AGENDA MEMORANDUM

 

 

MEETING DATE:   May 9, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Windsong at Leesburg Subdivision from County PUD (Planned Unit Development) to City PUD (Planned Unit Development)

 

PROJECT:                 To allow for continued single family residential development

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from County PUD (Planned Unit Development) to City PUD (Planned Unit Development).

 

Analysis:

The project site is approximately 73.36 acres.  The property is generally located south of County Road 48 and east of US Highway 27 and south of Highland Lakes Boulevard as shown on the attached General Location Map. The present zoning for this property is County PUD (Planned Unit Development). Currently, the property is used for single family residential development and the proposed use is to continue the single family residential development uses. The surrounding zoning of adjacent properties is County PUD (Planned Unit Development) on the north, County CFD (Community Facility District) and County A (Agriculture) on the south, County A (Agriculture) on the east, City PUD (Planned Unit Development), County R-3 (Medium Residential District) and County A (Agriculture) on the west. The proposed Land Use designation for the subject property is City Estate.

 

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 Estate.

 

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

 

City water and wastewater utilities are currently provided to the development.

 

By a vote of 7 to 0 on April 21, 2010, 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:

A positive fiscal impact is expected as show by the fiscal impact analysis once the property is shown on the City’s tax roll. 

 

 

Submission Date and Time:    6/10/11 12:42 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 73.36 ACRES GENERALLY LOCATED SOUTH OF COUNTY ROAD 48 AND EAST OF US HIGHWAY 27 AND SOUTH OF HIGHLAND LAKES BOULEVARD, LYING IN SECTION 24, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (WINDSONG AT LEESBURG)

 

 

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

 

Section 1

 

Based upon the Covenant to Annexation of Windsong at Leesburg Subdivision for 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 PUD (Planned Unit Development) to City PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:

 

 

                                                    Legal Description

(See EXHIBIT B)

 

 

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 13th day of June, 2011.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

CASE #:  020-1-042111                                                                                               EXHIBIT A

      

 

WINDSONG AT LEESBURG SUBDIVISION

PLANNED UNIT DEVELOPMENT CONDITIONS

April 21, 2011

 

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 Windsong at Leesburg Subdivision, “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 a Planned Unit Develop­ment (PUD) zoning district for an existing residential subdivision development consisting of a maximum of 185 detached single-family units on approximately 73.36 acres generally located south of County Road 48 and east of US Highway 27 and south of Highland Lakes Boulevard, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to Windsong at Leesburg Subdivision, 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 Highland Lakes Blvd. and east of US Highway 27 and Windsong Oak Drive. The property is more particularly described as follows:

 

          LEGAL DESCRIPTION:

          See attached legal Exhibit B.

         

2.        LAND USE

The above-described property, containing approximately 73.36 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 185 detached single-family units at a gross density not to exceed 2.52 units per acre.      

 

2)       The minimum lot widths, depths and sizes shall be as approved on the plat for Windsong subdivision Exhibit D.

       

        3)       The following minimum yard setbacks shall be maintained:

                              Front setback – 20 feet;

            Rear setback –18 feet; and

            Side setbacks - minimums 5 feet each side.                      

 

4)       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.

       

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

       

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

      

       7)        Impervious surface coverage for single-family detached shall not exceed 45 percent. Open space shall be a minimum of 25 percent.                         

      

       8)        Maximum building height shall not exceed 40 feet.

      

       9)        An attached screened enclosures (no solid roof) must maintain a minimum setback of five (5) feet from the side and rear property line.

 

                   10).     Permitted Uses:

                  a.       Single-family detached dwellings;       

                  b.       Accessory structures;

                  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.

           B.      Recreational Development

1)       Recreational development shall include an active pool/cabana area and passive playground/park for the development.

 

2)       Recreational vehicle parking shall be restricted through deed restrictions/covenants which shall prohibit parking within the development unless vehicles are parked within an enclosed structure.  However, vehicles may temporarily park for no more than forty-eight hours for loading and unloading purposes.

 C.      Wetlands Areas

        1)     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).

 

3.        DRAINAGE AND UTILITIES

A.     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 has been provided by the permittee providing the following:.

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.

 

4.        TRANSPORTATION IMPROVEMENTS

           A.      If future redevelopment of the property is desired, any transportation improvements including but not limited to signalization, signage or turn lanes shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application.  All required transportation improvements shall comply with regulations of the City of Leesburg, Lake County, and/or the Florida Department of Transportation as applicable.

           B.      The traffic/transportation study has been reviewed to determine any necessary access improvements, including any off site improvements required by FDOT, Lake County, the MPO or the City of Leesburg. Said improvements are the responsibility of the Developer.

5.        LANDSCAPING AND BUFFER REQUIREMENTS

           A.      Any required landscaping and buffering, if applicable, shall be in accordance with the approved subdivision plans/covenants and regulations contained within the City of Leesburg Code of Ordinances.

          

           B.      Variations to the landscape and buffer 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 code are maintained.

 

6.        DESIGN REQUIREMENTS

           A.      Residential Development

                    1)       Building Design

                        a.      Single family detached units shall be designed with elevations that are the same or similar to the attached elevations Exhibit C.

           b.      Minimum living areas (heated and air-conditioned space) shall be 1,300 square feet per unit.

           c.      Each unit shall have a minimum of a two car garage.

           d.      Accessory buildings shall be designed to be architecturally similar and compatible to the principal residence.

 

B.      Exterior building materials contribute significantly to the visual impact of buildings in the community. They shall be well designed and integrated into a comprehensive design style for the development. 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)       All stucco, provided there are at least two unique design features in the elevations of the buildings and the driveway uses brick pavers. Unique design features shall be as follows and shall be reviewed by           the Community Development Director for compliance.

                              a.       Dormers

                              b.       Gables

                              c.       Recessed or raised entries

                              d.       Covered porch entries

                              e.       Cupolas

                              f.        Pillars or decorative posts

                              g.       Bay window (minimum 12 inch projections)

                              h.       Front windows with arched glass tops.

          

           C.      The same front elevations and design features shall not be used on adjacent units or    immediately           across the street from the referenced unit.

          

           D.      Other similar design variations meeting the intent of this section may be approved by the                               Community Development Director.

 

E.      A minimum of two off street parking spaces, including garages, shall be provided for each unit. For units with three or more bedrooms, three off street parking spaces shall be provided, including spaces within garages, for each unit. Garages shall be required to be maintained for primarily parking of vehicles both through these conditions and through restrictive covenants. On street parking for residents shall be prohibited except for guest (thirty days maximum).

 

7.        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 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.

 

8.        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.

 

 

 

 

 

 


LEGAL DESCRIPTION                                                                                       EXHIBIT B