MEMORANDUM

Building and Development Services Public Hearings

1112 Manatee Avenue West Phone number: (941) 748-4501 ext. 6878

PRISCILLA TRACE * REGGIE BELLAMY * STEPHEN JONSSON * MISTY SERVIA * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAC

District 1 District 2 District 3 District 4 District 5 District 6 District 7

THIS MEMO AND THE CHANGES INDICATED BELOW ARE REFLECTED IN THE ELECTRONIC AGENDA (E-AGENDA)

2. 1:30 PM Time Certain Item #13 – LDCT-17-05/Ordinance 19-03 fka 18-03 Lane Land Development Code Text Amendment (County Initiated) / Process Improvements – Legislative – Lisa Barrett, Planning Manager – Revised Title to correct typographical error see previous in strikethrough/underline format. 5. Planning Commission – This item to be heard after Advertised Public Hearings- Presentations Upon Request portion of the agenda – This item will be heard after all other items on agenda instead of after Upon Request portion of the agenda. 6. Historic Preservation Board – This item is to be heard at the advertised Public Hearings – Presentation Upon Request portion of the agenda - This item will be heard after all other items on agenda instead of after Upon Request portion of the agenda. 8. PDMU-16-13(G)(R) OHM Teerth Investments & Consulting, LLC (Jiten Patel) (Owner)/Ellenton Theatre and Hotel 20180009 – Quasi-Judicial – Margaret Tusing, Planning Section Manager – Item to be moved from Presentations Upon Request to Presentations Scheduled 9. PDR-14-14(P)(R2) – Summerwoods PH I, II & III – PLN1804-0093 – Quasi-Judicial – Jamie Schindewolf, Planner I - Item to be moved from Presentations Upon Request to Presentations Scheduled 12. PDR-18-08(Z)(P) related to [PDR-15-15(Z)(P)] Indigo Subdivision PLN1803-0094 – Quasi-Judicial – Rossina Leider, Principal Planner – Continued from November 1, 2018 – Additional Information from applicant attached (Resume and Wetland Impact Study and Ecosystems Management Plan not attached to letter). 13. 1:30 pm Time Certain – LDCT-17-05/Ordinance 19-03 fka 18-03 Land Development Code Text Amendment (County Initiated)/Process Improvements – Legislative – Lisa Barrett, Planning Manager – Public Comment Letter requesting additional speaking time and Schedule for Maintaining Consistency between the Manatee County Land Development Code and the Provisions of the Manatee County Comprehensive Plan Adopted by Board of County Commissioners June 2, 2015 with minutes attached.

To: Margaret Tusing, Planning Section Manager

From: Bobbi Roy, Senior Planning & Zoning Technician

Date: December 5, 2018

Subject: Agenda Update for the December 6, 2018 Board of County

Commissioners Land Use Meeting

November 29, 2018 Manatee County Board of County Commissioners 1112 Manatee Avenue West Bradenton, Florida 34205 Subject: PDR-18-08(Z)(P) – Indigo Phase 8

Neal Communities of Southwest Florida, LLC., Empire State Holding Group, LLC., Eric D. Jackson and Joanne Y. Jackson, Archie M. Smith and April A. Smith, Mark Heller, Samuel Scott Smith, and Wayne A. Rex

Madam Chairman: This letter is being provided as written testimony which I provide under oath and incorporate into my testimony at the December 6, 2018 Board of County Commissioner’s Land Use Hearing for the above referenced application. Attached to this letter is a copy of my Resume and I’m testifying today as an expert in environmental science and planning, as well as matters concerning compliance with the rules and criteria of Manatee County’s Land Development Code and Comprehensive Plan. While my Resume outlines educational and professional experience, the most relevant qualification is the fact that I was the Environmental Program Manager and Section Manager for Manatee County, for approximately 14 years and am intimately familiar with the codes and application of the rules in the real world. I am, therefore, qualified to provide expert testimony today. In addition to my Resume, I am also providing copies of the Wetland Impact Study and Ecosystems Management Plan that have been submitted to staff in support of the project. Relevant factors in support of the project include the following:

1. Indigo Phase 8 contains approximately 4.02 acres of wetland located within the proposed Indigo Phase 8 project limits.

2. The project proposes 1.02 acres of wetland impacts.

3. Wetland impacts are similar in nature and effect as the wetland impacts previously approved within phases 6 and 7 of the Indigo project.

4. Impacts to Wetland 3 are consistent with LDC Section 706.5.A, as the wetland meets the definition of a non-viable wetland.

5. Impacts to Wetlands 1, 4, and 5, meet the criteria of LDC Section 706.5.C.2. An Ecosystems Management Plan has been provided which provides for significant additional preservation, enhancement and restoration of native habitats, thereby demonstrating an overriding public benefit. The Ecosystems Management Plan includes 4.4 acres of wetland creation, upland habitat enhancement/restoration within the floodway of Mill Creek. The floodway of Mill Creek is an established wildlife corridor with significant preservation from the project limits to the Manatee River.

Submitted with the Agenda Update Memorandum

6. In addition to the improvements included in the Ecosystems Management Plan, wetland mitigation for all wetland impacts will be provided in accordance with LDC Section 706.6.

7. Manatee County staff is recommending approval of the Rezone and Preliminary Site Plan, including the wetland impacts. As part of the project permitting, the applicant developed and submitted a Preliminary Ecosystems Management Plan which has been carefully reviewed by your staff. This Plan is approved by your staff as reflected on Page 6 of the Staff Report where the staff writes: “Environmental Planning staff is supporting proposed impacts and development of Wetland 4 (0.27 acres of impacts) to locate lots 646, 647, 648, 649, 650, and 651 based on an Ecosystem Management Plan provided by the applicant …”

Thank you for your consideration on this matter. If you have any questions, please contact me at your earliest convenience. Sincerely,

Joel D. Christian Senior Scientist

Submitted with the Agenda Update Memorandum

Submitted with the Agenda Update Memorandum

Submitted with the Agenda Update Memorandum

Submitted with the Agenda Update Memorandum

Submitted with the Agenda Update Memorandum