A Times Editorial

Win or lose, vote has message

There are probably few Oldsmar residents who know they need to go to the polls Tuesday to vote in a referendum. Even fewer may know that this referendum, if it passes, cannot accomplish the goal that its instigators had in mind.

That is, this referendum will not block completion of the Westminster apartment complex under construction at the end of Forest Lakes Boulevard. Lawyers on both sides of the issue agree about that.

So why bother to vote?

Because those most motivated to vote Tuesday will be people who oppose the apartment project. Don't let them be the only voice heard. All registered voters in Oldsmar need to go to the polls and vote their conscience. It is our hope that their consciences will guide them to open their hearts and minds to people who need a home in Oldsmar, and that they will be motivated to put this disruptive issue to rest at last.

This unusual, mid April call to the polls is the result of a petition drive by opponents of Westminster, a 270-unit apartment complex that will cater to working people of low and moderate incomes. Any citizens group can force the city to schedule a referendum by getting the signatures of 20 percent of the city's registered voters.

There will be only one question on the ballot Tuesday: "Shall Ordinance 2002-01 providing for an affordable housing density bonus be repealed?"

Ordinance 2002-01, passed by the Oldsmar City Council in January, gave the Wilson Co., which is developing the Westminster project, the legal right to build up to 35 percent more apartments on its site than the law otherwise allows. The ordinance states that the density bonus is provided as an incentive for the company to build affordable housing, which is much needed in Oldsmar. The bonus applies only to the Westminster project.

There is nothing wrong with such density bonuses. Many cities and counties have them -- some substantially larger than 35 percent -- to entice developers to build less-profitable housing for people who can't afford high-priced apartments or single-family homes. Oldsmar's own comprehensive plan calls for creation of a city density bonus plan because of a stated need for more affordable housing. But a density bonus plan had not yet been adopted when the Tampa-based Wilson Co. brought in plans for the well-designed, lushly landscaped Westminster complex on 27 vacant acres on Forest Lakes Boulevard.

The city gave the developer permission to build 270 units, but much later learned that the city staff had calculated the allowable units in a way that violated county rules. Only 207 units should have been permitted. But by then, Westminster was already designed and financing had been obtained. To solve the dilemma, the Pinellas County Commission told the city that if it would enact an affordable housing density bonus for the Westminster project, the county would not enforce its rules.

The city did so and issued the building permits. Construction already is under way.

Residents of Forest Lakes-area subdivisions have bitterly opposed the project all along. Early on, some residents said they feared crime would go up and their property values would drop -- clearly a discriminatory attitude. Later, opponents focused on other reasons, contending the project would bring too much density and traffic and too many children for local schools. Some have angrily denied any charge that their opposition stems from a dislike of poor people or minorities.

Regardless of the reasons, the opponents have fought Westminster, in court and out, with a determination not seen in local land use cases. They have lost most battles on legal grounds. The Wilson Co., which says it has developed some 20 projects like Westminster without substantial opposition, has been equally determined to preserve its right to build this project in Oldsmar.

That brings us to Tuesday's referendum. Even if the voters vote to repeal the density bonus ordinance, Westminster still will be built with 270 units. The city, in a legally binding settlement agreement with the Wilson Co. and the county, said that its approval of the Westminster project on May 1, 2001, provided a de facto density bonus of 35 percent. So even if the density ordinance later passed by the City Council is struck down by the voters Tuesday, the settlement agreement still ensures the developer will get the extra units. Oldsmar City Attorney Tom Trask agrees that is the case. So does Wilson Co. attorney Tim Johnson.

If the city were to violate that agreement and stop construction, the Wilson Co. could go to court and seek up to $15-million in damages. Oldsmar's taxpayers can't afford that.

Since the referendum can have no real effect on the project, its passage Tuesday could only be regarded as a symbolic vote against affordable housing. Voters, do you really want your city to be seen as the kind of place that opposes homes for people who, though they work hard, can't afford to live in your pricey subdivisions?

Keep in mind that your city government already has formally confirmed that the city needs more affordable housing and that it should develop a density bonus plan to encourage such construction. Keep in mind that Oldsmar has for several years worked to attract manufacturing companies to its industrial parks to increase the city's tax base and the city will need more places for those workers to live.

Keep in mind that a community that tries to shut out people who are different is weaker for it in the end.

The Times recommends a "no" vote on Tuesday's ballot question.

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