A Petition for a Writ of Certiorari was filed on Friday, 1/11/19 with the 12th Circuit Court of Appeal.
A plaintiff with unquestionable standing and affected status was needed. I was asked, and did agree, to be the plaintiff, as I live within 20' of the Benderson property.
This Writ of Certiorari is a request for an order of the court to quash and remand the decision for failure to afford procedural due process and failure to comply with essential requirements of law. A link to the Writ will be made available on the website mentioned above, under the "Updates" tab once amendments are finalized.
To continue go forward with this legal action, we will need additional funding. Morgan Bentley is providing an Attorney Trust account for all donations, without any charge. Having an Attorney Trust account provides a guarantee that all funds will be used correctly and also, returned, pro rata, should they not be fully utilized.
This case is winnable! Our goal is to ensure that development of the land located at the Stickney Point Road/US-41 intersection is developed in a compatible manner with the surrounding residential neighborhoods and retail establishments. It should not be detrimental to their quality of life, health, safety and welfare, nor cause undue hardship for anyone wishing to access Siesta Key.
Your support is crucial and can be accomplished with a check made out to the following:
Bentley & Bruning, P.A
Re: Siesta Promenade Trust Account
783 South Orange Ave, Suite 300
Sarasota FL 34236
Thank you,
Sura Kochman
Pine Shores Neighborhood Alliance
This is wonderful & very much appreciated as it will be in our backyard! I was just reading the page of Ralf Brooks last night & as a 6th generation Floridian my interpretation of his writing is he really cares about Florida! Also in reading some qualifications for "variances" & or special exceptions, it was stated that they could be allowed only if the site could not be used for the zoning it has. One has to wonder why BOCC has so much power over "Our lives". It almost seems that in the future they could deem our neighborhood to be "sub-standard"? Also it seems the developer who is already deep in our pockets will be even deeper see below. My last comment would be "They Lied" They said there was no septic tanks on property, there is approx. 150-200 at least! After the removal of mobile homes a utility vehicle strayed off the roads & dropped into 1. When we notified that the Co. would be storing pipes etc. for Phillipe Creek project there, I called them & told them to "Stay on paved roadways & the reason why". I am so happy to learn that the Mr. Ralf has become involved, my gracious gratitude sir!
ReplyDeleteHere are the ways they'll get deeper in our pockets! (j) Identify and adopt a package of financial and local government incentives which the local government will offer for new development, expansion of existing development, and redevelopment within the urban infill and redevelopment area. Examples of such incentives include:
ReplyDelete1. Waiver of license and permit fees.
2. Exemption of sales made in the urban infill and redevelopment area from local option sales surtaxes imposed pursuant to s. 212.055.
3. Waiver of delinquent local taxes or fees to promote the return of property to productive use.
4. Expedited permitting.
5. Lower transportation impact fees for development which encourages more use of public transit, pedestrian, and bicycle modes of transportation.
6. Prioritization of infrastructure spending within the urban infill and redevelopment area.
7. Local government absorption of developers’ concurrency costs.
In order to be authorized to recognize the exemption from local option sales surtaxes pursuant to subparagraph 2., the owner, lessee, or lessor of the new development, expanding existing development, or redevelopment within the urban infill and redevelopment area must file an application under oath with the governing body having jurisdiction over the urban infill and redevelopment area where the business is located. The application must include the name and address of the business claiming the exclusion from collecting local option surtaxes; an address and assessment roll parcel number of the urban infill and redevelopment area for which the exemption is being sought; a description of the improvements made to accomplish the new development, expanding development, or redevelopment of the real property; a copy of the building permit application or the building permit issued for the development of the real property; a new application for a certificate of registration with the Department of Revenue with the address of the new development, expanding development, or redevelopment; and the location of the property. The local government must review and approve the application and submit the completed application and documentation along with a copy of the ordinance adopted pursuant to subsection (5) to the Department of Revenue in order for the business to become eligible to make sales exempt from local option sales surtaxes in the urban infill and redevelopment area.
(k) Identify how activities and incentives within the urban infill and redevelopment area will be coordinated and what administrative mechanism the local government will use for the coordination.
(l) Identify how partnerships with the financial and business community will be developed.
(m) Identify the governance structure that the local government will use to involve community representatives in the implementation of the plan.
(n) Identify performance measures to evaluate the success of the local government in implementing the urban infill and redevelopment plan. Continued on next post
(4) In order for a local government to designate an urban infill and redevelopment area, it must amend its comprehensive land use plan under s. 163.3187 to delineate the boundaries of the urban infill and redevelopment area within the future land use element of its comprehensive plan pursuant to its adopted urban infill and redevelopment plan. The state land planning agency shall review the boundary delineation of the urban infill and redevelopment area in the future land use element under s. 163.3184. However, an urban infill and redevelopment plan adopted by a local government is not subject to review for compliance as defined by s. 163.3184(1)(b), and the local government is not required to adopt the plan as a comprehensive plan amendment.
ReplyDelete(5) After the preparation of an urban infill and redevelopment plan or designation of an existing plan, the local government shall adopt the plan by ordinance. Notice for the public hearing on the ordinance must be in the form established in s. 166.041(3)(c)2. for municipalities, and s. 125.66(4)(b)2. for counties.
(6)(a) In order to continue to be eligible for the economic and regulatory incentives granted with respect to an urban infill and redevelopment area, the local government must demonstrate during the evaluation, assessment, and review of its comprehensive plan required pursuant to s. 163.3191, that within designated urban infill and redevelopment areas, the amount of combined annual residential, commercial, and institutional development has increased by at least 10 percent.
(b) If the local government fails to implement the urban infill and redevelopment plan in accordance with the deadlines set forth in the plan, the state land planning agency may seek to rescind the economic and regulatory incentives granted to the urban infill and redevelopment area, subject to the provisions of chapter 120. The action to rescind may be initiated 90 days after issuing a written letter of warning to the local government. Also Mr Ralf's site I wandered upon last night https://www.zoninginflorida.com/?_escaped_fragment_=