Commission Meeting Agenda Item
Ordinance 2020-04 (Second and Final Reading) — An Ordinance of The Town of Lady Lake Amending the Permitted Uses for Certain Property Owned by Elijah Bailey, Jr., Being Approximately 40.44 Acres and Zoned Planned Unit Development (PUD) and Heavy Commercial (HC), Referenced By Alternate Key Numbers 1282594, 1282608, 3793911 and 3374916, Located North of Lake Ella Road and West of Highway 27/441 Within the Town Limits of Lady Lake in Lake County, Florida
Staff Recommended Motion
Staff recommends approval of the first reading of Ordinance 2020-04.
On Monday, May 4, 2020, David Springstead filed an application on behalf of Elijah Bailey, property owner, to amend the zoning entitlements for approximately 40.44 acres of property located in the Town of Lady Lake, Florida. The property is currently zoned Planned Unit Development (PUD) and has entitlements for land uses as adopted by Ordinance 2015-11.
At this time, the applicant has requested to amend the uses granted under Ordinance 2015-11, providing a limited number of specific uses, and to reduce the footprint of development by 9.90 acres. Under the proposed Ordinance 2020-04, the following uses have been requested as outlined in the Memorandum of Agreement.
Permitted Uses: Those uses permitted by the Town’s Land Development Regulations consistent with a PUD, Commercial zoning and High-Density Residential zoning as follows:
- Professional/Business Offices
- Medical Offices/Clinic
- Commercial/Retail Sales Business
- Restaurants (without drive-through window)
- Health/Exercise Club/Spa
The maximum number of residential units consisting of condominiums within the development will not exceed 500 units.
The conceptual plan indicates that seven buildings will be constructed at a height of five floors for the condominiums, with building number one containing commercial uses on the first floor. Two buildings, each being 6,000 square feet, have been proposed as restaurants. A five-story hotel has also been proposed on the plan, as well as a one-story community pool and recreation center.
The subject properties lie in Section 28, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions and survey information have been included with the submitted application. The zoning designation of the subject properties and adjacent properties are as follows:
|North||Lady Lake Heavy Commercial|
|East||Lady Lake Heavy Commercial|
|South||Lady Lake Planned Unit Development|
|West||Lady Lake Single Family 6 Dwelling Units per Acre|
The Rezoning application was received on Monday, May 4, 2020, and has been reviewed and determined to be complete, satisfying the necessary criteria as required to meet the requirements of the Land Development Regulations (LDRs) as well as the adopted Comprehensive Plan, and is ready for consideration by the Town Commission.
Notices to inform the surrounding 19 property owners within 150 feet of the property proposed by the rezoning request were mailed Thursday, May 21, 2020. The properties were posted on Tuesday, May 26, 2020.
Source of Funding
At the January 22, 2020 Special Commission meeting, it was the consensus of the Town Commission (four members present) to move forward with the project as proposed.
The Technical Review Committee (TRC) members individually reviewed Ordinance 2020-04 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the June 8, 2020 meeting, the Planning and Zoning Board voted 3 to 0 to forward Ordinance 2020-04 to the Town Commission with the recommendation of approval.
At the July 6, 2020 regular meeting, the Town Commission voted 5 to 0 for approval of Ordinance 2020-04 upon first reading.
Draft Ordinance 2020-04
AN ORDINANCE OF THE TOWN OF LADY LAKE; AMENDING THE PERMITTED USES FOR CERTAIN PROPERTY BEING APPROXIMATELY 40.44 ACRES OWNED BY ELIJAH BAILEY, JR., ZONED PLANNED UNIT DEVELOPMENT (PUD) AND HEAVY COMMERCIAL (HC), REFERENCED BY ALTERNATE KEY NUMBERS 1282594, 1282608, 3793911 AND 3374916, LOCATED NORTH OF LAKE ELLA ROAD AND WEST OF HIGHWAY 27/441 WITHIN THE TOWN LIMITS OF LADY LAKE IN LAKE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; 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, on October 3, 2011, the Town Commission adopted Ordinance 2011-19 establishing the Heavy Commercial (HC) zoning designation on the subject property prohibiting the uses of “Apartments” and “Kennels: Boarding; and
WHEREAS, on October19, 2015, the Town Commission adopted Ordinance 2015-11 establishing the Planned Unit Development(PUD) zoning designation on the subject property; 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 Lake County, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Planned Unit Development” (PUD) with amended uses. 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 zoned Planned Unit Development (PUD) with granted entitlements as specified under the attached Exhibit “B” (Memorandum of Agreement) and shall be developed in accordance with the conceptual plan as depicted by Exhibit “C”.
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 by the Town Commission of the Town of Lady Lake, Florida, this 20th day of July, 2020.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney