www.mymanatee.org
Bradenton Area Convention Center 1 Haben Boulevard Palmetto, FL 1:30 PM - August 6, 2013
REVISED August 6, 2013 - Afternoon Segment - Special Land Use Meeting
Agenda Item #3


Subject
PA-13-06 (Proposed Ordinance 13-23) - County Wide Text Amendments - DTS20130183 - Shelley Hamilton - Continued from June 6, 2013

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Shelley Hamilton

Principal 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, the State Comprehensive Plan as codified in Chapter 187.201 of the 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, 200 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. Additionally, the Planning Commission amended the criteria listed in the proposed language for Policy 3.3.2.11 and Policy 4.2.1.7 from "...mixed use projects of not less than one hundred(100) acres…” to “…mixed use projects of not less than two hundred (200) acres…” Staff is not in agreement with the Planning Commission's recommendation.
  • Due to weather conditions, on June 6, 2013, by a vote of 7 – 0, the Board of County Commissioners continue the public hearing to August 6, 2013 at 9:00 a.m., or as soon thereafter as same may be heard at the Manatee County Government Administrative Center, 1st Floor Chambers.
  • A summary of public comments from the June 6, 2013 Board of County Commissioners public hearing is in the staff report attached to this memo.
  • Due to the large crowd expected this item has been moved to the Bradenton Area Convention Center on August 6, 2013 at 1:30 pm and has been readvertised with the current information.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Comments available from Sarah Schenk.

Reviewing Attorney
N/A

Instructions to Board Records
If approved, please forward original letter to Bobbi Roy / Building and Development Services Department. Letter to be provided at the close of the hearing.

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 - 8-6-13 BC.pdf
Attachment:  Attachment 1 and 2 to staff report (Element 3 and 4) - County Wide Area Text Amendment - PA-13-06 - 8-6-13 BC.pdf
Attachment:  Copy of Newspaper Advertising - County Wide Area Text Amendment - PA-13-06 - 8-6-13 BC.pdf
Attachment:  Public Comments for 8-6-13 Packets both amendments.pdf
Attachment:  Slideshow - Planner - County Wide Area Text Amendment - PA-13-06 - 8-6-13 BC.pdf