Venice council to workshop a solution for developers to change planned-unit developments

VENICE – The Venice City Council took steps Tuesday to fill a major gap in its development regulations to define the concept of “unified control” of a planned-unit development, in hopes of avoiding disputes between developers and subdivision residents that engulfed developer Pat Neal’s plan to build a Publix-anchored shopping center.

The council's decision last July enabling his plan to build the Village at Jacaranda and Laurel shopping center at the southwest corner of Jacaranda Boulevard and Laurel Road is being challenged by the North Venice Neighborhood Alliance, Kenneth Baron, Gary Scott and Seth Thompson in circuit court.

On Feb. 7, the city and Neal asked 12th Judicial Circuit Court Judge Danielle Brewer to dismiss that appeal.

The issue of when developers such as Neal lose unified control of common areas in planned-unit developments became a major point of contention, as residents felt betrayed by the developer’s decision to build the shopping center on wetlands that were shown as open space when they purchased the land for their homes.

“When people buy a home in a PUD – Milano in my case – we expect to live in a community as advertised,” Ollen Thomas told the council during public comment.

During his staff presentation, Venice Planning & Zoning Director Roger Clark explained that the real issue is a process for a developer to amend a planned-unit development.

Planned-unit developments have become desirable for municipalities because there is less uncertainty of how a project will develop and there is typically a reservation of 50% open space.

Development of a standard subdivision only requires a reservation of 35% open space.

During public comment, attorney Jeff Boone cautioned that if the city’s process becomes too restrictive, developers may just opt to revert to a standard subdivision.

The council voted 4-3 to schedule a workshop based on a motion by Council Member Ron Smith, who favored an option that would require a hearing on a complete rezoning of a planned-unit development for a change, providing the developer had approval of a yet-to-be-determined percentage of the property owners.

The developer would not need 100% approval of the residents but likely more than 50%. He was also intrigued by a portion of another option that would preserve open space once half of the potential homes are occupied. After that, the developer would only be allowed to change the use of land earmarked for development.

Council members Joan Farrell, Rachel Frank and Rick Howard voted in support of that motion, with Mayor Nick Pachota, Vice Mayor Jim Boldt and Council Member Helen Moore dissenting.

Pachota said he did not want to see the workshop confined to one option.

He later moved to have that workshop scheduled as soon as possible and direct staff to bring back the projected cost of hiring a consultant, so the city could see how other municipalities in the state handle the issue. That passed unanimously.

Airport to hire official to deal with noise concerns

In response to a recent flurry of complaints about increased jet noise and piggybacking off of discussions they had at the Feb. 5 strategic planning meeting, the council approved hiring an Airport Community Outreach Manager for the Venice Municipal Airport.

That official would be primarily charged with noise abatement, managing the airport Fly Friendly Program, as well as serving as a liaison with airport partners and a contract manager for the onsite manager at the Venice Mobile Home Park.

As part of the job, the official would set up microphones and monitor aircraft noise.

In a memo to the council, Airport Director Mark Cervasio said there is money in the current enterprise fund budget for the job.

Presentation to address flooding issues

In response to emails regarding recent street flooding in the beach area surrounding Flamingo Ditch, the commission directed staff to schedule a future presentation on drainage problems related to the ditch, possible improvements and potential funding solutions.

A natural channel near Flamingo Drive that is referred to as Outfall No. 5 among the city’s 16 stormwater drainage points, this one has been problematic in the past.

In 2011, stormwater flowing through the ditch was identified as being one of two most prolific sources of pollution that produced increased levels of enterococci, a bacteria found in human and animal waste.

Since then the city has conducted some maintenance on the ditch, including removal of invasive species and replacement with native plants.

A more ambitious plan to remove nutrient pollution was shelved because of cost and the fact that the city doesn’t actually own Flamingo Ditch, and easements could not be negotiated with the property owners that surround the ditch.

Assistant City Manager James Clinch, who was a stormwater engineer when that plan was shelved, said that even if it had been adopted, that would not have alleviated the flooding issue.

Smith, who asked for the future presentation, noted: “The problem is it’s backing up and flooding city streets and trapping homeowners in their homes and we are responsible for stormwater on city streets.”

Citizen advisory board members named

The council picked seven at-large members of a new Citizens Advisory Board, which replaces recently disbanded parks, environmental and arts advisory boards.

Mary Moscatelli, executive director of the Venice Arts Center, was guaranteed a seat on the board, as is a yet-to-be-named student representative.

The seven at-large members – Lloyd Weed, Roger Effron, Steve Carr, Phillip Ellis Kaitly Panfil, Nancy Dixon and Mary Davis – were the top 7 of 15 candidates, whittled down from 31 submissions.

Through the tenure of former mayor John Holic, potential board candidates would file an application and when an opening came up, the mayor would pick one, subject to the approval of the other six board members.

That all changed once Ron Feinsod was elected mayor. First Holic preemptively reappointed Barry Snyder and Shaun Graser to the Venice Planning Commission, prior to leaving office.

Eventually the council changed to a group process, which also had issues.

Pachota said that while he had issues with the public vetting process, he did not want to go back to the mayor choosing the candidates.

He then noted that shortly after he moved into the mayor’s office he found a hard-copy email to the private account of a previous mayor from a local political party suggesting potential advisory board candidates.

He gave that piece of paper to the city clerk’s office.

That email, sent Dec. 15, 2019 and supplied to the Herald-Tribune following a public records request, came from Barbara Desmond, then an officer at the Venice Area Democratic Club, to Feinsod.

The email, a list of a dozen of city residents who could serve on advisory boards, was sent along with the notation “Hope this helps. Please let them know I recommend them. Let me know what Boards u need to fill and I’ll keep an I out for candidates.”

Feinsod, contacted at his new home in Tucson, Arizona, at first did not recall the memo then later said that after he found out there was no advertising of open positions, he wanted to create a slate of people available for choice.

Asked why he did not forward the email to his public account, Feinsod said that he did not realize it was a potential Sunshine Law violation.

This article originally appeared on Sarasota Herald-Tribune: Venice to seek new way to consider changes to planned developments