Bradenton Beach will bank $350,000 in a court account to settle a longstanding property dispute with a developer.
The 4-1 vote to deposit the money came Dec. 2, with Commissioner Janie Robertson opposing the action. Robertson has advocated a settlement with Island Inc./Beach Development Inc. over unbuildable Gulffront property. However, she said before the city deposited the money with the court she wanted to read all documents related to the case, including a title to the property and an environmental study received earlier Dec. 2.
The dispute dates back more than a decade to when developers acquired 2.6 acres of property, most on the bayside, some on the Gulfside, with Gulf Drive bisecting the land.
The developers knew when they purchased the property that a portion of it was identified for preservation in the city’s future land-use map and comprehensive plan.
However, the developers also were aware when they purchased the land that the city had committed to allow for a higher density in the bayside project because it had deemed the Gulfside property undevelopable.
But as the project moved forward, developers encountered a hitch. City height restrictions got in the way of a denser development by the bay.
An effort to build a smaller project on the Gulfside also hit a roadblock, and the legal battle escalated, with the parties focused on a half-acre of preservation land on the Gulfside and what should or could happen with 10 unbuilt units provided for in city planning documents.
The general terms of a settlement in the case were reached earlier this year, with the city commission agreeing to pay the developers $350,000 and the developers agreeing to furnish a clean title to the beachfront property.
On Dec. 2, city attorney Ricinda Perry presented the commission with a draft of the formal settlement agreement and the recommendation that the city deposit $350,000 with the court.
“The city has come to a point where we can settle with the plaintiff and the plaintiff can settle with us,” Perry said.
Commissioners reviewed the agreement for about an hour, with their chief concern being what happens to the $350,000 if, for some reason, the deal were to fall through or the court failed to approve the agreement.
Perry said the city’s money would be “held until all the pieces come together.… If things fall apart, all of the money reverts back and we’re starting all over again.”
During public comment at the meeting, Bradenton Beach resident and business owner Tjet Martin opposed a settlement.
“I just want to say, don’t do it. Plain and simple,” she said. “Don’t do it.”
Bradenton Beach Mayor Bob Bartelt made it clear that the city was committed to settling. “This has been a hot potato,” he said. “A real hot potato.”