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10 Feet Stand Between Wiregrass Builders, County

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By KEVIN WIATROWSKI

The Tampa Tribune

Published: August 16, 2008

WESLEY CHAPEL - A narrow strip of land along the top of the Shoppes at New Tampa property has become a hurdle in the county's effort to extend State Road 56 across Wiregrass Ranch.

County officials disagree with the roadbuilders - Locust Branch LLC and the Meadow Pointe IV Community Development District - on how to get access to about 10 feet along the northern edge of the plaza and who should do it.

The strip of land wasn't in the original plan for the six-lane highway under construction just east of Bruce B. Downs Boulevard. But the state says it's needed to ensure crews can build S.R. 56 to its full width and provide the plaza with a new northern entrance.

The county says the roadbuilders should acquire the land because it's needed for the developer's county-mandated project. Assistant County Attorney David Goldstein said this week that development districts can condemn land beyond their borders with the county's permission.

The developers say they have tried for two years to strike a deal with the plaza's owners for the strip. They want the county to condemn the property to force access.

In short, neither side wants to get sued by the shopping center's tenants for lost business when work begins on the northern end of the plaza.

"We're very concerned that we not get caught up in condemnation proceedings with the shopping center," said Lee Arnold, whose Clearwater Bay Associates is developing Meadow Pointe IV.

Publix Wants 4-Way Intersection

Publix has emerged as the spoiler in the negotiations.

The Lakeland-based grocery giant wants a four-way intersection to let westbound drivers on S.R. 56 turn left into plaza - something the Department of Transportation says can't be done safely, given the proximity to the planned 10-lane intersection with Bruce B. Downs.

Without that concession, Publix has declined to sign off on a plan to shift its northern access point farther east, essentially crippling the construction of S.R. 56.

"We're in a Catch-22," Keith Appenzeller, head of King Engineering, told county officials this week. Tampa-based King is designing S.R. 56.

The DOT won't allow Publix's existing access to link to S.R. 56, but the agency also won't allow the road to open to the public until the builders get the extra land they need from the shopping center, which won't provide it, Appenzeller said.

Publix spokeswoman Shannon Patten referred questions about the issue to Developers Diversified Realty Corp., the owner of the Shoppes at New Tampa. The company did not return calls for comment.

County officials will meet with Publix on Thursday in New Port Richey to try to reach a deal on the access point and, potentially, the 10-foot strip.

Beyond next week's meeting with Publix, the county, the state and the roadbuilders have other issues to resolve before S.R. 56 can open.

The Department of Transportation has said it won't clear S.R. 56 for traffic beyond the Shops at Wiregrass until the full 10-lane intersection with Bruce B. Downs is built.

Getting to that point will require putting part of the embankment supporting the roadway on the top edge of the Shoppes at New Tampa, said Scott Collister, director of transportation development for the DOT's Tampa office.

The embankment will be part of an 80-foot strip of land along the south side of S.R. 56 that will include a bike path.

The builders say they can get by without the extra land. A 2- to 4-foot-high retaining wall built where the road right of way meets the shopping center could replace the embankment, Appenzeller has said. A limited-access driveway for the plaza would pass through the wall near the front of the plaza's buildings, engineers said.

DOT planners say the kind of drop-off the retaining wall would create is unacceptable. They're also concerned about cars and foot traffic to the plaza's stores.

Reimbursement Is Also An Issue

Meadow Pointe IV development district officials have been debating with the county how they will be reimbursed for building the road.

The district has nearly $12 million sitting untapped in funds held by U.S. Bank. About half is from bonds issued by the district. The other half is impact fees paid from Meadow Pointe III and IV that the county has promised will cover the road costs.

Without a signed deal between the roadbuilders and the county, the development district can't get its money, Arnold said.

Locust Branch and the developers of the Shops at Wiregrass put up $5 million to get the road work started in April. They have promised to kick in a little more, but the start-up money is virtually spent, said Vince Nuccio, Locust Branch's attorney.

"We've spent all the money put up to date to get a start," Arnold told county commissioners this week. "We're out of money."

MEETING SCHEDULED

WHAT: County commissioners will meet with Locust Branch LLC and the Meadow Pointe IV Community Development District to resolve State Road 56 issues.

WHEN: 10 a.m. Tuesday

WHERE: West Pasco Government Center, 7530 Little Road, New Port Richey

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

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