Commission Meeting Agenda Item

Agenda Item

Ordinance 2019-09 (Second and Final Reading) — Providing for a Corrective Legal Description for Ordinance 2018-49, Ordinance 2018-50, and Ordinance 2018-51, for Approximately 8.94 Acres of Property Owned by the First Baptist Church of Lady Lake, Inc. Referenced by Alternate Key Number 1454701

Department

Growth Management

Staff recommends approval of Ordinance 2019-09 which provides for a corrective legal description for Ordinance 2018-49, Ordinance 2018-50, and Ordinance 2018-51.

Summary

On February 4, 2019, the Town Commission of the Town of Lady Lake adopted Ordinance 2018-49, providing for annexation of approximately 8.94 acres of property owned by the First Baptist Church of Lady Lake, Inc. from unincorporated Lake County, Florida into the Town of Lady Lake. In addition, on that same date, the Town Commission adopted Ordinance 2019-50, amending the future land use designation of the same property, and Ordinance 2019-51, which amended the zoning designation of the property.

The Town of Lady Lake conducted the public hearings, correctly posted the subject property, notified the adjacent property owners within 150 feet of the subject property, and provided advertising of the prior ordinances in a newspaper of public circulation as required by law. All three ordinances were approved by a vote of 5 to 0 by the Town Commission on that evening. However, after the executed ordinances were recorded, it was brought to staff’s attention by the Lake County Property Appraiser’s Office that the legal descriptions in the exhibits of the ordinances did not describe the subject property that was described in the headers of the ordinances. The subject property described in the exhibits was the property just north of the subject property, the Lady Lake Lee and Stevens Addition Subdivision Lot 3, which was already incorporated within the Town of Lady Lake. The correct legal description of all three ordinances should have described Lots 13 and 14 of the Lee and Stevens Addition Subdivision.

Once recorded, the attached Ordinance 2019-09 will provide a corrective legal description for the aforementioned ordinances. The land use and zoning entitlements that were granted to the subject property through the adoption of Ordinance 2018-49, Ordinance 2018-50; and Ordinance 2018-51 remain fully vested and unchanged by the adoption of Ordinance 2019-09.

Ordinance 2019-09 has been reviewed and approved as to form by Town Attorney Derek Schroth.

Fiscal Impact

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee (TRC) members individually reviewed the application for Ordinance 2019-09 and determined it to be complete and ready for transmittal to the Town Commission.

Ordinance 2019-09 was not required to go before the Planning and Zoning Board for their recommendation.

At the July 1, 2019 meeting, the Town Commission voted 5 to 0 for approval of Ordinance 2019-09 upon first reading.

TC/nvs

Draft Ordinance 2019-09

AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA; PROVIDING FOR A CORRECTIVE LEGAL DESCRIPTION FOR ORDINANCE 2018-49, ORDINANCE 2018-50, AND ORDINANCE 2018-51, FOR PROPERTY BEING APPROXIMATELY 8.94 ACRES OF LAND OWNED BY THE FIRST BAPTIST CHURCH OF LADY LAKE, INC., REFERENCED BY ALTERNATE KEY NUMBER 1454701; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on February 4, 2019, the Town Commission of the Town of Lady Lake (the “Town”) adopted Ordinance 2018-49 providing for annexation of property being approximately 8.94 acres from unincorporated Lake County, Florida into the Town of Lady Lake; and

WHEREAS, on February 4, 2019, the Town Commission of the Town of Lady Lake (the “Town”) adopted Ordinance 2018-50 providing for a small-scale future land use map amendment of property being approximately 8.94 acres from Lake County Low Urban Density to Town of Lady Lake Religious Facilities (RF); and

WHEREAS, on February 4, 2019, the Town Commission of the Town of Lady Lake (the “Town”) adopted Ordinance 2018-51 providing for a rezoning of property being approximately 8.94 acres from Lake County Agricultural to Town of Lady Lake Public Facilities District (PFD); and

WHEREAS, the Town has identified that the incorrect legal description for Ordinance 2019-49; was recorded under Exhibit A for the subject property of the ordinance in the Lake County Official Records Book 5236 Page 1148; and

WHEREAS, the Town has identified that the incorrect legal description for Ordinance 2019-50; was recorded under Exhibit A for the subject property of the ordinance in the Lake County Official Records Book 5236 Page 1151; and

WHEREAS, the Town has identified that the incorrect legal description for Ordinance 2019-51; was recorded under Exhibit A for the subject property of the ordinance in the Lake County Official Records Book 5236 Page 1154; and, also under Exhibit C as Parcel “B” in the Lake County Official Records Book 5236 Page 1159; and

WHEREAS, the Town desires to correct the legal descriptions of the above referenced ordinances with the legal description attached hereto and identified as Exhibit “A”; and

WHEREAS, the Town makes no other amendments to Ordinance 2018-49, Ordinance 2018-50, and Ordinance 2018-51 other than the correction of the legal descriptions; and

WHEREAS, the Town of Lady Lake conducted public hearings, correctly posted the subject property, notified the adjacent property owners within 150 feet of the subject property, and provided advertising of the prior ordinances in a newspaper of public circulation as required by law; and

WHEREAS, the Town recognizes all land use and zoning entitlements that were granted to the subject property through the adoption of Ordinance 2018-49, Ordinance 2018-50; and Ordinance 2018-51 remain fully vested, and unchanged through the adoption of this ordinance.

THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida:

SECTION 1: Amendment.

Ordinance 2018-49, an ordinance of the Town of Lady Lake, Florida, providing for annexation of property being approximately 8.94 acres is hereby amended with the corrective legal description attached as Exhibit “A.” Ordinance 2018-50, an ordinance of the Town of Lady Lake, Florida, providing for a small-scale future land use map amendment of property being approximately 8.94 acres is hereby amended with the corrective legal description attached as Exhibit “A.” Ordinance 2018-50, an ordinance of the Town of Lady Lake, Florida , providing for rezoning of property being approximately 8.94 acres is hereby amended with the corrective legal description attached as Exhibit “A.”

SECTION 2: Severability

If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of this Ordinance.

SECTION 3: Effective Date

This ordinance shall become effective upon adoption.

PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this 15th day of July, 2019, upon second and final reading.

Town of Lady Lake, Florida

_________________________
Jim Richards, Mayor

Attest:

_________________________
Kristen Kollgaard, Town Clerk

Approved as to form:

_________________________
Derek Schroth, Town Attorney

Exhibit A - Legal Description

Parcel ID: 20-18-24-1100-000-01300; Lots 13 and 14, Lee and Stephens Addition to Lady Lake Florida, according to the plat thereof as recorded in Plat Book 8, Page 11, Public Records of Lake County, Florida.

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