Commission Grants Alta Vista Residents Hearing To Appeal Walmart

The City Commission will hear out arguments why Walmart should not be built at the Ringling Shopping Center.

The City Commission voted the required super majority vote 4-1, to allow the hearing. Commissioner Paul Caragiulo voted against. A subsequent vote determining the aggrieved parties in the appeal passed 5-0.

"We have concerns about the increased amount of traffic that will go though with a store this size," said Bob Turffs, attorney for the appellants.

The earliest a de novo hearing can be held is Feb. 4.

The appellants are officially: 

• Candy Spaulding, President, Alta Vista Neighborhood Association. Office manager of Country Store Interiors, but does not officially represent the store. 
• Juanita Rawlinson, Secretary and past President, Alta Vista Neighborhood Association. President of Sarasota Coalition of City Neighborhood Associations.  
• Pat Kolodgy, Sargent at Arms & past President, Alta Vista Neighborhood Association and employee at Publix, but does not represent Publix
• Kelly Kirschner, past President, Alta Vista Neighborhood Association, former mayor and dean of Special Programs at Eckerd College  
• Jerry Sparkman, partner, Sweet Sparkman Architects, 2168 Main Street 
• Marian A. Maxson Martin, neighbor, 1329 S. Brink Avenue. Works at Allen Real Estate Services but not an official representative of that firm in this matter.

Developer Ron Burks is listed in a Nov. 25 email from Kirschner to the city as another party involved in the appeal, but his name does not appear on the updated materials before the commission. Kirschner also requested at Monday's meeting that the Alta Vista Neighorhood Association be listed, but that request was not granted.

"I think anyone who lives in that neighborhood whether they live in a property next to it or 500-600 feet away will be affected seriously by this project for better or worse," Commissioner Terry Turner said.

The Planning Board approved the Walmart site plan Nov. 14 by a 3-2 vote. Planning Board member Jennifer Ahearn-Koch opposed the plan because she believed Walmart met the definition of a department store, which wouldn't be allowed in the neighborhood commercial zoning. Planning Board member and City Commission candidate Susan Chapman also believed the plan didn't meet the definition for a "small-scale development" in the code. Those reasons are what fueled the Alta Vista-based complaint.

The commission can either affirm the Planning Board's decision, affirm it with modifications/conditions or reverse the decision. The commission's decision to grant a hearing only means that the commissioners have some sort of doubt in their mind that either an inappropriate criteria might have been applied to the Planning Board's decision, someone wasn't granted due process or that the decision wasn't based on competent, substantive evidence, City Attorney Robert Fournier said.

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The appellants said in its appeal letter why Walmart should not be allowed:

The City report advocating approval of the site plan references Walmart as a "Large Store"  which is defined in the Code as a retail store of 25,000 square feet or more. However, this use is not listed among the permitted uses in the Neighborhood Commercial Shopping Center Zone.

Nor can the  proposed Walmart Store be classified as a “Department Store” defined in the Code as a retail store greater  than 15,000 square feet, as this use is prohibited in the zone. A variety retail store is permitted in the zone  but by definition such a store is less than 15,000 square feet.  

The proposed Walmart Store also fails to  qualify as a shopping center, which by definition includes at least five storefronts connected or  freestanding. The existing structure on the subject site is larger than 15,000 square feet.  The existing structure on the  subject site was built prior to 1974 and is being completely demolished.  The parcel was zoned CSC-N in  1974.  The proposed structure on the subject site is larger than 15,000 square feet. 

 at the site and wants to construct it by razing the center and build 100 percent new, which Alta Vista contends eliminates any sort of grandfathering at the site.

Attorney for Walmart Jim Porter argued the parties should not have been allowed its appeal because it was done by email, but Fournier said that the City Code is "silent" on the issue and the city accepts it as the electronic requests are now a "routine practice."

Even if the decision is reversed at the hearing, Walmart also has the right to take the case to court to appeal. The parties have the right to file a Petition for Certiorari with the Circuit Court within 30 days after the mayor signs a resolution announcing the decision of the commission. 

Walmart officials said earlier this year that construction would take a year, and the targeted opening date is in 2014, but that could be placed in jeopardy. When open, as many as 250 to 300 people would be hired. 

This would be the first Walmart Supercenter in city limits and the second Walmart in city limits now that the Walmart Neighborhood Market opened in September.

• Walmart Proposes 'Small Supercenter' At Ringling Shopping Center
• Proposed Ringling Boulevard Walmart Moves Forward
• VIDEO: Walmart Discusses Proposed Sarasota Supercenter
• Proposed Walmart Gets Planning Board Date
• Planning Board Approves Ringling Blvd Walmart Site Plan
• Alta Vista Neighbors Set To Request Walmart Appeal
• BLOG: What Kind of Shopping Would You Put on Ringling Boulevard?
• BLOG: Ringling Shopping Center's Demolition Is End of an Era For LTM Party