'Opt out' under fire

Allowing landowners to opt out of Hillsborough County's community planning process may render the process meaningless and even expose the county to lawsuits, an attorney for the planning commission says.

The Hillsborough County Commission last week approved The Greater Carrollwood-Northdale Communities Plan, one of several long-term goals developed by residents and property owners in certain regions of the county.

But Michael Zambito, who owns land west of North Dale Mabry Highway, didn't want to be part of the community plan. The county commission decided he doesn't have to and extended the option to all others who choose it, too.

That decision drew a memo of concern from the Hillsborough Planning Commission, appointed by the county commission to provide advice on planning matters.

"If a landowner can opt out at the adoption stage, what is to prevent any land owner from petitioning to opt out a year from now or at some time in the future," wrote Tracy Robin, general counsel for the planning commission.

In fact, if the county commission doesn't allow others to opt out, the county "may be exposed to damage claims for violation of Civil Rights Act."

Don't worry, replied the attorney for the commission. Other community plans already opt out certain parcels.

That's true, the planning commission says, but only for broader land-use reasons, not simply because an owner declines to participate.

"As word gets out about this, I'm afraid people will start opting out and we'll have holes all over the plans," said Lisa Silva, lead planner for the Carrollwood plan.

Zambito opted out, he said, because he doesn't believe the plan will work and does believe it will cost him more money and restrict his use of the property.

The Carrollwood plan focuses on improving North Dale Mabry Highway by creating walking paths for pedestrians, clustered activity centers and light rail to help improve traffic flow.

Not all commissioners agreed with the opt-out provision.

Commissioners Rose Ferlita and Kevin Beckner voted against it.

"I have some serious concerns about the legal issues that were raised in this memo," Beckner said.

Ferlita said she believes it hurts the integrity of the planning process.

"There goes the basis for community plans," she said. "We might as well not have them."