The developers behind the Isla Carroll project in southern Wellington are not backing down without a fight. In a lawsuit filed in late March, the plaintiff behind the project is suing the village over the Wellington Village Council’s decision not to approve a rezoning request for the property.
For more than two years, McCourt Partners and Discovery Land Company have been working to convert the property off 120th Avenue South near the National Polo Center into a luxury community development.
The site sits in Wellington’s Equestrian Preserve Area (EPA), an over 9,000-acre area designed to protect Wellington’s rural and equine-based character that the village is known for. Despite the name, the preserve allows for development under certain conditions, which has been the subject of contentious debate in the community.
In February, Wellington’s council denied a rezoning request and master plan for the project. Developers applied to have the property changed to a planned unit development (PUD) to build 27 residential units and a clubhouse, and preserve the property’s eastern polo field for equestrian usage.
The United States Polo Association also tentatively entered into a 45-year agreement, with unlimited 10-year renewals, to use and maintain the Isla Carroll east field for polo matches during the season, if the project were to be approved. The council’s reasoning behind the decision was that they believed the development was not primarily equestrian in nature and, therefore, did not belong in the EPA.
The lawsuit claims that the denial is illegal and inconsistent with Wellington’s Comprehensive Plan. The plaintiff’s lawyers argue that the council misinterpreted its Comprehensive Plan because its decision seemed to only allow developments that are primarily equestrian instead of developments that are “equestrian-oriented or designed to further an equestrian lifestyle.”
The case was filed March 26 in the circuit court and is known as 120th Avenue South LLC vs. Village of Wellington.
The property was once owned by polo patron John Goodman. It has two polo fields and other horse-related amenities, but none are currently in regular use. In 2022, billionaire Frank McCourt purchased the land. His real estate firm, McCourt Partners, partnered with luxury residential developer Discovery Land Company, and they have been working to redevelop the 80-acre property. Many residents and community leaders have remained wary of the project because of its plan to replace parts of the polo fields with multi-million-dollar homes and a clubhouse.
Several Wellington advisory boards reviewed the project, with most board members voting to reject the plan. After each rejection, developers revised the project to address community concerns. Consistently, the main criticism was that the development did not seem to fit the preserve’s “equestrian lifestyle.” Opponents have argued that the main focus of the project is the homes and clubhouse, with equestrian amenities being an afterthought.
Originally, the plan was to build 40 homes on the site. According to developers during public meetings, the village’s current zoning laws allow them to build all of the homes over the entire site without any equestrian focus. To appease opponents, developers made efforts to incorporate some equestrian usage onto the property.
The latest iteration of the project decreased the total number of homes from 40 to 27, with four being larger lots to accommodate small equestrian farms. The east polo field will be preserved to be used for polo matches. Community residents would have some access to equestrian amenities on the site. Yet, the changes to the project were still not enough for the council to agree to allow it in the EPA.
The lawsuit calls for the village to declare that it misinterpreted its comprehensive plan. Plaintiffs are requesting an injunction requiring the village to approve the rezoning, preventing the council from applying the same interpretation to any future project, and an award of attorney’s fees.
According to the legal documents, pre-trial court proceedings are expected to begin in July, although if it moves forward without a settlement, the legal process will likely take years.
“The Wellington Village Council endeavors to ensure that all development serves the local community and is aligned with the requirements of Wellington’s Comprehensive Plan and Land Development Regulations. This development was not. Although the council’s decision was supported by competent substantial evidence, we will work with the plaintiff to attempt to resolve the matter,” Village Attorney Laurie Cohen said in a statement regarding the lawsuit.
