www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers August 10, 2017 - 9:00 am
REVISED August 10, 2017 - Planning Commission Meeting
Agenda Item #5


Subject
LDCT-17-03/Ordinance 17-38 - Land Development Code Text Amendment - 20170239 -

Briefings
None

Contact and/or Presenter Information

Presenter:

   Nicole Knapp, Planning Section Manager, 941-748-4501 ext.6836

Contact:

   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

Based upon the staff report, evidence presented, comments made at the Public Hearing, finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the requirements for text amendments in Section 341.2 of the Land Development Code, I move to recommend ADOPTION of Ordinance 17-38, amending the Manatee County Land Development Code, as recommended by staff.



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

 



Background Discussion

• A change in circumstance, development or business trend has resulted in a new use commonly known as Free-standing Emergency Room.  This use, while it is not currently defined within the Land Development Code, is similar to that of a Clinic or Urgent Care Center based on the description of the typical business operations, as well as the typical building size.

• Per LDC Section 401.2, whenever there is any uncertainty as to the classification of a use, the Department Director shall determine the classification, if any, within which the use falls, based on its characteristics and similarity to other uses in the district.  If a use has characteristics similar to more than one classification, the use shall be construed as the classification having the most similar characteristics.

• As regulated in Section 311 of the LDC, the Department Director may issue written letter of interpretation to determine whether a particular use, which does not clearly fall under the definition of one of the uses specified in the code, and is not specifically allowed in a zoning district, is substantially similar to one of the permitted uses.   And as also regulated by Section 311 of the LDC, the Department Director shall maintain an official record of all formal interpretations and shall periodically prepare code amendments to incorporate the interpretations into the code.

• The Planning Division staff has proposed the respective Land Development Code amendments to address a land use that is not currently clearly defined in the Code.

• This amendment is not tied to a formal application for development; however, is a result of a recent application for development that caused staff to realize the need for clarity within the Code.

• The new regulations established in this request will allow for future Urgent Care Centers, thereby expanding medical care opportunities available within Manatee County.

• The proposed amendments do not include any changes to the current regulations of the Schedule of Uses - Agriculture and Residential Districts (Table 4-1), Schedule of Uses – Non Residential Districts (Table 4-2), Schedule of Uses PD Districts (Table 4-9), and Standards for Specific Uses (LDC Section 531).

• The proposed amendment is consistent with the Comprehensive Plan, and promotes the public health, safety and welfare.

• Staff recommends APPROVAL.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email to Matter 2017-0320 on July 13, 2017.

Reviewing Attorney
Schenk

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 - LDCT-17-03 - Ordinance 17-38 - LDC Amendment Clinic.pdf
Attachment:  1 - Ordinance 17-38.pdf
Attachment:  2 - Interpretation letter signed copy.pdf
Attachment:  3 - Newspaper Advertising.pdf