Newspaper Articles and Publications about the Belleview Biltmore
 

History of the Hotel          Memberships         Online Store             Message Board             Photos of the Biltmore           Email           Home          

http://www.tbnweekly.com/pubs/belleair_bee/content_articles/010915_bee-01.txt

Lawsuit aims to stop hotel demolition   (Lawsuit by our organization Save the Biltmore Preservationists)


By BRIAN GOFF
Article published on Friday, Jan. 9, 2015 Print E-Mail


BELLEAIR – A lawsuit aimed at stopping the demolition of the Belleview Biltmore hotel was filed Jan. 7 in Pinellas County Circuit Court.

The suit contends that by allowing the demolition of the hotel, the Belleair Town Commission is going against its own comprehensive plan.

Cape Coral attorney Ralf Brookes filed the suit on behalf of the Save the Biltmore Preservationists, its President Diane Hein and Belleair resident T.C. Hayes.

“There is a very specific requirement in the town of Belleair Comprehensive Plan,” said Brookes. “This is goal number 1 on page 1 of a very long document. The goal of the town should be the preservation of the Belleview Biltmore Hotel in the town of Belleair.”

Brookes said not enough has been done to save the hotel.

“The hotel was built in 1897, it is of Victorian Architecture and has been the cornerstone of the Belleair Community ever since. All development shall be consistent with the Comprehensive Plan; we’re bringing this case to enforce the Comprehensive Plan,” he said.

Town Attorney David Ottinger said the lawsuit has no merit.

“Absolutely, it has absolutely no merit,” he said. “The findings that were made at the hearings to issue the Special Certificate to permit the demolition and the redevelopment clearly show that the goals and agendas of the Comprehensive Plan were followed.”

Ottinger said once the evidence was all in during the hearings there wasn’t much else the town could have done.

“The fact of the matter is that no one wanted to see the hotel go, but the evidence was overwhelming, and in spite of the town’s goals to preserve it, it couldn’t be preserved. It is as simple as that.”

Brookes disagrees.

“There are practical ways to preserve the hotel,” he said. “This is a piece of Florida and the whole state if not the whole country should get behind and preserve it.”

Brookes, who specializes in environmental and land use issues, opened a window into their case.

“We will have experts in historic preservation that we will present to the court at trial. I’ve worked with a great deal of architects and builders in historic preservation. All it takes is money and time,” he said.

During the years of debate on the future of the hotel, no one ever doubted that with enough money and time the hotel could be saved. But where would the money come from?

“If there is not money in the private sector then perhaps there is money at the public sector level in the form of grants,” he said. “Some developers would enjoy preserving history.”

Another issue sure to arise regarding this lawsuit is the idea that the town, if it wins, go after the plaintiffs for court costs and legal fees. That discussion came up after two recent suits in federal court were dismissed. Some wondered if the suits were frivolous and that they were filed simply to delay the process.

Ottinger cautioned against going after costs in those instances because he didn’t feel the town could win. However, several people, including Mayor Gary Katica, indicated the town should go after costs in any future lawsuits. Ottinger says it is a possibility.

“We will definitely be considering whether to go after legal fees,” he said.

Brookes says he isn’t concerned about that.

“I’m not familiar with the federal suits that were dismissed. We’re filing under a state statute and we have standing to enforce it and bring citizen action,” he said. “I have brought similar cases around the state and this case is on solid ground.”

The case is likely to find its way into court quickly. The town has 30 days to file a response to the suit. Ottinger said putting that response together has already begun.

“We intend to try to move this along as expeditiously as possible,” he said. “It is costing the town money, jeopardizing the development plans and we want to limit whatever damage the town is occurring.”

Brookes said the fight is not over.

“People have fought for over a decade to preserve the hotel and we’re not giving up,” he said.
 

This photo shows the ugly condos that surround the Biltmore.  And Mike Cheezem calls his condos a "vision" he wants for Belleair after demolishing the Biltmore!  Is he kidding!

By the way, we have "heard" that many of the board members for the condo association or RPD are members of the Belleair Country Club!  IF this is true, then that would explain the unanimous vote of the RPD board members to approve RM-10!!

http://m.bizjournals.com/tampabay/news/2014/06/13/belleview-biltmore-preservation-group-crowdfunds.html?r=full

Tampa Bay Business Journal

June 13, 2014

http://www.tampabay.com/news/business/realestate/developer-unveils-3d-model-renderings-of-biltmore-proposal/2182052

Thursday, May 29, 2014

Tampa Bay Times

Developer unveils 3D model, renderings of Biltmore proposal

 
Keyonna Summers, Times Staff Writer

If the developer pursuing redevelopment of the historic Belleview Biltmore in Belleair gets his way, he says much of the property — including the colors, window shapes and even some of the building materials and decorations — would stay the same.

The firm envisions building a three- or four-level boutique inn that mimics the original hotel's colors and Queen Anne-style architecture at the terminus of a tree-lined Belleview Boulevard. It would be erected where a pagoda lobby now stands.

"It's kind of the anchor of the community," Cheezem said. "The architectural proportions are very nearly exact."

Twenty-eight townhomes would sit to the east of the tree-lined entrance on what is vacant land, and to the west of existing single-family homes.

The inn and a community pool would be ringed by four condominium buildings featuring up to 30 units each. The proposal calls for four levels of condos and two levels of penthouses above two levels of parking — one above and one below ground.

Cheezem said the parking plan will leave plenty of space for retention ponds and Bermuda grass that will create a park-like setting reminiscent of the nearby golf course.

The 3-D model also emphasizes the contentious issue of the proposed project's scale in relation to surrounding buildings.

The average height of existing nearby residential buildings is 89 feet, with the Seaside condos peaking at 110 feet, Cheezem said.

Under his proposal, the condos would reach 84 feet tall and the two-story townhomes about 30 feet. The roughly 30-room inn would be 44 feet tall, and feature front and rear porches, and meeting space that Cheezem said could be used for weddings or other small group functions. The inn also might have a food or retail component.

"We certainly want this to be a focal point within the community," he said. "We want this to be a place people want to come on a regular basis."

The plan is a departure from the one Cheezem touted when he entered contract negotiations in January.

Cheezem had wanted to preserve and build atop the original structure's lobby and restaurant, but said cost and worries about meeting current building code standards made that plan unworkable.

Instead, he said, he will incorporate the old hotel's oak floors, doors, moldings, column details and Tiffany glass into the new design. The inn is also envisioned to feature plaques, photographs and possibly a video display where visitors can learn about famous past guests, milestones and the hotel's significance.

"The idea will be to take and use as much of that as we reasonably can in the end," he said.

The proposal has won the unanimous support of homeowner association leaders for the 553-member residential district surrounding the hotel.

"We feel the plan complements the surrounding property owners very well and, while it presents it in a new light, still preserves the history and heritage in a way that's workable and sustainable and benefits the entire community as opposed to a hotel that's falling apart," Cheezem said.



If the developer pursuing redevelopment of the historic Belleview Biltmore in Belleair gets his way, he says much of the property — including the colors, window shapes and even some of the building materials and decorations — would stay the same.

JMC Communities CEO Michael Cheezem shared a 3-D model and 2-D renderings of his $115 million proposal with the Tampa Bay Times on Thursday.

The firm envisions building a three- or four-level boutique inn that mimics the original hotel's colors and Queen Anne-style architecture at the terminus of a tree-lined Belleview Boulevard. It would be erected where a pagoda lobby now stands.

"It's kind of the anchor of the community," Cheezem said. "The architectural proportions are very nearly exact."

Twenty-eight townhomes would sit to the east of the tree-lined entrance on what is vacant land, and to the west of existing single-family homes.

The inn and a community pool would be ringed by four condominium buildings featuring up to 30 units each. The proposal calls for four levels of condos and two levels of penthouses above two levels of parking — one above and one below ground.

Cheezem said the parking plan will leave plenty of space for retention ponds and Bermuda grass that will create a park-like setting reminiscent of the nearby golf course.

The 3-D model also emphasizes the contentious issue of the proposed project's scale in relation to surrounding buildings.

The average height of existing nearby residential buildings is 89 feet, with the Seaside condos peaking at 110 feet, Cheezem said.

Under his proposal, the condos would reach 84 feet tall and the two-story townhomes about 30 feet. The roughly 30-room inn would be 44 feet tall, and feature front and rear porches, and meeting space that Cheezem said could be used for weddings or other small group functions. The inn also might have a food or retail component.

"We certainly want this to be a focal point within the community," he said. "We want this to be a place people want to come on a regular basis."

The plan is a departure from the one Cheezem touted when he entered contract negotiations in January.

Cheezem had wanted to preserve and build atop the original structure's lobby and restaurant, but said cost and worries about meeting current building code standards made that plan unworkable.
 

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2014/5/30/developer_releases_p.html

Bay News Nine

Friday, May 28, 2014

BELLEAIR -- A St. Petersburg developer has unveiled his rendering of a re-development plan for the Belleview Biltmore.

The plan put forth by developer Mike Cheezem's firm, JMC Communities, includes a small replica inn, condos and townhomes.


Cheezem wanted to save the structure's original lobby and restaurant, but doing so would cost too much and it wouldn't be up to current code standards.


The original building was built in 1897 by railroad tycoon Henry B. Plant, and has hosted presidents, heads of state and celebrities. The hotel was added to the U.S. National Register of Historic Places in 1979.


The hotel's ownership has changed hands many times over the decades. It was closed in 2007 after falling into disrepair. Since then, developers and city officials have worked to come up with a new plan for the historic building.
 

http://www.tbnweekly.com/pubs/belleair_bee/content_articles/052814_bee-01.txt

Lawsuit filed over Belleview Biltmore hotel
Action aimed at preventing Belleair landmark hotel from being demolished


By BRIAN GOFF

Article published on Wednesday, May 28, 2014

BELLEAIR – Community activist and preservationist Rae Claire Johnson is spearheading a lawsuit filed against the town of Belleair and the owners of the Belleview Biltmore Hotel. The lawsuit is aimed at preventing the hotel from being demolished and replaced with Condos and townhouses.

Johnson is joined in the suit by two RPD residents, Doris Hanson and Mary Lou White, whose standing in the suit is that their property values have dropped because of the deteriorating condition of the hotel. Residents of the Residential Planned Development, located around the hotel, have long complained of the condition of the property.

Johnson is the president of the Friends of the Biltmore Inc., the nonprofit organization formed to preserve the century old structure.

The lawsuit seeks to stop the sale of the hotel to Developer Mike Cheezem who has a six-month option on the property and who plans to demolish it and replace it with a small hotel and residential units.

Johnson, who has appeared and spoken at just about every commission meeting opposing zoning changes and other events surrounding the hotel property, said the lawsuit in federal court reiterates much of what she has been saying all along. She hopes the court action will get the attention of the mayor and commissioners and the Ades brothers, owners of the property.

“The town is not following the law; they are circumventing the law,” she said. “In order to make zoning changes they must do it in a quasi-judicial hearing, which they did not. They are trying to say it is a legislative matter, one which can be dealt with by the commission, and clearly it is not.”

Johnson wants to stop what she calls the “demolition by neglect” of the hotel. She said the owners have done nothing to stop the deterioration of the building and that the National Historic Preservation Act mandates that properties on the list of Historic Places, such as the Biltmore, must be kept in good condition.

“The roof could be fixed for $250,000,” she said. “Nevertheless, the way the building looks has nothing to do with the structural soundness of the hotel.”

Johnson also said the sale of 2.3 acres of hotel property to the adjacent Belleair Country Club should not have happened and only serves to give the Ades brothers more reason not to try to save the hotel.

“They can now say there isn’t enough land left for parking,” she said.

Both defendants in the case say the lawsuit is without merit.

“We will vigorously defend ourselves,” said Ed Armstrong the attorney representing the Ades brothers. “We don’t believe this action will hold things up and from our standpoint the sooner it gets to court the better.”

Town Attorney David Ottinger was even stronger in his comments.

“The complaint has innumerable incorrect statements of fact and false allegations,” he said. “The claims appear to have little or no legal basis and do not appear to be matters that should be decided by the federal court.”

Ottinger also said he was upset with some of the allegations outlined in the suit.

“I find most disturbing and insulting the allegations that the commissioners have conflicts of interests and violated the Sunshine Law. That is absolutely not the case,” he said. “The record will reflect that the town commission, every step of the way, has done everything possible to facilitate the preservation of the hotel.”

Johnson openly questioned Ottinger’s abilities

“Our town attorney doesn’t have the experience to guide the town through this,” she said.

Johnson said the entire debate over the fate of the hotel, apart from the historical part of it, comes down to taxpayers’ money.

“The town is looking at another $10 million investment for a water plant,” she said. “If we don’t keep the hotel then there will be an increase in taxes that will fall directly on the shoulders of the taxpayers. If we keep the hotel there will be lots of tax money generated for the years ahead. Financially it makes no sense not to keep the hotel.”

None of the parties involved know when the matter will actually get to court or how long it will take to play out. If no injunction is issued to stop any activity, Ottinger says things will just move along as normal.
 

VIDEO May 28, 2014 Tampa Bay Business Journals

http://m.bizjournals.com/tampabay/video/drdnQybjryhuJ-KC8FqJzlvBJ8QJYYwR?autoplay=1&ana=e_du_vidRR&s=article_du&ed=2014-05-28&u=jymExYarWoSO1qd+xa2Ip8RHUvj&t=1401306717&r=full

https://twitter.com/TBBJMargaret/status/471744349660020736/photo/1

A model shows the likely future configuration of the future Belleview Biltmore site.

http://www.tampabay.com/news/localgovernment/preservationist-files-second-lawsuit-to-block-belleview-biltmore-sale/2180949

Thursday, May 22, 2014

Tampa Bay Times

Preservationist files federal lawsuit to block Biltmore sale

BELLEAIR — A preservation advocate fighting to save the former Belleview Biltmore hotel from demolition has filed a second lawsuit to block its sale — this time in federal court.

Rae Claire Johnson, president of Friends of the Belleview Biltmore, joined Wednesday with Belleair residents Doris E. Hanson and Mary Lou White on the most recent action filed in U.S. Middle District Court.

The suit accuses Belleair commissioners of nepotism and colluding in the hotel's sale by failing to enforce the town's historic preservation ordinance, code infraction process or comprehensive plan. The town's inaction, they say, has given the Biltmore's owners carte blanche to illegally withhold routine maintenance in hopes of making a case for demolition.

BB Hotel LLC, the South Florida firm that owns the hotel, is also named as a defendant.

Company owners Raphael and Daniel Ades have a contract to sell the Biltmore to St. Petersburg developer Michael Cheezem, who intends to raze the structure and build a replica inn, condos and townhomes in its place. Cheezem recently scrapped plans to preserve the lobby and restaurant, saying cost and worries about bringing the structure in line with current building codes made the idea unworkable.

The plaintiffs want a judge to stop the sale, force the hotel's owners to repair it and make the town levy code enforcement fines.

In March, Johnson filed a lawsuit in circuit court accusing the town of trying to circumvent proper hearing procedures and approving an illegal request to subdivide the property, harming any chance of preservation because there wouldn't be enough land left to meet Belleair's parking requirements. That suit is pending.
 

http://www.tbnweekly.com/pubs/belleair_bee/content_articles/052114_bee-01.txt

Wednesday, May 21, 2014

Belleair OKs zoning for hotel land

Commissioners approve mixed-use designation for Biltmore property

By BRIAN GOFF

BELLEAIR – By a unanimous vote Belleair Commissioners approved the
introduction of mixed-use zoning for the Belleview-Biltmore Hotel property.
The zoning, looked upon by preservationists as yet another step toward
demolition of the hotel, would allow a developer to include the building of
a hotel/Inn on the property in addition to residential units.

The commission meeting May 20 was relatively quiet and very quick in comparison to past meetings that dealt with any issue involving the hotel property. The entire meeting took less than 45 minutes and that included dealing with a number of other items on the agenda.

However, the attention of the handful of residents at the meeting was centered on the mixed-use proposal as presented by planning consultant Dave Healey.

“This is a development tool with potential,” he said. “It is designed to be a new category to encourage the building of a hotel along with residential units which would recognize the historical component of the Belleview-Biltmore Hotel.”

Healey said the historical piece of the proposed zoning plan would be important to the entire concept.

“It would give historical recognition to the use of the property and the architectural style of the buildings,” he said. “It would encompass the economic, social and cultural importance and would only be permitted if all the historical preservation conditions are met.”

Healey noted that before the mixed use zoning would be granted the developer would have to meet a number of requirements, including entering into a development agreement with the town.

“In addition two public hearings would have to take place and the development agreement would be binding on both sides so everybody knows what the stipulations are,” he said.

Commissioner Stephen Fowler, who has voted against any zoning change proposed for the property in the past, asked Healey if in the combined hotel/residential property there could be a situation where residents could use some of the amenities of the hotel such as concierge and valet service. Healey said that it could.

Fowler also wanted to make sure that any retail activity at the hotel would only be accessible through the hotel and not from the outside. And he wondered if the property would be golf cart friendly. Healey said he would make sure the accessibility issue would be addressed as well as the golf cart issue.

Then it was on to public comments, which on occasion in the past, have taken up to three hours. This time only four people spoke.

First up was Jim White the president of the RPD Homeowners Association. The RPD is the development that surrounds the hotel.

White said after hearing yet another presentation by developer Mike Cheezem and Town Manager Micah Maxwell and Healey this past week, his association continued to be in favor of the project.

“After the presentations our board voted unanimously to support the mixed use zoning,” he said. “We urge the town to pass the ordinance and put mixed-use in place.”

Jim Betts, an RPD resident, was on the other side of the issue.

“I stand here in bewilderment,” he said. “Here we are in Belleair, a town built around the hotel, a town whose comprehensive plan says we should preserve the hotel, a town whose sworn duty is to do so, and we’re talking about not saving the hotel.”

Betts wondered who was benefitting from all this.

“We have a developer who says he has abandoned all attempts at saving the hotel,” he said. “Whose interests are we pursuing; it doesn’t seem to me to be the town’s.”

Resident LaVonne Johnson, who has spoken many times in favor of preserving the hotel, again spoke out against any change.”

“I want you all to keep your promises to protect and preserve the Belleview-Biltmore Hotel,” she said. “Mixed zoning would not be part of your protection. Vote no on mixed zoning.”

Then the mayor and every commissioner, including Fowler, voted to approve first reading of the ordinance, which would allow mixed use on the hotel property.

Board appointments approved

Commissioners approved appointments to the various boards in the community. The appointments were required because several terms had expired.

Lil Cromer and Buzz Cooper were reappointed to the Building Board of Adjustment and Appeals.

Tom Olson, Tom Kurey and John Prevas were reappointed to the Finance Board.

On the Historic Preservation Board Andrea Ayers Layman decided not to seek re-appointment so commissioners voted to have Alex Chamberlain replace her. They also voted to re-appoint Dave Hutcheson and Don White to the board.

John Hail and Chis Foley were reappointed to the Infrastructure Board.

Paul Cozzie, Kathy Gaston and Amy Welch were reappointed to the Park and Tree Board.

Gloria Burton, Peter Marich and Bonnie Sue Brandvik were reappointed to the Planning and Zoning Board.

Molly Fowler, Skip Katz, Patricia Ryan and Cheryl Franzese were reappointed to the Recreation Board.

All the new and reappointed members of the Boards will serve a two-year term. Next year the remaining members of the boards will have their terms expire.

http://www.tampabay.com/blogs/baybuzz/belleview-biltmore-mixed-use-plan-gets-preliminary-okay/2180740

Belleview Biltmore mixed-use plan gets preliminary okay

Wednesday, May 21, 2014 11:05am

BELLEAIR| The Town Commission on Tuesday night preliminarily approved a new zoning category that would let a developer build a mixed-use project on the Belleview Biltmore property.

The unanimous vote followed 40 minutes of discussion before about two dozen audience members, two of whom spoke against the plan. Jim White, president of the 553-member residential district surrounding the hotel, said the homeowner association board unanimously supports the measure.

The mixed-use option is aimed at smoothing the way for St. Petersburg developer Michael Cheezem, who intends to buy the site, apply for the new zoning designation, demolish the former hotel, then build a small replica inn, condos and townhomes in its place.

The new category would require that any mixed-use project approved for the site contain architecture, building materials or artifacts that are either salvaged from or reminiscent of the historic hotel.

A second hearing and final vote will be June 17. Commissioners asked town staff to incorporate several changes recommended by the Planning and Zoning Board, such as requiring that shops be accessed only from inside the inn to deter an influx of traffic and crime by non-residents. Staff will also research the desire for golf cart use on site and language that would allow hotel and residential use within the same building.

Taking a Tour of the Past to Preserve Our Future | WUSF News
May '14 02:26
 

http://wusfnews.wusf.usf.edu/post/taking-tour-past-preserve-our-future
 

http://tbnweekly.com/pubs/belleair_bee/content_articles/041614_bee-02.txt


Belleair OKs new zoning designation

By BRIAN GOFF
Article published on Wednesday, April 16, 2014

BELLEAIR – With a 4-1 vote Belleair Commissioners approved the establishment of a new zoning designation, aimed specifically at the property occupied by the Belleview Biltmore Hotel.

Commissioner Stephen Fowler was the only one who voted against the zoning. All along he has been critical of the new designation.

The new zoning is known as RM-10 and it allows potential developers of the hotel property to produce plans with only 10 living units per acre on the 20-acre site. Up until now the fewest number of units permitted was 15 and city officials felt that was too many and would have been a detriment to the high-end development of the property.

In addition to the number of units per acre, and what will no doubt be attractive to a developer, is the loosening of the height requirements in the new zoning area. Buildings up to 80 feet will be permitted as long as the average height of the buildings on the property remains at 48 feet. Also the minimum size of the units must be 1,500 square feet.

The debate over the RM-10 zoning has been going on for months. Hotel preservationists have been against it, saying it will only spur on the demolition of the hotel and promote new development. Those in favor of the new zoning say it is important to attract respected developers in the event efforts to save the hotel fail.

Currently, St. Petersburg developer Mike Cheezem has a contract to purchase the property and is in the midst of doing what he called due diligence into the property. He has spoken favorably about the RM-10 designation.

The second reading of the ordinance approving the new designation took place at the Commission meeting on April 15. Once again there was a packed hall, evenly split between the two sides. The preservationists were on the left, the others on the right. One after the other they spoke in favor or against the proposed ordinance, saying much the same things they said at previous meetings on the topic.

Jim White, the president of the RPD Homeowners association, reminded the commission that his executive board, which represents 553 condo owners, passed a resolution in favor of the RM-10 zoning.

“I am comfortable that the vast majority of our homeowners support the RM-10,” he said. “It is an alternative we need to have in place.”

Jim Betts, a resident of the RPD, took issue with what White had to say.

“At no time was there a referendum or a survey on the issue taken,” he said. “I know the majority of the people in my building support the hotel. I urge you to pay little attention to the recommendation of the RPD Board.”

Just as quickly RPD resident Tom duPont dismissed Betts’ comments.

“The residents were surveyed by the presidents of each condo group,” he said. “All the presidents were instructed to poll their residents, and if Mr. Betts’ president didn’t do it, then he has a problem with him.”

DuPont then spoke on behalf of the RM-10.

“It is a viable alternative for the owners of the hotel. It is giving them opportunities which are good for them and good for the town of Belleair,” he said.

Mayor Gary Katica then interrupted the speakers, took the portable microphone, stepped away from his chair and stood before the crowd.

“It is not easy for us to sit up here and watch the citizens of this town tear themselves apart,” he said. “I want to give you an example of what we have been dealing with. Richard Heisenbottle had until October to come up with $200,000 to secure his contract with the owners. He failed to do so. Then I got a call from Daniel Ades, the owner, who told me he would never deal with Heisenbottle again because he broke the contract and didn’t come up with the money.”

Heisenbottle is the Miami-area Architect who hopes to buy the hotel and refurbish it.

Katica continued.

“Then two weeks ago today I got a call from Richard Heisenbottle, who wanted to meet with me before the meeting. I agreed, and in my office he had a manila envelope and from it he took a piece of paper and said it was a commitment for $200 million. But he wouldn’t show it to me, he put it back,” he said.

“I asked him what the hell this was, another dog and pony show? He wanted me to arrange for him to meet with Cheezem, I told him that wasn’t my job. He could arrange his own meeting with Cheezem.”

A short time later, Charles Kropke, one of Heisenbottle’s partners, reminded the mayor that they told him they only had 30 days to close the deal.

“Anyone knows that a deal of this magnitude, this complex, can’t be closed in 30 days,” he said. “I just want to clarify what was said at that meeting.”

Commissioner Kevin Piccarreto then asked Kropke how the RM-10 designation would affect their plans for the hotel.

Piccarreto repeatedly accused Kropke of not answering his question and each time Kropke said the RM-10 would promote the demolition of the hotel.

After an hour of residents having their say it was then the turn of the commissioners to have theirs.

Fowler led the way, saying he opposed the RM-10 because it was too restrictive and a future discussion on a mixed-use zoning for the area was more exciting.

“RM-10 doesn’t allow for anything but housing,” he said. “Mixed use will give us far more opportunities.”

The other commissioners all spoke in favor of the RM-10 designation, as did Katica.

“We sit here representing all the people,” he said. “Each year we lose $800,000 in taxes while that hotel sits empty, not to mention the people of the RPD who have lost plenty on their home values because of the empty hotel. It is into the millions. We are here to make decisions based on information from people who we believe in.”

All except Fowler voted for the ordinance, which is now law.

Discussion and debate over the mixed-use zoning proposal will take place in the weeks ahead with first reading at the May 20 meeting and second reading at the June 17 meeting.

Belleair Commission creates new zoning district that could affect Belleview Biltmore

Tampa Bay Times

Keyonna Summers April 15, 2014

BELLEAIR — The Belleair Town Commission voted 4-1 Tuesday night to create a new zoning district a developer could apply for if he or she wanted to raze the historic Belleview Biltmore Resort & Spa and build condos or townhomes in its place.

Current zoning on the Biltmore site allows only for a hotel or single-family homes.

The new zoning option, RM-10, offers more flexibility and height than the town's two existing multifamily residential zoning designations. It allows up to 10 units per acre —- a density between the other two zoning categories — and the potential for building heights up to 80 feet if the developer incorporates certain incentives like enclosed parking.



Only Commissioner Stephen Fowler voted no, saying he preferred the next presentation on the agenda: A mixed-use zoning option that would encourage preservation of at least a piece of the Biltmore to be used as a boutique hotel, along with a restaurant, event space and perhaps a residential component.

Commissioners subsequently also gave staff the okay to research the densities, incentives and other specifics that should be included in the ordinance.

In response to critics, town officials said both zoning options are simply "another tool in our toolbox" and doesn't preclude a preservationist from attempting to negotiate a purchase deal with hotel owners.


http://www.tampabay.com/news/briefs/april-13-belleview-biltmore-rezoning-and-other-news-briefs/2174752

Tampa Bay Times Saturday, April 13, 2014


Belleview Biltmore rezoning

Biltmore rezoning options will receive some action

The Belleair Town Commission this week will hear a presentation on proposed new mixed-use zoning options for the Belleview Biltmore hotel property and take a final vote on another option that would let condos or townhomes be built on the site.

The meeting starts at 6:30 p.m. Tuesday at Belleair Town Hall, 901 Ponce de Leon Blvd.

The hotel's 2009 closure has split the community.

Current zoning on the Biltmore site allows only for a hotel or single-family homes.

Some town residents support the new zoning categories, saying the deteriorating 117-year-old structure has left a tax revenue void and driven down property values.

Hotel admirers, who hope a preservationist will buy and restore the hotel to its former glory, fear adopting new zoning options will encourage developers to demolish it.

JMC Communities, which has a contract to buy the hotel from its Miami owners, has proposed building condos, townhomes, a restaurant, event space and perhaps a small inn that replicates or preserves part of the original hotel.

 

April 2, 2014

A vote of the Belleair Commission Tuesday night will allow for development of surface parking on the grounds of the Belleview Biltmore hotel.

The commission voted 4-1 to change the requirement for hotel property size.

The decision will allow the Belleair Country Club to develop a surface parking lot on 2.3 acres it proposed to buy from hotel owners Raphael and Daniel Ades.

The land is within the gates of but not contiguous to the hotel.

The vote came a day after Belleview Biltmore Partners LLC, a Miami group led by restoration architect Richard Heisenbottle, expressed renewed interest in buying and renovating the weather-beaten hotel.

Belleair Mayor Gary Katica, who serves on the town commission, said he met with Heisenbottle and his partners shortly before the meeting. He referred the group to St. Petersburg developer Mike Cheezem, who is under contract to buy the site.

“This is a private property and Cheezem has a contract on it,” Katica said. “I said speak to him, don’t speak to me.”

Cheezem, through his lawyer Ed Armstrong, said he intends to move forward with his plan to develop the site.

Katica expressed concerned about the hole the vacant hotel burns in the town’s finances,

“Our budget starts at minus $800,000 every year. This has gone on for five years,” Katica said. “That’s crazy. I would love to see this place restored. It’s beautiful. But I am interested in getting something done.”

 

Belleair hotel issues spur debate Town commissioners approve land code change for hotel property
 

By TOM GERMOND

http://www.tampabay.com/news/localgovernment/belleair-commission-approves-belleview-biltmore-property-division/2173052  

Edward Shaughnessy, chief operating officer of the Belleair Country Club, gets a show of support Tuesday for the club’s plan to buy a portion of the Belleview Biltmore Resort & Spa property.


BELLEAIR — Town commissioners voted 4-1 Tuesday night to reduce the size requirement for hotel properties, dismaying preservation advocates who say the decision paves the way for demolition of the historic Belle­view Biltmore Resort & Spa.

Belleair commission approves Belleview Biltmore property division

The neighboring Belleair Country Club had requested the change in December, saying it wants to buy 2.3 acres of the Biltmore property from its Miami owners for continued use as surface parking. But that would have violated a town law that hotel properties must be at least 20 acres — the exact size of the Biltmore site — so commissioners were asked to reduce the requirement to 17.5 acres.

The amendment passed on first reading in February, but a lawsuit filed last month by preservation advocate Rae Claire Johnson, president of the Friends of the Belleview Biltmore Inc., claimed the action wasn't legal.

So the town delayed the final vote, pending a review by town attorney David Ottinger. He said his research determined the town had followed correct procedure and could proceed Tuesday.

Only Vice Mayor Stephen Fowler voted no. He said the tax revenue generated by a parking lot wouldn't "come even close" to what a hotel or residential development would.

"I just can't in my conscience vote to put a parking lot on the highest and best use land in … Pinellas County," he said.

But his colleagues said voting down the measure would interfere with the private property and transaction rights of the country club and hotel owners.

The decision came one day after Belleview Biltmore Partners LLC, a South Florida group that has spent years trying to raise enough money to buy and restore the Biltmore, told the media it had finally snagged a funding commitment from a private-equity firm to buy and renovate the hotel and an adjacent, town-owned golf course.

On Tuesday, the three partners met individually with Mayor Gary Katica and Commissioners Michael Wilkinson and Tom Shelly before pleading their case before a packed Town Hall.

Despite multiple delays over the past two years, Richard Heisenbottle, the architect who has led the preservation effort, said BBP has the finances "to move forward with this project once and for all." He even offered to fund construction of a parking garage for the country club.

Wilkinson told the Tampa Bay Times he was satisfied with signed financials BBP produced during his private meeting.

But Shelly said he was hesitant about the two-part pledge — $16 million for the first phase plus a second installment to build out the project — that BBP said it had received from an equity firm. He said BBP wouldn't reveal the total funding amount.

"They don't have the money yet," Shelly said. And "many financing commitments fall through. There's always outs that the lender has."

But commissioners said the matter is out of their hands. They referred BBP to St. Petersburg developer Mike Cheezem, who has a contract to buy the hotel from Raphael and Daniel Ades of Kawa Capital Management.

Cheezem — who has proposed condos, townhomes, a restaurant, event space or perhaps a small inn that replicates or preserves part of the original hotel — has said he is uninterested in dropping his contract.

The Belleview Biltmore Hotel can be restored just like this home!

http://www.tampabay.com/news/localgovernment/belleair-commission-approves-belleview-biltmore-property-division/2173052#_=1396399432972&count=horizontal&id=twitter-widget-0&lang=en&original_referer=http%3A%2F%2Fwww.tampabay.com%2Fnews%2Flocalgovernment%2Fbelleair-commission-approves-belleview-biltmore-property-division%2F2173052&related=PolitiFact%2CPoliticsTBTimes&size=m&text=Belleair%20commission%20approves%20Belleview%20Biltmore%20property%20division&url=http%3A%2F%2Fwww.tampabay.com%2Fnews%2Flocalgovernment%2Fbelleair-commission-approves-belleview-biltmore-property-division%2F2173052&via=TB_Times

Belleair commission approves Belleview Biltmore property division

Tampa Bay Times

By Keyonna Summers Tuesday, April 1, 2014

— Town commissioners voted 4-1 Tuesday night to reduce the size requirement for hotel properties, dismaying preservationists who say the decision paves the way for demolition of the historic Belleview Biltmore hotel.

The neighboring Belleair Country Club had requested the change, saying it wants to buy 2.3 acres of the Biltmore property from its Miami owners for parking. But the town required that hotel properties be 20 acres and the sale would have reduced the remaining Biltmore parcel to less than 18 acres.

Vice Mayor Stephen Fowler voted no. He said a parking lot would destroy one of the "finest bluffs" in Pinellas County.

However, his colleagues sided with town planner Dave Healey's opinion that voting down the measure would amount to interference with the property rights of the country club and the hotel's owners, who are involved in a private transaction.

 

http://www.tampabay.com/news/growth/opposing-sides-battle-over-redevelopment-of-belleview-biltmore/2172449

Diane Steinle, North Pinellas Editor

BELLEAIR — A lawsuit filed against Belleair by resident Rae Claire Johnson caused the Town Commission to tap the brakes last week on one action that could encourage redevelopment of the Belleview Biltmore hotel property. But it didn't even slow them down on another.

The commissioners voted 4-1 to create a new zoning district that would give a developer of the Biltmore property more flexibility and height than the town's two existing multifamily residential zoning designations.

The new designation, RM-10, would allow up to 10 units per acre — a density between the other two zoning categories — but unlike those, would not cap building heights at 32 feet. A developer who got RM-10 zoning could build up to 80 feet if he met certain desirable conditions, such as enclosing the parking area or setting buildings farther from the property line.

Only Commissioner Stephen Fowler voted no, saying a maximum height of 58 feet should be set for RM-10 projects.

"Next time you drive along Sand Key, look at an eight-story condo," he said, suggesting that buildings of that height don't fit in generally low-rise Belleair.

But Fowler failed to persuade other commissioners or some members of the audience, who urged the commission to keep moving forward on several code amendments that could make the Belleview Biltmore property more likely to be redeveloped.

St. Petersburg developer Mike Cheezem has a contract to buy the Biltmore property from its Miami owners and has said he would build condos there and perhaps a boutique hotel, but would demolish most or all of the 117-year-old Biltmore.

The commission must vote a second time on April 15 to create the new RM-10 category.

Commissioners decided, on the advice of their attorney, to delay a final vote on another item: reducing the minimum acreage for hotels.

The town currently requires at least 20 acres for a hotel property — the Biltmore has 20 acres — but the town staff has proposed reducing the requirement to 17.5 acres. That would allow the Biltmore's owners to sell a 2.3-acre plot to the adjacent Belleair Country Club.

The town checked out five other resort hotels in Pinellas County and found that their acreage ranged from 3.38 (the Sandpearl Resort in Clearwater Beach) to 19.79 (the Tradewinds Resort in St. Pete Beach). The average for the five was 11.94 acres.

The amendment passed on first reading in February, but a lawsuit filed on March 20 by preservation advocate Rae Claire Johnson, president of the Friends of the Belleview Biltmore Inc., claims the commission's action wasn't legal.

Johnson's petition filed in the Sixth Judicial Circuit Court contends that opponents of reducing the acreage weren't given proper notice of the February meeting or sufficient opportunity to be heard. It also claims that the February discussion should have been a quasijudicial hearing, with evidence and witnesses presented, and that Mayor Gary Katica called for the vote "while opponents were still at the lectern preparing to speak in opposition."

Johnson asks the court to review the town's action and set aside the vote.

At Tuesday's commission meeting, town attorney David Ottinger said the February vote was a valid act, but he suggested the board briefly delay its final vote on the reduction of acreage so he could thoroughly review the issue. A special meeting to conduct that vote has been scheduled for 5:30 p.m. Tuesday at Town Hall.

Among the speakers last week was Ed Armstrong, the attorney who represents the hotel's owners. He said opponents of Biltmore redevelopment have a strategy to "delay, delay, delay."

"Send a message tonight that you are going to keep moving forward," he told commissioners.

Jim White, president of the 553-member Belleview Biltmore Homes Association, said his board approved a resolution supporting the reduction in acreage and the RM-10 zoning.

Resident Daniel Hartshorne told commissioners that Johnson's lawsuit is "provocatively idiotic," and noted that no developer has come forward with the $250 million some contend it would take to preserve and restore the Biltmore.

"Unfortunately," he said, "this hotel's time has passed."
 

http://tbnweekly.com/pubs/belleair_bee/content_articles/032614_bee-01.txt

Lawsuit filed to stop sale of hotel land

By BRIAN GOFF

Article published on Wednesday, March 26, 2014

BELLEAIR – A lawsuit has been filed against the town of Belleair and the Belleair Country Club aimed at stopping the Country Club from buying just over two acres of hotel property for a parking lot.

The lawsuit was filed on Friday, March 25 by the Friends of the Biltmore, a non-profit organization with a goal to preserve the Belleview Biltmore hotel. Resident Rae Claire Johnson is the president of the organization.

The lawsuit contends that the town’s voting to reduce the acreage for the hotel from 20 acres to 15 was improperly done and should be set aside. The reasons set out in the document include the lack of a quasi-judicial hearing, which it states, should have been held.

“The parties must be able to present evidence,” the lawsuit said. “The parties have a right to cross examine witnesses and the parties must be informed of all the facts upon which the town Commissioners vote on the zoning request.”

Town Attorney David Ottinger said the meeting at which the zoning change passed first reading was not a quasi-judicial hearing.

“If they have a way of showing that it was, then I’d like to hear it,” he said. “It was the Town Commission passing an ordinance and is not an appealable event under the rules of the appellant procedure.”

Ottinger questioned whether there was any jurisdictional right to even bring the lawsuit.

“It is requesting a review of a purely legislative action, that of a town passing an ordinance. It was not a quasi-judicial hearing,” he said.

Town Manager Micah Maxwell was more to the point.

“We simply don’t agree with it,” he said. “It did not stop us from moving ahead with second reading of the ordinance.”

The second reading will be at the commission meeting April 1.

The lawsuit brought forward other issues relating to the town’s ordinance and the way it was handled at its last meeting. It was specific in pointing out that Johnson did not have adequate time to make her case against the ordinance, and it complained of the way she was treated at the meeting.

“While citizens opposing the zoning change were still in line at the lectern to speak, Mayor Gary H. Katica called for a vote on the zoning issue, cutting off a full and fair review and hearing,” it said. The petitioner, Johnson, “then had to wait until after the Town Commissioners had voted to adopt the proposed ordinance to use another 3 minutes which she was entitled to during the open session.”

The lawsuit states that Johnson then attempted to tell the commission that what they were doing was against the law.

“At that point she was rudely interrupted and repeatedly told to ‘sit down’ by the presiding chairperson, Mayor Gary Katica, thus depriving her of a meaningful unbiased opportunity to be heard in opposition,” the lawsuit states.

The core of the issue is the future of the hotel. The lawsuit states that by allowing the 2.3 acres to be sold will damage the future of the hotel, which needs the space to be viable.

“Shrinking the minimum size of the Hotel District from 20 to 15 acres, will irreparably harm the historic Belleview Biltmore Hotel Resort,” the suit said. “By depriving it of acreage essential to maintaining its required 2,045 parking spaces on its 20 acres and thus harm its viability as a commercial enterprise which it was through its period of operation from 1895 to 2009.”

The lawsuit then went on to ask the court to quash the town’s approval of the reduction of land size for the hotel district.

“The Petitioners move that this Court find that the vote to decrease the minimum acreage in the Hotel district was a vote based upon the request of the country club, who had no legal standing,” the lawsuit said. “As the country club does not own the hotel property at issue, therefore the town failed to follow the essential requirements of law and such act was a gross miscarriage of justice.”

Attorney Ed Armstrong, who represents the Country Club in the matter, dismissed the suit out of hand.

“I think it should have no effect whatsoever,” he said. “It makes no sense that the country club is involved at all. It makes no sense. We believe the suit is without merit in laws or in fact.”

Armstrong said the sale of the land should go ahead uninterrupted despite the lawsuit.

“It should not hold up the sale of the land. It is a simple transaction,” he said. “It is uncomplicated and should take no more than two or three business days to complete once all the red tape is ironed out.”

Armstrong also pointed out that the land, just to the north of the club, has been used as a parking lot of years.

“It is not changing,” he said. “Just the owners are changing.”

As for when this might all play out in court. Town Attorney Ottinger said once the town files a response, things will begin to happen.

“We will file a response then the court will decide if the case has any merit or not. If they decide it does have merit, then a court date will be set. We think there is a very good possibility the case will be dismissed,” he said.

Johnson doesn’t agree.

“I don’t think that is going to be the case,” she said. “It is a shame it has to come to this, but the commissioners must be held accountable.”



http://tbnweekly.com/pubs/belleair_bee/content_articles/032614_bee-02.txt

Belleair OKs zoning for hotel property
 

Commissioners unanimously pass resolution honoring the late Santo “Sam” Casella


By BRIAN GOFF

Article published on Wednesday, March 26, 2014

BELLEAIR – The debate over the future of the Belleview Biltmore hotel continued at the town’s commission meeting on March 25.

This time the arguments centered on the establishment of a new zoning option for the hotel property. The proposal is to add what is known as RM-10 zoning, which would provide for a developer to build 10 units per acre with provision for some buildings on the site to be as high as 80 feet.

People wanting to preserve the hotel see the new zoning as an incentive for developers to demolish the hotel and build townhouses as has been planned. Those in favor of the new zoning see it as a way to move forward and put the hotel behind them.

One of those people was Jim White, the president of the RPD Homeowners Association. White said his group passed a resolution supporting the RM-10 proposal along with other proposed changes that would affect the hotel property. White and his group have long complained about the unsightliness of the hotel and the affect it is having on their property values.

Preservationist Rae Claire Johnson wondered why the RM-10 was needed for the property because under the town’s land development criteria anything built on the hotel property would classify as a major development with its own set of rules and regulations.

Resident Tom Dupont spoke out strongly in favor of the RM-10 proposal.

“It is time to stop wasting time, stop dilly-dallying,” he said. “Pass this RM-20. You have vetted this subject long enough now take some action. We need this zoning so the property can be developed.”

Another supporter of the proposed zoning was resident Dan Hartshorne, who began by referring to a lawsuit recently launched by Johnson opposing proposed changes to the rules governing the property.

“The lawsuit is provocatively idiotic,” he said. “We’ve just come through a depression. Nobody has $250 million to fix the hotel; its time has passed. It is time for the town to move forward. The more we involve ourselves in fantasy the less likely we will move forward.”

Resident Karman Hayes felt differently.

“I am on the other wide of the argument; I want to preserve the hotel,” she said. “My request is to stick to your earlier proposal to put this off for sxi months; there are several interested parties out there if we give them time.”

Resident Tom Kurey refuted that suggestion.

“We’ve been waiting for others but they haven’t delivered; it hasn’t happened” he said. “The hotel is not viable. Let’s do the right thing for the town of Belleair.”

Attorney Ed Armstrong, who represents the Ades brothers, owners of the hotel, in land use matters and who is representing the Belleair Country Club in this most recent lawsuit, urged commissioners to keep moving forward.

“The obstructionists want delay, delay, delay. Don’t let this lawsuit discourage you. Send them a message that the town is going to move forward. There will no doubt be other lawsuits. Get used to it and keep moving forward,” he said.

Commissioner Stephen Fowler was the only commissioner to speak out against the RM-10 proposal, reiterating things he has said in earlier debates on the subject.

“I object to the maximum 80 foot height for some of the buildings which could be built on the site,” he said. “It is not the scale or the fabric of Belleair. Eighty feet is as big as an eight-story building. I would suggest a maximum of 58 feet.”

He also wanted to include an average size of any townhouses or condo units built on the site.

“I object to the deletion of the average size requirement. We have a minimum size of 1,500 square feet so there is nothing to stop a developer from building all the units at that size. That would surely devalue the surrounding properties,” he said.

Fowler wanted to add a requirement that the average size of the units be 2,200 or 2,400 square feet.

In the end he lost the fight for those changes when the commission voted 4-1 to support the RM-10 zoning as proposed. The second reading of the ordinance will be at the commission meeting on April 15.

Earlier in the meeting the planned discussion of changing the minimum acreage for the hotel be lowered from 20 acres to 15 was put off. That proposal would allow the hotel owners to sell just over two acres to the neighboring Belleair Country Club, which would use it for a parking lot. Town Attorney David Ottinger suggested they delay that discussion until the next meeting on April 1 to allow for proper notice for the meeting. A number of residents then booed that decision and got up and left the hall.

 

BELLEAIR – While most Belleair commissioners would like to resolve the issue of the future of the Belleview Biltmore Hotel and in the words of Mayor Gary Katica, “move on,” one of their number consistently takes the opposite stand.

Commissioner Stephen Fowler would rather slow things down and let time take care of it.

In recent weeks Fowler has made his position clear on more than one occasion. In January he moved to delay for six months the introduction of a new zoning designation that would have helped the sale of the hotel to developer Mike Cheezem. That effectively stalled the process and kept Cheezem from moving on with plans to demolish the hotel and build townhouses on the property.

Most recently, in early February, he was the lone vote against selling two acres of the hotel property to the neighboring Belleair Country Club, which wanted the land for a parking lot.

Fowler, 69, insists he is not a contrarian, but does admit on this issue he is cautious and wishes his colleagues were, too.

“I’m saying slow down here, with the economy recovering I’m firmly convinced it is doable,” he said.

Fowler, who is an architect with a Clearwater office, has lived in Belleair since 1976 and he’s been on the Belleair Commission for more than a dozen years. He’s seen the hotel issue, including its closure in 2009, up close and personal. He believes it can be restored and brought back to life if people would just slow down and let it happen.

“The cost estimate for the restoration of the hotel is actually $180 million,” he said. “The average room rate of about $200 a night with a 65 percent occupancy would return 10 to 12 percent on the investment, and those are two-year-old numbers, they could be even better today.”

He said the hotel restoration would bring much more to the community than townhouses.

“Construction on the hotel would create 2,500 jobs and when it was completed would provide from 600 to 1,200 jobs,” he said. “Once completed the townhouses would hardly create anywhere near that number of jobs.”

As the debate over the future of the hotel rages on, the question begs; where are the buyers who want to make such an investment? Fowler said he has knowledge that a buyer is out there, although he does admit putting a deal together isn’t an easy task.

“In this economy to try to put together a $150 million construction package isn’t something you do overnight,” he said. “It is very complicated, very difficult to put together all the pieces with tax credits and historic tax benefits and so on. I’m not a money kind of guy but people tell me it is a complicated issue.”

Fowler wouldn’t reveal who he was talking about although one man has been on the periphery of the issue since the beginning. Miami-area Architect Richard Heisenbottle has wanted to buy the hotel, but has fallen short on several occasions. He has been unable to come up with the money to the point where the Ades brothers, the owners of the property, through their attorney Ed Armstrong, say they will no longer deal with him.

Whoever else may be out there remains a mystery.

“I’m not at liberty to say, honestly, especially with Cheezem in the picture,” said Fowler.

Fowler led the way in creating the six-month delay for consideration of the RM-10 zoning designation thus delaying the sale of the property to Cheezem. At the time he got the support of Commissioners Tom Shelly and Michael Wilkinson. However, at the most recent commission meeting, amid considerable community outcry, Shelly and Wilkinson voted to re-consider that motion. Eventually Fowler went along with them. But he did not go along with them in voting to allow the sale of two acres to the Country Club.

“I don’t think a parking lot is the highest and best use for that piece of property,” he said. “Once again it challenges the historic preservation ordinance because that is all part of it. My thinking is the club could put a second deck of parking over the existing lot south of the clubhouse. It would provide shaded parking and would get more spaces than the two acres and be closer to the clubhouse.”

He said there was another reason why he objected to the sale of the land.

“By selling off that two acres you reduce the density of the hotel or mixed use, you lose up to 40 units of density; there has got to be some value there.”

Fowler agrees with Katica’s estimates of an annual $800,000 tax loss as long as the hotel remains closed. But he said patience is required if the town is to ever get back to that level.

“His numbers are based on a restored hotel. We’re getting $45,000 a year from that property now. No one really knows what we’d get from a residential development, perhaps as much as $500,000. Clearly a restored hotel would be better,” he said.

At the most recent Belleair commission meeting residents in favor of allowing developer Cheezem to move ahead with his plans were clearly in the majority. They clapped loudly when one of their supporters made a point, and jeered loudly when an opponent had something to say. Fowler was often the subject of those jeers. In fact at one point he fought back.

“I listened when you had something to say, so now I’d appreciate it if you were quiet while I have my say,” he said.

Despite all that acrimony he says he isn’t about to change his mind.

“No sir, I’m not going to change anytime soon, because a restored hotel is the highest and best use for the town and Pinellas County and Tampa Bay.”

“I am just so afraid that everyone is listening to the people who say do something,” he said. “They say do something right or wrong. Just do something. Well doing something wrong is forever.”

http://tbnweekly.com/pubs/belleair_bee/content_articles/030514_bee-01.txt

March 5, 2014

Photo by BRIAN GOFF

As one option, Belleair commissioners are considering naming the clubhouse at the Belleview Biltmore Golf Club after the late John Osborne who left millions of dollars to the town.

Belleair mulls over hotel land zoning

RM designation would allow 10 units per acre on the land
BELLEAIR – Discussion of the potential new zoning designation as it relates to the Belleview Biltmore property again dominated the discussion at the Belleair Commission meeting on March 4.

The zoning designation RM-10 would allow any developer to build 10 units per acre on the land. The previous designation RM-15 was considered inappropriate for the property.

Several weeks ago, based on a motion by Commission Stephen Fowler, the commission voted 3-2 to shelve any discussion of the zoning for six months. That was considered a hindrance to developer Mike Cheezem, who intends to buy and develop the property.

Two weeks ago the commissioners changed their minds and agreed to reconsider the designation at their meeting on March 25. The discussion at the most recent meeting was to refresh their memories about RM-10.

In addition to allowing 10 units per acre the new designation would also insist that a minimum of 5 acres would come into play, and the minimum size of a unit would be 1,200 square feet with the average square footage being 1,800 square feet.

The contentious part of RM-10 is the loosening of the height restriction. Buildings as high as 80 feet would be allowed as long as the average height of the project would be 48 feet. Other conditions would have to be met regarding parking and setbacks. Those height restrictions are what bothered Commissioner Stephen Fowler.

“I have some heartburn with the scale of any project under this proposal,” he said. “I’m worried about what could happen. I feel we should limit the maximum height to 68 feet.”

When Fowler commented that the RM-10 as written would do a disservice to the residents of the RPD, Mayor Gary Katica asked him just what he meant by a disservice.

“The 80 feet is much higher than the hotel is today,” he said. “It would be inappropriate to the rest of the buildings that are there today.”

Commissioner Kevin Piccarreto asked how many 80-foot buildings could potentially be built on the property under the rules. Consultant David Healey said it was difficult to tell.

“It depends on the floor place and just how many buildings of varying heights would be built to maintain the average,” he said.

Piccarreto said that when he attended an RPD meeting recently he got the impression that the residents wanted more green space.

“They were unanimous in wanting green space and the higher buildings would give them that,” he said.

Fowler ended the discussion by saying he was in favor of changing the minimum size of any unit from 1,200 to 1,500 square feet and making the average 2,400 square feet instead of 1,800.

Building inspections to change

Until recently Belleair conducted its own building inspections, but that changed when Building Official Fred Hawes retired last April. Since then the town has been using Pinellas County building inspection services, also while checking to see if a new full-time building official would be required. It turns out it is not.

Stephan Massol, a management analyst for the town, unveiled some figures that convinced the Commissioners to change the way they do business.

Massol told the commissioners that a private company could be hired to provide building inspection services three days a week for $96,000 a year. That is compared with the services they had been getting from Pinellas County, which cost $110,000, or hiring a new building official at $124,000.

Commissioner Stephen Fowler wanted to make sure that the two days a week that weren’t covered weren’t Monday and Friday.

“We’re going to get some push-back from the construction industry,” he said. “If they have to wait a day to get inspections then it is going to cause a 40 percent delay in their projects. It is a burden on the construction industry. I would suggest asking for five hours a day, five days a week, which is only one hour more than is being proposed.”

Massol said he could explore that option but noted one company indicated they would only work for 8 hours a day, nothing less.

Town Manager Micah Maxwell said he didn’t think there would be a problem.

“After some initial pain I think the contractors will get used to it,” he said. “There is always the option that we could provide them inspections whenever they want, but they would have to pay for it.”

In the end the commissioners agreed that hiring a private company to do the inspections was the way to go.

A tree or a bush?

As work is due to begin transforming Hunter Park into Hunter Memorial Park and the planned fountain and structure to honor veterans, the idea that a particular tree in the park will have to be removed has raised the ire of at least one Belleair resident.

Nancy Hartshorne appeared before the commission and made a plea to save the rather large Podocarous tree in one corner of the park. The tree, once thought to be a shrub, is not native to Florida. In fact it grows mostly in the Southern Hemisphere, in Africa, Australia and New Zealand and parts of Asia. It can grow higher than 75 feet.

Hartshorne said the tree should not be destroyed.

“Not only do I like the tree,” she said, “but aesthetically it serves an important purpose. It secures the third point in the triangle that forms the park with the memorial to our veterans on one point and the magnificent live oak on the second point.

She asked the commissioners to take another look at allowing the tree to be removed.

“I ask you to take a long, slow look at this tree. Appreciate how many years it has grown with this town, prune it up, show some of that beautiful bark, give it some tender loving care and let it be.”

Resident Laura Lesieur agreed with Hartshorne and said she knows someone who will pay to have the tree pruned.

“I know a donor who will pay the cost of having that tree trimmed and expose that trunk which is very interesting looking,” she said. “If after that it doesn’t make it then we’ll have it removed and none of it will cost the town a cent.”

No decision on the fate of the tree was made at the meeting.

Osborne to be honored

Philanthropist John Osborne will be honored by the town, just how, hasn’t been decided yet.

Osborne, a longtime resident of Belleair, died two years ago and left the town nearly $4 million in his will. The money allowed the town to purchase the Belleview Biltmore Golf club.

For some time commissioners had been talking about honoring Osborne in some way and Maxwell brought forth some suggestions at the meeting.

They included naming the golf course clubhouse after him, naming a park after him, naming a town building after him, naming a street after him or naming a sports field after him.

After some discussion the commissioners seemed to reach a consensus on naming the east field in the recreation complex after him. Maxwell appeared to like that decision. However, he said, with planned changes to the field and nearby streets and parking lots there could be major changes in the area. He promised that at a meeting in April that a better-informed decision could be made as to what should be named after Osborne.
 
http://tbnweekly.com/pubs/belleair_bee/content_articles/021914_bee-03.txt 

Obituary: Santo “Sam” Casella

Former Belleair commissioner dies

Article published on Wednesday, Feb. 19, 2014





Photo courtesy of XIAOYUN CASELLA

Sam and Xiaoyun Casella at a recent dinner in Tampa.

BELLEAIR – Santo “Sam” Casella, 69, a former Belleair commissioner and deputy mayor for the town, died Feb. 18.

Casella was involved in public service throughout his adult life, serving on the Pinellas County Historic Preservation Board; the city of Tallahassee Mayor’s Forging the Future Committee, the South Ward Elementary School Parent Teacher Association and others.

At the time of his death, Casella was principal of The Planning Authority LLC in Belleair. Previously in his career he was planner-in-residence at Florida State University, principal of Casella & Associates, executive director of the Clearwater Downtown Development Board, and a planner in Charlotte, N.C.

Casella is survived by his wife, Xiaoyun Casella, whom he met in Beijing in 2005, and by his children, Chloe House, Sam H. Casella and Alex Casella.

“My life with Sam was full of joy, support, and encouragement. He was a great man and had a great sense of humor. Even during the last days of his life when he suffered unspeakable pain, he still made jokes and made me laugh,” said his widow, Xiaoyun Casella, in an email. “Part of me has gone with him while part of him has stayed with me. In my heart, he is and will be always with me until the end of my life.”

Casella served as the American Planning Association president from 1993 to 1995 and as president of APA’s professional institute, the American Institute of Certified Planners, from 2001 to 2003.

“He blended well his roles as practitioner, planner-in-residence at FSU, and leader within APA," said APA CEO Paul Farmer, in a news release. "He will be missed among our community of planners."

Casella was inducted into the College of Fellows of American Institute of Community Planners in the inaugural class of 1999. His nominators recognized him for “a major contribution to the practice of planning, particularly in the area of urban revitalization. ... Sam Casella epitomizes the practitioner who aspires to serve the public interest in every arena.”

Funeral services are March 9, 2 p.m., at Moss Feaster Funeral Home, 693 South Belcher Road, Clearwater. www.mossfeasterclearwater.com.
 

http://www.tampabay.com/news/localgovernment/belleair-commissioners-reverse-course-on-belleview-biltmore/2166218

February 18, 2014

Belleair commissioners to move up Belleview Biltmore discussion


BELLEAIR — Town commissioners on Tuesday evening unanimously voted to reverse an earlier decision to wait six months before discussing new zoning options for the Belleview Biltmore property.

Town staffers will bring back more information by April on new zoning categories a developer could apply for if he or she wanted to tear down the historic structure to build either condos or a mixed-use project that could incorporate a range of uses such as residential, restaurant, retail or hotel.

Current zoning on the Biltmore site allows only for a hotel or single-family homes.

2 Weeks Ago
Developers seek Belleair approval on Biltmore renovations

More than a Year ago
Many of the nearly 200 audience members applauded the commission's decision as well as a tentative proposal by St. Petersburg developer Mike Cheezem, who has a contract to buy the deteriorating hotel from Miami investors Raphael and Daniel Ades.

Cheezem told the audience that he currently envisions a mixed-use plan in which he would transform a portion of the 117-year-old Biltmore into a small boutique hotel that would operate alongside condos and townhomes.

Cheezem bluntly warned commissioners that the proposal would require demolishing the majority of the hotel. However, he said he plans to meet with residents and other stakeholders in coming months to gather input as he crafts specifics and hopes to find a "common ground" that satisfies everyone.

"I'm intrigued by what Mr. Cheezem has presented this evening," Commissioner Kevin Piccarreto said, noting the development mogul's track record of churning out successful projects. "He has presented something that can be accomplished with Belleair in mind and something that Belleair can be proud of."

The purchase and subsequent development would breathe new life and revenue into a town that leaders say has suffered since the Biltmore, known as the "White Queen of the Gulf," closed in 2009.

A large contingent of neighbors, former guests and admirers have been fighting for restoration of the structure, or at least preservation of a portion of it, but no one has come forward with the money to restore it.

The current owners have said the building is too far gone to be rehabilitated. An engineering consultant recently told the Tampa Bay Times that 25 percent of the former hotel would have to be demolished and a "significant portion" reinforced or repaired.

Vice Mayor Stephen Fowler last month made a motion to delay talks about a new zoning category that would allow condos or townhomes, saying Belleair's historic preservation code doesn't allow the Biltmore to be demolished to build something new.

Commissioners Mike Wilkinson and Tom Shelly supported the motion.

However, all three men said Tuesday that they were open to the idea of mixed use.

"I think we've got a great opportunity with mixed use," said Fowler.

"I think we need this flexibility in our land development code," Shelly said.

While Wilkinson echoed Mayor Gary Katica's statements that a full hotel restoration is preferred, he said Cheezem's proposal is a compromise. Even if the new zoning options pass, he noted, a preservationist could still come forward to purchase the hotel.

http://tbnweekly.com/pubs/belleair_bee/content_articles/021914_bee-01.txt

Belleair to reconsider Belleview Biltmore zoning

Belleair commission’s action may clear way for development of property


By BRIAN GOFF

Article published on Wednesday, Feb. 19, 2014




Photo by BRIAN GOFF

Developer Mike Cheezem addresses the Belleair Commission about his plans for developing the Belleview Biltmore property.

BELLEAIR – Belleair Town commissioners voted unanimously to reconsider an ordinance that delayed a zoning change for the Belleview Biltmore property for six months.

The decision, at the commission meeting on Feb. 18, came after a lengthy discussion regarding the sale of part of the hotel land and discussion over creating yet another new zoning option for the property.

Town Hall was packed to overflowing with many people having to stand in the foyer to hear what was going on. The majority of those in attendance were there to support the sale of just over 2 acres of the hotel property to the adjacent Belleair Country Club. Hotel preservationists were against the sale, saying it would make it harder for a prospective buyer to buy the property.

The issue of the sale of the 2.3 acres became the dividing line between those who are fighting to save the Belleview Biltmore and those who want to move on and have the land developed into townhouses and condominiums.

Ed Shaughnessy, the general manager of the Country Club, made an impassioned plea for the commissioners to allow the sale of the land parcel.

“We have been good neighbors to the town of Belleair,” he said. “We are the town’s biggest taxpayers. When you had to run pipes under our property for a project, we let it happen. When you needed an easement for widening Belleview Boulevard, we said yes. When you needed a staging area for the equipment doing the Druid Road project, we let you on our land.”

Shaughnessy said acquiring the 2.3 acres for a parking lot was important for the club’s survival.

“When people show up for golf or to eat and can’t find a place to park they will just go somewhere else,” he said. “The Country Club is not bullet proof. Whenever there is a downturn in the economy a golf club membership is the first thing to go. This club has been a good neighbor and we should not be collaterally damaged by events which have nothing to do with us.”

Shaughnessy was referring to the ongoing battle over the future of the hotel. Opponents to the sale were quick to respond.

One resident, Tom Museau noted that the club was using that land as a parking lot anyway.

“There is no urgency for approving the sale tonight. They have always been using the land so why sell it now. Don’t take action on this,” he said.

Resident Karman Hayes urged the commissioners to deny the request.

“What a shame that we have 20 acres of beautiful green space and we want to cover it up with concrete,” she said.

Tom Kurey, a member of the town’s Finance Board, was in favor of the sale.

“Let’s stop the insanity. How is 2.3 acres going to detract from whatever is going to happen on that site by a developer.

And, perhaps expressing a view shared by many was resident Don Newman.

“Enough is enough, you have addressed this issue enough,” he said.

In fact the issue wasn’t whether to allow the sale, but changing the ordinance to permit the sale to go through. The ordinance stated that the H district, where the hotel sits, must be 20 acres in size. The Commissioners voted 4-1 to change the size to 17.5 acres, allowing the hotel owners to sell the 2.3 acres to the Country Club. Commissioner Stephen Fowler was the lone negative vote.

Fowler said he was voting against it because by taking away 2.3 acres from the property eliminated a potential 34 building units, which could be a problem for a prospective buyer.

Commissioners Tom Shelly and Michael Wilkinson both said the issue was one of property rights, with private owners having the right to sell to a private buyer.

Commissioner Kevin Piccarreto said it was obvious to him that the majority of people favored the deal.

“Nothing has been said this evening which has shown the sale should be a detriment to the hotel property or to the town,” he said.

The next discussion centered on the creation of a new mixed use zoning district. The town’s planning consultant Dave Healy explained that the new designation would permit the construction of a hotel and residential units. He said the designation would allow a mixture of both plans, or one or the other. The proposed designation fit in perfectly with developer Mike Cheezem’s vision for what he wants to do with the property. He explained his plan to the commission. He said his plan was one, which should please all those involved in the debate.

“We would preserve a small portion of the hotel and make it part of a new boutique hotel,” he said. “We have spent the past few weeks doing due diligence and now we’re going to have a series of workshops involving the stakeholders. We will present our plan and in 45 days, if we have the support of the community, we will come back to the Commission for approval.

Cheezem said he wants to meet the needs of all parties involved in the debate and part of doing that would be to preserve some of the heritage of the hotel. But he injected a note of caution.

“Make no mistake; it does require the removal of the vast majority of the hotel. So commissioners tell me now if you approve of what we’re planning to do or we’ll step aside.”

RPD resident Jim White said it was apparent to him that it might be time for mediation to break the impasse in the ongoing debate over the hotel’s future.

“I don’t see a good solution if we all don’t work together,” he said. “It might be a good time for mediation. Perhaps this mixed use zoning designation might bring the parties together.”

Preservationist Rae Claire Johnson agreed.

“We welcome the chance to talk to Mr. Cheezem,” she said. “This town has been pitted against one another over this issue.”

Commissioner Michael Wilkinson agreed there should be some middle ground.

“We need to find compromise. I like Mr. Cheezem’s sense of community. If someone wants to come in and save the hotel, then they can.”

Mayor Gary Katica had the final word.

“This town has been split in half for as long as I have been on this Commission,” he said. “If the hotel could be saved then it would be great for the town; but with what we’ve heard tonight, isn’t that the way to go?”

Commissioners then approved unanimously a recommendation that staff proceed with developing the mixed use zoning designation. Then, moments later, they unanimously approved reconsideration of the RM-10 zoning designation, designed to pave the way for development of the hotel site. Initially a six-month delay of the RM-10 zoning threatened to derail development plans for the hotel property.

“We got something done tonight,” said Mayor Gary Katica.

http://www.tampabay.com/news/localgovernment/belleair-officials-will-rehear-biltmore-zoning-proposal/2164653

Friday, February 7, 2014
 

Belleair officials will rehear Biltmore zoning proposal

Town commissioners may not want to wait six months after all to determine what the zoning should be on the Belleview Biltmore hotel property.

At a meeting last week, commissioners decided they'll talk Feb. 18 about whether to reverse last month's 3-2 vote to delay six months before voting on rezoning the hotel property so a developer could tear down the historic structure and build housing there.

At the same meeting, they also will hear about the mixed-use zoning options that would allow St. Petersburg developer Mike Cheezem, who has a contract to buy the property, to preserve a portion of the 117-year-old hotel if he builds condos and townhomes there.

At last Tuesday's commission meeting, nearly everyone in the audience of about 100 stood up when asked if they support a proposed new zoning category, RM-10, which would allow 10 residential units per acre on the hotel site.

"Do your job," resident John Hail told commissioners. "Move forward. Your failure is costing us stakeholders, the citizens of Belleair, plenty."

Mayor Gary Katica agreed, saying commissioners last month "kicked the can and we didn't do a damn thing and it's costing the citizens of Belleair for another six months . . ."

Commissioner Stephen Fowler, who last month made the motion for the six-month delay, clarified that he made the motion "so that perhaps (Cheezem) can come forward with a better plan" that town officials could tweak if needed to
appeal to both residents and hotel preservationists.

"I didn't want to handcuff them with an RM-10, a potential zoning district that they would not be able to use," Fowler said. "Have them come back to us. They're big boys, they know what to do."

But Commissioner Kevin Piccarreto challenged Fowler's explanation, saying, "You cut (Cheezem) off at the knees" and tied commissioners' hands for half a year.

Piccarreto said that hours before Tuesday's meeting, Cheezem mentioned the possibility of building a mixed-use project that could involve saving part of the hotel. But, he said, Cheezem has "concerns" given last month's commission vote to stall consideration of the rezoning he needs to build on the property.

At one point in the meeting, resident Randy Ware claimed that Fowler admitted to him that the rezoning delay was just a tactic to stave off hotel demolition. And Katica said Fowler now appeared to be "tiptoeing through the tulips trying to backtrack."

Fowler denied the accusations and apologized if Cheezem misunderstood his intentions.

Ultimately, commissioners agreed Tuesday that there was no need to wait six months to consider options regarding the deteriorating hotel's future.

"I'm on board with definitely discussing (the options) and coming to a vote," Piccarreto said. "Let's be leaders like we were elected to be."

In order for the commission to reconsider the RM-10 zoning, one of the commissioners who voted for the delay will have to make a motion to reconsider it, and that motion will have to pass. If that happens, the zoning change would again come up for public hearings and commission votes, likely in March.

The property would have to be rezoned for mixed-use if Cheezem were to preserve part of the hotel and also build homes on the same site.

If commissioners decide Feb. 18 to also explore allowing mixed use on the hotel property, the town staff will draft an ordinance providing more detail and send it for votes to the planning and zoning board and commission, said Town Manager Micah Maxwell.

Even if the RM-10 and mixed-use options pass, officials said, a preservationist would still be able to approach the hotel's current owners, Raphael and Daniel Ades of Miami, about buying and

restoring it.

Also at last month's meeting, Fowler had called for an injunction to block the Ades brothers from selling to a developer who won't restore the hotel and to force the owners to perform repairs or routine maintenance to avoid what amounts to "demolition by neglect" under town law.

But in a discussion Tuesday about commissioners' legal options, Maxwell and Town Attorney David Ottinger recommended against seeking the injunction.

Attempting to block the Biltmore's sale, Ottinger said, would violate the owners' property rights. He also said pursuing repairs would saddle Belleair with the "significant cost" of hiring an architect to identify the specific fixes needed.

The Ades' attorney, Scott McLaren, said a previous Biltmore owner is responsible for hotel damages and he warned commissioners that legal action by the town could result in a costly countersuit.
 

http://tbnweekly.com/pubs/belleair_bee/content_articles/020514_bee-01.txt

Belleair revisits zoning for Biltmore land

By BRIAN GOFF
Article published on Wednesday, Feb. 5, 2014



The Belleair Town Hall is packed again as the Commission talks about the fate of the Belleview Biltmore hotel.

Photo by BRIAN GOFF

The Belleair Town Hall is packed again as the Commission talks about the fate of the Belleview Biltmore hotel.

BELLEAIR – Town commissioners are going to reconsider their earlier decision to delay action on a proposed new zoning category, clearly aimed at the property where the Belleview Biltmore Hotel now stands.

At a meeting Feb. 4, Belleair Commissioners agreed to bring the issue back for reconsideration after a large crowd, mainly supporters of the new zoning designation, urged them to do so.

The new zoning, RM-10, proposed would limit the number of housing units that could be built on an acre of land to 10. Currently RM-15 is the lowest density. Hotel preservationists see the zoning as giving developers an easier path to demolishing the hotel.

Once again the Town Hall was filled to capacity with people both for and against the issue. However, the early speakers were clearly in favor of the new zoning regulations and brought along supporters, most of them from the RPD Homeowner's Association. They displayed their numbers when speaker Tom Dupont asked all those in favor of reconsidering the new regulations to stand up. A vast majority of those in attendance stood.

Dupont, the head of the Belleview Island Homeowners Association, said the issue of the new zoning wasn’t about taxes or politics.

“This is about character,” he said. “This is about integrity, this is about vision, this is about mission, this is about community.”

Dupont said the hotel is not the heart and soul of Belleair as many have said. He said the heart and soul of the town is the Town Hall and the Dimmitt Community Center where the future is planned and where it is growing. He said the new zoning is about giving the town another option.

“It is about having an acceptable option for the 21 acres that are now surrounded by chain-link fencing, littered with trash, accented with rotting balconies, boarded up windows and collapsing roofs,” he said.

Planning and Zoning Board Member Randy Ware admonished the commissioners for delaying a decision on the zoning designation in the first place.

“I want to take this opportunity to remind you that as elected officials you cannot govern from a position of fear, nor can you govern through avoidance,” he said. “You did both on Jan. 2. You accomplished nothing, you wasted the time and efforts of the town staff not to mention the time and effort of your Planning and Zoning Board.”

Resident Karla Rettstatt urged reconsideration of the zoning designation because efforts to preserve the hotel have gone nowhere.

“Has this commission or a previous one ever stood in the way of the preservation of the hotel? No. The town officials have been very accommodating,” she said. “The town granted easements, variances, and tax incentives. We have waited patiently for over five years for Mr. Heisenbottle to purchase the hotel property. How much longer are you willing to wait?”

Not everyone was in favor of re-visiting the zoning issue. Rae Claire Johnson suggested that the hotel, if preserved, would bring more tax revenue then townhomes or condos and feared that the zoning change could have implications that might affect the entire town.

RPD resident Karmen Hayes answered critics who have wondered why Architect Richard Heisenbottle hasn’t come forward with any money.

“They say show us the money. Well, we haven’t seen any money from Cheezem the developer,” she said. “He wanted a six-month free look but he hasn’t put up any money. The commission always wants to see the money; I don’t see any money from him either.”

Hayes was referring to developer Mike Cheezem of JMC Communities who proposed to buy the hotel property and close on the deal in six months after he had time to be sure his plans could happen.

Several commissioners said they had spoken to Cheezem and said he shared his plans for the property with them. Those plans included saving a part of the hotel, but also building another hotel, a boutique hotel, on the property. To do that the property would have to be rezoned mixed use. That might be possible as two of the three commissioners who voted for the delay seemed prepared to change their vote.

Commissioner Michael Wilkinson said he had to answer several questions that people had been asking him since he voted for the delay.

“I have lived here for 20 years and I truly believe the hotel is what would be best for the town,” he said. “But how long do we have to wait for it, that’s what keeps me up at night. I would welcome discussion involving a mixed-use zoning. More residents seem to want to move on and I would be in favor of moving on. I don’t want to wait for six months.”

Commissioner Tom Shelly, who also voted for the delay, also seemed ready to reconsider.

“I’m OK with that. I’d like it added to the agenda,” he said.

The third commissioner who voted for the delay, Vice Mayor Stephen Fowler, eventually said he agreed with revisiting the issue at the next meeting, but not before having words with Commissioner Kevin Piccarreto, who accused Fowler of sending a bad message when, at the last meeting, he asked staff to see whether or not the town could legally pursue an injunction preventing prospective buyers from demolishing the hotel.

Fowler said he met with Cheezem and told him that all he wanted to do by delaying the RM-10 designation was give Cheezem some time to develop a plan for the property which the town could then act upon.

Piccarreto then remarked that it was the commissioners who should be setting the standard and saying how they wanted their town to look.

“Let’s have a vote on this and be the leaders we’ve been elected to be,” he said.

Commissioners agreed that at the next meeting on Feb. 18 there will be a resolution on reopening the RM-10 zoning issue and another item to discussion of a mixed-use zoning designation.

http://www.tampabay.com/news/localgovernment/north-pinellas-news-briefs-for-feb-2/2163690
 

North Pinellas news briefs for Feb. 2
Times staff Tampa Bay Times
Friday, January 31, 2014 5:44pm

Commissioners to hear more on hotel's injunction

In a followup to last month's contentious debate over whether to rezone the Belleview Biltmore hotel property, on Tuesday Belleair commissioners will discuss their attorney's legal opinion that Belleair has no grounds to seek an injunction blocking the former hotel's owners from selling to a developer who won't restore the landmark.

Commissioner Stephen Fowler had called for the injunction, saying such a sale would violate the town's historic preservation ordinance.

But Town Attorney Dave Ottinger wrote in a memo last week that "adequate protection" to preserve the hotel is already built into the ordinance's stringent demolition permitting process.

"Attempting to enjoin the sale of the hotel property would be a substantial violation of private property rights, which could be actionable against the town," he wrote.

Ottinger said he was still researching Fowler's request that Belleair file a demand that hotel owners perform repairs or routine maintenance on the hotel to avoid what essentially amounts to "demolition by neglect" under Belleair's ordinance.

Also on Tuesday's agenda, commissioners will hold the first of two votes to affirm Green Golf Partners' management lease for the Biltmore Golf Course.

Officials will also consider whether to allow golf carts on town streets.

The meeting will be held at 5:30 p.m. Tuesday in Town Hall, 901 Ponce de Leon Blvd.
 

http://tbo.com/pinellas-county/belleview-biltmores-future-restoration-or-demolition-20140126/

Belleview Biltmore’s future: Restoration or demolition?

BELLEAIR — Every time it rains, water drips into the empty rooms and hallways of what was once referred to as the White Queen of the Gulf, the Belleview Biltmore.

The water warps the wood floor and feeds the mold and mildew accumulating on the walls and fixtures once kept immaculate to please the dignitaries and celebrities who stayed there.

Aside from gradual wear and overgrowth on the property, which some are calling “demolition by neglect,” little has changed in the nearly five years since the old hotel closed.

Some say the 117-year-old building has outlived its use; even if someone were willing to pay for a $200 million rehab on the building it would not transform it into a viable accommodation. And demolishing and then redeveloping the site would stop the town from losing tax revenues due to declining property values in the surrounding area.

Others say the hotel’s importance goes beyond the nostalgia the historic structure brings, and that it can and should be repaired for the sake of the town of Belleair’s identity and economic vibrancy.

On Tuesday, the town commission postponed for six months a decision on a land-use change that would allow redevelopment of the hotel site with condominiums that have a density averaging 10 units per acre.

Some town officials are considering their legal options to keep the bulldozers away. Others think allowing the land-use change is an essential compromise because it could prevent denser development if someone were to redevelop the site. Yet the delayed decision doesn’t mean there won’t be any forward movement on the property if the owner wished.

“Someone could, in theory, bring forth an application to demolish,” Town Manager Micah Maxwell said. “All of the options that existed before now will still exist.”

With or without the new zoning, a developer who wants to make changes to the property would have to apply for a special certificate of appropriateness because the hotel is on the National Register of Historic Places.

The town historic preservation board would have to approve the plan. That would involve a public hearing likely to attract the ire of impassioned preservation advocates, who say the town is obligated legally to preserve the hotel, which many call the “heart and soul” of the Belleair.

In the meantime, the hotel property is under contract to be sold. Local developer Mike Cheezem, founder of JMC Communities, said he wants to purchase the property from its current owner, the Ades brothers, South Florida-based investors. Cheezem’s firm has developed such properties as the Sandpearl Resort on Clearwater Beach and Ovation, a towering condominium complex along the downtown St. Petersburg waterfront.

“Our hope was to really engage the community through a series of workshops and charrettes to come up with a plan that the community could get behind that would include redevelopment,” Cheezem said.

He added that if he were to redevelop the area, the aim would be to “find a way to help preserve the cultural heritage.” Cheezem has said he wouldn’t have made an offer on the property if he thought it could be economically viable as a revived hotel in the way that other historic Tampa Bay hotels are because condos have cropped up around it and the golf course is no longer part of the property.

“You don’t have the key ingredients there anymore,” he said. “You don’t have the destination amenities that attract people to places like this ... It’s not on the edge of a walkable downtown like the Vinoy, and it’s not on the beach like the Don (Cesar).”

Those who believe the hotel can come back to life say it can be transformed into a boutique hotel that in and of itself would be the main attraction, and that while it may not be directly on or across the street from the beach, it’s still just a short way away.

So far, the only known hope for saving the Belleview Biltmore rests with South Florida architect Rich Heisenbottle, but it may be a long shot. Heisenbottle has tried more than once to foot the bill for a renovation project at the Biltmore, but the recession foiled one attempt and an investor backed out at the last minute to halt another. He said he has an investor on deck now.

“There’s no question in my mind that this building is not in the state of deterioration where you can truly say that this building cannot be restored,” Heisenbottle said. “It definitely can be restored.”

Ed Armstrong, an attorney for the Ades brothers, has said the Biltmore’s owners aren’t interested in Heisenbottle’s proposal, given the number of times his offers have fallen through.

But the architect, who specializes in renovations of historic structures, said he’s seen similar dramas carry out over similarly iconic buildings across the state that end up going in favor of preservation. That, he said, gives him hope.

“None of those battles has been as important as the nature of this structure,” he said. “We need the cooperation of the town, and we need the cooperation of the seller.”
 

http://www.tampabay.com/news/localgovernment/what-will-happen-to-the-belleview-biltmore-no-one-seems-to-know/2162277


Wednesday online January 22, 2014  Keyonna Summers, Tampa Bay Times Staff Writer

There are many newspaper articles so it will take a minute or two to download them all.  

BELLEAIR — Uncertainty about the Belleview Biltmore hotel's future only grew Wednesday after Belleair commissioners voted Tuesday to delay for six months a rezoning decision that could have resulted in demolition of the historic landmark and redevelopment of the land. Hotel admirers have sought a preservationist to buy and restore the 400-room hotel, built in 1895 and closed in 2009. Since that hasn't happened, the town staff proposed a new zoning category that would let something other than a hotel or single-family homes be built where the Biltmore stands.

But in a 3-2 vote Tuesday, commissioners decided to wait, telling staffers to tweak the proposed ordinance. One commissioner also called for a lawsuit to block the hotel's Miami owners from trying to raze the structure, saying it would violate Belleair's historic preservation code.

Meanwhile, the owners' lawyer says it's unclear whether St. Petersburg developer Mike Cheezem, who has a contract to buy and replace the hotel with condos or townhomes after a six-month due diligence period, will pull out. "As we sit here at this moment, we don't know" what will happen, said attorney Ed Armstrong, who represents Biltmore owners Raphael and Daniel Ades. "It'll take some time to sort out all the options."

Tuesday's vote came after a contentious meeting that drew about 200 spectators. Most of the 40 speakers urged commissioners not to open the door to townhomes and condos. Several said the Biltmore's structurally sound foundation make it ripe for restoration.

"This is the heart and soul of Belleair. We have condos in Belleair and plenty of them," said resident Karmen Hayes.
Some speakers supported the rezoning, citing the hotel's deterioration and declining property values around it. Even if the Biltmore were restored, some speakers doubted it would be viable given the lack of a vibrant downtown and waterfront in mostly residential Belleair.

Added Planning and Zoning Board member Randy Ware, "This is not about whether the hotel can be preserved or restored. It's about how no one has stepped up to do it. … That property is no longer a treasure."
Cheezem was blunt: The Biltmore cannot be renovated. He said his team is ready to work with the community on a plan.

Some residents said they wanted the town to give Richard Heisenbottle, a Coral Gables architect and preservationist, time to obtain funding to purchase the property. They also said a second potential buyer is in the wings. However, Heisenbottle missed an Oct. 31 deadline to raise $200,000 in earnest money to buy the property. Mayor Gary Katica criticized Heisenbottle on Tuesday, saying he had "paraded all kinds of people in here," yet "we've seen zippo." Meanwhile, Katica said, Belleair has lost $4 million in taxes and utilities since the Biltmore closed.

Katica and Commissioner Kevin Piccarreto voted against the rezoning delay but were outnumbered.  Vice Mayor Stephen Fowler made the motion to delay, saying commissioners are sworn to uphold the historic preservation ordinance, which he said doesn't allow the Biltmore to be demolished to build something new.  "Our ordinance and law is very clear that we have to preserve the hotel. We really don't have an option," Fowler said Wednesday. Commissioners Tom Shelley and Mike Wilkinson supported the motion, citing concerns about height, unit size and density in the proposed ordinance.

Heisenbottle, who issued a news release ahead of Tuesday's meeting reaffirming his interest in the Biltmore, said his earlier offer fell through because a key investor backed out and he couldn't meet the Ades' 30-day closing request. However, he said his firm now has a "solid commitment" for the majority of funding. He estimates the total cost to buy and renovate the hotel, plus the nearby Biltmore Golf Club, is $200 million.  Yet he wouldn't reveal his main investor, saying "it would make everyone feel much more comfortable, I'm sure, but there are certain things that need to be kept confidential until certain aspects are signed and closed." He added that if Cheezem pulls out, "We would certainly like to continue our process and close ourselves."

http://tbnweekly.com/pubs/belleair_bee/content_articles/012214_bee-01.txt

Belleair delays Belleview Biltmore zoning

Belleair commissioners get earful at crowded meeting

by BRIAN GOFF

BELLEAIR – Belleair commissioners decided to delay a decision on creating a new zoning designation for six months. The decision to postpone the decision came after a three-hour meeting in a packed auditorium with 50 speakers having something to say about the hotel one way or the other.

At issue was creating a new RM-10 zoning designation. If approved it would have restricted the number of housing units to be built on an acre of land to 10. The new designation was designed specifically for the 22 acres occupied by the hotel, although two other parcels on land in town could also fall into that category. Those two parcels are already built out, leaving the Belleview Biltmore property as the only target for the new zoning regulation. In fact the current owners of the property have praised the new zoning proposal as something that would help develop the property.

Despite that Town Manager Micah Maxwell made it clear that the issue was about the zoning regulation and not the fate of the hotel and after each of the 50 speakers issued a verbal disclaimer.

“I remind you this conversation is about the new zoning regulation and not the fate of the hotel, which will be discussed at another time in a quasi-judicial hearing,” he said.

Time and time again he uttered the phrase, often to laughter from the 200 people in the hall.

The first person up to speak at the meeting was Jim White the president of the RPD Homeowners association. That group had already indicated its approval of the new zoning regulations, but White said there was some misunderstanding circulating around town.

“The RPD Homeowners did not endorse taking down the hotel.” He said. “We did endorse the RM-10 Zoning. The deteriorating property is causing concern among RPD residents and we just want something positive to happen.”

The residents have often spoken out about their property values dropping because of the unsightliness of the hotel. With the large crowd and the promise of many intending to speak, Mayor Gary Katica made it clear that the three-minute rule would be strictly enforced. He was tested early.

The second speaker, preservationist Rae Claire Johnson, stood and challenged the three-minute time limit, saying she was there to speak on behalf of several others who gave over their allotted time to her. She was told there was no such provision in the rules allowing that and was restricted to the three minutes. She wasn’t happy.

“This discussion is going to have an adverse effect on all residents of Belleair,” she said. “The town officials only talked to the residents of the RPD about what might happen on the property to the talk tonight is illegal. It is violating the ordinance that protects the hotel.”

Johnson received applause from a portion of the crowd when she finished, as did the next speaker, Lewis Dale, who spoke on the other side of the issue.

“For a decade I’ve heard both pro and con about saving the hotel,” he said. “I understand the attachment to the hotel but it is evident the cost of restoring it is beyond the capacity of any serious developer. There has been more than ample time for those who want to restore the hotel to come forward.”

Back and forth it went.

Resident Laurie Adams was against the new zoning regulation.

“Why are we even here?” she asked. “Help broker a deal between the owners and the preservationists to save the hotel. If we change the zoning, aren’t we saying we want condos at the expense of the hotel?”

Resident Randy Ware, a member of the Planning and Zoning Board, spoke for the change and against some of the things he heard during the debate.

“I find the suggestion that there was some improper influence exerted on the board or the commission reprehensible,” he said. “No one has actually stepped up to do anything with the hotel. Times have changed. It is no longer a waterfront property; it is not the heart and soul of this town. It is no longer a treasure. I encourage you to vote for the new zoning.”

Throughout the evening reference was often made to Richard Heisenbottle, the Miami-area architect who has said he wants to buy the hotel to save it. The attorney, representing the hotel owners, the Ades brothers of Miami, said Heisenbottle was no longer in play. Ed Armstrong told the crowd that Heisenbottle failed to meet his contractual obligation to the Ades brothers.

“Heisenbottle had years to do something. He made lots of promises, but no money,” he said. “He wanted extension after extension after extension. My clients were gracious and gave him the extensions even when he didn’t come up with the $200,000 deposit. Then in October, as a goodwill gesture, my client gave him another 30 days in exchange for a non-refundable deposit. Heisenbottle agreed and said, you have my word Daniel (Ades), you have my word.”

In response to that Commissioner Stephen Fowler read a letter from Heisenbottle to the commission. In it Heisenbottle expressed confidence that a new partner, Gary Rosenberg, would be able to help get the necessary financing. Heisenbottle said in the letter that he had been in touch with Daniel Ades about a deal but Ades insisted on a 30-day closing period, something Heisenbottle claimed was too difficult. He noted that the new buyer, JMC Communities, has been given six months to get their affairs in order.

The head of JMC, Mike Cheezem, was at the meeting and told the crowd that part of that six months would be taken up talking to residents and officials to make sure that what he intended to put on the property was suitable for all. He did say the hotel would have to go.

“I would not be here if I thought the hotel was viable,” he said.

Then it was time for the Commissioners to vote. Mayor Gary Katica reminded the crowd that it was not an easy decision.

“We want what is best for the town,” he said. “It would be best if the hotel was restored, but we are losing $800,000 a year in lost taxes and the people in the RPD have paid a toll in lost property values.”

Fowler, who had said he wasn’t comfortable with the new zoning proposal, indicated he wasn’t going to vote for it.

“Belleair is not broken,” he said. “We don’t need new laws to fix what we have. I think the town should pursue an injunction to prevent anyone who wants to buy the property to build townhouses on it from doing so.”

Then he proposed the motion delaying any decision on the new zoning for six months. Commissioner Michael Wilkinson seconded the motion and they were joined by Commissioner Tom Shelley in voting for the delay. Katica and Commissioner Kevin Piccarreto voted against the delay.

Following the meeting Cheezem, when asked what impact the delay would have on his plans to buy the hotel, said simply: “We’ll have to digest it and go from there.”

Armstrong said the decision would have little impact on his clients, the Ades brothers.

“They will continue to own the property,” he said. “The delay is not helping anyone.”

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2014/1/21/belleview_biltmore_h.html