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Judge will decide on crematory

Serenity Gardens has filed a law su it over the city's decision to block the project.

By NICOLE JOHNSON
Published November 9, 2006

LARGO - The city's decision to block development on what would have been the county's largest crematory will go before a judge for review.

Ed Armstrong, the lawyer who represents Serenity Gardens Memorial Park, filed the lawsuit in Pinellas Circuit Court Friday.

"We own property with crematorium as a permitted use," Armstrong said. "We will let the judge decide if the commission made a legally supportable decision or not."

In June of last year, Serenity Gardens' owners proposed building a 13,177- square-foot crematory on the southeast corner of the cemetery's property on Wilcox Road, just north of Mia Circle. The one-story crematory would have three furnaces and serve nine funeral homes in Pinellas and Hillsborough.

Residents quickly opposed the plan, packing community meetings and City Hall. They worried about environmental hazards and dipping property values.

Crematory emissions include carbon monoxide and sulfur dioxide. Mercury can be released during burning of people with silver dental work.

The crematory project was not originally set to go before the City Commission. The land on which the owners wanted to build the crematory was already zoned for institutional use, which included crematories.

City staff determined that the plan was technically correct. But the staff also decided that the case should go before the planning board and commission because of a section in the city's code that allows for a public hearing in cases in which a staff decision may not protect the public interest.

"The City Commission is charged with making the decision of whether or not this is compatible with the surrounding area," said City Manager Steven Stanton. "And their direction to us has been very clear. They don't feel that this was compatible."

In early October, Largo commissioners denied the request to build the crematory. Weeks later, Serenity Garden's owners said they attempted to submit an alternative plan that would have located the crematory 600 yards farther away.

The move would have provided a bigger buffer for residents south of the project and eliminated a driveway on Wilcox Road. The crematory would have been downsized to 9,000 square feet but would have maintained three furnaces.

"They apparently wouldn't even vote on whether or not to enter into the discussion," Armstrong said about the new plan. "And to be fair, they don't have to. ... That's what courts are for, to make decisions on tough cases like this."

Stanton said the applicant did send a letter to the city with details on the new plan, but it was irrelevant since the City Commission was gearing up to change the zoning of the location.

"It was the City Commission's position that the use, irrespective of the size and location, was inappropriate and incompatible with the residential area," Stanton said.

Commissioners voted Tuesday to direct staff to begin research on how they could formally change the zoning. Staff will have to determine where a crematory should be located in the city and under what circumstances.

"People said this belongs in an industrial area. That sounds good, but there are a lot of residential properties right next to industrial properties," Stanton said. "You could relocate the problem from one area of the community to another."

It could take several months before the judge makes a final decision in the case.

Sam Maisano, who lives across the street from the cemetery in Kensington Oaks, intends to stand by the city to the end.

"We're not going away," Maisano said. "They could burn as many as 10,000 bodies a year. That doesn't belong there. This is our home."

Nicole Johnson can be reached at njohnson@sptimes.com or 727445-4162.

[Last modified November 8, 2006, 23:50:29]