Manatee County Government Administrative Center Commission Chambers, First Floor June 4, 2015 - 6:00 p.m.
June 4, 2015 - Evening Land Use Meeting
Agenda Item #1

Ordinance 15-17 - Amended and Restated Land Development Code for Manatee County - Legislative - Patricia Tyjeski, Littlejohn Consultants


Contact and/or Presenter Information


   Patricia Tykeski, Littlejohn Consultants



   Lisa Barrett, Planning Manager,

   Building and Development Services 941-748-4501 ext. 6884

   John Osborne, Planning Official

   Building and Development Services 941-748-4501 ext. 6825

   Bobbi Roy, Planning Coordinator

   Building and Development Services 941-748-4501 ext. 6878

Action Requested


1) Amended and Restated Land Development Code:

Based upon the staff report, evidence presented, comments made at the two (2) adoption public hearings on May 7, 2015 and June 4, 2015, the recommendation of the Planning Commission, and finding the proposed Restated Land Development Code to be CONSISTENT with the Manatee County Comprehensive Plan, I move to adopt Ordinance No. 15-17, as recommended by the Planning Commission.

2) Schedule to maintain consistency with the Comprehensive Plan

I move to adopt the schedule entered into the public hearing record on June 4, 2015 for the adoption public hearing on Ordinance No. 15-17, to maintain consistency with the Comprehensive Plan, in accordance with Section 163.3194, Florida Statutes.

Hard copies of the recommended motion will be provided at the hearing.

Enabling/Regulating Authority

Section 163.3202, Florida Statutes

Manatee County Comprehensive Plan

Background Discussion

• The current Manatee County Land Development Code (LDC) was adopted on July 25, 1990. The Land Development Code is enacted pursuant to Section 163.3202 of the Florida Statutes and its purpose is to implement the Comprehensive Plan of the County.
• Since 1990, the LDC has only been updated incrementally, never reviewed and updated holistically.  The current LDC is very large (900+ pages) and cumbersome to use and implement. Many subjects and key regulatory information are not logically organized. • Staff recommends updating the LDC to bring it up-to-date with current policy, trends, and changes that have been made within Manatee County over the last few decades. 
• Given the size and complex nature of the document, it was decided that a phased approach to the changes would make the update easier to understand.
• The first phase is considered a major “housecleaning” primarily targeted at reorganizing and better clarifying the language and regulations in the LDC.
• This first phase includes taking language out of the LDC that is not specifically zoning or land use related and moving it into a Public Works Manual or into a Property Maintenance Code. 

o The proposed Public Works Manual will be heard by the Board of County Commission for final action at the same hearing as the LDC Update (Ord. 15-17). 
o The Property Maintenance Code was approved by the Board of County Commission on April 2nd, 2015.

• To help assist staff with the LDC update, Manatee County retained Littlejohn Engineering Associates in March 2011.  Littlejohn staff are experienced experts in Land Development Code creation, updates and rewrites.
• In March 2014, Littlejohn and County Staff conducted a multi-day work-session with the Board of County Commission and the Planning Commission to discuss the proposed changes to the LDC.  Littlejohn, County Staff, and Board members reviewed the proposed edits for Phase I and identified revisions that were better suited to be dealt with in Phase II or future phases of the LDC rewrite.  As already stated, Phase I is mainly a clean-up of the LDC and the more substantive changes will occur with later phases.
• Phase I update consists of major “housecleaning” items, including:

o Reorganization (moved, consolidated, deleted repetitive language).
o Deletion of some titles and added others for consistency purposes.
o Updating LDC cross-references.  Deleted cross-references where deemed unnecessary. Generalized where possible to avoid ending up with wrong cross-references in the future (e.g. as required in Chapter 5, instead of as required in Section 504.3.2).
o Updating cross-references to Florida Statutes, Florida Administrative Code, and other documents.
o References to departments and staff changed to “Department Director”, which is defined as County Administrator designee.
o Made modifications to reflect current practice.

• Future changes to both the LDC and Comprehensive Plan are envisioned.  Those changes are likely to be more substantive and complex, likely to be processed by subject matter at future public hearings.  In compliance with Florida Statute Section 163.3194, a schedule of future changes to maintain consistency between the LDC and Comp Plan must also be adopted by the Board at this hearing. 
o The goals, objectives and polices of the Comprehensive Plan are to be implemented, in part by the adoption of land development regulations which are consistent with the Comprehensive Plan. See Section C.1.2.3, General Introduction, Comprehensive Plan.

To the extent the Land Development Code is or becomes inconsistent with the Comprehensive Plan, the Comprehensive Plan or LDC, or both, will be amended to maintain consistency with the Comprehensive Plan, in accordance with Section 163.3194, Florida Statutes.
o The general parameters of a schedule to maintain such consistency are hereby made part of the public hearing record of the adoption public hearing for Ordinance No. 15-17.
• The following documents are included in this agenda as attachments:
1. Staff Report
2. Memo – Summary of Changes from Littlejohn Consultants
3. Ordinance 15-17
4. Exhibit A-1 to Ord-15-17, Chapter 1 – General Provisions
5. Exhibit A-2 to Ord-15-17, Chapter 2 – Definitions
6. Exhibit A-3 to Ord-15-17, Chapter 3 – Review Authority and Procedures
7. Exhibit A-4 to Ord-15-17, Chapter 4 – Zoning
8. Exhibit A-5 to Ord-15-17, Chapter 5 – Standards for Accessory and Specific Uses and Structures
9. Exhibit A-6 to Ord-15-17, Chapter 6 – Signs
10. Exhibit A-7 to Ord-15-17, Chapter 7 – Environmental and Cultural Resource Protection
11. Exhibit A-8 to Ord-15-17, Chapter 8 – Engineering Design and Utilities
12. Exhibit A-9 to Ord-15-17, Chapter 9 – Design Guidelines
13. Exhibit A-10 to Ord-15-17, Chapter 10 – Transportation Management
14. Exhibit A-11 to Ord-15-17, Chapter 11 – Impact Fees
15. Index Sorted by Old Numbering
16. Legend for Strike-thru/underline changes
17. Strike-thru/underline of all chapters  
18. Schedule For Maintaining Consistency Between the LDC and the Provisions of the Comprehensive Plan 

• Staff recommends approval of the revisions as proposed.
• On April 9, 2015, by a vote of 5 – 0, the Planning Commission recommended approval.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

William Clague reviewed and responded by email on February 24, 2015 and March 2, 2015.


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:  Staff Report- Land Development Code Update Phase 1 - Ordinance 15-17 - 6-4-15 BC.pdf
Attachment:  Memo from Littejohn - LDC Update Phase 1 - -06-04-15 BC.pdf
Attachment:  Index by Old Numbering.pdf
Attachment:  Legend for Strike-thru-underline of changes - LDC Update Phase I - 06-04-15 BC.pdf
Attachment:  Ch1_GenProv_v21_COMMENTS.pdf
Attachment:  Ch2_Definitions_v37_COMMENTS.pdf
Attachment:  Ch3_RevAuthProcedures_v78_COMMENTS.pdf
Attachment:  Ch4_Zoning_v64_COMMENTS.pdf
Attachment:  Ch5_AccesSpecUses_v67_COMMENTS.pdf
Attachment:  Ch6_Signs_v16_COMMENTS.pdf
Attachment:  Ch7_EnvCultResProt_v25_COMMENTS.pdf
Attachment:  Ch8_EngrDesUtilities_v57_COMMENTS.pdf
Attachment:  Ch9_DesGuide_v20_COMMENTS.pdf
Attachment:  Ch10_TransMgt_v53_COMMENTS.pdf
Attachment:  Ch11_ImpctFee_v18_COMMENTS.pdf
Attachment:  Ordinance - Land Development Code Update Phase I - Ordinance 15-17 with all exhibit attached - 06-04-15 BC.pdf
Attachment:  Schedule for Maintaining Consistency between LDC and Comp Plan.pdf
Attachment:  Copy of Newspaper Advertising - LDC Update Phase I - Ord. 15-17 - Sarasota Herald Tribune - 6-4-15 BC.pdf
Attachment:  Copy of Newspaper Advertising - LDC Update Phase I - Ord. 15-17 Bradenton Herald - 6-4-15 BC.pdf
Attachment:  Slideshow - Consultant - LDC Update Phase 1 - 6-4-15.pdf