Commission Meeting Agenda Item
Agenda Item
Ordinance 2020-04 — An Ordinance of The Town of Lady Lake Amending the Permitted Uses for Certain Property Owned by Elijah Bailey, Jr., Being Approximately 40.44 Acres and Zoned Planned Unit Development (PUD) and Heavy Commercial (HC), Referenced By Alternate Key Numbers 1282594, 1282608, and 3374916, Located North of Lake Ella Road and West of Highway 27/441 Within the Town Limits of Lady Lake in Lake County, Florida; Providing for Severability; Establishing an Effective Date.
Department
Growth Management
Staff Recommended Motion
1. Motion to forward Ordinance 2020-04 to the Town Commission with the recommendation of approval.
2. Motion to forward Ordinance 2020-04 the Town Commission with the recommendation of denial.
Staff recommends approval of Ordinance 2020-04.
Summary
On Monday, May 4, 2020, David Springstead filed an application on behalf of Elijah Bailey, property owner, to amend the zoning entitlements for approximately 40.44 acres of property located in the Town of Lady Lake, Florida. The property is currently zoned Planned Unit Development (PUD) and has entitlements for land uses as adopted by Ordinance 2015-11.
At this time, the applicant has requested to amend the uses granted under Ordinance 2015-11 providing a limited number of specific uses, and to reduce the footprint of development by 9.90 acres. Under the proposed Ordinance 2020-04, the following uses have been requested as outlined in the Memorandum of Agreement:
Permitted Uses: Those uses permitted by the Town’s Land Development Regulations consistent with a PUD, Commercial zoning and High-Density Residential zoning and as stated and depicted on the attached plan and as follows:
- Professional/Business Offices
- Medical Offices/Clinic
- Commercial/Retail Sales Business
- Hotels
- Restaurants (without drive-through window)
- Multi-family Apartments/Condominiums
- Health/Exercise Club/Spa
The maximum number of residential units consisting of multi-family apartments and condominiums within the development will not exceed 500 units.
The conceptual plan indicates that seven buildings will be constructed at a height of five floors for the condominiums and apartments, with building number one containing commercial uses on the first floor. Two buildings, each being 6,000 square feet, have been proposed as restaurants. A five-story hotel has also been proposed on the plan, as well as a one-story community pool and recreation center.
The subject properties lie in Section 28, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions and survey information have been included with the submitted application. The zoning designation of the subject properties and adjacent properties are as follows:
| Direction | Zoning Designation |
| North | Lady Lake Heavy Commercial |
| East | Lady Lake Heavy Commercial |
| South | Lady Lake Planned Unit Development |
| West | Lady Lake Single Family 6 Dwelling Units Per Acre |
The Rezoning application was received on Monday, May 4, 2020, and has been reviewed and determined to be complete, satisfying the necessary criteria as required to meet the requirements of the Land Development Regulations (LDRs) as well as the adopted Comprehensive Plan, and is ready for transmittal to the Town Commission.
Notices to inform the surrounding 19 property owners within 150 feet of the property proposed by the rezoning request were mailed Thursday, May 21, 2020. The properties were posted on Tuesday, May 26, 2020.
Fiscal Impact
Not applicable.
Funding Account
Not applicable.
Past Actions
At the January 22, 2020 Special Commission meeting, it was the consensus of the Town Commission (four members present) to move forward with the project as proposed.
The Technical Review Committee (TRC) members individually reviewed Ordinance 2020-04 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
Public Hearings
The Town Commission is scheduled to consider Ordinance 2020-04 for first reading on Monday, July 6, 2020 at 6 p.m., and for second and final reading on Monday, July 20, 2020 at 6 p.m.
TC/nvs
Draft Ordinance 2020-04
AN ORDINANCE OF THE TOWN OF LADY LAKE; AMENDING THE PERMITTED USES FOR CERTAIN PROPERTY BEING APPROXIMATELY 40.44 ACRES OWNED BY ELIJAH BAILEY, JR., ZONED PLANNED UNIT DEVELOPMENT (PUD) AND HEAVY COMMERCIAL (HC), REFERENCED BY ALTERNATE KEY NUMBERS 1282594, 1282608, AND 3374916, LOCATED NORTH OF LAKE ELLA ROAD AND WEST OF HIGHWAY 27/441 WITHIN THE TOWN LIMITS OF LADY LAKE IN LAKE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance 91-21) pursuant to the requirements of Chapter 163, Part H, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part 2, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Regulations of the Town of Lady Lake, Florida, and Official Zoning Map in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part 2, Florida Statutes; and
WHEREAS, on October 3, 2011, the Town Commission adopted Ordinance 2011-19 establishing the Heavy Commercial (HC) zoning designation on the subject property prohibiting the uses of “Apartments” and “Kennels: Boarding; and
WHEREAS, on October19, 2015, the Town Commission adopted Ordinance 2015-11 establishing the Planned Unit Development(PUD) zoning designation on the subject property; and
WHEREAS, the Town Commission of the Town of Lady Lake held a public hearing to consider a proposed amendment to the Official Zoning Map and determined that said amendment as proposed is consistent with the Town of Lady Lake Comprehensive Plan and meets the requirements of the Town of Lady Lake Land Development Regulations.
THEREFORE, BE IT ORDAINED, and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida:
Section 1: Petition
Based upon the petition of certain landowners of property, which is located in Lake County, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Planned Unit Development” (PUD) with amended uses. Said petition has been approved by the Town Commission of the Town of Lady Lake in accordance with the Town of Lady Lake Comprehensive Plan, the Land Development Regulations of the Town of Lady Lake, the Charter of the Town of Lady Lake, and the Florida Statutes. The property described in Exhibit “A” hereto is hereby zoned Planned Unit Development (PUD) with granted entitlements as specified under the attached Exhibit “B” (Memorandum of Agreement) and shall be developed in accordance with the conceptual plan as depicted by Exhibit “C”.
Section 2: 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 3: Effective Date
This ordinance shall become effective immediately upon its passage by the Town Commission, except as limited by the provisions of Section 171.06, Florida Statutes, as said provisions pertain to newly annexed property and the final adoption of a Comprehensive Plan Amendment by the Town Commission.
PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this 20th day of July, 2020.
Town of Lady Lake, Florida
______________________________
Jim Richards, Mayor
Attest:
______________________________
Kristen Kollgaard, Town Clerk
Approved as to form:
______________________________
Derek Schroth, Town Attorney
Exhibit A - Legal Description and Map
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, LYING WEST OF THE ACL RAILROAD, AND LESS: BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, RUN N.00°35'56"E., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 A DISTANCE OF 279.44 FEET, THENCE N.22°46'58"W. 308.37 FEET, RUN S.67°13'02"W., 400 FEET, THENCE S.17°30'30"E., TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THENCE EAST ALONG SAID SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE POINT OF BEGINNING, IN SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LYING NORTH OF CLAY ROAD, LESS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, RUN SOUTH ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE NORTHERLY RIGHT OF WAY LINE OF SAID CLAY ROAD, THENCE N.84°15'56"W. ALONG NORTHERLY RIGHT OF WAY, 100 FEET, THENCE N.17°30'30"W. TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, THENCE EAST ALONG SAID NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO THE POINT OF BEGINNING, IN SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, AND
THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 IN SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, RUN THENCE N.00°38'56"E. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, A DISTANCE OF 279.44 FEET; THENCE N.22°46'58"W. PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, A DISTANCE OF 308.37 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING, RUN THENCE N.67°13'02"E., A DISTANCE OF 99.48 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, THENCE N.22°46'58"W. ALONG THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, A DISTANCE OF 789.80 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, THENCE N.89°24'17"W. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, A DISTANCE OF 108.38 FEET, THENCE S.22°46'58"E. PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, A DISTANCE OF 832.80 FEET TO THE POINT OF BEGINNING.
AND;
THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 IN SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, RUN THENCE N.00°38'56"E. (N.00°07'37"E. FLORIDA GRID EAST ZONE) ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28, A DISTANCE OF 279.44 FEET; THENCE N.22° 46'58"W. (N.23°15'17"W. FLORIDA GRID EAST ZONE) PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, A DISTANCE OF 308.37 FEET; THENCE N.67°13'02"E. (N.66°44'43"E. FLORIDA GRID EAST ZONE), A DISTANCE OF 100.48 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 27-441, THENCE N.22°46'58"W. (N.23°16'06"W. FLORIDA GRID EAST ZONE) ALONG THE WESTERLY RIGHT OF WAY LINE OF
U.S. HIGHWAY NO. 27-441, A DISTANCE OF 112.86 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY RUN S.69°44'02"W. FLORIDA GRID EAST ZONE 488.35 FEET; THENCE N.17°58'49"W. FLORIDA GRID EAST ZONE 138.91 FEET; THENCE N.72°51'55"E. FLORIDA GRID EAST ZONE 477.61 FEET TO THE RIGHT OF WAY OF U.S. HIGHWAY NO. 27-441; THENCE S23°16'06"E. FLORIDA GRID EAST ZONE ALONG SAID RIGHT OF WAY 112.86 FEET TO THE POINT OF BEGINNING.
ALSO, LESS:
FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SOUTHEAST 1/4 RUN N.00°38' 56"E., 279.44 FEET, N.22°46'58"W. PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 27 A DISTANCE OF 308.37 FEET FOR POINT OF BEGINNING, RUN S.67°13'02"W. 400 FEET BEING POINT A, RETURN TO POINT OF BEGINNING, RUN N.67°13'02"E., 100.48 FEET TO WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 27 N., N.22°46'58"W. ALONG THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 27 A DISTANCE OF 112.86 FEET, S.69°44'02"W., 488.35 FEET, S.17°58'49"E. TO POINT A.
ALSO, LESS:
DESCRIPTION FOR SOUTH 9.9 ACRES:
A PORTION OF LAND IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 28, TOWNSHIP 18 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE N.00°18'43"W., ALONG THE WEST LINE OF THE SE 1/4 OF SAID SECTION, 559.46 FEET TO THE POINT OF BEGINING; THENCE CONTINUE N.00°18'43"W., ALONG SAID WEST LINE OF THE SE 1/4, 370.06 FEET; THENCE S.89°15'03"E., A DISTANCE OF 1106.54 FEET; THENCE S.18°29'58"E., A DISTANCE OF 390.77 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF LAKE ELLA ROAD; THENCE N.89°18' 03"W., ALONG SAID NORTH RIGHT OF WAY LINE, 1228.51 FEET TO THE POINT OF BEGINING.
Exhibit B - Memorandum of Agreement
This Memorandum of Agreement is dated the _____ day of _____________, 2020 between the Town of Lady Lake, Florida (hereinafter the “Town”) and Elijah Bailey, Jr. (hereinafter “Bailey”).
RECITALS
1. Bailey is the owner of certain real property in Lady Lake, Florida as described in the legal description and depicted in the proposed Master Plan attached hereto (hereinafter the “Property”). This property depicted and described in legal description and the proposed Master Plan is currently zoned Heavy Commercial pursuant to the zoning ordinances and Land Development Regulations of the Town.
2. The property described in the legal description and depicted in the attached map is hereinafter referred to as the “Property”.
3. The applicant wishes to rezone the real property as described in the legal description and depicted in the attached map to PUD, Commercial.
4. At this time, the parties wish to enter into a Memorandum of Agreement pursuant to the provisions of Chapter 5, Section 4(o) of the Town’s Land Development Regulations.
NOW, THEREFORE, in recognition of the foregoing, the parties agree to the following terms and conditions as part of the proposed PUD, Commercial zoning for the Property:
1) Permitted Uses: Those uses permitted by the Town’s Land Development Regulations consistent with a PUD, Commercial zoning and High Density Residential Zoning and as stated and depicted on the attached plan and as follows:
· Professional/Business Offices
· Medical Offices/Clinic
· Commercial/Retail Sales Business
· Hotels
· Restaurants (w/o drive through window)
· Multi-family Apartments/Condominiums
· Health/Exercise Club/Spa
The maximum number of residential units consisting of multi-family apartments and condominiums within the development will not exceed 500 units.
2) Uses Expressly Prohibited: All uses other than Permitted Uses described above.
3) Design, Development, and Setback Standards: The Property and portions of the Property may be developed and sold as single lots or as multiple lot parcels without the necessity of platting according to the following standards:
(a) No minimum lot size is required.
(b) No minimum lot width is required.
(c) Maximum building height shall be thirty-five (35) feet, unless adequate fire protection measures are provided. Uninhabitable architectural features are not limited by this height restriction and are not required to meet the fire protection measures.
(d) Parking requirements will be in accordance with Chapter 7 of the Town’s Land Development Regulations for the specified use at the time of site plan approval. If a reduction of the parking requirements (shared parking) is requested for the mixed use areas, the reduction process will be presented for approval during the Technical Review portion of the site plan approval.
(e) The maximum impervious surface ratio for the entire Property shall be limited to eighty (80) percent, including building coverage. Individual site plans with an impervious surface ratio exceeding eighty (80) percent shall be approved, so long as the impervious surface ratio for the entire Property does not exceed eighty (80) percent.
(f) Property Setbacks:
(i) All structures erected on the Property shall have zero (0) foot lot setback lines from lot lines located within the Property.
(ii) All structures erected on the Property shall have a ten (10) foot minimum setback from contiguous property not zoned residential.
(iii) All structures erected on the Property shall have a twenty (20) foot minimum setback from contiguous property zoned residential.
(iv) All structures erected on the Property shall have a minimum fifty (50) foot setback from the right of way for U.S. Highway 441/27. This setback does not apply to walls, signage and signage structures, so long as they are uninhabitable.
(v) All structures erected on the Property shall have a minimum thirty-five (35) foot setback from the right of way for Lake Ella Road. This setback does not apply to walls, signage and signage structures, so long as they are uninhabitable.
(vi) No greater setbacks or separations than those described above shall be imposed by the Town’s Code of Ordinances, Land Development Regulations, or zoning ordinances, except as required by the Town’s Life Safety Code.
(g) It shall be unlawful to operate a bar, lounge or night club within 200 feet of property owned or used by a church or school. Measurement shall be from the structure of the establishment to the nearest property line of the church or school.
(h) Buffers: Buffers separating the adjacent residential properties to the west and along Lake Ella Road shall be a minimum of a “Class A” Buffer.
4) Site plan approval for proposed structures on the Property shall be contingent upon compliance with Chapter 7 of the Town’s Land Development Regulations and will require the certification of a professional engineer that the proposed drainage system will handle the runoff as required by Chapter 13 of the Land Development Regulations.
5) All proposed structures will be permitted by the Town only when shown to be compliant to submitted site plans. Owners shall complete all required site improvements prior to the Town issuing a Certificate of Occupancy.
6) The final Site Development Plan pursuant to the Town’s Land Development Regulations [Chapter 5, Section(c)(5)(A)(1)] may be submitted in phases.
7) All structures must be permitted by the Town pursuant to site plans submitted and the owners shall install and complete all required site improvements prior to the Town issuing a Certificate of Occupancy for any permitted structure. Site plan approval shall be based upon adherence to Chapter 7 of the Town’s Land Development Regulations, provided certification of a professional engineer is given certifying that the drainage system will handle the runoff as required by Chapter 13 of the Land Development Regulations.
8) Any amendments to this Memorandum of Agreement are binding only upon execution by all parties affected.
PROPERTY OWNER
______________________________
Elijah Bailey
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this ____ day of __________, 2020 by _______________________________, as Owner/Authorized Signer of the Property, who is personally known to me or has produced _________________________ as identification.
My Commission Expires:
______________________________
Notary Public Signature
Exhibit C
Downloads
Planning and Zoning Meeting Agenda Item 2020060 (.pdf document)
Draft Ordinance 2020-04 (.pdf document)