Last year, the county shot down a rezone sought by the largest homebuilder in the U.S.
By Gretchen Cochran
Original Air Date: April 29, 2026
Host: DR Horton will not take “no” for an answer. Late last week, instead of continuing a mediation process with Sarasota County, it decided to sue instead. The national homebuilder is seeking a rezone for a new subdivision on agricultural land close to a bird sanctuary. The Celery Fields, home to dozens of bird species, has been slowly boxed in by new construction. WSLR’s Gretchen Cochran reports.
Gretchen Cochran: It was nearly a year ago when the Sarasota County Commissioners denied the rezone that originally sought to add a 170-unit subdivision on agricultural land. But the developer, DR Horton, has an option on the 51 Smith Farmacres owned by the Matt and Cindy Smith family. It initiated a settlement process under state law and made an offer, which the county rejected in October. A new hearing was scheduled for Monday, but instead the builder/slash/developer last week filed suit against the county, accusing them of denial without sufficient evidence or proper procedure.
Rendering of the proposed 126 homes and retention pond on the Smith Farm land
In what’s called a “Petition for Certiorari,” the corporation asks the court to ditch the county’s rezone denial and to grant DR Horton’s application for 126 homes.
The Celery Fields lie east of I-75 and south of Fruitville Road. The 400 acre property was once an area where celery was grown. But it ultimately became a Southwest Florida water district flood control site. Today, the site attracts 250 species of birds, according to the Sarasota Audubon Society, a local conservation organization.
Housing developments sprang up around it with names like Meadow Walk, Shadowwood and Sylvan Lea. The Fruitville Branch Library is located nearby, and the county’s new administration building joins the adjacent Tower Commerce Park.
Map of DR Horton’s downscaled proposal
To all that comes DR Horton, first amending its plans to 126 houses, then compromised down to 85. Called the largest homebuilder in the United States by volume, DR Horton has produced more than a million homes across 37 states and throughout Florida from Miami to Jacksonville.
The full-service developer, offering mortgage insurance, financing and construction, is not without troubles. Just last month, a 70-page class action suit was filed in Nevada against DR Horton for what plaintiffs called “deceptive home-selling and financing practices.” On the other hand, renowned investor Warren Buffet bought 1.5 million shares of DR Horton stock last year, according to Realtor.com.
In addition to denial of a final public hearing, grounds for the case focus on the county’s comprehensive plan and conflicts with the county’s building code, the developer says, citing case law.
Flood map of Celery Fields
“In land use law, a local government’s comprehensive plan acts as a constitution for all development within the jurisdiction and prevails over contrary zoning actions and codes,” the court filing says. It goes on to show how the comprehensive plan and the zoning codes conflict.
It also finds fault with the county’s rejection of quote “any increase in impervious surfaces”—that would mean roads and parking lots among other things—citing various allowances of them throughout the county.
DR Horton mentions six measures it says it employed to consider impacts on neighbors and to reach an agreeable plan.
The Sarasota Audubon chapter was not available for comment.
Celery Fields
But in a statement on their website last week, the bird watchers said they are evaluating how to “best protect the Celery Fields at this time” and that they are “exploring all available options.”
They also said that any development of Smith Farms would be “irreparably disruptive to birds and wildlife of the Celery Fields. Increased traffic, lights, noise and pets post-development would increase risk for all those visiting the Celery Fields as well as its resident wildlife.”
The group also said it would support a purchase of the land by the county for preservation.
For WSLR, this is Gretchen Cochran.
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