§ D. Public participation.

In order to effectuate appropriate public participation during any comprehensive plan amendment, Manatee County shall utilize the following adopted Public Participation Procedures consistent with the requirements of § 163.3181, F.S.

D.1.

Purpose of Public Participation Procedures. Section 163.3181, F.S, requires the adoption of a public participation program to provide effective public participation in the comprehensive planning process, and to provide real property owners with notice of all official actions which will regulate the use of their property.

As utilized throughout this section, "Amendment" of the Comprehensive Plan shall mean those changes to the Comprehensive Plan which may be considered, or are proposed or adopted as specified under § 163.3184, F.S.

D.2.

Public Information and Comment.

D.2.1.

Location of Documents and Maps on Proposed Amendments. In keeping with the requirements of state law for the broad dissemination of proposals, to provide for communications programs, to provide for information services, and to release information at regular intervals during the planning process, documents will be published during any plan amendment process and will be located, as follows, for viewing by the public.

(a)

All draft and final Comprehensive Plan or support documents scheduled for discussion or presentation at public workshops or hearings will be provided for public examination at the Manatee County Administration Building and on the County's web page.

(b)

During any plan revision process all draft and final Comprehensive Plan and support documents will also be available at the Manatee County Central Library for public examination.

(c)

Where products are not readily reproduced (e.g., certain maps), a notice shall be placed at the library to inform members of the public that a copy is available at the Manatee County Administration Building for review by the public.

D.2.2.

Presentations and Responses.

D.2.2.1.

Meetings. Each individual or joint meeting of the Planning Commission (PC) and the Board of County Commissioners (BOCC) shall be conducted in a manner so as to constitute a presentation of the alternatives, recommendations, and proposals being considered in the plan amendment process to the general public.

Whereas the opportunity for public comment at any workshop of the Planning Commission and the Board of County Commissioners may be provided at the discretion of the Planning Commission and the Board of County Commissioners, the public shall be permitted to address the Planning Commission and the Board of County Commissioners at public hearings held by these bodies. However, whether or not the opportunity is provided for public comment at a meeting or workshop, County staff shall be available at all workshops/meetings to record and provide informal responses to public comments, inquiries or requests, including any proposals or objections. For any plan revision, an official record of public comments, inquiries, or requests may be made at the request of the party making such recommendation of comment, using forms provided by Manatee County for that purpose. An official response to each such public comment, request or inquiry may also be recorded on the form.

D.2.2.2.

Personal. During the course of any plan amendment process, any person representing him or herself, or representing a property owner or organization in Manatee County may present comments, requests, or inquiries through County staff. This opportunity for personal comment and requests from members of the public outside of scheduled workshops and hearings is provided to facilitate the receipt and consideration of written comments from the public, and to facilitate the County's response to such comments.

D.2.3.

Format for Public Inquiries, Comments, and Requests.

D.2.3.1.

Methods. Any interested person may submit an inquiry, comment, or request by written transmittal to:

Manatee County Building and Development Services Department
P.O. Box 1000
1112 Manatee Avenue West
Bradenton, Florida 34206
(or other current address)

D.2.3.2

Official Record. In order to ensure that relevant public comments, requests, and inquiries concerning the comprehensive plan amendment are recorded, considered, and provided a response, a form may be completed by County staff receiving each public comment, and such forms shall constitute an official public record of any such public comments received during the plan revision process. Comments, inquiries, and requests which are presented verbally during public workshops and hearings may also be transcribed onto such forms to constitute a formal record of public comment, and to assure that a response is made to each such comment. However, a person's written transmittal shall remain the principal instrument of public comment.

D.2.3.3.

Official Responses. After due consideration of each relevant public comment, inquiry or request, an official response may be made on the form containing record of the comment, inquiry or request. This response would record the recommended disposition on a public comment or request, or record any action taken to answer a public inquiry. Responses may also be reflected in subsequent proposals, recommended alternatives, publications, verbal answers, or presentations at public meetings.

Whenever appropriate, a summary response may represent the consideration of several comments.

D.3.

Workshops and Hearings.

D.3.1.

Requirements for Public Notice. Various workshops and public hearings are to be conducted during any Comprehensive Plan amendment process, and Manatee County staff will provide appropriate public notice for each such workshop and hearing. For each public workshop or hearing of the Local Planning Agency (LPA) and the Board of County Commissioners (BOCC) on proposed amendments to the Comprehensive Plan, the following procedures for public notice for the workshop or hearing will be followed. Additional public notice procedures may be followed where appropriate.

D.3.1.1.

Optional Public Notice—Local Planning Agency Public Workshops and Board of County Commissioners Public Workshop on Revisions.

To include if noticed:

• Newspaper Advertisements: Shall be published in one (1) or more standard size newspapers of general circulation (see § 163.3164(31), F.S.) in unincorporated Manatee County, of one (1) or more advertisements.

Furthermore, each of the newspaper advertisements shall contain, at a minimum, the following information:

• A statement indicating that the workshop is being held in connection with activities concerning the amendment of the comprehensive plan for unincorporated Manatee County.

• A statement of the date, time and place of the public workshop, and the address and telephone number of the County department to be contacted for additional information, or for submittal of comments for consideration.

• A statement indicating the Commission or Board conducting the public workshop.

Additional information may include a geographic location map indicating any subareas under consideration.

D.3.1.2.

Public Notice—LPA Public Hearings on Plan Amendments to include:

• Mailed Notices to Property Owners: The mailing of notices, when applicable, to all owners of real property located within any area proposed for change on the Future Land Use Map, excluding any property owner submitting the request for amendment of the Map. These notices shall be mailed no later than ten (10) days prior to the hearing date, to the owner identified by reference to the latest available ad valorem tax records. These notices shall include information describing the nature of the proposed change, identifying the public hearing as being conducted by the Local Planning Agency and that such hearing is required by state law, identifying the date and location of the public hearing, and containing an address and telephone number of the appropriate County department to be contacted for additional information, or for submittal of comments for consideration.

• Newspaper Advertisements: Shall be published in one (1) or more newspapers of general circulation [see § 163.3164(3115), F.S.] in unincorporated Manatee County. Advertisements shall be published according to the notice procedures described by § 125.66(4)(b), F.S. The newspaper advertisements shall contain, at a minimum, the following information:

• A headline entitled "Official Actions Affecting or Regulating Use of Real Property in Unincorporated Manatee County," or a similar title.

• A statement indicating that the hearing is being held in connection with activities concerning the amendment of the Comprehensive Plan for unincorporated Manatee County.

• A listing of the address and telephone number of the appropriate County department to be contacted for additional information, or for submittal of comments for consideration.

• The following, or substantially similar, statement: "The Local Planning Agency (Name) of Manatee County, Florida, acting as the Local Planning Agency, proposes to amend the Comprehensive Plan and to change the use of land within the unincorporated area of Manatee County. A public hearing will be held on (date and time) at (meeting place) for consideration and adoption of a recommendation on this proposed change by the LPA."

• Newspaper Advertisements for Small Scale Plan Amendments: Advertisements shall comply with Florida Statutes, as amended.

D.3.1.3.

Public Notice—Board of County Commissioners Public Hearings on Plan Amendments.

To include:

• Mailed Notices for General Purposes: Mailing of notices as described in D.3.1.2) above.

• Newspaper Advertisements [see § 163.3184(31), F.S.]: Publication, in a standard or tabloid size newspaper of general paid circulation in the county, which is published at least five (5) days per week, and is of general interest and readership. Advertisements shall be a width of two (2) columns and a length of ten (10) inches, with the following format, content, and schedule of publication:

• With a headline no smaller than eighteen (18) point entitled, "NOTICE OF LAND USE CHANGE."

• With a sub-title "Official Actions Will Affect and Regulate Use of Real Property in Unincorporated Manatee County - Notice to Real Property Owners and General Public", or similar title.

• Indicating that interested parties may appear at the hearing and be heard regarding the processing of the proposed Comprehensive Plan or part thereof.

• The transmittal-stage advertisement shall be published at least seven (7) days prior to the transmittal-stage hearing; the adoption-stage advertisement shall be published at least five (5) days prior to the adoption-stage hearing.

• Newspaper Advertisements for Small Scale Plan Amendments: Advertisements shall comply with Florida Statutes, as amended.

• Announcement, at the transmittal-stage hearing, of the intention to hold and advertise a second public hearing at the adoption stage.

D.3.2.

Required and Optional Workshops and Hearings.

D.3.2.1.

Number of Workshops and Hearings.

• Local Planning Agency.

• The Local Planning Agency (LPA) may hold an optional workshop for the consideration of any plan amendment, the decision whether or not to hold such workshop being based on the size, impact and effect associated with the proposed amendment, and being made by the LPA following consideration of a summary of the proposed plan amendment presented to the LPA at a regularly scheduled meeting.

• The LPA shall hold at least one (1) public hearing pursuant to § 163.3174, F.S. for any plan amendment or revision.

• Board of County Commissioners.

• The Board of County Commissioners may hold an optional workshop for the consideration of any plan amendment, the decision whether or not to hold such workshop being based on the size, impact, and effect associated with the proposed amendment, and being made by the Board of County Commissioners following consideration of a summary of the proposed plan amendment presented to the Board of County Commissioners at a regularly scheduled meeting.

• The Board of County Commissioners shall hold at least one (1) transmittal public hearing for any plan amendment pursuant to the requirements of § 163.3184(11), F.S.

• The Board of County Commissioners shall hold at least one (1) adoption public hearing for any plan amendment pursuant to the requirements of § 163.3184(11), F.S. or § 163.3187, F.S.

• Location of Workshops and Hearings.

The Local Planning Agency and the Board of County Commissioners may elect to carry out required or optional workshops at a location that maximizes the degree of convenience for interested parties to attend and receive information on the proposed amendment.

The Local Planning Agency and the Board of County Commissioners may elect to conduct required public hearings at locations best suited for maximizing the opportunity for public participation.

(Ord. No. 16-23, § 4(Exh. B), 9-19-16; Ord. No. 18-04 , § 4(Exh. B), 8-23-18)

Editor's note

Ord. No. 18-04 , § 4(Exh. B), adopted Aug. 23, 2018, repealed the former § D and renumbered the former § E as § D as set out herein. The former § D pertained to special plan interpretation provisions and derived from Ord. No. 16-23, § 4(Exh. B), adopted Sept. 19, 2016.