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Treasure Island is rushing to change regulations that prompted a controversial referendum. But some residents cry foul.
By KATHY SAUNDERS
© St. Petersburg Times, published September 29, 2002
TREASURE ISLAND -- Five weeks from a referendum that could freeze development here, the race is on to change the land use laws.
The city has scheduled four public meetings -- with a final vote set Oct. 22 -- to discuss and ostensibly approve a variation of the height and density increases that inspired the Nov. 5 referendum.
The Planning and Zoning Board has reworked these recommendations for commissioners' consideration:
-- Allowing 5-foot height increases on all city buildings, including residences.
-- Allowing hotels and motels up to 100 feet tall in the commercial district along the beach as long as "development agreements" are signed between the city and the developers.
-- Restricting the height increases for hotels and density averaging to the northern half of the island, from 104th Avenue to the John's Pass Bridge. Density averaging allows developers with at least an acre of property to take their allotted units from the east side of Gulf Boulevard and use them to build larger buildings on the beachfront.
The last recommendation removes Sunset Beach, whose neighbors, fearful of high-rise hotels on their beachfront, gathered the necessary petition signatures and forced the referendum.
But two neighbors from Sunshine Beach, at the city's northern end, object to the commission taking any action before the general election.
"I consider that a violation of trust," said Ruth Pignatello of Lagoon Lane.
Her neighbor, Ken Sams, said the commission's action "is just wrong. The point is we already called for a vote, and if you do anything else before that vote, you're slapping all the voters in the face."
Commissioners said they are considering the recommendations out of respect for the members of the planning board who spent months reviewing the land use rules.
Sid Rice, whose family owns 10 acres on the northern tip of the island, urged commissioners to pass new guidelines before the voters approve something that could tie the hands of future commissioners.
"All we're trying to do is improve our lives and the property we have and make it something for all of Treasure Island residents to enjoy," he said.
Other residents who addressed commissioners last week said they want the city attorney to research the constitutionality of the ballot question.
City Attorney James Denhardt said he thinks the matter could ultimately end up in court.
The ordinance will be approved by a majority of the ballots cast at the polls on Nov. 5, Denhardt said, meaning it will take only one more vote in favor of the referendum than against it to make it law.
Then, any future changes in the land use regulations that would allow an increase in the number of units (density) or an increase in allowable height would require the approval of half of the city's registered voters. That's a higher threshold than the authors of the petition realized. It's also more voters than have ever turned out to cast ballots in a city election.
Because of those two different standards, Denhardt said he has "very serious reservations . . . this ordinance would be upheld," he said. "There are several things here that certainly could be subject to judicial review."
The commission's schedule is: workshops Tuesday and Oct. 15, regular meetings Oct. 8 and 22. All meetings are 7 p.m. at City Hall, 120 108th Ave.