Item No:                    5.B.3.


Meeting Date:           January 28, 2013


From:                          Bill Wiley, AICP, Community Development Director


Subject:                      Ordinance for rezoning for Norhen Properties, Inc. property from County R-6 (Urban Residential) to City PUD (Planned Unit Development)



Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from County R-6 (Urban Residential) to City PUD (Planned Unit Development).



The project site is approximately 8.5 acres.  The property is generally located on the west side of U.S. 27, north Palm Drive and west of Connell Road, as shown on the attached General Location Map. The present zoning for this property is County R-6 (Urban Residential). Currently, the property is undeveloped except for some single family rentals.  The proposed use is for a commerce park. The surrounding zoning of adjacent properties is County RMRP (Mobile Home Rental Park) and County C-2 (Community Commercial) on the north, County R-6 (Urban Residential) on the south, City P (Public), City C-3 (Highway Commercial), County CP (Planned Commercial), City PUD (Planned Unit Development) and County C-1 (Neighborhood Commercial) on the east, and County R-6 (Urban Residential) and County RMRP (Mobile Home Rental Park) on the west. The proposed Land Use designation for the subject property is City Low Density Residential.


The proposed zoning district of City PUD (Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the proposed future land use designation of City General Low Density Residential.


The existing land uses surrounding the property are undeveloped, commercial, single family homes and County EMS repair facility.


Future development of the property requires City utilities.


By a vote of 6 to 0 on December 20, 2012, the Planning Commission voted to recommend approval of the proposed request.



1.         Approve the proposed rezoning to City PUD (Planned Unit Development) thereby allowing consistent zoning and development standards for this area.

            2.         Other such action as the Commission may deem appropriate.


Fiscal Impact:

There is a positive fiscal impact to the City through the further development of this property.


Submission Date and Time:    1/23/13 5:58 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 Norhen Properties, Inc., the petitioner of an approximate 8.5 acre 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 R-6 (Urban Residential) to City PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:


Legal Description



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                                          , 2013.







By: _________________________________

            Mayor David Knowles





Betty Richardson, City Clerk




CASE #:  RZ-12-141                                                                                                                EXHIBIT A

(See 034-1-061611)                                    





                                       PLANNED DEVELOPMENT CONDITIONS

                                                                December 20, 2012


These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Norhen Properties, 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 Development Process" of the City of Leesburg Code of Ordinances, as amended.


BACKGROUND: The "Permittee" has submitted an application requesting a PUD (Planned Unit Development) zoning dis­trict to permit an assisted living facility on an approxi­mately 8.5 acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.


1.        PERMISSION

          Permission is hereby granted to Norhen Properties, Inc. to operate, and maintain a PUD (Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located on the west side of U.S. 27, north Palm Drive and west of Connell Road. The property is more particularly described as shown in the attached legal description.



See Exhibit B.


3.        LAND USE

The above-described property, containing approximately 8.5 acres, shall be used for an assisted living facility at seven (7) units per gross acres 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 dated Nov. 3, 2012.


                    2)       Permitted Uses shall be as follows:

                              a.       Assisted living facility development and associated uses with fifty-one (51) units or 306 assisted living residents (six residents equal one unit).


                    3)       Uses prohibited shall be as follows:

                              a.       Commercial and industrial uses

                              b.       Any other similar uses which are not considered office or commercial in character or intensity which may adversely impact the adjoining properties do to traffic, noise, dust, etc.

          B.       Area  

The Impervious surface coverage for this site shall not exceed seventy (70) percent of the gross site area.


          C.       Open Space

A minimum of thirty (30) 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 will be from C.R.25A and US 27 through the adjacent property to the east. Any additional access shall be subject to the City of Leesburg PUD amendment and site plan application review process.


                    5.        DESIGN REQUIREMENTS

                               A.      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.


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



          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.       Minimum building setbacks shall be fifty (50) feet  from the property boundaries.


          C.       Maximum building height for residential structures shall not exceed two (2) stories or 30 feet adjacent to single family residential areas except that for each two (2) foot of additional setback from the required setback, an additional one (1) foot of height above two stories shall be permitted not to exceed three (3) stories or thirty-five (35) feet.


          D.      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. 


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


7.       WETLANDS

A.     All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by the Department of Environmental Protection, St. Johns River Water Management District and/or U.S. Army Corp of Engineers.  Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plat application.


B.      Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction        boundary.


C.    Wetlands shall have a minimum upland buffer of 30 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.


D.     Land uses allowed within the upland buffers are limited to stormwater facilities as permitted   by St. Johns River Water Management District.


E.    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.



          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 shall be required.


                    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.      Vehicular access to the project site shall be provided by County Road 25A and US 27 for both primary and emergency access through the adjacent property to the east. The accesses shall be a two lane divided boulevard type entrance road. Any other potential accesses such as to adjacent properties will be reviewed by the Development Review Committee during site plan process. 

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

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

           E.      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 site plan approval.

           F.      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.

           G.      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 Lake County, the MPO or the City of Leesburg. Said improvements will be the responsibility of the Permittee.  

           H.      The development shall dedicate to the city at its northeast corner a sufficient easement as needed to facilitate the development of an approved adjacent 40 foot easement for a multi-purpose trail, he including utilities, drainage, amenities etc. This easement shall be dedicated to the City upon platting and/or site plan approval of the property. If the City’s trail system is developed adjacent to the required trail easement and the project has not completed all of its building construction, the developer will be required to complete construction of the required trail section. However, if the City’s completed trail has not reached the proposed trail section, the developer shall escrow funds to the City for the cost of the improvements as determined by their engineer and approved by the City.





          A.      All landscaping and buffering shall be in accordance with 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

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.


B.       In addition, development of a required buffer on the west and north property lines shall include an (8) foot high PVC fence with decorative posts and caps as seen on Exhibit D with landscape canopy trees installed along the property lines on the development as a visual buffer to adjacent residential properties.

           C.      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 including consideration of existing fencing on adjacent properties and existing natural vegetative buffers.



                   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. 



                    A.      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 Development review process.


                    B.      Implementation of the project shall substantially commence within 36 months of 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 another appropriate zoning classification.



           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 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.

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 Keys #: 3275209 & part of 1293952















CONCEPTUAL SITE PLAN                                                                               EXHIBIT C    





CONCEPTUAL FENCING                                                                                EXHIBIT D