The Treasure Island City Commission is set to vote on ordinances that would grant special exemptions to certain developers, allowing increased building height and density beyond what 70% of residents have voted for in a referendum.

Residents, as voiced in the letters below, demand a comprehensive Master City Plan to guide development while preserving the city’s unique character, rather than offering preferential treatment to select developers. They support growth but insist it must respect the community’s aesthetic and cultural identity, urging the Commission to reject or table the ordinances until a thoughtful, citizen-informed plan is developed.

Letter #1: From Ken Weiss, sent to City Commissioners & City Manager

Ladies/Gentlemen, This letter is in response to Mr. Chris Downing’s email (reproduced below), which stated that members of the City Administration intentionally misrepresented the requirements of the proposed comprehensive plan to the LPA. They have repeatedly stated that the City is required to increase height and density to the maximum permitted by the Countywide Plan. As Whit Blanton, chairman of Forward Pinellas, and I have stated, that is absolutely untrue.

And the people representing that know it is false. Misrepresentation of known facts is fraud, plain and simple.

If members of the city administration or its officers or agents have engaged in fraudulent misrepresentations about this to the City, then they should be terminated if they haven’t resigned. I have written a letter to Mr. Sabatini [the City Attorney] regarding the fact that the City does not have to increase height and density to the maximum permitted by the Countywide Plan. I have yet to have a response.

Citizens will not tolerate misrepresentations and fraud committed in the name of development (or for that matter anything) by employees, officials, or representatives of the City government of Treasure Island. The citizens will take action, whether it be by ethics complaint or litigation, if the City does not require the LPA to hold another meeting with the explicit requirement of advising the LPA that no such requirement exists. Action will also be considered against agents, representatives, or individuals who represented the developer at issue and made such flagrantly false statements.

Commissioners should consider terminating any employee, representative, or agent who continues to misrepresent this issue.

Furthermore, while the City Attorney opined that the legislature prohibited referenda on height and density, I disagree. That statute is an unconstitutional retroactive implementation of a citizen’s right to petition the government. If the City decides to move forward with the proposed ordinances increasing height and density, the City will find itself in a 3- or 4-year court battle of citizens’ rights vs unrestricted development. Litigation is not in question. It is a certainty, as I have advised the Commission previously.

Finally, in the interests of compromise, the Commission could permit a non-binding referendum, which is clearly not prohibited under anyone’s interpretation of the statute. Such a non-binding referendum would assist the commissions in determining what the citizens’ preference is before making that decision. I have been doing this for almost 25 years, starting with the referendum implementation. There have been two referenda on this issue, both of which were voted on with 70% not in favor of increased heights and density. Those of us who supported that provision twenty years ago have now been joined by newer residents who moved to Treasure Island because of those restrictions and because TI is the only island without rows of tall buildings blocking the view and the sun.

I have been doing this long enough to know that there are scofflaws among the LPA and the commission who couldn't care less what the citizens think and are simply acting for the developers’ interests. They don’t care what the law is either They don’t care what the residents say. They just do what the developers tell them to do and what is in their self-interest. They are perfectly happy to have the taxpayers’ money fund litigation despite their disapproval of the City’s position.

Should the commission wish to proceed with this absolutely staggering unlawful proposed increases, prepare for litigation on every issue for the foreseeable future. It would be staggeringly disappointing (but not unexpected) if the Commission were to proceed.

Respectfully,

Kenneth L. Weiss, Esq.

Letter #2: Open Letter Re: Density and Height Increases

From Chris Downing, official member of the Treasure Island Local Planning Agency (LPA) and the Treasure Island Planning & Zoning Board (PNZ)

August 30, 2025

Subject: LPA Approval of Density and Height Increases

Dear Mayor and City Commissioners,

As you know, the LPA voted on August 21, 2025, to approve three ordinances that substantially increase commercial building density and height (Ordinances 2025-16, 17, and 20). As a member of this board, I voted no to two of the three ordinances. These ordinances are now before you for first reading on September 2, 2025.

Knowing what I now know, I strongly encourage you to table or vote no to all three ordinances to give the LPA another opportunity to review and make more informed recommendations. The LPA was misled by the city staff, the city attorney, and the representatives of the property applicants that the City of Treasure Island was required to adopt these ordinances in order to be consistent with and to match the Pinellas County Comprehensive Plan.

That requirement is simply not true.

The City of Treasure Island is allowed to implement land use development ordinances that are more restrictive than set forth in the Pinellas County Comprehensive Plan.

This is detailed in County Charter Section 2.04(s) as follows: “Countywide planning authority as provided by special law. In the event of a conflict between a county ordinance adopted pursuant to the county's countywide planning authority as provided by special law and a municipal ordinance, the county ordinance shall prevail over the municipal ordinance; however, a municipal ordinance shall prevail over a county ordinance in the event a municipal ordinance provides for a less intense land use or a lesser density land use within the corporate boundaries of the municipality than that provided by county ordinance.”

Additionally, height restrictions for any given zoning area in the City of Treasure Island are determined by the City of Treasure Island, not the County Comprehensive Plan.

My review of the role of Forward Pinellas - the planning agency for our county – confirms that the City of Treasure Island may adopt more restrictive standards. As stated on the Forward Pinellas website, local governments can adopt more restrictive standards for the Countywide Plan land use categories, but not more lenient standards. Perhaps the right answer for Treasure Island is somewhere in between what we currently allow and what the maximum allowance is under the County Plan.

The City of Treasure Island needs to develop a Master City Plan to ensure appropriate growth particularly in our commercial beachfront and downtown areas. Decisions on increased density and increased height to improve land development and economic growth should not be done by simply allowing the county maximums or by zoning applications of individual property owners and developers. We need a Master City Plan.

Again, I strongly encourage you to table or vote no to the three ordinances before you, and to make a motion to have a Master City Plan developed with all due speed and input from the citizens of Treasure Island. Only then, can the LPA make informed recommendations to this commission. I believe this can be done in the few months if the city engages a professional city planner.

Respectfully submitted, Chris Downing, P.E. Treasure Island Planning & Zoning Board and LPA Member