Commission Meeting Agenda Item
Agenda Item Title
Ordinance 2023-06 — Second/Final Reading - 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
Staff Recommended Motion
Staff recommends approval of Ordinance 2023-06.
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 a 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:
· Retail Sales & Services
· Medical 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 (26) with a limitation of 2 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 West and South property lines, each at a width of 10 feet. A landscape Class B buffer will be provided on the East and North property lines, with the north buffer width being 20 feet, and the east buffer width being 25 feet. 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 hours of operation shall only be permitted from 9 a.m. to 9 p.m.
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.
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 parcels, 6 units, take out restaurant application denoted by Alternate Keys: 1739845, 1279593, and 1698600.
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 owners within 150 feet of the property proposed by the rezoning request on Thursday, May 25, 2023. The property was posted on 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.
Source of Funding
The Technical Review Committee found that Ordinance 2023-06 was ready for transmittal to the Planning and Zoning Board.
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.
At the September 6, 2023 meeting, the Town Commission voted 3-1 for approval of Ordinance 2023-06 upon First Reading.