www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 6, 2013
June 6, 2013 Land Use Meeting
Agenda Item #12


Subject
County Wide Text Amendment - PA-13-06 - Legislative - Shelley Hamilton

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Shelley Hamilton

Planner

941-748-4501 ext. 6863



Action Requested

MOTION:

Based upon the evidence presented, comments made at the Public Hearing, the technical support documents, and finding the request to be INCONSISTENT with the Community Planning Act as codified in applicable portions of Chapter 163, Part II, Florida Statutes, and the Manatee County Comprehensive Plan, I move to NOT TRANSMIT Plan Amendment PA-13-06.



Enabling/Regulating Authority

Community Planning Act, Chapter 163, Part II, Florida Statutes

 Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion
  • The proposed text amendments are privately-initiated language additions to Element 3, Conservation and Element 4, Coastal Management, of the Manatee County Comprehensive Plan;
  • No justification has been provided to support the proposed text amendment language, independent of the support information provided by the applicant for the map amendment application for the Long Bar Pointe property;
  • The text amendments, however, would be applied county-wide, and would not just be relative to the Long Bar Pointe property; therefore, the text changes could apply to any property that meets the locational criteria listed in the proposed language (i.e., mixed-use project, 100 acres or more, located on a coastal line, adjacent to navigable waters and on an arterial roadway, and include a demonstration of  a public benefit);
  • A change to the Comprehensive Plan requires an applicant to demonstrate that there has been a change in circumstances or that there has been an oversight in the adopted plan that would justify the proposed changes.  The applicant has not provided justification that either of these circumstances exist; therefore, the changes could be found to be inconsistent with the Manatee County Comprehensive Plan;
  • The proposed text amendments have the potential to allow exceptions to water quality, coastal marine resources, existing wetland systems, and land use, thereby creating inconsistencies with the goals and policies of the State Comprehensive Plan and could be found to adversely impact important State resources;
  • Staff recommends DENIAL.
  • On May 9, 2013, by a vote of 6 – 1, the Planning Commission recommended transmittal. Staff is not in agreement with this recommendation; please see staff report attached to this memo.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Written Comments available from Sarah Schenk.

Reviewing Attorney
N/A

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:  Staff Report - County Wide Area Text Amendment - PA-13-06 - 6-6-13 BC.pdf
Attachment:  Attachment 1 and 2 to staff report (Element 3 and 4) - County Wide Area Text Amendment - PA-13-06 - 6-6-13 BC.pdf
Attachment:  Copy of Newspaper Advertising - County Wide Area Text Amendment - PA-13-06 - 6-6-13.pdf
Attachment:  Public Comment Letters - Long Bar Pointe - PA-13-06 - 6-6-13 BC.pdf
Attachment:  Slideshow - Planner - County Wide Area Text Amendment - PA-13-06 - 6-6-13 BC.pdf