Planning and Zoning Meeting Agenda Item

Agenda Item Title

Ordinance 2022-17 — Annexation — Nitai Capital Partners Edwards, LLC — An Ordinance Voluntarily Annexing One Vacant Parcel Being Approximately 31.10 Acres, owned by Nitai Capital Partners Edwards, LLC, property being ¾ of a mile east of the intersection of Edwards Road and South Highway 27/441, Referenced by Alternate Key Number 1280681, within Lake County Florida.

Agenda Item ID

2022191

Department

Growth Management

  1. Motion to forward Ordinance 2022-17 to the Town Commission with the recommendation of approval.
  2. Motion to forward Ordinance 2022-17 to the Town Commission with the recommendation of denial.

Staff recommends approval of Ordinance 2022-17

Summary

On Monday, October 3, 2022, applications have been filed with the Town of Lady Lake by Shridhar Rao on behalf of property owner Nitai Capital Partners Edwards, LLC, to annex property consisting of one vacant parcel located approximately three-quarters of a mile east of the intersection of Edwards Road and South Highway 27/441, along the north side of Edwards Road. The application involves annexing approximately 31.10 acres from unincorporated Lake County into the Town of Lady Lake. The parcel is vacant, and its existing condition is unimproved and heavily wooded.

The subject property is in Section 22, Township 18 South, Range 24 East, in Lake County, Florida. The appropriate legal description, a location map, and a sketch of the property was included with the submitted application. The parcel will be served by the Town’s Water, Sewer and Reuse facilities, which would require annexation at some point upon connection to Town’s utilities. The subject property is contiguous with the existing municipal boundary with parcels located across the street and south of Edwards Road.

The annexation application has been reviewed and determined to be complete. The application meets the requirements of the Land Development Regulations (LDRs) as well as the adopted Comprehensive Plan and is ready for a recommendation by the Planning and Zoning Board.

Staff mailed notices to inform the surrounding nine property owners within 150 feet of the property proposed by the annexation request were mailed on Thursday, October 27, 2022. The property was also posted Thursday, October 27, 2022.

Not applicable.

Not applicable.

Not applicable.

The Technical Review Committee found that Ordinance 2022-17 was ready for transmittal to the Planning and Zoning Board.

The first reading of Ordinance 2022-17 before the Town Commission is scheduled for Monday, December 5, 2022, at 6 p.m. The second and final reading is scheduled for Monday, December 19, 2022, at 6 p.m.

Draft Ordinance 2022-17

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA; VOLUNTARILY ANNEXING PROPERTY BEING APPROXIMATELY 31.10 ACRES OWNED BY NITAI CAPITAL PARTNERS EDWARDS, LLC; REFERENCED BY ALTERNATE KEY NUMBER 1280681; WITHIN LAKE COUNTY, FLORIDA; PROVIDING FOR REDEFINITION OF THE LAND BOUNDARIES OF THE TOWN OF LADY LAKE; PROVIDING FOR FILING OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW.

Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:

SECTION 1:

Pursuant to and under the authority of the provisions of Florida Statute 171.205 and the Interlocal Service Boundary Agreement executed September 4, 2013, between Lake County, Florida, and the Town of Lady Lake, Florida, the Town of Lady Lake does hereby annex property being approximately 31.10 acres in the unincorporated area of Lake County, Florida; existing as a contiguous parcel to the Town, more particularly described in Exhibit “A”.

SECTION 2

Upon final passage and adoption of this Ordinance, a copy hereof shall be filed with the Clerk of the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida, and a copy shall be filed with the Department of State of the State of Florida.

SECTION 3

Should any section, phrase, sentence, provision, or portion of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.

SECTION 4

That all property, real and personal, within said annexed property described herein, as provided by this Ordinance, and the inhabitants thereof, shall be subject to the government, jurisdiction, powers, franchises, duties, and privileges of the said Town of Lady Lake, Florida, and the said rezoned property shall be liable proportionately, for all of the present outstanding and existing, as well as future indebtedness to the Town of Lady Lake, Florida, and all laws heretofore passed by the Legislature of the State of Florida, relating to and which now and hereafter constitute its Charter, shall apply to and have the same force and effect on such annexed territory as if all such annexed territory had been a part of the Town of Lady Lake, Florida at the time of the passage and approval of said laws and ordinances.

SECTION 5

This Ordinance shall become effective upon its adoption.

SECTION 6

In accordance with the provisions of Section 171.062, Florida Statutes, the property annexed in this Ordinance is subject to the Land Use Plan of the Lake County Comprehensive Plan and County zoning regulations until the Town adopts a Comprehensive Plan Amendment to include this annexed parcel on the Future Land Use Map Series of the Town’s Comprehensive Plan.

PASSED AND ORDAINED by the Town Commission of the Town of Lady Lake, Florida, this __ day of December, 2022.

 

Town of Lady Lake, Florida

______________________________

Jim Rietz, Mayor

Attest:

______________________________

Nancy Wilson, Town Clerk

Approved as to form:

______________________________

Derek Schroth, Town Attorney