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 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.
Related coverage:
Planning board discusses Bungalow Beach hotel parking restrictions
