Distinguishing Property "Rights" from Developer "Wants"

Lourdes Ramirez

Property Rights versus Wants?

The recent investigation by journalist Derek Gilliam of the Sarasota Herald-Tribune (article link) revealed that developers have overly generous access to county officials. These developers often defend their close relationship with taxpayer-funded planning officials by citing the strong property rights protections provided in Florida law and Article 5 of the Constitution, which states that private land may not be taken for public use without just compensation. However, the question remains: is their development request actually a property right, or just what the developer wants?

As the late County Commissioner Nancy Detert once pointed out, "Property rights are what you have." Property regulations govern every inch of Sarasota County, including zoning rules that dictate what kind of structures a property owner can build and operate on their land. For example, if a property is zoned for commercial purposes, there is a long list of businesses that can be built on that land. If it is zoned for residential purposes, the owner can build a residential structure depending on the type of zoning district they are located in (single-family or multi-family). To exercise their property rights, a property owner simply needs to go to the permit office to begin the process of building on their land under the existing rules. However, legal experts confirm that property owners are not entitled to have the government change the rules for them. The type of behind-the-scenes access and planning described in the Sarasota Herald-Tribune article is almost always about changing the zoning rules or our comprehensive plan to make them more favorable for developers. The resulting development applications are to grant developers additional property rights they do not already possess. If the County Commission denies the developer's request, they will not forfeit any property rights since they never had them to begin with. This logic also applies to the claim about taking private property without compensation. The fact is the government cannot take away an existing, vested use of the property or severely diminish its current allowed use, rendering the property essentially worthless. If a property owner requests something that is not permitted on their land at the time of the request, they will not lose anything if that request is denied. Some residents may wonder why a developer cannot take a commercial or residential property and turn it into a park. While it would be nice, if the property is already zoned for commercial or residential use, the developer has the right to build those types of structures on their land. If a developer has land zoned for single-family homes but wants to construct apartment complexes instead, that is simply a desire or a want, and not a property right. In short, typically, whenever there is a public hearing on a property before the County Commission, the owner is requesting a discretionary – not mandatory – approval of something that is not currently permitted as a matter of right under the current zoning regulations or comprehensive plan. To justify the outsized and early influence the development community has over the County staff and elected officials as a simple matter of "protecting private property rights" is a disingenuous attempt to deny the reality of the uneven playing field where the concerns of the affected public are ignored. Remember that the next time there is a public hearing on a proposed development project. It is clearly just something a developer wants and not a vested property right.   The Right Ideals blog (link) Yard signs available  We now have Protect Siesta Key - No Mega Hotels yard signs available. If you are interested in a yard sign or if you have space on a major road for a 4x4 sign, send us an email with your address. ProtectSiestaKey@outlook.com

Another Violation of our Comprehensive Plan? We didn't expect another proposal to increase density on Siesta Key just months after the Circuit Court ruled that Sarasota County violated the Comprehensive Plan. This time, the developer's proposal affects the residential single-family districts on all of the Barrier Islands.  Developer attorneys are again asking Sarasota County to ignore decades-old rules that protect our islands. The Planning Commission (PC) heard a proposal on May 2nd that would create new residential single family lots on the barrier islands (Siesta, Casey, and Manasota Keys) that are not conforming to the current minimum lot sizes. After a tied vote on the proposal, it failed to pass. The next step is a hearing before the County Commission which may happen soon.  The issue is complex, but the bottom line is Sarasota County's Comprehensive Plan allows platted pre-1975 nonconforming small lots to exist as long as lot lines are not changed, or small lots combined to create new nonconforming lots. All residential single family lots platted after 1975 must meet minimum lot sizes. In the new proposal, the developers want to create new residential single-family lots that are too small and does not conform to the current code. They claim all they are doing is rearranging lot lines on nonconforming lots, but our Comprehensive Plan does not allow that. The problem, as we see it, is more than the fact that the County may again ignore decades-old rules to please a developer, it is yet again another proposal to increase density on the hurricane-vulnerable barrier islands. We voiced our objections at the May 2nd PC meeting and will continue to fight this proposed new change when presented to the County Commission.  News & Updates Benderson's Mega-Hotel proposal We are still waiting for County updates or a public hearing schedule on the mega-hotel proposals. While we wait, our team has been working on gathering information and doing research for our upcoming challenge. Changing the Comprehensive Plan is a process. Benderson Development has submitted the 'final' application for their mega-hotel on Siesta Key to County Staff. After staff reviews the application, they will write a report and schedule a hearing before the Planning Commission (Advisory Board). Dates for public hearings have not been scheduled.   Visit the Protect Siesta Key Website