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Bellair to consider preservation ordinance that might save Biltmore

By LORRI HELFAND
Published August 27, 2005

BELLEAIR - Town leaders will soon consider a historic preservation ordinance that could provide stronger protections for landmarks such as the Belleview Biltmore.

The ordinance would put teeth into the town's current preservation policy, which chiefly educates and advises property owners who are considering changes to historic properties.

The new ordinance could do more than that. If passed, it could give the town the authority to prevent destruction of historic properties such as the hotel.

It probably would include procedures for designating historic properties and reviewing requests to move, change or demolish those properties.

Town Attorney Nancy Stroud, who is drafting the historic preservation ordinance, said the Biltmore's owner would have to comply with the new policy. That has prompted an attorney for the owner to threaten legal action and accuse the town of changing the rules in midstream.

While the town has heard little about demolishing the hotel from the Biltmore's owner, Urdang & Associates, talk of litigation suggests that Urdang hasn't ruled out razing the landmark.

The controversy goes back at least to April 21, when Urdang filed an application to raze the hotel.

A month later, town leaders said Urdang's application was incomplete. So, on June 15, representatives of Urdang and DeBartolo Development met with Stroud, who handles Biltmore matters, and the town staff to discuss the development and demolition application process. At the meeting, Urdang said it intended to demolish the hotel and put sod in its place, Stroud said.

After that meeting, however, the town heard little from Urdang about plans to tear down the Biltmore, Stroud said.

On Aug. 2, Stroud asked the Town Commission for input on the proposed historic preservation ordinance. Stroud has told officials that Urdang would have to comply with the ordinance after its adoption because the company submitted an incomplete demolition application and had not begun the process for a development order, which is required for major projects.

She concurred with town leaders, who said existing town rules require an extensive review of the proposed demolition by officials and the public and that the town's comprehensive plan might not allow the hotel's destruction.

The existing rules protect the Biltmore, Stroud said, but she added that it would be better protected with an ordinance that has the details and procedures for preservation outlined.

Roger Schwenke, an attorney for Urdang & Associates whose office was informed about the Aug. 2 meeting by the town clerk, did not attend. He read an online news report about the meeting, and on Aug. 9, Schwenke sent a letter to Stroud threatening legal action if his client is forced to comply with a new preservation policy.

"We expect the town to proceed to act in accordance with applicable law, and that any future historic preservation ordinance would not be intended retroactively and discriminatorily to apply to our client's already filed application," Schwenke wrote. "I can assure you and the Town that any effort by the Town to do otherwise will subject the Town to significant liability."

In an Aug. 12 response, Stroud wrote that Schwenke knew where his client stood because she had explained the process during the preapplication meeting and in other correspondence and conversations.

"Threats of lawsuits notwithstanding, please be assured that we have and we will continue to advise the Town to act in accordance with the application law, even though you may disagree with our reading of the law," Stroud wrote.

More than 2,300 communities nationwide have historic preservation ordinances, said Stroud, who plans to present a draft of Belleair's new ordinance at the Town Commission meeting on Sept. 7.

Local historian Mike Sanders said he hopes the commission passes the ordinance as soon as possible, setting a precedent for other municipalities.

"You know, Clearwater, of this date, does not have one. Unless you have an ordinance, there is no protection for historic properties," Sanders said. "I know she's a noted historic preservation attorney throughout the state. I'm crossing my fingers the commissioners will pay heed to what she's telling them."

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

[Last modified August 27, 2005, 01:14:20]