Planning and Zoning Meeting Minutes

Introduction of newly appointed member, Edward Regan.

Member Tim Saunders; Member Edward Regan; Chairman William Sigurdson

Members Absent: Members Debra Pressley and Nora Choquette

1. Approval of Minutes

Member Saunders made a motion to approve the August 9, 2021, Planning and Zoning Board meeting minutes as presented. Chairman Sigurdson seconded the motion; motion carried by a vote of 2 to 0. Member Regan abstained because he was not a member of the board on August 9, 2021.

2. Ordinance 2021-13 — Amending the Town’s Future Land Use Comprehensive Plan Incorporating a Property Rights Element (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office.) A new law requiring that each local government must adopt a property rights element into its Comprehensive Plan became effective on July 1, 2021. The draft ordinance being considered was prepared by the “1000 Friends of Florida” organization and was modified to fit the Town’s needs. If the Town does not adopt a private property rights element, the Department of Economic Opportunity will not conduct reviews of subsequent Comprehensive Plan amendments which could result in not having the ability to amend the future land use classification of property that, in turn, could have a negative economic impact in Lady Lake. The Technical Review Committee reviewed the ordinance and recommended that it be forwarded to the Planning & Zoning Board.

Chairman Sigurdson asked if other organizations were contacted for input on how the ordinance should be drafted.

Ms. Then explained that “1000 Friends of Florida” is an organization that helps municipalities draft ordinances for comprehensive plans, land development regulations, etc., and their model property rights element meets the applicable standards of the Community Planning Act. She further explained that Town staff extracted the most relevant information, thus tailoring the ordinance to the needs of Lady Lake.

Member Saunders made a motion to forward Ordinance 2021-13 to the Town Commission with the recommendation of approval, Member Regan seconded the motion; motion carried by a vote of 3 to 0.

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

3. 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, FL (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office). The existing Future Land Use designation is Lady Lake Other Institutional Facilities, and the proposed Future Land Use designation is Lady Lake Commercial General – Retail Sales or Services. The applicant is requesting the Future Land Use amendment to construct an adult living facility, hotel, restaurant, medical offices, personal services, dry cleaning, et al, to satisfy commercial needs of residential growth. The conversion from PFD to PUD will minimize impacts to surrounding properties. The impacts on other Town services were also mentioned. The Technical Review Committee found that Ordinance 2021-14 was ready for transmittal to the Planning and Zoning Board.

Member Regan asked if the build out would be limited to the stated gallons per day.

Ms. Then answered that the numbers provided are estimates adding that the applicant will come back before the Board during the site plan review process with more accurate figures.

Chairman Saunders asked if there will be a way to control access to and from the property.

Ms. Then responded that the applicant will be coordinating access to and from Highway 441 with the state.

Member Saunders made a motion to forward Ordinance 2021-14 to the Commission with a recommendation of approval, Member Regan seconded the vote; motion carried by a roll call vote of 3 to 0.

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

4. Ordinance 2021-15 — Rezoning – Green Leaf Development, LLC — Change the Zoning Designation from Lady Lake Public Facilities District (PFD) to Lady Lake Commercial Planned Unit Development (PUD) for Property Owned by R.K. Dunn, LLC; being Approximately 16.32 Acres; Referenced by Alternate Key Numbers 2700297 and 2808683, within Lake County, FL (Wendy Then) 

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office). Owner and developer R.K. Dunn is requesting the rezoning of his property consisting of two commercial vacant parcels along South Highway 27, 441. The rezoning request is for the 16.32 acres from Lady Lake Public Facilities District to Lady Lake Commercial Planned Unit Development. Landscape Buffer Class “A” has been proposed and the owner will be responsible for the cost and installation of any required on-site and off-site infrastructure improvements. The rezoning application has been reviewed and determined to meet the necessary criteria required for rezoning.

Chairman Sigurdson asked if retention area shown is for the whole piece of property.

Ms. Then answered that each side will have its own retention area.

Member Regan stated that a traffic signal would be important at the access point and that turning onto Highway 441 could be tricky. It would be almost impossible to turn left onto the highway.

Growth Management Director Carroll stated the plans now show turns to be right in, right out, but DOT will monitor the trip volume and once a threshold is hit. They will revisit the matter to reconfigure the alignment or determine if signals are needed; that threshold won’t be determined immediately, but DOT will coordinate any improvements.

Member Regan asked if fuel services could be added in the future to convenience stores.

Ms. Then replied that the applicant would have to come back in the future to change the language and rezoning would be required.

Member Saunders made a motion to forward Ordinance 2021-15 to the Town Commission with the recommendation of approval, Member Regan seconded the motion. The motion passed by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

5. Ordinance 2021-17 — Annexation — Gelcorp, Inc. — Voluntarily Annexing Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office). The property owners filed an application to annex four vacant parcels at 525 County Road 466, totaling 26.77 acres, from unincorporated Lake County into the Town of Lady Lake. This property is contiguous with Lady Lake’s existing boundary and would be served by the Town’s Water, Sewer and Reuse facilities.

The annexation application meets the requirements of the Land Development Regulations and the Comprehensive Plan.

Chairman Sigurdson stated that this property was discussed several meetings ago.

Mr. Carroll stated the applicant has split the property into two parcels since that time; garages on the north side and apartments on the south side.

Member Regan asked if the subject property abuts any residential property.

Ms. Then replied that it does on the north end.

Member Regan stated that access in and out of the property onto Highway 466 would be tricky.

Member Saunders made a motion to forward Ordinance 2021-17 to the Town Commission with the recommendation of approval, Member Regan seconded the motion. The motion passed 3-0 by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

6. Ordinance 2021-18 — Small Scale Comprehensive Plan Amendment — Gelcorp, Inc. —Change the Future Land Use Designation from Lake County Urban Medium Density to Lady Lake Commercial General – Retail Sales and Services (RET) for Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office). The current land use for the property is Lake County Medium Urban Density that provides a range of residential development at a maximum density of seven dwelling units per one buildable acre, in addition to other uses. The proposed land use is Lady Lake Commercial General – Retail Sales or Services. The applicant said they are deliberately proposing a smaller, scaled-down project to be harmonious with the neighborhood. An environmental ecological site assessment will be performed at the time of site plan review.  The impact on Town services was also discussed.

The Technical Review Committee found that Ordinance 2021-18 was ready for transmittal to the Planning and Zoning Board.

Chairman Sigurdson stated that there is just one more piece of property on the north side of Highway 466; most everything else has been annexed into Lady Lake.

In response to a question about traffic, Mr. Carroll said county will work with the applicant for all mitigations related to impacts to the corridor.

Member Regan asked if they could have a deceleration right turn lane off Highway 466.

Ms. Then stated that the County would look at the number of trips and the use to determine if a deceleration lane is needed.

Member Saunders made a motion to forward Ordinance 2021-18 to the Town Commission with the recommendation of approval, Member Regan seconded the motion. The motion passed 3 to 0 by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

7. Ordinance 2021-19 — Rezoning— Gelcorp, Inc. — Change the Zoning Designation from Lake County Ranchette District (RA) to Lady Lake Planned Commercial (CP) for Property Owned by A. Papish, Inc. and Connie Hecht; being Approximately 26.77 Acres; Referenced by Alternate Key Numbers 3337956, 1698626, 1279712, and 1279640, within Lake County, FL (Wendy Then)

Senior Planner Wendy Then presented the background summary for this agenda item (on file in the Clerk’s Office). The subject property proposes luxury garage condominiums for motor vehicle and boat storage, a business park or office-warehouse with a maximum building height of 30 feet. The applicant proposes a 50-foot conservation easement along the western boundary, Landscaping Buffer Class “A” on the east and south boundaries and along the north boundaries there will be approximately 300 linear feet of open space including retention pond areas. The developer will work with staff to preserve as many trees as possible.

The rezoning application meets the requirements of the Land Development Regulations and the Comprehensive Plan.

Member Regan asked for a description of a luxury garage condo.

The applicant, Scott Miller, explained that the spaces are very large and are designed for collectors of antique cars, art storage and display, expensive recreational vehicles, and other such uses; they are designed for an affluent audience. The exterior is what makes them considered luxury because the design is very appealing. Bathrooms and mezzanines are two options offered. No retail or businesses that generate traffic are allowed. Also, manufacturing is prohibited.

Chairman Sigurdson asked about the flex space.

Mr. Miller answered that the flex building is designed for people who are servicing the local market who want to stay locally.

Chairman Sigurdson asked if a lot of traffic is expected.

Mr. Miller estimated that there would be about 500 trips per day, which is low. He wanted the project to be low impact so he looked for businesses that would utilize this type of space that don’t generate a lot of traffic.

Member Regan commented that it’s a conceptual plan at this point and as the project progresses, plans can be worked on that will make everybody happy.

Chairman Sigurdson stated that there is a lot of space behind the residential area on the north side of the property.

Mr. Miller responded that the rear 10 acres will remain vacant so the residents should be pleased. He’s looking to minimize the removal of vegetation as much as possible.

Member Saunders asked about the east side of property where there looks to be about 100 feet of pavement.

Mr. Miller responded that that’s where the flex spaces are which are smaller but can accommodate deliveries.

Chairman Sigurdson asked about the easement on east side of the property.

Mr. Miller responded that it’s a conservation easement of about 50 feet. He said there are a lot of big oaks in that location, and he wants to leave as much intact as is practical.

Jill Greenberg, 111 Costa Mesa Drive – Ms. Greenberg attended the meeting held by Mayor Kussard and Mr. Miller earlier that day. She stated that Mr. Miller was very forthcoming with information, and she is confident that he will do what he says he’s going to do. She is looking forward to working with the applicant and will hold him to his commitment.

Ms. Then stated that if anything changes, it will have to come back before the board.

Mr. Carroll said he will remove any reference to 24-hour operations from the MOA; the hours will be between 6 a.m. and 9 p.m.

Member Saunders made a motion to forward Ordinance 2021-19 to the Town Commission with the recommendation of approval, Member Regan seconded the motion. The motion passed 3 to 0 by the following roll call vote:

Member	Vote
Saunders	Yes
Regan	Yes
Sigurdson	Yes

With nothing further to discuss, the meeting adjourned at 6:48 p.m.

Respectfully submitted,

___________________________

Nancy Wilson, Deputy Town Clerk

___________________________

William Sigurdson, Chairperson