Manatee County Government Administrative Building First Floor, Chambers September 1, 2016 - 9:00 am
September 1, 2016 - Land Use Meeting
Agenda Item #10

LDCT-16-01/Ordinance 16-02 - Land Development Code Amendment - Historic Preservation - Legislative - Kathleen Thompson, AICP

Briefing Provided Upon Request

Contact and/or Presenter Information


   Kathleen Thompson, AICP, Planning Manager,

   941-748-4501 ext. 6841


   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878

Action Requested


Based upon the staff report, evidence presented, comments made at the Public Hearing, the action of the Planning Commission, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and the requirements for text amendments in Section 341.2 in the Land Development Code, I move to ADOPT of Manatee County Ordinance 16-02, amending the Manatee County Land Development Code, (Ordinance 15-17, as amended), as recommended by the Planning Commission.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• As a Certified Local Government (CLG), the Historic Preservation Board (HPB) is authorized to decide variance requests pertaining to floodplain elevation of structures within historic designated areas. However, several references to that fact did not get amended in the Land Development Code. This amendment will correct that oversight.

• Section 710 Historic Landmark Designation of the Land Development Code was created as part of becoming a Certified Local Government. However, to designate a site a local historic landmark, language in this section also required the site to be listed in the National Register of Historic Places. It is not likely a locally designated historic landmark would qualify for listing in the National Register. Staff is requesting the reference to listing in the National Register of Historic Places be deleted where appropriate.

• As a Certified Local Government, a minimum of four (4) meetings a year are required. Current LDC language requires one meeting every three months. This schedule is not always conducive when an applicant needs HPB approval for a project. Staff is recommending the language be revised to read “four meetings annually”.  This will meet CLG requirements and allow for flexibility in the meeting schedule.

• The Land Development Code currently requires an Historic Preservation Board meeting notice, as well as the agenda, be advertised in a local newspaper 30 days prior to the meeting. The State requires the 30 day notice of a scheduled meeting and that notice is provided through email. The actual advertisement requirement is the same as other publicly advertised hearings – ten days prior to the date of the public hearing. Staff is recommending the language be amended to follow current advertising procedures.

• The LDC does not appear to require a Certificate of Appropriateness (COA) for properties listed on the National Register of Historic Places (NRHP). To achieve listing in the NRHP, the property must have historic significance. As a Certified Local Government, it is important to review any proposed alterations, renovations, restorations or demolition of such properties. Staff is recommending NRHP properties – listed after January 1st, 2017 - require a COA to provide some level of review and protection for those sites.

• The Land Development Code was amended and restated in June 2015 so there are new section numbers related to the Historic Preservation Program. Several historic preservation sections were omitted from the reinstated Land Development Code. This amendment will incorporate the missing sections. Also included in this amendment is Type of Review which lists what improvements can be approved administratively or require approval by the Historic Preservation Board.

• On July 14, 2016, by a vote of 7 – 0, the Planning Commission recommended approval.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by email to Matter #2016-0390 on May 10, 2016.

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 - LDC Historic Preservation - LDCT-16-01 - Ord. 16-02.pdf
Attachment:  Newspaper Advertising.pdf
Attachment:  Ordinance 16-02 - LDC Amendment Historic Preservation.pdf