SONA Consulting - Letter regarding Accessory use determination, Sand Key Hotel and Restaurant Site
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SONA Coosultioe
P.O. Box 16277 Tampa, Florida 33687
telephone and fax: 813-988-9723
Mr. Todd Pressman
Pressman & Associates, Inc.
28870 U.S. Highway 19 N., Ste. 300
Clearwater, FL 33761
August 15, 2008
Re: Accessory use determination, Sand Key Hotel and Restaurant Site
Dear Mr. Pressman:
I have reviewed the information you provided relative to a proposed 38-room hotel and
125 seat, 4,500 square foot sit-down restaurant on a site located in Sand Key, Clearwater.
You have questioned the validity of a staff determination that said restaurant constitutes
an "accessory use" to the hotel.
As you have indicated, the City Code defines Accessory uses as follows:
1) is subordinate to and serves a principal use; .
2) is subordinate in area, extent, and purpose to the principal use served;
3) contributes to the comfort, convenience or necessities of the users or occupants of
the principal use; and
4) is located on the same lot as the principal use.
You have also indicated that the subject restaurant will be available to and will serve the
general public. Further, the restaurant will be targeted in part to guests in a much larger
hotel that is owned by the same entity but is located in a separate jurisdiction. In my -
view, these two factors, in concert with the proposed size of the restaurant relative to its
accompanying hotel, wholly undermine the validity of a determination that the restaurant
constitutes an accessory use.
The proposed restaurant use is not subordinate. nor does it exclusively serve the
'principal use" (hotel) of the site. By admission of the applicant, the restaurant will serve
the general public, and clearly a 38-room hotel cannot exclusively support a restaurant of
the proposed size. Relative to the size and nature of the uses, both represent principal site
uses by all commonly accepted principles of the planning profession.
While the size of the restaurant is significantly smaller than the hotel use. its purpose is
not subordinate to the hotel. Clearly, the proposed restaurant is to serve a much broader
clientele than just the guests of a 38-room hotel.
The restaurant will contribute to the comfort and convenience of hotel guests. However,
it will not function principally for that purpose. If this was a resort setting in a relatively
isolated location lacking a broad array of otherwise available goods and services, the
restaurant might be exclusively or at least principally tied to the adjacent hotel use.
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Steven H. Allison, AICP
Professional Experience
President, SONA Consulting - Owner of a sole proprietorship land use consulting
business. Represent clients in zoning and land use changes, other regulatory
and permitting issues, and eminent domain planning analyses. Certified to
perform expert witness testimony. Clientele includes both private and public
sector entities. (July 2001 - present)
Vice President, Land Planning; Engelhardt, Hammer & Associates, Inc., Tampa,
Florida - Responsible for rezoning studies, comprehensive plan studies,
eminent domain projects, plan amendments, corridor planning studies,
Developments of Regional Impact, site feasibility projects and similar land
planning activities for public and private sector clients. (January, 2000 - June,
2001)
Zoning Manager, Hillsborough County, Tampa, Florida - Supervised professional
planning staff that review proposals and prepare reports for rezoning
applications, zoning modifications, and Developments of Regional Impact.
Responsible for the presentation of planning reports and recommendations in
televised public hearings before the Zoning Hearing Master and Board of
County Commissioners. (July, 1999 - January, 2000)
Executive Planner, Hillsborough County Planning and Development
Management Department, Tampa, Florida - Performed multiple highly
responsible planning tasks for the land use/policy planning entity for
unincorporated Hillsborough County. Specific responsibilities included review
and recommendations on land development applications, the authorship and
coordination of changes and updates to the Land Development Code,
development of growth management strategies, presentation of planning
reports and recommendations to the Board of County Commissioners, Zoning
Hearing Master, citizen committees, neighborhood and civic organizations.
Supervised a staff of twelve professional and technical employees. (Senior
Planner, 1988 - 1989, Principal Planner 1989 - 1992 and Executive Planner
1992 - 1999)
City Planner, Department of Planning and Economic Development, Shawnee,
Kansas - Responsible for the planning function for Shawnee, a high-growth
city of 35,000 in the metropolitan Kansas City area. Wrote and presented
reports on all land development applications including rezoning, special use
permits, plats and site plans. Authored an update to the City's
comprehensive plan, a downtown revitalization plan, and numerous other
special area plans and reports. Coordinated ordinance changes and planning
policy development. Provided supervision to planning staff. (1984 -1988)
Urban Planner, Department of Planning and Transportation, Galveston, Texas -
Responsible for the preparation and presentation of a variety of current and
advance planning projects to the Planning Commission and City Council.
Specific responsibilities included: staff representative to the Historic District
Board, Hazardous Materials Committee and Seawall Beautification
Committee; capital improvements planning, neighborhood planning, zoning
administration, budget preparation and various special projects. (1982 -
1983)
Assistant Planner, Lawrence-Douglas County Planning Office, Lawrence,
Kansas - Provide general planning assistance one year prior to and
throughout graduate school, principally in the areas of neighborhood and
downtown planning. Work included land use surveys, housing/building
surveys, statistical analyses, and graphics. Authored a neighborhood plan
and contributed to numerous other office publications. (1978 -1982)
Education
Master of Urban Planning, (Land Use and Policy Planning), University of Kansas, 1981
Bachelor of Social Welfare, (Community Development), University of Kansas, 1975
Professional Affiliations
Member, American Institute of Certified Planners
Member, American Planning Association
Member, Florida Chapter of American Planning Association
Member, Honor Society of Phi Kappa Phi
Past President, Graduate Students in Urban Planning, University of Kansas
Past President, Pizzo Elementary PT A