Print

Email story

Comment

Email editor

Mixed-use beach project faces court challenge

Indian Rocks Beach leaders question the wording of a development referendum.

By SHEILA MULLANE ESTRADA
Published October 30, 2005

INDIAN ROCKS BEACH - The future of a proposed mixed-use development here that would include a Publix grocery store may be placed in the hands of the courts.

At issue is the legality of a petition-driven referendum that seeks to rezone a block at the northern end of town to allow construction of a multiuse, three-story building. The building would include a Publix, a parking garage and 20 condominiums.

"If the initiative petition as proposed is presented to the electorate, it is uncertain as to the legal effect it would have upon passage," the city's attorney, Andrew Salzman, told the City Commission. "A court would be hard-pressed to interpret the intent of the electorate based on the language presented," he said.

To avoid confusion, the commission unanimously decided Tuesday to challenge the wording of the proposed voter referendum before it appears on the ballot.

This action apparently makes moot efforts by developers to reach a compromise with the city. They wanted to increase the possibility that the project would be approved, either by voters or the city.

Barring court action, the final wording of the referendum will be up to a special committee representing the more than 500 citizens who signed the referendum petition.

The bottom line is that unless a court throws out the entire referendum as legally invalid, the voters will be able to decide the fate of the Publix development.

On Tuesday, the commission also rejected a related proposal offered by the developers, A.G. Armstrong, to enter into a development agreement with the city prior to any voter referendum.

The commission still must vote this month on the pending referendum. Under the city's charter, commissioners could approve the referendum, reject it or propose a competing referendum question. If it were to do the latter, and both referendum questions were approved by voters, the one receiving the highest number of votes would win. The commission has not decided whether it will propose an alternative referendum, an action they must take no later than Nov. 15.

Indian Rocks Beach residents are divided on the issue.

Members of the commission feel that whatever the merits of the proposed project, it violates the city's zoning codes and comprehensive plan.

The developers want the city to consider the project as a planned unit development, or PUD. But the property currently holds two different zoning designations, one that allows a PUD but not business or retail use and another that does not allow a PUD or residential uses.

"It's a Catch-22," said Commissioner R.B. Johnson.

"Perhaps it's time to put this in front of a magistrate and see what is legal," said Commissioner Jeremiah Carmody, who also predicted that the referendum will be "crushed miserably" by "savvy" voters.

[Last modified October 30, 2005, 01:13:18]