BRADENTON BEACH – City commissioners denied an application for a temporary use paid parking lot at 2509 Gulf Drive N. at their April 4 meeting.
The application, which stated the property was in an R-2 (residential) zone, was submitted by Rick Munroe, of Sarasota-based Palm Parking, on behalf of property owner Mark Toomey for a 19-space paid parking facility.
“We feel we’re providing a service for short-term accommodations,” Munroe said. “We’re asking for a 24-hour operation.”
“We have nothing that has been presented by FDOT (Florida Department of Transportation), FDEP (Florida Department of Environmental Protection), SWFWMD (South Florida Water Management District)” – the state agencies that conduct review processes on such proposals, Mayor John Chappie said.
According to building official Darin Cushing, a site plan was not presented with the application.
“We need more documentation, a parking plan,” Cushing said. “We need a better idea of what the full plan is.”
Toomey said the site plan had been submitted with the application.
“I delivered the site plan myself. I don’t know how that piece of paper didn’t arrive. There’s two site plans on there,” Toomey said.
Toomey said he attempted to have a home built on that property four years ago and it was denied by the commission.
“The option is to have an additional 19 spaces here,” Toomey said. “Coquina Beach is full every day. We’re giving people an additional option. If I could have a permanent permit, I would do so. If that doesn’t work, I’ll have to sell it to one of the developers on the island.”
A copy of the site plan was then presented to commissioners at the meeting.
“I’m not sure how it wasn’t included in the package,” Cushing said. “I don’t know if we can consider it (the application) without the other agencies.”
“There’s a procedural component to offer the applicant the opportunity to continue this to the next commission meeting so the commission can review the site plan,” City Attorney Ricinda Perry said. “The site plan for whatever reason didn’t make it into the packet, they’re entitled to have that reviewed by the commission. The proper step is to ask if they would like to continue this to the next meeting so the commission can receive and review the site plan or are they prepared to move forward and allow the commission to make their decision tonight?”
At that point, Toomey stated the property was in C-2 (commercial) zone, despite the application indicating it was in an R-2 (residential) zone.
“On your application, it clearly says R-2,” Chappie said. “What is your decision? Do you want us to proceed with the process here? Or have the opportunity to come back so we have a full packet?”
“You have the full packet,” Toomey said. “The site plan magically disappeared out of the application so I don’t think in two or four weeks you’re going to change your mind.”
“We’re not here to argue, we want to be sure it’s a clean presentation and have a key component of your application,” Chappie said.
“I don’t think we’ll be submitting any further paperwork with regard to the parking,” Toomey said.
Cushing characterized the site plan as a diagram showing spaces as they fit into the lot, without showing dimensions. He said the document did not show emergency vehicular access, ingress and egress, or a drainage plan. There was one handicapped-accessible parking spot shown.
Several people spoke during the public comment session of the meeting.
“We need a moratorium on paid parking because you’re going to set a precedent and wind up in litigation. If you give it to George you have to give it to John, and so on and so forth,” Bradenton Beach property owner Bob Bolus said, also asking the city to govern parking fees.
“I think it’s clear the applicant doesn’t have his ducks in a row until those other agencies are approached,” John Lutz said.
“There was a public comment stating the city is inviting litigation by issuing temporary use permits,” Perry said. “This does not invite litigation. Every single application is considered on an individual basis on the characteristics of the surrounding properties, the testimony from the public, the location. Everything is a specific decision. There is no precedent set approving one location and denying another.”
She also noted there is a Florida statute that preempts the ability of cities to regulate what anyone can charge for parking.
“You will have to make the decision based on testimony you received today,” Perry advised the commission.
“We don’t have information from FDEP, FDOT or SWFWMD,” Chappie said. “The site plan doesn’t provide adequate information to make a clear judgment.”
The applicant left the chambers prior to the commission vote in which commissioners Jan Vosburgh, Marilyn Maro and Deborah Scaccianoce along with Mayor Chappie unanimously voted to deny the application.
