned about their safety and traveling under the current weather

conditions. Upon question, it was noted that this will be with pay.

Motion carried 6 to 0.

Personnel - Payment of Food

Following discussion with regard to the possibility of authorizing

expenditures of funds for food for employees who are working during the

weather emergency and cannot leave their work stations, the Chairman

requested this item be brought back later in the meeting.

COMPREHENSIVE PLAN AMENDMENTS (CONTINUED)

Public hearing (continued from 5/28/92) was held to consider

transmitting to DCA

ORDINANCE 92-36 AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA,

AMENDING THE MANATEE COUNTY COMPREHENSIVE PLAN, ORDINANCE 89-01, AS

AMENDED; PROVIDING FOR AN AMENDMENT DELETING FISCAL YEARS 1991 AND

1992 AND APPLICABLE DATA, AND ADDING FISCAL YEAR 1997 AND

APPLICABLE DATA TO TABLES 12-1, 12-2, 12-3, 12-4, AND 12-OA OF THE

CAPITAL IMPROVEMENTS ELEMENT, AND TABLE 5-1 OF THE TRAFFIC

CIRCULATION ELEMENT; PROVIDING FOR AN AMENDMENT TO TABLE 12-1,

SCHEDULE OF CAPITAL IMPROVEMENT PROJECTS, FY 1991-1996, INVOLVING

REVISIONS TO SCOPE, FORMAT, TIMEFRAME, COSTS, FUNDING SOURCES, AND

CONTENT TO TRANSPORTATION PROJECTS, DRAINAGE PROJECTS, PARKS

PROJECTS, SANITARY SEWER PROJECTS, SOLID WASTE PROJECTS, POTABLE

WATER PROJECTS, AND MASS TRANSIT PROJECTS; PROVIDING FOR

087

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088

JUNE 25. 1992 (Confd)

COUNTERPART AMENDMENTS TO TABLE 12-2, GENERAL GOVERNMENT FUNDING OF

CAPITAL IMPROVEMENTS, FY 1991-1996; TABLE 12-3, ENTERPRISE

OPERATIONS FUNDING OF CAPITAL IMPROVEMENTS, FY 1991-1996; TABLE 12-

4, SUMMARY OF REVENUES AND EXPENDITURES FOR CAPITAL PROJECTS, FY

1991-1996; TABLE 12-OA, MANATEE COUNTY PEAK HOUR LEVEL OF SERVICE

STANDARDS; AND TABLE 5-1, MANATEE COUNTY PEAK HOUR LEVEL OF SERVICE

STANDARDS TO REFLECT AMENDMENTS TO SCOPE, FORMAT, TIMEFRAME, COSTS,

FUNDING SOURCES, AND CONTENT OF SAID TABLE 12-1; PROVIDING FOR THE

AMENDMENT OF RELATED INFORMATION NECESSARY TO IMPLEMENT THE CHANGES

TO THE CAPITAL IMPROVEMENTS SCHEDULE; PROVIDING FOR SEVERABILITY;

AND PROVIDING FOR AN EFFECTIVE DATE.

(PA-92-18; County Initiated - Capital Improvement Element)

Planning Commission recommended Adoption)

Mr. Spence submitted a modification of Table 12-1 from the staff report,

Attachment 1 (Page 15 of 18).

He stated this amendment is an annual evaluation required under State

law and the Comprehensive Plan. He advised that staff is preparing an

ordinance regarding a Capital Improvement Program (CIP), pursuant to

Chapter 163, Florida Statutes.

He reviewed the staff report and highlighted items that are being

recommended for change in the capital improvement element.

Based upon the evidence presented and comments made at the public

hearing, the action of the Planning Commission, upon the technical

support documents '"and finding the reguest to be consistent with the

provisions of Chapter 163, Florida Statutes, and the Manatee County

Comprehensive Plan, Mr. Chetlain moved to approve for transmittal

Manatee County Ordinance 92-36 (Plan Amendment PA-92-18), as recommended

by the Planning Commission, to the Florida Department of Community

Affairs, and authorize the Chairman to sign the letter of transmittal.

Motion was seconded by Mrs. Harris and carried 6 to 0.

DEVELOPMENTS OF REGIONAL IMPACT

Report regarding the future of DRI's and DCA's workshop of June 22,

1992, was continued to a later date.

MANATEE WOODS APARTMENTS - AFFORDABLE HOUSING UNITS

Ms. Clarke advised that the amendment to agreement with Manatee Woods

Apartments. Limited Partnership, to implement land use and deed

restrictions to establish the number of affordable housing units to be

provided and ensure the affordability of the units, will be placed on

the June 30, 1992, agenda.

WEST COAST INLAND NAVIGATION DISTRICT - FY 1992-1993 FUNDING

Karen Collins, Environmental Action Commission Director, recommended

(5/27/92 memo) adoption of Resolutions R-92-142, R-92-143, and R-92-145,

and execution of agreements with the West Coast Inland Navigation

District (WCIND) and recipients of Fiscal Year 1992-1993 funding.

R-92-142 A RESOLUTION ESTABLISHING A BOATING EDUCATION AND

SAFETY PROGRAM WITH FUNDING PROVIDED BY THE WEST COAST INLAND

NAVIGATION DISTRICT (GRANTOR) TO MANATEE COUNTY (GRANTEE) WITH

TERMS FOR COMPLETION.

(Waterway Development Program Project Agreement with WCIND. $3,050;

Agreement with the United States Coast Guard Auxiliary. Flotilla 83

for a Boater Education & Safety Program.) S42-128

RECORD S42-129

S42-130

R-92-143 A RESOLUTION ESTABLISHING AN ENVIRONMENTAL EDUCATION

PROGRAM AND EXHIBIT WITH FUNDING PROVIDED BY THE WEST COAST

INLAND NAVIGATION DISTRICT (GRANTOR) TO MANATEE COUNTY

(GRANTEE) WITH TERMS FOR COMPLETION.

(Waterway Development Program Project Agreement with WCIND,,

$20,000; Agreement with South Florida Museum for a Native

Floridians: Manatees and Estuaries Program.)

RECORD S42-131

. • •S42-132

S42-133

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JUNE 25. 1992 (Cont'd)

^/;J/<, ^/?A---R_92..i45 A RESOLUTION ESTABLISHING A MARINE PATROL BOATER

•^-n-^^n SAFETY PROGRAM WITH FUNDING PROVIDED BY THE WEST COAST INLAND (/

NAVIGATION DISTRICT (GRANTOR) TO MANATEE COUNTY (GRANTEE) WITH

TERMS FOR COMPLETION.

(Waterway Development Program Project Agreement with WCIND.

$129,450; Agreement with Manatee County Sheriff's Office - Marine

Patrol Unit for a Boater Education & Safety Program.)S42-134

RECORD S42-135

S42-136

Motion was made by Mr. Chetlain, seconded by Mrs. Glass and carried

6 to 0, to adopt Resolutions R-92-142, R-92-143, and R-92-145, and

authorize execution of agreements between Manatee County and WCIND and

Manatee County and recipients.

GRANTS - FLORIDAFIX PROGRAM

Ken Rogers, Community Services, advised that there was a reduction in

the amount of cash match for the FloridaFix Program from $20,000 to

approximately $16,000. He stated this will be brought back to the Board

at a later date. ^

COUNTY ADMINISTRATOR -SEARCH FIRM

Mrs. Glass moved t'0 authorize the Chairman to execute agreement with the

Mercer Group . Inc. in order to undertake the executive search for the

position of Manatee County Administrator, at a cost not to exceed

$16,000. Motion was seconded by Mrs. Harris and carried 6 to 0.

RECORD S42-137

RAINFALL/STORM - STATUS REPORT (CONTINUED)

Personnel - Payment of Food

Ms. Clarke advised that staff is working to draft a resolution regarding

the payment of food for employees who cannot leave their work stations

during the weather emergency.

Recess/Reconvene. All members present except Mr. Chance, Mr. Chetlain, and

Mr. McClash.

Mr. Rothfuss requested the Board consider the following motion:

Move to do all things necessary to authorize and approve the

expenditure of funds for reimbursement or payment for food required

for the comfort and convenience of employees who cannot leave their

work stations for meals during the weather emergency commencing

June 24, 1992; expenditures must be authorized in advance by a

department director. Administrator, or Assistant Administrator and

expenditures shall not exceed the Statutory per diem allowance for

the number of employees for whom the food has been purchased.

Mrs. Glass so moved. Motion was seconded by Mrs. Harris.

It was clarified that the motion is not for employees who could not get

out of the building for lunch; it is for employees who are required to

stay at their work stations.

Motion carried 4 to 0.

COMMUNITY CENTERS - TEN-WEEK SUMMER PROGRAM

There was no action on request from Manatee Ministerial Alliance for

funding of five community centers for a ten-week summer program.

MEETING ADJOURNED

There being no further business, the meeting was adjourned.

Attest: , APPROVED: