Heritage Harbour DRI - Ord. 14-37 - 8-14-2014

P.C. 8/11/14
ORD-14-37/HERITAGE HARBOUR – (DRI #24)
Request: An Ordinance of the Board of County Commissioners of Manatee County, Florida
regarding land development, rendering an amended and restated Development Order
pursuant to Chapter 380.06, Florida Statutes, for the Heritage Harbour Development of
Regional Impact (Ordinance 14-37); A/K/A TBRPC DRI #240; to approve the following
changes to Map H and the Ordinance (f/k/a Ordinance 11-31):
1)
2)
3)
4)
Update Phasing and Buildout dates to reflect previously authorized legislative
extensions;
Remove the 12.0 acre marina and designate the parcel for residential use;
Update the conditions to reflect compliance with requirements contained therein;
and
Extend the frequency of reporting to biennial.
This DRI was originally approved in two phases for 5,000 residential units, 851,900 square
feet of retail space, 170,000 square feet of office space, 300 hotel rooms, 600 Assisted
Living Facility Beds, a 462 slip marina (wet and dry slips), and 45 golf course holes.
The ordinance amends, replaces, and supersedes Ordinance 11-31, DRI #24; as
amended, providing for severability, and an effective date.
The Heritage Harbour DRI is northeast of the intersection of I-75 and State Road 64 and
extends northward to the Manatee River. A section is located south of the Waterlefe
development and extends eastward to Upper Manatee River Road. A small portion of the
project is located west of I-75, at the southeast intersection of I-75 and Kay Road. The
present zoning is PDMU/CH (Planned Development Mixed Use/Coastal High Hazard
Overlay (Total Project: 2,784.7 ±acres).
App Received:
10/18/12
P.C.:
8/11/2014
B.O.C.C.: 9/4/2014
RECOMMENDED MOTION:
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, the Manatee County Land Development Code, and Section
380.06, Florida Statutes, subject to the conditions of approval established in the
Development Order, and subject to approval by the Board of County Commissioners
of the Amended and Restated Local Development Agreement, I move to recommend
APPROVAL of DRI #24 and recommend ADOPTION of Manatee County Ordinance No.
14-37.
Page 2 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
CASE SUMMARY
CASE NO.:
ORD-14-37 (DRI #24)
APPLICANTS:
Lennar Homes, LLC
LNR Heritage Harbour, LLLP
Manatee Land Investors, LLC and Upper Manatee 288, LLC
REQUEST:
Modify Map H and the Development Order with the following
changes:
1)
2)
3)
4)
STAFF
RECOMMENDS:
Update Phasing and Buildout dates to reflect previously
authorized legislative extensions;
Remove the 12.0 acre marina and designate the parcel for
residential use;
Update conditions to reflect compliance with requirements
contained therein; and
Extend the frequency of reporting to biennial; and
APPROVAL
REQUEST, LOCATIONAL INFORMATION, AND LAND USE CHARACTERISTICS
•
The Heritage Harbour DRI is generally northeast of the intersection of I-75 and
State Road 64, extending northward to the Manatee River. A small portion of the
project is located west of I-75, at the southeast intersection of I-75 and Kay Road.
The 288.7 acre addition is south of the Waterlefe development and extends
eastward to Upper Manatee River Road.
•
To the NORTH is the Manatee River zoned A/CH.
•
To the SOUTH, across State Road 64, is vacant land zoned A-1 and a partially
constructed RV park (Timberlane) zoned PDRV.
•
To the EAST are two residential subdivisions (Waterlefe Golf and Country Club and
Greenfield Plantation), and Haile Middle and Freedom Elementary schools zoned
PDR, A, and A-1. Across Upper Manatee River Road are single-family residences
on large lots and agricultural uses zoned A-1.
•
To the WEST is I-75, an RV park (Winter Quarters), and a residential subdivision
(Cypress Creek Estates).
Page 3 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
SUMMARY:
Heritage Harbour is an approved multi-use development that includes:
•
•
•
•
commercial uses primarily adjacent to State Road 64 and the I-75 interchange;
institutional and office uses located north of State Road 64 and south of Port
Harbour Parkway;
a marina on the Manatee River; and
residential units on the balance of the property.
Approved development totals are as follows:
CATEGORY
Commercial
Retail
Office
Hotel
ACLF
Residential
Single-family detached
Single-family attached
or semi-detached
Multi-family
Total Residential Units
Marina
Golf Course
Park
Institutional
PHASE I
2000-2012
PHASE II
2004-2017
TOTAL
300,000 s.f.
103,250 s.f
150 rooms
0
551,900 s.f.
66,750 s.f.
150 rooms
600 beds
851,900 s.f.
170,000 s.f.
300 rooms
600 beds
1,290 units
500 units
980 units
640 units
2,270 units
1,140 units
760 units
2,550 units
162 wet slips
36 holes
41.2 acres
7.5 acres
830 units
2,450 units
300 dry slips
9 holes
1,590 units
5,000 units
462 slips
45 holes
41.2 acres
10.3 acres
2.8 acres
History
The Heritage Sound DRI was approved on March 21, 2000 as a mixed used project, with
residential, commercial, office, hotel, ACLF (group care home), marina, and recreation
uses on ±2,495.8 acres. The project is approved for 2 phases.
On June 17, 2003 the BOCC approved changes to the Development Order and Map H to:
1. Change the project name and authorized agent and correctly identify the project
owner and developer;
2. Transfer development between Phase I and Phase II
3. Increase the park size from 40.2 to 41.2 acres;
4. Extend the buildout date for Phase I by 4 years, 11 months, and 30 days to
December 30, 2009;
Page 4 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
5. Amend the Developer’s commitment regarding water supply;
6. Amend Table 2 to provide an alternative roadway improvement for the State Road
64 frontage road;
7. Amend the definition of “warranted” to include FDOT;
8. Delete conditions regarding school impacts mitigation, infrastructure standards in
floodplains; sources for irrigation, utilization of xeriscape landscaping, and
maintenance of waterlines and fire hydrants;
9. Add a Telecommunication Facility Use between the existing lake and I-75; and
10. Amend Map H to make the above changes and various other changes.
During the 2007 legislative session, Section 380.06(19)(c), Florida Statutes was amended
to extend buildout and expiration dates for DRIs that were under active construction. The
buildout dates for Phases I and II were extended from 2009 to 2012 and the DRI expiration
date was extended from December 31, 2014 to December 31, 2017.
On March 11, 2008, the BOCC approved changes to the Development Order and Map H
to:
1. Modify the boundaries to add 288.7 acres on the east side of the project;
2. Amend Map H to reflect the above changes;
3. Amend Table 2 and various transportation conditions to address traffic impacts in
Phase II;
4. Amend stipulations to address affordable housing;
5. Delete Education Stipulation L(2) regarding the monitoring of students in the project;
and
6. Amend the Development Order definitions, conditions, and terminology to reflect the
above changes.
On June 3, 2010, the BOCC approved changes to the Development Order and Map H to:
1. Increase the amount of commercial floor area by 54,900 square feet.
2. Allow the conversion of permitted commercial uses (retail, office, multi-family, and
hotel) between Parcels 19 and 20, according to a Land Use Equivalency Matrix
(LUEM).
3. Add Hotel as an alternative use on Parcels 19 and 20; and
4. Corresponding Development Order and Master Development Plan modifications.
On October 6, 2011, the BOCC approved changes to the Development Order and Map H
to:
1. Amend Condition A (2) of the Development Order to extend CLOS to December 31,
2017
2. Extend buildout date and Development Order expiration date.
3. Extend buildout date for Phase II
4. Add Residential Land Use Equivalency Matrix to Exhibit # 15
5. Amend terminology and other provisions to reflect the above changes to this DRI.
Page 5 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
To date, 2,465 residential units have been completed, including 1,049 multi-family units.
28,000 square feet of office space has been built. A community park and fitness center,
and 45 holes of golf have also been built, in addition to associated roadways, including a
segment of Port Harbour Parkway (a collector facility). Site plans for residential and
commercial development are either under review or have been approved.
Request
The request today is for an amendment to the Heritage Harbour Development Order (DO)
and Map H. The request includes a companion revision to the Zoning Ordinance and
General Development Plan.
The process to amend the DO is different than past requests due to legislative changes
approved by the state last year. The amendment is not being processed as a Notice of
Proposed Change (NOPC) in which the Tampa Bay Regional Planning Council reviews
and approves the amendment and makes a recommendation to the County.
House Bill 979 was approved during the 2012 legislative session adding sub section k. to
Florida Statue Section 380.06 (19)(e)2, dealing with DRIs. Language was added that
states “changes that do not increase the number of external peak hour trips and do not
reduce open space and conserved areas within the project…” which is followed by the
language already in the F.S. stating that such modifications to Development Orders only
require an application to the local government in accordance with the local government’s
procedure for amendment of a development order and that following adoption, the local
government shall render a copy to the state land planning agency (Department of
Economic Opportunity). DEO no longer has the right to review, only appeal the
amendment if they believe the change creates a reasonable likelihood of new or additional
regional impacts. There is no requirement to provide a copy to the Regional Planning
Council, since they have no rights to appeal.
Staff has reviewed the amendments and concurs that the proposed changes to the DRI
Development Order and Map H do not increase the number of external peak hour trips and
do not reduce open space and conserved areas with the DRI project. Nor are the changes
those listed requiring an NOPC or Substantial Deviation to the DRI. If the amendment is
approved, a copy of the amended ordinance will be sent to DEO and a courtesy copy to
the Tampa Bay Regional Planning Council.
Each request is detailed below and shown in strike-thru/underline format in the attached
Development Order:
1.
Update Phasing and Buildout dates to reflect previously authorized legislative
extensions;
Under Development Conditions, the applicant proposes the following changes:
Page 6 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
TABLE 1 - Development Totals
TYPE OF DEVELOPMENT: Multi-Use Development.
LOCATION: Northeast of the intersection of I-75 and SR 64.
TOTAL DEVELOPMENT AMOUNTS:
CATEGORY
ACREAGE1
Commercial
Retail4
154.0
PHASE II 2
2004-2017*
TOTAL
103,250 s.f
150 rooms
0
551,900 s.f.
66,750 s.f.
150 rooms
600 beds
851,900 s.f.
170,000 s.f.
300 rooms
600 beds
1,290 units
500 units
980 units
640 units
2,270 units
1,140 units
300,000 s.f.
4
Office
Hotel4
ACLF
Residential5
Single family detached
Single family attached/
semi-attached
Multi-family
Total Residential Units
Marina
Recreational Open Space
Golf Course
Park
Telecommunication
Facility
Institutional
Arterial/Collectors ROW
Lakes
Wetlands
Mitigation
PHASE I 3
2000-2012*
1282.6
760 units
830 units
1,590 units
2,550 units
2,450 units 5,000 units
162 wet slips 300 dry slips 462 slips
12.0
501.4
10.3
67.9
223.4
519.2
33.8
1
CATEGORY
ACREAGE
Commercial
164.3
3
Retail
3
36 holes
41.2 acres
9 holes
45 holes
41.2 acres
7.5 acres
2.8 acres
10.3 acres
2
2
PHASE I
2000-2017*
PHASE II
2004-2022*
TOTAL
300,000 s.f.
551,900 s.f.
851,900 s.f.
Office
3
Hotel
103,250 s.f
150 rooms
66,750 s.f.
150 rooms
170,000 s.f.
300 rooms
ACLF
0
600 beds
600 beds
1,290 units
980 units
2,270 units
Residential
4
Single family detached
1302.3
Page 7 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
Single family attached/
semi-attached
500 units
640 units
1,140 units
Multi-family
760 units
830 units
1,590 units
2,550 units
2,450 units
5,000 units
36 holes
9 holes
45 holes
Total Residential Units
*
1
2
3
3
4
Right of Way
67.9
Open Space
1250.2
Golf Course
250
Park
41.2
Wetlands, Lakes, Passive
Recreation
959
TOTAL
2784.7
November 21st of referenced year for Phase I and Phase II
Acreage figures subject to adjustment due to final survey and platting, surveyed jurisdictional
determinations, permit survey data, etc.
The Phase I and II buildout dates include the three year extension authorized pursuant to Paragraph
380.06(19)(c), Florida Statutes and legislatively authorized extensions pursuant to HB 7207 and F.S.
252.363.
Per CLOS issued by Manatee County which expires on December 31, 2017.
Development minimum and maximums for Parcels 19 and 20 shall be per the Land Use Equivalency
Matrix (LUEM) included as Exhibit 15.
Residential units may be exchanged among the types of approved units per the Land Use
Equivalency Matrix (LUEM) included as Exhibit 15.
Table 1 – Development Totals has been reformatted and adjusted to provide
consistency with Map H, the GDP, and the Zoning Ordinance. The table has also
been reformatted for ease of review. In addition, there appeared to be
mathematical errors, which were corrected.
Staff has no objection to the proposed revisions to Table 1.
Under General Conditions, the applicant proposes the following changes:
O(4). Buildout shall be completed by December 30, 2017 November 21, 2022.
This Development Order shall expire December 30, 2022 November 21, 2024 to
allow for post-development monitoring. Unless otherwise specified in this
Development Order, all conditions herein shall be complied with on or before the
expiration date of this Development Order.
On May 22, 2012, pursuant to HB 7207, a 4 year extension of phase, buildout, and
expiration dates were granted for all phases of the DRI. The same letter granted
this project 326 days for all phases of the DRI, pursuant to F.S. 252.363.
Staff has no objection to the revisions as the extensions for the Development Order
Page 8 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
have already been granted. The Development Order is simply being updated to
reflect legislatively approved extensions.
2.
Remove the 12.0 acre marina and designate the parcel for residential use;
Parcel 12 of the approved Map H provides for a Marina and retail, which consists of
462 slips (162 wet slips and 300 dry slips) and 6,000 square feet of retail on
approximately 23.3 acres. Parcel 13 is permitted to have 11 residential units on
approximately 11.7 acres. The applicant proposes deleting the marina and retail
use, and reallocating 85 dwelling units from other parcels within the DRI to Parcels
12 and 13, to allow for the total of 96 dwelling units and 78 boat slips on Parcels 12
and 13. This modification provides for an increase of 85 dwelling units and a
reduction of 384 boat slips on these two parcels. (See discussion below regarding
the reallocation of dwelling units).
This DRI provides for approximately 61.1 acres of recreation opportunities, including
golf courses (45 holes) throughout the project. None of these recreational
amenities provide direct access to the Manatee River, but water related recreational
opportunities like canoeing and kayaking are offered at the park that is centrally
located within the development. The 78 boat slips proposed for Parcels 12/13 will
most likely be slips for residents who purchase property within those parcels, so
residents from elsewhere in Heritage Harbour will not have access to these slips.
The removal of the marina will not affect the amount of open space provided in the
project.
The applicant proposes to delete stipulations M(1). through M(8)., relating to the
development of the Marina facilities, from the Development Order. The revised
stipulation language is below. Staff does not object to this request.
M(1). Live-aboards, defined as occupying a vessel for more than three consecutive
days, shall not be allowed.
M(2). Manatee protection measures outlined by the Bureau of Protected Species
Management, including educational signage, channel markings, etc., shall
be implemented in accordance with Condition C(6).
M(3). The marina shall implement the elements of the Florida Clean Marina
Program to minimize the introduction of deleterious substances into the
marina basin that would be detrimental to water quality (Developer’s
commitment).
M(4). A fuel spill response plan shall be prepared and approved by Manatee
County prior to Final Site Plan approval for the marina or boat livery. Marina
staff shall be trained in the implementation of the plan. Each annual report
shall include a report on marina operation, including the number of wet and
Page 9 of 9 – Ordinance 14-37 - DRI #24 - Heritage Harbour
dry slips occupied; the number leased by residents; and any incidents of fuel
spills.
M(5). The slip lease agreement shall prohibit use of sudsing cleaners containing
ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or
lye.
M(6). The provisions of the Pollution Discharge Act outlined in Section 376, Florida
Statutes, and Chapter 62N, Florida Administrative Code, shall be strictly
adhered to.
3.
Update conditions to reflect compliance with requirements contained therein,
as well as compliance with the revision to LDA.
These updated conditions are predominately found in the Transportation Section
(Section B) and reflect that required transportation improvements will be mitigated
through the approval of the amended LDA.
4.
Extend the frequency of reporting to biennial;
Section 380.06(18), Florida Statutes, has been revised to allow biennial reports for
all DRIs, unless the development order requires more frequent monitoring.
The applicant requests a revision to Development Order condition O(6). to allow
biennial monitoring reports, rather than annual reports. Given the amount of
residential development completed in this DRI, and the continued progress,
monitoring, and maintenance of the development, staff has no objection to the
modification to allow for biennial monitoring.
Other amendments to the Development Order are proposed to reflect department name
changes, to achieve consistency with the changes proposed, and to note what stipulations
have been completed to date.
Conclusion:
Staff recommends approval of the amendments as shown in strike-thru/underline format in
the attached ordinance.
ATTACHMENTS:
1.
2.
3.
Map H
Ordinance 14-37
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