VENICE (Florida) – A proposal by a developer to reduce the Hawks Run Golf Course at Bird Bay Village to 18 holes was rejected by the Venice Planning Commission. It also allowed for the construction of 45 villas and a new restaurant.
Tuesday’s 7-0 vote came after a public hearing lasting more than four hours. It was based on how the city advisory board interprets the use of neighborhood open space protection strategies that were noted in the 2017 Venice Growth Plan, specifically in a section about the Pinebrook Neighborhood.
This strategy requires that open space in an existing residential development be protected from redevelopment and infill. It also states that the city “shall not support the reduction or elimination of open areas developed consistent with the underlying” Zoning.
Similar: Venice planning Board to hear request for 45 homes on golf course
The decision was made in a court-like setting. These legal underpinnings will be relevant when the City Council reviews the development in two additional public hearings as well as if the matter lands in circuit court.
Bill Willson, Chairman of the Planning Commission, pointed out that as a key. Lissa MacDonald, board member, made the motion to deny the Bird Bay Planned Unit Development Amendment.
Jeff Boone, an attorney representing Hawks Run developer Jason Picciano and managing partner of Paradise Realty Holdings had argued that Bird Bay’s preservation strategy, which appears only once in the comprehensive planning, in the Pinebrook section, should not be applied.
BillWilson, chairman of the planning board, asked the board: “Can we agree or do we think it’s wrong?”
All commissioners agreed that the request to amend the binding master plan was lacking in detail.
Boone countered by stating that Hawks Run would be following the same pattern as the current development.
Jerry Jasper, a member of the Planning Commission, said that residents might reconsider their opposition to the development if they were given more information.
The development was discussed by more than twenty-six people. Only four people – one of whom was a potential buyer for a Hawks Run unit — were in favor.
Many spoke about the possibility of the land being left undeveloped and the loss of their views, as well as the promise made by previous developers to keep the golf course intact.
Anne McBride stated that the community is approaching its 50th anniversary and that she hopes that the community will keep the promises made in the past documents. She also suggested that the course could be redesigned, as it has fallen into disrepair.
Wil Brickner took photos from his Florida bedroom, showing a panoramic view overlooking the course.
He added, “I ask you not to take my wife’s view away.”
Unbuilt dwelling units
Bird Bay Village was established in 1972. Pinebrook and Capri Isles were the first planned unit developments in Venice.
Technically, the 1,026-home resort-style community on the east side U.S. 41 Bypass is south of Roberts Bay.
Picciano bought the Hawks Run Golf Course, 33.3 acres, in February for $1.1million. It is the heart of the 198.6-acre estate and provides the majority of its open pace.
According to the 1992 development masterplan, there could be as many as 1,198 units built there at a density approximately six units per acre.
They were not all built on the land available, so there are 172 unbuilt dwelling units that have been approved in Bird Bay. However, no land is available for them.
Picciano plans to use 5.28 acres of land on the golf course that backs up to Bird Bay Plaza or the Legacy Trail to build 45 villas, and reduce the length of the golf course to 18 holes.
Picciano also seeks permission to build on the Golf Course.
Current rules apply to a structure. It must be back from the property line at a distance equal to twice its height.
Developer requested a modification that would allow homes to be removed from Legacy Trail by just 10 feet.
Richard Hale, a member of the Planning Commission, was concerned that this distance could create a “canyon effect”, which would be detrimental to riders along the trail.
You haven’t received the paperwork you need
Robert Lincoln, an attorney representing The Bird Bay Community Association, argued that the 1977 amendment to The Bird Bay Community Association’s plan set the maximum number units at 1,198 units. The developers’ agreement contained a covenant to preserve the golf course.
He also pointed out that in 1977, the planning board had said it wouldn’t approve the amendment unless the course was kept. He said that the 1977 plan showed that all units were accounted for.
Lincoln stated, “It shows how the golf course layout looks but also all the units out there that have been approved on that plan. They are then assigned to certain development areas.”
The 1977 developer’s agreement did not change the zoning to a planned-unit development classification. Instead, it was agreed to develop the land under the city’s planned units development codes.
The city refused to accept the inconsistent legal descriptions that designated the golf course open space in documents. There is no evidence that the golf course was declared open-space by the developer.
Shaun Graser, a member of the Planning Commission, did not believe that this mattered.
“It appears to me that the owner of this property purchased a golf course. They didn’t purchase developable land,” said Graser.
Although the commission didn’t recommend approval of the proposed change to the unit development binding masterplan, the City Council will still consider it at two public hearings.
Even if the plan is approved, it doesn’t mean that development will be allowed. Picciano, the owner of the course through Hawks Run Development LLC must still attend public hearings before the Planning Commission or City Council to discuss a site and development plans for the restaurant and clubhouse, and a preliminary plat.
Earle Kimel primarily covers south Sarasota County for the Herald-Tribune and can be reached at [email protected]. Get a digital subscription for the Herald-Tribune to support local journalism
