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Local Planning Agency tables 66.6-acre Hicks Ditch annexation amid density, wetlands and state moratorium concerns

July 18, 2025 | City of Eustis, Lake County, Florida


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Local Planning Agency tables 66.6-acre Hicks Ditch annexation amid density, wetlands and state moratorium concerns
The Local Planning Agency on June 19 voted to table a proposed future-land-use amendment and annexation for 66.55 acres south of County Route 44 and east of Hicks Ditch Road, citing unresolved density questions, wetland and floodplain concerns, and uncertainty created by a recently enacted state moratorium on local land-development-rule amendments.

Staff recommended that the city commission be asked to consider transmitting the applicant’s request (proposed ordinance 25-17) to change the property’s future land use from Lake County urban low (up to 4 dwelling units per acre) to city suburban residential (up to 5 dwelling units per acre). During the discussion, planning staff noted the site has utility availability on the west and north sides, identified multiple wetland areas and potential FEMA 100-year floodplain impacts in parts of the property, and described recharge rates across the site.

Major Stacy, the applicant’s representative, told the agency he and his team have completed a preliminary design and said, "The current plan right now is 3.5 dwelling units per acre." Stacy said the project team intends a single-family subdivision and that the proposed layout is below the 4-dwelling-per-acre county maximum. Stacy also noted on-site low-quality wetland features and a cattle pond that would be affected and described surface-water flows that discharge through twin pipes toward the west.

Agency members repeatedly voiced concern about relying on verbal density assurances without an enforceable agreement at annexation. One member asked whether the city could require a written commitment before annexation; staff replied that conditions or terms are not part of the annexation transmittal process and that any enforceable terms would typically be handled later through a Planned Unit Development (PUD) or agreement. The transcript includes a staff statement that "we can't put terms and conditions on an annexation," and members discussed requesting a formal legal opinion on how a new state law limiting local changes to land-development regulations applies to future projects.

Members also flagged a state legislative moratorium that staff said prevents the city from completing its LDR revisions until Oct. 1, 2027, unless the legislature acts again. That moratorium led members to ask for an opinion from the attorney general and for additional meetings between the applicant and staff. One member recommended that staff (Sasha) reach out to the attorney general for clarification. The applicant offered to meet individually with members and agency staff to address concerns.

After discussion, a motion to table proposed ordinance 25-17 passed by roll call: Vice Chair Ashcraft — Aye; Mister Holland — Aye; Miss Lee — Aye; Mister Aspadi — Aye; Chairman Hawkins — Aye. Staff and applicant representatives were directed to meet, and agency members requested a legal opinion and further clarification before the item returns to the Local Planning Agency or proceeds to the city commission.

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