Stop S-19 Apartments!

On 11/10/22 I filed an Appeal of the BCC rezoning of parcel S-19 (next to the SR56/581 Sam's Club) from retail/office to vertical-mixed-use apartments (Case # 2022CA002963). The goal of the Appeal is to return S-19 to retail/office use to complete the Seven Oaks Plaza shopping center instead of cramming 320 apartments, 800 residents and their 700 vehicles into just 10 acres. This fundraiser follows Jon Tomsu's earlier effort [thanks, Jon!] and is to help pay for the expenses and court costs to win the Appeal which is now in the hands of the Sixth Judicial Circuit Court. There is no guarantee of success, but Pasco citizens should not silently submit to Spot Zoning we did not ask for and a County planning/development Vision we do not share.

To prevent another unlawful overdevelopment and the impending traffic trouble for SR56/Ancient Oaks, SR581/Summergate and the Sam's Club store/gas station, please click on the Donate button now. To donate by check, please mail your contribution to:

Patrick T. Mullen

2653 Bruce B. Downs Blvd.

P.O. Box #108-PMB138

Wesley Chapel, FL 33544

Thank you for your support! And remember, “Development is a privilege” not a right. (Trent Meredith, Inc. vs. City of Oxnard, 114 CAL. App. 3d 317 (1981)).

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To see the Appeal, go to:  https://drive.google.com/file/d/1dsj-pNfAN5Ghm276tsZlyQ6fFDdifLSO/view?usp=sharing

To see the S-19 Deed, go to:  https://drive.google.com/file/d/1duHuLZ2jBDHZsDW-5enOqW-X0Fkpf9QD/view?usp=sharing

To see the citizens’ opposition presentation, go to:  https://docs.google.com/presentation/d/1drW92kTV384A8RwzrEJkp7UtinDRjZih/edit?usp=sharing&ouid=112181778460629012665&rtpof=true&sd=true 

To see Details of the Case, go to:  https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=kL746Zx2ZnkDxGfRV0Km_3v_h5ttYa7SorP0n2yAP0M&from=caseSearchTab, then Pasco, Public, Agree, Case Search, then enter 2022, Civil Affairs and 00293.

Background

This effort is undertaken to preserve our community and stop County planning and development at the whim of developers and the BCC, and their ongoing disregard of the Land Development Code, Comprehensive Plan, State law and Pasco citizens/voters.

On 1/11/22 SD, LLC asked the Pasco Board of County Commissioners (BCC) to rezone the property next to the Seven Oaks Sam's Club store (a.k.a., S-19) from retail/office to vertical-mixed use apartments. Originally intended for a bank and a WalMart Grocery store, the property lay fallow despite multiple suitors/realtors. Underlying WalMart deed restrictions may have contributed to this: retaining subsurface mining rights, forbidding any Sam's competitors and specifying 300 apartments to be built on the retail/office zoned land.

SD purchased commercial-zoned S-19 proposing to build 320 apartments with over 800 residents and their 700 vehicles. Incensed Wesley Chapel citizens wrote letters, called Commissioners, attended meetings, presented legal evidence and dedicated many hours to defeat the proposal. It was considered a dense-packed, spot zoned, traffic hazard unsafe for pedestrians, children, pets, bicycles and passing vehicles that would cost the County more to service than it would contribute in taxes. The BCC voted 3-2 (Oakley, Mariano & Moore vs. Starkey & Fitzpatrick) to deny the request. Commissioner Oakley added that the lot was too small, with too many vehicles and insufficient parking even after eliminating required parks and open space.

On 2/9/22 the developer requested Mediation under Florida Statute 70.51. Unable to sway the community before the looming election, on 10/11/22 the developer presented a virtually identical proposal. Now, however, the developer promised to pay any County legal expenses if the proposal was approved, then challenged. The BCC voted 3-2 (Oakley, Starkey, Fitzpatrick vs. Mariano & Moore) to approve the proposal allowing the apartment development. That left only one opportunity preserve the definition of the master planned unit development (MPUD) and Seven Oaks community - file an appeal with the courts.