County sticks by Tara land-use decision

TARA — Manatee County officials are standing by an earlier decision to prevent further development at the entrance to the Tara community.

The Manatee County Board of County Commissioners Aug. 4 unanimously voted to reject a request by Tara’s developer, Lake Lincoln LLC, to be paid about $1.9 million for a 10.3-acre parcel at the southwest intersection of Interstate 75 and Tara Boulevard in exchange for a 45-acre preserve near Jiggs Landing or to have the ability to develop commercial uses on the subject property.

Commissioners had voted in October 2010 against allowing Lake Lincoln to develop on the parcel, which is called Sub-phase III-BB, although the board approved for the entity to build more commercial spaces in the Twelve Oaks Plaza, east of Tara Boulevard, at the same meeting. Lake Lincoln now is seeking compensation for lost entitlements to Sub-phase III-BB, specifically, under the Bert J. Harris Jr. Private Property Rights Protection Act, which provides for property owners to be compensated if they can demonstrate a government action “inordinately burdens” their property.

Deputy County Attorney Sarah Schenk declined further comment on the county’s position but said the case is ongoing.

“There’s going to be more paperwork on this claim,” Schenk said. “It’s going to take several years to resolve.”

Tara Master Association President Bob Dallesandro said residents would continue to monitor the case.
“We’re pleased the county is sticking by its original decision,” Dallesandro said.

Manatee officials originally voted on Lake Lincoln’s request Oct. 7, 2010, at which time the board denied the rezone of Sub-phase III-BB to a planned development commercial zone district because of site’s limited access and impact to wetlands, among other concerns raised by residents.

The county received a claim under the Bert Harris Act April 7, and a follow-up letter, reiterating the request, was received on June 17.

Contact Pam Eubanks at [email protected].

LETTER
The board approved a letter to James D. Dye, the attorney handling the claim.

“Dear Mr. Dye,

The Board of County Commissioners considered your offer of settlement in the attached letter, dated June 15, 2011, regarding the pending Notice of Claim under the Bert J. Harris, Jr. Private Property Rights Protection Act. The Notice of Claim pertains to the 10.32 acres generally located at the southwest corner of the intersection of S.R. 70 and Tara Boulevard.

This letter is to formally notify you that the Board of County Commissioners voted to reject the settlement offer contained in the attached letter on Aug. 4, 2011.

The county will subsequently provide a timely response under Section 70.001, Florida Statutes, to Lake Lincoln, LLC regarding the required written settlement offer and ripeness decision within the one hundred eighty (180) day notice.”

IN OTHER BUSINESS

The Manatee County Board of County Commissioners:

• Continued to Sept. 1 a public hearing for the approval of a local development agreement for issuance of a five-year certificate level of service for Summer Woods, a 562-home development slated for a 268-acre site at 2955 53rd Ave. E., Bradenton.

• Approved the rezoning of about 13 acres at 1450 Upper Manatee River Road from general agriculture to general commercial. The property is on the west side of Upper Manatee River road, north of its intersection with State Road 64.