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Belleair can't stop hotel demolition

Assuming the new owner applies to raze the historic Belleview Biltmore, the town's hands are tied. But there is leverage in approving new construction.

By LORRI HELFAND
Published April 13, 2005

	[Times photo: Scott Keeler]
	An ornate glass roof is one of the features that make the Belleview Biltmore Resort & Spa special. Rae Claire Johnson, who is spearheading a local effort to save the Biltmore, said the public needs to be proactive now. "They need to take it seriously. Once it's gone you can't repair the damage," Johnson said.

BELLEAIR - If owners of the Belleview Biltmore Resort & Spa want to demolish the historic hotel, there's nothing Belleair can do to stop them, officials and legal experts say.

"As long as they meet the technical requirements required to be submitted to procure a demolition permit, it's an administrative entitlement and the town does not have discretion to reject it," said Town Attorney Joel Tew.

The possibility of razing the Belleview Biltmore resurfaced this week after a development officer for DeBartolo Development, which planned to demolish the hotel last year, said his company has the property under contract again.

Last week, a Tampa construction contractor, Cross Construction Co., inquired about demolishing an unidentified commercial structure, town officials said.

No one has applied for a demolition permit for the resort as of Tuesday afternoon.

Alan Zimmet, who has served as attorney for several municipalities over the years, said developers usually have the upper hand when it comes to demolishing historic sites.

"Anybody that owns a building has a right to tear it down in most cases," Zimmet said.

Before demolition permits are issued, Belleair's town code requires a 30-day wait after applications are filed so applicants can meet with the town's historic preservation board. But the seven-member body serves chiefly in an advisory capacity and can only make recommendations to the town manager.

"I don't believe our advisory board has any measures in our current code to prevent anyone from demolishing it," said Town Manager Steve Cottrell.

David Hutcheson, chairman of the historic preservation board, said he has heard rumors for years about the Biltmore changing hands.

"You never know if something is going to come to fruition. Frankly, I don't get too distraught with the news until it's placed before me," Hutcheson said.

G. Michael Harris, a member of the historic preservation board, said the board has previously suggested proposals that would provide financial penalties for demolishing historic properties or incentives for maintaining them. But he said the commission was resistant to the ideas.

Commissioner Bonnie Ruggles, a commission adviser for the board, confirmed that incentives for protecting historic properties were discussed with the Town Commission, but none were acceptable to the commission at the time. The commission had concerns about infringing on individual property rights.

While the town has little power to fight demolition, preservationists aren't taking the news lying down. Rae Claire Johnson, who is spearheading a local effort to save the Biltmore, said the public needs to be proactive now.

"They need to take it seriously. Once it's gone you can't repair the damage," Johnson said.

Demolition permits require reviews from the Building Department, which makes sure that applications comply with town ordinances and building codes, and the parks superintendent, who verifies that the demolition will have little impact on trees within the site.

Applicants must also prove that waste materials from the site are disposed of properly and must provide a trash bin on the site before demolition commences. They must also obtain a permit to remove the bin's contents before demolition begins.

The parks superintendent, building official and town manager must all sign off on the permit.

Permits will become void if demolition is not started within six months of the date the permit is issued.

Project details were not available Tuesday. Company representatives, including Ed Kobel, president of DeBartolo's development arm, did not return messages.

Previous plans included hundreds of townhomes or condominiums. But, even if the hotel is demolished, the property and hotel golf courses on Indian Rocks Road would require zoning and land use changes before residential structures are built.

The hotel property's zoning designation is hotel and the golf course property's designation is golf course.

Zoning changes, decided on the town level, would be reviewed by the town's Planning and Zoning Board and voted on by the Town Commission, which holds a quasijudicial hearing.

The hotel property's current land use designation is commercial general, and the golf course's designation is recreation open space.

The commercial general classification allows almost any commercial use, including retail centers, office buildings and other hotels or motels.

Tim Johnson, a prominent Clearwater land use attorney who this month will ask Clearwater officials to raze a par-3 golf course for townhomes, said that unlike zoning issues, political leaders have significant leeway in debating land use changes.

In the Biltmore's case, changing the golf course could be a ticklish maneuver, he said.

"Given the politics, it would be extremely difficult ... although I don't even begin to profess that I know the facts," Johnson said.

Land use changes involve more regulatory review because they're legislative matters that alter the town's comprehensive plan. After changes to the plan are reviewed by the Planning and Zoning Board and voted on by the Town Commission, the amendments must also be reviewed by the Pinellas Planning Council, the Pinellas County Commission and the state Department of Community Affairs.

Proposed plan amendments also need to be submitted to the Southwest Florida Water Management District, the state Department of Environmental Protection and the Department of Transportation.

Times staff writers Aaron Sharockman and Christopher Ave contributed to this report. Lorri Helfand can be reached at 445-4155 or at lorri@sptimes.com

[Last modified April 13, 2005, 01:29:17]