Plan for 45 homes on Bird Bay golf course in Venice rejected by advisory board

VENICE – The Venice Planning Commission voted against a developer's proposal to shrink the Hawks Run Golf Course at Bird Bay Village from 18 to 12 holes and allow for the addition of up to 45 villas, as well as construction of a new clubhouse and restaurant.

The 7-0 decision Tuesday came after more than four-hour public hearing and turned on how broadly the city advisory board interpreted the use of a neighborhood open space protection strategy that was noted in the 2017 Venice growth plan, in a section pertaining to the Pinebrook Neighborhood.

That strategy calls for protection of open space within an existing residential development from redevelopment and infill development, and also notes that “reduction or elimination of open spaces developed consistent with the underlying" zoning "shall not be supported by the city.”

Related:Venice planning board to hear request to add 45 homes to golf course

Because the decision was made in a court-like hearing, those legal underpinnings for the decision will matter both when the City Council considers the development in two more public hearings, as well as if the issue lands in circuit court.

Planning Commission Chairman Bill Willson pointed that out as a key; board member Lissa MacDonald made the motion to reject the proposed amendment to the Bird Bay Planned Unit Development.

Jeff Boone, the attorney for Hawks Run developer Jason Picciano, managing partner of Paradise Realty Holdings, had argued that the preservation strategy – which only appears once in the comprehensive plan, in the Pinebrook section – should not apply to  Bird Bay.

“Can we agree with that or do we think that’s wrong?” planning board Chairman BillWilson asked the board.

All commissioners also said there was not enough detail in the request to change the binding master plan.

Boone had countered that Hawks Run would follow the same pattern that existed in the current development.

Planning Commission Member Jerry Jasper said the residents may change their mind about opposing the development, if more details were available.

More than two dozen people spoke about the development. Only four – including one prospective buyer of a Hawks Run unit – were in favor.

Most talked about the expectation of that land remaining undeveloped, and the potential loss of their views – as well as the promise of previous developers to preserve the golf course.

“We are coming up to our 50th anniversary as a community and we hope that you will honor the promises that were made to this community in past documents,” said Anne McBridem who added that a redesign of the course – which has fallen into disrepair – would be welcome.

Wil Brickner brought photos of the view from his Florida room – a panoramic view of the adjacent course.

“I ask that you don’t take my wife’s view away,” he added.

Unbuilt dwelling units

Bird Bay Village, established in 1972, Pinebrook and Capri Isles are the three oldest planned unit developments in the city of Venice.

The 1,026-home resort-style development on the east side of U.S. 41 Bypass, south of Roberts Bay, is technically built out. 

Picciano purchased the 33.3-acre Hawks Run Golf Course in February for $1.1 million. The course is the centerpiece of the 198.6-acre development and provides the bulk of its open pace.

But according to the 1992 development master plan, as many as 1,198 units could be built there, at a density of about six units per acre.

Not all of those were built on the available land, leaving as many as 172 approved unbuilt dwelling units in Bird Bay – but no available land for them.

Picciano wants to use 5.28 acres of golf course land that would back up to the Legacy Trail or Bird Bay Plaza to build 45 villas and shorten the golf course from 18 holes to 12.

In addition to permission to build on the golf course, Picciano is seeking a modification to the setback requirements along the Legacy Trail.

The current rules for a structure is to be set back from the property line a distance equivalent to twice its height.

The developer was asking for a modification to allow homes to be separated from the Legacy Trail by only 10 feet.

Planning Commission Member Richard Hale worried that such a distance would create a “canyon effect” for riders on the trail.

Missing paperwork

Robert Lincoln, attorney for The Bird Bay Community Association argued that in a 1977 amendment to the plan – which set the maximum number of units at 1,198 units – the developers agreement included a covenant to protect the golf course.

He also noted that the planning board in 1977 said it would not approve the amendment unless the golf course was preserved. That 1977 plan, he added, showed all of the units are accounted for.

“It shows the layout of the golf course but all of the units that are out there and approved on that plan, they are assigned to specific development areas,” Lincoln said.

When the 1977 developer’s agreement was signed, the developer did not change the zoning of the land to a planned unit development classification but instead agreed to develop it under the city’s planned unit development codes.

Because legal descriptions in documents dedicating the golf course as open space were inconsistent, the city did not accept them at that time. The developer never forwarded suitable paperwork – so there is no record of the golf course being declared open space.

Planning Commission Member Shaun Graser did not think that mattered.

“It seems to me the owner of this property bought a golf course, they didn’t buy developable land,” Graser said.

While the commission did not recommend approval of the change to the planned unit development binding master plan, it will still be considered by the City Council at two public hearings.

Even if it is ultimately approved, that doesn’t guarantee development, as Picciano, who owns the course through Hawks Run Development LLC, must still go through public hearings with the Planning Commission and City Council on a site and development plan for the clubhouse and restaurant and a preliminary plat for the homes.

Earle Kimel primarily covers south Sarasota County for the Herald-Tribune and can be reached at earle.kimel@heraldtribune.com. Support local journalism with a digital subscription to the Herald-Tribune.