On July 1, the Hillsborough County Planning Commission sent a statement to the City of Plant City that said the proposed plans for development within the Walden Lake community are inconsistent with the city’s comprehensive plan.
The plans were submitted by Visions Golf LLC., the company that owns the two 18-hole golf courses in Walden Lake. Visions Golf has filed for a rezone to build single- and multi-family homes, and an assisted living facility on the Hills course.
As is protocol, the Hillsborough County Planning Commission makes recommendations regarding land use, community planning, capital improvements, urban design, and other issues to the City of Plant City. Senior planner Jay Collins sent the staff recommendation to senior planner Julie Ham with the City of Plant City. In it, county staff stated that the multi-family homes and assisted living facility were not consistent with the pre-existing make up of Walden Lake, which is single-family homes.
“The general proposed location of both multi-family dwellings and an assisted living facility internal to an existing single-family detached neighborhood raises the issue of compatibility and how it is not being specifically addressed,” according to the statement.
A NEIGHBORHOOD DIVIDED
Visions Golf’s plan includes building 156 multi-family attached homes, 154 single-family detached homes and an assisted living facility on the Hills course.
The Hillsborough County Planning Commission review found the assisted living facility and multi-family homes to be incompatible with the comprehensive plan because a lack of “definitive form, scale and massing for these uses, relative to the existing residential uses,” according to the statement.
“We’re looking at it based on the entire planned development,” Collins said. “We review actions for consistency.”
The county doesn’t have final say, but the statement can carry some weight with the City of Plant City. Still, the discussion about the proposed use for the Hills golf course is between Visions Golf, the City of Plant City and the residents of Plant City.
“It (the recommendation) is a finding of inconsistency,” Bob Hunter, the Walden Lake Community Association president, said. “I think it’s quite significant that they found that the rendering is inconsistent.”
The WLCA joined the Walden Lake Community Preservation Inc. this year to oppose the rezoning of the Hills course for redevelopment. In doing so, it joined a lawsuit against the the rezoning.
“We’re a community here, not just a group of residents,” Hunter said. “It’s all open space … character and quality of life. If the golf course is developed, it destroys that.”
But Visions Golf and its supporters don’t see the statement from the county’s planning board as a negative. David Smith, the director of zoning and development for Stearns Weaver, the law firm representing Visions Golf, said that they are on track with the 154 single-family units they proposed.
The next step for Visions Golf includes meeting with planning commission staff to better put development plans in line with the comprehensive plan of Plant City and the culture of Walden Lake.
“Visions is confident that our continued efforts, along with the residents and golfers who support saving the Walden Lake Golf & Country Club community through rezoning, will ensure the future of golf and community amenities,” Steve Mercer, owner of Visions Golf, said.
THE LAWSUIT
The review by the Hillsborough County Planning Commission comes on the heels of a motion to dismiss an amended complaint against the rezoning filed June 15.
The complaint was filed by the WLCA, WLCP and the following individuals: Bruce Garceau, George and Joanna Clifford and Michael and Deborah Wolfe.
The motion to dismiss was made by Visions Golf. This was done instead of a scheduled June 30 hearing.
According to Alice Huneycutt, a lawyer for Visions Golf, the plaintiffs do not have a basis for a claim, nor do any individuals.
“The master association (WLCA) has not been able to identify a contract,” Huneycutt said. “The claims are simply not well founded. The case should be dismissed.”
Huneycutt stated that individuals need to indicate entitlement in order to keep the golf course as such but must have an agreement to do so. So far, no agreement has been brought forth.
“We’re not aware of anyone who has a claim,” Huneycutt said. “This lawsuit is about claiming that there are restrictive covenants.”
Huneycutt has also stated that the plaintiffs have not identified enforceable restrictive covenants that apply to the golf course. Because the WLCA does not include any land that belongs to Visions Golf, Visions Golf is claiming that the WLCA does not have any rights. Because the WLCP is not a property owner, Visions Golf has stated that the WLCP also does not have a basis for a claim.
“There’s no plans, no funds to do anything (from the WLCA),” Carrine Neary, a Walden Lake resident, said. “Rezoning needs to take place so the community can move forward.”
“Financially, to make money, you can’t have 36 holes,” Sandy Sutcliffe, a Walden Lake resident, said.
Harley Herman, the lawyer representing the WLCA, is not surprised by the motion to dismiss the lawsuit.
“It’s what we expected,” Herman said. “We may have to change some things. This isn’t just going to be a quick slam dunk.”
The WLCA and the other plaintiffs may consider refiling or making their own amendment.
“We may decide for cost purposes to avoid waiting on a hearing,” Herman said. “We never would have filed … if we didn’t think there was a credible basis.”
Herman does not see serious issues with the motion to dismiss.
“It’s a preliminary action,” he said. “We’re planning to move forward.”
Contact Emily Topper at etopper@plantcityobserver.com
