Monday, April 5, 2021

Email regarding a proposed Ordinance to end Citizen Comp Plan Amendments

Email to the Board regarding the County's proposed Ordinance to eliminate citizen-initiated Comp Plan Amendments (CPAs). The author formerly served as a county attorney in Sarasota. For more on this topic, see here and here.

To Board of County Commissioners:

I am saddened by the proposed elimination of a very simple process that allows resident registered voters to join together and propose a comprehensive plan amendment on issues of concern to the public. The existing process in the UDC provides for staff analysis of the proposal so that the issues are reviewed and evaluated to allow for appropriate evaluation by the BCC. It provides a formal way for citizens to approach the BCC with significant public issues and concerns within the Comprehensive Plan. I am surprised that I did not hear any discussion of options to maintain this entry point for the public (for example by requiring a deposit and additional signatures - 100, 200, etc.) instead of eliminating it entirely. This provision was added by a previous BCC because they believed that the public has the right to suggest changes to the Comp Plan that the BCC then determines if they are in the public interest. This seems appropriate since the foundation of all planning is to further the pubic health, safety and welfare and to reflect the community vision desired by residents. The citizen initiated amendment process does not "rezone" someone else's property or trample on anyone's real property rights (instead of imagined ones). Yes, the process does contemplate Comp Plan changes that would affect lands not necessarily owned by the citizens submitting the proposal. That is why the proposal would have to become a publicly initiated proposal of the BCC before approval or adoption. In fact, there have been some "privately" initiated Comp Plan amendments in the past that were not limited to lands owned by the applicant(s). Those are the amendments that I would expect to cause outrage and concern. Not a group of concerned citizens who are motivated by concern for the broader community and maintaining quality of life. I hope that you will consider increasing the requirements for a citizen initiated Comp Plan amendment rather than deleting the option entirely. Thank you for your attention. Sincerely, Susan Schoettle -- Susan Schoettle-Gumm PLLC Sarasota, FL 34240

No comments:

Post a Comment