The Hawks Run controversy continues with allegations that work began prior to the City of Venice approving the plan

All,

Last Tuesday 9/6, we all saw Hawk’s Run began their initial site work to prepare the area on the “Front 9” where they plan to put in their putting course. Later that same morning, we called the City and discovered they have a pending application for the work that had just commenced, but no approval.

Later in the week, our Attorney contacted several city officials regarding the premature commencement of this work. Roger Clark, the Planning Department Manager with the following:

“I have also contacted Code Enforcement and they are going to send an officer to the site to determine what is happening and to inform them to not perform any work until, and if a permit is approved and that any silt barrier must be removed as they have no approval. Obviously, they cannot perform any work that may be proposed only if the PUD amendment is approved, and that would require site and development plan approval.”

Both Attorney Lincoln’s initial email and Roger Clark’s full response are included below for your reference.

We will keep everyone posted as quickly as we can as we all move through this effort. As we expect comments from the City on the HRD resubmitted application, look for a follow-up eblast later in the week.

Many thanks for your continued support. If you have any questions, please don’t hesitate to reach out.

Your Golf Course Committee

_________________________________________________________________________________

From: Roger Clark <[email protected]>

Sent: Thursday, September 8, 2022 2:09 PM
To: Robert Lincoln <[email protected]>; [email protected]
Cc: Edward Lavallee <[email protected]>; Kelly Fernandez – Persson & Cohen <[email protected]>; Stacy Dillard-Spahn <[email protected]>; James Davis <[email protected]>; Jonathan Kramer <[email protected]>; Kathleen Weeden <[email protected]>; Cordy Crane <[email protected]>
Subject: RE: Construction on Hawk’s Run / Bird Bay Golf Course

Robert,

Upon hearing that there was activity in the Hawk’s Run area, I contacted the agent representing the land use applications on file to see what was happening. They were unaware of any activity and said they would look into it. I also spoke with our Engineering Dept., and they indicated a site prep permit had been applied for but was deficient and additional information was necessary. I requested to be included on any additional information received. I have checked with Engineering, and they have submitted a hand drawn site plan which is insufficient to determine what they are proposing. I have also had Engineering add a Planning review step to the permit so nothing will get issued without Planning approval. At this time, I do not know what exactly is proposed. I have also contacted Code Enforcement and they are going to send an officer to the site to determine what is happening and to inform them to not perform any work until, and if a permit is approved and that any silt barrier must be removed as they have no approval. Obviously, they cannot perform any work that may be proposed only if the PUD amendment is approved, and that would require site and development plan approval. I expect to hear back from Code Enforcement and will let you know the result of their investigation.

Thanks,

Roger

Roger Clark, AICP

Planning and Zoning Director

_________________________________________________________________________________

From: Robert Lincoln <[email protected]>
Sent: Wednesday, September 7, 2022 10:07 AM
To: Roger Clark <[email protected]>; Kathleen Weeden <[email protected]>
Cc: Edward Lavallee <[email protected]>; Kelly Fernandez – Persson & Cohen <[email protected]>; Stacy Dillard-Spahn <[email protected]>; James Davis <[email protected]>

Subject: Construction on Hawk’s Run / Bird Bay Golf Course

Dear Mr. Clark and Ms. Weeden:

As you are probably aware by now, Hawks Run has set up silt fencing and staged construction equipment on the Hawks Run/ Bird Bay Golf Course.  Based on the public statements and plans of the developer/owner, this activity appears to be in anticipation of constructing a new miniature golf/putting attraction much like the Popstroke course that recently opened at University Town Center.  It is my understanding that no zoning, land development, or building permits have been issued for that project.

As I have separately written to Mr. Clark, this poses a set of land use/zoning issues with respect to whether that use would be a distinct outdoor recreation use not authorized under the current Bird Bay PUD approvals.  It also raises questions about the expansion alteration of the existing golf course, whether there is sufficient parking, whether there will be lighting, and other zoning issues that would have to be addressed either through a formal site plan approval or – I would contend – through the amendment of the PUD.

The golf course manager has stated the proposed facility will use artificial turf putting surfaces.  If so, they will have to be installed on a permanent base that will be, at best, semi-pervious and most likely impervious.  That would create significant drainage/stormwater implications, and I believe the project would require an ERP from SWFWMD.  (I’d note that the Community Association had to obtain an ERP for its clubhouse property when the property was modified back in 2007).  SWFWMD’s GIS system does not indicate there is any pending application for a modification to the golf course.   Any change to the impervious surface and drainage of the property should require site and development plan review, apart from the zoning/use issues.

Please confirm that the City is investigating and will issue a stop-work order should any earthmoving or other development activity on the site commence without prior approval of a site and development plan.

Best regards,

Robert Lincoln