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Shoppes on Sand Key zoned for commercial use
By LESTER R. DAILEY
Article published on Wednesday, July 23, 2008 |
CLEARWATER – To the delight of the many Sand Key residents present and to the dismay of the owner’s attorney, the City Council on July 17 confirmed its earlier decision to zone the Shoppes on Sand Key “Commercial.”
A 1986 lawsuit settlement had zoned the three-acre shopping center “Business,” a designation that is no longer used, for 20 years. But when the settlement expired last year, the property was left without any valid zoning designation.
“The law requires us to have zoning on the property, and that’s what we’re doing,” City Attorney Pam Akin told the council.
The D.A. Bennett Company, the Clearwater real estate group that owns the parcel, had requested “Tourist” zoning, which would have allowed it to build a 100-foot-tall hotel on the site. But the council on March 20 instead instructed city staffers to set the wheels in motion to zone the property “Commercial,” which will cap the height of any buildings at 50 feet.
Sand Key, viewed as a high-rise jungle by some outsiders, is considered a close-knit little community by its residents. And they are very protective of the Shoppes, the only shopping center on the island.
Although the Bennett Company says it has no plans to redevelop the property, even if “Tourist” zoning is granted, the residents are skeptical.
Following the March 20 decision to move toward “Commercial” zoning, Bennett’s attorneys filed a lawsuit in Circuit Court, seeking “Tourist” zoning. Clearwater attorney Michael Foley, representing the Bennett Company at the July 17 council meeting, urged the council to delay its decision until a judge rules on that suit.
“My client is asking you to hold back and let the appeal run its course,” Foley told the council. “There’s no reason to move forward now.”
He added that making a decision now appeared to be a legal tactic to strengthen the city’s hand in the litigation.
Richard Heiden, a Clearwater attorney not involved in the matter, agreed that the council should wait.
“This is a mistake,” Heiden said of moving forward. “This is a travesty. What you should do is wait … There will be no harm in waiting.”
He added that moving forward would invite further litigation, which would needlessly drain city resources in these times of tight budgets. But Akin replied that, regardless of what the city does, the Bennett Company will likely pursue further litigation if it loses in the Circuit Court. Besides, she added, the litigation won’t be very expensive.
“There’s no incremental cost to us because it is being handled by (Assistant City Attorney) Leslie Dougall-Sides and she’s a salaried employee,” Akin said.
Alan Zimmet, an attorney representing several Sand Key homeowners’ groups, urged the Council to proceed with the “Commercial” zoning, as did several Sand Key residents.
“The lawyers don’t live there; we live there,” Robert Carson, who lives across the street from the Shoppes, told the council. “Make a decision and stand behind it. If the Bennett Company goes to court, we’ll be there behind you.”
In the end, the council voted 4-1 to zone the property “Commercial.” Councilwoman Carlen Petersen, the sole dissenter in the March 20 decision to move toward “Commercial” zoning for the Shoppes, was again the lone dissenter.
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Article published on Wednesday, July 23, 2008
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