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County, Developers Shouldn't Overlook Established Property Rights

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The Tampa Tribune

Published: April 20, 2008

In the overall scheme of the daily goings-on in Pasco County, it may not seem like a big deal that members of a Wesley Chapel church are protesting a movie theater's request to serve alcohol. Some may even argue the opposition is to be expected.

But there's more at stake than whether a business is allowed to serve adult beverages. It's the property rights of an established group - in this case a church. Too often, those rights are trumped by newcomers - in this case a movie theater.

Look at it this way: Faith Baptist Church was there first - a fact that deserves more respect. And it is very established. Residents worship there, and many of their children attend school there.

On the other hand, Cobb Theatres' complex is under construction.

The problem is that the church is 827 feet from the 16-screen project. Pasco's zoning rules rightly protect churches in this predicament, prohibiting the sale of alcoholic beverages within 1,000 feet of places of worship.

Here's another problem: County commissioners have the authority to grant exemptions. The board has favored the adult beverage industry enough in recent years - allowing alcohol to be sold starting at 11 a.m. on Sundays, up from 1 p.m., four years ago and granting an exemption similar to the one Cobb wants that allowed a liquor store near a Land O' Lakes church in 2005.

Cobb needs to be a good neighbor and do the right thing by dropping its request to serve alcohol. The company is being rude, frankly, by even pursuing the request because of the complex's proximity to the church and school.

Although the mall has changed the area's landscape, the request is still akin to a new neighbor moving in and altering the lifestyle of the neighborhood. Or a big-box store or major subdivision being allowed too close to a rural neighborhood whose residents shouldn't have to put up with the noise, traffic issues or change in lifestyle.

Faith Baptist will have enough trouble dealing with traffic when the mall is built out. It's absurd to think the church wouldn't be affected by the behavior of patrons who have had one too many.

If alcohol sales are so important to the theater's future operations, Cobb officials and developers should have done better math and found a more suitable location on the site of the mall - more than 1,000 feet away from the church. A rule is a rule. The buffer needs to be respected.

This issue isn't about whether you're a teetotaler or would like to enjoy an alcoholic beverage at a movie. It's about whether county rules should be bent for a business under construction, against the wishes of members and leaders of a neighboring property that already exists.

And the answer is no. It would be an intrusion, and it's not essential for the new business' success.

The existing property rights of residents, churches and others deserve to be protected when new neighbors build. Giving newcomers unnecessary breaks from reasonable rules only leads to more distrust of government because those who were there first often feel they're second-fiddle. County commissioners need to be mindful of that, deny Cobb's request and stand by existing regulations.

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