Court affirms Pat Neal's right to build at high density in NW Bradenton
A court decision has affirmed homebuilder Neal Communities will be able to build a dense subdivision on about 19 acres of former farmland near Robinson Preserve in accordance with a 2015 state ruling.
On Wednesday, three Second District Court of Appeal judges affirmed the Florida Administration Commission’s final order in March that upheld an earlier Manatee County decision to increase construction density. The subject parcel at 9523 17th Ave. NW had been designated for one dwelling unit per acre and as a coastal evacuation area on the county’s future land use map.
The Manatee County Board of Commissioners twice rezoned the land to three dwellings. Two neighboring residents, former Bradenton Beach Mayor Katie Pierola and Greg Geraldson, filed a legal challenge to block the rezones.
Last July, administrative law Judge Bram Canter found the higher density failed to comply with the county’s comprehensive land use plan. The ruling did not sway the governor and his cabinet, which stated the county has the right to change the plan.
The court’s affirmation came as good news to Neal Communities. The company purchased the land last month for $1.2 million. It has plans to build homes there similar to those in its nearby Wisteria Park subdivision.
“It’s a victory for Manatee County and Manatee County local government,” Neal Communities Chairman Pat Neal said after receiving the decision Friday.
John Neal, Pat Neal’s son and president of land acquisition company Neal Land Ventures, said he believes the court’s decision upholds an important principal. John Neal guided much of the legal effort surrounding the land dispute from the perspective of the Neal family of companies.
“In this case, Manatee County determined it was better to put the property density into the built-out areas than it was to encourage new greenfield development,” he said.
Geraldson’s attorney, Thomas Reese of St. Petersburg, said Friday that the court’s decision was disappointing. He said it is unlikely that his client will file for a re-hearing.
“You never know what the court is going to do,” he said.
The acreage was one of the last major available parcels in that area of the county to remain undeveloped. Neal also purchased 50 acres just to the south in January where it will build 50 more homes.
Matt M. Johnson, Herald business reporter, can be reached at 941-745-7027 or on Twitter @MattAtBradent
This story was originally published February 5, 2016 at 11:58 PM with the headline "Court affirms Pat Neal's right to build at high density in NW Bradenton ."