Rezoning request for marina fails

A 3-2 vote bars the influx of more intense commercial activity at the Sterling Marina.

By JEFFREY S. SOLOCHEK

© St. Petersburg Times, published June 8, 2000

BROOKSVILLE -- James Sterling leaned against the red brick wall outside the Hernando County Commission chambers and vented.

Commission Chairman Paul Sullivan had it in for his plans to rezone Sterling Marina for additional commercial uses from the start, Sterling complained, ever since Sullivan vowed to carry the banner for Hernando Beach homeowners opposed to proposed changes. Sullivan's comments during the meeting tainted the waters, Sterling said.

So after the commission narrowly rejected his rezoning request Wednesday, the only way to get fair treatment appeared to be in the courts, he said.

The dozens of Hernando Beach residents who filled the hallways around Sterling could not have disagreed more. They cheered victory for their newly formed homeowners association and vowed to keep pushing for restrictions against further commercial intrusion into their residential community.

The commiseration and celebration came after more than two hours of a tense public hearing on Sterling's request to rezone six lots on Shoal Line Boulevard north of Gulfview Drive from a moderate commercial category to a category that permits more intense commercial activity. In the zone Sterling wanted, a marina could offer dockage to fishing boats previously not allowed.

County staffersrecommended against the change, stating it was incompatible with the surrounding residential land uses. The Planning and Zoning Commission disagreed last month, suggesting approval of the rezone.

After hearing a brief review by Planning Director Larry Jennings, commissioners opened the floor to Sterling's lawyer, Kenneth Warnstadt, who made a case for the rezoning.

The marina has met or exceeded all state environmental requirements, Warnstadt said. Sterling plans to participate in the state's clean marina program, he said, and he wants to be a good neighbor, despite what some Hernando Beach residents claim.

In fact, Warnstadt said, Sterling applied for the new zoning to meet a commission directive that would take commercial fishing boats out of residential areas but find appropriate slips nearby. The proposal "just plain makes sense," he said.

The vast majority of more than 60 speakers disagreed. One by one, they cited negative effects adding more commercial vessels to Cheeks Creek , such as water pollution, noise and smell.

"This is a very special area, a fragile area, an environment most of the rest of Florida has lost," said Tom Swing, a 15-year resident. "I am here supporting the Nature Coast. . . . Which of you county commissioners sitting here today will be responsible for renaming us the Commercial Coast?"

Such degradation stands to devalue properties, many argued.

"It's wonderful property," said Joe Bennett, a 10-year resident. "Hernando Beach has enormous potential."

Residents who supported the rezoning had no such problems.

Lisa Savarese, who lives on Diaz Court, said her property value has doubled, even though she has had a shrimp boat docked next door in the past.

Real estate agent Ray Erickson, a 33-year resident, contended that Sterling should have the right to use his property to its highest potential. He claimed newcomers want to change the fishing community's ambience and have created a negative feeling.

After all the speeches and Warnstadt's rebuttal, the commission took up the issue. County Attorney Garth Coller warned commissioners that they had to base their decision on evidence rather than popular opinion.

Sullivan responded by announcing the number of speakers for and against the rezoning, and then asked for a motion.

Commissioner Chris Kingsley, who eventually voted against the rezoning, called upon Sullivan to de-emphasize the numbers and instead focus on the details presented.

After about five minutes more of discussion, Commissioner Nancy Robinson moved to reject the rezoning request. The motion passed 3-2, with Mills and Commissioner Pat Novy opposed. Sterling said he would appeal.

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