www.mymanatee.org
Manatee County Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 5, 2013
December 5, 2013 Land Use Meeting
Agenda Item #6


Subject
Compliance Agreement - Robinson Farms Comprehensive Plan Amendment

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Sarah A. Schenk

Assistant County Attorney

941-748-4501 x3750



Action Requested

The Board has the following options:

(a)   I move to approve the Compliance Agreement between Manatee County, the Department of Economic Opportunity (DEO), Robinson Farms, Inc. and Bochi Properties, LLC and authorize execution of the Compliance Agreement by the County Attorney. [Approval of the Compliance Agreement allows the County Commission to hold a public hearing on proposed Ordinance No. 13-10; the Board reserves their prerogative to either approve or deny adoption of proposed Ordinance 13-10.]

OR

(b)   I move to deny approval of the Compliance Agreement. [Take no action on proposed Ordinance No. 13-10.]

 



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

and

Chapter 163, Part II, Florida Statutes



Background Discussion
  • There is an administrative proceeding in DOAH Case No. 11-0009GM now pending before the Administration Commission as AC Case No. ACC-11-001.
  • There is also a certain action pending in the Circuit Court of the 12th Judicial Circuit in and for Manatee County known as Robinson Farms, Inc., et al. v. Manatee County, Florida; Case No. 2010-CA-6090.  [“The Circuit Court case.”]
  • Both pending matters relate to Plan Amendment PA-10-02 (Robinson Farms Map Amendment).
  • The Applicants for Plan Amendment PA-10-02, through their legal counsel, have proposed a Compliance Agreement in accordance with the requirements of Section 163.3184(6)(a), Florida Statutes (2013), to enable settlement of all pending litigation and to propose a Remedial Plan Amendment for adoption by the Board of County Commissioners.
  • Prior to approving the Compliance Agreement, the Board of County Commissioners is required to hold a public hearing.
  • The proposed Compliance Agreement would enable the Board of County Commissioners to hold a public hearing on the Remedial Plan Amendment (Ordinance No. 13-10) (simultaneously scheduled for the same agenda as the Compliance Agreement).
  • The Remedial Plan Amendment, if adopted, as described in Ordinance No. 13-10, would approve a Future Land Use map change from the RES-1 to RES-3 FLUC for the property known as Robinson Farms with a maximum residential density cap of 38 residential units.  The density cap is contained in a text amendment in Ordinance No. 13-10.
  • Not all parties to the administrative proceeding have executed the Compliance Agreement.  Katie Pierola and Greg Geraldson have not executed the Compliance Agreement.  The applicable statute allows  Manatee County, the Department of Economic Opportunity and the Applicants for the Comprehensive Plan Amendment PA-10-02 to be parties to the Compliance Agreement and to settle both the Administrative Proceeding and the pending Circuit Court action.
  • The citizens (Katie Pierola and Greg Geraldson) are not parties to the pending Circuit Court case.
  • The Board of County Commissioners may hold a combined public hearing on both the Compliance Agreement and the FLUC Map Amendment proposed in Ordinance No. 13-10, however each should be voted on separately with the Compliance Agreement being voted on first and then proposed Ordinance No. 13-10 being voted on second.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Prepared by County Attorney's Office - SAS

Reviewing Attorney
N/A

Instructions to Board Records
Please forward three executed copies of the Compliance Agreement with attachments to Assistant County Attorney, Sarah A. Schenk; forward one approved of this Agenda Memo to Mary Zuchniewicz at mary.zuchneiwicz@mymanatee.org

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Compliance Agreement Revised.pdf
Attachment:  Copy of Newspaper Advertising - Robinson Farms Compliance Agreement - 12-5-13 BC.pdf
Attachment:  Public Comment letter.pdf