BRADENTON BEACH – City commissioners discussed filling the vacant Ward 4 city commission seat, but the lone applicant, Robert Talham, didn’t attend the Jan. 15 meeting.
The Ward 4 seat has been vacant since commissioner Jan Vosburgh’s 11-year tenure ended on Nov. 20.
“To date we’ve had one applicant, Robert Talham,” Mayor John Chappie said.
Talham was not in attendance at the meeting. According to his application, dated Nov. 3, 2025, he is a retired contractor. The application states he is a full-time resident of Bradenton Beach. The application also states he will not be able to attend meetings in the months of June, July and August.
City Attorney Erica Augello explained the process for filling the vacancy.
“We discussed at one of the last meetings to put out an advertisement to see if you could get anyone specifically from Ward 4,” she said. “From any of the applicants that apply, the commission then gets to nominate a person; and then whoever is nominated and seconded, there needs to be a majority vote from the commission.”
She said if the commission chooses not to nominate anyone at that meeting, there would be a second meeting to consider additional applications.
“At that second meeting, if you do not have any nominations you are willing to make, you may nominate any of the applicants based on who you think would be qualified to fill the position,” Augello said.
If there is no nomination at the second meeting, then other qualified applicants from the city at at-large, not just Ward 4, would be considered. Two more meetings would then be needed to nominate and select the candidate.
“Then, if no candidate is nominated and no majority vote is garnered to select that person, it goes to drawing lots (drawing the highest card from a deck of cards),” Augello said. “It is a step-by-step process. You do have to weigh the qualifications of the person and the availability.”
Chappie addressed the difficulty in finding a candidate due to a decreased population in the city.
“We don’t have the population we had years ago. It’s been difficult at times to get people to volunteer and come aboard. I think some time in this year we want to talk about that. I think we’re going to have to face the facts,” he said.
According to the U.S. Census Bureau, the population of Bradenton Beach was 908 residents in 2020. According to the Manatee County Supervisor of Elections Office website, Bradenton Beach had 481 registered voters at last count.
Bradenton Beach is the only city on the Island that uses geographically based city commission wards. All commission seats in Anna Maria and Holmes Beach are citywide at-large seats.
‘I like the wards. I like that system, but things have changed,” Chappie said.
Commissioner Ralph Cole said he has known Talham for quite a while.
“He’s lived in Bradenton Beach for a long time. I know he loves Bridge Street. He is living in Ward 4 and has done so for a long period of time,” Cole said.
“The questions I have are about the June, July and August availability,” Chappie said. “That’s hurricane season and we have a lot of stuff going on. I just wanted to voice that. So, we’ll schedule this for our next commission meeting and hopefully we’ll have more applicants.”
CORTEZ – An early January Facebook post by the owners of The Beach Shop announcing the possibility of the store’s closure brought an outpouring of community support and hope for the future.
Sharon Hanzlik and Carl Ginsburg co-own The Beach Shop at 11904 Cortez Road W. that sells beach-related gear, clothing and souvenirs. It also sells art created by about a dozen local artists.
Co-owner Sharon Hanzlik is grateful for the community’s support. – Leslie Lake | Sun
“The purpose of that post was really just to say: ‘If we’re not here, this is why; and don’t forget small business,’” Hanzlik told The Sun on Jan. 16. “Carl finally said, ‘I have to put it out there because people are going to wonder why, if we have to shut down.’”
Carl’s Facebook read as follows:
“Cortez, It is incredibly difficult to type these words, but we promised to always be honest with you.
“Since the hurricanes, we have been fighting with everything we have to stay afloat. We held on tight, hoping that once the storms passed, things would get better. We kept telling ourselves, ‘Just one more week, things will pick up.’
“Sadly, they haven’t. In fact, things have gotten harder. We have reached a breaking point. The reality is, unless we see a major turnaround “immediately, we likely won’t make it through to next month. We don’t want to close our doors. “We love this community and we love serving you.
“How you can help: If you have ever thought about stopping by, if you need a gift, or if you just want to treat yourself – please come see us now. Come buy something (even something small helps). We aren’t ready to give up, but we can’t do this alone anymore. Thank you for sticking with us this far,” the post said.
When discussing the Facebook post, Hanzlik said, “We put the post up and people started showing up. These people care so much about the community and small business. Some people said they just needed a reminder.”
“The post really got us some business. It will keep us going until season, and then we have to gauge it from there. I know we’ll get to season, and hopefully this season is better than it was last year,” she said.
Hanzlik and Ginsberg have owned the shop since mid-2020. She said the business was doing well until just before the 2024 hurricanes.
Hanzlik said their busy season is February through mid-August.
“Last year we really didn’t have a season. Because of the hurricanes, a lot of people changed their plans. Why take the chance? If you’re only going to get one vacation this year, you want to make it good. I understand that,” she said. ‘This year, we’re fighting tooth and nail. We’re going to make it. We’re going to get out of this hole.”
Hanzlik said the other small businesses nearby have been supportive.
“We’re not alone. Small business is hard and it’s getting harder,” she said. “There’s Breezy Bakery, Tyler’s and Slicker’s. Bob Slicker made a post that says if you show one of our receipts there, you’ll get a Slicker’s souvenir cup. Isn’t that the nicest thing in the world?”
Hanzlik said she remains hopeful for the future of the shop and she’s grateful for the community’s support.
FOLLOW-UP POST
On January 14, The Beach Shop posted the following Facebook message:
“We are absolutely blown away. A few days ago, we shared the hard reality that our business was on the brink of closing. We didn’t know what to expect, but the outpouring of love and support we have received since then has been nothing short of life-changing.
To everyone who came in to buy a gift, who grabbed a souvenir or who simply stopped by to tell us to hang in there: THANK YOU.
“Your support over the last few days has bought us time. It paid some bills that were keeping us up at night. But more importantly, it reminded us why we fought so hard to be here in the first place. Please keep coming by. Please keep sharing. This battle isn’t over, but thanks to you, we finally have a fighting chance. See you at the shop!”
ANNA MARIA – Beach yoga classes and group yoga sessions were a topic of discussion during a Jan. 5 city commission workshop that focused largely on creating city regulations for beach cabana rentals and other commercial activities conducted in the city of Anna Maria’s parks and public beaches.
The commission is also revising the code of ordinances that currently prohibits dogs in most city parks, while already allowing dogs in City Pier Park. Dogs will remain prohibited on all city beaches.
The agenda for the Anna Maria City Commission’s Jan. 5 workshop stated the commission would discuss a draft ordinance that would revise Chapter 38 of the city’s code of ordinances – the chapter of city code that regulates parks and recreation.
The revised ordinance will be presented to the commission for the first of two readings and public hearings on Thursday, Jan. 22, which starts at 1 p.m.
Regarding recreational activities conducted in city parks and on city beaches, the proposed ordinance says, “Passive recreation involves low-intensity, non-motorized, non-organized outdoor activities that have minimal impact on the natural environment, focusing on relaxation, observation and enjoyment of nature. Passive recreation generally does not include any equipment. If equipment is involved, it is generally small, hand-held equipment such as binoculars, fishing poles, yoga mats, cameras or similar.”
When reviewing the proposed ordinance with the commissioners. Mayor Mark Short said passive recreational activities conducted in group settings would be limited to 15 people.
Commissioner Kathy Morgan-Johnson said she participated in beach yoga classes/sessions with up to 30 people and that didn’t cause any problems.
When asked if there was a fee to participate in those beach yoga sessions, Johnson said there was no fee, but the instructor sought donations.
“There’s profit there. You have to consider that,” City Clerk Amber LaRowe said.
LaRowe said an organized group activity with more than 15 participants requires a city-issued special event permit, which includes a permit fee.
City Planner Ashley Austin said an activity that involves yoga mats and recorded music would not be considered a passive activity.
“A yoga mat is the equipment necessary to run a function,” LaRowe said.
LaRowe said her previous employer, the city of St. Pete Beach, regulates yoga classes on the beach and it’s not uncommon for those events to mirror the special event permitting process because they’re essentially a special event. LaRowe said she’s also researching how other similar-sized coastal cities in Florida regulate beach yoga in a group setting.
“It’s regulated in some way, shape or form,” LaRowe said.
Commissioners Chris Arendt and John Lynch said they’d be interested to hear LaRowe’s findings.
Commission Chair Charlie Salem said he’s not aware of the city ever receiving a complaint about people doing yoga on the beach and he too would like to learn more about how cities handle this.
“How much regulation do we want to get into for something that hasn’t been a problem?” Salem said.
LaRowe said it could become a problem in the future. She said 10 years ago the city didn’t envision beach cabanas as something that could become a potential problem.
LaRowe said she wants to provide the commissioners with more information so they can make an educated decision.
Commissioner Gary McMullen said the city’s beach activity regulations should mirror the city’s special event permitting process and there shouldn’t be a conflict between those two processes.
Short said the number of participants allowed to participate in passive beach activities like beach yoga sessions would be added to his to-do list for additional research and discussion.
Sgt. Brett Getman, from the Manatee County Sheriff’s Office Anna Maria Unit, said a large group of people doing yoga at a beach access point can impede access for emergency personnel and first responders.
“Don’t block the beach accesses,” he said.
DOGS IN PARKS
Regarding dogs in parks, the revised, multi-faceted parks and recreation ordinance still says, “It shall be unlawful for the owner or keeper of any domestic animal to allow or permit any such domestic animal on any beaches or coastal barrier sand dunes.”
The proposed ordinance removes existing language that said City Pier Park was the only city park that allowed dogs, but not during the city-hosted Memorial Day and Veterans Day events held there.
Mabel and other dogs were not allowed in City Pier Park until the city commission revised that city regulation in May 2023. – Joe Hendricks | Sun
Short said he expects the revised parks and recreation ordinance to take effect March 1, which would then allow dogs in Bayfront Park and other city parks where they’re currently prohibited.
“You can walk your dog through a park now (when the ordinance takes effect), but not on the beach,” Short said.
“I like that. I’ve been run out of the Gulf Front Park roundabout for having a dog sitting with me on the bench,” McMullen said.
MORE PARK, BEACH REGULATIONS
The current definition of “parks” has been revised as follows: “Parks means and includes Bay Front Park, located on Tampa Bay from Lake La Vista Channel on the southerly end to Hibiscus Road on the northerly end; Gulf Front Park, located on the Gulf of Mexico/America from Oak Avenue on the southerly end to Magnolia Avenue on the northerly end; City Pier Park, located from the intersection of Pine Avenue and North Bay Drive to Lake La Vista Channel; and City Hall Park, being the land surrounding the Anna Maria City Hall, bounded by Spring Avenue, Gulf Drive and Pine Avenue.”
The city owns Bayfront Park, but the county maintains it according to a long-standing city/county agreement.
The proposed ordinance now defines the city’s park hours and says, “Except for emergencies, inclement weather and unless otherwise posted, all park areas are to be open to the public every day of the year from dawn to dusk.”
The proposed ordinance includes a revised prohibition on vending in city parks that says, “No person, persons, organization or other entity shall expose or offer for sale, rent or trade any article or thing; or station or place any stand, cart or vehicle for the transportation, sale or display of any article or merchandise within any city park.”
The best thing that has happened to the real estate vocabulary in recent years is called critical ignoring. Certainly, it’s not just applicable to real estate, but by golly it works.
Critical ignoring comes from the internet, doesn’t everything, and the artificial intelligence that drives it. Essentially, it means you should take everything you read with a grain of salt or totally ignore.
When it comes to real estate statistics reported on a national level, I prefer the ignore option. It’s not that the numbers aren’t correct; they are. It’s just that real estate is all local, and what applies in downtown Boston may have zero relevance on Anna Maria Island.
There was a report I read, right around Christmas, which was extremely broad in its reporting about condo owners facing the worst market since 2012. Across the board, rising homeowner association fees due to higher insurance premiums and maintenance costs are making condominium purchases less affordable. Single-family homes also have higher maintenance and insurance costs, don’t they? Large metro areas are suffering more with a glut of supply weighing on prices.
And good old Florida can never catch a break it seems. Insurance costs and hurricanes are totally spooking buyers, in addition to the Florida condo market taking a major hit since the Surfside collapse – ignoring the fact that Florida is a big state and Surfside is a tiny place. Actually, the laws put in place after Surfside have done a lot to improve condo living in Florida. In spite of all of this, condo owners have gained equity since they purchased. Go figure.
Sorry, but most of this can be critically ignored. Floridians love condo living and that’s not changing anytime soon. Prices may go up, prices may go down, insurance is always an ongoing conversation, and the cost of maintenance will always increase.
Now, to the crystal balls about this year’s housing market. The op-ed I read has predicted that mortgage rates will be somewhere between 5.75% and 6% this time next year. Declining rates and increased inventory should spark more home sales, especially if the overall economy perks up. Prices will flatten, but there will not be a significant decline in prices.
Real estate professionals will find themselves working for major companies, with the possibility of large brokerage or real estate holding companies attempting to acquire a prominent homebuilder.
And believe it or not, Netflix’s real estate programs, which I love, will help inspire some young people to consider real estate careers. Now that should not be critically ignored.
Time for the December sales statistics reported by the REALTOR Association of Sarasota and Manatee:
Single-family homes closed 5.6% fewer properties this December than last December. The median sale price was $491,500, down 0.1%, and the average sale price was $653,048, down 3.3%. Median time to contract was 55 days, compared to 56 days last year. The month’s supply of available properties was 4.3 months, compared to four months last year.
Condos closed 13% more properties this year compared to last year. The median sale price was $307,500, down 6%, and the average sale price was $352,068, down 2.7%. Median time to contract was 63 days, compared to 56 days; and the month’s supply of available properties was 6.5 months, compared to 6.9 months last year.
Let’s not critically ignore these numbers. The season is just starting and it’s not critical yet.
I first wrote an article with a similar title more than four and a half years ago, but I thought it was appropriate to revisit that topic given the constant challenges facing anglers and the waters that we fish.
Those anglers who have fished the waters of Sarasota and Tampa Bay (and all the connected bays) for decades have seen firsthand the decrease in water quality, loss of habitat and the resultant degrading of local fisheries.
Don’t get me wrong, we still have some excellent fishing and the habitat that has been referred to as “fragile” turns out to be extremely resilient. That’s the good news, but only if anglers stay engaged in protecting “the goose that laid the golden egg.”
The problem lies in the perception of anglers and residents who recently relocated here, and this is nothing new. When we’re new to an area (now or four decades ago), we experience what is referred to as “the new normal,” or the “shifting baseline” – a phenomenon in which each generation accepts a degraded or altered condition as “normal” because they compare it only to what they have personally experienced, and not to historical conditions.
This became clear to me only recently, when I read Jack Davis’ Pulitzer Prize-winning book “The Gulf: The Making of an American Sea,” a book described as a work that powerfully illustrates shifting baselines – how each generation accepts a diminished Gulf as “normal.”
I vividly remember accounts (paraphrased) by early settlers of flocks of birds so abundant they would darken the midday sky, and mullet so thick you could almost walk across the bay on their backs.
This is not intended to make anglers nostalgic for what has been lost, but to realize we can enjoy our angling adventures even more by working to protect and improve what we love, so future generations of anglers can have some of the opportunities we enjoy.
Reel Time is, and I intend it to continue to be, a way to share the adventures of angling, help introduce new tackle and techniques, explore destinations and introduce children and new residents to this amazing resource that surrounds us. A vital part of that mission also needs to explore the challenges that face us and share ways to protect it.
HOLMES BEACH – The 7th Annual Anna Maria Winter Arts & Crafts Show held at City Field on Saturday, Jan. 17, showcased the work of more than 40 artists, crafters and creators, but the two-day event’s Sunday session was cancelled due to rain and high winds.
Presented by Blue Ribbon Events, the arts and crafts show featured a wide range of handmade items including paintings, pottery, jewelry, textiles, woodwork and more, giving attendees the opportunity to buy one-of-a-kind pieces created by the partipating artists, creators and makers.
“Within a 50-mile radius, 12 artists are represented here at the show. In the overall group, about 50% are Florida residents and 50 percent are from out of state,” Blue Ribbon Events CEO Danielle Lynch said on Saturday.
Saturday’s attendees were treated to clear skies and comfortable temperatures as they viewed handcrafted works produced in multiple art mediums, including oil, acrylic and watercolor paints, along with clay, stone, metal, wood, plaster and more.
Jacqueline McMillan displays the floral arrangement she created. – Lance Roy | Sun
Jacqueline McMillan, of Mobile, Alabama, exhibited the balsa wood flower arrangements she created through her business, Love by JM. McMillan, a quadruple amputee,produces her work using strapped tools and paintbrushes, arranging and coloring the wood to create realistic floral designs displayed in small terra-cotta pots and decorative teacups.
“This started as therapy then parlayed into a business,” McMillan said.
An artist named Sara (no last name given) operated her LoveSara booth, where she displayed painted mugs, portraits and colorful greeting cards.
Sara, of LoveSara art, uses bright colors in her work. – Lance Roy | Sun
“Painting is a passion for me. I love to paint and it keeps me relaxed and focused. I paint animals and nature in bright, vivid colors. I like to sometimes add a little quirkiness and fun to my paintings,” Sara said
She said one of her goals is to raise awareness of the varied abilities of people on the autism spectrum, and to encourage acceptance of individual differences and strengths.
Painter Kristina Grillo returned to the show again this year with her contemporary abstract works that include serene boat scenes and expressive female figures. Grillo creates her pieces on red aromatic cedar, using a distinctive torn-edge technique. She developed her style through graduate studies and work abroad in Florence, Italy.
The arts and craft show reflected the depth and variety of creative talent found on Anna Maria Island and throughout the region.
“We are constantly looking at how we can positively impact the area with economic growth for both local businesses and the artists we feature,” Lynch said.
BRADENTON BEACH – Police Chief and Public Works Director John Cosby outlined the challenges the city faces with the anticipated receipt of approximately $500,000 in hurricane-related FEMA reimbursements.
“FEMA (Federal Emergency Management Agency) is giving us pushback on six things they’ve just flatly denied, so we’re in the process of filing an appeal,” Cosby said during the Jan. 15 city commission meeting. “The appeal letters have already been sent.”
Cosby said eight additional claims are going back to FEMA for errors and omissions review.
“We didn’t agree on the language and some of the scope of work that was done,” he said.
He said he was unsure how long the appeals process could take.
“They’re backed up and everybody is having issues, so there’s been a lot of appeals filed,” Cosby said. “It generally takes about 18-24 months and we’ve got $500,000 on the line. We utilized 70% of our reserves in order to recover (from the 2024 hurricanes).”
Cosby stressed that when the next budget is determined, the city has to be cognizant of putting more money into the reserve fund to prepare for storm events.
“We know at $2.3 million we were able to handle back-to-back hurricanes without borrowing,” he said. “Shayne (City Treasurer Shayne Thompson) did secure a $5 million line of credit and we’re going to renew that in April.”
Cosby said the city was fortunate because some of the contractors generously waited for payment, without charging a late fee, until ad valorem property tax revenues came to the city at the beginning of the year.
“That helped us not to have to borrow money, so we’re grateful for that. Again, we did very well financially with the money we had to still shell out, but we’ve got to get that back,” he said.
“The reason this happened was we thought that it would happen a little quicker,” Cosby said. “We do know that a lot of people are still fighting their insurance company for payments and it’s hard to get contractors, but there are a number of permits that have come in. I believe there’s 10 major developments in process. So, not this next budget year, but the budget year after, when the tax money starts coming in 2027, we should be good again.”
After the meeting, Thompson said there is some disparity between the city and FEMA for the cost of some repairs.
“If we say a road took $100,000 to fix, FEMA might be saying $13,000,” Thompson said.
He said a “healthy dent” has been made in the city’s reserve fund, but the city was fortunate to have the funds in reserve.
“The million (dollars) is the big bucket. The $500,000 has been obligated; they’ve agreed to it,” Thompson said. “The state has looked at it, now it’s in financial services for the state to issue the check. There’s $500,000 now that’s being disputed.”
HOLMES BEACH – At least 35 Holmes Beach residents have signed a petition opposing a potential Gulf Island Ferry stop in the Waterline/Keyes Marina boat basin along Marina Drive.
On several occasions, Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione has publicly expressed the county’s desire for a ferry stop in Holmes Beach.
And in recent months, City Commissioner Carol Whitmore has publicly acknowledged her efforts to help bring a ferry landing to the Waterline Villas & Resort boat basin. Several other government officials have also privately acknowledged the county’s efforts to purchase a boat slip or slips from the Waterline Villas & Marina owner or owners to use as a ferry stop.
For a ferry landing to happen, the county will also need a city commission-approved site plan.
When offering general public comment during the Jan. 13 city commission meeting, three Holmes Beach residents shared their concerns about the potential ferry stop location. When doing so, they reiterated concerns they and others recently addressed in emails sent to the mayor and commissioners.
Holmes Beach resident Dana Sky opposes a ferry landing in the Waterline Villas & Marina boat basin. – Joe Hendricks | Sun
Speaking first, Dana Sky said, “While water-based transportation can be beneficial when thoughtfully planned, this location is simply, in our opinion, not appropriate. Keyes/Waterline marina is located within a quiet, R-1 (zoned) neighborhood that has historically supported low-impact marina activity and minimal evening traffic. Introducing a high-frequency ferry operation here would fundamentally change the character of this neighborhood and create safety and congestion issues that cannot be reasonably mitigated.”
“A far more suitable alternative already exists: the Kingfish Boat Ramp. The Kingfish Boat Ramp is a public, commercial facility designed to handle visitor volume, vessel traffic and public access. It is not embedded in residential streets and provides local, walkable access to Manatee Public Beach and local businesses.
“It’s important to recognize that Holmes Beach contributes significantly to the county’s tourist development tax revenues. When properly allocated, these funds can support infrastructure that welcomes visitors while protecting residential neighborhoods. Investing in a well-planned ferry facility, such as Kingfish, aligns with the intent of those funds and the city’s responsibility to its residents,” Sky said.
“There’s also been discussion that this ferry could benefit Island employees or reduce traffic. We’ve spoken directly with many employees who work on the Island and they’ve consistently told us that they would not rely on this service to get to and from work. The schedules don’t align with their shift times, some days it doesn’t run and service is not reliable due to weather delays, weather itself and capacity limits. Employees cannot risk being late or stranded.
“Keyes/Waterline marina also lacks basic infrastructure, including restrooms, covered waiting areas, ADA (Americans with Disabilities Act) access, adequate lighting and safe queuing space. Marina Drive is already one of the Island’s most congested corridors and increased pedestrian crossings, especially after dark, would create additional safety risks,” she said.
In 2024, a Gulf Island Ferry boat docked at the Waterline Villas resort, but due to space limitations, it could not safely travel to the far end of the boat basin. – Joe Hendricks | Sun
“From a marine safety standpoint, the channel is narrow, constrained and heavily used. Large vessels cannot safely pass, visibility is limited and a prior ferry attempt was unsuccessful. A comprehensive navigational study would be a bare minimum before this could be reasonably considered.
“Finally, placing hundreds of transient visitors per day into the heart of an R-1 neighborhood directly conflicts with the city’s comprehensive plan and the expectations of us residents.
“In closing, we respectfully ask the city to remove this Keyes/Waterline marina from consideration and to direct any future planning to locations that are appropriate, publicly oriented and consistent with residents’ safety and quality of life – most clearly Kingfish,” Sky said.
Speaking next, Daria Grinenko said, “I agree with everything Dana said.”
She then addressed additional concerns she has.
“I want to address the negative impact this increased usage would have on marine life, including dolphins and manatees that frequent this channel, as well as mangroves that buffer the land. There’s a personal seawall in this channel that has a highly cultivated reef that could be ruined by this increased boat traffic.
“I’ve estimated in high season that the current boat tours and rentals in this marina go out 24 times a day and back in 24 times a day. This doesn’t count the countless fishing charters and other recreational boaters that are in and out getting fuel and bait at Keyes Marina. If you add 18 more ferry rides to this basin it could be devastating to this established sea life. These impacts should be professionally evaluated for consistency with the Holmes Beach comprehensive plan policies addressing environmental protections and coastal resource preservation,” she said.
Grinenko mentioned the site plan approval process the county would have to follow and she said that process should include traffic impact studies, boater and pedestrian safety studies, the evaluation of marine life preservation reports and a review of overall compatibility.
Izzy Sky said many ferry passengers enjoy a low-priced boat ride to the Island (from downtown Bradenton) and are allowed to bring their own food, beverages and coolers. He said this results in some passengers not spending money at the Island’s local businesses and restaurants.
“We cannot be sold out to boatloads of people just to visit the Island. My question is simple: Why? The cup is full. You add any more people, it overflows,” he said.
The new, larger and partially enclosed Manatee Belle will be put into service soon and join the two pontoon ferry boats already in service. – Joe Hendricks | Sun
When the speakers finished, Commission Chair Carol Whitmore said the commission could not discuss a site plan process that could come before the commission in a formal setting if the county pursues that ferry landing location.
When asked, after the meeting ended, Development Services Director Chad Minor said the city had not received a site plan approval application from the county for a ferry stop in the Keyes/Waterline marina basin.
ANNA MARIA – City officials and city staff are working on a new ordinance that would allow regulated beach tent and beach cabana rentals along the specific stretch of Anna Maria shoreline known as Gulf Front Park, from Oak Avenue to Magnolia Avenue.
During the Anna Maria City Commission workshop on Jan. 5, Mayor Mark Short, the city commission, city staff and two cabana rental company owners spent more than an hour discussing the draft version of a new parks and recreation ordinance prepared by City Attorney Becky Vose.
Subject to further revision when presented to the city commission for two more readings and final adoption, the proposed ordinance is expected to take effect on March 1. The first reading of the revised ordinance is scheduled for Thursday, Jan. 22.
The intent of the new ordinance is to allow, but regulate, the placement and use of temporary beach structures along a specific portion of the Anna Maria shoreline, and do so in a manner that still provides space for other public beachgoers.
The proposed cabana and tent allowances and regulations being discussed would apply to the beach area known as Gulf Front Park, and most of the new regulations would apply to all cabanas, tents and other temporary beach structures, whether they’re privately owned and used or commercially owned and rented to others.
BACKGROUND
In July, Short told city commissioners the city’s current code of ordinances prohibits all commercial beach activity in the coastal conservation zones and recreation open space zones that encompass most of the city’s beach shorelines.
The Anna Maria zoning map shows the coastal conservation zones highlighted in blue and the recreation open space zones are highlighted in green. – City of Anna Maria | Submitted
The long-ago adopted city code also prohibits multi-legged tents and cabanas of any kind (commercial or personal) in the more restrictive coastal conservation zones where only single-pole umbrellas or shade structures are allowed.
During the July discussion, no one could recall the beach activity regulations ever being enforced; and Short said enforcement would remain suspended until the regulations were revised.
According to the city’s color-coded zoning map adopted in 2013, the largest coastal conservation zone (highlighted in green on the map) extends from Magnolia Avenue to the northern tip of Bean Point and includes the beach area in front of the Sandbar restaurant.
The recreation open space zones (highlighted in blue on the zoning map) include the Gulf Front Park, Bayfront Park and Anna Maria City Pier shorelines.
PROPOSED REVISIONS
The cabana and tent-related code revisions being considered pertain to the Gulf Front Park area, from Oak Avenue to Magnolia Avenue.
The proposed cabana and tent regulations would apply to the Gulf Front Park beach area highlighted in blue, from Magnolia Avenue to Oak Avenue. – City of Anna Maria | Submitted
The proposed ordinance presented on Jan. 5 initially said, “Temporary Beach Structures are limited to personal tents, cabanas or other sunshade structures which shall not exceed 100 square feet of ground coverage, inclusive of any poles, pegs, tie-downs, anchors, weights, sandbags or the like.”
Code Enforcement Manager Dave DeZutter said he showed the mayor a photo earlier that day of a sail-like tent that was approximately 30 feet long.
Commissioner Gary McMullen said 10-foot-by-10-foot tents are among the smaller tents seen on Anna Maria beaches these days and 12-by-12 tents are more common. He suggested revising the ordinance accordingly.
Commissioner Chris Arendt agreed and said, “It’s not that much larger but it provides a surprisingly larger amount of shade.”
When asked by the commission what size his rented cabanas are, My Beach Concierge owner Peery Heldreth said his cabanas have a 10-by-10 footprint.
Beach Dog Island Essentials owner Doug Egan said his cabanas have 10’ x 10’ frames but the canopies open to 13-by-13. Egan said his support structures would comply with a 12-by-12 ground cover restriction, but his total canopy coverage might not comply with a 144-square-foot total space restriction.
Tents and cabanas are a common sight along Anna Maria’s beach shoreline. – Joe Hendricks | Sun
Regarding the intent of the new regulations, Commission Chair Charlie Salem said, “The reason we’re concerned about that is you’re basically roping off a part of the beach for yourself. We’re trying to make sure the beach isn’t cordoned off for private or public entities for their own use and excluding other people.”
The commission tentatively agreed to increase the proposed space limit to 13-by-13 (169 square feet), but it was noted that regulation could be revised during the formal ordinance adoption process in February.
The 169-square-foot space limit would apply to all temporary beach structures (commercial and personal). The ordinance would also require accessory beach equipment – beach chairs, coolers, towels, baby items – to be contained within the allowed footprint.
The proposed ordinance says, “No more than two commercially rented cabanas may be placed within 50 linear feet of each other, measured in any direction.”
This would allow two rented cabanas to be placed side by side for the same group of users, not to exceed 15 total users.
Short said this restriction would establish a perimeter that prevents five or six cabanas from being set up in a row.
“We have pictures from the day after Christmas of five in a row and five in a row and I personally don’t want to see that,” Short said.
Sgt. Brett Getman, from the Manatee County Sheriff’s Office Anna Maria Unit, said Dec. 26 was perhaps the busiest beach day he’s seen during his six years in Anna Maria.
Getman said the 50 feet of separation between two side by side tents would make it easier for law enforcement, code enforcement and first responders to patrol the beach and respond to emergencies.
The same morning start time restriction that applies to construction workers, landscapers and others would prohibit cabana and tent rental companies from setting up their equipment until 7 a.m. The ordinance will require cabanas, tents and other temporary beach structures to be removed from the beach within a specific, yet to be determined, time period after sunset.
Beach cabana rentals provide a service for visiting beachgoers and a business opportunity for locals. – Joe Hendricks | Sun
“The intent here is to look forward,” Short said. “I’m not opposed to commercial activity on the beach as long as we control what that activity is, and as long as we can control what the limitations to that activity will be because the majority of the people that come to these beaches bring their own stuff.”
He said the cabana rental companies provide a valuable service, but limitations need to be established so everyone has the ability and flexibility to enjoy the beach.
Short said the existing single-pole structure limitation in the coastal conservation zones might be reviewed as a separate process at some point in the future.
In response to a question from Heldreth, Short said considering changing the zoning in front of the Sandbar restaurant from coastal conservation to a recreation open space zoning designation would be a process that would start with the city’s planning and zoning board.
MANATEE COUNTY – Tampa-based Slip Knott LLC and cruise ship terminal operator SSA Marine are exploring the development of a multi-berth cruise ship port in northwest Manatee County.
The proposed cruise port was announced last week in a statement posted at the knottcowencruise.com website. An online petition at Change.org that opposes the proposed cruise port has already garnered more than 5,400 signatures.
The proposed cruise port would be developed in northwest Manatee County on the 328-acre Knott-Cowen tract of land located north of Rattlesnake Key and seaward of the Sunshine Skyway Bridge.
“Slip Knott LLC is a holding company for the Tampa Bay Real Estate Investment Corporation, which purchased Rattlesnake Key, Knott-Cowen and other small properties in Tampa Bay,” the Knott-Cowen website says.
The proposed cruise ship port would be located seaward of the Sunshine Skyway Bridge. – Joe Hendricks | Sun
“Our new port will complement existing cruise activities in the region by being able to service the newer, larger, low-emissions cruise vessels that would otherwise be unable to visit due to the height restrictions of the Sunshine Skyway Bridge,” the Knott-Cowen statement says.
According to the Manatee County Property Appraiser’s Office, the Rattlesnake Key Preservation Company (a subsidiary of SSA Marine) purchased the 724-acre Rattlesnake Key property from Cayo Cascabel LLC for $18 million on October 28.
The property owners stated they would preserve Rattlesnake Key. – Google Earth | Submitted
“We recognize Rattlesnake Key is a treasured local community asset that has long been the subject of concern regarding potential future commercial development. Our intent in purchasing the property is to remove any possibility of private commercialization and ensure its conservation,” the Knott-Cowen statement says.
According to the Knott-Cowen website, the proposed cruise port is a privately financed investment led by SSA Marine.
“We estimate that the construction investment of this project will generate more than 31,000 jobs in industries both directly and indirectly related to the new port in the state and regional economy and boost labor earnings by approximately $1.6 billion,” the Knott-Cowen statement says. “Once in operation, we estimate the new port will support more than 13,000 direct, indirect and induced jobs and generate $40 million per year in tax revenue for the county and school district.”
The cruise port approval process will include public hearings conducted by the Manatee County Planning Commission and the Manatee County Commission.
“The project team will engage with all relevant local, state and federal stakeholders, as well as government agencies, at the appropriate stages to ensure successful implementation, regulatory compliance and the maximization of public benefits while minimizing community disruption,” the website says.
The website notes the cruise port, if approved, would take three to five years to build.
OPPOSITION PETITION
The online petition is circulating in opposition to the proposed cruise port.
This graphic is posted on the Change.org petition page. – Change.org | Submitted
The petition, www.change.org/SaveRattlesnakeKey, was started by Manatee County resident Corey McKeever and the petition description says, “Building a cruise ship port here threatens not only our cherished personal experiences but also the fragile ecosystems supporting countless wildlife species.
“Rattlesnake Key is a unique coastal ecosystem brimming with marine life. Seagrass meadows, mangrove forests, and coral reefs thrive here, playing essential roles in supporting fish populations and protecting our shorelines.
“According to the National Oceanic and Atmospheric Administration, nearly 70% of Florida’s recreational and commercial fish species rely on these types of habitats at some point in their life cycles. Developing a cruise port could devastate these habitats, leading to irreversible damage to local fisheries,” the petition webpage says.
“Furthermore, the environmental impact of a cruise port is far-reaching. Studies conducted by the Environmental Protection Agency indicate that the average cruise ship emits the same volume of pollutants as a million cars daily. Our pristine waters are at risk of becoming polluted, jeopardizing water quality and public health.
“Join us in opposing the construction of a cruise ship port. Let’s stand together to protect our family’s swimming spots, fishing grounds and camping sites. Sign this petition to urge Manatee County officials to find alternative, more sustainable solutions for tourism development. We must act now before it’s too late. Preserve Rattlesnake Key for generations to come.”
As of Monday, Jan. 20, the petition had garnered more than 5,400 signatures.
A Facebook page, “Save Rattlesnake Key,” posted the following message: “Yard signs have been ordered! Be on the lookout for them around Manatee County. They will have a QR code that will take you directly to the petition. If there are any businesses that will allow a yard sign or a small sign in their window, please let us know.”
ANNA MARIA – City commissioners adopted a 60-day emergency ordinance that addresses existing city code that’s been preventing property owners from repairing their seawalls.
On Thursday, Jan. 8, the commissioners unanimously supported Mayor Mark Short’s request to adopt the emergency ordinance that’s now in effect and will later be replaced by a regular city ordinance.
The emergency ordinance allows impacted property owners to begin or resume seawall repair projects that had been on hold due to the ordinance language contained in the current city code.
When presenting his requested emergency ordinance, Short told commissioners the current ordinance stipulates that if there are three seawalls evenly aligned side-by-side and the middle seawall requires repair, the middle seawall cannot be extended further out into the canal than the other two canals.
“What you have in front of you is an emergency ordinance to allow repairs to seawalls” he told the commission.
Short referenced the current seawall ordinance that says, “Construction, inclusive of a buttress and seawall cap, shall not protrude more than 12 inches seaward of the existing seawall or seawall cap. Notwithstanding the foregoing, if there are two existing seawalls abutting the subject replacement seawall of differing seaward projections, then the subject replacement seawall shall be further limited to a seaward projection distance of no more than either equal to the immediately abutting seawall with the least projection or total seaward projection of 12 inches, whichever is more restrictive.”
“This changes one word: the word ‘more’ to ‘less,’” Short said. “Which means that seawall could be extended up to 12 inches out.”
Anna Maria’s residential canals are lined with seawalls. – Joe Hendricks | Sun
During the commission’s Nov. 13 meeting, Commissioner Chris Arendt brought the seawall ordinance concerns to the city commission’s attention. He was joined in doing so by Duncan Seawall, Dock & Boat Lift owner and vice-president Mark Liebel.
Liebel said he’s owned Duncan Seawalls for 29 years and doesn’t recall the city amending its seawall ordinance during the time. He said the code might be outdated and the city may have changed how it interprets the long-standing seawall regulations.
He mentioned one project in particular that was being delayed by the existing city code.
During the Jan. 8 meeting, Arendt said, “I have a lot of people that were very interested in this issue. If we vote on this today, will it take immediate effect?”
“It will take immediate effect,” Short replied.
Short noted the planning and zoning board was scheduled to review and discuss a proposed permanent seawall ordinance in December but that meeting was cancelled. The board is now expected to review the proposed non-emergency seawall ordinance at its Jan. 21 meeting.
The adoption of a regular city ordinance requires two advertised city commission public hearings that allow for public input. Short said the 60-day temporary ordinance provides time for the planning board and the city commission to review and discuss the proposed regular ordinance that he referred to as the “permanent fix.”
Longtime Anna Maria Island Sun employees Bob Alexander (general manager, classified ads and distribution) and John Reitz (accounting and finances) are the new owners of Longboard Communications and the Anna Maria Island Sun.
As the new owners, they’ve named longtime Sun reporter Joe Hendricks to serve as The Sun’s next editor. Joe will also continue serving as a full-time reporter, covering the cities of Anna Maria and Holmes Beach and beyond while working in unison with the editorial staff that includes Bradenton Beach and Cortez reporter Leslie Lake, columnists Louise Bolger (Castles in the Sand) and Rusty Chinnis (Reel Time), regular contributor Capt. Rick Grassett and award-winning cartoonist Steve Borggren.
Ricardo Fonesca and Elaine Stroili will continue providing their talents to the Sun’s graphics and advertising departments; and Ricardo will continue laying out the weekly print issues he’s expertly crafted for many years.
Tony McNulty and Brian Smith will continue assisting Bob with the weekly distribution of the Sun’s print issues.
Advertising Director Shona Otto will continue working with the Island’s business owners and business community, and Leslie Ketchum will continue providing her accounting and financial expertise.
We also look forward to the new Sun website currently being developed and soon to be launched by Sande Caplin & Associates.
The Sun ownership, management and staff thank all the advertisers, readers and supporters who’ve been with us during The Sun’s first 25 years. We now plunge into our 26th year with the same unwavering commitment to the fact-based, community-focused reporting and newspaper services envisioned and championed by our founders and former owners, Mike and Maggie Field (Maggie passed away in 2019).
ANNA MARIA – The city of Anna Maria and the Sarasota-based Mote Marine Laboratory mutually agreed to terminate the lease agreement that allowed Mote’s Marine Education, Science & Outreach Center to operate rent-free on the City Pier before the pier walkway was destroyed by Hurricane Milton in October 2024.
City commissioners unanimously approved the lease termination on Thursday, Jan. 8.
Charlotte and Jocelyn Bitner, from Orlando, touched a live horseshoe crab when Mote’s Marine Education, Science & Outreach Center opened on May 5, 2023. – Joe Hendricks | Sun
Featuring a touch tank containing live marine life and other live and virtual educational exhibits, the pier-based Mote facility opened in May 2023 and occupied the larger of the two city-owned pier buildings at the T-end of the pier until Hurricanes Helene and Milton struck.
Tampa Bay Marine is currently constructing the new pier walkway to be completed by March 31 and most of the solid concrete pier pilings are already driven. Mayor Mark Short anticipates the City Pier fully reopening this fall.
On Thursday, Jan. 8, the Tampa Bay Marine crew was preparing to begin driving the pier pilings closest to the shore. – Joe Hendricks | Sun
The smaller pier building on the northwest end of the pier has been emptied of its contents but remains leased to Anna Maria General Store owner Brian Seymour and his business partners, Vic Mattay and Nick Graham. Operating as GSM Partners LLC, the trio opened their City Pier Grill & Bait Shop in December 2020.
Both city-owned pier buildings remain inaccessible to foot traffic until the new walkway is completed.
Lease terminated
When presenting the termination request, Short said, “Over the past several months, we have been in discussions with Mote regarding their existing lease. Through those discussions, as well as conversations with county commissioners, the county administrator and the TDC (Tourist Development Council), we are all in mutual agreement that it makes sense to terminate the Mote lease. It’s a mutual termination of the lease.”
When asked how the city will conduct its search for a new tenant to occupy the larger pier building, Short said a public meeting in January or early February will be held to solicit city commission input on how to proceed with that search. Short said he’d also confer with the city’s contracted engineering firm and Tampa Bay Marine regarding any structural improvements needed to accommodate a different use of the vacant pier building.
When Commission Chair Charlie Salem sought a motion to terminate Mote’s lease agreement, Commissioner Gary McMullen said, “I happily move to approve that.”
The commission then voted 5-0 in favor of the termination.
Letter to mote
The Jan. 8 agenda packet includes the termination letter to be sent to Mote President and CEO Dr. Michael Crosby for his co-signature.
Short’s letter to Crosby began by expressing the city’s appreciation and gratitude for the partnership with Mote Marine.
“As you are aware, the two hurricanes in 2024 caused extensive damage to the pier, including destruction of the walkway leading to the outreach center and the loss of all mechanical infrastructure. In addition, all fixtures and furnishings have been removed to allow the city to properly remediate and make repairs to the buildings,” the letter says.
“In addition, Manatee County is planning to bring an expanded ferry service directly to the pier, which will significantly increase foot traffic on the pier and has raised concern regarding visitor flow, safety and long-term best use of this space.
“In light of these changed circumstances, the city of Anna Maria would like to revisit our agreement regarding the outreach center. The city proposes mutually terminating the lease agreement which would allow both the city and Mote to move forward with their respective priorities,” the letter says.
Lease negotiation timeline
The original wooden City Pier was built 1911 and frequented by the steamboats and other vessels that transported people and supplies to and from Anna Maria Island.
The current pier buildings were part of the previous pier construction project completed in 2020 after Hurricane Irma damaged the existing wooden pier in 2017.
In January 2020, the city commission rejected longtime City Pier tenant Mario Schoenfelder’s offer to lease the new pier buildings. In May 2020, Holmes Beach-based restauranteur Sean Murphy withdrew his offer to lease the pier space to operate a restaurant. Murphy withdrew his offer days after the commission voted 4-1 to authorize Mayor Dan Murphy to begin lease negotiations with Sean Murphy.
In August 2020, the commission voted 3-2 to reject the lease proposal received from the owners of the Ugly Grouper restaurant in Holmes Beach.
In September 2020, the commission voted 4-0 to authorize Mayor Murphy to begin lease negotiations with Seymour and his partners. The grill and bait shop then opened that December. The group’s initial five-year lease was scheduled to expire on Dec. 31, 2025. After the hurricanes, the monthly lease payments were suspended until the pier reopens and the lease expiration date has been extended to account for the time lost because of the hurricanes.
When his discussing his lease with Short and the city commission last June, Seymour expressed interest in renegotiating the lease terms before reoccupying the smaller pier building and extending the lease for five more years.
In September 2021, the city commission voted 4-1 to approve the 10-year, rent-free lease agreement with Mote. Commissioners Carol Carter, Doug Copeland, Jon Crane and Deanie Sebring supported the Mote agreement and Short, a city commissioner at the time, opposed it.
“I don’t think having Mote on the pier is a bad thing. Although, to be honest, I’m not necessarily convinced it’s the best thing,” Short said at the time.
Short felt the pier building should have been occupied by a restaurant operator.
After numerous delays and missed deadlines, the Mote outreach center opened on May 5, 2023.
County Commissioner Kevin Van Ostenbridge, Mayor Dan Murphy and Mote Marine’s Dr. Michael Crosby cut the ribbon to celebrate the opening of Mote’s Marine Education, Science & Outreach Center in May 2023. – Joe Hendricks | Sun
BRADENTON BEACH – After much discussion about allowable parking uses at the Bungalow Beach Resort, the planning and zoning board, on Jan. 7, recommended approval of a major development application for a two-story, 15-guest room hotel to be built at 2000 and 2104 Gulf Drive N.
A public hearing notice sign was placed on the resort property. – Joe Hendricks | Sun
Architect John Garra, speaking on behalf of resort owner Gayle Luper, addressed concerns about City Planner Luis Serna’s recommendation to restrict parking at the resort.
“There was one other section in the staff’s comments that I believe is more stringent than the city’s land development code (LDC) and it’s related to parking,” Garra said, “It’s very limiting to what it says the parking can be used for. The way it was written excludes vendors and guests from parking in the parking lot, which is more restrictive than the LDC.”
He suggested a better recommendation would be to follow the LDC.
“The way it’s written now restricts the property owner from doing what they rightfully should be able to do,” he said. ”If a vendor is coming in to deliver some products, they can’t park there? The wording is too limiting.”
Garra said the site plan, with 17 parking spaces, meets the city’s parking and loading space requirements.
Planning and Zoning Board members Bill Morrow, John Burns, Dan Morhaus and Ken McDonough discuss parking restrictions for Bungalow Beach major development application. – Leslie Lake | Sun
Prior to a presentation by Serna, the board members questioned Garra and board member Bill Morrow asked about ingress and egress for the property.
“That is under review by FDOT,” engineer Greg Fisher said.
Board member John Burns questioned the FEMA regulations for ground-level restrooms on the property.
“That’s a technical detail that’s covered under the Florida Building Code,” Garra said. “It’s not the zoning code necessarily. If you approve this, the onus is on us to make it work under the Florida Building Code.”
Serna said the FEMA does allow dry flood-proof facilities at ground level in commercial uses.
“The project will have to go through building permitting, so if you do want to approve it with the condition that it’s approved as long as it meets all the conditions of the Florida Building Code and is able to secure a permit, you can make that a condition of the approval,” City Attorney Erica Augello said.
SERNA PRESENTATION
Serna read his nine recommendations for the major development site plan approval.
Those recommendations included: a unity of title for parcels on the site; driveway to be subject to final approval by FDOT; meet signs standards of the LDC; no trees located closer than 2.5 feet from the edge of any landscaped area; off-street loading zone not to encroach into five-foot minimum landscaping buffer, maximum impervious area is 40% and compliance can be determined administratively.
It was the first recommendation, which was related to parking, that was the subject of much debate and it read as follows:
“Parking for this site (2000 and 2104 Gulf Drive North) shall be limited to use by employees and overnight guests of the resort on this site. No parking for uses off-site (sites other than 2000 and 2104 Gulf Drive North) or for other non-overnight guests shall be permitted without prior review and approval of a special permit for such parking in accordance with the requirements of Section 416.2 of the land development code.”
“The applicant does own properties that are adjacent to this property, and we wanted to clarify parking for those offsite properties will not be permitted on the site you’re considering today unless they get a special permit use. That’s a requirement of the LDC,” Serna said.
“Also, if there’s any paid parking for people who are not overnight guests or vendors or employees of the facility – a paid parking lot basically – that would require special permit approval as well,” he said.
He recommended keeping that condition but clarified that vendors would be permitted.
“I think if you want the conditions in, you put the conditions in. If you want the condition to comply with the code, then you don’t need the condition,” Augello said. “They are required to comply with the code.”
“If we put it in, the commission could take it out,” Burns said. “Let’s leave it in.”
Vice-Chair Dan Morhaus suggested eliminating the parking condition.
“We shouldn’t try to legislate much more restrictive covenants because that creates a huge problem, not only for enforcement, but if you want to make a change through code enforcement then you have to filter back through a myriad of what kind of special conditions were added on,” he said. “The only recommendation I would make is to eliminate number one.”
Parking at the Bungalow Beach Resort property remains a point of contention. – Leslie Lake – Sun
Burns asked for a consensus about retaining the parking conditions and Morrow and Ken McDonough also voted to retain them.
“The majority will rule,” Morhaus said. “This is a restriction beyond the building code.”
After reaching 3-1 consensus to retain Serna’s recommended parking conditions (with Morhaus in opposition), the board unanimously approved a motion to recommend approval of the major development plan. Board chair Fred Bartizal was absent with excuse from the meeting.
The city commission determines final approval and will hold a public hearing on the major development plan on Thursday, Feb. 5, at 6 p.m.
BRADENTON BEACH – Bungalow Beach Resort owner Gayle Luper emailed City Planner Luis Serna to register a protest against the parking stipulations he recommended to the planning and zoning board.
On Jan. 7, the planning and zoning board (P&Z) voted 4-0 to recommend approval for a major development site plan for Bungalow Beach Resort with the attached parking restrictions recommended by Serna
Serna’s recommendation to the board stated: “Parking for this site (2000 and 2104 Gulf Drive North) shall be limited to use by employees and overnight guests of the resort on this site. No parking for uses off-site (sites other than 2000 and 2104 Gulf Drive North) or for other non-overnight guests shall be permitted without prior review and approval of a special permit for such parking in accordance with the requirements of Section 416.2 of the land development code.”
The proposed hotel would be built on the Bungalow Beach Resort property in Bradenton Beach.
The major development plan consists of a 15-guest room hotel with two stories over parking and an outdoor pool area.
In her Jan. 8 email, Luper expressed appreciation for the approval but placed several objections and legal concerns on the record.
One objection is that the P&Z board exceeded its authority, and she wrote: “The planning & zoning board is an advisory body tasked with reviewing development applications for consistency with the city’s adopted land development code. It is not empowered to create new rules, conditions or operational standards that are not already codified.”
Luper cited Section 410.6 of the city’s land development code (LDC) which governs major development plan applications.
“Nowhere does it authorize the board to regulate day-to-day parking operations or impose conditions beyond the written code,” she wrote.
Luper stated that parking restriction is unsupported by the LDC and such standard has never been applied to neighboring hotels.
She stated the parking restriction would apply to the following:
• Architects, engineers, builders, sub-contractors and construction Inspectors.
• Vendors and suppliers.
• Housekeeping and maintenance personnel.
• Prospective guests.
• Investors, bankers or potential buyers.
• Hotel inspectors, media and Realtors.
• Friends or colleagues.
• Family members, grandchildren or personal guests.
• The owner/operator’s use of their private property.
Luper stated the restriction lacks legal basis and she wrote, “The city has not cited a single code section that prohibits myself, family, guests or professional consultants from parking on private resort property,” she wrote.
Luper stated the restrictions raise due process and property rights concerns under both the Florida Constitution and the U.S. Constitution.
“Absent a clear code violation or compelling public interest, government cannot selectively dictate who may visit or park on private property lawfully operating as a resort,” she wrote.
Luper stated that she is accepting the parking conditions under protest to the keep the project moving forward.
“I reserve all rights to challenge the condition later – particularly if it is applied in a manner that interferes with lawful use, or treats my property differently from similarly situated properties,” she wrote.
She asked that her concerns be entered into the official record and be given consideration by city staff, the city attorney and the city commission.
The city commission is scheduled to hold a public hearing on Luper’s major development application on Thursday, Feb. 5, at 6 p.m.
