b.o.c.c. 01/25/00 z-99-13 - debra and robert clark...page 4 - z-99-13 debra and robert clark staff...
TRANSCRIPT
B.O.C.C. 01/25/00
Z-99-13 - DEBRA AND ROBERT CLARK
Request: Approval of a Zoning Ordinance of the County of Manatee,
Florida, amending the Official Zoning Atlas of Manatee County
(Ordinance 90-01, the Manatee County Land Development Code),
relating to zoning within the unincorporated area of Manatee County;
providing for the rezoning of certain land from RSF-6 (Residential
Single-Family, 6 dwelling units per acre) to PR-S (Professional-
Small); and providing an effective date. Located at 104 53rd Avenue
East, approximately 3/4 of a mile east of U.S. 41, at the southeast
comer of the intersection of 53rd Avenue East and 1st Street (±0.44
acres).
App Received; 09/29/99 D.R.C.: 10/08/99
P.C.: 01/13/00 B.O.C.C.: 01/25/00
RECOMMENDED MOTION:
Based upon the staff report, evidence presented, comments made at the Public Hearing,
the action of the Planning Commission, and finding the reauest to be CONSISTENT with
the Manatee County Comprehensive Plan and the Manatee County Land Development
Code, I move to ADOPT Manatee County Zoning Ordinance No. Z-99-13.
(COMMISSIONER BRUCE)
PLANNING COMMISSION ACTION:
On January 13,2000, by a vote of 6 - 0, the Planning Commission recommended APPROVAL
of the rezone.
PUBLIC COMMENT/CORRESPONDENCE:
There was no public comment and no correspondence was entered into the record forthis
item at the January 13, 2000 Planning Commission public hearing.
59
Project Number Z-99-13
Proposed Use: N/A
Exiting FLUC: RES=6
Existing Zoning: RSF-6,
Proposed Zoning: PRS
Acreage:
Flood Zone:
Drainage Basin:
Commissioner
Map Prepared:
Requested By:
Section: 13%wnship: 35 Range: 17
Tax l.D.: 578570000
0.44
X
N/A
BRUCE
9/30/99
DEBRA & ROBERT CLARK
Manatee County
Staff Report Map
1 inch = 400'
Subject Property
CASE SUMMARY
CASE NO: Z-99-13
APPLICANT: Debra and Robert dark
REQUEST: A rezone from RSF-6 to PR-S
STAFF
RECOMMENDS: APPROVAL with Limited Issues
REQUEST. LOCATIONAL INFORMATION. AND LAND USE CHARACTERISTICS
• The request is to rezone ±0.44 acres from RSF-6 (Residential Single-Family,
6 dwelling units per acre) to PR-S (Professional-Small Office District). The site
is located at 104 53rd Avenue East (State Road 70), at the southeast
intersection of 53rd Avenue East and 1st Street.
• To the North, across 53rd Avenue East, is Casa Loma Manufactured Home Park
zoned RSMH-6 (Residential Single-Family Manufactured Home, 6 du/acre).
• To the South and East are single-family residences zoned RSF-6.
• To the West, across 1st Street, is Accu Lab Medical Center zoned PR-S.
SUMMARY: (LB)
The request to rezone this ±0.44 acre site from RSF-6 to PR-S appears to be
consistent with the Land Development Code, the Comprehensive Plan, and
development trends along this segment of 53rd Avenue East. The site is located
approximately 3/4 of a mile east of U.S. 41, at the southeast intersection of 53rd
Avenue East and 1st Street and meets commercial locational criteria as required by
the Comprehensive Plan. The Functional Classification Map classifies SR 70 as a
Principal Arterial and 1st Street (between 57th Ave E and 53rd Ave E) as a Collector.
The Future Land Use Category of the site is RES-6 (Residential, 6 d.u. per acre). Uses
potentially allowed within the RES-6 Future Land Use Category include residential
and small or medium retail and office uses.
The parcels fronting on this segment of 53rd Avenue are gradually transitioning from
residential to professional uses. The zoning of the parcels abutting 53rd Avenue,
between U.S. 41 and 9th Street East (not located at a major intersection) include PR-M
(Professional-Medium Office), PR-S (Professional-Small Office), and Residential.
61
Page 2 - Z-99-13 - Debra and Robert dark
POSITIVE ASPECTS OF THE APPLICATION
• The site is adjacent to PR-S zoning.
• The request to rezone this site is consistent with the Future Land Use
Category of the Comprehensive Plan.
• The timing of this request appears to be appropriate and consistent with
development trends along this segment of 53rd Avenue East.
NEGATIVE ASPECTS OF APPLICATION
• PR-S zoning may have a negative impact, due to noise and increased traffic,
on the existing residential uses located to the south and east of this site.
MITIGATING FACTORS
• Specific development on this site will be reviewed administratively. Staff will
review future site plans for consistency with the Land Development Code and
the Comprehensive Plan.
• Professional and residential land uses normally coexist with limited concerns.
The nature of professional offices is that they are frequented during work
hours or mainly during the daytime, when nearby residents are generally not
home.
• Section 715.3.2 of the Land Development Code requires a landscape buffer
between zoning district boundaries.
• This site may not be considered appropriate for residential development
because it is located directly adjacent to 53rd Avenue East (a Principal Arterial).
62
Page 3 - Z-99-13 - Debra and Robert dark
DETAILED CASE REVIEW
PRIMARY REVIEWERS
Lisa Barrett (PD) Compatibility, Consistency with Comp Plan, Site Design
Chris Mowbray (PD) Impacts to Infrastructure (Public Utilities & Facilities)
Husham Abdulsattar (PD) Impacts to Infrastructure (Transportation, Concurrency)
William O'Shea (EMD) Preservation/Conservation
DETAILED STAFF REVIEW OF THE FACTORS FOR CONSIDERATION OF REZONING
PURSUANT TO SECTION 504 OF THE LAND DEVELOPMENT CODE
1. COMPATIBILITY
The request to rezone this site from RSF-6 to PR-S appears to be compatible and
consistent with the development trends and surrounding zoning in the area. The site is
located at W-SS^ Avenue East, approximately 3/4 of a mile east of U.S. 41, at the
southeast intersection of 53rd Avenue East and 1st Street. The properties abutting the south
side of 53rd Avenue are gradually transitioning from residential uses to professional uses.
Surrounding zoning and uses include:
SURROUNDING
AREA
North
South
East
West
EXISTING USES
Across 53rd Avenue East, Casa
Loma Manufactured Home Park
Single-family Residence
Single-family Residence
Accu Lab Medical Office
ZONING |
CLASSIFICATION ]
RSMH-6
RSF-6
RSF-6
PR-S
A 1,100 square foot single-family residence currently occupies the site and is surrounded
by RSF-6 and PR-S zoning. The PR-S district permits a maximum of 3,000 square feet of
gross floor area per site. PR-S zoning exists directly to the west of the site, across 1st
Street. Along the south side of 53rd Avenue, between U.S. 41 and 9th Street East, is a mix
of both residential and professional zoning.
The minimum building setback requirements for PR-S zoning are greater than the setback
requirements forthe RSF-6 zoning district. The applicant has been advised of the minimum
building requirements for the proposed zoning. Staff will review compliance with the PR-S
zoning criteria at time of Final Site Plan approval.
63
Page 4 - Z-99-13 - Debra and Robert Clark
Staff does have some compatibility concerns with the adjacent residential land uses located
to the north, east, and south of this site. However, professional and residential land uses
normally coexist with limited concerns. The nature of professional offices is that they are
frequented during work hours or mainly during the daytime, when nearby residents are
generally not home. The nearby residents should not be as greatly affected as they may be
with a commercial retail business.
PR-S zoning appears to be consistent with and a logical extension of the existing zoning
found to the west. The site fronts on 53rd Avenue East which is classified as a Principal
Arterial and therefore may not be well suited for a residential use. If approved, both the
northeast and southeast comer of 53rd Avenue East and 1st will be zoned for professional
uses.
2. TIMING, TRENDS, CHANGES TO EXISTING CONDITIONS
The timing of this request appears to be appropriate based on the existing conditions and
trends within the area. The site is adjacent to a parcel zoned PR-S and is within the RES-6
Future Land Use Category. The south side of 53rd Avenue, between U.S. 41 and 9th Street
East, is gradually transitioning from residential to professional uses.
3. IMPACTS TO INFRASTRUCTURE
A "Deferral and Acknowledgment of Eventual Requirement for Concurrency Certification"
has been received by the Growth Management Division of the Planning Department. The
applicant will be required to submit a traffic analysis in order to meet Concurrency
requirements fortraffic. The impacts to the roadway network will be assessed and mitigated
with subsequent approvals with this request.
At this time, SR 70753rd Avenue East (between U.S. 41 and 15th Street East) has adequate
capacity and is operating at or above the adopted level of service "D". However, the
applicant has been advised that capacity is not reserved at this stage, nor is capacity
guaranteed as being available at time of actual development.
Pursuant to the "Concurrency Transportation Link Sheet" for this segment of SR 70, the
generalized tables reflect a p.m. peak hour base/existing count of 1,775 trips with 51 trips
currently reserved. To maintain the required Level of Service Standard of "D", the total
existing and reserved trips cannot exceed 3,154 p.m. peak hour trips.
The applicant has been advised that studies (solid waste, waste water, or traffic) may be
required as the property is developed.
As designated on the Manatee County Right-of-Way Needs Map in this location, SR 70/53
Avenue East requires a right-of-way of 84 feet (42' half-width right-of-way) with the existing
half width adjacent to this proposed site of 33 feet.
Depending on the proposed impact, up to 9 feet of additional right-of-way may be required
at time of site plan approval. As this is a state road (SR 70), the applicant has been advised
that additional right-of-way may be required for future roadway improvements.
Additional on-site or off-site improvements may be required as the property is developed.
64
Page 5 - Z-99-13 - Debra and Robert dark
4. GENERAL HEALTH, SAFETY & WELFARE CONCERNS
The change in zoning should have no adverse effect on the health, safety, and welfare of this
area, other than those areas identified elsewhere in this staff report.
5. ENVIRONMENTAL & HISTORIC RESOURCE IMPACTS
A single-family home currently occupies the site. Any proposed development on site will
have to comply with wetland and historical resource policies of the Comprehensive Plan.
6. CONSISTENCY WITH LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN
The proposed zoning atlas amendment must be in strict compliance with the Manatee
County Comprehensive Plan. The following policies were considered in preparing this staff
report and are important policies to review and consider in evaluating the proposal:
Policy 2.1.2.3 permits the consideration of new non-residential 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.
The site is located adjacent to non-residential zoning.
Policy 2.1.2.7 requires that all proposed development be reviewed 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.
The uses along the south side of 53rd Avenue East are transitioning from residential to
professional.
The site is surrounded by both residential and professional uses.
PR-S zoning allows for the potential to have a maximum building square footage of 3,000
square feet. The RES-6 FLUC allows for the potential to have a maximum floor area ratio
of 0.23.
At this time, SR 70/53rd Avenue East (between U.S. 41 and 301 Blvd.) has adequate
capacity and is operating at or above the adopted level of service "D".
Policy 2.2.1.12.1 defines the intent of the RES-6 FLUC as areas which are
established for a low density urban, or a clustered low-moderate density urban,
65
Page 6 - Z-99-13 - Debra and Robert dark
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 urban areas.
Policy 2.2.1.12.2 defines the range of potential uses permitted within the RES-6
FLUC as being urban or urban residential uses, small or medium retail and office
commercial uses, short-term agricultural uses otherthan special agricultural uses,
agriculturally-compatible residential uses, public orsemi-public uses, schools, low
intensity recreational uses, and appropriate water-dependent/water-related/water-
enhanced uses.
This is a request to rezone to PR-S (Professional-Small).
Policy 2.2.1.12.3 identifies the range of potential density and intensity permitted
within the RES-6 FLUC.
- The maximum Floor Area Ratio potentially permitted is 0.23.
PR-S zoning allows for a maximum building square footage of 3,000 square feet.
Policy 2.2.1.12.4 of the RES-6 FLUC states:
(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 § 163.3202, F.S.
(b) All projects forwhich 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.
(c) Any nonresidential project exceeding 30,000 square feet of gross building
area shall require special approval.
(d) Small commercial (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 underPolicies 2.10.4.1 and 2.10.4.2, 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 2.10.4.2).
This site meets commercial locational criteria of the Comprehensive Plan. The Functional
Classification Map of the Comprehensive Plan designates 1st Street as a Collector and 53rd
Avenue East as a Principal Arterial.
Policy 2.6.1.1 requires all adjacent development that differs in use, intensity, height,
and/or density to utilize land use techniques to mitigate potential incompatibilities.
Such techniques shall include but not be limited to:
66
Page 7 - Z-99-13 - Debra and Robert dark
use of undisturbed or undeveloped and landscaped buffers
use of increased size and opacity of screening
increased setbacks
innovative site design
appropriate building design
limits on duration/operation of uses
noise attenuation techniques
limits on density and/or intensity
Policy 2.10.4.1 limits the location of all new commercial developmentto well-defined
nodes, or compact groupings.
This site meets commercial locational criteria. The Functional Classification Map classifies
SR 70 as a Principal Arterial and 1st Street (between 57th Ave E and 53rd Ave E) as a
Collector.
ATTACHMENTS:
1. Development Review Committee Comments
2. Zoning Disclosure Affidavit
MANATEE COUNTY PLANNING DEPARTMENT
GROWTH MANAGEMENT SECTION
DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS
(941) 749-3070
DATE: OCTOBER 25,1999
PROJECT NAME: DEBRA & ROBERT CLARK
Z-99-13
REZONE FROM RSF-6 TO PR-S
ADDRESS: 104 63'® AVE. E. BRADENTON
PLANNER: LSIA KRANZ (x)6884
TRANSPORTATION
ENGINEER: HUSHAM ABOULSATTAR (x)6863
CONCURRENCY: MICK1 RYAN (x)€904 ROBERT WENZEL (x)3842
[PLEASE NOTE: THESE COMMENTS ARE BASED ON INFORMATION SUBMITTED AND ARE
SUBJECT TO REVIEW AS APPUCABLE](FY1: THE ENGINEER ON THIS CASE IS CHRIS
MOWBRAY)
CONCURRENCY/TRANSPORTATION RELATED COMMENTS;
I. This submittal may proceed when the comments listed below and the comments issued by
the other DRC members are satisfactorily addressed.
N/A
II We offer the following suggestions, comments and concerns for this proposal; however,
these do not necessarily require a revision to your application at this time.
At this time. S.R. 70 / 53RD Ave. E.(between US 41 and 301 Blvd) has adequate capacity and is
operating at or above the adopted level of service "D". However, applicant is advised that
capacity is not reserved at this stage, nor is capacity guaranteed as being available at time
of actual development
Pursuant to the "Concurrency Transportation Link Sheet" for this segment of S.R. 70, the
generalized tables reflect a pm peak hour base/existing count of 1775 trips with 51 trips
currently reserved. To maintain the required Level of Service Standard of "D", the total existing and
reserved trips cannot exceed 3154 pm peak hour trips.
Applicant is advised that studies (solid waste, waste water and/or traffic) may be required as the
property is developed.
Additional on-sfte and/or off-site improvements may be required as the property is developed.
III. General Information
A "Deferral and Acknowledgement of Eventual Requirement for Concurrency Certification" has been
received. Applicant is advised that when seeking further development approval(s) for this project,
the "Deferral" does not exempt applicant from the requirement for a Certificate of Level of Service
Compliance.
68