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Letter to the editor

Halls River rezone is back

F. Blake Longacre's attorney has hinted a lawsuit might be coming because, he says, some of the developer's rights have been taken away.

By JUSTIN GEORGE
Published July 14, 2004

INVERNESS - The Citrus County Commission meeting Tuesday seemed more like a weigh-in of two boxers, posturing for an upcoming rematch.

"Please don't run me around anymore," F. Blake Longacre, hopeful developer of the embattled, divisive Halls River Retreat project, told commissioners, before walking quickly out of the county courthouse's commission chambers in disgust.

Longacre sought to rezone his property to general commercial so he could build what is known as Halls River Retreat, a 54-unit condominium time-share complex located on about 10 acres along the Halls River in Homosassa.

Commissioners approved the controversial project in February 2002, despite being rejected by a planning advisory board and drawing strong criticism from environmentalists, who sued. That resulted in a judge overturning the decision in November 2002, killing the project.

The judge ruled a project the size of Halls River Retreat did not fit along the riverbank, according to the county's own comprehensive plan, which seeks to limit residential growth in coastal areas.

The broad ruling also pointed out many problems with county zoning and led Citrus to eliminate the zoning category, "mixed use," which had been the designation for Halls River Retreat property.

Since that category was ruled legally invalid, county officials decided this year to designate the Halls River Retreat site as low-intensity coastal and lakes, which would allow the construction of only one home. Since that zoning would prevent Longacre from building his project, he is seeking a general commercial designation, which would allow for the county's most broad development rights: gas stations, apartments, retail stores, among other uses.

The Planning and Development Review Board, an advisory board to commissioners on building matters, has rejected the rezoning request. Commissioners heard the proposal for the first time Tuesday.

They made no decision but will rule on it during a public hearing scheduled July 27.

Although commissioners Josh Wooten, Roger Batchelor and Jim Fowler supported Halls River Retreat two years ago, Wooten has voiced opposition to the project since. It's unlikely the commission will approve the rezoning request.

But Fred Reeves, Longacre's attorney, has indicated developers have another reason for resurrecting the project. They are considering a lawsuit against the county claiming the government improperly zoned Halls River Retreat "mixed use" and ultimately took away some of Longacre's property rights.

The rezoning request and its result could be used as evidence in a suit.

"The quiver of rights to this property should be maintained," Reeves said. "We would again ask that all those property rights be restored."

Reeves also requested that all records from the original Halls River Retreat project be included as records this time around.

Commissioners, however, argued that they shouldn't because they were not relevant in a zoning request hearing. They eventually conceded but would not budge from their position that they would only review the zoning request and not the specific details of the Halls River Retreat project.

Development Services Director Gary Maidhof told commissioners general commercial zoning for the site was inappropriate, and cited soil, traffic, water and sewer concerns.

Reeves responded by saying developers were willing to pay for any upgrades needed to resolve those issues. He said there were no environmental limitations on the property.

Following discussion, Longacre stood up, requesting to speak to commissioners. He said he has grown tired of trying to gain approval of his project, and blamed the county for the delay.

He said he had no other intentions except to build Halls River Retreat, which commissioners have already approved. He questioned why commissioners were debating whether the Halls River Retreat site should be zoned general commercial when they know what will go there - and already approved it.

"Goodness folks. I didn't want any of this ever. Can we please make a decision on this project? I'm only going to build this project there. But please don't put me on this merry-go-round of dotting some I's and T's that gets me back here. . . .I just simply ask you, please don't tie me up in some quagmire."

Afterward, Joyce Valentino, a longtime resident and candidate for County Commission, urged commissioners to stick to the merits of Longacre's zoning request.

"This has turned into a courtroom with a jury with him presenting a case for a project," she said. "I am hoping you make a point of order to stick with the application at hand."

Commissioners on Tuesday approved several changes to the county's Animal Control ordinance, which aims to reduce the number of animals brought into the shelter and euthanized.

Of the 7,374 animals Citrus County Animal Control took in last year, 4,278 were euthanized.

Under the changes, the name of the agency will become Animal Services. Pets can't be tethered longer than four hours a day. Rabies shots will be cheaper for pets that are sterilized, which is being encouraged. Rabies licenses would last three years instead of one because of the effectiveness of vaccines.

Dogs who attack someone, but not seriously, will be able to earn a new "hazardous" label instead of being lumped into the current "dangerous" category, which can soon lead to euthanasia.

Animal Control workers will soon be able to release strays that are licensed and tagged to their owners when found instead of them being taken to the Inverness shelter, because of the policy change. Microchips will also be implanted into every shelter animal released.

The changes take effect Aug. 1, which will give county officials enough time to educate the public on the changes, Assistant County Attorney Michele Slingerland said.

- Justin George can be reached at 352 860-7309 or jgeorge@sptimes.com

[Last modified July 14, 2004, 01:00:43]