Manatee County leaders are trying to roll back changes over the past few years that will allow local development to spread further east.
At a recent land use conference, the commissioner voted to cancel a comprehensive planning amendment for 2021 that would allow builders to build thousands of new homes east of the county’s Future Development Area Boundary (FDAB).
But like the county’s recent efforts to restore local wetland protection, commissioners may be in the fight against the interests of state officials and developers.
Ed Vogler, a commercial and land use lawyer representing local developers, submitted last-minute letters on behalf of several clients against the rules change. One of these clients, Sioux Investment Partners LLC, is managed by the Neal community of developer Pat Neal.
“We argue (alleges) that the amendment is a more restrictive or burdensome revision to the comprehensive plan, and that adoption is premature and violates applicable state law,” the Vogler’s letter states.
His letter quotes language from Florida law known as Senate Bill 250. The law prohibits 10 Hurricane Ian affected counties, including manatees, from passing “more restrictive or burdensome” development rules until October 2026.
Four state agencies opposed efforts to restore Manatee County wetland buffer cited the same law. Currently, these agencies can also confirm proposed changes to development boundary rules and may oppose it for the same reasons.
Despite that possibility, the commissioner voted 6-0 to approve the rules change and sent it to the state for review.
Before the vote, Commissioner Tal Siddique and Carol Ann Felts tore a copy of Vogler’s letter.
“FDAB isn’t just about a few lines that we draw on the map,” Siddiq said. “It’s the most financially conservative approach that needs to not only ensure responsible growth, but also ensure responsible financial management for the county. It’s clear that moving this line will allow more developments to approve negative impacts not only to approve the community as a whole, but to pay this to taxpayers.”
The committee tries to roll back controversial development rules
Before the 2021 regulations were changed, new housing developments were strictly limited to parts of FDAB’s western counties. The north-south boundary runs almost parallel to the western edge of Lake Manatee. It follows Boneside Boulevard between State Road 64 and University Parkway.
The boundary was designed to prevent urban sprawls and preserve the land east for agricultural use until at least 2040.
However, changes to the rules allow for developed areas that begin to spill to the east when touching the western edge of the boundary. Furthermore, new developments could spread eastward as long as they link to existing developments.
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“Technically, there is a possibility that developments can be approved across the county under this policy,” said Elizabeth Schulman, senior planner for the Manatee County Government.
The change is unpopular with many residents who argue that Manatee County’s infrastructure cannot keep up with all new homes. Other residents are concerned about protecting the rural character of East Manatee County.
The developers who fought for rules change described it as “smart growth” and argued it was a benefit to the county as builders would have to pay for new infrastructure needs beyond FDAB.
What happens next?
A final adoption vote for the FDAB revision is scheduled for the June 19th Land Use Conference. However, state officials will have the opportunity to comment on changes to the rules first.
Amendments to the bill passed by state lawmakers at the end of this year’s legislative meeting could further hinder Manatee County’s efforts to curb development. Part of Senate Bill 180 prohibits the statewide from passing stricter development rules until October 2027.
Local government advocates and the Environment Group are petitioning lawmakers to remove these restrictions from the bill before they are sent to Gov. Ron DeSantis.
“SB 180 opens the door to unconfirmed development at the expense of public safety, rather than for the community to adapt and defend itself,” Suncoast Waterkeeper said in a post about the bill.
“It raises urgent questions. Who will really benefit from this bill? Are you a Floridian or a developer?” the organization asked.
