Commission Meeting Agenda Item
Ordinance 2021-10 — Rezoning — Linden Street Development, LLC — Redesignating Zoning Classification from Manufactured Homes High Density (MH-9) and Heavy Commercial (HC) to Planned Commercial (CP) for Property Owned by J.T. Beahan IV; Referenced by Alternate Key Number 1771421 and Being Approximately 27.82 Acres; within Lake County, Florida
Staff Recommended Motion
- Motion to forward Ordinance 2021-10 to the Town Commission with the recommendation of approval.
- Motion to forward Ordinance 2021-10 to the Town Commission with the recommendation of denial.
Staff recommends Motion Number 1.
On May 19, 2021, applicant Linden Street Development, LLC filed an application on behalf of J. T. Beahan IV to rezone property being approximately 27.82 acres in the Town of Lady Lake. The request is to change the property from Lady Lake Manufactured Home High Density (MH-9) and Lady Lake Heavy Commercial (HC) Lady Lake Planned Commercial (CP).
On November 16, 2020, Gelcorp Industries came before the Town Commission seeking approval to rezone property being approximately 27.82 acres and located approximately 1.5 miles south of Highway 466 and 850 linear feet north of Hartsock Sawmill Road; identified by Alternate Key 1771421.
The subject property proposes only the following uses: garage condominiums, motor vehicle and boat storage, and multi-family apartments.
The proposed Memorandum of Agreement Ordinance 2021-10 states that all uses, unless designated as 24-hour, shall be prohibited from operating between the hours of 12 a.m. and 5 a.m. Maximum building height for apartments is 45 feet and shall not exceed three stories. Setbacks will be established at 40 feet along Hwy 27/441, 20 feet along the east and north property boundaries, ten feet along the south of the apartment complex, and 20 feet along the south of the condo storage facility. The Project shall be served by the Town's central water and sewer systems, and the Property Owner shall be responsible for the cost of all off-site and on-site installation of water and sewer. The developer shall be responsible for the cost and installation of any required on-site and off-site infrastructure improvements necessitated by the impact of the project.
The subject properties lie in Section 28, Township 18 South, Range 24 East, in Lake County, Florida. Appropriate legal descriptions, a location map, and a sketch of the property have been included with the submitted application.
The rezoning application has been reviewed and determined to be complete, satisfying the necessary criteria as required for rezoning. The application was found 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
Zoning Designation of Adjacent Properties
|North||Lady Lake Heavy Commercial (HC), Lady Lake Multi-Family Low Rise (MF-LR), Lady Lake Mixed Residential Medium Density (MF-MD), and Lake County R-1|
|East||Lady Lake Commercial Tourist Services|
|South||Lady Lake Planned Commercial (CP) and Lake County R-1|
|West||Lady Lake Heavy Commercial (HC), Lady Lake Public Facilities District (PFD) and ROW|
Staff mailed notices to inform 17 surrounding property owners within 150 feet on Monday, May 28, 2021. The property was also posted on Monday, May 28, 2021. To date, staff has not received any letters or phone calls in support or in opposition to the application.
The Technical Review Committee found that Ordinance 2021-10 was ready for transmittal to the Planning and Zoning Board.
Source of Funding
The Town Commission is scheduled to consider Ordinance 2021-10 for first reading on Wednesday, July 7, 2021, at 6 p.m. The second and final reading is tentatively scheduled to be held on Monday, July 19, 2021, at 6 p.m.
Draft Ordinance 2021-10
AN ORDINANCE REDESIGNATING ZONING CLASSIFICATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 27.82 ACRES OWNED BY JT BEAHAN IV; REFERENCED BY ALTERNATE KEY NUMBER 1771421, WITHIN LAKE COUNTY, FLORIDA; REZONING SUBJECT PROPERTY FROM MANUFACTURED HOMES HIGH DENSITY (MH-9) AND HEAVY COMMERCIAL (HC) TO PLANNED COMMERCIAL (CP); PROVIDING FOR SEVERABIILTY; 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 (LDRs) 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, 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 Lady Lake, Florida, and described in Exhibit “A” hereto, a request has been made that the property be zoned “Lady Lake Planned Commercial” (CP), entitled to the uses set forth in the Memorandum of Agreement attached as Exhibit “B” to be developed in substantial accordance with the Conceptual Plan, attached hereto as Exhibit “C”. 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 rezoned from “Lady Lake County Manufactured Homes High Density” (MH-9) and “Lady Lake Heavy Commercial” (HC) to “Lady Lake Planned Commercial” (CP).
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 this ___ day of ___________, 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
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
EXHIBIT A — Legal Description and Map
Parcel ID#: 28-18-24-0001-000-00300; W 1/4 OF SE 1/4 OF NE 1/4, SW 1/4 OF NE 1/4, LYING NE OF NE'LY R/W OF SR 500, E 990 FT OF N 660 FT OF SE 1/4 OF NE 1/4--LESS FROM NE COR OF SW 1/4 OF NE 1/4 RUN N 89-46-08 W ALONG N LINE OF SW 1/4 OF NE 1/4 A DIST OF 741.54 FT TO A POINT ON E'LY R/W LINE OF SR 500, S 23-16-50 E ALONG SAID R/W LINE 1187.86 FT FOR POB, CONT S 23-16-50 E ALONG SAID E'LY R/W LINE A DIST OF 259.46 FT TO A POINT ON S BOUNDARY OF SW 1/4 OF NE 1/4, S 89-48-40 E ALONG SAID S LINE 497.31 FT TO E LINE OF W 1/4 OF SE 1/4 OF NE 1/4, N 0-08-30 E ALONG SAID E LINE 238 FT, N 89-48-40 W 600.45 FT TO POB & LESS FROM NE COR OF SW 1/4 OF NE 1/4 RUN N 89-46-08 W ALONG N BOUNDARY OF SW 1/4 OF NE 1/4 A DIST OF 741.54 FT TO A POINT ON SAID E'LY R/W LINE OF HWY 27 & 441, S 23-16-50 E ALONG SAID R/W LINE A DIST OF 637.86 FT FOR POB, RUN S 89-48-40 E 819.07 FT TO E BOUNDARY LINE OF W 1/4 OF SE 1/4 OF NE 1/4, S 0-08-30 W ALONG SAID E LINE OF W 1/4 OF SE 1/4 OF NE 1/4 A DIST OF 504.50 FT, N 89-48-40 W 600.45 FT TO A POINT ON SAID E'LY R/W LINE OF HWY 27 & 441, N 23-16-50 W ALONG SAID E'LY R/W LINE 550 FT TO POB-- ORB 1810 PG 1538 ORB 3237 PG 337 ORB 4350 PG 658
EXHIBIT B — Memorandum of Agreement
This MEMORANDUM OF AGREEMENT dated this _____ of _______, 2021, is between the Town of Lady Lake, Florida, a Florida municipal corporation (the “Town”), whose mailing address is 409 Fennell Boulevard, Lady Lake, FL 32159, and JT Beahan IV (“Property Owner”), whose mailing address is 34 Clayton Lane, Sandy Lake, Pennsylvania 16145.
Property Owner is the fee simple owner of certain real property in the Town of Lady Lake, Florida described in the legal description attached as Exhibit “A”.
Property Owner desires a land use plan amendment to allow for the Town of Lady Lake Land Use designation “Planned Commercial” (CP).
Property Owner desires to rezone the property from Lady Lake MH-9 and Lady Lake HC to Town of Lady Lake CP.
Property Owner desires to appoint Linden Street Development, LLC as the Agent in processing the concurrent Rezoning and Large-Scale Comprehensive Plan Amendment petition.
At this time, the parties wish to enter into a Memorandum of Agreement pursuant to the provisions of the Town Land Development Regulations.
NOW, THEREFORE, in recognition of the foregoing, the parties agree to the following terms and conditions as part of the Commercial Land Use category for that property depicted in the attached legal description Exhibit “A”.
- Permitted Uses: The subject property, containing approximately 27.82 acres (referred to herein as the “Project”) shall only be used for the following uses:
- Garage Condominiums
- Motor Vehicle and Boat Storage
- Uses Expressly Prohibited: Any and all uses other than those aforementioned as “Permitted Uses” shall be expressly prohibited. All uses, unless designated as 24-hour, shall be prohibited from operating between the hours of 12 a.m. and 5 a.m.
- Design, Development, and Setback Standards:
- The maximum impervious surface ratio (which includes building coverage) shall be limited to 80 percent.
- Maximum building height is 45 feet, apartments shall not exceed three stories.
- No minimum lot size is required.
- No minimum lot width is required.
- Setback requirements as required in the LDR’s shall be as follows:
- West: 40 feet (US Hwy27/441 frontage)
- East: 20 feet with Type B landscape buffer
- North: 20 feet with Type B landscape buffer
- South: 10 feet Type A buffer south of the apartment complex; 20 feet Type B buffer south of the condo storage facility
- Utilities: The Project shall be served by the Town's central water and sewer systems, and the Property Owner shall be responsible for the cost of all off-site and on-site installation of water and sewer Infrastructure serving the Project and costs associated thereto. As a condition of approval of any site plan/Condo Plat, Property Owner shall enter into an Agreement with the Town covering the terms and conditions of water and sewer service extension to the site in a form acceptable to the Town.
- Concurrency Management: The developer shall be responsible for the cost and installation of any required on-site and off-site infrastructure improvements necessitated by the impact of the project.
- Development Review and Approval: Prior to the issuance of any permits, the developer shall be required to submit site development plans for review and approval by the Town (i.e. construction plans and final plat), and said development plans must meet all codes and ordinances of the Town of Lady Lake.
- Parking Availability: Developer shall be required to demonstrate that parking is available for in accordance with the parking calculation matrix of the Land Development Regulations.
- Transportation: The developer shall comply with all Lady Lake access management requirements, as established in the Lady Lake Land Development Regulations.
- Additional Conditions: In addition to the specific conditions contained herein, the Property Owner shall comply with all local, state and Federal regulations pertaining to the proposed development of the Property.
- Enforcement: The Memorandum of Agreement shall be enforced through the Town of Lady Lake Town Commission; upon approval of this agreement, the aforementioned property shall only be used for the purposes described herein.
- Entire Agreement: This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matters addressed herein, and all prior negotiations, correspondence, conversations, agreements, understandings, representations and statements, oral or written, are incorporated and merged into this Agreement.
- Amendments to Agreement: No change in the use, further expansion of the uses, additions to the uses or additions to the facilities shall be permitted except as approved by formal amendment of this Memorandum of Agreement. Any other proposed use shall be specifically authorized by amendment and approval of the Town of Lady Lake Town Commission.
- General Provisions: No failure of either party to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom practice at variance with the terms hereof, shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. Wherever under the terms and provisions of this agreement, the time for performance shall fall upon a Saturday, Sunday or Federal banking holiday, such time for performance shall be extended to the next day that is not a Saturday, Sunday or federal banking holiday. The headings inserted at the beginning of each paragraph or subparagraph is for convenience only, and do not add to or subtract from the meaning of the contents of such paragraph or subparagraph. This Agreement shall be interpreted under the laws of the State of Florida. Venue for any action between the parties with respect to the matters addressed by this Agreement shall be Lake County, Florida.
- Severability: If any section, sentence, clause, phrase or word of this Agreement is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission's intent to enter into this Agreement without such unconstitutional, invalid or inoperative part therein; and the remainder of this Agreement, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this Agreement or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.
- Binding Effect: The terms and condition as set for this Memorandum of Agreement shall inure to the benefit of, and shall constitute a covenant running with the land and under the terms, conditions and provisions hereof, and shall be legally binding upon any heirs, assigns and successors in title or interest and shall be subject to each and every condition herein set out.
- Recording: This Memorandum shall be recorded in the public record of Lake County, Florida.
- Assignment: This Agreement may not be assigned without the express written consent of the Town of Lady Lake.
COMMENCEMENT. Notwithstanding the provisions herein, development shall commence within twelve months following the issuance of a Development Order from the Town of Lady Lake unless an extension has been granted by the Town Manager. The Town Manager may grant one or more extensions not to exceed two years.
TOWN OF LADY LAKE
Ruth Kussard, Mayor
Nancy Slaton, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
JT Beahan IV, Property Owner
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this ____ day of __________, 2021 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 — Conceptual Plan