Always Alert
The Horse Farms Forever watchdogs actively monitor all applications for development with a special focus on the Farmland Preservation Area. On late Thursday, June 18th, when the County published the Development Review Committee (DRC) agenda for the Monday, June 22nd meeting, the HFF watchdogs spotted something concerning and immediately sprang into action.
David Tillman of Tillman and Associates Engineering, the applicant for the Golden Ocala Equestrian Land WEC Polo Field and Facilities, submitted a waiver request to allow the release of building permits prior to approval of the Major Site Plan.
Early on Monday morning, Horse Farms Forever’s attorney, Matthew Brockway, submitted a formal letter to the County challenging the DRC’s authority to approve the waiver request.
At the DRC meeting, Chuck Varadin, Director of Growth Services, presented Brockway’s letter and asked Assistant County Attorney Linda Blackburn for clarification on the points in the HFF Brockway letter.
“There’s a letter that the Board has and so we’re looking for legal to provide some clarification on that going forward because there are a lot of plan approvals that the letter questions,” said Mr. Varadin.
Be sure to watch the video below of Mr. Varadin’s full comments.
Then, Ms. Blackburn, addressed the DRC, stating that the Development Review Committee did not have the authority to waive major site plans and she referenced the relevant sections of the County’s Land Development Code: Division 10, Waiver Request and Division 21 Major Site Plan.
“I know it has been done in the past, I’ve had consult with Mr. Minter (County Attorney) and Mr. Brockway is absolutely correct,” said Ms. Blackburn. “We are not to sidestep major site plan approval and then allow permits to go forward.”
Be sure to watch both videos below of Ms. Blackburn’s full comments.
The County’s Land Development Code establishes the DRC’s limited authority to grant waivers. The waiver provisions are intended to apply to design and improvement standards, “not the fundamental application, review, and approval procedures and requirements of the LDC,” as Mr. Brockway also states in his letter:
“The DRC lacks the power and authority to grant a waiver to release building permits prior to approval of the Major Site Plan as requested in Item 6.1.”
“Any DRC waiver of this nature is ultra vires and illegal.”
Outcome of WEC’s DRC Requests
Golden Ocala had two items on the DRC agenda related to WEC. The first was a request to revert to the 2020 PUD Master Plan for WEC that included a polo field where the 2026 PUD Master Plan showed a sports complex designated for soccer. The 2020 PUD Master Plan was revised to overlay the new WEC Polo Field and Facilities. The DRC unanimously approved the revised 2020 Master Site Plan.
The second agenda item was a waiver request to allow building permits to proceed before Major Site Plan approval for the new WEC Polo Field and Facilities. However, because the Master Site Plan mentioned above was approved, it became unnecessary to seek the waiver, and it was not considered.
LONG-TERM CONCERN
The issue regarding waivers extends far beyond this single application. Mr. Brockway’s letter caused a bit of a stir at the meeting as evidently the DRC has been routinely granting similar waivers for Major Site Plans, allowing building permits to move forward.
These waivers also set a dangerous precedent. The DRC is obligated to apply the Land Development Code as written, not grant waivers outside of their authority.
Discovering this violation of the Land Development Code is one of the main reasons why Horse Farms Forever’s watchdog mission is so important. The vigilance of the HFF watchdogs revealed a pattern of illegal waivers that have been routinely issued by the DRC.
Due to HFF’s objection and the Brockway letter, these waivers have been halted!
Always Alert
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