Commission Meeting Agenda Item

Agenda Item

Ordinance 2021-14 — 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, Florida

Department

Growth Management

Staff recommends approval of Ordinance 2021-14.

Summary

On Wednesday, August 28, 2021, applications have been filed with the Town of Lady Lake by property owner/developer R.K. Dunn to amend the Future Land Use designation of 16.32 acres into the Town’s Comprehensive Plan Map. The request is to change the property from Lady Lake Other Institutional Facilities (OIF) to Lady Lake Commercial General - Retail Sales and Services (RET). The subject parcels consist of two vacant commercial lots, just south of the Oakwood Smokehouse restaurant along South Highway 27/441, across the street from the intersection with Hartsock Sawmill Road, identified by alternate key numbers 2700297 and 2808683.

The subject property is in Section 28, 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.

FUTURE LAND USE

Existing Future Land Use designation is Lady Lake Other Institutional Facilities (OIF). This land use category is intended to support institutional facilities not associated with the direct support of governmental affairs such as libraries and private and public schools, hospitals, and assisted living facilities. The floor area ratio (FAR) shall be limited to a maximum of 0.70 for the OIF category.

Proposed Future Land Use designation is Lady Lake Commercial General – Retail Sales or Services (RET). This land use category is limited to retail sales and services which is an establishment engaged in the selling of products and services to the public for personal or household consumption, including but not limited to beauty/barber shop, laundry and dry-cleaning store, newsstand/bookstore, clothing stores, drug stores, home electronic equipment, food/grocery stores, hotel/motel, religious uses, professional services and sporting goods. The intensity standard for this land use category is limited to a maximum of 80% impervious surface ratio per parcel (which includes building coverage) and a maximum building height of 35 feet unless fire protection is adequately provided. The floor area ratio (FAR) shall be limited to a maximum of 0.50 for the Commercial General category.

STATEMENT OF NEED

The applicant stated that they are requesting the Future Land Use Map amendment to be able to construct an adult living facility, hotel, restaurant, medical offices, bank, personal services, mini storage warehouses, convenience store without fuel operations, personal services, laundry and dry cleaning, retail sales and services, and business services on the subject parcel to diversity and satisfy other commercial needs in the area as the market requires to keep up with residential growth. The applicant stated that the conversion from PFD to PUD will minimize the impacts to all surrounding residential and commercial zoned properties and be much less impact than heavy commercial uses, which are typically the land uses allowed and expected along commercial corridors such as Hwy 27/441.

Properties adjacent to the subject parcels:

Direction Future Land Use Designation
North Lady Lake Commercial General - Retail Sales & Service (RE)
East ROW Hwy 27/441, Manufactured Home High Density (MH-HD), Lady Lake Commercial General – Retail Sales and Services (RE)
South Lady Lake Commercial General – Retail Sales and Services (RE)
West Lady Lake Professional Service (PS)

IMPACT ON TOWN SERVICES

Potable Water: The projected demand on the Water System is estimated at 22,750 gpd for the entire four phases. Total impact to the potable water system will be determined at time of site plan but is estimated not to exceed 91 ERUs or 22,750 gpd. Based upon the proposed uses, there is adequate capacity at the present time. Consumptive Use Permit No. 50049 issued by St. Johns to the Town provides allocation of 1.188 million gpd. Last year’s average consumption per day was 739,169 gallons per day. There is approximately 448,831 gallons of available capacity under current CUP.

Sewer: Based upon the proposed uses, there is adequate capacity at the present time. Town’s Central Sewer Wastewater Treatment Plant Facility System allocation is 1.0 million gpd. The average Town’s sewer system usage is 611,000 gpd and currently has a capacity of 389,000 gpd. The projected demand on the Wastewater System for this project is 22,750 gpd for the entire four phases. Total impact to the wastewater system will be determined at time of site plan but is estimated not to exceed 91 ERUs or 22,750 gpd.

Schools: N/A. This is a Commercial project and there is no impact to the school capacity.

Transportation: There will be an increase of 21 PM Peak Hour Trips for Warehousing, 27 PM Peak Hour Trips for the Assisted Living Facility, 38 PM Peak Hour Trips for the Hotel, and 125 PM Peak Hour Trips for the Medical-Dental Office Building. A total of 3171 daily trips will be generated for the four phases as proposed.

Parks And Recreation: The small-scale future land use amendment is not expected to impact the Parks and Recreation Level of Service. No recreation amenities are needed for Commercial projects.

Stormwater: Project will be required to adhere to St. Johns River Water Management District (SJRWMD) guidelines and any Special Flood Hazard areas.

Flood: The subject properties does not contain Special Flood Hazard Areas as per FEMA Firm Map 12060C0170E effective 12/18/12.

Staff mailed notices to inform the surrounding nine property owners within 150 feet on Monday, August 30, 2021. The property was also posted on Monday, August 30, 2021. To date, staff has received no inquiries about the application.

Fiscal Impact

Not applicable.

Source of Funding

Not applicable.

Funding Account

Not applicable.

Past Actions

The Technical Review Committee found that Ordinance 2021-14 was ready for transmittal to the Planning and Zoning Board.

At the meeting of September 13, 2021, the Planning and Zoning Board voted 3 to 0 to forward Ordinance 2021-14 to the Town Commission with the recommendation of approval.

Public Hearings

The Town Commission is scheduled to consider first reading of Ordinance 2021-14 on Monday, October 4, 2021 at 6 p.m. The second and final reading is scheduled for Monday, October 18, 2021 at 6 p.m.

TC/ns

Draft Ordinance 2021-14

AN ORDINANCE PERTAINING TO COMPREHENSIVE PLANNING IN THE TOWN OF LADY LAKE, FLORIDA; AMENDING THE TOWN OF LADY LAKE ORDINANCE NO. 81-8-(83), WHICH ESTABLISHED THE TOWN OF LADY LAKE COMPREHENSIVE PLAN; PROVIDING FOR A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:

Section 1. Legislative Findings, Purpose, and Intent.

  1. On February 2, 1981, the Town Commission of the Town of Lady Lake adopted a Comprehensive Plan pursuant to Florida Statute 163.3184, known as the “Local Government Comprehensive Planning Act” (“Act”), which sets forth the procedures and requirements for a local government in the State of Florida to adopt a Comprehensive Plan and amendments (to a Comprehensive Plan).
  2. The Town Commission adopted Lady Lake Comprehensive Plan by Ordinance No. 81-8(83), and amended said Ordinance by Ordinance No. 91-21, approved December 2, 1991, and Ordinance No. 94-16, approved on October 12, 1994.
  3. The Town’s Local Planning Agency reviewed a proposed amendment to the Future Land Use Map Series of the Town of Lady Lake Comprehensive Plan on October 4, 2021 and recommended to the Town Commission that said amendment be adopted by the Town Commission.
  4. The Town Commission has held public hearings on the proposed amendment to the Future Land Use Map Series of the Comprehensive Plan and received comments from the general public and the Local Planning Agency.
  5. The Town of Lady Lake has complied with the requirements of the Act for amending the Comprehensive Plan.

Section 2. Authority. This ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161 – 163.3243, Florida Statutes, as amended.

Section 3. Small Scale Amendment to the Future Land Use Element Map Series. The Comprehensive Plan is hereby further amended as per the Future Land Use Map Series with the small-scale amendment as indicated below:

Applicant/Owner: Green Leaf Development LLC on behalf of R K DUNN, LLC

General Location: South of the Oakwood Smokehouse Restaurant, along South Hwy 27/441, Across the Street from the Intersection with Hartsock Sawmill Road, in Lady Lake, Florida

Acres:  Approximately 16.32 Acres

Future Land Use Change from Other Institutional Facilities (OIF) to Commercial General – Retail Sales & Services (RET)

Graphic representation of this Small-Scale Future Land Use Element Map Amendment is shown in the attached “Exhibit A”.

Section 4. Severability.

The provisions of this Ordinance are declared to be separable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

Section 5. Effective Date.

This ordinance shall become effective as provided in Chapter 163, Florida Statutes.

PASSED AND ORDAINED this __ day of ___________, 2021 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.

PASSED AND ORDAINED this 18th day of October, 2021 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon Second and Final Reading.

Town of Lady Lake, Florida

______________________________
Ruth Kussard, Mayor

Attest:

______________________________
Nancy Slaton, Town Clerk

Approved as to form:

______________________________
Derek Schroth, Town Attorney

EXHIBIT “A” - Legal Description & Map

That part of the Southwest ¼ of the Northeast ¼ in Section 28, Township 18 South, Range 24 East, in the City of Lady Lake, Florida, lying Southwesterly of the Southwesterly right-of-way line of the abandoned S.C.L. Railroad and the 100-foot-wide right-of-way of the abandoned S.C.L. Railroad lying in the Southwest ¼ of the Northeast ¼ in Section 28, Township 18 South, Range 24 East, Lake County, Florida, described as follows:

Begin at the Southwest corner of said Southwest ¼ of the Northeast ¼; run thence Northerly along the West line of said Southwest ¼ of the Northeast ¼ a distance of 1,329.08 feet to the Northwest corner of said Southwest ¼ of the Northeast ¼; thence Easterly along the North line of said Southwest ¼ of the Northeast ¼ a distance of 404.48 feet to the Easterly right-of-way of said abandoned S.C.L. Railroad; thence Southeasterly along said right-of-way of the abandoned S.C.L. Railroad a distance of 1,447.28 feet to a point on the South line of the said Southwest ¼ of the Northeast ¼; thence Westerly along the South line of the Southwest ¼ of the Northeast ¼ a distance of 979.28 feet to the POINT OF BEGINNING, LESS the North 195.05 feet thereof.

LESS AND EXCEPT THE FOLLOWING: A parcel of land lying in the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida, being more particularly described as follows:

For a point of Beginning commence at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 28 and run North 00°35’03” East, along the West line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 25.00 feet; thence run South 89°24’25” East, parallel with and 25.00 feet North of, perpendicular measure, the South line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 400.78 feet; thence run North 00°35’35” East a distance of 30.00 feet; thence run South 89°24’25” East a distance of 30.00 feet; thence run South 00°35’35” West a distance of 30.00 feet; thence run South 89°24’25” East, along said parallel line, a distance of 537.65 feet to the Westerly right-of-way line of U.S. Highway 27; thence run South 22°51’52” East, along said Westerly right-of-way line, a distance of 27.25 feet to the aforesaid South line of the Southwest quarter of the Northeast quarter of said Section 28; thence run North 89°24’25” West, along said South line, a distance of 979.28 feet to the Point of Beginning.

AND LESS AND EXCEPT THE FOLLOWING: A parcel of land lying in the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida, being more particularly described as follows:

For a Point of Beginning commence at a 4 inch by 4 inch concrete monument with no identification number at the Southwest corner of the Southwest quarter of the Northeast quarter of Section 28, Township 18 South, Range 24 East, Lake County, Florida; thence run North 00°42’56” West, along the West line of said Southwest quarter of the Northeast quarter of Section 28, a distance of 1,327.56 feet to the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 28 and the South line of Skyline Hills Subdivision as recorded in Plat Book 16, Page 32 of the Public Records of Lake County, Florida, said line also being the North line of the Southwest quarter of the Northeast quarter of said Section 28; thence run North 89°24’56” East, along said North line, a distance of 25.00 feet, thence run South 00°42’56” East, along a line parallel with and 25.00 feet Easterly of, perpendicular measure, the West line of the Southwest quarter of the Northeast quarter of said Section 28, a distance of 1,327.51 feet to a point on the south line of the Southwest quarter of the Northeast quarter of said Section 28, thence run South 89°17’54” West, along said South line a distance of 25.00 feet to the Point of Beginning.

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