VENICE — A year ago, right before going on its summer break, the City Council approved a controversial rezoning of the Milano planned unit development.
A major concern of the people who opposed the rezoning, to allow the construction of a shopping center, was that the city didn't have a procedure for amending a PUD — specifically, whose consent is required.
North Venice Neighborhood Alliance and several property owners challenged the approval in court but Circuit Judge Danielle Brewer ruled against them last month. The group hasn't made a decision on whether to appeal that decision, NVNA treasurer Rick Cordner said.
But next week, right before going on its summer break, the Council will consider what, if anything, to do about that omission in the land development code.
After a presentation by staff in April, the Council authorized hiring a land-use consultant to offer options for changes to the code.
In a June 28 letter to the Council, Attorney Alison Yurko, of Winter Park, said that "it could be problematic" to require the consent of people who own property in a PUD but who aren't the owners of the property for which a change is being sought.
It could be construed as an unlawful delegation of legislative authority, she writes, because it effectively gives the other property owners veto power over any changes.
She suggests a number of ways the interests of neighboring property owners and the public could be protected when a PUD amendment is sought.
The city could, for example, create a special process similar to current land use review that would include public hearings but would be limited to the portion of the PUD in question.
It could also require the initial PUD application to identify the range of uses to which the property could be put, "lowering the possibility of after the fact 'surprise' change requests," it says.
Another option, it says, would be for the initial PUD approval to include consent by recorded documents to subsequent changes. That would put successors in title on notice that the PUD is subject to change.
Additional review criteria, such as whether the proposed change is consistent with the development theme of the PUD and the reasonable expectations of other property owners, could be added to the code, it says.
Implementing such changes wouldn't, in her opinion, violate a state law putting a moratorium on making land use codes more restrictive or burdensome, Yurko writes.
Other business
Also on Tuesday the Council is scheduled to:
• Consider the Citizen Advisory Board's recommendations of approval of a new circus mural on a city wall at 780 S. Tamiami Trail and placement of a statue and other interpretive elements in Centennial Park.
• Vote on placing the Municipal Mobile Home Park Clubhouse, 780 Firenze Ave. E., on the Local Register of Historical Resources.
• Vote on one budget amendment and hear first reading of another.
• Discuss the city's Pillar of the Community awards.
• Consider approving applying for federal grant funding for the construction of the new airport administration and terminal building at the Venice Municipal Airport.
• Consider approving a lease agreement with Blue Skies Unlimited LLC for the construction of an aircraft hangar at the Venice Municipal Airport.
• Consider authorizing the use of mobility fees for the Laurel Road Widening Project.
• Set the dates for the public hearings on millage and the budget for 5:01 p.m. Tuesday, Sept. 10 and 24; set the preliminary operating millage rate at 3.9041 mills; and set the debt service millage rate at 0.3632 mills for Fiscal Year 2024-25
• Proclaim the week of Aug. 4-10, 2024, as "National Health Center Week."
• Present a 10-Year service award to Community Rating System Coordinator Christina Rimes.
The City Council meets at 9 a.m. Tuesday, July 9, in Council Chambers at City Hall, 401 W. Venice Ave. The agenda is at VeniceGov.com at the "Meetings" button.
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