No public input needed? Lady Lake aims to allow site plans without public hearing

"Making places better through a deliberate, inclusive, and collaborative process is more important than ever," writes Ann Ruzow Holland in her article, "If all planning is local, how are we going to save tomorrow? Ten pragmatic lessons from the field."

The article in the Journal of Environmental Studies and Sciences affirms that "people are not immune to, nor willing to ignore the significant impact that environmental and human-induced changes have on the drinking water, air quality, property, and protected landscapes."

These thoughts speak to concerns in Lake County. Taking into consideration Central Florida's population growth amid a fragile ecosystem and considerations for the state's wildlife corridor, Lake County commissioners and town officials have a tricky balancing act ahead of them.

Could we be at a crisis point when it comes to accommodating booming population growth with our existing infrastructure? How do we know we're making the right choices to expedite changes in our community?

In Lady Lake, citizens are concerned about the second reading of an ordinance at the commission meeting on Wednesday, Feb. 21, at 6 p.m. that will circumvent bringing a new plan for development on a town site to the public for comment provided no variances are needed.

Ordinance 2024-01 is a staff-initiated proposal to amend the site plan approval process within Chapter 7 of the Town of Lady Lake Land Development Regulations.

The ordinance proposal says, "Upon review of the current procedures, as well as reflection upon events which have occurred at previous public hearings, staff is of the opinion that the current site plan approval process is inefficient, unnecessary, and is a process which may be misleading to the general public."

Under the current process,the Lady Lake Town Commission can approve a final site plan. However, if a site plan proposal satisfies all of the requirements of the vested rights under an approved zoning ordinance, as well as the applicable building codes, the applicant shall be entitled to exercise those zoning and building entitlements, the new ordinance says.

"To deny a site plan proposal which fulfills those requirements can result in litigation against the Town," the town's agenda item recommending approval reads, adding that "such litigation is a waste of taxpayer dollars and will likely result in a decision against the Town for the taking of the landowner’s vested development rights."

The Lady Lake meeting agenda item also attempts to assure citizens that they will still have recourse.

The public has the right and the opportunity to express an opinion in the public hearings at which the establishment of the zoning entitlements is being proposed, it says, adding that if a variance is required to develop the property in the manner which the applicant desires, that process would also be subject to a public hearing. "Allowing public input on the site plan proposal gives the impression that residents have the ability to persuade the Commission to deny the site plan, when in reality, they do not, " the item stipulates.

When a site plan application is submitted to the Town of Lady Lake, the item explains that planning and zoning staff should be able to conduct a review of the proposal with a degree of technical expertise that the members of the Town Commission do not possess.

The town's growth management staff work with the application of the land development regulations on a daily basis. When taking a site plan to the venue of the public hearing, changes to the site plan may be requested of the applicant by the Town Commission which would result in demanding something that is not enforceable by code requirements, the proposed ordinance states.

Ordinance 2024-01 also recommends a process for a site plan review "conducted wholly by Town Staff and staff consultants as applicable" and clarifies that "Ordinance 2024-01 is not a proposal to remove any rights of the general public to determine the outcome of a site plan approval which they do not currently possess. Rather, it rectifies a process which is inefficient, unnecessary, and may be misleading to the general public. Staff recommends approval of Ordinance 2024-01 as presented."

"Most of our residential zoning districts have a 25% open space requirement as part of the platting requirement," explained Thad Carroll, Lady Lake's growth management director.

"The Town will continue to evaluate environmental assessment reports as part of our land use application review process," Carroll added.  "Where sensitive habitats or protected species are identified, they will be given the protections provided by the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or other agency having jurisdiction."

For more information about the Lady Lake site plan ordinance, visit ladylake.org/planning-and-zoning-meeting-agenda-item-2024001.

This article originally appeared on Daily Commercial: Developers may have less red tape and public interference in Lady Lake