Some basic planning terms and concepts - via Becky Ayech

Below are some common terms used in Sarasota planning, compiled by longtime activist Becky Ayech. Becky is chair of the Environmental Confederation of Southwest Florida (ECOSWF), and is currently working to protect Old Miakka from being overrun by the expansion of Lakewood Ranch to the East.

QUASI-JUDICIAL

            In the 1980’s, there was a court decision that said rezones and special exceptions are concerned to be quasi-judicial. This meant it is like a court but not as stringent. The decision stated that “facts” not “numbers of people” were what the commissioners would base their decision. (Note: Attorney Richard Grosso will be speaking to ECOSWF about the nature of Quasi-Judicial testimony on January 19, 2025.) 

 

COMP PLAN

Sarasota’s Comprehensive Plan is the vision for the future. It draws upon the core principles of each chapter to help ensure that growth is directed in a manner that is sustainable for Sarasota County, is located where essential services can be effectively provided, ensures that the precious natural environmental systems are afforded the protections necessary to maintain and enhance their function, and takes into account the employment needs and life safety requirements of our residents and visitors.  (V1-201future land use).

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UDC

            The Unified Development Code (UDC) is the document that implements the Comprehensive Plan.

 

DRC

            Development Review Committee.  Departments offer comments on the proposed rezone.

SUNSHINE LAW

            This law requires ALL decisions that the Planning Commission and County Commission are going to be voted on to ONLY be discussed in an open, advertised meeting.

            Mathew Osterhoudt, Director of Planning and Development Services, puts it this way:

                My understanding is that discussions with Commissioners about specific rezones and/or special exceptions that are actively being reviewed/processed are not to occur.  If someone has comments to share, we regularly see letters/emails sent to the Commission, or to staff, and those correspondence are included in the record for the public hearing(s).  Input can always be provided at the public hearing(s) too.

                The Office of the County Attorney routinely advises commissioners not to talk to anyone regarding quasi judicial items coming before them outside of the public hearing. To overcome a presumption of prejudice, any conversation that does occur, should be disclosed. That would include discussions with citizens or applicants.  Regarding your inquiry, when an application for a quasi-judicial matter (such as a rezone or special exception) is filed is a clear date in time, but this advisement is also for any pending applications that are foreseeably being submitted.

            For the correspondence, if folks email or send a letter to the BCC directly then the Commissioners likely see the emails or letters when they are received.  If folks send only to staff, they are included in the published packet.  We also receive correspondence from folks after the publication of the packet, to which we do our best to get that information to the Board ahead of time as well, but that depends on when we receive it.

PLANNING COMMISSION

            Appointed by the Board of County Commissioners.  It is an advisory board only.  It is subject to Sunshine.

Planning Commissioners:

 Adam Maio  Email: Adam.Maio@sarasotaadvisory.net

 Colin Pember  Email: Colin.Pember@sarasotaadvisory.net

 Cullen Morgan  Email: Cullen.Morgan@sarasotaadvisory.net

 Donna Carter  Email: Donna.Carter@sarasotaadvisory.net

 Emmalee Legler  Email:   Emmalee.Legler@sarasotaadvisory.net

 John LaCivita  Email: John.Lacivita@sarasotaadvisory.net

 Jordan Keller  Email: Jordan.Keller@sarasotaadvisory.net

 Justin Taylor  Email: Justin.Taylor@sarasotaadvisory.net

 T. Andrew Stultz  Email: Andrew.Stultz@sarasotaadvisory.net

 Diane Cominotti   Email: diane.cominotti@sarasotacountyschools.net 

 

PLANNER OF THE DAY (You can get questions answered by writing to this address any weekday)

 planner@scgov.net

 

 

THE FOLLOWING ARE THE FINDINGS OF FACTS AS DETERMINED BY THE FACTS THAT HAVE BEEN TESTIFIED TO IN FRONT OF THE PLANNING COMMISSION AND THE COUNTY COMMISSIONERS:

1.The proposed change would/would not be

consistent with the intent, goals,

objectives, policies, guiding principles, and

programs of the Comprehensive Plan;

 

2.The proposed change would/would not

have an impact on the availability of

adequate public facilities consistent with

the level of service standards adopted in

the Comprehensive Plan, and as defined

and implemented through the Sarasota

County Concurrency Management System

Regulations, Chapter 94, Article VII of

Exhibit A of the Sarasota County Code, as

amended;

 

3. The existing district boundaries are/are

not logically drawn in relation to existing

conditions on the property proposed for

change;

 

4. The proposed change will/will not

adversely influence living conditions in the

neighborhood;

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5.  proposed change will/will not create a

drainage or flooding problem;

 

6. There are/are not substantial reasons why

the property cannot be used in accord

with existing zoning;

 

7. It is/is not impossible to find other

adequate sites in the County for the

proposed use in districts already

permitting such use;

 

8. The gradual and ordered growth

contemplated in the Comprehensive Plan

can/cannot be best accomplished through

the approval of a land use which is less

intense than the intensity designated on

the Future Land Use Map of the

Comprehensive Plan;

 

9. The proposed change would/would not

create adverse impacts in the adjacent

area or the County in general;

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10. The subject parcel is/is not of adequate

shape and size to accommodate the

proposed change;

 

11. Ingress and egress to the subject parcel

and internal circulation would/would not

adversely affect traffic flow, safety or

control, or create types of traffic deemed

incompatible with surrounding land uses;

 

12. The proposed change has/has not been

reviewed in accordance with the Interlocal

Agreement with the School Board of

Sarasota County and whether school

capacity has been adequately addressed,

including on- and off-site improvements;

 

YOUR COMMENTS NEED TO BE FACTUAL.  WHAT YOU KNOW PERSONALLY.

YOU CAN BE QUALIFIED AS AN EXPERT WITNESS BECAUSE OF YOUR EDUCATION OR FROM YOUR WORLD EXPERIENCES.

ONLY SPEAK TO THE FINDINGS OF FACTS THAT YOU CAN PROVIDE AS A FACTUAL WITNESS OR AS AN EXPERT WITNESS.

BOTH THE PLANNING COMMISSIONERS AND THE COUNTY COMMISSIONERS ARE JUDGES - QUASI-JUDICIAL.  THEIR DECISION MUST BE BASED ON THE FACTS THAT WERE ENTERED INTO EVIDENCE.  THEY ARE NOT THERE TO TESTIFY ON BEHALF OF ONE SIDE OR THE OTHER.

THE JOB OF THE PLANNING STAFF IS TO HELP APPLICANTS CONFORM/FOLLOW THE REGULATION FOR DEVELOPMENT.  THE STAFF IS PRECLUDED FROM MAKING ANY RECOMMENDATIONS OF EITHER APPROVAL OR DENIAL.  (Years ago, the Staff did make recommendations to approve or deny,)  ONLY THE COMMISSIONS CAN DENY THE APPLICATION.