Manatee County Government Administrative Center 1112 Manatee Avenue West First Floor, Commission Chambers, 9:00 A.M.
REVISED - February 13, 2014 Planning Commission
Agenda Item #4

Ordinance 14-13 - Land Development Code Amendment - Right of Way - Legislative - William Clague


Contact and/or Presenter Information

William Clague

Deputy County Attorney

941-748-4501, ext. 3750


Action Requested


I move to recommend that the Board of County Commissioners adopt Ordinance No. 14-13, amending Sections 722.1.3, 807.4 and 809.2 of the Manatee County Land Development Code as consistent with the Manatee County Comprehensive Plan.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

The CAO has recommended that the Board amend Sections 722.1.3, 807.4 and 809.2 of the Land Development Code to comply with recent developments in case law decisions of the Florida and Federal Courts.  The CAO has prepared a draft Ordinance No. 14-13.  The Ordinance provides for the following changes:

1.  Change the County's right-of-way preservation program from a "dedication" to a "reservation" (or "setback") system except in cases where dedication is supported by a traffic impact analysis; and

2.  Change the way the County determines site-related v. non-site related improvements for roads to be consistent with all other infrastructure improvements.

The recently approved settlement agreement between the County and Medallion Homes requires that the CAO present these amendments to the Board with our recommendation of adoption (though it does not legally bind the Board to adopt the amendments) no later than the end of March, 2014.  In keeping with that agreement, we will present the ordinance to the Planning Commission during its February regular meeting, and present it to the Board in two public hearings shortly thereafter.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Ordinance prepared by: William Clague

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Section 722.1.3 Right-of-Way Final for PC.pdf
Attachment:  Copy of Newspaper Adv - Ord 14-13 - Land Development Code Amend - Right of Way - 02-13-14PC.pdf