Commission Meeting Agenda Item

Agenda Item

Ordinance 2021-22 (Second and Final Reading) — Rezoning — Randy Heimos Life Estate — Changing the Zoning Designation from Lady Lake Residential Professional (RP) to Lady Lake Planned Commercial (CP) for Property being Approximately 6.62 Acres; Referenced by Alternate Key Numbers 1121612, 1584876, 2700416, and 3793334, within the Town Limits of Lady Lake, Florida

Department

Growth Management

Staff recommends approval of the second and final reading of Ordinance 2021-22.

Summary

O

On Wednesday, October 6, 2021, applicant David Springstead with Springstead Engineering on behalf of Randy Heimos Life Estate, submitted an application to rezone property within Lady Lake and establish requested land uses within the Memorandum of Agreement Ordinance 2021-22 for property located just south of Joe Hudson’s Collision Center, along Old Dixie Highway, approximately 250 lineal feet south of the intersection of Griffin View Drive and Old Dixie Hwy, within the limits of the Town of Lady Lake, Florida.

The rezoning application involves four parcels for a combined total of 6.62 acres (Alternate Keys 1121612, 1584876, 2700416, and 3793334).

The proposes land uses are as follows:

Retail Sales and Services, Medical Offices, Offices, Office/Warehouse Facilities, Contractor’s Office, Mini-Storage Warehouse and Motor Vehicles, Recreational Vehicles and/or Boat Storage Facilities.

The applicant has provided a detailed conceptual plan showing the site developed as a storage facility consisting of approximately 39,024 square feet of enclosed storage building area, 34,422 square feet of covered storage area, a 600-square-foot manager’s residence, and

a 600-square-foot office.

The site will feature an RV pump station. The proposed hours are from 8 a.m. to 5 p.m. The applicant also proposes unattended 24-hour access to the facilities which shall be with coded keypad and automatic horizontal sliding gate.

The proposed memorandum of agreement Ordinance 2021-22 states that the developer is proposing a maximum building height of 35 feet.

Setbacks are proposed as follows:

1) Front Yard Setback:

  1. a) Local roadway – 25 feet minimum
  2. b) Collector roadway – 35 feet minimum

2) Rear Yard Setback: 20 feet minimum

3) Side Yard Setback When Adjoining:

  1. a) Another lot - 20 feet
  2. b) Local roadway - 25 feet minimum

In terms of landscaping buffers, landscaping requirements shall be Landscape Buffers Class “B” around the perimeter of the subject property line as delineated in Chapter 10, Landscaping and Tree Protection, of the Land Development Regulations. Owner shall install vinyl fencing for the perimeter property lines. Existing trees located within the buffer shall take the place of required trees with proper approvals. Owner shall maintain all landscaping in good order pursuant to all Town codes and shall maintain all fences in good order as determined by the Town.

The Project shall be served by the Town's central water and sewer systems. 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 21, 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 Planned Commercial (CP)
East Lady Lake Heavy Commercial (HC)
South Mixed Residential Medium Density (MX-5)
West Multi-Family Low Rise (MF-12)

The existing zoning designation is Lady Lake Residential Professional (RP). The proposed zoning designation is Lady Lake Planned Commercial (CP). The CP 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, satisfying the necessary criteria as 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 final consideration by the Town Commission.

Staff mailed notices to inform the 30 surrounding property owners within 150 feet on Wednesday, October 20, 2021. The property was posted on Wednesday, October 20, 2021.

PAST ACTIONS

The Technical Review Committee found that Ordinance 2021-22 was ready for transmittal to the Planning and Zoning Board.

At the November 8, 2021 meeting, the Planning and Zoning Board voted 5 to 0 to forward Ordinance 2021-22 to the Town Commission with the recommendation of approval.

At the December 6, 2021 meeting, the Town Commission voted 5 to 0 for approval of Ordinance 2021-22 upon first reading.

Fiscal Impact

Not applicable.

Source of Funding

Not applicable.

Funding Account

Not applicable.

TC/ns

Draft Ordinance 2021-22

AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 6.62 ACRES OWNED BY RANDY HEIMOS LIFE ESTATE; REFERENCED BY ALTERNATE KEY NUMBERS 1121612, 1584876, 2700416, AND 3793334; WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LADY LAKE RESIDENTIAL PROFESSIONAL (RP) 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, 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 Lady Lake Residential Professional (RP) to Lady Lake Planned Commercial (CP), with granted entitlements as specified under the attached Exhibit “B” (Memorandum of Agreement), and shall be developed in accordance with the conceptual plan as depicted by Exhibit “C”.

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 December, 2021 by the Town Commission of the Town of Lady Lake, Lake County, Florida, upon Second and Final Reading.

Town of Lady Lake, Florida

______________________________
Jim Rietz, Mayor

Attest:

______________________________
Nancy Slaton, Town Clerk

Approved as to form:

______________________________
Derek Schroth, Town Attorney

EXHIBIT A — Legal Description and Map

PARCEL 1 (Parcel # 21-18-24-0003-000-03700) 413 Sunshine Boulevard — That part of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 18 South, Range 24 East, In the City of  Lady Lake, Lake County, Florida, bounded and described as follows: BEGIN at a point on the West line of said Section 21 that Is 420.5 feet North of the Southwest corner of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 21 and run thence East 145 feet; thence South parallel to the West line of said Section 21 a distance of 181 feet; thence West 145 feet to the West line of said Section 21; thence North along said West line 181 feet to the POINT OF BEGINNING.

PARCEL 2 (Parcel # 21-18-24-0003-000-03702)  416 S Old Dixie Highway — From the Northwest corner of the Southwest 1/4 of Section 21, Township 18 South, Range 24 East, In Lake County, Florida, run South 239.5 feet, thence East 145 feet for the POINT OF BEGINNING. Run thence South 181 feet; thence West 145 feet; thence South 119.5 feet; thence East 100 feet; thence South 120 feet; thence East to a point 120 feet West of Railroad Right-of-Way; thence Northwesterly parallel to Railroad Right-Of-Way 170 feet; thence East 120 feet; thence Northwest along Railroad Right-of-Way to a point East of the POINT OF BEGINNING; thence West to the POINT OF BEGINNING.

PARCEL 3 (Parcel # 21-18-24-0003-000-23100) — A portion of the south 1/2 of the Northwest 1/4 of the Southwest 1/4 of section 21, Township 18 South, Range 24 East, Lake County, Florida, being described as follows: Commence at the Northwest corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 18 South, Range 24 East; thence South 00 degrees 00 minutes 30 seconds West, along the West line of said South 1/2, a distance of 225 feet; thence North 89 degrees 54 minutes 15 seconds East, parallel with the North line of said South 1/2 a distance of 208.50 feet; thence North 36.00 feet; thence North 89 degrees 54 minutes 15 seconds East, parallel with the North line of said South 1/2, a distance of 29.00 feet to the POINT OF BEGINNING: thence continue North 89 degrees 54 minutes 15 seconds East, a distance of 495.09 feet, more or less, to the Southwesterly Right-of-Way line of A.C.L. Railroad (now abandoned); thence North 26 degrees 22 minutes 32 seconds West, along said Right-of-Way line a distance of 210.00 feet, more or less, to the North line of the aforesaid South 1/2; thence south 89 degrees 54 minutes 15 seconds West, a distance of 402.80 feet; thence South 00 degrees 00 minutes 30 seconds West, a distance of 189.00 feet, more or less, to the POINT OF BEGINNING.

SUBJECT TO a 50 foot wide Easement for Ingress and Egress, being described as follows: Commence at the Northwest corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 18 South, Range 24 East, thence South 00 degrees 00 minutes 30 seconds West, along the West line of said south 1/2, a distance of 225.00 feet; thence North 89 degrees 54 minutes 15 seconds East, parallel with the North line of said South 1/2, a distance of 208.50 feet; thence North 36.00 feet; thence North 89 degrees 54 minutes 15 seconds East, parallel with the North line of said South 1/2, a distance of 29.00 feet to the POINT OF BEGINNING of this Easement: thence continue North 89 degrees 54 minutes 15 seconds East, a distance of 495.09 feet, more or less, to the Southwesterly Right-of-Way line of A.C.L. Railroad (now abandoned); thence North 26  degrees 22 minutes 32 seconds West, along said Right-of-Way line, a distance of 55.60 feet; thence South 89 degrees 54 minutes 15 seconds West, a distance of 470.87 feet; thence south 00 degrees 00 minutes 30 seconds West, a distance of 50.00 feet to the POINT OF BEGINNING.

LESS AND EXCEPT that portion conveyed In Official Records Book 1428, Page 1480, of the Public Records of Lake County, Florida.

PARCEL 4 (Parcel # 21-18-24-0003-000-03701 ) — The West 100 feet of the South 120 feet of the Northwest 1/4 of the Northwest 1/4 of the Southwest ¼ of Section 21, Township 18 South, Range 24 East, Public Records of Lake County, Florida.

 

EXHIBIT B — Memorandum of Agreement

This Memorandum of Agreement is dated this 20th day of December, 2021 between the Town of Lady Lake, Florida (the “Town”) and the Randy Heimos Life Estate(“Property Owners”).

RECITALS
1. The Property Owner is the fee simple owner of certain real property in Lake County, Florida, as described in the legal description attached as Exhibit ”A”.

2. The real property described in the legal description is presently zoned Lady Lake Residential Professional (RP).

3. The applicant requests approval of this MOA to rezone the property and establish the requested uses.

NOW THEREFORE, in recognition of the foregoing, the parties agree to the following terms and conditions as part of the Planned Commercial (CP) zoning for that property described in the attached legal description, Exhibit “A”.

1. Permitted Uses. Retail Sales & Services, Medical Offices, Offices, Office/Warehouse Facilities, Contractor’s Office, Mini-Storage Warehouse and Motor Vehicles, Recreational Vehicles and/or Boat Storage Facilities.

2. Uses Expressly Prohibited. Any and all uses other than those aforementioned as “permitted uses” shall be expressly prohibited; inclusive of vehicle repair, welding, and shop activities.

3. Hours of Operation. The hours of operation shall be as follows:

a. Open at 8 a.m.
b.Close at 5 p.m.
c. Unattended 24hr access to the facilities. Access shall be with coded keypad and automatic horizontal sliding gate
d. The holding tank for the dump station shall be serviced during normal business hours.

4. Design Standards.

a. The maximum impervious surface ratio (which includes building coverage) shall be limited to 80%.

b. Maximum building height is 35 feet.

c. Setback requirements shall be:
1) Front Yard Setback:
a) Local roadway – 25 feet minimum

b) Collector roadway – 35 feet minimum

2) Rear Yard Setback: 20 feet minimum
3) Side Yard Setback When Adjoining:
a) Another lot - 20 feet

b) Local roadway - 25 feet minimum

5. Parking and Accessibility. 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 10 by 20 feet in size. Florida Accessible parking spaces should be 12 by 20 feet in size with eight feet wide minimum van accessible access aisle.

6. Landscaping. Landscaping requirements shall be Landscape Buffers Class B” around the perimeter of the subject property line as delineated in Chapter 10, Landscaping section of the Land Development Regulations. Owner shall install vinyl fencing for the perimeter property lines. Existing trees located within the buffer shall take the place of required trees with proper approvals. Owner shall maintain all landscaping in good order pursuant to all Town codes and shall maintain all fences in good order as determined by the Town.

7. Vehicle Registration. Owner shall ensure all recreational vehicles, boats, and/or other vehicles must maintain proper registration at all times while parked within the storage facility.

8. Designated Spaces. Each leasable space within the facility shall be clearly marked by a post and numbering system. The contents of each space must remain entirely within the area designated for the lessee of the assigned space.

9. Maintenance Standards. Owner shall ensure all vehicles within the facility shall be properly maintained as to not exhibit mildew, broken windows, discoloration, or cracking and/or chipped paint. Owner shall ensure any covers used in conjunction with boat storage or other vehicles shall be properly secured and shall also be absent of tears and mildew. The property owner shall bear the responsibility of adherence to these standards.

10. High Grass. Owner shall maintain the property to ensure the height of the grass does not exceed a maximum of 10 inches under, around, or between vehicles and/or boats, as well as on all other portions of the property.

11. Heirs and Successors. The terms and conditions as set forth in this Memorandum of Agreement shall insure 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.

12. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Memorandum of Agreement. Said plans shall be submitted for review and approval of the Technical Review Committee and Town Commission prior to authorization and issuance of a development order.

13. 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 areas shall be properly maintained by the developer.

14. 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.

15. Infrastructure. The developer shall be responsible for the cost and installation of any required on-site and off-site infrastructure improvements necessitated by impacts of the project (i.e., Concurrency Management).

16. Signage. Owner will erect ground mounted sign to meet design standards with the Town’s approval. Final design and layout shall be submitted for proper approvals.

17. Potable water & Sanitary Sewer. 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.

18. Compliance with All Requirements. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the subject property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the Town of Lady Lake Land Development Regulations and Town Code of Ordinances. Nothing herein shall relieve the Developer or their successors or assigns from obtaining any local, regional, state, or federal permits, or compliance with any applicable ordinance, laws, rules, or regulations necessary for the development of the property.

19. Recordation. The Memorandum of Agreement shall be recorded in the Public Records of Lake County, Florida.

20. Enforcement. In addition to any other remedies available under Florida law, the Town Commission may enforcement this Memorandum of Agreement through litigation or through the Code Enforcement proceedings. The Town shall be entitled to recover all attorney’s fees and costs incurred in seeking enforcement of this Memorandum of Agreement. The Town is also entitled to rescission of this Agreement, if it desires, and any and all rights conferred under this Agreement in the event Owner violates this Agreement. Upon approval of this agreement, the aforementioned property shall only be used for the purposes described herein. 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 Commission and shall be legally binding upon any heirs, assigns and successors in title or interest.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written.

RANDY HEIMOS LIFE ESTATE

______________________________
Randy Heimos (Life Tenant)

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:

______________________________

EXHIBIT C - Conceptual Plan

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