Flight safety concerns shoot down Blu Harbor high-rises

Three more stories, on top of the four already approved for the proposed Blu Harbor waterfront community at Bowlees Creek, proved to be just too many for Manatee County Commissioners.

Citing safety concerns for condo towers standing more than 90 feet tall in the approaches to Sarasota Bradenton International Airport, commissioners voted 5-2 to deny the request.

Voting against the high-rises were commissioners Betsy Benac, Priscilla Whisenant Trace, Robin DiSabatino, Carol Whitmore, and Charles Smith. Voting in favor of the request were Vanessa Baugh and Stephen Jonsson.

The vote came after 4 1/2 hours of passionate testimony, debate and questions Thursday evening.

Neighboring residents lined up to oppose the towers, but Rick Piccolo, CEO of Sarasota Bradenton International Airport, carried the day for opponents.

“I implore you, I beg you to reject this application,” Piccolo said. “It’s a serious issue and would create a decreased margin of safety if the application is approved.”

Aircraft already land and take off directly over the property, he said, adding that if the “unthinkable happens,” approving seven-story towers there would be a decision that commissioners would regret.

Attorney Ed Vogler, representing the developer, Sarasota Bay Harbor LLC, asserted that the Federal Aviation Administration did not view the 90-foot building height as obstructing air traffic in the area, and that the evidence “is, to my knowledge, incontrovertible.”

Moreover, the 90-foot height would be consistent with provisions in the Manatee County comprehensive plan land-use code, he said.

“When people say there is a 35-foot height restriction, that is not true,” he said.

Vogler introduced expert witness Clyde Pittman, who concluded that 90-foot buildings would not be a hazard to air traffic in the area, but that an unlighted, unmarked power pole within the approach to the airport is a danger.

The 12.4-acre project south of Anna Maria Oyster Bar is proposed for 213 units and a private yacht club and marina with up to 132 boat slips.

Previously, the county commission had approved Blu Harbour for 221 units through 2018, but in four-story buildings.

Some of the residents who spoke at Thursday’s meeting said they did not oppose the four-story condos, but were opposed to adding another three stories.

Asked why the developer was seeking to change already approved plans, Vogler mentioned the land development code amendments for six urban corridors which encourage redevelopment there. A portion of Blu Harbour falls within an urban corridor.

“You should not be surprised when you adopt a policy with incentives and people seek to take advantage of them,” he said.

Prior to the Manatee County Commission vote on Thursday, Manatee County planning staff and the Manatee County Planning Commission had recommended denial of the 90-foot condo towers.

Carol Martin, the final speaker to appear during the public hearing, asked commissioners if the project was worth the risk to human life.

“When you start building high-rises in a flight path, and you have a bird strike or other event out of our control — that’s what it boils down to,” she said.

Ultimately, the safety concerns swayed commissioners.

“I would not support something that would jeopardize safety,” Whitmore said.

Public health, safety and welfare are what zoning codes are all about, Benac said.

▪ In other business, the county commission unanimously approved putting Christ Episcopal Church and Saint Stephen’s Episcopal School completely under the city’s jurisdiction. Part of the church/campus property falls under county jurisdiction.

This story was originally published June 1, 2017 at 8:39 PM with the headline "Flight safety concerns shoot down Blu Harbor high-rises."