MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING COUNTY ADMINISTRATIVE CENTER 1112 MANATEE AVENUE WEST BRADENTON, Florida April 7, 2016 Present were: Vanessa Baugh, Chairman John R. Chappie, First Vice-Chairman (entered during meeting) Robin DiSabatino, Second Vice-Chairman Charles B. Smith, Third Vice Chairman Betsy Benac Lawrence E. Bustle, Jr. Carol Whitmore Also present were: Nicole Knapp, Planning Section Manager Sarah Schenk, Assistant County Attorney Quantana Acevedo, Deputy Clerk, Clerk of the Circuit Court Chairman Baugh called the meeting to order at 9:00 a.m., and read the Pledge of Public Conduct. INVOCATION AND PLEDGE OF ALLEGIANCE 1. The Invocation was delivered by Reverend Sam Rainer, West Bradenton Baptist Church, followed by the Pledge of Allegiance. AGENDA ANNOUNCEMENTS Agenda Update Memorandum: None BC20160407DOC001 (Depart Commissioner Whitmore) PROCLAMATIONS A motion was made by Commissioner DiSabatino, seconded by Commissioner Benac, and carried 5-0, with Commissioners Chappie and Whitmore absent, to approve the following Proclamation: 2. Crime Victims Rights Week April 10-16, 2016, accepted by Susie Brown, Manatee Sheriff s Office Victim Advocate Unit, and members of the Manatee County Victims Rights Council (Enter Commissioner Whitmore) BC20160407DOC002 COMMISSIONER REQUESTS (Items to be pulled from the Consent Agenda) None CITIZEN COMMENTS (Consent Agenda Items) There being no citizen comments, Chairman Baugh closed Citizen Comments. (Enter Commissioner Chappie) CONSENT AGENDA 3. BUILDING AND DEVELOPMENT SERVICES/STREET WAIVER REQUEST Approved the street numbering waiver request by ZNS Engineering, to allow named streets to be utilized in Khilnani Subdivision BC20160407DOC003 BC MB 2016/120
Motion Consent Agenda A motion was made by Commissioner DiSabatino, seconded by Commissioner Whitmore, and carried 7-0, to approve the Consent Agenda as recommended. ADVERTISED PUBLIC HEARINGS 4. ORDINANCE/ZONING A duly advertised public hearing was opened to consider adoption of proposed Zoning Ordinance PDI-15-01(P), Amsdell Storage Ventures XXII LLC/Compass Self Storage (fka Climatized Storage). Staff recommended approval with stipulations and no recommendation from the Planning Commission. Item continued from March 3, 2016, and to be continued to May 5, 2016. A motion was made by Commissioner Whitmore, seconded by Commissioner Smith, and carried 7-0, to continue the public hearing for PDI-15-01(P) to May 5, 2016, at 9:00 a.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Building, first floor chambers. BC20160407DOC004 5. ORDINANCE/ZONING A duly advertised public hearing was held to consider adoption of proposed Zoning Ordinance PDR-15-13(Z)(P), Manasara Corp./Tennessee Street Property LLC/The Oasis at University. Planning Commission recommended approval with stipulations. Item to be continued to May 5, 2016 Commissioner DiSabatino noted the email she sent about this item was forwarded by staff to the applicant to be included for the record at upcoming hearing. A motion was made by Commissioner DiSabatino, seconded by Commissioner Whitmore, and carried 7-0, to continue the public hearing for PDR-15-13(Z)(P) to May 5, 2016 at 9:00 a.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Building, first floor chambers. BC20160407DOC005 6. ORDINANCE/ZONING A duly advertised public hearing was held to consider adoption of proposed Zoning Ordinance PDR-15-20(Z)(G), Vistas Equity Group LLC (Contract Purchaser)/Trademark Building Company, Inc. (Owner)/Khilnani Parrish Subdivision. Planning Commission recommended approval with stipulations. Commissioner DiSabatino questioned if the private roads will be built to County standard widths and the applicant will be responsible for the costs associated with the sanitary sewer hook ups. No ex parte communications were disclosed. William Robinson, attorney for the applicant, was available to answer questions. BC MB 2016/121
Based upon the staff report, evidence presented, 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, as conditioned herein, Commissioner Bustle moved to adopt Manatee County Zoning Ordinance PDR-15-20(Z)(G); Approve the General Development Plan with Stipulations A.1 A.2, B.1, C.1 C.3, D.1 D.4, and E.1; Grant Special Approval for a project exceeding a gross residential density of one dwelling unit per acre and a net residential density of three dwelling units per acre in the UF-3 Future Land Use Category; Adopt the Findings for Specific Approval; and Grant Specific Approval of an alternative to Land Development Code Section 403.12.D.3.k (15-foot building setback for lots adjacent to roadway and greenbelt buffers in the North Central Overlay); as recommended by the Planning Commission. The motion was seconded by Commissioner DiSabatino and carried 7-0. BC20160407DOC006 7. ORDINANCE/COMPREHENSIVE PLAN A duly advertised public hearing was held to consider adopting proposed Plan Amendment PA-15-03/Ordinance 16-20 fka 15-35, 301 Oxford LLP. Planning Commission recommended approval. Commissioner Benac expressed concern about the intent of the ROR language in the amendment to the Comprehensive Plan (page 4 of 19 of the staff report), because the proposed property is not developed or established. Margaret Tusing, Building and Development Services, confirmed the request is consistent with the Comprehensive Plan and the property itself is not developed, but the area around it is developed. Recognizing areas for future development is an important function of comprehensive planning. Sarah Schenk, Assistant County Attorney, reported there is property zoned ROR in the County that is not developed. Discussion ensued about when is it appropriate to designate a vacant site as ROR, this is a legislative item, and the area is transitioning. Motion Approval Based upon the evidence presented, comments made at the public hearing, the technical support documents, the action of the Planning Commission, and finding the request to be consistent with the Community Planning Act as codified in applicable portions of Chapter 163, Part II, Florida Statutes and the Manatee County Comprehensive Plan, Commissioner DiSabatino moved to adopt Plan Amendment PA-15-03/Ordinance 16-20, as recommended by the Planning Commission. The motion was seconded by Commissioner Chappie and carried 6-1, with Commissioner Benac voting nay due to the site not being highly accessible and concerns with the ROR designation. Motion Reconsideration A motion was made by Commissioner Smith to reconsider the motion to adopt Plan Amendment PA-15-03/Ordinance 16-20. The motion was seconded by Commissioner DiSabatino. Discussion continued about residents in North County asking for this type of use, would like BC MB 2016/122
more information, and the motion to reconsider is not debatable. The motion to reconsider carried 4-3, with Commissioners Baugh, Benac, and Chappie voting nay. Discussion continued about having a work session to discuss this type of land use category, where is the best place for commercial, there was an opportunity for a presentation, clarification on the rules for the motion to reconsider, do not understand the objection to ROR, can still vote on the original motion, and reopening public comment. Commissioner Benac reiterated why she is voting against the request. Upon question by Chairman Baugh, the previous motion of approval was read by Deputy Clerk Acevedo as follows: Based upon the evidence presented, comments made at the public hearing, the technical support documents, the action of the Planning Commission, and finding the request to be consistent with the Community Planning Act as codified in applicable portions of Chapter 163, Part II, Florida Statutes and the Manatee County Comprehensive Plan, Commissioner DiSabatino moved to adopt Plan Amendment PA- 15-03/Ordinance 16-20, as recommended by the Planning Commission. The motion was seconded by Commissioner Chappie and carried 6-1, with Commissioner Benac voting nay due to the site not being highly accessible and concerns with the ROR designation. The motion as read was moved by Commissioner DiSabatino, seconded by Commissioner Whitmore, and carried 6-1, with Commissioner Benac voting nay for reasons previously stated. BC20160407DOC007 8. ORDINANCE/COMPREHENSIVE PLAN A duly advertised public hearing was held to consider adopting proposed Plan Amendment PA-15-06/Ordinance 16-21 (amended Ordinance 15-42), Capital Improvements Element Annual Update 2016-2020. Staff recommended approval. Kathleen Thompson, Planning Manager, stated this item was heard by the Board on December 3, 2015, and staff discovered errors, which will be corrected with the proposed plan amendment. She requested approval of the request. Commissioner Benac confirmed this is a scrivener s error. Based upon the evidence presented, comments made at the public hearing, the technical support documents and finding the request to be consistent with the Community Planning Act, as codified in applicable portions of Chapter 163, Part II, Florida Statutes, and the Manatee County Comprehensive Plan, Commissioner DiSabatino moved to adopt Plan Amendment PA-15-06/Ordinance 16-21 (amended Ordinance 15-42), as recommended by staff. The motion was seconded by Commissioner Chappie and carried 7-0. BC20160407DOC008 BC MB 2016/123
9. COUNTY ATTORNEY/AGREEMENT Proposed Settlement Agreement with Cargor Partners VIII Long Bar Pointe LLLP, et. al. v. Manatee County, Case 2013-CA-4788 William Clague, Assistant County Attorney, made introductory comments and cautioned the Board to be mindful of their comments since this is an ongoing case. He reviewed the history of the case. If the proposed settlement agreement is approved by the Board, at a subsequent public hearing the preliminary site plan would be amended and the local development agreement would be terminated. Approving the proposed settlement agreement provides: (1) no monetary damages or attorneys fees to be paid by the County; (2) the development of Long Bar Pointe (including any transportation requirements) will have to comply with the County s current standards and practices; (3) the developer can apply for and receive impact fee credits for right of way and non site related stormwater easements dedicated to the County; and, (4) the developer will no longer be obligated to reimburse the County for the cost of constructing El Conquistador Parkway. He pointed out the developer will not receive any development rights or development advantages as a result of the litigation or settlement. The County Attorney s office is recommending the Board approve the proposed settlement agreement, and it is at the discretion of the Board to accept the agreement. Discussion proceeded about the 2004 approval, not affecting the developer s vested property rights, similarities to a previous court case, like the idea of having a clean slate, Commissioner Benac was involved with the site plan, but was not involved with the local development agreement, and the applicant could propose another local development agreement (an application is being considered). There being no public comment, Chairman Baugh closed public comment. Discussion continued regarding the benefits of El Conquistador Parkway being built. Christopher De Carlo, Assistant County Attorney, was available to answer questions. A motion was made by Commissioner Benac, seconded by Commissioner Whitmore, and carried 7-0, to approve the Settlement Agreement presented by the County Attorney s office and to authorize execution of same. BC20160407DOC009 CITIZEN COMMENTS (Future Agenda Items) There being no citizen comments, Chairman Baugh closed Citizen Comments. COMMISSIONER COMMENTS Commissioner Bustle None Commissioner Smith Questioned if the School District decides to reconsider the Educational Facilities Impact Fees, how will it affect the Board s action from January 3, 2016 William Clague, Assistant County Attorney, explained it would be up to Board to make a decision to reopen the process for the impact fees, which would be a legislative matter. If the Board decides to do so, the Florida Impact Fee Act would require the Board to repeat the previous hearing process to reinstate the impact fees. BC MB 2016/124
Discussion ensued about the Board not getting involved with School Board matters, if the impact fees are reconsidered by the School Board, the Board it is not legally mandated to hold another hearing under the Interlocal Agreement, the Board is jumping ahead of themselves, because no action has taken place, impact fees are very litigious, the ordinance would have to be amended, and the School Board presentation was informative at the Council of Governments meeting (4/5/16). Commissioner Benac Noted significant changes have not been made to the Future Land Use Element of the Comprehensive Plan and inquired how other counties handle growth and roads. There seems to be a disconnection with the public in understanding how growth and roads were set up in the Comprehensive Plan. Discussion took place about the Florida Department of Transportation looking at the County s roadway network, How We Will Grow, cities have their own Comprehensive Plan, times have changed, County and municipalities need to communicate in order to address issues together, laws change all the time, and The Accord. John Barnott, Building and Development Services, noted staff is unsure of the direction of The Accord after the brief discussion at the Council of Governments meeting and requested a motion if the Board would like to schedule a work session for further discussion. There was a consensus by the Board to have a work session, but Chairman Baugh requested waiting until she has had the opportunity to communicate with other parties first. Attended the Progress Millennial Conference at the Bradenton Area Convention Center on April 2, 2016. Millennials were advised to invest and renovate homes in areas such as Wares Creek and the Village of the Arts Announced the Manatee County Blood Center is seeking donations in anticipation of a Zika quarantine BC20160407DOC010 Commissioner Whitmore None Commissioner DiSabatino Remarked on the activity in North County near Port Manatee. Brief discussion ensued about great things happening at the Port especially the roadway project Commented on the growth in South County including housing developments from Carlos Beruff in the Tallevast area and businesses at the Lockwood Ridge and S.R. 70 intersection Noted she is planning to meet with Mary Lou Moore, Garden Lakes resident, regarding concerns with PDMU-15-08(P), American Momentum Bank/Westport (heard March 3rd) Mentioned she would like an opinion from staff on amending the Comprehensive Plan to mandate or suggest affordable and workforce housing Sarah Schenk, Assistant County Attorney, was available to answer questions. Discussion ensued about the addressing this topic at the upcoming Affordable Housing work session, incentives for affordable housing, educating the Board on affordable housing regulations and laws, and the County has a responsibility to build affordable housing. Mitchell O. Palmer, County Attorney, stated he will report back on federal statutes and BC MB 2016/125
regulations relative to affordable housing. He referenced U.S. Supreme Court case, Koontz v. St. Johns River Water Management District. (Depart Commissioner Whitmore) Discussion continued about looking at affordable housing in other areas, affordable housing mandates in New Jersey, finding developers who specialize in affordable housing to make presentations, and housing is needed for all age groups. Referenced a newspaper article about a Local Business Tax. Discussion proceeded about the local business tax being discussed and researched in the past and public safety benefits. BC20160407DOC011 Commissioner Chappie Attended the Peace River Regional Water Supply Authority meeting on April 6th, and noted the authority will be celebrating its 25-year anniversary on May 6th Noted a public meeting was held regarding the parking issues at King Middle School and the public hearing for the No Parking Ordinance will be held on April 12th BC20160407DOC012 Attended the second annual Joint Scenic Highway Committee meeting April 6th Commented on the interesting presentations at the Council of Governments meeting and suggested decreasing the size of the agenda. Discussion ensued about the ferry service presentation, water taxis, need to look at funding and the environment, and bus service to Veteran s Hospital Chairman Baugh Reported tornadoes touched down in Clearwater and New Port Richey Excited about what the vendor is doing at Jiggs Landing Commended Amy Anderson, School Board Facilities, Sites and Planning Manager, on presentations at the Council of Governments meeting on April 5th. She asked staff to schedule a work session on the Interlocal Agreement for Public Facility Planning Stated she will be signing letters on behalf of the Board with permission thanking State Representatives and Senators, FDOT, and other parties, whom they all met with in Tallahassee BC20160407DOC013 ADJOURN There being no further business, Chairman Baugh adjourned the meeting at 11:17 a.m. Minutes Approved: April 26, 2016 BC MB 2016/126