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Denton Oaks Wins OK To Build 78 Homes

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By JULIA FERRANTE

The Tampa Tribune

Published: May 5, 2008

HUDSON - Three years after submitting plans, the developer of Denton Oaks has won approval to build 78 homes on 39 acres off Denton Avenue.

Despite neighbors' continuing objections, county commissioners in a recent 4-1 vote reversed a September decision to limit the number of houses in the subdivision to 39.

A panel of appellate judges ordered county officials to rehear the case, saying the commission did not consider evidence about emerging development in the area.

Commissioner Jack Mariano, who represents Hudson, cast the dissenting vote, maintaining that Denton Oaks is incompatible with surrounding areas. Several residents supported his position, saying they worry that additional houses will compound flooding problems.

The board's approval does not bring an end to objections by the developer, Metro Development Corp., said attorney James A. Martin Jr., of MacFarlane Ferguson & McMullen in Clearwater.

Metro has declared intensions to sue the county for $8.86 million, saying investors missed out on a spike in real estate prices because of two years of permitting delays. The developer claims the county violated its rights under the Bert J. Harris Act, which protects property owners from having their rights arbitrarily denied.

Metro extended a $225,000 settlement offer to county commissioners April 15, but they rejected it. Martin said the offer represents costs Metro incurred for appraisals, permit applications and engineering fees in pursuit of a Harris claim.
County Attorney Jeffrey Steinsnyder said at the time the company is not entitled to damages, but Martin said Thursday it now appears county officials are willing to negotiate.

In remanding the case, the appellate court said county commissioners bent to the "whims" of Mariano, the resident commissioner, and ignored the law in limiting the development to 39 houses.

Citing a report by the Urban Land Institute, which evaluated Pasco's growth, Mariano noted before Tuesday's vote that the county has a glut of residential development - enough, in fact, to last six decades. The commissioner argued Denton Oaks will contribute to sprawl.

"We don't need more residential development," he said. "Don't we have a 60-year supply?"

Commissioner Ann Hildebrand agreed more homes may not be needed, but the board had to base its decision on conditions at the time Metro applied to build houses off Denton Avenue. Metro has another project with 117 houses across the street.

"With all due respect, this was remanded," she said. "It's not like this is a brand new development coming to us."

Commissioner Michael Cox agreed, saying, "It might not be a popular decision, but it's one that needs to be made."

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

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