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Coyote Crossings Hearing Delayed

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By JULIA FERRANTE, The Tampa Tribune

Published: October 1, 2007

HUDSON - A developer's attorney has asked a special magistrate to clarify an order that directs the county commission to reconsider the Coyote Crossings project northwest of Coyote Road and Kitten Trail.

Shelly May Johnson made the request last week, postponing the rehearing until at least Oct. 9, Chief Assistant County Attorney Barbara Wilhite said last week.

The magistrate, Richard E. Davis stopped short of invalidating the commission's March decision to maintain a five-unit cap on the 18.89-acre property, instead telling the board to consider more evidence. The developer argues 14 houses is a more reasonable limit in a growing area.

Davis gave the direction in a Sept. 4 order after a mediation hearing.
County Commissioner Jack Mariano, who represents Hudson, has argued the proposed development is incompatible with the neighborhood, a position the developer and others have disputed. The property had been designated for denser residential development of as many as 54 houses, but a previous rezoning limited the number of units.

Mariano said at a meeting last week that he wants the developer to prove he was unaware of the cap, which was approved in 2005.

Davis said in his order the board should consider how conditions have changed in the area and do a more thorough analysis of the facts overall.

'If the standards have changed so as to invalidate or render impracticable the original development plan ... then a reanalysis should occur,' Davis said in the order.

Alex Mourtakos of Coyote Crossing LLC requested the hearing under a state law that allows developers to seek mediation and requires governing bodies to participate when a decision could restrict or unfairly penalize a developer. The county and developer split the $3,000 mediation fee.

County planning staff initially said the five-unit cap should remain on the Coyote Crossings property. The planning commission suggested a 10-unit cap. The county commission voted 3-2 to keep the limit of five.

If the commission does not reverse its decision, the Coyote Crossings developer may file an additional challenge on the grounds that the denial was not based on 'substantial competent evidence,' Wilhite said in a letter to the county commission.

Commissioners are to discuss the issue at a meeting starting at 10 a.m. Oct. 9 at the historic Pasco County Courthouse, 37918 Meridian Ave., Dade City.

Johnson was unavailable for comment Friday.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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