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Reconsider Housing Limit, Mediator Says

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By JULIA FERRANTE, The Tampa Tribune

Published: September 25, 2007

HUDSON - A special magistrate has recommended that Pasco County commissioners reconsider a developer's request to build 14 houses northwest of Coyote Road and Kitten Trail.

Richard E. Davis, the magistrate, stopped short of invalidating the commission's decision in March denying the request. He said in an order signed Sept. 4 the board should re-examine its reasons for holding to a five-unit cap on the 18.81-acre property. Davis issued his order after a mediation hearing.

County Commissioner Jack Mariano, who represents Hudson, has argued the proposal was incompatible with the neighborhood, a position the developer and others 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.

Davis said it appears conditions have changed in the area since the cap was approved in 2005.

'The intent of this recommendation is to cause the parties to re-examine what constitutes a reasonable transition between the varying densities and lot sizes' on surrounding property, Davis wrote. He said, the board's decision must be 'based on a thorough analysis of present-day facts.'

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

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 recommended against lifting the five-unit cap on the Coyote Crossings property. The planning commission suggested a 10-unit cap. The county commission was split on how many units should be permitted and voted 3-2 to keep the limit of five.

The developer's attorney, Shelly May Johnson, has said the five-unit cap was imposed when a previous owner had the property rezoned, and her client did not know about the restriction before he bought the property.

Commissioner Pat Mulieri, who voted to maintain the cap, has said she didn't buy the argument that Mourtakos, a builder, was unaware.

The county faced a similar challenge in 2004 from eye surgeon James Pitzer Gills Jr., who had a 700-unit cap placed on 543.57 acres he owned in central Pasco County. Gills initially asked for 1,144 houses. He sued the county on the grounds that commissioners considered several options before arriving at an arbitrary limit. Gills, through a settlement, was allowed to build 850 houses.

Chief Assistant County Attorney Barbara Wilhite said in a letter to commissioners the Coyote Crossings developer may file an additional challenge on the grounds that the denial was not based on 'substantial competent evidence.' Davis did not address that issue in his order.

Commissioners are to discuss the issue at a meeting starting at 10 a.m. today at West Pasco Government Center, 7530 Little Road in New Port Richey.

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

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