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Right of way permit approved for 105 Elm Avenue

Right of way permit approved for 105 Elm Avenue

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – Fedora Campbell is one step closer to building her long-desired beachfront home at 105 Elm Ave.

During an emergency city commission meeting on July 21, the Anna Maria Commission voted 5-0 in favor of granting final city approval of the right of way use permit that will allow Gagne Construction to extend Elm Avenue at Campbell’s expense.

The unpaved extension of Elm Avenue will provide a driveway connection and utilities access to the three-story home to be built on Campbell’s property, but the city-issued permit must first be reviewed and approved by the Florida Department of Environmental Protection (FDEP).

On June 9, the city commission tentatively approved Campbell’s right-of-way use permit request with the stipulation that final commission approval would be contingent on additional drainage elements to be designed and installed in the city right of way at Campbell’s expense to address existing and future flooding concerns at that street end.

Several years ago, Elm Avenue was extended in a similar unpaved manner – minus the additional drainage components – to provide driveway access for the beachfront home built at 107 Elm Ave. The west end of the avenue currently ends near the driveway of the 107 Elm Ave. home that North Carolina residents Wendy and Robert Jordan purchased in 2021. There is also a beach access point and a walkover bridge at that street end.

Right of way permit approved for 105 Elm Avenue
Commissioner Robert Kingan, left, praised the plans presented by Madison Larkin. – Joe Hendricks | Sun

During Thursday’s meeting, Gagne Construction Office Manager Madison Larkin presented the plans for the additional drainage components previously requested by the commission. Larkin said the proposed drainage elements resemble the vertical infiltration trenches the city recently had installed along Pine Avenue.

The right-of-way improvements will also include the installation of a 3-foot-wide beach access along the north side of the city right of way that will connect with a trail that now leads to the beach. The walkover bridge will be removed and replaced with sea oats and/or other FDEP-approved native vegetation.

“This is a fantastic site plan,” Commissioner Robert Kingan said after Larkin’s presentation. “I’ve seen thousands of site plans during my career and I really want to applaud you for this. The new access to the beach is going to be much narrower than what’s there now, so we’re going to have a net gain of natural vegetation.”

Kingan then noted there are other undeveloped beachfront properties that could potentially be developed in a similar manner.

“This is a great site plan – a great blueprint if ever we face this sort of situation again,” he said.

Right of way permit approved for 105 Elm Avenue

The west end of Elm Avenue currently ends near a beach access point and the driveway for the home at 107 Elm. – Joe Hendricks | Sun“This is a great site plan – a great blueprint if ever we face this sort of situation again,” he said.

Commissioner Mark Short asked if any of the city-owned rights of way would become privately-owned property during the street extension and right of way improvement process. City Planner Chad Minor said the improved right of way will remain city-owned and accessible to anyone.

Adjacent properties

Commissioner Jon Crane said he recently visited the Zillow website and saw the undeveloped property at 103 Elm listed for sale. Currently owned by the Jordans, the 103 Elm property is located directly seaward of Campbell’s property.

The Jordans purchased 103 Elm in April 2021, a few weeks after they purchased the home at 107 Elm. During that same timeframe, they were unsuccessful in their efforts to purchase Campbell’s undeveloped property at 105 Elm which would have preserved their mostly unobstructed view of the beach and the Gulf of Mexico.

Right of way permit approved for 105 Elm Avenue
Fedora Campbell’s home will be built in front of the existing beachfront home at 107 Elm Ave. – Joe Hendricks | Sun

Crane asked if the right of way permit being issued to Campbell for the extension of Elm Avenue would preclude future access to the 103 Elm property should a future owner wish to develop that property.

In response, Mayor Dan Murphy said he didn’t think that question could be addressed at this time because there hasn’t been a request to develop that property and because it has not yet been determined whether 103 Elm is considered to be a buildable or non-buildable lot according to city code.

“Those are questions that would have to be answered. Then we could discuss how that would be accessed,” Murphy said.

Regarding the impact of Campbell’s right-of-way permit, Murphy said, “This doesn’t preclude anything. It’s an improvement to city-owned property and it doesn’t address access to 103 at all. It only addresses 105. I don’t think we can take an official position on that one way or another and I think it’s a slippery slope if we do.”

The Zillow.com listing for 103 Elm says, “Unique opportunity to purchase the last remaining most seaward buildable lot at the prestigious north end of Anna Maria Island. 110 feet of white sand frontage with uninterrupted panoramic ocean views. Recent state and city precedents have opened up this site for an owner to creatively design a beautiful beach house, casita or something more contemporary.”

After a recent commission meeting, Wendy Jordan told The Sun that she and her husband would consider selling the home at 107 Elm if Campbell’s right of way permit was approved. That home is currently listed for sale at Zillow.com with a $6.3 million asking price. According to the Manatee County Property Appraiser’s Office, the Jordans purchased the home from Graham Hanson in April 2021 for $4 million. The Jordans purchased the vacant lot at 103 Elm from Steven Decker for $500,000 and the current Zillow listing for that property includes a $1.65 million asking price.

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Street extension tentatively approved for 105 Elm Avenue

Street extension tentatively approved for 105 Elm Avenue

Street extension tentatively approved for 105 Elm Avenue

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The city commission has tentatively approved the right-of-way permit needed to build a new beachfront home at 105 Elm Ave. opposed by several neighbors, including one whose beach views would be obstructed.

The unanimous commission approval granted on June 9 is contingent on additional drainage trenches being designed and installed at property owner Fedora Campbell’s expense along the portion of Elm Avenue to be extended westward to provide a connection to Campbell’s currently undeveloped lot.

Street extension tentatively approved for 105 Elm Avenue
This planning document illustrates where the driveway and street extension would be located. – Gagne Construction | Submitted

The plans for the additional drainage elements desired by the mayor and commission must be approved by the commission before the permit is issued. Final review and approval of the right of way permit will also be required from the Florida Department of Environmental Protection (FDEP) before the city issues a permit. A right-of-way permit is needed before a building permit can be approved by the city.

Staff presentation

Thursday’s public hearing began with a staff presentation by City Planner Chad Minor. Minor noted Campbell’s undeveloped property is one of nine remaining properties in the city’s CON-1 Conservation zoning district eligible for potential development according to the city’s comprehensive plan.

Minor said the paved portion of Elm Avenue currently ends approximately 25 feet east of the street end and beach access point, which is near the driveway of the vacation home at 107 Elm Ave. owned by Wendy and Robert Jordan.

Street extension tentatively approved for 105 Elm Avenue
Fedora Campbell’s undeveloped property is located directly in front of Wendy and Robert Jordan’s beachfront home. – Joe Hendricks | Sun

Minor said a similar right-of-way permit and street extension were granted for the previous owner of the 107 Elm property when it was developed in 2010. That permit allowed the street to be extended to the west using a 250-grade sand mix.

After Minor noted the Planning and Zoning Board voted 2-2 in May when asked to recommend commission approval or denial of the permit, Mayor Dan Murphy provided his own recommendation.

“I have a recommendation that we approve this right-of-way permit for Mr. Gagne and Ms. Campbell. I have spent with our staff and our attorney numerous hours evaluating this from the city’s point of view and my responsibility as the mayor. I don’t like development in the environmental zone. I grew up in a city just north of here (St. Petersburg) which was basically consumed by development. It’s not something I like, but for the sake of this city I strongly recommend that you give it due consideration,” Murphy said.

Applicant’s presentation

Attorney Kevin Hennessy and project engineer Erin Tumolo gave the applicant’s presentation and Campbell also addressed the commission.

Hennessy said Campbell would bear all costs associated with the road extension. He said Campbell’s property was platted in 1912 and purchased by her father in 1925.

Campbell, a Bradenton resident, said she began visiting Anna Maria when she was about 2 years old, and when her parents later moved the family to Anna Maria, her father built a hotel on Spring Avenue that’s still standing.

“When we lived on Spring, we used the lot in question often. My mother loved the beach. As I was growing up, we had many parties there – cookouts, bonfires and wiener roasts. This road we’re talking about now, we traveled on to our property. It was just sand and shell. Hopefully, I can build a home that I’ve been dreaming of for many years. My children are all here today and this is something I want to do for them. I want it to stay in our family for my grandchildren,” Campbell said.

Hennessy said that in 2020, FDEP issued Campbell a notice to proceed and a permit to build seaward of the Coastal Construction Control Line (CCCL). That permit was then challenged by a group of potentially-impacted property owners whose attorney argued that Campbell should not be allowed to build seaward of the CCCL.

Hennessy said the Jordans knew about the permitting challenge when they purchased the home at 107 Elm in April 2021. In June 2021, an administrative law judge recommended FDEP enter a final order granting Campbell’s CCCL permit, which interim FDEP Secretary Shawn Hamilton issued the following month.

Hennessy also mentioned the Preserve AMI opposition campaign the Jordans launched in response to the FDEP permitting process – a campaign that Commissioner Jon Crane said somewhat offended him.

Public input

During public input, property owners and FDEP permit challengers Richard Theidel and David Morris expressed concerns about the frequent flooding along Elm Avenue.

Street extension tentatively approved for 105 Elm Avenue
Neighboring property owner David Morris expressed concerns about flooding. – Joe Hendricks | Sun

Participating by phone, Steven Hanson said he purchased and developed the 107 Elm property later sold to the Jordans and he expressed concerns about flooding and the impact Campbell’s construction would have on the coastal dune system.

Hennessy said those concerns were among those raised and dismissed during the administrative hearing. The flooding concerns led Murphy to propose the additional street-side drainage elements required for the issuance of the right of way permit.

Representing the Jordans, attorney Lionel Rubio suggested the street extension would create traffic and parking issues and hinder first responders. Minor said West Manatee Fire Rescue personnel reviewed the plans and had no concerns about Campbell’s home impeding emergency access.

Street extension tentatively approved for 105 Elm Avenue
Fedora Campbell’s undeveloped property is located directly in front of Wendy and Robert Jordan’s beachfront home. – Joe Hendricks | Sun

The construction of Campbell’s home would significantly impact the Jordan’s current beachfront view. Wendy Jordan acknowledged they were aware of the permitting challenge when they purchased the home at 107 Elm but were told the challenge would likely succeed. She also said they tried to purchase the vacant lot from Campbell to preserve that undeveloped property.

Commission Chair Carol Carter asked about the impact the street extension would have on the existing wooden walkover bridge and beach access at the end of Elm Avenue.

Street extension tentatively approved for 105 Elm Avenue
The existing beach access and walkover bridge will need to be reconfigured to accommodate the westward extension of Elm Avenue. – Joe Hendricks | Sun

Murphy said the right of way permit would not grant Campbell the exclusive use of the extended street and street end and pedestrians and motorists could use that portion of the street to access the beach. Murphy said the walkover bridge could be removed and/or relocated depending on the additional drainage elements to be presented by Campbell’s engineer.

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Planning board reviews 105 Elm right of way permit

 

Permitting efforts continue for 105 Elm Ave.

Planning board reviews 105 Elm right of way permit

Planning board reviews 105 Elm right of way permit

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

ANNA MARIA – The right of way permit application needed to build a beachfront home at 105 Elm Ave. has been reviewed by the Planning and Zoning Board and is headed to the  city commission for a final vote.

To build on her undeveloped property, Fedora Campbell needs a city-issued right of way permit to extend the west end of Elm Avenue on city-owned property in an unpaved manner that would provide street access to her driveway.

Elm Avenue currently ends at the driveway of the home at 107 Elm owned by part-time Anna Maria residents Wendy and Robert Jordan. When built for the previous property owner, the home at 107 Elm required a similar city-approved road extension.

Planning board reviews 105 Elm right of way permit
This diagram illustrates in red where the new home would be built and in blue where Elm Avenue would be extended to provide driveway access. – City of Anna Maria | Submitted

The right of way permit sought by Campbell and Gagne Construction was reviewed by the planning board and City Planner Chad Minor on May 16.

After an 80-minute discussion, the board voted 2-2 on board member Bob Carter’s motion to recommend city commission approval of the right of way permit. Board Chairman Dr. Jose Erbella supported Carter’s motion and board members Charlie Salem and Barbara Zdravecky opposed it. Board member David Haddox recused himself from the discussion and vote due to a potential conflict of interest and board member Maureen Cote couldn’t vote because she joined the meeting by phone after Minor gave his staff presentation.

The tie vote means there is no planning board recommendation for the city commission to approve or deny the requested right of way use permit. The permit application is expected to be presented to the commission on Thursday, June 9.

Staff presentation

Minor’s presentation included an overview of the permitting efforts and the pertinent city codes. He also reviewed the zoning and comprehensive plan elements that pertain to Campbell’s property and eight other undeveloped properties on Elm Avenue and elsewhere in the city that share the same Conservation 1 (CON-1) zoning designation.

Minor said the eight remaining undeveloped CON-1 properties could potentially be permitted for development in a similar manner, but each property would have to be evaluated on an individual basis. Those undeveloped CON-1 lots include the 103 Elm property owned by the Jordans and located directly west and seaward of Campbell’s property.

Minor noted outside consultants contracted by the city when the permitting process began several years ago determined 105 Elm to be a buildable area according to city code. He also noted the Florida Department of Environmental Protection (FDEP) has authorized Campbell to proceed with her plans to construct a beachfront home seaward of state’s Coastal Construction Control Line (CCCL).

Minor presented an aerial map that showed the many homes and structures previously built in Anna Maria seaward of the CCCL with FDEP approval.

Planning board reviews 105 Elm right of way permit
The red line in this diagram represents the Coastal Construction Control Line and illustrates the many structures already built seaward of that line. – City of Anna Maria | Submitted

Minor also noted the city previously approved similar road extensions for residential developments at the ends of Maple Street and Park Avenue.

Gagne presentation

When making the applicant’s presentation, Gagne Construction Office Manager Madison Larkin explained how the desired right of way use permit complies with city codes, citing the applicable codes.

Larkin noted Campbell’s property previously received a determination of buildable area from the city, a letter of no objection from the city and an FDEP permit finalized in 2021.

She said 250 mix would be used as the surface material for the street extension and added that the city-approved right of way permit would be submitted to FDEP for final review.

Campbell attended the meeting but did not speak.

Jordan’s comments

During public comment, Wendy Jordan acknowledged the city has a tough decision to make. She said she’s concerned about losing her current view of the Gulf of Mexico but she and her husband will have to live with the commission’s final decision.

Jordan expressed concerns about preserving the existing dune systems, setting a precedent for additional development along the Anna Maria shoreline. She said they have no plans to develop their property at 103 Elm.

Jordan said the Preserve AMI campaign launched in 2021 in opposition to Campbell’s proposed development was never intended to disrespect anyone involved in the permitting process.

Related coverage

 

Permitting efforts continue for 105 Elm Ave.

FDEP allows beachfront development

FDEP allows beachfront development

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

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.

FDEP rules in favor of proposed beachfront development
Interim FDEP Secretary Shawn Hamilton issued the final order regarding 105 Elm Ave. – FDEP | Submitted

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.

FDEP rules in favor of proposed beachfront development
This map illustrates the many undeveloped beachfront properties near Elm Avenue. The Jordan property – with the house – and the vacant Campbell lot are highlighted in blue. – Manatee County Property Appraiser | Submitted

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.

FDEP rules in favor of proposed beachfront development
This Preserve AMI sign was recently placed alongside the Elm Avenue beach access walkway. – Joe Hendricks | Sun

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.