MEETING DATE:   November 14, 2011


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance for rezoning for Silver Lake Partnership/DRJ Land Company (Jenkins Volkswagen) from City C-3 (Highway Commercial) and City PUD (Planned Unit Development) to SPUD (Small Planned Unit Development)


PROJECT:                 To allow for an auto dealership with sales, service and accessory uses



Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City C-3 (Highway Commercial) and City PUD (Planned Unit Development) to SPUD (Small Planned Unit Development).



The project site is approximately 8.2 acres. The property is generally located east side of Stewart Lane, on the north side of U.S. Highway 441 and the south side of Silver Lake Drive as shown on the attached General Location Map. The present zoning for this property is City C-3 (Highway Commercial) and City PUD (Planned Unit Development). Currently, the property is used as a vacant convenience store and undeveloped land. The surrounding zoning of adjacent properties is County R-1 (Rural Residential)  (Silver Lake) R-3 (High Density Residential) to the north, City P (Public) to the south, City C-3 (Highway Commercial) and City P (Public) to the east and City C-3 (Highway Commercial), City CIP (Commercial/Industrial Planned) and County RP (Residential/Professional) to the west. The existing Land Use designations for the subject property are City Commerce, City General Commercial and City Low Density Residential.


The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the existing future land use designations.


The existing land uses surrounding the property are Silver Lake,          the airport, undeveloped, auto sales

and multi-family.


The property uses City utilities.


By a vote of 6 to 0 on October 20, 2011, the Planning Commission voted to recommend approval.



1.         Approve the proposed rezoning to City SPUD (Small 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 will be a positive fiscal impact to the City through the future development of this property.


Submission Date and Time:    11/23/11 5:20 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 _____________________






































CASE #: 054-1-102011                                                                                               EXHIBIT A


                                               DRJ LAND COMPANY PROPERTY


                                       PLANNED DEVELOPMENT CONDITIONS

                                                                  October 20, 2011


These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Silver Lake Partnership/DRJ Land Company "Permittee" for the purposes and 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 SPUD (Small Planned Unit Development) zoning dis­trict to permit an auto dealership with sales, service and accessory uses on an approxi­mately 8.2 acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.


1.        PERMISSION

          Permission is hereby granted to Silver Lake Partnership/DRJ Land Company to operate and maintain a City SPUD (Small Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located east side of Stewart Lane, on the north side of U.S. Highway 441 and the south side of Silver Lake Drive.  The property is more particularly described as shown in the attached legal description below.



          See attached legal Exhibit B


3.       LAND USES

The above-described property shall be used for SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.

A.             Uses

                    1)       Uses shall be those listed as permitted uses in this document and shall          occupy the approximate area as shown on the Conceptual Plan Exhibit C.


                    2)       Permitted Uses shall be as follows:

                              a.      Commercial uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as a permitted use including auto dealership with sales, service and accessory uses for the approximate area as shown on the Conceptual Plan.


                              b.      Detached single family residential uses along Silver Lake Drive on a minimum of one-half acre lots with seventy-five foot frontage. Maximum of five units permitted.


                    3)       Uses prohibited shall be as follows:

                              a.      All uses not permitted by the SPUD (Small Planned Unit Development)

                              b.      recreational uses - indoor and outdoor

                              c.      crematoriums and funeral parlors

                              d.      bars and lounges

                              e.      clubs and lodges

                              f.       package stores

                              g.      educational facilities

                              h.      internet sweepstake cafés

                              i.       public access to Silver Lake except for owners of property(s)

                              j.       all residential except detached single family residential


          B.       Area  

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


          C.       Open Space

A minimum of twenty (20) percent of the site shall be developed as open space, including retention areas, buffer 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 is currently available along U.S. Highway 441, Stewart Lane and Silver Lake Drive.  Access to Silver Lake Drive shall be prohibited except for detached single family residential. Approval of access points shall be subject to the City of Leesburg Site Plan Application review process.



          A.    The minimum development standards shall be those required for the SPUD district except as amended by these conditions including the Conceptual Plan.


B.          All service and repair operations shall be carried on entirely within an enclosed structure, except as permitted under accessory uses of Section 25-284, City of Leesburg Code of Ordinances, as amended.


C.          Display areas for vehicles for sale may not encroach into the required parking and landscape areas.


D.         Outdoor storage areas for inoperable vehicles shall be completely screened from adjacent properties and streets. 


E.          Areas of property not occupied by structures, displays or paving shall be landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.


F.    The applicant shall remove the nonconforming pole sign and construct a new monument sign for the site in conformance with the City’s sign code.


6.       PARKING

A.             The permittee shall construct off-street parking spaces within the development per the conceptual site plan, pursuant to the City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces. 


7.       WETLANDS

A.      Wetlands do not appear to exist on the site. However, 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).



          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.



           A.      Any transportation improvements or right-of-way that may be required shall be based on projected needs and shall be contingent upon site plan approval by City staff during the development review and permitting process.

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

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

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

           E.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements.  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.

           F.      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.         

           G.      The City’s proposed route for the trail system will be reviewed for any impacts to this project during the Site Plan Application review process.



          A.      All landscaping and buffering shall be in accordance with the Conceptual Plan and regulations con­tained within the City of Leesburg Code of Ordinances including;

                     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 City of Leesburg Code of Ordinances, as amended.

a.   Two (2) canopy trees (See code for palm tree usage)

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.    In addition, a six (6) foot high decorative masonry wall with landscaping shall be installed along the west 20 foot buffer area and within the northern 20 foot buffer area abutting the parking lot only until such time as the residential lots along Silver Lake Drive are developed. The remaining decorative masonry wall within the northern 20 foot buffer will be completed to the eastern boundary when the residential lots abutting Silver Lake Drive are developed.  Existing trees and vegetation will be credited toward the buffer requirements for all buffer locations. Said masonry wall shall have decorative posts and caps as an architectural design element (See Conceptual Wall/ Landscape details exhibit D).


B.       Variations to the landscape 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 SPUD and the Landscaping Code are maintained.



                   A.      With the exception of public 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 owner. 



           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, sign (wall, pole or monument signs) 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 SPUD 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 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 SPUD 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.



         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 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.



LEGAL DESCRIPTION                                                                                       EXHIBIT B


Begin at the most Northerly corner of Lot 1, Country Club Gateway Subdivision, as recorded in Plat Book 17, Page 41 of the Public Records of Lake County, Florida, run Southwesterly along the Southeasterly ROW of Stewart Lane to the ROW of US Highway 441,  Run Southeasterly along the northern ROW of US 441 to a point on the northerly ROW  line of US 441 that would be the Easterly line of Gateway Subdivision if extended to the ROW, continue along said northerly ROW  of a distance of 170 feet, thence run northeasterly  to a point on southerly boundary of a parcel described as (LEESBURG, SILVER LAKE ESTATES BEG ON E LINE OF LOT 5, BLK 52|& 32 FT N OF S LINE OF SEC 15-19-25, RUN N 74DEG 42MIN 50SEC| W TO W LINE OF LOT 5, N'LY ALONG LOT LINE TO LAKE E'LY ALONG| LAKE TO POINT N OF POB, S ALONG E LINE OF LOT 5 TO POB--LESS| LAKE SHORE DRIVE-) that is 252.0 feet from the ROW of Stewart Land when measured along the extension of the southerly line of the described parcel, run thence southeasterly along said south line to the most southerly corner of said description, thence northerly along east line of said described parcel  to the waters of Silver Lake and a point identified as “Point B”.  Return to POB and run northeasterly along the easterly ROW of Stewart Lane to the waters of Silver Lake, thence run Easterly along the waters of the lake to the aforesaid Point B, less Silver Lake Drive.  Said described parcel being a part of Country Club Gateway Subdivision and a part of Lots 4 and 5 of Silver Lake Estates, as recorded in Plat PB 10 / PG 68 of PGS 66-69 of the Public Records of Lake County.



Alternate Keys # 1715032, 1790743, 3771754, 3771755, 3771756, 3771757, 3771762, 3771763,

                             1798973 and part of 1798981



CONCEPTUAL SITE PLAN                                                                                 EXHIBIT C