By B.C. Manion
Hillsborough County property owners who want to be excluded from community plans no longer have that option.
The Hillsborough County Commission voted 3-2 on Oct. 12 to delete the option – reversing an action the board took on July 22.
Commissioners Kevin Beckner, Rose Ferlita and Mark Sharpe voted to drop the provision, with commissioners Ken Hagan and Al Higgenbotham dissenting. Commissioners Jim Norman and Kevin White were absent.
The opt-out provision has drawn strong criticism from Lutz activist Denise Layne, who has said it would undermine the community planning process. The community plans for Lutz and Keystone/Odessa are in the process of being updated.
Reviewers from the state Department of Community Affairs saw the provision in two community plans submitted by the county for review.
State planners objected to the opt-out provision in plans for both Seffner/Mango and Brandon.
They said the provision is contrary to state law. They also said that allowing the option of opting out “undermines the guidance for development established by the community plans and will negate their effectiveness in ensuring the long-range viability of these communities.”
Additionally, allowing opt-outs “renders these community plans not meaningful because the community plans are created in order to implement a vision for development in the community.”
State regulators found that allowing individual properties to exclude themselves would lead to incompatible land uses and defeat the purpose of creating a community plan.
Sharpe said “the letter from DCA seems to me to be pretty darn clear.”
Beckner and Ferlita reiterated their objections to the provision.
Preserving the integrity of the community planning process is crucial, Beckner said. Property owners who want to challenge the plan have legal remedies, he added.
“Opt-outs were a mistake,” Ferlita said. “It makes no sense.”
In the 12 years that the county has had a community planning process, 16 community plans have been adopted and no opt-outs have been allowed, said Lisa Silva, principal planner for the Hillsborough County City-County Planning Commission.
Bob Hunter, executive director of the planning commission, suggested the board’s July 22 action was influenced by “electioneering.”
Higginbotham bristled at Hunter’s comment.
When constituents come to him with their concerns, Higgenbotham said he takes them seriously.
Hagan said he favors community planning; however he added, “at the same time, I recognize the process is flawed.”
Sharpe said allowing people to opt out at the end of the process could stymie efforts to involve people during the process.
Instead, they’ll just show up when commissioners are considering the plan and say they want out. When that happens, the board will be stuck because they set a precedent, so the plan will be useless, Sharpe said.
