Grand Lakes draws two lawsuits for "promoting sprawl"

PRESS RELEASE -- August 13, 2018


Citizens’ Group Files Two Lawsuits to 
Stop Pat Neal’s Grand Lakes 2050 Village Development

Two lawsuits filed against Sarasota County on Friday, August 10, 2018, by a group of affected neighbors will likely put a 1,100 home subdivision in east Sarasota County on hold.

The Sarasota County Board of County Commissioners approved the Neal Village development, known as Grand Lakes, on July 11, 2018, in a series of 4-1 votes.  Casting the dissenting votes, Commissioner Charles Hines asked: “Where is the walkability?  Where is the compatibility?  Where is the connectivity with the larger overall village?”

The 2050 Village concept is an optional development framework that permits additional density.  This extra density is in exchange for  public benefits that guide development in the rural areas east of I-75 into compact, mixed-use, pedestrian friendly villages by protecting large areas of open space, and ensuring that supporting infrastructure is paid for by the development.

A large group of Serenoa, Serenoa Lakes and nearby large lot homeowners, along with Twin Lakes Park users, presented their objections during the public hearings leading up to the commissioners’ July decisions.

Developer Pat Neal

The citizens group says that Pat Neal’s privately initiated comprehensive plan amendment, which enabled the rezoning to proceed, violates the county’s long-range growth plan. They also say the rezoning itself violates several of the county’s zoning regulations.

The comprehensive plan amendment lawsuit requests that the State of Florida hold an administrative hearing to find that the Neal amendment is inconsistent with the other goals, objectives, and policies in the county’s comprehensive plan because eliminating the village mixed-use requirement promotes urban sprawl.

Eliminating the mixed-use requirement was previously considered in 2014 during a public initiative known as 2050 Revisited. At that time, several large landowners and developers, including Neal, proposed eliminating the mixed-use center. County staff rejected the developers’ proposal because staff’s analysis determined that, without direct access to a commercial center, a core 2050 plan principle would be violated.

Grand Lakes Map

Nothing has changed since 2014.  Nevertheless, when Neal proposed eliminating the mixed-use requirement as a privately processed amendment, the 2018 county staff reported that they had no objections and recommended approval.

The second (rezoning) lawsuit asks the Sarasota County Circuit Court to reverse the rezoning approval because the Grand Lakes application did not satisfy the protected open space and non-residential use requirements in the county’s village zoning regulations.

The petitioners’ attorney, Ralf Brookes, says the outcome could have major implications throughout the county for future 2050 village development.

The Manatee-Sarasota Sierra Club, a leading environmental group, and 1000 Friends of Florida, Inc., a leading smart growth advocate, see the merits of the lawsuits and are providing financial support and legal assistance in the Grand Lakes challenges.

David Anderson, spokesperson for the petitioners, says, “It is a shame when citizens have to dig into their own pockets just to make sure the planning officials follow their own rules.  It is very discouraging that the commissioners ignored the merits of our arguments and approved the Grand Lakes proposals, so, our only recourse available is very costly litigation.”

For more information contact:

David Anderson, President, Serenoa Lakes,
941-921-9302  mdanderson4@verizon.net

A Road to Nowhere

The Ibis Street Thoroughfare Comprehensive Plan Amendment No. 2017-F comes before the County on Wednesday, April 25 -- it will be found under item 7 on the Board agenda.

Comment by R.N. Collins:

The Sarasota Board of County Commissioners will take the first step towards building a road to nowhere if it approves the Ibis Street Thoroughfare Comprehensive Plan Amendment during an April 25 public hearing.

The county transportation planning department believes that the traffic congestion south of Twin Lakes Park will be so severe in the year 2040 that we need a new thoroughfare to connect Clark Road to a full interchange at State Road 681 and I-75 via another north–south roadway.

But neither the full interchange nor the north-south roadway exist today, and neither is considered financially feasible by the Sarasota-Manatee Metropolitan Planning Organization.

If the interchange is built, FDOT will design and fund it, but FDOT hasn’t even looked into the need for the interchange yet.

And while the north-south roadway is part of a plan to provide an alternate route from Venice to Manatee County, the project is unfunded.  The project recently suffered a setback when the commission rescinded an important funding request for the segment connecting Lorraine Road to Bee Ridge Road Extension.  That segment is a sorely needed connection needed to support development already under construction at the 5000-unit Waterside Village, the 600-unit Artistry community and the 3,500-unit LT Ranch Village.

So it is highly unlikely the proposed thoroughfare will have anything to connect to for many years or decades to come.  Instead of providing connectivity, it will be a road to nowhere.

Actually, that’s not an entirely accurate statement.

The new thoroughfare will go somewhere.  It will dead end at Manatee County-based developer Pat Neal’s 533-acre sod farm where he wants to build 1,100-home subdivision on land zoned for only 258 homes.

Unfortunately for Neal, county regulations prohibit him from building a large development unless the property has direct access to a major road—one that is part of the county thoroughfare plan.

Normally thoroughfare plan additions are considered after the county prepares an in-depth analysis and after the public has multiple opportunities to weigh-in on the proposal.  In fact, the transportation planning department had wanted to consider several changes to our thoroughfare plan during the 2016 comprehensive plan update.  But those changes could not be processed because the county had not held the required public input sessions.

With the county’s holistic thoroughfare evaluation on hold due to a lack of department resources, Neal convinced the county to let him “adopt” Ibis Street and pursue a privately-initiated amendment.

The private process enables Neal to fast track the proposal to designate his access road as a major road.  It bypasses almost all the public engagement that must occur when the county initiates such a change.  And this case, avoiding a lengthy series of feedback sessions and workshops allows the developer to quickly overcome the prohibition on rezoning his property.

I wouldn’t object if putting a line on a map and saying a dead-end country road is a major road was the only effect of Neal’s proposal,

But it does much more.

It allows Neal to divert impact fees away from curing today’s traffic jams and use them instead to improve a dead-end country road that will be used only by his subdivision for years to come.

We believe road improvement priorities should be determined with more, not less, public input.  And we believe impact fees should be spent on real traffic problems we face today, not on ones that are imagined to occur more than 20 years in the future.

Call or email the Sarasota County Commission today and ask them to vote against the Ibis Street Thoroughfare Comprehensive Plan Amendment on April 25.

-- R. N. Collins

Documents relating to the Ibis Street Amendment are here.

Gabbert, Fresh Start, and Sarasota County Planning

Mr. Gabbert’s Construction Waste Debris Transfer Operation will be situated at Porter Rd. and Palmer Blvd., next to the I-75 underpass, and immediately adjacent to the proposed YMCA outdoor sports complex that was part of Fresh Start's proposal to the Board on 4.25.18. 

The sports fields are proposed for 10.7 acres of public land (SE corner of Apex/Palmer) which the community group feels is more suitable for uses compatible with exotic species of birds, wildlife, human recreation, children, narrow roads, and a new vision of the Celery Fields area, visible from the Interstate, as a beautiful gateway to East Sarasota.

Gabbert's Full Waste Transfer Plan is here

EPA Waste Transfer Station siting guide

Gabbert Waste Debris Transfer Operation	YMCA Outdoor Sports Fields
	Add caption

Official Report: Findings of Fact of the Sarasota County Planning Commission

Below are the official findings of fact submitted by the Sarasota Planning Commission after the June 1, 2017 hearing on TST Venture's proposal to site a waste processing plant on public land adjacent to the Celery Fields, Sarasota's Preserve, Bird Sanctuary, and premier recreation area. Click here for a full transcript of the hearing, at which more than 200 citizens, including some from as far away as Ft. Lauderdale, came to express their concerns. Video here.

In the end, the Planning Commission voted unanimously against the proposed facility. Below are their 20 reasons. The PC is a purely advisory board. The actual power lies with the Board of County Commissioners. This report will be included in the packet that goes to the Commissioners who have scheduled a final public hearing for August 23, 2017, beginning at 9 am.

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PLANNING COMMISSION REZONE PETITION FINDINGS OF FACT

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1.      The proposed change would not be consistent with the intent, goals, objectives, policies, guiding principles and programs of the Comprehensive Plan;

2.      The proposed change would not be compatible with the existing land use pattern and designated future land uses;

3.      The proposed change would have an impact on the availability of adequate public facilities consistent with the level of service standards adopted in the comprehensive plan, and as defined and implemented through the Sarasota County Concurrency Management System Regulations, Chapter 94, Article VII of Exhibit A of the Sarasota County Code, as amended;

4.      The existing district boundaries are not logically drawn in relation to existing conditions on the property proposed for change;

5.      The proposed change will adversely influence living conditions in the neighborhood;

6.      The proposed change will create a drainage problem;

7.      There are substantial reasons why the property cannot be used in accord with existing zoning;

8.      It is not impossible to find other adequate sites in the County for the proposed use in districts already permitting such use;

9.      Whether the gradual and ordered growth contemplated in the Comprehensive Plan can be best accomplished through the approval of a land use which is less intense than the intensity designated on the Future Land Use Map of the Comprehensive Plan;

10.  The proposed change would create adverse impacts in the adjacent area or the County in general;

11.  The subject parcel is not of adequate shape and size to accommodate the proposed change;

12.  Ingress and egress to the subject parcel and internal circulation would adversely affect traffic flow, safety or control; and

13.  The proposed change has been reviewed in accordance with the interposal agreement with the School Board of Sarasota County and whether school capacity has been adequately addressed, including on- and off-site improvements.

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PLANNING COMMISSION:

SPECIAL EXCEPTION PETITION FINDINGS OF FACT

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1.      The proposed use is not consistent with the intent, goals, objectives, policies, guiding principles and programs of the Comprehensive Plan;

2.      The proposed use is not compatible with the existing land use pattern and designated future uses;

3.      There are not adequate public facilities available consistent with the level of service standards adopted in the Comprehensive Plan, and as defined and implemented through the Sarasota County Concurrency Management System Regulations, Chapter 94, Article VII of Exhibit A of the Sarasota County Code;

4.      The proposed use, singularly or in combination with other special exceptions, will be detrimental to the health, safety, morals, order, comfort, convenience, or appearance of the neighborhood or other adjacent uses by reason of any one or more of the following: the number, area, location, height, orientation, intensity or relation to the neighborhood or other adjacent uses;

5.      The proposed use will not be adequately buffered to effectively separate traffic, visual impact and noise from existing or intended nearby uses;

6.      The subject parcel is not adequate in shape and size to accommodate the proposed use; and

7.      The ingress and egress to the subject parcel and internal circulation will adversely affect traffic flow, safety or control.

Celery Fields coalitions are building

The neighborhoods on East Palmer Blvd. are building a coalition to fight Sarasota County's "plan" to industrialize over 30 acres of prime public lands at Apex and Palmer ,adjacent to the Celery Fields.

This could be the broadest, deepest fight the County has found itself in in quite some time.

Stay Tuned

Planning to plan not to plan?

From Cathy Antunes:

The County land use hearing on March 1st regarding the NW parcel at Apex and Palmer is a hearing to change the Critical Area Plan (CAP). What is a CAP? It is bigger than a rezone. Simply put, CAPs are supposed to ensure good planning. The CAP near the Celery Fields merits a reevaluation, to consider the importance of this major ecotourism site in relation to surrounding land use. THIS HAS NOT BEEN DONE. Instead the County may railroad through a horrible CAP change from rural to industrial use. They could only contemplate this because they are 

1. ignoring the CF as an ecotourism draw, 
2. ignoring traffic, and 
3. failing to do a CAP reevaluation. 

Demand that the County Commission do their job - deny the industrial CAP change, then REEVALUATE the Critical Area Plan to include protections for the Celery Fields and surrounding neighborhoods from industrial and other poor, damaging uses. Read this document to learn about Critical Area Plans. Failing to walk their talk has been a big problem with the County Commission's land use decisions. We need them to do the right thing.

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Comment on above:

Critical Area Plans are supposed to make sure that the "Critical Area" impacted by a development plan is carefully considered for negative impacts. Yet the boundary of the Critical Area Plan for Restaurant Depot only covers the parcel that Restaurant Depot wishes to develop. How does this square with the purpose and definition of a Critical Area Plan?

Boundary of the Restaurant Depot Critical Area Plan

Letter to the County re: industrializing public property near Celery Fields

Feb. 21, 2017

To: The Sarasota County Board of Commissioners

RE: Rezone petition 16-33, CAP 83-10-SP, Restaurant Depot, Palmer Blvd. & Apex Rd.
Public Hearing, March 1, 2017
From: Thomas Matrullo

I write as a concerned citizen about a matter of significant public interest:

Two proposed industrial rezonings of public properties at the edge of the Celery Fields threaten to degrade valuable public assets. You’ll be hearing from many concerned residents about the negative impacts a big box Restaurant Depot store and a 16-acre recycling plant will have on traffic, air, water, schools, and a valued bird sanctuary. Let me invite you to step back and consider this from another perspective.You have the opportunity to shape and revitalize a gateway area of Sarasota County. With the wrong decision, a potentially wonderful public outcome will be lost forever.

A bit of background is necessary.

Developers have asked you to approve industrializing a total of about 23 acres at the intersection of Apex and Palmer Boulevard. Two promising, sensitive areas lie near these lots -- The Celery Fields just east of Apex, and the adopted Fruitville Initiative Plan north of Palmer:

Map #1: Apex / Palmer intersection lower left quarter

The Celery Fields began as a regional stormwater project -- it cleanses water, protects against major floods, and manages our stormwater runoff before releasing it to Phillippi Creek and  Roberts Bay. Over time, this public property has evolved into a much loved and used park and recreational facility, and a bird sanctuary listed on the Great Florida Birding Trail, in national and international eco-tourism brochures and tours.

The public properties proposed for industrial use at Apex and Palmer are at the edge of the Celery Fields (Map #2). They should be held to a much higher level of public input and vision. And right nearby, you have a regionally significant example of this higher level of vision in the Plan for the public lands that contain the Fruitville Library. Years of effort on the part of the County, property owners and homeowners resulted in the Fruitville Initiative.

Map #2 Palmer and Apex Intersection adjacent to Celery Fields

That plan, adopted by this Board in 2014, represents a community consensus. It provides a successful and proven model for planning publicly owned lands -- one that can be used here. The intersection of Apex and Palmer could meet high-level goals including features that would

• provide high-tech, high-paying jobs in attractive offices
• promote walkable, mixed use features - cafes, a public garden, art studios, galleries
• reduce vehicle trips
• make desirable and truly affordable housing (allowed under MEC) possible.

Such a plan would enhance the potential of the Celery Fields, and the vested Fruitville Plan -- not degrade them.

Now, look at an even bigger picture: You have an opportunity to integrate the Fruitville Initiative, the Celery Fields and the established small business district with Detwiler's, the Packinghouse Cafe, and other commerce just to the west of I-75. Thanks to the Palmer Boulevard underpass (a rare East-West connector), the potential for an attractive, unified community -- varied, viable and walkable -- is already there.

Map #3: Overview from Fruitville Init. (Coburn Rd.) to Packinghouse District

As you see: the central connecting link between the three legs of this prospective community is precisely the public acreage at Apex and Palmer Boulevard. County planners and the Duany planning firm noted this in a study more than ten years ago. They called the intersection “The Quad” (see Item #4). Putting a big box store and recycling plant there would create an obstructive barrier at the center, generating truck traffic and dividing the three key assets: the Fruitville Initiative, Celery Fields and Packinghouse District. Did you bother to ask the people who live and work there before putting the public properties out to bid?

To neglect this chance to shape a well-planned community of substantial historical, natural and economic value would be a new low for Sarasota planning. You’ll devalue the unique adjacent ecosystem, and miss the obvious opportunity to bring together a vibrant community stretching from north of Fruitville Road down to the Packinghouse District. To discard it in favor of accommodating a low-leverage recycling operation and a big box wholesale store would border on an abdication of public policy.

A matter of serious public concern is at stake in your decision. You can help create a vibrant new locale by integrating significant assets in a comprehensive way. You could make Sarasota again renowned for careful yet creative planning. Should you choose to ignore this opportunity, the loss to us all will be incalculable.

One final thought: As the letter from the Sarasota Audubon Society (see item #6 ) makes clear, development in Sarasota is marching eastward. The Celery Fields will become an ever more valued green space as it is surrounded by homes, commerce and industry. Audubon likens it to Central Park in New York City. Think big -- the future will thank you.

Respectfully,

Thomas Matrullo

Lake Sarasota

Citizens for Sarasota County

cc: Media, HOA's, Civic, Business, Political, Environmental organizations

Notes and Images

Item #4: Fruitville Initiative planned at cost of $499,000, adopted 2014
Has the County helped it succeed? See this editorial.

Item #5: Early envisioning of “The Quad”at Apex & Palmer

Duany Plater-Zyberk Co.

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Item #6:  Herald-Tribune, Sarasota Audubon Society LTE 2.16.17

Fight Celery Fields project

Sarasota Audubon's mission is public education and conservation of wildlife habitat. We are aware of Sarasota County's plans to sell two parcels on Palmer Boulevard near the Celery Fields. The proposed uses entail a restaurant-supply facility and a construction material/yard waste storage/recycling facility.

The Celery Fields storm-water facility is a major attraction for citizens, outdoor enthusiasts and schools and is a worldwide destination for eco-tourism.

Sarasota Audubon opposes the sale for these reasons:

1. The lots contain enough acreage for a permanent fire station and additional park/recreation/wildlife habitat.

2. Proposed businesses are not compatible with recreation and eco-tourism and will add hundreds of daily auto/truck trips through strained and inadequate neighborhood roads. This increase will have a detrimental impact on the health and safety of wildlife and humans in the area. Also, thousands of tourists coming yearly to explore the Celery Fields stimulate the local economy.

3. As development surrounds the Celery Fields, available green space will become increasingly necessary to preserving this jewel. The Celery Fields is considered by many to be the "Central Park" of Sarasota County and a major economic driver. Jeopardizing this funding would not be a wise use of county resources.

The public should make its voice heard by contacting county commissioners at 941-861-5000 or scgov.net.

Jeanne Dubi, President, and Robert Wright, Conservation Chair, Sarasota Audubon Society

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Item #7: Portion of Celery Fields Hill