State Representatives Mike Fasano & Richard Corcoran Are Disgusted With Threatened SLAPP Suite Against Heritage Lake/ Cedarwood Village Residents
As has been well documented in the media, residents of the Heritage Lake Community Association and the Cedarwood Village Community I and II have been vocal opponents of the proposed development known as The Oaks at Riverside. Potential flooding issues and related concerns have been at the heart of the residents’ protest of the planned development.
It was announced this day by the attorney representing the protesting residents that the developer is threatening to file a SLAPP (Strategic Lawsuit Against Public Participation) suit against the residents. A SLAPP suit is basically an attempt to silence critics or opponents by threatening to burden them with the cost of legal and related fees if they don’t stop exercising their free speech rights.
“It is outrageous and disgraceful that a deep-pocketed developer would threaten to take to court ordinary citizens who have every legal right to protest a proposed action in their own backyard,” Representative Mike Fasano states. “This is nothing more than a despicable attempt to frighten senior citizens into dropping their objections to a development they truly have concerns with.”
“The individuals and families who live next to the proposed development have legitimate concerns regarding how flooding, traffic and related changes in conditions will impact their homes,” Representative Richard Corcoran states. “They have retained counsel to guide them through a process that is open to anyone who has similar concerns with local and state permitting processes. They have a right to express those concerns without undue intimidation.”
“We live in a nation that affords every citizen the ability to petition the courts for redress of any wrong or perceived wrong,” Representative Fasano continues. “The threatened suit is basically a blackmail effort by the developer. If the residents don’t pay the amount of money the developer is demanding then legal action will be commenced against them. Developer intimidation is an abuse of the courts. Representative Corcoran and I stand with the residents and hope that they will not fold to the bullying tactics of this developer.”
The County Development Review Committee (DRC) approved the county staff permits, with limited requirements for the developer to maintain the drainage system adjacent to the developers property.
Also, it appears the county has the responsibility to maintain the drainage, at least between Amazon and Alvernon Drs. and maybe further south.
We’ll appeal this decision to the Commissioners, where we will need as many people as possible to contact all the Commissioners with their concerns. It is possible that if we convince 3 of them that this project should not be allowed,
they could vote to not approve it or put more restrictions on the developer.
Everyone needs to write the Commissioners, write to the local papers, and contact anyone in Fairway Springs, Thousand Oaks, Trinity Oaks, and others to urge them to get involved.
BOARD OF COUNTY COMMISSIONERS 2013 PUBLIC HEARING SCHEDULE Pasco County
IMPORTANT EVENT- Residents please attend.
March 21, 2013 – 1:30 P.M. DRC/ZONING VARIANCE MEETING – New Port Richey Government Center (Little Road)
This public hearing is to listen to arguments/appeal against the decision of the Development Review Committee to allow the building of The Oaks Apartments at Riverside Village. Our first hearing was attended in November with a great turnout of residents from our communities. That hearing resulted in a delay until January; so we could enlist additional resources in our appeal.
WE ARE 5533 STRONG has enlisted the services of an attorney and engineer. We will present our reasons with supporting evidence why the apartment development is a serious threat to Stormwater Management and the lives of residents who will be adversely affected by the large development.
Please neighbors come to this crucial public hearing. We need to stand together and make our rights understood in this hearing. We elected the Commissioners who oversee these operations. They pledge to serve the people of Pasco County.
BOARD OF COUNTY COMMISSIONERS 2013 PUBLIC HEARING SCHEDULE Pasco County
IMPORTANT EVENT- Residents please attend.
February 21, 2013 – 1:30 P.M. DRC/ZONING VARIANCE MEETING – New Port Richey Government Center (Little Road)
This public hearing is to listen to arguments/appeal against the decision of the Development Review Committee to allow the building of The Oaks Apartments at Riverside Village. Our first hearing was attended in November with a great turnout of residents from our communities. That hearing resulted in a delay until January; so we could enlist additional resources in our appeal.
WE ARE 5533 STRONG has enlisted the services of an attorney and engineer. We will present our reasons with supporting evidence why the apartment development is a serious threat to Stormwater Management and the lives of residents who will be adversely affected by the large development.
Please neighbors come to this crucial public hearing. We need to stand together and make our rights understood in this hearing. We elected the Commissioners who oversee these operations. They pledge to serve the people of Pasco County.
BOARD OF COUNTY COMMISSIONERS 2013 PUBLIC HEARING SCHEDULE Pasco County
IMPORTANT EVENT- Residents please attend.
JANUARY 24 1:30 P.M. DRC/ZONING VARIANCE MEETING – New Port Richey Government Center (Little Road)
This public hearing is to listen to arguments/appeal against the decision of the Development Review Committee to allow the building of The Oaks Apartments at Riverside Village. Our first hearing was attended in November with a great turnout of residents from our communities. That hearing resulted in a delay until January; so we could enlist additional resources in our appeal.
WE ARE 5533 STRONG has enlisted the services of an attorney and engineer. We will present our reasons with supporting evidence why the apartment development is a serious threat to Stormwater Management and the lives of residents who will be adversely affected by the large development.
Please neighbors come to this crucial public hearing. We need to stand together and make our rights understood in this hearing. We elected the Commissioners who oversee these operations. They pledge to serve the people of Pasco County.
Thank you to all of the residents who showed up to the meeting of the Pasco County Development Review Committee meeting today. Your attendance and your voice was much appreciated. If you have not already heard, the Pasco County DRC has granted a continuation on the review of this project until the end of January 2013. We will use this additional time to strengthen our position on this development and ensure we are representing the communities interests.
The next meeting of the Pasco County DRC will be as follows:
Date: Thursday, January 24, 2012 Time: 1:30 p.m. Location: West Pasco Government Center Board Room – 7530 Little Road, New Port Richey
Our battle is nowhere near over! We still need your support! Please be sure you are subscribed to our e-mail list and take a moment now to make a donation which will help us continue to fight the good fight.
The Pasco County Development Review Committee will hear the appeal filed by We Are 5533 Strong, Inc in regards to the proposed development of The Oaks at Riverside. The meeting information is below:
Date: Thursday, November 29, 2012 Time: 1:30 p.m. Location: Board Room of the West Pasco Government Center, 7530 Little Road, New Port Richey, Florida 34654
Please be sure to let your friends and neighbors know so that everyone can attend!
WE ARE 5533 STRONG, INC. has filed documents blocking the current construction of The Oaks Apartments. Both Stormwater Management and Building Site permits were issued.
1) The Florida Department of Environmental Protection approved the stormwater management plans in June 2012 the builder submitted his site plans for 285 units. The builder bypassed the local SWFWMD with whom he applied with on the 2006 site plans. Our organization received a copy of these documents after the county building permits were approved. However Senator Fasano and Representative Cocoran filed a letter of complaint. Many years ago an agreement was made between Heritage Lakes and the former property owner with regards to the wetlands and the DEP. Essentially if either landowner applied for permits or changes to the property the other would be notified. The DEP nor the landowner notified Heritage Lakes. That complaint put a 30 days hold on the permit issued. The complaint letter also addressed the severe flooding. Copies of the complaint letter went to SWFWMD and the Army Corp of Engineers.
County Building Site Permits
2) Our organization hired an environmental land use consultant and a land use attorney to help with our appeals. Since the land was already zoned MF-1 the landowner could obtain permits once he met the county requirements. Our recourse is to file appeals to the Pasco County Zoning Development Review Board. That appeal form has been filed by our attorney. Within thirty days our attorney will file a formal document outlining our objections. Then we wait for a decision from that board.
3) If the zoning appeal is denied, we then file an appeal to the Pasco County Commissioners and plead our case there. If that appeal fails then most of us feel taking it to the legal system will be necessary.
Historically many communities have been successful in such situations. Together WE ARE 5533 STRONG and we urge everyone to write or call the Zoning Office and the County Commissioners.
Our volunteer group worked diligently to raise community awareness and raise funds to pay these experts to oppose this commercial development in the middle of our residential neighborhoods. But our funds are going fast.
Every homeowner is urged to donate on our web site or mail a check to
www.WeAre5533Strong.com
WE ARE 5533 STRONG, INC.
PO Box 1368
Eflers, Fl 34680.
If everyone donates $100.00 we will have a significant legal fund.
Neighbors fear proposed apartments could cause flooding Original Source
NEW PORT RICHEY, Florida – Kathy Larkin loves her neighborhood and takes pride in her property.
“I take care of the front yard, [my husband] takes care of the back,” said Larkin.
She and her husband purchased their home across from a preserve in the Riverside Village neighborhood 15 years ago. Now they worry the neighborhood they’ve always known could change forever.
“We were told when we bought the property that this would always remain woods. It was a wildlife preserve and that’s the way we’d like it to stay,” said Larkin.
But now a plan to development 21 acres of land has over 100 new apartments slated to go up right next to the Larkin’s home. The complex would not only mean less wildlife, but increased traffic along their residential road and the threat of flooding, as was seen during Tropical Storm Debby.
“These roads were basically impassable,” said Bill Gillies, who is heading up “We Are 5533 Strong,” a group representing the 5,500 or so voters in the area. Many are opposed to the apartment project.
“We intend on doing everything legally possible to block this,” said Gillies.
State Senator Mike Fasano is also on board, calling the development unfair. “We’re going to fight this right up to the county commission and, if necessary, to the court system,” said Senator Fasano.
The land’s development was approved by the county years ago, but since then much has changed. And while the developer promises upscale apartments, residents say they’re not interested, worried any development could impact property values and quality of life.
“We don’t want them,” stressed Larkin. “Everyone feels the same way, the impact is going to be tremendous on our little subdivision.”