The developer of the upscale housing project says he thinks council members went looking for a consultant that would give them the opinion they wanted.
By ALEX LEARY
Published October 14, 2004
PORT RICHEY - At first, it seemed routine. The City Council on Tuesday night approved a contract to pay a consultant $75 an hour to evaluate development plans.
But even before the vote was taken, the consultant had delivered a report on a highly controversial development, Rocky Creek Estates.
The timing of Fred Lowndes' report - faxed to the developer only hours before the meeting - caused a stir, but not nearly as much as the substance.
Unlike the city's contract engineering firm, which raised issues early on but ultimately concluded the proposal passed muster, Lowndes noted a host of potential problems, from traffic to environmental.
Lowndes, a former county zoning official, said a final plat approval should not be issued until state and federal permits are secured for the extension of Limestone Drive, suggested a lower building density, and called for a survey of protected plant and animal species.
Not the kind of thing developers like to hear.
"This is insane," Joel Tew, attorney for Clearwater developer Marty Rosato, told the council. "It makes no sense what we're doing."
Tew insisted the report be dismissed, noting the previous review had already raised issues that were met by Rosato, and there was never any question the development would need state environmental permits.
Tew also objected to the court-like formality the council applied to the hearing, suggesting it was another way to stymie the project, which calls for 43 million-dollar homes on gulf-front property once pegged for state preservation. "There shouldn't be a dog and pony show," Tew said. "We should have been out of here in five minutes."
Mayor Eloise Taylor said the formality was appropriate given the level of interest from people for and against the development off Ebbtide Road. "Our job is not to rubber stamp things as Mr. Tew thinks," she said Wednesday.
After the shouting died, the council voted to postpone discussion until Oct. 26. But that does not mean Lowndes will go away.
Taylor said the two weeks would give time for him to sit down with the contract engineer, TBE Group Inc., and go over the conclusions of their respective reports.
Larry Fluty of TBE Group sat silent at the back of the council chambers Tuesday night. Afterward, he said he was surprised by Lowndes' report and that Lowndes was not qualified to speak to engineering issues.
Fluty said he would meet with Lowndes, but right now, could not see how his opinion would change that the project met applicable codes and standards.
Rosato, whose plans have drawn significant neighborhood opposition, called the latest wrinkle "outrageous," and said he would seek legal action if necessary.
"They're acting very peculiar," Rosato said of the council. He said that in hiring Lowndes, the council seemed to be shopping for a different opinion.
So how did Lowndes come to work on the project?
Lowndes said he was first approached by city attorney Jerry Figurski (whose partner, Ben Harrill, once represented Rosato) about general planning work. He recently went into private consulting after nearly two decades overseeing zoning issues for Pasco County.
Not long after talking with Figurski, Lowndes said, he got a call from Taylor telling him money was put in the budget to hire him. At that time, Taylor told him about Rocky Creek Estates and at least one other project, he said.
Taylor said Tuesday she had basic questions about the preliminary plat approval process, such as what criteria and standards are applied. "You can conjure up any conspiracy theory you want," Taylor said of Rosato's criticism. "It simply didn't happen that way."
