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Panel okays land use change for resort

Now, the City Council takes up changing the boundaries of a "density pool" that lets hotel developers add more rooms.

JENNIFER FARRELL
Published June 16, 2004

CLEARWATER - The Community Development Board on Tuesday unanimously recommended approving changes in land use regulations that would clear the way for a new luxury resort to replace the Clearwater Beach Hotel.

But City Council member Hoyt Hamilton is calling the changes shortsighted and said they don't go far enough.

On Thursday, the City Council will debate the amendments to the city's Comprehensive Plan and Beach By Design, Clearwater's blueprint for beach redevelopment. If approved, members would change the boundaries of a "density pool" that allows hotel developers to add more rooms to their projects.

The changes would take in 4.6 acres between the Gulf of Mexico and Mandalay Avenue from Baymont to Rockaway streets. The sprawling beachfront parcel is the planned home of a new $140-million resort and condominium project proposed by developers Mike Cheezem and David Mack.

On Tuesday, the board also recommended trimming the boundaries to exclude a site across the street, where Mack and Cheezem are developing Belle Harbor, a luxury high-rise condo project replacing Yacht Basin apartments.

City Council members have universally praised the resort proposal, hoping it will spark more redevelopment.

But on Monday, Hamilton told the council that expanding the density pool just to accommodate Mack and Cheezem is shortsighted.

"Why are we not looking at other areas that are potentially viable as well?" he said. "Why are we being so site-specific?"

Hamilton's family owns the Palm Pavilion Inn, a 30-unit hotel on Bay Esplanade.

Last year, he suggested the city make more sweeping changes to the properties eligible for the special density pool, such as stretching the pool's boundaries south to the Sand Key bridge and north to include his family's property. He said then that his family would need roughly 35 units out of the 600-unit pool to redevelop the Palm Pavilion Inn.

But by pushing for action on a matter that could benefit his family directly, Hamilton has risked accusations of conflict.

City Attorney Pam Akin has said he cannot participate in commission talks about potential changes to Beach By Design if the changes could benefit his family. Nor could Hamilton vote on proposed amendments, Akin has said.

On Tuesday, Hamilton said making the units available to more properties would encourage competition, and, in turn, spark redevelopment.

"This was nothing to try and get my family any of these units," he said.

In fact, Hamilton said, his family's property might not meet the specific criteria outlined in Beach By Design.

"Even my own family might not be able to qualify," he said.

Strapped with aging beach hotels and a stagnant redevelopment market, Clearwater city officials set up the 600-unit density pool three years ago. The city also tweaked its land use code and invested millions on streetscape improvements.

So far not a single resort project has broken ground.

Mack and Cheezem hope to get approval for the as-yet-unnamed project by January or February, then begin marketing and selling. The project is expected to take 31/2 years to build.

On Tuesday, Ed Armstrong, the Clearwater attorney representing Mack and Cheezem, said every other amendment made to Beach By Design has been specific to individual sites.

Mack and Cheezem's proposal, he said, would fulfill one of the plan's main goals.

"Specifically, a destination resort," he said. "Period. That's why they got the 600 bonus units."

Vice Mayor Frank Hibbard said he would be open at some point to expanding the density-pool boundaries further. But he supports making the proposed changes now because the state Department of Community Affairs also has to sign off on them. And the deadline for submitting changes to the state this year is looming this summer.

"If we don't do it now, we're going to miss our last opportunity for 2004," Hibbard said. "Down the road, if we want to do a more extensive amendment when we have the time, then I will most likely be in support of that."

The City Council is expected to vote on the matter Thursday during a 6 p.m. meeting at City Hall.

- Jennifer Farrell can be reached at 445-4160 or farrell@sptimes.com

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