Despite Sarasota County being rejected twice and strong protests from neighborhood residentsit might take two for a Take 5 oil change proposal at Osprey.
Although initially rejected by both Sarasota County Planning Commission and the Sarasota County CommissionThe oil change case sought by Cougar Investment Management LLC and 8Square LLC could be put back on the table after a session with a special magistrate Tuesday. The developers and county counsel reached an agreement that a modified version of the oil change proposal would be sent back to the county commission for another vote.
The hearing follows the developers’ challenge to the commission’s initial rejection last August. The challenge, submitted as part of the Florida Land Use and Environmental Dispute Resolution Lawargues that the commission’s refusal unfairly restricted how developers could use the land despite its zoning.
The developers had initially requested rezoning of a 1.4-acre site from a shopping center designation to general commercial, which would have allowed the construction of a 3,600 square foot office building and a 1,430 square foot service center. The land at the corner of Tamiami Trail and Habitat Boulevard is a quarter-mile from Oscar Scherer State Park, and residents in the adjacent community of Willowbend say it would jeopardize the preserve and its unique habitat.
About 50 of those opponents attended Tuesday’s meeting and expressed disappointment with county staff, who they said failed to explain why the oil change idea should be left aside. Deputy County Attorney David Pearce said it was up to the county commission, not staff, to decide whether the company should get the green light.
County staff, Pearce said, can only comment on the legality of the proposed project. Because of a code rewrite in 2004 that absorbed the mall into the general commercial framework, Pearce said he couldn’t dispute that the developer was legally allowed to build the oil change.
“You have to understand that this particular use is allowed in this zoning district,” Pearce said. “We don’t make decisions as prosecutors.”
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During a public comment period, three speakers echoed what has been something of a mantra since Willowbend began protesting the oil change proposal nearly a year ago: It doesn’t is not compatible. The oil change operation is too intense a development for the area, which is mostly surrounded by office buildings and small businesses.
Willowbend residents are bound by a protection covenant that imposes strict light, noise and activity guidelines to leave the adjacent Oscar Scherer State Park as quiet as possible.
Willowbend resident Larry Kaplan said Take 5 could cause serious damage to the park if it isn’t held to the same standards.
“Do you think the environment is an asset or a hindrance? » said Kaplan.
In addition to a zoning distinction that is still unclear, so is the jurisdiction of the agreement. The original owner of Willowbend lifted the restriction on the property in 2021, but had already sold the parcel by that time. Developers understood that to mean the covenant no longer applied, but residents say the original owner who waived the covenant was not binding — that he had lost the power to dictate what happened. passed over the land once he had sold it.
The Willowbend Homeowners Association is suing Cougar and 8Square to enforce the agreement.
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Changes developers and county staff will make to the County Commission include limited provisions for signage and walls surrounding the oil change facility to separate Willowbend from the business and limit potential damage to Oscar Scherer.
Residents were far from satisfied, protesting on behalf of the public. Jane Graham, the attorney who represented Willowbend residents at several hearings, said the changes left initial problems unresolved.
“It’s inconsistent with the existing land use pattern,” Graham said. “That’s not going to do it for my client.”
The County Commission will first have to weigh the legal issues surrounding the settlement plan, and before it later revisits the oil change activity at that location, it will have to proceed.
Contact Herald-Tribune education reporter Heather Bushman at hbushman@gannett.com. Follow her on Twitter @hmb_1013.