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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 25, 2014
February 25, 2014 - Regular Meeting
Agenda Item #35


Subject
Ordinance 14-13 - Land Development Code Amendment - Right of Way - Legislative - William Clague

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

William Clague
Deputy County Attorney
941-748-4501, ext. 3750



Action Requested
No Action Necessary; this is the first of two required public hearings. The second hearing will be held March 11, 2014 (to be continued from March 6, 2014).

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion

The CAO has recommended that the Board amend Sections 722.1.3, 807.4, and 809.2 of the Land Development Code to comply with recent developments in case law decisions of the Florida and Federal Courts.  The CAO has prepared a draft Ordinance No. 14-13.  The Ordinance provides for the following changes:

  1. Change the County's right-of-way preservation program from a "dedication" to a "reservation" (or "setback") system except in cases where dedication is supported by a traffic impact analysis; and
  2. Change the way the County determines site-related v. non-site related improvements for roads to be consistent with all other infrastructure improvements.

The recently approved settlement agreement between the County and Medallion Homes requires that the CAO present these amendments to the Board with our recommendation of adoption (though it does not legally bind the Board to adopt the amendments) no later than the end of March 2014.  In keeping with that agreement, the ordinance was presented to the Planning Commission during its February regular meeting, and is being presented to the Board in two public hearings.

On February 13, 2014, by a vote of 7 – 0, the Planning Commission recommended approval.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Ordinance prepared by William Clague

Reviewing Attorney
Clague

Instructions to Board Records
n/a

Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Section 722.1.3 Right-of-Way Final - 02-25-14 BC.pdf
Attachment:  Copy of Newspaper Advertising - Ordinance 14-13 - 2-25-14 BC.pdf