FDEP allows beachfront development
ANNA MARIA – In a move that critics label “rogue,” the Florida Department of Environmental Protection (FDEP) will allow Fedora Campbell to build a beachfront home seaward of the Coastal Construction Control Line (CCCL).
On Tuesday, July 20, FDEP issued its final order regarding Campbell’s 2020 development request for her vacant beachfront property at 105 Elm Ave.
“The final order granting Fedora L. Campbell’s application for a Coastal Construction Control Line (CCCL) permit to construct a single-family residence and associated structures seaward of the CCCL on Anna Maria Island in Manatee County, Florida is approved subject to the general and specific conditions set forth within the permit,” according to the final order, signed by interim FDEP Secretary Shawn Hamilton.
The order notes that any party to the proceeding has the right to seek judicial review by filing a notice of appeal with the Office of General Counsel in Tallahassee within 30 days.
The order does not allow Campbell to seek recovery of the attorney fees she incurred as the result of the administrative challenge posed by some neighboring property owners.
Campbell’s undeveloped lot is located seaward of the beachfront home at 107 Elm Ave., which North Carolina residents Wendy and Robert Jordan purchased for $4 million in April through their WAJ Rustic Vacations LLC. Wendy Jordan was born and raised in Florida.
The Jordans’ home is currently the most seaward home on that side of Elm Avenue and the construction of a new home at 105 Elm Ave. would at least partially obstruct their existing view. According to an email that Wendy Jordan sent Anna Maria Mayor Dan Murphy, the Jordans were unsuccessful in their recent efforts to purchase Campbell’s property for $2 million.
However, according to the official records of Manatee County, the Jordans did successfully purchase from Steven Decker the undeveloped lot at 103 Elm Ave. for $500,000. 103 Elm is seaward of Campbell’s property, which is now positioned between two properties owned by the Jordans.
Judge recommends order
FDEP’s order references a recommended order that Administrative Law Judge Francine Ffolkes issued on June 7. Ffolkes’ ruling was the result of a multi-day formal administrative hearing she conducted on behalf of the Florida Division of Administrative Hearings (DOAH).
In her written recommended order, Ffolkes stated, “Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that DEP enter a final order granting respondent Campbell’s application for a CCCL Permit to construct a single-family residence and associated structures seaward of the CCCL.”
The administrative hearing was requested by petitioners David Morris, Ling Liu, DAR Real Estate Enterprises and Richard Theidel in opposition to the FDEP construction permit and notice to proceed issued to Campbell in June 2020. The Jordans also oppose the FDEP permit but they are not named as petitioners in Ffolkes’ recommended order or FDEP’s final order.
“The structure authorized by FDEP’s CCCL (Coastal Construction Control Line) permit will substantially advance seaward the established line of existing construction,” the petitioners claimed in the petition for a formal administrative hearing filed on their behalf in August 2020.
“Petitioners specifically allege that as presently designed and authorized by Permit No. ME-1341, Campbell’s proposed structures do not comply with the applicable requirements and are not eligible for a CCCL permit. Petitioners seek a final order revoking Permit No. ME-1341,” that 2020 document states.
City permits required
The development of Campbell’s vacant lot at 105 Elm Ave. will still require city-issued building permits. As of Friday, City Clerk LeAnne Addy said the city had not received a building permit application for that property.
On July 6, Anna Maria Building Official Luke Curtis sent an email to Mayor Dan Murphy regarding the potential development of 105 Elm Ave. Curtis’ email noted that previous determinations provided by separate consulting groups in 2017 and 2018 confirm that 105 Elm Ave. is a buildable lot according to city code.
Despite being considered a buildable lot, the development of 105 Elm could still be hindered by the fact that Elm Avenue currently ends near the Jordans’ driveway and does not provide direct access to Campbell’s property.
In his email, Curtis stated, “Prior to any building permit being accepted by the building department, a development permit, along with a site plan including but not limited to access to the property, sewer, water and electric utilities, will need to be considered and approved by city commission.”
Preserve AMI
Assisted by Patrick Coyne, the Jordans recently launched the Preserve AMI campaign that addresses the Jordans’ efforts to preserve their own beachfront view while also addressing larger-scale concerns about the impact the FDEP ruling could have on many other undeveloped beachfront properties along Anna Maria Island’s Gulf of Mexico coastline.
The PreserveAMI.com website contains an online petition that’s been signed by more than 1,000 people. The website also contains a video in which land surveyor Jeff Hostetler explains the permitting dispute and how the Jordan’s home was built for the previous owner according to the CCCL restrictions that existed in 2012.
When contacted about FDEP’s final order, Coyne declined comment and directed The Sun to the Preserve AMI website which now includes the headline: “Florida Department of Environmental Protection did not do the right thing!”
The website also states, “This rogue ruling could now start a destructive domino effect that could destroy our beloved AMI beaches, dunes, history, wildlife and tradition forever.”
In reference to Murphy and the Island’s other elected officials, the website says, “Now the solution to save our city of Anna Maria dunes and existing healthy ecosystem by stopping this new Florida DEP precedent is in Mayor Dan’s hands and all of our other local city of Anna Maria elected officials. Let’s see if they feel the same as we do about pushing new boundaries of construction into our dunes that the FDEP has until now protected.
“This is not just a local 105 Elm Ave. issue. This is an Anna Maria Island issue. Bradenton Beach Mayor John Chappie and Holmes Beach Mayor Judy Titsworth, please unite with Dan to help protect and preserve all of Anna Maria Island,” the website states.
It also states, “Tell Florida’s DEP Secretary to do the right thing.”
Signs, signs
The Preserve AMI campaign includes signs placed at and near the Jordans’ home. A visit to that area on Thursday, July 22, revealed two Preserve AMI signs alongside the Jordans’ driveway and another erected alongside the Elm Avenue beach access pathway. All three signs referenced Mayor Dan doing the right thing.
According to Anna Maria Code Enforcement Manager Debbie Haynes, the signs are legally placed on private property, but the Jordans were previously cited and fined $250 for a campaign-related sign placed on their property that exceeded the size allowed by the city’s sign ordinance.
According to a recent email exchange between Wendy Jordan and Murphy, the Jordans have requested a private meeting with Murphy. As of Friday, an in-person meeting had not yet been scheduled because the Jordans had been unavailable. In one email, Jordan noted Murphy is unwilling to conduct the meeting remotely via Zoom video conferencing.
When contacted by The Sun, Murphy declined to comment publicly on these matters. The Sun’s efforts to obtain comments from Campbell and her associates have not yet garnered any response.
