Commission Meeting Minutes

6. Ordinance 2021-22 (First Reading) — Rezoning — for Property Being Approximately 6.62 Acres Owned by Randy Heimos Life Estate; Referenced by Alternate Key Numbers 1121612, 1584876, 2700416, and 3793334; within Lake County, Florida; Rezoning from Lady Lake Residential Professional (RP) To Lady Lake Planned Commercial (CP) (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He stated staff has received several comments and questions about this project. He stated several items have been revised as a result and this will be reflected in the MOA of the ordinance prior to second and final reading. Mr. Carroll stated staff received questions regarding when the RV holding tank would be pumped, which will be pumped during normal business hours. This will also be included in the MOA.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Kussard stated that staff answered her question regarding the RV pumping station.

Mayor Rietz asked if there were any public comments on this ordinance. There were no comments.

Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2021-22, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

7. Ordinance 2021-23 (First Reading) — Annexation — of Property being Approximately 150.72 Acres Owned by Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 And East of Cherry Lake Road in Lake County, Florida (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He stated that the applicant filed applications to annex property consisting of 150.72 acres located south of County Road 466 and east of Cherry Lake Road in Lake County. The owner desires approval for annexation with PUD zoning classification for residential use and proposes combining with the existing Hammock Oaks PUD. The property will be served by the Town of Lady Lake’s water and sewer systems and the Lake County Fire Department. The application meets the requirements of the Land Development Regulations and conforms to Lady Lake’s Comprehensive Plan. Five residential properties will be created as enclaves as a result; the police department has verified that this will not create a problem.

Commissioner Kussard noted that Mr. Belliveau has noted that they will be requesting a variance for a cell tower setback for the existing cell tower as a result of this annexation. She asked for clarification of that request.

Mr. Belliveau stated the existing cell tower is 185 feet tall and is on the southern portion of the property. The existing setbacks go from 330 to 700 foot setbacks. The developer will ask for a setback of 200 feet since this will be an RV storage facility rather than residential. If the tower were to fall, it would implode rather than fall laterally. He stated this variance request will come before the Commission in February.

Mayor Rietz asked if there were any public comments on this ordinance. There were no comments.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-23, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

8. Ordinance 2021-24 (First Reading) — Large Scale Comprehensive Plan Amendment — Providing for a Change to the Future Land Use Designation of Property being Approximately 150.72 Acres Owned by Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Change from Urban Low Density (Lake County) to Mixed Development District/Traditional Neighborhood District (MDD-ND) (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He explained that the applicant wants to amend the Future Land Use of the property from Lake County Urban Low Density to Lady Lake Mixed Development District/Traditional Neighborhood District. The applicant provided a Concurrency Determination Statement to explain expected impacts on Town services and a justification statement to explain why future land use should be amended. Mr. Carroll stated that road intersection improvements have been coordinated between Lake and Sumter Counties since Cherry Lake Road is in Sumter County, and Hwy 466, as well as Rolling Acres Road are in Lake County. He stated the applicants are present if there are questions.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Freeman asked for the definition of the requested land use Lady Lake Mixed Development District/Traditional Neighborhood District.

Mr. Carroll replied that this comp plan designation allows for mixed use; both residential and commercial uses.

Mr. Belliveau explained that the current county designation already allows four units per acre, and the annexation of this property allows for the same amount of four units per acre. He stated the future land use will be the same with this annexation, and traffic will be the same for both designations.

Mayor Rietz asked which roads will be impacted the most such as Cherry Lake to the west and Lake Ella to the south.

Mohammed Abdallah of Traffic Mobility Consultants  agreed that the traffic generated by this designation will be a wash on paper, although density of traffic should actually be reduced. He stated the majority of the traffic will impact the Hwy 466 corridor to Hwy 301, east to west. He stated they anticipate local traffic will increase with this development and reduce cut-through traffic.

Commissioner Kussard asked if the developer will generate additional proportionate share for Rolling Acres in addition to the Meucci property. She asked what type of improvements will be made.

Mr. Abdallah stated he believes an their proportionate share will be north of $650,000 for this project and will include Rolling Acres Road. He stated in addition to that, significant improvements such as road widening and turn lanes will be made to Cherry Lake Road and Hwy 466 for safe and adequate access.

Mayor Rietz asked staff if the affected roads were all county roads. He stated his concern that the county will not make necessary improvements.

Mr. Carroll replied that Cherry Lake Road is a Sumter County road, and Hwy 466, Rolling Acres Road, and Lake Ella Road are all Lake County Roads.

Mr. Abdallah reiterated that they will be making improvements for access such as turn lanes, etc.

Mr. Belliveau further explained some of the improvements they are required to construct regarding the roads.

Commissioner Kussard stated it would be nice if the county would fix the issues in Lady Lake regarding Rolling Acres Road. She stated the Commissioners cannot turn down development

Mayor Rietz asked if there were any public comments on this ordinance.

Nancy Jordan Blackmore of 265 Olanta Drive in The Villages of Sumter County stated she represents the eight homeowners who live directly across from the proposed entrance of this development. She stated they are asking for speed limits to be reduced to 35 mph and other traffic control. She read a statement regarding the concerns these residents have and asked that Lady Lake be a good neighbor.

Mayor Rietz noted that they are trying to be a good neighbor regarding the traffic generated.

Mr. Carroll stated enforcement of traffic will be coordinated with the different agencies involved.

John Curtis of Kolter stated he met with residents and agree there is traffic noise due to speeders. He stated they will try to work with the design to implement items to meet the residents’ needs and mitigate the noise.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-24, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

9. Ordinance 2021-25 (First Reading) — Rezoning — for Property being Approximately 421 Acres Owned by Triston Gustavo Meucci Life Estate, Louis Meucci Trustee, Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279810, 3325451, 1279801, 1770700, 1279828, 1279780, 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Rezoning Subject Property from Lake County Agriculture and Planned Unit Development to Town of Lady Lake Planned Unit Development–Mixed Use (PUD) (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He stated that the applicant is requesting to amend the zoning designation of approximately 421 acres within the Lady Lake town limits from Lake County Urban Low Density and Lady Lake Mixed Development District-Traditional Neighborhood District to Lady Lake Mixed Development District-Traditional Neighborhood District. The project proposed consists of 120,000 square feet of commercial uses; 15,000 square feet of medical offices; 3,000 square feet of general office uses, 940 units of single-family residences; 330 units of multi-family apartments; 216 townhomes; 56.3 acres of parks and amenities and, 138.93 acres of open space. Issues such as traffic will be addressed in the Memorandum of Agreement and can be addressed prior to second and final reading.

Mr. Carroll stated there will be four access roads - two from Cherry Lake, one from Rolling Acres, and one from Hwy 466 through the commercial portion.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Kussard asked for clarification regarding the access roads to this development. She asked for assurance that there would be no access from either Via San Polo or Plum Nearly Lane. She asked if there is still to be an upscale market area.

Mr. Belliveau stated that access will be from Hwy 466, Cherry Lake, and Rolling Acres. The one from Rolling Acres Road will be a gated access to the adult only units; no other access. He stated that the market rates are upscale for the northwest section of the property and the Kolter +55 is from $400,000 to $600,000.

Eric Morrisette of Kolter Homes confirmed that they plan some homes in the range of $400,000 to $600,000. Workforce housing will be built near the commercial area, and townhomes for sale in the mid to high $200,000s.

Commissioner Holden stated that 56 acres are slated for open space area. He asked if the retention ponds will be considered as part of this open space.

John Curtis of Kolter replied that the goal is to maintain the tree canopy and keep the retention ponds as a natural look. He stated the majority of the 50 acres will be open space, with a larger pond outside of that area to reduce the stormwater. He noted design is still underway and there are only six acres of wetland.

Mr. Carroll noted they will have to adhere to the Land Development Regulations. He stated the standards call for 25% open space and active amenities such as pavilions can be part of that space.

Commissioner Freeman asked if the exit on Hwy 466 will allow for turning both ways.

Mr. Abdallah replied that there is currently a turn-in, with no left hand turn out designed. A U-turn opportunity will be west of Chula Vista.

Commissioner Freeman stated his concern that the trees be saved.

Mr. Curtis stated they will have the tree canopy reviewed by an arborist and they hope to preserve it; it will be part of their site plan application.

Mr. Belliveau stated they would like to request that restaurants be added as a permitted use for this development.

Commissioner Kussard asked if a restaurant would be public.

Mr. Belliveau replied any restaurant would be public.

Mayor Rietz asked if there were any public comments on this ordinance.

Steve Estenson of 38042 Cherry Lake Road stated that there is a row of four to six foot diameter century oak trees on the property line of the development. He stated he is concerned about that the developer will not keep them as their canopy could be a danger to any homes built nearby.

Mr. Curtis of Kolter stated they have designed a 20-foot buffer and will have more than an adequate space to keep the canopy trees. He stated there may be some tree trimming needed.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-25, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

10. Ordinance 2021-26 (First Reading) — Rezoning — for Nine Properties being Approximately 74 Acres Owned by Miguel Matos and Rosa Perez, James Hartson and Daphne Peters, Nicholas and Lark Capra, Waylon and Mandy Bibler, Joseph and Melissa Denham, Richard Rotondo, and The Di Scala Family Trust; Referenced by Alternate Key Numbers 2688360, 2688424, 2688483, 2688556, 1809347, 1282420, 3777509, 1282454 and 3793364; within Lady Lake, Florida; Rezoning Subject Properties from Lady Lake County Single-Family Medium Density (RS-6) to Lady Lake Agricultural  Residential (AG-1) (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He explained that Ordinance 2019-19 prohibited agricultural uses in Single Family Medium Density RS-6 zoning districts. The seven properties making up the 74 acres are in the RS-6 district and are under separate ownership. There exists no water or sewer to the properties nor a paved road. The parties to the rezoning application would all like to rezone their properties to Agricultural Residential (AG-1). Mr. Carroll stated that the likelihood of the seven properties ever aggregating is unlikely due to a number of circumstances.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Kussard asked if these properties are currently on well and septic.

Mr. Carroll replied that the town’s utilities do not reach these properties and they are on a county road that is not currently paved.

Commissioner Holden asked if the town would have easements for future utilities if needed.

Mr. Carroll stated the town does not currently have easements; the county would have to be approached.

Commissioner Holden asked if it would be easier to request easements at this time.

Mr. Carroll replied that he believes this could be easily secured in the future if need be; the right of way currently belongs to the county.

Mayor Rietz asked if there were any public comments on this ordinance.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-26, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

11. Ordinance 2021-27 (First Reading) — An Ordinance Adopting Corrections, Updates And Modifications to the Capital Improvements Schedule of the Town of Lady Lake Comprehensive Plan for Years 2022—2026 (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. The Capital Improvements Schedule is part of the Town’s Comprehensive Plan. The updating process can be accomplished by adoption of an ordinance rather than a Comprehensive Plan Amendment. The purpose for the Capital Improvements Element and the Improvement Schedules is to identify the capital improvements that are needed to implement the Comprehensive Plan and ensure that adopted Level of Service standards are achieved and maintained for concurrency related facilities. The facilities include the water supply, sewer, solid waste, drainage, parks and recreation, public schools, transportation, and mass transit. The Town does not necessarily have financial responsibility for all those public facilities but is responsible for incorporating the five-year capital improvement schedules from other entities.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Freeman asked where the new wells will be located.

Public Works Director C.T. Eagle replied that Well #4 will be located at the Public Works facility, and Well #5 will be replacing Well #1 at Clay Avenue.

Mayor Rietz asked if there were any public comments on this ordinance.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the first reading of Ordinance 2021-27, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

12. Ordinance 2021-28 (First Reading) — An Ordinance Repealing the Second/Final Reading of Ordinance 2021-13 (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. He explained that when submitting this to the Department of Economic Development (DEO), he was informed this should have been reviewed by them prior to the second and final reading. This ordinance will repeal that second and final reading; and will allow him to re-submit the amendments to the DEO for review. It will be brought back most likely in February.

Mayor Rietz asked if the Commissioners or public had any questions. There were no questions.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-28, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES

13. Ordinance 2021-30 (First Reading) — An Ordinance Creating a Community Development District for the Hammock Oaks Development on Highway 466 (Thad Carroll)

Town Attorney Derek Schroth read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. On Monday, October 25, 2021, the Growth Management Director, Town Manager, and Town Attorney met with Jere Earlywine, Attorney with the KE Law Group, Greg Beliveau of LPG Urban and Regional Planners, Inc., and Eric Morrisette of Kolter to discuss the potential of creating a Community Development District (CDD) for the project know as Hammock Oaks. At the conclusion of the meeting, it was the determination of Town staff and the Town Attorney, that the establishment of a CDD has no negative impacts to the Town.

A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community-wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S.

Mr. Carroll stated Mr. Earlywine is present if there are any questions.

Mayor Rietz asked if the Commissioners had any questions.

Commissioner Kussard read a statement expressing concerns about Senate Bill 728 regarding CDDs and the possible inclusion of additional parcels.

Attorney Earlywine stated there is a provision for inclusion of other parcels; however, they have no other parcels under contract at this time.

Commissioner Kussard asked if there is any chance that their CDD would merger with properties on the other side of Cherry Lake Road.

Mr. Earlywine stated it is very unlikely; mergers are pretty rare, but he cannot state a definite no.

Commissioner Kussard asked if Lake County and Florida Land and Water Adjudicatory Commission have been contacted regarding this proposal.

Mr. Earlywine stated there are several statutes that cover this proposal and they are confusing. Districts smaller than 2,500 acres are not required to file petitions with these entities.

Mayor Rietz asked if there were any public comments on this ordinance. There were no comments.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-30, by the following roll call vote:

Commissioner	Vote
Hannan	YES
Kussard	YES
Holden	YES
Freeman	YES
Rietz	YES