The Neal project planned on Anna Maria Sound is simmering on several fronts — in court, at city hall and on the ground.
In court Sept. 24, attorney Ralf Brookes, on behalf of several environmental groups, filed an appeal of a Southwest Water Management District decision allowing Neal’s land trust to construct four single-family homes, a retaining wall and access with associated fill. It also permits the destruction of about an acre of wetlands.
The decision was widely criticized as a political move by a governing board appointed by Gov. Rick Scott.
According to Pat Neal of Neal Communities, the homes will be built by his son Michael Neal for family members.
Hugging the shoreline, the proposed project is on 3.46 acres of Perico Island behind the gates of the Minto development, Harbour Isle, on the north side of Manatee Avenue, opposite the 114-acre Neal Preserve donated by Neal to Manatee County in 2014.
The four-home project by Land Trust No. 97-12 is part of the 40 acre subdivision under Neal’s control and adjacent to five Harbour Isle condominium properties.
At city hall Sept. 23, former Manatee County Commissioner Joe McClash bolstered by about 20 other citizens, including Harbour Isle residents, urged the city of Bradenton to follow its own rules and protect the wetlands and conservation areas.
On the ground, Pat and Michael Neal say they held a pre-construction meeting with the city of Bradenton the week of Sept. 21 and still plan to begin work in the uplands — despite the new appellate court case.
A new court battle
Lining up against the Neal project in court are McClash, the Florida Institute for Saltwater Heritage, Sierra Club and Suncoast Waterkeepers.
On their behalf, Brookes filed the appeal to reverse the Aug. 25 Swiftmud order that allows the state wetlands permit.
Brookes filed his challenge to the permitting decision with the 5th District Court of Appeal.
Expecting the appeal in the 2nd District, Neal called the move “a delay tactic.”
Questioning why it was filed 150 miles away and not in the 2nd District in Lakeland, he said Brookes’ choice will force the attorneys, Swiftmud’s and his own, to wage a procedural challenge.
“Mr. Brookes is going to litigate process. It’s going to cost time and money — that’s my observation.”
Brookes said he filed in the 5th District because the final order and state law specified the location.
As far as his substantive argument on appeal, Brookes expects to advocate the administrative law judge’s findings and conclusions.
The ALJ heard three days of expert testimony in February and ruled the project not in the public interest.
The judge reasoned, “No case could be found where an applicant simply paid for authorization to destroy almost an acre of high quality wetlands and convert it to uplands.”
The challenged permit allows Neal to fill in 1.05 acres of wetlands in exchange for purchasing 0.90 mitigation bank credits.
The credit is to be purchased from the Tampa Bay Mitigation Bank. The estimated $100,000-$150,000 cost will be used to improve Cockroach Bay wetlands in Hillsborough County near Ruskin.
According to Neal, the project meets the public interest test and tied it to the mitigation.
“Mitigation — that is the issue,” he said, and added it was settled by a 1997 appellate case, “Save Anna Maria versus DOT that says mitigation is in the exclusive domain of the regulatory agency.”
At Bradenton city hall
City council members heard from people concerned about the project during public comments at a Sept. 23 meeting.
In 2000, the city annexed 385 acres on the north side of Perico Island property. The annexation included what is now Neal’s 40 acres, and the city zoned it a planned development project.
But when city officials re-visited the Neal subdivision in 2013-14, they considered it Residential-1. A current zoning map, however, indicates PDP.
Regardless of zoning, as McClash has pointed out to city officials for the past year that the city’s comprehensive plan calls for conservation and wetlands protection is not being provided in the Neal project.
Sandy Ripberger, chair of the Sierra Club-Manatee-Sarasota conservation committee, spoke about a recent Sarasota Bay Estuary Program study that valued coastal wetlands in Manatee and Sarasota counties “at more than $8 billion.”
“Their function as a nursery for fisheries and bird life has long been recognized,” she said.
Wetlands prevent erosion after hurricanes and contribute to cleaner air by removing carbon from the atmosphere. They also prevent “more extreme climate change and sea level rise,” Ripberger added.
McClash told the city council it’s not following its rules by not performing a tree survey and rezoning the property administratively. He suggested the council members visit the site to view the natural areas.
“The site improvement permit also says in 60 days the work permit is void. So why are the permits being extended?” McClash asked.
He added, “Rescind the action. Don’t let the site improvement permit continue on. And let’s get this thing back in front of you as it should be as PDP zoning. We have people living here from Harbour Isle. And all they’re asking is: Follow the rules.”
Debbie Wilcox of Harbour Isle also asked the council to appreciate the wetlands, mangroves and wildlife.
“I understand the city of Bradenton has laws that protect wetlands and mangroves. What is happening with the permit being issued is wrong.”
She said the coastal plantings “are there for a reason,” to balance the ecosystem, protect the shoreline and control water flow.
“All of us at Harbour Isle want you to think twice about wetlands and mangroves,” said Wilcox.
Site work, construction
As one looks out on the project site, surveyors’ poles with blue flags signify the planned development amid the coastal vegetation.
Michael Neal said there was a preconstruction meeting with the city Sept. 23 where “no unexpected things happened.”
According to Tim Polk, city of Bradenton director of planning and community development, as of the week of Sept. 14, the project still needed approvals, due diligence work and the developer “can’t move on anything” until they’re in place.
Pat Neal said his project has been issued all necessary permits to work in “the uplands,” where he plans to start the development during the Swiftmud permit appeal. He estimated the uplands comprise 80 percent of the property.
He acknowledged the project needs a U.S. Army Corps of Engineers permit before working in the wetlands.
Corps project manager Mark E. Peterson said the Neal project is under review and he expects an evaluation “very soon.” A decision has not been made on whether there will be a public hearing, he added.
Walking near the planned development site after the city meeting, Harbour Isle resident Lisa Davies said, “It’s just not about us. It’s the precedent to be set with other developers. And what about those who’ve already been turned down? Will they come back and say, since they’ve done it here, it can now be done anywhere.”