Local Planning Agency Meeting Agenda Item
Ordinance 2019-01 (Second and Final Reading) — Ricardo J. Palacios and Francis M. Burgado Santiago — Small Scale Future Land Use Map Amendment Request from Lady Lake Commercial General-Retail Sales and Services (RET) to Lady Lake Manufactured Home-High Density (MH-HD) for Approximately .46 Acres along Skyline Drive Owned by Ricardo J. Palacios and Francis M. Burgado Santiago, Referenced by alternate Key Number 3793915, Lots 23 and 24 of Block B of the Skyline Hills Subdivision, within the Town limits of Lady Lake, Florida
Staff Recommended Motion
Staff recommends approval of Ordinance 2019-01.
Agent: Ricardo J. Palacios
Property Owner: Ricardo J. Palacios and Francis M. Burgado Santiago
Parcel Number: 28-18-24-0500-00B-02300
On Thursday, February 21, 2019, an application was filed with the Town of Lady Lake by Ricardo J. Palacios to amend the future land use designation of a parcel located along Skyline Drive, encompassing lots 23 and 24 of Block B of the Skyline Hills Subdivision, just behind the existing Microtel Site and across from the Ehlers Office Complex.
The small-scale request is to amend the parcel from Lady Lake Commercial General-Retail Sales and Services (RET) to Lady Lake Manufactured Home-High Density (MH-HD).
EXISTING AND PROPOSED FLU FOR THE SITE
EXISTING FUTURE LAND USE DEFINITION:
Commercial General - Retail Sales and Services (RET) Future Land Use Category.
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 or barber shop, laundry and dry cleaning store, newsstand or bookstore, clothing stores, drug stores, home electronic equipment, food or grocery stores, hotel or motel, religious uses, professional services and supporting goods. The intensity standard for this land use category is limited to a maximum of 80 percent 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.
PROPOSED FUTURE LAND USE DEFINITION:
Manufactured Home-High Density (MH-HD).
Development within the Manufactured Home, High Density land use category shall be limited to manufactured homes. Densities cannot exceed nine units per acre. Single family, multi-family, commercial and industrial uses are prohibited. However, a mixed-use PUD shall be allowed as outline in Policy FLU 1-10.2. Public facilities shall be allowed as outlined in Policy FLU 1-2.3 and OBJECTIVE FLU 1-8.
The site consists of a .46-acre parcel that is entirely undeveloped. The property is vacant and exhibits existing mature trees toward the south half of the property. The primary reason for the application is to be able to re-establish the zoning classification back to MH-9 for the placement of a manufactured home consistent in zoning and future land use with adjacent parcels to the west.
The general vicinity currently exhibits residential lots to the west and commercial parcels to the north and east. The Manufactured Home High Density (MH-9) zoning designation will assure consistency and compatibility with on-site and adjacent land uses and the Town’s Land Development Regulations by addressing design and development.
ADJACENT PROPERTY CHARACTERISTICS
To the west: Developed residential property with manufactured homes and a Future Land Use of Lady Lake Manufactured Home High Density (MH-HD).
To the east: Developed commercial property with a Future Land Use of Lady Lake Commercial General Retail Sales and Services (RET).
To the north: Developed commercial parcels consisting of the Ehlers Office Complex across the street and the Microtel site; both of which have a Future land Use of Commercial General – Retail Sales and Services (RET).
To the south: Single family residence with a Future Land Use of Lady Lake Professional Services.
IMPACT ON TOWN SERVICES
In evaluating land use impacts, the maximum theoretical impact that could result through passage of the amendment is in direct relation with the installation of one single-family dwelling unit.
The .46-acre parcel is presently zoned Heavy Commercial (HC) in the Town, which permits development at maximum of 12 dwelling units per net buildable acre or commercial uses at an intensity of .50 FAR. The applicant is requesting to change the current Lady Lake Heavy Commercial to Lady Lake Manufactured Homes High Density.
The Town of Lady Lake has water physically available at the site to provide the property Potable Water services.
The Town of Lady Lake has Sewer physically available at the site; however, connection to Waste Water Sewer Facilities would require the installation of a pump station. In that the proposed consumption for one single-family residence is di minimus, Town staff would be in favor of waiver to connection to Waste Water Sewer Facilities. A septic tank system would be needed for waste disposal.
The Town of Lady Lake Waste Water Sewer Facilities does not currently service the property with Reuse/Reclaim Facilities. There is no additional need for such facilities at this time.
The local roadways that will be affected by this project is Skyline Drive, a Town-maintained road. However, it is expected that the proposed amendment result is a very low impact to the local road system as opposed to developing the land for commercial uses.
COMPARISON OF TRAFFIC GENERATION BASED ON LAND USE (ITE 10th Edition)
|Land Use||ITE Code||Peak Hour Average Trip Rate||Daily Average Rate of Trips||Critical Peak Hour||Percentage Entering||Percentage Exiting|
|Single Family (Detached Housing)||210||1.02 per Peak Hour||10||PM||63||37|
|General Retail||820||4.2 Trips per Peak Hour per 1,000 sq. ft.||38||PM||44||56|
Any new development project will be required to adhere to SJRWMD guidelines as applicable. As per FEMA FIRM MAP 12069C0170E effective December 18, 2012, the parcel is within the Flood Zone X- Outside the 500-yr Floodplain.
A Rezoning application has been submitted concurrently with this Small-Scale Future Land Use Amendment application.
Connection to Town Water, Sewer, and Reuse Facilities may be required in accordance with the connection Matrix as per LDRs Chapter 14.
A building permit will be required for the installation of a manufactured home on premises if the application is approved.
The small-scale future land use map amendment application was received on Thursday, February 21, 2019, and has been reviewed and determined to be complete, satisfying the necessary criteria as required for annexation under statutory requirements.
Notices to inform the 12 surrounding property owners within 150 feet of the property proposed by the small-scale request were mailed on Monday, February 25, 2019. The property was also posted on Monday, February 25, 2019.
The Technical Review Committee (TRC) members individually reviewed the application for Ordinance 2019-01 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
At the March 11, 2019 meeting, the Planning and Zoning Board voted 4-0 to forward Ordinance 2019-01 to the Town Commission with the recommendation of approval.
At the April 1, 2019 meeting, the Local Planning Agency voted 5-0 to approve Ordinance 2019-01.
At the April 1, 2019 meeting, the Town Commission voted 5-0 to approve Ordinance 2019-01 upon First Reading.
Draft Ordinance 2019-01
AN ORDINANCE PERTAINING TO COMPREHENSIVE PLANNING IN THE TOWN OF LADY LAKE, FLORIDA; AMENDING THE TOWN OF LADY LAKE ORDINANCE 81-1-(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 by the Town of Lady Lake, Town Commission:
SECTION 1: Legislative Finding, Purpose, and Intent.
A. On February 2, 1981, the Town Commission of the Town of Lady Lake adopted a Comprehensive Plan pursuant to Florida Statue 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).
B. The Town Commission adopted the Lady Lake Comprehensive Plan by Ordinance 81-1-(83), and amended said Ordinance by Ordinance 91-21, approved December 2, 1991, and Ordinance 94-16, approved on October 12, 1994.
C. 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 April 1, 2019 and recommended to the Town Commission that said amendment be adopted by the Town Commission.
D. 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.
E. 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, as amended, is hereby further amended by amending the Future Land Use Element Map Series with the small-scale amendment as indicated below:
Applicant or Owner: Ricardo J. Palacios and Francis M. Burgado Santiago
General Location: Skyline Drive, Lots 23 and 24, Block B, within the Skyline Hills Subdivision, within Lake County, Florida
Acres: Approximately .46 Acres
Future Land Use: Change from Town of Lady Lake Commercial General Retail Sales and Services (RET) to Town of Lady Lake Manufactured Home High Density (MH-HD)
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 15th day of April, 2019.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
Exhibit A - Legal Description and Map
Parcel ID#: 28-18-24-0500-00B-02300; LADY LAKE, SKYLINE HILLS LOTS 23, 24 BLK B PB 16 PG 32 ORB 5217 PG 1349.