Suncoast Waterkeeper Sues City Over Neal's Perico Permit

BRADENTON –On Monday, Suncoast Waterkeeper filed a suit against the City of Bradenton, challenging a development order issued to local builder Pat Neal, arguing that it is inconsistent with the city’s Comprehensive Land Use Plan.

"We’re holding the line on protecting our coastal mangrove systems from overdevelopment, particularly in cases like this where the mangroves are located in designated Outstanding Florida Waters,“ said Justin Bloom, founder and executive director of Suncoast Waterkeeper.

• violating the city’s rule on "Wetland Protection" by building within the wetland buffer protection zone located within 25 feet of wetlands.

• violating the rules on "Environmentally Sensitive Lands" because development will occur within 25 feet of designated wetlands.

• violating the city’s rules on "Dedication of Conservation Area" because no conservation easement was placed on lands within 25 feet of wetlands on the subject parcel.

• violating the city's "Wetland Preservation“ rules because the site improvement plan includes development within a designated wetland other than an elevated boardwalk or gazebo.

• violating the city's general rules on how to treat wetlands–requiring avoidance of impact as first priority, minimization of impact as second and mitigation as third–because impacts to the wetlands on site could have been avoided, and wetland impacts were not minimized.

The suit argues that the city’s Development Order allows for "filling of wetlands, wetland buffers, conservation land, and the construction of stormwater facilities, retaining walls, rip rap and other development activities on one or more parcels of land located in the City of Bradenton that is not consistent with the duly adopted and effective City of Bradenton Comprehensive Plan."

A Florida statute known as the "Community Planning Act" requires each local government in Florida to prepare and adopt a local comprehensive plan containing mandatory rules, including the density and intensity of land use.

After a comp plan is adopted, the law requires the overseeing government to follow it with consistency. The group is seeking a trial to decide whether the Development Agreement violates the Comprehensive Plan under Florida Statutes, which allow the circuit court to vacate the City of Bradenton's approval of the Development Order.

The group is asking the court to do just that, and then seeks the restoration of the land with regards to any work that has already started.

"The City of Bradenton approved development in City protected wetlands and 25 ft wetland buffer, and after a year of requesting they follow their rules and rescind their action, they continue to ignore its citizens," said 22-year Manatee County Commissioner and TBT Publisher Joe McClash, who first opposed the city's decision. "Their failure, led by Mayor Poston, confirms they choose to ignore their rules in favor of developers. The City also violated environmental policies in the City Comprehensive Plan such as the protection of wetlands and the critical buffers mandated by their rules and subject of this suit. Their action harms our community and filing this suit is the only way we can protect our community. The City should be held accountable."

The group filed the suit following the city's allowance for Neal to begin construction, despite a pending appeal on the permit issued by the local water management board and the fact that the Army Corps of Engineers had not yet issued a permit.

Neal wants to build a "family compound" of four 10,000 square-foot houses on the land, which the city used an administrative loophole to rezone without public input last year. Attorney Ralf Brooks, who is representing Suncoast Waterkeeper along with Bloom, believes they’ve not only got a strong case against the developer but an important fight.

"It is important to preserve these mature mangrove wetlands on site because they provide natural storm protection, prevent erosion and provide important habitat for wildlife here in Anna Maria Sound near the historic fishing village of Cortez,“ explained Brooks. "It is important to protect our remaining mangrove wetlands as valuable natural resources especially in aquatic preserves and outstanding Florida waters.".