MANATEE COUNTY ZONING ORDINANCE PDW-01-01(Z)(P) - GAGNON/SUNNY SHORES MARINA AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE

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1 MANATEE COUNTY ZONING ORDINANCE PDW-01-01(Z)(P) - GAGNON/SUNNY SHORES MARINA AN ORDINANCE OF THE COUNTY OF MANATEE, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS OF MANATEE COUNTY, ORDINANCE NO (THE MANATEE COUNTY LAND DEVELOPMENT CODE) RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF MANATEE COUNTY; n PROVIDING FOR THE REZONING OF CERTAIN LAND FROM RDD-4.5/CH <^ ^RESIDENTIAL DUPLEX, 4.5 DWELLING UNITS PER ACRE/COASTAL HIGH c") MZARD OVERLAY) AND RSMH-4.5/CH (RESIDENTIAL SINGLE-FAMILY ^ "I^NUFACTURED HOME, 4.5 DWELLING UNITS PER ACRE/COASTAL HIGH CT' HAZARD OVERLAY) TO PDW/CH (PLANNED DEVELOPMENT "WATERFRONT/COASTAL HIGH HAZARD OVERLAY);PROVIDING AN o= 'EFFECTIVE DATE; AND APPROVAL OF A PRELIMINARY SITE PLAN TO a- "AlLOW THE EXISTING USES AND STRUCTURES AT SUNNY S^fflESK ^ARINA AND GRANTING SPECIAL APPROVAL FOR A PROJECT: 1) LOCATED^ "-WITHIN THE COASTAL EVACUATION AREA OVERLAY DISTRICT; 2) LOQATED^ T^ WITHIN THE COASTAL PLANNING AREA; 3) LOCATED WITHIN THE CC^'STAL^ HIGH HAZARD AREA; 4) LOCATED IN THE COASTAL STORM VULNER^TlZlTY^ F"" AREA; AND 5) INVOLVING THE SITING OF MARINA-TYPE USES. '" V 2-" FH BE IT ORDAINED BY THE BOARD OF COUNTY COMMI^^NE^S 5? MANATEE COUNTY, FLORIDA: o^ ^ Section 1. FINDINGS OF FACT. The Board of County Commissioners of said County, after considering the testimony, evidence, documentation, application for amendment of the Official Zoning Atlas, the recommendation and findings of the Planning Commission of said County, as well as all other matters presented to said Board at the public hearing hereinafter referenced, hereby makes the following findings of fact: A. The Board of County Commissioners has received and considered the report of the Manatee County Planning Commission concerning the application for Official Zoning Atlas Amendment as it relates to the real property described in Section 4 of this Ordinance from RDD-4.5/CH (Residential Duplex, 4.5 dwelling units per acre/coastal High Hazard Overlay) and RSMH-4.5/CH (Residential Single-Family Manufactured Home, 4.5 dwelling units peracre/coastal High Hazard Overlay) to PDW/CH (Planned Development Waterfront/Coastal High Hazard Overlay). B. The Board of County Commissioners held a public hearing on March 26, 2002 regarding said proposed Official Zoning Atlas Amendment described herein in accordance with the requirements of Manatee County Ordinance No , the Manatee County Land Development Code, and has further considered the information received at said public hearing. C. The proposed amendment to the Official Zoning Atlas regarding the property described in Section 4 herein is found to be consistent with the requirements of Manatee County Ordinance No , the Manatee County Comprehensive Plan. Section 2. The Preliminary Site Plan is hereby APPROVED to allow the existing uses and structures at Sunny Shores Marina, and GRANTING Special Approval for a project: 1) located within the Coastal Evacuation Area Overlay District; 2) located within the Coastal Planning

2 Page 2 - PDW-01-01(Z)(P) - Gagnon/Sunny Shores Marina Area; 3) located within the Coastal High Hazard Area; 4) located in the Coastal Storm Vulnerability Area; and 5) involving the siting of marina-type uses with the following stipulations and Specific Approvals: STIPULATIONS 1. A Final Site Plan shall be prepared in accordance with all stipulations attached to this approval. This Final Site Plan shall: eliminate all slips parallel to the seawall; eliminate the dock identified as existing black floating docks on the exhibit presented at the hearing; eliminate the proposed angle parking spaces and drive aisle; eliminate the non-mountable barrier adjacent to 36th Avenue West; eliminate the outdoor repair area and existing lift at the western end of the property; provide for plantings other than sea-grapes; eliminate the proposed handicapped parking space; and eliminate the boat hoist at the end of the center dock. The Final Site Plan shall be submitted within 90 days from approval (03/26/02). A one time extension for submittal of Final Site Plan of up to ninety (90) days may be granted by the Planning Director upon the applicant demonstrating, with written evidence, that substantial progress is being made toward preparation and submittal of the Final Site Plan application. The applicant shall make continuous progress towards resolution of the issues necessary for Final Site Plan approval. 2. Within ninety (90) days of this approval the following shall be removed from the site: the existing overhead lift at the end of the property; the black floating docks; the docking facilities parallel to the seawall; and the boat hoist at the end of the center dock. 3. The total number of slips shall be limited to 30. There shall be no slips along the seawall. To limit the number of slips, handrails and no mooring signs shall be constructed and posted where no slips are proposed or approved. The location of handrails and signs shall be approved by EMD and Planning Department with the Final Site Plan. Six slips shall be reserved for the residents of Sunny Shores Mobile Home Park and Sagamore Estates. 4. The applicant shall be required to obtain a building permit for the center dock in accordance with these stipulations. Application for building permit shall be made within sixty (60) days of Final Site Plan approval. 5. Access to the existing boat ramp shall be limited to those customers mooring boats at the marina and the residences of Sunny Shores Mobile Home Park and Sagamore Estates on weekends and legal holidays. Boat ramp shall be accessible to the general public Monday through Friday. During weekdays the dockmaster shall prohibit further launching at the boat ramp after the parking areas are at capacity. This shall not limit the rights accruing to the residents of Sagamore Estates and Sunny Shores Trailer Community pursuant to the final judgment in CA so long as they do not park at the marina facility. 6. No live-aboards shall be permitted at this marina. Any vessel in which person(s) stay three (3) consecutive nights shall be considered a live-aboard.

3 Page 3 - PDW-01-01(Z)(P) - Gagnon/Sunny Shores Marina 7. The manufactured home and garage shall be utilized as a single-family residence. No repair of boats, retail, or office uses shall be permitted in the structure, except home office uses on the top floor related to the maintenance of paperwork generated by the operation of the Marina. This shall be accomplished within ninety (90) days of this approval. All use of the structure shall be in compliance with applicable FEMA regulations. 8. Only maintenance and minor repair of vessels in water shall be allowed. 9. Fueling shall be performed only by the marina operator and only between the hours of 7:00 a.m. and 7:00 p.m. 10. The existing boat basin shall not be dredged or altered, including maintenance dredging, unless permitted by all regulatory agencies having jurisdiction (Federal, State, and County Agencies). 11. This project shall be required to install the following types of signs/markers: Manatee Protection, No Wake, Seagrass Protection, and Channel Markers. The number and location of such signs will be approved by EMD with the Final Site Plan. 12. The entire area west of the residence, except for three 10' by 35' boat trailer parking spaces, shall be designated as a wetland buffer and shown as such on the Final Site Plan. A Wetland Buffer Enhancement/Planting Plan shall be submitted to EMD for review and approval prior to Final Site Plan approval. This area shall not be used for dry storage of boats, boat repair, or parking of trailers with boats. 13. The applicant shall provide signage adjacent to wetland buffers indicating that the area is a "Conservation Area." The type and location of such signage will be approved by the EMD prior to Final Site Plan approval. 14. No additional pole lights shall be permitted on the upland portion of this site. The two existing pole lights shall conform to the requirements of Section of the Land Development Code. 15. Prior to Final Site Plan approval, the applicant must demonstrate compliance with the Land Development Code, Section , to meet minimum fire flow criteria. 16. A Hurricane Evacuation Plan shall be approved by the Public Safety Department prior to Final Site Plan approval. 17. At the time of Final Site Plan approval, the applicant shall dedicate the right-of-way for 36th Avenue West as shown on the Preliminary Site Plan (±10.3' -11.1'). 18. At time of Final Site Plan approval, the applicant shall provide adequate capacity to handle sewage, either by means of on-site pumped and treatment facilities or connection to a treatment plant pursuant to Section of the LDC.

4 Page 4 - PDW (Z)(P) - Gagnon/Sunny Shores Marina SPECIFIC APPROVALS: 1. Specific Approval for an alternative of Section (2) of the Manatee County Land Development Code to allow a reduction of the front yard setback to 20 feet. 2. Specific Approval for alternatives to Section 710 of the Manatee County Land Development Code to allow the off-street parking and loading conditions to remain in the condition existing at the time of this approval, and to require no additional improvements to the parking area. 3. Specific Approval for an alternative of Section of the Manatee County Land Development Code to delete the requirement that all vehicle use areas containing more than one thousand (1,00) square feet shall be landscaped in accord with Figure 715.A, which requires three hundred and sixty (36o) feet of planting area, including four (4) canopy tress and twenty (20) shrubs per twenty (20) parking spaces. No more than 10 consecutive parking spaces shall be allowed without an interior landscape island. 4. Specific Approval for an alternative of Section of the Manatee County Land Development Code to delete the requirement for a ten (10) foot wide roadway buffer consisting of 2 canopy tress and 33 shrubs per 100 feet. 5. Specific Approval for an alternative of Section of the Manatee County Land Development Code to allow Foundation Landscaping of less than twenty (20) square feet per one thousand (1,000) square feet of proposed gross floor area. Section 3. AMENDMENT OF THE OFFICIAL ZONING ATLAS. The Official Zoning Atlas of Manatee County, Ordinance No , the Manatee County Land Development Code, is hereby amended by changing the zoning district classification of the property identified in Section 4 herein from RDD-4.5/CH (Residential Duplex, 4.5 dwelling units per acre/coastal High Hazard Overlay) and RSMH-4.5/CH (Residential Single-Family Manufactured Home, 4.5 dwelling units per acre/coastal High Hazard Overlay) to PDW/CH (Planned Development Waterfront/Coastal High Hazard Overlay), and the Clerk of the Circuit Court, as Clerk to the Board of County Commissioners, as well as the Planning Department, are hereby instructed to cause such amendment to the said Official Zoning Atlas. Section 4. LEGAL DESCRIPTION. COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 78, SUNNY SHORES TRAILER COMMUNITY, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 100, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 24 46' 00" E, ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 78, A DISTANCE OF 30 FEET; THENCE N 65 14' 00" W, PARALLEL TO THE NORTHERLY LINE OF SAID SUNNY SHORES, FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE N 65 14' 00" W, FEET; THENCE N 24 46' 00" E, TO A POINT ON THE WESTERLY END OF A CONCRETE SEAWALL; THENCE SOUTHEASTERLY, ALONG THE MEAN HIGH WATER LINE OF PALMA SOLA BAY, 322 FEET, MORE OR LESS. TO ITS INTERSECTION WITH AN EXISTING

5 Page 5 - PDW-01-01(Z)(P) - Gagnon/Sunny Shores Marina CONCRETE SEAWALL; THENCE S 26 34' 30" W, ALONG A LINE BEING THE EXTENSION OF SAID EXISTING CONCRETE SEAWALL, A DISTANCE OF FEET TO THE POINT OF BEGINNING. THE ABOVE SUBJECT TO THE SOUTH 10 FEET FOR AN EXISTING SHELL TRAVELWAY. Section 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon filing with the Office of the Secretary of State, Florida Department of State. PASSED AND DULY ADOPTED, by the Board of County Commissioners of Manatee County, Florida on the 26th day of March, BOARD OF COUNTY COMMISSIONERS OF MANATEE COtiJNTY, FLORIDA ATTEST: R. B. SHORE Clet-k pf-thie Circuit Court filc^'h ^. ^ ^o^^?.-' ''f<:.:>^,^ STATE OF FLORIDA, COUNTY OF MANATEE ^o^^-1??-^'--. This is ta certify that the foregoing Is alrue and & Ai0-'" ''W-- Vz correct copy of the documenh on file In my oliw. s o.",ip ; A Ig: SEAL : 1 < m- ^ ^ ^ '^ '',. %/ '.'"??; '.^tel-o.t.- ^ K.--';>'.^ ^ st^ "'""ilium"""

6 -^',,, DIVISIONS OF FLORIDA DEPARTMENT OF STATE _ y^^^^< HISTORIC PRESERVATION BOARDS - Office of the Secretary A^aESaS-^r^. Historic Florida Keys Preservation Board D. ision of Administrative Services /^SWW^^ Historic Palm Beach County Preservation Board Di ision of Corporations fc^^g^^^bsi Historic Pensacola Preservation Board Di ision of Cultural Affairs latob^^^^s; Historic St. Augustine Preservation Board Di ision of Elections V^I^^^B^ Historil: Tallahassee Preservation Board Di ision of Historical Resources X^ii^SBlKy Historic Tampa/Hillsborough County Di ision of Library and Information Services ^SiS^^9^ Di ision of Licensing ^'"to ^""' Preservation Board RINGLING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS April 5, 2002 r-b "-' 5?^ I» C. -X3?"s "i Honorable R. B. Shore Clerk of the Circuit Court and Comptroller ^? "o g^ ^> C03D Manatee County Post Office Box 1000 Bradenton, Florida co ^ s ^ sg rno Attention: Diane E. Vollmer Dear Mr. Shore: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge receipt of your letters dated April 1, 2002 and certified copies of Manatee County Ordinance Nos. PDW-01-01(Z)(P) and 02-20, which were filed in this office on April 5, As requested, the original date stamped copies are being returned for your records. Sincerely Liz Cloud.Chief Bureau of Administrative Code LC/mp Enclosure BUREAU OF ADMINISTRATIVE CODE The Collins Building 107 West Gaines Street Tallahassee, Florida (850) FAX: (850) WWW Address: election@mail.dos.state.fl.us