B.O.C.C. 01/25/00 Z-99-13 - DEBRA AND ROBERT CLARK...Page 4 - Z-99-13 Debra and Robert Clark Staff does have some compatibility concerns with the adjacent residential land uses located

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.

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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.

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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).

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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.

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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


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


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:

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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.

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B.O.C.C. 01/25/00 Z-99-13 - DEBRA AND ROBERT CLARK...Page 4 - Z-99-13 Debra and Robert Clark Staff does have some compatibility concerns with the adjacent residential land uses located

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