www.mymanatee.org
Bradenton Area Convention Center One Haben Boulevard, Palmetto 9:00 a.m.
August 13, 2020 Planning Commission
Agenda Item #3


Subject
LDCT-20-06/Ordinance 20-34 - Land Development Code Amendment Requirements for Enforcement/Appeals/Schedule of Uses - 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 20-34, 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
  • Sections 106.3.A, 370 and 402.5 of the Land Development Code includes language that requires clarification or is otherwise inconsistent with other provisions of the LDC. The County Attorney's Office has recommended amendments to these sections to clarify them.
  • Land Development Code Section 106.3.A will be amended to clarify that it does not authorize lawsuits by third parties against the County to require the County to enforce and Land Development Code. This is consistent with intent of Section 106.3.A and court decisions.
  • Land Development Code Section 370 will be amended to clarify that "any aggrieved person" may file an appeal of an administrative decision under the LDC. This is consistent with the intent of Section 370 and the historical interpretation of this Section by County staff.
  • Land Development Code Section 402.5 will be amended to authorize interpretations of uses in planned development districts in the same manner as interpretations of uses in "straight zoning" district. This is consistent with the intent of Section 402.5 and the historical interpretation of this Section by County Staff.
  • Staff recommends adoption.


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 - Land Development Code Amendment Braden Woods Decision LDCT-20-06-Ordinance 20-34 PLN2005-0058.pdf
Attachment:  1 - Newspaper Advertising.pdf
Attachment:  2 - LDC Amendment re Braden Woods Decision v2 lkb.pdf