Commission Meeting Minutes

Draft Minutes of the October 4, 2021, 6 p.m. Commission Meeting

The regular meeting of the Lady Lake Town Commission was held in the Commission Chambers at Lady Lake Town Hall, 409 Fennell Blvd., Lady Lake, Florida, with Mayor Ruth Kussard presiding. The meeting convened at 6 p.m.

A. Call to Order

Mayor Ruth Kussard

B. Invocation

By Pastor Keith Johnson of the Chapel of Christian Faith Church

C. Pledge of Allegiance

D. Roll Call

Commissioner (Ward) Present
Hannan (Four) NO
Kussard (One) YES
Holden (Two) YES
Vincent (Three) NO
Rietz (Five) YES

STAFF PRESENT

Derek Schroth, Town Attorney; Bill Lawrence, Town Manager; Thad Carroll, Growth Management Director; C.T. Eagle, Public Works Director; Lori Sadler, Library Director; Wendy Then, Senior Planner; Becky Higgins, Development Coordinator; Chief Robert Tempesta, Lieutenant Nelson Vargas, and Officer Jacob Clark, Lady Lake Police Department; and Nancy Wilson, Deputy Town Clerk

1. Minutes — September 20, 2021 — Commission Meeting

Mayor Kussard asked if the Commissioners had any questions regarding the consent items, and hearing none, asked for a motion.

Commissioner Rietz motioned to approve Consent Item E-1. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.

F. New Business

2. Consideration of Approval to Award RFP 2021-0003 for Enterprise Resource Planning (ERP) Software and Implementation Services to Tyler Technologies Contingent Upon Contract Negotiations and Due Diligence (John Pearl)

This item was removed from the agenda until further notice.

3. Consideration of Approval of the New Major Site Plan for the 7-Eleven Lady Lake Gas Station― MJSP 03/21-003 ― A Proposal to Redevelop the Site into a 4,650-Square-Foot Convenience Store Featuring a Gas Canopy with Six Fuel Dispensing Pumps and 24 Fueling Stations, 26 Parking Spaces, a 980-Square-Foot Drive-Through Car Wash Building, and a Dumpster Enclosure; Proposed at the Southeast Corner of North Highway 27/441 and Griffin Avenue, Located on a 1.29-Acre Parcel; Identified by Alternate Key 1237998 (Thad Carroll)

Growth Management Director Thad Carroll presented the background summary for this item.  On March 25, 2021, the applicant filed a new site plan application for property located at 401 S. US Highway 441.  The proposed development is a complete teardown and rebuild so all new regulations are applicable for the scope of redevelopment.

The applicant made a great effort to save a 40-inch Live Oak tree and has designed the location and planting of landscaping in accordance with the Town’s landscaping code.  Town staff is in favor of approval of the proposed landscaping waivers because the request is compatible with approved land uses in the area.

At the June 21, 2021, Special Town Commission Conceptual Workshop, the Town Commission reviewed the architectural elevations and landscaping waivers for the 7-Eleven Gas Station and approved the developer to move forward with the requested waivers as presented by a 5 to 0 consensus.

On September 21, 2021, a gas station concept proposal was presented to the Town Commission and consensus to proceed was voted on and approved by a 5 to 0 vote.

Mayor Kussard asked if there were any questions or comments from the Commissioners.

Commissioner Vincent stated that the new entrance to the car wash is much better.

Commissioner Holden motioned to approve the new Major Site Plan with the landscaping waivers for the 7-Eleven Lady Lake Gas Station― MJSP 03/21-003. Commissioner Vincent seconded the motion. The motion passed by a vote of 5 to 0.

4. Consideration to Allow the Developer for the Lady Lake Square Apartments New Major Site Plan to Utilize the Tree Sampling Method Provisions as per Chapter 10, Section 10-3).l).2).G). to Provide Tree Data In lieu of Performing a Full Tree Survey on a 44-Acre Parcel Located at the Southwest Corner of County Road 25 and Griffin Avenue; Identified by Alternate Key Numbers 3302494, 3306376, and 3305124 (Thad Carroll)

Growth Management Director Thad Carroll presented the background summary for this item. The applicant is drafting final details of his site plan submittal and has found that a full tree survey on the densely wooded 44 acres would be a daunting task. One solution is the performance of tree sampling which is one of the provisions of our Land Development Regulations and provides the ability to perform tree sampling on properties that are 50 acres or greater. Much of the 44 acres is upland forest, and the applicant proposes three 100 feet by 100 feet sampling squares located throughout the property that would yield tree survey information.

Mayor Kussard asked if there were any questions or comments from the Commissioners.

Marty Dellebovi – Lady Lake Square, LLC

Commissioner Hannan asked Mr. Dellebovi about the paper street to Old Vineland and how it would make sense to complete the road (about 300 feet) to Griffin Road. He believes the Town would work with Benchmark Properties to make this happen which would alleviate a lot of traffic.

Mr. Dellebovi stated that this matter has been discussed with staff, but in preliminary discussions with the County, they are not anxious to allow to complete that part of the road out to Griffin.

Commissioner Hannan stated that when Tire Kingdom was built, Mr. Dellebovi promised to take the sign down when the bridge came down. It has been 17 years and Mr. Dellebovi has already received quotes to have the sign changed to monument size.

Commissioner Holden motioned to approve allowing the developer for the Lady Lake Square Apartments new Major Site Plan to utilize the tree sampling method provisions as per Chapter 10, Section 10-3). l).2).G). Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.

G. Town Attorney's Report

5. Ordinance 2021-13 (First Reading)— Amending the Town’s Future Land Use Comprehensive Plan; Incorporating a Property Rights Element (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. A new law requiring that each local government must adopt a property rights element into its Comprehensive Plan became effective on July 1, 2021. The draft ordinance being considered was prepared by the “1000 Friends of Florida” organization and was modified to fit the Town’s needs. If the Town does not adopt a private property rights element, the Department of Economic Opportunity will not conduct reviews of subsequent Comprehensive Plan amendments which could result in not having the ability to amend the future land use classification of property that, in turn, could have a negative economic impact in Lady Lake.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

Ed Freeman of 127 Evergreen Lane asked Mr. Carroll to boil down the language of the Ordinance so the audience could understand what it means

Mr. Carroll obliged.

Upon a motion by Commissioner Rietz and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-13, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

6. Ordinance 2021-14 (First Reading) — Small Scale Comprehensive Plan Amendment – Green Leaf Development, LLC — Change the Future Land Use Designation from Lady Lake Other Institutional Facilities (OIF) to Lady Lake Commercial General – Retail Sales and Services (RET); for Property Owned by R.K. Dunn, LLC; being Approximately 16.32 Acres; Referenced by Alternate Key Numbers 2700297 and 2808683, within Lake County, FL (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 existing Future Land Use designation is Lady Lake Other Institutional Facilities, and the proposed Future Land Use designation is Lady Lake Commercial General – Retail Sales or Services. The applicant is requesting the Future Land Use amendment to construct an adult living facility, hotel, restaurant, medical offices, personal services, dry cleaning, et al, to satisfy commercial needs of residential growth. The conversion from PFD to PUD will minimize impacts to surrounding properties. The impacts on other Town services were also outlined.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. Hearing none, she asked for a motion.

Upon a motion by Commissioner Hannan and a second by Commissioner Vincent, the Commission approved the first reading of Ordinance 2021-14, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

7. Ordinance 2021-15 (First Reading) — Rezoning – Green Leaf Development, LLC — Change the Zoning Designation from Lady Lake Public Facilities District (PFD) to Lady Lake Commercial Planned Unit Development (PUD) for Property Owned by R.K. Dunn, LLC; being Approximately 16.32 Acres; Referenced by Alternate Key Numbers 2700297 and 2808683, within Lake County, FL (Thad Carroll) O

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 the applicant is present to answer questions.

Owner and developer R.K. Dunn is requesting the rezoning of his property consisting of two commercial vacant parcels along South Highway 27, 441. The rezoning request is for the 16.32 acres from Lady Lake Public Facilities District to Lady Lake Commercial Planned Unit Development. Landscape Buffer Class “A” has been proposed and the owner will be responsible for the cost and installation of any required on-site and off-site infrastructure improvements. The rezoning application has been reviewed and determined to meet the necessary criteria required for rezoning.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. Hearing none, she asked for a motion.

Upon a motion by Commissioner Rietz and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-15, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

8. Ordinance 2021-17 (First Reading) — Annexation — Gelcorp, Inc. — Voluntarily Annexing Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (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 the applicant is present to answer questions.

The property owners filed an application to annex four vacant parcels at 525 County Road 466, totaling 26.77 acres, from unincorporated Lake County into the Town of Lady Lake. This property is contiguous with Lady Lake’s existing boundary and would be served by the Town’s Water, Sewer and Reuse facilities.

The annexation application meets the requirements of the Land Development Regulations and the Comprehensive Plan.

Mayor Kussard wanted to enter into the record that she had asked Scott Miller if he would be willing to meet with the residents who would be impacted by development of this property.  He agreed to the meeting, and it was held on September 13, 2021.  Fifty-three people attended the meeting and Mr. Miller did a great job addressing concerns and answering questions. He also agreed to walk through the residents’ properties to see how development of his property would look from their perspective.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. Hearing none, she asked for a motion.

Upon a motion by Commissioner Rietz and a second by Commissioner Holden, the Commission Holden approved the first reading of Ordinance 2021-17, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

9. Ordinance 2021-18 (First Reading) — Small Scale Comprehensive Plan Amendment — Gelcorp, Inc. —Change the Future Land Use Designation from Lake County Urban Medium Density to Lady Lake Commercial General – Retail Sales and Services (RET) for Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (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 the applicant is present to answer questions.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

The current land use for the property is Lake County Medium Urban Density that provides a range of residential development at a maximum density of seven dwelling units per one buildable acre, in addition to other uses. The proposed land use is Lady Lake Commercial General – Retail Sales or Services. The applicant stated they are deliberately proposing a smaller, scaled-down project to be harmonious with the neighborhood; luxury garage condominiums with motor vehicle and boat storage are a better product for the area. An environmental ecological site assessment will be performed at the time of site plan review. The impact on Town services was also discussed.

Ray Bowen of 125 Chula Vista stated that in the actual text it says that the developer intends to maintain 300 feet of open space between the property tree line and the closest building. On the site plan, the open space between the houses on Chula Vista, San Felipe and Costa Mesa is 90 feet from the property line which includes 50 feet of conservation area and 40 feet of roadway. Mr. Bowen would like to know what the separations will be; he thought they were voting on 300 feet of separation.

Scott Miller replied that one of the challenges in the wording is that from then north and west property lines the distance is a minimum of 300 feet to the first building. Because of the shape of the property, they do not know exactly how long the distances will be from the property lines to the buildings, but there will be at least a 50-foot conservation easement. There will not be 300 feet between property lines and the buildings, but they are going to work toward the most distance they can get. They are not at the site plan process yet.

Mr. Bowen asked about the trees that were discussed at the public meeting that the Mayor organized. It was brought up at that meeting if the easement could be designated as an environmental easement to prevent tree removal.

Mr. Miller stated he thinks that could be done.

Mr. Bowen asked if that could be included in the site plan.

Growth Management Director Carroll stated those questions will be addressed during the site plan process; putting in that no trees could be removed might be dangerous.

Upon a motion by Commissioner Holden and a second by Commissioner Rietz, the Commission approved the first reading of Ordinance 2021-18, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

10. Ordinance 2021-19 (First Reading) — Rezoning— Gelcorp, Inc. — Change the Zoning Designation from Lake County Ranchette District (RA) to Lady Lake Planned Commercial (CP) for Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (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 the applicant is present to answer questions.

The subject property proposes luxury garage condominiums for motor vehicle and boat storage, a business park or office-warehouse with a maximum building height of 30 feet. The applicant proposes a 50-foot conservation easement along the western boundary, Landscaping Buffer Class “A” on the east and south boundaries and along the north boundaries there will be approximately 300 linear feet of open space including retention pond areas. The developer will work with staff to preserve as many trees as possible.

The rezoning application meets the requirements of the Land Development Regulations and the Comprehensive Plan.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

Jill Greenburg of 111 Costa Mesa Drive stated she appreciated the public meeting organized by the Mayor and dealing with Mr. Miller. She hopes that there will be a walk-through from the other side of the property. Also, she wants it on the record that that she would like to expand the conservation easement beyond the 50 feet. She also suggested that the pictures of 466 be retaken because there is a lot more traffic now because of the apartments and the traffic signal. She again thanked Mr. Miller and Mayor Kussard.

Upon a motion by Commissioner Rietz and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-19, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

11. Ordinance 2021-19 (First Reading) — Rezoning— Gelcorp, Inc. — Change the Zoning Designation from Lake County Ranchette District (RA) to Lady Lake Planned Commercial (CP) for Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (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 the applicant is present to answer questions.

The subject property proposes luxury garage condominiums for motor vehicle and boat storage, a business park or office-warehouse with a maximum building height of 30 feet. The applicant proposes a 50-foot conservation easement along the western boundary, Landscaping Buffer Class “A” on the east and south boundaries and along the north boundaries there will be approximately 300 linear feet of open space including retention pond areas. The developer will work with staff to preserve as many trees as possible.

The rezoning application meets the requirements of the Land Development Regulations and the Comprehensive Plan.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

Jill Greenburg of 111 Costa Mesa Drive stated she appreciated the public meeting organized by the Mayor and dealing with Mr. Miller. She hopes that there will be a walk-through from the other side of the property. Also, she wants it on the record that that she would like to expand the conservation easement beyond the 50 feet. She also suggested that the pictures of 466 be retaken because there is a lot more traffic now because of the apartments and the traffic signal. She again thanked Mr. Miller and Mayor Kussard.

Upon a motion by Commissioner Rietz and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-19, by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

12. Resolution 2021-107 (First and Final Reading – Continued from the September 8, 2021 Commission Meeting) — Lynk Investments, LLC — Variance Request for the Removal of 13 Historic Trees in Accordance with the Provisions of Chapter 10, Section 10-5. C). 3). A)., of the Town of Lady Lake Land Development Regulations, on Property Located at 41101 and 41109 County Road 25; Referenced by Alternate Key Numbers 1237718 and 1237734, within 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 the applicant is present to answer questions.

Mr. Carroll stated that at the September 8, 2021 Town Commission meeting, the Commission asked that the developer come back to them with a plan that would save more trees.  Since that time the developer has identified three additional trees to save thus there are now 13 viable, healthy historic oak trees that are required to be included in the Historic Tree Removal variance application. The property is heavily wooded and prohibiting the removal of additional historic trees would prevent owner from doing what he wants to do on the property.  Fewer trees with this proposal

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

Commissioner Hannan suggested that the Commission go through the numbered trees on the property to approve or deny removal; the Mayor did not want to go through that process.

Growth Management Director Carroll stated that the trees that are diseased or dying do not require a variance to be removed.

Commissioner Vincent wanted to add to the record that he received three letters from residents addressing the development of the property. He added that the pictures in the agenda packet do not give a clear indication of the conditions of the trees.

Mayor Kussard stated that after the Commission meeting on September 8, 2021, she was approached by those residents affected by the development. After meeting with Mr. Valentine, those residents stated they were in favor of the development. The mayor added that the developer is going to listen to and work with the residents throughout the process.

Dory Furch of 572 Dowling Circle stated the subject property faces her property. She stated as residents, they must recognize that the developer has been very amiable and has addressed our issues.  t could be a lot worse; there are developers who do not care. She added that there will be a lot of revenue generated from this development for Lady Lake. Ms. Furch agreed that it is always sad to lose trees.

Janay Newton of 537 Dowling stated that she is in favor of Mr. Valentine’s proposal going forward. She hates to see the trees come down, but development requires sacrifices. This project is good for Lady Lake.

Upon a motion by Commissioner Holden and a second by Commissioner Rietz, the Commission approved the first and final reading of Resolution 2021-107, by the following roll call vote:

Commissioner Vote
Hannan NO
Kussard YES
Holden YES
Vincent YES
Rietz YES

H. Town Manager's Report

Town Manager Bill Lawrence gave a shout out to Julia Harris who has brought back the Town newsletter and has been an integral part of the Health Program. She also publishes the newsletters for the employee safety program for workplace safety.

Mr. Lawrence announced the Halloween Party on October 23, 2021 and thanked his neighbors, Patty and Pastor Keith Johnson for staying through the meeting.

I. Mayor and Commissioner's Report

Mayor Kussard asked if any of the Commissioners had anything to report.

Commissioner Rietz announced that our Police Department received an evaluation from ALERT4Justice and they tied for first place.

J. Public Comment

Mayor Kussard asked if there were any comments from the audience. There were no comments.

K. Adjourn

There being no further business, the meeting was adjourned at 7:06 p.m.

Minutes transcribed by Nancy Wilson, Deputy Town Clerk