AGENDA MEMORANDUM

 

 

MEETING DATE:   February 28, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for The Diocese of Orlando from County A (Agriculture) to City PUD (Planned Unit Development)

 

PROJECT:                 To allow for a worship center with associated 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 City PUD (Planned Unit Development).

 

Analysis:

The project site is approximately 38.7 acres.  The property is generally located east of US Highway 27, south of Arapaho Trail and north of Windsong Oak Drive as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed uses are for a worship center with associated uses to possibly include private school facilities (K-8) and senior living facilities. The surrounding zoning of adjacent properties is City P (Public) and County PUD (Planned Unit Development) on the north, County PUD (Planned Unit Development) south and east, and City C-2 (Community Commercial), County C-1 (Neighborhood Commercial), County A (Agriculture) and County R-3 (Medium Density

Residential) on the west. The proposed Land Use designation for the subject property is City Institutional.

 

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

 

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

 

Future development of the property requires City utilities.

 

By a vote of 7 to 0 on January 20, 2011, the Planning Commission voted to recommend approval.

 

Options:        

1.         Approve the proposed rezoning to City PUD (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 development of this vacant site.

 

Submission Date and Time:    2/24/11 4:17 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, REZONING APPROXIMATELY 38.7 ACRES GENERALLY LOCATED EAST OF US HIGHWAY 27, SOUTH OF ARAPAHO TRAIL AND NORTH OF WINDSONG OAK DRIVE, LYING IN SECTION 24, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Diocese of Orlando)

 

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

 

Section 1

 

Based upon the petition of The Diocese of Orlando, 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 PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:

 

(Legal Description)

 

The S.W. ¼ of the S.E ¼ of Section 24, Township 20 South, Range 24 East, Lake County, Florida. LESS right-of-way for U.S. Hwy. 27.

Subject to all easements, right-of-way and restrictions of record, if any.

Alternate Key:   1112931

 

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                                          , 2011.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

 

 

___________________________________

City Clerk

 

 

 

 

 

 

 

CASE #:051-1-111810                                                                                         EXHIBIT A

                                                                       

                        THE DIOCESE OF ORLANDO SOUTH LEESBURG CAMPUS

REZONING TO PUD (PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

January 20, 2011

 

These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to The Diocese of Orlando, "Permittee" for the purposes, 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 PUD (Planned Unit Development) zoning district to allow a worship center /social hall, private school facilities (K-8), priest residence, daycare, thrift store, and senior housing (adult living facility, extended care, memory care) campus on an approximately 38.7 +/- acre site within the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to The Diocese of Orlando to operate and maintain a PUD (Planned Unit Development) development in and on real property in the City of Leesburg. The property is generally located east of US Highway 27, south of Arapaho Trail and north of Windsong Oak Drive.  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, containing approximately 38.7 acres, shall be used for PUD (Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards for particular uses.

 

           A.      Permitted Uses

                    Uses shall be those listed for the PUD (Planned Unit Development) uses in the Land Development Code as permitted uses for church center uses including worship services, and uses associated therewith; and such other uses reasonably ancillary to the church use such as private school facilities (K-8) and senior living facilities with accessory uses for the approximate area as shown on the Conceptual Plan and as listed herein.

         

          B.      Adult Living Facility Uses

                          The project shall have a gross density not to exceed 12 units per acre. Senior apartments shall be limited to 150 units and assisted or congregate living shall be limited to 20 units (five individuals equals one unit) as provided by the code for adult living facilities. However, the unit limits maybe increased where other proposed uses are reduced or eliminated and the development impacts are not increased.

                           

 

C.      Worship Center and Accessory Uses

         Uses shall be those listed for the PUD (Planned Unit Development) uses in the Land Development Code as permitted uses for a church center uses including worship services and uses associated therewith; children's day care, private school facilities (K-8) with associated school uses, fitness center, classrooms, dining facilities), life center, conference and meeting space, social work and social services, charitable services, administrative offices, library, gift shop, thrift store, cafeteria, food service preparation and delivery, passive recreation,  parsonage, church events, festivals, and such other uses reasonably ancillary to the church use for the approximate area as shown on the Conceptual Plan.

         

          D.      Uses Prohibited shall be as follows:

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

                    2)       Commercial uses not accessory to the primary worship center use

                   3)        Public school uses

                    4)       Active developed school recreation areas with or without lighting

                    5)       Industrial uses

         

                 E.     Area        

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

 

          F.       Open Space

A minimum of twenty (20) percent of the site shall be developed as open space, including retention areas, buffer, passive recreation areas 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 will be from US Highway 27 and Windsong Oak Drive. Any additional access shall be subject to the City of Leesburg PUD amendment and site plan application review process.

5.        DESIGN REQUIREMENTS

A.     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.

          

           B.      Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.

          

6.       DEVELOPMENT STANDARDS

                 A.     The minimum development standards shall be those required for the PUD district except as amended by these conditions and may limit the permitted uses based on site plan requirements.      

.

          B.       Maximum building height for residential structures shall not exceed two (2) stories or 25 feet adjacent to single family residential areas except that for each two (2) foot of additional setback from the required buffer area, an additional one (1) foot of height above two stories shall be permitted not to exceed three (3) stories or thirty-five (35) feet.

         

          C.       A restrictive area along the eastern and northern boundaries of the property of one hundred and fifty (150) feet in width shall be reserved for senior housing type facilities and associated uses or open space/landscape buffer only.

 

          D.      A wildlife/archaeological 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 management plan shall be submitted to the City as part of the preliminary plan application. The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan. 

 

7.       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, which shall include the required number of handicapped parking spaces. The location and design of the proposed parking area will be reviewed during the site plan review process to provide for alternatives to large parking areas.

 

8.       WETLANDS

A.      Should wetlands exist on the site, the following requirements shall apply. 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).

 


9.       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.

 

10.     TRANSPORTATION

          A.      All transportation improvements shall be based on a current traffic analysis 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 a minimum of two access points on Windsong Oak Drive through a divided boulevard type road and an additional right in and right out access on US Highway 27. Actual locations and design of the boulevard shall be determined during the Site Plan review process. 

         

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

         

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

         

          E.        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.  

         

          F.      At such time that traffic signals are warranted at the intersections adjacent to the proposed project entrances, the Permittee shall pay their pro-rata share of the cost of the signal(s) as determined by City staff.

 

11.      LANDSCAPING AND BUFFER REQUIREMENTS

A.       A twenty-five (25) foot wide vegetative landscaped buffer shall be required along boundaries of the development except for US Highway 27 and may include retention areas. The buffer shall retain existing healthy trees, shrubs and ground cover and shall include additional plantings where needed as provide in “C” below.

 

B.       In addition, development of the buffers shall include a six (6) foot high decorative tan PVC fence installed along the property lines on the development as a visual buffer to adjacent residential properties (See Exhibit D).

       

C.      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 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.

2)      Existing vegetation in the required buffer shall be protected during any construction.

           D.     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.

 

12.     MAINTENANCE

                   A.      With the exception of public utilities, maintenance of all site improvements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.

        

         13.      DEVELOPMENT PHASING

                    A.      The proposed project may be constructed in phases in accordance with the Planned Unit Development Conditions and Conceptual Plan. However, the worship center shall be constructed first before other uses are permitted. 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 PUD have not been substantially 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 another appropriate zoning classification.

 

14.      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 PUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made 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 PUD 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.

 

15.    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.        If development on this site is cause for off-site improvements for water and wastewater, the developer will bear the cost of design, permitting and construction of any such improvements.  The developer shall receive no impact fee credits for any such required off-site improvements.  The developer and the City may enter into a pioneering agreement with the developer, if appropriate.

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 their 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 S.W. ¼ of the S.E ¼ of Section 24, Township 20 South, Range 24 East, Lake County, Florida. LESS right-of-way for U.S. Hwy. 27.

Subject to all easements, right-of-way and restrictions of record , if any.

 

Alternate Key:   1112931


CONCEPTUAL SITE PLAN                                                                     EXHIBIT C

CONCEPTUAL FENCE WITH AND LANDSCAPE DETAILS                     EXHIBIT D