Citizens request appeal of Wal-Mart site plan approval

Residents of the Alta Vista neighborhood gathered their forces and appeared at the Dec. 3 Sarasota City Commission meeting to express opposition to plans to build a Wal-Mart Supercenter in the vacated Publix plaza on Ringling Boulevard.

The commission meeting also saw a resident and two downtown business owners address commissioners during a public hearing pertaining to changes to downtown parking regulations.

The Alta Vista neighborhood is not directly adjacent to the proposed building site, but folks living in that neighborhood live close enough to the proposed Wal-Mart location to be concerned about traffic, noise, light pollution and other related matters.

The Gardens of Ringling Park is the neighborhood closest to the vacant Publix plaza, but they do not have a viable neighborhood association, nor is there as much public opposition to the plan in that neighborhood.Alta Vista Neighborhood Association President Juanita Rawlinson was the first of 12 people to request that city commissioners hold an appeal hearing pertaining to the City of Sarasota Planning Board’s recent 3-2 approval of the site plan that would allow the construction of a 98,000 square foot Wal-Mart Supercenter.

In order for an appeal to take place, at least four of the five city commissioners will have to decide by a “super majority” vote that the appeal will be heard---a vote that is expected to take place at the Jan. 7 meeting.

If commissioners do not grant the appeal, the Wal-Mart will be built---and for all intents and purposes, the battle over.

Spelling out the reasons behind the organized neighborhood effort, Rawlinson said, “For a number of reasons, the Alta Vista neighborhood is requesting that the City Commission vote to hold a hearing on this issue to allow a full vetting of this project and to ensure compatibility to our neighborhood.”Alta Vista Neighborhood Association Vice President James Portman shared his belief that the city zoning code does not allow the construction of a “department store” larger than 15,000 square feet at the location in question, nor does he feel the plan is in tune with the neighborhoods surrounding it.

“It is the complete opposite of what small-scale retail implies as well as complete opposite of what the zoning code calls for in sensitivity and operating hours,” he said, noting that plans call for the store to be open 24 hours a day.

Alta Vista resident Maxine McLawhorn told commissioners that association members voted 25-1 in support of an appeal of the planning board ruling.

“The neighborhood now must pay $1,600 just to have the ability to ask the commission to hold a new hearing on this,” she explained. “While there is a steep cost for a working-class neighborhood, we are willing to pay it in order to have the concerns heard by our elected representatives.”Michael Jones shared his belief that the proposed location is not suitable for a Wal-Mart, citing concerns about increased traffic due in part to shoppers coming from outside the immediate area.

“I don’t believe the demographics are quite right for a Wal-Mart right there,” he said, also suggesting that the neighborhood will not buy into the Wal-Mart business model.

“I don’t think it supports the commission’s vision for what they want downtown Sarasota to become in the future and I think it will be another mistake, like the parking meters,” Jones said. “Not only that, I foresee Wal-Mart pulling out in about two years. I don’t think they’re going to be successful right there. The community around there isn't really Wal-Mart-type shoppers.”

Local architect Jerry Sparkman said, “I think the issue we’re talking about is compatibility and what’s right for the neighborhood. When you look at your zoning code you’ll find out this is not permitted.”Sparkman shared his interpretation that the city zoning code that applies to the removal of an existing 97,000 square foot building (the old Publix) does not automatically mean you can replace it with a new structure of a similar size. He stated that a department store larger than 15,000 square feet constitutes a “non-conforming use.”

If challenged, Wal-Mart will likely contend that they are not a “department store,” presenting yet another potential issue for commissioners to weigh in on.

After acknowledging that he doesn’t attend many city commission meetings, Steve McAllister said, “I recognize at first glance that seems like a great idea to have something so convenient in Sarasota, but that is unlike anything Sarasota have ever done to define itself, to use that kind of structure in the downtown area, and that kind of business as an anchor of what we want to do,” he said. “It really doesn’t represent who we are as people and I really think we need to look at that again and have more community input on how that’s going to affect us.”

According to City Attorney Bob Fournier, the Alta Vista Neighborhood Association has filed the proper paperwork and has paid the $1,600 appeal fee.

It is now up to commissioners to decide if they will even hear the appeal, and it is not certain that they will. During the commissioners' reports that took place at the end of the commission meeting, none of the commissioners expressed public support for the appeal.

If the appeal is heard, we will learn whether commissioners lean more in favor of neighborhood preservation and high design standards, or more in favor of economic stimulus, job creation (say what you will about Wal-Mart’s wages and hiring practices) and additional tax revenues for the city coffers.