AGENDA MEMORANDUM

 

 

MEETING DATE:   September 14, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning to PUD (Planned Unit Development) for First Berkshire Trust (Secret Promise)

 

 

Staff Recommendation: 

The Planning staff and Planning Commission  recommend  approval of  the proposed  rezoning for

the subject property to PUD (Planned Unit Development).       

 

Analysis:

The project site is approximately 3,747 acres, mixed use (1,975 acres) and conservation (1,772 acres). The property is generally located southwest of the Florida Turnpike, northwest of C.R.48, and east of the Sumter County line, as shown on the attached General Location Map. This property is presently zoned R-2 (Medium Density Residential), M-1 (Industrial), R-3 (High Density Residential), C-1 (Neighborhood Commercial), and County Agriculture.  

 

Currently, the property is undeveloped, and the proposed use is a Planned Unit Development, with

a mix of uses. The existing land uses surrounding the property are undeveloped land to the north, south, and east; and Sumter County to the west.  The proposed zoning district PUD (Planned Unit Development) is compatible with adjacent property zoned PUD (Planned Unit Development) to the south and east. With the proposed conditions, there does not appear to be a conflict with property to the north zoned M-1 (Industrial), P (Public), and CIP (Commercial Industrial Planned).

 

The proposed zoning is consistent with the proposed future land use designation of Mixed Use and Conservation.  Development of the property shall be subject to conditions of Exhibit A, “Planned Development Conditions”, dated Revised August 28, 2009.

 

By a vote of 6 to 0, the Planning Commission voted to recommend approval.

 

Options:        

1.   Approve the proposed rezoning to PUD (Planned Unit Development).

 

 2.  Other such action as the Commission may deem appropriate.

 

 

Fiscal Impact:

There is will be a positive fiscal impact to the City when the project is developed.

 

Submission Date and Time:    9/10/09 10:47 AM____

 

 

 

Department: Community Development

Prepared by:  Bill Wiley, AICP                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ___Yes___

 

Finance  Dept. ____________JB____                                     

                              

Deputy C.M. ______ _________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 3,747 ACRES GENERALLY LOCATED SOUTHWEST OF THE FLORIDA TURNPIKE, NORTHWEST OF CR48, AND EAST OF THE SUMTER COUNTY LINE, LYING IN SECTIONS 17-21 & 28-32, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM R-2 (MEDIUM DENSITY RESIDENTIAL), M-1 (INDUSTRIAL), R-3 (HIGH DENSITY RESIDENTIAL), C-1 (NEIGHBORHOOD COMMERCIAL) AND COUNTY AGRICULTURE TO CITY PUD (PLANNED UNIT DEVELOPMENT), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (SECRET PROMISE)

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1

 

Based upon the petition of the owners of the property hereinafter described, which petition has heretofore been approved by the City Commission of the City of Leesburg Florida, pursuant to the provisions of the Laws of Florida, the said property located in Lake County, Florida, is hereby rezoned to City PUD (Planned Unit Development) zoning district, subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

 

Section 2.   

 

This ordinance shall become effective upon its passage and adoption, according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the      14th                      day of       September                 , 2009.

 

THE CITY OF LEESBURG

 

 

By: _________________________________

            Mayor

ATTEST:

 

 

___________________________________

City Clerk

 

 

 

 

 

 

CASE #:053-1-072408                                                                                                 EXHIBIT A

 

FIRST BERKSHIRE BUSINESS TRUST

REZONING TO PUD (PLANNED UNIT DEVELOPMENT)

PLANNED DEVELOPMENT CONDITIONS

Revised August 28, 2009

 

This Planned Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to First Berkshire Business Trust (Secret Promise) "Permittee" for the purposes and subject to the terms and conditions as set forth herein pursuant to authority contained in Chapter 25 Zoning, Sec­tion 25-278 Planned Developments of the City of Leesburg Code of Ordinances, as amended and as set forth in the Stipulated Settlement Agreement dated September 10, 2002 and the required Development of Regional Impact (DRI) development order.

 

BACKGROUND:  The "Permittee" is desirous of obtaining a PUD (Planned Unit Development) zoning district to allow construction of a proposed mixed-use development known as Secret Promise. Said development shall consist of individual residential, (single family, multi-family and assisted living units) commercial (including office and hotel), light industrial, civic, educational and mixed use areas located on approximately 3,749 acres within the City of Leesburg. The general location of this project is south of County Road 470, southwest of the Florida Turnpike, west of County Road 48 and East of Sumter County. All development described herein shall be performed in accordance with this Planned Unit Development Agreement, PUD application and supplemental information.

 

1.              PERMISSION

Permission is hereby granted to construct, operate, and maintain a Planned Unit Development with a Contemporary Design Overlay in and on real property in the City of Leesburg.  The property is more particularly described as follows:

 

2.       LEGAL DESCRIPTION:

          See attached legal Exhibit B.

 

3.       DEVELOPMENT PRINCIPLES

Secret Promise shall be designed, developed and managed in a manner that fully reflects the ideas described in the “Development Principles” as shown below and in accordance with the PUD Conditions described herein.

 

A.               The development of Secret Promise shall preserve and manage sensitive environmental areas in a way that will maintain the integrity of ecological functioning and protection of wildlife habitat, according to best known, objective, scientific principles.

B.               To the maximum extent possible, the natural terrain, drainage and vegetation of the property shall be preserved, with superior examples contained within parks or preservation areas.

C.              Secret Promise shall contain an ample supply of open space in the form of active and passive parks and recreation areas whose frequent use is encouraged through careful placement and design.

D.              The portions of Secret Promise appropriate for development shall be developed as a sustainable, mixed-use community.  The standards contained herein are intended to create a pedestrian-scale community with a defined sense of place.

E.               All streets, pedestrian paths, and bike paths shall contribute to a system of fully-connected and interesting routes within the community.

F.                Buildings shall have a primary orientation to the streets and parks.

G.             Secret Promise shall contain varied housing typologies which will provide housing opportunities for a wide range of income levels and accommodate diverse lifestyles and preferences.

4.        LAND USE

Permitted land uses for the Secret Promise property shall include residential (including assisted living), commercial (including office and hotel), light industrial, civic, educational and mixed use projects, as described in this section.  Land uses shall follow all City of Leesburg development codes and standards unless otherwise specified within this PUD zoning document, as amended.

A.               Master Development Plan

1)            All development shall be designed in a manner consistent with the attached Exhibit C, Conceptual Development Plan, dated May 1, 2008.  The Master Development Plan is conceptual in nature and may be affected by final zoning approval and conditions, including the need for compensating storage capacity in flood prone areas, final wetland or protected species locations, final engineering, permitting, and surveys.

B.       Common Areas

1)            Any and all common areas will be owned and maintained by homeowners’ association(s) and/or a Community Development District (“CDD”), unless dedicated to the City or other public agency.

C.       Residential Development Standards

1)            Single-family and multi-family residential development shall be permitted in the following parcels: 7, 8, 10, 14 - 22, and 24.

2)            Community centers, community halls, and similar facilities for residents shall be permitted in all residential parcels.

3)            All residential neighborhoods shall include connections to the pedestrian paths and bikeways that lead to the community parks and mixed-use areas.

4)            All streets shall be lined on both sides with sidewalks and street trees except as provided herein.  As an alternate(s) to the code requirement for sidewalks along both sides of roads, a multi-modal trail lane shall be provided by the developer and shown on the Master Plan that is incorporated into the design of the primary entrance road. Internal road rights-of-ways shall be of sufficient width to contain the required sidewalks on one side of all roads with multi-modal trail lanes where required. Sidewalks shall be a minimum of five feet along the primary entrance road and shall be a minimum of four feet along the residential loop road. All sidewalks shall be constructed in accordance with City of Leesburg Code. In addition, access from all phases of the project to the recreation areas, community club house and proposed commercial area, shall be provided with a paved multi-modal trail.  A homeowners association (HOA) or Community Development District is an acceptable maintenance entity for the referenced improvements. City staff may approve or disapprove the alternative based on the Permittee demonstrating that the alternative meets the same objectives as the placement of sidewalks along the primary road.

5)            Parks

a.             All neighborhoods shall have a neighborhood park that will provide each residential area with a unique identity.  All neighborhood parks shall be conveniently located to the residential areas and accessible by pedestrians and bicyclists.

b.     These parks may include formal/informal gardens, children’s play areas, walkways, fountains, park benches, and pedestrian-scale lighting.  Activity-based facilities such as basketball, tennis, and volleyball courts may also be permitted in the neighborhood parks.

6)            Alley Standards

a.   Alleys shall be strongly encouraged in Parcels 10, 14, and 15 as these neighborhoods are in close proximity to the mixed-use areas and are likely to include attached residential units and detached residential units on smaller lots.  Alleys should be encouraged in Parcels 7, 8, 16-22, and 24 for any block containing more than three (3) residential lots less than fifty (50) feet in width. 

7)      Lighting

a.      All residential streets shall include street lighting, staggered at 100-150 feet intervals with lights at the block ends. Actual distance will be determined after review of City staff.

b.      The lighting plan shall ensure that the placement of streetlights does not conflict with the placement of canopy trees.

c.      The mounting height of residential street lighting shall be ±15 feet or as determined by City staff.

8)      Multi-family Residential Design Standards

Multi-family residential development shall comply with the City of Leesburg development standards for apartments found in Article IV, Section 25-286(a) of the Land Development Code.  In addition, the following design standards shall apply to all multi-family residential development:

a.             A maximum of twenty-four (24) units shall be permitted in any single building.

b.            Buildings shall adhere to the following setbacks and site development standards:

                                                                             i.               Minimum lot area: fifteen thousand (15,000) SF

                                                                           ii.               Minimum living area: five hundred (500) SF

                                                                         iii.               Minimum lot width: eighty five (85) feet

                                                                         iv.               Minimum front yard setback: fifteen (15) feet

                                                                           v.               Minimum side yard setback: ten (10) feet

                                                                         vi.               Minimum rear yard setback: five (5) feet

                                                                       vii.               Maximum height: forty five (45) feet/3 stories

                                                                     viii.               Maximum lot coverage: eighty percent (80%)

 

9)      Single-Family Residential Design Standards

a.             Single-family residential development shall comply with the City of Leesburg Subdivision Development Standards (Article VII, Division 1 of the Land Development Code), except where noted herein.  In addition, the following design standards shall apply to all single-family residential development:

b.            General Standards

                                                                             i.               All residential structures shall include primary entrances that are visible and accessible from the street and shall have a pedestrian path or walkway from the primary entrance to the sidewalk.

                                                                           ii.               First floor elevations shall be a minimum of eighteen (18) inches above the finished grade of the sidewalk.

                                                                         iii.               No air conditioning (A/C) units shall be located in the front yard.  A/C units shall be located in the side or rear yard.  Where A/C units are located in the side yard, they shall be screened from view from the roadway.

                                                                         iv.               The architectural styles and construction details of individual homes shall be ensured through an Architectural Review Board (ARB) or through Codes, Covenants and Restrictions (CC&Rs) as established and maintained by the developer.

                                                                           v.               Porches shall be no less than seven (7) feet deep measured from the face of the primary building facade to the inside edges of the supporting columns, walls or railings.

                                                                         vi.       Parking shall generally be provided in an enclosed garage accessed from the roadway or alley.  Any unenclosed parking spaces shall be screened and accessed from a rear alley.

c.             Single family attached residential (townhomes)

                                                                             i.               Minimum lot width: eighteen (18) feet

                                                                           ii.               Minimum lot depth: fifty (50) feet

                                                                         iii.               Minimum lot size: nine hundred (900) SF

                                                                         iv.               Minimum living area (18’ wide product): 1000 SF

                                                                           v.               Minimum living area (22’ wide product): 1200 SF

                                                                         vi.               Minimum living area (25-28’ wide product): 1400 SF

                                                                       vii.               Minimum front setback: twenty (20) feet unless with rear alley access garage then five (5) feet

                                                                     viii.               Minimum porch setback: five (5) feet

                                                                          ix.               Minimum side street setback: fifteen (15) feet

                                                                            x.               Minimum side yard setback: zero (0) or five (5) feet on end unit

                                                                          xi.               Minimum forty (40) feet front to front less street

                                                                        xii.               Minimum twenty four (24) feet rear to rear less alley

                                                                      xiii.               Minimum rear yard setback: eighteen (18) feet

                                                                      xiv.               Minimum 2-story. End unit may be one-story provided the minimum building (unit) width is thirty-five (35) feet

                                                                        xv.               Rear-loaded encouraged.

                                                                      xvi.               Maximum of eight (8) units per building, minimum twenty (20) feet required between attached housing buildings

                                                                    xvii.               Maximum height: two (2) stories

                                                                  xviii.               Maximum building lot coverage: ninety (90) percent

                                                                      xix.               Balconies, porches, stoops, bay windows and roof overhangs may encroach upon front setback and corner lot side setback.  Balconies and roof overhangs may encroach upon rear setback as per City code.

d.            Single family attached residential (duplex/flats)

                                                                             i.               Minimum lot width: twenty five (25) to thirty five (35) feet

                                                                           ii.               Minimum lot depth: one hundred (100) feet

                                                                         iii.               Minimum living area: one thousand (1,000) SF

                                                                         iv.               Minimum front set back: twenty (20) feet unless with rear alley access garage then fifteen (15) feet

                                                                           v.               Minimum porch set back: ten (10) feet

                                                                         vi.               Minimum garage set back: Rear loaded nineteen (19) feet and front loaded fifteen (15) feet

                                                                       vii.               Minimum side yard set back: zero (0) or five (5) feet end unit

                                                                     viii.               Minimum side street set back: fifteen (15) feet

                                                                          ix.               Minimum rear yard setback (front loaded): eighteen (18) feet

                                                                            x.               Maximum height: thirty-five (35) feet/two stories

                                                                          xi.               Maximum building lot coverage: eighty five percent (85%)

e.      Single family detached residential (40 foot lot product)

                                                                             i.               Minimum lot width: forty (40) feet

                                                                           ii.               Minimum lot depth: ninety-five (95) feet

                                                                         iii.               Minimum lot size: thirty-two hundred (3200) SF

                                                                         iv.               Minimum living area: twelve hundred (1200) SF

                                                                           v.               Minimum front setback: twenty (20) feet unless with rear alley access garage then eighteen (18) feet

                                                                         vi.               Minimum porch setback: fifteen (15) feet

                                                                       vii.               Minimum side yard setback: five (5) feet

                                                                     viii.               Minimum rear yard setback: fifteen (15) feet

                                                                          ix.         Maximum height: thirty-five (35) feet/two stories

                                                                            x.               Maximum lot coverage: 85%

                                                                          xi.               Balconies, porches, stoops, bay windows and roof overhangs may encroach upon front setback and corner lot side setback.  Balconies and roof overhangs may encroach upon rear setback as per City code.

                                                                        xii.               Pool/screen enclosures setbacks: rear setback shall be minimum five (5) feet.

f.     Single family detached residential (50, 60 and 70 foot lot products)

                                                                             i.               Minimum lot width: fifty (50) feet

                                                                           ii.               Minimum lot depth: one hundred and fifteen (115) feet

                                                                         iii.               Minimum lot size: six thousand (6,000) SF

                                                                         iv.               Minimum living area: 

a)      50 foot lot – twelve hundred (1,200) SF

b)      60 foot lot – fourteen hundred (1,400) SF

c)      70 foot lot – sixteen hundred (1,600) SF

                                                                           v.               Minimum front setback: twenty (20) feet unless with rear alley access garage then eighteen (18) feet

                                                                         vi.               Minimum porch setback: ten (10) feet

                                                                       vii.               Minimum garage setback (front-loaded): twenty-two (22) feet

                                                                     viii.               Minimum side yard setback: five (5) feet

                                                                          ix.         Minimum side street setback: fifteen (15) feet

                                                                            x.               Minimum rear yard setback:

a.       Rear loaded: nineteen (19) feet from alley

b.      Front loaded: twenty (20) feet

                                                                          xi.               Maximum height: thirty-five (35) feet/two stories

                                                                        xii.         Maximum lot coverage: eighty-five percent (85%)

                                                                      xiii.               Balconies, porches, stoops, bay windows and roof overhangs may encroach upon front setback and corner lot side setback.  Balconies and roof overhangs may encroach upon rear setback as per City code.

                                                                      xiv.               Pool/screen enclosures setbacks: rear setback shall be minimum five (5) feet.

                                                                        xv.               Driveway setback (front-loaded): minimum two and one-half (2.5) feet from side yard setback; zero (0) feet if shared driveway.

g.     Single family detached residential (custom lots)

                                                                             i.               Minimum lot width: ninety (90) feet

                                                                           ii.               Minimum lot depth: one hundred twenty (120) feet

                                                                         iii.               Minimum lot size: ten thousand eight hundred (10,800) SF

                                                                         iv.               Minimum living area: twenty one hundred (2,100) SF

                                                                           v.               Minimum front setback (main facade): twenty five (25) feet

                                                                         vi.               Minimum porch setback: fifteen (15) feet

                                                                       vii.               Minimum garage setback: thirty (30) feet

                                                                     viii.               Minimum side yard setback: seven and one-half (7.5.) feet

                                                                          ix.               Minimum side street setback: seventeen and one-half (17.5) feet

                                                                            x.               Minimum rear yard setback

a.       Rear loaded: nineteen (19) feet from alley

b.      Front loaded: twenty (20) feet

                                                                          xi.               Maximum height: forty (40) feet/three (3) stories

                                                                        xii.               Maximum lot coverage: sixty percent (60%)

                                                                      xiii.               Balconies, porches, stoops, bay windows and roof overhangs may encroach upon front and corner lot side setback. Balconies and roof overhangs may encroach upon rear setback as per City code.

                                                                      xiv.               Pool/screen enclosures setbacks: rear setback shall be minimum five (5) feet.

h.   Live/Work Units

                                                                             i.               Live/work units must be composed of a primary residence, studio/garage apartment and an office.

                                                                           ii.               Minimum lot width: thirty (30) feet

                                                                         iii.               Minimum lot depth: one hundred (100) feet

                                                                         iv.               Minimum lot size: three thousand (3000) SF

                                                                           v.               Minimum living areas: twelve hundred (1200) SF for primary residence and studio/garage.

                                                                         vi.               Minimum office: six hundred (600) SF

                                                                       vii.               Minimum front yard setback: fifteen (15) feet

                                                                     viii.               Rear access required

                                                                          ix.               Minimum rear setback: eighteen (18) feet

                                                                            x.               Balconies, porches, stoops, bay windows and roof overhangs may encroach upon front and corner lot side setback. Balconies and roof overhangs may encroach upon rear setback.

                                                                          xi.               Pool/screen enclosures setbacks: rear setback shall be minimum five (5) feet.

i.     Assisted Living Facility Development Standards

                                                                          i.                  Assisted Living Facility uses shall be permitted in Parcel 23.  Development within Parcel 23 shall comply with the Community Residential Homes regulations of Article IV, Section 25-286 of the City of Leesburg Land Development Code, as amended.

                    j.      Diversity of Housing Required

                           i.         In order to comply with the diversity of housing required by the City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2, projects shall incorporate the following requirement:

                                                        ii.         In order to provide a balance of housing types, more than one type of housing shall be provided such as single-family detached and detached dwellings, town houses, multi-family etc. with a minimum of at least two housing types with ten (10) percent of the total project except where new urbanism design communities are approved by City staff.

                                                        iii.        This development will have an impact on the need for Affordable Housing with in the City of Leesburg. In order to mitigate the impacts the developer shall provide Affordable Housing per Exhibit F City of Leesburg Inclusionary Housing Requirements.

                                               

5.        INDUSTRIAL DEVELOPMENT STANDARDS

Light industrial uses shall be permitted in Parcel 4.  Development within Parcel 4 shall comply with the regulations of the City of Leesburg M-1 (Industrial) zoning district, found in the City’s Land Development Code.

6.        COMMUNITY FACILITY DEVELOPMENT STANDARDS

A.        Community facilities shall be permitted in Parcels 11, 12, and 13.  Uses permitted may include an elementary school, K-8 school, middle school, fire station, police station, EMS facility, child care facilities, or other local government administrative offices as defined by City code.

B.     The Developer agrees to donate a four (4) acre site to the City of Leesburg for public safety (police or fire station) and municipal offices to assist in providing emergency services and other services within the Development.  The Developer shall receive impact fee credit and a reduction from the proportionate share requirement for the donation based on the appraised value of the donated land.  The Developer shall pay for an appraisal at the time of the donation to establish the land’s value.  If the appraisal is not acceptable, the City shall have the right to seek a second appraisal of the land.  If this appraisal is not acceptable to the Developer, then a third and final appraisal shall be established and shall be considered the binding appraisal for the value of the land.

Construction of the public safety (police or fire station) and municipal offices shall be the responsibility of the City of Leesburg.  In the event the City decides to not build the facilities or the facilities are not constructed by December 31, 2025, which ever occurs first, the land shall revert to the Developer and the Developer shall be responsible for payment of all the impact fee credits and proportionate share requirements.  The City may use the land only for public safety (police or fire station) and municipal offices uses. The Developer shall have an opportunity to review must also approve the site plan and architectural plans for the government facilities to ensure the buildings are consistent with the character of the development.

C.     A twenty (20) acre site shall be donated to the School Board of Lake County or the City of Leesburg for the construction of an elementary, middle, K-8 school or charter school.  The school shall be constructed by the Lake County School District or the City of Leesburg or their designee.  The twenty acres shall be located (possibly in Parcel 11) at a site mutually agreeable to the Developer, the City of Leesburg and the School Board.  In the event the Developer, the City of Leesburg and the School Board can not mutually agree upon a site within Parcel 11 for the location of a school, the Developer, the City of Leesburg and the School Board shall select an alternative site within the project for the twenty acres.  The alternative site must be mutually agreeable to the City of Leesburg, the School Board and the Developer.

D.    If a site is selected within Parcel 11 for the location of the twenty acres, the City of Leesburg or the School Board shall have the option to purchase additional land within Parcel 11 up to and including the entire parcel.  In the event an alternative site is selected outside of Parcel 11, the Developer shall have an option to sell additional land within the project to the City of Leesburg or the School Board.  The City of Leesburg or the School Board shall have until two years after the twenty acre site deed has been accepted to exercise their option to purchase and close on the remainder of Parcel 11 (if property within Parcel 11 is selected) for the purposes of constructing a school.

E.     In the event the City of Leesburg or the School Board decides to not build a school within the project or a school is not constructed by December 31, 2025, which ever occurs first, then the land shall revert to the Developer.  Sixty days prior to the reversion, the School Board shall notify the City to determine whether the City will build a charter school on the donated land.  If the City will commit to build a charter school, then the donated land will be transferred to the City for the purpose of building a charter school.  The City shall have four years to build school after committing to build a charter school on the donated land.  If the City decides to not accept the donated land or fails to build a charter school within four years of committing, whichever occurs first, then the land reverts back to the Developer.

F.      If land dedicated for a school is not developed and reverts back to the Developer, then any use permitted in the PUD may be built on the dedicated land as long as the development is determined by the City to be compatible with the adjacent uses.

                  1)         The Community Facilities areas, shall include a school collocated with public open space and recreation areas, as shown on the Conceptual Development Plan.  The Developer, the City of Leesburg and the School Board must mutually agree on the location of the twenty acre site by the beginning of Phase II prior to plat approval of any portion of the development or prior to any building permit issuance. The final location of the twenty acre school site shall be determined by the City using state of Florida school siting criteria established in Chapter 163, Florida Statutes, and Chapter 6A-2, Florida Administrative Code, and with input from the Lake County School District.

                  2)         In addition, to maximize the buildable area of the school within the sites for Community Facilities area, any environmental, floodplain, and wetlands impacts on the school site will be mitigated off site; stormwater retention will be retained and treated off-site within the planned unit development; any transportation impacts associated with the school will be included in the total number of vehicle trips approved for the planned unit development; and the school site shall include central potable water and sanitary sewer lines stubbed out to the site, as well as complete road access to the site .

                  3)         The development’s impact on elementary, middle, and high schools shall be mitigated in accordance with the adopted interlocal agreement, Lake County First Amendment to the Interlocal Agreement amongst Lake County, Lake County School Board and Municipalities for School Facilities Planning and Siting, dated December 26, 2007, or as amended and subject to the requirements of school concurrency.  

 

7.        MIXED-USE DEVELOPMENT STANDARDS/CONTEMPORARY DESIGN OVERLAY

A.        The City of Leesburg Contemporary Design Overlay (“CDO”) shall apply to Parcels 1, 2, 3, 5, 6, and 9. Development in these parcels will comply with the CDO development standards in concept as stated in the City of Leesburg Land Development Code, Article V, Sections 25-395 through Section 25-399.  Mixed-use development, including vertically-mixed buildings, shall be permitted in Parcels 1, 2, 3, 5, 6, and 9.  Residential uses shall be permitted above retail or office uses.  Residential-scale office uses shall also be permitted within these parcels, where appropriate. The following exceptions to the CDO development standards shall apply:

1)                  The requirements of the CDO regarding block size [Sec. 25-397(a)] may be waived where topographic or geographical conditions, such as wetlands, make these requirements impractical.

2)                  The requirements of the CDO regarding the designation of “A” streets and “B” streets [Sec. 25-397(b)] may be waived where topographic or geographical conditions, such as wetlands, make these requirements impractical.

In addition to the CDO standards, the following standards, contained in Sections 2 through 6, shall apply to Parcels 1, 2, 3, 5, 6, and 9.

 

B.        Architectural Standards

1)                  Building façades shall be designed to provide visual interest through detail and ornamentation that is visible at both the immediate pedestrian level as well as from a distance. All structures will incorporate the conceptual design standards as shown on Sheet 7 of the PUD Typical Housing Facades Exhibit D or as approved by the City of Leesburg.

2)                  Canopies, awnings, marquees, cornice trim, blade signage, retail awnings, signage, eaves, and overhangs may project into sidewalk rights-of-way up to eight feet (8’).

                  3)         All façades must have a recognizable base (storefront) and top (cornice), and include an expression line that delineates the transition between the ground floor level and the upper façade.

4)         A maximum of three (3) colors may be used on the body of any one building, plus one additional color for trim or cornice work.  Where a clear break exists giving the appearance of a separate building, the above treatment may be repeated.  These limitations shall exclude unpainted natural stone or roof material.

                  5)         All buildings shall be architecturally finished, with particular attention paid to building walls facing streets. 

6)         All commercial buildings shall reflect the actual floors within the building through use of window locations, façade breaks, façade setbacks, and balconies.

7)         Building massing shall be designed to address pedestrian scale by articulation of wall heights, façades, varied roof planes and pitches, and use of awning and canopies.

8)         Building façades shall provide vertical expression of architectural or structural bays through a change in plane.  Plane changes can be accomplished through the use of reveals, projecting ribs and/or offsets in the building façade.

9)         All parapet/roof planes that conceal flat roof must extend around all sides of a building that is visible from any public street and internal ‘main street’.

10)       Parapet walls shall fully screen all HVAC roof mounted equipment visible from the pedestrian level.

11)       Total height of the parapet wall shall not exceed fifteen percent (15%) of the height of supporting wall structure.

12)       The design of the architectural façades and roof planes shall not be designed as a physical background for signage.

13)       Building façade fenestration and roof planes shall be designed to fully wrap and continue the visual line of the architecture on all sides of the building that can be viewed by the general public. If a façade is not visible to public view, detailed fenestration of the building façade is not required but is encouraged.

14)       All doors shall be recessed and incorporate projected, decorative, and proportionately sized surrounding trim components in the façade elevation to provide an identifiable entry point for each customer entry.  All doors shall be architecturally and historically compatible to the period or style of the primary building architecture for which it is providing entrance.  The use of decorative door surrounds is strongly encouraged.

15)       Buildings shall be designed and constructed of materials that ensure the sustained longevity of the structure.

16)       Architecture façades shall not be designed as a continuation of signage.

C.        All awnings must meet the following criteria:

1)                  Canvas fabric or metal awnings are encouraged.  The use of vinyl or vinyl coated fabrics is specifically discouraged.  The use of fluorescent colored awnings is specifically prohibited.  The use of bold primary colors is limited to no more than fifty percent (50%) of the total surface area of any single awning.       

2)                  Awnings shall be architecturally coherent across the building in terms of height, size, materials and color so as to provide unified appearance to an individual building.  Awnings shall not be of radically uneven or unusual shapes.  However, a certain amount of diversity in the building façades is desirable and should be encouraged.

3)                  Backlighting or the internal illumination of awnings is not permitted.

4)                  Awnings shall not be used as the primary signage, containing either text or corporate logo identity, for any commercial or retail business.

5)                  Awnings shall not cover more than seventy percent (70%) of the primary façade of the individual building, shop or storefront if the frontage exceeds forty feet (40’) in width.

6)                  The cumulative effect of individual storefront awnings on a building should be considered in designing a new awning.

7)                  An awning shall reinforce the frame of the storefront and should not cover the piers or the space between the second story building windows and cornice.

8)                  Awnings covering second story windows shall conform to the size of the individual windows and should complement the first floor storefront awning in terms of size, materials, height, color, etc.

9)                  The color of the fabric awning shall complement the building’s color scheme.

D.       Pedestrian Standards

1)                  The storefront pedestrian zone shall consist of a minimum twelve-foot (12’) building setback from back of curb, to include an eight-foot (8’) pedestrian walkway and a four-foot (4’) landscape either in planter rows or individual tree planters.  Storefront pedestrian zones with adjacent on-street parking shall also include an additional two-foot (2’) wide pedestrian “step-out” zone between back of curb and the landscaped areas.

2)                  The defined pedestrian route shall be kept free of all permanent signage, site furnishing, or other physical obstructions.  Site furnishings (e.g., benches, trash receptacles) may be placed within the four-foot (4’) planter zone at regular intervals.

 

E.        Parking

1)                  All mass surface parking lots shall be located behind buildings, where practical.  Pedestrian access between or through buildings shall be provided and designed in such a way as to reinforce the pedestrian sense of arrival to the primary streetscape.

2)                  When surface parking lots must abut the public right-of-way, a forty-eight inch (48”) wide, one hundred percent (100%) visually opaque landscape and/or buffer wall combination shall be provided.  If a landscape buffer is to be used, the plant/shrub material shall be twenty-four inches (24”) in height at the time of installation.

3)                  Large parking areas shall be divided into “sub-lots” containing no more than three hundred and sixty (360) spaces per lot.  Sub-lots shall be defined and separated by landscaped pedestrian access ways that measure no less than twenty-two feet (22’) in width, as measured from the back of curb.  No parking overhang shall be permitted within this area.  The use of wheel stops in parking spaces that abut pedestrian access ways are required to prevent encroachment. 

4)                  All parking areas shall provide a defined pedestrian access route that allows for pedestrian movement unencumbered by multiple vehicular routes crossing within a parking lot.

5)                  On-street parallel parking shall be permitted along internal drives and roadways but must be set back a minimum of twenty (20) linear feet from any roadway intersection. 

6)                  On-street parking located along internal drives and roadways shall be set back a minimum of forty-five feet (45’) from any roundabout, as measured from the outside face of the roundabout curb radius. 

7)                  No on-street parking shall be located along internal drives or roadways within one hundred (100) linear feet of the intersection of a primary project entrance and abutting public road rights-of-way. 

8)                  All parking lots should have a minimum of two (2) vehicular ingress and egress points, except where site conditions make this impractical.

9)                  A parking planter island of a minimum of ten feet (10’) in width shall typically be provided every ten (10) parking spaces, or fraction thereof, where practical.  All dimensions shall be taken from inside of the curb face.

F.         Signage

1)                  Signage design shall comply with Article VI of the City of Leesburg Land Development Code.  In addition, the following standards shall apply:

a.                   Signage shall be compatible with the architecture, materials, and composition of the building.

b.                  Size, shape, color, and location of a sign shall complement the building façade and should never be so large as to overpower the building.

c.                   Individual storefront signs should be compatible with other storefronts on the same building in terms of size, design, and placement.

d.                  Signage shall not obstruct windows, cornices, decorative details, or the expression line of the façade.

e.                   Signage above the expression line shall be prohibited except:

                                                                                   i.         Wall-mounted hanging signs that are highly decorative and complement the building façade.

                                                                                 ii.         Small window signs

                                                                               iii.         Signs that identify a building and are incorporated into the cornice detail.

 

8.        COMMON RESIDENTIAL STANDARDS

A.   The following requirements shall apply to all residential development.

1)                  Accessory structures shall have a minimum rear and side setback of 5 feet   and shall not occupy more than 30 percent of the required rear yard.

2)                  Attached screened enclosures must maintain a minimum setback of five (5) feet from the rear property line.

3)                  Temporary modular sales center and construction offices shall be permitted until project completion.

4)                  All residential units shall be developed through the subdivision plan process or condominium instruments as applicable except for multiple-family complexes.

B.    Recreational Development

        1)         Recreational development provided on the site shall include active and passive uses, as well as enclosed or un-enclosed recreational space, devoted to the common use of the residents. Such recreation space shall consist of not less (two hundred (200) square feet of space per dwelling unit). In computing usable recreation space, the following items may be considered at one and twenty-five hundredths (1.25) times the actual area.

a.                   Recreational activities such as play grounds, basket ball, tennis and hand ball courts, etc.

b.                  Developed recreational trails which provide access to the public trail system.

c.                   Swimming pool, including the deck area which normally surrounds such pools.

d.                  Indoor recreation rooms provided such rooms are permanently maintained for the use of residents for recreation.

          2)       Required stormwater areas and buffer areas shall not be considered as recreational space except for any areas developed as recreational trails which provide access to the public trail system.

        3)       Within the community sidewalks or trails or a combination thereof shall be provided throughout the community to provide pedestrian access from all residences to all amenities.

        4)       Recreational vehicle parking shall be restricted through deed restrictions/covenants etc. which shall prohibit unenclosed parking within the development unless an approved designated area is provided. The area shall be buffered and final location will be determined by City staff as part of the plan approval process.

 

9.         OPEN SPACE, LANDSCAPING AND BUFFER AREAS

A.            Landscaping standards shall comply with the requirements of the general landscaping standards found in Article V, Sections 25-323 through Section 25-328 of the City of Leesburg’s Land Development Code, as follows.

B.            For each one hundred (100) linear feet, or fraction thereof, of boundary, the following plants shall be provided in accordance with the planting standards and requirements of the Land Development Code.

1)               Two (2) canopy trees

2)               Two (2) ornamental trees

3)               Thirty (30) shrubs 

4)               The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.

5)               Existing vegetation in the required buffer shall be protected during construction.

6)               Variations to the landscape requirements may be approved i.e. where walls are used, by the Community Development Director as long as the intent of the PUD is maintained.       

C.           A twenty-five foot (25’) landscaped buffer shall be provided along C.R. 470, Florida’s Turnpike, and C.R. 48.  The landscaping of this buffer shall comply with Article V, Section 25-325, Landscape Buffer along Public Streets, of the City of Leesburg Land Development Code.  Pedestrian and bicycle trails shall be permitted within this buffer.

D.          A fifty foot (50’) landscaped buffer shall be provided along the western boundary of the property, north of the wildlife conservation area, as shown on the Master Development Plan.  This buffer will provide connectivity for wildlife utilization between the power line easement west of the property boundary and the preserved wetlands and uplands.  Pedestrian and bicycle trails shall be permitted within this buffer.

E.           On residential streets, trees shall be installed as neighborhoods are developed.  The selection of tree species should coincide with the native tree types, as permitted under the City of Leesburg Landscape Code requirements.  Use of palm trees should be limited to concentrated groupings at entries and as decorative accents in the landscape.

F.            The plant material shall include a mixture of shade and ornamental trees and shrubs in varying sizes.  All plants shall be a clear distance from the intersection.

10.      TRAIL AND PARK SYSTEM

A.           A trail system, which may include boardwalks, shall provide pedestrian linkages between the property’s upland and wetland preservation areas and the residential neighborhoods.  Enhanced public access and interpretive signage will promote the preservation of natural habitat areas while creating passive recreation opportunities.

B.           The community park, to be located at the heart of the community, shall include both             active and passive recreation uses suitable for a wide variety of users.

C.           Neighborhood parks, squares, public plazas, pocket parks, and playgrounds shall be distributed throughout land use districts within the development.  Each parcel shall contain at least one park or public space. Each neighborhood park shall consist of a minimum of 200 square feet of recreation area per residential unit in the neighborhood served by the park.

D.          Benches, trash receptacles, and other street furnishings shall be provided in the community and neighborhood parks.

11.      WETLANDS AND WILDLIFE PROTECTION

The property’s sensitive ecological systems and wildlife habitats shall be protected through the following requirements.

A.           All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.  Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plan application.

B.           Buildings or structures have a 15’ minimum/25’ average wetland buffers on-site ERP permit from SJRWMD from any wetland jurisdiction boundary.

C.           Wetlands shall have a minimum upland buffer as established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive. All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.

D.          Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.

E.           If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.

F.            A wildlife/historical/archaeological management plan for the project site has been prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The management plan has been submitted to the City and is incorporated into the Secret Promise DRI Development Order.  

G.          To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association.  The conservation easement shall require that the wetlands be maintained in their natural and unaltered state.  Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.

12.      DEVELOPMENT PHASING

A.     The proposed project shall be constructed in phases in accordance with the Planned Unit Development Conditions and Conceptual Plan. Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Unit Development review process.

B.      Implementation of the project shall substantially commence by December 31, 2015 consistent with the Secret Promise DRI Development Order  In the event, the conditions of the PUD have not been implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the property to RE-1 (Estate Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions.

13.      STORMWATER MANAGEMENT /UTILITIES

Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg.  Water, wastewater and natural gas services will be provided by the City of Leesburg.  Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:

           A.      A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.

           B.      A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.

           C.      A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.

           D.      The 100-year flood plain shown on all plans and lots.

           E.      The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.

           F.      A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.

           G.      A detailed site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Land Development Codes.

           H.      Developer shall bear all responsibility, financial and otherwise, for the construction and installation of utility infrastructure and other improvements related to the use and development of the property including such off site improvements required by the City, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction.

           I.       Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.

14.      TRANSPORTATION IMPROVEMENTS

A.           Vehicular access to the project site shall be provided by a minimum of five (5) access points. Two from C.R.48 on the east, one from C.R. 470 to the north and two from future connection points along the border of Sumter County. Each of the above referenced access points shall be through a divided boulevard type road for the entrance. Actual location and design of the access shall be determined during the site plan review process and shall include consideration of sidewalks, recreation paths etc. Other potential vehicular and pedestrian accesses will be reviewed during the development review process.

B.           The Permittee shall provide all necessary improvements/paving/right-of-way/signalization within and adjacent to the development including not limited to right-of-way for C.R. 470,  C.R. 48 as required by FDOT, Lake County and City of Leesburg.

 

C.           All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements.

D.          Sidewalks shall provide cross connections to all recreation and residential areas. Internal road rights-of-ways shall be of sufficient width to contain the sidewalk. All sidewalks shall be constructed in accordance with City of Leesburg Codes.

E.           The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.

F.            The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements unless specifically accepted by formal action of the City Commission. The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements that are not the responsibility of the City to maintain such as private roads and facilities not located within rights-of-way or easements accepted by the City, County or another governmental entity to maintain.

G.          A traffic/transportation study shall be submitted for review of the Lake/Sumter MPO prior to site plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.

H.          At the time of site plan approval, the Permittee shall become responsible for their pro-rata   share of the cost of the signal(s) as determined by the County, City staff and the traffic study submitted therewith.

I.             Any issues with regard to easement access to adjacent properties shall be resolved and reviewed by the City Attorney prior to the approval of the preliminary subdivision plan.

J.              Streets shall be connected and cul-de-sacs shall be avoided (unless specific site or environmental conditions prevent connections).  

K.          The local street network shall connect all neighborhoods to the parks, civic areas, and mixed-use areas.

L.            The roadway network shall be designed and engineered to give equal access for vehicles, bicyclists, and pedestrians.

M.          Primary access points are identified on the Master Development Plan.  Precise locations of internal streets shall be determined through the site plan and/or subdivision review process.

N.          On-street parallel parking shall be encouraged on streets with in the CDO areas.  On-street parking standards shall comply with City of Leesburg Land Development Code standards for on-street parking (Article V, Sections 25-357 through 25-362). 

O.          All pedestrian crosswalks shall be clearly identified through signage, signalization or other appropriate identification measures as approved during the City of Leesburg Site Plan approval process.

P.            The following traffic calming measures may be incorporated where appropriate with approval of City staff:

1)               On-street parking

2)               Street trees

3)               Median plantings

4)               Varied paving patterns and materials

5)               Street lights

6)               Street furniture

7)               Stop signs

8)               Pedestrian-operated signals at crossings

9)               Clear signage

10)           Roundabouts

11)           Raised pedestrian cross-walks

Q.          The roadway alignment and development areas depicted as part of the Master Development Plan are conceptual and may be revised at the time of the plan review process.

R.           All public streets will be owned and maintained by the City of Leesburg.  Public streets shall be defined as roads and supporting infrastructures such as stormwater collection and retention facilities within rights-of-way or easements accepted for maintenance by the City.  Any streets in a gated area will be considered private streets and will be owned and maintained by a CDD, homeowners’ association(s), or similar entity.

S.            Access for the disabled shall be provided on all approaches at all intersections and at all pedestrian crossing areas.

 
15.      PEDESTRIAN AND BICYCLE SYSTEMS

A.        A bicycle/pedestrian pathway network shall interconnect the residential neighborhoods and the retail, light industrial, office, schools, civic, recreational, and conservation areas. 

B.        Pedestrian routes shall connect parks and open space.  Pedestrian spaces shall be designed as multi-functional spaces that encourage social gathering and interaction.  Adequate pedestrian seating, landscape, and shade cover as well as special visual focal elements shall be included within the parks and pedestrian spaces.

 

16.      SIGNAGE AND LIGHTING REQUIREMENTS

                A.    Signage

1)                  A master signage plan shall be reviewed concurrent with site plan approval.

2)                  All signs within the development shall be consistent with the master signage plan.

3)                  Signage standards shall comply with Article VI of the City of Leesburg’s Land Development Code.

           B.    Lighting

1)                  All lighting design shall comply with Article V, Section 25-321 of the City of    Leesburg Land Development Code.  In addition, the following standards shall apply:

a.                   Lighting design in parking lots and pedestrian areas shall utilize lighting fixtures approved by the International Dark Sky Association.

b.                  All light fixtures including security lighting shall be cutoff fixtures and should be incorporated as an integral design element that complements the design of the building and project through its design style, materials and color.

c.                   All cutoff fixtures shall not have more than one percent (1%) of lamp lumens above horizontal.

d.                  All lighting within parking and pedestrian areas shall be coordinated with the landscape tree plan to prevent canopy conflicts with the proposed or existing trees.

e.                   A lighting time control panel and photocell shall be provided on all new lighting systems in retail, office, and light industrial areas to provide automatic system shut-off after ordinary business hours. Full system shut-off excludes security lighting elements.

f.                    To provide appropriate lighting within a pedestrian area(s), the maximum light pole heights in all parking areas shall not exceed twenty-five feet (25’).

g.                   An exterior lighting design plan for the mixed-use, multi-family, retail, office, and light industrial areas, including a photometric plan, pole and fixtures schedules and a statement certifying that the design meets all design guideline compliance standards, shall be submitted for review and approval as part of the site plan approval process.

17.     CONCURRENCY

           The proposed land use change or approval would result in demands on public facilities which would exceed the current capacity of some public facilities, such as, but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities. However, no final development order (building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have     sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.

          A.      Utilities

                    1)       Projected Capacities

a.   The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant.  The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance.

b.   The development will require construction of new distribution mains, since existing facilities in the service area are not adequate.  Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction.  Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications.

c.   The City is in the process of Consumptive Use Permit renewal.  The application provides for anticipated demands due to this and other potential development

          B.      Commitment of Capacity

  There are no previous commitments of any existing or planned excess capacity.

C.      Ability to Provide Services

 1.        The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future.

 2.        The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process.  Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development.

3.        The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements.

 

18.      MISCELLANEOUS CONDITIONS

           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Develop­ment Conditions. Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Develop­ment amendment process.

           B.      No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes. 

       C.      Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

       D.      The transfer of ownership or lease of any or all of the property described in this PUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Development established and agrees to be bound by these conditions.  The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Land Development Code, as amended. 

E.     These PUD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor, and shall be subject to each and every condition herein set out.

F.      Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PUD are necessary.


Exhibit B

Legal Description

 

         

 

 

Exhibit C

Conceptual Development Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Exhibit D

Typical Housing Facades

 

 

 

 

 

Exhibit E

Typical Roadway Sections

 

                                       


Exhibit F

 

                                                                                                                      

                                    CITY OF LEESBURG        

                                 INCLUSIONARY HOUSING REQUIREMENTS

 

                                    DIVISION 1. PURPOSE AND INTENT

 

                                    Sec. 25-901     Purpose and Intent

The purpose of these conditions is to establish standards and procedures to ensure that residential and mixed use projects include a share of housing that is affordable to low and moderate income households, in proportion with the overall increase in new housing units.

 

DIVISION 2. DEFINITIONS

 

Sec. 25-902     Definitions

For the purposes of these conditions, the following words and phrases shall have the following meanings:

 

Affordable Housing is housing for which monthly mortgage payments (including taxes and insurance), or monthly rents (including utilities), do not exceed thirty percent (30%) of that amount which represents the percentage of the median adjusted gross annual income for the households qualifying under the definitions of very-low, low, and moderate income persons, as provided by the U.S. Department of Housing and Urban Development data provided annually to Lake County  by the Florida Housing Finance.

 

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit.

 

Affordable Housing Trust Fund shall have the meaning set forth in Section 25-915.

 

Affordable Housing Trust Fund Administrator means the City’s Housing and Economic Development Director.

 

Adjusted for household size means for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two bedroom unit, four persons in the case of a three bedroom unit, and an extra person for each extra bedroom.

 

Developer means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks City approvals for all or part of a residential or mixed use development including the Secret Promise DRI.

 

Density bonus means entitlement to build additional residential units above the maximum number of units permitted pursuant to existing Future Land Use classification.  Density bonus units may be constructed only in the development where the units of affordable housing are located.

 

Director means the City’s Community Development Director.

 

Eligible households shall be defined as those households living or working in the City of Leesburg (or who used to live in the city and wish to return for reasons of employment or family connections) and earning 30% - 120% of the median income for Lake County as adjusted by the City of Leesburg, based upon the most recently published HUD data. 

 

Fee In-lieu is the fee paid by the developer/owner of any primary development as an alternative to providing required low and very low inclusionary housing for sale within the primary development.

           

            Inclusionary housing agreement means a legally binding agreement between a developer and the City, in form and substance satisfactory to the Manager and City Attorney, setting forth those provisions necessary to ensure that the requirements of this chapter, whether through the provision of inclusionary units or through an alternative method, are satisfied.

 

Inclusionary unit means a dwelling unit that will be offered for sale to very low, low and moderate income households, at an affordable housing cost, pursuant to this chapter.

 

Low income households mean households whose gross income does not exceed 80% of the area median income of the MSA median income for Lake County. 

 

Maximum affordable sales price (MASP) is the initial maximum sales price of an inclusionary housing unit at the time of the effective date.  The sales price shall not exceed the maximum amount as defined in the Lake County SHIP Guidelines, as amended from time to time.

 

            Market rate units (MRU) means those dwelling units in a residential or mixed use development that are not inclusionary units,

 

Manager means the City Manager or designee.

 

Moderate income households mean households whose gross income is 80% to 120% of median income for Lake County.

 

Total housing costs means the total monthly or annual recurring expenses required of a household to obtain shelter.  For an ownership unit, total housing costs include the mortgage payment (principal and interest), homeowner’s association dues, taxes, mortgage insurance and any other related assessments.

 

Permanently affordable means affordable units for a period of no less than thirty (30) years and subject to an agreement between the developer and the City to maintain affordability.  Such agreement shall be referenced on the face of the deed recorded in the public records for Lake County and run with title to the property upon which the affordable unit is located. Each time an inclusionary unit is sold, a new agreement for 30 years of affordability shall be recorded in the public records on the face of the deed and in a separate agreement recorded in the public records of Lake County.

 

Primary development means a development of 50 or more housing units intended for sale and owner occupancy, required to provide inclusionary housing pursuant to this chapter.

 

Substantially rehabilitating means the rehabilitation of a dwelling unit(s) that has substantial building and other code violations, and has been vacant for at least six (6) months, such that the unit is returned to the City’s housing supply as decent, safe and sanitary housing.  This may include second stories above commercial businesses in the City of Leesburg.

 

Very low income households mean households whose gross income is less than 50% of the median income for Lake County.

 

DIVISION 3. GENERAL PROVISIONS

 

Sec. 25-903:    Applicability

These conditions shall apply to Secret Promise DRI for 50 or more residential dwelling units intended for owner occupancy. The Developer is subject to the requirements of this section for providing no less than 10% of the total number of residential dwelling units in the primary development as inclusionary housing units.  These units shall be eligible for development incentives as provided in accordance with Section 25-907 and alternatives as provided in Section 25-908.

 

For the purpose of this section, two or more developments shall be aggregated and considered as one development, if they are no more than ¼ mile apart and any two of the following criteria are met:

 

(A)           There is a common interest in two or more developments;

(B)            The developments will undergo improvements within the same five-year period;

(C)            A master plan exists, submitted to a governmental body, addressing all developments; All development share some infrastructure or amenities; and

(D)           A common advertising scheme addresses all development.

 

DIVISION 4. REQUIREMENTS

 

Sec. 25-904     Inclusionary Unit Requirements

The following requirements shall apply:

 

(A)              Number of inclusionary units required.  The Developer shall provide a minimum of 10% of the units at prices no greater than the MASP. For purposes of this section, accessory apartment units shall not be construed as a dwelling or residential unit, either for purposes of determining the number of inclusionary units required or the number of inclusionary units provided.

(B)              Calculation of required number of units.  The following standards shall be utilized in the calculation of the number of inclusionary units required to be provided:

 

1.             Density Bonus Units: For the purposes of calculating the number of inclusionary units required by the Section, any additional units provided through use of the density bonus incentives of this Section will not be counted in determining the required number of inclusionary units.

2.             Fractional Unit Requirements:  In determining the number of whole inclusionary units required, any fractional requirement shall be rounded up to the nearest whole number.

(C)              Location of inclusionary units.  Required inclusionary housing units shall be provided within the primary development except as provided in Sec 25-908 Alternatives.

(D)             Minimum design and construction standards for affordable units. Affordable housing units within market rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with other units.

(E)              Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

Market-rate Unit %

 

Affordable Housing Unit %

Up to 30%

 

None required

30% plus 1 unit

 

At least 10%

Up to 50%

 

At least 30%

Up to 75%

 

At least 50%

75% plus 1 unit

 

At least 70%

Up to 90%

 

100%

Fractions of units shall not be counted.

Example: The table above establishes the required schedule for completion of affordable units in conjunction with the completion of market rate units. For example, a 100-lot subdivision requires 10 affordable units. Assume all 10 affordable units are to be constructed on-site. Upon completion of the 30% of the  market rate units, the developer must construct at least 1 affordable unit (10% of 10). After completion of the 50% MRU’s the applicant must have constructed at least 3 affordable units (30% of 10), and so on.

Sec 25-905      Waiver of inclusionary housing requirements. 

(A)       The City Commission may grant waivers of requirements for inclusionary housing if the Commission finds that the application of this requirement would produce a result inconsistent with the goals and objectives of the City of Leesburg Comprehensive Plan pertaining to the development of the community.

(B)       In other cases, where compliance with the ordinance is impractical, the Developer may petition, through a developer's agreement process explaining why the applicant cannot meet the requirements of these conditions and how they intend to mitigate. The City Commission shall be empowered to make a quasi-judicial determination that substantial evidence exists to grant relief from the provisions of  these conditions if the Developer has shown through Sec. 25-910 Inclusionary Housing Plan the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the in lieu fee or the inclusionary housing requirement. 

 

 

Sec 25-906      Continued Affordability Requirements

            The Developer shall comply with the following provisions to ensure continued affordability of inclusionary units provided under these conditions.

 

            Term of Affordability.  All inclusionary homeownership units shall carry an initial term of 30 years of affordability commencing from the date of initial occupancy and upon resale the 30 year term of affordability shall begin again.  In the event a homeowner transfers title for the purpose of joining another in title (such that the  homeowner remains on the title and in joint possession of the house) the term of affordability does not begin again.  If a homeowner continues ownership for 30 years or more, the affordability requirement is extinguished. 

 

            Deed Restrictions.  Provisions to ensure continued affordability of inclusionary units shall be embodied in legally binding agreements and/or deed restrictions, which shall be prepared by the developer, but which shall not be recorded or filed until reviewed and approved by the Housing Trust Fund Administrator with such modifications as it may deem necessary to carry out the purpose of this article.

 

            Resale Restrictions.  Provisions to ensure continued affordability of inclusionary units offered for sale shall include a formula for limiting equity appreciation to an amount not to exceed 25% of the increase in the inclusionary unit’s value, as determined by the difference between fair market appraisal at the time of purchase of the property and a fair market appraisal at the time of resale, with such adjustments for improvements made by the seller and necessary costs of sale as may be approved by the Housing Trust Fund Administrator.

           

            Purchase Option.  Provisions for continued affordability of inclusionary units shall provide that the Housing Trust Fund or its designee shall have an exclusive option to purchase any inclusionary unit at appraised value when it is offered for resale for a period of ninety (90) days from the date on which the Housing Trust Fund Administrator is notified of the availability of the unit.

 

            Owner-Occupancy Restrictions.  Any person who purchases a designated affordable unit pursuant to this chapter shall occupy that unit as his or her principal personal residence for as long as he/she owns the affordable units.  Such occupancy shall commence within six months following completion of the purchase.

 

            Sublet Restriction. Subletting shall be prohibited.

 

            Any individual who sells or rents an inclusionary unit in violation of the provisions of these conditions shall be required to forfeit all monetary amounts so obtained.  Recovered funds shall be deposited into the Housing Trust Fund.

 

            In any action to enforce these conditions or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney’s fees and costs.

           

            Commentary: This Section provides language to ensure that the affordable housing units remain affordable by restricting resales for at least 30 years and by granting the City a right of first refusal to purchase the dwelling unit should a qualified purchaser, beyond the initial purchaser, not be found. The restrictions on resale are designed to encourage the homeowner to maintain and improve the property while at the same time ensure that if and when sold, the new qualified buyer is able to enjoy the same discount between sale price and appraised value. The resale restriction is intended to pass on the initial discounted rate enjoyed by the initial buyer to the new, qualified buyer.

 

DIVISION 5. INCENTIVES

 

Sec 25-907        Incentives for Provision of Inclusionary Housing

The density bonus provided herein shall only be effectuated consistent with Policy 3.1.3 of the City of Leesburg Comprehensive Plan.  To qualify for this bonus, the Developer must include a narrative in the development application describing how the design and orientation of the development seeking the density bonus is compatible with the surrounding land use character and the proposed development of the primary development.  This narrative shall address building size and massing, site layout and design, architectural characteristics and landscaping, as well as any other aspects of development that the applicant deems appropriate.  The bonus shall not be granted to units constructed off-site, land provided off-site, or payment in-lieu.

 

(A)       The Developer may utilize the following density bonus units for each inclusionary unit constructed at different household income levels:

 

1.        A very low income household unit qualifies the developer for five (5) bonus market rate units until a maximum of fifty (50) percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units.

2.        A low income household unit qualifies the developer for three (3) bonus market rate units until a maximum of twenty-five (25) percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units.

3.        A moderate income household unit qualifies the developer for one bonus market rate unit until a maximum of twenty-five (25) percent increase over current land use plan designation is achieved through the additional market rate units and inclusionary units.

 

                        Example

Density Bonus Units equals (If fee in lieu of construction is not used)

                        $1,750,000 for 10 additional market rate units for Very Low units $1,575,000 for 9 additional market rate units for Low units

                        $   875,000 for 5 additional market rate units for Moderate units

                        $4,200,000 Total for Density Bonus Units

 

(B)       To qualify for the bonus units, at least twenty-five (25) percent of the inclusionary units shall incorporate State and Uniform Federal Accessibility Standards (i.e. ADA compliant).

(C)       The inclusionary units are additional units and represent an increase over current land use plan designation only when the bonus density units are used.

(D)       Affordable housing density bonuses allocated consistent with the provisions of this section are conditioned upon the recordation of a restrictive covenant that maintains the units as affordable housing units for the income groups described above for a period consistent with county, state or federal guidelines.

(E)       In no instance shall density bonus units be allocated to parcels designated for residential densities of less than four (4) dwelling units per gross acre.

(F)       The provisions contained within this article shall be evaluated by the City Manager or his designee annually after the effective date of this section for their effect in the facilitation of development, including that of affordable housing.

(G)       Choice of Housing Type. Inclusionary housing units required by this Section as well as any provided through density bonus incentive shall be provided as owner occupied units such as single family, duplex, townhouse units, and condominium units, provided that the height, setbacks, massing and exterior appearance of the inclusionary units is consistent with other similar residential units within the development in which they are located.

           

DIVISION 6. ALTERNATIVES

 

Sec 25-908      Alternatives

It is intended that to the greatest extent feasible, the affordable units are provided by the developer within the market rate/primary development. However, upon request from the developer, in lieu of including the low and very low inclusionary units in the primary development, pursuant to Section 25-904, the requirements of this chapter may be satisfied through one or more of the alternatives set forth in this section.

 

In Lieu Fee

The requirements for low and very low inclusionary units may be met through the payment of a fee in lieu of construction, as follows:

(A)       The fee in lieu of construction shall be equivalent to 15% of the average proposed selling price of units within the development or the maximum affordable housing sales price allowed under the Lake County SHIP Home Buyer Program which ever is less at the time of payments. In no event shall the fee be less than $20,000 or exceed $35,000.

(B)       The fee in lieu is payable upon record plat approval of Phase III.

(C)       The Affordable Housing In Lieu Fee shall be deposited in the Affordable Housing Trust Fund of the City of Leesburg.

 

Example

100-Unit Development

10% Required affordable housing with

5% Reserved for Low and Very Low Income Buyers at

3% Low= 3 units

2% Very Low= 2 units

Total = 5 Low and Very Low units

With a mean (average) proposed sales price of $175,000

Maximum SHIP sales price for Lake County, $247,387 new construction)

$175,000 (The lesser of the two)

       x .15%

$26,250 per unit

x 5 units (Low to Very Low)

$131,250 payment in lieu due to the City for Low and Very Low units

           

Off-Site Units.  Upon application by the Developer and at the discretion of the City, the Developer may satisfy the requirement by providing inclusionary units in whole or in part, by constructing or substantially rehabilitating the required inclusionary units at a site different than the site of the primary residential development.  The alternative site must be located within the City limits or meet the requirements for annexation and approved by the Housing Trust Fund Administrator. The Developer shall demonstrate to the City that they have control of the off-site location through joint ownership, joint venture or other contractual means. 

 

Land Donation.  Upon application by the Developer and at the discretion of the City, the Developer may satisfy the requirement by providing inclusionary units in whole or in part by a conveyance of land to the Housing Trust Fund for the construction of the required inclusionary units.  Dedication of land in lieu of compliance with other provisions of this chapter shall be allowed only if:

 

(A)              The land is located within the City limits or meets the requirements for annexation; and

(B)              The value of the lot or lots to be dedicated is sufficient to make development of the otherwise required affordable units economically feasible, and financing or a viable financing plan is in place for at least the required number of affordable units; and

(C)              The lot or lots are suitable for construction of affordable housing at a feasible cost, served by utilities, streets and other infrastructure and there are no hazardous material or environmental constraints on the development of affordable housing on the lot or lots; and

(D)             The land to be conveyed is fully served with the infrastructure necessary for residential development on the property prior to its conveyance to the housing trust, or a bond or letter of credit is provided to ensure the completion of the necessary infrastructure; and

(E)              The land is free of any monetary liens, or any other liens, encumbrances or easements that adversely affect the parcel’s title.  All property taxes and special taxes must be current. The developer will pay all costs of recording and will provide the City with an owner’s policy of title insurance

 

DIVISION 7. EXEMPTIONS

 

Sec 25-909      Exemptions

The following residential uses are exempt from the requirements of these conditions:

 

(A)              Nursing homes, residential care facilities, assisted care living facilities, group homes, school dormitories and retirement homes.

           

            DIVISION 8. PROCEDURES

 

            Sec 25-910      Implementation Process

            The requirements of these conditions shall be implemented primarily through two documents: the Inclusionary Housing Plan and the Inclusionary Housing Agreement.  The Inclusionary Housing Plan described in Section 25-910       provides the basis for determining how the provisions of these conditions will be satisfied. The Inclusionary Housing Agreement, described in Section 25-910        sets forth the ongoing affordability and other restrictions applicable to the inclusionary units once they have been completed.

 

           


Sec 25-911      Compliance Procedures

            Approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement is a requirement of any preliminary plan or plat subject to the requirements of these inclusionary housing conditions.

           

            Sec 25-912      Inclusionary Housing Plan

            The inclusionary housing plan must include:

 

(A)              A brief description of the residential development including the number of market rate units and inclusionary units proposed and the basis for the calculation of the number of inclusionary units.

(B)              A site plan that includes the location of the inclusionary units (or lots or areas set aside for inclusionary units), setbacks and lot sizes for inclusionary housing units and other proposed development.

(C)              The structure type of inclusionary units (may be a range of types) to be provided.

(D)             The proposed tenure (owner occupancy) of inclusionary units to be provided.

(E)              The structure size (may be a size range) of the inclusionary units to be provided.

(F)               The mechanisms that will be used to assure that the units remain affordable, such as resale.

(G)             For inclusionary units to be provided off-site, the location, structure type and proposed tenure.

(H)             A phasing plan that provides for the timely development of the inclusionary units, or alternative compliance as the residential development is built out in accordance with the provisions in this ordinance. 

(I)                Any other information as may be necessary to demonstrate that the development complies with the provisions of this section.

           

            Sec 25-913      Inclusionary Housing Agreement

            The Inclusionary Housing Agreement will vary depending on how the requirements of these conditions are satisfied for a particular residential development.  The City’s standard form of the agreement may be obtained from the Community Development Department. All agreements shall include at a minimum the following information:

 

(A)              Indicate ownership of the residential development project.

(B)              The number and size of inclusionary units and location.

(C)              Provisions for resale or rental restrictions, monitoring affordability or the units, and the determination of eligible households.

(D)             The Inclusionary Housing Agreement shall be executed and recorded prior to the issuance of a building permit for all or any portion of the residential development.

 

            In the case where the requirements of these conditions are satisfied through the development of off-site units, the agreement shall simultaneously be recorded on title to the property where the off-site inclusionary units are to be developed.  Upon the completion of the inclusionary units and their occupancy by eligible households, the Inclusionary Housing Agreement shall be released from record title of the primary development site, but the continued affordability requirements shall be recorded in the public records in accordance with Sec. 25-906.

 

           


Sec 25-914      Process

            No approvals shall be issued for all or any portion of a residential development subject to these conditions until the Developer has submitted an Inclusionary Housing Plan.

 

No building permit shall be issued for all or any portion of a residential development subject to these conditions unless the City’s Housing and Economic Development Director has approved an Inclusionary Housing Plan, and the Inclusionary Housing Agreement (if required) is recorded.

 

            All inclusionary housing units in a residential development shall be constructed concurrently with the market rate units as required by Sec. 25-904 (H) of these conditions.

 

            DIVISION 9. AFFORDABLE HOUSING TRUST FUND

 

            Sec 25-915      Affordable Housing Trust Fund

            The City of Leesburg will establish an Affordable Housing Trust Fund. All fees collected under the provisions of these conditions shall be deposited into a separate account to be designated the City of Leesburg Affordable Housing Trust Fund. The fees collected under these conditions, and all earnings from investment of the fees, shall be deposited within this fund and shall be expended exclusively to provide or assure continued provision of affordable housing in the city through acquisition, construction, development assistance, rehabilitation, down payment assistance, owner-occupied rehabilitation, financing, or other methods, and for costs of administering programs which serve those ends. 

 

            DIVISION 10. ADMINISTRATION

 

            Sec 25-916      Administration Fees

            The City Commission will by resolution establish reasonable fees and deposits for the administration of these conditions.

 

            Sec 25-917      Administration

            The provisions of these conditions shall be administered by the Housing and Economic Development Department. The provisions of this chapter shall be reviewed annually by the Housing & Economic Development Department which may make recommendations to the City Commission for revisions in response to housing or economic conditions in the community.

 

DIVISION 11. SEVERABILITY

 

If any portion of these conditions are declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of these conditions, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of these conditions shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.