MANATEE COUNTY PLANNING COMMISSION REGULAR MEETING COUNTY ADMINISTRATIVE CENTER 1112 Manatee Avenue West Bradenton, Florida March 9, 2017

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1 MANATEE COUNTY PLANNING COMMISSION REGULAR MEETING COUNTY ADMINISTRATIVE CENTER 1112 Manatee Avenue West Bradenton, Florida March 9, 2017 Present were Members: William Conerly, Chairman Tim Rhoades, First Vice Chairman Albert Horrigan, Jr., Second Vice Chairman (entered during meeting) Paul Rutledge, Third Vice Chairman Matthew Bower John DeLesline Mike Rahn Absent was: Michael Pendley (non-voting member representing the School Board) Also present were: Nicole Knapp, Planning Section Manager Sarah Schenk, Assistant County Attorney Quantana Acevedo, Deputy Clerk, Clerk of the Circuit Court Chairman Conerly called the meeting to order at 9:00 a.m. All witnesses and staff giving testimony were duly sworn. PLEDGE OF ALLEGIANCE Chairman Conerly led the Pledge of Allegiance. AGENDA ANNOUNCEMENTS Item 4, PDR-15-21(Z)(G), Novimo Constructors, Inc./Novimo Rezone Public comment PC DOC001 MINUTES A motion was made by Member Rhoades, seconded by Member Rahn, and carried 6-0, with Member Horrigan absent, to approve the minutes of January 12, 2017, and February 9, CITIZEN COMMENTS (Future Agenda Items) There being no citizen comments, Chairman Conerly closed citizen comments. (Enter Member Horrigan) ADVERTISED PUBLIC HEARINGS (Presentations Upon Request) 3. ORDINANCE/COMPREHENSIVE PLAN A duly advertised public hearing was held to consider recommending transmittal of proposed Comprehensive Plan Amendment PA-17-03/Ordinance 17-17, County Initiated Map Amendment, Robin s Apartments. Staff recommended transmittal. PC DOC002 There being no public comment, Chairman Conerly closed public comment. 4. ORDINANCE/ZONING A duly advertised public hearing was held to consider recommending adoption of proposed Zoning Ordinance PDR-15-21(Z)(G), Novimo Constructors, Inc./Novimo Rezone. PC MB 2017/15

2 Staff recommended approval with stipulations. PC DOC003 There being no public comment, Chairman Conerly closed public comment. Member DeLesline questioned if the proposed site is located in Terra Ceia or Palmetto. Staff will clarify this before the Board of County Commissioners hearing on April 6, Motion PA-17-03/Ordinance and PDR-15-21(Z)(G) A motion was made by Member DeLesline, seconded by Member Horrigan, and carried 7-0, to approve the recommended motions for PA-17-03/Ordinance 17-17, County Initiated Map Amendment, Robin s Apartments, and PDR-15-21(Z)(G), Novimo Constructors, Inc./Novimo Rezone. ADVERTISED PUBLIC HEARINGS (Presentations Scheduled) 5. ORDINANCE/ZONING A duly advertised public hearing was held to consider recommending adoption of proposed Zoning Ordinance PDC-15-28(Z)(P), Ardes, Whisenant Family, Whisenant Farms/RaceTrac, U.S. 301 and Ellenton Gillette. Staff recommended approval with stipulations. Member Rutledge disclosed a representative for RaceTrac asked him about the U.S. 301 area. Rossina Leider, Building and Development Services, introduced the applicant. Mark Barnebey, Attorney representing the applicant, displayed an aerial from the staff report and site plan to point out the proposed site and site details. The proposed request is consistent with the Comprehensive Plan and Land Development Code. He concurred with the stipulations except one regarding stormwater, which will be addressed before the Board of County Commissioners hearing on April 6, Discussion took place regarding the access and cross access easements, Ellenton Gillette Road is a county maintained road, existing county right of way, the property to the north is commercial, will there be a tie in from the RaceTrac to the adjacent bank to the west, drainage plans, and open space is proposed at 23 percent. Matthew Campo, Traffic Engineer representing the applicant, addressed concerns regarding the design of the access points and roadway improvements. He confirmed a traffic analysis was completed and submitted to staff. Member Horrigan inquired about the timing for improvements to Ellenton Gillette Road. Clarke Davis, Transportation Planning Division Manager, explicated Ellenton Gillette Road and U.S. 301 intersection improvements are fully funded in the Capital Improvements Program, and he was unsure of the timeline for the improvements. There being no public comment, Chairman Conerly closed the public comment. Upon question, Thomas Gerstenberger, Stormwater Engineering Division Manager, informed the Commission that the project itself would be required to meet present day water quality and attenuation requirements for the project through the County and the Southwest Florida Water Management District. The project itself would be connecting its proposed stormwater facilities into the drainage system associated with the shopping center. PC MB 2017/16

3 Sarah Schenk, Assistant County Attorney, stated during discussion earlier in the hearing it was eluded to that the County owns some property to the south on U.S This property is under contract to be sold to the applicant, and Mr. Barnebey is representing the applicant and the County, which is unusual. There is a clause in the contract for sale on the property which clearly states that nothing contained in the contract requires the seller, Planning Commission, or the Board of County Commissioners to approve the rezone and the Preliminary Site Plan application; and that review, approval, or denial of the rezone or Preliminary Site Plan application have been performed in accordance with Florida law, Manatee County Code of Ordinances and Manatee County Land Development Code. The seller is a corporation in which County Commissioner Patricia Whisenant Trace has a legal interest in and will be advised to abstain from voting on April 6, This project has been reviewed the same as any other project by staff, Planning Commission and the Board of County Commissioners. and finding the request to be consistent with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, Member Rhoades moved to recommend adoption of Manatee County Zoning Ordinance PDC-15-28(Z)(P); Approval of the Preliminary Site Plan with Stipulations A.1-A.6, B.1-B.2, C.1, and D.1-D.4; Adoption of the Findings for Specific Approval; and Granting Specific Approval of alternatives to the Land Development Code Sections C (Reduction of the required 25 feet setback from all property lines for Services Station and Gas Pumps), and C (location of the required foundation landscaping within the roadway buffer), as recommended by staff. The motion was seconded by Member DeLesline and carried 7-0. PC DOC ORDINANCE/COMPREHENSIVE PLAN A duly advertised public hearing was held to consider recommending adoption of proposed Ordinance 17-07, Sarasota Bradenton International Airport DRI 15. Staff recommended approval. and 7. ORDINANCE/ZONING A duly advertised public hearing was held to consider recommending adoption of proposed Zoning Ordinance PDMU-99-07(G)R6), Sarasota Bradenton International Airport (advertised as Sarasota Manatee Airport). Staff recommended approval with stipulations. No ex parte communications were disclosed. Barney Salmon, Building and Development Services, introduced the representatives for the applicant. Charles Dan Bailey, Sarasota Bradenton International Airport (SRQ) Counsel, highlighted the history behind the proposed request for Main Site LLC to place a monopole communication tower on Outparcel 3 (aerial map from the staff report was displayed). The tower is intended to enhance wireless service in the area. A Site Lease Agreement was entered into between Main Site LLC and the Sarasota Manatee Airport Authority for 30 years. Outparcel 3 was approved as part of the original DRI and the general development plan. The site will occupy about 3,400 square feet but the actual improvements will occupy 900 square feet. The proposed site location is adjacent to the new Air Traffic Control Tower, which is 145 feet in height (staff report states 139 feet) and its view will not be obstructed by the proposed tower. The proposed changes will require an amendment to Map H for Ordinance and the general development plan. The applicant is asking to shift the improvements for Outparcel 3, from Phase 1 to Phase 2, and extend the expiration date to December He pointed out the following from the staff report for PDMU-99-07(G)(R6): applicable PC MB 2017/17

4 Comprehensive Plan policies (pages 29-35), Section of the Land Development Code (pages 14-29), Siting Methodology Narrative from Paul Rozeman, compliance with the Matrix of Siting Locational Preferences in Table 5-1 (page 16), a letter from Robert Beacom stating the fall radius for the monopole design is less than 50 feet, and Irrevocable License to Enter Real Property (required by the Land Development Code). Access to the tower site will be from the existing Dolphin Aviation entrance on the west side of the Airport property, adjacent to U.S. 41. The tower will be unmanned, so parking and utilities will not be necessary, and final site plan approval will be required. The Federal Aviation Administration (FAA) did not object to the tower as outlined in a letter dated October 12, The tower will accommodate three collocations, and Verizon Wireless has already committed to be one of the users. Discussion proceeded about extending the expiration dates, final site plan and construction plan review, proposed location for the tower (see Siting Methodology Narrative), the proposed site will be leased from the Airport Authority to Main Site LLC, concern with what the proposed tower will look like on the U.S. 41 corridor, and the FAA tower will be adjacent to the proposed tower so the towers will be clustered together. Paul Rozeman, Agent for Main Site LLC (tenant), noted the tenant was required to submit a list of available towers in the area and other towers were two miles away from Outparcel 3. Frederick J. Piccolo, President and CEO of Sarasota Bradenton International Airport, relayed the reasoning for the proposed tower location. Discussion continued regarding a photograph of the proposed tower, least controversial tower in the County thus far, does the Airport DRI limit the uses of the land that are within the DRI (revised Map H-3 displayed), Verizon Wireless is the first tenant for the proposed tower, Main Site LLC will be required to remove the tower if the commitments with the users expire, the Sarasota Manatee Airport Authority owns the land on which the proposed tower will be located, the lease between the Airport Authority and Main Site LLC outlines the terms for the proposed lease area, and compliments to Main Site LLC for presenting a detailed project. Mr. Salmon utilized a slide presentation to highlight the proposed request, facts, height of proposed cell tower, directional views of the area, and changes to tables (six) within the DRI. He reported Stipulation A.1 should be deleted and recommended approval with stipulations. There was brief discussion about required landscaping surrounding the proposed tower. There being no public comment, Chairman Conerly closed the public comment. Motion Ordinance and finding the request to be consistent with the Manatee County Comprehensive Plan, the Manatee County Land Development Code, and DRI 15; in accordance with Section , Florida Statutes; subject to the conditions of approval established in the Development Order; Member Horrigan moved to recommend approval of Ordinance 17-07, as recommended by staff. The motion was seconded by Member DeLesline and carried 7-0. PC DOC005 Motion PDMU-99-07(G)(R6) and finding the request to be consistent with the Manatee County Comprehensive Plan and PC MB 2017/18

5 the Manatee County Land Development Code, as conditioned herein, Member Rahn moved to recommend Approval of Manatee County Zoning Ordinance PDMU-99-07(G)(R6); Approval of the general development plan with Stipulations A.1 (deleted), B.1-B.2, C.1, D.1-D.3, E.1-E.2 and F.1 F.2; as recommended by staff. The motion was seconded by Member Horrigan and carried 7-0. PC DOC006 ADJOURN There being no further business, Chairman Conerly adjourned the meeting at 10:11 a.m. Minutes Approved: PC MB 2017/19