Commission Meeting Agenda Item
Ordinance 2019-02 (Second and Final Reading) — Ricardo J. Palacios and Francis M. Burgado Santiago — Rezoning Request from Lady Lake Heavy Commercial (HC) to Lady Lake Manufactured Homes High Density (MH-9) for Approximately .46 Acres Along Skyline Drive Owned by Ricardo J. Palacios and Francis M. Burgado Santiago, Referenced by Alternate Key 3793915, Lots 23 and 24 of Block B of the Skyline Hills Subdivision, within the Town limits of Lady Lake, Florida
Staff Recommended Motion
Staff recommends approval of Ordinance No. 2019-02.
A rezoning application has been filed with the Town of Lady Lake by Ricardo J. Palacios and Francis M. Burgado Santiago, requesting the rezoning of one parcel located along Skyline Drive, encompassing Lots 23 and 24 of Block B of the Skyline Hills Subdivision, just behind the existing Microtel site and across from the Ehlers Office Complex.
The request involves proposing the following uses on the .46-acre parcel:
The rezoning request is to re-designate the zoning classification from Heavy Commercial (HC) to Manufactured Homes High Density (MH-9).
The applicant is a veteran who recently received a home loan to purchase the parcel and install a 32’x68’ manufactured home on it. On Thursday, February 21, 2019, Mr. Palacios came into the office of the Town’s Building Department to find out the status of his building permit. At that time, he learned that no building permit application has been received by the department. Further, it was found that the zoning and future land use of the purchased parcel was not in compliance with the proposal to install a manufactured home. As a result, Mr. Palacios was given the option to find another suitable site on which to place the manufactured home or proceed with rezoning and small-scale future land use map amendment applications. In light of the legalities, timeframe, and costs associated with finding another lot when Mr. Palacios’ home loan already involves the subject parcel, Mr. Palacios and Ms. Burgado Santiago opted to proceed with the latter.
EXISTING AND PROPOSED ZONING DESIGNATION DEFINITIONS
Heavy Commercial (HC): This district is established to implement comprehensive plan policies for managing commercial development. This district is designed to accommodate general retail sales and services and wholesale services.
Manufactured Homes High Density (MH-9): This district is established to implement comprehensive plan policies to provide for the establishment of manufactured home dwellings in urban environments at a density not to exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed nine dwelling units per acre.
ADJACENT PROPERTIES ZONING DESIGNATIONS
To the west: Manufactured Home with a zoning district designation of Lady Lake Manufactured Homes High Density (MH-9).
To the east: Hotel site with a zoning district designation of Lady Lake Heavy Commercial (HC).
To the north: Office and medical complex with a zoning district designation Lady Lake Heavy Commercial (HC).
To the south: Single family residence with a zoning district designation of Lady Lake Residential Professional (RP).
The rezoning application was received on Thursday, February 21, 2019, and has been reviewed and determined to be complete, satisfying the necessary criteria as required for annexation under statutory requirements. A small-scale future land use comprehensive plan amendment has been submitted concurrently for the parcel.
The subject properties lie in Section 28, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions, a location map, and a survey of the property have been included with the submitted application. The application was found to meet the requirements of the Land Development Regulations (LDRs), as well as the adopted Comprehensive Plan and is ready for final consideration by the Town’s Planning and Zoning Board.
Notices to inform the 12 surrounding property owners within 150 feet of the property proposed by the rezoning request were mailed on Monday, February 25, 2019. The property was also posted on Monday, February 25, 2019.
See tables within meeting packet on file at the Clerk's office.
The Technical Review Committee (TRC) members individually reviewed the application for Ordinance 2019-02 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the March 11, 2019 meeting, the Planning and Zoning Board voted 4-0 to forward Ordinance 2019-02 to the Town Commission with the recommendation of approval.
At the April 1, 2019 meeting, the Town Commission voted 5-0 to approve Ordinance 2019-02 upon first reading.
Draft Ordinance 2019-02
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY .46 ACRES OF LAND OWNED BY RICARDO J. PALACIOS AND FRANCIS M. BURGADO SANTIAGO; REFERENCED BY ALTERNATE KEY NUMBER 3793915; LOCATED AT LOTS 23 AND 24 OF BLOCK B OF THE SKYLINE HILLS SUBDIVISION, WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LADY LAKE HEAVY COMMERCIAL(HC) TO LADY LAKE MANUFACTURED HOMES HIGH DENSITY (MH-9); PROVIDING FOR SEVERABIILTY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance 91-21) pursuant to the requirements of Chapter 163, Part H, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part 2, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Regulations of the Town of Lady Lake, Florida, and Official Zoning Map in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part 2, Florida Statutes; and
WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider a proposed amendment to the Official Zoning Map and determined that said amendment as proposed is consistent with the Town of Lady Lake Comprehensive Plan and meets the requirements of the Town of Lady Lake Land Development Regulations.
THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida:
SECTION 1: Petition
Based upon the petition of certain landowners of property, which is located in Lady Lake, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Manufactured Homes High Density” (MH-9). Said petition has been approved by the Town Commission of the Town of Lady Lake in accordance with the Town of Lady Lake Comprehensive Plan, the Land Development Regulations of the Town of Lady Lake, the Charter of the Town of Lady Lake, and the Florida Statutes. The property described in Exhibit “A” hereto is hereby rezoned from Lady Lake “Heavy Commercial” (HC) to “Lady Lake Manufactured Homes High Density” (MH-9).
SECTION 2: Severability
The provisions of this Ordinance are declared to be separable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION 3: Effective Date
This ordinance shall become effective immediately upon its passage by the Town Commission, except as limited by the provisions of Section 171.06, Florida Statutes, as said provisions pertain to newly annexed property and the final adoption of a Comprehensive Plan Amendment by the Town Commission.
PASSED AND ORDAINED this 15th day of April, 2019, in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the second and final reading.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A - Legal Description and Map
Parcel ID#: 28-18-24-0500-00B-02300; LADY LAKE, SKYLINE HILLS LOTS 23, 24 BLK B PB 16 PG 32 ORB 5217 PG 1349