Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 am - September 3, 2015
September 3, 2015 - Land Use Meeting
Agenda Item #2



Contact and/or Presenter Information
Sarah A. Schenk, Assistant County Attorney, Ext. 3750

Action Requested
I move to approve the written amended settlement offer and written amended statement of allowable uses presented by the County Attorney’s Office, and to authorize execution of same by the County Attorney and County Planning Official, respectively.

Enabling/Regulating Authority
The Bert J. Harris, Jr. Private Property Rights Protection Act, Florida Statutes § 70.001, (the "Bert J. Harris Act" or “Act”).

Background Discussion

At the Board meeting on October 7, 2010, the Board adopted Ordinance No. 10-50 and the Tara DRI Zoning Ordinance approving in part Lake Lincoln’s requested development approvals for the remainder of the 1,120± acres of the Tara DRI and denied the rezone request for the Component Parcel.

On April 7, 2011, Manatee County received a Notice of claim (the “Claim”), on behalf of Lake Lincoln LLC (the “Lake Lincoln”), pursuant to the Bert J. Harris, Jr. Private Property Rights Protection Act, Florida Statutes § 70.001, (the Bert J. Harris Act”) or “Act”).

The Claim relates to Lake Lincoln’s proposed rezoning of 3.32 acres from Planned Development Residential (PDR) without entitlements to Planned Development Commercial (with entitlements) hereinafter called the “Component Parcel.”  The subject site is located at the southwest corner of Tara Boulevard and State Road 70 within the boundaries of the Tara Development of Regional Impact (the “Tara DRI”).

On September 6, 2011, the Board authorized execution of a Ripeness Decision (now known as Statement of Allowable Uses) and a Settlement Offer, both with the result of “no change to the action of the Board of County Commissioners” referring to the denial of the rezone of the 3.32 acre parcel to  the Planned Development Commercial (PDC) zone.

Litigation has been on-going, and on April 14, 2015, Lake Lincoln filed an Amended Complaint in the pending litigation to increase the size of the Component Parcel from 3.32± acres to 10.32± acres for purposes of their Claim (the “Amended Claim”). 

The pending Claim as amended is in the amount of $1,982,000.00, plus attorneys’ fees and costs, under the Act for the Component Parcel.

The Act requires the County to respond to the Amended Claim with a “written settlement offer” and a “written statement of allowable uses” reflecting the Amended Claim.  The Amended Settlement Offer and Amended Statement of Allowable Uses will be subject to judicial review in the pending litigation. 

The CAO has prepared the Amended Settlement Offer, and has worked in conjunction with the County’s Planning Official, John Osborne and the County’s Planning Manager Joel Christian, to prepare the Amended Statement of Allowable Uses.

A.    Amended Settlement Offer:  The Bert J. Harris Act allows the County to consider various alternatives to allow some development within the Tara DRI as a whole (1,124.21 ± acres) even though the County maintains its position of “no change to the BOCC action of October 7, 2010” regarding the Component Parcel.  The Amended Settlement Offer reflects the County’s original decision to deny the rezone of the Component Parcel. It also points out alternatives envisioned by the Act such as addressing the issues on a more comprehensive basis than a single proposed use or development.  Therefore, although the document is styled as an “Amended Settlement Offer” as required by the Act, it does not offer any change to the zoning of the Component Parcel, and focuses on the approved entitlements for the Tara DRI as a whole (1,124.21± acres).  

B.    Amended Statement of Allowable Uses: The Act requires the County to “issue a written statement of allowable uses identifying the allowable uses to which the subject property may be put.”  This requires the County to provide a written explanation of the allowable uses on the property in light of the applicable standards under the Comprehensive Plan and Land Development Code (“Code”).  As required by the Bert J. Harris Act, the written statement of allowable uses reflects the uses that are, in staff’s view, realistically available for the property in light of the property’s unique characteristics as a development of regional impact and the applicable standards of the Comprehensive Plan and Code.  It does not constitute a development order for the property, or otherwise result in an approval of development on the property.  The allowable uses within the Tara DRI as a whole include residential development and commercial uses that, in staff’s view, would meet or exceed the residential or commercial entitlements requested in 2010 for the Component Parcel.

Both the Amended Settlement Offer and the Amended Statement of Allowable Uses require approval by the Board. The Board’s approval need not occur in a noticed public hearing, but is subject to the requirements to allow public comments pursuant to Florida Statutes § 286.0114.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Based on an analysis of the merits of Lake Lincoln’s Amended Claim, the CAO recommends the Board approve the Amended Settlement Offer and the Amended Statement of Allowable Uses, and authorize the execution by the County Attorney and County Planning Official, respectively. 

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Amended Statement of Allowabe Uses_Ltr to M Cooper_09.03.2015.pdf
Attachment:  Lake Lincoln Amended Settlement Offer_08.24.2015.pdf
Attachment:  Tara Phases - aerial.pdf
Attachment:  Tara Phases - ZOOM proffered_landscape.pdf