Manatee County Government Administrative Center First Floor, Chambers February 5, 2015 9:00 am to be recessed to 10:00 am
February 5, 2015 Land Use Meeting
Agenda Item #9

PDR-05-64(Z)(G)(R) - Martin/Hillwood and Recommendation of Special Magistrate

Briefing Provided Upon Request

Contact and/or Presenter Information

Contact and Presenter:

   Robert Schmitt, AICP, Development Services Division     Manager    & County Zoning Official

   941-748-4501 ext. 6836

   Sarah Schenk, Assistant County Attorney

   941-748-4501 ext. 3750


   Bobbi Roy, Planning Coordinator

   941-748-4501 ext. 6878

Action Requested


Based upon the Recommendation of the Special Magistrate, the staff report, evidence presented, comments made at the public hearing, and finding the request to rezone certain real property and the Revised General Development Plan to be CONSISTENT with the Manatee County Comprehensive Plan and the Manatee County Land Development Code, as conditioned herein, I move to adopt Manatee County Zoning Ordinance PDR-05-65(Z)(G)(R); APPROVE the Revised General Development Plan with Stipulations; and Grant Special Approval for a project exceeding one dwelling unit per acre in the UF-3 Future Land Use Category, as recommended by Staff and the Special Magistrate.


I move to reject the Recommendation of the Special Magistrate and deny adoption of Ordinance No. PDR-05-64(Z)(G)(R).

Enabling/Regulating Authority

Section 70.51, Florida Statutes, (2014),

Section 2-25-30 through 2-25-44, Manatee County Code.


Background Discussion
• On September 5, 2013, the Board voted 5 to 2 to deny adoption of proposed Ordinance No. PDR-05-64(Z)(G) regarding a request filed by Mary Jane Martin Smith and Richard I. Martin (the “Applicants” ) to rezone 77.9 +/- acres (the “Property”) from the  A (General Agriculture) Zone District to the PDR (Planned Development Residential) Zone District and to deny approval of a General Development Plan for 195 single-family detached residential dwelling units. The property was generally located on the north side of Waterline Road, 1.8 miles east of Rye Road, at 17145 Waterline Road.
• On October 7, 2013, the Applicants, through their legal counsel  filed a timely Request for Relief pursuant to Section 70.51, Florida Statues (2014), thus requiring the County to hold a public dispute resolution process before a Special Magistrate.
• Gary H. Larsen, as Special Magistrate, held dispute resolution proceedings with due public  notice on  January 14, 2014, May 12, 2014 and December 12, 2014. The citizens who submitted written requests to participant were provided notice and participated at all of the sessions.
• In the first phase of the dispute resolution process known as the “Mediation Phase”, the Applicants submitted a Revised General Development Plan. The Applicants and the County were unable to reach a mutually agreeable settlement agreement.
• The Applicants’ through their legal counsel filed a written request on October 24, 2014 that the mediation portion of the proceedings be terminated and the “Testimony Phase” be commenced to receive testimony, consider the facts and positions of all parties, and render a recommended order on whether the action of the County in denying the applications was unreasonable or unfairly burdened the Property. 
• On January 13, 2015 the Special Magistrate rendered a Recommendation to the Board of County Commissioners to approve the rezone to the PDR (Planned Development Residential) Zone District and to approve the Revised General Development Plan.
• The Board of County Commissioners has before it on February 5, 2015 the Recommendation of the Special Magistrate, the proposed zoning Ordinance and Revised General Development Plan for approval or denial. 
• There is currently pending a Petition for Writ of Certiorari in Circuit Court (Case No. 2013-CA-01) which has been placed in abeyance pending the outcome of this dispute resolution proceeding.
• In the event the Zoning Ordinance is  denied adoption,  the County will be required to issue a Statement  of Allowable Uses on the Property under the existing A (General Agriculture) Zone District.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk provided information and Ordinance.

Reviewing Attorney

Instructions to Board Records
Please forward a copy of the executed document and Letter from the Florida Department of State to bobbi.roy@mymanatee.org

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Martin Hillwood Special Magistrate Recommendations.pdf
Attachment:  Martin Hillwood. ordinance 2015.pdf
Attachment:  Revised General Development Plan - Martin Hillwood - PDR-05-64(Z)(G)(R).pdf
Attachment:  Agenda Memo from Previous Hearing - Martin Hillwood - PDR-05-64(Z)(G) - 9-5-13.pdf
Attachment:  Previous Staff Report - Martin Hillwood - PDR-05-64(Z)(G) - fka PDR-05-64(Z)(P) - from 9-5-13 BC.pdf
Attachment:  Copy of Newspaper Advertising - PDR-05-64(Z)(G)(R) - Martin Hillwood - Bradenton Herald.pdf
Attachment:  Copy of Newspaper Advertising - PDR-05-64(Z)(G)(R) - Martin Hillwood - Sarsota Herald Tribune.pdf