Planning and Zoning Meeting Agenda Item

Agenda Item Title

Ordinance 2023-06 — Rezoning — Hien D. Nguyen and Barbara D. Kleinschrodt — Changing the zoning designation from Lady Lake Mixed Low Density Residential (MX-5) to Lady Lake Planned Commercial (CP) for property; being approximately 0.682 acres; Referenced by Alternate Key Numbers 2801573 and 2515678 within Lake County, Florida.

Agenda Item ID

2023073

Department

Growth Management

1. Motion to forward Ordinance 2023-06 to the Town Commission with the recommendation of approval.

2. Motion to forward Ordinance 2023-06 to the Town Commission with the recommendation of denial.

Staff recommends approval of Ordinance 2023-06.

Summary

On Wednesday, May 10, 2023, applications have been filed with the Town of Lady Lake by Michael Rankin with LPG Urban & Regional Planners, LLC, on behalf of property owners Hien Nguyen and Barbara Kleinschrodt to rezone approximately 0.682 acres. The request is to rezone the property from Lady Lake Mixed Residential Low Density (MX-5) to Lady Lake Planned Commercial – (CP). The subject parcels consist of two contiguous, vacant lots located east of Clay Avenue, south of West Lemon Street and north of Highway 466, just northeast of the intersection of Highway 466 and Clay Avenue and approximately 0.3 miles west of the intersection of US Hwy 441 and West Lemon Street, identified by alternate key numbers 2801573 and 2515678.

The subject property proposes only the following uses:

·         The applicant proposes a 2,000-square-foot Fast-Food Restaurant without Drive-through and outside seating (two buildings with the potential of four tenants)

The proposed memorandum of agreement Ordinance 2023-06 states the following:

1.      Permitted Uses:

·      Restaurant

·      Retail Sales & Services

·      Medical Offices

·      Offices

2.      Uses Expressly Prohibited.  Any and all uses other than those aforementioned as “permitted uses” shall be expressly prohibited.

3.      Design Standards.

A.            The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty percent (80%).

B.            The maximum floor area ratio shall be limited to .5.

C.            Maximum building height is forty-five feet (45’) with a limitation of 3 stories.

D.           Setback requirements shall be:

1)            Front Yard Setback: Roadway - twenty-five (25) feet minimum

2)            Rear Yard Setback:  fifteen (15) feet minimum

3)            Side Yard Setback When Adjoining:

·         Another lot - fifteen (15) feet minimum

·         Local roadway - twenty (20) feet minimum

Other development guidelines include:

In terms of landscaping buffers, the Landscaping requirements shall be Landscape Buffers Class A and B around the perimeter of the subject property line as delineated in Chapter 10, Landscaping section of the Land Development Regulations. A landscape Class A buffer will be provided on the North, West, and South property lines. A landscape Class B buffer will be provided on the East property line. The owner shall install a cable railing fence along the South perimeter of the property adjacent to the outdoor dining, on the West buffer adjacent to the outdoor dining and around the eastern edge of the outdoor dining.

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 along E Lemon and Clay Avenue.

The subject properties are in Section 17, 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 East Lemon Street ROW/Mixed Residential Medium Density (MX-5)
East Mixed Residential Medium Density (MX-5)
South Hwy 466 ROW/Light Commercial (LC)
West Clay Avenue ROW/Lady Lake Residential Professional (RP)

The existing zoning designation is Mixed Residential Medium Density (MX-5). The proposed zoning designation is Lady Lake Planned Commercial (CP). The CP designation is consistent with adjacent properties across the south 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 11 property owners within 150 feet of the property proposed by the annexation request on Thursday, May 25, 2023. The property was posted Tuesday, May 30, 2023.

FISCAL IMPACT

Not applicable

SOURCE OF FUNDING

Not applicable

FUNDING ACCOUNT

Not applicable

PAST ACTIONS

The Technical Review Committee found that Ordinance 2023-06 was ready for transmittal to the Planning and Zoning Board.

PUBLIC HEARINGS

The first reading of Ordinance 2023-06 before the Town Commission is scheduled for Monday, July 3, 2023.The second and final reading is scheduled for Monday, July 17, 2023, at 6 p.m.