News
7-03-22 An in-depth article was published July 3 in The Bradenton Times:
The Bradenton Times also provided a link to 32 pages of Public Records emails between staff and representatives of Cox submitted in this case at:
https://thebradentontimes.com/savegatescreekemailexhibits.pdf
6-28-22 A recent article in the Observer provided some basic overview of the case, with only a one-sentence example of disclosed Public Records Request information:
https://www.yourobserver.com/article/court-date-nears-for-car-lot-planned-for-lakewood-ranch-border
11-01-21 As many of you have noticed, nothing is happening at the proposed site of Cox Chevrolet (at 117th St E & SR 64) since the fateful faulty County Commissioners rezoning decision on 10-22-20, over a year ago. The lawsuit to overturn the rezoning decision continues, still waiting on an official court date. Additionally, the Florida Department of Environmental Protection (FDEP) has proven to be anything but accommodating in Cox’s attempt to relocate Gates Creek or impact the wetlands at this 18-acre property.
The Florida DEP Section 404 site inspector, Michael Miller, sent a response to Ardurra and Kris Cox with a 13-item list in which the word "insufficient" is used 11 times! FDEP is rejecting nearly every part of the Cox application (posted on the FDEP Oculus site on 8-13-21).
Some of these "insufficient" items include:
#4. "concluded that additional wetlands and other surface waters exist on site that were not identified in the formal determination. At this time, please revise the proposed delineation boundaries for further review by the Department."
#7. Alternatives Analysis, "insufficient", "has not satisfied...". "No dredge or fill activity shall be permitted if there is a practicable alternative..." "Due to the presence of additional wetlands and other surface waters observed during the site inspection..."
#9. Waters of the U.S. (WOTUS) "– Insufficient. It has been determined by the consultant that there is not a valid AJD issued by the USACE for the subject site [US Army Corps of Engineers]. Therefore, WOTUS cannot be reviewed or determined until the delineation boundaries of wetlands and other surface waters on site is approved."
#13. "Fill Slopes – Insufficient. According to the response, the side slopes will be stabilized using riprap that has not been depicted and described on the subject project drawings or plans."
Nearly 12 weeks later, no response from Cox Chevrolet can be found on the FDEP Oculus database. It will be interesting to see how Cox Chevrolet is going to resolve all 11 "Insufficient" points. The full FDEP letter can be viewed here. The FDEP 4-21-21 site inspection report can be viewed here.
4-21-21 The Florida Department of Environmental Protection (FDEP) Section 404, who took over for the U.S. Army Corps of Engineers, sent two site inspectors to the Giddens 18-acre property at the request of Cox Chevrolet. Michael Miller and Carla Burrmann were there to perform an initial site inspection, including a look at Gates Creek, the wetland, and other parts of the property. The site report was finally posted 2 months later on the FDEP Oculus site [as of 6-22-21]. The FDEP site for the Giddens/Cox can be accessed via this link (click on Public Oculus Login when prompted). Here you can view 28 documents: Army Corps files along with many submitted by concerned residents (see especially this summary index ). If you wish to express your thoughts, you may submit your correspondence to: Michael.B.Miller@FloridaDEP.gov and Carla.Burrmann@FloridaDEP.gov (both are assigned to this case). We have strong concerns the FDEP has a tendency to approve creek relocations and wetland adjustments more easily than the Army Corps of Engineers (the Army Corps was strongly opposed to relocating Gates Creek). The flooding concerns are especially exposed in the Cox application's own words as they admit a need to raise the elevation of the entire property: "an average of about 4.5 ft of fill will be necessary to develop the site." An elevated 11-acre concrete parking lot in a 25-year floodplain can not be mitigated on-site and will cause tremendous flooding damage to all the surrounding neighborhoods, where all the stormwater runoff will go.
3-1-21 Our case against Manatee County regarding a faulty commercial rezoning decision continues. No date has been set for a hearing before a judge. Manatee County has responded to our lawsuit in which they deny almost everything, not wanting to admit ANY of the properties surrounding the 18-acre Giddens parcel are residential uses. Manatee attorneys claim this case is novel which means they are trying to drag this out; our attorney is asking for an expedited hearing. Additionally, "Cox Chevrolet" asked to intervene which was highly improper as a different entity was listed in the Giddens application: "Cox Properties". A week later, they changed their legal filing to Cox Properties after they realized the embarrassing legal mistake on their part.
The legal costs continue and we will seek more funding as necessary.
2-4-21 An unusual zoning hearing was held for a 13-acre Shreya property 2 miles to the east: attorney Scott Rudacille (who coincidentally happens to be the attorney for Cox Properties) represented Shreya in a GC commercial zoning request. Multiple commissioners asked if this property was going to be used for auto sales and auto repair (do they know something?). The applicant revealed no info whatsoever on what would go here. Is Cox Chevrolet/Mazda planning an alternative site for an auto dealership? After all, this is 13 usable acres with no wetlands or creeks, more than the 10 acres of usable acres on the Giddens property. The commercial rezoning was approved. It is next to Hide-Away Storage at Lorraine and SR 64. If anyone has any additional information, please contact us!
1-19-21 Cox Chevrolet's request with the US Army Corps of Engineers to move Gates Creek is now in limbo. The State of Florida requested approval from the EPA to transfer wetlands responsibility to Florida's 404 Program, one of only 2 other states to receive such questionable power, especially considering Florida's poor wetlands protection track record. This transfer was to go into effect in mid-January but strong opposition from a coalition of environmental groups has resulted in a lawsuit being filed to overturn this decision. Defendants include the EPA and the Army Corps of Engineers. See Environmentalists sue to stop Florida's takeover of federal wetland permits and Environmentalists challenge permitting change in Florida. This may now be tied up in the courts for years, leaving a question as to who has authority to permit any move of Gates Creek during this time!
1-7-21 In what may be a sign of better environmental management in 2021, our neighboring community to the east, Savanna at Lakewood Ranch, reaffirmed their right to keep the green space at their front entrance when Manatee County Commissioners denied a commercial rezoning request 5-2! See: Savanna entrance won't be developed after Manatee County Commission denies rezone and BOCC Denies Rezone for Savanna at LWR Strip Mall.
12-31-20 The 2020 Year in Photos in the East County Observer "Community over Construction" highlights the struggle of protecting the community over the interests of one business, Cox Chevrolet. Protest walks were held in January, February and October (thousands of area residents signed a Change.org petition). In October, 4 commissioners voted to rezone this 18-acre parcel to PDC commercial. In November, the nonprofit Save Gates Creek filed a legal appeal against Manatee County.
12-03-20 East County Observer: "Planned Cox Chevrolet lot challenged by appeal from east Bradenton residents. Nonprofit plaintiff says county commissioners' decision not consistent with Comprehensive Plan."
11-19-20 Complaint is filed in the Circuit Court against Manatee County for not following the Comprehensive Plan rules and regulations: THE REZONING VIOLATES § 163.3215(3), FLORIDA STATUTES, BECAUSE IT IS NOT CONSISTENT WITH THE MANATEE COUNTY COMPREHENSIVE PLAN. These include a commercial intrusion into a residential neighborhood, building in a 25-year floodplain and moving Gates Creek (where are the overriding public interests for those two?). We have other concerns: to preserve an existing wetland on site and native habitat such as for bald eagles. For more info see the Legal Case Page.
The Bradenton Times article "County Land Deal Gets Machiavellian in Runup to Election" stated it clearly: "...a rezoning that will allow a new Cox auto dealership to be built on a relatively small piece of flood-prone East county land for a project that was wildly unpopular with surrounding residents who worried that the existing infrastructure did not support something so incompatible with the community. It was telling that it was again Benac—the other former county and public sector planner on the board—who gave the perfectly-articulated argument as to why it shouldn't be approved in her dissenting vote."
11-11-20, 11-12-20 Tropical Storm Eta caused flooding of the Gates Creek community, including at Osprey Landing. Gates Creek overflowed its banks north of the Giddens property, spilling onto streets in Osprey Landing and backfilling a retention pond as the stream and the retention pond became one indistinguishable body of water. The Gates Creek tributary along the north side of the SR 64 underpass measured 49 feet wide on 11-12-20 (still 44 feet wide at this spot on 11-29-20).
10-22-20 Manatee County Board of County Commissioners voted 4-3 to approve a rezoning for the 18-acre property and to move Gates Creek, without providing a finding of overriding public interest. This faulty decision is now being appealed.
10-02-20 US Army Corps of Engineers received a request to move Gates Creek (see diagram on last page of application). Many comments/objections were received by the Corps along with a request for a public hearing. The Army Corps requested additional information, including documentation on what other sites were considered.
https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/15734
1-30-20 "Will East County car lot be a tough sell?" In the East County Observer, page 8: https://issuu.com/yourobserver.com/docs/east_county_observer_1.30.20/8