Preparing the Memorandum of Error

Week 2 — August 8–14 Daily Nuggets

The second week focuses on the most important document submitted by a petitioner: the Memorandum of Error. Residents will learn why general opposition is not enough, why specific County Code citations are required, and how to explain the connection between a Code requirement and an alleged project deficiency. The week also explains corrective actions and the fourteen-day filing deadline.

Daily topics include:

• What the Memorandum of Error is

• Why specific Code citations matter

• The difference between the Land Development Code and Comprehensive Plan

• How to identify a proper Code citation

• How to explain why the project allegedly fails a requirement

• How to propose corrective actions

• Why the fourteen-day deadline is critical

Main message: A successful Memorandum of Error must be timely, specific, Code-based, supported by project evidence, and focused on possible corrective measures.

August 8

What Is the Memorandum of Error?

Why This Matters

The Memorandum of Error is the most significant document a petitioner submits during the Development Order Hearing process. While the petition begins the process, the Memorandum of Error explains why the petitioner believes the proposed Development Order does not comply with the applicable County Code provisions.

The County's procedures also state that, at the Development Order Hearing, the petitioner's arguments are limited to the objections raised in the Memorandum of Error. This underscores the importance of preparing it carefully and completely.

Understanding the County's Procedure

The Memorandum of Error must generally include:

• The petitioner's information. 

• The Statement of Objection from the petition. 

• The specific Code requirements and provisions by citation that the petitioner believes are not satisfied. 

• The reasons the proposed Development Order is inconsistent with those cited provisions. 

• Any corrective actions that could address the identified concerns. 

The County's procedures further provide that failure to submit the Memorandum of Error within the required time frame may result in the petition being considered abandoned and withdrawn.

Why This Requirement Exists

The Memorandum of Error serves several purposes:

• It focuses the issues before the hearing. 

• It provides notice to the applicant and County staff. 

• It allows time to evaluate the concerns before the Planning Commission meeting. 

• It encourages discussions that may resolve issues without a contested hearing. 

Practical Example

If a petitioner believes the proposed Development Order is inconsistent with County buffering requirements, the Memorandum of Error would identify the applicable Code section, explain how the petitioner believes the proposal falls short, and suggest potential corrective measures, such as enhanced buffering or revised site design.

Questions Residents May Wish to Consider

• Have you identified the applicable Code provisions? 

• Have you explained why you believe the proposal is inconsistent with those provisions? 

• Have you proposed practical corrective actions where appropriate? 

Key Takeaways

The Memorandum of Error is the foundation of the petitioner's presentation. It defines the issues that will be considered during the Development Order Hearing.

August 9

Why Code Citations Matter

Why This Matters

A Development Order Hearing is not a general public opinion forum. Under the County's procedures, objections are directed to compliance with the County's development regulations. For that reason, identifying the specific Code provisions at issue is a central part of the Memorandum of Error.

Grounding objections in the applicable Code helps focus the discussion on standards that the County is responsible for applying.

Understanding the County's Procedure

The Memorandum of Error calls for the petitioner to identify "the specific Code requirements and provisions by citation" that are the basis of the objection. This means pointing to the relevant sections of the Land Development Code, and where applicable, other County requirements incorporated into the Development Order review process.

The procedure also notes that objections under this process are to the County Code. It separately states that assertions regarding consistency with the Comprehensive Plan are to be made as specified in section 163.3215, Florida Statutes.

Why This Requirement Exists

Using specific citations helps:

• clarify the issues, 

• allow staff and the applicant to respond, 

• create a focused record for the hearing, 

• distinguish policy concerns from Code compliance issues. 

Questions Residents May Wish to Consider

• Which County Code section relates to your concern? 

• Does the cited provision apply to the project? 

• Can you explain the connection between the Code language and the project plans? 

Key Takeaways

Specific Code citations provide the framework for a meaningful Development Order Hearing and help ensure that the discussion addresses the standards the County is charged with applying.

August 10

The Comprehensive Plan and the Land Development Code: Understanding the Difference

Why This Matters

Residents often hear both terms used during development reviews, but they serve different purposes. Understanding the distinction helps citizens identify the appropriate basis for their comments and understand how the County evaluates proposed developments.

Understanding the County's Procedure

The Land Development Code contains many of the detailed development standards that are applied during administrative review, such as subdivision design, engineering requirements, and other development regulations.

The Comprehensive Plan is the County's long-range policy document. It establishes goals, objectives, and policies that guide future growth and development. The County's procedures note that assertions or challenges regarding Comprehensive Plan consistency are addressed through the process specified in section 163.3215, Florida Statutes.

Why This Distinction Is Important

A concern may involve:

• a specific technical requirement found in the Land Development Code; 

• a broader planning policy found in the Comprehensive Plan; or 

• both. 

Recognizing which document applies helps residents prepare more focused and effective comments.

Questions Residents May Wish to Consider

• Does your concern relate to a specific development standard? 

• Does it involve a broader planning policy? 

• Have you identified the appropriate source for your concern? 

Key Takeaways

The Land Development Code and the Comprehensive Plan work together but serve different roles. Understanding that distinction is an important step in participating effectively in the Development Order process.