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Tarpon Springs stalls construction of Wal-Mart SuperCenter

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By Mark  Schantz | The Suncoast News

Published: October 22, 2008

TARPON SPRINGS - The plot thickens in the ongoing drama that centers on whether Wal-Mart can construct a SuperCenter along U.S. 19, north of Tarpon Avenue, abutting the Anclote River.

Tuesday night, Tarpon Springs commissioners, in a narrow vote, decided the Traffic Concurrency Element in the retailer's site plan had expired, effectively sending the issue back to the drawing board or onto a court appeal.

After the meeting Wal-Mart attorney David A. Theriaque said they will need time to decide their next move.

At the meeting City Attorney James Yacavone, city planning director Rene Vincent, and Wal-Mart officials asserted the retailer's previously approved site plan inferred the SuperCenter would be constructed as part of a phased development. Therefore, the traffic concurrency element had not expired after one year as normally allotted.

A Concurrency Element of a site plan development demonstrates how a project will mitigate its impact on growth management, in areas such as traffic congestion on adjacent roads.

Jane West, an attorney for Concerned Citizens of Tarpon Springs, a group of environmentalists opposed to the store's construction on the banks of the Anclote River, argued Wal-Mart's development agreement does not specifically provide for the alternative phasing plan that would extend provisions in its site plan.

The hearing began with Wal-Mart asking Commissioners Susan Slattery and Peter Dalacos not to participate, since they previously opposed Wal-Mart's project. Both refused to step down, denying they actively opposed the project and could not render a fair opinion.

City Attorney James Yacavone reminded those in attendance the issue must be decided on whether the traffic concurrency element had expired and not whether an eagle discovered on site is threatened, the retailer destroys competition, sends American jobs oversees or is a good place to find items at bargain prices.

Rene Vincent, city planning director, and Wal-Mart Attorney Marilyn Healy, who helped draft the original development agreement, said its intent was that Wal-Mart would develop its project in phases.
Vincent said it was perceived Wal-Mart would have 5 years to construct its SuperCenter and 10-years to complete the site plan, which included development of adjacent parcels.

Jane West, the attorney for the environmentalists argued, the best reflection of the intent of parties adopting the plan in 2005 is that it does not specifically provide for an alternative phase plan of development. Therefore, the normally allowable one-year time limit on traffic concurrency certification should stand.

Now those who seek an extension are trying to find a loophole and fit a square peg in a round hole, she added.

Commissioner Robin Saenger said she does not feel the original agreement was written with the idea that concurrency and growth management issues should not be revisited, if the project were allowed to stretch out over 5 or 10 years.

Commissioner Chris Alahouzos said, while he does not think the site is best for Wal-Mart, he would listen to the advice of city legal staff that the development agreement and site plan are still valid.

Mayor Beverley Billiris, who was on the commission when the original site plan was adopted, said she believes the board felt concurrency elements in the site plan were tied to a 10-year development agreement.

Commissioner Peter Dalacos, who was also on the original board, said he felt the site plan provided a time limit for Wal-Mart to start construction, but did not imply the concurrency elements would be extended.

Commissioner Susan Slattery said she did not feel the original agreement provided for an alternative phasing plan and has expired.

In a 3-2 vote, Commissioner Saenger, Slattery and Dalacos voted that the retailer's traffic concurrency had expired. Mayor Billiris and Commissioner Alahouzos voted it had not.

The board then decided not to address the retailer's request to amend its site plan, since it now must apply for a new concurrency element.

Wal-mart could start the process again or the issue could wind up in court.

Mark Schantz can be reached at 727-815-1075 or mschantz@suncoastnews.com.

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