BRADENTON BEACH – A proposed plan to beautify trash can bins along Bridge Street may include a decorative representation of the landmark clocktower on the city pier.
At a May 3 Bradenton Beach Community Redevelopment Agency (CRA) meeting, City Attorney Ricinda Perry said, “We’ve had this discussion a number of times. It’s become cumbersome and expensive to say the very least. The quotes I’ve been getting have been over $500 per trash can and they’re nothing special, they’re very basic.”
Perry then said she met someone who has a small business on the Island that uses marine-grade steel to create decorative art.
“I took the graphic (of the clocktower) that we tried to do the bike racks on and I sent it to her and asked to give me an idea of what it’s going to look like and she made me one,” Perry said.
Perry displayed the 12-inch metal cut-out of the proposed decorative enhancement to the trash bins.
“This will be $80 apiece. So, I thought you could take the white trash can and put something like this on there,” she said. “We have a black and white theme; you could even get them powder-coated black. I think it would really dress it up.”
Board member David Bell expressed approval of the design.
“It’s really clean…that’s awesome,” Bell said.
To avoid theft of the cut-outs, board member Jake Spooner suggested screwing them into the trash cans and gluing them.
“I could see people wanting to take those as a souvenir to go home with,” Spooner said.
Mayor John Chappie said since the bins are painted each year, they would have to be screwed in but said Public Works Director Tom Woodard could figure something out for security.
“Where would we install trash cans, and how many?” Perry asked the board.
“I would suggest we work with Tom and the merchants,” Chappie said.
The currently-used wooden trash bin containers are constructed and maintained by Public Works.
“We will be asking for funding to pay for the trash cans and get the decorative touch on it,” Perry said.
“How many do you want? How big do you want them? Where do you want them to go? Do you want the backs open or closed?” Woodard asked the board.
Chappie said he would work with Woodard as to location and materials.
“I want to make it less work for our guys and make it cleaner and easier for them to handle,” Chappie said.
Prior to voting on approval, the cost was discussed.
“Price of wood is going up,” Woodard said. “I’m guessing $500 or maybe less for one. It’s a guess.”
“I’m just saying $10,000 to stay with a number,” Chappie said. “It could change with more understanding of the overall budget. $7,000? $5,000? We have to start someplace. If we run out of money, we’ll come back.”
City Treasurer Shayne Thompson said,” The funds we’re using is the cost we’re saving in undergrounding. So, the finish line for that dictates all the other little pet projects.”
“We have $10,000 in that overage for the undergrounding,” Perry said. “We can afford these trash cans.”
Cole suggested a motion to start with $10,000 for trash cans and bike racks. The motion passed unanimously.
CORTEZ – The Southwest Florida Water Management District’s governing board is expected to issue an approved final order regarding the Hunters Point Resort & Marina dock permitting efforts.
The final order pertains to a permit challenge initiated by the owners of the Cortez Village Marina in 2021.
The governing board will meet Tuesday, May 23 at 9 a.m. at the water district’s service office at 7601 U.S. Highway 301 N. in Tampa. The Hunters Point action item is listed as item 7.2 on the meeting agenda. The meeting will be live-streamed on the water district’s website and the meeting video will later be archived there.
The meeting-related general counsel’s report prepared by senior attorney Jennifer Soberal notes Administrative Law Judge Bruce Culpepper presided over the multi-day hearing conducted on behalf of the Division of Administrative Hearings last June, August and September.
On March 7, Culpepper entered his order that recommends the water management district enter a final order to issue the environmental resource permit needed to construct 49 docks along the man-made Hunters Point-owned canal surrounding the development property on three sides. The docks would service some of the 86 homes currently being built on the property in Cortez.
The privately-owned canal is also utilized by Cortez Village Marina clients, several residential property owners and guests at two canal-side RV resorts in Cortez.
Several residential docks are already located along the other side of the man-made canal. – Joe Hendricks | Sun
Soberal’s report notes Culpepper found that the preponderance of the evidence demonstrated by the attorneys and witnesses representing Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance ownership group provided reasonable assurances that constructing the docks is not contrary to the public interest.
“The administrative law judge further concluded that there are no reasonably anticipated significant adverse impacts on safe navigation from the construction of the dock; the marina (Cortez Village Marina) did not meet the burden of the preponderance of competent substantial evidence proving the dock is contrary to the public interest,” Soberal’s report says.
The owners of the Cortez Village Marina challenged the issuance of the permit needed to construct the Hunters Point docks. – Joe Hendricks | Sun
“During its review of the entire record and, based in part upon the marina’s first exception, district staff found that one sentence in paragraph 42 of the administrative law judge’s recommended order was not based on competent substantial evidence and should be stricken. Otherwise, the rest of the marina’s exceptions were denied for the reasons stated in the proposed final order after a thorough review of the entire record,” Soberal’s report says.
Paragraph 42 in Culpepper’s recommended order pertains to bathymetric surveys and canal depths.
“Because the administrative law judge’s findings of fact were based on competent and substantial evidence in the record, with the exception of the stricken sentence in Paragraph 42, and the administrative law judge’s conclusions of law were reasonable, the recommended order should be adopted as the district’s final order,” Soberal’s report concludes.
ANNA MARIA ISLAND – It’s almost here – the unofficial start of the summer season, when large crowds visit the Island to soak up the sun and play in the sand.
Unlike the busy winter/spring season when people come from all over the world by plane, Memorial Day brings people from closer to the Island who arrive by car. This means long wait times to get on and off the Island at peak beach arrival and departure times as traffic can back up for miles waiting to cross the three bridges, the only ways on and off the Island.
Parking will also fill up fast, so city officials recommend arriving as early as possible to avoid the heaviest traffic and being patient when searching for the often elusive and highly coveted parking spot.
“I have three important reminders for the upcoming Memorial Day weekend,” Holmes Beach Police Chief Bill Tokajer said. “First, you are vacationing in a residential area, so please keep noise to a minimum. Second, be respectful of your surroundings and leave it cleaner than you found it. Third, always park with all tires off the road. Parallel parking is parking with the flow of traffic. Saying you didn’t see the sign or were not aware will not get a ticket voided.”
Holmes Beach police, along with Bradenton Beach police and the Manatee County Sheriff’s Office, which patrols the City of Anna Maria, all remind the public that no fires, grills, alcohol or pets are permitted on Island beaches. These laws are strictly enforced, and all three departments plan to increase the number of officers on patrol for the busy holiday weekend.
And don’t leave common sense at home.
“Remember to not put yourself in a position to be a victim of a crime of opportunity,” Bradenton Beach Police Lt. Lenard Diaz said. “Lock your car and don’t leave valuables in plain sight on car seats or places that entice criminals. Also, don’t bring valuables to the beach. Just bring what you need so you can relax and enjoy yourself.”
BRADENTON BEACH – A May 8 letter Largo-based attorney David Luczak sent to the Pines Trailer Park Homeowners Association board members addresses the sale of the waterfront mobile home park. The accepted purchase offer appears to give the Pines Trailer Park’s permanent and seasonal residents at least five years to remain in their mobile homes and make their future plans.
The pending sale follows the Pines Trailer Park residents’ unsuccessful efforts to form a co-op and raise enough money to purchase the mobile home park owned by Richard and William Jackson’s Jackson Partnership LLLP.
Some of the mobile homes in the Pines Trailer Park have direct waterfront views. – Joe Hendricks | Sun
Luczak’s letter begins by saying, “As you know, this office represents the owners and management of the Pines Trailer Park. In accordance with the provisions of Florida Statutes 723.071(2), we hereby notify you that we have received a bona fide offer to purchase Pines Trailer Park. We intend to consider and accept this offer. The terms are as follows:
Purchase Price: $16.25 million, which includes all park-owned mobile homes, recreational vehicles, equipment, materials, vehicles, buildings, etc.
Initial deposit: $1 million non-refundable deposit within three days of the execution and delivery of the purchase and sale agreement.
Due diligence: The due diligence period shall run for 15 days from the date of the execution of the purchase and sale agreement.
Additional deposit: At the end of the due diligence period, the buyer shall deposit an additional $1 million. At that time, the entire $2 million deposit shall be non-refundable.
Closing: Forty-five days from the successful completion of the due diligence period this transaction shall close unless extended by agreement of the buyer and seller,” according to Luczak’s letter.”
Luczak’s letter does not identify the person or entity purchasing the park.
The final term of the offer appears to allow the current Pines residents and mobile homeowners five to seven more years to remain in the park:
“Seller financing: Seller to hold a purchase money mortgage on the subject property in the amount of $8.125 million at 4.5% interest payable with interest-only payments for five years and no right of pre-payment. Buyer may not seek a land use change during the period of the mortgage financing. Seller may agree to a two-year extension on financing with interest-only monthly payments and the same terms as the original five-year mortgage,” according to Luczak’s letter.
Several residents’ meetings were held inside the Pines clubhouse. – Joe Hendricks | Sun
While attempting to raise the money needed to buy the park, the Pines residents and homeowners participated in several community meetings that were held in the Pines clubhouse building. The printed minutes for the April 18 meeting address the rezoning that would be required in order to redevelop the Pines property as something other than a mobile home park.
“The new purchaser of the park will have to get the property rezoned in order to change the land use from a resident park to something else. It is hard to guess how long that process would take,” according to the April 18 meeting minutes.
Rezoning the Pines’ property from its current M-1 Mobile Home Park District zoning designation would require the approval of the Bradenton Beach City Commission after the proposed rezoning is first reviewed by city staff and the city’s planning and zoning board.
BRADENTON BEACH – The city’s Community Redevelopment Agency (CRA) approved a $46,976 contract for this year’s holiday decorations.
Bradenton Beach is in the third year of its five-year contract with Sarasota-based Trimmers Holiday Décor.
“With a 15% discount the price is still the same,” Bradenton Beach Mayor John Chappie said at the May 3 CRA meeting.
There are no significant changes to the contract, he said. The discount comes in at $8,290.
“I would recommend we go ahead and sign the agreement again,” Chappie said. “It’s a wonderful thing for our community. It’s really set Bradenton Beach apart from a lot of communities.”
Chappie made a motion to sign the document for Trimmers holiday décor for decorations for Christmas on Bridge Street and authorize Chairman Ralph Cole to sign. The motion was approved unanimously.
During public comment, Joe Cuervo, former owner of the Drift Inn on Bridge Street, said he would donate $1,000 toward the holiday decorating cost.
“Last year, before I sold, I committed $1,000 for the Christmas decorations,” Cuervo said, adding that he had been in the hospital last year. “I have a check written for $1,000 for last year and I just need to know who to make the check out to.”
The holiday decorations will include in part: A 32-foot lighted and decorated tree on Bridge Street; trunk wrapping of white lights on multiple trees throughout the city; lit garland and bows on light poles, the clock tower, and Bridge Street Pier sign; snow bursts on roof peaks and round-about; and snowfall tubes.
CORTEZ – A civil suit filed in 2018 by the Florida Department of Environmental Protection (DEP) against Raymond Guthrie, Jr. over his net camp building in Sarasota Bay has been dismissed.
Net camps were wooden shacks used by fishermen to hang hemp and cotton fishing nets to dry. According to historic photographs, there were dozens of net camps on the bay off Cortez.
“Net camps are small simple structures and provide space to store nets and other fishing gear,” according to the Florida Maritime Museum.
In a motion initiated by 12th Judicial Circuit Court Judge Edward Nicholas on Feb. 23, parties were notified that since no filings in the case had been made in more than 12 months, the case would be dismissed if no stay is issued or approved prior to the expiration of a 60-day period.
On May 4, Nicholas signed a Motion and Notice/Order of Dismissal.
Listed as lawyer for the plaintiff (DEP), Bradenton-based Attorney Robert C. Schermer, declined to comment on the dismissal via email on May 13.
DEP did not respond to a request for comment.
The civil case was filed Feb. 6, 2018, to have Guthrie remove the 1,200 square-foot structure.
The DEP complaint claimed Guthrie built the structure without permission on sovereign state submerged lands. Guthrie contended that his family previously had a net camp in that spot and the structure was protected under the 1921 Butler Act.
In May of 2018, A.P. Bell Fish Co., north of the structure, filed suit against the Florida Department of Environmental Protection (FDEP) asserting its ownership of both the net camp and the submerged lands.
Bell claimed the structure has existed since at least the early 1900s and, with the submerged lands, is protected by the Butler Act, which awards title of submerged lands to adjacent waterfront property owners who made permanent improvements on the submerged lands. The law was repealed in 1957 but continues to affect title to submerged lands improved prior to its repeal.
Guthrie was widely supported by Cortez residents and legislators, many of whom recalled net camps along the coast in years past.
The Manatee County Commission voted in March 2018 to support Guthrie’s effort to keep the structure standing.
“Given historic photos documenting the presence of multiple net camp structures, the reconstruction of this single structure to recapture the essence of the historic Cortez fishing community should be supported with the appropriate state permits,” the commission wrote to Florida DEP Secretary Noah Valenstein.
An April 15, 2021 letter from the Manatee County Board of Commissioners to Valenstein and signed by chairperson Vanessa Baugh, stated in part “The net camp has played an inseparable part of the gill and stop net fisheries with the historical village and is referenced in the National Register of Historic Places. Preservation of this structure will help preserve the essence of the Cortez fishing community and the understanding of the cultural context of the village.”
HOLMES BEACH – The intersection of Gulf Drive and Marina Drive in Holmes Beach was temporarily closed May 12 after two female pedestrians were struck by a truck while crossing the street in a marked crosswalk. The driver, Michael Ritchie of Bradenton, told police he had the green light and did not see the women as he was turning left from southbound Marina Drive onto southbound Gulf Drive.
“It’s important for motorists to understand that they must yield to pedestrians even if the light is green, as it was in this case,” Holmes Beach Police Chief Bill Tokajer said. “The only time a person turning left has the right of way over pedestrians is when they have a green left-turn arrow. There is no arrow at this intersection, so drivers always need to be alert when turning.”
The two women, identified as Miriam and Deborah Trotter, both sustained injuries. While D. Trotter was released from HCA Blake Medical Center the same day, M. Trotter suffered critical injuries and remains on life support at press time for The Sun.
Ritchie was cited for failure to yield to a pedestrian.
HOLMES BEACH – The Florida House of Representatives and Senate may have passed House Bill 947 on to Gov. Ron DeSantis’s desk, but that doesn’t mean that city leaders are done fighting against the construction of a parking garage at Manatee Beach.
During a May 9 commission meeting, Mayor Judy Titsworth and City Attorney Erica Augello said they’re exploring every available legal strategy to combat the parking garage bill which would see a three-story garage built over the current parking, concession stand, retail space and restroom facilities at the Manatee County-owned beach property. Estimated to cost $45 million to build over a minimum of two years, the garage is planned to hold 1,500-1,700 paid parking spaces, a new concession stand, retail space, restrooms and a bar. While the garage is under construction, parking at the beach, located at 4000 Gulf Drive in Holmes Beach, would be unavailable.
Currently, city leaders are asking residents and other Anna Maria Island stakeholders to write to DeSantis to encourage him to veto the bill. DeSantis can veto the bill, sign it into law, or take no action and allow it to become law. As of press time for The Sun, DeSantis had taken no action on the bill.
If the bill becomes law, Augello said she thinks there are a few ways for the city to fight it in court, however, she didn’t want to give away any available strategies during a public meeting.
Plans for a parking garage were first discussed between county and city elected officials as far back as 2021. Multi-level parking structures were never an approved land use in the city but are allowed by special exception, granted by city commissioners at a public hearing. When commissioners moved to pass an ordinance clarifying the land use restriction, Manatee County Commissioner Kevin Van Ostenbridge took the matter to county state legislative representatives, where the plan to construct the garage received unanimous support. The bill to bypass city regulations and allow the county to issue its own permits for the construction of a parking garage at the Manatee Beach property is sponsored by Rep. Will Robinson Jr., a Manatee County native.
ANNA MARIA – The adult co-ed recreational soccer playoff games kicked off last Thursday night at the Island’s community center. After seven weeks of exciting soccer play, eight teams battled it out in four action-packed matches.
To start the night at The Center, first-seed Duncan Real Estate took the field as the team to beat, losing only one game in the regular season. Their opponent, the last-place Moss Builders team, had nothing to lose and a seat in the semifinals to gain with the win.
With friends and family cheering on both sides, the underdogs Moss Builders ended the first half of play with a two-goal lead against the Duncan squad.
The Duncan team struggled to click as a team in the game. Moving the ball down the field was an effort against a motivated Moss Builder defense.
After nearly two halves of play in the heat of the early evening, the game was tied with only minutes left in the game.
Duncan Real Estate goalkeeper, Charles “Tuna” McCracken, uncharacteristically let two soccer balls past him with an absent defense at the end of the game. McCracken finished with seven saves, letting five go.
McCracken’s Moss Builders’ counterpart David Moss had eight big stops to help his team to victory.
The hard strikes of Adam Bujarski and Gerardo Urbiola Bolanos, each with two goals in the quarterfinal game, helped the Moss team advance in the playoffs. Teammate Cemal Duzgun scored a solo goal in the match.
Duzgun and Pedro Gonzalez are credited with assists in the goal scoring for Moss Builders.
Despite the defeat, the Duncan Real Estate team put three points on the scoreboard. Team captain Kevin Roman scored his last two goals of the season and Erica Nielsen had a nice goal for Duncan. The offensive efforts, including assists by Tyler Brewer and Murat Akay, just were not enough to give their team a W.
Moss Builders moves on in the playoffs, facing Pool America at on Thursday night, May 18, at 7 p.m. at The Center. Pool America beat Gulfview Windows & Doors after a tie in regulation play.
After eight PK shots, Pool America came out on top, with goals by Nate Welch, Eduardo Schlueter and Jamie Hutchison. Dean Hinterstoisser, as the third shooter for Pool America, surprisingly missed his shot.
Keith Mahoney, shooting for Gulfview, was the only one of the four shooters for his team to make the shot.
Goalkeepers Mark Long, for Gulfview Windows & Doors, and Pool America’s Robb Marshall, both made critical stops for their teams with six and seven saves, respectively.
In other adult soccer semifinal playoff action, the Sandbar team faces the Vintage Beach squad in the semifinals at 8 p.m. this week. Vintage Beach defeated Sato Real Estate by one goal, while the Solid Rock Construction team lost to Sandbar Seafood & Spirits with a final score of 5-3.
This week in youth soccer, the 8- to 10-year-olds started league playoff action on the small pitch. The 11- to 13-year-old league finished their regular season games on Tuesday and will start playoff play next week.
As the summer heat approaches, spring soccer at The Center starts coming to a close with championship play in the coming weeks.
For many of us who hold Florida real estate licenses in the state, you will be renewing this year. Renewal is pretty easy, it’s a 14-hour open book test and a state fee. Every renewal period addresses different aspects of real estate and this year one of the modules, as they’re called, addresses fraud in real estate transactions, specifically in real estate financing. So, I’m sharing some of what I’ve learned with you.
Mortgage fraud manifests in many ways, so many that it’s impossible to review every law-breaking scheme creative fraudsters come up with, however, mortgage fraud is at the top of the list. Any misstatement, misrepresentation or omission of information that lenders relied upon to fund the purchase of a property is considered fraud.
An outright lie by a homeowner or their broker relative to a structural defect for example, is fraud. Likewise, fraud can also be the omission of a material fact that involves the structure of a property, like not disclosing that you have a leak in the bedroom from the roof and simply painted over the stain. This all goes back to the seller’s disclosure obligation as we discussed several weeks ago.
An anxious seller may also commit fraud by improving the financial position of a marginal buyer by offering them cash, enhancing their ability to qualify for a mortgage. Any money exchanged between a buyer and seller without the knowledge of a mortgage lender that affects the value of the property could be viewed as fraud. This isn’t to say that a buyer can’t offer their furniture for sale to a seller for a dollar amount separate from the purchase price.
Anyone who has applied for a mortgage since 2010 wonders why their lender is putting them through financial hoops and asking all kinds of questions, requiring a variety of documents to prove who you are and a signature on multiple disclosure forms. The answer is that in the wake of the financial crisis, The Dodd-Frank Act was enacted in 2010 and added a whole new level of regulations affecting the financial industry. Nevertheless, there is still room for fraud.
Probably the most frequent fraud by buyers is not being truthful about their income and/or their other financial obligations. Income that cannot be verified because of self-employment or being paid off the books is a red flag for lender underwriters. Likewise, not disclosing what your actual monthly debt obligation is and getting away with it is fraud and punishable by the law. Fortunately, lenders will pull a credit report and, most of the time, will know if you have more than one mortgage on your current property, a car loan or credit cards you have not disclosed.
Also, lender applications will ask what the intended use of a property is. If the buyer is intending to set up the property as an income rental but does not disclose this to the lender, this too is fraud. Buyers who are intending fraud may also misrepresent the value of the property in order to qualify for a larger mortgage. This is where property appraisers come in. The majority are honest, but when a dishonest appraiser works with a dishonest buyer they can produce a fraudulent appraisal. This particular fraud was not uncommon in the run up of the financial crisis where loans were placed on properties because of fraudulent appraisals and/or misrepresentations of buyer qualifications.
Where there’s money there’s fraud and I’m saving a few other frauds for another week. Be careful out there. There’s always someone out to get your money. You need to outsmart them.
Tarpon season is one of the most anticipated times of the year for local anglers. While it’s possible to encounter tarpon occasionally most every month of the year, May through July is the time savvy anglers turn their attention to pursuing them along area beaches. Their arrival in numbers is generally dependent on water temperature and the length of days. The magic number is debatable, but when water temperatures reach into the 70s ardent anglers take notice. When that number reaches the high 70s to low 80s, they mobilize.
For most anglers this isn’t a numbers game, it’s the pursuit, the surroundings and the spectacular fight that keeps them pinned to the bow. Tackle should always match the size of the quarry and it’s particularly important when fishing for Tarpon. Most anglers opt for a 20- to 30-pound spin and/or 11-12 weight fly outfits. A heavy bite tippet is required because the tarpons rasp-like mouth. Fly anglers generally use 60- to 80-pound tippet while spin anglers choose 70 to 100-pound test. While it might seem like a difficult task to land a tarpon on the fly, or any tackle for that matter, anglers who know the limits of their gear can land a tarpon in a surprisingly short period of time. The key is to apply maximum pressure from the hookup and never let up. Too many anglers “baby” their fish in a misguided attempt to land them. The truth is that the longer the fight, the better chance you have of losing.
Captain Justin Moore prepares to release a tarpon landed recently off Longboat Key by angler Brian Neslund of Lakeland. – Submitted | Drew Russell
A properly (IGFA approved) tied tarpon leader used by fly fishers is tied and tapered to accurately deliver the fly. The leader includes a class tippet (the weakest link) from 16-20 pounds that is doubled at both ends to soften the (shock) impact to the class tippet and bite tippet. Key to the whole equation is to have a very sharp hook as tarpon have extremely tough mouths. Conventional leaders vary from angler to angler, but a doubled standing line tied to a leader and then to the bite tippet with a blood knot or Albright Special is common.
Flies vary from the classic splayed feather Key’s style to more complex designs like the Toad, various baitfish imitations and Paolo worm flies. Some fly anglers are not concerned with landing a tarpon, preferring to just enjoy the hunt, the hookup and the jumps that usually follow the hook set. They use light bite tippets which allows the tarpon to work through the leader with their abrasive mouths. The key to landing tarpon on the fly is accuracy. The fly must be placed perfectly, moved in a precise direction relative to the fish and be at the tarpon’s depth, preferably right on their nose. Even when all these factors come together, there’s still about a 50% chance that the tarpon will reject the fly.
A key point is to be aware of your surroundings and courteous when tarpon fishing. Don’t try to run down a school of tarpon. If another boat is working a school, find another or hopscotch wide around for a shot. Tarpon fishing is all catch and release unless you’ve purchased a special tarpon tag. It is also illegal to take tarpon over 40 inches out of the water. Try tarpon fishing on your own or, better yet, hire one of the many excellent local guides. That will be money well spent.
BRADENTON BEACH – Bradenton Beach Police officers Devon Straight and Tom Ferrara were at the Circle K near Bridge Street in Bradenton Beach when a concerned citizen came in and told them there was a man on the Bradenton Beach side of the Cortez Bridge screaming for help and running into traffic. The incident began around 7:35 p.m. on May 7.
“Myself and Officer Ferrara quickly responded and soon located the male standing in the middle of Cortez Road next to the Bradenton Beach Police station,” Straight said in a written report. “The male, later identified as Gregory Cawley, appeared wide-eyed and very anxious.”
Officers said that throughout the encounter, Cawley continued to reference people on the scene that weren’t there, including a group of people across the street that were watching the incident. No such group was present on the scene, leading officers to believe he was hallucinating and, due to his dilated pupils, they believed the incident was drug-related.
Straight’s report said Cawley was still fighting police and trying to break free even after EMS arrived and he was handcuffed to a stretcher. Once in the ambulance, he admitted to snorting and consuming crystal meth, although no drugs were found on him. Cawley was taken to HCA Blake Medical Center.
BRADENTON BEACH – Building Official Steve Gilbert’s review of the city’s 1989 comprehensive plan and 1990 land development code (LDC) may help resolve an existing land use concern.
The residential properties in the Azure Shores subdivision are located between Bridge Street and the Cortez Bridge, and Highland Avenue and Gulf Drive South. The properties carry R-3 (multiple-family dwelling district) zoning designations and retail/office/residential (ROR) future land use designations. Until recently, Gilbert and Serna felt the R-3 zoning and the ROR future land use designations were not consistent with one another according to city code.
In 2019, the city commission directed Gilbert and then-City Planner Alan Garrett to resolve citywide inconsistencies that exist between the city’s zoning map and the city’s future land use map – and the zoning and land use designations that accompany those maps.
The inconsistencies date back to 2008 when the city commission amended the future land use map but didn’t amend the corresponding zoning map. Gilbert and City Attorney Ricinda Perry have stated the existing inconsistencies create conflicts that could expose the city to legal challenges from developers and/or neighboring property owners.
In 2021, Gilbert, City Planner Luis Serna and the planning and zoning board began discussing the map inconsistencies that exist throughout the city. In 2022, they began focusing solely on the Azure Shores subdivision as the first of many areas to be addressed.
The areas highlighted in light purple/lavender represent the Azure Shores properties. – Joe Hendricks | Sun
In October 2022, the city commission rejected Gilbert and Serna’s recommendation to apply a mixed-use district (MXD) zoning designation to the Azure Shores properties while maintaining the ROR land use designation. The mixed-used designation would have allowed ground-level retail and commercial activities to take place on those residentially-zoned properties and the commission rejected that idea.
During that same meeting, the commission also rejected the planning and zoning board’s contrasting recommendation to instead rezone those properties to R-2 (two family dwelling) and change the future land use map designation to medium density residential. City Attorney Ricinda Perry told the commission that downzoning those properties from R-3 to R-2 could subject the city to legal challenges from those property owners.
New solution proposed
On May 3, Gilbert and Serna presented the planning board with an alternative means of curing the Azure Shores map inconsistencies. The proposed solution was included in the staff memo the board members received before the meeting.
Building Official Steve Gilbert and City Planner Luis Serna suggested an alternative solution to the previously proposed rezoning of the Azure Shores subdivision. – Joe Hendricks | Sun
The memo included the following recommendation: “Revise the text of the comprehensive plan and land development code so the existing R-3 zoning district would be consistent within the existing ROR future land use category. This option would address the current inconsistency but would allow rezonings to R-3 in the ROR category. The advantage of this option is that it would not result in any changes to the character of Azure Shores by rezoning the property and would not expose the city to any potential takings claims.”
During the May 3 meeting, Gilbert said the Azure Shores map inconsistencies could be cured simply by amending the text in the land development code and the comprehensive plan in a manner that states the existing R-3 zoning designation can be implemented in the city’s only ROR zoning district.
“We don’t change future land use; we don’t change the zoning. We just add text in the comp plan and LDC so that R-3 is an implementing use in the ROR land use category,” Gilbert said.
He said the city’s future land use and zoning summary table would also have to be modified in a corresponding manner by moving the R-3 implementing zoning out of the high-density residential future land use category and into the ROR future land use category instead.
Gilbert said this potential solution emerged from his recent research of the 1989 comprehensive plan adopted in 1989 and the 1990 land development code.
“What I discovered is that what we thought was a new land use assignment in 2008 on the future land use map indicating ROR for Azure Shores was not in fact a newly-designated land use. For Azure Shores, the land use did not change in 2008.” Gilbert told the planning board.
Planning and Zoning Board members Fred Bartizal, John Burns, Bill Morrow and Dan Morhaus participated in the May 3 meeting. – Joe Hendricks | SunIn response to questions posed by the planning board members, Gilbert and Serna said the proposed text amendments would maintain the current 35% lot coverage and 40% impervious surface requirements for those residential properties and would not allow the 90% lot coverage allowed in the nearby Bridge Street Commercial Overlay District. He also said the proposed change would still not allow a hotel or motel to be built or operated in the Azure Shores subdivision.
The planning board unanimously supports the proposed solution and asked Gilbert and Serna to draft the proposed text amendments to be discussed at the board’s June 7 meeting, or soon thereafter.
CORTEZ – The tree and bush clearing activity currently taking place along the north side of Cortez Road West, between 115th Street West and the West Manatee Fire Rescue station, is associated with a Manatee County force main sewer line replacement project.
The preliminary clearing work being performed the Woodruff & Sons construction company does not signal the beginning of the Peninsula Bay construction process, but there is documented connection between the county project and Whiting Preston’s future Peninsula Bay development.
On March 28, Preston’s Pen Bay 1 LLC and Manatee County entered into a force main-related permanent utilities easement agreement. The easement agreement names Pen Bay 1 LLC as the grantor and Manatee County as the grantee. The easement allows Manatee County to use in perpetuity a specific portion of the Pen Bay 1 property to install and maintain county utilities.
According to the signed utilities easement agreement, “The force main will be designed with the capacity to carry the sewage from the planned Peninsula Bay development for 2,000 equivalent dwelling units and grantee (the county) shall reserve such capacity for the Peninsula Bay development.”
That same day, Preston also signed an affidavit of ownership and encumbrances pertaining to the utilities easement.
In late 2015, Whiting Preston provided The Sun with an in-person preview of the proposed Peninsula Bay project. – Joe Hendricks | Sun
According to Manatee County Commission Chair Kevin Van Ostenbridge, a new 36-inch force main sewer line will be located in the easement area and some of Woodruff & Sons’ construction equipment and construction materials will be stored elsewhere on the Pen Bay 1 property that has long been associated with Preston’s Manatee Fruit Company agricultural operations.
Woodruff & Sons is storing some of its construction equipment elsewhere on the Pen Bay I property. – Joe Hendricks | Sun
When viewed from two different service road entrances, there doesn’t appear to be any development activity taking place on the eastern portion of the Pen Bay 1 property. Nor are there any signs of development elsewhere on the more visible central and western portions of the property.
These agricultural elements remain in place near the property’s 115th Street West service road entrance. – Joe Hendricks | Sun
Past approvals
The properties associated with the Peninsula Bay development are located north of Cortez Road, south of Palma Sola Bay and east and west of 115th St. W. The Pen Bay 1 properties surround on three sides the Sunny Shores mobile home community, the Brandt Bay Apartments and several single-family homes.
This map illustration was included in the planning documents presented in 2016. – Manatee County | Submitted
In October 2016, the Manatee County Commission voted 6-0 in favor of approving the proposed Peninsula Bay development. The 2016 county approvals allow for 1,950 residential units, a 150-room hotel, a bed and breakfast, 90,000 square feet of retail, commercial and office space, a 200-capacity dry boat storage facility, a boat ramp and a marina basin.
In July 2016, Preston and attorney Caleb Grimes presented the proposed 358-acre Peninsula Bay development to the Manatee County Planning Commission that voted 5-1 in favor of recommending county commission approval of the proposed project. Planning Commissioner Matt Bower cast the only opposition vote to the proposed development.
During the 2016 planning commission meeting, Cortez resident and former Manatee County Commissioner Jane von Hahmann was among those who expressed concerns that the proposed project would significantly increase traffic on Cortez Road.
“We understand they have the right to develop their land. Though we don’t want to deny them their rights, as citizens of this county, and as residents of the peninsula, we believe we have the right to enjoy our homes that we lived in for 20, 40, 60 years,” von Hahmann said.
“We have the right to not be made prisoners in our home because of the traffic and our inability to access them for the better part of five months of the year, sometimes sitting in traffic for 45 minutes to over an hour,” she said.
During that same meeting, former County Commissioner Joe McClash said, “I have concerns with traffic, density and height. The traffic impacts all of us. It’s not just a localized area of Cortez.”
Future plans
According to the project page posted at the Kimley-Horn + Canin Associates website, the Orlando-headquartered firm is providing master planning, vision planning, public involvement and transportation planning services for what it describes as a 375-acre master planned infill development.
The illustrative site plan posted at the Kimley-Horn + Carin Associates website illustrates the planned Peninsula Bay development. – Joe Hendricks | Sun
According to the company website and the project information sheet posted there, “Peninsula Bay provides new access to the water for both future and current county residents with a mixed-use marina village, boat ramp and a new 67-acre lake that could host kayaks, paddleboards and small sailboats.
“The open space network is a complex web of interstitial green strands, grand waterfront views, and preserved natural features including nearly 70 acres of mangroves. Combining the laid-back atmosphere of a nearby historic fishing village with the best in national design expertise, Peninsula Bay will be a unique retreat for residents and visitors,” the website says.
The easement area along Cortez Road West is being cleared for the county’s pending sewer line replacement project. – Joe Hendricks | Sun
Friday morning, The Sun reached out to Preston’s Palmetto Companies Inc. and Kimley-Horn + Carin Associates seeking additional information on the current Peninsula Bay plans and a potential construction timeline. As of Saturday morning, those inquiries had not yet generated any responses.
ANNA MARIA – The Anna Maria City Commission is delaying action by a month on a proposed ordinance pertaining to multiple non-conforming lots located on a single property.
The commission reached this decision, in part, because adopting the proposed ordinance would almost certainly subject the city to Bert Harris claims filed by negatively impacted property owners. Restrictive language contained in hurricane relief-related Senate Bill 250 also factored into the decision.
Proposed ordinance
In March, the planning and zoning board voted 2-1 in favor of recommending city commission denial of the proposed ordinance, Ordinance 23-914.
On May 11, the city commission discussed the proposed ordinance on first reading.
Section 114-135 of the city’s code of ordinances currently says non-conforming lots that don’t conform with the city’s minimum lot size and area requirements may be built upon as long as the proposed construction complies with all spatial and bulk requirements and all other regulations applicable to conforming lots and parcels.
The proposed ordinance contains new language that states “If two or more platted lots have been combined or used together at any time for a unified development or recognized as one lot under a single parcel ID, such combined lots shall not be utilized separately for use as individual lots for construction unless each individual lot is conforming as to minimum dimension and lot area at the time of requested development or redevelopment.”
City Planner Ashley Austin presented the proposed ordinance to the city commission. – Joe Hendricks | Sun
When presenting the proposed ordinance amendment to the commission, City Planner Ashley Austin said it would provide consistency with the comprehensive plan which establishes a maximum density of six dwelling units per gross acre and a minimum lot size of 7,260 square feet.
Austin said the proposed amendment would only affect existing non-conforming lots that have been combined by a unified development, with the most common scenario being a single-family home built over two lots.
“Those lots would be deemed non-conforming,” Austin said. “Many of these lots in question are approximately 5,000 square feet.”
City Attorney Becky Vose addressed the legal concerns that would be created by SB 250 if Gov. Ron DeSantis signs the proposed legislation into new state law.
Vose referenced the following language that she said was buried in the appropriations bill: “A county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before Oct. 1, 2024. Any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void. This subsection applies retroactively to Sept. 28, 2022.”
“Anna Maria is within 100 miles of that landfall. If this gets signed, jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome,” Vose said.
Mayor Dan Murphy said SB 250 contains $60 million in state appropriations for communities damaged by the two hurricanes and that makes it highly unlikely that DeSantis will veto the bill.
“Our chances of stopping this are slim and none,” he said, noting the city still needs to confirm whether Anna Maria is within the 100-mile range of Hurricane Ian’s landfall, as calculated by the state.
Commissioner Jon Crane asked Vose about the risk of Bert Harris claims being filed against the city if the proposed ordinance is adopted.
Enacted in Florida in 1995, the Bert J. Harris Jr. Private Property Protection Act provides relief for property owners aggrieved or inordinately burdened by the actions of the state or a local or county government.
Vose said existing city code allows the owner of two or more existing split lots to build on those lots even if they’re smaller than the currently required minimum lot size.
Vose also said a recent change in state law now requires the losing party to pay all the winning party’s attorney fees associated with a Bert Harris claim, beginning with the filing of the claim.
“I would anticipate that we would get significant Bert Harris claims,” Vose said. “It would be a pretty expensive proposition to do this.”
Public input
During the March planning and zoning board meeting, longtime Anna Maria resident and former city commission and planning board member Doug Copeland expressed his opposition to the proposed ordinance. He said he and many other property owners would file Bert Harris claims against the city if the proposed ordinance is adopted.
Former city commissioner Doug Copeland urged the city commission to reject the proposed ordinance. – Joe Hendricks | Sun
During Thursday’s meeting, Copeland said he and his wife, Pat, have owned their property since 1974 and their property contains a house on one lot and a garage on the second lot.
“We’ve always assumed that we would be able to sell or build on the second lot. My daughter expressed interest in building a second home on that property. I’m sure everyone who owns these properties always assumed there’s a certain value in that second, third or fourth lot,” Copeland told the commission.
Copeland said there are at least 500 lots in Anna Maria that are smaller than the currently required minimum lot size and imposing new restrictions on 37 property owners isn’t going to resolve that concern.
“This is a prime example of an inordinate burden. I spoke to a land use attorney. He said that ordinance reads like a textbook case for Bert Harris,” Copeland said.
Copeland urged the commission to discontinue further discussion on the proposed ordinance that would subject the city to significant attorney fees and potential settlement costs.
The commission then reached a consensus to continue the first reading of the ordinance and take no further action for at least a month.
