The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to City SPUD (Small Planned Unit Development).
The project site is approximately three acres. The property is generally located north side of Casteen Road, east of Flatwoods Road and west of South Street as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped. The surrounding zoning designations are City R-3 (High Density Residential) to the north, County A (Agriculture) to the south and west, and City M-1 (Industrial) to the east.
The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with adjacent and nearby properties in the area and with the existing future land use designations of City Low Density Residential.
The existing land uses surrounding the property are single family residential, church, farm, and commercial/office.
Connection to City utilities will be at the owner’s expense.
By a vote of 5 to 0 on October 22, 2009, the Planning Commission voted to recommend approval.
1. Approve the proposed rezoning to City SPUD (Small Planned Unit Development), thereby allowing consistent zoning and development standards for the area.
2. Other such action as the Commission may deem appropriate.
There is no fiscal impact to the City.
Department: Community Development
Prepared by: Yvette L. Brandt, AICP/Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Reviewed by: Dept. Head ___X_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 3 ACRES GENERALLY LOCATED, NORTH SIDE OF CASTEEN ROAD, EAST OF FLATWOODS ROAD AND WEST OF SOUTH STREET LYING IN SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (HOPE VISION, INC.)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of Hope Vision, Inc. (Shepherd’s Village), 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 County A (Agriculture) to City SPUD (Small Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:
(See Exhibit B for Legal Description)
Alternate Key Number: 1756219
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
CASE #:050-1-102209 EXHIBIT A
CITY OF LEESBURG
REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
October 22, 2009
These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Hope Vision Inc.
(Shepherd’s Village), "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 SPUD (Small Planned Unit Development) zoning district to permit a multi-family residential development with accessory uses as permitted by these conditions on an approximately three +/- acre site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to the Hope Vision Inc. to operate, and maintain a SPUD (Small Planned Unit Development) development in and on real property in the City of Leesburg. The property is generally located on the north side of Casteen Road, east of Flatwoods Road and west of South Street. 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 SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.
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 September 25, 2009.
2) Permitted Uses shall be as follows:
a. Multi-family residential retirement development with age restrictions (55 and older) with accessory uses for the approximate area as shown on the Conceptual Plan.
B. Uses prohibited shall be as follows:
a. All uses except as permitted by these conditions.
The Impervious surface coverage for this site shall not exceed seventy (70) percent of the gross site area.
D. Open Space
A minimum of thirty (30) 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 Casteen Road to the south of the property.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the SPUD district except as amended by these conditions.
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 handicapped parking spaces.
A. Wetlands shall comply with the following requirements. Prior to disturbance or development of any wetland area, the "Permittee" shall submit and receive approval from all affected governmental agencies to include, but not limited to, 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.
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 site plan approval by City of Leesburg staff during development review/permit application.
B A transportation study waiver may be requested from the MPO exempting the project based on the age restrictions and substantiation of minimum change in traffic impacts.
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 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 SPUD and the Landscaping Code are maintained.
11. DESIGN REQUIREMENTS
A. Designs as shown in Conceptual Elevation Exhibit D shall incorporate the following:
1) Building Design Features
a. All buildings where possible shall utilize at least three of the following design features as part of the restoration to provide visual relief along all elevations of the building:
iii. Recessed entries
iv. Covered porch entries
vi. Pillars or posts
vii. Bay window (minimum 12 inch projections)
viii. Eaves (minimum 6-inch projections)
ix. Repetitive windows with minimum 4-inch trim.
B. 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
C. Other Features
1) Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.
12. DEVELOPMENT PHASING
A. The proposed project may be constructed in phases in accordance with the Small 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 SPUD have not been substantially implemented during the required time period, the SPUD 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 SPUD approval or rezone the property to another appropriate zoning classification less intense than the development permitted by these SPUD Conditions
13. 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 SPUD 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 SPUD 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.
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.
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
The West 282.90 feet of the East 589 feet of the South 461.93 feet of the NW ¼ of the SW ¼, Section 28, Township 19 South, Range 24 East, Lake County, Florida.
Alternate Key # 1756219
CONCEPTUAL SITE PLAN EXHIBIT C
CONCEPTUAL ELEVATION AND FLOOR PLANS EXHIBIT D