Commission Meeting Agenda Item
Agenda Item Title
Ordinance 2022-12 – Second and Final Reading - Large-Scale Future Land Use Comprehensive Plan Amendment — Changing the future land use designation from Lake County Rural to Lady Lake Single Family Medium Density for property owned by Joseph H. O’Dell and Julien and Diana Malkiewicz; being approximately 172.707 acres; Referenced by Alternate Key Numbers 1283582, and 1283523, within Lake County, Florida.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Ordinance 2022-12.
On Tuesday, July 19, 2022, applications were filed with the Town of Lady Lake by Craig Brashier with CHW Professional Consultants, on behalf of property owners Joseph H. O’Dell and Julien and Diana Malkiewicz to amend the Future Land Use designation of 172.707 acres in accordance with the Town’s Comprehensive Plan to assign an appropriate Future Land Use designation. The request is to change the property from Lake County Rural to Lady Lake Single Family Medium Density. The subject property consists of two parcels located approximately 1,500 Feet north of Lake Ella Road and east of Cherry Lake Road, identified by alternate key numbers 1283582, and 1283523.
The subject properties are in Section 30, Township 18 South, Range 24 East, in Lake County, Florida. The appropriate legal descriptions, location maps, and surveys of the properties were included with the submitted applications.
FUTURE LAND USE
EXISTING FLU. Existing Future Land Use designation is Lake County Rural. It is intended to protect rural lifestyles represented by single-family homes on large lots and to accommodate agricultural pursuits. New development cannot utilize regional water and wastewater utilities within the Rural FLU classification. This FLU is limited to a maximum density of 1 dwelling unit per 5 acres.
PROPOSED FLU. Proposed Future Land Use designation is Lady Lake Single Family Medium Density (SF-MD). The Single-Family Medium Density FLU category has a maximum density of 6 dwelling units per acre. The FLU category is limited to detached single-family dwelling units, unless a PUD is implemented; with a PUD, multifamily, industrial, and commercial uses are also permitted.
The requested land use change would result in the potential for up to ±1,002 additional dwelling units compared to the properties’ current County entitlements. However, the requirements of the concurrently proposed Planned Unit Development (PUD) limit the overall density to ±4 dwelling units per acre. Therefore, the limitation of dwelling units to be placed on the two subject properties is ±691.
JUSTIFICATION FOR AMENDMENT
The Large-Scale Future Land Use Amendment will help the Town achieve sustainable growth by assisting in the provision of adequate housing and the development of unique neighborhoods. The additional ±176 acres of Single-Family Medium Density FLU will also help create favorable economic conditions by increasing property tax revenue for the Town. The extension of public facilities will be necessary for development to occur on these properties. All costs related to the extension of water and sewer infrastructure will be paid for exclusively by the developer. This will generate new customers and new revenue for the Town’s Utilities Department. The developer will also contribute heavily to roadway improvements that will benefit residents beyond the boundaries of this project by enhancing the area’s connected roadway network. A mixture of market rate single-family detached homes, age-restricted single-family detached homes, and single-family attached townhomes will be provided in the development of the Planned Unit Development (PUD), of which the lands of this Large-Scale Future Land Use Amendment will include. The land use requested for the properties, Single Family Medium Density, is the appropriate land use to accommodate housing diversity when paired with a PUD. The requested amendment does not promote, allow, or designate land for urban development while leaping over undeveloped lands which are available and suitable for development; the properties are proximate to existing and approved development. Lastly, the development to follow approval of this amendment will be of similar character and density to that of the properties’ surroundings, ensuring broad area compatibility.
ADJACENT PROPERTY CHARACTERISTICS
Direction Future Land Use Designations of Adjacent Properties
North Lady Lake SINGLE-FAMILY MEDIUM DENSITY, Lake County RURAL
East Lady Lake SINGLE-FAMILY MEDIUM DENSITY, Lake County URBAN LOW
South Lake County RURAL
West Lake County RURAL
The subject property is an active cattle ranch with a large herd of cattle. The property is regularly maintained and contains no wetlands or surface waters. One listed species, the gopher tortoise, was observed on site. There were no protected plant species found on the project sites. Protected plants are not expected to occur on the project site since the area has been previously cleared and used as a landscape nursery.
Two land-use types were determined for the project site. A brief description of each community is provided below:
211 – Improved Pasture
The dominate habitat type located on site. There is a barn as well as several shade structures for cattle present. This area is currently grazed by cattle so groundcover is low and a monoculture of bahia grass (Paspalum notatum). There are a few laurel oaks (Quercus laurifolia) present throughout this habitat.
420 – Upland Hardwood Forests
Isolated in the south-central portion of the property this area was left uncleared when the property was converted to pasture. Canopy species present consist of laurel oak, camphor tree (Cinnamomum camphora), live oak (Quercus virginiana), and Chinese tallow (Triadica sebifera). Groundcover was absent in most places with a heavy duff layer. Vegetation observed include Caesar weed (Urena lobata), bahia grass, and some blackberry (Rubus fruticosa).
The subject property is an occupied single-family home. The habitat surrounding the home is mowed and maintained uplands. No listed species were observed on site. There are no wetlands present on site.
Two land-use types were determined for the project site. A brief description of each community is provided below:
110 – Residential, Low Density
Located in the northeastern portion of the property there is a home that is currently occupied. Vegetation surrounding the home consists of bahia grass (Paspalum notatum).
190 – Open Lands
The dominate habitat type located on site. There is a shed as well as a pad where a previous structure once was. This area is regularly mowed and maintained vegetation observed includes of bahia grass there are a few laurel oaks (Quercus laurifolia) and longleaf pines (Pinus palustris) present on site.
IMPACT ON TOWN SERVICES
Potable Water: Conclusion: Maximum development potential of the subject properties would generate an estimated demand of ±259,000 gallons per day on the Town’s potable water infrastructure; considering a more accurate density of 4 dwelling units per acre, the consumption would be 172,750 gallons per day. The development to follow approval of this application will include the extension of Town potable water utility infrastructure at the expense of the developer to serve the project. Per Town of Lady Lake Public Works staff, the Town’s current potable water capacity is approximately 300,000 GPD. The Town’s water Consumptive Use Permit will be eligible for renewal in 2026. At this time, the allocations may be adjusted by the St. John’s River Water Management District, potentially expanding potable water capacity. Adjustment to the Town’s Consumptive Use Permit will ensure there is adequate capacity, at the appropriate time, to serve the development to follow this application. Last year’s average consumption per day was 739,169 gallons per day.
Sewer: Maximum development potential of the subject properties would generate an estimated demand of ±259,000 gallons per day on the Town’s sanitary sewer infrastructure; considering a more accurate density of 4 dwelling units per acre, the consumption would be 172,750 gallons per day. The development to follow approval of this application will include the extension of Town sewer utility infrastructure at the expense of the developer to serve the project.
The Town’s current sanitary sewer capacity is approximately 130,000 GPD. The Town has recently begun construction of a new wastewater treatment plant, which will increase this capacity. This plant is slated for completion in approximately two years. The new wastewater treatment plant will ensure there is adequate capacity, at the appropriate time, to serve the development to follow this application.
Schools: Maximum development potential of the subject properties would result in 163 new elementary-age students (109 when evaluated at 4 dwelling units per acre); 79 new middle school-age students (55 when evaluated at 4 dwelling units per acre); and 114 new high school-age students (79 when evaluated at 4 dwelling units per acre). The properties are within Concurrency Service Area (CSA) #8 and are zoned for Villages Elementary School, Carver Middle School, and Leesburg High School.
Transportation: Maximum development potential of the subject properties would generate an estimated ±8,506 daily trips/ 881 pm Peak Hour Trips (5,694 Daily New Net Trip/ 599 pm Peak Hour Trips is the true impact of the concurrent PUD submittal including a total of 331 acres). A Traffic Analysis was submitted with the application. The analysis examines the potential maximum development scenario of the concurrently submitted PUD application. This analysis finds that the requested PUD rezoning is not projected to cause Level of Service deficiencies on the transportation network within the study area.
Parks And Recreation: As part of the residential development, additional activity-based recreational areas will be provided internally by the development. This application is submitted concurrently with a PUD alteration application, proposing to include the two subject properties in the adjacent PUD to the east. This proposed PUD will include ±130.36 acres of open space and recreational opportunities for residents of the PUD. This provision of recreational opportunities will help address Level of Service demands on recreation facilities introduced by development of the properties.
Stormwater: Project will be required to adhere to St. Johns River Water Management District (SJRWMD) guidelines, drainage, and engineering best management practices.
Flood: The subject property (O’Dell) does contain portions of Flood Hazard Area A as per FEMA Firm Map 12069C0165E effective 12/18/12.
Staff mailed notices to inform the surrounding 89 property owners within 150 feet of the property proposed by the annexation request on Monday, July 25, 2022. The property was also posted 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, November 14, 2022.
TRANSMITTAL PACKAGE COMMENTS
On Thursday, September 15, 2022, the transmittal package was distributed to the Department of State, the East Central Florida Regional Planning Council, Florida Department of Transportation, Florida Department of Environmental Protection, Lake-Sumter MPO, Lake County School Board, Lake County Board of County Commissioners, Sumter County Board of County Commissioners, and the St. John’s River Water Management District for comments.
Florida Department of Economic Opportunity letter dated October 14, 2022, stated that the department has no comment on the proposed amendment.
On October 3, 2022, the Florida Department of Transportation commented that, as proposed, the amendment is not anticipated to generate additional significant and adverse impact on the State Highway System (SHS) or Strategic Intermodal System (SIS). However, and due to the proposed development magnitude, the Department recommends that, as the development moves into subsequent development phases, the Town of Lady Lake coordinates with the Department regarding the additional traffic analysis and potential impacts and corresponding mitigation of the proposed development to the SHS and/or SIS.
On October 14, 2022, the Florida Department of Environmental Protection stated that based on their review of the submitted amendment package, the Department found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department’s jurisdiction.
On October 5, 2022, the St. John’s River Water Management District commented that based on their review of the submitted materials, District staff have no comments on the proposed amendment.
On October 4, 2022, an email was received stating that Sumter County supports the proposed Large-Scale Future Land Use Amendment. However, they believe some mitigation may be required at the intersection of C 466 and CR 100 at the time of site development. The development is required to undergo further traffic impact analysis in support of subsequent development phases, including site planning and engineering. Sumter County requests that these phases of analysis be required to adhere to Sumter County’s Traffic Impact Analysis Guidelines (latest edition) for all roadways within Sumter County’s jurisdiction. Specifically for impacts related to the signalized intersection of CR 466 and CR 100.
Source of Funding
The Technical Review Committee found that Ordinance 2022-12 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 2022-12 to the Town Commission with the recommendation of approval.
At the September 7, 2022 meeting, the Local Planning Agency voted 3-2 to approve Ordinance 2022-12.
At the September 7, 2022 meeting, the Town Commission voted 3-2 to approve Ordinance 2022-12 upon First Reading.
Draft Ordinance 2022-12
AN ORDINANCE PERTAINING TO COMPREHENSIVE PLANNING IN THE TOWN OF LADY LAKE, FLORIDA; AMENDING THE TOWN OF LADY LAKE ORDINANCE NO. 81-8-(83), WHICH ESTABLISHED THE TOWN OF LADY LAKE COMPREHENSIVE PLAN; PROVIDING FOR A LARGE-SCALE FUTURE LAND USE MAP AMENDMENT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:
Section 1. Legislative Findings, Purpose, and Intent.
On February 2, 1981, the Town Commission of the Town of Lady Lake adopted a Comprehensive Plan pursuant to Florida Statute 163.3184, known as the “Local Government Comprehensive Planning Act” (“Act”), which sets forth the procedures and requirements for a local government in the State of Florida to adopt a Comprehensive Plan and amendments (to a Comprehensive Plan).
The Town Commission adopted Lady Lake Comprehensive Plan by Ordinance No. 81-8(83), and amended said Ordinance by Ordinance No. 91-21, approved December 2, 1991, and Ordinance No. 94-16, approved on October 12, 1994.
The Town’s Local Planning Agency reviewed a proposed amendment to the Future Land Use Map Series of the Town of Lady Lake Comprehensive Plan on September 7, 2022, and recommended to the Town Commission that said amendment be adopted by the Town Commission.
The Town Commission has held public hearings on the proposed amendment to the Future Land Use Map Series of the Comprehensive Plan and received comments from the general public and the Local Planning Agency.
The Town of Lady Lake has complied with the requirements of the Act for amending the Comprehensive Plan.
Section 2. Authority. This ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161 – 163.3243, Florida Statutes, as amended.
Section 3. Large Scale Amendment to the Future Land Use Element Map Series.
The Comprehensive Plan, as amended, is hereby further amended by amending the Future Land Use Element Map Series with the large-scale amendment as indicated below:
Amendment Number: 22-01
Applicant/Owner: Applicant Craig Brashier on behalf of Owners Joseph H. O’Dell and Julien and Diana Malkiewicz
General Location: Approximately 1,500 Feet North of Lake Ella Road, East of Cherry Lake Road, Lady Lake, Florida 32159
Acres: Approximately 172.707 Acres
Future Land Use Change from Rural (Lake County) to Single Family Medium Density (SF-MD).
Graphic representation of this Large-Scale Future Land Use Element Map Amendment is shown in the attached “Exhibit A”.
Section 4. 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 5. Effective Date.
This ordinance shall become effective as provided in Chapter 163, Florida Statutes.
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