City Halts 'Fast-Track' Zoning Amendment

Last night the Sarasota City Commission voted 3-2 against a that, if passed, would have resulted in zoning code conflicts always favoring the developer/applicant.

"Moving forward with this is not a prudent course of action," said Vice Mayor Terry Turner.

During the summer it was Turner and commissioner Shannon Snyder who said it was critical for the city to become more "pro-business." A zoning text amendment was proposed.

“In case of any conflict in limitations, restriction or standards applying or interpreted to apply to an individual use of property or a structure, provisions shall be applied in a manner most favorable to the property owner or applicant.”

"I supported starting down this road in the informal meeting," Turner said. "We all want to take a more positive approach to reviving our economy."

However, Turner said after taking a closer look at the amendment, it could lead to the city having litigation problems. "I'm [now] quite concerned about changing this. This could be a significant detriment to our community."

Both Snyder and Turner voted against the amendment Monday evening.

In August, when commissioners asked staff to draft the zoning text amendment, the commission felt zoning code conflicts had scared businesses away from Sarasota. The amendment, they said, would start to change that perception.

After that decision, however, the Coalition of City Neighborhood Associations and the Sarasota Planning Board both shot down not only the ordinance, but also the "fast-track" course it was on.

For example, if one zoning code said a setback must be 100 feet and another says 150 feet, the city must enforce the 150-foot code. If the proposed text amendment had passed, the city would automatically say the developer could have a 100-foot setback.

At a September CCNA meeting, the association voted 15-4 against the 'fast-track' proposal. Just a few days later the as well.

Planning board member Morton Siegel at a September meeting said approving the measure "as-is" would open up the city to litigation, which would only eat up staff time and city resources.

“It’s a tilted standard that creates a preponderance that could affect the code in more than just this way,” he said. “This is an example of passing legislature that can open up a can of worms.”

On Monday night, Mayor Suzanne Atwell said she was in favor of the amendment because of the negative perception developers generally had of Sarasota. 

"The rhetoric, sometimes, is the reality," Atwell said. "I don’t think this will blossom into anything radical. I think this is powerful if we make this statement."

The city has already worked to in order to appeal to developers. City manager Robert Bartolotta is also now hosting .