Tara corner may be developed

Manatee County commissioners have ended a seven-year dispute with the developer of the Tara community.

In a 4-2 vote June 20, the Manatee County Commission approved a settlement agreement with Tara’s developer, Lake Lincoln, that allows the entity to commercially develop on three of 10 acres at the southwest corner of Tara Boulevard and State Road 70.

Lake Lincoln in May 2012 filed a lawsuit against Manatee County alleging it had taken away Lake Lincoln’s development rights. Manatee County commissioners had denied an application in October 2010 to put commercial or residential uses on a roughly 10-acre parcel at the southwest corner of Tara Boulevard and State Road 70. Hundreds of Tara residents wearing red T-shirts filed into the commission chambers to oppose the project, which they said violated existing development approvals and would cause significant safety issues at the intersection. County planning staff had agreed.

Both the Manatee County Planning Commission and Manatee County Commission boards voted against the application with 6-1 votes, siding with residents that the application was not consistent with prior approvals, the county’s comprehensive plan and created safety problems at the intersection, among others. 

Manatee County attorneys said the settlement approved Tuesday was the first offered by Lake Lincoln they felt comfortable with and recommended to the board. Attorneys said they were prepared to defend the original land-use decision, but recommended approval of the settlement offer in light of changes in property rights laws and how they have impacted other cases.

Commissioners were torn, contemplating continuing the meeting or holding a private litigation meeting to further discuss the issue, but ultimately decided delaying the decision would not change the outcome.

“I have to think logically on behalf of the people of Manatee County. It’s tough,” Chairwoman Betsy Benac said. “That’s the toughest thing about this job. You will always get a roomful of people who want you to do something different. I do represent the people, all the people of Manatee County. That’s why I’m making the decision I am.”

“I understand the people of Tara do not want this wetland, that is at the entrance to their subdivision, developed. But I have to look at this as any other lawsuit in the county,” Benac said.  “All the corners are commercial. What do I think the chances of us winning this are?”

Manatee County also will pay for Lake Lincoln’s “reasonably incurred” attorney and consultant fees associated with the case.

The lawsuit had been slated for trial June 5, but was canceled because attorneys for both sides reached the proposed settlement days prior.