DCA Proposal

The proposed Anna Maria COMP plan revision continues the assessment of development on Conservation lands on a “case to case” basis. This effectively gives city officials the power to rezone lands from Conservation/Preservation to Residential without a referendum. At best it places too much power in the hands of developers and city bureaucrats, and at worst it is unconstitutional.

The following is an example of how it works in real life:

Last year a property owner decided to build a 3-house subdivision on beachfront property at the end of Park and Beach. The land was zoned “Conservation” and listed as “Preservation” on the FLUP (“No development allowed”). Instead of stating that there might be a conflict with the Zoning and FLUP, city officials (Alan Garret and Bob Welch) sent a letter to the DEP indicating that there were no zoning conflicts with the proposed project. As part of the “Case by Case” evaluation the builder/developer obtained an environmental assessment.

At the request of the developer/builder an environmental assessment of the parcels was performed by the firm Vanessa Hangen Brustlin, Inc. (University Park, Fla) The assessment consisted of a “pedestrian site evaluation” and stakes were placed to delineate where building could occur and where the limits of the E-1 Preservation district should be placed and concluded-- “The areas landward of that line are clearly dominated by undesirable invasive species of limited or destructive ecological value”.

We obtained an environmental assessment of the parcel by Jeff Churchill, principal ecologist of the firm Environmental Analysis and Permitting, Inc (St. Petersburg, Fla.) The soil analysis consisted of “beach sand”. While acknowledging the presence of invasives, there were also comments about dune vegetation, game trails, a small wetland, and active gopher tortoise burrows (endangered in 17 states and threatened in Florida).

The discrepancy between the two evaluations raises several interesting questions:

1. Which evaluation do you think is most accurate?

2. Why did the city officials (Alan Garret, city planner; Bob Welch, building official) send a letter to the DEP stating that there were no zoning conflicts?

3. Does the relationship between the builder/developer and the city building officials determine whether permits will be issued-or is it based on zoning and the FLUP?

4. Does evaluation on a “Case to Case” basis effectively change all Conservation/Preservation lands to Residential – at the pleasure of city building officials?

5. Does it seem like the fox is watching the henhouse if the builder/developer hires the environmental assessment that the city uses to make the permitting decision?

The "case by case" approach to governmental decisions about building issues is filled with the potential for mischief because it invites inappropriate collaboration between developers and municipal employees. It also deprives private citizens of confidence in the reliability and predictability of existing land development plans and in the integrity of their public employees. Zoning laws that place unfettered discretion in the hands of bureaucrats are frequently held to be unconstitutional. Such zoning provisions are a violation of the classic principle that ours is a government of laws and not of men.

Development decisions should be based on existing zoning and Future Land Use Plans, not on the relationships between developers and city officials. The City of Anna Maria currently has a conservation-based FLUP in place which guides its future development. This is its only environmental protection, and it is in the citizens' best interest to keep it intact.

If anyone wants to make comments to the DCA regarding the proposed COMP plan amendment, they can contact Mr. Ray Eubanks (ray.eubanks@dca.state.fl.us) and Mr. Chris Wiglesworth (chris.wiglesworth@dca.state.fl.us) at the DCA and mention Case # -- Anna Maria 11-1. Comments should be made prior to Jan. 8^th.