Commission Meeting Agenda Item
Ordinance 2020-09 (First Reading) — An Ordinance of the Town of Lady Lake Requesting Amendment of the Planned Commercial “CP” Zoning Classification for Certain Property Owned by The Villages Operating Company; Located in the Vicinity of Main Street, Alvarez Avenue, and Del Mar Avenue in Lady Lake, Florida; Providing for a Second Supplemental Agreement to the Regulations of The Village Downtown Center
Staff Recommended Motion
Staff recommends approval of the first reading Ordinance 2020-09 as presented
On Thursday, August 13, 2020, applicant Marty Dzuro, on behalf of the Villages Operating Company, filed for an amendment to the Planned Commercial (CP) Zoning designation entitlements for property referenced as The Village Center through the submittal of a Second Supplemental Agreement.
The original Memorandum of Agreement (MOA) between the Town and The Villages, Lazy B Cattle Venture, LTD., First Bank of The Villages and the District was approved on October 2, 1995 to establish the framework to develop The Village Center subdivision. The permitted uses under the original agreement were established as, “Any commercial use, and any use permitted in a Public Facilities District under Chapter 5, Section 4)n) of the Town’s Land Development Regulations. The following uses were expressly prohibited:
- Industrial Uses Except Manufacturing Fabrication (This section is not meant to prohibit the operation of a “brew pub” within the meaning of Florida Statutes Section 561.221, which is specifically authorized herein.)
- Adult entertainment
- RV park
- Sewage treatment facilities
On February 2, 1998, a supplemental agreement was adopted between the same parties, to clarify Section 3.b pertaining to maximum height limitations, and Section 3.e. pertaining to setbacks. Additionally, Section 3. b. of the MOA was amended to limit the height of walls to 12 feet.
The Second Supplemental Agreement as proposed by Ordinance 2020-09 includes the Permitted Uses within Building Areas as described in Exhibit A of the Ordinance as follows:
“Single-family residential, multifamily residential, commercial, and any use permitted in a Public Facilities District under Chapter 5, Section 4(q) of the Town’s Land Development Regulations, is permitted for Building Areas except for those uses expressly prohibited in the Agreement.”
Concurrently, Ordinance 2020-08 has been filed as the 11th amendment to the Development Order of the Development of Regional Impact. Among the several changes proposed by the amendment, the use of “multi-family residential” has been added as a permitted use. Pending the approval of Ordinance 2020-08, the Town Commission will also have the authority to approved Ordinance 2020-09, to allow for the construction of multi-family residential in the Village Center Downtown. The areas that would allow for the multi-family residential is shown in the map of Exhibit A of Ordinance 2020-09.
The Rezoning application was received on Thursday, August 13, 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 four surrounding property owners within 150 feet of the property proposed by the rezoning request were mailed Monday, August 31, 2020. The properties were posted on Monday, August 31, 2020, as well.
The second and final reading of Ordinance 2020-09 is scheduled for Monday, March 1, 2021 at 6 p.m.
The Technical Review Committee (TRC) members individually reviewed Ordinance 2020-09 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the September 14, 2020 meeting, the Planning and Zoning Board voted 3 to 0 to forward Ordinance 2020-09 to the Town Commission with the recommendation of denial.
At the October 5, 2020 meeting, the Town Commission tabled Ordinance 2020-09 to a date certain, being November 2, 2020.
At the November 2, 2020 meeting, the Town Commission tabled Ordinance 2020-09 to a date certain, being January 20, 2021.
At the January 20, 2021 meeting, the Town Commission tabled Ordinance 2020-09 to a date certain, being February 17, 2021.
Draft Ordinance 2020-09
AN ORDINANCE OF THE TOWN OF LADY LAKE REQUESTING AMENDMENT OF THE PLANNED COMMERCIAL “CP” ZONING CLASSIFICATION FOR CERTAIN PROPERTY OWNED BY THE VILLAGES OPERATING COMPANY; LOCATED IN THE VICINITY OF MAIN STREET, ALVAREZ AVENUE, AND DEL MAR DRIVE IN LADY LAKE, FLORIDA; PROVIDING FOR A SECOND SUPPLEMENTAL AGREEMENT TO THE REGULATIONS OF THE VILLAGE DOWNTOWN CENTER; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance No. 91-21) pursuant to the requirements of Chapter 163, Part II, 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 II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Code of the Town of Lady Lake, Florida in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part II, Florida Statutes; and
WHEREAS, on October 2, 1995, the Town and The Villages, Lazy B Cattle Venture, Ltd, First Bank of The Villages, and the District entered into a Memorandum of Agreement (“Agreement”), which is recorded in Official Records Book 1393, Page 849, Public Records of Lake County, Florida.
WHEREAS, the Agreement was entered into by the parties for the purposes of developing the land described in the plant of the Villages Center Subdivision recorded in Plat Book 33, Page 92, Public Records of Lake County, Florida (the “Village Center Subdivision”).
WHEREAS, certain provisions within the Agreement were clarified by that Agreement (Clarification Agreement) dated February 2, 1998 and recorded in Official Records Book 1804, Page 2035, Public Records of Lake County, Florida.
NOW THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, In Lake County, Florida:
SECTION 1: Amendment for Additional Permitted Uses.
Said property is more particularly described in Exhibit “A” attached hereto and incorporated herein. The existing “CP” zoning and the existing Agreement entered into by the parties on October 2, 1995, and subsequently amended through a supplemental agreement entered into by the same on February 2, 1998, is hereby supplemented and amended to include the uses of Single-Family Residential and Multifamily Residential.
SECTION 2 Conflicts.
All prior entitlements and amendments under prior agreements are vested and remain in full effect.
SECTION 3 Severability.
If any section, sentence, clause, phrase or word of this Ordinance 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 pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, 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 Ordinance 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.
SECTION 4 Effective Date.
This ordinance shall become effective upon adoption.
PASSED AND ORDAINED this 1st day of March, 2021, in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the second and final reading.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
SECOND SUPPLEMENTAL AGREEMENT
THIS SECOND SUPPLEMENTAL AGREEMENT (“Second Supplemental Agreement”) is dated this 1st day of March, 2021, between THE VILLAGES OPERATING COMPANY (the “Villages”) and THE TOWN OF LADY LAKE, FLORIDA (the “Town”).
- On October 2, 1995, the Town and The Villages, Lazy B Cattle Venture, Ltd, First Bank of The Villages, and the District entered into a Memorandum of Agreement (“Agreement”), which is recorded in Official Records Book 1393, Page 849, Public Records of Lake County, Florida.
- The Agreement was entered into by the parties for the purposes of developing the land described in the plant of the Villages Center Subdivision recorded in Plat Book 33, Page 92, Public Records of Lake County, Florida (the “Village Center Subdivision”).
- Certain provisions within the Agreement were clarified by that Agreement (Clarification Agreement) dated February 2, 1998 and recorded in Official Records Book 1804, Page 2035, Public Records of Lake County, Florida.
- The Villages Operating Company (the “Owner”) owns certain real property within a portion of the Village Center Subdivision, which property is depicted and legally described in Exhibit A (hereinafter “Building Areas”).
- The Building Areas are within the Villages Center Downtown which is an urban downtown area served by shared infrastructure and shared dedicated parking.
- The Town and Owner, pursuant to the Town’s Land Development Regulations, desire to enter into this Second Supplemental Agreement to supplement the Regulations as they apply to the Building Areas and amend the permitted uses within the Building Areas.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties agree and follows:
- As to the Building Areas, this Second Supplemental Agreement supplements the Regulations as they apply to the Village Center Downtown.
- Permitted Uses within Building Areas described in Exhibit A: Building Areas. Multi-family residential, commercial, and any use permitted in a Public Facilities District under Chapter 5, Section 4(q) of the Town’s Land Development Regulations, is permitted for Building Areas except for those uses expressly prohibited in the Agreement. Multi-family residential uses shall be limited to the second floor of Building Areas 2, 12, and 14. Multi-family uses are permitted on both the second and third floors of Building Area 7. The multi-family units shall be age restricted units. Each unit must be occupied by at least one person who is at least 55 years of age. No person under 19 years of age may be a permanent resident of a unit, except that persons below the age of 19 years may be permitted to visit and temporarily reside for periods not exceeding 30 days in total in any calendar year period.
- IN WITNESS WHEREOF, the parties have executed this Second Supplemental Agreement the day and year first above written.
TOWN OF LADY LAKE, FLORIDA
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
THE VILLAGES OPERATING COMPANY
Martin L. Dzuro, Vice President
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 Martin L. Dzuro, as Vice President of The Villages Operating Company, who is personally known to me or who has produced ______________________________ as identification.
Notary Public Signature
My Commission Expires (Seal):
BUILDING AREAS 2, 7, 12 AND 14 OF VILLAGE CENTER, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 55, PAGES 72 THROUGH 79, INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.