Commission Meeting Agenda Item

Agenda Item

Resolution 2020-113 — First and Final Reading — Sun Water Oak Expansion LLC & Sun Communities Finance LP -Pursuant to Chapter 15, Article II). Section 15-52).D).3). — Variance Request to Allow the Construction of Internal Private Roads within the Water Oak Hilltop Expansion Phases 2 through 5 to be 20-Foot Paved Roads Instead of 50 Feet To Keep Consistency with the Construction and Layout of the Existing Water Oak Country Club Estates, Referenced by Alternate Keys 1238111, 1770483, and 1238277

Department

Growth Management

Staff recommends approval of the first and final reading of Resolution 2020-113.

Summary

On Thursday, October 29, 2020, applicant, Daniel R. Gibbs with ATWELL, Inc. filed two variance applications on behalf of Sun Water Oak Expansion, LLC and Sun Communities Finance LP for the Water Oak Hilltop Expansion Phases 2 through 5 Master Manufactured Home Park proposed just south of Griffin Avenue and east of the existing Water Oak Country Club Estates, referenced by alternate keys 1238111, 1770483, 1238277, and 3838951, within the town limits of the Town of Lady Lake, Florida.

The request is to allow the construction of internal private roads within the Water Oak Hilltop Expansion Phases 2 through 5 to be 20-foot paved roads instead of 50 feet to keep consistency with the construction and layout of the existing Water Oak Country Club Estates.

BACKGROUND

On Wednesday, September 2, 2020, staff received the submittal of a Major Modification to Site Plan application for the Water Oak Country Club Estates Hilltop Expansion Phases 2 through 5 proposing 296 home sites, including construction of private roadways, utility infrastructure, stormwater infrastructure, open space, and amenities on an 88.0-acre parcel approximately one mile east of the intersection of Teague Trail (County Road 25) and Griffin Avenue.

In reviewing the Land Development Regulations, Town staff communicated to the applicant there is a requirement that proposed private roads be constructed to Town road standards, and of sufficient function and capacity to accommodate the increase traffic.

The applicant’s justification statement indicates that the existing Water Oak Country Club Estates is a 55 plus private and gated community that has the 20-foot paved roads throughout the existing development and has been in existence since the 1980’s. The developer establishes that new sections should be consistent with the aesthetic look and feel of the existing site; which is characteristic of a community that appeals to seniors both for its village-like setting and its amenities.

Allowing the 20-foot paved private roads will ensure that the same home products can be used; which are currently being installed in the other recent expansions made within the community. Changing the 20-foot paved roads to meet the 50-footTown road standards would require the reduction of the size of the homes or the density of the development, making the final product significantly different from what is currently being built.

Lastly, the applicant states that there will be no diminution in value of surrounding properties. However, denying the variance will cause the developer to use a different house product that would cost extra to design and would not match the other home products going in other areas of the community; thus making this area less desirable to the rest of the community.

All other requirements, including lot size, side and rear yard setbacks, as well as emergency vehicle access and fire rescue requirements will be adhered to.

When reviewing an application for a variance, the Planning and Zoning Board and the Town Commission shall consider the following requirements and criteria according to Chapter 3, Section 14 f) – Review criteria for variances in the Land Development Regulations:

  • No diminution in value of surrounding properties would be suffered.
  • Granting the permit would be of benefit to the public interest.
  • Denial of the permit would result in unnecessary hardship to the owner seeking it.
  • The use must not be contrary to the spirit of this Code.

Financial disadvantages and/or inconveniences to the applicant shall not of themselves constitute conclusive evidence of unnecessary and undue hardship and be grounds to justify granting of a variance. Physical hardships such as disabilities of any applicant may be considered grounds to justify granting of a variance at the discretion of the Town Commission.

Given that this is a private and gated community, Town staff supports the request for the granting of the variance, noting that health and safety aspects will be met within the site plan proposal.

Notices to inform the surrounding nine property owners within 150’ of the subject property of the proposed variance were mailed on Monday, October 26, 2020. The property was also posted on Monday, October 26, 2020.

Fiscal Impact

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee found that Resolution 2020-113 was ready for transmittal to the Planning and Zoning Board.

At the December 14, 2020 meeting, the Planning and Zoning Board voted 3 to 0 to forward Resolution 2020-113 to the Town Commission with the recommendation of approval.

TC/ns

Draft Resolution 2020-113

A RESOLUTION GRANTING A VARIANCE FROM THE PROVISIONS OF CHAPTER 15) ARTICLE II, SECTION 15-52).D).3)., OF THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS WHICH REQUIRES THAT PRIVATE ROADS BE CONSTRUCTED TO TOWN ROAD STANDARDS. THE VARIANCE REQUEST IS TO ALLOW THE CONSTRUCTION OF INTERNAL PRIVATE ROADS WITHIN THE WATER OAK HILLTOP EXPANSION PHASES 2 TO 5 TO BE 20-FOOT PAVED ROADS TO KEEP CONSISTENCY WITH THE CONSTRUCTION AND LAYOUT OF THE EXISTING WATER OAK COUNTRY CLUB ESTATES, REFERENCED BY ALTERNATE KEYS 1238111, 1770483, AND 1238277, OWNED BY SUN WATER OAK EXPANSION, LLC, WITHIN THE TOWN LIMITS OF THE TOWN OF LADY LAKE, FLORIDA.

WHEREAS, Sun Water Oak Expansion, LLC is the owner of certain real property located in the Town of Lady Lake, Florida, more particularly described in Exhibit “A”; and

WHEREAS, the Property Owner petitioned for a variance from the provisions of Chapter 15, Article II, Section 15-52). d).3)., of the Town of Lady Lake Land Development Regulations which requires that private roads be constructed to Town Road Standards; and

WHEREAS, the variance request is to allow the construction of internal private roads within the Water Oak Hilltop Expansion Phases 2 to 5 be 20-foot paved roads to keep consistency with the construction and layout of the existing Water Oak Country Club Estates, referenced by Alternate Keys 1238111, 1770483, and 1238277, owned by Sun Water Oak Expansion, LLC, within the town limits of the Town of Lady Lake, Florida; and

WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider the variance request, and having heard evidence and testimony on said request, found it to be consistent with the Lady Lake Comprehensive Plan and requirements for variances set forth in the Land Development Regulations of the Town of Lady Lake.

THEREFORE, BE IT RESOLVED that the Town Commission of the Town of Lady Lake, Florida, hereby grants a variance from the provisions of Chapter 15, Article II, Section 15-52). d).3)., of the Town of Lady Lake Land Development Regulations which requires that private roads be constructed to Town Road Standards. The variance approval allows the construction of internal private roads within the Water Oak Hilltop Expansion Phases 2 to 5 be 20-foot paved roads to keep consistency with the construction and layout of the existing Water Oak Country Club Estates, referenced by Alternate Keys 1238111, 1770483, and 1238277, owned Sun Water Oak Expansion, LLC, within the town limits of the Town of Lady Lake, Florida.

RESOLVED this 4th day of January, 2021, by the Town Commission of the Town of Lady Lake, Florida.

Town of Lady Lake, Florida

______________________________
Ruth Kussard, Mayor

Attest:

______________________________
Nancy Slaton, Interim Town Clerk

Approved as to form:

______________________________
Derek Schroth, Town Attorney

Exhibit A - Legal Description and Map

THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; LESS THE NORTH 10 FEET OF THE WEST ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼; AND  THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; LESS THE NORTH 10 FEET THEREOF; AND THE WEST ¾ OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ AND THE NORTH 10 FEET OF THE WEST ¾ OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA LESS AND EXCEPT ROAD RIGHT OF WAY; AND THE NORTH ¼ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA. ALSO, AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE WEST 6 FEET OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ AND THE EAST 6 FEET OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼, ALL IN SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST; AND THE SOUTH ¾ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼, IN SECTION 9, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.

draft-resolution-2020-113-map of property

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