Planning and Zoning Meeting Agenda Item
Agenda Item Title
Ordinance 2022-19 — Rezoning — Nitai Capital Partners Edwards, LLC — Amending the zoning designation from Lake County Rural Residential (R-1) to Lady Lake Residential Planned Unit Development (PUD) for a Vacant Parcel Being Approximately 31.10 Acres, owned by Nitai Capital Partners Edwards, LLC, property being approximately 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
Staff Recommended Motion
- Motion to forward Ordinance 2022-19 to the Town Commission with the recommendation of approval.
- Motion to forward Ordinance 2022-19 to the Town Commission with the recommendation of denial.
Staff recommends approval of Ordinance 2022-19.
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 rezone 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. The application involves rezoning approximately 31.10 acres from Lake County rural Residential (R-1) to Lady Lake Residential Planned Unit Development (PUD).
The subject property proposes only the following uses:
- 122 Single Family Detached Dwelling Units
The proposed memorandum of agreement Ordinance 2022-19 provides for the following:
- Single Family Detached Units:
Front Yard Setback 25 feet minimum
Primary Rear Yard Setback: 20 feet minimum
Accessory Rear Yard Setback: 5 feet minimum (pool enclosures, screen rooms, sheds, and similar)
Side Street Setback: 10 feet minimum
Side Yard Setback: 5 feet minimum
Other development guidelines include:
- The minimum Open Space area for the entire development is 25 percent. The maximum impervious surface ratio for each lot is 55 percent for single family detached dwelling units. The minimum lot width is 50 feet.
- Minimum Lot Size Required
- Single Family Detached Dwelling Units: 6,250 square feet
In terms of landscaping buffers, the applicant proposes Landscaping Buffer Class “A” along Edwards Road and along the north, east and west boundaries.
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 developer shall comply with all Lady Lake access management requirements. Road connectivity along Edwards Road may require right-of-way dedication and road improvement(s) to required Code standards.
The application has been modified since the time of the original submittal in response to comments from the public and the Planning and Zoning Board Members regarding Ordinances 2022-17 (3-2 recommendation to approve) and 2022-18 (5-0 recommendation to deny) at the November 14, 2022 meeting. The following changes have been made:
- The applicant has reduced total number of lots from 144 lots down to 122 lots which is about 3.9 units per acre below the 4 units/acre threshold allowed under future land use (by Lake County)
- The applicant has included perimeter wall (stucco/concrete wall panel type) around the development with a minimum 20-feet wide buffer.
- The applicant has increased western setback of rear lot line to 50-feet from property boundary for added buffer from Ms. Barbara Eaton’s property
- The applicant has included a stormwater collector swale to capture storm run-off and route it to the ponds. This should greatly minimum if not previous storm run-off into Ms. Eaton’s property.
- The applicant has enhanced landscaping at amenities/walls, etc.
- The applicant has relocated Dog Park from Southeast to Northwest at the request of Ms. Pamela Fitchitt who lives immediately adjacent in the northwest. The preference is to have a dog park instead of lots abutting her property.
- The applicant has agreed to a six-foot-high wall over a two-foot embankment, if possible, to further screen their property from this development.
- The applicant has included different lot sizes from 70 by 105, 60 by 110, and 50 by 110.
- The applicant has included large lots along the western boundary where the Ms. Eaton and Ms. Fitchitt live to minimize impacts.
As a result of the changes, the proposed density of 3.9 units per acre is consistent with the current Future Land Use designation as designated by Lake County of Urban Low Density which permits up to four dwelling units per acre. In addition, the reduction in the number of proposed homes results in a projected decrease in traffic from 1,411 daily trips to 1,196 daily trips. The PM peak hour generation has reduced from 140 to 118 trips, and the AM peak hour generation has decreased from 131 to 111 trips.
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.
Zoning Designation of Adjacent Properties
|Lake County Agriculture and Lake County R-1
|Lake County R-1
|Lady Lake Agriculture (A)
|Lake County Agriculture (A)
The existing zoning designation is Lake County R-1 The proposed zoning designation is Lady Lake Residential Planned Unit Development (PUD).
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.
Staff mailed notices to inform the surrounding nine property owners within 150 feet of the property proposed by the rezoning request on Thursday, October 27, 2022. The property was posted also Thursday, October 27, 2022. The property was re-posted on Wednesday, November 23, 2022. The adjacent property owners were also re-notified by mail.
Source of Funding
The Technical Review Committee found that Ordinance 2022-19 was ready for transmittal to the Planning and Zoning Board.
At the November 14, 2022, meeting, the applicant requested the Planning and Zoning Board to table the application to bring back a revised concept plan for the development that could affect the proposed density and the number of units. The P&Z Board members allowed the item to be tabled upon the applicant’s request.
The first reading of Ordinance 2022-19 before the Town Commission is scheduled for Wednesday, January 4, 2023, at 6 p.m. The second and final reading is scheduled for Wednesday, January 18, 2023, at 6 p.m.
Draft Ordinance 2022-19
DRAFT ORDINANCE 2022-19
TOWN OF LADY LAKE, FLORIDA
AN ORDINANCE ESTABLISHING ZONING DESIGNATION FOR CERTAIN PROPERTY BEING APPROXIMATELY 31.10 ACRES OWNED BY NITAI CAPITAL PARTNERS EDWARDS, LLC; REFERENCED BY ALTERNATE KEY NUMBER 1280681, WITHIN THE TOWN OF LADY LAKE, FLORIDA; REZONING SUBJECT PROPERTY FROM LAKE COUNTY R-1 TO LADY LAKE “RESIDENTIAL PLANNED UNIT DEVELOPMENT” (PUD); PROVIDING FOR SEVERABILITY; 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 “Residential Planned Unit Development” (PUD), 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 zoned “Residential Planned Unit Development” (PUD).
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 by the Town Commission of the Town of Lady Lake, Florida, this ____ day of January, 2023.
TOWN OF LADY LAKE
Jim Rietz, Mayor
Nancy Wilson, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney