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Lawsuit targets beach project

A lawsuit filed by two Clearwater women says officials sidestepped city rules in approving parts of Beach Walk.

By AARON SHAROCKMAN
Published June 30, 2005

CLEARWATER - Two Clearwater residents say lawmakers skirted city rules in approving parts of the $16.2-million Beach Walk plan, keeping the public out of the loop.

A lawsuit filed by the two women seeking to halt construction states that voters needed to alter the city charter to approve the makeover of S Gulfview Boulevard into a winding, lush promenade because it gives up waterfront land to private developers.

The City Council approved the plan without a referendum.

The suit, filed in Pinellas-Pasco Circuit Court, could derail the city's grandiose plan to re-energize its main tourist roadway with plazas, fountains and elaborate walkways.

The suit could also jeopardize two planned S Gulfview resorts, which would use the public land to help build their lavish hotels, one a Hyatt.

Anne Garris and Suzanne Boschen's allegations could push back Clearwater's beach redevelopment plan by years.

"Whatever you want to do on private land is fine," Boschen said. "I want that Hyatt there. I want it so bad I can taste it. But you have to do it legally. You've got to play by the rules. You cannot take over a public place and call it your own. The charter says you can't do it."

The city has been faced with legal challenges on major beach projects twice before, including by Boschen herself. In those cases, which dealt with the new Clearwater Memorial Causeway and the Clearwater Beach roundabout, the city prevailed.

Assistant City Attorney Paul Richard Hull said those decisions, which were upheld by the Florida Supreme Court, dealt with facts similar to those in the Beach Walk case.

The Beach Walk and Hyatt developments also comport with Beach by Design, the city's redevelopment plan, which is consistent with the city's land planning requirements and was adopted for public benefit, says the developer of the 250-room Hyatt, Neil Rauenhorst, president of NJR Development.

And the public access to the beach will be improved by the time the redevelopment is complete, the developer said.

Richard Fee, the attorney representing Boschen and Garris, said the situation is not that simple.

As part of the deal with the developers building the S Gulfview Hyatt, the city agreed to vacate a portion of Third Street, a east-west road between Coronado Drive and S Gulfview. Developers own the land on either side of Third Street and planned to use the vacated street to consolidate their holdings.

The city charter, however, says no right of way that "provides access to the water's edge" can be vacated for "private benefit." The city, in its response, says no road was vacated for private benefit.

Rauenhorst said Third Street is being relocated 120 feet north to the yet-to-be built Second Street.

"It's not a loss of streets; it's a relocation of streets to accommodate Beach Walk, which is the city's plan," he said.

Boschen and Garris also believe that a license agreement for Hyatt to operate a beach concession facility on city recreation space might violate charter requirements, along with an agreement for Hyatt to rent beach chairs and umbrellas along the stretch of beach parallel to the property.

The charter says no recreation land can be sold, donated or leased for new use.

"I think it is unquestionably a violation of the charter," said Fee. "I don't think it's close."

Hull said a court hearing probably won't happen until July at the earliest. There are two cases affecting the development: Boschen and Garris' lawsuit and a lawsuit the city filed to validate $15-million in bonds to pay for the improvements.

The city hopes to consolidate the cases into one action.

"I can't legally say that having the bonds validated would completely eliminate the other case," Hull said. "But it looks like it would."

Garris and Boschen say they're not against the redevelopment of the beach, as long as it does not infringe upon the historical expectations of public access. They believe that the Hyatt project and its part in Beach Walk cross that line. Dr. Kiran Patel's 350-room resort could also be affected by the residents' suit.

"I am appalled about the way the rights of the citizens of Clearwater are being abused," Garris said.

Rauenhorst said his project would include a 400-car public parking garage and beachgoers would be able to use his private property to reach the public beach.

"When Beach Walk is completed, the public access and public nature of the beach will be equivalently the same as it is today," Rauenhorst said. "But it will have a beautiful new half-mile section of redeveloped beach with a pedestrian promenade, jogging and bicycle paths and gorgeous landscaping.

"That sounds to me like a significant public improvement."

[Last modified June 30, 2005, 00:59:15]