www.mymanatee.org
Manatee County Government Administrative Building First Floor, Commission Chambers June 2, 2016 - 9:00 a.m.
REVISED June 2, 2016 - Land Use Meeting
Agenda Item #14


Subject
Proposed Settlement Agreement; IN RE: Lake Lincoln, LLC v. Manatee County; Case No. 2012-CA-3483

Briefings
All

Contact and/or Presenter Information

Sarah A. Schenk, Assistant County Attorney, Ext. 3750 
Christopher M. De Carlo, Assistant County Attorney, Ext. 3750   



Action Requested

Consideration and rejection of the proposed Settlement Agreement presented by Plaintiff, Lake Lincoln, LLC.



Enabling/Regulating Authority

Florida Statute 125.01

Florida Statute 70.001 (the Bert J. Harris, Jr., Private Property Rights Protection Act; the "Harris Act").



Background Discussion

On May 23, 2012, Lake Lincoln, LLC filed a Complaint, as later amended on April 14, 2015, in the Circuit Court for the Twelfth Judicial Circuit in and for Manatee County, Florida alleging a claim under the Bert J. Harris, Jr., Private Property Rights Protection Act, §70.001, Fla. Stat., (the "Harris Act"), in addition to other claims relating to property rights.  The Plaintiff's allegations relate to the amendments initiated by Lake Lincoln, LLC to the Tara Development of Regional Impact Ordinance No. 10-50 (the "Tara DRI") and to Ordinance No. PDR/PDC 96-03(Z)(G)(R9) (the "Tara Zoning Ordinance"). 

In the April 14, 2015 Amended Complaint, Plaintiff challenged: (a) the denial of the creation of a new Sub-phase III-BB within the Tara DRI, and (b) the denial of a rezone to the 3.32 acre Sub-phase III-BB within a 10.32 acre parcel from the Planned Development Residential (PDR) zone district to the Planned Development Commercial (PDC) district along with the companion amendments to the Map H for Ordinance 10-50 and the General Development Plan for the Tara Zoning Ordinance.

In the attached letter from the attorney for Lake Lincoln, LLC dated May 2, 2016, Lake Lincoln proposes two alternative options for the settlement agreement.

The first option is phrased by Lake Lincoln in the proposed Settlement Agreement as the “Land Use Concession Alternative” and would require the County to hold adoption public hearings on the same amendment to the DRI Development Order and the Zoning Ordinance for the Tara DRI that was previously denied in 2010 along with a modified site plan for commercial uses.

The second option is described by Lake Lincoln in the proposed Settlement Agreement as the “Monetary Payment Alternative” and would be in the amount of $2.4 million.

Both the first and second option require the County to incur expenses to pay Lake Lincoln’s attorney’s fees, professional fees and costs.


The proposed Settlement Agreement requires either approval or rejection by the Board of County Commissioners. Though the Board's approval or rejection need not occur in a noticed public hearing, the action to approve or reject is subject to the requirement to allow public comments pursuant to Florida Statute 286.0114.

 

The County Attorney's Office recommends that the Board reject the proposed Settlement Agreement.

 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.  See attached proposed Settlement Agreement and exhibits.

Reviewing Attorney
Palmer

Instructions to Board Records

Please return one fully approved electronic original, and one fully approved hard copy original of this agenda item to: sarah.schenk@mymanatee.org and christopher.decarlo@mymanatee.org.

Thank you.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  CooperLetter.pdf
Attachment:  Agreement w exhibits.pdf
Attachment:  CSP2.pdf
Attachment:  Agnelli Commissioner Ltr 5-13-16.pdf