AGENDA MEMORANDUM

 

MEETING DATE:   September 14, 2009

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Resolution adopting a Development Order (DO) for Secret Promise Development of Regional Impact (DRI)

 

 

Staff Recommendation: 

The Planning staff recommends approval of the attached document entitled, “Resolution of Leesburg City Commission Adopting a Development Order for Secret Promise Development of Regional Impact”.

Analysis:

The attached Development Order meets the requirements for Developments of Regional Impact (DRIs) per Florida Statutes.  The terms and conditions are the result of recommendations of the East Central Florida Regional Planning Council, as well as a thorough multi-agency review process.  As required by the state, the concurrent Comprehensive Plan Amendments are being heard in conjunction with the DO.

Options:        

1.         Approve the Development Order and adopt the attached Resolution.

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

Fiscal Impact:

There 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:   Yvette L. Brandt, AICP                     

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW____

 

Finance  Dept. ___________JB_____                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

          RESOLUTION FOR THE SECRET PROMISE DRI

TABLE OF CONTENTS

                                                                                                            (Page numbers need revising)

SECTION I.              FINDINGS OF FACT......................................................................... 4

SECTION II.             CONCLUSIONS OF LAW.................................................................. 6

SECTION III.           CONDITIONS AND RESTRICTIONS............................................. 7

SECTION IV.           DEVELOPMENT ORDER CONDITIONS...................................... 11

                  A.              Application............................................................................................ 11

                  B.               Buildout Date of the Development....................................................... 11

                  C.               Development......................................................................................... 12

                  D.              Surface and Ground Water Management............................................... 13

                  E.              Wildlife Systems.................................................................................... 13

                  F.               Managed Wildlife Corridors................................................................... 15

                  G.              Water Quality........................................................................................ 17

                  H.              Conservation of Water.......................................................................... 18

                  I.                Natural Systems.................................................................................... 20

                  J.                Wetlands............................................................................................... 21

                  K.              Wildlife Management Plan.................................................................... 22

                  L.               Historical Preservation.......................................................................... 24

                  M.              Water Supply......................................................................................... 24

                  N.              Wastewater............................................................................................ 24

                  O.              Solid Waste........................................................................................... 25

                  P.               Emergency Services.............................................................................. 25

                  Q.              Air Quality............................................................................................ 25

                  R.               Hazardous Substances........................................................................... 26

                  S.               Transportation/Mass Transit................................................................ 26

                  T.               Schools.................................................................................................. 43

                  U.              Energy................................................................................................... 43

                  V.              Affordable/Workforce Housing............................................................ 44

                  W.              Annual/Biennial Reports...................................................................... 44

                 

 

EXHIBITS............................................................................................................................... 47

Exhibit A ................... Legal Description of the Secret Promise DRI

Exhibit B ................... Master Development Plan, and Land Use Allocation/ Phasing Tables

Exhibit C ................... Land Use Entitlement Conversion Table

Exhibit D…………….Wildlife Management Plan

Exhibit E ................... City of Leesburg Inclusionary Housing Requirements

 

 

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ADOPTING A DEVELOPMENT ORDER (DO) FOR SECRET PROMISE DEVELOPMENT OF REGIONAL IMPACT (DRI); AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, Secret Promise is located in the City of Leesburg, Florida, which is in Lake County, and consists of approximately 3,747 acres, which will include a mixture of residential, commercial, industrial, public and recreational uses.  The proposed project is bounded by the Florida Turnpike to the northeast, Leesburg Highway (CR 48) to the southeast, Sumter County border to the west, and CR 470 to the north.  The project is directly south of the new Florida Turnpike interchange with CR 470.  For purposes of this Development Order (DO), the term “Developer” shall include Benderson Development Company, LLC, one or more community development districts established pursuant to Chapter 190, F.S., and the successors and/or assigns of the listed entities; and

            WHEREAS, in November, 2005, the Developer, presented a Pre-Application Conference Project Summary; and on July 31, 2006 the Developer submitted an Application for Development Approval for the Secret Promise DRI (“DRI-ADA”), pursuant to Chapter 380.06, F.S., on real property located in The City of Leesburg, Florida, as described in Exhibit A attached hereto and by this reference incorporated herein as the "Property", with the City; and

            WHEREAS, the Developer or its successors in title proposes to build a mixed use development within the City of Leesburg consisting at build out of 6,800 residential units (single family and multi-family), 1,600,000 SF of retail/service, 1,500,000 square feet of office, 500,000 square feet of light industrial, 200 assisted living units, 400 hotel rooms as well as institutional, educational uses and related roads, wetlands, buffer areas, stormwater retention and open space for a total project area of 3,747 acres.  The Secret Promise DRI is herein referred to as the “Development” and described in Exhibit A; and

            WHEREAS, the Developer is extending the phasing and buildout dates within the ADA by 5 years in accordance with Section 380.06(19)(c), F.S.; and

            WHEREAS, the Developer anticipates establishing one or more community development districts (“CDDs”) pursuant to Chapter 190, F.S., to assist in the provision and/or maintenance of infrastructure and/or services; and

            WHEREAS, the Leesburg City Commission (sometimes referred to as the City), as governing body of the local government having jurisdiction, is authorized and empowered to consider DRIs; and

            WHEREAS, the entitlements for the property were originally established through a settlement agreement with the Department of Community Affairs.  The proposed project reduces the development entitlements on the property and will create fewer impacts; and

            WHEREAS, comprehensive plan amendments to assure consistency between the DRI and the City of Leesburg Comprehensive Plan are being adopted contemporaneously pursuant to the requirements of Section 380.06(6)b, F.S., and this DO is subject to those comprehensive plan amendments.  Those comprehensive plan amendments will reduce the density and intensity on the site and create a mixed use project; and

            WHEREAS, for DRI purposes, the public notice requirements of the City and Section 380.06 (11), F.S., have been satisfied and notice has been given to the Department of Community Affairs (DCA) and the East Central Florida Regional Planning Council (ECFRPC) on August 19, 2009; and

            WHEREAS, the City, on on September 14, 2009; held duly noticed public hearings on the DRI-ADA, and has heard and considered the testimony and documents received therein; and

            WHEREAS, the City has afforded the public the opportunity to participate in the application hearing on the subject DRI before it, and received and considered the public input; and

            WHEREAS, the City has reviewed the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public; and

            WHEREAS, this DO shall constitute the development order required by the policies in the comprehensive plan amendments.

            NOW, THEREFORE, BE IT RESOLVED BY THE City Commission of the City of leesburg, FLORIDA, IN PUBLIC MEETING DULY CONSTITUTED AND ASSEMBLED THIS 14TH DAY OF SEPTEMBER, 2009, THAT THE SECRET PROMISE DRI IS HEREBY APPROVED, EFFECTIVE AS SPECIFIED HEREIN, BASED UPON AND SUBJECT TO THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW AND CONDITIONS/RESTRICTIONS.

            SECTION I.  FINDINGS OF FACT

            A.        The real property that is the subject of the Application is comprised of 3,747 acres and is located in The City of Leesburg, and more specifically described in the legal description of the property in Exhibit A and generally depicted in Map H provided as Exhibit B both attached to this DO and incorporated herein, and the Developer is the owner or has the authority to file the DRI-ADA and obtain a DRI Development Order with respect to the Property, in accordance with Chapter 380.06, F.S.

            B.         The Developer submitted to the City of Leesburg the DRI-ADA, which consisted of The Secret Promise DRI Pre-Application Summary dated November, 2005, the Secret Promise DRI-ADA dated July 31, 2006, the Secret Promise DRI First Sufficiency Response dated July 13, 2007, the Secret Promise DRI Second Sufficiency Response dated December 11, 2007, the Secret Promise Third Sufficiency Response dated March 21, 2008, all of which have been relied upon by the City of Leesburg and which are herein incorporated by reference without the necessity of their being made a composite exhibit.  To the extent the DRI-ADA is inconsistent with the terms and conditions of this DO, this DO controls.

            C.         The proposed Development is not located in an area of critical state concern as designated pursuant to Chapter 380.05, F.S.

            D.        A comprehensive review of the impact generated by the Development has been conducted by the ECFRPC, the City of Leesburg Local Planning Agency (LPA), City Departments, DCA, other local governments and agencies of the State of Florida, and objections, comments and recommendations have been received from these entities.

            E.        The Developer proposes to build a mixed use development consisting at build out of 6,800 residential units (single family and multi-family), 1,600,000 SF of retail/service, 1,500,000 square feet of office, 500,000 square feet of light industrial, 200 assisted living units, 400 hotel rooms as well as institutional, educational uses and related roads, wetlands, buffer areas, stormwater retention and open space for a total project area of 3,747 acres located in the City of Leesburg and described in Exhibit B.

            F.         The Developer, through the DRI-ADA and this DO, has entered into a binding commitment to provide for the construction of all on-site infrastructure necessary to support the Development.  The Developer has scheduled the Development to ensure that the public facilities and services will be concurrent with the impacts of the Development where applicable, at the level of service standards adopted in the City of Leesburg Comprehensive Plan.

            G.        The Developer has committed, as described in the DRI-ADA, to provide or cause to be provided, centralized potable water facilities, centralized wastewater facilities, and on-site stormwater management facilities.  Centralized water and wastewater facilities shall be provided by the City of Leesburg Utilities Department. 

            H.        The primary access to the Development will be from County Roads 470 and 48, which are currently two-lane, undivided roadways.

            I.          The DRI-ADA was determined to be sufficient based on the request of the Developer at the submission of the third sufficiency response which was received by the ECFRPC, the City of Leesburg and DCA on March 21, 2008 and that the data and information contained within the DRI-ADA were sufficient for the City of Leesburg to perform the impact review required by Section 380.06, F.S.

            J.          The Development is consistent with the adopted State Comprehensive Plan and the adopted City of Leesburg Comprehensive Plan.  As specified in the DRI-ADA and this DO, the Development will further the goals and policies of the State Comprehensive Plan and the East Central Florida Strategic Regional Policy Plan.

           

 

            SECTION II.             CONCLUSIONS OF LAW

            A.        The DRI-ADA, as submitted, complies with the requirements of Section 380.06, F.S., and Chapter 9J-2, Florida Administrative Code (F.A.C.)

            B.         The City of Leesburg’s review of the DRI-ADA has been conducted pursuant to and in compliance with the provisions of Section 380.06, F.S.

            C.         The review by the City of Leesburg, the ECFRPC and other participating agencies and interested citizens reveals that impacts are adequately addressed pursuant to the requirements of Section 380.06, F.S., within the terms and conditions of this DO and the DRI-ADA.

            D.        The Development, as approved in this DO, is consistent with the Report and Recommendations of the ECFRPC, local land development regulations, the adopted City of Leesburg Comprehensive Plan, as it has been amended, and State Comprehensive Plan, and will not unreasonably interfere with the achievement of objectives of the East Central Florida Strategic Regional Policy Plan or state agency plans applicable to the area or Development.

            E.        Unless specifically provided herein, the provisions of this DO shall not be construed as a waiver or exception of any rule, regulation or ordinance of the City of Leesburg.  Development shall be in accordance with the DO, the Application pursuant to Section IV.A. herein, the City of Leesburg Land Development Regulations and Code of Ordinances and any other applicable regulations and ordinances of the City of Leesburg.

            F.         This DO constitutes final approval of the Secret Promise DRI as specified in Exhibit B attached to this DO and incorporated herein.

            G.        These proceedings have been duly conducted pursuant to applicable law and regulations, and, based upon the record in this proceeding, the Developer and the various departments of the City are authorized to conduct development as described herein, subject to the conditions and restrictions set forth herein.

            SECTION III.           CONDITIONS AND RESTRICTIONS.

            A.        GENERAL.

                        1.         This DO shall be effective upon the effective date of the Comprehensive Plan Amendment adopted to provide for the Secret Promise DRI or the expiration of the 45 day appeal period, whichever is later, provided, however, that filing of a notice of appeal pursuant to Section 380.07, F.S., will stay the effectiveness of this DO.

                        2.         The real property that is the subject of the Application is comprised of 3,747 acres and is located in the City of Leesburg, Florida, and more specifically described in the legal description of the property in Exhibit A and generally depicted on Map H provided as Exhibit B attached to this DO.

            B.         Except for terms defined herein, the definitions contained in Chapter 380, F.S., and Chapter 9J-2, F.A.C., shall govern and apply to this DO.

            C.         This DO shall be binding upon and shall be for the benefit of the Developer, its assignees, or successors in interest, including any entity that may assume any of the responsibilities imposed on the Developer by this DO.

            D.        Whenever this DO provides for or otherwise necessitates reviews, approvals, or determinations of any kind subsequent to its issuance, the right to review and approve includes all directly affected governmental agencies and departments set forth under applicable laws and rules.  However, this language shall not be construed to apply to obtaining permits required from federal, state, regional, or local agencies which would otherwise be required for the activities involved in the Development.

            E.        In each instance where the Developer is responsible for ongoing maintenance of privately owned facilities or infrastructure, the Developer may assign any or all of its responsibilities to improve, maintain and operate those facilities to an appropriate entity able to fulfill such responsibility consistent with statutory and rule requirements and the conditions of this DO. 

            F.         As provided for herein, any change in the plan of development or provisions of this DO will be submitted by the Developer to the City of Leesburg, DCA, the ECFRPC and such additional parties as may be appropriate or required by law.  The proposed change will be reviewed pursuant to the provisions of Subsection 380.06(19), F.S. but may not require a substantial deviation determination depending on the applicable provisions of the statute.  In addition, changes as submitted shall be reviewed under, and subject to, requirements of the local government comprehensive plan and agency rules and regulations in effect at the time the proposed changes are submitted.

              G.       The City of Leesburg will monitor the Development to ensure compliance with the terms, general provisions, and conditions of this DO.  The City Manager or his/her designee will monitor the Development through the review of the Annual/Biennial Report, building permits, certificates of occupancy, plats, if applicable, or any other relevant and factual information.

              H.       The Developer may increase or decrease the amount of a particular land use within the approved development program without amending the DO by using the Conversion Table attached as Exhibit C.  Use of the Conversion Table may not exceed 10% of the approved development amounts in Section IV.C.1. of this development order  and must be consistent with the City of Leesburg’s Future Land Use Element Policy 1.14.9, unless the DO is amended to accommodate such a change.  Greater changes than those discussed above shall be considered cumulatively, and shall be subject to normal DO amendment processes.  Additionally, the change must address changes to potable water usage and identify if the potable water capacity and allocation under the applicable consumptive use permit are available.  Use of the Conversion Table shall not provide the ability to exceed the Development impacts analyzed in the DRI Application as described in IV.A. below.  Any time the Conversion Table is used, DCA, ECFRPC, the City, Lake County, Sumter County, the Florida Department of Transportation (FDOT) and the St. Johns River Water Management District (SJRWMD) must be provided notice at least 30 days in advance of use of the Conversion Table.  Use of the Conversion Table will be reported and development impacts documented in the Annual/Biennial Report.  Changes shall be reflected in the next amendment to the DO.

            I.          The Developer shall file Reports in accordance with Subsection 380.06(18), F.S.  Reports shall be due annually for the first five years and biennially thereafter for the life of the DO.  The Annual/Biennial Report is due on May 1st

            Annual/Biennial Reports shall be submitted for review to the City of Leesburg, Lake County, DCA, the ECFRPC, the Florida Fish and Wildlife Conservation Commission (FWC), the Florida Department of Transportation (FDOT), the St. Johns River Water Management District (SJRWMD), the Florida Department of Environmental Protection (FDEP), and such additional parties as may be appropriate or required by law.  The contents of the report shall include those items required by this DO and by rule of the Department.

            The Annual/Biennial Report shall contain the following:

1.         All of the information required under Rule 9J-2.025(7), F.A.C.;

2.         Documentation concerning the use of the conversion table as required in DO Section III.H.

3.         Documentation concerning the status of environmental and wildlife issues as specified in DO Section IV.K.4.

            J.          Within fifteen days of the effective date of this DO, the Developer shall cause a Notice of Adoption of this DO to be recorded in the Public Records of Lake County and shall not convey any portion of the Development, other than those conveyances required herein or by a public entity (such as the City, Lake County, the SJRWMD, etc.), prior to recordation of the Notice of Adoption.  The Developer shall transmit copies of the recorded Notice of Adoption of this DO to the City of Leesburg Planning Department, DCA and the ECFRPC within fifteen days following receipt of the recorded Notice of Adoption of this DO.

            K.        The City of Leesburg agrees that the approved DRI shall not be subject to down zoning, density reduction, or intensity reduction after the effective date of this DO, unless the City can demonstrate that substantial changes in the conditions underlying the approval of the DO have occurred, or that the DO was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by the City to be essential to the public health, safety or welfare.

            Section IV.           Development Order Conditions

            A.        Application

                        1.         The Secret Promise DRI shall be developed in accordance with the information, data, plans, and commitments contained in the Application unless otherwise directed by the conditions enumerated herein.  For the purpose of this condition, the Application shall consist of the following:

a.         The Secret Promise DRI-ADA dated July 31, 2006.

b.         The Secret Promise DRI First Sufficiency Response dated July 13, 2007.

c.         The Secret Promise DRI Second Sufficiency Response dated December 11, 2007.

d.         The Secret Promise DRI Third Sufficiency Response dated March 21, 2008

            B.         Buildout Date of the Development Order

                        1.         The buildout date for the DO is December 31, 2025.  The expiration date of the DO shall be December 31, 2028.  Additionally, Developer must have substantially proceeded with the development approved herein by December 31, 2014, otherwise the development approval shall terminate. 

                        2.         For the purposes of this DO, "substantially proceed" shall mean that the Developer shall have constructed or cause to be constructed the equivalent of 50 residential units.

            C.         Development

                        1.         The Developer is hereby authorized to develop the property located in the City of Leesburg as shown in the legal description (Exhibit A) as listed below and specifically as provided in the Master Development Plan and depicted on Map H (Exhibit B).

 

 

 

 

 


 

Land Use

 

Amount

 

Acreage

Single-Family Housing

3,832 dwelling units (with no more than 1,736 dwelling units as age restricted)

1,432

Multi-Family Housing

2,968 dwelling units (with no more than 1,064 dwelling units as age restricted)

Assisted Living

200 units

24

Light Industrial

500,000 gross square feet

64

Office

1,500,000 gross square feet

199

Retail and Service

1,600,000 gross sq. ft.

163

Hotel

400 Rooms

 

Institutional

50,000 gross sq. ft.

64

Remaining lands including Open Space, Community Park,  Wetlands and public facilities

   N/A

1,801

 

The acreage numbers above are approximate and subject to change based on permitting, design and engineering requirements.  Minor changes in acreage are therefore not subject to the NOPC process.

 

                  2.         Development within the City of Leesburg will occur in three phases: the first phase will be 2009 – 2014, the second phase will be 2015 – 2018, Phase 3a will be 2019 – 2022 and Phase 3b will be 2023 – 2025 pursuant to the Master Development Program on Map H (Exhibit B).  These dates reflect the use of a five year extension beyond the dates  established in the ADA and are in accordance with Section 380.06(19)(c), F.S.  This extension shall be viewed cumulatively with any future extensions pursuant to Section 380.06 (19) (c), Florida Statutes.

                        3.         Buildout is projected for December 31, 2025.

            D.        Surface and Ground Water Management

                        1.         Stormwater/drainage retention areas (DRAs), including either “wet” or “dry” DRAs will be designed and constructed according to all specifications and conditions as stated in the Application and in accordance with applicable permits and normal and accepted engineering practices.       

                        2.         Only stormwater collection and retention facilities necessitated by City or County roads will be maintained by the local government with maintenance authority.  Any stormwater collection and control structures not within rights-of-way or easements accepted for maintenance by the City or County shall be maintained by the Developer, private maintenance entity or a public entity. The Developer shall provide to the City or County, as appropriate, perpetual use of the retention areas included in the approved design for discharge of stormwater collected within the road rights-of-way.

            E.        Wildlife Systems

                        1.         Except as otherwise allowable by this DO or by permits obtained by the Developer from the Florida Fish & Wildlife Conservation Commission (FWC) or the U.S. Fish and Wildlife Service (FWS), site development related activities shall not result in the harming, pursuit or harassment of plant or animal species classified as Endangered, Threatened or a Species of Special Concern by either the state or federal government in contravention of applicable state or federal laws. Should such species be at any time determined to be residing on, or be otherwise significantly dependent upon the project site, the Developer shall immediately notify FWC, and/or FWS, as applicable and to the extent required by laws and regulations, the Developer shall cease all activities which might negatively affect that individual or population. The Developer shall provide proper protection, to the satisfaction of all agencies with jurisdiction, as required by statute or regulation.  "Harming" and "harassment" as used in this recommendation shall be defined in the same manner as "harm" and "harass" respectively are defined in 50 CFR Section 17.3.

                        2.         As part of development approval, a baseline survey of protected species number and diversity has been conducted.  The survey methodology was in accordance with regulatory guidelines. The purpose of the baseline survey was to document protected species observed on site.  The results of the survey were reviewed and approved by the appropriate (FWC and FWS) wildlife agencies.  A wildlife management plan was developed based on survey results and agency input to minimize the effects of development on protected species over time. 

                        3.         Scrub jays, sandhill cranes, southern bald eagles, burrowing owls, gopher tortoises, American alligators and Sherman’s fox squirrel have been documented on site. Prior to initiation of the permitting process for each phase of the project, aerial and/or pedestrian survey(s) shall be conducted during the nesting season to document the occurrence of protected species.  If these species and any other protected species are found nesting on or adjacent to the site during construction of the project, then adequate upland buffers shall be provided, as required by FWC and/or FWS, as applicable, pursuant to the statutes and regulations of those agencies.

                        4.         To provide additional foraging habitat for wading birds, the proposed stormwater ponds shall be constructed with vegetated littoral zones using native plant species.

                        5.         Gopher tortoise, burrowing owl, and Sherman’s fox squirrel (SFS) populations are known to occur within the property. Prior to development activities, permits and/or approvals for development, as applicable, from the FWC and FWS (if required) shall be obtained. The use of preserved habitats shall be maximized on site both for the preservation as well as for the perpetuation of the gopher tortoise, burrowing owls, SFS and commensal species. Habitat available as a result of upland buffers or set asides along the wetlands, uplands associated with managed land for wildlife corridors, and other open space areas conducive to the habitat needs of these species shall be used for on-site relocation of tortoises, burrowing owls, SFS and commensals, if allowed by the regulatory agencies. Management of these areas for these species will aid in maintaining viable populations on the project site. The gopher tortoise, burrowing owl, SFS management program shall entail the following elements, in order of priority unless prohibited by the FWC or other regulatory agency:

a.         Primary consideration is on-site relocation to designated areas suitable for gopher tortoises, burrowing owl, SFS and management of the species;

b.         Relocation off site (if allowed under rules in effect at the time of permitting) to an FWC-approved recipient site

                        6.         Additional surveys for listed species utilizing methodologies approved by the FWC and FWS, as applicable, must be conducted prior to commencement of physical development of the site.  Results from the surveys shall be submitted to FWC, the City of Leesburg and/or FWS, as applicable. All necessary permits and/or approval shall be obtained from the FWC and/or the FWS, as applicable, prior to construction activities for these areas.  As a result of these surveys if additional mitigation is required, then the approved additional mitigation shall be incorporated into the DO within the next DO amendment.  A separate NOPC will not be required to incorporate the mitigation.

                        7.         The Developer shall include restrictions in homeowners’ association documents that prohibit free-ranging pets.

            F.         Managed Wildlife Corridors

                        1.         Development plans shall delineate and identify areas managed for wildlife corridors (environmentally sensitive areas) and associated crossings through the Secret Promise DRI property such that wildlife can move through needed upland and wetland habitat types, such as wetland/environmentally sensitive corridors. Exhibit 4 of the Land Management Practices Map and Exhibit 1 (incorporated into the Wildlife Management Plan and attached to this DO as Exhibit D) indicate upland management activities intended to allow passage for wildlife. 

                        2.         The Developer must create provisions for wildlife connectivity across or under roadways that traverse wetland systems and associated upland buffers.  This must include eco-passages that address movement of likely-occurring wildlife, reduced speed limits, signage illustrating the presence of wildlife, and consideration of reduced lighting. Wildlife crossings under roadways, reduced speed limit and wildlife presence signage have been approved and are depicted in Exhibit 4 (Land Management Practices Map). In addition, Exhibit 1 (incorporated into the Wildlife Management Plan, Exhibit D) indicates upland management activities intended to allow passage for wildlife.  On-site linkages to off-site wildlife areas must be integrated with the regional transportation network, and planned under the assumption that the future redesign of existing (off-site) roads will allow wildlife movement.

                        3.         Road and pedestrian crossings of the wetland and environmentally sensitive corridors shall be minimized to the maximum extent possible over wetlands and floodplains and be designed to allow for unimpeded passage of wildlife. The design of the road shall be such that the pre-development hydrological conditions shall be maintained. Crossings shall be located at the narrowest crossing point (unless this creates a safety hazard as determined by the City engineer) or along existing field roads and shall require appropriately sized box culverts and bottomless culverts. Plans for all roadway crossings shall demonstrate that adequate measures have been taken to allow movement of wildlife through the wetland corridors during seasonal high water events implementing measures committed to in the ADA and subsequent submittals. Plans for wildlife crossings shall be submitted to the permitting agencies for review and approval during the final design and permitting of the property.


            G.        Water Quality

                        1.         The Developer, or its assigns, shall establish and implement an inspection and maintenance program for the Project’s surface water management system to assure proper operation of all components at their permitted design specifications, to include schedules for the performance of:

                                    a.         Stormwater facility operating inspections on a regular basis;

                                    b.         Routine maintenance activities (e.g., mowing, trash removal, etc.);

                                    c.         Periodic removal of accumulated silts and other materials;

d.         Ongoing educational programs for maintenance staff personnel shall be conducted regarding the correct usage of and application rates for fertilizers and chemical (e.g., herbicides, pesticides) on common landscaped areas, the removal of noxious weeds and retention of desirable aquatic vegetation, and correct procedures for other maintenance/landscaping-related activities which have the potential for adversely affecting water quality conditions on or off the Project site. All runoff from “back of house” storage areas should be contained at the source or treated to the appropriate water management district’s standards.

                        2.         The Secret Promise DRI shall incorporate the latest in best management practices in stormwater technology, such as planting swales within the medians of parking areas, use of pervious pavers and swales. Rain gardens and green roofs are also encouraged within the site.


            H.        Conservation of Water

                        1.         A Waterwise approach shall be used throughout the landscaped areas of the development that includes at least 75% of the landscaped vegetation being planted in drought-tolerant or native vegetation varieties. Landscaped area is defined as any pervious area within the proposed development that will be altered due to the development, exclusive of pervious area within wetlands, wetland buffers, vegetative buffers between land uses, stormwater systems and required preservation areas. Native or drought-resistant plants include those in the Florida Native Plant Society’s list of native landscape plants for Lake County, available at http://www.fnps.org/pages/plants/landscape_plantrs.php; A Gardner’s Guide to Florida’s Native Plants (Osorio 2001); SJRWMD Waterwise Florida Landscapes, available at http://www.sjrwmd.com/waterwiselandscapes; or other comparable guidelines.  No St. Augustine grass shall be used on new development.

                        2.         The Developer shall follow best management practices for landscape installation, irrigation, and fertilizer and pesticide application, specifically addressing:

a.         Appropriate type of fertilizer to avoid the release of excess nutrients,

b.         Rate and frequency of application,

c.         Appropriate watering schedules,

d.         Preferred plant materials,

e.         Landscape design that minimizes the impacts of fertilizer applications, and

f.          Design and maintenance of drainage control systems.

                        3.         The Developer shall provide information on Waterwise landscaping and native vegetation and drought-tolerant vegetation to all residents.

                        4.         All available lower-quality sources of water, including storm water, surface water, and reclaimed water, must be distributed for use or used throughout the DRI in place of higher-quality water sources, when deemed feasible, pursuant to District rules and applicable state law.

                        5.         A distribution system for nonpotable water (storm water, surface water, and reclaimed water) shall be installed and maintained throughout the entire project area concurrent with development of the project for all land uses in the project (residential and nonresidential). The nonpotable distribution system shall be developed in parallel to the potable water system and maintained for utilization when sufficient quantities of surface or reclaimed water are available for irrigation. Irrigation systems installed in the development shall be designed to accept reclaimed water. 

                        6.         No Floridan aquifer wells shall be used for irrigation. Groundwater from the surficial aquifer may only be used on a temporary basis until reclaimed water is available or on-site stormwater and surface water facilities are developed.

                        7.         Multifamily residential units shall use submeters for potable water, and all other uses shall be individually metered.

                        8.         Only water-conserving devices, fixtures, and appliances shall be installed in all residential and nonresidential buildings and structures.

                        9.         Separate irrigation zones shall be required for all land uses (residential and nonresidential) to avoid irrigation of native or drought-tolerant vegetation when irrigating the turf zone(s). Areas where native or drought-tolerant vegetation are planted shall not be on a permanent irrigation system. All irrigation systems shall utilize rain sensors or soil moisture sensors per Florida Statutes to override unnecessary irrigation events.

                        10.       The ECFRPC encourages the local governments to resolve regional water availability issues with the Developer and the SJRWMD prior to commencement of each phase.

            I.          Natural Systems

                        1.         The on-site wetland systems, upland preserves, upland buffers, mitigation areas and managed wildlife corridors shall be placed in a conservation easement in phases in accordance with the SJRWMD approved conceptual permit and identified as a separate tract in accordance with the requirements of the SJRWMD, the U.S. Army Corps of Engineers (ACOE), and City of Leesburg. Developmental uses of this area shall be restricted by the Conservation Easement conveyed to the SJRWMD, ACOE, FWC, City of Leesburg, or other conservation oriented agency acceptable to City of Leesburg. Any use of this area shall be limited to those permitted by SJRWMD, the ACOE, and City of Leesburg and which can be constructed and maintained in such a manner that adverse impacts to wetlands and habitat protection areas are avoided. Nothing in the language of the Conservation Easement shall preclude the Developer or other entity designated by the Developer from performing maintenance or management of these lands as long as these activities are consistent with the limitations set forth in the applicable resource permits. All such areas will be administered and managed by an entity identified in the applicable resource permits. Such entity shall have the power to assess and lien property owners within the Secret Promise DRI property development for the purpose of insuring adequate funding to implement the purposes set forth herein.

                        2.         Designated preserves, conservation buffers, managed wildlife corridors, and the edges of retained wetlands shall be inspected at least annually for the establishment of any Category 1 Invasive Plant Species, as defined by the Florida Exotic Pest Plant Council (FLEPPC). Should any such plants be observed during the scheduled annual review or during any unscheduled review, then they shall be systematically removed and destroyed within 30 days to prevent further propagation.

                        3.         As provided in other provisions of this DO, to ensure that viable environmental communities are sustained during and after development, the Secret Promise DRI property shall identify key unprotected areas for protection through mechanisms including development buffers, conservation easement, and/or requiring that all development use ecologically friendly design by promoting conservation, creating nature trails and boardwalks, providing educational opportunities, and promoting designs that are environmentally friendly. Design will maintain viable habitat areas to include natural vegetation, transitioning through passive uses, and minimize fragmentation of natural resources.

                        4.         Site development standards shall promote preservation of wildlife during construction and focus on the provision of useable habitat post development. Such site development standards include but are not limited to monitoring, low voltage lighting, berms, and fencing. Post construction measures may include, but are not limited to native plantings, low voltage lighting, berms, fencing, and controlled burns.

            J.          Wetlands

                        1.         During the permitting of the site, wetland impacts from the development shall be avoided and minimized to the greatest extent practicable.  Unavoidable impacts associated directly with the project shall be mitigated via a combination of on-site preservation and enhancements including but not limited to:

a.         Preservation of wetlands in a conservation easement; and

b.         Removal of nuisance and/or exotic vegetation and wildlife within wetland and upland buffer areas;

                        2.         In order to protect surface water quality and quantity and to provide habitat for semi-aquatic or water-dependent terrestrial wildlife, upland buffer areas of native vegetation shall be maintained in accordance with the approved practices depicted on Exhibit 4 of the attached Wildlife Management Plan and attached Exhibit 1 (see Exhibit D), landward of the state jurisdictional wetland line for all preserved wetlands.

                        3.         Regionally significant wetlands, other preserved wetlands, and their associated upland buffers shall be placed under conservation easement and/or deed restriction. Wetland buffers shall be a 25 ft. minimum and a 50 ft. average with credit given for large upland areas being preserved around and within wetlands. The conservation easements may be conveyed in conjunction with the state permitting, but in no instance shall be delayed until after construction begins for each parcel permitted.

                        4.         No activity shall be allowed within wetland buffer zones unless the proposed activity can be shown to not pose a significant adverse threat to water quality, water quantity or wildlife habitat, or unless it can be demonstrated that the activity is clearly in the public interest.  Activities clearly in the public interest include environmental systems maintenance or enhancement activities which are part of a mitigation plan approved by the appropriate local, regional, and/or state governmental permitting agencies.  The use of an ecologically friendly design by creating nature trails and boardwalks, and/or providing educational opportunities will also be allowed.

            K.        Wildlife Management Plan

                        1.         The Wildlife Management Plan (WMP) for the site shall provide at a minimum the following:

a.         Unless permitted for removal, preservation of wetlands and surface water systems that occur within the development boundaries;

b.         Preservation and enhancement of the upland buffers surrounding preserved wetland communities;

c.         Preservation of uplands for parks/open space or mitigation;

d.         Preservation and enhancement of all identified wildlife corridors;

e.         Preservation, enhancement, monitoring, maintenance and management of the Preserve areas; and

f.          Listed species are to be managed in accordance with the WMP.

                        2.         The WMP is hereby incorporated into the DO as Exhibit D.  The WMP provides directives for managing the protected species, trail construction, wildlife crossing development and maintenance, wildlife signage, and the maintenance and management of the preserve areas.

                        3.         The monitoring, maintenance and management of the preserve areas and its wildlife is to be provided by the Master Development Association (MDA), or its assigned, for the development.  The MDA will also provide the financial responsibility for the monitoring, maintenance and management of the preserve areas and its wildlife.

                        4.         The status of environmental and wildlife issues are to be addressed in the Annual/Biennial Report.

            5.         Any revisions to the WMP shall not be considered an action requiring the filing of a Notice of Proposed Change for an Amendment to the DO pursuant to Section 380.06(19), F.S.  The Development’s Annual/Biennial Report shall identify any revision(s) to the WMP that have been proposed by the Developer and approved by the FWC.  If a revision(s) has been completed, two copies of the complete revised WMP shall be submitted to the City of Leesburg Planning Department, DCA, the FWC, the United States Fish and Wildlife Service and the ECFRPC on May 1 to serve as a companion document to the Development’s Annual/Biennial Report consistent with Section III.I of this DO.

            L.         Historical Preservation

                        1.         The Developer, or assigned, shall notify project construction personnel through posted advisories or other methods, of the potential for artifact discoveries on the site and to report suspected findings to the project manager.  In the event of discovery of any archaeological artifacts during project construction, the Developer shall stop construction at the site of discovery and notify the City of Leesburg, DCA and the Division of Historical Resources (DHR) of the Florida Department of State.  From the date of notification, construction shall be suspended within a 100-foot radius of the site of discovery for a period of up to 120 days to allow evaluation of the site.  The Developer shall provide proper protection of the discovery, to the satisfaction of DHR, consistent with Rule 9J-2.043, F.A.C., requirements.

            M.        Water Supply

                        1.         Potable water shall be provided throughout the project through a centralized potable water system provided by the City of Leesburg.  No building permit shall be issued for the Development until adequate potable water capacity is available concurrent with the impacts of the proposed Development meeting the minimum level of service standards adopted in The City of Leesburg Comprehensive Plan.

                        2.         Development shall be consistent with the adopted 10-year water supply plan of the City of Leesburg.

            N.        Wastewater

                        1.         Wastewater treatment shall be provided throughout the project through a centralized wastewater system provided by the City of Leesburg. 

                        2.         Generally, septic tanks shall not be used at the Development site.  However, temporary septic tanks, portable pump-out type toilets, or a temporary package treatment plant may be used for construction activities and other similar temporary activities.  Temporary sewer facilities shall be phased out as permanent central facilities become available and when the site in which they are located can reasonably be served by the central sewage system.

            O.        Solid Waste

                        1.         All solid waste collection and disposal services shall be provided by the City of Leesburg, its successors or assigns which has demonstrated capacity to serve the Development. 

            P.         Municipal Emergency Services

                        1.         The City of Leesburg shall provide emergency services within the Development. 

                        2.         The Developer agrees to donate a four (4) (to be detemined) 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.

            3.                     The City is limited to the construction of a fire station, supporting emergency services or municipal offices on the donated  acre site.  Any attempt to sell the land or propose a different use on the site requires the approval of the Developer.  The fire station must be constructed by the end of Phase IIIB.

            Q.        Air Quality

                        1.         During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined particulates, including grass seeding and mulching of disturbed areas, shall be undertaken and implemented by the Developer to comply with DEP air quality standards.

                        2.         The Developer shall comply with the FDEP "Guidelines For Evaluating the Air Quality Impacts of Indirect Sources,” January 1988, or amendments thereto.

            R.         Hazardous Substances

                        1.         Handling and disposal of hazardous material shall be consistent with Rule 9J-2.044, F.A.C.  No large quantity generators of hazardous waste shall be allowed in the Development.   There shall be no storage or commercial distribution of any hazardous substances in amounts that exceed the small quantity generator upper limit as defined in Section 62-730.160, F.A.C., and Chapter 40, CFR Section 262.44.

                        2.         The Developer shall incorporate specific language in restrictive covenants, if required by the City, running with the land for retail or office space regarding the disposal of hazardous substances in amounts that are within but do not exceed the small quantity generator upper limit as defined in Section 62-730.160, F.A.C., and Chapter 40, CFR, Section 262.44, that these wastes must be disposed of by a hazardous waste transporter.

            S.         Transportation/Mass Transit

                        1.         For purposes of the transportation conditions, the Secret Promise DRI shall be limited to the following trip generation, phasing and buildout date:

Phase

Peak Hour Trips

Peak Hour Trips Cumulative

External Peak Hour Trips*

External Peak Hour Trips Cumulative*

Phase 1 (2009-2014)

258

258

258

258

Phase 2 (2015-2018)

3,081

3,339

2,215

2,473

Phase 3a (2019-2022)

 

3,237

6,576

2,398

4,871

Phase 3b (2023-2025)

3,237

9,813

2,398

 

7,269

*        Reflects internalization only.

**  This table reflects the use of a 5 year extension beyond the dates established in the ADA as specified in Section IV.C.2 of this development order.

                        2.         The DO transportation conditions in Section IV.S., including those that address mitigation, and proportionate share calculation, must be read to be consistent with s.163.3180(12), F.S. regarding the definition of “backlog” and the Developer’s lack of responsibility for the additional cost of reducing or eliminating backlogs.

Mitigation

                        3.         Monitoring and Modeling Methodology.  Prior to the initiation of each phase beginning after Phase 1 as identified in the preceding paragraph, the Developer shall conduct a monitoring/modeling program. This program shall ascertain the Level of Service (LOS) on facilities where the Secret Promise DRI is estimated to contribute an amount of traffic greater than or equal to 5 percent of the adopted LOS service volume.  The methodology of the monitoring/modeling program shall be agreed upon by the City of Leesburg, the ECFRPC, Sumter County, the FDOT, Lake County, Florida’s Turnpike, the Lake Sumter MPO, the DCA and the Developer.  The depth of each monitoring and modeling effort shall be similar to that required within an ADA (to include all subsequent phases for projected roadway adversity testing) but shall be consistent with the requirements of the City of Leesburg Concurrency Management System as it relates to facilities within that jurisdiction.  All studies and monitoring/modeling programs shall be consistent with the ECFRPC’s methodology. Empirical data will be required to be collected for the monitoring and modeling program on facilities where it is estimated that the project contributes an amount of traffic greater than or equal to five percent (5%) of the adopted LOS maximum service volume.  This shall include an origin-destination survey to verify project trip distribution on the external roadway network no earlier than 75% through Phase 2, Phase 3a and Phase 3b.  Concurrent with the timing of the origin-destination study, a trip generation study shall be performed to verify trip generation assumptions for the Development including a trip length study to verify model results, unless otherwise agreed at the M&M methodology meeting.  In the event that all parties cannot come to agreement on the methodology, the ECFRPC, FDOT, the City of Leesburg and Lake County shall be the final arbiters. The City of Leesburg’s decision shall be final as it relates to the City of Leesburg facilities, the FDOT’s decision shall be final on state facilities, Lake County’s decision shall be final on Lake County facilities and the ECFRPC's decision shall be final as it relates to all other facilities.     The study prior to buildout will be for informational purposes only.  Each M&M shall provide a roadway needs analysis for each future phase as well as the phase being tested for mitigation requirements.

                        4.         The facilities to be monitored/modeled for the next phase shall include, but shall not be limited to, those segments of the regional roadways listed below and one segment beyond where the Secret Promise DRI is estimated to contribute a cumulative amount of traffic greater than or equal to five percent (5%) of the adopted LOS service volume.  The analyzed facilities will include signalized intersections and link analyses of collector and higher classified roadways and interchange ramps.

                        5.         The City of Leesburg, the ECFRPC, Sumter County, Lake County, the FDOT, the Lake Sumter MPO, Florida’s Turnpike and the DCA shall have the right to make reasonable requests for additional information from the Developer to verify adherence to these provisions.  The Developer shall supply adequate information toward compliance with these requirements.

Candidate Roadways* for Monitoring/Modeling Study 

Florida’s Turnpike

I-75 to SR 50

US 301

CR 466 to CR 476 (West)

SR 471

CR 478 (West) to SR 50

CR 501

CR 468 to CR 470

CR 33

US 27 to SR 50

US 27/441

Picciola Road to US 441 (North Blvd.)

US 27 (14th Street)

US 441 to CR 561A

SR 19

CR 561 to CR 448

SR 44

US 27 to US 441

CR 468

SR 44 to US 301

CR 470

SR 44 to CR 33

CR 48

CR 471 to SR 19

* Intersection analyses of all roadways and ramps shall be included

                        6.         Monitoring and Modeling Results/Mitigation

                                    a.         The Secret Promise DRI shall not commence beyond Phase 1 (an equivalent of 258 external peak hour trip ends) into Phase 2 when service levels are below the minimum service level adopted in the applicable local government's comprehensive plan during the peak hour and the project contributes, or is projected to contribute with the next phase of traffic, five percent of the adopted LOS service volume of the roadway or intersection as determined by the monitoring program required in the preceding condition, unless mitigation measures and/or improvements are secured and committed for completion of construction during the phase in which the impacts occur.   If roadway improvements are required, any right-of-way acquisition is the responsibility of the governmental entity having maintenance authority for the facility, with potential reimbursement from the Developer depending upon the Developer’s proportionate share for the cost of the roadway.  The Developer shall receive credits against impact fees and the Developer’s proportionate share requirement for any required donations, improvements or donations that are required.  The schedule of required roadway improvements shall be tied to the development level when the improvement is needed within each subphase.  The DO shall be amended to incorporate the required improvements and the commensurate trip level by which the improvement is needed to support project development.

                                   b.         For the purposes of this DO, adequate “secured and committed” mitigation measures shall include one of the following:

                                               1)         A roadway improvement scheduled for construction within the first three (3) years of the appropriate local government’s adopted comprehensive plan capital improvement element (or as otherwise provided in the applicable jurisdiction’s capital improvement element); A roadway improvement scheduled for construction within the first three (3) years of the FDOT’s five-year Work Program.

                                               2)         A binding financially secured and irrevocable commitment by the Developer or other appropriate persons or entities for the design, engineering, land acquisition and actual construction of the necessary improvements (with the posting of a cash bond, surety bond, irrevocable letter of credit, escrow account or other security in a form acceptable to the agency of jurisdiction) within the next three years and incorporated by reference into the DO.

Any other mitigation option specifically provided for in this DO.

                                               3)         Any other mitigation option permitted by law, including a local government development agreement consistent with Chapter 163, F.S., which ameliorates the projected impact and is incorporated into the DO by amendment.

These mitigation measures shall occur by the required threshold in order for the project to proceed through the balance of the applicable phase.  If the Developer can demonstrate that a portion of a phase or subphase does not adversely affect the Regional Roadway network as determined by the monitoring and modeling tests discussed above, then the Developer may proceed with that portion of the phase (and only that portion). 

                        7.         In the event that a roadway widening is identified which is not compatible with adopted policy of the FDOT or local government (e.g. constrained), the Developer, the City of Leesburg, or the party having either maintenance or jurisdictional responsibility for the facility, in consultation with the ECFRPC, shall determine alternate mitigation solutions to provide for the movement of people. The DO shall be amended to incorporate the selected alternative mitigation solutions.

                        8.         Toward the achievement of the objectives in the two preceding conditions, an agreement(s) among the City of Leesburg, Lake County, Sumter County, the FDOT, Florida’s Turnpike and the Developer may be entered into within twelve months of the issuance of a development order for this project by the City of Leesburg.  Said agreement(s) shall address and clarify such issues related to equity in the application of collected fees for transportation improvements. Application of fees shall be on a fair-share basis with respect to the improvements to be provided and not solely on the basis of impact fees.  However, such an agreement would not alter or waive the provisions and requirements of the other conditions of the DO as a mitigative measure for the transportation impacts of the Secret Promise DRI.   In the event that one of the designated parties to the agreement (other than the Developer) fails to execute said interlocal agreement(s) within the specified time, then the Developer may proceed with the project based upon the monitoring/modeling schedule and all other recommendations specified herein as it affects the non-participating party.  Separate agreements may be entered into with one or more parties and the Developer.                  

                        9.         The following state and regionally significant roadway segments are projected to be both significantly impacted by traffic from the Secret Promise DRI development and to operate below the adopted LOS standard.  Mitigation must be in place prior to the Secret Promise DRI entering the designated phase unless the results of the monitoring and modeling study document that mitigation is not required for the amount development requested for that phase or sub-phase. Alternative improvements may also be presented based on future monitoring and modeling study results.  This list shall be amended based upon the results of the monitoring and modeling study as necessary and incorporated into the DO.

PHASE 2 (2018)

Roadway

Segment

Improvement

US 27

SR 44 to CR 33

6 lanes

US 301

CR 470 E to SR 471

4 lanes

US 301

SR 471 to CR 470 W

4 lanes

SR 91 (Florida Turnpike)

US 301 to CR 468

6 lanes

SR 91 (Florida Turnpike)

CR 468 to Lake County Line

6 lanes

CR 33

US 27 to CR 48 E

4 lanes

CR 48

CR 33 to US 27

4 lanes

CR 470

I-75 to US 301

4 lanes

CR 470

CR 501 to Lake County Line

4 lanes

CR 470

Sumter County Line to Site Entrance

4 lanes

CR 470

Site Entrance to Florida Turnpike

4 lanes

CR 470

Florida Turnpike to Leesburg Site Entrance

4 lanes

CR 470

Leesburg Site Entrance to CR 33

4 lanes

 

 

 

 

 

 

 

PHASE 3a & 3b (2025)

Roadway

Segment

Improvement

US 27

US 441 to Main Street

6 lanes

US 27

Main Street to SR 44

6 lanes

US 27

South Street (SR 44) to CR 33

6 lanes

US 27

CR 33 to CR 48

6 lanes

US 27

Florida Turnpike to SR 19

6 lanes

US 27

SR 19 to CR 561A

6 lanes

US 27 / US 441

Picciola Road to CR 44A

8 lanes

US 27 / US 441

CR 44A to US 441

8 lanes

US 301

CR 466 to Jarrell Avenue

4 lanes

US 301

CR 44A to SR 44

6 lanes

US 301

CR 470 E to SR 471

4 lanes

US 301

SR 471 to CR 470 W

4 lanes

US 441

SR 44 to CR 44

8 lanes

SR 44

US 27 to Main Street

6 lanes

SR 91 (Florida Turnpike)

US 301 to CR 468

6 lanes

SR 91 (Florida Turnpike)

CR 468 to Sumter/Lake County Line

6 lanes

SR 91 (Florida Turnpike)

Sumter/Lake County Line to CR 470

6 lanes

SR 91 (Florida Turnpike)

CR 470 to US 27

6 lanes

SR 471

CR 478 E to SR 50

4 lanes

CR 33

US 27 to CR 48 E

4 lanes

CR 33

CR 48 E to CR 48 W

4 lanes

CR 48

SR 471 to CR 478

4 lanes

CR 48

CR 478 to CR 469

4 lanes

CR 48

CR 469 to Lake County Line

4 lanes

CR 48

Austin Merritt Road to West Site Entrance

4 lanes

CR 48

West Site Entrance to East Site Entrance

4 lanes

CR 48

East Site Entrance to CR 33

4 lanes

CR 48

CR 33 to US 27

4 lanes

CR 48

US 27 to SR 19

4 lanes

CR 468

SR 44 to CR 501

4 lanes

CR 470

SR 44 to I-75

4 lanes

CR 470

I-75 to US 301

4 lanes

CR 470

US 301 to CR 501

4 lanes

CR 470

CR 501 to Lake County Line

4 lanes

CR 470

Sumter County Line to Site Entrance

4 lanes

CR 470

Site Entrance to Florida Turnpike

4 lanes

CR 470

Florida Turnpike to Leesburg Site Entrance

4 lanes

CR 470

Leesburg Site Entrance to CR 33

4 lanes

CR 501*

CR 468 to CR 470

4 lanes

Eight laning of roadways may not be compatible with state and local plans.  Transit operations or alternate parallel facility improvements should be considered.  A timeframe and responsible party for the implementation of the following improvements shall be identified by the start date for each project phase at the beginning of each phase. 

*  Currently classified as a non-regional facility

 

                        10.       If the monitoring/modeling results as set forth hereinabove show that improvements must be made to roadway facilities, and if mitigation is not provided as set forth in these conditions or as otherwise required pursuant to 9J-2.045(7), then prior to any construction of future phases and subject to the provisions of Section 380,06(15)(e), Florida Statutes, the Developer, the City of Leesburg, and the entity with jurisdiction over the roadway facility may enter into an agreement which ensures that:

                                    a.         a proportionate share payment is made by the Developer to the appropriate entity/(ies) to mitigate project impacts

                                   b.         said proportionate share payment shall be used by the appropriate entity only for the design, engineering, right-of-way purchase, permitting and/or construction of improvement to the segments/intersections for which the payment is made, or any other application permissible by law; and

                                   c.         said proportionate share payment by the Developer constitutes adequate provision for the public facilities needed with respect to the road segments to accommodate the impacts of the project through the phase for which the fair share was calculated, as required by Section 380.15(e)(2), Florida Statutes.  All such proportionate fair share agreements shall be included in this DO by amendment pursuant to Section 380.06(19), F.S.  The formula to be used to determine proportionate share contribution is as follows:

 

 


For this formula, DRI Trips is the cumulative number of trips from the development expected to reach the roadway during the peak hour from the phase under development.  Service Volume (SV) Increase is the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the desired level of service; and Cost of Improvement is the cost (at the time of Developer payment) of constructing an improvement necessary to maintain the desired level of service, including all improvement associated costs (engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement) as determined by the governmental agency having maintenance obligations over the roadway.

                        11.       Notwithstanding any provision contained herein to the contrary, except as specifically agreed in writing, the City of Leesburg, and the entity with jurisdiction over the roadway facility shall have no financial responsibility to contribute to or participate in the funding of the design, engineering, permitting, and/or construction of roadway improvements.

                        12.       The monitoring and modeling required prior to each phase or subphase shall be used to verify impacts from previous phases and to more accurately estimate probable impacts from later phases.  If necessary, the proportionate share amount will be adjusted to reflect actual impacts from a phase and the more accurate information, which will result from the estimates for later phases; provided, however, that any impacts from prior phases which have been mitigated in accordance with any of the methods set forth in this DO shall not be included in any subsequent proportionate share calculations.  If it is verified that the roadway improvements mentioned above are still needed, then the project shall not proceed into later phases until either the proportionate share payment is made or the needed improvements are scheduled for construction in the applicable entities’ work program within the first three years from the date when impacts are estimated to be significant and adverse.

                        13.       If the parties cannot reach agreement independently prior to the date when impacts are estimated to be significant and adverse, or if so desired by the parties at any time, then the issues in dispute shall be submitted to the ECFRPC for either voluntary mediation pursuant to its adopted dispute resolution processor to binding arbitration pursuant to the rules and procedures of the American Arbitration Association (AAA).  The solutions recommended as a result of this process shall be implemented and the DO amended pursuant to Section 380.06(19), Florida Statutes, to include these solutions. 

                        14.       Secret Promise will participate in a regional transit study being conducted by the Lake-Sumter MPO. Secret Promise, along with other DRIs in the area, will fund the cost of the study. Secret Promise will pay an equal pro rata share of the study, up to $50,000 and will be paid to the City of Leesburg within thirty (30) business days of a written demand from the LS-MPO, but not sooner than ninety (90) days after the Effective Date of the DO.

                        15.       In order to provide safe access and to preserve operational capacity, left and right turn deceleration lanes shall be installed by the Developer at all project entrances on collector and arterial roadways as determined by Lake County in consultation with the City of Leesburg and the Lake Sumter MPO, if applicable. The Developer and the City of Leesburg shall confirm the need for and the cost of signalization at the Project entrance(s) consistent with policies of the appropriate government entity and when nationally recognized warrants are met.  Signal costs and geometric improvements at project entrances are the financial responsibility of the Developer through project buildout.

                        16.       It is recommended that the development plan include multiple roadways through the Secret Promise DRI and adjacent DRI projects in order to provide adequate capacity, to provide alternative routes and to lessen the impacts to community cohesiveness.  A more intricate fabric of roadway connections within the project and connecting to adjacent land uses is encouraged. This recommendation must be balanced against the crossing of wetlands and where crossings are necessary as determined by the City of Leesburg, appropriate measures must be taken to mitigate impacts consistent with Section IV. J (Wetlands) of the DO. 

                        17.       In the interest of safety, and to promote alternative forms of transportation, the Developer shall provide the following bicycle and pedestrian systems:

                                    a.         On-site bicycle systems shall be connected into any adjacent external bicycle systems existing at the time of construction.

                                    b.         The commercial, office and mixed-use areas of Secret Promise shall be designed to encourage pedestrian activity and create a defined sense of place that is attractive and inviting.  In coordination with the City of Leesburg, awnings, covered walkways and/or covered entrances shall be designed into the front of non-residential structures to enhance walkability and provide protection from adverse weather.  Free-standing structures should be limited, and shall include a covered entrance for pedestrians.

                                    c.         In all areas of Secret Promise, where cycling will be accomplished on both sidewalk/bikeways and streets, appropriate signage identifying bike routes will be installed.

                                    d.         Special consideration shall be given to bikeways connecting neighboring residential areas to schools, employment and commercial areas. 

                                    e.         Bicycle support facilities (e.g., parking and lockers) shall be provided at commercial areas and all work areas.

                                    f.          Improvements to area roadways shall incorporate bicycle and pedestrian facilities.  New roadways or reconstructed roadways approaching the site shall include bicycle facilities.

                        18.       Secret Promise shall reserve adequate frontage as a Right of Way dedication for the widening of CR 470 within their property lines, as required for future phase improvements.  The Developer shall receive credits against impact fees and the Developer’s proportionate share requirements based on the appraised value of the reserved right of way.  Credit will also be applied against the Developer’s proportionate share requirement.  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, then Lake County or the agency with maintenance authority for CR 470, 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.

                        19.       In an effort to evaluate the cumulative and regional implications of the multiple DRI projects approved in the Wildwood South Transportation Area, and to provide regional review and participation in the planning and implementation of transportation improvements to serve this growing area, an Areawide Monitoring Study will be commissioned by the Lake-Sumter MPO, Sumter County, or the City of Wildwood.  The Areawide Monitoring Study shall be conducted beginning when the third DRI in the Wildwood South Transportation Area has received approval to move into Phase 2 of its development program and will be updated once every three (3) years henceforth. If agreed to by the City of Wildwood, the City of Leesburg, Lake County, Sumter County and the FDOT, the study may be delayed for a period of one year, at which time the need for the study will again be evaluated.  The Developer shall pay an equal pro rata share not to exceed $50,000 per study occurrence, subject to increase only pursuant to the Consumer Price Index, with the other DRI projects in the Wildwood South Transportation Area that share this condition. This contribution shall be limited to no more than five (5) occurrences.  The Developer shall continue to participate in the funding of the Areawide Monitoring Study until building permits have been issued for 95% of the Secret Promise DRI project buildout. The Areawide Monitoring Study may be used by local agencies for information purposes only and shall not in anyway affect, impact or alter the approvals and entitlements of the Secret Promise DRI, as provided in this DO and/or any related agreements. The Areawide Modeling Study shall be based on the following principles:

                                    a.         Conform to professional standards and address those questions contained in Question 21 of the DRI Application. 

                                    b.         Have an approved methodology by the reviewing agencies, including the City of Wildwood, Lake County, City of Leesburg, Sumter County, Lake-Sumter MPO, FDOT District V, ECFRPC, and the WRPC. 

                                    c.         Each Areawide Monitoring Study should measure development impacts for a period of five (5) years into the future unless different time frames are agreed to in the methodology.

                                    d.         Alternative travel modes, such as mass transit and other strategies, shall be considered in the analysis and in the mitigation of identified transportation needs and deficiencies.

                                    e.         Use available data, where practical, in conducting the study.  Such data may include the trip generation and origin-destination data obtained in the individual DRIs’ ADA Studies, M&M studies, Lake-Sumter CMS data, and other information that may be available through the Developer, Lake County, City of Leesburg, Sumter County, City of Wildwood, the FDOT and others.

                                    f.          The City of Leesburg, in consultation with Lake County, Sumter County and FDOT shall be responsible for determining the scheduling and refinement of these provisions.

                        20.       Ordinarily, in order to provide alternative modes of transportation for a DRI project, there would be a recommendation that the spine roadways would include an exclusive right of way for transit adequate to allow for two way traffic through the Secret Promise DRI site.  However, in the case of the Secret Promise DRI, the spine roadways will ultimately be four (4) lanes and additional lanage is not only likely to cause additional wetland impacts, but also impact wildlife.  Accordingly, it is agreed that shared right-of-way with automobiles is acceptable within the project site, but that additional facilities will be provided in lieu of exclusive laneage to increase the likelihood of alternative modes of transportation.  In addition, the following transit related actions are required:

                                    a.         The Developer shall provide two (2) bus transfer stations in proximity to the park and ride areas within the non-residential portion of the project.  The initial transfer station shall be in the vicinity of the park and ride area located proximate to commercial areas fronting CR 470 which is the closest to the Florida Turnpike access.  It shall include a maximum of four (4) bus bays with covered waiting areas with seating and a bicycle rack.  This will provide for a hub for the transit system and the ability to park and ride for individuals within or outside of the DRI.  A second transfer station for two (2) buses and sufficient covered waiting areas with seating and a bicycle rack shall be located to service the age restricted area of the southwest corner of the Secret Promise DRI, if needed.

                                    b.         The Developer shall construct a minimum of six (6) transit pull off areas, including covered transit shelters with seating and bicycle parking, along its spine roads as it builds such roads.  Locations shall be coordinated with the City of Leesburg, the appropriate transit provider, and any affected property owners, in consultation with the Lake Sumter MPO.  Other pull off areas may be required by the City of Leesburg and/or the transit provider, in consultation with the Lake Sumter MPO, based upon the level of transit use.  Pull off areas will be designed and constructed as the roadway system will be built and shelters will be placed on the site as soon as transit comes to the site. 

                                    c.         Bicycle lockers or bicycle racks, transit passenger shelters and transit parking bays shall be constructed where necessary to augment and facilitate the operations of transit service to the site.

                                    d.         Development within one half mile of the transit route shall be designed in accordance with Transit Oriented Development (TOD) principles to promote easy access and appropriate densities, including well connected continuous streets networks generally without cul-du-sacs, traffic calming measures to promote pedestrian activity and connected collector streets that connect arterials and local roads.  The project design shall comport with the criteria of Accessing Transit Design Handbook for Florida Bus Passenger Facilities, version II, 2008, Florida Planning and Development Lab, Florida State University.

                                    e.         Transit should be operational to the Secret Promise DRI prior to Phase 3 development approvals.  The Developer is encouraged to contribute a proportionate share toward the implementation of a route to serve the project and the City of Leesburg is encouraged to work toward implementation of transit as an alternative to the automobile.

                        21.       The Developer shall promote and encourage variable work hours and flextime participation by on-site employers.  The Developer shall make known to tenants and residents that the Secret Promise DRI project has access to an existing ride-sharing program operated by the Lake Sumter MPO.  Transit and current ride-sharing information shall be prominently displayed in all public gathering areas, in employment centers and other areas as suggested by the Lake Sumter MPO, transit provider and The City of Leesburg. Tenants and owners within the employment centers shall provide preferential parking for vanpools/carpools.  Transit access on public right of way, if necessary shall be provided to meet specifications to facilitate transit to the site.  Prior to Phase 3a, the Developer (or Property Owner’s Association) shall designate a full-time ride sharing coordinator who is responsible to working with the area transit provider, conducting employee ridesharing campaigns within the project, publicity, processing applications, distributing information (including transit information), etc.  This position may be shared with other adjacent DRI developers. 

                        22.       The Developer shall coordinate with the Lake Sumter MPO, the City of Leesburg and affected property owners to ensure the provision of park and ride spaces on site and construct an area for use as a rideshare lot to lessen the overall impacts on regional roadways.  Spaces for at least 200 vehicles shall be provided and are encouraged to be shared with parking for non-residential land uses. The park and ride spaces shall be proximate to the bus transfer area located proximate to commercial areas fronting CR 470 which is the closest to the Florida Turnpike access, and bus transit stops when each is established with at least 125 spaces being within the northern commercial parcels near Florida’s Turnpike access.  Park and ride spaces shall be aggregated into groupings of not less than 25 spaces per designated park and ride area, which shall be indicated with appropriate signage.  The Developer shall coordinate with the City of Leesburg, FDOT and the Lake Sumter MPO and affected property owners to establish a timetable for the development of the park and ride spaces in association with the development of the non-residential land uses. 

                        23.       In order to minimize impacts to the roadway network, neighborhoods within the Secret Promise DRI property shall, subject to environmental constraints, be interconnected to the maximum extent feasible as determined by The City of Leesburg.  The development shall be connected to existing neighborhoods and will tie into local streets, where feasible and as deemed appropriate by the City of Leesburg. The Developer shall cooperate with any county supported efforts to continue roadways from or through the site with other roadway facilities that are hereafter endorsed by the City of Leesburg. At a minimum, at least two (2) internal connection to the south and three (3) internal connections to the west shall be incorporated in to the development plan for the Secret Promise DRI.

                        24.       The Developer shall pay impact fees in accordance with any applicable impact fee ordinance(s).  Credit will be given to the Developer for construction of improvements and contributed right of way, , roadway improvements and other required improvements in accordance with Subsection 380.06(16), F.S. and any other applicable statutes, ordinances and regulations.  Credit may also be given to park and ride facilities, bus transfer facilities and transit facilities if in accordance with Subsection 380.06(16), F.S. and any other applicable statutes, ordinances and regulations at the time of the request for credit. Credit will also be applied against the Developer’s proportionate share requirement.  The donation of land will be based upon the appraised value of the land at the time of the required donation.  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 applicable agency with maintenance authority for the proposed facility 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.

            T.         Schools

                        1.         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 within (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.

                        2.         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.

                        3.         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.

                        4.         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.

                                    a.         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.

                                    b.         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 .

                                    c.         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. 

            U.        Energy

                        1.         The Development shall meet the standards of any of the following: the US Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) program, the Florida Green Building Coalition (FGBC), the Green Building Initiative’s Green Globes program, or any other nationally recognized, green building system that is approved by the Department of Management Services (DMS).

                        2.         The Development shall at a minimum, meet Energy Star standards for all development.

                        3.         The Development shall achieve Water Star standards, as developed by the SJRWMD.

                        4.         The Development shall strive to achieve "Dark Skies" measures shall be implemented in all new construction, where feasible and provided that acceptable public safety and security are maintained.

                        5.         The Development shall, in each report required by the DO, provide information and documentation as to how and in what manner the DRI is striving to meet and/or meeting the foregoing goals.

            V.        Affordable/Workforce Housing

                        1.                     The Developer shall provide affordable/workforce housing on-site for low, very low and moderate income employees within the Secret Promise DRI. The provisions of Exhibit “E” attached shall govern the amount and type of affordable/workforce housing required within the Development, the timing of construction of the affordable/workforce housing, the incentives to be provided to the Developer for the provision of affordable/workforce housing, and all other aspects of the affordable/workforce housing within the Development.

            W.        Annual/Biennial Reports

                        1.         The Developer shall conduct an annual report for the first five (5) years and biennially thereafter for the life of the DO.  In the event portions of the property are sold to one (1) or more other parties for development purposes, then the Developer shall retain the responsibility for seeing that the report is duly submitted and address the development on the entire property.  The Developer shall include in all land contracts executed after the date of this DO, language requiring buyers and their successors to provide the Developer all necessary information to complete this reporting requirement. 

                        2.         The report, required by Subsection 380.06(18), F.S., and Section III I. of the General Provisions of this DO, shall be submitted on May 1st of each year to the City of Leesburg, Lake County, Wildwood, the ECFRPC, DCA, FDOT, SJRWMD and all affected permit agencies.  The report shall include any information specifically required to be included by the conditions of the DO as well as the information required by DCA rules and shall be presented in a format as depicted in the Development Summary Table provided by the ECFRPC.  The report to the county shall also include a statement that all persons/agencies listed above have been sent copies of the Annual/Biennial report.

BE IT FURTHER RESOLVED BY THE LEESBURG CITY COMMISSION THAT THE FOLLOWING SHALL APPLY;

1.         That this DO shall constitute the Development Order of The City of Leesburg in response to the DRI-ADA filed by the Developer.

2.         That, in the event any portion or section of this DO is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this DO, which shall remain in full force and effect.

3.         That approval of this DO shall not exempt any portion or unit of the Secret Promise Development from any future impact fees imposed by the City.  Developer credit for applicable improvements paid for by it pursuant to the requirements of this DO shall be given as provided for by Section 380.06(16), F.S.

4.         That the Developer reserves the right to request a rescission to the DO if the project is ever located in an area designated as a dense urban land area pursuant to Ch. 2009-96, Laws of Florida, or is in an area that meets the criteria for an exemption from DRI review pursuant to Florida Statutes.

5          That certified copies of this DO shall be transmitted immediately by certified mail to ECFRPC, DCA and the Developer by The City of Leesburg.  The City of Leesburg shall also notify the above parties, by certified mail, when the comprehensive plan amendments are deemed in compliance pursuant to Section 163.3189, F.S.

6.         This DO shall be effective upon the effective date of the Comprehensive Plan Amendment adopted to provide for the Secret Promise DRI, provided, however, that filing of a notice of appeal pursuant to Section 380.07, F.S., will stay the effectiveness of this DO.

            ADOPTED, in Regular Session this 14th day of September, 2009 by the Leesburg City Commission, subsequent to Public Hearings held on that date.

                                                                                    THE CITY OF LEESBURG

                                                                           By:    _____________________________,

                                                                                    Mayor

ATTEST:

____________________________

City Clerk

 

 

EXHIBITS

 

Exhibit A -     Legal Description

Exhibit B -     Master Development Plan, and Land Use Allocation/ Phasing Tables

Exhibit C -     Land Use Entitlement Conversion Table

Exhibit D -     Wildlife Management Plan

Exhibit E -     City of Leesburg Inclusionary Housing Requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

LEGAL DESCRIPTION OF THE SECRET PROMISE DRI

 

 

 

EXHIBIT B

MASTER DEVELOPMENT PLAN AND LAND USE ALLOCATION/ PHASING TABLES


                                         EXHIBIT C

LAND USE ENTITLEMENT

CONVERSION TABLE


EXHIBIT D

WILDLIFE MANAGEMENT PLAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT E

                                 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.