Sarasota commissioners unanimously reject D.R. Horton settlement for Smith Farm near Celery Fields
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Summary
After hours of public comment, the Sarasota County Commission voted unanimously to deny a mediated settlement that would have approved a lower‑density plan for the Smith Farm adjacent to the Celery Fields, leaving litigation or further mediation as likely next steps.
Sarasota County commissioners voted unanimously Oct. 21 to deny a mediated settlement that would have allowed development on the Smith Farm property adjacent to the Celery Fields.
The decision came after more than two hours of public comment in which dozens of neighbors, scientific experts and conservation groups urged the commission to stand by its earlier denial of a rezoning request and to protect the Celery Fields’ bird habitat and stormwater capacity. Many speakers described repeated flooding in nearby neighborhoods and warned that development on the low‑lying site would increase flood risk.
The settlement would have reduced a previously proposed development and included a binding site plan with 85 homes clustered on part of the property, a 200‑foot buffer along Raymond Road, 45 percent open space and measures intended to reduce lighting and noise. Developer counsel Charles “Charlie” Bailey described the agreement as the product of Florida’s land‑use mediation process and said the revised plan was “a different project” from the one the board denied earlier this year.
Opponents — including representatives of the Sarasota Audubon Society and multiple nearby residents and professional scientists — said the property is largely within the base floodplain and adjacent to world‑class bird habitat created by public investments. Susan Shetley of the Sarasota Audubon Society told the commission the settlement did not cure inconsistencies the board had found in the earlier application and urged the county to explore purchase of the site instead: “We hope you’ll reject this settlement offer and explore all options to purchase the Smith Farm,” Shetley said.
Commissioners weighed competing points about property rights, stormwater engineering and the county’s comprehensive plan. After discussion, Commissioner Mast moved to deny the settlement; Commissioner Smith seconded. The motion passed unanimously.
What happens next: Because the developer invoked Florida’s Land Use and Environmental Dispute Resolution Act (FLUEDRA) and pursued mediation rather than immediate litigation, denial of the settlement returns the matter to the FLUEDRA process. That could mean further mediation or a hearing before the FLUEDRA mediator to determine whether the county’s denial of the rezoning was unreasonable. The county did not adopt any new zoning or mitigation measures as part of the Oct. 21 action.
Why it matters: The Smith Farm sits adjacent to the Celery Fields, a county‑owned stormwater and wildlife area that county and nonprofit partners have invested heavily to restore and promote as an ecotourism destination. Residents and conservationists said the property’s hydrology, recurring flooding, and proximity to nesting and feeding habitat make new development especially consequential for public safety, traffic and the county’s past restoration investments.
What commissioners said: Commissioners framed the vote as a continuation of the earlier rezoning denial and highlighted the need for clear, competent evidence if a different outcome is to be reached. The board did not adopt a purchase or other follow‑up action at the meeting.
Ending: The denial preserves the county’s earlier zoning decision. The case will now proceed through the FLUEDRA process unless the property owner pursues a different legal path. The county did not set a date for any new hearings on the property.
