Residents press Madeira Beach commission to halt park-to-parking changes at Tom and Kitty Stuart Park

Madeira Beach — Dozens of residents and business owners pressed the Board of Commissioners on April 8 over plans for Tom and Kitty Stuart Park at 14070 Gulf Boulevard, arguing the city is violating a 1987 warranty deed that dedicated the land "solely and perpetually as the site for a city park." Public commenters urged the commission to halt any conversion of parkland to private parking and to restore the site to its original park character.

The dispute centered on competing interpretations of the deed and the 2013 development agreement that added parking and allowed a commercial driveway. Deborah Bryant, who submitted a public record deed, said the warranty deed "must be used solely and perpetually as the site for a city park," and warned that converting park space to asphalt invites legal action by the Stewart heirs (public comment). Several speakers cited Florida Statute 95.36 and argued that, if the city breached the deed, ownership could revert to the grantors' heirs.

The property owner and business representatives defended the current layout and the 2013 approvals. Marcus Winters, owner of nearby Caddy's, said he spent about $750,000 redoing the site under permitted plans and that he followed the city's required landscape and construction approvals: "I spent 750,000 re-doing the park the way I was told to do the park. I would love to have put in trees, but I wasn't permitted" (public comment).

City Attorney Mr. Trask responded to the legal concerns by reading the state statutory framework that governs dedications recorded over 30 years ago and said that the revert language in the deed no longer creates automatic reversion. He explained that the Legislature adopted a statute in 1949, later amended, that prevents a dedicator from successfully challenging a municipal use after 30 years and noted the deed was recorded in 1987: "Dedications of land to municipalities or counties for park purposes that have been recorded for 30 years ... all rights of the dedicator and all other persons in the land are terminated," he said in response to concerns about legal jeopardy. The city attorney concluded he did not see exposure to the city for providing parking or for installing a free public restroom (staff comment).

Commissioners and staff stressed that the current effort is to rebuild and return the park to the pre-hurricane approved configuration, including an elevated restroom and landscaping, not to permanently convert the property to private parking. Multiple commissioners said the site historically functioned as an asphalted "city park" with parking and that the commission intends to get the park reopened and landscaped per previous approvals, then consider adjustments such as adding benches or reducing a small number of parking spaces if residents request it.

Public speakers also raised ethics and historical concerns about the 2013 approvals. Jim Ross and others referenced past ethics complaints and a development agreement approved in 2013; Ross urged the commission to review archived documents and suggested there may be grounds to revisit prior approvals. Commissioners responded that the 2013 development agreement was approved by vote at that time and that any challenge must follow applicable legal processes.

What happens next: Staff said structural engineering and site-plan work for the elevated restroom are underway and the bathroom unit has been ordered. Commissioners encouraged patience while hurricane recovery and the park reopening continue; they said any changes beyond restoring the pre-hurricane approved design would be considered later and would require public involvement.

Notes on attribution: Quotes and assertions are taken from public commenters and staff who identified themselves at the mic. When commenters referred to statutory language and deeds, staff responded with the city's legal interpretation. The meeting record shows strong resident concern about deed restrictions and competing statements from business owners who say they followed city direction.

Ending: The board heard multiple hours of public comment and discussion but did not take a final policy reversal tonight; staff will continue design and permitting work to restore the park and commissioners signaled willingness to revisit design details during planning once the site is returned to service.