If Walmart wants to build a new store in the Ringling Shopping Center, the big box will have to go to court.
The City Commission on Tuesday night narrowly denied Walmart's site plan for a proposed 98,000-square-foot Supercenter on Ringling Boulevard.
Commissioners Shannon Snyder, Vice Mayor Willie Charles Shaw and Terry Turner voted to deny the site plan while Mayor Suzanne Atwell and Commissioner Paul Caragiulo voted against. The hearing was continued from Feb. 19.
"The applicant is proposing, essentially, a suburban big box store in an urban environment," Turner said.
The City Commission was tasked with deciding whether the Walmart's site plan complies the the CSC-N zoning code.
"It brings forth the flaws presently found in our codes," Shaw said.
The appellants, a group of neighbors from the Alta Vista neighborhood, argued that Walmart is defined as a department store as well as being too large for a store of its sized for the property, according to code.
The appellants are:
- Candy Spaulding, President, Alta Vista Neighborhood Association.
- Juanita Rawlinson, Secretary and past President, Alta Vista Neighborhood Association.
- Pat Kolodgy, Sargent at Arms & past President, Alta Vista Neighborhood Association.
- Kelly Kirschner, past President, Alta Vista Neighborhood Association, former mayor
- Jerry Sparkman, partner, Sweet Sparkman Architects,
- Marian A. Maxson Martin, neighbor
The commission members had to base their decision on competent substantive evidence, which means that though the three hours of public testimony may help in a decision, it doesn't bear enough weight to be the end-all. Instead, the commission relied on evidence and testimony provided by the appellants, city staff and Walmart to argue whether or not the project's site plan is acceptable under the Sarasota's zoning plan.
Atwell sided with staff's arguments that if Walmart wasn't going to be allowed as a large store, then the Southgate Mall and other developments should have been denied.
"To me, the staff testimony has met the interpretation of the code in a substantive, competent manner," Atwell said.
Caragiulo said after the vote that the city's code needs work after the uncertainty found in the language exposed by both sides.
"Something needs to be done about our code," Caragiulo said.
Turner recognized how much city staff were beat up by the public in the testimony, and does not blame them for what happened with the project.
"I find the city staff work on this project to be professional and exemplary," he said. "The criticisms by appellants against staff were I think, completely inappropriate."
Now the city commission is obliged to state in writing all the reasons for denial, according to City Attorney Robert Fournier.
Walmart could appeal the commission's decision by taking the case to Circuit Court, and that decision remains to be seen.
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Atwell and Caragiulo voted against Shaw's motion to prevent the Walmart. The motion passed with the votes of Shaw, Turner, and Snyder. Caragiulo was ready with a motion to allow the Walmart to be built and by her statement, it would have been the choice of Atwell.
And there is something to say about adding 250 jobs to the area. I guess the people in the Alta Vista area are happy with that sorry looking shopping center that is there. There are not many companies that would or could even think about building in that area and making it work. Walmart has the ability to improve that area like few could. It would have been a positive step for an area that needs improvement.
The usual Sarasota shoots itself in the foot theater. That entire area looks like a ghost town/garbage dump, depressing property values etc., so we're better off not having someone....anyone.......developing it. Just wondering who will meet the stamp of approval? Not all can afford to drive our hip sexy Rover to Whole Foods - most of us actually like to have affordable groceries close by. And regarding traffic.....REALLY? If all the (now vacant and/or run down) commercial properties in the area were filled and running well, what do you think that would do for traffic? Me thinks that that right now Publix is breathing a big sigh of relief, and we're stuck with still having to drive far for cheap or stay close for expensive groceries. Thank you. Job well done.
Come up with a boutique Wally and split the difference.