MEETING DATE:   September 13, 2010


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance for rezoning for Anita Valdez, from County A (Agriculture) to SPUD (Small Planned Unit Development)


PROJECT:                 To allow for offices and limited commercial uses



Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to SPUD (Small Planned Unit Development).



The project site is approximately 3.2 acres.  The property is generally located on the south side of C.R. 44 (South Street), just west of Caballo Road as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped/vacant house and the proposed use is to allow for offices and limited commercial uses. City R-3 (High Density Residential) and M-1 (Industrial), and County R-6 (Urban Residential District) on the north, County A (Agriculture) south, County CP (Planned Commercial District), County R-7 (Mixed Residential District) and County R-6 (Urban Residential District) on the east, and City PUD (Planned Unit Development) on the west. The proposed Land Use designation for the subject property is City General Commercial.


The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the proposed future land use designation of City General Commercial.


The existing land uses surrounding the property are a undeveloped, commercial and single family residential.


Development of the property requires City utilities.


By a vote of 6 to 0 on July 22, 2010, 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 this area.

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


Fiscal Impact:

There is a positive fiscal impact to the City through the further development of this property.


Submission Date and Time:    9/16/10 12:11 PM____

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 _____________________










Section 1


Based upon the petition of Anita Valdez, 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 SPUD (Small Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:


(Legal Description)

See Exhibit B 


Alternate Key Numbers: 1292221 & 3874873


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.




By: _________________________________




City Clerk










CASE #:031-1-072210                                                                                                  EXHIBIT A




                                       PLANNED DEVELOPMENT CONDITIONS

                                                                      July 22, 2010


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 Anita Valdez “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 allow for office and limited commercial uses as permitted by these conditions on an approxi­mately 3.2 +/- acres with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.



          Permission is hereby granted to Anita Valdez 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 south side of C.R. 44 (South Street), just west of Caballo Road.  The property is more particularly described as shown in the attached legal description below.



          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.

A.             Uses

1)       Uses shall be those listed as permitted uses in the SPUD district including C-I Commercial uses as limited and shall occupy the approximate area as shown on the Conceptual Plan.


 B.      Uses prohibited shall be as follows:

          1)       All uses not permitted by the SPUD (Small Planned Unit Development)

                              a.      convenience store with or without gas pumps

                              b.      recreation uses - indoor and outdoor

                              c.      bars and lounges

                              d.      clubs and lodges

                              e.      package stores

                              f.       vehicle sales, service and repair


C.      Area  

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


          D.      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 C.R. 44 (South Street) and Caballo Road as shown on the location map.  If additional access is requested, approval shall be subject to the City of Leesburg SPUD amendment and Site Plan Application review process.



          A.      The minimum development standards shall be those required for the SPUD district except as amended by these conditions and as represented on the Conceptual Site Plan.


B.           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. 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).



          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 including but not limited to the intersection of South Street and Caballo Road 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, if applicable.  Additional right-of-way along Caballo Road shall be dedicated and provided to make necessary intersection improvements and for widening of Caballo Road.


          B         A traffic/transportation study shall be submitted prior to site plan approval for review and determination of any necessary access improvements, including any off site improvements required by FDOT, Lake County or the City of Leesburg. Said improvements will be the responsibility of the Permittee.


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



          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.       A six foot high solid fence with landscaping shall be constructed on the southern and eastern boundaries of the property adjacent to residential districts. This will provide a visual and landscape buffer for the adjacent residential properties.


C.       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.           



                   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.      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. Completion of any residential, office or veterinary clinic uses shall constitute substantially implemented and shall remove any time period requirements. 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 RP (Residential Professional) or another appropriate zoning classification less intense than the development permitted by these SPUD 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.  A conceptual plan drawn to scale shall be submitted to the staff for approval prior to any additional development of the site.


       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.

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



Alternate Keys # 1292221 & 3874873































CONCEPTUAL SITE PLAN                                                                              EXHIBIT C