AGENDA MEMORANDUM

 

 

MEETING DATE:   October 11, 2010

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance amending the PUD (Planned Unit Development) zoning for Spring Creek Investments, LLC, DBA Spring Creek.

 

PROJECT:                 Single family detached residential development of 137 units

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed amended PUD (Planned Unit Development) zoning for the subject property.

 

Analysis:

The project site is approximately 51.68 acres.  The property is generally located south of County Road 48 and east of US Highway 27and east of the Palatlakaha River as shown on the attached General Location Map. The present zoning for this property is City PUD (Planned Unit Development).  The current use of the property is undeveloped and the proposed is single family detached residential development. The surrounding zoning designations are County A (Agriculture), City PUD (Planned Unit Development), County RM (Mixed Home Residential), County A (Agriculture), and R-1-A (Single Family Residential)          . The surrounding Future Land Use Map designations are County Urban Expansion & LC Urban and City Low Density. The existing Land Use designation for the subject property is City Estate.

 

The proposed amended PUD (Planned Unit Development) zoning is compatible with the adjacent and nearby properties in the area and with the existing future land use designation of City Estate.

 

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

 

Development of the property requires City utilities.

 

By a vote of 6 to 0 on August 19, 2010, the Planning Commission voted to recommend approval.

 

Options:        

1.         Approve the proposed amended PUD (Planned Unit Development) zoning 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:    10/8/10 5:19 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 _____________________

 

 

 


ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE ZONING OF APPROXIMATELY 51.68 ACRES GENERALLY LOCATED SOUTH OF COUNTY ROAD 48 AND EAST OF US HIGHWAY 27AND EAST OF THE PALATLAKAHA RIVER, LYING IN SECTIONS 13 AND 14, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FOR A CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (SPRING CREEK)

 

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

 

Section 1

 

Based upon the petition of Spring Creek Investments, LLC, DBA Spring Creek, 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 amended to the revised PUD (Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:

 

(See attached Legal Description Exhibit B)

 

Alternate Key Number: 1087945, 1701082, 1701104, 2831081 and 2935359

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE #:  034-1-081910                                                                                              EXHIBIT A

(Previous CASE #:  063-1-060905)                                   

         

 

SPRING CREEK

PLANNED UNIT DEVELOPMENT CONDITIONS

July 15, 2005

Revised August 19, 2010

 

 

This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Robert and Jeanne Hendrick; Glenn Tyre, Trustee, and Pamela and Fred Gregg, Jr. Spring Creek Investments, LLC, DBA Spring Creek ,  "Permittee" for the purposes and terms and conditions as set forth herein pursuant to authority contained in Chapter 25 "Zoning", Sec­tion 25-278 "Planned Unit Development " of the City of Leesburg Land Development Code, as amended.

 

BACKGROUND:  The "Permittee" is desirous of obtaining amending a Planned Unit Develop­ment (PUD) zoning district to allow construction of a proposed residential subdivision development consisting of a maximum of 174 137 detached single-family units on approximately 51.68 acres generally located south of County Road 48 and east of US Highway 27and east of the Palatlakaha River, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to Robert and Jeanne Hendrick; Glenn Tyre, Trustee, and Pamela and Fred Gregg, Jr. Spring Creek Investments, LLC, DBA Spring Creek, to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg.  The property is generally located south of County Road 48 and east of US Highway 27and east of the Palatlakaha River. The property is more particularly described as follows:

 

          LEGAL DESCRIPTION:

          See attached legal Exhibit B.

         

2.        LAND USE

The above-described property, containing approximately 51.68 acres, shall be used for single-family detached residential uses, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

1)       The project shall contain a maximum of 174 122 detached single-family units at a gross density not to exceed 3.37 units per acre.   

2)       The minimum lot size shall be 7,000 square feet for detached single-family with the lots bordering Legacy Subdivision restricted to a minimum size of 8,000 square feet. Final lot sizes shall be determined during the review of the preliminary plan.

        3)       Minimum lot widths shall be as shown on the Conceptual Plan 60 feet except for those bordering Legacy Subdivision on the south which shall be 70 feet and bordering Legacy Subdivision on the east which shall be 80 feet in width.  Minimum lot depths shall be 110 feet. City staff as part of the preliminary plan approval process shall approve final lot locations and minimums.

4)       The following minimum yard setbacks shall be maintained:

                              Front setback – 20 feet;

            Rear setback –18 feet; and

            Side setbacks - minimums 5/15 feet each side except for townhomes.                                        

5)       Minimum distance between structures shall be 10 feet; measured from building wall to building wall and the roof overhang shall not exceed 40 percent of the distance between the building wall and the property line.

        6)       Corner lots shall have a minimum side yard setback of 15 feet from the public right-of-way.     

        7)       For park lot fronting the Palatlakaha River, one dock and/or boat ramp for use of the general development residents shall be permitted. No over night parking of boats shall be permitted at the park for general residents.        

        8)       The approval in this ordinance for a dock and/or boat ramp constitutes approval of the land use only. The actual design and construction is dependent on the developer obtaining permits from other agencies prior to commencement of construction. Approval of this ordinance constitutes approval only for the use of the land.  The City does not have jurisdiction to grant final approval for construction of the dock and/or boat ramp and the developer will be required to obtain all necessary permits from agencies having jurisdiction. This ordinance does not constitute an official position by the City of Leesburg for or against issuance of such permits.      

        9)       Accessory structures shall have a minimum rear and side setback of 5 feet and single accessory structures that are not attached to the principal structure shall not occupy more than 30 % of the required rear yard.

       10)      Impervious surface coverage for single-family detached shall not exceed 60 percent.     

       11)      Maximum building height shall not exceed 35 feet.

       12)      An attached swimming pool screened enclosure must maintain a minimum setback of five (5) feet from the side and rear property line.

 

           B.    Recreational Development

1)       Recreational development shall include active and passive uses for the project.  Recreational development shall meet the requirements of the City of Leesburg Land Development Code (as amended) and adopted Growth Management Plan (as amended).

2)       The Planned Unit Development shall provide accessibility from all areas to any proposed recreational facilities.

3)       Recreational areas totaling (34,800 sq.ft.) shall be provided and developed by the developer with type and location of improvements to be determined by staff as part of the Preliminary Subdivision approval process.

4)       Recreational vehicle parking shall be restricted through deed restrictions/convenient which shall prohibited parking within the development unless an approved designated area is provided or vehicles are parked within an enclosed structure.  If a designated area is provided, the area shall be buffered and final location will be determined by staff as part of the Preliminary Subdivision approval process.

 

 C.      A sales office and/or model center shall be a permitted use as long as it is specifically related to the PUD residential development of the site.

 

D.      Open Space and Buffer Areas            

        1)      All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by the Department of Environmental Protection, St. Johns River Water Management District and/or U.S. Army Corp of Engineers.  Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plat application                 

        2)     Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction        boundary.

        3)     Wetlands shall have a minimum upland buffer of 30 feet or the upland buffer established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive.  All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.

        4)     Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.

        5)     If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.

        6)     A wildlife management plan for the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The wildlife management plan shall be submitted to the City as part of the preliminary plat application.  The Permittee shall designate a responsible legal entity that shall implement and maintain the wildlife management plan.

        7)     To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association.  The conservation easement shall include a buffer from the edge of the Palatlakaha River with a minimum width of 30 feet and an average width of 50 feet. The conservation easement shall require that the wetlands be maintained in their natural and unaltered state.  Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.   

8)    Development of a buffer wall along arterial roads (CR 48) shall be required as per Section 25-336 of the Land Development Code. In addition, a six (6) foot high decorative PVC fence will be installed along the east, south and western property lines on the development as visual buffer to adjacent properties.

         9)     Landscaping of any required buffer areas shall be as follows:

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 Land Development Code.

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.

                    10)     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.

           E.      Development Phasing    

        1)       The proposed project may be constructed in phases in accordance with the Planned Unit Development Plan (attached as part of the application). Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Unit Development review process.

        2)       Implementation of the project shall substantially commence within 36 months of approval of this Planned Unit Development.  In the event, the conditions of the PUD have not been 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 RE-1 (Estate Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions.

 

3.         STORMWATER MANAGEMENT / UTILITIES

Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg.  Water, wastewater, reclaimed water and natural gas services will be provided by the City of Leesburg.  Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:

           A.      A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.

           B.      A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.

           C.      A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.

           D.      The 100-year flood plain shown on all plans and lots.

           E.      A copy of the appropriate documentation that any flood hazard boundary has been requested for amendment in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is proposed to be altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.

           F.      A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.

           G.      Should the Permittee desire to dedicate the proposed project’s stormwater management system to the City of Leesburg; the City, at its discretion, may accept or not accept the stormwater management system.  Prior to acceptance, the Permittee shall demonstrate to the City the stormwater management system is in a suitable condition and meets City of Leesburg and St. Johns River Water Management District requirements.

           H.      A detailed site plan that indicates all the provisions for electric, water, sewer, reclaimed water and/or natural gas in accordance with the City of Leesburg Land Development Codes.

 

4.        TRANSPORTATION IMPROVEMENTS

           A.      Any transportation improvements or right-of-way that may be required shall be based on projected needs and shall be contingent upon site plan approval by City staff during the development review and permitting process.

           B.      Vehicular access to the project site shall be provided by County Road 48 for both primary and emergency access. The primary access off County Road 48 shall be a two lane divided boulevard type entrance road for provide for emergency access. Any other potential accesses such as to the west of the property will be reviewed by the Development Review Committee during site plan process. 

           C.      The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Florida Department of Transportation, Lake County, the MPO and City of Leesburg.

           D.      All roads within the development shall be designed and constructed to meet the City of Leesburg requirements.

           E.      Sidewalks shall be provided on both sides of the primary entrance road.  Internal road rights-of-ways shall be of sufficient width to contain the sidewalks on one side of the roadway. All sidewalks shall be constructed in accordance with City of Leesburg Codes.

           F.      The Permittee shall be responsible for obtaining all necessary FDOT or Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary plan approval.

           G.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements.  The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.

           H.      Should the Permittee desire to dedicate the proposed project’s internal road system to the City of Leesburg; the City, at its discretion, may accept or not accept the road system.  Prior to acceptance, the Permittee shall demonstrate to the City the road system is in suitable condition and meets City of Leesburg and FDOT requirements.

           I.       During preliminary plan review the City will determination if any necessary access improvements are required. Said improvements will be the responsibility of the Permittee.

           J.       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, the MPO or the City of Leesburg. Said improvements will be the responsibility of the Permittee.         

 

5.        DESIGN REQUIREMENTS

           A.      Residential Development

              1)       Building Design

   a.       Detached homes shall have garages located with the following provisions.

i.       Front access garages must be set back a minimum of five (5) feet from the attached primary structure or the front building line.

ii.      Rear garages must be setback a minimum of twenty (20) feet from an alley or rear access drive.

iii.     Side entrance garages may be in line with or off set from the primary structure’s front   setback provided the garage has front facade windows.

iv.     Homes with covered front porches of a minimum fifty (50) square feet                     may have front access garages setback in line with the porch or five (5)                         feet forward of the porch.                 

b.       The distance between any principal building and accessory building shall be a minimum of ten (10) feet.

B.      Additional Design Features.  All buildings shall utilize at least three of the following design features to provide visual relief along all elevations of the building:

1)       Dormers

2)       Gables

3)       Recessed or raised entries

4)       Covered porch entries

5)       Cupolas

6)       Pillars or decorative posts

7)       Bay window (minimum 12 inch projections)

8)       Eaves (minimum 6-inch projections)

9)       Off-sets in building face or roof (minimum 16- inch trim).

9)       Front windows with arched glass tops and minimum 4-inch trim.

           C.      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 stucco, provided there are unique design features in the elevations of the buildings and/or the buildings are all brick stucco. Unique design features shall be reviewed by    the Planning and Zoning Manager Community Development Director for compliance.

           D.      The same front elevations and design features shall not be used on adjacent structures or                               across from the referenced structure.

           E.      Other similar design variations meeting the intent of this section may be approved by the                               Planning and Zoning Manager Community Development Director.

 

6.        MISCELLANEOUS CONDITIONS

           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Unit Develop­ment Agreement.  Any other proposed use must be specifically authorized by the Planning and Zoning Commission in accordance with the Planned Unit 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 by this Agreement 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.     This PUD Agreement 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.

F.      Implementation of the project shall substantially commence within 24 months of approval of this Planned Unit Development.  In the event, the conditions of the PUD have not been 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 RE-1 (Estate Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions

6.        WAVIER REQUEST AND APPROVAL

           A.      Request:  A wavier to allow the construction and temporary use of no more than five septic tanks to serve the model center and temporary construction trailers until central sewer facilities are available.  Use of the septic tanks are not to exceed one year from the date of obtaining the permits for septic tank installation and use.

Approval: The Planning Commission grants a wavier to allow the construction and temporary use of no more than five septic tanks to serve the model center and temporary construction trailers until central sewer facilities area available with the following conditions:

1.       The Permittee shall be responsible for obtaining all necessary permits and for removal of the septic tanks.

 

6.        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.

 

 

Note: In the following amendments strike throughs are deletions and under lines are additions


LEGAL DESCRIPTION                                                                                       EXHIBIT B

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                              EXHIBIT C

Deleted

 

 

 

CONCEPTUAL SITE PLAN                                                                              EXHIBIT C

Amended