Commission moves to eliminate citizen-initiated reviews

Commissioners approved holding a public hearing aimed at eliminating a portion of the county code allowing a group of 20 or more registered voters to initiate a comprehensive plan amendment.

The decision came March 9 after a group of developers and development lawyers told commissioners that, if left unchecked, the citizen-initiated process could lead to a chaotic planning procedure.

Bo Medred, the president of Genesis Planning and Development, said that as a developer, he is required to submit an owner affidavit before any development moves forward. The citizen-initiative provision, however, does not require the affidavit, which Medred said could cause misuse and abuse to landowners because it essentially lets voters have a say on what landowners can or can’t do with their property.

“When I discovered this section would permit 20 registered voters to request a comprehensive plan amendment on land they didn’t own or even have an interest in, it caused me great pause, which led to great concern,” Medred said.

Under the current rules, commissioners can decide to move forward with any citizen-initiated change to any land development. If they choose to move forward, staff will run analysis and workshops on the proposed change before commissioners give a final vote.

Members of the Miakka Community Club in 2019 used the provision in an attempt to control density of future developments on about 6,000 acres of farmland, but commissioners ultimately rejected the proposal.

Although many spoke against the provision, a few residents argued that should it be taken away, public engagement in land-use issues would be impeded.

Without much discussion, commissioners agreed to schedule a hearing to modify the language around the citizen-initiated provision.

Michele Norton, the manager of planning and zoning, said staff reviewed other jurisdictional policies and did not find language comparable to the county’s provision. The standard language, she said, is private requests remain a private issue, and future land-use amendments are relegated to the property owner or agent.

Commissioner Nancy Detert expressed concern that petitioners don’t have to be contiguous to the property, which means North Port residents could try to change the future use of land in Sarasota.

“I think most people would be shocked that 20 of their fellow citizens could rezone their property without their permission,” Detert said. “It is kind of un-American.”

Commissioner Mike Moran agreed, stating the provision opens the door to property rights issues.

Although they unanimously voted to move the process forward, commissioners said they are not cutting off public input because residents can still voice their concerns at meetings and workshops throughout the planning process.