Looks like Elm Avenue may soon be home to new construction.
City commissioners unanimously voted June 9 to approve a right of way use permit allowing the creation of a public vehicle access drive to connect Elm Avenue to a currently undeveloped lot at 105 Elm Ave. with one stipulation.
The stipulation is that, in order for the permit to be approved, commissioners must also approve revised plans to be submitted by the applicant to better address drainage at the end of Elm.
The permit would allow the construction of a 12-foot-wide and 68-foot-long access drive, consisting of 12-inch-thick 250 rock mix alongside the existing beach access path and pedestrian bridge.
The access drive would connect the roadway to a proposed 2,144-square-foot three-story single-family home at 105 Elm Ave., which property owner Fedora Campbell hired Anna Maria-based Gagne Construction to build for $1.635 million.
The Florida Department of Environmental Protection provided a notice to proceed and a permit for the proposed development in June 2020.
The proposed home would be built in the city’s conservation zone, which allows limited development, and seaward of any existing home on the roadway.
A few neighbors entered into litigation to stop the development, but an administrative law judge ruled in 2021 to uphold the FDEP’s 2020 building permit.
In response, Wendy Jordan, owner of neighboring property at 107 Elm Ave., began the “Preserve AMI” campaign consisting of signage and advertisements asking city officials to reject permitting for the property.
Now, the project may hinge upon the city’s approval of the proposed right of way permit.
It got off to a rocky start May 16, when the planning and zoning board’s motion to recommend city commission approval of the permit failed on a 2-2 vote.
Nevertheless, Mayor Dan Murphy recommended commissioners approve the permit.
“I highly recommend that we do approve it,” Murphy said. “I don’t like development in the environmental zone. …But for the sake of this city, I strongly recommend that you give it due consideration.”
Public comment
Public comment was a mixed bag of back-and-forth arguments.
Attorney Lionel Rubio, from the Winter Park-based Winderweedle, Haines, Ward & Woodman law firm, represented Jordan. He said, if the city approved the proposed permit, it would spur the development of the other eight buildable lots in the conservation zone.
Rubio added that the proposed vehicle access drive may not provide emergency vehicles, such as fire engines or ambulances, easy access due to its size and shape.
He requested city commissioners deny the permit due to inconsistency with the city’s comprehensive plan, or impose restrictions addressing such safety concerns.
City planner Chad Minor said the proposed vehicle access drive had been reviewed by West Manatee Fire Rescue staff, who “had no issues” since their fire engines could still park within 150 feet of the structure.
Real estate developer Stephen Hansen, whose family previously owned 107 Elm Ave., said that the proposed vehicle access drive was seaward of the DEP’s 30-year erosion projection line and could impact dune stability. He said such a combination could create a “flood interstate” that may bring stormwater “aggressively landward.”
Attorney Kevin Hennessy, from the St. Petersburg-based Lewis, Longman & Walker law firm, represented Campbell at the meeting and said Hansen had taken part in the previously failed litigation, and his arguments didn’t fly there.
Resident Richard Theidel asked if Campbell’s planned improvements for the right of way would improve stormwater drainage at the end of Elm, which he said already frequently floods during inclement weather.
Hennessy said plans for the right of way included “extensive” improvements for the area’s drainage.
Determination
Commenters’ concerns about drainage at the end of the roadway seemed to resonate with city officials.
Murphy said such concerns were “very valid.” He said repeatedly driving over 250 rock mix, which was proposed for the vehicle access drive, can compact the material and make it less pervious than intended.
“It’s our problem that we have on Pine Avenue,” Murphy said. “Our 250 sand, which was touted at the time to be the savior of all our issues on Pine Avenue, turned out to be our nemesis. …We’ve spent hundreds of thousands trying to fix that.”
Murphy, while reiterating his recommendation to ultimately approve the permit, suggested city staff design drainage measures for the right of way that the applicant must abide by to gain city approval.
Hennessy said the city couldn’t impose a “blank check” payment upon Campbell for its engineers’ work. He said he would prefer their team design new drainage measures, which the city could then review.
City attorney Becky Vose said the commission could approve the permit subject to their later approval of a beach access and drainage improvement plan submitted by the applicant.
Commissioner Robert Kingan moved to approve Vose’s recommended motion.
Commissioner Jonathan Crane seconded the motion, which passed.
Murphy said the revised drainage improvement plan would be brought back before commissioners at a later date.
In other matters…
Anna Maria Mayor Dan Murphy provided updates for a couple of other city matters, such as:
- Announcing plans to seek Manatee County concession funds to pay for a $207,450 study to determine a permanent solution for the Lake La Vista inlet, which requires regular dredging at the cost of the city. Gov. Ron DeSantis vetoed the city’s appropriation request for the money.
- Filing a complaint June 8 with the 12th Judicial Circuit Court for injunctive relief against Mangoes on Magnolia. The city seeks a one-year suspension of the LLC’s vacation rental license after a rental property it owns at 313 Magnolia Ave. was declared a public nuisance for violating the city’s noise ordinance five times in less than 10 months.
The commission will meet next at 6 p.m. Thursday, June 23, at city hall, 10005 Gulf Drive. The meeting will be open to the public. Directions to attend via Zoom can be found at cityofannamaria.com.