Planning and Zoning (P&Z)

~ Groveland FLORIDA City wWt Naturnl Chamt- PLANNING & ZONING BOARD AGENDA Board Members: Chairman Dominic Cicio, Vice-Chairman Richard Skyzinski, Keith Keogh, Robert Proper, Felicia Stewart, Douglas Faivre, Donald Tillman, Bill Mathias (non-voting) Other Attendees: Community Development Director Tim Maslow, City Attorney Anita Geraci- Carver, Planner DeWayne Jones, Senior Planner Andrew Landis, Recording Secretary Maria Ramirez Agenda for December 3, 2020 at 3 PM Location: E.L. Puryear Building, 243 S. Lake Avenue 1. Call to Order Roll call and determination of quorum, Pledge of Allegiance, Pledge of Conduct 2. Consent Agenda a. Approval of minutes from the November 5, 2020 meeting 3. New Business a. Recommendation on Resolution 2020-68: American Way Variance b. Recommendation on Ordinance 2020-29: Trilogy PUD Amendment 4. Old Business No Old Business 5. Closing Comments Public, Board Members, Staff Adjourn to next month’s Planning and Zoning Board meeting on Thursday, January 7, 2021 at 3:00 p.m.  CONSENT AGENDA November 5, 2020 PLANNING & ZONING BOARD MEETING MINUTES  City of Groveland Minutes Planning and Zoning Board Meeting Thursday, November 5 2020 The Groveland Planning and Zoning Board held a regular meeting on Thursday, November 5, 2020. Vice Chair Richard Skyzinski called the meeting to order at 2:00 p.m. The following Board Members were present: Robert Proper; Keith Keogh and Felicia Stewart. City Officials present were Anita Geraci-Carver, City Attorney; Tim Maslow, Staff Designee; Andrew Landis, Senior Planner; DeWayne Jones, Planner I; and Maria Ramirez, Recording Secretary. Absent: Board Members Doug Faivre, Dominic Cicio, Donald Tillman and Bill Mathias. PRESENTATIONS City Attorney Anita Geraci-Carver read the Planning and Zoning Board Guidelines. CONSENT AGENDA Recording Secretary Ramirez read the headnote into the record as follows: 1. Approval of minutes: September 17, 2020 Planning & Zoning Board Meeting. Public Comments: There were no public comments. Motion: Board Member Proper moved to approve the Consent Agenda; seconded by Board Member Stewart. Motion passed with all members present voting aye. PRESENTATION: There were no presentations. OLD BUSINESS No old business. NEW BUSINESS: a. Recommendation on Ordinance 2020-36: J&R Ranch Annexation Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-36 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES (2019); ANNEXING 107.50 +/- ACRES OF REAL PROPERTY NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE CITY OF GROVELAND; PROVIDING FOR FINDINGS; PROVIDING A LEGAL DESCRIPTION AND A MAP; DIRECTING THE CITY MANAGER TO RECORD CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL WITH THE CLERK OF THE CIRCUIT COURT, THE COUNTY MANAGER OF LAKE COUNTY, AND THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; SETTING AN EFFECTIVE DATE. Staff recommends approval of Ordinance 2020-36. No comments from applicant. Public Comments: No Public Comments Motion: Board Member Keogh moved to approve Ordinance 2020-30; seconded by Board Member Proper. Motion passed with all members present voting aye. b. Recommendation on Ordinance 2020-37: Avalon Annexation Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-37 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES (2019); ANNEXING 12.49 +/- ACRES OF REAL PROPERTY NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE CITY OF GROVELAND; PROVIDING FOR FINDINGS; PROVIDING A LEGAL DESCRIPTION AND A MAP; DIRECTING THE CITY MANAGER TO RECORD CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL WITH THE CLERK OF THE CIRCUIT COURT, THE COUNTY MANAGER OF LAKE COUNTY, AND THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; SETTING AN EFFECTIVE DATE. Staff recommends amendment of Ordinance 2020-37. Public Comments: No Public Comments Motion: Board Member Proper moved to amend Ordinance 2020-37; seconded by Board Member Stewart. Motion passed with all members present voting aye. c. Recommendation on Ordinance 2020-38: Avalon C.P.A. Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF GROVELAND’S COMPREHENSIVE PLAN PURSUANT TO 163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND USE PLAN DESIGNATION FROM LAKE COUNTY URBAN TO CITY OF GROVELAND TOWN ON THE FUTURE LAND USE MAP FOR THE HEREIN DESCRIBED PROPERTIES CONSISTING OF 12.49+/- ACRES; AUTHORIZING THE CITY MANAGER TO AMEND SAID COMPREHENSIVE PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE FORWARDING OF THIS ORDINANCE TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. Public Comments: No Public Comments Motion: Board Member Keogh moved to approve Ordinance 2020-38; seconded by Board Member Proper. Motion passed with all members present voting aye. d. Recommendation on Ordinance 2020-39: Avalon Rezoning Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, TO CHANGE THE ZONING FROM LAKE COUNTY AGRICULTURE AND C-1 TO CITY OF GROVELAND TOWN CORE FOR THE HEREIN DESCRIBED PROPERTY OWNED BY NAP LAKE 27, LLC AND LOCATED NORTH OF U.S. HIGHWAY 27, EAST OF STATE ROAD 19 AND WEST OF O’BRIEN ROAD; DIRECTING THE CITY MANAGER TO AMEND THE ZONING MAP AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER’S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. Public Comments: No Public Comments Motion: Board Member Stewart moved to approve Ordinance 2020-39; seconded by Board Member Proper. Motion passed with all members present voting aye. e. Recommendation on Ordinance 2020-40: Little Everglades Farm Annexation Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-40 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES (2019); ANNEXING 80.22 +/- ACRES OF REAL PROPERTY NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE CITY OF GROVELAND; PROVIDING FOR FINDINGS; PROVIDING A LEGAL DESCRIPTION AND A MAP; DIRECTING THE CITY MANAGER TO RECORD CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL WITH THE CLERK OF THE CIRCUIT COURT, THE COUNTY MANAGER OF LAKE COUNTY, AND THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; SETTING AN EFFECTIVE DATE. Public Comments: No Public Comments Motion: Board Member Keogh moved to approve Ordinance 2020-40; seconded by Board Member Proper. Motion passed with all members present voting aye. f. Recommendation on Ordinance 2020-41: Little Everglades Farm C.P.A Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF GROVELAND’S COMPREHENSIVE PLAN PURSUANT TO 163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND USE PLAN DESIGNATION FROM LAKE COUNTY REGIONAL OFFICE TO CITY OF GROVELAND VILLAGE ON THE FUTURE LAND USE MAP FOR THE HEREIN DESCRIBED PROPERTIES CONSISTING OF 74+/- ACRES; AUTHORIZING THE CITY MANAGER TO AMEND SAID COMPREHENSIVE PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE FORWARDING OF THIS ORDINANCE TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. Public Comments: No Public Comments Motion: Board Member Proper moved to approve Ordinance 2020-41; seconded by Board Member Stewart. Motion passed with all members present voting aye. g. Recommendation on Ordinance 2020-42: Little Everglades Farm Rezoning Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, TO CHANGE THE ZONING FROM LAKE COUNTY AGRICULTURE TO CITY OF GROVELAND VILLAGE EDGE FOR THE HEREIN DESCRIBED PROPERTY OWNED BY LITTLE EVERGLADES FARM, LLC AND LOCATED NORTH OF THE FLORIDA TURNPIKE, WEST OF STATE ROAD 19 AND WEST OF O’BRIEN ROAD; DIRECTING THE CITY MANAGER TO AMEND THE ZONING MAP AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER’S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE Public Comments: No Public Comments Motion: Board Member Stewart moved to approve Ordinance 2020-41; seconded by Board Member Proper. Motion passed with all members present voting aye. h. Recommendation on Ordinance 2020-43: Lake Catherine Blueberry Farm Annexation Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-43 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES (2019); ANNEXING 22.56 +/- ACRES OF REAL PROPERTY NOT EMBRACED WITHIN THE PRESENT LIMITS OF THE CITY OF GROVELAND; PROVIDING FOR FINDINGS; PROVIDING A LEGAL DESCRIPTION AND A MAP; DIRECTING THE CITY MANAGER TO RECORD CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL WITH THE CLERK OF THE CIRCUIT COURT, THE COUNTY MANAGER OF LAKE COUNTY, AND THE SECRETARY OF THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; SETTING AN EFFECTIVE DATE. Public Comments: No Public Comments Motion: Board Member Keogh moved to approve Ordinance 2020-43; seconded by Board Member Stewart. Motion passed with all members present voting aye. i. Recommendation on Ordinance 2020-44: Lake Catherine Blueberry Farm C.P.A Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF GROVELAND’S COMPREHENSIVE PLAN PURSUANT TO 163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND USE PLAN DESIGNATION FROM LAKE COUNTY AND CITY OF GROVELAND AGRICULTURE TO CITY OF GROVELAND VILLAGE ON THE FUTURE LAND USE MAP FOR THE HEREIN DESCRIBED PROPERTIES CONSISTING OF 66.68 +/- ACRES; AUTHORIZING THE CITY MANAGER TO AMEND SAID COMPREHENSIVE PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE FORWARDING OF THIS ORDINANCE TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. Public Comments: No Public Comments Motion: Board Member Keogh moved to approve Ordinance 2020-44; seconded by Board Member Stewart. Motion passed with all members present voting aye. j. Recommendation on Ordinance 2020-45: Lake Catherine Blueberry Farm Rezoning Recording Secretary Ramirez read the headnote into the record as follows: ORDINANCE 2020-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, TO CHANGE THE ZONING FROM LAKE COUNTY AGRICULTURE AND CITY OF GROVELAND AGRICULTURE TO CITY OF GROVELAND VILLAGE EDGE, VILLAGE CENTER AND VILLAGE CORE FOR THE HEREIN DESCRIBED PROPERTIES OWNED BY JAMES AND ANN LOWE AND LAKE CATHERINE BLUEBERRIES, LLC AND GENERALLY LOCATED WEST OF STATE ROAD 19, AND NORTH OF THE STATE ROAD 50; DIRECTING THE CITY MANAGER TO AMEND THE ZONING MAP AS HEREIN PROVIDED AFTER THE PASSAGE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SCRIVENER’S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. Public Comments: No Public Comments Motion: Board Member Proper moved to approve Ordinance 2020-45; seconded by Board Member Keogh. Motion passed with all members present voting aye. BOARD MEMBER DISCUSSION Member Keogh addressed the status of Board Member Roster and term expiration dates for all members. Mr. Maslow stated it will be discussed on the December 3rd Planning and Zoning Board Meeting and to contact him if there any question or concerns. Member Keogh stated to give panel access information to Mr. Dustin Lowe (Catherine Blueberry Farm) as he is active in the community. Member Keogh requested a follow up from Planning and Zoning Division regarding the parks and trails. Mr. Maslow stated staff will present a timeline for the forthcoming Landscape and Tree Preservation Ordinance updates at the next P&Z meeting. Member Keogh requested status of the tree preservation. Mr. Maslow stated staff will schedule the Parks and Trails consultant Barth and Associates to provide a presentation to P&Z at an upcoming meeting. Member Keogh requested a timeline for all requests in the December meeting. ADJOURNMENT Motion: Motion by Board Member Keogh to adjourn the meeting at 4:10 p.m.; seconded by Board Member Proper. ~ Groveland FLORIDA Ciry wirh l\"atural Cham1 Dominic Cicio, Chair Attest: Maria Ramirez, Recording Secretary AMERICAN WAY VARIANCE RESOLUTION 2020-68 ATTACHMENT 1  RESOLUTION 2020-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVELAND, FLORIDA, GRANTING A VARIANCE FROM VARIOUS SECTIONS OF THE CITY OF GROVELAND COMMUNITY DEVELOPMENT CODE RELATING TO BUILDING HEIGHT, LANDSCAPE ISLANDS WITHIN PARKING AREA, INTERNAL ACCESS ROAD LANDSCAPING, LOCATION OF PARKING AND NUMBER OF PARKING STALLS REQUIRED, TREE REMOVAL AND REPLACEMENT AND IRRIGATION FOR THE REAL PROPERTY LOCATED AT 2550 AMERICAN WAY, GROVELAND, FLORIDA, OWNED BY FULMER CENTER, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Patrick Ford, ARCO Murray, the applicant, has petitioned for several variances from certain provisions of the City of Groveland Land Development Code, for property owned by Fulmer Center, LLC, assigned Alt. Key No. 1024854 and located at 2550 American Way in the City of Groveland, Florida; and WHEREAS, applicant requests multiple variances from the City of Groveland Community Development Code; and WHEREAS, the variances being granted are the minimum available that will allow reasonable use of the land; WHEREAS, a public hearing on this Resolution was held by the Planning and Zoning Board after public notice in accordance with Table A1 in Article 1 of the City of Groveland Community Development Code; and WHEREAS, a public hearing on this Resolution was held by the City Council after public notice in accordance with Table A1 in Article 1 of the City of Groveland Community Development Code; and WHEREAS, the Planning and Zoning Board and City Council of the City of Groveland have considered the petition in accordance with the standards for granting variances contained in Section 1.3 C. of the City of Groveland Community Development Code and there is competent substantial evidence in support of the requested variance. NOW THEREFORE, be it resolved by the City Council of the City of Groveland, Florida, as follows: Section 1. The petition for variance filed by Patrick Ford, ARCO Murray for real property located on American Way in the City of Groveland, Florida, more particularly described in Exhibit A incorporated herein and attached hereto is GRANTED with the following conditions: 1. Sec. 5.4, Table SD2. Maximum building height. Building height, including height relative to the hillside topography of the property, shall not exceed 50 feet. It is intended to allow  a height which will permit a clearance under the roof of the structure to range between 36’ – 50’. 2. Sec. 5.4, Table SD2: Parking Spaces location. Parking spaces for automobiles may be located in the front of the building due to safety reasons with truck loading and unloading areas along the sides of the building. 3. Sec. 5.4, Table SD2: Parking Spaces required. Truck parking spaces must be made available for overflow automobile parking if necessary. 4. Sec. 133-99(1)a, c: Landscape islands. Landscape islands must be a minimum 12’ in width as provided in Sec. 133-99(1)a and a depth of 18’ as provided in Sec. 149-51(g), to provide a landscaping island of approximately 216 SF. 5. Sec. 117 Article II – Tree Removal: Tree Survey and Tree Replacement. A tree survey and tree removal permits will not be required for development of the Property. Removal of trees will be part of site plan/construction plans approval and tree replacement will be required per the approved landscaping plans contained in the site plan/construction plans package. 6. Sec. 133-99(4) Internal access roads. The existing topography of the property requires a slope along the sides of the entrance roads from American Way that is not conducive to the growth of trees. Therefore, the Property is not subject to the requirement of trees on each side every 50 feet. 7. Sec. 133-156, Irrigation. Irrigation is required for landscaping in the following locations: trees installed in public view along American Way and other visible locations will be irrigated for proper maintenance in accordance with the approved landscaping plans contained in the site plan/construction plans package. In order to reduce potable water consumption, irrigation will not be required in remaining open areas and native seeding of grass is required in the non-irrigated areas. 8. The variance to the setback requirement is granted only in connection with construction of warehouse buildings for a variety of uses in the manufacturing, distribution & logistics spaces on the above described property and for no other purpose. Section 2. This resolution shall be effective after adoption in accordance with law. PASSED AND RESOLVED this _____ day of _______, 2020, by the City Council of the City of Groveland, Florida. _____________________________________________ Evelyn Wilson, Mayor City of Groveland, Florida ATTEST: _____________________________________________ Virginia Wright, City Clerk Approved as to Form: _____________________________________________ Anita Geraci-Carver City Attorney Passed First Reading ____________________________ Council Member ___________________________ moved the passage and adoption of the above and foregoing Resolution. Motion was seconded by Council Member _________________________________ and upon roll call on the motion the vote was as follows: YEA NAY Barbara Gaines Mike Radzik Mike Smith Randolph Waite Evelyn Wilson TRILOGY PUD AMENDMENT ORDIANCE 2020-29 ATTACHMENT 1 LEGAL DESCRIPTION: A portion of Sections 26, 27, 34 and 35, Township 21 South, Range 25 East, Lake County, Florida, being more particularly described as follows: Begin at the southeast corner of said Section 34, being a 6" x 6" concrete monument as per certified corner record 050778, dated December 14, 1994; thence North 89°45'40" West, along the south line of said Section 34 for a distance of 1,323.84 feet; thence departing said south line run North 00°21'44" East, along the west line of the East ½ of the East ½ of said Section 34 for a distance of 5,344.61 feet to a point on the north line of said Section 34; thence North 00°37'21" East along the west line of the Southeast ¼ of the Southeast ¼ of said Section 27, for a distance of 1,326.41 feet to the northwest corner of said Southeast ¼ of the Southeast ¼ Section 27; thence South 89°46'07" East along the north line of said Southeast ¼ of the Southeast ¼, for a distance of 420.01 feet; thence departing said north line run North 00°37'21" East, for a distance of 1,326.94 feet to a point on the north line of the Southeast ¼ of said Section 27; thence South 89°50'28" East, along said north line for a distance of 912.78 feet to the East ¼ corner of said Section 27; thence South 89°24'56" East, along the north line of the Southwest ¼ and the Southeast ¼ of said Section 26 for a distance of 3,353.25 feet; thence departing said north line run South 03°14'47" East, for a distance of 1,204.39 feet; thence South 01°38'39" East, for a distance of 784.35 feet to a point on the north line of the South ½ of the Southwest ¼ of the Southeast ¼ of said Section 26; thence South 89°31'34" East, along said north line for a distance of 516.82 feet to the northeast corner of said South ½; thence South 00°31'52" West, along the east line of the Southwest ¼ of the Southeast ¼ of said Section 26 for a distance of 661.29 feet to the southeast corner of said Southwest ¼ of the Southeast ¼; thence South 00°54'01" West, along the east line of the Northwest ¼ of the Northeast ¼ of said Section 35 for a distance of 1,326.94 feet to the southeast corner of said Northwest ¼ of the Northeast ¼; thence North 89°36'57" West, along the south line of the Northwest ¼ of the Northeast ¼ and the Northeast ¼ of the Northwest ¼ of said Section 35, for a distance of 1,985.75 feet to a point on the east line of the West ½ of the East ½ of said Section 35; thence South 00°35'34" West, along said east line for a distance of 4,012.95 feet to the south line of said Section 35; thence North 89°36'39" West, along said south line for a distance of 1,977.99 feet to the Point of Beginning. Section 2: Residential Setbacks. The following minimum setbacks shall be applied to single family dwelling units: Front: Any part of the structure (including but not limited to dwelling, storage, side loading garage, porches, but excluding front loading garage): 10 feet Front loading garages: 20 feet Side: For lots 50 feet or greater in width, the minimum side yard setback shall be 5 feet. For lots narrower than 50 feet in width, the side yard setback may be between 0 feet and 5 feet, Page 2 of 4 Record and Return to: City of Groveland 156 S. Lake Avenue Groveland, FL 34736 ORDINANCE 2020-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVELAND, COUNTY OF LAKE, STATE OF FLORIDA, AMENDING ORDINANCE 2015-09-03, (THE CASCADES/TRILOGY PUD) TO PROVIDE FOR CERTAIN EQUIPMENT AND MECHANICAL STRUCTURES WITHIN THE SIDE SETBACKS AND TO ALLOW EXISTING WALLS IN EXCESS OF 6 FEET IN HEIGHT TO REMAIN WHILE PROHIBITING FUTURE WALLS FROM EXCEEDING 6 FEET IN HEIGHT AND PROVIDING FOR PENALTIES FOR ANY CONSTRUCTED IN VIOLATION ALL RELATING TO THE HEREINAFTER DESCRIBED LANDS WITHIN THE CITY OF GROVELAND, FLORIDA; OWNED BY MFS CASCADES, LLC AND SHEA HOMES ACTIVE ADULT LLC, GENERALLY LOCATED AT WILSON LAKE PARKWAY AND W. LIBBY ROAD, GROVELAND, LAKE COUNTY, FLORIDA; REPEALING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREIN; PROVIDING FOR SEVERABILITY AND SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Trilogy subdivision, formally known as Cascades of Groveland, is located off Wilson Lake Parkway and was zoned Planned Unit Development in Ordinance 2002-09-41 and thereafter amended in Ordinance 2002-09-41A, Ordinance 2008-11-50, 2013-12-27 and 2015-11- 32 (collectively, the “PUD”); and WHEREAS, MFS Cascades LLC and Shea Homes Active Adult LLC, the owner and applicant wishes to amend the PUD to allow for air-conditioning compressors and other mechanical structures to be located within side setbacks; and WHEREAS, residential walls were limited to 6 feet in height; however, many were constructed in excess and the owner and applicant have requested the City to allow these walls to remain; and WHEREAS, the City Council desires to restrict the height of any walls constructed after the adoption of this ordinance to 6 feet and provide for penalties for any constructed in violation. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Groveland, Florida, as follows: Section 1: Purpose and Intent. The zoning classification of the following described property, being situated in the City of Groveland, Florida, shall remain designated as PUD as defined in the City of Groveland Land Development Code. The PUD, pursuant to the application by MFS Cascades LLC and Shea Homes Active Adult LLC, the owner of the property hereinafter described, to amend the PUD zoning ordinance as set forth below. All other provisions shall remain unchanged. Page 1 of 4  provided that in no event shall the separation between dwelling units on adjacent lots be less than 10 feet. Rear: 10 feet Street side: 10 feet Single family dwelling units may locate air-conditioning (A/C) compressors, generators, pool equipment and other mechanical structures in non-street side yards encroaching the side yard setback as long as a minimum 60 inches is provided between A/C compressors, generators, pool equipment and other mechanical structures or fences (collectively referred to as “Encroachments”). A/C compressors may be installed at slab on grade or on brackets that satisfy Florida Building Code as determined by the City's Building Official. Encroachments that do not meet code standards specified in Section 5.1 B1. b of the Community Development Code will be considered conforming structures within the Trilogy subdivision. Slab on grade is not permitted within drainage and utility easements. Any Encroachments located within a platted easement are subject to removal at homeowner's expense if access is required. Additionally, when the condition exists where there is a retaining wall between two homes, and the home on the downhill side has 5 feet or less to the wall, an A/C compressor mounted on brackets will be allowed and the 60-inch minimum as required in the preceding paragraph will not be required. All homes existing on the date of adoption of this Ordinance, and homes not completed, but permitted on the date of adoption of this Ordinance will be considered conforming structures within the Trilogy subdivision. The Encroachments as allowed in this amendment, and the noted exception in the preceding paragraph, are not applicable to any new residential lots within the Cascades PUD that have not received final plat approval on or before the effective date of this Ordinance. Section 3: Residential Walls. Wall structures existing on the date of adoption of this Ordinance that exceed 6 feet in height will be allowed to remain without alteration. Any new wall structures to be constructed after the date of adoption of this Ordinance shall not exceed 6 feet in height, and if any such wall is constructed in excess of 6 feet in violation of this Ordinance it must be brought into conformance prior to the City issuing a certificate of occupancy for the associated residence. Section 4: Conflict. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Severability. That if any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 6: Scrivener’s Errors. Scrivener’s errors in the legal description may be corrected without a public hearing or at public meeting, by re-recording the original ordinance or a certified copy of the ordinance and attaching the correct legal description. Page 3 of 4 Section 7: Effective Date. This Ordinance shall become effective immediately upon its approval and adoption by the City Council. PASSED AND ORDAINED in regular session of the City Council of the City of Groveland, Lake County, Florida, this ______day of ___________, 2020. _______________________________________ Evelyn Wilson, Mayor City of Groveland, Florida Attest: _____________________________________ Virginia Wright, City Clerk Approved as to form and legality: ________________________________ Anita Geraci-Carver, City Attorney First Reading __________________ Second Reading ________________ Council Member ______________ moved the passage and adoption of the above and foregoing Ordinance. Motion was seconded by Council Member ________________ and upon roll call on the motion the vote was as follows: YEA NAY Mike Radzik Mike Smith Barbara Gaines Randolph Waite Evelyn Wilson Page 4 of 4