The Anna Maria Island Sun Newspaper


Vol. 16 No. 8 - December 23, 2015

headlines

A controversial work in progress

Carol Whitmore

JOE HENDRICKS | SUN

Removing the palm trees that once stood in this roundabout
displeased many residents.

BRADENTON BEACH – The new planters, landscaping, infiltration trenches, street resurfacing and tree removal on Bridge Street has met with early criticism, but patience is being preached.

Fourteen charcoal-colored concrete planter boxes, most of which have adjoining concrete benches, have been installed along Bridge Street.

New trees, plants and other foliage have been planted in and around the boxes, including in the roundabout at the east end of the street.

Stone-surfaced stormwater infiltration trenches have been installed along the street edges and an above-ground stormwater cistern has been installed near the foot of the Historic Bridge Street Pier.

Last week, Superior Asphalt began milling down, resurfacing and restriping Bridge Street.

Additional decorative street and crosswalk surfaces will be installed in January, along with American Disabilities Act-compliant concrete parking spaces and sidewalk additions.

Mixed reviews

Replacing the palm and black olive trees with nondescript, square-shaped planter boxes was not well-received by some in the community.

Live-aboard boater and Drift In employee Morgan Rothe said many Drift customers have complained about Bridge Street’s new look.

“The giant concrete boxes look like sewer tanks,” he said.

He also dislikes the new cistern.

Drift In Manager Doreen Flynn said, “Our new view of the bay as you walk down Bridge Street toward the clock tower is now a chain-link fence enclosing a cistern and PVC pipes. The beautiful palms, trees and the view of the bay are no more. And what are those planters? I hope when they are finished the residents will be happy.”

Bridge Street Merchants' Association secretary Amanda Escobio said, “It’s way too early to decide. I know the street will look beautiful in a few months.”

City Commissioner Jake Spooner owns two businesses on Bridge Street.

“Don’t judge the picture before it’s done,” he said. “The project’s way under budget. If we still aren’t pleased at the end of the project, there’s going to be extra money to make it right.”

Engineer responds

City Engineer Lynn Burnett said she has had multiple conversations with folks who dislike the current look of Bridge Street.

“These are valid concerns, and I’d feel the same way if I didn’t understand the process. I told the merchants last week that the street is never going to look worse than it does right now. Just please be patient,” she said.

In regard to the controversial tree removals, she said, “Putting the infiltration system on the street takes the stormwater and puts it back down into the groundwater and aquifer. The 57-stone and filter fabric needed to do that means you don’t have that dense soil anymore that retains the moisture for those trees and plants and shrubs to grow in. The trees wouldn’t have lived, and they were taking up space we needed to install the drainage improvements that will drastically reduce the pollutants that run into the bay. You then have to recreate that environment and that’s what the boxes are for.

“The boxes are very large, so these trees can grow to be large shade trees. There also will be a lot of vegetation and plants growing down and around the sides. The boxes will eventually disappear, but you can’t get that effect from day one. You have to wait for the plants and the vegetation to cascade down,” she said.

“The boxes are still being planted and more colored plants will be planted after the first of the year. I know they look very industrial and stark right now, but we’re not done. Let us finish the project before you start casting stones,” she said.

One of the challenges Burnett faces is trying to accommodate the 70 percent native/30 percent non-native plant ratio preferred by the Scenic Waves Committee. Because there are not a lot of cascading flowers native to Florida, she may seek commission permission to add more non-native plants.

“There will be follow-up workshops with the City Commission and there’s so much flexibility that remains. Murals can be painted on the boxes or banners can be hung, but first you have to you have to get the basic infrastructure in place,” Burnett said.

When asked about the cistern, Burnett said, “There was no view of the bay before in that location. When they went in and cleared everything out it created a new view that people loved. Then came the cistern and the fence. Confederate jasmine has been planted around the entire perimeter of the fence and in six months you won’t be able to see the cistern.”

County responds to Spring Lake complaints
Carol Whitmore

submitted

County officials submitted this photo to show a a stormwater
sewer structure that was improperly constructed on
top of the sanitary sewer line.

 

HOLMES BEACH – In response to complaints from residents, Police Chief Bill Tokajer asked county officials to respond to questions regarding Spring Lake.

In October, the spring fed lake at 68th Street and Palm and Clark drives, was polluted by spills of sewage and pool chemicals turning the water brown and killing the fish.

The sewage spill occurred on Oct. 27, when a wastewater force main broke releasing 22,000 gallons of wastewater into the lake. Manatee County Public Utilities department responded, posted warning signs around the lake and repaired the break.

While investigating the sewage spill, Code Enforcement Officer James Thomas found that workers for American Beauty Pools were draining hydrochloric acid and pool water into the lake. He issued a ticket for pumping and discharging pollutant chemicals and pool water into the lake to the company with a fine of $200.

However, residents have continued to complain that they have seen no fish return to the lake. Thomas and Public Works Supervisor John Fernandez inspected the lake on Dec. 7.

“There was no movement in the lake,” Thomas said. “We couldn’t see anything alive.”

This prompted Tokajer to send county officials a list of five questions and ask Andre Rachmainoff, wastewater compliance superintendent for the county, to meet with Thomas and Fernandez.

County response

Responding to Tokajer, Rachmainoff said he contacted both FDEP and Manatee County’s Environmental Protection Division to gather follow-up information. The questions and responses are as follows:

Q: Is the lake safe?

A: As a result of the referenced sewage spill, the retention pond experienced much higher than normal levels of fecal coliforms and enterococcus (both indicators of sewage contamination). As reported to city of Holmes Beach Public Works official on 11/5/15 by Mr. Rachmaninoff, both indicators have returned to background levels. The sewage spill affected dissolved oxygen levels as well and most likely contributed to the fish kill.

Currently D.O. (dissolved oxygen) levels appear to be consistent with similar water bodies, however, we cannot definitively say they’ve returned to the levels they were prior to the sewage spill as we do not have that historical data to compare against.

Q: What is the quality rating of the body of water in this lake? Please clarify.

A: If the question is in regards to its designated use, the COHB (city of Holmes Beach) is the permittee for the retention pond and that information should be included in your permit.

Q: When can the contamination signs be removed?

A: As communicated by Mr. Rachmaninoff earlier this week, all signs have been removed. All the warning signs should have been removed on 11/5/15; the fact that two remained until a few days ago was an oversight on the part of county staff. Please accept our apologies.

Q: When does the county plan to restock this lake with fish?

A: Mr. Rachmaninoff spoke at length with Mr. George McCorkle at the FWC Law Enforcement regarding the length of time it might take for the retention pond to attenuate. He communicated that the pond supported a number of saltwater fish species as a result of the tidal influences on it.

He indicated that if a drop in dissolved oxygen levels was the reason for the fish kill as he has speculated, repopulating the pond during this time of the year (lower rainfall and lower than normal tides) wouldn’t make sense to him as it may take some time for all of the nutrients to flush out and oxygen levels return to normal.

Eventually, however, the fish species will return and most likely during next rainy season. According to the FWC Website, red tide concentrations remain high along our coast as well and should be considered as a mitigating factor.

We feel it necessary to point out that, during our investigation as to the cause of the sewage spill, county staff discovered a stormwater sewer structure that was improperly constructed on top of our sanitary sewer line (see attached photo). It is our opinion this contributed to the failure of our sewer pipe, which ultimately led to the spill.

As mentioned above, COHB is permittee to the pond and owner of the stormwater infrastructure. When county staff repaired the damaged sewer line, they did so in such a way the stormwater appurtenance is no longer compromising the integrity of the sanitary sewer line.

A Yuletide celebration on land and sea

Anna Maria Island Sun News Story

TOM VAUGHT | SUN

Christmas wreaths were auctioned to raise money for the
Island Food Bank at Roser Church.

BRADENTON BEACH – The empty lot on Bridge Street was the center of attention Saturday night as the city’s commercial district celebrated the holidays. There was live entertainment including an impressive performance by kids from the Rowlett Kid’s Choir and the Joyful Noise Island Kid’s Choir from Roser Memorial Community Church. Kids were present in the form of a craft and cookie bazaar, where cookies and homemade decorations were sold. The hot chocolate bar proved to be a popular stop, thanks to the temperatures that made wearing a coat bearable for the first time since last winter. There were also auctions and raffles.

One of the most intriguing performances was from the Powel Crosley Dickens Carolers, who gave an old-fashioned touch on the holiday. Russ Adams and Brandi emceed the music and added their own between the acts.

“It was the best celebration ever with the largest crowd, and the entertainment was great,” said Hodge.

The shops were open, featuring bargains for last-minute shoppers plus snacks and refreshments. Bridge Street Interiors had a mermaid to celebrate their “Mermaid Life” line of products. The bars and restaurants did well and the outside seating area at the Bridge Tender Inn was packed as the crowd waited for the boat parade.

At the corner of Gulf Drive and Bridge Street, Bill Herlihy, owner of Island Time Bar and Grill, said it was the best ever.

“We got an early start, and I’ve never seen so many people out there so early,” he said. “It was great family for our residents and our visitors. I talked to some tourists who stumbled onto it, and they were impressed.”

Herlihy praised Angela Rodocker, Caryn Hodge and Amanda Escobio for organizing the event. He said many of the shop owners and employees worked their days off or overtime to pull off what he feels is the best Christmas on Bridge Street ever.

The Christmas on Bridge Street celebration was sponsored by the Bridge Street Merchants Association, Grayhawk Windows-Doors-Remodeling and The Anna Maria Island Sun.

Boats brave the weather

The blustery winds and cold temperatures Friday night and Saturday morning scared off some of the boaters registered for the Cortez Yacht Club Holiday Lighted Boat Parade Saturday night. When the contest started, there were eight boats that left the Seafood Shack – three of them under 30 feet in length and the rest longer than that.

By then, the wind had died down and the temperatures were stable and ready to warm up on Sunday.

First placed for the under 30-foot class went to Capt. Randy Stewart, of Bradenton, aboard Lil Toot, a 29-foot center console boat that entertained the crowd on the Bridge Street Pier, the Cortez Bridge and along the shore with a light show from the boat and the crew.

Mel Rector, of Holmes Beach, took first place in the over 30-foot class with Full Circle, his 32-foot. Beneteau sailboat decorated as a colorful 30-foot Christmas tree with a bright star on top.

The $500 grand prize went to Ryan Davis and Bret Vande Vrede aboard the Pride and Joy, a 40-foot fishing boat from Cortez. Their boat had a Christmas tree on the bow, a snowman on the bridge and a giant Santa climbing up the back deck. The judges wrote, “A lot of work went into those decorations.”

The Holiday lighted Boat Parade was sponsored by LaPensee Plumbing-Pools-Air and the Anna Maria Island Sun.

Developer discusses Peninsula Bay proposal

submitted

This aerial view shows the proposed Peninsula Bay development,
highlighted in red.

CORTEZ – Whiting Preston and two members of his development team sat down last week to discuss their recently unveiled Peninsula Bay development proposal.

Joined by Ed Hill and Linda Gross at his Palmetto office, Preston spent more than an hour sharing additional details of the proposed residential and commercial development has been initially reviewed by county staff.

Preston and Hill also addressed concerns about mangrove destruction and increased traffic.

Owned by the Preston family and currently used as a flower farm, the 358-acre property is located off of Cortez Road and 115th Street West. The property surrounds the Sunny Shores and Sagamore Estates communities.

The proposed development calls for 1,800 residential units, a hotel, a bed and breakfast, a marina, retail and restaurant space and a 67-acre man-made lake.

Preston shared an electronic presentation that has only been seen by a handful of people.

“Our tagline is ‘Connecting people to the water,’ and we’re trying respect that connection. I grew up in the community. I understand the water and what it means to the community,” Preston said.

These connections include the developers’ desire to provide Manatee County residents with a public boat ramp that would increase public access to the water and reduce the burden on the nearby Coquina and Kingfish boat ramps. A recent press release also mentioned a possible kayak launch.

If approved, the marina would be located at the southwest/central portion of the property. The waterfront hotel would be located along the marina basin rather than the Palma Sola Bay shoreline.

Hill said the number of marina slips would depend on the length of the slips desired, but he estimated 50 to 100 slips 30 feet in length.

Mangrove removal would be required at the north end of the property where the proposed inland navigation channel would connect to Palma Sola Bay, and also to the south where an existing navigation channel provides access to the Bradenton Boat Club and connects with Sarasota Bay near the Seafood Shack.

Hill said eight wetland locations would be impacted and consist of 3.08 acres of the 360-acre development. By contrast, he said 81 acres would be enhanced by the removal of evasive trees and plants.

Preston noted that mangrove removal is allowed, but requires permitting from several agencies, including the Southwest Florida Water Management District, the Army Corps of Engineers and the Manatee County Commission.

Other than the navigation channel, Preston has no plans to develop the remaining natural shoreline, which would be further buffered by a man-made lake.

Most of the housing would be located on the central and southeast portions of the property.

In regard to traffic, Preston acknowledged that Peninsula Bay residents are going to want to visit Anna Maria Island, but he said great efforts would be taken to develop a community that also offers self-contained amenities, including 90,000 square feet of commercial space accessible by foot, bicycle, golf cart and internal roads.

He also feels the development’s close proximity to the Island would allow some residents to travel across the Cortez Bridge by foot or bicycle rather than by car.

After expressing his view that west Bradenton has experienced an economic downturn in recent decades, Preston said, “The financial impact to the community is going to be pretty big.”

Through impact fees and taxes, Preston’s team estimates the development would create a $4.5 million economic impact for Manatee County and an additional $979,000 for the county school system, while providing 2,700 construction jobs and approximately 160 permanent jobs.

Using an aerial photo of the peninsula for comparative purposes, Preston noted that his family’s undeveloped property is surrounded by existing development.

The proposed development will require extensive review by county staff and county commissioners, and the property will need to be rezoned to accommodate the commercial and water dependent uses, but Preston and his team feel the development is consistent with the county comp plan and the county’s vision for growth.

They said it would likely be mid-2016 before the plans are presented to the planning board and county commission, and construction is not anticipated for at least five years.

Citing his family’s long history of local farming and business endeavors and his desire to limit the development’s impact on others, Preston said, “I know of these people. I’ve worked with them for years. We could have sold this property and another developer would have produced another plan that might have had a different impact. I understand the people in Cortez are concerned about the environment, the water and the traffic, and we’re trying to manage that.”

Bedroom size ordinance forthcoming

ANNA MARIA – City commissioners have asked City Attorney Becky Vose to draft a new ordinance requiring a minimum bedroom size of 150 square feet for new residential structures.

During last week’s meeting, the City Commission voted 4-1 in favor of moving forward with the previously discussed regulations, with Commissioner Dale Woodland casting the lone opposition vote.

The new ordinance will be subjected to two public hearings before it is adopted and enacted; and the next commission meeting is scheduled for Thursday, Jan. 14, at 6 p.m.

Once adopted, the new minimum size requirements would apply to new residential construction or the permitted addition of a new bedroom to an existing structure. Existing structures would be grandfathered and remain compliant.

The minimum bedroom size requirement is aimed primarily at the vacation rental industry and is part of the commission’s ongoing efforts to protect residential neighborhoods from the small percentage of developers and vacation rental operators Vose and others have referred to as “bad actors.”

When discussing the proposed regulations during last Thursday’s meeting, Commissioners Chuck Webb, Carol Carter and Nancy Yetter favored a 150-foot minimum bedroom size. Commission Chair Doug Copeland said he would be content with 120 square feet, but would support the larger requirement if that was the majority consensus.

When the matter was first discussed at the Dec. 10 meeting, Woodland said 120 square feet was as high as he was willing to go.

Having measured his own bedrooms as a point of comparison, Woodland said last week that his master bedroom was 208 square feet, but his other two bedrooms were 130 square feet, which he noted would not comply with the new regulations being proposed.

Carter said none of her bedrooms were less than 150 square feet.

Webb said it had been a long time since he measured his bedrooms, and he could not recollect their specific sizes.

Resident Sam Pakbaz was the only person to provide public input during last week’s discussion.

“I think your concern is that you’ll get six, seven or eight bedrooms. On most of the lots in Anna Maria you’re going get 2,000 square foot homes. By doing what you’re doing, if people want to build a three or four bedroom home because they’re retired and have grandkids coming, what’s going to happen is their living space is going to be smaller,” he said.

“If you’re building a home with over four bedrooms, make each 150 (square feet) or whatever it is. But if you’re building a two or a three-bedroom home because you need a big master and you want one for your kids, then I’m not sure why you’re going to make your living space smaller,” he added, noting that some of these spare bedrooms might only be occupied one week a year.

“If your concern is five, six, seven or eight bedroom rental homes, then have that minimum contemplated for those types of homes. Every time you make these bedrooms bigger you’re taking away precious living space. You’re also taking away elevator space. Every time you grow these bedrooms you’re making everything else smaller,” he concluded.

During last week’s discussion, the commission also reached consensus that there would not be a limit placed on the percentage of a home that could be used for bedrooms. Webb had previously suggested an accompanying percentage ratio limit in order to provide an added level of protective regulation.

Board ponders overlay district

HOLMES BEACH – City commissioners are considering establishing an overlay district as a way to give some relief to homeowners in the R-2 district who want more than four bedrooms and don’t plan to rent their homes.

City Planner Bill Brisson said there are numerous regulations to address resort housing that also apply to residential housing due to action by the state legislature that they cannot be treated differently. The overlay would provide relief by relaxing some of those regulations, making it similar to the R-1 district.

Brisson said in order to determine which regulations to relax, he provided a discussion paper that presented the similarities and differences between the two districts. It included a list of regulations that are the same, a table showing the differences, a list of regulations for duplexes and a list of regulations pertaining to all resort housing units.

“In place of the resort housing regulations, we would require them to abandon the right to have resort housing,” he explained. “I think it should be forever.”

Run with the land

Commissioner Carol Soustek asked if someone agrees to the stipulations for residential use only and they die is the next owner obligated to abide by the stipulations?

City Attorney Patricia Petruff said some approvals run with the land, while some are specific to a person.

“In this instance, the concept is to have some sort of deed restriction,” she explained. “You would want it to be long term, and it would be a recorded document in the public records.

“I’m pondering how to do it and the enforceability. I like the concept, but the question is how airtight can we make it? It would have to run with the land.”

She also pointed out that she has not had time to do legal research on the issue and that any contract can be challenged in the court.

Mayor Bob Johnson asked if they could provide an incentive to owners considering the idea. Petruff said they could explore the idea.

Chair Judy Titsworth said she likes the concept and asked Petruff to tell then when she is ready for further discussion.

BeachHouse to feature New Year’s Eve fireworks

BRADENTON BEACH – Once again, the skies will light up at the BeachHouse restaurant, 200 Gulf Drive N., to bring in the New Year.

The annual show brings thousands of people to the Island’s beaches to watch from a distance, but the best views will be from the deck of the restaurant.

The Chiles Group, which owns the BeachHouse, is selling tickets for $125 per person for six seats per table in the covered south pavilion overlooking the Gulf.

The reserved tables will be ready at 9 p.m. The reservation also includes complimentary valet parking, holiday linens, party favors, a champagne toast prior to midnight and a view of the fireworks show, which will be launched from the restaurant’s south beach, weather permitting. DJ Chuck Caudill will provide the music and entertainment from 8:30 p.m. until 12:30 a.m. Food and drinks are not included in the reservation.

Guests may order from the regular restaurant menus. Seating elsewhere on the deck and inside the dining room will be on a first come, first served basis.

Reservations are limited, according to the management. Those wanting to make reservations need to call 779-2222.

For those living or staying on the Island, the Anna Maria Trolley will run until 1 a.m. for those who enjoy alcohol at the restaurant and don’t want to drive.

LDC review continues

joe hendricks | sun

Building Official Steve Gilbert and City Planner
Alan Garrett guide city commissioners through the revised
land development code

BRADENTON BEACH – The City Commission is work shopping the revised land development code (LDC) previously reviewed by the Planning and Zoning Board.

During commission workshops that took place on Wednesday, Dec. 16, and Wednesday. Dec. 9, City Planner Alan Garrett and Building Official Steve Gilbert guided commissioners through the first 95 pages of the 218-page document.

Garrett said the purpose of the revisions was to ensure that the city’s building ordinances are consistent with the development objectives set forth in the city’s comprehensive plan. He said the comp plan is the city’s bible in terms of development.

Expounding on that, Gilbert said, “The comp plan is the 10 Commandments and the LDC is the bible that follows.”

Applicable to new construction and major renovations only, the revised document features a simplified means of determining what is allowed and required in each zone district.

Parking changes

One and two-family residential dwellings will be required to provide two parking spaces for the first 1,000 square feet of gross square footage of habitable floors, plus one-parking space for each additional, or portion of, 450 square feet of gross floor area. All required parking shall be located within the footprint of the structure.

With the required parking taking place below the elevated structure, driveways will provides additional temporary parking for guests and visitors, but are not intended for additional overnight vacation rental occupants. This was the planning board’s recommendation for regulating vacation rental parking.

Multi-family residential dwellings will have to provide two spaces per unit, plus an additional 10 percent of per-unit number required.

The planning board recommended restaurants and bars with indoor and open-air seating provide one parking space for each four seats in addition to one space per two employees during the establishment’s largest shift.

“This is a major change here. In the past, open-air dining did not require parking,” Garrett said.

The current regulations call for one space per every three seats of indoor parking and that requirement was increased by one seat in order to help offset the open-air requirements.

When Vice Mayor Ed Straight said he thought the employee parking requirements were too stringent, Garrett suggested increasing them to an additional space for every four employees.

Elevation easier

One goal of the LDC revisions was to make it easier and cheaper to comply with new flood plain and flood insurance regulations.

Existing single-family dwellings and duplexes located in residential districts that do not currently meet setback requirements will be allowed to elevate or replace their homes within the existing building footprint without a commission-approved variance.

Once adopted, the LDC also will allow greater height allowances in the M-1 zones that apply to the Pines Trailer Park and the Sandpiper Resort, allowing mobile and manufactured homes to be elevated without a variance.

Pools, shorelines and more

In regard to shoreline setbacks, the mean high and low water line definitions now contain language that says these figures are to be calculated by the Florida Department of Environmental Protection and documented by a registered land surveyor. Setbacks on the Gulf shoreline will be governed by the erosion control line that is not impacted by beach renourishment. Bayside shoreline setbacks will be established by the mean high water line.

The commission supports the planning board recommendation to reduce the 10-foot setback for pools to three feet in the R-1 and R-2 residential zone districts; and Mayor Bill Shearon wants to address front yard pools.

The new definition of a motel is now consistent with the state definition that requires at least six units. This was the planning board’s response to the special exception the commission granted in March for a two-unit motel on Ninth Street North, which has not yet been built.

A new Zoning Board of Appeals will provide a means to appeal an opinion provided by the building official or city planner. The new board will consist of planning board members who issue policy statements pertaining to the interpretation of city codes.

Thus far there have been no discussions about limiting occupancy or the number of bedrooms allowed.

The LDC review will resume on Monday, Jan. 4.


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