AGENDA MEMORANDUM

 

 

MEETING DATE:   November 27, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance Rezoning for Pride Homes of North Florida, LLC and Acorn       Investments, LLC

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from M-1 (Industrial) to CIP (Commercial Industrial Planned).

 

Analysis:

The project site is approximately 254 acres.  The property is generally located at the northwest corner of the intersection of C.R. 470 and the Ronald Reagan Turnpike, as shown on the attached General Location Map. The present zoning for this property is M-1 (Industrial). Currently, the property is undeveloped and the proposed uses are mixed use single family residential, town-homes, commercial and industrial. The surrounding zoning designations are City P (PUBLIC) to the north and east, County HM (Heavy MFG), County A (Agriculture) and City C-3 (Highway Commercial) to the south and Sumter County A (Agriculture) to the west.

 

The proposed zoning district of City CIP (Commercial Industrial Planned) is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of City Industrial.

 

The existing land uses surrounding the property are undeveloped property, single family residential,

agricultural, industrial and public 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.

 

Options:        

1.         Approve the proposed rezoning to City CIP (Commercial Industrial Planned).

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:    12/6/06 4:46 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 254 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF C.R. 470 AND THE RONALD REAGAN TURNPIKE, LYING IN SECTION 7, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM M-1 (INDUSTRIAL) TO CIP (COMMERCIAL/INDUSTRIAL PLANNED), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE (PRIDE HOMES).

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1

 

Based upon the petition of Pride Homes of North Florida, LLC and Acorn Investments, LLC, 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 M-1 (Industrial) to CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

Alternate Key Numbers 1171458

 

 

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 #:115-2-092106                                                                                                 EXHIBIT A

 

RIVERWALK AT LEESBURG

REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

PLANNED DEVELOPMENT CONDITIONS

OCTOBER 19, 2006

 

This Planned Development Conditions for a CIP (Commercial/Industrial Planned Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Pride Homes Of North Florida, LLC and Acorn Investments, LLC (Riverwalk At Leesburg) "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 Developments of the City of Leesburg Code of Ordinances, as amended.

 

BACKGROUND:  The "Permittee" is desirous of obtaining a CIP (Commercial/Industrial Planned) zoning district to allow construction of a proposed mixed use development comprised of a residential subdivision and light industrial development consisting of a maximum of 761 residential units on approximate 107 acres with a commercial village center of approximately 32 acres and a light industrial area of approximately 14 acres for a total of approximately 247 acres located northwest corner of the intersection of C.R. 470 and the Ronald Reagan Turnpike, on a site with­in the City of Leesburg in accordance with their CIP application and supplemental information.

 

1.       PERMISSION is hereby granted to Pride Homes of North Florida, LLC and Acorn Investments, LLC (Riverwalk at Leesburg) to construct, operate, and maintain a Planned 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 shall be used for mixed use residential/commercial/industrial development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated September 28, 2006 as follows:

A.      Residential Development

 1.       The project shall contain a maximum of 761 residential units on approximately 107 acres at a gross density for the residential areas not to exceed 8 units per acre.

       

        2.       The minimum lot size shall be 9,000 square feet for single-family detached “Village Estate Home Lots”, 7,200 square feet for single-family detached “Home Lots”, and 6,000 square feet for single-family detached “Cottage Home Lots”. Lot sizes for new single family attached urban-style, traditionally designed townhomes with rear alley access shall be determined by City staff as part of the preliminary plan approval process.

 

        3.       Minimum lot widths shall be 50 feet, 60 feet and 75 feet as shown for various type lots on the Conceptual Development Plan. Minimum lot depth shall be 100 feet except townhomes. The mix of the lots shall not exceed the total number of approved dwelling units and density as described in this section.

       

        4.       The minimum yard setbacks shall be as shown on the Conceptual Development Plan for the various types of units except as follows:

 

            Front setback – 20 feet except 12 feet for units with rear access garages;

            Rear setback – 20 feet except townhomes; and

Side setbacks - minimum 15/0eet.  The total for both setbacks must be at least the first figure. Total for one side must be at least the second figure. A zero lot line setback will necessitate a maintenance easement. 0’ feet for common walls (townhomes). 50’ wide lots shall have a minimum of 5 feet each side.

                                                            

5.        Minimum distance between structures shall be 10 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 15 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 CIP for various type units such as townhomes, zero lot line, common wall, single-family, new single family urban-style, traditionally designed etc.

 

        10.     Impervious surface coverage for single-family detached shall not exceed 65 percent for residential uses. Other types of development may exceed this percentage; however, the overall project shall maintain open space of 30 percent.[FAM2] 

        11.      Maximum building height shall not exceed four stories or 50 feet.

        12.      Permitted Uses:

                  a.       Single-family dwellings (attached and detached);   

                  b.       New urban design single-family dwellings;

                  c.       Townhouses and condominium;

                  d.       Accessory structures;

                  e.       Temporary [FAM3] modular sales center and construction office until complete project.

  f.      All residential units shall be developed through a subdivision plat or condominium  instruments.

       

        13.     Based on the mix of housing types and lot sizes, this project complies with the diversity of housing required by the City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2.[FAM4] 

 

B.      Recreational Development

         1.      Recreational development shall require a minimum of 3.5 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 trail system is required, the development shall provide a public rail to trails access/connection through the development along the Ronald Reagan Turnpike or other areas as determined by staff 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.      A pedestrian trail shall be constructed to tie together the proposed club house, open space, recreation, wetlands and commercial areas of the development.

7.      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.      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 CIP residential development of the site.

D.     Commercial, Office and Community Facilities

                     1.      Village Town Commercial Center area of approximately 32 acres shall be situated adjacent to C.R. 470 the on the south and adjacent on the east and west to the two collector roads. Access to C.R. 470 shall be restricted with primary internal access from the circular access road. Final determination and location of commercial areas shall be approved during the Preliminary Subdivision Plan/Site Plan approval process.

               2.      Allowable uses shall be those uses as described in the C-2 (Community Commercial) Zoning District in the City of Leesburg Land Development Code (as amended) including hotels/motels and car washes and shall also be consistent with the City of Leesburg adopted Growth Management Plan (as amended).

                     3.      The minimum development standards shall be those of the C-3 (Highway Commercial) Zoning District of the Land Development Code. Lot sizes and setbacks may be adjusted by staff during the site plan review process.

                     4.      The gross leaseable area for the designated commercial areas shall not exceed sixty-five (65)      percent ISR unless residential units are located above the commercial/office areas. With residential units the ISR shall increase to eighty (80) percent.

                     5.      Maximum impervious surface ratio for commercial shall not exceed 80 percent of the    site.

                     6.      Maximum building height shall not exceed six stories or 72 feet.

         7.      Commercial development areas shall be properly screened from residential areas with a buffer in accordance with the City of Leesburg Land Development Code (as amended).Minimum buffer width shall be 10 feet.

         8.      Access to the commercial development areas shall be from internal roadways, only.

E.     Industrial Development

                     1.      A Light Industrial Center area of approximately 14 acres shall be situated adjacent to the Village Town Commercial Center and collector road on the east. Final determination and location of the industrial area shall be approved during the Preliminary Subdivision Plan and/or the site plan approval    process.

                     2.      Industrial uses shall be those listed for the M-1 (Industrial) uses in the Land Development Code as permitted uses for light industrial except as limited by this CIP as follows:

                              a.   Prohibited Uses

                                     1)        Dog or horse track, jai-alai fronton

                                     2)        Firing, paintball or archery range, outdoor

                                     3)        Recreational vehicle park/campground

                                     4)        Truck stop

                                     6)        Vehicle sales, leasing or rental

                                     7)        Vehicle service, intensive or limited

                                      8)       Boat livery/marina, Boat sales not accessory to boat livery, Dock, pier or wharf (commercial)

                                     9)        Adult Entertainment

                                    10)       Crematorium

                                   11)        Stockpiling, All waste-related services, Recycling equipment and facilities

                                   12)      All heavy industrial uses.                                                        

                                   13)        Any use that is potentially dangerous, noxious or offensive to neighboring uses in the district or those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause., packing, treating, and storage.

                       

b.   All activity shall occur within enclosed buildings and only limited open storage shall be permitted that is accessory to the primary light industrial activity and which is completely screened from public view. Final determination screening and location of open storage areas shall be determined during the Preliminary Site Plan approval process.         

            F.    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.

                    3.       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.

                    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/historical/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 the 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 Land Development Code.

                              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 average buffer easement and construct a landscape berm and noise buffer which may include a trail corridor adjacent to the turnpike with design to be reviewed by staff during the preliminary plan review process. Existing natural vegetation may be used where adequate for the proposed buffer.

           G.      Development Phasing

        1.       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 Development review process.

        2.       Implementation of the project shall substantially commence within 24 months of approval of this Planned Development.  In the event, the conditions of the CIP have not been implemented during the required time period, the CIP 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 CIP approval or rezone the property to RE-1 (Estate Density Residential) or another appropriate zoning classification less intense than the development permitted by these CIP 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. 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 access points along C.R. 470. The primary accesses from C.R.470 shall be through a divided boulevard type road. Actual location and design of the accesses 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 west and north. 

           B.      The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by 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 including but not limited to Miami curbs.

           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.  All sidewalks shall be constructed in accordance with City of Leesburg Codes.

           E.      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 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 study shall be submitted prior to preliminary plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.

           I.       At such time that traffic signals are warranted at the intersections on C.R. 470 and the proposed project entrances, 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

                             Designs to meet general conceptual standards provided in Exhibits C, D and E and will be reviewed during the development review and permitting process.

   a.   Detached single-family homes shall have garages located with the following provisions.

1)      Front access garages must be off set 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 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 and/or Cracker style front elevations

3)      Covered front porches of at least forty percent of the length of the front elevation at a minimum depth of four (4) feet.

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)      Repetitive windows with minimum 4-inch trim.

     B.      Commercial Village Center Design

                    1.       Building frontages shall occupy no less than 75% of the street facing entrance.

              2.       Height. The maximum building height may be increased by 10 feet as an incentive for vertical mixed use buildings, except where adjacent to single-story residential uses.

              3.       Public Entrance. Buildings that are open to the public shall have an entrance for pedestrians from the street to the building interior. This entrance shall be designed to be attractive and functionally be a distinctive and prominent element of the architectural design, and shall be open to the public during business hours. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to the entrances.

              4.       Building Façade. No more than 20 feet of horizontal distance of wall shall be provided without architectural relief for building walls and frontage walls facing the street.  Buildings shall provide a foundation or base, typically from ground to bottom of the lower window sills, with changes in volume or material. A clear visual division shall be maintained between the ground level floor and upper floors. The top of any building shall contain a distinctive finish consisting of a cornice or other architectural termination as described below, subsection

5.        Storefront character. Commercial and mixed-use buildings shall express a “storefront character” with the new urbanism design elements complimenting Phase V. This guideline is met by providing all of the following architectural features along the building frontage as applicable.

a.   Corner building entrances on corner lots.

b.  Regularly spaced and similar-shaped windows with window hoods or trim (all          building stories).

c.   Large display windows on the ground floor. All street-facing, park-facing and plaza-facing structures shall have windows covering a minimum of 40% and a maximum 80% of the ground floor of each storefront’s linear frontage.  Blank walls shall not occupy over 50% of a street-facing frontage and shall not exceed 20 linear feet without being interrupted by a window or entry. Mirrored glass, obscured glass and glass block cannot be used in meeting this requirement. Display windows may be used to meet this requirement, but must be transparent and shall not be painted or obscured by opaque panels.

6.     Orientation. The primary building entrances shall be visible and directly accessible from a public street. Building massing such as tower elements shall be used to call-out the location of building entries.

C.      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.

          

           D.     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 Develop­ment Conditions.  Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Develop­ment amendment process.

           B.      No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes

       C.      Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

       D.      The transfer of ownership or lease of any or all of the property described in this CIP 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 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 CIP 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 CIP 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.


Exhibit B

Legal Description

 

All of Section 7, Township 20 South, Range 24 East, Lake County, Florida, lying South of the West Boundary of the Sunshine State Parkway, LESS the right-of-way for State Road No. 470 in Lake County, Florida

Less:

Commence at a 3” x 3”  lighter wood post marking the East quarter corner of Section 18, Township 20 South, Range 24 East, as shown on the Sunshine State Parkway Right-of-Way Map for Lake County, Project No.2, Contract No. 13.4, Sheet No.2; thence N01° 01’102” West along the East line of the NE ¼ of said Section 18, a distance of 2658.28 feet to a concrete monument marking the Northeast corner of said Section 18 as shown on the said Sunshine State Parkway Right-of-Way Map; thence S89° 00’55” West along the North line of the NE ¼ of said Section 18, a distance of 593.64 feet to a point of intersection with the Westerly right-of-way line of the Sunshine State Parkway; thence leaving the North line of the NE ¼ of said Section 18, N44° 00’55” West along said westerly right-of-way line a distance of 95.76 feet to a point of intersection with the Northerly right-of-way line of County Road 470 as shown on State Road Right-of-way Map, Section 11670-2601, Sheet 2; said intersection also being the point of Beginning; thence leaving said Westerly right-of-way line of the Sunshine State Parkway,  S89° 00’55” West along said Northerly right-of-way line a distance of 329.45 feet; thence S80° 29’04” West along said Northerly right-of-way line a distance of 134.83 feet; thence S89° 00’55” West along said Northerly right-of-way line a distance of 1456.67 feet; thence leaving said Northerly right-of-way line N00° 59’05” West a distance of 130.00 feet; thence N89° 00’55” East a distance of 850.00 feet; thence N00° 59’05” West a distance of 850.00 feet; thence N41° 56’49” West a distance of 738.95 feet; thence N45° 59’05” East a distance of 100.00 feet to the said Westerly right-of-way line of the Sunshine State Parkway; thence along said Westerly right-of-way line S44° 00’55” East a distance of 2170.00 feet to the Point of Beginning.


 

Exhibits C

Elevation

 

 

 

 

 

 

Exhibits D

Elevation

 

 

 

 


 

 

 

 

Exhibit E

Elevation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

Exhibit F

Conceptual Development Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

 [FAM2]The interpretation of this is not clear.

 [FAM3]Do you want to define or limit the “temporary” nature of this use?

 [FAM4]It is inconsistent to count garage apartments toward affordable housing goals if they are not considered housing units for density purposes, also in reality how many garage apartments in a development like this will really be made available for housing use?