Manatee officials drop rule for Beruff’s Aqua by the Bay. They said it was confusing
Manatee officials removed a confusing stipulation that complicated the development process for the controversial Aqua by the Bay project along Sarasota Bay.
During an extended hearing in October 2017, the Board of County Commissioners and developer Carlos Beruff’s representatives agreed on a poorly worded stipulation that is now causing confusion within Manatee County’s Planning Department. According to stipulation A-17, another public hearing would be needed after the “completion” of 750 units.
County staff wrangled with the meaning of that word, and said it didn’t fit with their typical approval procedures.
“The stipulation is unclear and it’s not working with the procedures we are familiar with. I’ve worked in the planning department for 35 years and I’ve never seen one that says upon completion, the project must return to the board,” said Stephanie Moreland, a county planner handling the Aqua by the Bay project.
At Thursday’s Land Use Meeting, commissioners debated what the stipulation meant when the board voted for it over two years ago. Commissioner Carol Whitmore said the intent was to keep the public informed as the developer moved forward.
“My idea from Day 1 was that we were going to see a preliminary site plan after the first 750 units,” Whitmore told her fellow commissioners.
The stipulation was a last-minute addition that came after hours of public comment and debate at the October 3, 2017 meeting. Whitmore said she felt that was one of the main reasons commissioners finally voted to approve the project’s general development plan.
Many of the residents involved in those hearings appeared before the board during a public comment portion of Thursday’s debate, urging officials to stick to what had originally been approved.
“Each time a developer comes back with a request like this, that’s not in good faith. They did that to get the approval knowing they could come back and get the stipulation removed. I implore the board to get with staff and try to define ‘completion,’” Matt Bower suggested.
“A deal is a deal. I was here when the deal was made and I remember discussing this because citizens were afraid that once this project got started, there would be no option to get any input,” added Ed Goff. “This was like a circuit breaker after 750 units.”
“I take issue with saying a deal is a deal because real estate projects are in a constant flux,” said Commissioner Stephen Jonsson. “It’s the nature of the business that there’s going to be change.”
“Our land development code anticipates these kinds of changes. It allows them,” said Commissioner Misty Servia.
Ed Vogler, a representative for Beruff, pointed out that even if this stipulation is removed, county staff are still required to review upcoming preliminary site plans to make sure they meet the other 19 stipulations that the county agreed on regarding building location, building height restrictions and the prevention of any “walled effect” that blocks the view of the Sarasota Bay.
Commissioners voted 6-1 to remove the stipulation A-17 from the Aqua by the Bay general development plan. Whitmore cast the dissenting vote.
This story was originally published February 6, 2020 at 4:04 PM with the headline "Manatee officials drop rule for Beruff’s Aqua by the Bay. They said it was confusing."
