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Developer Can Mine Land For Dirt

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By LAURA KINSLER

lkinsler@tampatrib.com

Published: March 29, 2009

DADE CITY - Real estate developer Douglas Weiland, who is trying to stave off a $21.5 million foreclosure lawsuit, got a reprieve last week when county commissioners agreed to let him mine a 135-acre parcel in Dade City for fill dirt to sell for two major road projects.

The land on Happy Hill Road, just north of State Road 52, is slated for a 400-home community called Summit View. But the property was linked to another Weiland project near the Suncoast Parkway that is in foreclosure.
Weiland said he is negotiating with Mercantile Bank, which initiated foreclosure proceedings in February after his company, JES Properties, missed two mortgage payments.

The fill contracts could be lucrative. Weiland's zoning for Summit View allows him to remove 2.25 million cubic yards of dirt. Weiland said he is negotiating with contractors to provide fill for County Road 581 and for the new interchange at State Road 54 and Interstate 75. The Florida Department of Transportation pays an average price of $9.15 for a cubic yard of embankment (fill).

Weiland's zoning allowed him to remove the topsoil. "It's not a mining permit," City Attorney Karla Owens said. "It was a component of the development. He had 12 retention ponds on the property.

"Frankly, it would be nice if the bank foreclosed on it so we could go back and alter the conditions," she added.

But Pasco County refused to grant him a permit for his trucks to haul the dirt on Happy Hill Road unless he could provide a $50,000 bond. Commissioners struck a new deal with Weiland last week, granting his right-of-way permit in exchange for monthly payments of $1 for every 4 cubic yards of material removed from the site.
Weiland also will be required to maintain Happy Hill Road and repave it at the completion of the project. He said he hopes to start work in April and will operate within the restricted hours of 8:30 a.m. to 4:30 p.m.
Weiland had a $19.4 million contract with Standard Pacific Homes for the Summit View development. The company was scheduled to make a payment in March.

"They didn't make the payment, but I'm still negotiating with them," Weiland said.

Reporter Laura Kinsler can be reached at (813) 779-4617.

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