Survey teams seek rare species

By Terry Witt

State survey crews have begun visiting properties along the chosen route for Suncoast Parkway 2 in Citrus and Hernando counties to determine whether two rare species, one plant and one animal, live there.

Florida Turnpike Authority spokesman Joanne Hurley said residents along the parkway route might encounter the survey teams, and if they do, the teams are carrying a letter of introduction.

The survey teams are looking for the state and federally threatened scrub jay and the state endangered pond spice, a member of the laurel family that grows in ponds and swamps, Hurley said.

The search for the two species is being done in advance of a larger evaluation of the parkway route. Federal agencies directed FTE to conduct the advance survey because the scrub jays are breeding and the pond spice is in bloom, Hurley said.

Suncoast Parkway 2 is a four-lane toll road that will extend from northern Hernando County to U.S. 19 at Red Level north of Crystal River .

FTE selected the route in 1998 and is starting the formal process of re-evaluating the 9-year-old alignment to determine what has changed.

The agency is negotiating a contract with Dyer, Riddle, Mills & Precourt (DRMP), the company that will conduct the evaluation. A final contract is not expected until June.

Additional fieldwork is scheduled to begin in June when the contract with DRMP is finalized.

Lull Prompts KB Home To Sell Land

By SHANNON BEHNKEN The Tampa Tribune

Published: Apr 10, 2007

ST. PETERSBURG - A sluggish real estate market and a glut of vacant land in some areas have KB Home, one of the nation's largest home builders, trying to unload land in three Bay area counties.

A St. Petersburg development and acquisition company, The Cypress Co., is poised to purchase seven of KB's undeveloped subdivisions in Hillsborough, Pasco and Polk counties, said Blake Whitney Thompson, Cypress' vice president and general counsel.

Los Angeles-based KB isn't the only builder finding that it overestimated demand for new homes in some markets. Thompson said he is in talks with several other major builders that want to shed land. This could mean less expensive homes and property for consumers and developers who have been used to dealing with high prices in recent years.

"It's a very poor market in Florida right now," said Greg Gieber, an analyst with A.G. Edwards & Sons in St. Louis . He covers KB and other home-building companies. "Builders have too much land and aren't in the position to hold on to it for very long."

Cara Kane, a spokesperson for KB in Florida , confirmed the contract with Cypress but said she couldn't answer specific questions because of a confidentiality agreement.

Kane said a housing slowdown in some markets, including the Bay area, has pushed KB into re-evaluating its building plans. That means shedding excess land in some areas of the region, she said.

The company still plans to grow, however, and may purchase land in other local markets, she said.

"This is not a sign of KB Home exiting the market," Kane said.

KB is developing or has built 20 subdivisions in the Tampa Bay area since it entered the market in 2002.

During the most recent real estate boom, builders stockpiled land because of rising prices and a short supply, said Joseph Narkiewicz, president of the Tampa Bay Builder's Association. Now that market conditions have changed, some of the planned subdivisions no longer are profitable, he said.

Cypress Deal To Close On June 1

"Builders are evaluating their holdings; some are trading sites, selling some and buying others," Narkiewicz said. "Some may want to shake loose lots, because you can only hold on to so many lots and build so many houses."

The Cypress deal is expected to close June 1. The land is vacant and has been given subdivision names such as Legends Point and Freedom Ridge. They include four in Hillsborough, two in Pasco and one in Polk County . Cypress did not provide locations but said some of the subdivisions are in the Riverview and north Tampa areas.

The purchase price for the land was not disclosed, but Thompson said his company generally is offering about $14,000 to $17,000 per home lot. By comparison, the same types of lots typically went for $50,000 to $60,000 last year, Thompson said.

As a result of the deal on the land, he said, consumers will benefit through less-expensive homes. Cypress teams up with Adams Homes of Northwest Florida to build single-family homes. Cypress would develop the lots, put in sewer and utility lines, and then sell them to Adams Homes, a private builder that plans to build about 1,000 homes priced from the high $100s to the low $200s, Thompson said.

Thompson said his group can afford to offer lower prices because it can take its time building. "If it normally would take two years to develop an area, we can afford to double that," he said.

Adams Homes was formed in 1991, is based in Gulf Breeze and builds homes in the Southeast. The company only recently moved into the Bay area and is building its first five homes in Riverview, said Brian Adams, regional manager of southwest Florida .

The Cypress Co. is an acquisition and development company and has a private equity arm for real estate and corporate investments. The company is active in eight states. Some of its projects include the Walker-Whitney Plaza , a 56-unit condo building in downtown St. Petersburg and 325 single-family-home sites in South Carolina .

"This Is Good For Consumers'

The KB contract doesn't surprise some analysts, such as Gieber of A.G. Edwards and Paul Puryear of Raymond James & Associates in St. Petersburg .

Sales of new homes nationally fell sharply in February to the lowest level in almost seven years. The supply of unsold homes climbed to the highest in 16 years, the Commerce Department said last month.

KB said recently that it suffered a loss in its fiscal fourth quarter. KB Home posted a loss of $49.6 million, or 64 cents per share, after a profit of $304.4 million, or $3.44 per share, during the fourth quarter of 2005.

"All the home builders are trying to sell off excess land, without exception," Puryear said. "This is good for consumers who are trying to buy."

Information from Bloomberg News and The Associated Press was used in this report. Reporter Shannon Behnken can be reached at (813) 259-7804 or

sbehnken@tampatrib.com

Dunnellon halts new growth
Vote for moratorium met with pushback

BY FRED HIERS
STAR-BANNER

DUNNELLON - The Dunnellon City Council approved a moratorium on growth Monday that will put an end to large-scale development there for the next year.

Citing the city's inability to provide utilities to new subdivisions, an outdated Comprehensive Plan and no development outline, the council unanimously approved the moratorium during a public hearing. It will not affect construction of individual single-family houses on residentially zoned land nor construction projects already approved by the city.

Mayor Dan Rutkowski said halting large-scale construction was needed to give the city time to "put our house in order before we move forward."

But Clark Stillwell, lawyer for developers Rainbow River Ranch LLC and Conservation Land Group LLC, said in an April 3 letter to the city that the moratorium was meant to "implement a no-growth policy on these properties."

He said there was no need for the moratorium.

The city and Rainbow River Ranch have feuded for a year over its proposed 450-home development, the project's proximity to the Rainbow River and whether the developer recently cut too many trees on its 250 acres.

Citing the city's claim of lack of utilities, Stillwell said there was no documented shortage of utility capacity and the city had no financial plan in place to remedy the utility shortfalls as the moratorium required.

As for the city's Comprehensive Plan being out of date, Stillwell argued in his letter the document was approved by the Florida Department of Community Affairs and met all state requirements.

He also said there was no basis to allow single-family development exceptions because their impact on city infrastructure likely exceeded expected growth during the coming year.

Dunnellon resident Carol Hewett said the City Council had an obligation to stop large-scale growth as the Rainbow River 's level of pollutants continued to increase because of exponential growth in the area of the city of 1,900 people.

Hewett, who is also a lawyer, is currently suing the Department of Environmental Protection, saying the agency was not doing enough to enforce its own rules regarding the Rainbow River Ranch proposed development.

But with an interim city manager and a development director out sick, city resident Penny Fleeger told the council it should wait before approving such a sweeping measure.

"We're going to be going in weak without good staff," she said. "I don't want to see us stumble over our own feet."

Fred Hiers may be reached at fred.hiers@starbanner.com or (352) 867-4157.

The Sad Saga Of Piney Point Pollution

Tampa Tribune Editorial Published: Apr 10, 2007

The polluting discharges at Piney Point phosphate plant have finally stopped. But the public has little to celebrate in this saga of industry abuse, state neglect and federal indifference.

The debacle has cost state taxpayers more than $100 million in cleanup costs and fouled Bishop Harbor , one of the most productive marine life sanctuaries in Tampa Bay .

And though scientists are uncertain, many residents believe the discharges of nutrient-rich water fueled the recent outbreaks of red tide that have devastated beach communities.

The accident never should have happened. But a lax state permitting system allowed a company with a history of violations to take over the plant in Manatee County . The company failed to maintain the facility and then abandoned it, forcing the state Department of Environmental Protection to clean up the mess.

Because acidic water in the plant's holding ponds was in danger of overflowing into Tampa Bay, which would have caused a catastrophic fish kill, DEP began treating the water to reduce its acidity and releasing the nutrient-rich water into Tampa Bay.

It tried other solutions, but none proved sufficient. The federal government nixed the most sensible: loading the tainted water onto barges and dispersing it over large stretches of the Gulf of Mexico far off shore.

So instead, the state had to continue discharging the wastewater directly into a shallow estuary. Algae blooms followed. So did red tide.

And after four years, and dumping 1.1 billion gallons into the bay, DEP finally has halted the discharges.

How long the bay will continue to suffer is anyone's guess. But Piney Point should reminds us all of the dangers - to taxpayers as well as public resources - of indulging polluters.

Desalination Operation Producing Water Again

By NEIL JOHNSON The Tampa Tribune

Published: Apr 10, 2007

TAMPA - For the first time since June 2005, the troubled desalination plant is producing a regular supply of water.

On Monday, the plant at Apollo Beach produced 12 million to 15 million gallons. That's in addition to about 20 million gallons produced during the weekend.

The amount of water coming from the plant is expected to increase until it reaches the plant's capacity of 25 million gallons a day.

The $110 million plant was shut down in early June 2005 for repairs and has been idle ever since.

Once the plant is running at its capacity with no problems, the company fixing the plant will begin a 30-day test run to determine whether the repairs were successful.

That test may begin this month or in early May. Once that is finished, the plant is expected to supplement the area's drinking water supply with up to 25 million gallons a day, easing the strain on other sources of fresh water.

The desalinated water will be mixed with water from rivers and wellfields and go to customers in Hillsborough, Pinellas and Pasco counties.

The plant opened in 2003 but never ran properly. Ultrafine membranes that filter salt from the sea water clogged too quickly, driving up costs and requiring frequent cleaning.

A lawsuit over the $48 million in repairs is pending.

Suit may entangle new golf course

By Stacey Singer

Palm Beach Post Staff Writer

Tuesday, April 10, 2007

Palm Beach County 's plans for an Everglades-hugging golf course may have veered into the rough after an environmental lawyer filed a legal challenge against its million-gallon-a-day water permit.

"The Water Management District in April 2006 said they were drawing a line in the sand and not giving anymore water from the Everglades," said West Palm Beach attorney Marcy LaHart. "They turned around and did just that."

The South County Regional Park 's golf course and amphitheater are under construction at the west end of Glades Road , next to the Arthur R. Marshall Loxahatchee National Wildlife Refuge. The park's 27 holes, roads and buildings have cost about $40 million to sculpt, and have taken nearly nine years to finish.

But just as the course is nearing completion, the final step of putting sprigs of grass into the dirt is in jeopardy.

First came the water hazard as drought conditions forced a planting delay. The county had hoped to salvage the season by inserting the sprigs along just 18 holes once the rain starts. The other nine could be finished later. But now the legal threat may pose an even bigger handicap.

"The later we start sprigging in the summer means less growing time as we move into fall - and cooler temperatures and less sunlight," said John Chesher, director of county capital improvements.

If the legal dispute isn't resolved quickly, the taxpayer-financed project could grow even more costly. Its total tab, including interest, already rivals that of Donald Trump's lavish Trump International Golf Club.

If the course can't be planted this spring, the county might have to end its $7.6 million contract with Malphrus Construction, which was to finish the course this year, said County Administrator Bob Weisman. He couldn't estimate how much the challenge might add to the project's expense.

"If we have to terminate the contract, it's not going to get any cheaper," Weisman said.

LaHart filed the challenge on behalf of Clewiston outdoorsman Peter Bryan Garcia. The course sits next to a natural area where he often kayaks, she said. Other state environmental groups were reviewing the issue and may join the suit, she said.

A state administrative judge will hear the case.

The challenge asserts that the county failed to meet the basic requirements for taking water from the Biscayne Aquifer, the region's shallow source of fresh drinking water, and the water supply for the Everglades .

The county didn't make a concerted effort to use other water sources, such as reclaimed water or the deeper Floridan Aquifer, the challenge asserts. Plus, the county failed to show that its wells wouldn't damage nearby wetlands, or that its plans to mitigate that damage would be sufficient.

"We're asking for the district to either place more stringent conditions on the permit and comply with the obligation to force the county to seek alternative water supplies rather than allowing them the cheap, easy alternative," LaHart said.

The permit gives the county permission to take nearly 1 million gallons of fresh water a day from the Biscayne Aquifer, with a maximum limit of 209 million gallons a year.

Water regulators approved the permit on March 15, the same day it imposed strict water use restrictions on the public to cope with the worsening drought.

The course puts a manicured finish on a 500-acre tract of land that was home to a county shell rock mine. It originally was supposed to evolve into a campground for recreational vehicles. But as gated communities grew ever closer to the site, the West Boca Community Council lobbied County Commissioner Burt Aaronson for something that would serve the local neighborhoods rather than outsiders. The vote to make the site a golf course passed with unanimous commission approval - and no discussion of the cost or the environmental impact - in 1998.

"I really don't understand why another golf course is necessary in Palm Beach County , and I certainly don't understand why you would put a golf course so close to our environmentally sensitive areas," LaHart said. "A more passive recreation area that didn't require irrigation and maintenance would be better."

Opposition To Istokpoga Diversion Mounts

By Douglas Carman of Highlands Today

Published: April 10, 2007

LORIDA — As of Monday, a spokesperson from the South Florida Water Management District said the plans to take water from Lake Istokpoga are still waiting for approval from the Army Corps of Engineers.

"It's a planning issue, not necessarily an implementation issue," said Missie Barletto, a spokeswoman for SFWMD.

As water supplies to the south run dry, SFWMD is still waiting for the approvals. Most businesses and residents near the lake, however, are already up in arms.

"I don't want to see them drop the water.... I think the property taxpayers should have something to say." said John Wood, owner of the Lorida Bait and Tackle shop.

"We're very unhappy about it," said Sebring Estates resident Donna Tucker, whose husband John regularly fishes on the 27,692-acre lake. Her neighborhood has as almost as many boat trailers as cars sitting in the driveways.

With the uncertainty over whether or not the Army Corps would accept SFWMD's request, Highlands County Tourism Director Jim Brantley measured his reaction.

"Let's not try to over-react until we know this will happen. Most of us are just talking in hypothetical terms," he said when asked about the potential impact the lake's lowering would have on a July tournament. The tourist council helped sponsor and organize five bass fishing tournaments on the lake for this year, with July's being the first of the multi-day contests.

Barletto said that SFWMD has received two phone calls and three e-mails concerning the pending action on Istokpoga.

Draining An Economy

Highlands County planned on spending $13,000 to host five multi-day bass fishing tournaments in Lake Istokpoga .

Brantley estimated that the two-day tournament in July would attract 100 anglers and generate $50,000 in revenue for local businesses.

If the lake was brought down to 36.5 feet, 18 inches below its level on Monday, Brantley said this could potentially force the county to cancel the tournament if it were to stay at that level by that time. Again, however, he hoped for the best.

"There are some unknown factors that have more to do with the weather than anything else. If we get some hard rains, it could come back up and not affect the tournament at all," he said."

Wood at the bait shop saw it with a bit more urgency.

"It'll keep people from fishing," he said. "It slows down enough when the tourists leave and go
home.... We can give a little water, but not two feet. It's a hard stone to roll."

Istokpoga And The Okeechobee Situation

Barletto said the current levels of Lake Istokpoga can satisfy the agricultural demands on the northern half of the Indian Prairie Water Use Basin .

Since the 2001 drought, farms on the southern half of the basin, which includes the land in Highlands and Glades counties between Istokpoga and Okeechobee, tapped the canals leading to Lake Okeechobee .

Okeechobee's historical average surface elevation is 14.23 feet. This time last year, it was at 14.30 feet. If the level drops below 10, the pumps supplying the southern half of the basin might fail, and the water may need to come from other sources.

Currently, Okeechobee's surface level is at 10.09 feet above sea level. This, Barletto said, is why SFWMD wants to divert up to 18 inches of Istokpoga's water, which would bring it from its current elevation of 38.08 feet down to 36.5 feet. That is a foot below the minimum level normally allowed for the lake.

But when will they draw the water? Barletto said that depends on the Army Corp's response.

And when will they make their decision?

"I asked that question and the answer was a resounding 'huh?'" Barletto said.

Luis Alejandro, a hydraulic engineer with the Army Corps of Engineers in Jacksonville , couldn't answer that either.

It Might Go Down Even Further

The reason why, Alejandro said Monday afternoon, was in part because they are now waiting for an amended request order from SFWMD, which would include a different amount of water to be drained. As they wait, they cannot give a time frame for when the diversion would begin, assuming they approve it.

"We need to know the details for what the action is," Alejandro said. " Lake Istokpoga has endangered species. That's what we need to take into consideration as well."

Barletto confirmed that SFWMD might draw more than the 18 inches in the original request. "We're still calculating what the eventual lake level might be," she added.

For an diversion request, Alejandro said that an environmental assessment could take anywhere from a week or two up to six months.

Push to drop manatees from endangered listing stirs debate
NATHAN CRABBE

Sun staff writer

The Florida manatee has little chance of going extinct in the near future and should no longer be classified as an endangered species, the U.S. Fish and Wildlife Service announced Monday.

The recommendation is based in part on a U.S. Geological Service study that found the manatee population should remain stable or increase in the next 10 to 15 years under the status quo. Fish and wildlife officials say the endangered listing is no longer appropriate and the species should instead be listed as threatened. "It's not on the brink of extinction," said Dawn Jennings, a fish and wildlife biologist and co-author of the report.

But the study also found population levels could decline in the decades ahead as natural and industrial warm-water refuges are lost. Manatee advocates say changing the manatee's listing would acknowledge the success of protections, while leading to them being loosened in the face of rising threats.

"While there are more manatees today ... they're not necessarily better off," said Patrick Rose, executive director of the Save the Manatee Club.

Manatees are mammals that in the winter migrate to springs along the Suwannee River and other waterways. Statewide manatee numbers were as low as 800 in the early 1970s but protections have helped their numbers rise to more than 3,300 today.

Fish and wildlife officials say the recommendation doesn't immediately change the listing of the manatee and won't reduce protections.

Officials say changing the listing requires a formal proposal and public comment period, which is not expected to happen in at least the next several months.

But Rose said he believes the recommendation is the first step in allowing development that harms manatees. Coastal counties could use the change to increase the number of boat slips and refuse new protections for manatees, he said.

"They don't want to see more protections put in place," he said.

The U.S. Geological Service study found that motorboats were the biggest threat to the manatees' survival.

There were a record 417 manatee deaths in 2006, according to the Florida Fish and Wildlife Commission, including 86 deaths caused by watercraft.

The next-biggest threat is the result of power plants that are scheduled to go offline in the coming decades and the flow of springs being reduced because of groundwater pumping, said Michael Runge, a research ecologist who was lead author of the study. Those changes could reduce the number of warm-water refuges for manatees in the winter. During cold months, manatees have learned to stay in warm-water discharges of power plants along the Florida coast.

The study is based in part on statistics kept by the Sirenia Project, the Gainesville-based manatee research unit. Project researchers monitor manatee refuges such as Crystal River in Citrus County and Fanning Springs in Levy County to document species numbers and injuries. Under the status quo, the study found, there is a 2.5 percent chance the manatee population drops below 250 in the next 50 years. The 250 figure represents the point when the species is so diminished that it is effectively extinct.

But the study also found there is a 50 percent chance the number would drop below 500 in the next century. And Runge said the study doesn't take into consideration whether an increase in population could lead to more motorboats and a greater rate of manatee deaths.

The recommendation doesn't mean the Fish and Wildlife Service will accept manatee numbers falling to near-extinction levels, said Dave Hankla, field supervisor for the service's Jacksonville office.

He said the service recommends keeping protections in place that have helped the species rebound in numbers.

"It's important to maintain what we have and not let it get out of hand," he said.

Nathan Crabbe can be reached at 352-338-3176 or crabben@gville sun.com.


Will preserve be hurt by new homes near Lake ?

Melissa Patterson
Sentinel Staff Writer

April 10, 2007

Now home to black bears, wild turkeys and sandhill cranes, 34 acres of pasture and wetlands off State Road 46 just east of the Lake County line could soon give way to stately homes, adventurous kids and curious pets.

The site, jutting like a finger into the Lower Wekiva River State Preserve in northwest Seminole County , was approved last May for development of a 15-home neighborhood.

Developers now want to build twice as many homes on a slightly larger tract, adding 16 lots for a total of 31 on 39 acres.

Environmentalists and some nearby residents say that, despite encroaching development on the south side of the road, this new project crosses the line. They argue the developer is trying to cram too many homes near wetlands, which could wreak havoc on the area's wildlife and the reserve.

"The more noise and more influx into wild areas you have, the more interior species will move away from that area," said Francisco Torregrosa, an environmental biologist who has surveyed the area, which many Lake County residents pass while driving on S.R. 46 during their daily commute or to go shopping at Seminole Towne Center in Sanford.

Seminole County officials have been divided since the modified proposal was submitted. Planning staff recommended denial while the Planning & Zoning Commission recommended approval, though by a narrow vote.

Grace Chewning, who has lived across the reserve on Wekiva Park Drive since 1971, doesn't begrudge anyone the same serene lifestyle she enjoys on her 4-acre lot. But she thinks that with ownership comes a sense of responsibility toward surrounding nature and wildlife.

"There's no denying that growth is coming, people are coming," Chewning said. "We just want to make sure we have the best protections possible."

Strict land regulations for the development site -- renamed Deer Lakes with the new proposal -- are in place for a reason, she said. There is a lot to protect.

"If they could develop within the existing rules . . . then so be it," Chewning said. "But once exceptions are made, then you're nibbling away to the detriment of the whole community."

The County Commission was scheduled to vote on the matter in March but postponed a decision when engineer Hugh Harling, representing the developer, Alaqua Investments Inc., asked for more time after the state Department of Environmental Protection sent a letter of concern to the county.

That letter outlined several reasons why DEP officials think the project would create problems for the reserve. Among them are fears of polluted runoff from the subdivision and exotic plants or pets making their way from homes into the natural landscape.

Harling said he would work to address all of DEP's issues, though some precautions are already in place. For example, the homeowners association would abide by strict guidelines to discourage interaction with wildlife, such as not allowing pets outside without a leash or trash left curbside overnight, and banning birdfeeders anywhere on the property.

Harling also said a retention-pond system would treat any polluted runoff.

"I do believe we could be good neighbors toward each other," he said.

Critics say the development still would violate rules about leaving a certain buffer between people and nature. The homes may be more spread out overall, they said, but those planned in one area, near the edge of Miranda Lake , could scare off or restrict the movement of wildlife.

The development would provide "wildlife corridors" for animals to migrate through, but Torregrosa said it's not the property lines that concern him -- it's the inevitable romping beyond those lines.

"They need to minimize the impact that the cats, dogs and kids will have outside of the lots," Torregrosa said.

"I would prefer they not build at all," said Margie Vicente, who also lives on Wekiva Park Drive . "But we prefer it to be at a lower density of population. The more people, the more of an impact on the natural habitat."

If the project is approved at the County Commission 's meeting today, Harling said, a model home should be up by spring 2008.

Melissa Patterson can be reached at mpatterson@orlandosentinel.com or 407-322-7668.

Dream downtown now includes 25-story office towers

By Thomas R. Collins

Palm Beach Post Staff Writer

Tuesday, April 10, 2007

WEST PALM BEACH — City commissioners began paving the road to the future of downtown development on Monday night, approving a draft of a new downtown master plan calling for major changes in what is built in the 809-acre downtown district.

The plan now will go to state planners in Tallahassee who will review them. Changes still can be made before commissioners give final approval. The final plan is expected to be adopted by September.

Also by September, the specific zoning rules, which are basically the inner gears that make the watch-face function, are expected to be approved after being written over the next few months.

The main goals of the new master plan include attracting new office towers, as tall as 25 stories, linking CityPlace and Clematis Street ; encouraging new building designs that are not block-long rectangles; and preserving single-family neighborhoods.

While building heights would be increased, developers would be allowed to build only the amount of square footage they're allowed to build now.

The vote was 3-1, with Commissioner Kimberly Mitchell opposed, saying there were too many unanswered questions about the plan's potential consequences.

Commissioner Ike Robinson wondered how the plan would preserve the Northwest Neighborhood when the area already has been gutted of so many of historic structures.

Comments from developer representatives and a few residents Monday made clear that the plan and the zoning rules are far from settled.

The remarks showed that developers will continue to press for greater development rights. One attorney pushed for his client's property to be included in an area that would allow two extra stories of height by using incentives, although city planners say that would be bad for the adjacent Providencia Park neighborhood.

"It's going to require more extensive conversation," Mayor Lois Frankel said.

Josh Long, a planner who represents developers in the city, suggested developers be given greater incentives to preserve more open space; otherwise, the city will get only "the minimum."

City urban designer Ana Maria Aponte said there are incentives for open space; it's just a matter of using them more effectively.

But city planners were directed to consider Long's proposal.

A few residents asked for even more intense development rights. Susan Stechnij, a resident of the Brelsford Park neighborhood a few blocks north of Clematis Street , said the height limit of two stories is not enough to attract developers and build on empty lots in the neighborhood.

"How long will it take for development to happen there?" Stechnij asked.

The intention of planners is to preserve the neighborhood's character.

Paul Krasker, an attorney representing developers, said a new interest in daring building types, with tower features and other elements, may mean irregular building styles unfit for office buildings.

"When the pendulum swings the other way, it's going to be just as bad," Krasker said. "I hope we can meet somewhere in the middle."

West Palm commission ignores staff, OKs tall condos

By Thomas R. Collins

Palm Beach Post Staff Writer

Tuesday, April 10, 2007

WEST PALM BEACH — With city planners still saying that the building is a misfit giant among smaller buildings, city commissioners on Monday approved an 18-story, 288-unit condo in the Presidential Country Club.

Planners, in recommending denial, said the "overwhelming mass and density" of the project would be out of character with the surrounding buildings, particularly the two-story condos next to it.

But commissioners approved the project, called The Presidential, granting three exceptions to development rules. One of the exceptions was to allow 69 units per acre even though the limit is 32 units per acre.

The vote was 3-1, with Commissioner Kimberly Mitchell opposed and Commissioner Jeri Muoio absent.

The country club, on Presidential Way, wanted the project approved so it could sell the land and use the money to improve a struggling golf course.

Commissioner Ike Robinson, who represents the district, said the club residents' concerns were critical to him. He also noted that planners have said the building could be 12 stories tall even without waivers of rules, which he said would create similar problems as an 18-story building.

"The residents themselves have agreed that they can live with it," Robinson said. "We have to balance staff and residents, and this is one time that I'm going to err on the side of the residents."

Mitchell said she understood the country club's problems but said commissioners have to "do the hard job once in a while of saying no."

"I don't think this is good public policy for us to change the density in order to accommodate that," she said. "It will have ramifications further down the road."

In approving the project, the other three commissioners also turned down a request from Planning Director Charles Wu to force the developer to do a traffic study once the project is completed and commit to making road improvements if necessary to accommodate excess traffic.

"If we have traffic problems getting in and out of that area," City Administrator Ed Mitchell said, "it's on our dime."

Shutters may no longer be optional

A bill would require homeowners to buy storm protection in order to get any type of building permit.

By TOM ZUCCO and JENNIFER LIBERTO
Published April 10, 2007

TALLAHASSEE - People who own homes along the coast valued at more than $300,000 may have to open their wallets a lot wider when they want to have a fence built, their roof repaired, or do any kind of work that requires a building permit.

A bill passed out of the Senate Banking and Insurance Committee Monday proposes that starting Jan. 1 coastal homeowners who need a building permit for any reason must also buy hurricane shutters.

And even if homeowners have no work planned, they may still have to shop for shutters.

The bill also would require that those same coastal homes will not be eligible for coverage under state-backed Citizens Property Insurance unless they have shutters.

The bill's sponsor, Sen. Bill Posey, R-Rockledge, said matching grants of up to $2,500 are available through the My Safe Florida Homes program, "and $2,500 should more than cover cost of shutters."

But numbers provided by the Florida Alliance For Safe Homes FLASH, a nonprofit that promotes disaster preparedness, showed that $2,500 is about the average cost for only the cheapest protection - temporary panel shutters.

Far less expensive plywood is not an acceptable protection under the My Safe Florida Homes program, said a program spokeswoman.

The bill has at least one more committee stop before it reaches the Senate floor. It also lacks a companion bill in the House.

Gov. Charlie Crist said he had not heard about the shutters requirement until Monday. "But it certainly sounds wise," he said. "It sounds like a smart thing to do."

The Senate also unveiled in a separate bill Monday its own round of fixes to the special session legislative package, which included a few of the same fixes that have drawn criticism in the House.

The bill removes some consumer protections for those businesses that purchase commercial property insurance. For example, the state's consumer advocate would lose the ability to review and give a grade to commercial property insurers. Also, the bill changes provisions that force companies to pay claims within 90 days of receiving them to apply only to residential policies, not commercial policies.

When Sen. Ted Deutch, D-Delray Beach , questioned Posey about protections for small business owners, Posey said he'd be willing to work with him to include allowances for smaller businesses whose claims should not take a long time to process.

But what drew most attention Monday was the proposal to tie the purchase of hurricane shutters to building permits and Citizens policies.

During the special session, the Legislature had already strengthened building codes in the wind zones, requiring all new construction be built with protective coverings on every window and door.

This bill would go even further, forcing more existing homes to meet the same requirements.

Citizens, by far the largest property insurer in coastal areas, insures about 240,000 homeowners in the Tampa Bay area.

The affected area includes nearly the entire Florida coast. In the Tampa Bay area, the region typically lies west of U.S. 19 in Pasco , Hernando and Citrus counties.

The region does not include Hillsborough County , but does include all of Pinellas, home to about 104,000 Citizens policyholders.

Shutters can cost anywhere from about $2,000 to more than $25,000, depending on the number of windows and type of protection. And forcing homeowners to buy them could present a financial burden for many.

The counter-argument, Posey said, is that Florida insurance companies, including Citizens, paid about $36-billion in property damage claims after the eight hurricanes of 2004-05.

That led to massive rate increases and policy cancellations, a problem lawmakers tried to address in January by allowing Citizens to compete with the private market, and insurance companies greater access to the state-backed reinsurance fund.

But both measures also placed the state at far greater risk for losses should several major storms hit the state this year, and instead of premiums being lowered an average of 24 percent, the average savings are about 11 percent.

"We have the perfect storm set up for the economic future of this state," Posey said during the meeting. "If the people of this state make a commitment to harden their property to the best of their abilities, hurricanes will not be a major threat and the hurricane crisis will be solved."

"This is an issue of insurability," added Sen. Don Gaetz, R-Niceville. "It's a piece of legislation that will do more to reduce rates than anything we did in special session.

"This calls for personal responsibility."

House insurance expert Rep. Don Brown, R-De Funiak Springs, said he understood the idea of requiring homes insured by the state-run insurer to meet stronger building codes, because all insurance policyholders subsidize Citizens customers to some extent. Requiring Citizens policyholders to meet mitigation standards reduces the financial risk for all Floridians.

However, he didn't fully understand the idea of forcing other homeowners to buy and put up storm shutters without first figuring out what other types of vulnerabilities they have. Brown says that's why he's a major proponent for home inspections to pinpoint the best way to strengthen homes.

"If the roof is going to come off anyway, just saying, 'They must put shutters on,' is ... well, let's just say they need to rethink that," Brown said.

Times staff writer Shannon Colavecchio-Van Sickler contributed to this report. Tom Zucco can be reached at zucco@sptimes.com or (727) 893-8247.

What's next
The bill has at least one more committee stop before it reaches the Senate floor. It also lacks a companion bill in the House.

County staff says reject Springhills

CINDY SWIRKO

Sun staff writer

The massive Springhills development should not be approved as proposed because of traffic it will create and the construction of too much retail space, according to Alachua County growth management officials.

A staff report on the proposal recommends the Alachua County Commission deny comprehensive plan amendments needed for the mixed-use development that features about 1.56 million square feet of retail space and more than 2,200 residences at Interstate 75 and NW 39th Avenue .

The commission will hold a hearing on Springhills on May 1. The vote will likely be taken at a later meeting.

Alachua County Principal Planner Steve Lachnicht said the department is recommending denial because of several concerns.

Most pressing is the traffic it will create and the amount of money Springhills is proposing to pay as its share to improve roads. Another major concern is the amount of retail space it will create in one area of the community.

"There is inadequate transportation mitigation both in the roads being approved and the payback plan. The proportionate share proposal does not account for all of the impacts on the transportation system," Lachnicht said Monday. "There is a disproportionate concentration of regional commercial development in one location, which was not justified by the market study."

Springhills is already approved for about 806,000 square feet of commercial space. Proposed changes by the developers would give it more retail space than the Butler Plaza complex, which has about 1.2 million square feet.

The Growth Management Department said in February it intended to recommend denial after the county and Springhills developer, the Pennsylvania Real Estate Investment Trust, were unable to reach an agreement on road sharing costs and other matters.

Road costs have been a major sticking point with the project.

County commissioners in 2005 gave initial approval to comprehensive plan changes sought by Springhills, agreeing to forward the project to the state for review. The county and Springhills were to try to reach an agreement over sharing road costs based on a set list of roads.

At the time the total was about $40 million. Springhills would pay it all upfront and then get paid back by the county for its share over time. Springhills believed the county's share was up to $18.4 million.

Last year, however, the North Central Florida Regional Planning Council released a traffic analysis of Springhills that showed that much more extensive roadwork is needed for the project to meet state concurrency rules that require adequate road capacity when a new development comes on line.

The new estimated cost is $120 million, with Springhills' portion set by the county at $58 million.

Company officials contend the original list of roads should be used and that the state would accept that list.

Gainesville attorney Patrice Boyes, representing the company, said Monday the county has reversed its position on various matters, including the volume of retail space.

"They have flip-flopped their position since last year. It is the same project and the same facts supporting the project," Boyes said. "Last year, for example, the same factors supported consistency with the comprehensive plan regarding commercial need. Suddenly, the same facts support inconsistency with the plan. That's a basic flip-flop and it will be interesting to hear their justification at the hearing."

Considerable public opposition has arisen in the past six months. It started with an effort to prevent the extension of NW 83rd Street from 39th Avenue to Millhopper Road as part of the traffic improvements, but evolved into opposition to the overall proposal.

The Coalition for Responsible Growth grew out of the opposition. Coalition Vice President Kim Davidson praised the recommendation for denial.

"I think the staff came out with a very thorough review about the proposal and was very clear in the commentary as to why they are recommending denial," Davidson said.

Boyes said she does not anticipate the company making a new proposa