Planning and Zoning Meeting Minutes
Minutes of the October 13, 2021
Planning and Zoning Meeting
The Planning and Zoning Board meeting was held in the Town Hall Commission Chambers at 409 Fennell Blvd., Lady Lake, Florida. The meeting convened at 5:30 p.m.
A. Call to Order
Chairperson Sigurdson
B. Pledge of Allegiance
C. Roll Call
Member Nora Choquette; Member Tim Saunders; Member Edward Regan; Chairman William Sigurdson
Member Absent: Member Debra Pressley
STAFF PRESENT:
Thad Carroll, Growth Management Director; Wendy Then, Senior Planner; and Nancy Wilson, Deputy Town Clerk
OTHERS PRESENT:
Sasha Garcia, Attorney, Bowen Schroth
D. Public Comment
Chairperson Sigurdson asked if there were any comments from anyone in the audience. There were no comments.
E. New Business
1. Approval of Minutes
Member Choquette made a motion to approve the September 13, 2021, Planning and Zoning Board meeting minutes with a change on page 3, line 8 where “Chairman Saunders” should be changed to “Member Saunders”. Member Saunders seconded the motion; motion carried by a vote of 4 to 0.
2. Ordinance 2021-21 – Recission of Development Order for the Tri-County Villages Lake Development
Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office.)
Recission of the Tri-County Villages Lake Development of Regional Impact (DRI) Development Order was requested on September 2, 2021. Since January 1988, there have been numerous amendments made to the Development Order. The original DO authorized 1,375 single-family residential units; 225 multi-family units and 500,000 square feet of commercial space on 595.17 acres.
After many years and several adopted ordinances, the current DO approves 2,108 residential units; 1,121,450 square feet of non-residential; 94 beds for an assisted living facility; 304 hotel rooms; and 8 theatre screens.
Pursuant to 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Statutes, “if requested by the developer or landowner, the development of regional impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of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, provided such permit or authorization is subject to enforcement through administrative or judicial remedies.”
No zoning or land use changes have been requested.
All required mitigation has been completed for the developed portion of the DRI by the applicant.
Growth Management Director Carroll stated that if the DRI DO is rescinded, the CP (Planned Commercial) zoning and MOA will govern and control the property. He added that there are also properties within the legal description that are zoned PUD (Planned Unit Development) and MX-8 (Mixed Residential Medium Density). Thus, there are three types of zoning that the properties will revert to upon recission.
Member Regan asked if what is being requested is a sliver of mixed-use property surrounded by commercial.
Senior Planner Then responded that the request to rescind the DRI is to memorialize that they have complied with state requirements and performed all required mitigation. The property will revert to zoning and future land use; whatever uses are permitted under the memorandum of agreement will be allowed.
Mr. Carroll clarified that essentially what is happening is there is a DRI DO that has certain limitations and entitlements that are spelled out. So, if this is rescinded, future applications will be reviewed to determine if they are consistent with zoning and future land use; it won’t be necessary to look at the DO.
Paul Hannan - 1227 E. Schwartz Blvd.
Mr. Hannan stated that he is one of three commissioners who lives in The Villages and there are 2,400 constituents in his ward who have kept him on the Commission since 2004. Those of us who have lived here a long time remember The Villages like it was which is nothing like it is today. We were attracted by certain amenities including Katie Bells. People were attracted to the area because of all the amenities but now, the developers do not care about the promises made; they only care about money. He added that the Town has the discretion to approve or deny a request to change a development plan that has been in place for over 30 years.
Jim Cipollone - 2162 Madero Drive
Mr. Cipollone stated that a DRI is an improvement of facilities that are already there. Those who own businesses in Spanish Springs and Lake Sumter Landing were not considered in this matter. They want people to come to Spanish Springs by having activities and venues that attract them. The business owners think apartment dwellers would detract from The Villages’ businesses and would like something like Katie Bells to go in there. There are plenty of other places to build apartments. People bought in the area because of the available entertainment. The interests of the residents in The Villages should be considered.
Chairman Sigurdson asked if Ordinance 2021-21 does not get passed, does everything stay the same?
Board Attorney Garcia Sasha responded that the statute indicates that the Board should approve the ordinance if mitigation has occurred. Mitigation has occurred and the developer has complied with all requirements. The statute reads “shall”; “shall” is mandatory language. The Planning & Zoning Board is an advisory board so this will go before the Commission for two readings, and they will make the final decision. Ordinance 2021-21 is strictly for the recission of the DRI and not about future plans for the property.
Jo Thacker – attorney for the applicant
Ms. Thacker emphasized that the request is only for the recission of the DO. She stated that they are not there to talk about apartments or Spanish Springs. Pursuant to the statute, they have made the request to rescind the DRI and have submitted all the information that shows that they have met and satisfied the mitigation which is the requirement under the statute.
Member Choquette said she is not a proponent of apartments in Lady Lake but she believes that they have to follow the language that has been set forth and the Board must honor their obligation.
Member Choquette made a motion to forward Ordinance 2021-21 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion.
Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office.)
Recission of the Tri-County Villages Lake Development of Regional Impact (DRI) Development Order was requested on September 2, 2021. Since January 1988, there have been numerous amendments made to the Development Order. The original DO authorized 1,375 single-family residential units; 225 multi-family units and 500,000 square feet of commercial space on 595.17 acres.
After many years and several adopted ordinances, the current DO approves 2,108 residential units; 1,121,450 square feet of non-residential; 94 beds for an assisted living facility; 304 hotel rooms; and 8 theatre screens.
Pursuant to 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, provided such permit or authorization is subject to enforcement through administrative or judicial remedies.”
No zoning or land use changes have been requested.
All required mitigation has been completed for the developed portion of the DRI by the applicant.
Growth Management Director Carroll stated that if the DRI DO is rescinded, the CP (Planned Commercial) zoning and MOA will govern and control the property. He added that there are also properties within the legal description that are zoned PUD (Planned Unit Development) and MX-8 (Mixed Residential Medium Density). Thus, there are three types of zoning that the properties will revert to upon recission.
Member Regan asked if what is being requested is a sliver of mixed-use property surrounded by commercial.
Senior Planner Then responded that the request to rescind the DRI is to memorialize that they have complied with state requirements and performed all required mitigation. The property will revert to zoning and future land use; whatever uses are permitted under the memorandum of agreement will be allowed.
Mr. Carroll clarified that essentially what is happening is there is a DRI DO that has certain limitations and entitlements that are spelled out. So, if this is rescinded, future applications will be reviewed to determine if they are consistent with zoning and future land use; it won’t be necessary to look at the DO.
Paul Hannan - 1227 E. Schwartz Blvd.
Mr. Hannan stated that he is one of three commissioners who lives in The Villages and there are 2,400 constituents in his ward who have kept him on the Commission since 2004. Those of us who have lived here a long time remember The Villages like it was which is nothing like it is today. We were attracted by certain amenities including Katie Bells. People were attracted to the area because of all the amenities but now, the developers do not care about the promises made; they only care about money. He added that the Town has the discretion to approve or deny a request to change a development plan that has been in place for over 30 years.
Jim Cipollone - 2162 Madero Drive
Mr. Cipollone stated that a DRI is an improvement of facilities that are already there. Those who own businesses in Spanish Springs and Lake Sumter Landing were not considered in this matter. They want people to come to Spanish Springs by having activities and venues that attract them. The business owners think apartment dwellers would detract from The Villages’ businesses and would like something like Katie Bells to go in there. There are plenty of other places to build apartments. People bought in the area because of the available entertainment. The interests of the residents in The Villages should be considered.
Chairman Sigurdson asked if Ordinance 2021-21 does not get passed, does everything stay the same?
Board Attorney Garcia Sasha responded that the statute indicates that the Board should approve the ordinance if mitigation has occurred. Mitigation has occurred and the developer has complied with all requirements. The statute reads “shall”; “shall” is mandatory language. The Planning & Zoning Board is an advisory board so this will go before the Commission for two readings, and they will make the final decision. Ordinance 2021-21 is strictly for the recission of the DRI and not about future plans for the property.
Jo Thacker – attorney for the applicant
Ms. Thacker emphasized that the request is only for the recission of the DO. She stated that they are not there to talk about apartments or Spanish Springs. Pursuant to the statute, they have made the request to rescind the DRI and have submitted all the information that shows that they have met and satisfied the mitigation which is the requirement under the statute.
Member Choquette said she is not a proponent of apartments in Lady Lake but she believes that they have to follow the language that has been set forth and the Board must honor their obligation.
Member Choquette made a motion to forward Ordinance 2021-21 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion.
| Member | Vote |
| Pressley | YES |
| Saunders | YES |
| Choquette | YES |
| Sigurdson | YES |
F. Chairperson and Members' Report
G. Adjourn
With nothing further to discuss, the meeting adjourned at 5:53 p.m.
Respectfully submitted,
___________________________
Nancy Wilson, Deputy Town Clerk
___________________________
William Sigurdson, Chairperson