FOR IMMEDIATE RELEASE

Contact info: Tierra Verde Next, www.tierraverdenext.org

Melanie Coleman Simon, TV Next spokesperson,

tierraverdenext@gmail.com;

727-458-8864

Raphael Perrino, Steering Committee chair,

astronomer49@yahoo.com;

703-307-5309

Tierra Verde residents ask court to overturn approval of 72-foot boat-rack towers on Pinellas Bayway

St. Petersburg ignored the County’s 50-foot height limit and let the developer use a hurricane-recovery law to bypass rules intended to protect the island community.

TIERRA VERDE, Fla. — June 9, 2026 — Tierra Verde Next, LLC, representing more than 1,000 residents of the Tierra Verde community, has filed a petition for writ of certiorari in the Sixth Judicial Circuit asking the court to quash the City of St. Petersburg’s approval of a major expansion of the Tierra Verde Marina at 100/128 Pinellas Bayway. The City’s Development Review Commission (DRC) approved the project on a narrow 4-3 vote following a nearly six-hour public hearing on May 6 at which an overflow crowd of residents urged denial.

The proposal by TV Investment Holdings LLC, the development arm of Greenleaf Capital, would add two 72-foot-tall open boat-rack storage towers—30 feet taller than the existing marina and longer than a football field. The proposal also calls for a restaurant with rooftop bar, a club pool, and additional retail and office space on a compact site bordered by single-family homes.

WHAT THE PETITION ARGUES

The City applied the wrong height limit. Pinellas County’s code caps building height in this commercial district at 50 feet. The approved towers stand at 72 feet—22 feet over the limit—yet no height variance was requested or granted.

The decision-making board has no power to rewrite the law. The petition argues the City’s DRC has no authority to declare a duly enacted Pinellas County ordinance void in order to substitute a height limit that no longer exists in the County code. The same County ordinance that limits the height for this parcel to 50 feet also created a County review committee that continues to meet today—proof that the ordinance is alive and in force.

A site-specific 42-foot cap was simply ignored. A parcel-specific condition dating to 1989 limits height on this very property to 42 feet, the height of the existing high and dry storage building. This restriction predates the recent state law erroneously used to assume a 75-foot height allowance. This cap was not addressed in the staff recommendation nor the DRC approval document.

The DRC made no compatibility finding. Despite extensive testimony that the industrial-use towers are incompatible with the island’s residential character, the Commission made no explanation as to how a near-doubling of height and a shift to large-scale, open-air industrial boat racks is compatible with a residential neighborhood.

The DRC left legitimate, documented hurricane safety and noise concerns unanswered. Serious concerns were raised regarding the impacts of windstorms and noise that the DRC left unresolved. Structural studies concluding that the boat warehouse design was unsafe in high winds were ignored. The DRC asked for a noise study after approval and ignored testimony that the marina currently is in daily violation of existing noise ordinances.

THIS MARINA EXPANSION PROJECT CANNOT STAND ON ITS OWN MERITS

Tierra Verde Next contends that the developer cheated both the community and the process by making invalid use of a hurricane-relief law, as well as invalid parking and noise claims. In addition, the DRC does not have the power to declare a county ordinance null and void.

At its core, this is a development that cannot meet the rules as written. Rather than earn approval through a variance process, the applicant:

• Abused a law meant to help storm victims. Greenleaf invoked Senate Bill 180, a hurricane-recovery measure enacted to help battered Florida communities rebuild, to wipe away the County’s voter-adopted 50-foot height limit. A state law built to protect people was used in a way it was never intended.

• Claimed parking credits it cannot earn. Tierra Verde Next contends the project leans on parking reductions and credits it is not entitled to claim, including a large credit for people bicycling to boats. The Commission agreed that nobody bikes to the marina, and the marina has never owned a bike rack, but approved the credits anyway. These credits mask the true demand for parking that an expanded marina would place on the surrounding residential neighborhood.

• Relied on erroneous studies. The petition asserts the developer’s noise analysis is fundamentally flawed—using incorrect measurement distances, ignoring the tunnel effect between facing towers, disregarding required peak-noise standards—and warns that, if built as approved, the facility would subject neighboring homes to constant noise in violation of applicable ordinances.

• Ignored a land-use plan duly approved by the County. The Tierra Verde Overlay, designed to preserve and protect the Tierra Verde community, is an enforceable part of the County’s comprehensive land use plan.

Tierra Verde Next argues the DRC’s approval rested on a series of unprincipled acts at the community’s expense. The group is asking the circuit court to quash the approval and require the project to be measured against height restrictions, noise ordinances, land-use planning, and hurricane safety regulations that actually apply.

Tierra Verde Next, LLC is a community organization representing more than 1,000 residents and stakeholders of Tierra Verde, Florida, dedicated to responsible development that respects the island’s residential character, safety, and quality of life.