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 #7


Subject
Ordinance No. 13-10 - Robinson Farms

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

John Osborne

Planning Official

941-748-4501x6825

Sarah A. Schenk

Assistant County Attorney

941-748-4501x3750



Action Requested

The Board has the following options:

(a)    A staff recommended motion: I move to adopt proposed Ordinance No. 13-10-to amend the Future Land Use Map for the Robinson Farms property from the RES-1 to RES-3 Future Land Use Classification (20+/- acres).

OR

(b)   I move to deny adoption of Ordinance No. 13-10-the Future Land Use Classification for the Robinson Farms property would remain RES-1. [The County will continue with pending litigation in two cases.]



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

and

Chapter 163, Part II, Florida Statutes



Background Discussion
  • The Comprehensive Plan Amendment Application PA-10-02 was adopted by the Board on October 12, 2010 by enacting Ordinance No. 10-02.  It pertained to a total of 28 acres.
  • Ordinance No. 10-02 approved the change in the Future Land Use Classification from the RES-1 to the RES-3 FLUC for a ±28 acre parcel of land  outside the Coastal High Hazard Area (CHHA).
  • Ordinance No. 10-02 has not yet become effective due to the pending administrative legal challenge (the “Administrative Proceeding”).
  • The Administrative Law Judge prepared a Recommended Order finding the Plan Amendment PA-10-02 to be in non-compliance.
  • The Board of County Commissioners adopted Ordinance No. 1-035 on August 23, 2011 to rescind Ordinance No. 10-02 applicable to the 28± acres thus retaining the RES-1 FLUC on the Robinson Farms property.
  • The Applicants for Plan Amendment PA-10-02 initiated an action in Circuit Court relating to Ordinance No. 10-02 and Ordinance No. 11-035, said action is currently pending in the 12th Judicial Circuit.  (Circuit Court Case).
  • Both the Administrative Proceeding and the Circuit Court Case related to legal challenges based on the potential increase of residential density within the Coastal High Hazard Area and the Coastal Evacuation Area.
  • In the event Plan Amendment PA-10-02 became effective, a portion of the proposed 105 dwelling units would have been in the Coastal High Hazard Area (CHHA) and the Coastal Evacuation Area (CEA).
  • A proposed Compliance Agreement between Manatee County, the Applicants for Plan Amendment PA-10-02 and the Department of Economic Opportunity (DEO) addresses issues raised in both the pending Administrative Proceeding and the Circuit Court Case.
  • The Applicants have submitted a “Remedal Plan Amendment” requesting the RES-3 FLUC be applicable to a parcel reduced in acreage to a ±20 acre parcel thus reducing the density to a maximum of 38 residential dwelling units.  (In a text amendment).
  • The public hearing is being held on both the Compliance Agreement and the proposed Remedial Plan Amendment (Ordinance No. 13-10) to enable consideration by the Board of County Commissioners of a settlement of both the Administrative Proceeding and the Circuit Court Case.


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 a copy of the signed ordinance to bobbi.roy@mymanatee.org

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  PA-10-02R-KLTRobinson Farms SR.pdf
Attachment:  Copy of Newspaper Advertising - Ord. 13-10 PA-10-02R - Remedial Plan Amendment Robinson Farms - 12-5-13 BC.pdf
Attachment:  Ordinance 13-10.pdf
Attachment:  Public Comment Letter.pdf