Commission Meeting Agenda Item
Agenda Item Title
Ordinance 2022-13 — Second and Final Reading - Rezoning - An Ordinance redesignating zoning classification for certain property being approximately 330.397 acres owned by Lugano Development, LLC, Joseph O’Dell, and Diana and Julien Malkiewicz; Referenced by Alternate Key Numbers 1283311, 1283523, 1283582, 1283612, 1585031, 2877685, 2879874, and 3493737; Located south of County Road 466, north of Lake Ella Road, and East of Cherry Lake Road in Lake County, Florida; Rezoning Subject Property from Lake County Agriculture and Town of Lady Lake Planned Unit Development to Town of Lady Lake Planned Unit Development (PUD).
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Ordinance 2022-13.
On Tuesday, July 19, 2022, applications were filed with the Town of Lady Lake by Charles Brashier with CHW Professional Consultants, on behalf of property owners Lugano Development, LLC, Joseph H. O’Dell, and Julien and Diana Malkiewicz to amend the zoning designation of approximately 330.397 acres in accordance with the Town’s Land Development Regulations to assign an appropriate zoning classification. The request is to change the property from Lake County Agriculture and Town of Lady Lake Planned Unit Development to Town of Lady Lake Planned Unit Development. The subject property consists of eight parcels located approximately 1,500 Feet north of Lake Ella Road and east of Cherry Lake Road, identified by alternate key numbers 1283311, 1283523, 1283582, 1283612, 1585031, 2877685, 2879874, and 3493737.
The Rezoning application has been reviewed and determined to be complete, satisfying the necessary criteria as required to meet the requirements of the Land Development Regulations as well as the adopted Comprehensive Plan in accordance with what is being proposed under the Lady Lake Single Family Medium Density (SF-MD), and is ready for consideration by the Town Commission.
Under Ordinance 2006-38, 157.79 acres of the current subject property was zoned Planned Unit Development. At this time, the applicant would like to incorporate the entirety of that 157.79 acres into a new PUD consisting of 330.397 acres. Ordinance 2006-38 also allowed single-family attached (townhomes) units and single-family detached units under its entitlements; therefore, the current request is consistent with what was granted in the past.
The applicant has proposed to develop a residential community consisting of 1,320 units. The development plan proposes 670 of single-family residential units, 100 age-restricted single-family residential units, and 550 townhomes. There will be 130.36 acres of open space with 57.2 acres of common area and 7.4 acres of amenities.
The applicant has provided a conceptual plan detailing the layout of the entire development and the uses and densities within the property.
|Single Family Residential||670|
|Age-Restricted Single Family||100|
|Townhomes, Villas||550 units|
Existing Zoning: Lake County Agriculture and Lady Lake Planned Unit Development (PUD)
Proposed Zoning: Lady Lake Planned Unit Development (PUD)
Properties Adjacent to the proposed development:
|North||Lake County - Agricultural (A), Lady Lake -Planned Unit Development (PUD)|
|East||Lake County - Agricultural (A), Lady Lake -Planned Unit Development (PUD)|
|South||Lake County - Agriculture (A), Lake County – Agricultural Residential (AR), Lake County – Ranchette District (RA)|
|West||Sumter County- Planned Commercial and Residential|
PUD Impact on Levels of Service
- Maximum development potential of the subject properties would generate an additional estimated 5,694 daily trips and 599 PM peak hour trips on the roadway network. A total of 10,835 average daily trips and 1,124 PM peak hour trips are projected for the development. The Requested PUD is not projected to cause Level of Service (LOS) deficiencies on the transportation network within the study area.
- An allocation of 330,000 gallons per day in sanitary sewer capacity will be required for the PUD. Actual consumption is anticipated to be less.
- An allocation of 330,000 gallons per day in potable water capacity will be required for the PUD. Actual consumption is anticipated to be less.
- An anticipated 10,190.4 pounds per day of Solid Waste is projected by the PUD.
- The PUD projected to generate 192 elementary school students, 96 middle school students, and 139 high school students.
Notices to inform the surrounding 89 property owners within 150 feet of the property of the proposed rezoning were mailed 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 2022-13 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 2022-13 to the Town Commission with the recommendation of approval.
At the September 7, 2022 meeting, the Town Commission voted 3-2 to approve Ordinance 2022-13 upon First Reading.
Draft Ordinance 2022-13
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 330.397 ACRES OWNED BY LUGANO DEVELOPMENT, LLC, JOSEPH O’DELL AND DIANA AND JULIEN MALKIEWICZ; REFERENCED BY ALTERNATE KEY NUMBERS 1283311, 1283523, 1283582, 1585031, 2877685, 2879874, 1283612, AND 3493737; LOCATED SOUTH OF COUNTY ROAD 466, NORTH OF LAKE ELLA ROAD, AND EAST OF CHERRY LAKE ROAD IN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM LAKE COUNTY AGRICULTURE AND TOWN OF LADY LAKE PLANNED UNIT DEVELOPMENT (PUD) TO TOWN OF LADY LAKE 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 No. 91-21) pursuant to the requirements of Chapter 163, Part II, 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 II, 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 II, 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.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida.
Section 1. Based upon the petition of certain landowners of property, which is located in Lake County, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned to “Planned Unit Development”, as described in the Memorandum of Agreement “Exhibit B” and shown on the Conceptual Plan “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 rezoned to “Planned Unit Development”.
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. 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 ___________, 2022 in the regular session of 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 Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney