MEETING DATE:   September 12, 2011


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance amending the existing City PUD (Planned Unit Development) zoning for W. Lord Lyall, IV - Victoria Gardens


PROJECT:                 To allow for 55+ age restricted residential and extension of time period



Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed amendments the existing City PUD (Planned Unit Development) zoning for the subject property.



The project site is approximately six acres.  The property is generally located on the north side of Montclair Road, just west of Oakridge Condominiums as shown on the attached General Location Map. The present zoning for this property is City PUD (Planned Unit Development). Currently, the property is undeveloped. The proposed use is 55+ age restricted residential. The surrounding zoning of adjacent properties is City M-1 (Industrial) on the north and west, and City R-3 (High Density Residential) on the east and south. The existing Land Use designation for the subject property is City High Density Residential.


The proposed amendments to the existing City PUD (Planned Unit Development) zoning district are compatible with the adjacent and nearby properties in the area.


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


Future development of the property requires City utilities.


By a vote of 4 to 0 on August 18, 2011, the Planning Commission voted to recommend approval.



1.         Approve the proposed amendments to the existing 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 will occur with the development of this property. 


Submission Date and Time:    9/22/11 10:02 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 W. Lord Lyall, IV, the petitioners 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 amended for the existing PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:


(Legal Description)

See  Exhibit B 


Alternate Key Number: 3859529 and 1773199


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.




By: _________________________________






City Clerk








CASE #: 048-1-081811                                                                                                  EXHIBIT A






July 10, 2008

Revised August 18, 2011


This Planned Development Conditions for the amended PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to W. Lord Lyall, IV (Victoria Gardens) "Permittee" for the purposes and subject to the terms and conditions as set forth herein pursuant to authority contained in Chapter 25 Zoning, Sec­tion 25-278 Planned Developments of the City of Leesburg Code of Ordinances, as amended.


BACKGROUND:  The "Permittee" is desirous of amending the PUD (Planned Unit Development) zoning district to allow construction of a proposed age restricted (55 plus) multi-family residential development consisting of 96 residential units on approximately 6.17 acres located north of Montclair Road, west of McCormack Street, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.


1.               PERMISSION

Permission is hereby granted to construct, operate, and maintain a Planned Development in and on real property in the City of Leesburg.  The property is more particularly described as follows:



          See attached legal Exhibit B.


2.        LAND USE

The above-described property shall be used for an age restricted (55 plus) multi-family residential development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated April 4, 2008 as follows:

A.      Residential Development

 1).     The project shall contain a maximum of 96 age restricted (55 plus) residential units on approximately 6.17 acres at a gross density of 15.6 units per gross acre.


        2).      Minimum lot size, width, depth and building setbacks shall at a minimum meet the requirements for the R-3 (High Density Residential) zoning district.


3).      Minimum distance between structures shall be 20 feet; measured from building wall to building wall.


        4).      Accessory structures shall have a minimum rear and side setback of 5 feet and shall not occupy more than 30 percent of the required rear yard.


        5).      If the architectural building design permits, attached screened enclosures must maintain a minimum setback of five (5) feet from any property line.


        6).      Impervious surface coverage shall not exceed fifty (50) percent for overall project. Open space for the overall project shall be a minimum of fifty (50) percent.


        7).      Maximum building height shall not exceed three (3) stories or forty (40) feet, except:

            a.   Residential buildings located less than fifty (50) feet from the boundary of Oak Ridge Condominiums property shall not exceed two and one-half stories or thirty five (35) feet in height, as measured at the peak of the roofline.


        8).      Permitted Uses:

                  a.       Single family attached or detached homes - Age restricted (55 plus);

                  b.       Multi-family dwellings - Age restricted (55 plus);   

                  c.       Assisted living facilities - Age restricted (55 plus);

                  d.       Accessory structures;

                  c.       Temporary modular sales center and construction office until project completion.


B.      Recreational Development

         1).     Recreational development provided on the site shall include active and passive uses, as well as enclosed or un-enclosed recreational space. This space shall be devoted to the common use of the residents. Said area shall consist of not less than 19,200 square feet total recreational space, calculated as two hundred (200) square feet of space per dwelling unit. In computing usable recreation space, the following items may be considered at one and twenty-five hundredths (1.25) times the actual area.

                  a.      Recreational activities such as play grounds, basketball, tennis and hand ball                              courts, etc.

                  b.      Developed recreational trails which provide access to the public trail system.

                  c.      Swimming pool, including the deck area which normally surrounds such pools.

d.      Indoor recreation rooms provided such rooms are permanently maintained for the use of residents for recreation.


2)      Required recreational amenities shall include a clubhouse and swimming pool.


3).     Required storm water areas and buffer areas shall not be considered as recreational space except for any areas developed as recreational trails which provide access to the public trail system.


         4).     Within the community sidewalks or trails or a combination thereof shall be provided throughout the community to provide pedestrian access from all residences to all amenities.


C.      The commercial use of 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.


            D.    Open Space and Buffer Areas

                    1).      All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by 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 plan application.


                    2).      Wetlands shall have a minimum upland buffer as 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.


                    3).      Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.


        4).      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.


        5).      A wildlife/historical/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.


                    6).      To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association.  The conservation easement shall require that the wetlands be maintained in their natural and unaltered state.  Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.


        7).      Landscape buffer areas shall be required as follows:

                  a.        The northern, eastern and western boundaries of the Victoria Gardens site, including property immediately adjacent to the western side of the Oak Ridge Condominium development, and adjacent to all property zoned M-1 (Industrial), shall be enclosed by an eight (8) foot high brick/masonry wall decorative PVC fence with landscaping.  Said fence shall have decorative posts and caps as an architectural design element (See Conceptual Fence with and Landscape Details Exhibit D).  The wall shall be architecturally compatible with the design of the dwellings. The property adjacent to Oak Ridge Condominiums shall have a minimum twenty-five (25) foot natural buffer on the eastern side of the wall.


        8).      Landscaping of the required buffer areas 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.

                              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.


            f.    Variations to the landscape requirements may be approved i.e. where walls are used, by the Community Development Director as long as the intent of the PUD is maintained. 

           E.      Development Phasing

        1).      The proposed project 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 Unit Development review process.


        2).      Implementation of the project shall substantially commence within 36 months of the amended 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 the current zoning of R-3 (High Density Residential) and M-1 (Industrial) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions.



Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg.  Water, wastewater and natural gas services will be provided by the City of Leesburg.  Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:

           A.      A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.


           B.      A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.


           C.      A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.


           D.      The 100-year flood plain shown on all plans and lots.


           E.      The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.


           F.      A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.


           G.      A detailed site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Land Development Codes.


           H.      Developer shall bear all responsibility, financial and otherwise, for the construction and installation of utility infrastructure and other improvements related to the use and development of the property including such off site improvements required by the City, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction.


           I.       Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all units in the development.



           A.      Vehicular access to the project site shall be provided from Montclair Road on the south. An additional “emergency only” entrance may be constructed on the north eastern side of the property to allow cross access to emergency vehicles such as police and fire between Victoria Gardens and Oak Ridge Condominiums.  Actual location and design of access points shall be determined during the site plan review process and shall include consideration of sidewalks, recreation paths etc. Other potential vehicular and pedestrian accesses will be reviewed during the development review process.


           B.      The Permittee shall provide all necessary improvements/paving/turn lanes/right-of-way/signalization within and adjacent to the development including but not limited to right-of-way for Montclair Road as required by Lake County or the City of Leesburg.

           C.      All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements.


           D.      Sidewalks shall provide cross connections to all recreation and residential areas. Internal road rights-of-ways shall be of sufficient width to contain a sidewalk. All sidewalks shall be constructed in accordance with City of Leesburg Codes.


           E.      The Permittee shall be responsible for obtaining all necessary Lake County permits. A copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.


           F.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements unless specifically accepted by formal action of the City Commission. The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.


           G.      A traffic/transportation study shall be submitted prior to site plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.


           H.      Any issues with regard to easement or access to adjacent properties shall be reviewed by the City Attorney prior to the approval of the final construction plans.


           I.       Any issues regarding current or previous ownership or development rights of the property shall be reviewed by the City Attorney prior to approval of final construction plans.



           A.      Residential Development

1).      Building Design Features         

           a.   All buildings shall utilize at least three of the following design features to provide visual relief along all elevations of the building:

(1)       Dormers

(2)     Gables

(3)     Recessed entries

(4)     Covered porch entries

(5)     Cupolas

(6)     Pillars or posts

(7)     Bay window (minimum 12 inch projections)

(8)     Eaves (minimum 6-inch projections)

(9)     Repetitive windows with minimum 4-inch trim.


B.      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


           C.      Other Features

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


2)         Trash compactors, dumpsters, and automotive repair or wash locations shall be sited on the western half of the property.


     D.      Parking Requirements

  1).                                    All units shall meet the following minimum parking standards.

a.        A minimum of two off street parking spaces shall be provided for each unit. For units with three or more bedrooms, three off street parking spaces shall be provided for each unit. On street parking for residents shall be prohibited.



           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 by the Planning Commission 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 good and aware of the conditions pertaining to the Planned 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.


F.      Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PUD are necessary.


7.        CONCURRENCY      

The proposed land use change or approval would 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 (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




ALTERNATE KEY #’S:  3859529 & 1773199


CONCEPTUAL DEVELOPMENT PLAN                                                          EXHIBIT C