Commission Meeting Agenda Item

On Wednesday, May 10, 2023, applications were 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.
4. The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty percent (80%).
5. The maximum floor area ratio shall be limited to .5.
6. Maximum building height is forty-five feet (45’) with a limitation of 3 stories.
7. 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 the 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 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 were 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 was 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 consideration by the Town Commission.

PAST EVENTS

At the June 12, 2023 meeting, the Planning and Zoning Board voted 3-1 to forward Ordinance 2023-06 to the Town Commission with the recommendation of denial. On Thursday, June 29, 2023, Ryan Solstice sent an email to Town Staff requesting a 60-day continuance to allow time to have a community meeting and to meet with Lake County Public Works to inquire about access to the site directly from Highway 466.

On Saturday, August 5th, a community meeting was held at the subject properties to discuss the project with the neighbors. The comments received by the community participants were not favorable and the community members agreed that they simply did not want the project. Due to the public opposition expressed at the Planning and Zoning board hearing and the community meeting, the owner then directed Ryan Solstice to withdraw the application for the three parcel, 6 unit, take out restaurant application denoted by Alternate Keys: 1739845, 1279593, and 1698600.

REVISED SUBMITTAL

The applicant has revised the concept plan for the two-parcel submittal denoted by Alternate Keys: 2515678 and 2801573. The revised conceptual plan is significantly different than the 1st submittal as demonstrated in the following table:

	1st Submittal	Resubmittal	Net Change
North Landscape Buffer	10 ft	20 ft	10 feet
East Landscape Buffer	20 ft	25 ft	5 feet
South Landscape Buffer	10 ft	10 ft	No Change
West Landscape Buffer	10 ft	10 ft	No Change
Access	West Lemon St	466A	Less Impact
North Building Setback	79 ft	89 ft	10 feet
East Building Setback	96 ft	101 ft	5 feet
South Building Setback	47ft min	36 ft min	11 feet
West Building Setback	10 ft	10 ft	No Change
Fence	None	6 ft North and East Property Boundary	Less Impact

PUBLIC NOTICE

Property owners within 150 feet of the property proposed by the rezoning request on Thursday, May 25, 2023. The property was posted Tuesday, May 30, 2023.

On Wednesday, August 23, 2023, staff again mailed notices to inform the surrounding 11 property owners and once again posted the property.