Humane Society moves closer to buying city lot for dog-walking path

Adjacent to the Humane Society of Sarasota County’s 2331 15th St. location is a city-owned empty lot of which 60% is a stormwater collection easement as designated by Sarasota County. With the remainder of the 1.6-acre property high, dry and wooded, the organization finds it to be an ideal spot for a much-needed dog-walking path.

The HSSC has offered the city its appraised value of $130,000 for the land, a matter that at Thursday’s rescheduled City Commission meeting divided the board by a 3-2 vote.

Nothing against dogs or the organization’s fine work, dissenters Vice Mayor Jen Ahearn-Koch and Erik Arroyo explained. Ahearn-Koch’s opposition was based on the city permanently giving up land that could be used for a higher and better purpose in the future. Arroyo lamented that the price — the value assessed by the city’s own appraiser, who is paid by the proposed buyer — was too low.

With the flooding from Tropical Storm Debby still fresh on their minds, commissioners were concerned about whether the retention pond area could one day be built upon by the HSSC or some other future owner. Those fears were allayed by City Manager Marlon Brown and City Attorney Robert Fournier who said binding language to prevent that will be written into the sales agreement.

Besides, Economic Development and Real Estate Manager Wayne Appleby told commissioners, the county has no intention of allowing that site to be used for any other purpose.

“The county has made it very clear that they intend, and that they need, this stormwater retention pond,” Appleby said. “This is extremely important to their operation. There's a drainage path over here to the right of our property. What the county has said to us is that whatever happens we have to retain what we have there now.”

Although no official survey was provided; the appraisal report assumes approximately 43,668 square feet of the site is used for stormwater retention, leaving about 25,800 square feet at the north end of the parcel eligible for development. The reason for the perceived devalued price is that the remainder of the parcel lacks usable access and would require that to be granted from an adjacent parcel or be assembled with such parcels in the future.

Ahearn-Koch was concerned that the HSSC could build on the north end of the site someday, but David Lynch, the organization’s senior director of operations, said that would defeat the purpose. It wants the land because it currently has no place for meaningful dog walking.

“There’s not much really for a dog-walking path. We make the best with what we currently have, so that's why we made our solicitation to the city to possibly gauge their interest on acquiring that land because that would just be a very fabulous dog-walking path,” Lynch said. “We're always looking to enrich the lives of the animals in our care. So that is our intent with today's meeting and what we intend to do with the acquisition of that land.”

City staff reported the county has indicated no objection to the property transfer, but a purchase and sale agreement clause would need to be included to ensure all appropriate easements and maintenance agreements are in place before closing.

But why spend $130,000 to purchase the land rather than lease it, Ahearn-Koch asked.

“That just wasn't discussed,” Lynch said. “We could bring that back to our internal discussions, but we just thought that it would benefit us more to outright own it and then do as we see fit with it as far as a dog-walking path."

“We could do a lease,” Brown added. “This serves more of a purpose for the Humane Society. They want to use it for the benefit of the animals that they are trying to save, and so it's wasted by keeping it.”

Commissioner Debbie Trice pointed out that selling the property would bring $130,000 to the city’s Affordable Housing Trust Fund whereas lease payments would go into the general fund.

That caught the attention of Commissioner Kyle Battie.

“It's a win-win because that money goes back into affordable housing,” Battie said. “I don’t have an issue with it.”

At the commission’s divided direction, staff will prepare a purchase and sale agreement that will require the commission’s approval before the transaction can be executed. Any language binding the retention area in perpetuity will be part of that agreement.

“Really only half the property is usable,” said Mayor Liz Alpert. “They're paying the appraised value. That's all we can ask them to do. And I'm also not for encumbering future ownership of the property. It has an easement for the stormwater. If something did get built, it would still have to be built to today's standards where stormwater would have to be taken into consideration.”