www.mymanatee.org
Bradenton Area Convention Center One Haben Boulevard, Palmetto 9:00 a.m.
August 13, 2020 Planning Commission
Agenda Item #2


Subject
LDCT-20-05/Ordinance 20-33 Land Development Code Amendment Conservation Easement PLN2005-0057 - Legislative - William Clague, Chief Assistant County Attorney

Briefings
None

Contact and/or Presenter Information

Presenter: William Clague, Chief Assistant County Attorney, 941-748-4501 ext. 3750

Contact: Bobbi Roy, Senior Planning and Zoning Technician, 941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

Based upon the staff report, evidence presented, comments made at the Public Hearing, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and in accordance with Section 341 of the Land Development Code, I move to recommend ADOPTION of Ordinance 20-33, amending the Manatee County Code of Ordinances, as recommended by staff.



Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code



Background Discussion
  • Section 706.8.B of the Land Development Code requires conservation easements over post-development wetlands and wetland buffers. As currently written, LDC Section 706.8.B requires such conservation easements in all cases, regardless of whether development includes impacts to the environment, and regardless of whether the amount of environmental impacts are roughly proportional to the amount of wetlands and/or wetland buffers to be included within a conservation easement. Because this is not consistent with court decisions regarding exactions, The County Attorney's Office recommends that LDC Section 706.8.B be amended.
  • To be consistent with court decision, Land Development Section 706.8.B will be amended to require post-development conservation easements if and only if the County makes an individualized determination of rough proportionality of (i) the needed conservation area and (ii) the environmental impacts generated by the applicant's project, based upon the environmental impact analysis.
  • Staff recommends approval. 


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

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:  Staff Report - LDC Amendment Conservation Easements LDCT-20-05 - Ordinance 20-33 PLN2005-0057.pdf
Attachment:  1 - Newspaper Advertising.pdf
Attachment:  2 - Ordinance 20-33 LDC Amendment re Conservation Easements v1.pdf