MARCO ISLAND — Discovery of a 10-year-old site plan may have ended controversy surrounding potential use of property at 950 Bald Eagle Drive.
The lot, located across the street from Rose Marina, will be given marina status for development purposes even though it is not located adjacent to water.
Marinas are defined as waterside properties in the city’s land use codes.
City attorney Burt Saunders outlined the significance of the finding for Marco Island’s Planning Board on Friday. The 2004 site plan proved the lot was contiguous with the marina’s waterfront property, even though an easement such as the road runs through it, he told the board.
That legitimized the intent of the lot being purchased as part of the marina and secured it for marina use including boat storage, he said.
The inland lot is in the C-4 zone and is currently used for parking. Saunders confirmed the lot could be used for any purpose allowed in C-4 zoning and still be designated for marina use.
In light of the finding, Rose Marina withdrew, as unnecessary, its request for language changing city code to allow open-rack boat storage on the C-4 property as a conditional use.
The marina also withdrew its request for open-rack storage on its waterside property. Local attorney Craig Woodward, representing the marina, said the marina was grandfathered for open-rack storage on the waterfront location.
Woodward said Rose Marina plans to build a fully enclosed storage facility for boat trailers and small boats on the inland property.
Board member Irv Povlov disagreed with staff’s opinion that discovery of the site plan automatically ended the issue.
Public speaker Kelly Linman told the board the inland lot did not qualify for marina use.
“I disagree with it. It’s a distortion and unfair to the members of the public,” he said.
The board deferred discussion of the Midtown Plan including density transfers until it hears the Island Plaza PUD application. If there are no procedural delays, the board will consider the PUD on April 4.
The PUD application will come before the board in a public hearing at least once and be heard twice by City Council.
Density credit amounts are allocated throughout the island’s future land use districts in the Comprehensive Plan. In June 2011, council adopted a plan for density credit transfers that opened the way for waterfront properties to transfer density to inland lots in the midtown district.
To effect a transfer, the inland property must have an approved PUD and the minimum acres required, Joe Irvin told the board. Irvin is the interim community affairs director.
There are 341 potential credits available for transfer in the midtown district.
Planning Board discussion of the Midtown Plan is tentatively scheduled for April 18. The Marco Island Marriott Beach Resort, Golf Club & Spa redevelopment plan is scheduled for Feb. 21.
Code violation question
In public comment, attorney Doug Lewis questioned the removal of landscape buffering to make way for parking behind the Bargain Basket and Progressive Auto’s Xpress Mart. He also asked why more parking spaces were allowed over the 20 requested by the applicant.
He presented the board with a document of records from the National Highway Safety Administration giving permission for Vanquish and Warlock motorcycles, owned by Ronald Ragan and Mike Kelly, to issue Vehicle Identification Numbers (VIN) in the manufacture of motorcycles. The records showed Progressive Auto’s car condo, 720 Bald Eagle Drive, as the location of the motorcycle businesses.
Lewis represents two storage facilities in the city’s C-5 zone that have raised issues regarding activities in Progressive Auto’s building.
On Wednesday, Joe Irvin confirmed he did not see any motorcycle manufacturing when he visited the site in December.
“The issue of code violations is being looked at by the code enforcement staff,” Saunders told the board.
“The city has in its possession documents from Mr. Kelly’s attorney acknowledging motorcycle manufacturing and storage at 720 Bald Eagle Drive. We hope code enforcement will take action to enforce its zoning ordinances,” Lewis said after the meeting.