Item Number: 5B.
Meeting Date: April 8, 2013
From: Bill Wiley, AICP, Community Development Director
Subject: Ordinance amending the existing residential PUD (Planned Unit Development) zoning for Thomas Baggett to change the permitted uses to allow a private motocross training facility for the current US National 250 Champion (Blake Baggett).
The Planning staff and the Planning Commission recommend approval of the proposed amendments to the existing PUD (Planned Unit Development) zoning for the subject property.
The project site is approximately 76 acres. The property is generally located on the east side of County Road 48, approximately 0.6 miles north of Austin Merritt Road as shown on the attached General Location Map. The present zoning for this property is City PUD (Planned Unit Development). The current use of the property is undeveloped/agriculture and the proposed uses are for agriculture/private residence/personal moto-cross training facility for the current US National 250 Champion (Blake Baggett). This will be a very restricted low impact facility with noise at acceptable residential levels of 65-70 dB(A) (See PUD conditions and Exhibits D and G). The surrounding zoning designations are County A (Agriculture) and City residential PUD (Planned Unit Development). The surrounding Future Land Use Map designations are City Neighborhood Mixed Use and County Rural.
The proposed amendment to the PUD (Planned Unit Development) zoning is compatible with the adjacent and nearby properties in the area and with the existing future land use designation of City Neighborhood Mixed Use.
The existing land uses surrounding the property are undeveloped/agriculture.
Development of the property for the single home will require a septic system and existing well since City utilities are not available.
By a vote of 7 to 0 on March 21, 2013, the Planning Commission voted to recommend approval.
1. Approve the proposed PUD (Planned Unit Development) zoning.
2. Other such action as the Commission may deem appropriate.
There is a positive fiscal impact to the City through having the US National 250 Champion (Blake Baggett) training facility in Leesburg and the possible future possible residential development of this property.
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, AMENDING THE EXISTING RESIDENTIAL PUD (PLANNED UNIT DEVELOPMENT) ZONING OF APPROXIMATELY 76 ACRES GENERALLY LOCATED ON THE EAST SIDE OF COUNTY ROAD 48, APPROXIMATELY 0.6 MILES NORTH OF AUSTIN MERRITT ROAD, LYING IN SECTION 32, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (Thomas Baggett)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of the Thomas Baggett, 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 amended to the revise the existing PUD (Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:
(See attached Legal Description Exhibit B)
Alternate Key Number: 1035431
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.
THE CITY OF LEESBURG
Mayor David Knowles
Betty Richardson, City Clerk
CASE #: PUD-13-13 EXHIBIT A
B & B RANCH
PLANNED DEVELOPMENT CONDITIONS
March 21, 2013
These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Thomas Baggett, “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 agriculture/private residence/ personal moto-cross training uses on an approximately 76 acres site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Thomas Baggett to operate and maintain a PUD (Planned Unit Development) in and on real property in the City of Leesburg. The property is generally located on the east side of County Road 48, approximately 0.6 miles north of Austin Merritt Road. The property is more particularly described as shown in the attached legal description below.
2. LEGAL DESCRIPTION
See attached legal Exhibit B
3. LAND USES
The above-described property shall be used for PUD (Planned Unit Development) uses as limited herein, for the PUD District per Sec. 25-284 District Use Regulations pursuant to City of Leesburg development codes and standards.
1) Uses shall be those listed as permitted uses in this document and shall occupy the approximate area as shown on the Conceptual Plan (See Exhibit C).
2) Permitted Uses shall be as follows:
b. residential development maximum gross density not to exceed three units per acre at R-3 Residential development standards
c. personal moto-cross training track for maximum of three riders and training shall be limited as per the attached schedule Exhibit D.
3) Uses prohibited shall be as follows:
a. All other uses not specifically permitted by reference herein including a commercial moto-cross track whether open to the public or not.
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 is currently available from the adjacent County Road 48. With respect to the existing access point, if additional access is requested, approval shall be subject to the City of Leesburg Planned Development process.
A. There appears to be no wetlands on the property. However, should wetlands exist on the site, the Permittee shall comply with the following requirements. 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).
6. DRAINAGE AND UTILITIES
A. Prior to any development of the property 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 storm water 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. Development of the property, if applicable, may require a traffic review by the Lake-Sumter Metropolitan Planning Organization.
8. LANDSCAPING AND BUFFER REQUIREMENTS
A. A setback buffer area of approximately 200 foot width shall be required along the northern property line and 250 foot width on the southern property line between the personal moto-cross training track and the adjacent proposed residential development.
B. A six (6) to eight (8) foot high landscaped buffer mound maybe required by staff as per Sec.12 OPERATIONAL REQUIREMENTS C. if necessary for noise reduction to residential standards of 65-70 dB(A) and Exhibit E.
C. All landscaping and buffering shall be in accordance with regulations contained within the City of Leesburg Code of Ordinances.
D. Variations to the landscape requirements of the code may be approved by the Community Development Director as long as the intent of the PUD and the Landscaping Code are maintained.
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.
10. OPERATIONAL REQUIREMENTS
A. The applicant shall not, in the course of conducting any activity, make or cause to be made a noise//vibration/dust disturbance which disturbs, destroys, or endangers the comfort, health, peace, or safety of others within any residential districts. Without limitations, the commission of one or more of the acts enumerated in this paragraph shall be deemed a violation of this PUD Conditions.
B. The applicant shall be subject to Section 12-19 Regulation of Public Nuisances of the City of Leesburg Code of Ordinances, and to the Power Acoustics, Inc. Sound Measurements study as provide in Exhibits F and G.
C. The operation of the personal moto-cross training track shall be restricted per these PUD Conditions if such operation produces excessive, unnecessary, unreasonably loud noise or disturbance, or any noise or disturbance which disturbs, destroys, or endangers the comfort, health, peace, or safety of others beyond the boundary of their property. Recurring formal written complaints received from multiple complainants in residential areas related to noise or other disturbances emanating from the operation shall be reviewed by City staff to determine compliance with PUD Conditions. If conditions are determined to be a violation, the owner shall have thirty (30) days to demonstrate that adequate measures, such as a six (6) to eight (8) foot high berm, have been taken to alleviate the source of the disturbance which gave rise to the recurring complaints. If in the opinion of the Community Development Director, the disturbances have not been corrected, the owner will be scheduled for the next available Planning Commission meeting to determine the appropriate action necessary to alleviate the disturbance and/or shall be scheduled through Code Enforcement for a hearing..
D. The operation of the personal moto-cross training track shall be restricted to between the hours of 9:00 a.m. and 2:00 p.m. per the Training Schedule EXHIBIT D. Additional hours of operation may be approved as a Personal Appearance before the Planning Commission after one year of operation based on evidence during that year that operational requirements of this section have been complied with.
E. The addition of ultra-low noise silencers/mufflers shall be installed and maintained on all practice motorcycles as referenced in the Acoustical Analysis by Power Acoustics, Inc.
11. MISCELLANEOUS CONDITIONS
A. The uses of the proposed project shall only be those uses identified in the approved Planned Development Conditions. Any other proposed use must be specifically authorized in accordance with the Planned Development amendment process.
B. No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes.
C. Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.
D. The transfer of ownership or lease of any or all of the property described in these PUD Conditions 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 (building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.
LEGAL DESCRIPTION EXHIBIT B
Alternate Key: 1035431
CONCEPTUAL SITE PLAN EXHIBIT C
TRAINING SCHEDULE EXHIBIT D
SIX FOOT HIGH BERM IF REQUIRED EXHIBIT E
desirable shape for a berm
The transition between the existing grade and the slope of the berm should be gradual. Soft contouring should make the berm appear as a natural part of the landscape. Berms should appear to be gradually emerging from the original grade rather than rising as an abrupt bump. Extra soil may need to be added at the base or the height of the berm to get a more natural effect. The tops of the berms should also be softly contoured rather than having a sharp peak. Moreover, grass berms with flatter crowns are easier to mow. Mowing grass on slopes that are too steep may result in an undesirable "scalped" look.
Note: This photo is not to scale only visual representation (not 6 ft. high)
SECTION 12-19 REGULATION OF PUBLIC NUISANCES EXHIBIT F
POWER ACOUSTICS, INC SOUND MEASUREMENTS EXHIBIT G