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Biltmore owner raises land use stakes
By HARLAN WEIKLE
Article published on Wednesday, Aug. 22, 2007 |
BELLEAIR – Laura Dedenbach of the Easley Group, acting in her capacity as consultant to the Town Commission was on hand Tuesday night to address aspects of the 2008 comprehensive plan ordinance when her role suddenly became as much that of an arbiter as consultant.
Also on hand to address specific language in the proposed ordinance were representatives of Legg Mason Real Estate Investment, the new owners of the Belleview Biltmore. In attendance were architect Richard Heisenbottle of Coral Gables; attorneys George Rahdert and Tom Reynolds of the St. Petersburg firm Rahdert, Steele, Bole and Reynolds; and Cynthia Tarapani of Florida Design Consultants in New Port Richey.
The five were there to build a case for altering select language in the ordinance characterizing the proprietary use of land within the provisions for open space under the town’s comprehensive plan.
The first exception the group called for was a change to the ordinance concerning setbacks. The proposed law as stated proposes that all building edges should maintain a setback minimum of 25 feet from any right of way. Reynolds suggested that the wording should be any “public” right of way, accenting the numerous private driveways and walkways on Biltmore property.
The commission turned to Dedenbach who suggested that the proposed language change was within the bounds of acceptable intent.
The second exception, “minimum acreage” subject to alteration under historic protection provisions of the law, generated more of a stir. The Biltmore would like to have the minimum revised upward to 2 acres; the reason suggested by Reynolds, anything less than 2 acres imposed too strict a limit for any future minor changes that might become necessary.
Heisenbottle then took the podium building on Reynolds’s statement that it was not the intention of the Biltmore owners to, “subdivide the property willy-nilly.”
“In any consideration of such law we’ve found that there is likely to be a second consequence, the law of unintended consequences,” said Reynolds.
As an example he pointed to the construction of a proposed underground parking facility, which he said likely will require the purchase of less than a 2 acre “sliver” of land from an adjoining property.
Heisenbottle suggested that if the owners are required to come back to the commission each time a similar situation requires a ruling by the town it would encumber the process, perhaps even rendering it impracticable.
“Stephen,” he said, addressing Commissioner Fowler, “we wouldn’t be able to build that underground garage.”
Dedenbach suggested that the 2-acre change, although potentially less in keeping with the original intent of the ordinance, might at least warrant further study, adding, “We have to be very careful before we make a commitment like that. We need time to consider.”
It was however the third proposal by Biltmore representatives that generated the most attention and dominated discussion. Unveiling a report drafted by Tarapani, the petitioners aimed their sights directly at the heart of Belleair’s sovereign open space. As if to emphasize the issue Tarapani drew on comparisons of the ratio of open space to population garnered from other jurisdictions.
Citing the numbers, Belleair currently mandates that using both public and privately held open space combined, the township maintains a standard of 95 acres of open space for every 1,000 population. By comparison, Tarapani’s report lists Clearwater’s ratio as 4 acres per 1,000; Pinellas County, 9 acres but proposing 14; and Pasco, 11 acres per 1,000.
The notable difference is that Belleair, being both part and parcel of substantial privately held open space, rolls the private acreage into the community’s number.
Tarapani’s report also included a figure quoted from the “National Recreational and Park Association Standards” of The United States, 10 acres.
Calling the inclusion of privately held land exceptional, Heisenbottle said, “To say to private owners you can’t change one inch of open space (on private land) to any other use is onerous.”
He added, “We would urge you to take the private lands out of this and take a long look at the 95 acre requirement.”
Dedenbach however stuck to her guns and maintaining a clear line of sight regarding her mandate as a town consultant, reminded the commission that the open space to population figures Tarapani gave represented averages only, not specific ratios both higher and lower. She concluded her comments by suggesting that all parties “get together and work on these issues.”
Correction:
Changed 'Reynolds said' to 'Heisenbottle said' in the sentence: Calling the inclusion of privately held land exceptional, Heisenbottle said, “To say to private owners you can’t change one inch of open space (on private land) to any other use is onerous.”
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Article published on Wednesday, Aug. 22, 2007
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