LSBGHORZ

                            

AGENDA MEMORANDUM

 

 

MEETING DATE:   September 28, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Karen Hallgren, from City R-2 (Medium Density    Residential) to City PUD (Planned Unit Development).

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) to City PUD (Planned Unit Development).

 

Analysis:

The project site is approximately 26 acres.  The property is generally located south of U.S. Highway 441 on the west side of Sleepy Hallow Road, north of Old Tavares Road as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential). Currently, the property is undeveloped and a single family residential home. The surrounding zoning designations are County R-1 (Rural Residential), County CP (Planned Commercial District), County C-2 (Community Commercial District), County R-1 (Rural Residential), City P (Public), City R-3 (High Density Residential) and City R-2 (Medium Density Residential). The proposed zoning will provide a transition area between commercial uses to the north along U.S. Highway 441 and the less intense uses of residential uses to the east and south along Sleepy Hollow Road. There are approximately two acres of buildable area on the eastern portion of the property which will be restricted to residential, professional and medical offices, and day care uses. The remaining area in wetlands is prohibited from any development through the PUD conditions on the subject property. 

 

The proposed zoning district of City PUD (Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the existing future land use designation of City Low Density. The proposed amendment is consistent with the City’s Growth Management Plan and Future Land Use Element, Goal I, Objective 1.6.

 

Connection to City utilities will be at the owner’s expense.

 

By a vote of 4 to 0 on August 20, 2009, the Planning Commission voted to recommend approval.

 

 

 


Options:        

 

1.         Approve the proposed rezoning to the PUD (Planned Unit Development), thereby allowing consistent zoning and development standards for the area.

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

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    10/9/09 11:35 AM____

Department: Community  Development

Prepared by:   Bill Wiley, 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. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY TWENTY-SIX ACRES GENERALLY LOCATED SOUTH OF U.S. HIGHWAY 441 ON THE WEST SIDE OF SLEEPY HOLLOW ROAD, NORTH OF OLD TAVARES ROAD, LYING IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) TO CITY PUD (PLANNED UNIT DEVELOPMENT) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

 

Based upon the petition of Karen Hallgren, the petitioner of the property hereinafter described, which petition has heretofore been approved by the City Commission of the City of Leesburg Florida, pursuant to the provisions of the Laws of Florida, the said property located in Lake County, Florida, is hereby rezoned from City R-2 (Medium Density Residential) to City PUD (Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

            Alternate Key Number: 1183146

 

Section 2.   

 

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

 

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

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 

 

 

 

CASE #:022-1-061809                                                                                              EXHIBIT A

 

                                                                       

                                            HALLGREN PROFESSIONAL OFFICE

REZONING TO PUD (PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                   August 18, 2009

 

These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Tim Sennett, "Permittee" for the purposes and terms and conditions as set forth herein pur­suant to authority contained in Chapter 25 "Zoning", Sec­tion 25-278 "Planned Development Process" of the City of Leesburg Code of Ordinances, as amended.

 

BACKGROUND: The "Permittee" has submitted an application requesting a PUD (Planned Unit Development) zoning dis­trict to permit professional offices with accessory uses as permitted by these conditions on an approxi­mately 26 +/- acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Karen Hallgren to operate, and maintain a PUD (Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located south of U.S. Highway 441 on the west side of Sleepy Hollow Road, north of Old Tavares Road.. The property is more particularly described as shown in the attached legal description below.

 

2.       LEGAL DESCRIPTION

          See attached legal Exhibit B

 

3.       LAND USES

          The above-described property shall be used for PUD (Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.

A.             Uses

                    1)       Uses shall be those listed as permitted uses in this document and shall          occupy the approximate area as shown on the Conceptual Plan dated July 13, 2009

                             

         2)      Uses shall be those listed for the C-1 (Neighborhood Commercial) uses including residential, professional and medical offices, and day care in the Land Development Code as a permitted uses except as limited by this PUD.

        3)       Only the approximately three acres shown on the conceptual plan along Sleepy Hollow Road shall be developed, the remaining approximately 24 acres shall not be developed but shall have a conservation easement recorded on the property.

 

B.      Uses prohibited shall be as follows:

          1)       public and civic uses except for day care

                    2)       commercial uses except for professional and medical offices

          3)      industrial uses

 

C.      Hours of operations shall be restricted to 7:00 a.m. to 11:00 p.m.

           

           D.      Area  

The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.

 

          E.      Open Space

A minimum of twenty (20) percent of the site shall be developed as open space, including retention areas, buffer and landscaped areas. Parking areas and vehicle access areas shall not be considered in calculating open space. 

 

4.       SITE ACCESS

A.      Access to the property is currently from Sleepy Hollow Road.  If additional access is requested, approval shall be subject to the City of Leesburg PUD amendment and Site Plan Application review process.

 

5.       DEVELOPMENT STANDARDS

          A.      The minimum development standards shall be those required for the PUD district except as amended by these conditions.

         

B.           All operations shall be carried on entirely within an enclosed structure except for out door play areas at the rear of day cares.

 

C.           No outdoor storage areas shall be permitted. 

 

D.          Areas of property not occupied by structures or paving shall be grassed, landscaped and  maintained in accordance with City of Leesburg Code of Ordinances, as amended.

 

6.       PARKING

A.  The permittee shall have off-street parking spaces within the property per the          conceptual site plan, pursuant to the City of Leesburg Code of Ordinances, as amended,    

          which shall include the required number of handicapped parking spaces.

 

7.       WETLANDS

A.      Wetlands shall comply with the following requirements. No disturbance or development of any wetland area shall be permitted by the "Permittee" without approval of an amendment to this PUD and until approval is received from all affected governmental agencies to include, but not limited to the St. John's River Water Man­agement District and the State of Florida Department of Environmental Regulation.  Any no­tice of violation from any affected agency shall be cause for a cease and desist order on permits issued by the City of Leesburg until such time as the violation has been re­solved with the appropriate agency(s).

 

8.       DRAINAGE AND UTILITIES

          A.      Prior to receiving Final Development Plan Approval, the "Permittee" shall sub­mit, if applicable, a Master Site Drainage Plan and Utility Implementation Plan accept­able to the City of Leesburg. Prior to removal, renovation or demolition of any existing development on the site, the per­mittee shall provide:

                     1)      A detailed site plan demonstrating no direct dis­charge of storm­water run­off  generated by the devel­opment into any natural sur­face waters or onto adjacent properties.

 

                    2)       A detailed site plan indicating all provisions for electric, wa­ter, sewer, and natural gas in accordance with the site plan review process as required by the City of Leesburg Code of Ordinances.

 

9.       TRANSPORTATION

          A.      Permittee shall make all transportation improvements as required by Lake County, the MPO and the City of Leesburg.  Construction of improvements shall be contingent upon plan approval by City of Leesburg staff during development review/permit application, if applicable. 

 

10.     LANDSCAPING AND BUFFER REQUIREMENTS

          A.      All landscaping and buffering shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances and as represented on the Conceptual Site Plan including;

                     1)      For each one hundred (100) linear feet, or fraction thereof, of boundary, the       following plants shall be provided in accordance with the planting standards and         requirements of the City of Leesburg Code of Ordinances, as amended.

a.   Two (2) canopy trees

b.   Two (2) ornamental trees

c.   Thirty (30) shrubs

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

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

           B.       Variations to the landscape requirements of the code may be approved by the Community Development Director as long as the intent of the PUD and the Landscaping Code are maintained.

 

11.     MAINTENANCE

                   A.      With the exception of public utilities and sidewalks, maintenance of all site im­provements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.

 

         12.      DESIGN REQUIREMENTS

A.     Exterior building materials contribute significantly to the visual impact of a building on the community. They shall be well designed and integrated into a comprehensive design style for the project. The total exterior wall area of each building elevation shall be composed of one of the following:                       

 

1)               At least thirty-five percent (35%) full-width brick or stone (not including window

           and door areas and related trim areas), with the balance being any type of lap siding

     and/or stucco.

 

2)       At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option.).

                   

3)       All textured stucco, provided there are unique design features such as recessed garages, tile or metal roofs, arched windows etc. in the elevations of the buildings or the buildings are all brick stucco. Unique design features shall be reviewed by the Community Development Director for compliance

 

           B.      Other Features

 

1)       Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.

 

         13.      DEVELOPMENT PHASING

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

                   

                    B.      Implementation of the project shall substantially commence within 36 months of approval of this Planned Development.  In the event, the conditions of the PUD have not been substantially implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the property to R-2 (Medium Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions

 

14.      MISCELLANEOUS CONDITIONS

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

 

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

 

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

 

D.           The transfer of ownership or lease of any or all of the property described in this PUD  

        Agreement shall include in the transfer or lease agreement, a provision that the purchaser

  or lessee is made good and aware of the conditions pertaining to the Planned Unit       Development established and agrees to be bound by these conditions.  The purchaser or

  lessee may request a change from the existing plans and conditions by following the     procedures as described in the City of Leesburg Land Development Code, as amended.

 

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

 

15.      CONCURRENCY

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

A.       Utilities

           1)      Projected Capacities

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

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

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

          

B.       Commitment of Capacity

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

 

C.        Ability to Provide Services

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

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

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

LEGAL DESCRIPTION                                                                                       EXHIBIT B

 

 

BEG  AT NE COR OF GOV LOT 5, RUN S 1325 FT,  W 1325.35 TO W LINE OF GOV LOT 5, N 320.9 FT, BEG AS BEFORE, RUN S 58DEG 15MIN W 670 FT, SW’LY TO INTERSECT FIRST LINE- -LESS FROM NW COR OF GOV LOT 5 RUN S 00DEG 27MIN 00SEC W 789.32 FT TO SE’LY R/W LINE OF US HWY 441, N 49DEG 02MIN 00SEC E 459 FT, S 40DEG 58MIN 00SEC W 50 FT, N 49DEG 02MIN 00SEC E 100 FT TO POB & L SS SLEEPY HOLLOW RD R/W & LESS FROM NE COR OF SE ¼ OF SW ¼ RUN W 47.05 FT FOR POB, CONT W 80.86 FT, N 03DEG 53MIN 23 SEC E 4.90 FT, S 86DEG 31MIN 34SEC E 80.67 FT TO POB- -ORB 435 PG 1473

 

Alternate Key #:  1183146

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                               EXHIBIT C

 

 

 

 

 

CONCEPTUAL ELEVATION                                                                            EXHIBIT D