Special Commission Meeting Minutes

Draft Minutes of the April 17, 2023 Special Commission Meeting

The special meeting of the Lady Lake Town Commission was held in the Commission Chambers at Lady Lake Town Hall, 409 Fennell Blvd., Lady Lake, Florida with Mayor Rietz presiding. The meeting convened at 5:15 p.m.

Call to Order

Mayor Jim Rietz

Commissioner (Ward) Present
Hannan (Four) YES
Kussard (One) YES
Gourlie (Two) YES
Freeman (Three) YES
Rietz (Five) YES

STAFF PRESENT

William Lawrence, Town Manager; Thad Carroll, Growth Management Director; Rebecca Higgins, Development Coordinator; C.T. Eagle, Public Works Director; Nancy Wilson, Town Clerk

Town Attorney Derek Schroth was also present.

A. NEW BUSINESS

1. Conceptual presentation for the commercial portion of property of the Hammock Oaks development, being approximately 20.55 acres, located at the southeast corner of Highway 466 and Cherry Lake Road.

Growth Management Director Carroll stated that in 2022, the Town Commission adopted an ordinance establishing zoning entitlements for property that is approximately 421 acres as a Planned Unit Development. Quite a few uses are permitted including single family detached units, single family attached units, multi-family units, neighborhood recreation facilities and a number of commercial uses. Part of that property consisting of 20.55 acres and located at the southeast corner of Highway 466 and Cherry Lake Road is for the commercial portion of Hammock Oaks development which will be discussed at this meeting.

Some of the uses permitted for the commercial portion of the development include offices, personal services, day care centers, adult living facilities, retail sales, convenience stores without fuel operations, restaurants, banks, a hotel, et al. The multi-family and commercial components are not included in the CDD. It is anticipated that the commercial uses will be used by the internal community and those passing by on 466 and Cherry Lake Road. Currently, the proposed occupants include a grocery store, two restaurants, a bank, three retail establishments and a fuel station. As each outparcel develops, there may be a deviation from what is being proposed. This property will be developed on a site-by-site basis so any waivers or landscaping deviations will have to come back before the commission.

Dan Moyer, Casto Development

Mr. Moyer said the main anchor store will be a Walmart Neighborhood Market which is approximately a 60,000 square foot building. The fuel station is a Walmart branded station and it will have eight pumps covering an area of about 2,000 square feet along with a small convenience store. Along the front of the development there are a number of outparcels available. Once Walmart and the gas station are locked in, they will actively market the site. Going from west to east at the corner of Cherry Lake Road, there will most likely be a restaurant, then maybe a bank and a small retail business. To the east of the fuel station, there will be a larger inline area for retail which will include a mixture of uses. At the end of that inline area, there may be a smaller restaurant which may have a drive-thru component. To the south of that area, there may be another restaurant and another office or retail use. There are overhead power lines that need to be considered as they move forward. Also, only two trees will need to be removed. In conclusion, Mr. Moyer said that Walmart is designing a custom elevation for the site, and they have four weeks to present this to the town to ensure our standards are met.

Commissioner Kussard clarified that Walmart will be just a neighborhood market and not a full-sized Walmart. She also asked about entrances and exits. Mr. Moyer responded that the first access by the fuel station is right-in, right-out only so there would not be access from the north side of the road or a left exit. In the future, once the development is built-out, he believes thresholds will be met such that a traffic signal would be placed at that intersection.

John Curtis – Kolter Land

Mr. Curtis said a traffic analysis has been conducted by Lake County. It stated that a traffic signal is warranted for that location. They are working with the county and their traffic engineers to determine when that light will be triggered.

Commissioner Kussard asked about Chula Vista Avenue and how traffic from the new development will impact it. Mr. Curtis responded that Chula Vista should not be that heavily impacted and stacking will cease. Two left turn lanes and one right turn lane will be added to Cherry Lake Road; this was approved by Sumter County.

Commissioner Freeman said he liked what he saw. He also said that Mr. Beliveau was supposed to ask about getting the town a little piece of real estate on which to place a Welcome to Lady Lake sign. Mr. Curtis said that has not been incorporated into the plan, but it is a good idea; he will work with staff to come up with a plan.

The Town Commission consented 5-0 to approve the conceptual design for the commercial portion of property of the Hammock Oaks development.

2. Discussion of text amendment to Chapter 5, Section 4, a) of the Land Development Regulations to expand the allowable uses of the AG-1 "Agriculture Residential zoning district.

Growth Management Director Carroll had a meeting with Mr. David Carson whose property is currently zoned agriculture residential.  The AG-1 district is different because typically there are not agricultural uses within municipal boundaries. Mr. Carson’s property is off Edwards Road. In 2006, there was a large development planned for the area, but the market went soft and the subdivision never came to fruition. Since that time, those properties were purchased in five-to-seven-acre tracts. By all accounts, the area is agricultural.

Mr. Carson has land that he wants to take care of, and he has equipment that he wants to use to take care of the land, however, there is no place to securely store it. He would like to have a structure where his equipment can be kept. Mr. Carroll said there have been instances in the past where people have wanted to put up a pole barn but if they do not have an agricultural exemption and an agricultural use designation with the county, they are subject to the town’s permitting requirements. Our permitting requirements stipulate that they must be 35% or less of the primary structure. For example, if there is a home in a neighborhood zoned RS-6 or RS-3, with a house measuring 2,000 square feet, a secondary structure could measure 700 square feet. In Mr. Carson’s case, his property is subject to the same standards so even with his large property, he is restricted to having a small secondary structure. What is the point of having a lot of property if nothing is allowed on it?

Mr. Carroll was initially going to approach this with a variance but that requires a hardship, though a hardship has not been created in this case. He believed the best course of action was to modify the code which would be applicable to multiple property owners. This would allow a large pole barn, for instance, that could be larger than the home provided it meets setbacks. It would also allow a structure to be built without a primary structure.

Responding to Commissioner Kussard’s question regarding how many accessory buildings Mr. Carson is thinking of having, Mr. Carson said he has nothing particular in mind except a 10’x20’ shed on concrete where he could store his equipment for security. But he may want something more in the future.

Commissioner Gourlie thinks it is a good idea to change the code to allow secondary structures without a primary structure though it should also be a requirement to leave room for a primary structure in the future. Growth Management Director Carroll suggested wording requiring a minimum setback when only accessory structures are placed on the property to allow for a primary structure down the road.

Commissioner Freeman has no problem with the text amendment but does not think planning for potential uses of the property is necessary. That would be the concern of the person buying the property; he does not want the wording to be too restrictive.

Mayor Rietz said the size of the property should be considered ahead of the size of the house in determining accessory structures.

The Town Commission consented 5-0 to expand the allowable uses of AG-1 “Agricultural Residential” zoning district.

Public Comment

There were no public comments.

Adjourn

There being no further business, the meeting was adjourned at 5:42 p.m..

Nancy Wilson, Town Clerk

Jim Rietz, Mayor