ManaSota 88 sues Sarasota County over Whole Foods approval

A month after Sarasota County approved a developer’s application to build a Whole Foods and Wawa on University Parkway, an environmental organization and three individuals have sued the county to fight the project.

SJ Collins, an Atlanta-based developer, applied to Sarasota County last spring to develop eight acres at the corner of Honore Avenue into University Station, a commercial center with the grocery store, gas station and restaurant. The site included 4.4 acres of protected wetlands, which county environmental staff pledged was still healthy and functioning. The developer purchased 40 acres adjacent to Rye Preserve in Manatee County to serve as off-site mitigation.

The county approved the rezone application, which required a comprehensive plan amendment because of the wetlands located on site, on Jan. 26.

ManaSota 88, an environmental organization, along with Andre Mele, Larry Grossman and Geraldine Swormstedt of Sarasota County, filed a challenge against the county Feb. 25, for being inconsistent with the comprehensive plan. The complaint listed multiple reasons for challenging the county's decision, including the destruction of wetlands still functioning, which is not allowed in the comprehensive plan without an amendment, and the loss of enjoyment of the wetlands the plaintiffs would experience.

“ManaSota 88 and its members will be substantially and adversely affected by the conditions and activity which will result if this comprehensive plan amendment/rezone is allowed,” the complaint, submitted by Chairman Glenn Compton, stated.

Andre Mele is involved in multiple environmental groups in the county, including the Sierra Club and Sarasota Bay Watch; however he filed with ManaSota 88's challenge as an individual. He is not a member. Besides hoping to stop this development, Mele said ManaSota 88 and the individual plaintiffs are hoping to prevent similar situations in the future. 

“We want to stop the formation of a slippery slope,” he said. “Isolated wetlands of this type are increasingly critical — they’re vital habitat by virtue of their scarcity."

While the developer is not directly involved in the challenge, Candace McElyea, spokeswoman, provided a statement on behalf of SJ Collins.

“After lengthy presentations to both the planning commission and county commission, detailing the positive economic impact and extensive mitigation efforts to offset environmental impacts, both boards supported this project,” she said. “These decisions are best decided by commissions and not in the court system...when both boards clearly and overwhelmingly supported this project with community and neighborhood support.”

The challenge has not been assigned to an attorney at Sarasota County yet, and the county cannot comment on any pending litigation, said county spokesman Jason Bartolone.