Proposal for Cassata Oaks calls for 60 homes in Venice near Fox Lea Farm

Lina Portman2 weeks ago

1 3 minutes read

A previous developer's attempt to build two homes next to the equestrian center ended in a Bert Harris Act lawsuit.

VENICE — Two years after the late Frank Cassata and developer Mike Miller purchased a controversial 39.6-acre parcel north of the Fox Lea Farm Equestrian Center, the Venice Planning Commission will consider a plan to build homes there.

The planning advisory committee will have to approve a change in the zoning of the land for a maximum of three houses per acre. It was annexed in 2008 with Sarasota County Low Density Open Use designation.

The parcel is on the southeast corner of Auburn and Border roads and is separated from Fox Lea Farm by Fox Lea Drive. The equestrian center is in unincorporated Sarasota County.

How many houses would be built near Fox Lea Farm in Venice?

Meanwhile, Miller and the landowner, Auburn Road FC, LLC — which is controlled by Cassata's heirs and business successors and MPS Development — want to build 60 homes on the site.

That's just over half of the 118 homes that Michigan-based developer Herb Lawson proposed for that site in 2017.

Much has changed since then, with subsequent site plans for a planned unit development seeking fewer and fewer homes, with stipulations ranging from informing potential buyers about noise and traffic impact of owning a home adjacent to one of Sarasota County's premier sports. tourist sites, the ban on flying drones and setting off fireworks.

Land sale ends property rights lawsuit

When predecessor Auburn Road FC, LLC purchased the property for $3.2 million in 2022, it ended a lawsuit filed by Windham under the state's property rights protection law for the refusal in 2018 of a project to build a subdivision of 105 housing units. Attempts at mediation failed, although the proposal was reduced to 85 homes.

After the sale, attorney Jeff Boone – who represented Fox Lea in those previous lawsuits – failed to broker a deal between Fox Lea owner Kimberly Aldrich-Farrell and Cassata and Miller.

Boone is sidelined from this proceeding due to his prior work, with Fox Lea now represented by Morgan Bentley, whose associate Corinna Coser will seek affected party status for Fox Lea at the public hearing.

This status gives Fox Lea as much time as Auburn Road FC to make its case.

The plaintiff will be represented by Melissa Strassner of Berlin Patten Ebling and Mike Miller's daughter, Mariah Miller of ML Miller Law.

“By and large, everyone understands that one day houses will be built there, although, frankly, I think a hotel would be better,” Bentley said. “But the real issue is protecting them, protecting ourselves, protecting future owners.

“It’s just a unique situation to have a farm – such an important economic driver as Fox Lea Farm – right next to a fairly small housing estate.

Unique Aspects of Cassata Oaks

Although the zoning change would allow Miller to build up to three homes per acre when the joint planning agreement between Venice and Sarasota County is taken into account, the developer is only proposing 60 homes.

This includes 10 1.5-acre “estate” lots to the south, which would be separated from Fox Lea by 40 feet of buffer with trees, a three-foot earthen berm with an eight-foot fence.

Just north of that berm would be 10 individual stormwater ponds that represent part of Bentley's concerns.

“The design is definitely better than it was; the problem is that lakes are now less noisy than organic or artificial barriers,” Bentley said.

Unique aspects of Fox Lea Farm

Fox Lea Farm hosts events 42 weeks a year.

Most of them operate Tuesday to Sunday or Wednesday to Sunday, representing substantial overnight stays and local expenses even during normally slow times of the year.

Concerns raised during previous attempts to develop the adjacent property ranged from the impact of noise on the psyche of millions of dollars of show horses to the impact of construction on the water table and potentially the support of horses in the ring.

Laurie Birnbach, community relations representative for Fox Lea, said the company has three main concerns: that the neighborhood be compatible with the show's activities; this construction has no impact on the horses or the water table, which has an impact on the foot in the arena; and that there is adequate buffering.

To illustrate the first point, she noted that a new resident of Sawgrass — which is across Auburn Road from Fox Lea — filed a noise complaint after hearing an early morning broadcast.

“We hope that the developer will be aware of the importance of how this project is being done,” she added.

The Planning Commission meets Tuesday at 1:30 p.m. in the City Council Chambers at Venice City Hall, 401 W. Venice Ave.

A previous developer's attempt to build two homes next to the equestrian center ended in a Bert Harris Act lawsuit.

How many houses would be built near Fox Lea Farm in Venice?

Land sale ends property rights lawsuit

Unique Aspects of Cassata Oaks

Unique aspects of Fox Lea Farm

Lina Portman

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