Commission Meeting Agenda Item
Agenda Item
Ordinance 2021-15 (First Reading) — Rezoning — Green Leaf Development, LLC — Change the Zoning Designation from Lady Lake Public Facilities District (PFD) to Lady Lake Commercial Planned Unit Development (PUD) for Property Owned by R.K. Dunn, LLC; being Approximately 16.32 Acres; Referenced by Alternate Key Numbers 2700297 and 2808683, within Lake County, Florida
Department
Growth Management
Staff Recommended Motion
Staff recommends approval of the first reading of Ordinance 2021-15.
Summary
On Wednesday, August 18, 2021, applications were filed with the Town of Lady Lake by property owner/developer R.K. Dunn, LLC to rezone property consisting of two commercial vacant parcels located just south of the Oakwood Smokehouse restaurant along South Highway 27/441 and across the street from the intersection at Hartsock Sawmill Road, identified by Alternate Key Numbers 2700297 and 2808683. The application involves rezoning approximately 16.32 acres from Lady Lake Public Facilities District (PFD) to Lady Lake Commercial Planned Unit Development (PUD).
The subject property proposes only the following uses: Hotel, Restaurant, Assisted Congregate Living Facilities, Medical Offices, Mini-storage warehouses, Convenience Store without fuel operations, Bank, Personal Services, Laundry and Dry Cleaning, Retail Sales and Services, Business Services.
The proposed memorandum of agreement in Ordinance 2021-15 states that for the assisted living facility, the developer is proposing a maximum building height of 45 feet, not to exceed three stories. The proposed hotel will have a maximum building height of 45 feet and will not exceed four stories.
Setbacks are proposed as follows:
- Front Yard Setback to Hwy 27/441: 20 feet minimum
- Rear Yard Setback: 10 feet minimum — west side
- Side Yard Setback: 10 feet minimum — north and south sides
In terms of landscaping buffers, the applicant proposes Landscape Buffer Class “A” on the east, west, north, and south sides of the property as delineated in the provisions of Chapter 10 – Landscape and Tree Protection. The property will 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. 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.
The subject property is in Section 28, Township 18 South, Range 24 East, in Lake County, Florida. The appropriate legal description, a location map, and a sketch of the property was included with the submitted application.
Zoning Designation of Adjacent Properties
| North | Lady Lake Heavy Commercial (HC) |
| East | ROW Hwy 27/441, Lady Lake Planned Commercial (CP), Lady Lake Heavy Commercial (HC) |
| South | Lady Lake Mixed Planned Unit Development (CFD) |
| West | Lady Lake Residential Professional (RP) |
The existing zoning designation is Lady Lake Public Facilities District (PFD). The proposed zoning designation is Lady Lake Commercial Planned Unit Development (PUD). The Commercial PUD designation is consistent with adjacent properties that are presently in the Town of Lady Lake’s jurisdiction.
The rezoning application has been reviewed and determined to be complete and satisfies the necessary criteria required for rezoning. The application was found to meet the requirements of the Land Development Regulations (LDRs) as well as the adopted Comprehensive Plan and is ready for transmittal to the Town Commission.
Staff mailed notices to inform the nine surrounding property owners within 150 feet on Monday, August 30, 2021. The property was posted on Monday, August 30, 2021.
PAST ACTIONS
The Technical Review Committee found that Ordinance 2021-15 was ready for transmittal to the Planning and Zoning Board.
At the September 13, 2021 meeting, the Town Commission voted 3-0 to forward Ordinance 2021-15 to the Town Commission with the recommendation of approval.
Fiscal Impact
Not applicable.
Source of Funding
Not applicable.
Funding Account
Not applicable.
Public Hearings
The first reading of Ordinance 2021-15 before the Town Commission is scheduled for Monday, October 4, 2021 at 6 p.m. The second and final reading is scheduled for Monday, October 18, 2021 at 6 p.m.
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TC/ns
Draft Ordinance 2021-15
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 16.32 ACRES OWNED BY R K DUNN, LLC; REFERENCED BY ALTERNATE KEY NUMBERS 2700297 AND 2808683, WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM PUBLIC FACILITIES DISTRICT (PFD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD); 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 (LDRs) 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 Lady Lake, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Commercial Planned Unit Development” (PUD), entitled to the uses set forth in the Memorandum of Agreement attached as Exhibit “B” to be developed in substantial accordance with the Conceptual Plan, attached hereto as Exhibit “C”. 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 “Public Facilities District” (PFD) to “Commercial Planned Unit Development” (PUD).
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 this ___ day of ___________, 2021 by 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
Attest:
______________________________
Nancy Slaton, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
That part of the Southwest ¼ of the Northeast ¼ in Section 28, Township 18 South, Range 24 East, in the City of Lady Lake, Florida, lying Southwesterly of the Southwesterly right-of-way line of the abandoned S.C.L. Railroad and the 100-foot-wide right-of-way of the abandoned S.C.L. Railroad lying in the Southwest ¼ of the Northeast ¼ in Section 28, Township 18 South, Range 24 East, Lake County, Florida, described as follows:
Begin at the Southwest corner of said Southwest ¼ of the Northeast ¼; run thence Northerly along the West line of said Southwest ¼ of the Northeast ¼ a distance of 1,329.08 feet to the Northwest corner of said Southwest ¼ of the Northeast ¼; thence Easterly along the North line of said Southwest ¼ of the Northeast ¼ a distance of 404.48 feet to the Easterly right-of-way of said abandoned S.C.L. Railroad; thence Southeasterly along said right-of-way of the abandoned S.C.L. Railroad a distance of 1,447.28 feet to a point on the South line of the said Southwest ¼ of the Northeast ¼; thence Westerly along the South line of the Southwest ¼ of the Northeast ¼ a distance of 979.28 feet to the POINT OF BEGINNING, LESS the North 195.05 feet thereof.
LESS AND EXCEPT THE FOLLOWING: A parcel of land lying in the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida, being more particularly described as follows:
For a point of Beginning commence at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 28 and run North 00°35’03” East, along the West line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 25.00 feet; thence run South 89°24’25” East, parallel with and 25.00 feet North of, perpendicular measure, the South line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 400.78 feet; thence run North 00°35’35” East a distance of 30.00 feet; thence run South 89°24’25” East a distance of 30.00 feet; thence run South 00°35’35” West a distance of 30.00 feet; thence run South 89°24’25” East, along said parallel line, a distance of 537.65 feet to the Westerly right-of-way line of U.S. Highway 27; thence run South 22°51’52” East, along said Westerly right-of-way line, a distance of 27.25 feet to the aforesaid South line of the Southwest quarter of the Northeast quarter of said Section 28; thence run North 89°24’25” West, along said South line, a distance of 979.28 feet to the Point of Beginning.
AND LESS AND EXCEPT THE FOLLOWING: A parcel of land lying in the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida, being more particularly described as follows:
For a Point of Beginning commence at a 4 inch by 4 inch concrete monument with no identification number at the Southwest corner of the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida; thence run North 00°42’56” West, along the West line of said Southwest quarter of the Northeast quarter of Section 28, a distance of 1,327.56 feet to the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 28 and the South line of Skyline Hills Subdivision as recorded in Plat Book 16, Page 32 of the Public Records of Lake County, Florida, said line also being the North line of the Southwest quarter of the Northeast quarter of said Section 28; thence run North 89°24’56” East, along said North line, a distance of 25.00 feet, thence run South 00°42’56” East, along a line parallel with and 25.00 feet Easterly of, perpendicular measure, the West line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 1,327.51 feet to a point on the South line of the Southwest quarter of the Northeast quarter of said Section 28, thence run South 89°17’54” West, along said South line a distance of 25.00 feet to the Point of Beginning.
EXHIBIT B — Memorandum of Agreement
This Memorandum of Agreement dated this _____ of _______, 2021, is 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 R K DUNN, LLC (“Property Owner”), whose mailing address is P.O. Box 693, Sorrento, FL 32776-0693.
RECITALS
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 the Town of Lady Lake Land Use designation “Commercial Planned Unit Development” (PUD).
Property Owner desires to rezone the property from Lady Lake PFD to Town of Lady Lake Commercial PUD.
Property Owner desires to appoint Green Leaf Development, LLC as the Agent in processing the concurrent Rezoning and Small-Scale Comprehensive Plan Amendment 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 16.32 acres (referred to herein as the “Project”) shall only be used for the following uses:
- Hotel
- Restaurant
- Assisted Congregate Living Facilities, Skilled Nursing, Independent Living Facilities, or similar Adult Living Facilities
- Medical Offices
- Mini-Storage Warehouses. Mini-warehouses are to be used solely for the purposes of storage; retail sales and services, wholesale, manufacturing or other commercial uses are expressly prohibited.
- Convenience Store without Fuel Operations
- Bank
- Personal Services
- Laundry and Dry Cleaning
- Retail Sales and Services
- Business Services
2. Uses Expressly Prohibited: Any and all uses other than those aforementioned as “Permitted Uses” shall be expressly prohibited.
3. Design, Development, and Setback Standards:
a) The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.
b) Assisted Congregate Living Facilities have a maximum building height of 45 feet and shall not exceed three stories. The Hotel will have a maximum building height of 45 feet and shall not exceed four stories.
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:
- Rear Yard Setback: 10 feet minimum — west side
- Side Yard Setback: 10 feet minimum — north and south side
- Front Yard Setback to Hwy 27/441: 20 feet minimum
4. Parking: Parking requirements shall be as required pursuant to Chapter 7 of the Town’s Land Development Regulations for the specific use. All regular parking spaces shall be ten by 20 feet in size. Florida Accessible parking spaces should be 12 by 20 feet in size with a five-foot-wide minimum van accessible access aisle.
5. Landscaping: Landscape requirements shall be Landscape Buffer Class “A” on the east, west, north, and south sides of the property as delineated in Chapter 10-Section 10-3, Tables 10-1 and 10-2, Landscaping section of the Land Development Regulations. For development proposing Mini-Storage Warehouses, warehouse buildings shall be screened from any public rights-of-way by a six foot high opaque fence or wall with a buffer yard planted along the street side of the fence or wall.
6. Dumpsters Areas: All dumpster and refuse areas shall be large enough to accommodate the intended use. It shall also be screened as defined in the Commercial Design guidelines. The extent and type of screening shall be determined by the Town Commission at the time of site plan approval. No refuse outside of dumpster area shall be permitted.
7. Signage: Signage shall be allowed pursuant to the provisions of Chapter 17 of the Town’s Land Development Regulations.
8. Water Retention Areas: The drainage and storm water retention requirements of the Town and the appropriate regulatory agencies shall be met and approved by the Town Consulting Engineer. These private retention areas shall be properly maintained by the developer.
9. Lighting: All lighting for the proposed facilities shall be designed and located such that light and/or glare shall be directed upon the subject property only.
10. Utilities: The property described in Exhibit “A’” shall connect to the Town of Lady Lake’s potable water, central sewer, and reclaim/reuse systems at time of commencement. All costs associated with design, permitting, engineering, materials, construction and inspections shall be the sole cost of the developer.
11. 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.
12. 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., site plans, final plat), and said development plans must meet all codes and ordinances of the Town of Lady Lake. All applicable rules and regulations for development within the Town shall be met; including but not limited to, final site plan approval, landscaping, drainage, parking, sign regulations, and yard setbacks.
13. Transportation: The developer shall comply with all Lady Lake access management requirements, including providing a cross-access easement upon both northern and southern property boundaries at a width being no less than 24 feet, as established in the Lady Lake Land Development Regulations.
14. Additional Conditions: In addition to the specific conditions contained herein, the Property Owner shall comply with all local, state, and Federal regulations pertaining to the proposed development of the Property.
15. 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.
16. 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.
17. 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.
18. Miscellaneous:
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.
19. 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.
20. Recording: This Memorandum shall be recorded in the public record of Lake County, Florida.
21. 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.
TOWN OF LADY LAKE
______________________________
Ruth Kussard, Mayor
Attest:
______________________________
Nancy Slaton, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
PROPERTY OWNER
______________________________
R K Dunn, LLC, Property Owner/Authorized Signer
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this ____ day of __________, 2021 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
Downloads
Commission Meeting Agenda Item 2021214 (.pdf document)
Draft Ordinance 2021-15 (.pdf document)