Commission Meeting Agenda Item
Agenda Item
Ordinance 2021-29 — An Ordinance Establishing Zoning Classification for Certain Property Being Approximately 41.22 Acres Owned by Palm Property Partners-Haymaker, LLC; Referenced by Alternate Key Numbers 1739438, 1237815, and 1739454, Within Lake County, Florida; Rezoning Subject Property from Lady Lake Unclassified Designation to Lady Lake Residential Planned Unit Development (PUD)
Department
Growth Management
Staff Recommended Motion
- Motion to forward Ordinance 2021-29 to the Town Commission with the recommendation of approval.
- Motion to forward Ordinance 2021-29 to the Town Commission with the recommendation of denial.
Staff recommends approval of Ordinance 2021-29.
Summary
On Wednesday, November 17, 2021, a rezoning application was filed with the Town of Lady Lake, by Charles C. Hiott with Besh Halff on behalf of Palm Property Partners-Haymaker LLC, to establish a zoning designation and request land uses within the Memorandum of Agreement of Ordinance 2021-29 for parcels in Lady Lake located about one-eighth of a mile from Southeast 180th Street also known as the Marion County line, within the incorporated boundary of the Town of Lady Lake, Florida.
The rezoning application involves three parcels for a combined total of 41.22 acres (alternate key numbers 1739438, 1739454, and 1237815). The property was originally annexed into the Town and given a Future Land Use designation of Single-Family Medium Density back on April 19, 2007, within the limits of the Town of Lady Lake, Florida.
The proposed land use is as follows:
Single Family detached Dwelling Units
The applicant has provided a detailed conceptual plan showing the site was developed as a single-family subdivision consisting of approximately 160 lots.
The proposed memorandum of agreement, Ordinance 2021-29 states that the minimum open space area for the entire development is 25 percent. Within these areas, the developer can provide landscaping buffers, passive recreational areas, and other amenities. The code requires that an activity-based recreational area no less than 15,000 square feet be provided, which can feature benches, built-in grills, picnic tables, slide, jungle gym, etc.
The maximum impervious surface ratio for each lot is proposed at 55 percent. The minimum lot size is proposed at 5,600 square feet and the minimum lot width will be not less than 50 feet. Setbacks are proposed as follows:
Front Yard Setback: 25 feet minimum
Primary Rear Yard Setback: 10 feet minimum
Accessory Rear Yard Setback: 5 feet minimum (pool enclosures, screen rooms, sheds, and similar)
Side Yard Setback: 5 feet minimum
In terms of landscaping buffers, the landscaping requirement shall be designated as Landscape Buffers Class “A” around the east, west, north, and south perimeters of the subject property line as delineated in Chapter 10, Landscaping and Tree Protection, of the Land Development Regulations. This designation requires two canopy trees, three understory trees, and a hedge per every 100 linear feet. A landscaping waiver will be necessary to address the accommodation of Line Road as an existing easement access to properties abutting the southern boundaries.
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 05, 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
| Direction | |
| North | Lake County Agriculture |
| East | Lake County Agriculture |
| South | Lake County Agriculture |
| West | Lady Lake Single Family Medium Density (RS-6) and Lake County Community Facility District (CFD). |
The existing zoning designation is Lady Lake “Unclassified” Zoning Designation. The proposed zoning designation is Lady Lake Residential Planned Unit Development (PUD). The PUD designation will achieve establishing certain impervious surface ratios, clustering of lots, layout of open space areas and minimum lot size.
The rezoning application has been reviewed and determined to be complete satisfying the necessary criteria as required for rezoning. The application meets 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 16 surrounding property owners within 150 feet on Wednesday, November 24, 2021. The property was posted on Wednesday, November 24, 2021.
PAST ACTIONS
The Technical Review Committee found that Ordinance 2021-29 was ready for transmittal to the Planning and Zoning Board.
Fiscal Impact
Not applicable.
Source of Funding
Not applicable.
Funding Account
Public Hearings
The second and final reading is scheduled for Wednesday, January 19, 2022, at 6 p.m.
TC/ns
Draft Ordinance 2021-29
AN ORDINANCE ESTABLISHING ZONING DESIGNATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 41.22 ACRES OWNED BY PALM PROPERTY PARTNERS-HAYMAKER, LLC; REFERENCED BY ALTERNATE KEY NUMBERS 1739438, 1237815, AND 1739454, WITHIN TOWN OF LADY LAKE, FLORIDA; REZONING SUBJECT PROPERTY FROM LADY LAKE “UNCLASSIFIED DESIGNATION” TO LADY LAKE “RESIDENTIAL PLANNED UNIT DEVELOPMENT” (PUD); PROVIDING FOR SEVERABILITY; 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, on April 19, 2007, the Town of Lady Lake adopted the annexation of the 41.22-acre parcel per Ordinance 2006-57 and established the future land use designation as Lady Lake Single Family Medium Density.
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 “Residential 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 zoned “Residential 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 by the Town Commission of the Town of Lady Lake, Florida, this 19th day of January, 2022.
Town of Lady Lake, Florida
______________________________
Jim Rietz, Mayor
Attest:
______________________________
Nancy Wilson, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Parcel ID 05-18-24-0001-000-00300; Section 05, Township 18 South, Range 24 East. ALTERNATE KEY 1237815 ORB 1087, PG 530-532:
THE SOUTH 1/4 OF THE NORTH 1/2 OF GOVERNMENT LOT 1, ALSO DESCRIBED AS THE SOUTH 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, OF SECTION 5, TOWNSHIP 18 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, LESS THE FOLLOWING: BEGIN AT THE SOUTHEAST CORNER OF THE NORTH 1/2 OF GOVERNMENT LOT 1 IN SAID SECTION 5; RUN THENCE NORTH 0°10'30" WEST 337.27 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH 1/4 OF SAID GOVERNMENT LOT 1; THENCE WEST ALONG SAID NORTH LINE 40 FEET; THENCE SOUTH 0°10'30" EAST TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; THENCE EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. ALSO, THAT PART OF THE SOUTH 1/4 OF THE NORTH 1/2 OF GOVERNMENT LOT 2 IN SECTION 5, TOWNSHIP 18 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE NORTH 1/2 OF GOVERNMENT LOT 1 IN SECTION 5; RUN THENCE NORTH 0°03'10" WEST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 338.7 FEET TO THE NORTH LINE OF THE SOUTH 1/4 OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; THENCE NORTH 89°43'15" WEST 36 FEET; THENCE SOUTH 0°03'10" EAST TO THE SOUTH LINE OF NORTH 1/2 OF SAID GOVERNMENT LOT 2; THENCE EAST ALONG SAID SOUTH LINE 32 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
Parcel ID 05-18-24-0001-000-00600; Section 05, Township 18 South, Range 24 East. ALTERNATE KEY 1739438 ORB 939, PG 2369-2371:
THE S1/2 OF N1/2 OF GOV. LOT 2, SEC. 5, TP. 18 S, R. 24 E , LESS: BEGIN AT THE SOUTHWEST CORNER OF THE N1/2 OF GOV. LOT 1, SAID SEC. 5, RUN THENCE NORTH 00°03'10" WEST ALONG THE WEST LINE OF SAID GOV. LOT 1 A DISTANCE OF 338.7 FEET TO THE NORTH LINE OF THE S1/4 OF THE N1/2 OF SAID GOV. LOT 1, THENCE RUN NORTH 89°43'15" WEST 36 FEET, THENCE RUN SOUTH 00°03'10" EAST TO THE SOUTH LINE OF THE N1/2 OF SAID GOV. LOT 2, THENCE RUN EAST ALONG SAID LINE A DISTANCE OF 32 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALSO LESS: BEGIN AT A POINT ON THE WEST LINE OF GOV. LOT 1, SAID SEC 5 A DISTANCE OF 338.71 FEET NORTH 00°03'10" WEST OF THE SOUTHWEST CORNER OF N1/2 OF SAID GOV. LOT 1, THENCE RUN NORTH 00°03'10" WEST 338.71 FEET, MORE OR LESS, TO THE NORTH LINE OF THE N1/2 OF THE S1/2 OF THE N1/2 OF SAID GOV. LOT 1, THENCE RUN NORTH 89°39'30" WEST 42 FEET, THENCE RUN SOUTH 00°03'10" EAST TO THE NORTH LINE OF THE S1/4 OF THE N1/2 OF SAID GOV. LOT 2, THENCE RUN EAST ALONG SAID LINE A DISTANCE OF 36 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
ALSO, BEGIN AT THE SOUTHEAST CORNER OF THE S1/2 OF THE N1/2 OF GOV. LOT 3, SEC. 5, TP. 18 S, R. 24 E, RUN THENCE NORTH 00°04'12" WEST 680.30 FEET, THENCE WEST 41.44 FEET, THENCE SOUTH 00°28'38" EAST 680.43 FEET, THENCE EAST TO POINT OF BEGINNING, SAID LAND BEING A STRIP OF LAND LYING BETWEEN THE EASTERLY RIGHT OF WAY OF U.S. ALTERNATE 441, AND THE WEST BOUNDARY LINE OF THE S1/2 OF N1/2 OF SAID GOV. LOT 2. ALL THE ABOVE LYING AND BEING IN LAKE COUNTY, FLORIDA.
Parcel ID 05-18-24-0001-000-00200; Section 05, Township 18 South, Range 24 East. ALTERNATE KEY 1739454 ORB 1087, PG 533-536:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF GOVERNMENT LOT 1, ALSO DESCRIBED AS THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, OF SECTION 5, TOWNSHIP 18 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, LESS THE FOLLOWING: BEGIN AT A POINT ON THE NORTH LINE OF THE SOUTH 1/4 OF THE NORTH 1/2 OF GOVERNMENT LOT 1 IN SAID SECTION 5 THAT IS 337.27 FEET NORTH 0°10'30" WEST OF THE SOUTHEAST CORNER OF THE NORTH
1/2 OF SAID GOVERNMENT LOT 1; RUN THENCE NORTH 0°10'30" WEST 337.27 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; THENCE WEST ALONG SAID NORTH LINE 45 FEET; THENCE SOUTH 0°10'30" EAST TO THE NORTH LINE OF THE SOUTH 1/4 OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; THENCE EAST ALONG SAID NORTH LINE 40 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
ALSO, THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF GOVERNMENT LOT 2, IN SECTION 5, TOWNSHIP 18 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE WEST LINE OF GOVERNMENT LOT 1 IN SAID SECTION 5 THAT IS 338.71 FEET NORTH 0°03'10" WEST OF THE SOUTHWEST CORNER OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; RUN THENCE NORTH 0°03'10" WEST 338.71 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 1; THENCE NORTH 89°39'30" WEST 42 FEET; THENCE SOUTH 0°03'10" EAST TO THE NORTH LINE OF THE SOUTH 1/4 OF THE NORTH 1/2 OF SAID GOVERNMENT LOT 2; THENCE EAST 36 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXHIBIT B — Memorandum of Agreement
This Memorandum of Agreement dated this ____of ___________ 2022, 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 PALM PROPERTY PARTNERS-HAYMAKER, LLC (“Property Owner”), whose mailing address is 4414 Massachusetts St., Orlando, FL 32812.
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 to establish the zoning designation for the property as “Residential Planned Unit Development” (PUD).
Property Owner desires to appoint Charles Hiott with BESH HALFF as the Agent in processing the concurrent Rezoning 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 Residential Land Use category for that property depicted in the attached legal description Exhibit “A”.
1. Permitted Uses: The subject property, containing approximately 41.22 acres (referred to herein as the “Project”) shall only be used for the following uses:
* Single Family Detached Dwelling Units and ancillary single family subdivision amenities such as community buildings, offices, swimming pools and recreational facilities
2. Design, Development, and Setback Standards:
a) The minimum Open Space area for the entire development is 25 percent. The maximum impervious surface ratio for each lot is 55 percent.
b) 5,600-square-foot minimum lot size is required.
c) 50-foot minimum lot width is required.
d) Setback requirements as follows:
* Front Yard Setback 25 feet minimum
* Primary Rear Yard Setback: 10 feet minimum
* Accessory Rear Yard Setback: 5 feet minimum (pool enclosures, screen rooms, sheds, and similar)
* Side Yard Setback: 5 feet minimum
3. 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.
4. 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. However, along the southern boundary of the property, the western 1050 linear feet will not have Landscaping Buffer Class “A,” but rather just a 6-foot vinyl fence so that a 25-foot ingress/egress access easement (Line Road) can be accommodated for the southern boundary adjacent property owners.
5. Signage: Signage shall be allowed pursuant to the provisions of Chapter 17 of the Town’s Land Development Regulations.
6. 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.
7. 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.
8. 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 or have a Pioneer agreement for impact credits approved by the Town Commission.
9. 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.
10. 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.
11. Transportation: The developer shall comply with all Lady Lake access management requirements.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Recording: This Memorandum shall be recorded in the public record of Lake County, Florida.
19. 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
______________________________
Jim Rietz, Mayor
Attest:
______________________________
Nancy Wilson, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
PROPERTY OWNER
______________________________
PALM PROPERTY PARTNERS, 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
EXHIBIT C — Conceptual Plan
Downloads
Commission Meeting Agenda Item 2022004 (.pdf document)
Draft Ordinance 2021-29 (.pdf document)