REVISED GENERAL DEVELOPMENT PLAN PDR-99-02(G)(R-2) - GAMBLE CREEK, L.C./TWIN RIVER



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REVISED GENERAL DEVELOPMENT PLAN PDR-99-02(G)(R-2) - GAMBLE CREEK, L.C./TWIN RIVER THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA, having specifically considered the recommendation of the Planning Commission, the criteria set forth in Manatee County Ordinance No. 90-01 (the Manatee County Land Development Code); and finding PDR-99-02(G)(R-2) consistent with Manatee County Ordinance No. 89-01 (the Manatee County Comprehensive Plan), REVISED GENERAL DEVELOPMENT PLAN PDR-99-02(G)(R-2) - GAMBLE CREEK, L.C./TWIN RIVER is hereby approved to allow: a) A reconfiguration of lots, stormwater facilities, and interconnecting neighborhood streets along the common boundary with the adjoining, and recently approved Twin Rivers II project (PDR-01-19(Z)(G); b) Deletion of the 15' perimeter buffer along the common property line with the Twin River II project; and c) Elimination of one access point to Golf Course Road, and GRANTING Special Approval for (1) a project at least partially within the 25 year floodplain, Coastal High Hazard Area (CH), Coastal Evacuation Area (CEA), and Coastal Storm Vulnerability Area (CSVA); and (2) adjacent to a perennial stream subject to the following stipulations and specific approvals: STIPULATIONS: DESIGN AND LAND USE CONDITIONS: A.1 The roadway buffer along Golf Course Road shall be a minimum of 35'wide. The existing native vegetation within this buffer shall be preserved to the extent possible and enhanced, as needed, with native vegetation in areas where little or no vegetation exists. The goal of the supplemental plantings shall be to achieve a buffer similar to the existing buffer in the natural areas. There shall be no change in grade, use of drainage swales, or decorative fences permitted within this natural area. Lots may be platted through such buffer. Based upon the efforts to preserve the native vegetation, irrigation shall not be required in such buffer where existing native vegetation fulfills the buffer requirements. A.2 Church, Day Care, and Sales Office shall have the following setbacks: Front: 50' Side: 20' Rear: 25' A.3 All perimeter lots, except those abutting the Twin Rivers II (PDR-01-19 (Z)(G), shall have a 75' building setback from the project property line. A.4 All development on this site shall maintain a 30' waterfront setback. A.5 The Homeowner's documents, Notice-To-Buyers, and Final Site Plan(s) shall include language to inform homeowners of the presence of neighboring agricultural uses, including the possible truck traffic through the neighborhood as well as the use of pesticides and herbicides and of odors and noises associated with agricultural uses. A.6 The Homeowner's documents, Notice-To-Buyers, and Final Site Plan shall include language to inform homeowners of proposed interneighborhood ties, which are designed to serve as a roadway connection for any future development. A. 7 Prior to Final Site Plan approval, the engineer of record or architect must provide documentation to prove that concurrency has been met relative to fire flow. A. 8 Agricultural activity may continue on the site in accordance with Section 704.2 of the Land 3caoO^.O^^Doco4 ^

Page 2 PDR-99-02(G)(R-2) - Gamble Creek, LC./Twin River Development Code. Construction and farm truck traffic will be routed in such a way as to minimize intrusion for new neighborhoods within the project. The Final Site Plan shall indicate where truck traffic routes will be located to comply with this requirement. A.9 Pedestrian linkages to common open space, passive or active recreational areas, and water features shall be provided and approved by the Planning Department based on recommendations ofemd, prior to each Preliminary Site Plan approval. A conceptual plan for such linkages shall be provided with the first Preliminary Site Plan submitted for this project. Each Preliminary Site Plan shall identify the specific recreational or scenic corridors and pedestrian easements for that specific portion of the overall project, in general conformance with the overall conceptual plan. A. 10 Recreational or scenic corridors and wetland buffers shall be identified by signage and maintained by the Homeowner's Association. A. 11 Upon completion of the last subdivision plat, all property within the ±1,224 acres shall have been platted. A. 12 The Preliminary Site Plan for Phase I shall show a three acre park in an open space area location approved by the Planning Department. This recreational facility shall provide parking facilities as required by the LDC, a commercial grade tot lot, a grass play area, and a basketball court. A. 13 Lots fronting the future east/west connector road shall have shared driveway with an adjoining lot, unless there is an odd number of lots. A. 14 The accessory sales office for the project may be converted into a clubhouse for this community, a single- family residence (located on a platted lot), or used for additional church or day care facilities. This structure may not be converted into general or professional office uses. A. 15 The Final Plat shall include a 5' wide non-vehicular ingress/egress easement along Golf Course Road. A.16 Should this project not be developed in conjunction with, and under a common development plan with the Twin Rivers II PDR-01-19(Z)(G), the following revisions shall be made at Preliminary/Final Site Plan(s): a.) Project roadways shall be redesigned, as necessary, to provide two means of access for all Phases or subphases containing more than 100 lots. b.) Cul-de-sacs shown extending into the Twin Rivers II Development project shall be redesigned to terminate within Twin Rivers project. c.) No lots shall straddle the commonvproperty line of the two projects. d.) The 75' setback identified in stipulation A.3 is required abutting the Twin Rivers II development property line. Any such reconfiguration shall be consistent with the original approval of Twin River and shall not constitute a change which requires approval of an amended plan. A. 17 Pedestrian and equestrian trail facilities shall be provided along Golf Course Road for the length of the project. The type of construction and construction details shall be determined at Final Site Plan. A five foot wide sidewalk shall be installed along Golf Course Road and both sides of Mulholland Road.

Page 3 PDR-99-02(G)(R-2) - Gamble Creek, LC./Twin River PUBLIC SAFETY AND TRANSPORTATION CONDITIONS: B. 1 Prior to Final Site Plan Approval, the applicant shall gain approval of a Hurricane Evacuation Plan and Disaster Plan from the Director of Public Safety. The plan shall ensure delivery of the Manatee County "All-Hazard Guide" and Red Cross brochure "Your Family Disaster Plan" to each homeowner, and assure of receipt or posting of an evacuation zone map. The Homeowner's Association shall ensure that all subsequent purchasers receive copies of these documents. B.2 The Homeowners Documents and Final Site Plan shall include a notice to inform homeowners that they are purchasing a home in the Flood Prone Area, Coastal High Hazard, and Coastal Evacuation Areas - the evacuation zone for a Category 1 hurricane. B.3 All local roads shall be constructed so as to be above the 25 year flood elevation. The design elevation must be coordinated with the Public Works and Transportation Departments. B.4 The developer shall contribute to the construction of the bridge over Gamble Creek or raising the approaches pursuant to the Local Development Agreement. B.5 If Phase 1 exceeds over 100 lots, Road "A" in Phase 2, shall be constructed with Phase 1 to provide a second means of access prior to First Final Plat approval. B.6 Phase 6 contains over 100 lots. A second means of access shall be demonstrated with the Preliminary Site Plan for each pod over 100 lots. If a boulevard is to be utilized over the bridge crossing to provide a second means of access, then the pavement widths shall be a minimum of 24' wide for each street, separated by a roadways. 6' wide median and a 5' sidewalk on each side of both B.7 A 84' wide public right-way (an extension of Mulholland Road) to provide an east/west connection between Fort Hamer and Rye Road shall be shown on Preliminary Site Plan in a location approved by the Transportation and Planning Departments. This road shall be 24' in width, designed as a two-lane divided collector (not functionally classified), and constructed in Phase 3. This road shall be constructed above the 100 year floodplain. This 84' public right-of-way for this east/west connector road shall be dedicated with each Final Plat approval as development occurs in that area, unless Manatee County requests dedication at an earlier date. B.8 All cul-de-sacs shall not exceed 800 feet in length except for roads M, Q, and T shown on the plan. Roads M and T shall include a divided section with a 10 foot wide stabilized median and with turnarounds at approximately 800 foot intervals. Road B, from the project entrance to Road T, and Roads M and T, shall be constructed so as to be above the 100 year flood elevation. B.9 The applicant and their heirs, assigns, or transferees, are hereby notified that a payment of an impact fee for emergency shelter facilities shall be required if such impact fee is adopted by the Board of County Commissioners.

Page 4 PDR-99-02(G)(R-2) - Gamble Creek, L.C./Twin River INFRASTRUCTURE CONDITIONS: C.1 All wastewater lift stations, service cleanouts, and manhole rims shall beset 12 inches above the 25-year floodplain or 4 inches above the 100 year flood elevation, whichever is higher. However, MCPWD may approve service cleanouts and manhole rims installed no lower than 4" above the 25 year flood elevation. Approval by MCPWD for this lower elevation will be based on a rigorous review of fully detailed design drawings demonstrating tamper proof water tight manholes and cleanouts. Lift stations hatches shall always be at least 4" above the 100 year elevation or 12" above the 25 year flood elevation, whichever is higher. C.2 All water and sanitary sewer mains, and facilities to be dedicated to Manatee County for maintenance must lie within dedicated utility easements or rights-of-way as described in County Resolution R-99-115. C.3 Developer shall provide potable water and wastewater collection stub outs within the right-of-way at all neighborhood ties of land to provide service for future development to all adjacent vacant parcels of land to provide service for future development. Manatee County may determine that it would be beneficial to participate in said stub outs and certain portions of the potable water and wastewater systems with the Twin River Development as may be necessary to adequately serve future development adjacent to the Twin River property. In the event the developer of the Twin River Development purchases or develops any portion of the undeveloped land adjacent to said development in the future, the Developer shall reimburse Manatee County for any portion of the County participation funds spent to serve said undeveloped land or any portion of land thereof. ENVIRONMENTAL CONDITIONS: D.1 Each Preliminary Site Plan approval, a Wildlife Management Plan for the proper relocation and preservation of existing Gopher tortoise colonies shall be approved by the Florida Fish and Wildlife Conservation Commission (FFWCC). Additional upland preservation or increased wetland buffers may be imposed as a result of this requirement. D.2 A Wetland Impact Review shall be submitted to the EMD concurrently with each Preliminary Site Plan. Minimization and avoidance.of wetland impacts shall be demonstrated, and mitigation for wetland impacts be provided in accordance with Section 719 of the LDC. D.3 Wetland buffers shall be provided for all post-development jurisdictional wetlands in accordance with Section 719.11.1 of the LDC. D.4 No common docks or a boat ramp are permitted unless otherwise approved by the Board at a future public hearing. Docks associated with no more than 8 lots for single-family homes with frontage on the Manatee River (i.e., lots platted to the Mean High Water Line) shall be approved administratively per Section 734 of the LDC. One dock or pier for use as a fishing or observation platform is allowable, in a location to be determined by the Planning Department and EMD with the Preliminary Site Plan. No docks are allowed on Gamble Creek. D.5 All nuisance exotic vegetative species (e.g., Australian Pines and Brazilian Pepper) shall be removed from the upland portion of the entire 1,224 acre site. Removal of these species may be done in phases in accordance with an Exotic Species Removal Plan approved by EMD prior to Final Site Plan approval. Replacement planting of native species is required and shall be a required element of the Exotic Species Removal Plan.

Page 5 PDR-99-02(G)(R-2) - Gamble Creek, L.C./Twin River D.6 An Integrated Pest Management Plan (IPM) for fertilizers, herbicides, and pesticides for all common areas within the development shall be prepared by the applicant and submitted to the EMD for review and approval, prior to Final Site Plan approval, if required by EMD. A maintenance manual shall be developed as a part of the IPM to be used by maintenance staff, and shall be kept available on-site as reference for the maintenance crew. Unless otherwise approved by EMD, native plant species indigenous to Manatee County orxeriscape plant species shall be utilized for required landscaping within common areas. In addition, the developer shall encourage homeowners to participate in the Florida Yards and Neighborhood Program by providing homeowners with program information. 0.7 Prior to each Preliminary Site Plan approval, a Phase 1 Environmental Assessment of the site shall be conducted by an environmental consultant (acceptable to EMD) to determine potential hazardous material locations (e.g., historical cattle dipping vats, underground and above ground storage tanks, or buried drums). Should evidence be discovered, further investigation will be required to determine the level of contamination and appropriate remediation and mitigative measures. D.8 A Well Management Plan for the proper rehabilitation and abandonment of all existing wells within the project shall be submitted to the EMD for review and approval prior to the first Final Site Plan approval. D.9 The Developer shall use the lowest quality of water available for irrigation purposes. Consideration shall be given to meeting the irrigation needs of the Project with the following sources, in order of preference: (1) reclaimed water; (2) treated stormwater; and (3) non-potable quality groundwater. Prior to each Final Site Plan approval, the Developer shall identify the irrigation source which will be utilized. In-ground irrigation using Manatee County public potable water supply shall be prohibited, including on individual lots. FLOODPLAIN MANAGEMENT AND DRAINAGE CONDITIONS: E.1 This project shall be required to reduce the calculated predevelopment flow rate by fifty percent (50%) for all stormwater outfall flow directly or indirectly into Gamble Creek. E.2 A 25' wide maintenance and access easement shall be dedicated to Manatee County and be shown on the Preliminary and Final Plats along both sides of Gamble Creek within the project boundaries. Additionally, the developer shall include in the Notice to Buyers that Manatee County has no obligation relative to Gamble Creek to maintain, change, improve, clean, repair erosion, or restore natural changes in the course of the stream bed. E.3 The Environmental Resource Permit application to Southwest Florida Water Management District for this project shall include a proposal to allow the applicant, in conj unction with Manatee County, to clean and maintain from top-of-bank, the main channel of Gamble Creekwithin the Developer's property, prior to Final Plat approval of Phase 1, pursuant to the terms of the Local Development Agreement. E.4 The applicant shall remove debris and other obstructions within existing drainage ways (not Gamble Creek) consistent with required permits (including the existing ditch along the east boundary line) shown on the General Development Plan within the project boundaries. Compliance with this stipulation shall be demonstrated prior to each Final Plat Approval. E.5 The project shall not increase the FEMA 100 year floodplain, or base flood elevations; and shall meet all FEMA requirements and guidelines, where applicable. Additionally, there shall be a "No Rise Certification" on the regulatory floodway.

Page 6 PDR-99-02(G)(R-2) - Gamble Creek, LC./Twin River E.6 Prior to each Preliminary Site Plan approval, a signed and sealed boundary survey shall be submitted accurately delineating the X zone (FIRM - Flood Insurance Rate Map, Panel Number: 120153 0220 C, Map Revised July 15, 1992), floodway, and 100 yearfloodplain. E.7 Compensation for the loss of 100-year flood storage capacity shall be provided through cut and fill balance calculation. E.8 All homeowner documents, real estate disclosure forms, deeds of sale or lease agreements for land or structures in the post development 100-year floodplain on the project site of Twin River Development, shall be accompanied by a hazard disclosure statement generally describing the property's relative probability of damage from flood waters. This disclosure shall also list potential mitigation strategies including elevation, where the builder has exceeded floodplain construction standards and other potential measures to increase safety. E.9 All roadways and improvements that are constructed in the floodway shall achieve "No Rise" certification. PRESERVATION AND CONSERVATION: F.1 To the maximum extent possible, existing native vegetation shall be preserved to meet screening requirements. F.2 A minimum 50 foot wide tree preservation/greenbelt/conservation easement (in a form acceptable to the County Attorney's Office), inclusive of the existing native vegetative areas, wetland conservation, and drainage easements, shall be designated adjacent to the perimeter of Phases 3, 4, and 6 where these Phases are adjacent to Gamble Creek or the Manatee River. This easement shall be designated on each Preliminary Site Plan, to be dedicated with each Final Plat for the area under consideration. No native vegetation shall be removed within the wetland or wetland buffers portions of this easement, except as allowed under Section 719 of the LDC, nor within the upland portions of this easement, except as allowed under Section 714.2.2.4,714.2.26, 714.2.2.7, 714.2.2.8, and 714.2.2.9 of the LDC. This easement shall allow passive activities, the existing home on the Manatee River for a clubhouse, and activities required in the Local Development Agreement. F.3 Any tree removal shall be in accordance with Section 714 of the Land Development Code. F.4 Land clearing shall not commence until a Final Site Plan and Construction Plans have been approved. Land clearing, tree removal, or grading shall be limited to the specific Phase receiving approval. F.5 Any significant historical or archaeological resources discovered during development activities shall be immediately reported to the Florida Division of Historical Resources and treatment of such resources shall be determined in cooperation with the Division of Historical Resources and Manatee County. Treatment of the resources must be completed before resource-disturbing activities are allowed to continue. If human remains are encountered, the provisions contained in Chapter 872, Florida Statutes (Offenses Concerning Dead Bodies and Graves) shall be followed. F.6 On-site monitoring by a professional archaeologist shall take place during all infrastructure excavation through wetland areas.

Page 7 PDR-99-02(G)(R-2) - Gamble Creek, L.C./Twin River SPECIFIC APPROVALS: 1. Specific Approval for an alternative to Section 907.4.2 of the Manatee County Land Development Code to allow cul-de-sacs M, Q, and T, as labeled on the General Development Plan, to exceed 800 feet in length. 2. Specific Approval for an alternative to Section 603.7.4.5 of the Manatee County Land Development Code to allow the deletion of the 15' perimeter buffer along the common property line with the Twin River II (PDR-01-19(Z)(G) project. APPROVED AND HEREBY GRANTED, by the Board of County Commissioners of Manatee County, Florida this 23rd day of April, 2002. BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA BY: 0&<<.) Chairman ATTEST: R.B. SHORE Clerk of the Circuit Court,»>iiiiHf,, ^.^/h, ^.. % g : <$^ -4; =% <^> ill I '.I < :"; \^^.^y