ManaSota-88, Inc. a 501.c3 Public Health and Environmental Organization
ManaSota-88 fully supports the establishment of a Citizens Growth Oversight Committee for Manatee County.
The lack of commission support for this clearly indicates growth management will be a low priority under the current county commissions tenure. Only commissioner Misty Servia supports an oversight committee to review new development proposals and provide input to the Board of County Commissioners.
No one living in Manatee County will escape the poor decisions that will likely result in reduced standards for environmental protection or the bad legal precedents that will be set.
Development interests already have a vast influence on Manatee County’s planning process. The county commission will be lobbied to weaken an already weak comprehensive plan, ensuring growth management plans remain the toothless documents they have been.
Although Manatee’s comprehensive plan is inadequate, in that it does not address the fundamental question of how many people can reasonably be expected to live here in comfort, it is at least a step in the right direction.
The majority of residents want to slow growth in order to maintain adequate levels of service and to prevent further erosion of the environment and general quality of life.
Information concerning the cumulative impacts of traffic, air quality, the relationships of vegetation and wildlife, and wildlife corridors has been deficient in the planning review process. The submittal of sufficient technical and specific information to properly review and identify the anticipated impacts associated with proposed developments in Manatee county is flawed. Regional and local impacts on the environment are not being sufficiently addressed.
Manatee County’s planning process does not consider the magnitude of the current problem that exists regarding the safe evacuation of existing residents in case of a catastrophic storm. The use of Interstate 75 , or other roads established as hurricane evacuation routes, should not be impacted by new development . The protection and safety of existing residents during a hurricane storm event must be ensured before initiating any changes in land use designations within Manatee. If roads and infrastructure are overburdened by the continuous population growth allowed under the comprehensive plan, then adequate hurricane evacuation cannot possibly occur.
The impact of continued growth on air quality will be significant. Steady increases in vehicle miles traveled will erode the controls already achieved by new car emission standards and stationary source controls.
Whether there is any way to retain the unique features that make Manatee County a desirable place to live remains to be seen. The results will be determined by the amount of public interest that is displayed in Manatee County's development.
Unfortunately, it appears the majority of Manatee County Commissioners do not support the establishment of a Citizens Growth Oversight Committee and would rather not hear the concerns residents have related to growth management.
Revisions of Manatee County’s Land Development Code and Comprehensive Plan can be found at mymanatee.org and search for “Pending Land Use Regulation Amendments.”
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Showing posts with label Manasota 88. Show all posts
Showing posts with label Manasota 88. Show all posts
Thursday, January 3, 2019
Blindness and Oversight: Manasota 88 and Pat Neal
Parrish will be "the new center of the universe," says pat neal, who apparently has no qualms about putting as many human warehousing units as he can on every blade of grass he can buy.
Is there a shred of difference between the fecklessness of Manatee County and that of Sarasota?
Sunday, March 19, 2017
Wednesday Hearing to address Paving more Wetlands - Manasota 88, Control Growth Now opposing
Dan Lobeck:
We warned that this would happen.
No preserved and protected wetland in Sarasota County, near any neighborhood or elsewhere, is safe if the County Commission continues to repeal that protection and allow them to be paved over for development.
Wetlands at Honore Avenue and University Parkway in Sarasota County were set aside years ago as preserves in exchange for approval of adjoining developments. Then in 2016, after developers gained unprecedented control of the Sarasota County Commission, the property owner sought approval from the Commission to pave over the wetlands for parking and buildings, to develop Whole Foods and Wawa stores.
County environmental staff objected, stating that the wetlands remained functional and valuable and that their destruction for development would violate the Sarasota County Comprehensive Plan. Over the objections of environmentalists and community groups including Control Growth Now, the County Commission approved the rezoning for the wetland destruction on a 4 to 1 vote. A lawsuit was filed by environmentalists but dropped, apparently due to a lack of legal “standing” to bring suit under a law that requires a showing of damages different from the public at large.
At the time, we warned that if the Whole Foods wetlands destruction could be approved, then other owners of preserved wetlands will come forward to ask that they be paved over for expanded development.
Well, here we go.
On Wednesday, March 22, as the second public hearing after 1:30 pm at the County building at 1660 Ringling Boulevard in Sarasota, Round Two will ring in the saga of Paving Over Paradise. Concerned citizens have five minutes each to speak.
Tuesday, March 1, 2016
Residents sue Sarasota County over Whole Foods Fiasco
If you wish to support the lawsuit, the plaintiff organization's mailing address is:
Some added context can be found below the articles.
P.O. Box 1728
Nokomis, FL 34274
Posted: Monday, February 29, 2016 5:10 am
SARASOTA, Fla. -- At the corner of University Parkway and Honore Avenue sits 4 acres of previously protected wetlands. It's a last remaining piece of nature in the middle of urban sprawl, says environmentalist Andy Mele.
"It feels like you're stepping into a medieval French cathedral," said Mele of the property, "with shafts of light coming down on water."
The small piece of land is the site of a large controversy. Now there's lawsuit against Sarasota County.
"We've been watching them for awhile," said Mele of the County Commission, "and this is the place where we decided to draw the line."
In January, the county heard from those against construction as well as a few in favor.
"I go to Whole Foods at least twice a week," said one local resident, "but I have to go all the way across town."
Commissioners also heard from county staff who called the wetlands "relatively rare" with a "high degree of environmental importance."
Ultimately the county voted to allow developer S.J. Collins to build a Whole Foods shopping center and Wawa convenient store, a decision environmentalists say goes against the county's comprehensive plan.
In exchange, Collins agreed to purchase wetlands to be preserved in Manatee County's Rye Preserve, but Glenn Compton of Manasota 88 says that addition doesn't offset what's happening in Sarasota County.
"The fact is the wetlands that are being set aside would probably never be developed anyhow," said Compton, "so there's really nothing being gained."
Plus, Compton says this could affect much more than just these four acres, potentially setting a precedent for other construction in the county.
"We think we have a very good chance of winning this case," said Compton, "and hopefully not allowing for the precedents to continue moving forward."
=======
Herald Tribune:
SARASOTA COUNTY
Lawsuit may delay Whole Foods development plan
Plaintiffs say the county erred when approving the destruction of a wetland preserve for the shopping center's development.
Whole Foods was planning to open a new store at University Parkway near Interstate 75 as early as summer 2017.
HERALD-TRIBUNE ARCHIVEPublished: Monday, February 29, 2016 at 4:09 p.m.
Last Modified: Monday, February 29, 2016 at 4:09 p.m.
A new Whole Foods commercial center in north Sarasota County faces a likely yearlong delay, if not a complete derailment, after a lawsuit filed Friday by a group of environmental activists challenged the county's decision to let it develop over a wetland preserve.
ManaSota-88 was founded in Manatee County by John and Gloria Rains back in the 70's to fight the phosphate industry in its attempts to gain mining permits in Manatee County. Becker Phosphate was the target company. Since that time, ManaSota-88 has continued on as a major environmental organization that has fought ferociously against some of the largest environmental threats over the years...often successfully. John and Gloria are now gone, but Glenn Compton leads it now...Glenn is a local science teacher who has put his heart and soul and his great intelligence into continuing the work that the Rains started so long ago.
Led by ManaSota-88, the group alleges county commissioners violated Sarasota County's growth management plan when, on Jan. 26, they removed longstanding stipulations protecting a forested wetland deemed by county staff as “rare and unique and important.”
The measure had passed 4-1 after about an hour of public comment. Commissioner Charles Hines cast the dissenting vote.
The environmentalists want the court to review the commissioners' decision by holding a “de novo trial,” which will allow both sides to present their cases and a judge to determine whether the original decision violated the long-range growth plan. If so, they want the court to invalidate the county's decision.
The complaint was filed in Sarasota County Circuit Court.
It could take at least a year for a judge to hear the case, said the environmentalists' attorney, Ralf Brookes. In the meantime, he doubts the project will proceed. That's because a judge can order the complete demolition of a development found to be inconsistent with the comprehensive plan, as upheld in a previous comprehensive plan consistency case, Pinecrest Lakes Inc. v. Shidel.
Because of that, Brookes said, “most developers don't proceed until a case is over. And we don't believe the county will issue permits while it's pending.”
County spokesman Jason Bartolone declined to comment, citing the pending litigation. Whole Foods spokeswoman Briana Madrid didn't respond to messages seeking comment, nor did Jeff Garrison of Atlanta-based SJ Collins Enterprises, which partners with the national grocery chain on development projects.
The 4.5-acre wetland sits at the northwest corner of the total property eyed for development, at the intersection of Honore Avenue and University Parkway. Included in the proposed development are a Whole Foods Market and a Wawa convenience store/gas station.
A spokesman for the project told commissioners in January that there is no other suitable site – it's at Honore and University or bust – and that the destroyed wetland would be offset by the purchase of 41 acres of environmentally sensitive land for protection nearby in Manatee County.
But the proposed mitigation site doesn't contain the same type of wetlands nor does it offer the same habitat for wildlife and birds as does the site targeted for development, said Glenn Compton of ManaSota-88, who called it “irreplaceable.”
Compton and others in the lawsuit noted that the county twice designated the wetland in question as a preserve area and had previously denied a prior owner's rezoning petition to develop the site and protect wetlands elsewhere.
They also cited the county's own growth management plan, which says “wetlands shall be preserved except in cases where they are no longer capable of performing defined environmental functions and values, or where no other reasonable alternative exists.”
The comprehensive plan guides the community's growth and sets criteria for commercial and residential development, transportation, parks and environmental protection. Amendments generally involve the county attorney's office, Bartolone said, without speaking specifically about the lawsuit.
“The comprehensive plan said they're supposed to preserve that land, and they ignored it,” said Gerry Swormstedt, one of the plaintiffs.
She and other plaintiffs worry the county will continue chipping away at environmentally sensitive land in favor of developers. They said it's time to stop.
“This is a very small lawsuit,” said plaintiff Andy Mele. “But it's part of a larger battle over the heart and soul of America.”
===
More context (courtesy of Bill Z.)
ManaSota-88 was founded in Manatee County by John and Gloria Rains back in the 70's to fight the phosphate industry in its attempts to gain mining permits in Manatee County. Becker Phosphate was the target company. Since that time, ManaSota-88 has continued on as a major environmental organization that has fought ferociously against some of the largest environmental threats over the years...often successfully. John and Gloria are now gone, but Glenn Compton leads it now...Glenn is a local science teacher who has put his heart and soul and his great intelligence into continuing the work that the Rains started so long ago.
If you wish to support the lawsuit, the organization's mailing address is:
The Pinecrest v Shidel case is what we usually refer to as the Martin County Case. I think it was around 2000, that a developer received approval for land use changes that would permit him to build a rental apartment complex. This approval was challenged in the public hearings as not being in compliance with the Martin County Comp Plan, but the Martin County Commission approved it anyway. A woman who lived adjacent to the property decided to challenge the approval in court. The developer scoffed at her case, inasmuch as he relied on the BCC approval, and he proceeded to build the $3,000,000 complex, and to rent the units. The woman won at the local circuit court level, and the developer was ordered to demolish the complex. He appealed, of course, scoffing once again, but perhaps with not quite so much confidence. The appeals court upheld the original circuit court decision, but the developer apparently could not believe that this demolition could come to pass...so he appealed to the Florida Supreme Court, which refused to hear the case, and thus the lower court ruling stood. The tenants all had to move out of the apartment complex, and it was actually razed to the ground! All because one woman stood her ground and asserted the protection of the Comp Plan. It took about 3 years, but there is no apartment complex on that site!
This is the reason this suit is so important. If, indeed, we are correct that the BCC approval to destroy the wetlands is not in compliance with the Comp Plan, then the courts will support that contention, and the wetlands can be saved. As Ralf Brookes said, in light of the Martin County Case, a developer would be taking a huge risk to proceed with construction in light of this serious legal challenge. In the long run, this is about much more than this one wetlands...it is about stopping these sorts of unlawful decisions.
So, if you want to support this effort to prevent our BCC from making these "So sue me" decisions, you can send a donation in any amount to ManaSota-88 at the address above. The only way to stop these decisions is by shutting them down through the legal process... by accepting their "so sue me" challenge!
ManaSota-88
P.O. Box 1728
Nokomis, FL 34274
The Pinecrest v Shidel case is what we usually refer to as the Martin County Case. I think it was around 2000, that a developer received approval for land use changes that would permit him to build a rental apartment complex. This approval was challenged in the public hearings as not being in compliance with the Martin County Comp Plan, but the Martin County Commission approved it anyway. A woman who lived adjacent to the property decided to challenge the approval in court. The developer scoffed at her case, inasmuch as he relied on the BCC approval, and he proceeded to build the $3,000,000 complex, and to rent the units. The woman won at the local circuit court level, and the developer was ordered to demolish the complex. He appealed, of course, scoffing once again, but perhaps with not quite so much confidence. The appeals court upheld the original circuit court decision, but the developer apparently could not believe that this demolition could come to pass...so he appealed to the Florida Supreme Court, which refused to hear the case, and thus the lower court ruling stood. The tenants all had to move out of the apartment complex, and it was actually razed to the ground! All because one woman stood her ground and asserted the protection of the Comp Plan. It took about 3 years, but there is no apartment complex on that site!
This is the reason this suit is so important. If, indeed, we are correct that the BCC approval to destroy the wetlands is not in compliance with the Comp Plan, then the courts will support that contention, and the wetlands can be saved. As Ralf Brookes said, in light of the Martin County Case, a developer would be taking a huge risk to proceed with construction in light of this serious legal challenge. In the long run, this is about much more than this one wetlands...it is about stopping these sorts of unlawful decisions.
So, if you want to support this effort to prevent our BCC from making these "So sue me" decisions, you can send a donation in any amount to ManaSota-88 at the address above. The only way to stop these decisions is by shutting them down through the legal process... by accepting their "so sue me" challenge!
Friday, September 4, 2015
Science Doesn’t Matter Much to Water Management District Board
Bradenton Times
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Thursday, Sep 03, 2015
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Last week, the governing board of the Southwest Florida Water Management District voted to ignore the recommended order of an administrative law judge and allow local developer Pat Neal to destroy high-quality wetlands in order to build four McMansions on Perico Island.
When it comes to understanding how our local environmental resources are squandered, the story of this development is instructive. It shows a flawed process in which those who decide the fate of some of our most precious resources are often the same ones who have demonstrated the least respect and appreciation for it.
SWFMD originally voted to issue the required permit. The challengers, which included TBT publisher Joe McClash, asked that an administrative law judge review the application and issue a recommended order. After three days of presenting evidence, expert witness testimony and scientific explanations as to why the proposed development would be devastating to the local ecology, that administrative law judge’s findings of fact led him to issue a recommended order that the water management district deny the request for the permit.
In the somewhat backward process of such matters, that order than was given back to the same board who was already poised to pass it. At the meeting, Neal’s team was able to present all of their supporting arguments for ignoring the ALJ’s ruling, while McClash and his partners, which included Sierra Club, F.I.S.H. and Manasota88, then had just 20 minutes to convince the governing board to follow the ALJ’s recommended order.Read more. . .
Saturday, June 27, 2015
ALJ Issues Recommended Order Against Neal on Perico Island
from The Bradenton Times
Published Friday, June 26, 2015 12:11 amby Dennis Maley
BRADENTON — Pat Neal intended to build what was described as a family compound on 40 acres of Perico Island re-zoned by the City of Bradenton in violation of its own rules and without a public hearing. But after already having his plans to destroy mangroves on the island shot down by the Army Corps of Engineers, an Administrative Law Judge issued a recommended order to the Southwest Florida Water Management District on Thursday not to approve Neal's permit to destroy high-quality, productive mangroves and replace them with four homes.
After running down a lengthy finding of facts, ALJ Bram Canter issued conclusions of law that called the proposed development, held by Neal through a trust, "an unusual project" that
"resembles the kind of project that was common in the 1960s and 1970s in Florida, before the enactment of environmental regulatory programs, when high-quality wetlands were destroyed by dredging and filling to create land for residential development."
Canter added that "In all the reported DOAH cases involving ERPs and mitigation of wetland impacts, the circumstances have involved impaired wetlands and/or the restoration or permanent protection of other wetlands on the project site. No case could be found where an applicant simply paid for authorization to destroy almost an acre of high-quality wetlands and convert it to uplands."
Attorney Ralf Brooks represented the Sierra Club. “We agree with the findings and conclusions of the Administrative Law Judge," said Brooks in a statement after the decision was released. "It is important to preserve these mature mangrove wetlands on site because they provide natural storm protection, prevent erosion and provide important habitat for wildlife here in Anna Maria Sound near the historic fishing village of Cortez. It is important to protect our remaining mangrove wetlands as valuable natural resources especially in aquatic preserves and outstanding Florida waters."
Neal's trust has 15 days to file exceptions to findings of fact and conclusions of law contained in the recommended order with SFWMD, who issues the final order. Neal is being opposed by several groups including Manasota 88, Sierra Club, Suncoast Waterkeeper, the Florida Institute for Saltwater Heritage (FISH) and TBT publisher Joe McClash.
Background
........................Army Corp Tells Neal Not to Kill Mangroves on Perico Island
The Bradenton TimesPublished Saturday, March 21, 2015 12:07 amby Staff ReportPat Neal Gets SWFMD Permit to Destroy Wetlands on Perico
The Bradenton TimesPublished Friday, August 29, 2014 12:10 amby Joe McClash
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