Commission Meeting Agenda Item
Agenda Item Title
Ordinance 2022-20 - Second and Final Reading - An Ordinance imposing a moratorium upon the receipt and processing of annexation applications to provide staff the opportunity to perform a comprehensive inventory of land use entitlements and the projected demand on public infrastructure.
Agenda Item ID
Staff Recommended Motion
Staff recommends approval of Ordinance 2022-20, an Ordinance imposing a moratorium upon the receipt and processing of annexation applications to provide staff the opportunity to perform a comprehensive inventory of land use entitlements and the projected demand on public infrastructure.
In the past year, the Town of Lady Lake has added a few hundred acres of land to the incorporated limits of our jurisdiction. Much of the land that was annexed, has been designated for single-family and multi-family development, although some commercial entitlements have been established as well. During the public hearing process of many of the annexation and land use ordinances, residents of the Town, as well as a few elected officials, raised concerns regarding the resources that are required to support such growth.
Upon making recommendations for the approval of land use entitlements, staff does analyze each application to ensure that the Town does have the resources to support such growth on a case-by-case basis. However, staff is of the opinion that it is appropriate at this point in time to perform a comprehensive analysis of the entitlements of the annexed properties within the Town of Lady Lake. Such an analysis is necessary to assess how many lots are platted, yet undeveloped, and to determine the composition of land uses within the Town in terms of both acreage as well as percentages versus the whole of what has yet to be developed.
At this time Growth Management staff has drafted an ordinance which would prohibit the filing of any annexation application for a period of six months to provide time to perform the aforementioned analysis of Town property. The effective period of the moratorium as proposed would be from January 1, 2023, through the date of June 30, 2023. The prohibition would only bar the addition of new property into the Town’s incorporated limits; however, properties that have land use entitlements with the Town at present would be free to pursue those development rights during the six-month period, as well as to file for modifications of the entitlements on their land (i.e., rezone their property).
Upon completion of the analysis of currently incorporated land, Town staff will provide the results to the Town Commission to determine the next steps for our community. Potential outcomes could result in commissioning a strategic development plan; land development regulations changes; changes to the comprehensive plan; the addition of infrastructure projects to the capital improvement plan; or a determination that further analysis is needed.
Source of Funding
At the October 3, 2022 meeting, the Town Commission voted 4-1 to proceed with drafting an ordinance to impose a 180-day moratorium on the receipt and processing of annexation applications.
The Technical Review Committee found that Ordinance 2022-20 was ready for transmittal to the Planning and Zoning Board.
At the November 14, 2022 meeting, the Planning and Zoning Board voted 5-0 to forward Ordinance 2022-20 to the Town Commission with the recommendation of approval.
At the December 5, 2022 meeting, the Town Commission voted 5-0 to approve Ordinance 2022-20 upon first reading.
Draft Ordinance 2022-20
AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY, FLORIDA, ESTABLISHING A MORITORIUM ON THE PROCESSING, REVIEWING, CONSIDERING, AND APPROVING OR DENYING OF APPLICATIONS FOR THE ANNEXATION OF UNINCORPORATED LAND UNTIL AN ASSESSMENT HAS BEEN COMPLETED TO ENSURE THAT THE TOWN’S PUBLIC INFRASTRUCTURE, AND TOWN OF LADY LAKE PERSONNEL, ARE EQUIPPED TO MEET THE DEMAND OF ADDITIONAL GROWTH; PROVIDING FOR EXEMPTIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Section 163.3167, Florida Statutes, requires Town of Lady Lake to maintain a comprehensive plan to guide its future development and growth; and
WHEREAS, the Town of Lady Lake is a strong proponent of responsible growth and aims to promote and preserve the general health, safety, and welfare of the Town and its residents; and
WHEREAS, the Town of Lady Lake feels that it is prudent at this juncture, and in the best interest of the Town of Lady Lake, to halt the processing of annexation applications for a period of six months; and
WHEREAS, the Town of Lady Lake recognizes that additional growth will create increased demand on the Town’s public infrastructure and Town of Lady Lake personnel; and
WHEREAS, the Town of Lady Lake has elected to enact the suspension to afford time to assess the inventory of currently annexed, yet undeveloped, land and what resources may be required to support the development of those properties; and
WHEREAS, the Town of Lady Lake recognizes the rights of property owners to continue the development of currently incorporated properties, as well as the right to pursue the amendment of zoning entitlements for such lands, over the course of the following six months; and
NOW, THEREFORE, BE IT ORDAINED by the Town Commission of the Town of Lady Lake, Lake County, Florida:
SECTION 1. Findings and Intent
(a) The findings of fact in the above recitals (whereas clauses) to this Ordinance are hereby adopted as the findings by, and the intent of, the Town Commission of the Town of Lady Lake.
(b) This Ordinance is enacted under the authority of the Constitution of the State of Florida (including Article VIII, Section 2 (b) thereof), the general powers conferred upon municipalities by state law, and otherwise (including, but not limited to, Chapters 163 and 166, Florida Statutes), the Town Charter of the Town of Lady Lake and other applicable law.
SECTION 2. Purpose
This ordinance is enacted to, for a period of 180 days, assess the inventory of currently annexed, yet undeveloped, land and what resources may be required to support the development of those properties.
SECTION 3. Moratorium
The following activities shall hereby cease for a period of 180 days:
The receipt of application for annexation by Town Staff, processing, reviewing, considering, and approving or denying for unincorporated land.
SECTION 4. Exemption
The following are hereby exempt from this Ordinance:
- Applications for the annexation of land by the Lake County School Board to acquire property to further the development of educational facilities.
- Applications for the annexation of land by the Town of Lady Lake to acquire lands for the development of public utility infrastructure and/or parks and recreational facilities.
- Applications for individual residential lots which have already been developed.
SECTION 5. Conflict
All ordinances made in conflict with the Ordinance are hereby repealed to the extent of such conflict.
SECTION 6. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by a Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof.
SECTION 7. Effective Date
This Ordinance shall become effective January 1, 2023 and shall expire on June 30, 2023.
PASSED AND ORDAINED this ___ day of December, 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
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney