S-19 Appealed by Resident

Posted October 11, 2022

S-19 Project Approved 10/11/22; Citizen Appealed 11/10/22 On 1/11/22 Stock Development (a.k.a., SD, LLC) asked the Pasco Board of County Commissioners (BCC) to rezone the Commercial-zoned property next to the Seven Oaks Sam's Club store (a.k.a., S-19) from retail/office to mixed-use-apartments. Originally intended for a bank and a WalMart Grocery store, the property lay fallow for years despite its ideal location and multiple realtors/suitors. The owner’s (WalMart) deed restrictions may have played a role. As evidenced in the deed of S-19 to SD, WalMart retains all sub-surface rights, allows a bank but forbids any Sam’s Club competitors and specifies the construction of 300 apartments [a.k.a., 1000 customers] subject to WalMart approval of all development plans. SD purchased 10 acre S-19 on 4/1/22 to build 320 apartments for over 800 residents and their 700 vehicles next to the busy Sam’s Club store, car wash and gas station encircled by already overwhelmed SR56/581/Ancient Oaks/Summergate Boulevard roads and intersections. Incensed Wesley Chapel citizens wrote letters, called Commissioners, attended meetings, presented legal evidence and dedicated many hours to defeat the proposal. The project was considered a dense-packed traffic hazard unsafe for pedestrians, children, pets, bicycles and local/passing vehicles and it would cost the County more to service than it would contribute in taxes. The BCC voted 3-2 to Deny the request (Oakley, Mariano & Moore for; Starkey & Fitzpatrick against). Commissioner Oakley even added that the lot was too small, with too many vehicles and insufficient parking, parks and open space. On 2/9/22 the developer requested Mediation. Unable to sway the community, Mediation ended on 9/9/22. With the election of 2 Commissioners looming, on 10/11/22 SD presented a “Settlement Agreement” -a virtually identical proposal that also promised to pay any County legal expenses if their proposal was approved, then challenged. The BCC voted 3-2 to approve the proposal (Starkey, Fitzpatrick and [now] Oakley for; Mariano and Moore against). That left only one avenue to preserve the definition of the Master Planned Unit Development, the Comprehensive Plan and Seven Oaks community -filing an appeal with the courts. On 11/10/22 Patrick Mullen filed an Appeal of the faulty 10/11/22 BCC decision (Resolution 23-09RZ). The goal of the Appeal (Case # 2022CA002963) is to return S-19 to retail/office use for the completion of the Seven Oaks Plaza shopping center. A County Response is expected by 12/10/22. Appellant Rebuttal is then due by 12/24/22. Pasco residents should not be subjected to the County’s ongoing disregard of the Land Development Code, Comprehensive Plan, State law and its own citizens. Nor an unsafe, developer-directed, spot-zoned, densepacked, planning/development Vision we do not share. Remember, “Development is a privilege” not a right. (Trent Meredith, Inc. vs. City of Oxnard, 114 CAL. App. 3d 317 (1981)). To see the citizens’ opposition presentation, go to: https://docs.google.com/presentation/d/1drW92kTV384A8RwzrEJkp7UtinD RjZih/edit?usp=sharing&ouid=112181778460629012665&rtpof=true&sd=tr ue To see the Appeal, go to: https://drive.google.com/file/d/1dsjpNfAN5Ghm276tsZlyQ6fFDdifLSO/view?usp=sharing To see the S-19 Deed, go to: https://drive.google.com/file/d/1duHuLZ2jBDHZsDW-5enOqWX0Fkpf9QD/view?usp=sharing