Robinson Farms Zoning Ordinance Challenged; Administrative Hearing Will Decide Its Fate

MANATEE--The Robinson Farms zoning ordinance which was ultimately approved by the BCC last October after then Commissioner Gwen Brown changed her vote in a second motion, has been challenged by a petition and will be assigned to an administrative law judge for a hearing. This new development according to an email sent to county commissioners from the county attorney’s office.

County Chief Deputy Attorney Jim Minix

”The filing of an administrative challenge has the legal effect of preventing the amendment to the Comprehensive Plan from becoming effective“, according to the email from the CAO. Judge Donald Alexander has been assigned to preside at the DOAH hearing. He also presided at DOAH hearing on the biomass plant in July, 2010 in which he recommended approval of the land use change to allow the plant at US 41 and Armstrong Road despite a neighboring property owner’s petition.

As the Bradenton Times reported last week, Manatee County Chief Deputy Attorney Jim Minix said his office received ”an unsigned petition for an administrative hearing in the Robinson Farms Comp Plan matter.“ That petition was also sent to each of the commissioners via email, according to Mr. Minix.

On December 3, 2010, the Department of Community Affairs issued a notice of intent to find the amendment to change the zoning on the Robinson Farms parcels of land, located between 9th Avenue NW and 17th Avenue NW near Palma Sola, to be compliant with state law. The DCA allows a 21 day window for any challenges to the issue of intent and that challenge has been made through petition.

The Robinson Farms ordinance would change the zoning designation from RES-1 (one residential dwelling unit per gross acre) to RES-3 (three residential dwelling units per gross acre).

Depending on Judge Alexander’s ruling, the zoning ordinance could be brought back to the Board of County Commissioners for reconsideration.