Venice council approves change for proposed site that could become a shopping center

The view from Jacaranda Boulevard facing northwest to Laurel Road includes a wetland that would be developed, with the loss offset by credits purchased from the Myakka River Mitigation Bank if the site is replaced by a Publix-anchored shopping center, The Village at Laurel and Jacaranda.
The view from Jacaranda Boulevard facing northwest to Laurel Road includes a wetland that would be developed, with the loss offset by credits purchased from the Myakka River Mitigation Bank if the site is replaced by a Publix-anchored shopping center, The Village at Laurel and Jacaranda.

VENICE – The Venice City Council approved a remapping of the Cielo planned-unit development, as well as open space dedications for Aria and Aria Phase III Tuesday.

The approvals came on a 4-3 vote and remove one hurdle for developer Pat Neal in creating the Village at Jacaranda and Laurel shopping center on 10.4 acres at the southwest corner of Laurel Road and Jacaranda Boulevard.

The board voted to advance the development plan, despite a circuit court action challenging the City Council’s July 11 decision favoring a change for the Milano planned-unit development to allow commercial uses on the site.

Border and Jacaranda Holdings, LLC, the company controlled by Neal that owns the property has been continuing steps required in the development process, despite the possibility that 12th Judicial Circuit Court Judge Danielle Brewer could send the issue back to the council for a new vote.

Newly elected council members Joan Farrell and Ron Smith voted against the change, as did Council Member Rick Howard.

New Venice City Council Member Joan Farrell, right, recites the oath of office Tuesday morning. The oath was administered by City Clerk Kelly Michaels while Venice Mayor Nick Pachota held the Bible and a microphone.
New Venice City Council Member Joan Farrell, right, recites the oath of office Tuesday morning. The oath was administered by City Clerk Kelly Michaels while Venice Mayor Nick Pachota held the Bible and a microphone.

Farrell’s entire campaign was based on challenging Neal’s push to develop the shopping center and Smith spoke in favor neighborhood preservation while campaigning, so their votes weren’t surprising.

Howard, who had voted with the council majority for the development on July 11, said Wednesday that the uncertain future of the court case prompted him to vote against the remapping decision.

The council voted 7-0 in October to approve a preliminary plat amendment for the planned-unit development.

“I feel like there’s nothing wrong with pumping the brakes,” Howard said, then later added, “I couldn’t get my head wrapped around why we keep moving this process forward under the assumption that this was a done deal – I’m struggling with that.”

New Venice City Council Member Ron Smith, right, recites the oath of office Tuesday morning. The oath was administered by City Clerk Kelly Michaels while Venice Mayor Nick Pachota held the Bible and a microphone.
New Venice City Council Member Ron Smith, right, recites the oath of office Tuesday morning. The oath was administered by City Clerk Kelly Michaels while Venice Mayor Nick Pachota held the Bible and a microphone.

Also on Tuesday, the council approved removing the proposed shopping center site and about 10 acres west of that – fronting Laurel Road – from its previous status as dedicated for space space.

What the court petition asks

Attorney Ralf Brookes, who now represents a group opposing the shopping center plan, the NVNA, as well as plaintiffs Gary Scott Kenneth Baron and Seth Thompson, argues that ,the July 11 council ruling failed to meet the requirements of the city’s Land Development Code.

Brookes noted Judge Brewer must determine whether the council followed due process, whether essential requirements of the law were followed and if the findings are supported by enough evidence.

What’s next?

A ruling by Brewer for the neighborhood residents' group would prompt a rehearing on July 11 decision, which passed 5-2, with Mayor Nick Pachota and Council Member Rachel Frank dissenting.

Farrell and Smith replaced board members who voted in favor of that map change – opening the possibility that the council could reverse its earlier decision in a rehearing.

Should Brewer rule in favor of the city and Border & Jacaranda Holdings, the next step would be site plan approval for proposed shopping center.

This article originally appeared on Sarasota Herald-Tribune: Venice council approves change for proposed shopping center