BOCC Approves Rezone for More Density in Floodplain

BRADENTON – Developer Carlos Beruff of Medallion Homes successfully acquired a rezone of a property on the northeast and northwest corners of Lockwood Ridge Boulevard and Whitfield Avenue at Thursday's Manatee County Commission land use meeting. Previously zoned for 199 units, the politically-connected developer will now be allowed to build 315 multifamily apartment units, despite almost all of the project residing in the 25-year floodplain.

Much of the proposed project area resides within the FEMA 2014 FIRM 100-year floodplain. The project area is partially located within the FEMA floodway associated with Rattlesnake Slough. In addition, 96 percent of the project area is located within the county's 25-year floodplain, and it will impact wetlands.

The site consists of two parcels, one was zoned A-1 (Agricultural Suburban, 1 unit per acre) the other was zoned RMF-6 (Residential Multi-Family-6 dwelling units per acre), for a total project size of 37.27 acres. It is now zoned Planned Development Residential/6 units per acre.

The resulting 8.45 units per acre density are much greater than the surrounding developments, which range from 2.09 and 4.95 units per acre, and nearby residents complained that the three and four-story building heights are also out of step with the nearby neighborhoods.

The item passed unanimously (Commissioner Reggie Bellamy absent). Dan Lobeck, a land-use attorney representing residents who lived in surrounding communities, expressed his disappointment with the approval.

"It is shocking that this rezoning scheme was approved, as it so very blatantly violates the Comprehensive Plan as well as common sense," Lobeck told TBT. "This undeserved, huge increase in density, with all the fill and parking that comes with it–on what is basically a big stormwater holding basin–poses huge flooding problems to the homes in the neighborhoods. I’m still shaking my head over this choice of Beruff over the public interest."

Defending the approval, Commissioner Misty Servia, who previously worked as a planner both for the county and in the private sector (where she worked on several projects for Beruff), offered the following:

"It was a difficult decision," Servia told TBT, "but the project is infill located at the intersection of two thoroughfares, and enhanced stormwater standards will be applied under the PDR zoning. But most of all, I appreciate the excellent collaboration of the applicant with the neighborhood and their willingness to compromise on many issues before the hearing."

Several stipulations were made by the developer after meeting with members of the community. However, it was revealed at the meeting that the handful of residents who negotiated with the developer were self-appointed and did not represent the large body of residents who'd opposed the project, which is what led to Lobeck being retained.

Residents now have the option of filing suit over the approval, however, Florida law exposes such litigants to the possibility of having to pay the legal fees of the developer and county, should they be unsuccessful.