Planning and Zoning Meeting Minutes
Minutes of the November 8, 2021
Planning and Zoning Meeting
The Planning and Zoning Board meeting was held in the Town Hall Commission Chambers at 409 Fennell Blvd., Lady Lake, Florida. The meeting convened at 5:30 p.m.
A. Call to Order
B. Pledge of Allegiance
C. Roll Call
Member Nora Choquette; Member Tim Saunders; Member Debra Pressley; Member Edward Regan; Chairman William Sigurdson
Thad Carroll, Growth Management Director; Wendy Then, Senior Planner; and Nancy Wilson, Deputy Town Clerk
Sasha Garcia, Attorney, Bowen Schroth
D. New Business
1. Approval of Minutes
Member Choquette made a motion to approve the October 11, 2021, Planning and Zoning Board meeting minutes as presented. Member Pressley seconded the motion; motion carried by a vote of 5 to 0.
2. Ordinance 2021-22 — Rezoning — for Property Being Approximately 6.62 Acres Owned by Randy Heimos Life Estate; Referenced by Alternate Key Numbers 1121612, 1584876, 2700416, and 3793334; within Lake County, Florida; Rezoning from Lady Lake Residential Professional (RP) To Lady Lake Planned Commercial (CP)
Senior Planner Wendy Then presented the background summary for this agenda item. She stated that the rezoning application encompasses four parcels totaling 6.62 acres and indicated that the proposed land uses include retail sales and services, medical offices, offices, warehouse, and storage facilities.
Ms. Then explained that the applicant provided a detailed conceptual plan showing the site developed as a storage facility consisting of approximately 39,024 square feet of enclosed storage building area, 34,422 square feet of covered storage area, a 600-square-foot manager’s residence and a 600-square-foot office. The site will also feature an RV pump station and 24-hour access is being proposed.
Building height, setbacks and landscaping requirements conform to Lady Lake’s Land Development Regulations. Refer to the Memorandum of Agreement for details.
Member Saunders asked if the pumping station is shown on the conceptual plan.
Ms. Then indicated where on the conceptual plan the RV pumping station is located and added that the current plan is in the early stages and asked the engineer to elaborate.
Jason Hurley, Project Engineer with Springstead Engineering, in referring to the location of the pumping station, stated that they are very flexible regarding location because it is not a top priority of the development.
Mr. Hurley stated that they tentatively proposed to place a holding tank for that dump station so that it would be collected by a truck and not transmitted to the Town sewer. Their goal is to alleviate concerns by the residents.
Member Choquette asked Ms. Then from whom the Town received an email response about the project.
Growth Management Director Carroll stated that there was an inquiry about the project, he responded to it and has heard nothing since.
Mr. Regan asked if the proposed chain link fence will obscure the view both in and out of the property and also asked about the color of the slats.
Mr. Hurley responded that the fence with slats was a minimum Town requirement. The developers are more interested in a vinyl, opaque, privacy style fence which will be an upgrade from the currently proposed fence.
Kevin White of 411 Bay Oak Lane stated his concerns are with the lighting and how it will affect the neighborhood. He is also concerned about a 24-hour, 7 day a week operation and how much noise that may generate. He asked what kind of buffer will be required around the development with the new zoning. Mr. White stated that he is not opposed to the development, but he has some concerns.
Mr. Carroll stated that he will meet with the applicant prior to presenting this to the Commission. The Memorandum of Agreement can be bolstered by putting in terms that restricts if vehicles can be worked on and that limits hours for the RV dump station servicing. Other terms of the plan will come about with the site plan.
Mr. White further stated that, presently, only two cars can get through the left turn signal. With the added traffic, this will cause an even bigger problem when making that left turn.
Mr. Carroll responded that the traffic issue does not pertain to the ordinance, but the Department of Transportation will be addressing such issues.
Ms. Then added that they will address many issues through the site plan process to prevent any adverse impacts to adjacent property owners.
Tracey Cisney of 440 South Old Dixie asked if the setbacks will be measured from the easement or the property line. She also asked about a retention area, citing that there is a pond on the property that has flooded during the last two winters. She asked how grading will be addressed and commented on ingress and egress to the property.
Mr. Carroll stated that Ms. Cisney’s concerns regarding stormwater will be addressed during site plan review. The engineer will submit drawings for approval to ensure all the stormwater is retained on site. If any protected species are on the property, they will be relocated after appropriate permits have been obtained from the Florida Wildlife Commission. Both issues will be mitigated prior to getting the development order.
Mr. Hurley stated that a traffic impact analysis and study will be performed to analyze all the affected intersections. The developer has issued a memorandum to Town staff pointing out the allowable development in the residential-professional zoning was 144,000 square feet. The requested zoning for planned commercial is the same so they are not increasing the developable space.
Member Choquette made a motion to forward Ordinance 2021-22 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion. The motion passed by the following roll call vote:
3. Ordinance 2021-23 — Annexation — of Property being Approximately 150.72 Acres Owned by Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 And East of Cherry Lake Road in Lake County, Florida
Senior Planner Wendy Then presented the background summary for this agenda item. Ms. Then stated that the applicant filed applications to annex property consisting of 150.72 acres located south of County Road 466 and east of Cherry Lake Road in Lake County. The owner desires approval for annexation with PUD zoning classification for residential use and proposes combining with the existing Hammock Oaks PUD. The property will be served by the Town of Lady Lake’s water and sewer systems and the Lake County Fire Department. The application meets the requirements of the Land Development Regulations and conforms to Lady Lake’s Comprehensive Plan.
Chairman Sigurdson asked how far the proposed entrance on CR 100 (Cherry Lake Road) is from Lake Ella Road. Mr. Carroll responded that the property is about midway between Lake Ella Road and CR 466.
Steve Estenson of 38042 Cherry Lake Road stated he has seen the conceptual plan and it looks like a lot of houses and a lot of extra traffic. He stated that Cherry Lake Road cannot take that traffic and even with the new access points there will still be too much traffic. He would like the issue to be addressed.
Chairman Sigurdson was looking at that issue also and concurred with Mr. Estenson.
Greg Beliveau of LPG Urban & Regional Planners, Inc. stated that what is being looked at is an amendment to a preexisting PUD. The preexisting PUD had accesses off Cherry Lake Road and this one has the same number of access points. This development added a controlled gate access point where there is a different clientele; 750 units for 55+ residents. The previous development consisted of market rate housing and the current development has a split market. Previously, there were 1,000 market rate units with uncontrolled access. The traffic analysis that was performed showed that at the evening peak hours there was no difference in impact between the two development scenarios. Mr. Beliveau went on to explain all the differences between the previous and current projects.
Mr. Carroll stated that staff realizes that trips are not on the road yet but when an analysis of the amendment is performed, traffic will be evaluated. The owner has entitlements. If someone came to develop under the current plan versus the proposed plan there would not be any difference in impact. At time of site plan review, the developer will have to mitigate the intersections if there are any deficiencies or perhaps dedicate a right-of-way if needed plus they will have to adhere to the level of service.
Member Pressley made a motion to forward Ordinance 2021-23 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion. The motion passed by the following roll call vote:
4. Ordinance 2021-24 — Large Scale Comprehensive Plan Amendment — Providing for a Change to the Future Land Use Designation of Property being Approximately 150.72 Acres Owned by Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Change from Urban Low Density (Lake County) to Mixed Development District/Traditional Neighborhood District (MDD-ND)
Senior Planner Wendy Then presented the background summary for this agenda item explaining that the applicant wants to amend the Future Land Use of the property from Lake County Urban Low Density to Lady Lake Mixed Development District/Traditional Neighborhood District. The applicant provided a Concurrency Determination Statement to explain expected impacts on Town services and a justification statement to explain why future land use should be amended.
Member Choqette asked if what they are planning is a 55+ community or a family community.
Mr. Beliveau responded that both types of communities are being proposed; the buyer found that adding acreage has allowed them to have a split property for different residences. The property will address a wide range of needs for all levels of buyers. The primary access will be on Rolling Acres Road.
Member Choquette stated that there are valid concerns, but the developer does have a point regarding preexisting entitlements. Ms. Choquette has been disappointed by the increased number of apartments, and she likes that this development will attract fewer transients. Even with the concerns about traffic she thinks this development is a good option.
Mr. Beliveau stated that he is not downplaying traffic issues, but they do come with the territory when development takes place.
Chairman Sigurdson asked Mr. Carroll if a left turn can be made from CR 466 to enter the property.
Ayman Said of SGT Engineering stated that right in, right out and left in turns can be made but a left out cannot be made. Vehicles can only make right turns when coming out of the site.
Member Regan stated that the proposal sounds great but given the number of homes going in, he is concerned about the added traffic adding that the accesses are all on two lane roads making the matter even worse.
Mr. Said stated that there is access on Rolling Acres Road so there are three accesses to the property.
Member Choquette stated that she is also concerned about the traffic. She added that a lot of traffic is from The Villages, and they are not paying Lady Lake taxes. At least this development will be paying taxes. Revenue must be weighed against the added traffic.
Steve Estenson stated that Mr. Beliveau has left out an important detail, another 150 acres are being added to the project so the volume of traffic will increase.
Member Choquette made a motion to forward Ordinance 2021-24 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion. The motion passed by the following roll call vote:
5. Ordinance 2021-25 — Rezoning — for Property being Approximately 421 Acres Owned by Triston Gustavo Meucci Life Estate, Louis Meucci Trustee, Mark and Susan Daigneau, Douglas A. Hill, Sr. Life Estate, and Levon and Sarah Mears; Referenced by Alternate Key Numbers 1279810, 3325451, 1279801, 1770700, 1279828, 1279780, 1279763, 1770670, 1770661, 1771498, and 1770653; Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Rezoning Subject Property from Lake County Agriculture and Planned Unit Development to Town of Lady Lake Planned Unit Development–Mixed Use (PUD)
Senior Planner Wendy Then presented the background summary for this agenda item. She stated that the applicant is requesting to amend the zoning designation of approximately 421 acres within the Lady Lake town limits from Lake County Urban Low Density and Lady Lake Mixed Development District-Traditional Neighborhood District to Lady Lake Mixed Development District-Traditional Neighborhood District. The project proposed consists of 120,000 square feet of commercial uses; 15,000 square feet of medical offices; 3,000 square feet of general office uses, 940 units of single-family residences; 330 units of multi-family apartments; 216 townhomes; 56.3 acres of parks and amenities and, 138.93 acres of open space. A conceptual plan was provided.
Mr. Beliveau outlined the changes made in their current proposal:
- Multi-family was reduced from 576 units to 330 units
- Unit count from market share was reduced from 935 to 736
- +55 housing was increased from 200 units to 750 units
- Commercial was increased from 114 to 138 which is a 24,000 square foot increase
Because of the increase in the +55 units, traffic impacts are reduced to a zero balance at evening peak. Density was not changed even with the increase in acreage. Lot sizes are balanced between two zones. They stayed true to previous instructions regarding larger lots abutting properties on the east side. The current plan includes RV storage and a large central park area with a lot of trees.
Chairman Sigurdson pointed out an enclave on the map to Mr. Carroll indicating that they are discouraged. Mr. Carroll concurred but added that enclaves are discouraged but not prohibited.
Mr. Carroll stated that the Town’s interlocal service boundary agreement does allow for the creation of enclaves if the Town agrees to service it; the two properties are on well and septic, and our Police Department has agreed to respond to calls from that enclave. The Villages has many enclaves that are in the county.
Dwight Dodge of 38048 Cherry Lake Road stated he is concerned about people coming out onto Cherry Lake Road which is not meant for a lot of traffic. He stated that with other development that has occurred in the area, the traffic is going to be much worse than how it is being presented.
Mr. Carroll stated that during the site plan process, we look at roads. The Town has a D level of service and if the development creates an F level of service, they must mitigate. The ordinance includes a Memorandum of Understanding, and the level of service will be addressed at site plan time.
Member Choquette made a motion to forward Ordinance 2021-25 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion. The motion passed by the following roll call vote:
6. Ordinance 2021-26 — Rezoning — for Nine Properties being Approximately 74 Acres Owned by Miguel Matos and Rosa Perez, James Hartson and Daphne Peters, Nicholas and Lark Capra, Waylon and Mandy Bibler, Joseph and Melissa Denham, Richard Rotondo, and The Di Scala Family Trust; Referenced by Alternate Key Numbers 2688360, 2688424, 2688483, 2688556, 1809347, 1282420, 3777509, 1282454 and 3793364; within Lady Lake, Florida; Rezoning Subject Properties from Lady Lake County Single-Family Medium Density (RS-6) to Lady Lake Agricultural Residential (AG-1)
Senior Planner Wendy Then presented the background summary for this agenda item. She explained that Ordinance 2019-19 prohibited agricultural uses in Single Family Medium Density RS-6 zoning districts. The seven properties making up the 74 acres are in the RS-6 district and are under separate ownership. There exists no water or sewer to the properties nor a paved road. The parties to the rezoning application would all like to rezone their properties to Agricultural Residential (AG-1).
Mr. Carroll stated that the likelihood of the seven properties ever aggregating is unlikely due to a number of circumstances.
Member Choquette made a motion to forward Ordinance 2021-26 to the Town Commission with the recommendation of approval; Member Pressley seconded the motion. The motion passed by the following roll call vote:
7. Ordinance 2021-27 – An Ordinance Adopting Corrections, Updates and Modifications to the Capital Improvements Schedule of the Town of Lady Lake Comprehensive Plan for Years 2022—2026
Senior Planner Wendy Then stated that the Town must update annually the Five-Year Schedule of Capital Improvements pursuant to Florida Statutes. The Capital Improvements Schedule is part of the Town’s Comprehensive Plan. The updating process can be accomplished by adoption of an ordinance rather than a Comprehensive Plan Amendment. The purpose for the Capital Improvements Element and the Improvement Schedules is to identify the capital improvements that are needed to implement the Comprehensive Plan and ensure that adopted Level of Service standards are achieved and maintained for concurrency related facilities. The facilities include the water supply, sewer, solid waste, drainage, parks and recreation, public schools, transportation, and mass transit. The Town does not necessarily have financial responsibility for all those public facilities but is responsible for incorporating the five-year capital improvement schedules from other entities.
Ms. Then stated that this is a housekeeping matter and then outlined the 5-year schedule of Capital Improvements.
Member Pressley made a motion to forward Ordinance 2021-27 to the Town Commission with the recommendation of approval; Member Saunders seconded the motion. The motion passed by the following roll call vote:
E. Chairperson and Members' Report
F. Public Comment
Chairperson Sigurdson asked if there were any comments from anyone in the audience. There were no comments.
With nothing further to discuss, the meeting adjourned at 6:54 p.m.
Nancy Wilson, Deputy Town Clerk
William Sigurdson, Chairperson