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Planning Commission Rejects Rezoning For Housing Project

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By KEVIN WIATROWSKI, The Tampa Tribune

Published: October 11, 2007

ODESSA - An unresolved lawsuit between neighbors led planning commissioners on Wednesday to torpedo the rezoning of more than 500 acres between the Suncoast Parkway and Gunn Highway.

The Behnke family and Ryland Homes want the rezoning to convert the Behnkes' agricultural land to 860 single-family homes. The land is sandwiched between State Road 54 and the Jay B. Starkey Wilderness Preserve.

The owners agreed to set aside 71 acres as a wildlife corridor protecting South Branch, a creek that flows northeast into the Starkey property and feeds the Anclote River.

The owners were less inclined to pay the county $3.1 million to help extend Tower Road west across the Suncoast Parkway and to pay what they estimated could be $16 million for a bridge over South Branch, Ryland Home's attorney, Ben Harrill, told planning commissioners.

'The economics of the project just can't justify that,' Harrill said.

Harrill urged the planning commission to approve the proposal and let the developers negotiate directly with county commissioners over their objections to county-mandated road improvements.

However, planning commissioners had their own problems with the project.

Among other things, Commissioner Jon Moody opposed shifting the wildlife corridor to the east, a move the developer wanted to open dry land closer to the creek for construction. County officials argued that the change, which got them additional land for Tower Road drainage, was a suitable compromise.

The proposal really ran into trouble when planning commissioners declined to abide by County Attorney Robert Sumner's advice to pass the rezoning despite a pending lawsuit. The Behnkes want to overturn the industrial zoning on land owned by Charles Redding, their neighbor to the west.

Redding runs a mulch yard and borrow pit. The Behnkes contend his land is out of character with the area and will harm their project. Redding counters that he was there first and should be allowed to keep his business intact.

The county's Development Review Committee earlier this year followed Sumner's advice and approved the rezoning despite the lawsuit. Sumner said the county can't legally make the rezoning hinge on the outcome of the lawsuit.

But the legal wrangling made planning commissioners uncomfortable, as did the property's position in a floodplain. They voted 9-1 to deny the rezoning.

County commissioners will make the final decision Oct. 23 in New Port Richey.

Reporter Kevin Wiatrowski can be reached at (813) 948-4201 or kwiatrowski@tampatrib.com.

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