Meeting Date: February 27, 2012
From: Bill Wiley, AICP, Community Development Director
Subject: Ordinance for rezoning for Eagle FL I SPE, LLC. property from City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) to allow for a proposed mixed use development (North Renaissance Trails)
The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay).
The project site is approximately 650 (north half of 1,012) acres with approximately 1,950 residential units. The property is generally located at the intersection of C.R. 48 and Austin Merritt Road, as shown on the attached General Location Map. The present zoning for this property is City PUD/CDO (Planned Unit Development/Contemporary Design Overlay). Currently, the property is an abandoned farm and the proposed additional uses are for interim agricultural uses such as crops and live stock. The interim uses shall be permitted until an adjacent phase of the project is developed for residential, commercial, office or community facilities uses. The surrounding zoning of adjacent properties is City PUD (Planned Unit Development) on the north, County A (Agriculture) and City R-1-A (Single Family Residential) on the south, City PUD (Planned Unit Development), County A (Agriculture) on the east, and Sumter County PUD (Planned Unit Development) on the west. The existing Land Use designation for the subject property is Lake County Rural.
The re-establishment of the zoning districts of City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) for the north half of the project with interim agricultural uses are compatible with the adjacent and nearby properties in the area and with the proposed future land use designation of City Mixed Use and would be a continuation of the intensity previously approved for the project..
The existing land uses surrounding the property are undeveloped, single family home and agriculture uses.
The development currently does not have City utilities.
By a vote of 7 to 0 on January 19, 2012, the Planning Commission voted to recommend approval of the proposed request.
1. Approve the proposed re-establishment of the zoning to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) thereby allowing consistent zoning and development standards for this area.
2. Other such action as the Commission may deem appropriate.
There is a positive fiscal impact to the City through the future development of this property. However, until developed, a possible negative impact on ad valorem taxes because a proposed agricultural exemption could occur.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head __BW_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 650 ACRES GENERALLY LOCATED AT THE INTERSECTION OF C.R. 48 AND AUSTIN MERRITT ROAD, LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY PUD/CDO (PLANNED UNIT DEVELOPMENT/CONTEMPORARY DESIGN OVERLAY) TO CITY PUD/CDO (PLANNED UNIT DEVELOPMENT/CONTEMPORARY DESIGN OVERLAY); AND PROVIDING AN EFFECTIVE DATE. (Eagle FL I SPE, LLC)
BE IT ENACTED
BY THE PEOPLE OF THE CITY OF
Based upon the petition of Eagle FL I SPE, 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 PUD/CDO (Planned Unit Development/Contemporary Design Overlay) to PUD/CDO (Planned Unit Development/Contemporary Design Overlay), zoning district subject to conditions contained in Exhibit A, to-wit:
(See EXHIBIT B)
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 , 2012.
THE CITY OF
CASE #:003-1-01192012 EXHIBIT A
NORTH RENAISSANCE TRAILS
PLANNED UNIT DEVELOPMENT/CONTEMPORARY OVERLAY DISTRICT CONDITIONS
January 19, 2012
(Previous June 8, 2006)
These Planned Unit Development/Contemporary Design Overlay Conditions for PUD/CDO (Planned Unit Development/Contemporary Design Overlay) Districts are granted by the City of Leesburg Planning Commission, Lake County, Florida to Eagle FL I SPE, LLC (North Renaissance Trails) "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 Unit Development " and Section 25-282 Overlay Districts (d) CDO Contemporary Design Overlay of the City of Leesburg Land Development Code, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a Planned Unit Development (PUD) with a Contemporary Design Overlay (CDO) zoning district to allow construction of a proposed mixed use development comprised of residential, commercial and public uses consisting of a maximum of 1,950 residential units on approximately 650 acres with a commercial village center of approximately 315,000 sq. ft. on approximately 37 acres, subject to approval by FDEO of a Development of Regional Impact, on a site within the City of Leesburg located at the intersection of C.R. 48 and Austin Merritt Road, in accordance with their PUD application and supplemental information.
1. PERMISSION is hereby granted to Eagle FL I SPE, LLC (Renaissance Trails) to construct, operate, and maintain a Planned Unit Development with a Contemporary Design Overlay 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, containing approximately 650 acres, shall be used for mixed use residential, commercial and public uses development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan Exhibit C. as follows:
A. Residential Development
1. The project shall contain a maximum of 1,950 residential units on approximately 650 acres at a gross density not to exceed 3.0 units per acre.
2. Development standards to be established through future the amendment to these Planned Unit Development (PUD) conditions as conceptual plans are developed for individual phases.
3. Permitted Uses:
a. Single-family dwellings (detached or attached);
b. Townhome single-family dwellings;
c. Multi-family dwellings;
d. New urbanism design units with staff approval including rear garages with living units;
e. Accessory structures;
f. Temporary Sales and Construction Office. The developer shall be allowed to construct a temporary portable sales office on the Property. Such sales office shall be allowed to remain until new home sales operations cease.
g. Model homes may be used for sales center during the duration of the project.
h. All residential units shall be developed through a subdivision plat except for new urbanism units in conjunction with commercial development.
4. In order to comply with the diversity of housing required by the City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2, projects shall incorporate the following requirements:
a. In order to provide a balance of housing types, more than one type of housing shall be provided such as single-family attached and detached dwellings, town houses, multi-family etc. with each having a minimum of ten (10) percent of the total project except where new urbanism design communities are approved by City staff.
b. In addition, townhome units and residential units in conjunction with commercial uses shall not be age restricted.
5. Interim Uses: The following uses shall be permitted only as interim uses:
a. Agricultural uses such as crops, live stock except swine and accessory agricultural uses such as barns and stock pens. Interim uses shall be permitted until an adjacent phase of the project is developed for residential, commercial, office or community facilities uses.
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, devoted to the joint use of the residents. Such recreation space shall consist of not less than two hundred (200) square feet of space per dwelling unit as allocated on Map H-3. In computing useable 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, basket ball, 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 stormwater areas and buffer areas shall not be considered as recreational space except for areas developed as recreational trails which provide access to the public trail system.
3. The Planned Unit Development shall provide planned accessibility from all areas of the development to any proposed recreational facilities including pedestrian/trail access where possible.
4. If a connection to the proposed City trail system is required, the development shall provide a public rail to trails access/connection along the boulevard type roads through the development with a minimum of a twenty-five (25) foot wide trail within the required buffer area. Construction of any required trail will be the developer’s responsibility and shall be developed per City trail requirements. Some credit may be allowed toward the required recreation areas depending on final determination of overall recreation and trail development plans. Final location and design shall be determined during the preliminary plan/site plan review process.
C. Limited commercial uses shall be allowed within buildings designated for recreational use and shall be intended for the primary use of project residents. The location and intensity of such uses shall be approved by the City staff as part of the preliminary plan review process. Examples of such uses are sales office, post office, ATM or bank services, coffee shop etc.
D. 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.
E. Commercial, Office and Community Facilities
1. Town Commercial Center area of approximately thirty-seven (37) acres shall be situated generally at the intersection of C.R. 48 and Austin Merritt Road. Final determination and location of commercial areas shall be approved during future amendment to these Planned Unit Development (PUD) conditions during the conceptual plans approval process.
2. Allowable uses shall be those uses as described in the C-2 (Community Commercial) Zoning District in the City of Leesburg Land Development Code (as amended.
3. Development standards to be established through future amendment to these Planned Unit Development (PUD) conditions as conceptual plans are developed for individual phases.
4. The gross leaseable area for the designated commercial areas shall not exceed sixty-five (65) percent ISR unless residential units are located above the commercial/office areas. With residential units the ISR shall increase to eighty (80) percent.
5. Maximum building height shall not exceed three stories or 40 feet.
6. Commercial development areas shall be properly screened from residential areas with a buffer in accordance with the City of Leesburg Land Development Code (as amended). Minimum buffer width shall be 10 feet.
7. Access to the commercial development areas shall be primarily from internal roadways, not C.R.48.
8. Recreational vehicle parking shall be restricted through deed restrictions/covenants which shall prohibit parking within the development unless within an enclosed structure or an approved designated area is provided, except for loading and unloading for a 24 hour period. If provided, the area shall be buffered and final location will be determined by staff as part of the Preliminary Subdivision approval process. Final determination of the location and size of such facilities shall be approved by City staff during the preliminary plan review process.
F. Public Use Areas and Impacts
The approximate seven (7) acre Public Use Area, as shown on the Conceptual Development Plan shall be dedicated to the City of Leesburg for public purposes prior to plat approval of any portion of the development or prior to any building permit issuance, whichever occurs first. The final size and location of the Public Use Area shall be determined by the City at the time future amendment to these Planned Unit Development (PUD) conditions during the conceptual plans approval process.
. In addition, to maximize the buildable area of the Public Use Area, any environmental, floodplain, and wetlands impacts on the site will be mitigated off site; stormwater retention will be retained and treated off-site within the planned unit development; any transportation impacts associated with the site will be included in the total number of vehicle trips approved for the planned unit development; and the site shall include central potable water and sanitary sewer lines stubbed out to the site, as well as a cleared building area, to facilitate construction in a timely manner.
Although this development is partially age restricted, some lots or units may be occupied by families with school age children, and the development may thus have an impact on public school capacity in the area. Since part of the development is restricted to the population over 55 years of age, the developer has requested that it not be required to dedicate a possible school site within the development. In order to mitigate the impacts the development may have on school capacity, in lieu of dedicating a school site the developer agrees to pay to the City, for each age restricted lot or unit, a voluntary educational impact fee equal to the adopted Lake County School Board School Impact fee in place at the time of issuance of a building permit for each age restricted unit.
G. Open Space and Buffer Areas
1. Wetlands shall have an average upland buffer of 25 feet, minimum of 15 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. 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. 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 hiking trails, horse 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/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.
7. 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.
8. Landscape Buffer areas, identified during the development review process by the Master Plan along CR 48 and in PODs where more intense uses such as commercial, stables etc. abuts residential areas where no roads intersect these areas and provide a physical separation 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 City of Leesburg Code of Ordinances, as amended.
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.
H. Development Phasing
1. The proposed project may be constructed in phases in accordance with the Planned Unit Development Master Plan (attached as part of these conditions). 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 Phase I of the development project shall proceed in good faith within 48 months of approval of this Planned Unit Development. In the event, the conditions of the PUD have not been 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 RE-1 (Estate Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions.
1. All signage will meet City standards as set forth in the Leesburg Land Development Code except for the following conditions:
a. A maximum of two (2) grounds or wall residential entrance or gate signs may be located at the main entrance to a single family, multi-family subdivision. In the alternative, one (1) double faced identification sign may be permitted when placed in the median of a private entrance road. The maximum allowable sign surface area per wall or sign shall not exceed one hundred twelve (112) square feet.
b. Secondary entranceways shall be restricted to one (1) ground sign, not to exceed thirty (30) square feet in area and a vertical dimension of five (5) feet.
c. Height-signs shall be a maximum of eight (8) feet and be measured from the finished grade level or crown of road to the top of the sign face, provided if the sign is integrated into a fence, wall or column.
3. STORMWATER MANAGEMENT / UTILITIES
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. If offsite utility infrastructure systems are upsized at the request of the City of Leesburg to accommodate other existing or future developments in the area, the Develop will be entitled to an applicable reimbursement method, such as cost-sharing, impact fee credits, pioneering agreements, etc., as appropriate provided by a separate utility agreement.
I. Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.
J. A two (2) acre well site with the potential for two potable wells shall be dedicated to the City of Leesburg for public purposes prior to plat approval of any portion of the development or prior to any building permit issuance, whichever occurs first. The final size and location of the well site shall be determined by the City at the time of the future amendment to these Planned Unit Development (PUD) conditions during the conceptual plans approval process.
4. TRANSPORTATION IMPROVEMENTS
A. All transportation improvements shall be based on a current traffic analysis and shall be contingent upon Preliminary Subdivision Plan approval by City staff during the development review and permitting process.
B. Vehicular access to the project site shall generally be provided as shown on the Conceptual Phasing Plan through a minimum of two four lane divided boulevard type roads. Actual locations and design of the boulevards and roads shall be approved during future amendment to these Planned Unit Development (PUD) conditions during the conceptual plans approval process. Other potential accesses to adjacent properties will be reviewed during the development review process.
C. The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Lake County and City of Leesburg.
D. All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements including but not limited to Miami curbs.
E. Sidewalks shall be provided on one side of the local internal roads except for boulevards which shall require provide sidewalks on both sides and shall provide cross connections to all recreation and residential areas. Internal road rights-of-ways shall be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in accordance with City of Leesburg Codes.
F. The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary plan approval.
G. 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.
H. Should the Permittee desire to dedicate the proposed project’s internal road system to the City of Leesburg; the City, at its discretion, may accept or not accept the road system. Prior to acceptance, the Permittee shall demonstrate to the City the road system is in suitable condition and meets City of Leesburg requirements. As a condition of accepting the roadway system the City may create a special taxing district or make other lawful provisions to assess the cost of maintenance of the system to the residents of the project, and may require bonds or other financial assurance of maintenance for some period of time.
I. 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.
J. At such time that traffic signals are warranted at the proposed project entrance(s), the Permittee shall pay their pro-rata share of the cost of the signal(s) as determined by City staff.
5. DESIGN REQUIREMENTS
Design requirements shall meet the standards as per Sec. 25-395. Contemporary design district overlay (CDO) general district standards. Designs to meet general standards provided below and will be reviewed during the development review and permitting process.
A. Residential Development
1. Contemporary design district overlay (CDO) standards require that all detached residential development on lots that are less than fifty (50) feet in width shall be served by rear alleys. Each alley shall connect with streets at both ends.
2. Building Design
a. Detached single-family homes shall have garages located with the following provisions.
1) Front access garages must be set back a minimum of five (5) feet from the attached primary structure or the front building line.
2) Rear garages must be setback a minimum of twenty (20) feet from an alley or rear access drive.
3) Side entrance garages may be in line with or off set from the primary structures front setback provided the garage has front facade windows.
4) Homes with covered front entrees and/or porches of a minimum fifty (50) square feet may have front access garages setback in line with the porch or five (5) feet forward of the porch.
b. The distance between any principal building and accessory building shall be a minimum of ten (10) feet.
c. Alternative new urbanism design and rear alley access units shall have the following:
1) Ten (10) foot front setback.
2) Traditional/Cracker style front elevations (See attached Examples Urban-Style, Traditional Design).
3) Covered front porches of at least forty percent of the length of the front elevation at a minimum depth of four (4) feet.
3. Additional 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:
3) Recessed entries
4) Covered porch entries
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. Commercial Village Center Design
1. Building frontages shall occupy no less than 75% of the street facing entrance.
2. Height. The maximum building height may be increased by 10 feet as an incentive for vertical mixed use buildings, except where adjacent to single-story residential uses.
3. Public Entrance. Buildings that are open to the public shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functionally be a distinctive and prominent element of the architectural design, and shall be open to the public during business hours. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to the entrances.
4. Building Façade. No more than 20 feet of horizontal distance of wall shall be provided without architectural relief for building walls and frontage walls facing the street. Buildings shall provide a foundation or base, typically from ground to bottom of the lower windowsills, with changes in volume or material. A clear visual division shall be maintained between the ground level floor and upper floors. The top of any building shall contain a distinctive finish consisting of a cornice or other architectural termination as described below.
5. Storefront character. Commercial and mixed-use buildings shall express a “storefront character” with the new urbanism design elements complimenting Phase V. This guideline is met by providing all of the following architectural features along the building frontage as applicable.
a. Corner building entrances on corner lots.
b. Regularly spaced and similar-shaped windows with window hoods or trim (all building stories).
c. Large display windows on the ground floor. All street-facing, park-facing and plaza- facing structures shall have windows covering a minimum of 40% and a maximum 80% of the ground floor of each storefront’s linear frontage. Blank walls shall not occupy over 50% of a street-facing frontage and shall not exceed 20 linear feet without being interrupted by a window or entry. Mirrored glass, obscured glass and glass block cannot be used in meeting this requirement. Display windows may be used to meet this requirement, but must be transparent and shall not be painted or obscured by opaque panels.
6. Orientation. The primary building entrances shall be visible and directly accessible from a public street. Building massing such as tower elements shall be used to call-out the location of building entries.
C. 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.
D. Other similar design variations meeting the intent of this section may be approved by the Community Development Director.
6. MISCELLANEOUS CONDITIONS
A. The uses of the proposed project shall only be those uses identified in the approved Planned Unit Development Conditions. 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 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.
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.
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. If future development on this site is cause for off-site improvements for water and wastewater, the developer will bear the cost of design, permitting and construction of any such improvements. The developer shall receive no impact fee credits for any such required off-site improvements. The developer and the City may enter into a pioneering agreement with the developer, if appropriate.
c. The City’s Consumptive Use Permit 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.
LEGAL DESCRIPTION EXHIBIT B.
CONCEPTUAL DEVELOPMENT PLAN EXHIBIT C
CONCEPTUAL URBAN-STYLE, TRADITIONAL DESIGNS EXHIBIT D