MEETING DATE:   October 23, 2010


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance for amending the zoning for David Allen, for a SPUD (Small Planned Unit Development) district - Economy Auto Sales


PROJECT:                 To allow for additional compliance time



Staff Recommendation: 

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



The project site is approxi­mately one+/- acres.  The property is generally located on the northeast corner of N. Canal Street and Hall Circle as shown on the attached General Location Map. The present zoning for this property is SPUD (Small Planned Unit Development). Currently, the property is developed as auto repair, towing and auto sales. The existing Land Use designation for the subject property is City General Commercial. The property was rezoned to allow auto sales on May 21, 2009 with conditions for improvements to the property such as painting, landscaping and fencing over a specified time period of ninety days to six months. Because of the slow economy, the owner has not been able to comply with the conditions and is requesting an extension to the required time periods to one and two years. As a condition to the extensions, the owner has agreed to install black metal (aluminum wrought iron style) fencing along Canal St. and a portion of Line St.


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


The existing land uses surrounding the property are undeveloped property and commercial uses.


The property has the required City utilities.


By a vote of 7 to 0 on September 23, 2010, the Planning Commission voted to recommend approval of the changes.




1.         Approve the proposed amended zoning for the 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:    10/20/10 2:53 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 David Allen, 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 amending the 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: 1265169



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 #: 038-1-092310                                                                                             EXHIBIT A

(Previous Case #: 017-1-052109)                                                                           


                                                        ECONOMY AUTO SALES


                                       PLANNED DEVELOPMENT CONDITIONS

May 21, 2009

September 23, 2010 Revised


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 David Allen, "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 towing service and auto repairs and the proposed use is to ad vehicle sales as permitted by these conditions on an approxi­mately one+/- acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.



          Permission is hereby granted to David Allen 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 northeast corner of N. Canal Street and Hall Circle.  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 this document and shall          occupy the approximate area as shown on the Conceptual Plan dated March 27, 2009.


                    2)       Permitted Uses shall be as follows:

                              a.       Commercial uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as a permitted uses including towing services, vehicle repairs with the addition of vehicle sales for the approximate area as shown on the Conceptual Plan dated March 27, 2009.


          B.       Uses prohibited shall be as follows:

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

                              b.      convenience store with or without gas pumps

                              c.      recreation uses - indoor and outdoor

                              d.      bars and lounges

                              e.      clubs and lodges

                              f.       package stores

                              g.      places of worship

                              h.      educational facilities

                              i.       transient accommodations

                              j.       crematoriums and funeral parlors


          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 N. Canal Street and Hall Circle. Any additional access 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.


B.           All operations shall be carried on entirely within an enclosed structure, except as permitted under accessory uses of Section 25-288 Commercial uses, (q) Vehicle services, City of Leesburg Code of Ordinances, as amended.


C.          No outdoor storage areas shall be permitted except as per Section 25-288


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.      There are no wetlands on the site.



          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.      Development of the property should not require a traffic study since the site is currently developed and the proposed additional use has limited traffic impacts. A transportation study waiver may be requested from the MPO exempting the project based on the previous use of the property and substantiation of minimum change in traffic impacts.      



          A.      All landscaping and buffering shall be in accordance with regulations con­tained within   the City of Leesburg Code of Ordinances except as provided under these conditions.

                    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 any                                       construction.

           B.       A six foot high solid decorative fence or wall (See attached Exhibit C) shall be constructed on the southern boundary along Hall Circle, and on the western boundary along Canal Street to match at a minimum the existing fence to the south of Hall Circle, as shown on the attached site plan as Exhibit D. The western boundary along Canal Street and the southern boundary along Hall Circle shall be constructed with the following schedule: western boundary and southern boundary to existing gate on Hall Circle within ninety days and the remaining fencing along Hall Circle within six months one year of approval of these revised conditions. This will provide a visual buffer for the vehicle repair and towing uses from the adjacent properties and public streets. The existing security chain link fencing on Canal St. shall be replaced with a six foot black metal (aluminum wrought iron style) fence with security pickets at the top within two years (See attached Exhibit C) may remain including the barb wire until there is a  “change in use” for a property, or the redevelopment/renovation of the property exceeding 25% of the value of the building(s) as shown on the Property Appraiser’s Property Record Card. Existing security fencing may also remain behind new required solid buffer fencing. All barb wire shall be removed within six months.


           C.       Variations to the landscape requirements of the code may be approved by the Community Development Director because of the existing development of the property as long as the intent of the        PUD 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.  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 C-2 (Community Commercial) 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. 

       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.


           F.      The existing building(s) located at the southern corner of the site shall be painted to provide for proper maintenance and to improve there appearance within six months ninety days of approval of these revised conditions.



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




The West 90 feet of Lot 2 and that part of Lot 3, lying East of Dozier’s Subdivision, Leesburg, Florida, according to the plat thereof recorded in Plat Book 2, Page 19, Public Records of Lake County, Florida, being in Block 50 of the City of Leesburg, Florida, LESS:  from the Northwest corner of Lot 2, Block 50, City of Leesburg, Florida, according to the Official Plat thereof as recorded in Plat Book 2, Page 19, Public Records of Lake County, Florida, run thence South 89°59’30” East along the North line of Lot 2 a distance of 90 feet to the point of beginning:  run thence South 00°18’10” West parallel to the West line of said Lot 2 a distance of 308.62 feet to the Northerly right of way line of present Seaboard Coast Line Railroad;  thence North 75°06’22” West along said railroad right-of-way for 33 feet; thence North 06°22’23” East 302 feet to the point of beginning.  All being in Section 26, Township 19 South, Range 24 East, Lake County, Florida


Alternate Key # 1265169




















































Vehicle Sales Landscape diagram for display area along a public street

























CONCEPTUAL SITE PLAN                                                                               EXHIBIT D