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Subdivision Opposes Store's Bid To Sell Beer

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By KEVIN WIATROWSKI

The Tampa Tribune

Published: July 13, 2008

WESLEY CHAPEL - The pool at Meadow Pointe II clubhouse echoed last week with the sounds of children reveling in their summer vacation.

Meanwhile, adults watching from the pool deck worried that alcohol soon could be sold a short distance from where their youngsters played.

CVS pharmacy has asked the county for permission to sell beer and wine at the southwest corner of County Line Road and Mansfield Boulevard. The site sits about 250 feet across County Line from the clubhouse.

Planning commissioners approved the permit Wednesday. County commissioners will weigh in next month.

Some residents at the clubhouse Thursday said they opposed alcohol sales so close to a place frequented by so many children. The site also is close to Wiregrass Ranch High School and Long Middle School.

"As the parent of a young one and a teacher, I don't like the prospect of the kids hanging out there," said Marti dePrimo.

That sentiment echoed Jim Bovis, vice chairman of the Meadow Pointe II community development district, who asked planning commissioners to deny the alcohol permit based on county rules banning alcohol sales within 1,000 feet of schools, parks and churches.
Bovis argued that the gated Meadow Pointe II facility, built with public bonds, is a public park and entitled to the same protections as county- or city-owned facilities. Zoning Administrator Debra Zampetti disagreed.

Planning commissioners left the question to county commissioners to resolve when they meet Aug. 12 in Dade City. Their answer could affect dozens of other community development districts across the county in the case of future conflicts with commercial development.

Law Is Vague On CDDs
Based on interviews with county officials, lawyers and community managers, however, it's unclear exactly how public CDD facilities are or should be.

State law exempts CDDs from paying property taxes if their property is used exclusively for the public benefit. But county officials treat CDD facilities as private entities when it comes to banning alcohol sales nearby.

Community development districts are special taxing districts frequently set up by developers to create the underpinnings for subdivisions. The districts borrow money on the public bond markets to build roads, parks and water-and-sewer networks.

Homeowners then repay those bonds through yearly assessments, many handled through the Pasco County Tax Collector's Office.

The public source of the CDD money makes the resulting facilities open to the public - with a hitch, said Andy Mendenhall, who manages the CDD at Meadow Pointe II and the Oakstead community in Land O' Lakes.

"CDDs have to make themselves accessible to the public, but they can charge a reasonable fee to non-residents," Mendenhall said. "It's definitely a different circumstance, but it's not private."

Mendenhall concedes that fact isn't immediately obvious to visitors at the Meadow Pointe II clubhouse.

Fences and gates block casual access to the property. A large sign states plainly that the facility is for CDD members only. Visitors to the pool, playground and tennis courts need a special electronic pass to enter the grounds.

Property owners in the CDD are entitled to the passes. Property Manager Bill Snyder said other Meadow Pointe residents can buy access, but no one from outside Meadow Pointe can use the facilities.

Lawyers: CDDs Can Restrict Access

St. Petersburg lawyer Ellen de Haan, who specializes in homeowners associations, said CDDs open themselves up to liability if they open their doors to the broader community. They are within their rights to restrict access to just the homeowners paying the bills, she said.

Sarasota lawyer John Dent, who represents Pasco County Property Appraiser Mike Wells, said public funding doesn't automatically open a facility to all comers. Other facilities - nursing homes, for example - are built with bonds but not open to the public, he said.

The more restrictions a CDD puts on access to its property, the less it can argue that property is public, Dent said.

Meadow Pointe II resident Evelyn Hernandez is willing to make that trade-off.

"Because I'm paying to maintain this facility as a resident, I'd like to think it's private," Hernandez said as she sunned herself poolside. "If that means we don't have a say in whether they can sell beer or wine, I'm OK with that."

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

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