Wal-Mart appeal headed to public hearing

Kudos to Sarasota City Commissioners Willie Shaw, Terry Turner, Shannon Snyder and Mayor Suzanne Atwell for the 4-1 vote allowing an appeal of the site plan approval that if left unchallenged would have allowed the construction of a “small” Wal-Mart SuperCenter in the old Ringling Shopping Center located at 2260 Ringling Blvd.

The commissioners’ decision was an acknowledgement of respect for the concerns of the residents that live in the vicinity of the proposed project who cited concerns about the increased traffic, noise and other potentially negative aspects associated with a “big box” store that operates 24 hours a day.

More importantly, commissioners are allowing due process to be carried out in regard to the claim that the scale and scope of the proposed project is in direct violation of the city’s building code. Allowing a development to move forward in violation of that code would send a troubling message to citizens and developers alike.

Paul Caragiulo was the lone commissioner to oppose the requested appeal when the matter was decided at the Jan. 7 city commission meeting. He provided no insight as to why he voted against the appeal, nor was he required to do so.

The 4-1 decision is an example of democracy at work and it illustrates the true purpose of local government.

When the dust settles, Wal-Mart officials may or may not have the right to proceed with their project, but this is a matter that needs to be decided by elected and salaried city commissioners rather than the five citizens appointed by commissioners to serve on the city Planning Board.

The Planning Board’s purpose is to assist the City in the approval of development projects, but these volunteers should not be asked to serve as the ultimate decision makers in regard to what type of development is allowed within the city limits. In this particular case, there are questions as to whether the three planning board members that supported the proposal erred in approving a site plan that is alleged to be out of compliance with city code.

Before commissioners decided whether they would grant a public hearing on this matter, City Attorney Bob Fournier explained that voting in favor of scheduling a public hearing was not a vote for or against the proposed development. The merits and legality of the project will now be determined during a public hearing to take place at a future city commission meeting. According to the City’ Clerk’s office, a specific hearing date had not yet been determined as of Monday afternoon, but it is possible (and likely) that the hearing will take place in February.

During the public hearing, the six individuals listed as “aggrieved parties” on behalf of the Alta Vista Neighborhood Association will have the opportunity to make their case that the building code does not allow the proposed use. The aggrieved parties include Candy Spaulding (president of the Alta Vista Neighborhood Association), Juanita Rawlinson (secretary and past president), Pat Kolodgy (past president), Kelly Kirschner (past president and former mayor), local architect Jerry Sparkman and “neighbor” Marian Maxson-Martin.

Local attorney Bob Turffs  represented the aggrieved parties at the City Commission meeting  and will represent the group at the public hearing as well. These folks will also have plenty of public support from the Gardens of Ringling Park and Alta Vista neighborhoods and the general public will be allowed to address commissioners during the hearing.Tampa attorney Jim Porter represented Wal-Mart at the recent commission meeting and you can bet your bottom dollar that Wal-Mart will send a talented and well-compensated legal team to argue their case before commissioners.

If commissioners ultimately decide that the proposed project is in violation of the city building code and deny the site plan, it’s back to the drawing board for the Wal-Mart group.

According to opponents' interpretation of the code, the old Publix store cannot simply be torn down and replaced with a structure of similar size. If that's the case, the developers would still have the right to demolish 25 percent of the old building and retrofit the remaining 75 percent if they want to move forward should the current plan be rejected. They could also design a smaller, more compatible project or back out of the project altogether.

According to the Property Appraisers office, the California-based ownership group has not yet sold the property to Wal-Mart. The pending sale is believed be dependent on final approval of the proposed development project.

This is going to be an interesting fight. When the public hearing takes place, our five elected commissioners will be under a great deal of scrutiny from both media and the public. Given that the New York Times recently reported that Wal-Mart officials bribed government officials in Mexico, any improprieties or violations of existing city code will certainly raise eyebrows here at the local level.

Mayor Atwell’s final vote on the matter could impact her reelection efforts. Voting for the city elections for the two at-large commission seats begins in March and this is sure to be a hot-button topic on the local campaign trail leading up to the elections.

Citizens Appreciate Decision

Monday afternoon, Jerry Sparkman provided his reaction to the decision to hear the appeal, saying, “I was thrilled because it meant they were willing to grant the neighbors a voice in the matter and hear their concerns.”

Sparkman believes the matter comes down to whether the site plan conforms with the zoning code.

“The issue is that the zoning allows for department stories up to 15,000 square feet and the proposed plan is 98,000 square feet … six and a half times what’s allowed,” he said.

As for what grounds commissioners might have to approve the proposed development, Sparkman said, “They would have to show how that meets the intent of the zoning and from our read it does not.”

Sparkman said he and the other aggrieved parties plan to participate in the public hearing.

Kelly Kirschner was also pleased with the decision to hear the appeal.

“We’re grateful that commissioners reflected their community in voting for it,” he said. “We were hoping for a unanimous vote. We’re not sure why Commissioner Caragiulo didn’t vote for it, but we certainly got the four votes and we’re appreciative that they’re going to allow a full vetting of this case.”

When contacted Monday, Commissioner Caragiulo said, "I will not be commenting on the issue prior to the public hearing."

Kirschner said former City Planner Mike Taylor has stated that this should be an “open and shut case.”

Sharing his own interpretation of the zoning code, the former mayor said, “Here in in 1974, the City was pretty thoughtful and conscientious in saying they didn’t want that type of big box retail in this location so close to the urban core.”

Public input during the hearing will likely include personal opinions about hours of operation, traffic, noise, light pollution and philosophical opposition to Wal-Mart and/or big box stores as a whole, but given the “quasi-judicial” nature of the hearing, the commission’s final decision must be based upon “competent and substantial evidence.”

Responding via email, Gardens of Ringling Park resident and Pastry Art owner Forrest Shaw said this of the decision:

“First, I would like to thank the city commissioners for recognizing the need to allow the appeal process to move forward. At a time when economic feathers in one's caps are few and far between, this took backbone to support, even though it was the obvious decision.

“This decision does mean a lot to the neighborhood and it gives the affected parties and the community at large an opportunity to weigh in on the quality of life issues as well as the zoning issues that need to be addressed regardless of who develops this site.

“I'm confident that the appeal will create a better outcome for the Ringling Shopping Center than if it were not granted. Regardless whether or not the current applicant decides to move forward seeking a variance to build, I would like to see the City's new Economic Development Director, Norman Gollub, become familiar with the Ringling Shopping Center site to identify and potentially court a more appropriate use or uses that would contribute to the local economy in a greater degree.

“This is an opportunity for neighbors, community leaders, commissioners, economic advisers and investors to bring a great historic site into the 21st century. The possibilities abound, although it may take a fresh zone district to accomplish something worthy of the location.”