AGENDA MEMORANDUM

 

 

MEETING DATE:   November 13, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance approving a Rezoning for Mary Davena Stephens

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to PUD (Planned Unit Development).

 

Analysis:

The project site is approximately 9.99 acres.  The property is generally located west of C.R. 25A, south of the northern intersection of C.R. 25A with U.S. 27, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is vacant and undeveloped and the proposed use is a residential assisted living facility.  The surrounding zoning designations are City R-2 (Medium Density Residential) and County A (Agriculture) to the east, City R-2 (Medium Density Residential) to the north, County A (Agriculture) to the west and County R-6 (Urban Residential) to the south.

 

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

 

The existing land use surrounding the property is undeveloped properties.

         

Development of the parcel shall require expansion of City utilities at the owner’s expense.

 

By a vote of 6 to 0, 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:    11/22/06 12:53 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. ______wp____________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager _________RS__________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 


                                                           

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 9.99  ACRES GENERALLY LOCATED WEST OF C.R. 25A, SOUTH OF THE NORTHERN INTERSECTION OF C.R. 25A WITH U.S. 27, LYING IN SECTION 34, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM  COUNTY A (AGRICULTURE) 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 Mary Davena Stephens, 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 (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:

 

Legal Description

PREMIER SENIOR LIVING

 

N 1/2 OF NW 1/4 OF SE 1/4 LYING N & W OF OLD ST RD NO 33 ORB 2837 PG 2146

           

Alternate Key:  1774748 

 

 

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 #:112-1-092106                                                                                                 EXHIBIT A

 

PREMIER SENIOR LIVING

A PLANNED UNIT DEVELOPMENT CONDITIONS

OCTOBER 5, 2006

(Revised)

 

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 Mary Davena Stephens, Premier Senior Living "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 assisted living faculty development consisting of a maximum of 60 residential units on approximate 9.99 acres located west of C.R. 25A and south of the northern intersection of C.R. 25A with U.S. 27, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to Mary Davena Stephens, Premier Senior Living, 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 legal description in ordinance.[FAM1] 

         

2.        LAND USE

The above-described property shall be used for an assisted living facility development, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

 1.       The project shall contain a maximum of 60 residential units on approximately 9.99 acres at a gross density not to exceed 8 units per acre.

       

2.       The assisted living facility is approved as per the conceptual master plan dated April 25, 2006 and shall be developed in accordance with Sec.25-284.(3)  Use Table District Use Regulations for Residential Uses of the Land Development Code.

 

3.       Impervious surface coverage for shall not exceed 70 percent with open space of 30 percent.[FAM2] 

        4.        Maximum building height shall not exceed three stories or 48 feet.

        5.        Permitted Uses:

                  a.       Assisted living facility;

                  b.       Accessory structures;

 

B.     Recreational Development

1.       Recreational development shall meet the requirements of the City of Leesburg Land Development Code (as amended) and adopted Growth Management Plan (as amended).

2.       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.

  3.       The Planned Unit Development shall provide planned accessibility from all areas of the development to any proposed recreational facilities including pedestrian access where possible. 

C.      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 a minimum of 50 feet from any wetland jurisdiction boundary or as permitted by the St. Johns River Water Management District.

                    3.                    Wetlands shall have a minimum upland buffer of 25 feet and an average of 50 feet for wetlands, as defined by the St. Johns Water Management District per Comprehensive Plan Policy 1.3.7. 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, 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.

           D.      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 this Planned Unit Development.  In the event, the conditions of the PUD have not been implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the property to 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.      The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is 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/or 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.

           I.       The developer shall provide for utility easements as required by the City and other utility providers. Final determination of the location and size of the required easements shall be determined during the Preliminary Subdivision Plan review process by City staff.


4.        TRANSPORTATION IMPROVEMENTS

           A.      All transportation improvements shall be based on a current traffic analysis and shall be contingent upon Site Plan approval by City staff during the development review and permitting process.

           B.      Vehicular access to the project site shall be provided by a minimum of one public access located on C.R. 25A. Actual locations and design of the access shall be determined during the Site Plan review process and shall include consideration of sidewalks, recreation paths etc. Other potential public accesses will be reviewed during the development review process. 

           C.      The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Lake County and City of Leesburg to include right-of-way if needed for the proposed north/south bypass from South Street.

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

           E.      Sidewalks, if required, shall be provided and constructed in accordance with City of Leesburg Codes.

           F.      The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary plat approval.

           G.      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.

           H.      A traffic analysis, if required, shall be submitted prior to site plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.

           I.       If any traffic signals are warranted at the intersection of 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

           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 or raised entries

4.        Covered porch entries

5.        Cupolas

6.        Pillars or decorative 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.       Front windows with arched glass tops and minimum 4-inch trim.

B.      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.

 

C.      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 PD are necessary.

                             

          G.      The proposed project may be constructed in phases in accordance with the Planned     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.

 

          H.      Implementation of the project shall substantially commence within 24 months of approval of the site plan and construction plan approvals for this Planned Development. In the event, the conditions of the PD has not been substantially initiated during the required time period, the PD 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 PD approval or rezone the property to another appropriate zoning classification less intense than the development permitted by these PD Conditions. 

 

7.         CONCURRENCY

         

         The proposed land use change or approval could 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit BC

 

Conceptual Site Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

 [FAM2]The interpretation of this is not clear.