AGENDA MEMORANDUM

MEETING DATE:   April 26, 2010

FROM:                       Bill Wiley, AICP, Community Development Director

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

Staff Recommendation: 

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

the subject property to PUD (Planned Unit Development).       

Analysis:

Since the first reading on October 13, 2008, staff has worked with the applicant to incorporate language to address DCA’s comments on the comprehensive plan amendment and DRI settlement agreement. These have been addressed in the revised PUD. 

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

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

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

The proposed zoning is consistent with the proposed future land use designation of Mixed Use and Conservation.  Development of the property shall be subject to conditions of Exhibit A, “Planned Development Conditions,” Revised April 26, 2010.

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

Options:        

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

            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:    4/22/10 9:29 AM____

Department: Community Development Prepared by:  Bill Wiley, AICP Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ___Yes___ Finance  Dept. __________________                                    Deputy C.M. ______ _________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

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

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

Section 1. 

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

(See Exhibit B for Legal Description)

Section 2.   

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

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the  day of , 2010.

THE CITY OF LEESBURG

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk