Commission Meeting Agenda Item
Ordinance 2019-08 (Second and Final Reading) — Orange Blossom Gardens Chapel of All Faiths, Inc. — Rezoning Request from Lady Lake Mixed Residential Medium Density (MX-8) to Lady Lake Public Facilities District (PDF) for Property Being Approximately 0.076 Acres Owned by the Villages Center Community Development District (VCCDD), addressed as 1401 Paradise Drive, Portion of Land Referenced by Alternate Key 3750047, within the Orange Blossom Gardens Unit 1 Subdivision, within Town Limits
Staff Recommended Motion
Staff recommends approval of Ordinance 2019-08.
A rezoning application has been filed with the Town of Lady Lake by Robert W. Merza with Orange Blossom Gardens Chapel of All Faiths, Inc., on behalf of property owners, Village Center Community Development District, requesting the rezoning of certain subject parcel located along the northeast intersection of Wales Plaza and Paradise Drive, addressed as 1401 Paradise Drive, next door to the Paradise Regional Pool and Recreation Center, in Section 06, Township 18 South, Range 24 East, in Lake County.
The parcel involves approximately .076 acres or 3,332 square feet of property proposing the following uses:
House of worship, church office with associated ministries including community outreach, Christian education, congregation meetings, and worship, area to promote home and foreign missions, area for men’s and women’s fellowship meetings, area for AA weekly meetings, classrooms (educational), kitchen/café area with seating capacity for 25 to 35 guests, and a future 3,332-square-foot church expansion.
The subject parcel is developed as a landscaping curbing abutting the existing 8,696-square-foot Chapel of Christian Faith Church building on the elevation facing Paradise Drive. The Church has no immediate plans to develop the subject parcel; however, they decided to purchase the land to have options for future church building expansion.
ADJACENT PROPERTY ZONING
To the west across Paradise Drive: Bocce Ball Court VCCDD Amenities for Villages residents with a Zoning District Designation of Lady Lake Planned Commercial (CP).
To the east: Existing Chapel of Christian Faith with a Zoning District Designation of Lady Lake Public Facilities District (PFD).
To the north: Paradise Regional Pool & Recreation Center VCCDD Amenities with a Zoning District Designation of Mixed Residential Medium Density (MX-8).
To the south: Existing Chapel of Christian Faith with a Zoning District Designation of Lady Lake Public Facilities District (PFD).
The rezoning application was received on Tuesday, April 30, 2019, and has been reviewed and determined to be complete, satisfying the necessary criteria as required for rezoning the Town’s Land Development Regulations. A small-scale future land use comprehensive plan amendment and rezoning applications have been submitted concurrently for the parcel.
The subject properties lie in Section 06, 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 Commission.
Notices to inform the surrounding four property owners within 150 feet of the property proposed by the annexation request were mailed Thursday, May 23, 2019. The property was posted Thursday, May 23, 2019 also.
The Technical Review Committee (TRC) members individually reviewed the application for Ordinance 2019-08 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the June 10, 2019 meeting, the Planning and Zoning Board voted 3 to 0 to forward Ordinance 2019-08 to the Town Commission with the recommendation of approval.
At the July 1, 2019 meeting, the Town Commission voted 5 to 0 for approval of Ordinance 2019-08 upon first reading.
Draft Ordinance 2019-08
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 0.076 ACRES OF LAND OWNED BY THE VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT; PORTION OF LAND REFERENCED WITHIN ALTERNATE KEY NUMBER 3750047; ADDRESSED AS 1401 PARADISE DRIVE, WITHIN THE ORANGE BLOSSOM GARDENS UNIT 1, IN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LADY LAKE MIXED RESIDENTIAL MEDIUM DENSITY (MX-8) TO LADY LAKE PUBLIC FACILITIES DISTRICT (PFD); 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.
NOW, THEREFORE, be it ordained by the Town Commission of the Town of Lady Lake, in Lake County, Florida:
SECTION 1: Petition
Based upon the petition of certain landowner of property, which is located within the Town’s limits, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Public Facilities District” (PFD). 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 Mixed Residential Medium Density” (MX-8) to “Lady Lake Public Facilities District” (PFD).
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 at the regular meeting of the Town Commission of the Town of Lady Lake, Florida, held on the 15th day of July, 2019.
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
Portion of Parcel ID#: 06-18-24-1100-000-01300; Commence at the most westerly corner of Lot 6, Orange Blossom Gardens Unit One, according to the plat thereof as recorded. In Plat Book 18, Page 9, Public Records of Lake County, Florida; thence run North 41 degrees 21 minutes 30 seconds West a distance of 60.00 feet to the intersection of the northwesterly right-of-way line of Wales Plaza with the Northwesterly extension of the northeasterly right-of-way line of Paradise Drive; thence along said northeasterly right-of-way line of Paradise Drive continue North 41 degrees 21 minutes 30 seconds West a distance of 120.10 feet to the most westerly corner of property described in official records book 1874, page 2324, public records of Lake County, Florida; thence along the westerly line of aforesaid property run North 48 degrees 38 minutes 30 seconds East a distance of 14.00 feet for the point of beginning; thence continue North 48 degrees 38 minutes 30 seconds East a distance of 36.00 feet to the southerly boundary of property described in official records book 698, page 2493, public records of Lake County, Florida; thence along said southerly boundary run North 41 degrees 21 minutes 30 seconds West a distance of 98.00 feet; thence departing said line run South 49 degrees 53 minutes 30 seconds West, a distance of 34.00 feet; thence South 40 degrees 11 minutes 26 seconds East, a distance of 98.76 feet to the point of beginning.
Exhibit B - Memorandum of Agreement
This Memorandum of Agreement dated this ____ of ________, 2019, between the Town of Lady Lake, Florida, a Florida municipal corporation (the “Town”), whose mailing address is 409 Fennell Blvd., Lady Lake, Florida 32159, and Orange Blossom Gardens Chapel of All Faiths, Inc., whose mailing address is 1401 Paradise Drive, Lady Lake, FL 32159.
The Village Center Community Development District is the current owner of the subject parcel to be rezoned. Orange Blossom Gardens Chapel of All Faiths, Inc. is the current owner of another parcel abutting the subject parcel, as depicted and described in the Bubble Plan of Exhibit “C” and will be pursuing the purchase of the subject parcel upon rezoning ordinance being adopted.
The real property described as Parcel “A” in the legal description and Bubble Plan of Exhibit “C” enclosed is currently zoned Mixed Residential Medium Density “MX-8” pursuant to the zoning ordinances and Land Development Regulations of the Town and a Future Land Use of Recreation “P”. The real property described as Parcel “B” in the legal description and Bubble Plan of Exhibit “C” enclosed has a Future Land Use Map designation of Religious Facilities “RF” and is currently zoned Public Facilities District “PFD”.
The applicant wishes to change the current future land use of Parcel “A” to Religious Facilities (RF) and the zoning designation to Lady Lake Public Facilities District (PFD), consistent with Parcel “B” and with the Lady Lake Comprehensive Plan and Land Development Code.
This memorandum of Agreement in no way implies the authority of any governmental agency to interfere with the lawful activities or ministries of the church or to infringe upon the “Objective” of the Orange Blossom Gardens Chapel of All Faiths, Inc:
The general nature or objective of this corporation is to conduct religious worship and instruction, churches, pastorium, and other institutions connected therewith of a religious, educational, charitable or benevolent character to the end that its own members and others may be generally instructed and guided. The mission is to “advance spiritual growth and enlightenment among its membership by loving people into a life changing relationship with Jesus Christ”.
NOW THEREFORE, in recognition of the foregoing, the parties agree to the following terms and conditions as part of the proposed PFD zoning for that property depicted and described in the attached legal description of Exhibit “A” and depicted and described in the attached bubble map.
Lots: The Orange Blossom Gardens Chapel of All Faiths, Inc. property consists of two parcels.
Permitted Uses: Permitted uses within the Public Facilities District under Chapter 5, Section 4). q). of the Town of Lady Lake Land Development Regulations to include house of worship, church office with associated ministries including community outreach, Christian education, congregation meetings, and worship, area to promote home and foreign missions, area for men’s and women’s fellowship meetings, area for AA weekly meetings, classrooms (educational), kitchen or café area with seating capacity for 25 to 35 guests, and future church expansion.
Uses Expressly Prohibited: Any and all uses other than those aforementioned as “permitted uses” shall be expressly prohibited.
- The maximum impervious surface ratio (which includes building coverage) shall be 75 percent.
- The maximum building height is 35 feet unless adequate fire protection measures are provided as stipulated in the current fire codes.
- Setback requirements shall be:
- Front Yard Setback (where facing a public street): twenty feet minimum
- Rear Yard Setback: ten feet minimum
- Side Yard Setback: ten feet minimum
All structures must be permitted by the Town pursuant to site plans being submitted, and the owner shall install and complete all required site improvements prior to the Town issuing a Certificate of Occupancy for any permitted structure. Site plan approval shall be based upon adherence to Chapter 7 of the Town’s Land Development Regulations.
Parking: Parking requirements shall be as required pursuant to Chapter 7 of the Town’s Land Development Regulations for the specific use. A parking lot agreement between the Orange Blossom Gardens Chapel of All Faiths, Inc. and the Village Center Community Development District (VCCDD) has been entered into since October 30, 1998 and continues to be in effect since the Church’s inception. The VCCDD owned property suitable for such improvements and the Church agreed to pay for construction of the parking lot in exchange for first rights of free usage of 62 regular, two Florida ADA accessible, and ten golf cart parking spaces during Church services and other designated times as follows: at a minimum, subject to the agreement of the parties, Sundays, Wednesdays, and other additional hours of the week as needed for special events.
Landscaping: Approved uses shall comply with appropriate landscaping and buffering requirements as required.
Signage: Signage shall be allowed pursuant to the provisions of Chapter 17 of the Town’s Land Development Regulations.
Water Retention Areas: The drainage and storm water retention requirements of the Town and the appropriate regulatory agencies shall be met and approved by the Town Consulting Engineer. These areas shall be properly maintained by the developer.
Lighting: Parking lots that are to be used after dark shall be adequately lighted. All lighting for the proposed facilities shall be designed and located such that light and/or glare shall be directed upon the subject property only.
Potable Water, Sanitary Sewer and Reuse: The properties described in Exhibit “A’” shall connect to the VCCDD’s water, central sewer, and reclaim/reuse systems at time of development. All costs associated with design, permitting, engineering, materials, construction and inspections shall be the sole cost of the owner/developer.
- The terms and conditions as set forth in this Memorandum of Agreement shall insure to the benefit of and shall constitute a covenant running with the land and under the terms, conditions and provisions hereof, and shall be legally binding upon any heirs, assigns and successors in title or interest, and shall be subject to each and every condition herein set out.
- The properties shall be developed in substantial accordance with an approved bubble plan incorporating all conditions of this Memorandum of Agreement. Approved uses shall comply with access management requirements.
- All applicable rules and regulations for development within the Town shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking, sign regulations, and yard setbacks.
- Enforcement of this Memorandum of Agreement shall be through the Town of Lady Lake Town Commission. Upon approval of this agreement, the aforementioned property shall only be used for the purposes described herein. No change in use, further expansion of the uses, additions to the uses, or additions to the facilities shall be permitted except as approved by formal amendment of this Memorandum of Agreement. Any other proposed use shall be specifically authorized by amendment and approval of the Town of Lady Lake Town Commission and shall be legally binding upon any heirs, assigns, and successors in title or interest.
- The owners shall be responsible for and shall comply with all county, state and federal rules and regulations related to the proposed development of the property.
- This agreement shall be governed by the State of Florida.
- This Memorandum shall be recorded in the public record of Lake County, Florida.
- Any amendments to this Memorandum of Agreement are binding only upon execution by both the Orange Blossom Gardens Chapel of All Faiths, Inc. and the Town of Lady Lake.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
OBG Chapel of All Faiths, Inc.
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this ____ day of __________, 2019 by _________________________, Owners/Authorized Signer of the Property, who is personally known to me or has produced _________________________ as identification.
My Commission Expires:
Notary Public Signature
Exhibit C - Legal Descriptions and Bubble Plan
Parcel “A”: 06-18-24-Portion of Parcel ID#: 06-18-24-1100-000-01300; COMMENCE AT THE MOST WESTERLY CORNER OF LOT 6, ORANGE BLOSSOM GARDENS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED. IN PLAT BOOK 18, PAGE 9, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN NORTH 41 DEGREES 21 MINUTES 30 SECONDS WEST A DISTANCE OF 60.00 FEET TO THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WALES PLAZA WITH THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF PARADISE DRIVE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PARADISE DRIVE CONTINUE NORTH 41 DEGREES 21 MINUTES 30 SECONDS WEST A DISTANCE OF 120.10 FEET TO THE MOST WESTERLY CORNER OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1874, PAGE 2324, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY LINE OF AFORESAID PROPERTY RUN NORTH 48 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 14.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 48 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 36.00 FEET TO THE SOUTHERLY BOUNDARY OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 698, PAGE 2493, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE ALONG SAID SOUTHERLY BOUNDARY RUN NORTH 41 DEGREES 21 MINUTES 30 SECONDS WEST A DISTANCE OF 98.00 FEET; THENCE DEPARTING SAID LINE RUN SOUTH 49 DEGREES 53 MINUTES 30 SECONDS WEST, A DISTANCE OF 34.00 FEET; THENCE SOUTH 40 DEGREES 11 MINUTES 26 SECONDS EAST, A DISTANCE OF 98.76 FEET TO THE POINT OF BEGINNING.
Parcel “B”: 06-18-24-0003-000-01100; AK 1278546; BEG AT THE INTERSECTION OF E'LY R/W OF WALES PLAZA & N'LY R/W OF PARADISE DR, BEING SW COR LOT 6 ORANGE BLOSSOM U-1, N 41DEG 21MIN 30SEC W 305 FT, N 48DEG 39MIN 30SEC E 50 FT TO POB, CONT N 48DEG 39MIN 30SEC E 65 FT, S 41DEG 21MIN 30SEC E 186.90 FT, S 48DEG 39MIN 30SEC W 65 FT, N 41DEG 21MIN 30SEC W 186.90 FT TO POB, FROM INTERSECTION OF NW'LY R/W LINE OF WALES PLAZA & SE'LY PROJECTION OF NE'LY R/W LINE OF PARADISEDR, THENCE PROCEED NW'LY ALONG SAID PROJECTION OF PARADISE DR 50.10 FT FOR POB, RUN N 48DEG 38MIN 30SEC E PARALLEL WITH SAID R/W LINE OF WALES PLAZA A DIST OF 50 FT, N 41DEG 21MIN 58SEC W PARALLEL WITH SAID R/W OF PARADISE DR A DIST OF 70 FT, S 48DEG 38MIN 30SEC W PARALLEL WITH SAID NW'LY R/W LINE A DIST OF 50 FT TO A POINT ON SAID NE'LY R/W LINE OF PARADISE DR, S 41DEG 21MIN 58SEC E ALONG SAID NE'LY R/W LINE A DIST OF 70 FT TO POB ORB 697 PG 2012, ORB 698 PG 2493, ORB 1259 PG 2489, ORB 1270 PG 1258, ORB 1874 PG 2324.
Bubble Plan Description for Ordinance 2019-08: The purpose of this survey was to determine the limits of the parcel depicted and described hereon in accordance with client’s instructions.
- This survey is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
- Bearings shown hereon are assumed meridian based on the northeasterly right-of-way line of Paradise Drive as being North 41 degrees 21 minutes 30 seconds West.
- The legal description was prepared by this firm at the client’s request.
- Lands shown hereon were not abstracted for easements, rights of way, ownership or other matters of record by this firm.
- Underground improvements such as utilities, foundations, etc., were not located.
- This survey meets all applicable requirements of the Florida Standards of Practice as contained in Rule 51-17.052 of the Florida Administrative Codes.