Talk of sale as foes hem project

The Halls River Retreat developer negotiates over his 11-acre tract and tries to stall a permit challenge.

By BRIDGET HALL GRUMET, Times Staff Writer
© St. Petersburg Times
published August 7, 2002

HOMOSASSA -- Exploring alternatives to building his 54 time share condominiums as planned, Halls River Retreat developer F. Blake Longacre is negotiating with several parties interested in buying his 11-acre tract on the Halls River, according to state records.

The interested parties include private buyers and governmental entities, such as Florida Communities Trust, a program that helps buy environmentally sensitive lands for passive parks.

Among the applications competing for $6.6-million in Florida Communities Trust dollars this year: a proposal by the Save the Homosassa River Alliance to buy Longacre's site and turn it into a community park.

It is too early to tell, however, whether a sale will go through or whether Longacre will press forward with his condo project.

Longacre declined to comment Tuesday on the negotiations. But he has asked a state hearing officer to postpone the Sept. 11-13 hearing on the challenges to his permit from the Southwest Florida Water Management District, saying a possible sale could make the dispute moot.

"Given that these negotiations are ongoing (they will take until at least Nov. 1, 2002, to complete), it would be a waste of judicial time and resources and the parties' time and resources to prepare for hearing when the (Environmental Resource Permit) may not be needed or sought by the applicant," states Longacre's three-page motion.

The Save the Homosassa River Alliance, the group challenging the Swiftmud permit, objects to any delays, even if a sale is in the works.

"If Longacre is so confident that negotiations (to sell the property) are going to prove fruitful, he should withdraw his application (for the Swiftmud permit)," said Denise Lyn, the attorney representing the river alliance. "Otherwise, my clients have the right to a time certain for the resolution of the dispute."

News of the possible sale of the site comes amid other developments:

The Florida Fish and Wildlife Conservation Commission last week reaffirmed its objections to the 18-slip marina planned for Halls River Retreat, rejecting Longacre's argument that the time shares would not create more boat traffic than an apartment complex.

Meanwhile, a Brooksville judge has asked Citrus County to make its argument against the opponents' requests for a new County Commission hearing on the Halls River Retreat project. The Save the Homosassa River Alliance and Protect Our Waterways, an ad hoc group of homeowners, have alleged procedural flaws in the Feb. 12 hearing.

"When (the developer) start(s) losing, you have to take stock of what you're doing and ask: Is this a good investment? Am I throwing good money after bad?" said Winston Perry, member of the Save the Homosassa River Alliance.

"You've got to stop and weigh the consequences and decide if it's time to move onto greener pastures somewhere else," Perry said.

Scaling back

The Florida Fish and Wildlife Conservation Commission still objects to Longacre's plans for an 18-slip marina, although it could support docking for 11 boats.

Florida Fish and Wildlife withdrew its support of the project in June, saying the marina would bring "intensive boat use" to an essential manatee habitat. The agency cannot pull the plug on the project, but its concerns could affect the Swiftmud permit.

Fred Reeves, an attorney for Longacre, sent a four-page letter asking the agency to reconsider.

"(I)t is inherently unreasonable to assume that residents of the retreat will produce a higher level of boat traffic than a traditional residential facility, such as a condominium or an apartment building," Reeves wrote in June 27 response.

"While a unit may be owned by six different owners, only one owner will be in residence at any time."

The county's Manatee Protection Plan allows one boat slip per 100 feet of shoreline on residential properties. The Halls River Retreat site has 1,860 feet of shoreline.

But Fish and Wildlife says the time share project is not "residential." The agency believes time share visitors would use the boats more frequently than year-round residents, who use the water once every 6 to 11 days.

"With only a short time to spend on the site, a short term occupant would very likely concentrate his or her recreational use in the short time available more than a year round resident would," states the July 29 letter from Kenneth Haddad, the agency's executive director.

The agency suggests Longacre scale back his plans to 11 boat slips, the amount that could fit within the existing canal.

"That's fine," Longacre told the Times. "I don't have any problem with that."

Moving forward

The court challenges to the project have also moved a step forward.

Two opponents groups have called for a new County Commission hearing on the Halls River Retreat project, saying they didn't get a fair shake at the one in February.

The arguments passed legal muster last week with Circuit Judge Jack Springstead, who ordered the county to respond by Aug. 20 with reasons why a new hearing is not necessary.

County Attorney Robert Battista said such orders from the judge are routine in land use disputes.

"It's almost unheard-of for the judge not to issue (the request for a response)," Battista said. "I don't personally think it's a significant issue or a significant plateau that (the opponents' groups) have achieved."

Battista said the commission conducted a fair hearing, using rules the attorneys agreed to in advance.

But the challengers' attorneys have alleged procedural problems at the hearing.

Lyn, for example, said she should have been allowed to cross-examine the developer's experts.

She said Springstead's order to the county is a milestone for the river alliance.

"It means the judge agrees we have standing, the right to object to what the county did and he's giving us our day in court," Lyn said. "So maybe the county sees the (orders) are always granted, but for my clients, it means a lot to them."

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