Commission Meeting Agenda Item
Ordinance 2021-09 (Second and Final Reading) — Small Scale Comprehensive Plan Amendment — Linden Street Development, LLC — Change from Manufactured Homes High Density (MH-HD) to Commercial General – Retail Sales & Services (RET) for Property Owned by J.T. Beahan IV; Referenced by Alternate Key 1771421, and being Approximately 22.29 Acres; within Lake County, Florida
Staff Recommended Motion
Staff recommends approval of the Second and Final Reading of Ordinance 2021-09.
On May 19, 2021, applicant Linden Street Development, LLC filed an application on behalf of J. T. Beahan IV to amend the Future Land Use designation of 22.29 acres in the Town of Lady Lake. The request is to change the property from Lady Lake Manufactured Homes High Density (MH-HD) to Lady Lake Commercial General - Retail Sales & Services (RET). The subject parcel is located on the east side of South Highway 27/441, approximately 1.5 miles south of Highway 466 and 850 linear feet north of Hartsock Sawmill Road, identified by Alternate Key Number 1771421.
FUTURE LAND USE
The entire project encompasses approximately 27.82 acres; however, the existing Future Land Use designation of 5.53 acres is already Lady Lake Commercial General- Retail Sales and Services (RET). The other 22.29 acres need to have the future land use amended to have the entire parcel consistent and in compliance with the proposed land uses.
Existing Future Land Use designation is Manufacture Home High Density (MH-HD). This land use category shall be limited to manufactured homes. Densities cannot exceed nine units/acre. Single Family, multi-family, commercial, and industrial uses are prohibited; however, a mixed-use PUD shall be allowed as outlined in Policy FLU 1-10.2.
Proposed Future Land Use designation is Commercial General - Retail Sales and Services (RET). Commercial General (Retail Sales & Services) (RET). This land use category is limited to retail sales and services which is an establishment engaged in the selling of products and services to the public for personal or household consumption, including but not limited to beauty/barber shop, laundry and dry-cleaning store, newsstand/bookstore, clothing stores, drug stores, home electronic equipment, food/grocery stores, hotel/motel, religious uses, professional services and sporting goods. The intensity standard for this land use category is limited to a maximum of 80% impervious surface ratio per parcel. The floor area ratio (FAR) shall be limited to a maximum of 0.50 for the Commercial General category.
STATEMENT OF NEED
The applicant stated that the plans have changed slightly, and the developer would like to proceed to change the Future Land Use to Commercial General to allow for the development of a 330-unit luxury apartment complex entirely on the subject property (keeping most of the trees along Hwy 441). The luxury garages condominium with Motor Vehicle and Boat Storage will remain an option, but the developer would like to propose the concept at another site within the Town to facilitate the logistic of the users and residents who would like to own their own personal storage facility to house a variety of things, all indoors, such as RV’s, classic cars collections, motorcycle collections, etc. The applicant believes the proposal is consistent with the surrounding area and the Town will benefit from keeping the natural tree buffer along Hwy 27/441 undisturbed. Lastly, the developer feels the project is a good fit as the apartments will bring more architectural appeal and generate a higher tax base for the Town.
Future Land Use Designation of Adjacent Properties
|Lady Lake Commercial General Retail Sales & Services (RET), Lady Lake Multi-Family Low Rise (MF-LR), Lady Lake Mixed Residential Low Density (MF-LD), and Lake County Urban Medium Density
|Lady Lake Commercial Tourist Services
|Lady Lake Commercial General Retail Sales & Services (RET) and Lake County urban Medium Density
|ROW/Lady Lake Commercial General Retail Sales & Services (RET)
This densely forested vacant parcel was historically used for citrus production and was most recently utilized as the site of a mobile home and RV park that ceased operations back in 2007. The property consists of mostly upland and about half of one acre of wetlands located along the southeastern property boundary. The Special Flood Hazard Area Flood Zone AE (EL 69.0) Ponding G4B extends approximately two acres; however, this area is proposed to remain undisturbed. Heavy landscaping buffers border the perimeter of the parcel. There are no structures presently at the site as all improvements were demolished in December2007.
The site is within the Town of Lady Lake Utility Service Area and will be required to connect to potable water, sanitary sewer, and reuse facilities to support the needs of the overall project.
Adjacent Properties: The structures built along the northern boundary are residential in nature with single family dwelling units and multifamily buildings abutting the site. To the south, it’s adjacent to the Village Veranda at Lady Lake Assisted Living and Memory Care Facility; which has now been in operations for a couple of years. To the south, it also neighbors the Southeastern Timber Corp Stock Pile site. To the east, it abuts undeveloped land; and to the west, the site faces undeveloped commercial land across the Hwy 27/441 right of way.
Environmental: An Environmental Ecological Site Assessment was performed on December 7, 2020 and indicated that the site has been heavily impacted by surrounded land uses, so approximately 17.38 acres of the subject property is classified as disturbed lands. The other two other areas of the property, totaling 9.85 acres, consists of a mix of hardwood trees species including live oak trees, laurel oak trees, earpod trees, longleaf pine trees, scrub plum and choke cherry. A 100 percent gopher tortoise burrow survey was also conducted on the property which resulted in the observation of twenty-five potentially occupied burrows. All gopher tortoise burrows within proposed construction areas and adjacent 25 feet will require a relocation permit through the Florida Fish and Wildlife Conservation Commission (FWC) to a permitted recipient site. No active bald eagle nests are located within a two-mile radius of the project area.
According to the Soil Survey for Lake County, Florida, the site includes mostly Apopka sand and Candler sand, gently sloping and excessively drained soils found on rolling uplands of central ridge.
IMPACT ON TOWN SERVICES
Potable Water: The projected demand on the Water System for this project is 82,500 gallons per day (gpd) for the apartment units. Total impact to the potable water system will be determined at time of site plan but is estimated not to exceed 361 ERUs or 90,193 gpd. Based upon the proposed uses, there is adequate capacity at the present time. Consumptive Use Permit No. 50049 issued by St. Johns to the Town provides allocation of 1.188 million gpd. Last year’s average consumption per day was 739,169 gallons per day. There is approximately 448,831 gallons of available capacity under current CUP.
Sewer: Based upon the proposed uses, there is adequate capacity at the present time. Town’s Central Sewer Wastewater Treatment Plant Facility System allocation is 1.0 million gpd. The average Town’s sewer system usage is 611,000 gpd and currently has a capacity of 389,000 gpd. The projected demand on the Wastewater System for this project is 82,500 gpd for the apartment units. Total impact to the wastewater system will be determined at time of site plan but is estimated not to exceed 361 ERUs or 90,136 gpd.
Schools: The multi-family multiplier would yield for elementary, middle school and high school and is .153, .061, and .068 respectively, yielding 51 elementary school students, 20 middle school students, and 22 high school students.
Transportation: There will be an increase of 135 PM Peak Hour Trips for the Multi-family Apartments because of the amended land use. A total of 1,796 daily trips will be generated for the entire project.
Parks And Recreation: The small-scale future land use amendment is not expected to impact the Parks and Recreation Level of Service. The applicant will be providing on-site amenities for the residents.
Stormwater: Project will be required to adhere to St. Johns River Water Management District (SJRWMD) guidelines and any Special Flood Hazard areas.
Flood: The subject properties contain a portion of a Special Flood Hazard Area Flood Zone AE and wetlands; however, no construction/improvements will take place within these areas.
Staff originally mailed notices to inform the surrounding property owners within 150 feet on Thursday, May 27, 2021. The property was also posted on Thursday, May 27, 2021. Then again, notices to property owners were mailed out on Monday, July 26, 2021, and the property was reposted the same day stating the proposed changes. To date, staff has not received any letters or phone calls in support or in opposition to the application.
Gelcorp Industries came before the Town Commission on Monday, November 16, 2020, at the Special Conceptual meeting to request to proceed with the Large-Scale Future Land Use map amendment application. After further discussion, it was the consensus of the Commissioners present to move forward with proposed project, which at the time was tentatively titled 912 Linden PUD.
The Technical Review Committee found that Ordinance 2021-09 was ready for transmittal to the Planning and Zoning Board.
At the June 14, 2021 meeting, the Planning and Zoning Board voted 5 to 0 to forward Ordinance 2021-09 to the Town Commission with the recommendation of approval. Due to the proposed changes, the ordinance went back before the Planning and Zoning Board.
At the August 9, 2021 meeting, the Planning and Zoning Board voted 4 to 0 to forward Ordinance 2021-09 to the Town Commission with the recommendation of approval.
At the September 8, 2021 Special Meeting, the Local Planning Agency voted 5-0 to approve Ordinance 2021-09.
At the September 8, 2021 Special Meeting, the Town Commission voted 5-0 to approve Ordinance 2021-09 upon First Reading.
Source of Funding
Draft Ordinance 2021-09
AN ORDINANCE PERTAINING TO COMPREHENSIVE PLANNING IN THE TOWN OF LADY LAKE, FLORIDA; AMENDING THE TOWN OF LADY LAKE ORDINANCE NO. 81-8-(83), WHICH ESTABLISHED THE TOWN OF LADY LAKE COMPREHENSIVE PLAN; PROVIDING FOR A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:
Section 1. Legislative Findings, Purpose, and Intent.
a. On February 2, 1981, the Town Commission of the Town of Lady Lake adopted a Comprehensive Plan pursuant to Florida Statute 163.3184, known as the “Local Government Comprehensive Planning Act” (“Act”), which sets forth the procedures and requirements for a local government in the State of Florida to adopt a Comprehensive Plan and amendments (to a Comprehensive Plan).
b. The Town Commission adopted Lady Lake Comprehensive Plan by Ordinance No. 81-8(83), and amended said Ordinance by Ordinance No. 91-21, approved December 2, 1991, and Ordinance No. 94-16, approved on October 12, 1994.
c. The Town’s Local Planning Agency reviewed a proposed amendment to the Future Land Use Map Series of the Town of Lady Lake Comprehensive Plan on September 8, 2021 and recommended to the Town Commission that said amendment be adopted by the Town Commission.
d. The Town Commission has held public hearings on the proposed amendment to the Future Land Use Map Series of the Comprehensive Plan and received comments from the general public and the Local Planning Agency.
e. The Town of Lady Lake has complied with the requirements of the Act for amending the Comprehensive Plan.
Section 2. Authority. This ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161 – 163.3243, Florida Statutes, as amended.
Section 3. Small Scale Amendment to the Future Land Use Element Map Series. The Comprehensive Plan is hereby further amended as per the Future Land Use Map Series with the small-scale amendment as indicated below:
Applicant/Owner: JT Beahan IV
General Location: South U.S. Highway 27/441, approximately 800 feet north of Hartsock Sawmill Road, Lady Lake, Florida 32159
Acres: Approximately 22.29 Acres
Future Land Use Change from Manufactured Homes High Density (MH-HD) to Commercial General – Retail Sales & Services (RET).
Graphic representation of this Small-Scale Future Land Use Element Map Amendment is shown in the attached “Exhibit A.
Section 4. 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 5. Effective Date.
This ordinance shall become effective as provided in Chapter 163, Florida Statutes.
PASSED AND ORDAINED this ___ day of ___________, 2021 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon Second and Final Reading.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Alternate Key 1771421 — W 1/4 OF SE 1/4 OF NE 1/4, SW 1/4 OF NE 1/4, LYING NE OF NE'LY R/W OF SR 500, E 990 FT OF N 660 FT OF SE 1/4 OF NE 1/4--LESS FROM NE COR OF SW 1/4 OF NE 1/4 RUN N 89-46-08 W ALONG N LINE OF SW 1/4 OF NE 1/4 A DIST OF 741.54 FT TO A POINT ON E'LY R/W LINE OF SR 500, S 23-16-50 E ALONG SAID R/W LINE 1187.86 FT FOR POB, CONT S 23-16-50 E ALONG SAID E'LY R/W LINE A DIST OF 259.46 FT TO A POINT ON S BOUNDARY OF SW 1/4 OF NE 1/4, S 89-48-40 E ALONG SAID S LINE 497.31 FT TO E LINE OF W 1/4 OF SE 1/4 OF NE 1/4, N 0-08-30 E ALONG SAID E LINE 238 FT, N 89-48-40 W 600.45 FT TO POB & LESS FROM NE COR OF SW 1/4 OF NE 1/4 RUN N 89-46-08 W ALONG N BOUNDARY OF SW 1/4 OF NE 1/4 A DIST OF 741.54 FT TO A POINT ON SAID E'LY R/W LINE OF HWY 27 & 441, S 23-16-50 E ALONG SAID R/W LINE A DIST OF 637.86 FT FOR POB, RUN S 89-48-40 E 819.07 FT TO E BOUNDARY LINE OF W 1/4 OF SE 1/4 OF NE 1/4, S 0-08-30 W ALONG SAID E LINE OF W 1/4 OF SE 1/4 OF NE 1/4 A DIST OF 504.50 FT, N 89-48-40 W 600.45 FT TO A POINT ON SAID E'LY R/W LINE OF HWY 27 & 441, N 23-16-50 W ALONG SAID E'LY R/W LINE 550 FT TO POB-- ORB 1810 PG 1538 ORB 3237 PG 337 ORB 4350 PG 658
LESS AND EXCEPT:
FROM THE SW CORNER OF THE NE ¼ OF THE NE ¼ OF SECTION 28 TOWNSHIP 18 RANGE 24 EAST, RUN N 89 46 08 W 300 FEET TO THE POB. CONTINUE N 89 46 08 W TO THE EASTERLY ROW LINE OF SR 500, BEING APPROXIMATELY 441 FEET. THENCE S 28 16 50 E ALONG THE SAID ROW LINE A DISTANCE OF 637.86 FEET. DEPARTING SAID ROW, RUN THENCE S 89 08 40 E A DISTANCE OF 381.02 FEET, THENCE RUN N 18 06 31 W A DISTANCE OF 615.70 FEET, MORE OR LESS, TO THE POB.
SAID PROPERTY BEING APPROXIMATELY 22.29 ACRES