Commission Meeting Agenda Item

Agenda Item

Ordinance 2021-21 — An Ordinance of The Town Commission of Lady Lake, Florida, Granting Approval to Rescind the Development Order for The Tri-County Villages Lake Development of Regional Impact; Providing for Severability; Providing an Effective Date.

Department

Growth Management

  1. Motion to forward Ordinance 2021-21 to the Town Commission with the recommendation of approval.
  2. Motion to forward Ordinance 2021-21 to the Town Commission with the recommendation of denial.

Staff recommends approval of Ordinance 2021-21.

Summary

On Thursday, September 2, 2021, Jo O. Thacker of Nelson, Mullins, & Scarborough, LLP submitted a request to Town Manager, William Lawrence, to rescind the Tri-County Villages Lake Development of Regional Impact (DRI) Development Order.  The request was made on behalf of The Villages of Lake-Sumter, Inc., having an address at 3619 Kiessel Road, The Villages, Florida 32163.

Project Background

On January 18, 1988, the Town Commission approved Ordinance 88-1 which gave entitlements for 1,375 single-family units, 225 multi-family units and 500,000 square feet of commercial uses on 595.17 acres.  The original approval was under the name of Orange Blossom Gardens-South in the Lady Lake portion, and Orange Blossom Gardens – West within Sumter County. The original development order for the Tri-County Villages DRI was approved by the Town on October 12, 1994, by Ordinance 1994-17. Since that time, there have been numerous amendments to the Development Order as detailed in the attached “Project Background” summary submitted by the applicant.

The Florida Statutes, under 380.115, affords a process by which a DRI no longer subject to by operation of law may elect to rescind the development order.  The statute reads as follows:

380.115 Vested rights and duties; changes in statewide guidelines and standards.  A development that has received a development-of-regional-impact development order pursuant to s. 380.06 but is no longer required to undergo development-of-regional-impact review by operation of law may elect to rescind the development order pursuant to the following procedures:

(1) The development shall continue to be governed by the development-of-regional-impact development order and may be completed in reliance upon and pursuant to the development order unless the developer or landowner has followed the procedures for rescission in subsection (2). Any proposed changes to developments which continue to be governed by a development-of-regional-impact development order must be approved pursuant to s. 380.06(7). The local government issuing the development order must monitor the development and enforce the development order. Local governments may not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order. The development-of-regional-impact development order may be enforced as provided in s. 380.11.

(2) If requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s. 380.031(6), if such permit or authorization is subject to enforcement through administrative or judicial remedies.

The applicant has stated that they have satisfied all required mitigation of the development order; specific mitigation with respect to transportation, housing, and wildlife are listed in “Exhibit 2” of the applicants submitted materials and have been incorporated into Ordinance 2021-21 under “Request for Rescission” on pages 13 and 14 of the ordinance. The Tri-County Villages Planned Commercial (CP) zoning and supplemental Memorandum of Agreements shall remain in effect as the documents establishing the land use entitlements for further development of the property.

Fiscal Impact

Not applicable.

Source of Funding

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee found that Ordinance 2021-21 was ready for transmittal to the Planning and Zoning Board.

Public Hearings

The first reading of Ordinance 2021-21 before the Town Commission is scheduled for Monday, October 18, 2021, at 6 p.m. The second and final reading is scheduled for Monday, November 1, 2021, at 6 p.m.

TC/ns

Draft Ordinance 2021-21

AN ORDINANCE OF THE TOWN COMMISSION OF LADY LAKE, FLORIDA, GRANTING APPROVAL TO RESCIND THE DEVELOPMENT ORDER FOR THE TRI-COUNTY VILLAGES LAKE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the original development order ("the "Original Development Order") for the Tri-County Villages Development of Regional Impact (the "DRI") was approved by the Town of Lady Lake (the "Town Commission") on October 12, 1994, by Ordinance 94-17; and

WHEREAS, the original development order was amended by the Town Commission as follows: (i) the First Amendment to the Development Order was adopted on August 3, 1998 by Ordinance 98-13; (ii) the Second Amendment to the Development Order was adopted on October 18, 1999 by Ordinance 99-37; (iii) the Third Amendment to the Development Order was adopted on May 8, 2000 by Ordinance 2000-20; (iv) the Fourth Amendment to the Development Order was adopted on May 5, 2003 by Ordinance 2003-07; the Fifth Amendment to the Development Order was adopted on 2004-06 by Ordinance August 2, 2004; the Sixth Amendment to the Development Order was adopted on March 17, 2005 by Ordinance 2005-07; the Seventh Amendment to the Development Order was adopted on February 23, 2009 by Ordinance 2009-01; the Eighth Amendment to the Development Order was adopted on March 17, 2014 by Ordinance 2014-03; the Ninth Amendment to the Development Order was adopted on November 17, 2014 by Ordinance 2014-08; and the Tenth Amendment to the Development Order was adopted on June 18, 2018 by Ordinance 2018-25. The Original Development Order and these 10 amendments shall together be referred to as The Tri-County Villages DRI Development Order (or the "DRI DO"); and

WHEREAS, pursuant to Section 380.115, Florida Statutes, "if requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s.380.031(6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies."; and

WHEREAS, the Villages of Lake-Sumter, Inc. is the developer of the DRI Property, as more particularly described on EXHIBIT A attached hereto (the "Property"); and

WHEREAS, a Request for Rescission of the Tri-County Villages DRI Development Order (the "Request") dated September 2, 2021 was submitted to the Town of Lady Lake, Florida (the "Town") on behalf of the DRI developer, with a copy attached hereto as EXHIBIT B, and provided documentation that all required mitigation related to the amount of existing development has been completed; and

WHEREAS, the Tri-County Villages CP zoning and Memorandum of Agreement will govern future development of the Property; and

WHEREAS, based on the information contained in the Request, the Town has confirmed that all required mitigation related to the amount of existing development has been completed; and

WHEREAS, pursuant to Section 380.115(1), Florida Statutes, a change in any development of regional impact guideline or standard does not abridge or modify any vested or other right or duty or obligation pursuant to any development order or agreement that is applicable to a development of regional impact; and

WHEREAS, the Tri-County Villages CP zoning and MOA will remain in effect and will control the development of the Tri-County Villages development once the DRI Development Order is rescinded.

SECTION 1: Severability

The provisions of this Ordinance are declared to be separable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION 2: Effective Date

This ordinance shall become effective immediately upon its passage by the Town Commission, except as limited by the provisions of Section 171.06, Florida Statutes, as said provisions pertain to newly annexed property and the final adoption of a Comprehensive Plan Amendment by the Town Commission.

THEREFORE, BE IT ORDAINED, that based on the information contained herein, the Town hereby rescinds the Development Order for The Tri-County Villages Development of Regional Impact, acknowledging that the Tri-County Villages CP zoning and MOA, shall govern this development of the Property, which was subject to The Tri-County Villages DRI prior to this Order.

PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this 1st day of November, 2021.

Town of Lady Lake, Florida

______________________________

Ruth Kussard, Mayor

Attest:

______________________________

Nancy Slaton, Town Clerk

Approved as to form:

______________________________

Derek Schroth, Town Attorney

EXHIBIT A — Legal Description and Map

A TRACT OF LAND IN SECTIONS 6, 7 AND 18, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

COMMENCE AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 441/27 WITH THE WEST LINE OF THE SW1/4 OF SECTION 6; THENCE ALONG SAID WEST LINE RUN S00°09'15"E TO A POINT THAT IS N00°09'15"W, 306.67 FEET OF THE SOUTHWEST CORNER OF SECTION 6; SAID POINT BEING THE POINT OF BEGINNING; THENCE S89°44'22"E, 525.81 FEET; THENCE N48°21'06"E, 234.80 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 441/27; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EAST RIGHT-OF-WAY LINE OF OPAL DRIVE IN ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 9, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37K, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE SOUTH ALONG SAID NORTHERLY PROJECTION AND ALONG SAID RIGHT-OF-WAY LINE OF OPAL DRIVE TO THE NORTHWEST CORNER OF LOT 60, BLOCK 53, ORANGE BLOSSOM HILLS, SOUTH, UNIT 6, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37H, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE EAST TO THE NORTHEAST CORNER OF SAID LOT 60; THENCE SOUTH TO THE SOUTHEAST CORNER OF LOT 39 OF AFORESAID BLOCK 53; ALSO BEING THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF DAKOTA AVENUE; THENCE SOUTHWESTERLY ACROSS SAID DAKOTA AVENUE TO THE NORTHEAST CORNER OF BLOCK 45, ORANGE BLOSSOM HILLS, SOUTH, UNIT 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37G, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE CONTINUE SOUTH TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 2 IN SECTION 18; THENCE AGAIN CONTINUE SOUTH TO THE SOUTHEAST CORNER OF THE N1/2 OF GOVERNMENT LOT 7 IN SECTION 18; THENCE WEST TO THE SOUTHWEST CORNER OF AFORESAID N1/2 OF GOVERNMENT LOT 7; THENCE ALONG THE WEST LINE OF GOVERNMENT LOT 7, RUN S00°24'25"E, 663.70 FEET TO THE NORTH LINE OF THE S1/4 OF GOVERNMENT LOT 7; THENCE S66°37'14"E, 161.77 FEET; THENCE S00°23'19"E, 559.03 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD C-466 (BEING 80.00 FEET WIDE); THENCE WEST ALONG SAID RIGHT-OF-WAY LINE TO THE EAST LINE OF GOVERNMENT LOT 6 IN SECTION 18; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE S89°41'00"W, 726.2 FEET, MORE OR LESS, TO THE EAST LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 707, PAGE 359, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG AFORESAID EAST LINE RUN N00°23'52"W, 1,288.10 FEET, MORE OR LESS, TO THE SOUTH LINE OF ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37D, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG AFORESAID SOUTH LINE OF UNIT NO. 2 RUN WEST TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 14, ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37C, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 6; SAID POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF ALABAMA AVENUE; THENCE CONTINUE NORTH ACROSS SAID ALABAMA AVENUE TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 13 OF AFOREMENTIONED UNIT NO. 1; THENCE CONTINUE NORTH TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE EAST TO THE SOUTHWEST CORNER OF LOT 41, BLOCK 13 OF SAID UNIT NO. 1; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 41; SAID POINT LYING ON THE SOUTH RIGHT-OF-WAY LINE OF ARIZONA AVENUE; THENCE CONTINUE NORTH ACROSS SAID ARIZONA AVENUE TO THE SOUTHWEST CORNER OF LOT 4, BLOCK 12 OF SAID UNIT NO.1; THENCE EAST TO THE SOUTHWEST CORNER OF LOT 3, BLOCK 12 OF SAID UNIT NO. 1; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE WEST TO THE SOUTHWEST CORNER OF LOT 36, BLOCK 12 OF SAID UNIT NO. 1; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 36; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS AVENUE; THENCE WEST TO THE NORTHWEST CORNER OF LOT 35, SAID BLOCK 12; THENCE NORTH ACROSS SAID ARKANSAS AVENUE TO THE SOUTHWEST CORNER OF LOT 12, BLOCK 11 OF AFOREMENTIONED UNIT NO. 1; SAID POINT ALSO LYING ON THE NORTH RIGHT-OF-WAY LINE OF SAID ARKANSAS AVENUE; THENCE WEST TO THE SOUTHWEST CORNER OF LOT 24, BLOCK 11; SAID POINT ALSO LYING ON THE EAST RIGHT-OF-WAY LINE OF DIANA DRIVE; THENCE CONTINUE WEST ACROSS DIANA DRIVE TO THE SOUTHWEST CORNER OF LOT 4, BLOCK 4 OF SAID UNIT NO. 1; THENCE NORTH TO THE NORTHWEST CORNER OF LOT 67 OF SAID BLOCK 4; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE; THENCE CONTINUE NORTH ACROSS SAID CALIFORNIA AVENUE TO THE SOUTHWEST CORNER OF LOT 4, BLOCK 5 OF SAID UNIT NO. 1; THENCE CONTINUE NORTH TO THE NORTHWEST CORNER OF LOT 67 SAID BLOCK 5; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY LINE OF CAROLINA AVENUE; THENCE CONTINUE NORTH ACROSS SAID CAROLINA AVENUE TO THE SOUTHWEST CORNER OF LOT 4, BLOCK 6 OF SAID UNIT NO. 1; THENCE CONTINUE NORTH TO THE NORTHWEST CORNER OF LOT 67 OF SAID BLOCK 6; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF­ WAY LINE OF COLORADO AVENUE; THENCE NORTHEASTERLY ACROSS SAID COLORADO AVENUE TO THE SOUTHWEST CORNER OF LOT 3, BLOCK 7 OF SAID UNIT NO. 1; THENCE CONTINUE NORTH TO THE NORTHWEST CORNER OF LOT 68 OF SAID BLOCK 7; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY LINE OF DELAWARE AVENUE; THENCE CONTINUE NORTH ACROSS SAID DELAWARE AVENUE TO THE SOUTHWEST CORNER OF LOT 3, BLOCK 26 IN ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37E, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; SAID POINT ALSO LYING ON THE NORTH RIGHT-OF-WAY LINE OF SAID DELAWARE AVENUE; THENCE WEST ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 26 OF SAID UNIT NO. 3; THENCE NORTH TO THE SOUTHEAST CORNER OF LOT 64 OF SAID BLOCK 26; THENCE WEST TO THE SOUTHWEST CORNER OF LOT 60 OF SAID BLOCK 26; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 60; SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF­ WAY LINE OF DAKOTA AVENUE; THENCE CONTINUE NORTH ACROSS DAKOTA AVENUE TO THE SOUTHWEST CORNER OF LOT 11, BLOCK 27 OF SAID UNIT NO. 3; SAID POINT ALSO LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID DAKOTA AVENUE; THENCE EAST TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 27; SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF DIANA DRIVE; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY OF DIANA DRIVE TO THE SOUTHEAST CORNER OF LOT 70, BLOCK 30 OF SAID UNIT NO. 3; THENCE WEST TO THE SOUTHWEST CORNER OF LOT 64 OF SAID BLOCK 30; THENCE NORTH TO THE NORTHWEST CORNER OF SAID LOT 64; SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS AVENUE; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAXON DRIVE; SAID POINT ALSO BEING ON THE WEST LINE OF THE NW1/4 OF SECTION 18; THENCE ALONG SAID WEST LINE AND ALONG THE WEST LINE OF SECTION 7 AND 6 RUN NORTH TO THE POINT OF BEGINNING.

AND

THAT PORTION OF TRACT "A" OF OAK MEADOWS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 28, PAGE 64, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING SOUTH OF TRACT "6'', THE VILLAGE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 33, PAGES 92 THROUGH 97, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;

AND

TRACT "6", THE VILLAGE CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 33, PAGES 92 THROUGH 97, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;

AND

THAT PORTION OF THE NORTH 3/4 OF GOVERNMENT LOT 8, SECTION 7, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF U.S. HIGHWAY 441/27, LESS RIGHT OF WAY FOR ROLLING ACRES ROAD AND LESS THE FOLLOWING DESCRIBED PROPERTY:

A PORTION OF GOVERNMENT LOT 8, SECTION 7, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A 4 INCH X 4 INCH CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF LOT 14, OAK MEADOWS AS RECORDED IN PLAT BOOK 28, PAGE 64, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF ROLLING ACRES ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1677, PAGE 549, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE N0°13'28"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 356.19 FEET; THENCE N14°05'30"W ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF

23.18 FEET TO A 5/8 INCH IRON ROD, LB 4475, FOR A POINT OF BEGINNING; THENCE N89°46'46"W, A DISTANCE OF 297.17 FEET TO A 5/8 INCH IRON ROD, LB 4475; THENCE N00°13'14"E, A DISTANCE OF 485.24 FEET TO A 3 INCH ROUND CONCRETE MONUMENT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF US HIGHWAY 27 & 441 AS DESCRIBED IN OFFICIAL RECORDS BOOK 68, PAGE 619, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE S58°17'18"E ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE A DISTANCE OF 314.30 FEET TO A 5/8 INCH IRON ROD, LB 4475, BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND BEING SUBTENDED BY A CHORD BEARING OF S29°04'03"E, AND A CHORD DISTANCE OF 24.41 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°26'30" AND A DISTANCE OF 25.50 FEET TO A 5/8 INCH IRON ROD, LB 4475 MARKING THE POINT OF TANGENCY, SAID POINT LYING ON SAID WEST RIGHT OF WAY LINE OF ROLLING ACRES ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: S00°13'28"W, A DISTANCE OF 232.21 FEET TO A 5/8 INCH IRON ROD, LB 4475; THENCE S14°05'30"E, A DISTANCE OF 69.72 FEET TO THE POINT OF BEGINNING.

LESS AND EXCEPT THE FOLLOWING:

LOTS 7 THROUGH 9, BLOCK 82, ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 8 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37J, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; AND LESS LOTS 1 THROUGH 9, BLOCK 11, ORANGE BLOSSOM HILLS, SOUTH, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 37G, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.

EXHIBIT B — Request for Rescission

Request for Rescission of the Tri-County Villages Lake DRI Development Order

This Request for Rescission of the Tri-County Villages Lake DRI Development Order is submitted on behalf of The Villages of Lake-Sumter, Inc., having an address at 3619 Kiessel Road, The Villages, Florida 32163, by and through its Counsel, Jo 0. Thacker, Nelson Mullins Riley & Scarborough, LLP, 390 N. Orange Ave. Suite 1400, Orlando, Florida, 32801.

Project Background

  1. The Villages of Lake-Sumter, Inc is the developer of The Tri-County Villages Lake Development of Regional Impact (DRI). Attached hereto as EXHIBIT A is the legal description for the DRI property.
  2. The Tri-County Villages Lake DRI was originally approved as Orange Blossom Gardens-South in Lady Lake with Orange Blossom Gardens-West developed in Sumter County. Eventually both projects were re-named as The Tri-County Villages. A complete history of The Tri-County Villages Development Order and amendments in Lady Lake is provided below:

Lady Lake Ordinance 88-1

This ordinance, approved on January 18, 1988 by the Town Council, authorized the original DRI DO for OBGS. The DO authorized 1,375 single-family residential units, 225 multi-family units and 500,000 square feet of commercial space on 595.17 acres.

Lady Lake Ordinance 90-12

The Town Council approved this ordinance on May 7, 1990. The ordinance was passed to recognize the authorization of additional development of Orange Blossom Gardens in Sumter County. The DRI-sized addition to the development in Sumter County was treated as a substantial deviation from the OBGS DO. However, the new development in Sumter County was named Orange Blossom Gardens-West. No additional development was authorized in the Town of Lady Lake. See Sumter resolution dated May 29, 1990 below for development authorized for OBGW.

Lady Lake Ordinance 94-17

This amendment to Ordinance 90-12 provided approval for additions to the OBGS or Lady Lake portion of the development and consolidated the total development in Lady Lake. The DO approved total development in the Town of Lady Lake to be 2,048 single family attached or detached dwelling units on 393 acres; 1,250,000 square feet of Gross Floor Area of neighborhood, community, or general retail structures on 160 acres; 60 acres of golf courses, and 75 acres of related roads, recreation and conservation areas for a total project area of 688 acres, where residential density shall not exceed 3 dwelling units per gross acre.

Memorandum of Correction to Ordinance 94-17

A Memorandum of Correction was filed by the Town Manager of Lady Lake correcting three "scrivener's errors" to Ordinance 94-17.

Lady Lake Ordinance 98-13

This amendment designated an existing 48 unit hotel in the Village Town Center commercial area as a separate DRI land use and converted 100 units of residential sufficient to accommodate the 48 hotel units without increasing total traffic. The amendment added 47 townhouse hotel rental units to the Village Town Center commercial area and converted 35 units of residential and 8,000 square feet of retail commercial sufficient to accommodate the 47 hotel units without increasing total traffic. The amendment also designated an existing 8 screen movie theater in the Village Town Center commercial area as a separate DRI land use and converted 32,000 square feet of retail commercial sufficient to accommodate the 8 screen, 1,235 seat theater without increasing total traffic.

Lady Lake Ordinance 99-37

This Ordinance amended the DO to provide for the following changes:

Land use changes as reflected in the Land Use Allocation Table and Phasing Chart and Map H (revised August 1999) for the Sumter County Tri-County Villages area; transfer 47 existing townhouse villa hotel units allocated in the Village Town Center commercial area to the La Hacienda hotel location to increase the hotel allocation in this location to 95 units; add 33 new hotel units to the La Hacienda hotel location thereby raising the total hotel allocation in this location to 128 hotel units and decreasing the land area for the hotel land use by 6.3 acres to construct 80 new hotel units; add 147 townhouse residential units to the Village Town Center commercial area and increase residential acreage by 20.1 acres; convert 27,000 square feet of retail commercial sufficient to accommodate the additional 33 hotel units and 147 residential units and decrease Town Center commercial acreage by 13.8 acres.

Lady Lake Ordinance 2000-20

This ordinance added the Sumter County Commercial Area known as "Spanish Plaines" to Map H-1 so that it will depict the entire Town Center area. It reclassified three areas to Institutional land use to reflect church use. These areas include 4.0 acres for Church on The Square (Lady Lake), 3.4 acres for St. George Episcopal Church (Lady Lake), and 1.3 acres for St. Timothy's Catholic Church (Lady Lake). The ordinance reduced Town Center Commercial (Lady Lake) by 4.0 acres, 3.4 acres and 1.3 acres, a total of 8.7 acres. It added provisions to the DO strengthening the requirement to maintain level of service on public roads internal to the development.

Lady Lake Ordinance 2003-07

This Ordinance amended the DO to provide for the following changes:

  1. Add a 1.07 acre parcel located in the northwest quadrant of the US 27/441/Avenida Central intersection to the ORI to be designated on the Master Development Plan as Village Center Commercial without increasing any entitlements.
  2. Convert a 2.1 acre parcel located directly adjacent to the 1.07 acre (in A. above) from commercial to an 80 room hotel site by simultaneously reducing 25,000 square feet of currently approved commercial floor area to offset any external traffic impacts.
  3. Change the Annual Report due date from February 15 to May 1 beginning with the 2003 report.

Lady Lake Ordinance 2004-6

This Ordinance amended the DO to provide for the following changes:

  1. Add a 29.88 acre parcel to the DRI to be designated as Town Center Commercial without increasing entitlements.
  2. Provide a list of land uses specifically allowed in the 29.88 acre parcel.
  3. Incorporate a change from Residential to Town Center Commercial use (without changing entitlements) for a 2.54 acre parcel in the Town Center Commercial Area.

Lady Lake Ordinance 2005-7

This Ordinance amended the DO to provide for the following changes:

  1. Convert 29,000 square feet of Town Center Commercial floor area to 125 hotel rooms.
  2. Convert 1.4 acres from Town Center Commercial to Hotel.
  3. Update the Tri-County Villages Map H, H-1, and H-2.

There has been no change of local government jurisdiction since the last approval or DO was issued.

Lake County Ordinance 2009-1

This Ordinance amended the DO to provide for the following changes:

  1. Establish December 31, 2014 as the buildout date.
  2. Establish December 31, 2019 as the expiration date.
  3. Establish the Developer's cumulative transportation mitigation for significant state and regional roadways
  4. Establish full transportation mitigation on local roadways.
  5. Recognize that the Developer has now fully mitigated for the cumulative impacts of its development on Affordable Housing.
  6. Update the Master Development Plan (Maps H and H-1) to account for changes made by use of the Land Use Conversion Matrix and Amendments made by Sumter County.
  7. Clarify that the requirements for Annual Reports cease upon reaching buildout.

Permit Extension Requested by Villages of Lake Sumter pursuant to Section 54(19)(c)2. Chapter 2011-139, Laws of Florida dated August 2, 2011.

This Notice pursuant to Section 54(19)(c)2. Chapter 2011-139, Laws of Florida extended Phase, Buildout and Expiration dates for Tri-County Villages DRI.

The extended dates are:

Phase V Buildout Expiration

December 31, 2018

December 31, 2018

December 31, 2023

Lake County Ordinance 2014-03 dated March 17, 2014

This Ordinance amended the DO to provide for the following changes:

  1. Add Assisted Living Facility as a permitted use in areas designated as Town Center Commercial on the Map H.
  2. Amend Map H-1 to add 94 ALF beds and reduce commercial by 7,550 SF.

Lake County Ordinance 2014-08

This Ordinance amended the DO to convert 29 hotel rooms to 48 condominium units for the La Hacienda portion of the DRI.

Lake County Ordinance 2018-25

This Ordinance amended the DO in order to replace the proportionate share agreement with the latest version which had already been executed by all parties including the Florida Department of Transportation. The amendment also removed all references to the transportation mitigation since it had been satisfied. The new agreement did the following:

  1. Repealed and replaced the 2009 agreement with the new agreement;
  2. Recognized the Villages has fully mitigated for the impacts of The Villages DRl's and paid all of its required proportionate share payments with the exception of a final payment to the Marion County State Infrastructure Bank (SIB) loan amount of $3,314,576 due on December 2018;
  3. Relieved FDOT of any further requirement to complete any of the additional intersections listed in the 2009 agreement; and
  4. Removed the need for a Turnpike Interchange at County Road 468 for the reasons mentioned in the agreement; and
  5. Updated the status of various separate agreements entered into between the parties.
  6. The original DRI DO and all ten amendments shall be referred to collectively herein as The Tri-County Villages Lake DRI DO or DRI DO.
  7. The DRI DO currently approves the following:
  8. 2,108 residential units;
  9. 1,121,450 square feet of non-residential;
  10. 94 beds for assisted living facility use;
  11. 304 hotel rooms; and
  12. 8 screens for theater use.
  13. The following total development has occurred within the DRI:
  14. 2,042 residential units;
  15. 1,048,985 square feet of non-residential development; and
  16. 279 hotel rooms.
  17. The Developer has mitigated for all of its approved development.

Criteria for Rescission

  1. Pursuant to Section 380.115, Florida Statutes: "[i]f requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s. 380.031(6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies."
  2. All required mitigation has been completed for the developed portion of the DRI as set forth below.
  3. Since all required mitigation under the DRI DO has been performed for the amount of development that currently exists in the DRI, the Villages of Lake-Sumter, Inc. hereby requests that the Town of Lady Lake rescind the Tri-County Villages Lake DRI DO.

REQUEST FOR RESCISSION

  1. PROJECT BACKGROUND INCORPORATED. The facts set forth in the Factual Background above are true and correct and are hereby incorporated into this Request by this reference.
  2. TRI-COUNTY VILLAGES MITIGATION. The Tri-County Villages DRI Development Order mitigation requirements have been satisfied in the following manner:
  3. TRANSPORTATION

All Transportation Mitigation has been satisfied pursuant to the Town of Lady Lake Ordinance No. 2018-25 relating to the Amended Transportation Proportionate Share Agreement, including the final payment to the Marion County State Infrastructure Bank (SIB) loan amount of $3,314,576.

  1. HOUSING

Prior to development of Phase 4 and Phase 5 in 2004, the Developer's recalculation of the demand for affordable housing by employees showed nominal demand and those demands were mitigated by the Developer providing employee affordable housing in Oak Meadows.

  1. WILDLIFE

All Mitigation for the relocation of gopher tortoises pursuant to Permit No. W88113 issued by the Florida Game and Freshwater Fish Commission dated August 30, 1988 was completed. Up to 30 gopher tortoises were live captured, relocated and released in Lake County.

  1. TRI-COUNTY VILLAGES DRI RESCISSION. Based on the information presented herein, The Villages of Lake-Sumter, Inc. hereby requests rescission of the Tri-County Villages DRI DO.

 

______________________________

Jo O. Thacker

Nelson Mullins

390 N Orange Avenue, Suite 1400

Orlando, Florida 32801

______________________________

Date

WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance 91-21) pursuant to the requirements of Chapter 163, Part H, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and

WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part 2, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and

WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Regulations (LDRs) of the Town of Lady Lake, Florida, and Official Zoning Map in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part 2, Florida Statutes; and

WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider a proposed amendment to the Official Zoning Map and determined that said amendment as proposed is consistent with the Town of Lady Lake Comprehensive Plan and meets the requirements of the Town of Lady Lake Land Development Regulations.

THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida:

SECTION 1: Petition
Based upon the petition of certain landowners of property, which is located in Lake County Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Planned Commercial” (CP), entitled to the uses set forth in the Memorandum of Agreement attached as Exhibit “B” to be developed in substantial accordance with the Conceptual Plan, attached hereto as Exhibit “C”. Said petition has been approved by the Town Commission of the Town of Lady Lake in accordance with the Town of Lady Lake Comprehensive Plan, the Land Development Regulations of the Town of Lady Lake, the Charter of the Town of Lady Lake, and the Florida Statutes. The property described in Exhibit “A” hereto is hereby rezoned from “Lake County Ranchette District” (RA) to “Lady Lake Planned Commercial” (CP).

SECTION 2: Severability
The provisions of this Ordinance are declared to be separable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION 3: Effective Date
This ordinance shall become effective immediately upon its passage by the Town Commission, except as limited by the provisions of Section 171.06, Florida Statutes, as said provisions pertain to newly annexed property and the final adoption of a Comprehensive Plan Amendment by the Town Commission.

PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this 18th day of October, 2021.

Town of Lady Lake, Florida

______________________________
Ruth Kussard, Mayor

Attest:

______________________________
Nancy Slaton, Town Clerk

Approved as to form:

______________________________
Derek Schroth, Town Attorney

EXHIBIT "A" - Legal Description & Map

AN ORDINANCE OF THE TOWN COMMISSION OF LADY LAKE, FLORIDA, GRANTING APPROVAL TO RESCIND THE DEVELOPMENT ORDER FOR THE TRI-COUNTY VILLAGES LAKE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the original development order ("the "Original Development Order") for the Tri-County Villages Development of Regional Impact (the "DRI") was approved by the Town of Lady Lake (the "Town Commission") on October 12, 1994, by Ordinance 94-17; and

WHEREAS, the original development order was amended by the Town Commission as follows: (i) the First Amendment to the Development Order was adopted on August 3, 1998 by Ordinance 98-13; (ii) the Second Amendment to the Development Order was adopted on October 18, 1999 by Ordinance 99-37; (iii) the Third Amendment to the Development Order was adopted on May 8, 2000 by Ordinance 2000-20; (iv) the Fourth Amendment to the Development Order was adopted on May 5, 2003 by Ordinance 2003-07; the Fifth Amendment to the Development Order was adopted on 2004-06 by Ordinance August 2, 2004; the Sixth Amendment to the Development Order was adopted on March 17, 2005 by Ordinance 2005-07; the Seventh Amendment to the Development Order was adopted on February 23, 2009 by Ordinance 2009-01; the Eighth Amendment to the Development Order was adopted on March 17, 2014 by Ordinance 2014-03; the Ninth Amendment to the Development Order was adopted on November 17, 2014 by Ordinance 2014-08; and the Tenth Amendment to the Development Order was adopted on June 18, 2018 by Ordinance 2018-25. The Original Development Order and these 10 amendments shall together be referred to as The Tri-County Villages DRI Development Order (or the "DRI DO"); and

WHEREAS, pursuant to Section 380.115, Florida Statutes, "if requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s.380.031(6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies."; and

WHEREAS, the Villages of Lake-Sumter, Inc. is the developer of the DRI Property, as more particularly described on EXHIBIT A attached hereto (the "Property"); and

WHEREAS, a Request for Rescission of the Tri-County Villages DRI Development Order (the "Request") dated September 2, 2021 was submitted to the Town of Lady Lake, Florida (the "Town") on behalf of the DRI developer, with a copy attached hereto as EXHIBIT B, and provided documentation that all required mitigation related to the amount of existing development has been completed; and

WHEREAS, the Tri-County Villages CP zoning and Memorandum of Agreement will govern future development of the Property; and

WHEREAS, based on the information contained in the Request, the Town has confirmed that all required mitigation related to the amount of existing development has been completed; and

WHEREAS, pursuant to Section 380.115(1), Florida Statutes, a change in any development of regional impact guideline or standard does not abridge or modify any vested or other right or duty or obligation pursuant to any development order or agreement that is applicable to a development of regional impact; and

WHEREAS, the Tri-County Villages CP zoning and MOA will remain in effect and will control the development of the Tri-County Villages development once the DRI Development Order is rescinded.

SECTION 1: Severability

The provisions of this Ordinance are declared to be separable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION 2: Effective Date

This ordinance shall become effective immediately upon its passage by the Town Commission, except as limited by the provisions of Section 171.06, Florida Statutes, as said provisions pertain to newly annexed property and the final adoption of a Comprehensive Plan Amendment by the Town Commission.

THEREFORE, BE IT ORDAINED, that based on the information contained herein, the Town hereby rescinds the Development Order for The Tri-County Villages Development of Regional Impact, acknowledging that the Tri-County Villages CP zoning and MOA, shall govern this development of the Property, which was subject to The Tri-County Villages DRI prior to this Order.

PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this 1st day of November, 2021.

Town of Lady Lake, Florida

______________________________

Ruth Kussard, Mayor

Attest:

______________________________

Nancy Slaton, Town Clerk

Approved as to form:

______________________________

Derek Schroth, Town Attorney