“You’re in trouble if you do and you’re in trouble if you don’t” was the theme of the Aug. 17 Bradenton Beach Planning and Zoning Board meeting.
Facing a dilemma over a city-initiated change in zoning, the P&Z reached out to the city commission for guidance.
The ordinance establishes a rezone for multiple parcels from Residential-3, or multiple-family dwelling, to MXD, or mixed-use zoning. Staff said the purpose was to correct inconsistencies between the zoning map and the future land use map in the comprehensive plan.
A comp plan provides guidance for growth through goals, objectives and policies. A permit, land use or zoning decision must be consistent with the comprehensive plan.
Zoning is how a city implements a comp plan. It establishes permitted and prohibited uses, as well as regulations for setbacks, building heights, subdivisions of land, fences and signs.
Staff requested the R-3 to MXD rezone of 2.53 acres between Second Street North and Cortez Road and between Gulf Drive North and Highland Avenue.
The properties encompass more than 20 residential lots and Oma’s Pizza and Italian Restaurant.
Also included are parking lots owned by ELRA Inc. and CCBB LLC — both naming restaurateur Ed Chiles as principal — at the corners of Third Street North and Gulf Drive North and Third Street North and Highland Avenue.
The P&Z previously rejected the proposed ordinance change at its June 15 meeting.
During a review of map inconsistencies in April, the P&Z recommended the parcels, as well as much of the surrounding area, be rezoned Residential-2 and the FLUM be changed to medium-density residential.
However, downzoning the area could open the city to legal action from owners who want the highest and best use from their property. An owner could claim the city is interfering with their vested right to the use of property.
State and federal provisions deal with protecting the rights of property owners, including Florida’s Bert J. Harris Jr. Private Property Rights Protection Act of 1995, which provides a process for owners to seek relief when property is affected by government action.
Likewise, the city could face legal action if a property owner purchases with the intent for a primary residence but the modified zoning only allows mixed-use and businesses.
Resident Evelyn Stob told commissioners at the Aug. 16 meeting of her concerns with the proposed rezone.
“We purchased in 2003,” she said. “We purchased down here for vacation and the future of retirement. I didn’t purchase it to make a big party house but I did think I would eventually go big to accommodate my children and my two grandchildren, but now things are changing. Do I want my grandchildren coming here and being above a barbershop?”
Stob said a property next to hers is owned by a business. If the investor builds a ground-level business with residences above, her neighborhood would see increased traffic and other business-associated problems.
“I’m not opposed to R-2 because I am not going for the big party house,” she said. “The mixed, I will not be happy with.”
After some deliberation, the P&Z members unanimously voted against recommending the ordinance and agreed to send a letter to commissioners citing their concerns, as well as requesting review by an independent land use attorney.
Board member Dan Morhaus said he also wants the city to get input from lot owners in the area.
The matter will now advance on an agenda at a future city commission meeting.
The next regular commission meeting will be at 6 p.m. Thursday, Sept. 1, at city hall, 107 Gulf Drive N.
The next P&Z meeting will be at 1 p.m. Wednesday, Sept. 21, at city hall.