Commission Meeting Agenda Item
Agenda Item Title
Ordinance 2022-11 — Second and Final Reading - Annexation — An Ordinance of the Town Commission of the Town of Lady Lake, Florida; Voluntarily Annexing Property Being Approximately 172.707 Acres Owned by Joseph H. O’Dell and Julian and Diana Malkiewicz; Referenced by Alternate Key Numbers 1283582 And 1283523; Located Approximately 1,500 Feet North of Lake Ella Road and East of Cherry Lake Road in Lake County, Florida.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Ordinance 2022-11.
On Tuesday, July 19, 2022, applications were filed with the Town of Lady Lake by Craig Brashier, on behalf of property owners Joseph H. O’Dell and Julian and Diana Malkiewicz, to annex property consisting of two parcels located approximately located approximately 1,500 Feet North of Lake Ella Road and East of Cherry Lake Road. The application involves annexing approximately 172.707 acres from unincorporated Lake County into the Town of Lady Lake.
The subject properties are in Section 30, Township 18 South, Range 24 East, in Lake County, Florida. The appropriate legal descriptions, a location maps, and surveys of the properties were included with the submitted application. The parcels will be served by the Town’s water, sewer, and reuse facilities, which would require annexation at some point upon connection to Town’s utilities. The subject properties are contiguous with the existing municipal boundary.
The annexation application has been reviewed and determined to be complete. The application meets 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 surrounding 89 property owners within 150 feet of the property proposed by the annexation on Monday, July 25, 2022. The property was also posted on Monday, July 25, 2022. Mailed notices were sent again on Monday, November 7, 2022 prior to second and final reading, and the properties were posted on Monday, November14, 2022.
Source of Funding
The Technical Review Committee found that Ordinance 2022-11 was ready for transmittal to the Planning and Zoning Board.
At the August 8, 2022 meeting, the Planning and Zoning Board voted 5-0 to forward Ordinance 2022-11 to the Town Commission with the recommendation of approval.
At the September 7, 2022 meeting, the Town Commission voted 3-2 for approval of Ordinance 2022-11 upon First Reading.
Draft Ordinance 2022-11
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA; VOLUNTARILY ANNEXING PROPERTY BEING APPROXIMATELY 172.707 ACRES OWNED BY JOSEPH H O’DELL AND JULIAN AND DIANA MALKIEWICZ; REFERENCED BY ALTERNATE KEY NUMBERS 1283582 AND 1283523; LOCATED APPROXIMATELY 1,500 FEET NORTH OF LAKE ELLA ROAD AND EAST OF CHERRY LAKE ROAD IN LAKE COUNTY, FLORIDA; PROVIDING FOR REDEFINITION OF THE LAND BOUNDARIES OF THE TOWN OF LADY LAKE; PROVIDING FOR FILING THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:
Section 1. Pursuant to and under the authority of the provisions of Florida Statute 171.044, the Town of Lady Lake, Florida, does hereby annex property being approximately 172.707 acres, in the unincorporated areas of Lake County, Florida, contiguous to the Town, more particularly described in Exhibit “A”.
Section 2. Upon final passage and adoption of this Ordinance, a copy hereof shall be filed with the Clerk of the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida, and also a copy shall be filed with the Department of State of the State of Florida.
Section 3. Should any section, phrase, sentence, provision, or portion of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 4. That all property, real and personal, within said annexed property described herein, as provided by this Ordinance, and the inhabitants thereof, shall be subject to the government, jurisdiction, powers, franchises, duties, and privileges of the said Town of Lady Lake, Florida, and the said rezoned property shall be liable proportionately, for all of the present outstanding and existing, as well as future indebtedness to the Town of Lady Lake, Florida, and all laws heretofore passed by the Legislature of the State of Florida, relating to and which now and hereafter constitute its Charter, shall apply to and have the same force and effect on such annexed territory as if all such annexed territory had been a part of the Town of Lady Lake, Florida, at the time of the passage and approval of said laws and ordinances.
Section 5. This Ordinance shall become effective upon its adoption.
Section 6. In accordance with the provisions of Section 171.06, Florida Statutes, the property annexed in this Ordinance is subject to the Land Use Plan of the Lake County Comprehensive Plan and County zoning regulations until the Town adopts a Comprehensive Plan Amendment to include this annexed parcel on the Future Land Use Map Series of the Town's Comprehensive Plan.
PASSED AND ORDAINED this ___ day of _____________, 2022 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.
Town of Lady Lake, Florida
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney