Town attorney offers legal analysis

Town attorney David Persson informed the Longboat Key Town Commission Nov. 21 that redevelopment applications that come before the town will be in limbo until the town makes changes to its codes and development processes.

In a letter sent to commissioners, Persson said a Sarasota judge’s ruling earlier this month that favored the Islandside Property Owners Coalition’s challenges to code changes means pending applications like the Hilton Longboat Key Beachfront Resort’s application are in limbo.

Persson said there is a Key-wide impact to the finding that the standards for consideration of departures for applications are inadequate.

Properties that wish to develop or redevelop and have certain minimum acreage may avail themselves of an Outline Development Plan (ODP) process, which acts as a planning tool to allow the modification of the standards of a zoning district.

“In my opinion, the first order of business should be to repair the process by which departures are considered in order to achieve a functioning ODP process necessary for future redevelopment and tourism unit allocation,” Persson wrote.

Persson has also suggested sweeping changes to the town’s Comprehensive Plan to make clarifications and points to a future public meeting process that will allow residents the opportunity to provide input on how the Comp Plan should be changed and how residents want the town to look and redevelop moving forward.

“I hope we can put in place whatever is necessary to permit the Hilton overhaul in a timely fashion,” said Vice Mayor David Brenner in an email response to Persson Nov. 22. “

For more information, pick up a copy of Thursday’s Nov. 29 Longboat Observer.