LAKE COUNTY PLANNING AND ZONING COMMISSION
SEPTEMBER 6,2000
LAKE COUNTY BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 26,2000
PUBLIC HEARING # 7A003
GENERAL INFORMATION
APPLICANT: Akerman, Senterfitt & Eidson, P.A.
AGENT FOR APPLICANT: Cecelia Bonifay
EXISTING FUTURE LAND USE DESIGNATION: RURAL and SUBURBAN
SIZE OF PROPERTY: 1,433 acres
EXISTING LAND USE: Vacant
PROJECT DESCRIPTION: 2,259 single family residential units, 175 Multifamily)units, twelve acres of commercial (120,000 square feet) and a community church.
PETITION: An amendment to a previously approved Development Order to establish new commencement and build out dates. Extending the Commencement date, Phases I through III and the termination date bv five years less one day.
REQUESTED ACTION: TO APPROVE, APPROVE WITH CONDITIONS, OR TO DENY THE PROPOSED CHANGE TO THE DEVELOPMENT ORDER.
PURPOSE: The Development Order for Sugarloaf Mountain Development of Regional Impact, Section V Duration of Development Order spells out time limitations. The language in the Development Order reads as follows:
In the event the developer fails to demonstrate reliance on the development order by having substantially proceeded with the development approved herein within five years of the effective date of the development order, then development approval shall terminate. The above time limitations may be extended on Lake County's finding of excusable delay, in any proposed development activity, consistent with the substantial deviation provisions of subsection 380.06 (19)(m), Florida Statutes.
STAFF ANALYSIS:
ISSUE 1: Amendment of the Development Order
On June 22, 2000 Lake County received notification from the East Central Florida Regional Planning Council, that based upon additional information supplied by Akerman, Senterfitt & Eidson on June 16, 2000, the proposed amendments to the Sugarloaf Development Order are deemed not to be a Substantial change requiring additional regional review by the ECFRPC. With that confirmation the remaining course of action is local review of the amendment to the development order. The Lake County Board of County Commissioners issued the Development Order for Sugarloaf Mountain Development of Regional Impact.
Land Development Regulations, Section 14.01.04 states that after a Development Order has been issued it shall be unlawful, to change, modify, alter or otherwise deviate from the terms or conditions of the Development Order without first obtaining a modification of the Development Order. This provision was instituted in the Land Development Code to protect the procedural rights of the public.
Comment:
Generally, Land Development Regulation, Section 14.06.00 governs the review and approval of Developments of Regional Impact. However, this section does not specifically address amendments to the DRI Development Order. Therefore, Section 14.01.04 governs amendments to the DRI Development Order. Furthermore, Land Development Regulation, Subsection 14.04.06. D, regarding Alterations to Planned Unit Developments, does not control because (1) the applicant is not amending the PUD and, (2) this subsection only applies to an amendment of a preliminary PUD plan. As such, 14.01.04 governs this request for an amendment.
The definition of Development Order as found in the Land Development Regulations is defined as an order issued by the County Manager or designee, Board of Adjustment, or Board of County Commissioners, granting, denying, or granting with conditions an application for Development Permit and includes a DRI Development Order. The local government renders alt development orders.
Local Authority
Florida Statutes Chapters 125 and 163 grant Local Governments broad authority.
Chapter 125 County Government
Section 125.01 Powers and duties.
g) Prepare and enforce comprehensive plans for the development of the county.
Chapter 163 Intergovernmental Proarams
Section 163.3194 (1 ) a Legal Status of comprehensive plan.
After a comprehensive plan or element or portion thereof, has been adopted in conformity with this act, all development undertaken by,
and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element adopted.
Section 163.3194 (3) (a) A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.
Section 163.3194 (3) (b) development approved or undertaken by a local government must be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.
Section 163.3231 Consistency with the comprehensive plan and land development regulations. A development agreement and authorized development shall be consistent with the local government's comprehensive plan and land development regulations.
Comment:
The precondition that any amendments to the Development Order must comply with county (local) law and ordinances was not expressly waived or modified by the PUD document nor the DRI Development Order.
All development orders and actions taken by local government after plan adoption must be consistent with the plan.
ISSUE 2: Deviations pursuant to Chapter 380, Florida Statutes
The Development of Regional Impact (DRI) review process for governing the development of land does not replace local regulatory procedures. The process demands additional review and conditions to address regional as well as local issues.
The applicant requests a nonsubstantial amendment to the Development Order. The Department of Community Affairs and the East Central Florida Regional Planning Council have advised Lake County that the proposed change may be considered to be nonsubstantial.
When an amendment to a DRI is proposed, whether substantial or non substantial under Section 380.06 (19), the amendment must be consistent with the comprehensive plan.
Review by ECFRPC:
East Central Florida Regional Planning Council
Correspondence dated June 22, 2000:
“It is our opinion that these proposed changes do not result in an automatic substantial deviation determination pursuant to the threshold criteria of section 380.06 (19), Florida Statutes, nor is it expected that it will cause new or increased impacts to regional resources or facilities when considered independently or cumulatively with prior project changes. We therefore do nol recommend that this proposal be submitted for additional regional review by this agency.”
Comment:
Staff does not assert that additional regional review is necessary, however, all development orders and actions taken by local government after plan adoption must be consistent with the plan to include amendments to the original order.
Additionally, Section 380.06(15) (f), Florida Statutes prescribes notice and recordation requirements for the adoption of or subsequent amendments to a development order and the public hearing to include the requirement that a statement of which unit of local government adopted the development order be included in the notice.
Requested Amendment
|
Deadlines |
Tolled Deadline |
Requested Date |
Timeframes |
|
Effective Date |
Dec. 18, 1995 |
No change |
|
|
Commencement |
Dec. 18, 2000 |
Dec. 17, 2005 |
5 years - 1 day |
|
Phase 1 |
Nov. 22, 2003 |
Nov. 21, 2008 |
5 years - 1 day |
|
Phase 2 |
Nov. 22, 2013 |
Nov. 21, 2018 |
5 years - 1 day |
|
Phase 3 |
March 24, 2017 |
|
5 years - 1 day |
|
Termination |
|
Nov. 21, 2018 |
1 year, 7 mo, 28 days |
The buildout dates and termination dates were tolled for 1 year, 4 months, and 22 day during the pendency of an administrative hearing in 1995.
ISSUE 3: Excusable Delay
The application fails to document justification for not meeting the dates mandated in the DRI development order.
The project has not substantially proceeded with the development approved.
The annual report for reporting period December 1998 December 1999 confirms no development activity occurred during the reporting period. The report also states that "the five year period to demonstrate that substantial development has occurred therefore expires December 18, 2000".
Substantial development is defined in the Development Order as "the developer shall have constructed or caused to be constructed improvements that can be expected to generate at least 392 total ADT representing five percent of the first phase of the development."
Statutory vesting is defined in subsection 163.3167(8), Florida Statutes and gives the property owner the right to complete any development that has been authorized as a Development of Regional impact pursuant to Chapter 380, or has been issued a final local development order and development has commenced and is continuing in good faith.
The project has not proceeded in good faith.
ISSUE 4: Comprehensive Plan Policies
All development orders and actions taken by the local government after plan adoption must be consistent with the plan to include amendments to the original order.
Policy 11.6: Function of Future Land Use Category
Suburban Area
The primary functions of the Suburban area, as designated on the Future Land Use Map shall be to provide for residential development at an intensity that serves as a transition between Urban, Urban Expansion and Rural land uses, to protect native habitats and maintain open space, and to allow for the continuation of existing agricultural uses. Residential development in the Suburban area shall have a maximum density of one (1) dwelling unit per acre. The county shall incorporate a Planned Development concept for use within the Suburban Land Use Designation, which allows for an increase in density up to 3 dwelling units per acre (Policy 11A.2) Timeliness.
Rural Area
The primary functions of the Rural area as designated on the "Future Land Use Map", shall be to allow for the continuation of existing agricultural uses, maintain open space and protect native habitats. Residential development in the Rural area shall have a maximum density of one dwelling unit per five acres.
Comment:
The property lies within the Rural and Suburban Future Land Use Designations. The density of a development in an area designated as Suburban, but which is unable to meet the criteria of this policy, shall be limited to a maximum of one unit per five acres. Under the current designations approximately 286 dwellings could be developed on the parcel.
Policy 11.13 Land Use Density and Intensity
Upon adoption of this plan, the following land use density and intensity standards shall apply. Land Development Regulations adopted to implement the Comprehensive Plan shall be based on and be consistent with the following standards for densities and intensities as indicated below.
1. Residential: Rural: Residential Densities shall be permitted up to 1 unit per five acres. Eighty percent of the project site shall be retained as open space.
Suburban: Residential Densities shall be permitted up to 3 units per gross acre. (Subject to timeliness) The maximum ISR shall be no greater that 30 % of the development parcel.
Policy 11.15: Land Use Activities within Land Use Categories
3. Suburban: All land uses are allowed within the Suburban land use category except for the following land uses:
a. Residential developments over 1 du/ac to 3 du/ac
b. Commercial developments greater than 50,000 square feet
4. Rural: All land uses are allowed within the Rural land use category except for the following land uses:
a. Residential developments over 1 DU/5 AC
b. Commercial developments greater than 5,000 square feet
OBJECTIVE 11A: DIRECTING GROWTH IN THE SUBURBAN LAND USE DESIGNATION.
Policy 11 A. 1: Timing Residential Development in the Suburban Land Use Category.
The County shall evaluate the relative timeliness for a proposal for residential development in the Suburban land use designation.
The following factors are included:
1. There is no functional and proximate relationship between the proposed development and any other development;
2. The proposed land use is incompatible with adjacent and adjoining land uses, such as agriculture;
3. There is a lack of urban services, including but not limited to police , fire and EMS;
4. The adequacy of the collector and arterial road network is deficient; or
5. The degree of existing development surrounding the proposed development is less than:
c. Sixty percent (60%) developed within a two (2) mile radius for parcels containing 100.00 or more acres.
6. As used herein, "existing development" is the amount of an area included within parcels which contain:
a. residential structures at densities equal to or greater that 1 DU/AC or subdivisions with 1 acre or smaller lots which have been built out at least 50%; and
b. nonresidential structures, excluding agricultural related structures, including;
(1) roads
(2) parks; and
(3) other similar improvements
Comment:
The development fails to meet the timeliness test in the Comprehensive Plan for increased density. If the multi part test cannot be met the density is limited to one unit per five acres. The factors as found in Policy 11A.1 assist in determining if the project will contribute to urban sprawl. The project has no functional relationship to any other land uses needed to support the predominant residential use. There is a lack of balance between employment opportunities and the residential units. The project is located in a rural community with no "urban area" in close proximity. The cities of Montverde and Astatula cannot be considered urban thus the lack of functional and proximate relationship to supporting land uses.
Although the Development Order includes some services for the residential component it lacks a full array of urban services.
OBJECTIVE 11 B: RURAL LIFESTYLES. Preserve the Lifestyle of Areas Located in the Rural Land Use Designation.
Policy 11 B.1 Reinforce Positive Rural Lifestyles
The County shall institute policies and programs designed to reinforce the positive qualities of the rural lifestyle presently enjoyed by those living in the rural areas of Lake County.
Policy 112.4: Density Allocation.
Where densities are presented as a range, the maximum density shall not represent a guaranteed right. Subdivision, zoning, and site plan review criteria and procedures within the Land Development Regulations shall assure the specific density assigned to new development is compatible and consistent with the established residential development patterns and provides equitable use of the land. Criteria to be considered in the allocating density shall include, but not be limited to, the following:
1. Protect environmentally sensitive areas, particularly wetlands and flood plains.
2. Minimize impacts of flood hazards to development.
3. Protect neighborhood cohesiveness and stability of residential characters.
4. Assure compatible transitions between abutting low and medium and high residential districts.
5. Require compliance with the County's tree protection and landscaping ordinance.
ISSUE 5 PLANNING PRINCIPLES
Development Patterns: LIFESTYLE OF THE AREA
Change in Conditions: The original Planned Unit Development Ordinance was approved in 1991. In 1990, the area surrounding the project was large, vacant tracts of land. The 1990 aerials reflect that "no lifestyle of the area" was established. Consistent with historical land development in Florida in 1990, large vacant tracts were considered prime speculative development property.
Since that time the area has developed as a rural neighborhood lowdensity, characterized by social, economic and institutional activities, which may be largely based on agricultural pursuits.
Numerous Lake County citizens have selected this as a place to reside that offers a rural lifestyle. This urban interface of 2,259 dwelling units and 175 multi family units on 1,433 acres would be incompatible with adjacent and adjoining land uses.
SURROUNDING LAND USE: FUTURE LAND USE DESIGNATION:
NORTH: RURAL ESTATES RURAL
SOUTH: RURAL ESTATES SUBURBAN
EAST: PUBLIC RESOURCE LANDS RURAL RURAL ESTATES
WEST: RURAL ESTATES RURAL
This is not a logical extension of an intensive land use or existing urban core and will allow urban development in a rural setting at a substantial distance from existing urban areas. Sugarloaf Mountain PUD is approximately five (5) to six (six) miles from the City of Clermont.
With few exceptions, found in Chapter 380 (20), neither the statutes nor the comprehensive plan grant an unfettered right to introduce an inconsistent and or incompatible land use into a community. In fact Policy 114.1 of the Comprehensive Plan, entitled Existing NonCompatible Land Uses, states that the County shall reduce or eliminate existing noncomplying land use activities to the greatest reasonable and practical extent without intruding on the constitutional rights of the affected land owners.
RECOMMENDATIONS:
Lake County Growth Management
When an amendment to a DRI is proposed, whether substantial or non substantial under Section 380.06 (19), the amendment must be consistent with the comprehensive plan. The only amendments afforded this development are those of which would make the project consistent with the Lake County Comprehensive plan. The 1991 PUD was inconsistent with the 1977 plan, the Sugarloaf project was inconsistent with the 1991, 1993 , 1995 plan as with the current plan. The development order prescribes specific approvals with specific obligations to include proceeding with the development. The project has not met the requirement of demonstrating "substantial development" by the December 18, 2000 deadline. Staff recommends denial of the request.
Lake County Department of Public Works
1. The existing transportation requirements of the Sugarloaf Mountain DRI shall be retained.
2. Prior to preliminary plat approval(s) provide an updated traffic Impact Study for use in determining
Transportation Concurrency requirements for offsite impact created by the development.
3. Provide offsite impact construction improvements where required as determined by the Traffic Study
4. Prior to preliminary plat approval provide geotechnical pavement analysis of county roadways directly impacted by the development and/or construction traffic to determine the need for rehabilitation or
reconstruction by the developer.
CORRESPONDENCE RECEIVED:
PLANNING AND ZONING RECOMMENDATION:
BOARD OF COUNTY COMMISSIONERS:
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Lake County,
FL
