Leon sued over Summerfield vote

By Jeff Burlew

DEMOCRAT STAFF WRITER

A lawsuit seeking to block the proposed Summerfield development near Lake Jackson says Leon County environmental staff members abruptly reversed their recommendation to deny the project after being pressured to do so.

The County Commission later approved a zoning change for the proposed Summerfield development that allows 175 single-family homes, a 312-unit apartment complex, offices and stores. The project would have been restricted to far fewer units under the original "lake protection" zoning for that area.

The opponents won't say exactly who they believe pushed staff members to change their minds but suggested it came from county commissioners. County officials say nothing improper occurred.

The Summerfield development is proposed for 107 acres between North Monroe Street and Old Bainbridge Road directly across from Lake Jackson.

The Lake Jackson Protection Alliance and several Lake Jackson property owners sued the county last week, alleging that the staff's change of heart meant that the developers were able to get a vote on the zoning change before a review of the project's potential impact on the environment.

"We think staff should have been allowed to finish its job," said Terrell Arline, an attorney for the Lake Jackson Alliance. "And if they had, the project that would have come before the board would have been smaller, and it would have had a complete analysis."

County Administrator Parwez Alam said the staff had questions about Summerfield and that the developer, Arbor Properties, answered the questions.

"Nobody applied any pressure really," Alam said.

County growth-management officials declined to comment because of the ongoing litigation.

From denial to approval

The environmental staff issued a memo Aug. 24 recommending denial of the project, saying the site plans had erroneous, insufficient and conflicting information, didn't comply with the land-development code and weren't ready for proper consideration by the County Commission.

Later that day, the staff issued an amended memo recommending approval of the project with severalconditions, including a requirement that Summerfield submit a completed environmental analysis before final approval.

On Aug. 25, a development-review committee of county officials voted unanimously to approve the application with the conditions. The committee noted that the developer had addressed concerns and relocated potentially incompatible parts of the development away from bordering neighborhoods. The Planning Commission also signed off.

Richard Reeves, a lobbyist representing the developer, said Arbor Properties worked with the county staff "at every step along the way."

"There were a lot of negotiations that went on," he said. "And we met everything that they required of us."

County Commissioner Dan Winchester complained about the process during the commission's meeting Oct. 12. He said a staff member told him he was directed to change the recommendation from denial to approval with conditions.

"Now, there's a lot of other things going on around here that don't seem to be that right," Winchester said during the meeting. "And that's what makes me so angry about this process."

The commission ended up voting 4-3 to approve the zoning change and the project's preliminary plans. Winchester and Commissioners Bob Rackleff and Cliff Thaell voted against. Commissioners Tony Grippa, Bill Proctor and Jane Sauls and then-Commissioner Rudy Maloy voted for it.

Summerfield's impact

Winchester said he couldn't discuss specifics of the suit because of the ongoing litigation. But he said members of the Lake Jackson Alliance are "going to do everything they can do to protect Lake Jackson and the neighborhoods in that area."

"The commission may be able to browbeat staff," said Mike Brezin, a spokesman for the alliance, "but they can't browbeat the law."

The plaintiffs live or own property near Lake Jackson and contend that Summerfield will lead to flooding problems, traffic congestion on North Monroe Street and pollution of the lake. The lawsuit, which represents only one side of the story, states that 90 percent of the development is located in special zones around the lake where development is normally restricted.

Supporters of the development say it will bring attractive and needed affordable housing and shops to the Lake Jackson area. Supporters also have said the property's natural features will prevent stormwater from flowing into Lake Jackson.

The Summerfield plan will come back before commissioners for final approval. Commissioner Ed DePuy, generally considered pro-growth, has since replaced Maloy on the board.

Contact reporter Jeff Burlew at (850) 599-2180 or jburlew@tallahassee.com.

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Updated 05/08/07

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