Northpinellas: Housing plan clears hurdle

OLDSMAR -- The city has lifted one of the roadblocks for a controversial apartment proposal after a circuit court judge ruled that the city would have to pay damages suffered by the developer for delaying the project.

City officials stopped processing plans for Westminster Apartments after a limited partnership affiliated with the Wilson Co., a Tampa-based developer, filed two lawsuits against the city in May. In the suits, the Wilson Co., or TWC Seventy-Nine Ltd., argued that the city had purposely delayed the project and ignored its own rules during its review of the plans.

Last month, Circuit Court Judge Catherine Harlan ordered the city to start processing the plans. Last week, she signed an order that put the city on the hook for damages Wilson Co. might incur as a result of the delay from the city's appeal.

On Monday, the city resumed processing the project plans.

"The judge shot us with a blunderbuss (an ancient shotgun)," said Oldsmar Mayor Jerry Beverland. "When one of those things are shot at you, you can't get out of the way because the spread is everywhere. I'm totally disgusted by her ruling."

The Wilson Co. has said it could lose more than $13-million in damages if its plans are denied. In court filings, the company also has pointed out that the project could receive state bond financing for $15.6-million, which is an opportunity that could be lost if the company is unable to meet a September deadline.

"TWC will suffer tremendous and irreparable injury as a result of further delay in this case," according to a filing signed by company attorney Darryl R. Richards.

The amount of damages that the city could face would be determined during a trial, said City Attorney Tom Trask. The city's insurance company has already notified the city that its policy would not cover damages incurred by the lawsuit.

In February, the Wilson Co. submitted a proposal to build a $22-million, 270-unit apartment complex on Forest Lakes Boulevard for residents with low and moderate incomes. Neighbors quickly formed a community group to oppose the plan.

In May, City Council members approved the Westminster site plan by a 3-2 vote, with Mayor Jerry Beverland and council member Marcelo Caruso voting no. The approval came with seven conditions. One in particular, according to Wilson Co., was designed to kill the project.

City officials required the company to donate 2.6 acres of parkland to the city and targeted a specific part of the company's 27-acre site to fulfill that requirement. The company argued that giving up the land required by the city would make the project economically unfeasible.

Instead, the company proposed giving the city 4.23 acres of land that is "useless" and "unacceptable" to fulfill the city's parkland dedication requirement, according to the city.

The company also contends that the city's own land development code says that a fee "shall" be paid when a developer offers to fulfill the parkland dedication requirement with land that does not meet the city's criteria. City officials have refused to accept the fee, arguing that the city is not required to accept the fee in lieu of a land dedication.

"Oldsmar's staff and City Council have taken every opportunity to throw roadblocks in the path of the Westminster Apartment complex and interpreted Oldsmar's (land development code) in a "forced' manner to create a condition designed to kill the project," according to the company's filing.

The Oldsmar Community Alliance, a non-profit organization of homeowners who banded in response to the Westminster proposal, said it would continue to oppose the plans. On Monday, representatives of the group met with city officials, claiming that the city has allowed too many units on the proposed site to abide by a county rule on land development.

"We are going to continue to fight," said the group's president, Michael Lucas. "All we are trying to do is make sure . . . that (Wilson Co.) at least follows the rules and they are just not going to be allowed to come in here and do whatever they want."

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