PDR 13 25(P) FIDDLER S CREEK SUBDIVISION(DTS )

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1 B.O.C.C. 11/07/13 PDR 13 25(P) FIDDLER S CREEK SUBDIVISION(DTS ) An Ordinance of the Board of County Commissioners of Manatee County, Florida, regarding land development, approving a Preliminary Site Plan for 27 lots for single family detached residences on approximately acres on the west side of Prospect Road, approximately 1,000 feet north of Whitfield Avenue; subject to stipulations as conditions of approval; setting forth findings; providing a legal description; providing for severability, and providing an effective date. P.C.: 10/10/13 B.O.C.C.: 11/07/13 RECOMMENDED MOTION: Based upon the staff report, evidence presented, 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, as conditioned herein, I move to ADOPT Manatee County Zoning Ordinance No. PDR 13 25(P); APPROVE the Preliminary Site Plan with Stipulations A.1 A.3, B.1 B.3, and C.1 C.3; GRANT Special Approval for a project adjacent to a perennial stream; ADOPT the Findings for Specific Approval; and GRANT Specific Approval of an alternative to LDC Sections , , and , as recommended by the Planning Commission. (COMMISSIONER DISABATINO) PLANNING COMMISSION ACTION: On October 10, 2013, by a vote of 7 0, the Planning Commission recommended approval.

2 Page 2 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek PUBLIC COMMENT AND CORRESPONDENCE: There was no public comment and nothing was entered into the record at the October 10, 2013 Planning Commission public hearing.

3 Page 3 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek PROJECT SUMMARY CASE NUMBER: PROJECT NAME APPLICANT(S): ADDRESS: ACREAGE: FUTURE LAND USE CATEGORY: EXISTING ZONING: PDR 13 25(P), dts # Fiddler s Creek Subdivision Richard Schappacher 6700 Prospect Road 15.73± acres RES 6 (Residential six dwelling units per acre) PDR (Planned Development Residential) PROPOSED USE(S): EXISTING USE: SPECIAL APPROVAL: SPECIFIC APPROVAL(S): OVERLAY DISTRICTS: 27 lots for single family detached residences Vacant land Project adjacent to a perennial stream 1. reduced agricultural buffer width 2. reduced tree replacement sizes. 3. Allow one tree per lot rather than every 50 feet. N/A CASE MANAGER: Stephanie Moreland STAFF RECOMMENDATION: APPROVAL

4 Page 4 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek DETAILED DISCUSSION History: On December 14, 2004, the Board of County Commissioners approved a rezone of ±15.73 acres from A 1 (Suburban Agriculture, one dwelling unit per acre) to PDR (Planned Development Residential) and a Preliminary Site Plan [PDR 03 45(Z)(P)] for 27 lots for single family detached residences. The project was never constructed and the site plan has expired. Request: The current request is to approve a new Preliminary Site Plan for 27 lots for single family detached residences. The design is similar to the previously approved plan. The entire site is in the RES 6 (Residential six dwelling units per acre) Future Land Use Category (FLUC). This FLUC allows consideration of suburban or urban residential uses in the range of potential uses. Special Approval is required because the site is adjacent to a perennial stream. Planned development is the process necessary to achieve Special Approval. PDR zoning provides greater flexibility for the project when establishing appropriate buffers and setbacks to help mitigate potential adverse impacts on the surrounding agricultural neighborhood. With the exception of the access on Prospect Road for the lift station, the site plan shows one access connecting Prospect Road. There are no logical connections for an interneighborhood tie because the site is adjacent to a ditch to the north and west, a single family to the south and Prospect Road to the east. Recreational amenities on a total of 0.16± acres, include a trail system around the flood compensation area and stormwater retention ponds and an open area with benches. There are no wetlands on the site. Staff recommends approval with stipulations. GENERAL LOCATION: DENSITY: SITE CHARACTERISTICS AND SURROUNDING AREA Approximately 1,000 feet north of Whitfield Avenue Gross 1.71 dwelling units per acre Net 1.94 dwelling units per acre FLOOD ZONE(S) A F.I.R.M PANEL C (7/15/92)

5 Page 5 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek AREA OF KNOWN FLOODING UTILITY CONNECTIONS Yes County Water and Sewer SURROUNDING USES & ZONING NORTH SOUTH EAST WEST Overall Wetland Acreage: Proposed Impact Acreage: Single family residences (Centre Lake Subdivision) zoned RSF 4.5(Residential Single Family, 4.5 dwelling units per acre) Single family residence and pasture zoned A 1 (Suburban Agriculture one dwelling unit per acre Across Prospect Road, are single family residences Sarasota) zoned PDR/WP E (Planned Development Residential/Evers Reservoir Watershed Protection Overlay District) Pearce Canal and industrial uses zoned LM (Light Manufacturing) ENVIRONMENTAL INFORMATION None None Wetlands: According to the environmental narrative prepared by Eco Consultants dated June 2013 there are no jurisdictional wetlands on site. Uplands: According to the environmental narrative, there are no uplands/native habitat on site. Endangered Species: According to the environmental narrative no listed species were observed on or adjacent to the subject property. Trees According to the landscape plans, there is one tree on site subject to Section of the LDC. Replacement will be addressed through the required landscape trees for the project.

6 Page 6 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek Landscaping/Buffers: The LDC requires a 20 roadway buffer along thoroughfares and 10 along local roads. Greenbelt buffers of 15 are required around the perimeter of the project where the project does not abut rights of way. The site plan shows a 20 roadway buffer with the overhead power lines option of 5 understory trees and 50 shrubs per 100 linear feet. Staff is recommending that only 33 shrubs per 100 linear feet be provided, as 50 shrubs is too crowded. Also, the understory tree species that will be selected should be on the approved list for FP&L. The greenbelt buffer requires 1 canopy tree per 30 feet on center. The site plan shows this LDC requirement. Street trees are shown at the LDC required 1 tree per 50 linear feet. However, since the minimum lot width is approximately 60 staff has recommended Specific Approval for an alternative to Section to allow one tree per lot per frontage, as placing 2 trees on some lots that are not corner lots may be difficult and cause conflicts with infrastructure. Staff is in full support of the Specific Approval request. Species selection will be decided with the Final Site Plan. SITE DESIGN DETAILS MINIMUM LOT SIZE(S): SETBACKS: 6,840 square feet Front yard: 23 /25 * Side yard: 7.5 Rear yard: 15 Waterfront: 30 *A 25 foot separation is required between the garage and edge of sidewalks. Corner lots shall provide a 20 foot setback from the structure (non garage) to the property line adjacent to the other street. OPEN SPACE: RECREATIONAL ACREAGE: ACCESS: 78% or 12.26± acres 0.16± acres Prospect Road

7 Page 7 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek NEARBY DEVELOPMENT RESIDENTIAL Project Lot /units Density Minimum Lot size Approved Center Lake Subdivision 61 lots 3.3 7,000 sq. ft Sarasota ,050 sq. ft POSITIVE ASPECTS Nearby area is transitioning from suburban agricultural uses to single family residential development. Proposed density is significantly less than the maximum potential density in the RES 6 FLUC. NEGATIVE ASPECTS Small lots are proposed adjacent to the A 1 property to the south. The site may be impacted by the adjacent agricultural use to the south and light manufacturing uses to the west. MITIGATING MEASURES A six foot high decorative fence is to be installed along the south boundary, adjacent to the agricultural use with landscaping on the exterior side of the fence. The large floodplain compensation area and the Pearce Canal separate the lots from the light manufacturing uses to the west.

8 Page 8 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek STAFF RECOMMENDED STIPULATIONS A. DESIGN AND LAND USE CONDITIONS: 1. The Notice to Buyers shall be included in the Declaration of Covenants and Restrictions, and in a separate addendum to the sales contract and in the Final Site Plan shall include language to inform prospective homeowners of: a) Existing nearby LM zoning to the west and the potential for future light manufacturing uses and impacts associated with light manufacturing uses. b) The presence of neighboring agricultural uses, which may possibly include pesticides and herbicides and may have odors and noises associated with such uses. 2. Walls or fences within the roadway or perimeter buffers shall be measured from the finished grade of the adjacent roadway or lot (exclusive of any swales), whichever elevation is greater. This requirement shall be verified with a cross section detail on the Final Site Plan. 3. A 25 foot separation shall be required between the garage and edge of sidewalks. Corner lots shall provide a 20 foot setback from the structure (non garage) to the property line adjacent to the other street. B. STORMWATER CONDITIONS: 1. The stormwater management system shall be designed to provide a reduction of 50% or greater of the allowable pre development flow from the 25 year frequency, 24 hour duration storm event discharge. 2. A Drainage Easement along Pearce Canal shall be dedicated to Manatee County and be shown on the Final Site Plan and Final Subdivision Plats. In addition, a 25 foot wide Drainage Maintenance and Access Easement shall be dedicated on the east bank of Pearce Drain. The developer shall include in the Notice to Buyers that Manatee County has no obligation relative to Pearce Drain to maintain, change, improve, clean, repair erosion, or restore the natural changes in the course of the stream bed year floodplain compensation shall be compensated in sole use compensation areas, not dual use facilities (i.e., stormwater attenuation and floodplain compensation).

9 Page 9 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek C. ENVIRONMENTAL CONDITIONS: 1. A Construction Water Quality Monitoring Program and proposed sampling locations are required to be included in the ESCP information on the Final Site Plan in accordance with Section 519 of the LDC. 2. A Well Management Plan for the proper protection and abandonment of existing wells shall be submitted to the County for review and approval prior to Final Site Plan approval. The Well Management Plan shall include the following information: Digital photographs of the well along with nearby reference structures (if existing). GPS coordinates (latitude/longitude) of the well. The methodology used to secure the well during construction (e.g. fence, tape). The final disposition of the well used, capped, or plugged. 3. Irrigation for landscaping shall use the lowest water quality source available, which shall be identified on the Final Site Plan. Use of Manatee County public potable water supply shall be prohibited. REMAINING ISSUES OF CONCERN NOT RESOLVED OR STIPULATED None COMPLIANCE WITH LDC Standard(s) Required Design Compliance Proposal Y N Comments BUFFERS 20 roadway buffer along Prospect Road 20 Y Shown 15 perimeter buffers 15 Y Shown SIDEWALKS 5 internal sidewalks 5 Y Shown 5 sidewalk, exterior 5 Y Shown ROADS & RIGHTS OF WAY 50 internal rights of way 50 Y Streets to be public 24 paved roadways 24 Y Shown Inter neighborhood Ties No logical connection available

10 Page 10 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek COMPLIANCE WITH THE LAND DEVELOPMENT CODE Factors for Reviewing Proposed Site Plans (Section 508.6) Physical Characteristics: The site is currently vacant pasture and adjacent to two large ditches (one along the north side and Pearce Canal to the west). There are no wetlands. The site is in the Flood Zone A Category per FIRM Panel C, revised 7/15/92. A flood study shall be required to establish a Base Flood Elevation. Public Utilities, Facilities and Services: The project will utilize County water and sewer. There is an eight inch water line on the east side of Prospect Road and a 12 inch sanitary sewer force main stub on the west side of Prospect Road. The site is within one mile of Kinnan Elementary School (corner of Prospect Road & Tallevast Road). Compatibility: The site is adjacent to single family residences to the north (Centre Lake Subdivision), south and east (Cascades at Sarasota Subdivision). To the west across the drainage Canal are light manufacturing uses. With the exception of the industrial uses to the west, which are separated from the site by the Pearce Canal, the proposed use is compatible and consistent with the existing residential development patterns nearby. Transitions: The site is in an area which is transitioning from the suburban agricultural uses to residential developments. Timing of the request appears appropriate with the growing residential trends in the area. Design Quality: The project consists of 27 lots for single family detached residences at a density of 1.72 dwelling units per acre. The minimum lot size proposed is 6,840 square feet with a minimum lot width of 60 feet. Streets, Drives, Parking and Service Areas: The site design shows two internal cul de sac roadways connecting Prospect Road.

11 Page 11 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek Pedestrian Systems: The design shows five foot wide sidewalks on both sides of the streets within the project and five foot wide sidewalks along west side of Prospect Road adjacent to the project. Natural and Historic Features, Conservation and Preservation Areas: There are no known historical or archaeological resources on site. Density: A density of 1.72 is consistent and below the allowable potential density (six) for the RES 6 FLUC. Height: The maximum 35 foot height should not create any external impacts that would adversely affect the surrounding development. Fences and Screening: The site plan shows a six foot fence or wall along Prospect Road and along the south perimeter of the site. A four foot tall fence is proposed along the west boundary of the recreational area to prevent children/balls from entering the floodplain compensation area. Yards and Setbacks: The following chart indicates minimum proposed setbacks for the project: Use/Type Front Side Rear Single family detached 23 */ Waterfront 30 *A 25 foot separation is required between the garage and edge of sidewalks. Corner lots shall provide a 20 foot setback from the structure (non garage) to the property line adjacent to the other street. Trash and Utility Plant Screens: Single family units will be served by individual can pick up to be reviewed with the future Final Site Plan. Signs: All signs will be reviewed with the Final Site Plan and Building Permits. Landscaping: The Preliminary Site Plan indicates a 20 foot wide roadway buffer along Prospect Road. There are 15 foot wide perimeter buffers shown adjacent to the agricultural property to the

12 Page 12 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek south. The applicant requests Specific Approval for the reduced agricultural buffer width along the south boundary. Open Space: 25% or 3.93± acres of open space is required. 78% (12.26± acres) is provided. COMPLIANCE WITH COMPREHENSIVE PLAN The site is in the RES 6 Future Land Use Category. A list of Comprehensive Plan Policies applicable to this request is attached. This project was specifically reviewed for compliance with the following policies: Policy Appropriate Timing. The timing is appropriate given development trends in the area. The surrounding area is characterized mostly by residential developments. Policy Intent. The site is intended for a low density urban or a clustered lowmoderate density urban, residential environment. Policy Range of Potential Uses. Suburban or urban residential uses are in the range of potential uses. Policy Compatibility. The Preliminary Site Plan design is compatible with surrounding development because the uses proposed, lot sizes, and setbacks are comparable with surrounding development. Policy Preserve/Protect Open Space. The site plan shows 78% open space (12.26± acres). 25% or 3.93± acres of open space is required. Major Transportation Facilities TRANSPORTATION The site will have access onto Prospect Road, a two lane collector. Transportation Concurrency Transportation Concurrency was evaluated as part of the review of this project. The applicant prepared a Traffic Impact Statement (TIS) to determine impacts to the segment of Prospect Road near the project site. The results of the TIS, which were reviewed and approved by the Transportation Planning Division, indicated that the impacted roadway segment is expected to operate above the level of service (LOS) D performance standard with project related traffic and with no off site concurrency

13 Page 13 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek related improvements being required for the project (see Certificate of Level of Service Compliance table below). Access In conjunction with transportation concurrency, a review of access issues was undertaken by County staff. The project will have one access onto Prospect Road which will provide for full turning movements. CERTIFICATE OF LEVEL OF SERVICE (CLOS) COMPLIANCE CLOS APPLIED FOR: YES TRAFFIC STUDY REQ D: YES TRANSPORTATION CONCURRENCY NEAREST THOROUGHFARE Prospect Road LINK 63 rd Avenue E. to Whitfield Avenue E. (Link #2890) ADOPTED LOS D FUTURE LOS (W/PROJECT) C In summary, the results of the traffic study review identified no off site or site related improvements being required for this project. OTHER CONCURRENCY COMPONENTS Solid waste landfill capacity, parks needs, and preliminary drainage intent have been reviewed with this Preliminary Site Plan. School capacity, potable water and wastewater will be reviewed at Final Site Plan/Construction Drawings. SPECIFIC APPROVALS ANALYSES, RECOMMENDATIONS, FINDINGS 1. Request: LDC Section requires replacement tree calipers to be three, five, or seven inches depending on the size of the tree removed. The request is to allow replacement tree calipers to be three or four inches.

14 Page 14 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek Staff Analysis and Recommendation: Staff is in support of the request for Specific Approval for an alternative to Section of the LDC to allow replacement tree sizes at 3 /4 /4 instead of 3 /5 /7. Staff believes that smaller size trees typically establish and grow faster. Therefore, they provide more tree canopy sooner. The LDC is slated to reflect the smaller replacement tree sizes with the upcoming amendment to Section 714 (Tree Protection). Finding for Specific Approval: Notwithstanding the failure of this plan to comply with the requirements of LDC Section , the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because the required number of trees and canopy will be provided. 2. Request: LDC requires yards adjacent to active agricultural operations to be at least thirty five feet greater than otherwise required unless separated by a street or other designated open space at least thirty five feet in width. The applicant requests a separation to include a 15 foot wide perimeter buffer and rear yard setbacks of 15 feet for lots adjacent to active agriculture. Staff analysis and recommendation: Given the constraints of the site in some areas and the fact that language will be included in the Notice to Buyers to inform prospective residents of the adjacent agricultural uses, staff has no objection to the proposal which provides a thirty foot wide separation to include a 15 foot wide buffer and 15 foot rear yard setback for lots adjacent to active agriculture. Finding for Specific Approval: Notwithstanding the failure of this plan to comply with the requirements of LDC Section , the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because language indicating the presence of active agricultural operations will be included in the Notice to Buyers. 3. Request LDC Section requires one (1) canopy tree every fifty (50) linear feet along rights of way in residential developments, to allow for one canopy tree per lot per frontage.

15 Page 15 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek Staff Analysis and Recommendation: Staff is in support of the request for Specific Approval for an alternative to LDC Section to allow only one tree per lot per frontage instead of one per 50 linear feet, as more than one tree on narrow lots creates conflicts between the trees and infrastructure. This alternative avoids these conflicts from occurring. Finding for Specific Approval: Notwithstanding the failure of this plan to comply with the requirements of LDC Section , the Board finds that the purpose of the LDC regulation is satisfied to an equivalent degree by the proposed design because the required number of trees and canopy will be provided. ATTACHMENTS 1. Applicable Comprehensive Plan Policies 2. Request for Specific Approval 3. Copy of Newspaper Advertising 4. Ordinance PDR 13 25(P)

16 Page 16 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek APPLICABLE COMP PLAN POLICIES Policy: Policy: Permit the consideration of new residential and nonresidential development with characteristics compatible with existing development, in areas which are internal to, or are contiguous expansions of existing development if compatible with future areas of development. Review all proposed development for compatibility and appropriate timing. This analysis shall include: consideration of existing development patterns, types of land uses, transition between land uses, density and intensity of land uses, natural features, approved development in the area, availability of adequate roadways, adequate centralized water and sewer facilities, other necessary infrastructure and services. limiting urban sprawl applicable specific area plans (See also policies under Objs ) Policy: RES 6: Establish the Residential 6 Dwelling Units/Gross Acre future land use category as follows: Policy: Intent: To identify, textually in the Comprehensive Plan's goals, objectives, and policies, or graphically on the Future Land Use Map, areas which are established for a low density urban, or a clustered low moderate density urban, residential environment. Also, to provide for a complement of residential support uses normally utilized during the daily activities of residents of these low or low moderate density

17 Page 17 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek urban areas. Policy: Range of Potential Uses (see Policies , ): Suburban or urban residential uses, neighborhood retail uses, short term agricultural uses other than special agricultural uses, agriculturally compatible residential uses, public or semi public uses, schools, low intensity recreational uses, and appropriate water dependent/water related/waterenhanced uses (see also Objectives and ). Policy: Range of Potential Density/Intensity: Maximum Gross Residential Density: 6 dwelling units per acre Minimum Gross Residential Density: 5.0 only in CRA s and UIRA for residential projects that designate a minimum of 25% of the dwelling units as affordable housing. Maximum Net Residential Density: 12 dwelling units per acre 16 dwelling units per acre within the CRA s and UIRA for residential projects that designate a minimum of 25% of the dwelling units as Affordable Housing. (except within the WO or CHHA Overlay Districts pursuant to Policies and ) Maximum Floor Area Ratio: 0.23 (0.35 for mini warehouse uses only) 1.00 inside the CRA s and UIRA Maximum Square Footage for Neighborhood Retail Uses: Medium (150,000sf) Policy: Other Information: a) All mixed and multiple use projects require special approval, as defined herein, and as further defined in any land development regulations developed pursuant to , F.S. b) All projects for which gross residential density exceeds 4.5 dwelling units per acre, or in which any net residential density exceeds 6 dwelling units per acre shall require special approval.

18 Page 18 of 18 Case PDR 13 25(P), DTS# Fiddler s Creek c) Any nonresidential project exceeding 30,000 square feet of gross building area shall require special approval. d) Professional office uses not exceeding 3,000 square feet in gross floor area within this category may be exempted from compliance with any locational criteria specified under Policies and , and detailed in the Land Use Operative Provisions Section E (1) provided such office is located on a roadway classified as a minor or principal arterial, however, not including interstates and shall still be consistent with other commercial development standards and with other goals, objectives, and policies in this Comprehensive Plan (see also ). Policy: Require the use of planned unit development, in conjunction with the mitigation techniques described in policy , for projects where project size requires the submittal of a site development plan in conformance with the special approval process in order to achieve compatibility between these large projects and adjacent existing and future land uses. Policy: Require the use of planned unit development, in conjunction with the mitigation techniques described in policy , for projects where project size requires the submittal of a site development plan in conformance with the special approval process in order to achieve compatibility between these large projects and adjacent existing and future land uses.