Citizens Group Files Lawsuits to Stop Neal Project in Sarasota

SARASOTA – A group of affected neighbors filed two lawsuits against Sarasota County on Friday that could put a massive Neal Communities subdivision east of I-75 and south of Clark Road on hold.

The Sarasota County Board of County Commissioners approved the Neal Village development, known as Grand Lakes, on July 11 in a series of 4-1 votes, as part of the county's 2050 Village concept, an optional development framework that permits additional density. Neal is set to build 1,100 homes on 500 acres he purchased for $20 million last December.

This extra density is in exchange for public benefits that guide development in the rural areas east of I-75 into compact, mixed-use, pedestrian friendly villages by protecting large areas of open space, and ensuring that supporting infrastructure is paid for by the development.

Casting the dissenting votes, Commissioner Charles Hines asked, "Where is the walkability? Where is the compatibility? Where is the connectivity with the larger overall village?“

A large group of Serenoa, Serenoa Lakes and nearby large lot homeowners, along with Twin Lakes Park users, presented their objections during the public hearings leading up to the boards' July decisions.

The citizens group argue that developer Pat Neal’s privately-initiated comprehensive plan amendment, which enabled the rezoning to proceed, violates the county’s long-range growth plan. They also say the rezoning itself violates several of the county’s zoning regulations.

The lawsuit asks that the State of Florida hold an administrative hearing to find that the Neal amendment is inconsistent with the other goals, objectives, and policies in the county’s comprehensive plan because eliminating the village mixed-use requirement promotes urban sprawl.

Eliminating the mixed-use requirement was previously considered by the county in 2014 during a public initiative known as 2050 Revisited. At that time, several large landowners and developers, including Neal, proposed eliminating the mixed-use center. County staff rejected the developers' proposal because staff's analysis determined that, without direct access to a commercial center, a core 2050 plan principle would be violated.

Nevertheless, when Neal proposed eliminating the mixed-use requirement as a privately processed amendment, the 2018 county staff reported that they had no objections and recommended approval.

"It is a shame when citizens have to dig into their own pockets just to make sure the planning officials follow their own rules, said David Anderson, spokesperson for the petitioners. It is very discouraging that the commissioners ignored the merits of our arguments and approved the Grand Lakes proposals, so, our only recourse available is very costly litigation.“

The second suit asks the Sarasota County Circuit Court to reverse the rezoning approval because the Grand Lakes application did not satisfy the protected open space and non-residential use requirements in the county’s village zoning regulations.

The petitioners’ attorney, Ralf Brookes, says the outcome could have major implications throughout the county for future 2050 village development.

The Manatee-Sarasota Sierra Club, a leading environmental group, and 1000 Friends of Florida, Inc., a leading smart growth advocate, are providing financial support and legal assistance in the Grand Lakes challenges.