Planning and Zoning Meeting Minutes

Minutes of the August 14, 2023
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.

Call to Order

Dorilyn Furch

Pledge of Allegiance

Roll Call

Member Present
Saunders Yes
Galloway Yes
Vincent late
Furch Yes

 

STAFF PRESENT: 

Thad Carroll, Growth Management Director; Wendy Then, Senior Planner; Becky Higgins, Development Coordinator; Nancy Wilson, Town Clerk.

Attorney Sasha Garcia was also present.

A. New Business

1. Appointment of new Chairman

Chairman Regan had to resign from the Planning & Zoning Board to qualify in the upcoming Ward 4 Special Election, leaving a vacancy on the Board.

Member Galloway made a motion to nominate Dorilyn Furch for the new Chairman of the Planning & Zoning Board; Member Saunders seconded. Motion carried 3-0.

2. Approval of Minutes

Planning & Zoning meeting minutes – July 10, 2023

Member Galloway made a motion to approve the July 10, 2023, Planning and Zoning Board meeting minutes as presented; Member Saunders seconded the motion. Motion carried 3-0.

Member Vincent arrived at 5:36 pm.

3. Ordinance 2023-12 – Rezoning - An Ordinance Redesignating the Zoning Classification for Certain Property Being Approximately 3.216 Acres, Owned by CGCR Holding, LLC; Referenced by Alternate Key Numbers 1121116, 1121124, and 1111277, Rezoning Subject Property From Lady Lake Light Commercial (LC) and Lady Lake Planned Commercial (CP), to Lady Lake Planned Commercial (CP); located west of Old Dixie Highway and on the north and south side of Griffin View Drive, within Lake County, Florida.

Senior Planner Then said that what is being presented is the conceptual plan for the rezoned Planned Commercial property. At present, there is a 12,000-square-foot metal frame warehouse building located on the parcel south of Griffin View Drive. The parcels that lie north of Griffin View Drive are vacant with an unimproved parking lot. The owner plans to remodel the existing warehouse and build a new 14,000-square-foot warehouse building in accordance with the conceptual plan. Whenever an applicant submits an application for Planned Commercial, they must provide a list of the permitted uses, guidelines and a conceptual plan. They can build whatever is a permitted use but since this is just a conceptual plan, nothing is set in stone. Permitted uses include: commercial and industrial equipment and supplies; equipment rental; RV and boat storage; motor vehicle towing and storage; motor vehicle service department to include auto collision repair; contractors’ office; and furniture or appliance store. All other uses are prohibited unless the applicant files for a rezoning of the property. The property is adjacent to an existing collision center that has been in operation for many years.

Existing zoning to the north is Multi-Family High Density Low Rise; to the east is ROW/Heavy Commercial /Planned Commercial; to the south is Planned Commercial; and to the west is Multi-Family High Density Low Rise.

The maximum impervious ratio is limited to 80%. The maximum floor area ratio is limited to .5 (ratio of a building’s total floor area to the piece of land upon which it is built) and the maximum building height is 45 feet. Setback from the roadway is a minimum of 25 feet; setback from the rear is a minimum of 15 feet and the side yard setback is 15 feet from another lot or 20 feet from a local road. These setbacks are a little bigger than what is required.

In terms of landscaping buffers, the builder is proposing a Class “A” (ten-foot minimum width with one canopy tree and three understory trees every 100 linear feet plus a continuous hedge). This buffer will be provided on the north, east and south property lines. A Class “B” landscaping buffer (twenty-foot minimum width with four canopy trees and three understory trees plus a continuous hedge, fence or wall) is proposed for the west side of the property and adjacent to the residential areas. The owner will maintain all landscaping and fences.

The project will 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 will also 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 proposed rezoning to Planned Commercial with specific uses is consistent with the Lady Lake Comprehensive Plan and Land Development Code. This change is also compatible with adjacent parcels zoned Light Commercial and Heavy Commercial to the east and Planned Commercial to the south. The owner proposes to provide enhanced landscaping to buffer the multi-family parcels located to the west.

The applicant has provided a trip generation comparative analysis which demonstrates that the proposed specific uses will generate less traffic than what would be allowed under a general commercial classification.

Member Saunders asked if there were any responses from the public hearing notices sent to those who live within 150 feet of the property. Ms. Then responded that there were no emails or phone calls and attributes that to the fact that adjacent properties are zoned commercial.

Member Saunders then asked about the alignment of the driveway as shown on the conceptual plan. Growth Management Director Carroll responded that concern about the placement of the driveway has been brought to the attention of the applicant and will be looked at in more detail at a later time.

Kevin White – 411 Bay Oak

Mr. White is curious about the retention pond next to the irrigation warehouse; he wants to ensure there is an adequate buffer between what is there now and what is going to be there. He does hear air compressors, etc. at night from the Collision Center. Also, the plan shows driveways that will not work. When going in/out of the current parking area on 27/441 it can be dangerous. Mr. White then asked about the contaminated dirt that was located on the current concrete parking lot. He also asked about drainage off the applicant’s property that is running into his development’s retention pond.

Mr. Carroll responded to Mr. White’s questions. He said that once the conceptual plan is fully engineered, the retention ponds will be designed. There cannot be any water coming off the site than what existed prior to development. There is a retention pond around the corner that is for Mr. White’s subdivision. On the applicant’s property, the intent is to keep as many trees as possible to provide a buffer and some screening. Mr. Carroll said that Mr. White is correct about the contaminated dirt, but they did receive a letter of clearance and construction on the site is now permitted.

The intent is to repurpose the warehouse since it is in good condition but nothing on the conceptual plan is definite.  What is proposed for the site are minimum traffic generators. Site plans go before the Town Commission, which are public hearings, so anybody who is interested should attend those meetings.

Member Saunders made a motion to forward Ordinance 2023-13, redesignating the zoning classification for property owned by CGCR Holding LLC, to the Town Commission with the recommendation of approval; Member Galloway seconded the motion.

Member Vote
Furch Yes
Saunders Yes
Galloway Yes
Vincent Yes

Motion carried 4-0

4. Resolution 2023-107 — Variance —Gettings RV Storage MJSP 12/22-001 - Historic Tree Removal – Pursuant to Chapter 10, Section 10-5). c).3).A., of the Land Development Regulations (LDRs) which requires a variance for the removal of historic trees. (Historic trees are classified as a tree with a diameter at breast height (DBH) of 36” or greater). The variance request is to allow for the removal of two viable historic trees located within the property of the proposed Gettings RV Storage development, referenced by Alternate Key Numbers 1121612, 1584876, 2700416, and 3793334, owned by Glendall W. and Calliope A. Gettings, within the town limits of the Town of Lady Lake, Florida.

Senior Planner Then stated that the Town of Lady Lake Land Development Regulations requires the submittal of a Historic Tree Removal variance application for any property owner who desires to remove healthy historic trees on commercial property.

The variance request is to allow the removal of two Live Oak historic trees located within the Gettings RV Storage development, owned by Glendall W. and Calliope A. Gettings. The applicant states that the removal of the historic trees is necessary because the trees interfere with major site improvements affecting the layout of Life Safety Emergency Response Access, vehicle routes, and the proposed location of the buildings. The lot is very irregular and designating a symmetrical site plan layout to work around the two trees would be virtually impossible for this particular site.

On January 19, 2023, Mary L. Edwards, a Registered Consulting Arborist with Mary L. Edwards Consulting Arborist Services, completed an arborist report on the subject property which evaluated all historic trees proposed to be removed. The 6.62-acre project contains a total of nine historic trees, of which seven trees are considered in poor condition and two are considered in moderate condition. The applicant is requesting the removal of the two moderate /viable historic trees.

The applicant proposes to retain one 42-inch Live Oak historic tree as well as another 69 protected trees, thus providing over 800 tree caliper inches to be preserved on-site.

The applicant stated that the 52-inch Live Oak tree is located at the southeasterly corner of the proposed Canopy “C” Structure while the 60-inch Live Oak tree would be touching the east elevation and drive aisle of the proposed Canopy “B” Structure. The other trees proposed to be removed on the site are not historic.

The applicant added that unfortunately, the trees are too large to relocate. A reasonable effort has been taken to preserve the trees due to the large building footprints; however, when considering risk and hazard, the trees cannot be preserved.

The historic trees significantly impact the right of the applicant to fully maximize the best use of the land possible pursuant to the Land Development Regulations. The applicant proposes to retain 33 percent of protected viable trees (69 Trees). The tree requirement for the project meets the land development code and still provides 33 percent of protected trees.

Developers of any non-residential or multi-family developments, requiring site plan approval are not required to submit an application for a clearing and tree permit but are required to submit a tree survey and landscape plans at the time of site plan submittal so that consideration may be given to the protection of native trees, historic trees, and vegetation.

Member Vincent said there are not many people in Lady Lake who have Recreational Vehicles so the facility would only be used by non-residents. He cannot see removing trees for such a use.

Ms. Then said a market analysis was conducted that indicated a need for such a facility.

Jason Hurley – Springstead Engineering

Mr. Hurley said the development is targeting upscale motorcoaches so it will not be your typical RV lot. Also, it is in a location that would attract Lady Lake customers. The project would not be proposed with this type of investment if the need was not found.

Member Saunders asked if any repair work would be allowed on the premises. Mr. Hurley answered that the facility could only be used for storage. Access is available 24/7 though an office will ultimately be built on the property that will only be open during regular business hours. The anticipated capacity is 104 spaces with 92 of those being covered.

Kevin White – 411 Bay Oak

Mr. White said that when this development was originally proposed he attended that meetings. Most of the concerns of those in his development have been addressed. The waste collection area was moved to the front of the property and the developers were responsive to their suggestions. He wants to protect trees but where the lot is located, what is being proposed is one of the  better fits for their neighborhood.

Member Saunders made a motion to forward Resolution 2023-07, a variance for historic tree removal, to the Town Commission with the recommendation of approval; Galloway seconded the motion.

Member Vote
Saunders Yes
Galloway Yes
Vincent No
Furch Yes

Motion carried 3-1

The Board members thanked Ed Regan for his excellent leadership while serving as Chairman.

PUBLIC COMMENT

No public comments

ADJOURN

The meeting adjourned at 6:08 p.m.

Respectfully submitted,

s/ Nancy Wilson, Town Clerk

s/ Dorilyn Furch, Chairman