Commission Meeting Agenda Item

AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 26.77 ACRES OWNED BY A PAPISH INC. AND CONNIE HECHT; REFERENCED BY ALTERNATE KEY NUMBERS 3337956, 1698626, 1279712, AND 1279640, WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LAKE COUNTY RANCHETTE DISTRICT (RA) 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 (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 Lake County Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Planned Commercial” (CP), 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 “Lake County Ranchette District” (RA) 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 18^th day of October, 2021.

Town of Lady Lake, Florida

______________________________
Ruth Kussard, Mayor

Attest:

______________________________
Nancy Slaton, Town Clerk

Approved as to form:

______________________________
Derek Schroth, Town Attorney

PARCEL ID 18-18-24-0004-000-02700

Section 18, Township 18 South, Range 24 East

FROM SW COR OF GOV LOT 7 RUN E ALONG S LINE OF GOV LOT 7 A DIST OF 247.32 FT, N 40 FT TO N'LY R/W OF SR 466 & POB, RUN N 0-23-19 W 624.03 FT TO N LINE OF S 1/4 OF GOV LOT 7, S 89-41-19 W 248.05 FT, S 66-37-14 E 161.77 FT, S 0-23-19 E 559.03 FT TO N R/W OF SR 466, E'LY ALONG SAID N'LY R/W 100 FT TO POB--LESS FROM SW COR OF SW 1/4 RUN S 89-51-17 E ALONG CENTERLINE OF CR 466 A DIST OF 2895.95 FT, N 0-08-43 E 40 FT TO N R/W LINE OF CR 466, S 89-51-17 E ALONG SAID N R/W LINE 12.41 FT FOR POB, RUN N 0-08-43 E 2.75 FT, S 89-51-17 E ALONG A LINE BEING 42.75 FT N OF & PARALLEL WITH, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF SAID CR 466 A DIST OF 35.47 FT, S 0-08-43 W 2.75 FT TO N R/W LINE OF CR 466, N 89-51-17 W ALONG SAID N R/W LINE 35.47 FT TO POB FOR RD R/W--ORB 5468 PG 2062.

Being approximately 1.48 acres of land

PARCEL ID 18-18-24-0004-000-01400

Section 18, Township 18 South, Range 24 East

BEG AT SE COR OF GOV LOT 7, RUN W ALONG S LINE OF GOV LOT 7, 732.01 FT, N 0DEG 23MIN 19SEC W 40 FT TO N R/W OF HWY FOR POB, N 0DEG 23MIN 19SEC W 624.04 FT, S 89DEG 41MIN 19SEC W 349.05 FT, S 0DEG 23MIN 19SEC E 624.03 FT TO N R/W OF HWY, E'LY ALONG SAID R/W 349.05 TO POB ORB 5468 PG 2062

Being approximately 5.00 acres of land

PARCEL ID 18-18-24-0004-000-00900

Section 18, Township 18 South, Range 24 East

S 1/2 OF N 1/2 OF S 1/2 OF GOV LOT 7 ORB 5468 PG 2062

Being approximately 10.16 acres of land

PARCEL ID 18-18-24-0004-000-00900

Section 18, Township 18 South, Range 24 East

N 1/4 OF S 1/2 OF GOV LOT 7

Being approximately 10.13 acres of land.

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 A Papish Inc. and Connie Hecht (“Property Owners”), whose mailing address is 21 Taylor Street, Danbury, CT 06810 and 10472 SW 67^th Ct., Ocala, FL 34476 respectively.

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 “Planned Commercial” (CP).

Property Owner desires to rezone the property from Lake County Ranchette District (RA) to Town of Lady Lake Planned Commercial (CP).

Property Owner desires to appoint Gelcorp, Inc. 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 26.77 acres (referred to herein as the “Project”) shall only be used for the following uses:

• Luxury Garage Condominiums, to include Motor Vehicle and Boat Storage
• No manufacturing nor outside storage will be allowed
• Luxury garage condominiums will be for private use and no businesses will be allowed to operate out of the facility
• Business Park
• Office/Warehouse

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:
4. The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.
5. Single Story building with a maximum building height of 30 feet.
6. No minimum lot size is required.
7. No minimum lot width is required.
8. Setback requirements as required in the LDR’s shall be as follows:

• West: 50 feet minimum with conservation easement (abutting The Villages of Lady Lake Unit No. 23 Subdivision)
• East: 10 feet minimum
• South: 50 feet minimum(facing Hwy 466 ROW)
• Rear: 20 feet minimum plus approximately 300 linear feet to the northern property line abutting The Villages of Lady Lake Unit No. 24 Subdivision.

4. Landscaping:

• West: 50-foot Conservation Easement
• East: Class “A” Landscaping Buffer
• South: Class “A” Landscaping Buffer
• Rear: approximately 300 linear feet of Open Space Area to include retention pond areas – No buildings are proposed beyond the current tree line to the north and developer will work with staff to preserve as many trees as possible.

All other landscaping requirements must adhere to the Town’s Land Development Regulations, Chapter 10- Landscaping and Tree Protection.

5. 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/Condo 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.
6. 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.
7. 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.
8. Parking Availability: Developer shall be required to demonstrate that parking is available for in accordance with the parking calculation matrix of the Land Development Regulations.
9. Transportation: The developer shall comply with all Lady Lake access management requirements, as established in the Lady Lake Land Development Regulations.
10. 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.
11. 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.
12. 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.
13. 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.
14. Miscellaneous:
15. 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.

• 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.

15. 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.
16. Recording: This Memorandum shall be recorded in the public record of Lake County, Florida.
17. 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

______________________________

A Papish Inc., 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

PROPERTY OWNER

______________________________

Connie Hecht, Property Owner

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

EXHIBIT C — Conceptual Plan