Commission Meeting Agenda Item
Ordinance 2021-26 (Second and Final Reading) — Rezoning — Property Owners: Miguel Matos and Rosa Perez, James Hartson and Daphne Peters, Nicholas and Lark Capra, Waylon and Mandy Bibler, Joseph and Melissa Denham, Richard Rotondo, and The Di Scala Family Trust — Redesignating Zoning Classification from Lady Lake County Single-Family Medium Density (RS-6) to Lady Lake Agricultural Residential (AG-1) for Property being Approximately 74 Acres; Nine Properties Referenced by Alternate Key Numbers 2688360, 2688424, 2688483, 2688556, 1809347, 1282420, 3777509, 1282454 and 3793364 Located within Lady Lake, Florida
Staff Recommended Motion
Staff recommends approval of the second and final reading of Ordinance 2021-26.
On April 19, 2007, approximately 150 acres were annexed into the Town of Lady Lake under Ordinance 2006-42. The annexation, large-scale comprehensive plan amendment, and rezoning of the property were processed to establish entitlements for the development of a subdivision on the properties. At that time, extended paving of Edwards Road was on Lake County’s Capital Improvement Plan.
Shortly thereafter, the paving of Edwards Road was removed from Lake County’s Capital Improvement Plan, and the housing market took a drastic fall. Park Haven, a ten-acre subdivision adjacent and west of the subject properties, was under development and utilities were being placed on the tract. The Park Haven subdivision was never completed, nor was Edwards Road ever extended. Edwards Road remains an unimproved clay road to this day.
With the collapse of the housing market and the absence of utilities, the property no longer seemed suitable for development at a density of six dwelling units per acre. The property sat idle for a number of years until it was sold off to individual owners, most tracts in excess of five acres.
On December 16, 2019, the Town of Lady Lake adopted Ordinance 2019-19, which prohibited agricultural uses in the RS-6 zoning district, of which these properties are classified. The property owners purchased these lands with the intent to use them in an agricultural manner, which they were no longer able to do pursuant to Ordinance 2019-19.
Given that the seven properties are now under separate ownership, and that there exists no central water or sewer to the properties, nor a paved road, it is very unlikely that the properties will ever be aggregated for a development of six dwelling units per acre. Each party to the rezoning application has expressed their intent to use the property for agricultural purposes. Rezoning the properties to Agricultural Residential (AG-1) will allow the property owners to use their land in a manner which they desire.
Notices to inform the surrounding 28 property owners within 150 feet of the property of the proposed amendment were mailed on Monday, October 25, 2021. The property was also posted on Monday, October 25, 2021.
The Technical Review Committee found that Ordinance 2021-26 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 2021-26 to the Town Commission with the recommendation of approval.
At the December 6, 2021 meeting, the Town Commission voted 5 to 0 to approve Ordinance 2021-26 upon first reading.
Source of Funding
Draft Ordinance 2021-26
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 74 ACRES OWNED BY MIGUEL MATOS AND ROSA PEREZ, JAMES HARTSON AND DAPHNE PETERS, NICHOLAS AND LARK CAPRA, WAYLON AND MANDY BIBLER, JOSEPH AND MELISSA DENHAM, RICHARD ROTONDO, AND THE DI SCALA FAMILY TRUST; REFERENCED BY ALTERNATE KEY NUMBERS 2688360, 2688424, 2688483, 2688556, 1809347, 1282420, 3777509, 1282454 AND 3793364; NINE PROPERTIES WHICH ARE LOCATED WITHIN LADY LAKE, FLORIDA; REZONING SUBJECT PROPERTIES FROM LADY LAKE COUNTY SINGLE-FAMILY MEDIUM DENSITY (RS-6) TO LADY LAKE AGRICULTURAL RESIDENTIAL (AG-1); 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, located in Lady Lake, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Agricultural Residential” (AG-1). 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 “Single Family Medium Density” (RS-6) to “Lady Lake Agricultural Residential” (AG-1).
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
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
SECTION 27 TOWNSHIP 18 EAST RANGE 24 SOUTH:
AK# 2688360 - BEG AT SW COR OF NW 1/4 OF NW 1/4 & RUN N 0DEG 14MIN 50SEC W 1301.4 FT, N 89DEG 52MIN 10SEC E 237.27 FT, S 0DEG 14MIN 50SEC E 1301.25 FT, S 89DEG 57MIN 15SEC W 237.27 FT TO POB--LESS N 8 FT FOR ADDITIONAL RD R/W--ORB 5219 PG 265
AK# 2688424 - BEG 237.27 FT E OF SW COR OF NW 1/4 OF NW 1/4, RUN N 0DEG 14MIN 50SEC W 1301.25 FT, N 89DEG 52MIN 10SEC E 237.27 FT, S 0DEG 14MIN 50SEC E 1302.1 FT, S 89DEG 57MIN 15SEC W 237.27 FT TO POB--LESS N 8 FT FOR ADDITIONAL RD R/W-- ORB 5231 PG 906
AK# 2688483 - BEG 474.54 FT E OF SW COR OF NW 1/4 OF NW 1/4 & RUN N 0DEG 14MIN 50SEC W 1302.1 FT, N 89DEG 52MIN 10SEC 237.27 FT, S 0DEG 14MIN 50SEC E 1302.44 FT, S 89DEG 57MIN 15SEC W 237.27 FT TO POB--LESS N 8 FT FOR ADDITIONAL RD R/W-- ORB 5413 PG 868
AK#2688556 - BEG 711.81 FT E OF SW COR OF NW 1/4 OF NW 1/4 & RUN N 0DEG 14MIN 50SEC W 1302.44 FT, N 89DEG 52MIN 10SEC E 237.27 FT, S 0DEG 14MIN 50SEC E 1302.78 FT, S 89DEG 57MIN 15SEC W 237.27 FT TO POB--LESS N 8 FT FOR ADDITIONAL RD R/W-- ORB 5265 PG 642
AK#1809347 - BEG 949.08 FT E OF SW COR OF NW 1/4 OF NW 1/4 & RUN N 0-14-50 W 1302.78 FT, N 89-52-10 E 237.27 FT, S 0-14-50 E 1303.14 FT, S 89-57-15 W 237.27 FT TO POB--LESS N 8 FT FOR
ADDITIONAL RD R/W-- ORB 5598 PG 1690
AK#1282420 - E 145.6 FT OF NW 1/4 OF NW 1/4--LESS N 33 FT FOR RD R/W--ORB 5120 PG 1468
AK#3777509 - NW 1/4 OF NE 1/4 OF NW 1/4--LESS E 483.18 FT & LESS N 33 FT FOR RD R/W-- ORB 4654 PG 1932
AK#1282454 - E 483.18 FT OF NW 1/4 OF NE 1/4 OF NW 1/4--LESS N 33 FT FOR RD R/W-- ORB 4477 PG 1932
AK#3793364 - W 492 FT OF NW 1/4 OF NE 1/4--LESS N 33 FT FOR RD R/W—SE 1/4 OF NE 1/4 OF NW 1/4, ALL IN SEC 27-18-24 ORB 4678 PG 1206 ORB 5240 PG 2399