AGENDA MEMORANDUM

MEETING DATE: January 22, 2007

FROM: Laura McElhanon, AICP, Community Development Director

SUBJECT: Ordinance for Rezoning of Lake Port Square LLC

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the proposed rezoning of the subject property from City R-3 (High Density Residential) with a Conditional Use Permit to City PUD (Planned Unit Development).

Analysis:

The project site is approximately 77 acres. The property is generally situated south of Dixie Avenue and east of June Drive, as shown on the attached General Location Map. The present zoning for this property is R-3 (High Density Residential) with a Conditional Use Permit (CUP). Currently, the property is a retirement community with medical and professional offices and the proposed use is to continue the existing uses and add single family, duplexes, and carriage homes. The surrounding zoning designations are City R1-A (Single Family Residential) to the east, City R-1 (Low Density Residential), R-2 (Medium Density Residential) and R-3 (High Density Residential) to the north, City PUD (Planned Unit Development) to the west and Lake Harris 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 existing City future land use designation of High Density Residential.

The existing land uses surrounding the property are single family and undeveloped properties.

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

By a vote of 7 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. Other such action as the Commission may deem appropriate.

Fiscal Impact:

There is no fiscal impact to the City.

Submission Date and Time: 1/18/07 10:06 AM____

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 _RS__

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 77 ACRES GENERALLY LOCATED SOUTH OF DIXIE AVENUE AND EAST OF JUNE DRIVE, LYING IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) WITH A CONDITIONAL USE PERMIT 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 Lake Port Square 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 City R-3 (High Density Residential) with a Conditional Use Permit to PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:

(See Exhibit B for Legal Description)

Alternate Key Numbers 3815965, 2813091, 3528018, 3815964, 1206031, 1206022, 3319737 and 3252527.

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 22^nd __ day of January , 2007.

THE CITY OF LEESBURG

By:_________________________________

Mayor

ATTEST:

___________________________________

City Clerk

CASE #: 172-1-120706 EXHIBIT A

LAKE PORT SQUARE LLC

PLANNED UNIT DEVELOPMENT CONDITIONS

NOVEMBER 9, 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 Lake Port Square LLC "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 the current development of a retirement community with medical and professional offices and add single family, duplexes, and carriage homes uses for a 77 +/- acre site within the City of Leesburg in accordance with their PUD application and supplemental information.

1. PERMISSION is hereby granted to Lake Port Square LLC to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg. The property is generally situated south of Dixie Avenue, east of June Drive. The property is more particularly described as follows:

2. LEGAL DESCRIPTION:

See attached legal Exhibit B.[FAM1]

3. LAND USE

The above-described property shall be used for a mixed use retirement community with medical and professional offices, single family, duplexes, and carriage homes development, pursuant to City of Leesburg development codes and standards. In addition, the conditions of the Conditional Use Permit Case No. 038-5-091996, as amended, shall be incorporated in to these conditions where not in conflict with these conditions (See Exhibit C).

A. Uses shall be those permitted under the Schedule of Uses for the PUD district per the City code as limited per these conditions and as shown on the Conceptual Plan for occupancy by type use.

1) Uses permitted shall be as follows:

a. RESIDENTIAL USES - Household Living, Group Living as per PUD Schedule of Uses.

b. PUBLIC AND CIVIC USES - Community Service, Day Care, Educational Facilities, Medical Facilities, Parks and Open Areas, Places of Worship, Social Service Institutions, Utilities, Wellness Center,

c. COMMERCIAL USES - Indoor and Outdoor Recreation, Office, Parking, Personal Services, Garden Center.

2) Accessory uses shall be as follows:

a. Restaurants, Retail Sales and Service, Town Hall, Marina

B. The [b2] impervious surface coverage for the entire Planned Development shall not exceed seventy (70) percent of the gross site area.

C. A minimum of thirty (30) percent of the site shall be developed as common open space, including retention areas, buffer and landscaped areas, pools and fountains. Parking areas and vehicle access facilities shall not be considered in calculating common open space.

4. SITE ACCESS

A. Access to the site shall be from Dixie Avenue with a divided boulevard type road. Any changes needed as a result of the amendments to the Master Plan will be reviewed by staff during the site plan review process.

5. HEIGHT OF BUILDINGS

A. Per CUP conditions.

6. DEVELOPMENT STANDARDS

A. The minimum development standards shall be those required for the PUD district except as amended by these conditions.

7. PARKING

A. The permittee shall construct off-street parking spaces within the development per City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces.

8. WETLANDS

A. Should wetlands exist on the site, the following requirements shall apply. Prior to disturbance or development of any wetland area, the "Permittee" shall submit and receive approval from all affected governmental agencies to include, but not limited to, St. John's River Water Management District and the State of Florida Department of Environmental Regulation. Any notice of violation from any affected agency shall be cause for a cease and desist order on permits issued by the City of Leesburg until such time as the violation has been resolved with the appropriate agency(s).

9. DRAINAGE AND UTILITIES

A. Prior to receiving Final Development Plan Approval, the "Permittee" shall submit a Master Site Drainage Plan and Utility Implementation Plan acceptable to the City of Leesburg. Prior to any clearing, grubbing, or disturbance of the natural vegetation in any phase of the development, the permittee shall provide:

1) A detailed site plan demonstrating no direct discharge of stormwater runoff generated by the development into any natural surface waters or onto adjacent properties.

2) A detailed site plan indicating all provisions for electric, water, sewer, and natural gas in accordance with the site plan review process as required by the City of Leesburg Code of Ordinances.

10. ENVIRONMENTAL ASSESSMENT

A. 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.

11. TRANSPORTATION

A. All transportation improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application. Said approval shall also be contingent upon review and approval by Lake County and the FDOT, as required.

1) The applicant shall provide all necessary roadway and intersection improvements within the development and its connection to Dixie Avenue, based on a current traffic analysis, as required by County or City staff during the site plan review process. Approval of all necessary permits and improvements as required by the City of Leesburg and Lake County shall include any needed right of way, signalization and improvements required to support the development.

2) Roadways shall be constructed within the interior of the development such that continuous vehicular access is available among and between all structures within the development.

3. Sidewalks shall be constructed as required by the City of Leesburg Code of Ordinances for the development.

12. LANDSCAPING/BUFFERING

A. Landscaping of any required buffer areas shall be as follows:

1) Plans and site design for the installation of landscaping shall be submitted and approved prior to issuance of building permits for new construction. All landscaping shall be in accordance with regulations contained within the City of Leesburg Code of Ordinances.

2) For each one hundred (100) linear feet, or fraction thereof, of required landscaping, 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.

13. MAINTENANCE

A. With the exception of public utilities, maintenance of all site improvements, including but not limited to drives, sidewalks, landscaping and drainage shall be the responsibility of the developer or a legally created property owner’s association. The City of Leesburg will not be responsible for the maintenance of any transportation improvements required of the developer. The permittee shall establish an appropriate legal entity to pay the cost of maintaining transportation improvements.

14. ARCHITECTURE

A. All new buildings shall have a common architectural theme for each phase (see conceptual elevations Exhibits D).

B. Other similar design variations meeting the intent of this section may be approved by the Planning and Zoning Manager.

15. 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 PD 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 PD 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 dated Oct. 6, 2006 (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.

16. 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 B

Legal Description