City takes Bella Citta developer on as a pro bono client in mediation with county
City to try variation of the Johnny Cochran gambit: "If the houses all fit, you must acquit!"
-- John Patten, 08/28/07
-- jpatten@veniceflorida.com

RELATED ARTICLE:
Boone, Hammett to join forces in legal war against Sarasota County on behalf of Bella Citta developer; guess who gets to sign the checks?
-- Venice Florida! dot com, 07/26/07

Got a comment? Make it here.

Defending the rights of developers is a noble profession
The city has agreed to defend Bella Citta, LLC, a land development company, in the ongoing battle with Sarasota County over interpretations of provisions in the Joint Planning Agreement.

According to an internal city memo from City Manager Marty Black, the county commission voted 3-2 yesterday to invoke the mediation process. County Commissioners Jon Thaxton, Shannon Staub, and Joe Barbetta voted for the mediation process. The city and the county now have ninety days to come to an agreement before other legal mechanisms come into play.

Black stated that City Attorney Bob Anderson and city staff will represent the city in the mediation. The city, in turn, is thus representing the position of Bella Citta, LLC, at no cost to the developer.

In effect, this means that city hall has become an ersatz pro bono law firm for Bella Citta, LLC.

Black wrote that any further consideration of the matter by council would be suspended pending the outcome of the mediation process.

Rattling the cage: a constituency gone wild
The prospect of mediation so exasperated one prominent area business that an emailed plea for sanity was sent to city hall.

Scott and Mary Frost, owners of the Darby Buick-Pontiac-GMC auto dealership emailed the following to Black and members of city council:

This may be the eleventh hour, but Scott and I would like to present our thoughts on the Bella Citta comprehensive planning issue.  We are part of the 16 households of 23 in Sorrento Ranches that are concerned with the plans submitted to the Venice City Council and pending approval.

As City of Venice business and property owners, as well as residents of Nokomis, we are concerned about the direction the City of Venice has taken on this issue. We are well aware of how important growth is to our area, and we support growth and development, which is essential to all of us in business in this area. However, we do believe that new growth should be in line with existing development.

Bella Citta, as currently proposed, is far from compatible with the properties in our area.  Sorrento Ranches is a five acre single family residential development, and the surrounding area is also single family housing, although on smaller parcels. We believe there has been the misconception that we are against development, that is not the case. We are only opposed to the proposed density, which is not compatible with the current zoning.  Development will occur, but it can be accomplished in a manner that is beneficial to all. A compromise should be reached that is satisfactory to all parties -- decrease the proposed density to a level that is acceptable to both the developer and the current residents, plan for adequate buffer zones, and make allowances for wildlife and proper water drainage.

Is it really necessary to build three story structures in the backyards of our homes?  Please take some time to reconsider the impact the current proposed plans would have on our neighborhood. We can and should be provided the opportunity to work together to make this proposed development a benefit to all.

Thank you for your consideration,
Scott and Mary Frost
Owners Darby Buick-Pontiac-GMC
 

Don't call us, we'll call you
The city's response to the Frosts was short and sweet. Black responded to the Frosts with a single sentence:

I have also provided copies to our Planning Director for the official file records since this is a quasi-judicial review.

That is, no doubt, a relief to the Frosts, who might have been worried that their letter of concern would not be tucked away in the appropriate place. The city's response assures the Frosts that their plea will be guarded quite safely.
 

John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He can also be incredibly rude at times.