Commission Meeting Agenda Item

Agenda Item

Ordinance 2022-06 — Rezoning — Smith-Anderson — Change the zoning designation from Lake County Agriculture (A) to Lady Lake Residential Planned Unit Development (PUD) for property owned by William Mason Anderson and Alfreida Anderson and Carl A. Smith Trustee of the Carl A. Smith Family Trust; being approximately 24.75 acres; Referenced by Alternate Key Numbers 3907338, 1283264, and 1283329, within Lake County, Florida.

Agenda Item ID

2022118

Department

Growth Management

Staff recommends approval of the first reading of Ordinance 2022-06.

Summary

On Thursday, May 5, 2022, applications have been filed with the Town of Lady Lake by Chuck C. Hiott with Halff Associates, Inc., on behalf of property owners Carl A. Smith Trustee, William Mason Anderson and Alfreida Anderson, to annex property consisting of three vacant parcels located approximately a mile south of the intersection of Rolling Acres Road and Highway 466, and just over 5/6 of a mile north of the intersection of Rolling Acres Road and Lake Ella Road, at the southeast corner of Sunshower Lane and Rolling Acres Road. The application involves rezoning approximately 24.75 acres from Lake County Agriculture (A) to Lady Lake Residential Planned Unit Development (PUD).

The subject property proposes only the following uses:

  • 49 Single Family Detached Dwelling Units
  • 80 Single Family Attached Dwelling Units/Townhomes

A total of 129 residential units.

The proposed memorandum of agreement Ordinance 2022-06 states the following:

  • Single Family Detached Units:

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

2)    Single Family Attached Dwelling Units:

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: 0 feet minimum

Other development guidelines include:

  1. The minimum Open Space area for the entire development is 25 percent. The maximum impervious surface ratio for each lot is 55 percent for single family detached dwelling units and 75 percent for single family attached dwelling units/townhomes.
  2. Minimum Lot Size Required
  • Single Family Detached Dwelling Units: 6,000 square feet
  • Single Family Attached Dwelling Units: 2,400 square feet

In terms of landscaping buffers, the applicant proposes Landscaping Buffer Class “A” along Rolling Acres Road and along the north, south, and east boundaries.

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. 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 developer shall comply with all Lady Lake access management requirements. Road connectivity along Sunshower Lane and Rolling Acres Road will require right-of-way dedication and road improvement(s) to required Code standards.

The subject property is in Section 29, 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 Lake County Community Facilities District (CFD)
East Lake County Agriculture (A)
South Lake County Agriculture (A)
West Rolling Acres Road ROW/Lady Lake Residential Planned Unit Development (PUD)

The existing zoning designation is Lake County Agriculture (A). The proposed zoning designation is Lady Lake Residential Planned Unit Development (PUD). The PUD designation is consistent with adjacent properties across the west 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 transmittal to the Town Commission.

Staff mailed notices to inform the surrounding nine property owners within 150 feet of the property proposed by the annexation request on Thursday, May 26, 2022. The property was posted Tuesday, May 31, 2022.

 

Fiscal Impact

Not applicable.

Source of Funding

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee found that Ordinance 2022-06 was ready for transmittal to the Planning and Zoning Board.

At the June 13, 2022 meeting, the Planning and Zoning Board voted 4-0 to forward Ordinance 2022-06 to the Town Commission with the recommendation of approval.

At the July 6, 2022 meeting, the Town Commission voted 4-0 for approval of Ordinance 2022-06 upon First Reading.

Draft Ordinance 2022-06

AN ORDINANCE ESTABLISHING ZONING DESIGNATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 24.75 ACRES OWNED BY WILLIAM MASON ANDERSON AND ALFREIDA ANDERSON AND CARL A. SMITH TRUSTEE OF THE CARL A. SMITH FAMILY TRUST; REFERENCED BY ALTERNATE KEY NUMBERS 3907338, 1283264, AND 1283329, WITHIN THE TOWN OF LADY LAKE, FLORIDA; REZONING SUBJECT PROPERTY FROM LAKE COUNTY AGRICULTURE 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, 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 ____day of July 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 29-18-24-0002-000-06600; Section 29, Township 18 South, Range 24 East. ALTERNATE KEY 3907338 ORB 4963, PG 1975:

The North ½ of the West ¼ of the Northeast ¼ of the Northwest ¼ of Section 29, Township 18 South, Range 24 East, in Lake County, Florida.

Parcel ID 29-18-24-0002-000-01502; Section 29, Township 18 South, Range 24 East. ALTERNATE KEY 1283264 ORB 4747, PG 1994-1995:

The North ¼ of the Northwest ¼ of the Northwest 1/4, Section 29, Township 18 South, Range 24 East, Lake County, Florida, Less County Road Right of Way.

Parcel ID 29-18-24-0002-000-01501; Section 29, Township 18 South, Range 24 East. ALTERNATE KEY 1283329 ORB 4747, PG 1994-1995:

The South ½ of the North ½ of the Northwest ¼ of the Northwest ¼ of Section 29, Township 18 South, Range 24 East, Lake County Florida, Less County Road Right of Way.

EXHIBIT B — Legal Description and Map

This Memorandum of Agreement dated this  18th day of  July  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 Burgland Investments, LLC  (“Developer”), whose mailing address is 1810 W. Kennedy Blvd., Suite 232, Tampa, FL 33606

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 24.75 acres (referred to herein as the “Project”) shall only be used for the following uses:

  • Single Family Detached Dwelling Units
  • Single Family Attached Dwelling Units/Townhomes

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 for single family detached dwelling units and 75 percent for single family attached dwelling units/townhomes.

b) Minimum Lot Size Required

1) Single Family Detached Dwelling Units: 6,000 square feet

2) Single Family attached Dwelling Units: 2, 400 square feet

c) 50-foot minimum lot width is required for Single Family Detached Units.

d) Setback requirements as follows:

1) Single Family Detached Units:

  • 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

2) Single Family Attached Dwelling Units:

  • 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: 0 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: A Type "A" Buffer shall be provided along Rolling Acres Road and along the north, south, and east boundaries and owned by the Homeowners Association

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. Road connectivity along Sunshower Lane and Rolling Acres Road will require right-of-way dedication and road improvement(s) to required Code standards.

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.

20. Attorney’s fees: In any action concerning this Agreement or enforcement of this Agreement, the prevailing party shall be awarded all attorney’s fees and costs.

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

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