Local Planning Agency Meeting Agenda Item

Agenda Item Title

Ordinance 2023-07 — First Reading - Small Scale Future Land Use Comprehensive Plan Amendment — Hien D. Nguyen — Changing the future land use designation from Lady Lake Mixed Residential – Low Density (MR-LD) to Town of Lady Lake Commercial General - Retail Sales and Service (RET); for property being approximately 0.78 acres; Referenced by Alternate Key Numbers 1698600, 1279593, and 1739845 within Lake County, Florida.

Agenda Item ID

2023087

Department

Growth Management

Staff recommends approval of Ordinance 2023-07.

FLU AMENDMENT PLANNING ANALYSIS

AGENT                                                 Michael Rankin with LPG Urban & Regional Planners on behalf of

PROPERTY OWNER(S)                Hien Nguyen

PARCEL NUMBERS                       17-18-24-0004-000-05300 (310 W Lemon Street)

17-18-24-0004-000-04400 (308 W Lemon Street)

17-18-24-0004-000-04300 (306 W Lemon Street)

On Wednesday, May 10, 2023, applications have been filed with the Town of Lady Lake by Michael Rankin with LPG Urban & Regional Planners, LLC, on behalf of property owner Hien Nguyen to amend the Future Land Use designation of 0.78 acres into the Town’s Comprehensive Plan Map. The request is to change the property from Lady Lake Mixed Residential Low Density (MR-LD) to Lady Lake Commercial General- Retail Sales and Services (RET). The subject parcels consist of three contiguous lots developed with manufactured homes located 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 1698600, 1279593, and 1739845.

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.

FUTURE LAND USE

EXISTING FLU. The existing Future Land Use designation is Lady Lake Mixed Residential Medium Density. The Mixed Residential Low Density Residential category shall be limited to manufactured homes and detached single family dwelling units. Densities cannot exceed 5 units/acre. Multi-family, commercial and industrial uses are prohibited, however, a mixed-use PUD shall be allowed as outlined in Policy FLU 1-10.2. Public facilities shall be allowed as outlined in Policy FLU 1-2.3 and OBJECTIVE FLU 1-8.

PROPOSED FLU. The proposed Future Land Use designation is Lady Lake Commercial General – Retail Sales and 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

At the May 15, 2023, Special Conceptual Workshop Meeting, the applicant stated that with the absence of food establishments nearby the residents of the adjacent neighborhood, as well as visitors of the Town’s recreation facilities and library, could take advantage of getting a quick bite to eat with a short walk. The proposed number of tenants would provide a variety of fares for patrons to choose from as well. The dining area would be outside, with the ordering to be done within each tenant space. The concept is remarkably similar to that of a food truck operation; however, the ordering counters are not mobile.

The applicant proposes a 3,000-square-foot Fast-Food Restaurant without Drive-through and providing outside seating.

BACKGROUND/EXISTING CONDITIONS

ADJACENT PROPERTY CHARACTERISTICS:

Direction           Future Land Use Designations of Adjacent Properties

North                   West Lemon Street ROW/Mixed Residential Low Density (MR-LD)

East                       Mixed Residential Low Density (MR-LD)

South                  Lady Lake Commercial General- Retails Sales and Services (RET) and Mixed Residential Low Density (MR-LD)

West                     Mixed Residential Low Density (MR-LD)

ENVIRONMENTAL

Examination of existing site conditions revealed that the subject parcels historically have remained the site of mobile home residential units. Historical aerials were researched back from 1957 to 1967 and it showed the project site as undeveloped maintain pastureland with remnants of an old citrus grove in the south portion. By 1984, the transition to a multi-parcel property is apparent with mobile residential units clearly visible throughout. There is no Special Flood Hazard Area found within these parcels as per FEMA FIRM Map 12069C0170E effective December 18, 2012. No wetlands were observed on site.

The site is within the Town of Lady Lake Utility Service Area and will be required to connect to potable water, sanitary sewer, and reuse facilities to support the needs of the overall project. In accordance with the Lady Lake Public Works Department, Connection to Town sewer will most likely require main line extension along CR 466, approximately +/-900 feet. Water and Reuse connections may require jack and bore under CR 466.

Adjacent Properties

There are residential structures built along the northern boundary and across West Lemon Street, as well as to the east of the property. To the south, the subject parcels front Highway 466 and a couple of parcels zoned Light Commercial. To the west, there is an occupied manufactured home site addressed as 312 East Lemon Street.

An Environmental Ecological Site Assessment was prepared on April 11, 2023, after a preliminary field and wildlife survey was conducted on March 28, 2023, for the occurrence of protected flora and fauna. The only threatened species that could potentially be found on within the site is the Gopher Tortoise. The surveys resulted in the location of no “potentially occupied” gopher tortoise burrows. The report recommended that a 100% survey be conducted prior to the initiation of any construction activities. In regard to the Florida Sand Skink, due to onsite conditions, the applicant should consult with the U.S. Fish Wildlife Service (USFWS) to determine if the subject parcels may be exempt from a coverboard survey.

According to the Soil Survey for Lake County, Florida, the site includes mostly Candler Sand, 0 to 5 percent slopes (#8), nearly level to gently sloping, excessively drained soils found on rolling uplands of central ridge.

IMPACT ON TOWN SERVICES

Potable Water: The projected demand on the Water System for this project is 750 gpd or 3 ERUs for the commercial project. 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.

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. Total impact to the wastewater system will be determined at time of site plan but is estimated not to exceed 3 ERUs or 750 gpd.

Schools: Lake County schools will not be impacted by this commercial project.

Transportation: The project is expected to generate 94 PM Peak Hour Trips (47 entering and 47 exiting). A total of 1,351 daily trips will be generated for the project as proposed. Assuming a 43 percent of passby trips, approximately 581 trips will be passby and 770 would be net trips. Of the PM Peak Hour trips, 40 trips would be passby and 54 would be the net number of PM Peak hour trips.

Parks And Recreation: The Parks and Recreation Level of Service is not expected to be affected by the approval of this commercial project.

Stormwater: Project will be required to adhere to St. Johns River Water Management District (SJRWMD) guidelines, drainage, and engineering best management practices.

Flood: The subject properties does not contain any Special Flood Hazard Areas nor wetlands as per FEMA Firm Map 12060C0170E effective 12/18/12.

Staff mailed notices to inform the surrounding nine property owners within 150 feet of the property proposed by the small-scale future land use map amendment request on Thursday, May 25, 2023. The property was posted Tuesday, May 29, 2023.

FISCAL IMPACT

Not applicable.

SOURCE OF FUNDING

Not applicable.

FUNDING ACCOUNT

Not applicable.

PAST ACTIONS

The Technical Review Committee found that Ordinance 2023-07 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 2023-07 to the Town Commission with the recommendation of denial.

PUBLIC HEARINGS

The Town Commission is scheduled to consider Ordinance 2023-07 for First Reading on Monday, July 3, 2023, at 6:00 p.m. The second and final reading of Ordinance 2023-07 before the Town Commission is scheduled for Monday, July 17, 2023, at 6 p.m.