Colony developer seeks direction from Longboat commissioners, gets none

Longboat Key Commissioner George Spoll said it was a first.

During public comment at Monday’s Town Commission meeting, Chuck Whittall, president of Unicorp National Developments, presented six commissioners with two options his company is considering as a new proposal for the former Colony Beach and Tennis Resort property. Commissioner Jim Brown was absent.

As public comment is limited to three minutes, the developer asked for an additional two minutes to present his plans, which Mayor Terry Gans granted. When Whittall asked commissioners for feedback, a half-hour back and forth discussion ensued between members of the commission and Whittall, as well as Town Attorney Maggie Mooney-Portale and Brenda Patten, an attorney representing Unicorp.

“In my over six years of service on this commission, I have never seen a comment period being used to be an agenda item,” Spoll said after about 15 minutes of the talks. “This is not on the agenda. It has not been advertised. The public is not aware of this discussion, even if it’s only advisory.”

Spoll then addressed Gans.

“Mr. Mayor, I think you’re totally out of order in allowing this discussion to go on,” Spoll said, prompting Gans to bang his gavel.

“That’s enough. The man asked a question,” Gans replied, referring to Whittall. “We’re responding to a question.”

“I could say more, but I won’t,” the mayor added.

Whittall, who plans to file a new proposal with the town on June 26, presented the commission with two proposals for the property: one includes maximum building heights of 80 feet, the other 65 feet. The developer said he was hoping to have a “collaborative discussion” with the commission to determine “what works well for the entire island.”

“I just don’t want to bring something in where you’re going to vote no, no, no, and I didn’t know why,” Whittall said. “We’re just trying to get your input.”

Discussion of a planned-unit development ordinance was tabled by commissioners at the May 1 regular meeting and will be the focus of an upcoming single-topic workshop meeting.

At a meeting in February, the Planning and Zoning Board recommended language in the ordinance that would allow an 80-foot height limit for new buildings, as long as buildings were set back 2.5 times the height of the building from Gulf of Mexico Drive. In other words, an 80-foot building would have to be no closer than 200 feet from GMD.

But at a workshop meeting in March, the Town Commission rejected the Planning and Zoning Board’s plan and returned to the town’s 65-foot benchmark.

On Monday, Whittall hoped to the Town Commission would inform him whether they would consider the idea of an 80-foot building height limit for the property.

Whittall said he was instructed by town staff to present his plan in this manner, adding that he would be open to having the discussion at a workshop meeting, town hall or one-on-one meetings with commissioners. The developer mentioned that some commissioners have “refused” to meet with him.

Gans and Commissioner Irwin Pastor noted that residents of the properties neighboring the former Colony— Aquarius and Tencon — had petitioned the commission at the May 1 regular meeting to consider the 80-foot plan “for whatever reason.”

“We’re dealing with an application that’s going to come forward one way or another,” Gans said. “The question is, by sticking to what the current limits are, is the applicant forced into applying for something that’s demonstrably not as good for the island or for neighboring properties as it otherwise might be?”

Vice Mayor Ed Zunz said the commission was not in a position to give Whittall direction, while Commissioners Randy Clair and Jack Daly opposed having the discussion at the meeting. Clair noted the town’s existing zoning code.

“I do not believe we’re in a position to be giving advisory opinions to try to change what is already in an existing ordinance,” Clair said. “Therefore, I’m opposed to any further discussion on this subject.”

Gans ended the discussion by telling Whittall the commission would not be able to answer his question.

“Whatever the context, I am not sensing a consensus to give consideration along the lines you requested,” Gans said. “ I think that’s about it.”