The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay).
The project site is approximately 149 acres. The property is generally located south of the Ronald Reagan Turnpike and east of C.R. 48, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed use is Residential Planned Unit Development. The proposed use of the site is single-family residences incorporated into the adjacent PUD for Benderson Development (Secret Promise). The surrounding zoning designations are PUD (Planned Unit Development) to the east and City R-2 (Medium Density Residential), P (Public) and PUD (Planned Unit Development) to the north and City R-2 (Medium Density Residential) to the south and County A (Agriculture) to the west.
The proposed zoning district of City PUD/CDO (Planned Unit Development/Contemporary Design Overlay) is compatible with adjacent and nearby properties in the area and with the proposed City future land use designation of City Estate Density Residential.
The existing land uses surrounding the property are single-family residential and agricultural uses.
Development of the parcel shall require connection to City utilities at the owner’s expense.
By a vote of 6 to 0, the Planning Commission recommended approval.
1. Approve the proposed rezoning to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay), thereby allowing consistent zoning and development standards for the area.
There is no fiscal impact to the City.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Reviewed by: Dept. Head ________
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 149 ACRES GENERALLY LOCATED SOUTH OF THE RONALD REAGAN TURNPIKE AND EAST OF C.R. 48, LYING IN SECTIONS 21 & 28, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD/CDO (PLANNED UNIT DEVELOPMENT/CONTEMPORARY OVERLAY DISTRICT), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of David H. Baldauf, Trustee, Benderson 85-I Trust, the owner 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 County A (Agriculture) to City PUD/CDO (Planned Unit Development/Contemporary Design Overlay), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit B for legal.)
Alternate Key Numbers 3792256, 3626001 and 3836275
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 , 2006.
THE CITY OF LEESBURG
Benderson 85-I Trust (149 Acres)
FROM SW COR OF NW 1/4 OF NW 1/4 OF
SEC 28-20-24 RUN N 00DEG
12MIN 05SEC E 1029.78 FT TO A POINT ON SE'LY R/W LINE OF CR
48, SAID POINT BEING ON A CURVE CONCAVE SE'LY & HAVING A
RADIUS OF 8878.68 FT & A RADIAL BEARING OF N 48DEG 31MIN
02SEC W, THENCE NE'LY ALONG THE ARC OF SAID CURVE & SAID
SE'LY R/W LINE THROUGH A CENTRAL ANGLE OF 03DEG 31MIN 31SEC,
AN ARC LENGTH OF 546.29 FT TO THE END OF SAID CURVE, THENCE
N 45DEG 00MIN 29SEC E ALONG SAID SE'LY R/W LINE OF CR 48 A
DIST OF 453.92 FT FOR POB, CONT N 45DEG 00MIN 29SEC E ALONG
SAID SE'LY R/W LINE OF CR 48 A DIST OF 2135.31 FT TO A POINT
ON SW'LY R/W LINE OF FLORIDA TURNPIKE, THENCE S 43DEG 02MIN
13SEC E ALONG SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 75 FT,
S 00DEG 12MIN 41SEC W 3212.26 FT TO S LINE OF NE 1/4 OF NW
1/4 OF SAID SEC 28-20-24, N 89DEG 47MIN 19SEC W 264.84 FT, N
36DEG 10MIN 52SEC W 2176.02 FT TO POB--LESS THAT PART OF
LAND LYING WITHIN SEC 28-20-24--ORB 2775 PG 2089
FROM INTERSECTION OF SE'LY R/W LINE OF CR 48
WITH SW'LY R/W
LINE OF FLORIDA TURNPIKE RUN S 43DEG 02MIN 113SEC E ALONG
SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 804.75 FT FOR POB,
RUN S 00DEG 12MIN 41SEC W TO S LINE OF SEC, E ALONG SAID S
LINE OF SEC TO SW'LY R/W LINE OF FLORIDA TURNPIKE, NW'LY
ALONG SAID FLORIDA TURNPIKE TO POB ORB 2775 PG 2084
FROM INTERSECTION OF SW'LY R/W LINE OF FLORIDA
N LINE OF NE 1/4 RUN N 89-43-55 W 219.06 FT FOR POB, RUN S
0-14-06 W 1242.70 FT, N 89-44-26 W 1056.48 FT, N 0-12-41 E
TO N LINE OF NE1/4 S89-43-55E TO POB ORB 2775 PG 2084
CASE #:117-1-102005 EXHIBIT A
BENDERSON 85-I TRUST DEVELOPMENT
PLANNED UNIT DEVELOPMENT/CONTEMPORARY OVERLAY DISTRICT CONDITIONS
APRIL 20, 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 Benderson 85-I Trust (Benderson 85-I Trust Development) “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 Code of Ordinances, 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 residential development consisting of a maximum of 519 residential units on approximate 149 acres located at the southwest corner of Ronald Reagan Turnpike and CR 48, on a site within the City of Leesburg in accordance with their PUD application and supplemental information.
1. PERMISSION is hereby granted to Benderson 85-I Trust (Benderson 85-I Trust Development) 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.[FAM1]
2. LAND USE
The above-described property, containing approximately 149 acres, shall be used for single family attached and detached residential uses, pursuant to City of Leesburg development codes and standards.
A. Residential Development
1. The project shall contain a maximum of 519 residential units on approximately 149 acres at a gross density of 3.5 units per gross acre.
2. The minimum lot size shall be 6,000 square feet for the detached single family homes.
3. Minimum residential lot size shall be 50 feet with a lot depth of 100 feet. Final lot sizes shall be determined during the review of the preliminary plan.
4. The following minimum yard setbacks shall be maintained for single-family units:
Front setback – 20 feet;
Rear setback – 18 feet; and
Side setbacks - 5’ feet per side except for attached units (townhomes) which may have zero lot line with 10 feet between blocks of attached structures.
5. Minimum distance between
single-family residential structures
shall be 10 feet measured from
6. Corner lots shall have a minimum side yard setback of 20 feet from the public right-of-way.
7. Accessory structures shall have a minimum rear and side setback of 5 feet and single accessory structures that are not attached to the principal structure shall not occupy more than 30 percent of the required rear yard.
8. An attached swimming pool screened enclosure must maintain a minimum setback of five (5) feet from the rear property line.
9. City staff as part of the preliminary plan approval process shall approve final lot sizes and setbacks based on the general intent of the PUD as per the conceptual master plan.
10. Impervious surface coverage for residential shall not exceed 65 percent with a maximum of 70 percent for the overall development. Open space shall be a minimum of 30 percent.
11. Maximum building height for residential units shall not exceed two and one-half stories or 35 feet.
12. Permitted Uses:
a. Single-family dwellings (detached or attached);
b. Single-family attached villa units (maximum two units each);
c. Townhome single-family dwellings;
d. New urbanism design units with staff approval including rear garages living units;
e. Accessory structures;
f. Temporary [FAM2] modular sales center office not to exceed one year and construction office not to exceed two years from the approval of the final plat for the subdivision or phase there of.
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.
13. 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 detached 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. Community Facilities
1. Final location of community uses shall be determined during the Preliminary Subdivision Plan/Site Plan approval process.
2. Allowable uses shall be those uses considered as accessory to a residential development such club house, pool, tennis courts, meeting rooms etc. and shall also be consistent with the City of Leesburg adopted Growth Management Plan (as amended).
3. Lot sizes and setbacks may be adjusted by staff during the site plan review process.
4. Maximum impervious surface ratio for community areas shall not exceed seventy (70) percent ISR.
5. Maximum building height shall not exceed two stories or 30 feet.
6. Community development areas shall be properly screened from residential areas with a buffer in accordance with the City of Leesburg Code of Ordinances (as amended). Minimum buffer width shall be 10 feet.
7. Pedestrian access shall be provided from the residential areas to community areas and connection to the City’s trail system, if applicable, shall be reviewed during the site plan review process.
8. Recreational vehicle parking shall be restricted through deed restrictions/covenants which shall prohibit unenclosed parking within the development unless an approved designated area is provided. If provided, the area shall be buffered and final location will be determined by staff as part of the Preliminary Subdivision approval process.
C. Recreational Development
1. Recreational development shall require a minimum of 2.7 +/- acres of the project. Recreational development shall meet the requirements of the City of Leesburg Land Development Code (as amended) and adopted Growth Management Plan (as amended).
2. 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. 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, 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.
3. 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.
4. The development shall provide planned accessibility from all areas of the development to any proposed recreational facilities including pedestrian access where possible.
5. If a connection to the proposed City Turnpike trail system is required, the development shall along the Turnpike provide a public rail to trails access/connection 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.
6. Limited commercial uses shall be
allowed within buildings designated for recreational use and
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. 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. Buildings or structures shall be an average of 50 feet from any wetland jurisdiction boundary.
Under no circumstances shall the minimum buffer width be less than 30 feet
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, walkways, board walks, 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. Landscaping of any 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 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.
9. Due to the location of the
proposed project adjacent to the Ronald Reagan Turnpike, the developer
shall provide a fifty (50) foot buffer easement and construct a landscape and
noise buffer with a possible trail corridor adjacent
to the turnpike with design to be reviewed by staff during
the preliminary plan review process. Alternate buffer designs may be approved
F. 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 the project shall substantially commence within 24 months of approval of the site plan and construction plan approvals for this Planned Unit Development. In the event, the conditions of the PUD has not been substantially initiated 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.
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. A copy of the appropriate documentation that any flood hazard boundary has been requested for amendment in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is proposed to be 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. Should the Permittee desire to dedicate the proposed project’s stormwater management system to the City of Leesburg; the City, at its discretion, may accept or not accept the stormwater management system. Prior to acceptance, the Permittee shall demonstrate to the City the stormwater management system is in a suitable condition and meets City of Leesburg and St. Johns River Water Management District requirements.
H. 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.
I. 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. Off site improvements required by the City shall include those necessary for the properties located immediately south of the project including utility all required infrastructure.
4. TRANSPORTATION IMPROVEMENTS
A. Vehicular access to the project site shall be provided by a minimum of two public access points, one primary access on C.R. 48 and one secondary access at the southeast corner of the property. The primary access shall be through a public divided boulevard type road. Actual location and design of the boulevard shall be determined during the Preliminary Subdivision 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 including access to the south and west.
B. The Permittee shall provide their fair share of all necessary improvements/signalization within and adjacent to the development as required by FDOT, Lake County and 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 be provided on sides of the local internal roads 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. Location of sideways shall be determined during the Preliminary Subdivision Plan review process. All sidewalks shall be constructed in accordance with City of Leesburg Codes.
E. The Permittee shall be responsible for obtaining all necessary FDOT and Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary 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. 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.
H. A traffic/transportation analysis shall be submitted prior to preliminary plan approval for review and determination of any necessary access improvements if required by Lake County. Said improvements will be the responsibility of the Permittee.
I. At such time that traffic signals are warranted at the proposed project entrance, 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.
A. Residential Development
1. Contemporary design district overlay (CDO) standards require that all 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.
d. Garages living units where garages are located at the rear of the lot shall meet the following;
1) Living unit shall not exceed fifty (50) percent of the primary residence living area or 800 sq. ft. which ever is smaller.
2) Shall not exceed two bedrooms.
3) Shall be designed to accent the primary residence.
4). Shall be located adjacent to a rear alley or adjacent to the rear of another garage unit on the adjacent rear lot. Shall not be located within fifty (50) of a primary residence other than on the same lot or on an adjacent lot with a garage living unit.
2. 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) Off-sets in building face or roof (minimum 16- inch trim).
10) Repetitive windows with minimum 4-inch trim.
B. Other similar design variations meeting the intent of this section may be approved by the Planning and Zoning Manager.
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.
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.
The proposed land use change or approval would result in demands on public
facilities which would