MEETING DATE:   May 14, 2007


FROM:                       Laura McElhanon, AICP, Community Development Director


SUBJECT:                  Ordinance for Rezoning for David Wipper/Euclid Avenue



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-3 (High Density Residential) to CIP (Commercial/Industrial Planned).



The project site is approximately 1.18 acres.  The property is generally located on Euclid Avenue and 11th Street, as shown on the attached General Location Map. The present zoning for this property is City R-3 (High Density Residential). Currently, the property has a three unit townhouse model/sale office under construction as a temporary structure and the proposed use is 18 attached townhouse units. The temporary structure will be removed if appropriate zoning and site plan approvals are not obtained within twelve months. The surrounding zoning designations are to the north City C-2 (Commercial), to the south and east R-2 (Medium Density Residential) and to the west P (Public).


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 GC (General Commercial).


The existing land uses surrounding the property are single family residential, offices and the Mote Morris House and Park.


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


By a vote of 7 to 0, the Planning Commission recommended approval.



1.         Approve the proposed rezoning to City CIP (Commercial/Industrial Planned), thereby providing a zoning district that is compatible with the current Future Land Use designation.

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


Fiscal Impact:

There is no fiscal impact to the City.


Submission Date and Time:    5/25/07 8:42 AM____




Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     




Revised 6/10/04


Reviewed by: Dept. Head ________


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________














































Section 1


Based upon the petition of David Wipper, 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 City R-3 (High Density Residential) to CIP (Commercial/Industrial Planned). subject to conditions contained in Exhibit A, to-wit:


Legal Description

(See Exhibit B)


Alternate Key Number: 1264600



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                                          , 2007.






By: _________________________________






City Clerk







CASE #:     019-1-022207                                                                                            EXHIBIT A




FEBRUARY 22, 2007


These CIP Conditions for a CIP (Commercial/Industrial Planned) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to David Wipper/Euclid Avenue, "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 Land Development Code, as amended.


BACKGROUND:  The "Permittee" is desirous of obtaining a CIP (Commercial/Industrial Planned) zoning district to allow construction of a proposed townhouse development consisting of approximately 18 residential units on approximately 1.18 acres located on Euclid Avenue and 11th Street. north of the City’s trail, on a site with­in the City of Leesburg in accordance with their CIP application and supplemental information.


1.       PERMISSION is hereby granted to David Wipper/Euclid Avenue 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:



          See attached legal Exhibit B.[FAM1] 


2.        LAND USE

The above-described property shall be used for residential uses, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

 1.       The project shall contain approximately 18 residential units on 1.18 acres at a maximum density not to exceed 18 units per acre.


        2.       The development standards shall be those required for the CIP district for townhouse uses except as amended by these conditions.


        3.       Distance between buildings. The front or rear of any building may not be closer to the front or rear of any other building than forty (40) feet. The side of any building may be no closer to the side, front or rear of any other building than a minimum of twenty (20) feet.


        4.       City staff as part of the preliminary plan approval process shall approve final site design standards in accordance with the CIP development standards and the approved conceptual site plan, where possible.


                    5.       Impervious surface coverage shall not exceed 50 percent for the residential                                        development and the overall project shall maintain open space of a minimum of                                  20 percent.[FAM2] 


        6.        Maximum building height shall not exceed two and one half stories or 35 feet.


        7.        Permitted Uses:


            a.   Townhouse dwellings;

b.   Accessory structures;

c.   Temporary [FAM3] modular sales center office and construction office not to exceed one year from the approval of the C.O. for the model center or preliminary plan which ever occurs first.

            d.   Model units may be used for sales center during the duration of the project.


 8.        Maximum length. A building group may not be so arranged as to be inaccessible             by       emergency vehicles.


  9.       The following minimum development setbacks shall be maintained:


            Front setback – 20 feet except for 10 feet along (City Trail)

            Rear setback – 18 feet; and

            Side setbacks - 0’ feet for common walls (townhomes), 15’ feet other sides                    

  10.     Parking areas shall be located in the rear where visibility from a public          right-of-                   way is minimized as per the approved conceptual site plan.


  11.     Areas of the property not occupied by buildings or paving shall be landscaped and sodded, or left in natural vegetative cover where there are heavy trees stands.

         12.     Trash dumpster areas for residents, if applicable, shall be located adjacent to the east or west project boundaries with buffers and screening approved by the staff during the preliminary plan review process.


         13.    The external architecture of the buildings at a minimum shall incorporate the design elements required in Section 5.      DESIGN REQUIREMENTS. Variations with similar characteristics may be approved by the Planning and Zoning Manager.


        B.     Recreational Development


1.       Recreational development provided on the site may include active and passive uses, as well as enclosed or unenclosed recreational space, devoted to the joint 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.


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


4.        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 within the required buffer area. Construction of any required improvements will be the developer’s responsibility and shall be developed per City requirements. Final location and design shall be determined during the preliminary plan/site plan review process.


      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.


  3.       Wetlands shall have a minimum upland buffer of 25 feet or the upland buffer established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive.  All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.


        4.       Land uses allowed within the upland buffers are limited to hiking trails, walkways, 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 site 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 be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.

                    8.       Landscape buffer areas shall be required along the property lines as follows:

                              a.   The development property boundary lines shall have a fifteen (15) foot landscape buffer with a six (6) foot decorative wrought iron wall with landscaping along the southern boundary. A six (6) foot decorative fence or wall with landscaping along the northern property lines shall be required. The exact design and location of the fence and wall shall be determined during the preliminary plan/site plan review process.


        9.       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 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.      Individual townhouse lots shall be required to have one landscape palm tree on each lot.


            D.    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 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 R-3 (High Density Residential) or another appropriate zoning classification less intense than the development permitted by these PD Conditions. 



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 shall be required prior to the approval of the final plan.

           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, if necessary, for connection to the property including 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.



           A.      Vehicular access shall be provided by one access each from 11th Street and Euclid Ave. with an alley type road. Actual locations and design of the alley shall be determined during the preliminary plan/site plan review process and shall include consideration of sidewalks, recreation paths etc.        

           B.      The Permittee shall provide their fair share of all necessary improvements/signalization within and adjacent to the development as required by FDOT, Lake County and City of Leesburg.

           C.      All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements. Alleys may be exempted from the normal design standards if determined by City staff as necessary for new urbanism designs (rear garages, etc).

           D.      Internal road rights-of-ways shall be of sufficient width to contain one sidewalk. All sidewalks shall be constructed in accordance with City of Leesburg Codes.

           E.      The Permittee shall be responsible for obtaining all necessary FDOT and Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to final 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.      A traffic/transportation study, if applicable, 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.



           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.       Any other treatment which, in the opinion of the Planning and Zoning Manager,                        meets           the intent of this section.

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



           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.




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




                                                  EUCLID AVENUE TOWNHOMES




Alternate Key: 1264600

Parcel: 26-19-24-390003100200

LEESBURG LOTS 2, 3--LESS W 10 FT--BLK 31 PB 2 PG 19 ORB 3371 PG 788




                                                                Conceptual Site Plan                                          Exhibit C



                                                            Conceptual Elevation                                      Exhibit D





 [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?