A conversation about zoning: How it works and how it can fail

A conversation about urban planning, transportation, commuting, and about how zoning works and sometimes doesn't. With Cathy Antunes and Andrew Georgiadis, in Sarasota, FL. Antunes often writes about development, growth, and dark money at The Detail. Georgiadis is an urban planner with Plusurbia. They spoke on Feb. 6, 2020 at Fogartyville.

Video courtesy of Critical Times SRQ

More on transportation:

How Transportation And Infrastructure Became Political Footballs - an interview with Charlie Zelle, the Minnesota Commissioner of Transportation.

Questions raised about legislation revising impact fees

Letter to State Rep.Margaret Good from Sarasota citizens regarding a new bill revising how impact fees are defined and administered. One of the bill's sponsors is State Sen. Joe Gruters of Sarasota. In part it would require counties to create a new bureaucracy to administer, review, and approve such fees on developers. Text of the bill which is still pending.




To: The Honorable Margaret Good;
From: Dan Lobeck, Glenna Blomquist
Date: 02/05/20

Dan Lobeck and I have reviewed this pending legislature (related to HB 637 and SB 1066). Following please find relevant comments:

One problem is that it limits impact fees to “public facilities” defined (by reference to another statute) as “major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.”

While the bills then add, “and includes any fire and law enforcement facility”, it is not clear if the word “including” in the referenced statute is meant as a limitation or as providing for examples. If the former, Sarasota County’s impact fees for libraries, courts and administration facilities would be rendered illegal. (Case law would need to be researched on statutory construction of the word “including” in the absence of “but not limited to”).

Also potentially problematic is that impact fees would be limited to “infrastructure,” that is the “construction, reconstruction, or improvement of a public facility …” and (again under the above referenced statute) “major capital improvements,” thereby potentially preventing impact fees from being spent on school buses or mass transit, as they are today.

The requirement that impact fees be based on local data gathered within the past 36 months (apparently on a rolling basis) imposes a burden on local governments to gather that date every three years. However, if done right that is not an entirely bad idea, as Sarasota County has long based its transportation impact fees on outdated national data from the last recession (which the County then seeks to apply through a methodology to local conditions) which understates trip length and frequency.

Truly local data, if done correctly, may be more reliable, although that could be subject to manipulation to keep the fees artificially low.

The composition of the local committees is unfairly loaded to those favoring lower impact fees, with most seats reserved for contractors and other business representatives and only one for the general public. (In Sarasota County, this would not much change the makeup of the Public Facilities Financing Advisory Board, which mainly advises on impact fees, as it is typically loaded with development interests and their allies).


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News about the bills from Joe Gruters (Sarasota) and Nick DiCelglie (Pinellas):

Florida House panel OKs bill overhauling local government impact fee levies

The bill would require local governments segregate impact fee revenues into accounts for each improvement category, calculate impact fees with data no older than 36 months, create seven-member committees to review how fees are allocated and exclude costs from fees that don’t meet a revised definition of infrastructure.

Tighter restrictions on impact fees are one step closer to House passage

Some lawmakers expressed reservations about the current language and cautioned they may vote it down if it makes it to the House floor if some concerns aren’t addressed. That includes fears about the fiscal impact to local governments as they are faced with additional administrative burden when levying fees.

Have your say with the EPA - but hurry! Feb. 4 deadline

Citizens at Mote Marine Wave Center for EPA hearing on Kampachi Farms Inc.

Didn't make the EPA hearing on Jan. 28? You still can participate.

Sierra Club and many other environmental groups opposed to Kampachi Farm's proposed operation off the coast of Sarasota County are asking members to email their public comments in opposition to the proposed fish farm to the EPA before FEB 4th   Contact info below!


Comments accepted through: 02/04/2020

You may comment on the proposed action in writing, using Email, FAX or mail.
Submit comments to:
Email: R4NPDES.Kampachi@epa.gov
Fax: 404-562-9772

Mailing address:
U.S. Environmental Protection Agency – Region 4, Water Division, NPDES Permitting Section, ATTN: Kip Tyler, 61 Forsyth Street S.W., Atlanta, Georgia 30303-8960

More organizations opposed to this proposal:

Friends of the Earth, 

Center for Food Safety, 

Center for Biological Diversity, 

Citizens for Sarasota County

Food & Water Watch, 

Hands along the Water

Healthy Gulf, 

Institute for Fisheries Resources, 

National Family Farm Coalition, 

Northwest Atlantic Marine Alliance, 

NY4WHALES, 

Ocean Conservation Research, 

Pacific Coast Federation of Fishermen’s Associations, 

Sanctuary Education Advisory Specialists LLC, 

Sierra Club Grassroots Network 

Are you a registered Voter in Sarasota for 2020?

Getting ready to Vote in 2020

Sarasota County Elections Chief reminds everyone to check their voter status now or get registered to VOTE BY FEBRUARY 18 for the upcoming March 17 Florida Presidential Preference Primary vote.

The details:

Voter Registration Deadline Nearing for March 17 Presidential Primary

The last day for a person to register or to update his/her party affiliation to be eligible to vote in the March 17, 2020, presidential preference primary is Tuesday, February 18, Sarasota County Supervisor of Elections Ron Turner has announced.

Turner recommends that voters confirm before the February 18 deadline that they are registered to vote and that their voter registration information is current. A voter may check his or her voter eligibility at SarasotaVotes.com. Just click on “Voter Information” in the main menu and then on “Voter Lookup” and follow the easy instructions. New paper voter registration applications and party changes must be completed, signed and returned in person to an elections office or postmarked by the February 18 deadline. Applications submitted electronically before midnight on February 18 through RegistertoVoteFl orida.gov will also be accepted.

Applications are available at all three elections offices in Sarasota, Venice and North Port; at public libraries, military recruitment offices, and public assistance offices, and may be downloaded at SarasotaVotes.com. Voter registration applications may also be submitted through any driver's license or tax collector’s office that issues Florida driver licenses or Florida ID cards.

For more, see this Sarasota News Leader update.

From SarasotaVotes.com:

- Polls are open 7 a.m. to 7 p.m. on election day -
IMPORTANT: You must vote in your precinct on election day.

Call or visit us at any of the three elections offices listed here:
(open 8:30 a.m.-5:00 p.m. daily Monday-Friday)

SARASOTA
Terrace Building
101 South Washington Blvd
Sarasota 34236
Tel: 941.861.8600

VENICE
R.L. Anderson Administration Building
4000 Tamiami Trail South
Venice 34293
Tel: 941.861.3760

NORTH PORT
Biscayne Plaza
13640 Tamiami Trail
North Port 34287
Tel: 941.423.9540

Rally: Oppose the Fish Farm Tuesday at Mote

What: Community demonstration in opposition to Kampachi Fish Farms, LLC’s request to construct a fish farm in the Gulf of Mexico.

When: Tuesday, January. 28, 2020

Community demonstration:  4:30 p.m-5:30 pm.  

Park in Mote lot and walk to corner of Ken Thompson and John Ringling Pkwys or stay along sidewalk between the two.  

We will have signs but you can bring your own. Wear blue if you can.

Public hearing:  5:30-9:30 p.m.

We will have small signs for people to hold up during the hearing (so you don't have to make public comment to be "heard."

Where: Wave Center at Mote Marine Laboratory

 1600 Ken Thompson Pkwy, Sarasota, Fla. 34236

Demonstration organizers include the Center for Biological Diversity, Friends of the Earth, Healthy Gulf, Northwest Atlantic Marine Alliance, Sierra Club, Suncoast Waterkeeper, Hands Along The Water and others.

NPR background piece about Fish Farming in the open ocean

Becky Ayech: Citizen's Comp Plan Amendment Workshop Jan. 27

Area of East Sarasota where citizen amendment would reduce density

Rural heritage advocate Becky Ayech has launched a citizen's Comp Plan Amendment - the first such amendment to our basic planning policy to be advanced by citizens. Developers often seek amendments to increase density. This plan is unusual in that it aims to reduce density for an area in East County.  The website is SarasotaCountry.net.

Here's an update from Ayech about the important public workshop coming on Jan. 27:

Becky Ayech

Many of you received the postcard Notice from Sarasota County for the meeting about CPA2019-C. This was the Amendment filed by the Miakka Community Club to have the 6,000 acres north of Fruitville Road and west of Verna Road to be changed to Rural Heritage/Estate allowing a maximum of 1 home per 5 acres instead of the Village/Open Space designation which would allow hamlets with 1 house per 1 acre. 

This meeting is a public workshop being held to discuss the proposed Comprehensive Plan Amendment. Staff is presenting the content of the proposed amendment and to seek comments and suggestions regarding the amendment.

Signs, postcards to the Board of County Commissioners, petitions for the Planning Commission and the info "baby" postcards are available. 

This is the first of a series of meetings. Next is the Planning Commission, the the board of County Commissioners. After they ADOPT the proposed amendment it will then be transmitted to Tallahassee for review and then come back for two additional Board of County Commission meetings. 

We won't have the Staff's review until about two weeks before it goes to the Planning Commission. Date yet to be determined. 

See you on Jan. 27th at 7pm at the Old Miakka Methodist Church, 1620 Myakka Rd, Sarasota, FL 34240.

More background about this initiative

How the developer-loving Planning Commission arrogantly recommended denial of Ayech's petition (Sarasota News Leader)

SarasotaCountry.net

Images courtesy of the Sarasota News Leader

Spare some time?

While Florida builds new highways, and Pat Neal, Hi Hat Ranch and Skye Ranch demand that we pay for new roads, and our Board blesses more pavement, more housing, more cars every chance it gets, a few birds might be threatened in Sarasota. 

With climate change, we're all in the mineshaft, and every bird is a canary.

Sarasota County has a number of advisory boards and councils. 

At the moment, 16 boards have 33 openings. Got some free time? Find one that suits your disposition, and try to help our elected officials see the light. 

Board of Zoning Appeals

Does Sarasota County need lobbyists on panels that adjudicate zoning appeals?

Below is a Jan. 13, 2020 citizen's letter sent to Sarasota County Commissioners in advance of Board reappointing a powerful building industry lobbyist to the Board of Zoning Appeals. Letter below sent 12:30 pm, Jan. 13.  An HT story "Construction advocate on Sarasota County regulatory board is criticized" ran Jan. 13 evening.

TIME SENSITIVE

To: The Board of Sarasota County Commissioners

RE: Reappointment of Jon Mast to the BZA scheduled for Jan. 14, 2020.

Commissioners:

Your agenda for Tuesday, January 14, 2020 calls for you to consider the reappointment of Jon Mast to the Board of Zoning Appeals. Mr. Mast nominated himself July 11, 2017, and was appointed by the Board without Commissioner input. This letter asks that you consider the potential appearance of conflict of interest presented by this BZA member.

Sarasota County Board of Zoning Appeals 11.18.19

The Board of Zoning Appeals is not a mere advisory board. It exercises quasi-judicial authority with power to approve, amend, or deny modifications to approved binding site plans. 

Because of this power to rule on the legitimacy of land uses, this Board’s appointments warrant an extra level of conscientious oversight. The appearance of conflict of interest could jeopardize credibility for a judicial Board. In a document entitled BZASection 23, the County states: 

“no person shall be appointed with private or personal interests likely to conflict with the general public interest.” (2.3.2)

Another document entitled Board of Zoning Appeals Short Course for Board Members states that the Board of Zoning Appeals has “Three Legal Requirements in Exercising Powers”:

Most decisions of the Board of Zoning Appeals are regarded as quasi-judicial decisions.  When they are reviewed by a court, they will be assessed for three criteria (1) whether procedural due process was accorded, (2) whether the essential requirements of law were observed, and (3) whether the findings and decision are supported by competent substantial evidence.  Education Development Center, Inc. v. City of West Palm Beach Board of Zoning Appeals, 541 So. 2d 106 (Fla. 1989). 

On Nov. 18, 2019, I attended a BZA hearing at which a Board Member argued insistently to overturn a decision of Zoning Administrator Donna Thompson. That BZA member is Jon Mast, CEO at the Manatee-Sarasota Building Industry Association, a powerful construction industry lobbying entity.

At the aforementioned hearing, Mr. Mast played a key role in the Board’s decision on the Appeal identified as 19-155651 ZZ. Before he spoke, the board was polled: four members appeared to support Zoning Administrator Donna Thompson’s decision. After Mr. Mast spoke at some length, the vote was called: The Board voted 4-3 to overturn the Zoning Administrator’s decision.

In his discussion, Mr. Mast appealed for interpretive judgment on technical and evaluative matters to a person in the audience. The person whose opinion he sought was neither an independent stormwater expert nor county Staff with the credentials to render an informed evaluation. Rather, Mr. Mast appealed to the appellant Gabbert’s own attorney, William W. Merrill III, asking him whether Mr. Gabbert’s new plan was better than his former plan. I refer you to the hearing video:  http://sarasotacounty.granicus.com/player/clip/4626?view_id=16

At the 1 hour 11-minute mark, Mr. Mast asks Mr. Merrill to interpret the relation of zoning rules to the proposed modification at issue:  (1:11 ff)

At 1:13:40, Mr. Mast asks for Mr. Merrill’s summary qualitative judgment on the matter: 

Mast: “All you want to do is make it better.”

Merrill: “Yes.”

Mr. Mast then personally attested that “over and over and over and over and over” similar stormwater changes have arisen, and that it is normal for them to be ruled as minor changes. He did not point to specific precedents or to staff research on the matter. He simply asserted that similar cases to Mr. Gabbert’s came up “over and over and over and over and over.”

Mr. Mast’s skilled solicitation of an evaluative judgment from Mr. Merrill as to the relative merit of Mr. Gabbert’s new stormwater plan seems to have influenced the final vote. But can Mr. Merrill, the attorney for appellant Gabbert, be considered either an expert on stormwater, or a disinterested observer in this matter? It is open to serious question whether “competent, substantial evidence” was the deciding factor in this instance.

An established protocol should be followed which doesn’t put thumbs on the scale for anyone. We have one: “no person shall be appointed with private or personal interests likely to conflict with the general public interest.” 

Respectfully,

Tom Matrullo

For more on the BZA and this specific hearing, see The Sarasota News Leader, the Herald Tribune (Seidman editorial), and here and here.

Environment and Energy: Bloom, Sellers at CONA 1.10.20

Justin Bloom of Suncoast Waterkeeper spoke about the fish farming operation proposed for offshore of Sarasota - an EPA hearing is set for Jan. 28th at the Mote Wave Center, 5:30 pm. More on this here.

And Sean Sellers of the Suncoast Climate Justice Coalition spoke about what can be done to achieve 100% renewable energy by 2030, and who is getting behind this effort. Sarasota is one of 10 cities in Florida to have committed to government 100% renewable by 2030.


Click here or on the video below for the entire meeting:

This link will take you to Sean Sellers' full power point presentation on the perils facing a world that isn't quick enough on the uptake for renewable energy.

Magic and Mystery, Fishy Farms and thinking about the Quads

Magic, Mystery, Vitality, Complexity . . . These adjectives describe the idiosyncratic heritage of Sarasota, where wealth, intellect, and love of the arts and science went hand in hand with circus flair and echoes of the Italian Riviera, and they're found in the Jan. 2, 2020 New York Times story about the brand new Sarasota Art Museum. Michael Adno reminds us that there's more to Sarasota's storied past than just gated communities, golf, and beer on the beach. We also have seen a stark absence of long range vision from our current Board. How will the massive developments shaping our future alter the lively creative traditions of our past? 

Friday Jan. 10th at CONA: We'll hear updates about the controversial Fish Farming operation seeking a permit off of Sarasota, and on the Conservation Foundation of the Gulf Coast's ideas for the Quad parcels - public lands adjacent to the Celery Fields. Sean Sellers of the Suncoast Climate Justice Coalition will also talk about Ready for 100% - the Sierra Club's move to catalyze our transition to renewable energy. Doors open at Waldemere at 6:30 pm.

Sarasota Audubon is in season high gear and their newsletter is rich with info and activities. As they are working on the Quad parcels with the Conservation Foundation, they offer their own update here.