The City of Clearwater denied the application of the owner of the Shoppes on Sand Key to zone the property to “T” tourist. Consequently, on April 17, 2008, the owner filed an appeal to the Sixth Judicial Circuit of Pinellas County. The City of Clearwater filed its response on June 6, 2008 to the appeal arguing the denial of the “T” zoning was legally correct. The Homeowner Associations for the Grande, Meridian and Landmark Towers filed to intervene as interested parties and submitted a brief in support of the City of Clearwater. A decision by the Circuit Court is expected within nine to twelve months (March 2009 – June 2009).
In response to this action, the residents are exploring several options. On April 25th, a meeting took place between legal counsel for the Marriott and Sheraton on Sand Key, legal counsel for SOS and SON and the liaisons for SOS and SON to explore possible options. In response, both hotels expressed a willingness to begin discussions and present preliminary drawings to the community regarding future hotel expansions. Once the plans are received, they will be made available to the community for input and feedback.
Running on a parallel track, the residents are considering the option of a referendum of the ordinance that allowed for a change to the City of Clearwater Comprehensive Plan permitting the increase in hotel room density should an agreement regarding future hotel expansion between the hotels and the residents prove unsuccessful. The following is a brief summary of the steps required to repeal the ordinance by referendum:
1. Petitions must be signed by 10% of the voters in the last election to repeal the ordinance and presented to the City within ninety days from the passing of the ordinance on its second reading. The second reading will take place after the State of Florida approves the ordinance which is expected sometime in July or August, 2008.
2. When the Petitions are certified by the City and deemed sufficient, the City Council may on its own initiative change or repeal the ordinance.
3. Should the City Council refuse to substantially change or repeal the ordinance, the City shall submit the ordinance to the voters for repeal in a city election not less than 90 days and not more than 150 days from the time the Petitions are deemed sufficient.
4. If a majority of the voters vote against the ordinance, it is considered repealed.
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