Deer Run residents plan to sue after Manatee Commission rezoned closed Palmetto golf course

MANATEE -- A group of enraged Palmetto residents say they plan to take legal action after the Manatee County Commission reversed its decision and rezoned 56.22 acres of the now-closed Palm View Hills Golf Course to allow more dense development.

After the commission approved the rezone request during a reconsideration hearing Nov. 5, neighboring residents wearing red shirts, attended Tuesday's commission meeting to voice objections. The 56.22-acre property at 5712 28th Ave. E., Palmetto, is now zoned residential single family with maximum density of 4.5 dwelling units per acre.

"I don't think we can say it is limited to the county at this point," Deer Run resident Yonilee Miller said when asked who the lawsuit will be filed against.

County Attorney Mickey Palmer said there is a 30-day window after a final decision on a quasi-judicial matter "to bring a petition for certiorari action in the circuit court."

The promise of legal action came after residents were told their request for another reconsideration hearing was not allowed. Will Robinson, the applicant's attorney, requested the initial reconsideration hearing after the commission first denied the request in August.

"At the end of the day, the law does not contemplate a reconsideration of a reconsideration," Palmer said. "It is clear that these folks are frustrated. There are other remedies available to them but yet another hearing before this board is not one of the available remedies."

Commissioner Robin DiSabatino said: "This can be a test case to do the reconsideration of a reconsideration. Now the remedy is to hire an attorney and go to court."

While the rezone request passed 4-3 in November, some Deer Run residents called Tuesday for Commissioner Carol Whitmore's vote in favor of the rezone to be dismissed as she attended the meeting by phone. They also questioned her ability to review all documents presented during the hearing.

Palmer said while physical presence is preferred, electronic attendance is allowed.

"I was listening," Whitmore said. "I'm an honorable person. I don't lie."

During the discussion, commissioners questioned the notification process of public hearings. Miller showed the two envelopes received in advance of the public hearings -- one was cream with the Allison-Gause Inc. return address and the other was white without the return address.

"The notification process needs to be reviewed," Commissioner Charles Smith said.

County Administrator Ed Hunzeker said a work session can be scheduled for the commission to discuss the topic.

The commission also:

Adopted a resolution establishing the Animal Services Advisory Board, which updates the existing resolution. Changes include minimum meeting and board membership requirements. All advisory board openings will be advertised at least 30 days and residents who have already submitted applications will be contracted for additional information as required by the new resolution.

Adopted a resolution to request a lease of the Winston Tract, which contains 45.25 acres of land north of State Road 64, from the State of Florida Board of Trustees of the Internal Improvement Trust Fund. Robinson Preserve expansion plans require modifications to the channel that passes through the Winston Tract. The annual fee for the lease would be $300.

Awarded Robinson Preserve Expansion Phase II Restoration to the lowest responsive bidder, Bradenton's E.T. MacKenzie of Florida Inc., in the amount of $3.98 million with a 300-day completion schedule. The work includes "construction of 58 acres of lakes and freshwater ponds and the dredging of 0.39 acres of other surface waters to create habitat and conduct restoration work with existing disturbed uplands and spoils areas in this phase of restoration activities," according to agenda materials.

Authorized an amendment to an agreement with Willis A. Smith Construction Inc. of Lakewood Ranch for the fleet transit facility in the amount of $497,896 and added 62 calendar days to the schedule.

Approved the annual one-year service agreement for Manatee County Sheriff's Office to provide law enforcement services in the city of Anna Maria.

Set a public hearing Dec. 15 to consider adopting an ordinance to create a 40-mph speed limit on Ninth Street East from State Road 70 to 57th Avenue East.

Claire Aronson, Manatee County reporter, can be reached at 941-745-7024. Follow her on Twitter@Claire_Aronson.

This story was originally published November 17, 2015 at 5:55 PM with the headline "Deer Run residents plan to sue after Manatee Commission rezoned closed Palmetto golf course ."