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Ruling favors Bay Arbor Place

By TAMARA EL-KHOURY
Published January 27, 2007

OLDSMAR - A three-judge panel has overturned the City Council's decision to reject a site plan for Bay Arbor Place, saying the council based its decision on traffic concerns of neighbors and not on the testimony of experts.

The project is a 66,418-square-foot development on the former Cox Lumber site at Tampa Road and Bay Arbor Boulevard, which includes restaurant space, two banks, office space and shops.

"The Court finds that the City Council's decision must be quashed," read the ruling, issued last week by the Pinellas-Pasco Circuit Court. "There is no dispute that Bay Arbor's site plan application complied with all applicable Code criteria."

The lawsuit was filed by Bay Arbor Place LLC after the City Council rejected the site plan in February 2006. At issue was one of the proposed entrances to the development, from Bay Arbor Boulevard. The other entrance was through Tampa Road.

At the February meeting, city staff members recommended the approval of the project contingent upon a few conditions, among them that a traffic study be conducted within the first six months of the development's operation and that the developer widen Bay Arbor Boulevard to allow for a school bus to turn.

The road is the only entrance into a 240-home Bay Arbor subdivision.

Representatives from the Florida Department of Transportation said studies showed that traffic volume didn't warrant a signal at the intersection.

But Bay Arbor residents showed up at council meetings en masse, saying that although they weren't against the project, they were against having an entrance to the project without the addition of a traffic light.

Residents expressed concerns about the increased traffic from the development and were worried about the safety of their kids, who are dropped off by buses at Tampa Road and Bay Arbor Boulevard.

Tony Dzielski, director of transportation for Pinellas County Schools, said school buses wouldn't turn into the subdivision unless a light was installed and the boulevard widened to facilitate bus turns.

The council voted against the site plan.

Though the developer had already filed suit, it came before the council again in April with another site plan, excluding the entrance on Bay Arbor Boulevard. The developer needed to get the project started because it was in jeopardy of losing leases.

The council approved that site plan, excluding a recommendation by staff members to add the controversial entrance from Bay Arbor Boulevard.

Thursday, a representative from the developers, Pantera Development Group, said she was not ready to comment on the court's ruling or the developer's next steps.

The shell of the building is up and the roof is being added.

There aren't many options left for the City Council, said council member Jim Ronecker, who in March will become Oldsmar's next mayor.

"I think our hands might be tied on this," he said.

Doug Bevis, president of Bay Arbor's homeowners association, said that hopefully the increased traffic will eventually warrant a traffic light.

"It's a shame that the so-called experts take precedent over the safety and concern of the community involved," he said.

[Last modified January 26, 2007, 21:34:00]