Commission Meeting Agenda Item
Ordinance 2020-13 — Second and Final Reading — An Ordinance Rezoning One Property being Approximately 1.26 Acres from Lake County Planned Commercial (CP) to Lady Lake Planned Commercial (CP), Owned by M & L Lady Lake, LLC, Referenced by Alternate Key Number 1237998
Staff Recommended Motion
Staff recommends approval of the second and final reading of Ordinance 2020-13.
30AIP Lady Lake, LLC submitted an application on behalf of M & L Lady Lake, LLC, to rezone property from Lake County Planned Commercial (CP) to Lady Lake Planned Commercial (CP) consisting of approximately 1.26 acres in Section 07, Township 18 South, Range 24 East, in Lake County, Florida. The property is addressed as 401 North Highway 27/441.
The existing zoning designation is Lake County Planned Commercial (CP). The proposed zoning designation is Lady Lake Planned Commercial (CP). The CP designation is consistent with the adjacent properties presently in the Town of Lady Lake’s jurisdiction.
The application was received on Wednesday, October 21, 2020. Staff has determined it is complete and satisfies the requirements of the Land Development Regulations (LDR) and the Comprehensive Plan. It is ready for consideration of recommendation by the Planning and Zoning Board.
Staff mailed notices to inform the five surrounding property owners within 150 feet on Monday, October 26,2020. The properties were also posted the same day. Appropriate legal descriptions and survey information have been included with the submitted application.
Existing Zoning: Lake County Planned Commercial (CP) — The purpose of the "CP" planned commercial district is to provide for any commercial Land Use currently available in any other commercial district and to provide for any commercial Land Use for which no provision is made elsewhere in these regulations. The intent of this zoning district is to establish "CP" districts individually under approved site plans, submitted either at the initial rezoning stage or prior to the actual Development of the property, and conditions necessary to promote the general welfare and to secure economic and coordinated Land Use.
Proposed Zoning: Lady Lake Planned Commercial (CP) — This district is established to implement comprehensive plan policies for encouraging affordable housing by allowing a variety of housing types with a broad range of housing costs. This district is designed to encourage innovative development concepts to provide design amenities and to manage natural features of the land. The location of such PUDs will be dictated by the type of development that will be provided. (Residential PUDs will be located in residentially designated areas of the Future Land Use Map of the comprehensive plan, commercial PUDs will be located in commercially designated areas of the Future Land Use Map, etc.) Densities and intensities cannot exceed those which are permitted in that area on the Future Land Use Map. Conceptual development plans or a memorandum of agreement and bubble plan are required to be submitted along with the rezoning application.
Properties Adjacent to 401 North Highway 27/441:
|North||Lady Lake Mixed Residential Medium Density|
|East||Lady Lake Planned Commercial|
|South||Lady Lake Planned Commercial|
|West||Lady Lake Planned Commercial|
The Technical Review Committee found that Ordinance 2020-13 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 Ordinance 2020-13 to the Town Commission with the recommendation of approval.
A t the January 4, 2021 meeting, the Town Commission voted 5 to 0 to approve Ordinance 2020-13 upon first reading.
Draft Ordinance 2020-13
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 1.26 ACRES OWNED BY M & L LADY LAKE LLC; REFERENCED BY ALTERNATE KEY NUMBER 1237998; WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LAKE COUNTY PLANNED COMMERCIAL (CP) TO LADY LAKE PLANNED COMMERCIAL (CP); 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 Lake County, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Planned Commercial” (CP). 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 “Lake County Planned Commercial” (CP) to “Lady Lake Planned Commercial” (CP).
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 January, 2021.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A - Legal Description and Map
Parcel ID#: 07-18-24-0004-000-00300; BEG AT THE INTERSECTION OF W LINE OF SAID GOV LOT 8 & NE'LY R/W OF US HWY 441, THENCE N 0-15-10 E ALONG W LINE OF SAID GOV LOT 8 A DIST OF 176.32 FT TO NW COR OF SAID GOV LOT 8, S 89-59-20 E ALONG N LINE OF GOV LOT 8 A DIST OF 299.26 FT, S 17-12-35 W 343.91 FT TO AN INTERSECTION WITH THE NE'LY R/W OF SAID US HWY 441 ON A CURVE CONCAVE TO THE NE & HAVING A RADIUS OF 11359.20 FT, THENCE NW'LY ALONG SAID CURVING NE'LY R/W OF US HWY 441 THRU A CENTRAL ANGLE OF 0-0-54 & AN ARC DIST OF 201.25 FT TO THE POINT OF TANGENCY & END OF SAID CURVE, THENCE N 52-04-17 W ALONG THE NE'LY R/W OF US HWY 441 A DIST OF 48.75 FT TO POB--LESS GRIFFIN AVE-- ORB 5198 PG 2352
Exhibit B - Memorandum of Agreement
This MEMORANDUM OF AGREEMENT dated this _____ of _______, 2020, between the Town of Lady Lake, Florida, a Florida municipal corporation (the “Town”), whose mailing address is 409 Fennell Boulevard, Lady Lake, FL 32159, and M & L Lady Lake LLC (“Property Owner”), whose mailing address is 1113 Old Popo Point, St. Johns, FL 32259.
Property Owner is the fee simple owner of certain real property in the Town of Lady Lake, Florida described in the legal description attached as Exhibit “A”.
Property Owner desires a Land Use Plan Amendment to allow for a Town of Lady Lake Land Use designation “Planned Commercial” (CP).
Property Owner desires to Rezone the property from Lake County CP to Town of Lady Lake CP.
Property Owner desires to appoint 30AIP LADY LAKE, LLC as the Agent in processing the concurrent Rezoning, Small Scale Comprehensive Plan Amendment, and Annexation petition.
At this time, the parties wish to enter into a Memorandum of Agreement pursuant to the provisions of the Town Land Development Regulations.
NOW, THEREFORE, in recognition of the foregoing, the parties agree to the following terms and conditions as part of the Commercial Land Use category for that property depicted in the attached legal description Exhibit “A”.
1. Permitted Uses: The subject property, containing approximately 1.92 acres (referred to herein as the “Project”) shall only be used for non-residential uses, as follows:
Retail Sales and Services
Banks (with option of drive through window)
24 Hour Convenience Store with Fuel Operations
24 Hour Convenience Store without Fuel Operations
2. Uses Expressly Prohibited: Any and all uses other than those aforementioned as “Permitted Uses” shall be expressly prohibited. All uses, unless designated as 24 hour, shall be prohibited from operating between the hours of 12 a.m. and 5 a.m.
3. Design, Development, and Setback Standards:
a) The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty percent.
b) Maximum building height is 55 feet in accordance with Chapter 5, Section 5-4). r).4).B).
c) No minimum lot size is required.
d) No minimum lot width is required.
e) Setback requirements as required in the LDR’s shall be as follows:
1) Front: 50 feet (US Hwy 441 frontage) which includes the setback for the Gas Pump Canopies; 20 feet (Griffin Avenue frontage)
2) Side: 10 feet with Type A landscape buffer
3) Rear: Not applicable
4. Utilities: The Project shall be served by the Town's central water and sewer systems, and the Property Owner shall be responsible for the cost of all off-site and on-site installation of water and sewer Infrastructure serving the Project and costs associated thereto. As a condition of approval of any site plan/Preliminary Plat, Property Owner shall enter into an Agreement with the Town covering the terms and conditions of water and sewer service extension to the site in a form acceptable to the Town.
5. Concurrency Management: The developer shall be responsible for the cost and installation of any required on-site and off-site infrastructure improvements necessitated by the impact of the project.
6. Development Review and Approval: Prior to the issuance of any permits, the developer shall be required to submit site development plans for review and approval by the Town (i.e. construction plans and final plat), and said development plans must meet all codes and ordinances of the Town of Lady Lake.
7. Parking Availability: New tenants shall be required to demonstrate that parking is available for each tenant on the entire parcel in accordance with the parking calculation matrix of the LDR. Loading spaces will be provided in accordance with the LDR.
8. Transportation: The developer shall comply with all Lady Lake access management requirements, as established in the Lady Lake Land Development Regulations.
9. Additional Conditions: In addition to the specific conditions contained herein the Property Owner shall comply with all local, state and Federal regulations pertaining related to the proposed development of the Property.
10. Enforcement: The Memorandum of Agreement shall be enforced 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.
11. Entire Agreement: This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matters addressed herein, and all prior negotiations, correspondence, conversations, agreements, understandings, representations and statements, oral or written, are incorporated and merged into this Agreement.
12. Amendments to Agreement: No change in the 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.
a) General Provisions - No failure of either party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom practice at variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof, wherever under the terms and provisions of this agreement, the time for performance shall fall upon a Saturday, Sunday or Federal banking holiday, such time for performance shall be extended to the next day that is not a Saturday, Sunday or federal banking holiday. The headings inserted at the beginning of each paragraph or subparagraph is for convenience only, and do not add to or subtract from the meaning of the contents of such paragraph or subparagraph. This Agreement shall be interpreted under the laws of the State of Florida. Venue for any action between the parties with respect to the matters addressed by this Agreement shall be Lake County, Florida.
b) Severability - If any section, sentence, clause, phrase or word of this Agreement is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission's intent to enter into this Agreement without such unconstitutional, invalid or inoperative part therein; and the remainder of this Agreement, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this Agreement or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.
14. Binding Effect: The terms and condition as set for this Memorandum of Agreement shall inure 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.
15. Recording: This Memorandum shall be recorded in the public record of Lake County, Florida.
16. Assignment: This Agreement may not be assigned without the express written consent of the Town of Lady Lake.
COMMENCEMENT. Notwithstanding the provisions herein, development shall commence within twelve months following the issuance of a Development Order from the Town of Lady Lake unless an extension has been granted by the Town Manager; the Town Manager may grant one or more extensions not to exceed two years.
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this ____ day of __________, 2020 by _______________________________, as Owner/Authorized Signer of the Property, who is personally known to me or has produced _________________________ as identification.
My Commission Expires:
Notary Public Signature