Issue link: https://newsleader.uberflip.com/i/109601
Sarasota News Leader February 15, 2013 Page 15 their conclusion that the proposed Walmart the City directed Walmart to apply was for site plan approval by the City���s Planning Board, store is not a department store: not a rezoning, because the existing zoning ���Ms. Mendez: When we look at a zoning dis- allows the proposed use. The City���s staff is trict and what is a permitted use, a lot of items charged with making that determination.��� will have a match, but certainly when we have a laundry list of uses like this in the older zon- The letter continues, ���The [Planning] Board���s ing districts, we look at what it is similar to. decision was based on competent substantial We determine that it does not meet the defi- evidence as required by law in quasi-judicial nition of a department store. So then we look proceedings. The expert testimony of the apat the individual uses that would make it up. plicant���s team, the exhibits submitted by the So, it may not be one single use on there, but applicant and the recommendation of the City it���s a variety of those different uses, including Staff all constitute competent substantial evidence that supports the decision of the Planretail.��� ning [Board].��� ���Ms. [Susan] Chapman [Planning Board To support the city planning staff���s findings, member]: But in department store, CSC-N, Porter brought his own planner ��� Susan Fitch it���s not permitted.��� ��� to testify before the Planning Board. The ���Ms. Mendez: That���s correct. A department minutes of the meeting say, ���From a compatstore would not be, but we have determined ibility standpoint, which is what she looks at as a land-use planner, the use complies with that this is not a department store.��� site plan review standards because it is zoned Mendez will not plead the city���s case on Tues- properly for all of the uses that Walmart inday. She is on maternity leave. Her boss, Li- tends. The site plan, in her professional opintchett, will carry the argument. ion, does meet all of the city���s site plan review standards.��� Jim Porter, an attorney representing Walmart, will handle that role on the other side. In a let- Tuesday will be a long night. A total of 34 peoter to the city commissioners on Jan. 4 (before ple have signed up as ���affected parties,��� giving their 4-1 decision to hear the appeal), Porter them extra time to speak and the ability to wrote: ���It is important to note that the process cross-examine witnesses. % I am so incredibly pleased, with my beautiful smile and my comfortable and natural bite. - Barbara Lee For a complimentary consultation call 941.923.5406 | Christine Koval, D.M.D. | www.askdrkoval.com