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Letter to the editor

Petition seeks to gum up hotel plan

A proposed Belleair charter amendment might discourage the Belleview Biltmore's razing by making condo plans unfeasible.

By LORRI HELFAND
Published May 3, 2005

BELLEAIR - For almost two weeks, preservationists have been urging officials to step in and save the Belleview Biltmore Resort & Spa.

Now, they're taking legislative matters into their own hands.

Activists have been going door to door, collecting signatures to change the Belleair charter so that voters would have to approve any zoning change in the 2-square-mile town.

The resort's current owners, Belleview Biltmore Resort Ltd., filed an application to demolish the hotel April 21. The application came 10 days after a representative of DeBartolo Development, a company that planned to demolish the hotel last year, said it had the property under contract again.

The charter amendment wouldn't prevent the hotel from being razed. But Ken Weiss, a Treasure Island lawyer, said it might discourage developers from proceeding with demolition if they know it will be difficult to replace it with condos.

"They probably can be certain the citizens won't rezone it for multifamily housing. I think the incentives are significantly reduced," Weiss said.

Belleview Biltmore supporters need to collect at least 324 signatures, 10 percent of the town's 3,241 eligible voters, according to Florida statutes. Petitions also have to be notarized.

The majority of voters would then have to approve the amendment.

Preservationists are hoping to compile petitions by today's meeting.

Alan Zimmet, an attorney for several municipalities over the years, said the amendment might create legal challenges by infringing on developers' rights.

"The idea is that it's not supposed to be a popularity contest. Zoning should be based upon the relevant facts," Zimmet said.

While it may be uncommon to give citizen approval in these type of land use decisions, it's not unheard of.

Last year, the town of Surfside approved a charter amendment that requires citizen approval to increase density, intensity and building height above current maximums.

The push for a charter amendment is just one of dozens of efforts by those who fear the demise of the historic hotel.

They're congregating at local government meetings, marching in the streets with signs, selling "Save the Belleview Biltmore" T-shirts, writing to officials and e-mailing the president.

They're also in the process of making a $40-million offer to buy the hotel properties, preservationist Rae Claire Johnson said.

"We have the money to buy the hotel. All we need is for them to sit down at the table and sell it to us," she told about 70 supporters at a weekend rally at Panera Bread in Belleair Bluffs.

--Lorri Helfand can be reached at 445-4155 or at lorri@sptimes.com

IF YOU GO The Town of Belleair will hold a special meeting to discuss the Belleview Biltmore Resort & Spa at 5:30 p.m. today at Town Hall, 901 Ponce de Leon Blvd.

[Last modified May 3, 2005, 01:18:22]