Impact Fees, Large Development, Celebration for Wade Matthews

from Dan Lobeck

Important Meetings of the Week

Tuesday, November 8, 1:30 pm, Anderson Center, 400 S. Tamiami Trail, Venice
Sarasota County Commission
Public Hearing on Increasing or Delaying Various Impact Fees

The County Commission will act on a consultant’s recommendation to finally update and increase – after 10 years – impact fees on new development to help pay for expansions of various facilities to serve that development.  The fees are for parks, libraries, fire, emergency medical services, law enforcement, justice (courts and jails) and general government.  They do not include impact fees for schools and transportation, which remain seriously lowballed.

The consultant has recommended that the miscellaneous impact fees rise for an average single family home less than 38%, from $4,397 to $6,061.

The County Commission has delayed this adjustment repeatedly over the past year but is finally poised to vote. 

The biggest problem is that although staff has for many months recommended full funding without delay, they are now proposing that the adjusted fees be phased in over three years (80% effective April 1, 2017, 90% April 1, 2018 and 100% April 1, 2019), based on push-back from some County Commissioners. 

This comes at a time when the County Commission plans to borrow tens of millions of dollars, to be funded with probable tax hikes over time, for expansion of government facilities for which there is insufficient money due to the impact fees being too low for too long.  The borrowing will be divided by projects to fall below the bonding cap beyond which the County Charter requires a voter referendum, which the County Commission previously planned but abandoned.

A further delay will cost the taxpayers substantial needed funds, just to serve the developers who control County government.



Wednesday, November 9, 1:30 pm, County Administration Building, 1660 Ringling Boulevard, Sarasota

Development East of I-75: LT Ranch

Sarasota County Commission
Public Hearing on LT Ranch/ Clark Road Properties Village Development

Maps for LT Ranch 

This huge Sarasota 2050 “Village” would be east of I-75 south of Clark Road where it meets the Bee Ridge Extension – 3,450 dwellings and 300,000 square feet of nonresidential development (mainly a large shopping center on Clark Road) on 1,725 acres.  Severe traffic problems would be created on Clark Road from Proctor Road to the Bee Ridge Extension and on Proctor Road from Cattlemen Road to Clark Road, requiring the widening of those roads from four to two lanes.  The development would however only contribute a share of that expense, leaving the rest on the taxpayers. It also is not clear who would pay for a southern extension of the Bee Ridge Extension to serve the development.  Also, the Greenbelt setback along Clark Road would be reduced from 500 to 10 feet (a matter within the discretion of the County Commission), destroying the rural ambiance which that setback is intended to serve. 

The development would destroy much natural habitat, including 20 acres of mesic hammock, 86 acres of mixed wetland hardwoods (100% of the ones on the property), 30 acres of freshwater marsh,11 acres (again 100%) of streams and waterways, and apparently an eagle’s nest on the commercial site.  This is in addition to the fact that the County Commission previously excused this development from getting its densities by buying and transferring them from off-site Greenways, just giving them to the site instead when the developer complained that the Greenway requirement was “too expensive.”

The requirement that Sarasota 2050 Villages be walkable New Urbanist communities would be destroyed and replaced with a standard subdivision and shopping center by 15 “modifications”, including by allowing gated communities, changing public civic uses to private clubhouses, allowing longer cul-sacs and dead-end streets and changing requirements for setbacks, block configurations, intersections, roadway designs, alleys, street trees, multiuse trails and sidewalks and the public greens, square and plaza for the commercial center.


The fiscal neutrality analysis employs tricks to conclude that the development will pay its own way by the usual taxes and impact fees, such as by assuming no special costs for law enforcement and emergency rescue to reach this eastern sprawl, and assuming no need to contribute to capital repairs and renovations of existing schools despite the fact no new middle or high school is planned for the development, from which 598 new public school students are expected.  Also as to schools, impact fees are deemed fully adequate for the development’s share of the seven new elementary schools, two middle schools and two high schools which the School District projects will be needed by the time this development is built out, even though the School Board and County Commission have only set school impact fees at 26% of what the consultant says is needed for that purpose.

Thursday, November 10, 2016, 7 pm
Michael's on East Wine Cellar, Midtown Plaza,1283 Tamiami Trail South, Sarasota 

Sarasota County Council of Neighborhood Associations 55th Anniversary Party,
A fundraiser benefiting CONA’s college scholarship fund, honoring Wade Matthews, retiring Sarasota Audubon Society conservation chair -- hors d'oeuvres, music, c ash bar, special door prizes.  Ticket donation: $50/ person.  RSVP to CONA Here.

Antunes on Benderson and the Ballot

Cathy Antunes: The Detail

Important Sarasota races will be decided on November 8th. As party lines blur nationally, local elections may be similar. Party affiliation may not be the best guide in identifying who will effectively steward our community, especially since effective oversight of development decisions is no longer found at the state level. Important decisions lie ahead, and they will be decided by the County Commission. Siesta Key’s south bridge at Stickney Point and US 41, a major gateway to a local economic engine and prized beach, may suffer a suffocating traffic future. County government is responsible for creating safe and economically viable development. The County Commission election matters.

We used to be able to count on the Department of Community Affairs for wise development standards in Florida.* The state agency, established in 1969, worked to reduce sprawl and congestion for 42 years. DCA was abolished in 2011. In Sarasota, the most obvious evidence of the absence of DCA oversight is traffic at University Parkway and I75. Without DCA’s usual oversight requirements (e.g. a DRI – Development Regional Impact study), Sarasotans have seen the new mall create dangerous congestion and siphon retailers from existing commercial centers. The traffic fix—a cumbersome diverging diamond—comes with an $80-million priceYou may remember that when approving the new Benderson mall, the County removed a requirement to build over 400 affordable housing units. Affordable housing for those working nearby could have alleviated some traffic near the mall. No affordable housing is planned at Stickney Point and 41.

In the County Commission race between Fredd Atkins and Mike Moran, Benderson’s choice is clear, as evidenced by Moran campaign signs at Stickney Point and 41.  Fredd Atkins has pledged to listen to the people.  Who will you support? tag.

More on the Benderson plan for Stickney Point in this interview with Sura Kochman.

Moran was appointed by Rick Scott to the Southwest Florida Water Management District (Swiftmud).

*The DCA was abolished by Gov. Rick Scott in 2011:

Gov. Rick Scott signed a bill (SB 2156) Tuesday that dismantles the growth management agency and merges it with several other agencies, such as the Agency for Workforce Innovation, to form a new state agency. The Department of Economic Opportunity will officially be created on Oct. 1, [2011]. Source.

Letter to the editor: Cassia Cay

via Herald Tribune

Another development on US 41

The proposed Siesta Promenade at Stickney Point Road and US 41 will create terrible traffic problems, but it is not alone!

Cassia Cay, a proposed development with approximately 200 housing units and 170,000 square feet of commercial space, is proposed a mere two miles south on Tamiami Trail, just north of the intersection of Beneva and Vamo roads.

The 32 acres are on pristine land along Little Sarasota Bay, adjoining a county preserve with an active eagle's nest. In addition to the environmental degradation this will cause and the question of overbuilding shopping centers, the traffic situation on Tamiami will be horrific.

The proposed traffic light will be only about a half-mile from the existing one at the corner of Vamo. Even without the additional traffic, if Siesta Promenade is approved, congestion on South Tamiami Trail, which is an evacuation route, will pose a serious threat to public safety.

Why does Sarasota County keep approving developments without regard to traffic congestion? We already have empty storefronts in the Landings and the former Albertson's shopping plaza across from Publix. Do we keep building more shopping centers and let existing ones die? And what happens with the next downturn of the economy?

I urge every concerned citizen to appear at the county Planning Commission hearing concerning Cassia Cay on Thursday at 6:30 p.m. and tell them what you think. Our voices must be heard!

Ruth Brandwein, Sarasota

Tapping the potential in social media

Social media is free, easy, and can be powerful. All it takes is a smart phone (and a savvy smart phone user).

Arlene Sweeting, a candidate for Charter Review Board, produced her "Home Rule Minute" videos sharing valuable information with the public. She then posted them on Facebook, and on Youtube, as well as on related websites.

Arlene used tools readily availble to anyone with a smart phone to become a one-woman social media production team:

Beruff Saga continues

County Investigates Possible Illegal Land Clearing Near Long Bar Pointe

The Bradenton Times Dennis Maley• Wednesday, Nov 02, 2016

BRADENTON — Suncoast Waterkeeper has filed a complaint with Manatee County, alleging that developers of the controversial Long Bar Point project in southwest Manatee County have illegally cleared land that doesn't belong to them in connection with a forthcoming subdivision.

The complaint alleges that part of a county conservation easement, as well as property belonging to an adjacent development—Legends Bay—were cleared along with Long Bar Pointe property, in violation of county ordinances.

Residents of Legends Bay recently began noticing that some of the most attractive green space property in their development had been cleared—property they had understood would forever be preserved. ...

"You've got this giant Bald Eagle nest that all of a sudden just vanishes," said McClash. "We're talking about branches as big as six feet long, and every one of them is suddenly gone from the tree . . . 

Read more. . . 

Medallion Home investigated after knocking down conservation area

Before and After: Carlos Beruff's Medallion Homes has reportedly destroyed a conservation area - via the Bradenton Herald:

BY HANNAH MORSE

hemorse@bradenton.com

Although the neighborhood of Legends Bay is still under construction, it still can be an environmental getaway for the few who call the gated community home.

A trio of otters played in the creek. A bald eagle’s nest sits on top of a tall pine tree. Even coyotes have been seen.

But a sizable chunk of the protected conservation area on Legends Bay’s property that divided it from Medallion Home’s Long Bar Pointe development, west of the property along El Conquistador Parkway, has been bulldozed over and ripped from the roots. The county is investigating how this happened.

The homeowner who lives directly in front of the affected area, who asked not to be named, said she first saw a bulldozer going after one of the tallest pine trees — a “landmark tree,” neighbors called it — on Oct. 17, and she started wildly waving her arms to get the worker to stop
“He stopped ... for a couple of minutes and then he continued,” she said.

The homeowner and her husband moved to Legends Bay three years ago, choosing their house specifically because it was in front of the thickest portion of the conservation area.

She took photos of the destruction and said she tried contacting Medallion, but to no avail.

A letter sent out to Legends Bay residents by Bruce St. Denis, the senior manager of the Development Planning and Financing Group Inc. and manager of Legends Bay’s community development district, said they had asked Medallion to stop clearing land until ownership could be confirmed.

“(Medallion) responded they would have the area resurveyed to make sure they were not on our property, but that they would not stop the clearing activities,” St. Denis wrote in the Oct. 25 letter.

...

Manatee County Code Enforcement was notified about the violation and is continuing the investigation.

“In (the code enforcement’s) opinion, the clearing had damaged a wetland and conservation area on Legends Bay property for which Legends Bay had provided an easement to Manatee County for preservation purposes,” St. Denis’ letter continued.

The company’s founder Carlos Beruff, president Pete Logan and attorney Ed Vogler III could not immediately be reached for comment.

===

An eagle's nest has mysteriously disappeared from another Beruff property:

Bald Eagle Nest Disappears and Reappears Near Long Bar Pointe Project

More on Beruff:

Long Bar Pointe reapplies for mitigation bank state permit 

Long Bar Pointe withdraws plans for ‘mitigation bank’ 

Hannah Morse: 941-745-7055, @mannahhorse
Read more here

CONA 55th Anniversary Party Nov. 10th

CONA Sarasota invites you:

Sarasota County Council of

please join us    55th Anniversary Party     a fundraiser benefiting our college scholarship fund       honoring      Wade Matthews retiring Audubon Society conservation chair               November 10, 2016 at 7:00 Michael's on East Wine Cellar in Midtown Plaza at 1283 Tamiami Trail South, Sarasota, Florida ▪  hors d'oeuvres  ▪  music  ▪  cash bar  ▪ ▪  special door prizes  ▪             ticket  /   donation:  $50 per person            RSVP : cona.sarasota@gmail.com check : Box 15788, Sarasota, Florida 34277 or    use the Paypal link on our web site contact page          ________________________ for more details about CONA see www.conasarasota.org/meetings.html     neighbors helping neighbors since 1961

"Take the current draft back to the drawing board"

Below is the full text of a comment from Sarasota County resident Glenna Blomquist offered at the hearing of 10.25.16:

October 25, 2016 Comments at Public Hearing for Comprehensive Plan Update

Glenna Blomquist

Let's reminisce about the 1980s when a number of influential planners became interested in ways to guide smart growth in the United States, and in Florida.

I want to turn the clock back to a time when officials made attempts to put laws into place; laws meant to protect - clearly and fearlessly - the public and the environment. The 1985 Growth Management Act had some power of enforcement. Tallahassee kept a close eye on how counties interacted with developers because they didn't trust counties not to yield to local pressures.

Fast forward to 2011, thanks to our Tallahassee legislators, it became a blind eye, and the counties began to turn a deaf ear to the concerns of citizens. Developer money was able to influence growth like never before with some negative outcomes. Wise people knew that counties might not be trusted at the hands of developers who were flush with money. How true, as we see demonstrated in Sarasota County.

As a county, we need rules that protect us from ourselves and give the public opportunity for recourse against agents in our community who wish to disrespect existing communities and our natural environment.

Yes, property owners have rights, but not the right to diminish greatly the quality of life of people living in Sarasota County, and even get off scot-free without contributing to the costs of infrastructure. The County does not have enough tax dollars or funding to keep infrastructure current, so this is a major concern when adding population, no matter what demographic.

If we want smart development, we have to define it. We have to make those who benefit from development – immediately, and in the long-term – pay for the significant costs of the infrastructure and environmental protections that need to be in place concurrent, or even before, dumping population in an area.

In the past, some people have taken drastic measures against counties. For example, in 2001, Karen, a resident of Martin County, became incensed about zoning changes in her neighborhood, changing the density from 2 units per acre to multi-story residences of 8 per acre.

Karen won her case in district court and the newly constructed occupied residences were demolished under court order. How did this happen? The courts said the developer violated the county's comprehensive land use plan.

Our comprehensive plan still goes to the state for cursory and rubber-stamp review. However, Tallahassee has decimated State authority to guide counties towards manageable growth with demands of concurrency of infrastructure. It is up to us to make sure our comprehensive plan is loophole-free and that it enables the public to defend their communities from bad development.

For Karen, the court found the Martin County Comprehensive Plan established a hierarchy of land uses, paying deference to lower density residential uses, and providing protection to those areas. The "tiering policy" required that any new structures added to the area must be both comparable and compatible to those already built and occupied.

How I wish these "rules of the game" had been applied when, only a few weeks ago, a zoning change was approved for my neighborhood that changed the zoning from 1 unit per 10 acres to 2 units per one acre. Never mind, that 750 homes will be built on a dead end 2-lane county road near a narrow bridge, now dubbed "a killing zone" for pedestrians because there is no pedestrian shoulder. Development in my neighborhood clearly went awry, because roads are not capable and concurrent and there is no money or plan for improvement. Going forward, I don't want to see this happen to any other neighborhood.

Problematic situations are not being addressed in part because stringent and clear verbiage is lacking from the comprehensive plan, and more significantly, because our officials lack the will to deny developers' plans. And now the proposed changes as drafted will be even less protective.

The public needs a strong comprehensive plan that makes it possible to police intrusive development and defends the interests of current residents of Sarasota County communities.

Please take the current draft back to the drawing board.

In support of teaching

The opening of a worthwhile piece entitled "Ten Theses In Support of Teaching and Against Learning Outcomes." While it addresses university level teaching, it might have relevance for earlier levels as well. Something to think about in relation to our schools, and the school board race.

1. Teaching at the university level is not a practice of communicating or transferring information but awakening in students a desire to think by revealing to them the questionability of things. The desire to think is awakened in students if the teacher is able to reveal the importance of the discipline as a way of exposing to question established “solutions” to fundamental problems of human experience, thought, activity, relationship, and organization. Teaching does not instruct or transmit information, it embodies and exemplifies the commitment to thinking. 

2. True teaching is thus a practice, a performance of cognitive freedom which awakens in students a sense of their own cognitive freedom. Both are rooted in the most remarkable power of the brain: not to simulate, not to sense, not to tabulate, not to infer, but to co-constitute the objective world of which it is an active part. In thinking we do not just passively register the world, we transform it by making it the object of thought, i.e, an object that can be questioned and changed.  To think is thus to cancel the alien objectivity of the world and to become a subject, an active force helping to shape the order of things.

 more . . .

Public comment on Pat Neal's proposed change to the 2050 plan

Letter to the County Commission relating to Pat Neal's proposed new element of the 2050 Plan to accommodate his "Grand Lake" development:

To:  Sarasota County County Commissioners and Planners
10/25/16
Re. Comprehensive Plan Amendment No.2015-F 

Thank you for this opportunity for input.
Unless you haven't paid attention to the local media,  housing is a continually expressed need and is even written as a housing goal in the Comprehensive Plan.  In this case, it is a proposed increase in the number of homes from 258 to 788 dwelling units and yet requesting an elimination of the affordable housing requirement?
This decision will set a precedent for other proposed developments and those who vote for this Comprehensive Plan Amendment can take the credit for not helping a community need and paving the way for future affordable housing insults resulting in more of those who provide local services as well as the young professionals to live elsewhere.
The traffic intersection analysis approval seems to be based on assumptions vs fact about future improvements.  E-53 pg.599
Potable water needs will be significantly increased from 64,500 gpd to 261,000 gallons per day.  There is some ambiguity as to what water line would be used, the one on Ibis or the line extension on Clark.
I didn't see a proposed Fiscal Neutrality Studying the documents.  Obviously more infrastructure and services will be required from the original approval for 258 homes to the request for 788 dwelling units.
There were a number of residents in the area who were okay with the original 258 home approval but 788 presents numerous issues which is not adequately addressed. Many of the issues in the proposal were pushed to the County or FDOT to fulfill.
Please vote No on this critical decision at this juncture in Sarasota’s Growth and Development as it truly doesn't reflect the needs of this community and will set a precedent that will plague us all. 

Thank you,
Vicki Nighswander
Sarasota, FL