AGENDA MEMORANDUM

 

 

MEETING DATE:   July 11, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for GW Real Estate Holding, LLC property from City R-3 (High Density Residential) to City PUD (Planned Unit Development)

 

PROJECT:                 To allow for a mobile home park

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City R-3 (High Density Residential) to City PUD (Planned Unit Development).(Hidden Harbors Mobile Home Park)

 

Analysis:

The project site is approximately 17 acres.  The property is generally located east of U.S. 27, west of Lake Harris and south of Magnolia Avenue, as shown on the attached General Location Map. The present zoning for this property is City R-3 (High Density Residential) with a PDO Design Overlay District. Currently, the property is vacant townhome plat with roads, utilities etc. and the proposed use is for an upscale (double-wide units) mobile home park. The surrounding zoning of adjacent properties is County R-6 (Urban Residential District) and County C-1 (Neighborhood Commercial) on the north, County R-6 (Urban Residential District) and County C-1 (Neighborhood Commercial) on the south, County CFD (Community Facilities) on the east, and County R-6 (Urban Residential) and City C-2 (Community Commercial) on the west. The existing Land Use designation for the subject property is City Residential High Density and City Conservation.

 

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 General Commercial and would be a reduction in intensity with the change from the approved 88 unrestricted town homes to 44 age restricted manufactured homes..

 

The existing land uses surrounding the property are undeveloped, single family homes, a self storage facility and Lake Harris.

 

The development currently has City utilities.

 

By a vote of 6 to 0 June 16, 2011, the Planning Commission voted to recommend approval of the proposed request.

 


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 further development of this property.

 

Submission Date and Time:    7/22/11 5:24 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 17 ACRES GENERALLY LOCATED EAST OF U.S. 27, WEST OF LAKE HARRIS AND SOUTH OF MAGNOLIA AVENUE, LYING IN SECTION 11, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) WITH A PDO DESIGN OVERLAY DISTRICT TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Hidden Harbors Mobile Home Park) (GW Real Estate Holding, LLC)

 

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

 

Section 1

 

Based upon the petition of GW Real Estate Holding, LLC, 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 City R-3 (High Density Residential) with a PDO Design Overlay District 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                            day of                                          , 2011.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

 

 

___________________________________

City Clerk

 

 

 

 

 

 


 

 

CASE #:  037-1-061611                                                                                               EXHIBIT A 

 

HIDDEN HARBOR MOBILE HOME PARK

PLANNED UNIT DEVELOPMENT CONDITIONS

June 16, 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 GW Real Estate Holding, LLC (Gary Wickman), “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 a mobile home park development consisting of a maximum of 44 detached single-family age restricted manufactured units on approximately 17 acres generally located east of U.S. 27, west of Lake Harris and south of Magnolia Avenue, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to GW Real Estate Holding, LLC (Gary Wickman), to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg.  The property is generally located east of U.S. 27, west of Lake Harris and south of Magnolia Avenue. The property is more particularly described as follows:

 

          LEGAL DESCRIPTION:

          See attached legal Exhibit B.

         

2.        LAND USE

The above-described property, containing approximately 17 acres, shall be used for single-family detached residential manufactured home uses, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

        1)        The project shall contain a maximum of 44 detached single-family detached age restricted (55 years old or older) manufactured units at a gross density not to exceed 2.6 units per acre.        

 

2)       The minimum sites shall be as approved as per these conditions and as on the conceptual plan dated May 2011 Exhibit E.

       

        3)       The following minimum site standards shall be maintained:

                              a.       Overall Park Site Boundaries

                                        North setback from property boundaries – 10 feet;

                                        South and west setback from property boundaries – 10 feet;

                      East setback – 50 feet from wetlands line; and

            b.       Manufactured Housing units

                     Front setback – 25 feet from edge of pavement

           c.       Separation between units.

1.      Mobile homes shall maintain a setback between units of ten (10) feet;

           d.       Unit Site

                     1.     Each mobile home site shall consist of usable area of not less than four thousand (4,000) square feet exclusive of all roadways, common recreation areas or common parking areas;

                     2.     Each lot shall have not less than forty (40) feet of frontage on a park street except that 10% of the lots may have thirty (30) feet.

           e.      The size of the required total recreation area shall be based upon a minimum of one hundred fifty (150) square feet for each unit. No outdoor recreation area including pool area shall contain less than four thousand five hundred (4,500) square feet;

 

4)       Impervious surface coverage for single-family detached shall not exceed 65 percent. Open space shall be a minimum of 25 percent.                         

      

       5)        Maximum building height shall not exceed 35 feet.

      

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

 

                   7).       Permitted Uses:

                  a.       Single-family detached age restricted (55 years old or older) double-wide manufactured units;          

                  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 park area for the development.

 

2)       Community docks shall be limited to one dock with ten slips and one board walk through the wetlands in accordance with Section C.

 

3)       Design of the site shall include a naturally vegetated landscape buffer of at least ten (10) feet along the northern boundary of the property, for the purpose of separating this development from the single family development to the north.

         

4)       Recreational vehicle parking shall be prohibited within the development unless vehicles are parked within an enclosed structure or within a designated storage area for the development which is properly buffered and screened to include the fencing as shown in Exhibit E.  However, vehicles may temporarily park at units for no more than forty-eight hours for loading and unloading purposes. However, recreational vehicle units parked temporarily for loading or unloading shall not be utilized for living purposes nor connected to power, water or other utilities.

 

C.       Wetlands 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 25 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 fishing piers, docks, 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.

 

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 regulations contained within the City of Leesburg Code of Ordinances.

           B.      The northern property line shall have a ten (10) foot landscape buffer with a six (6) foot decorative PVC fence with decorative posts and caps as seen on Exhibit D with landscape canopy trees installed along the property line. The exact location of the fence shall be determined after reviewing the location of existing trees that may be incorporated into the buffer area.

           C.      The western property line shall use the existing rear walls of the storage units as a buffer.

           D.      Landscaping of the required southern buffer area 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.

                    1)       Two (2) canopy trees, two (2) understory trees, thirty (30) shrubs

2)       The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.

           E.      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.       COMMON PROPERTY MANAGEMENT & MAINTENANCE

          A.      With the exception of public streets, 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 developer/owner..

                   

                    B.      A "General Common Element” means a portion of the common property, intended for the general use of all of the residents. The following portions of the property, are designated as General Common Elements and shall be the responsibility of the developer/owner; however this list is not all inclusive and does not limit the general statements which precede it:

1)       The access and utility easements identified as belonging to the development as designated on the site plan  and privately shared access ways within the property, including the any access and utility easements;

2)       All sidewalks, curbs, gutters, drainage systems, mailboxes, any lateral water and sewer lines, retaining walls, common parking areas (if any), and community facilities;

3)       All landscaped areas.

 

7.        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. All units shall have front porches unless an alternate elevation is approved by the Community Development Director which meets the intent of this section.

           b.      Minimum living areas (heated and air-conditioned space) shall be 800 square feet per unit.

           c.      Each unit shall have a minimum of a single carport or screen porch.

           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 two unique design features in the elevations of the units in addition to A.1)c. above. 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 except for porches.

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

E.      A minimum of one off street parking space shall be provided for each unit. Garages shall be required to be maintained for primarily parking of vehicles. On street parking for residents shall be prohibited except for temporary guests.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

ELEVATION DESIGN FEATURES                                                                      EXHIBIT C

 

                                                              

CONCEPTUAL FENCING                                                                                     EXHIBIT D

 

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PARK PLAN                                                                                                               EXHIBIT E