AGENDA MEMORANDUM

 

 

MEETING DATE:   August 8, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Southpointe Baptist Fellowship, Inc. 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 40 acres.  The property is generally located east of US Highway 27, south of Windsong Oak Drive as shown on the attached General Location Map. The present zoning for this property is County CFD (Community Facilities–PFD). Currently, the property is developed as a worship center with the eastern half undeveloped and the proposed uses are to continue the worship center with associated uses. The surrounding zoning of adjacent properties is City PUD (Planned Unit Development) on the north, County A (Agriculture) on the south and east, and County R-3 (Medium Residential), County A (Agriculture) and County CFD (Community Facilities-PFD) 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 and single family residential.

 

The property uses City utilities.

 

By a vote of 7 to 0 on July 21, 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 potential for a positive fiscal impact to the City through the future development of properties adjacent to the south

 

Submission Date and Time:    8/3/11 12:12 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 40 ACRES GENERALLY LOCATED EAST OF US HIGHWAY 27, SOUTH OF WINDSONG OAK DRIVE, LYING IN SECTION 25, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Southpointe Baptist Fellowship, Inc.)

 

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

 

Section 1

 

Based upon the petition of Southpointe Baptist Fellowship, Inc., 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)

Alternate Key:  1081904

 

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 #:  023-1-042111                                                                                                 EXHIBIT A

         

 

SOUTHPOINTE BAPTIST FELLOWSHIP, INC

PLANNED UNIT DEVELOPMENT CONDITIONS

July 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 Southpointe Baptist Fellowship, Inc., “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 worship center development on approximately 40 acres generally located south of Highland Lakes Blvd. east of US Highway 27 and south of Windsong Oaks Drive on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.        PERMISSION is hereby granted to Southpointe Baptist Fellowship, Inc., 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. east of US Highway 27 and south of Windsong Oaks Drive. The property is more particularly described as follows:

 

2.       LEGAL DESCRIPTION

          See attached legal Exhibit B

 

3.       LAND USES

          The above-described property, containing approximately 40 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 a multi-purpose worship center including living unit/facilities with accessory uses for the approximate area as shown on the Conceptual Plan and as listed herein.

                    1)       Multi-purpose 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; family-life center/gymnasium with meeting/educational rooms, private preschool/school facilities (K-8) with associated school uses, parsonage/caretaker’s residence, temporary residence for visiting missionaries, children's day care, 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, unenclosed active recreation facilities such as sport fields etc on the south half of the site, as well as, active recreation facilities such as gymnasium, pool etc. on the north half of the site where enclosed in a building,  church events, festivals, and such other uses reasonably ancillary to the church use for the approximate area as shown on the Conceptual Plan.

         

                     2)      Senior Living Facility Uses

                              The project shall have a gross density not to exceed 12 units per acre for senior living facilities. Assisted or congregate living shall be limited to 20 units (five individuals equals one unit) as provided by the code for adult living facilities

        

         B.       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

                             

                 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, 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 two access points, one the south end of the property on US Highway 27 and the existing Windsong Oak Drive access. Any additional access shall be subject to the City of Leesburg PUD amendment and site plan application review process.

 

5.        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 wildlife/archaeological management plan for future development of 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. 

 


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, 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.

 

7.       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).

 

8.       DRAINAGE AND UTILITIES

          A.      Prior to receiving Final Development Plan Approval for future development of the project site, 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.

 

9.       TRANSPORTATION

          A.      All future transportation improvements shall be based on a current traffic analysis and shall be contingent upon Site Plan approval for future development of the project site 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, one the south end of the property on US Highway 27 and the existing Windsong Oak Drive access.  Actual locations and design of future access points shall be determined during the Site Plan review process. 

         

          C.      The Permittee shall provide all necessary improvements/signalization adjacent to the development for future development of the project site 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 for future development of the project site 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 for future development of the project site 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 for future development of the project site 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.

 

10.      LANDSCAPING AND BUFFER REQUIREMENTS

A.       A twenty-five (25) foot wide vegetative landscaped buffer shall be required for future development along boundaries of the development adjacent to residential except for US Highway 27. 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 for future development of the project site 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.

 

11.      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.

        

         12.      DEVELOPMENT PHASING

                    A.      The future development of the project site may be constructed in phases in accordance with the 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.

                   

13.      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.

 

14.      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

 

 

Alternate Key # 1081904                                                                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                                   EXHIBIT C

CONCEPTUAL FENCE WITH AND LANDSCAPE DETAILS                     EXHIBIT D