Commission rejects D.R. Horton FLUEDRA settlement; developer’s revised rezone will require new public hearing if pursued
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Summary
The commission rejected a mediated settlement that would have allowed a revised rezone for the Smith Properties (near the Celery Fields); rejecting the settlement returns the dispute to mediation under Florida’s land-use dispute statute.
The Sarasota County Commission voted unanimously to reject a settlement agreement arising from a Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA) proceeding involving the Smith Properties (a 50-plus acre parcel near the Celery Fields).
Background: The property owner sought rezoning for a residential project. The applicant and staff had negotiated a revised binding conceptual plan under FLUEDRA mediation that reduced density and included buffers, stormwater commitments and other design measures. During the meeting counsel for the applicant described a redesigned project with 85 units, about 45% open space, a single access point from Raymond Road and extensive littoral and stormwater treatments.
Board action: Commissioner Mast moved to deny the settlement; Commissioner Smith seconded. The motion to deny the settlement passed unanimously. County counsel told the board that, because the applicant filed a FLUEDRA petition, the rejection means the matter will return to the full mediation hearing process (administrative hearing under the statute) to determine whether the county’s prior development order was unreasonable or unfairly burdensome. If the board accepts a future settlement, the commission would conduct a new public hearing on any revised rezone with a binding development concept plan.
What commissioners said: Commissioners expressed concerns about floodplain impacts and wanted to preserve the existing Celery Fields viewshed and water-quality protections. The applicant’s representative emphasized stormwater and design commitments proposed in the revised plan but the board chose to return the matter to the FLUEDRA hearing process rather than adopt the mediated settlement.
Next steps: The parties return to mediation and the FLUEDRA proceeding; any new settlement accepted by the board would require a new public hearing on the rezone application.