AGENDA MEMORANDUM

 

 

MEETING DATE:   June 12, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  Rezoning: RB-3 Associates and Benderson 85-I Trust (85 acres)

 

 

 

Staff Recommendation:    

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County HM (Heavy Industry) and County Planned Industrial to City PUD (Planned Unit Development).

 

Analysis:

The project site is approximately 85 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 residential incorporated in to the adjacent PUD for Benderson Development (Secret Promise). The surrounding zoning designations are City PUD (Planned Unit Development) to the west and City M-1 (Industrial) to the north and County A (Agriculture) to the south and east.

 

The proposed zoning districts of City PUD (Planned Unit Development) are 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 5 to 1, the Planning Commission recommended approval.

 

Options:        

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

            2.         Disapprove the proposed rezoning.

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

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    6/22/06 10:24 AM6/3/06 2:38 PM6/1/06 5:03 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                     

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 


                                                           

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 85 ACRES GENERALLY LOCATED NORTH OF THE RONALD REAGAN TURNPIKE AND EAST OF COUNTY ROAD 33, LYING IN SECTION 27, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY HM (HEAVY INDUSTRY) AND COUNTY PLANNED INDUSTRIAL TO CITY PUD (PLANNED UNIT DEVELOPMENT), 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:

 

Section 1

 

Based upon the petition of David H. Baldauf, Trustee, RB-3 Associates and 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 HM (Heavy Industry) and County Planned Industrial to City PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:

 

THE WEST 3/4 OF THE WEST 1/2 OF THE NORTHEAST 1/4, LESS THE NORTH 66 FEET THEREOF AND LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 33; ALSO THE WEST 3/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS RIGHT-OF-WAY FOR STATE ROAD NO. 33, AND FOR THE FLORIDA TURNPIKE, BEING IN SECTION 27, TOWNSHIP 20 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA.
SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY.

 

Alternate Key Numbers 1296480 

 

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                                          , 2006.

 

THE CITY OF LEESBURG

 

By:____________________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

 


 

CASE #:118-1-102006                                                                                                    EXHIBIT A

 

RB-3 ASSOCIATES AND BENDERSON 85-I TRUST DEVELOPMENT

PLANNED UNIT DEVELOPMENT CONDITIONS

APRIL 20, 2006

This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to RB-3 Associates and 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 of the City of Leesburg Code of Ordinances, as amended.

BACKGROUND:  The “Permittee” is desirous of obtaining a Planned Unit Develop­ment (PUD) zoning district to allow construction of a proposed residential mixed use development consisting of approximately 335 residential units on approximately 85 acres located at the east of C.R. 33 and north of the Ronald Reagan Turnpike, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.   PERMISSION is hereby granted to RB-3 Associates and Benderson 85-I Trust (Benderson 85-I Trust Development) to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg. The property is more particularly described as follows:

      LEGAL DESCRIPTION:

See attached legal Exhibit B.[FAM1] 

2.       LAND USE

 

The above-described property, containing approximately 85 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 approximately 335 residential mixed use units on approximately 85 acres at a gross density of 4 units per gross acre.

 

2.   The minimum lot size shall be 6,000 square feet for detached single-family with the lots bordering Plantation Subdivision restricted to a minimum size of 8,750 square feet. Final lot sizes shall be determined during the review of the preliminary plan.

 

3.   Minimum lot widths shall be 50 feet except for those lots bordering Plantation Subdivision lots on the east which shall be 70 feet in width.  Minimum lot depths shall be 100 feet except for those lots bordering Plantation Subdivision lots which shall be 125 feet in depth.

 

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 those lots bordering Plantation Subdivision which                              shall have 7.5’ feet per side except for attached units (townhomes) which may                      have zero lot line with 10 feet between blocks of attached structures. No zero                                   lot line attached units shall be placed along the eastern property boundary                            bordering Plantation.

 

            5.    Minimum distance between single-family residential structures shall be 10 feet except for those                         lots bordering Plantation Subdivision which shall have 15 feet measured from building wall to                        building wall and the roof overhang shall not exceed 40 percent of the distance between the                          building wall and the property line.

 

 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 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 for the overall development.

 

11.   Maximum building height for residential units shall not exceed two and one-half stories or 35 feet. On the lots abutting Plantation Subdivision lots there shall not be permitted any two story structures.

 

12.   Permitted Uses:

 

a.   Single-family detached dwellings (only permitted residential use bordering Plantation Subdivision);

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 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 and shall take in to consideration developed residential properties adjacent to the project (Plantation Subdivision).

      2.   Allowable uses shall be those uses considered as accessory to a residential development such club house, pool, tennis courts, meeting rooms etc. shall also be consistent with the City of Leesburg adopted Land Development Code (as amended).

            3.   Lot sizes and setbacks may be adjusted by staff during the subdivision 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 and one-half stories or 35 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 1.5+/- acres of the project. 

 

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 common 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   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.   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 head/corridor adjacent to the turnpike with design to be reviewed by                        staff during the preliminary plan review process. Alternate buffer designs may be approved by staff                that meets the intent of this section.

           10.   Due to the location of the adjacent walking trail to the east of the project in the Plantation Subdivision, a visual/barrier buffer will be required along the eastern, southern and northern boundaries of the project. Said buffer shall at a minimum include a six (6) foot solid decorative privacy fence.

           

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 at the owner’s expense including any required off site improvements.

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.   A detailed site plan that indicates all the provisions for electric, water, sewer, and 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. 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.

 

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.

 

4.   TRANSPORTATION IMPROVEMENTS

 

A.  Vehicular access to the project site shall be provided by a minimum of two public access points       along C.R. 33. One access along C.R. 33 will be eliminated if access on the unnamed road to the              north is approved by the Lake County. The one primary access on C.R.33 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 both 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(s), the Permittee shall pay their pro-rata share of the cost of the signal(s) as determined by City staff.

 

5.   DESIGN REQUIREMENTS

      A.   Residential Development

      1.   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:

1)   Dormers

2)   Gables

3)   Recessed entries

4)   Covered porch entries

5)   Cupolas

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.

 

 

7.   CONCURRENCY

         

The proposed land use change or approval would 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.

 

 

 

 


 [FAM1]This reference is redundant since the document itself is      Exhibit “A”

 [FAM2]Do you want to define or limit the “temporary” nature of this use?