The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County C-1 (Neighborhood Commercial), County CP (Planned Commercial), County R-6 (Urban Residential), County DFD (Public/Community Facilities), County C-2 (Community Commercial) to City C-3 (Highway Commercial) and PUD (Planned Unit Development).
The project site is approximately 30 acres. The property is generally located east and west of U.S. 27 at the intersection of Commander Road, as shown on the attached General Location Map. The present zoning for this property is County C-1 (Neighborhood Commercial), County CP (Planned Commercial), County R-6 (Urban Residential), County DFD (Public/Community Facilities), County C-2 (Community Commercial). Currently, the property is undeveloped, office uses and utility substation and the proposed uses are general commercial, office/professional and assisted living facilities. The surrounding zoning designations are County RMRP (Residential Mobile Home Park) and RM (Mobile Home Residential) to the west, County RM (Mobile Home Residential) and CP (Planned Commercial) to the north and east, and City C-3 (Highway Commercial) and PUD (Planned Unit Development) to the south.
The proposed zoning districts of City C-3 (Highway Commercial) and PUD (Planned Unit Development) are compatible with adjacent and nearby properties in the area and with the proposed City future land use designations of City General Commercial and Estate Density Residential.
The existing land uses surrounding the property are single-family residential, mobile home parks and undeveloped.
Development of the property 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 C-3 (Highway Commercial) and 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.
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. ______wp____________
Deputy C.M. ___________________
City Manager ________RS___________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 30 ACRES GENERALLY LOCATED EAST AND WEST OF U.S. 27 AT THE INTERSECTION OF COMMANDER ROAD, LYING IN SECTIONS 11 AND 14, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY C-1 (NEIGHBORHOOD COMMERCIAL), COUNTY CP (PLANNED COMMERCIAL), COUNTY R-6 (URBAN RESIDENTIAL), COUNTY DFD (PUBLIC/COMMUNITY FACILITIES) AND COUNTY C-2 (COMMUNITY COMMERCIAL) TO CITY C-3 (HIGHWAY COMMERCIAL) AND 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:
Based upon the petition of City of Leesburg, the owners 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 C-1 (Neighborhood Commercial), County CP (Planned Commercial), County R-6 (Urban Residential), County DFD (Public/Community Facilities, County C-2 (Community Commercial) to City C-3 (Highway Commercial) and City PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit B)
Alternate Key Numbers 1294142, 3846887, 1294215, 1294681, 3375343, 1294819, 3778826, 3792695, 1294231, 1294801 and 2821795.
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
CASE #: 038-1-022405 EXHIBIT A
ERIC H. COE /LAKE COMMANDER PARK
PLANNED UNIT DEVELOPMENT CONDITIONS
AUGUST 24, 2006
This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning and Zoning Commission, Lake County, Florida to Eric H. Coe /Lake Commander Park, "Permittee" for the purposes and 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 adult congregate living facility development on approximately 5.84 acres and commercial/office uses on approximately 5.1 acres generally located east and west of U.S. 27 at the intersection of Commander Road, on a site within the City of Leesburg in accordance with their PUD application and supplemental information.
1. PERMISSION is hereby granted to Eric H. Coe 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:
See attached legal Exhibit B.
2. LAND USE
The above-described property, containing approximately 5.84 acres, shall be used for adult congregate living facility uses and professional offices uses, pursuant to City of Leesburg development codes and standards.
A. Adult Congregate Living Facility Development
1. The project shall have a gross density not to exceed 4 units per acre as provided by the code for a adult congregate living facility.
2. The minimum development standards shall be those of the R-3 High Density Residential District of the Land Development Code.
B. Commercial/Office Development
1. Commercial/office development of approximately 5.1 acres shall access the existing access road with a common ingress/egress entrance from Commander Road to the south. Final determination and location of office uses shall be approved during the Site Plan and Preliminary Subdivision Plan approval process.
2. The commercial uses shall be restricted to Lots 1 and 2, and office uses shall be restricted to Lots 3 - 5 for those uses approved specifically in the PUD conditions for the site.
a. Commercial uses shall be those listed for the C-3 (General Commercial) uses in the Land Development Code as a permitted uses except as limited by this PUD and shall occupy.
3. Uses prohibited shall be as follows:
a. convenience store with or without gas pumps
b. recreation uses - indoor and outdoor
c. bars and lounges
d. clubs and lodges
e. package stores
f. places of worship
g. educational facilities
h. transient accommodations
i. crematoriums and funeral parlors
j. vehicle repair, service and sales
g. off site parking unless specifically approved as an amendment to this PUD
4. The minimum development standards shall be those of the C-3 (General Commercial)Zoning District for the commercial lots and R-3 (High Density Residential) for the adult congregate living facility development of the Land Development Code. Lot sizes and setbacks may be adjusted by staff during the site plan review process.
C. Open Space and Buffer Areas
1. Any 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 plan application
2. A conservation easement shall be established in accordance with the requirements of the Department of Environmental Protection and the St. Johns River Water Management District, if any wetlands are found on site. The conservation easement shall be established when the plat for the initial phase of the project is recorded. The conservation easement shall be identified on the plat or in the associated Declaration of Covenants and Restrictions.
3. 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
4. Wetlands shall have a minimum upland buffer as 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.
5. 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.
6. 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.
7. 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.
8. To the extent practical, wetlands 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.
9. 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.
10. A six foot solid vinyl fence shall be installed by the developer along the eastern boundary of the development at Lots 1 and Lots 130-135, 137 and along the southern boundary at Lots 41-48.
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.
4. TRANSPORTATION IMPROVEMENTS
A. Vehicular access to the project site shall be provided by a minimum of two access point along Commander Road. The one access for the commercial/office shall access the existing access road with a common ingress/egress entrance from Commander Road to the south. The other access for the adult congregate living facility development shall be as shown on the conceptual plan. Actual location and design of the boulevard shall be determined during the Preliminary Site Plan review process
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. 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.
D. 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.
E. A traffic/transportation analysis shall be submitted prior to preliminary plan approval for review and determination of any necessary access improvements, if required, by FDOT or Lake County. Said improvements will be the responsibility of the Permittee.
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 Planning and Zoning Manager for compliance.
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 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.
To PUD (Planned Unit Development):
The East 350 feet of the following described land:
That part of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 20 South, Range 24 East, lying East of the Easterly line of right of way of U.S. Highway No. 27, LESS the South 25 feet thereof, ALSO LESS land described in Warranty Deed recorded on June 11, 1998 in Official Records Book 1617, page 387; ALSO LESS land described in Statutory Quit Claim Deed recorded on February 29, 2000 in Official Records Book 1798, page 968; ALSO LESS land described in Warranty Deed recorded on March 1, 2000 in Official Records Book 1798, page 1765, all of the Public Records of Lake County, Florida, lying and being in Lake County, Florida.
Alternate Key Number 1294142
Keith J. Shamrock Et Al 5.10 ac
To C-3 (Highway Commercial):
That part of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 20 South, Range 24 East, lying East of the Easterly line of right of way of U.S. Highway No. 27, LESS the South 25 feet thereof, ALSO LESS land described in Warranty Deed recorded on June 11, 1998 in Official Records Book 1617, page 387; ALSO LESS land described in Statutory Quit Claim Deed recorded on February 29, 2000 in Official Records Book 1798, page 968; ALSO LESS land described in Warranty Deed recorded on March 1, 2000 in Official Records Book 1798, page 1765, all of the Public Records of Lake County, Florida, lying and being in Lake County, Florida. ALSO LESS the East 350 feet thereof.
Alternate Key Number 3846887
Eric H. & Diane R. Coe 5.84 ac
SW 1/4 OF SW 1/4 OF SE 1/4 W OF HWY--LESS S 250 FT--ORB 1570 PG 2130
Alternate Key Number 1294215
Fred A. Morrison 1.6 ac
S 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4, N 135.75 FT OF S 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4 W OF HWY --ORB 781 PG 569
Alternate Key Number 1294681
Robert L. & Rosa E. Nobles 5.1 ac
BEG AT N 1/4 COR OF SEC, RUN S 89DEG 45MIN 30SEC E 270.34 FT TO W'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 51SEC E ALONG W'LY R/W LINE 25.52 FT TO A PT THAT IS 25 FT S OF N LINE OF NE 1/4, N 89DEG 45MIN 30SEC W 275.40 FT TO W LINE OF NE 1/4, S 00DEG 06MIN 41SEC W ALONG SAID W LINE OF NE 1/4 A DIST OF 146.79 FT, S 89DEG 45MIN 30SEC E 305.08 FT TO W'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 51SEC E ALONG SAID W'LY R/W LINE 162.63 FT TO S LINE OF N 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4, N 89DEG 52MIN 24SEC W 1000.36 FT TO W LINE OF NE 1/4 OF NE 1/4 OF NW 1/4, N 00DEG 05MIN 35SEC E 332.23 FT TO N LINE OF NW 1/4, S 89DEG 59MIN 10SEC E ALONG N LINE 663.17 FT TO POB --ORB 1161 PG 1616
Alternate Key Number 3375343
Robert L. & Rosa E. Nobles 6.38 ac
S 196.05 FT OF NW 1/4 OF NW 1/4 OF NE 1/4 W OF HWY --ORB 3122 PG 40
Alternate Key Number 1294819
Backedge LLC 1.77 ac
FROM NE COR OF S 1/2 OF SW 1/4 OF SE 1/4 RUN N 89DEG 45MIN 56SEC W 699.22 FT FOR POB, RUN S 00DEG 14MIN 14SEC W 170 FT, N 89DEG 45MIN 46SEC W 65.08 FT TO A POINT ON A CURVE CONCAVE W'LY & HAVING A RADIUS OF 175 FT & RADIAL BEARING OF S 88DEG 07MIN 40SEC E, THENCE S'LY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 09DEG 13MIN 56SEC AN ARC LENGTH OF 28.20 FT, THENCE RUN N 89DEG 45MIN 46SEC W 173.02 FT TO E'LY R/W LINE OF US HWY 27, N 11DEG 18MIN 58SEC W ALONG SAID E'LY R/W LINE 202.09 FT TO N LINE OF S 1/2 OF SW 1/4 OF SE 1/4, S 89DEG 45MIN 46SEC E 281.63 FT TO POB --ORB 1617 PG 387
Alternate Key Number 3778826
Dante Nuzzo & Nida I. Martir 1.16 ac
FROM NE COR OF S 1/2 OF SW 1/4 OF SE 1/4 RUN N 89DEG 45MIN 46SEC W 980.85 FT TO E'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 58SEC E ALONG SAID E'LY R/W LINE 485.42 FT FOR POB, RUN N 78DEG 41MIN 02SEC E 140 FT, S 11DEG 18MIN 58SEC E 182.83 FT, N 89DEG 45MIN 30SEC W 142.90 FT TO E'LY R/W LINE OF US HWY 27, N 11DEG 18MIN 58SEC W 154.20 FT TO POB—LESS RD R/W--ORB 1798 PG 1765
Alternate Key Number 3792695
Dinesh & Seema Khanna .55 ac
S 250 FT OF SW 1/4 OF SW 1/4 OF SE 1/4 W OF HWY --ORB 2331 PG 1819
Alternate Key Number 1294231
OCN Partnership 1.23 ac
FROM NW COR OF NE 1/4 RUN E 277 FT TO HWY, S'LY ALONG HWY 25.4 FT FOR POB RUN S'LY ALONG HWY 50 FT, W 100 FT, N'LY PARALLEL TO HWY 50 FT, E TO POB --ORB 2291 PG 1104
Alternate Key Number 1294801
Carlin C. Washo 1.2 ac
FROM INTERSECTION OF W'LY R/W OF US HWY 27 & N LINE OF SEC RUN S'LY ALONG SAID R/W 75.4 FT FOR POB, RUN W 100 FT, N'LY PARALLEL WITH HWY TO A PT 25 FT S OF N LINE OF SEC, W'LY PARALLEL WITH N LINE OF SEC TO W LINE OF NE 1/4 BEING PT A, RETURN TO POB & RUN S'LY ALONG HWY 100 FT, W TO W LINE OF NE 1/4, N TO INTERSECT PT A --ORB 858 PG 1441
Alternate Key Number 2821795
United Telephone Company of Florida .87 ac