MEETING DATE:   June 11, 2007


FROM:                       Laura McElhanon, AICP, Community Development Director


SUBJECT:                  Ordinance for Rezoning for Sally Musso, Trustee



Staff Recommendation: 

The Planning Commission and Planning staff recommend approval of the proposed rezoning for the subject property from County R-1 (Residential) to City PUD (Planned Unit Development).



The project site is approximately 19.94 acres.  The property is generally situated south of Park Holland Road and east of Picciola Road, as shown on the attached General Location Map. The present zoning for this property is County R-1 (Residential). Currently, the property is undeveloped and the proposed use is single family townhomes.  The surrounding zoning designations are all County R-1 (Residential) to the east, City C-3 (Highway Commercial) to the south and west, and County R-1 (Residential) and City C-3 (Highway Commercial) to the west, and City R-1 (Low Density Residential) and R-3 (High Density Residential to the north.


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 Estate  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



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:    6/8/07 10:31 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 Sally Musso, Trustee, 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 R-1 (Residential) to City PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:


Legal Description

(See Exhibit B)


Alternate Key Numbers: 1289459 and 1772109


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 NO: 126-1-090706                                                                                          Exhibit A





MAY 24, 2007 (Revised)


This Planned Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Sally Musso, Trustee (Musso-Spence Property) "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 PUD (Planned Unit Development) zoning district to allow construction of a proposed residential development comprised of a residential subdivision consisting of a maximum of 34 single family town house residential units on approximate 19.94 acres located south of Park Holland Road and east of Picciola Road, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.


1.       PERMISSION is hereby granted to Sally Musso, Trustee (Musso-Spence Property) 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 mixed use residential development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated July 26, 2006 as follows:

A.      Residential Development

 1.       The project shall contain a maximum of 34 residential units on approximately 19.94 acres at a gross density for the residential areas not to exceed 4 units per acre.


        2.       The minimum lot size shall be 3,450 square feet for single-family attached units.


        3.       Minimum lot widths shall be 30 feet for single-family attached units as shown for various type lots on the Conceptual Development Plan. Minimum lot depth shall be 115 feet.


        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 –20feet;

            Rear setback –25 feet; and

            Side setbacks - minimum for townhomes of 0’ feet for common walls and 5 feet for other side setbacks shall be required.


5.        Minimum distance between structures shall be 10 feet; measured from building wall to building wall and the roof overhang shall not exceed two feet.


        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 screened enclosure must maintain a minimum setback of five (5) feet from the rear property line.


        9.       The Planning Commission as part of the preliminary plan approval process shall have the ability to adjust final lot sizes and setbacks where necessary for the proper design of the project based on the general intent of the PUD for various type units.


        10.     Impervious surface coverage for single-family attached 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 two and one-half stories or 35 feet.

        12.      Permitted Uses:

                  a.       Single-family dwellings attached;       

                  b.       Townhouses and condominium;

                  c.       Accessory structures;

                  d.       Temporary [FAM3] modular sales center and construction office until completion             project.

  e.       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 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.

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.      Within each respective community, the single family community and the town-home community, sidewalks or trails or a combination thereof shall be provided throughout the communities to provide pedestrian access from all residences to all amenities.

         4.            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 PUD residential development of the site.

            D.     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.        A minimum twenty-five (25) foot natural buffer shall be adjacent to the eastern                     property line. From the cul-de-sac south, this buffer may be replaced by a six                            foot (6) wall or solid fence.

           E.      Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Planned Unit Development Master Plan. 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 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. 


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.       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 to the project site shall be provided by a minimum of one access point along Park Holland Road. Actual location and design of the access shall be determined during the Preliminary Subdivision Plan review process and shall include consideration of sidewalks, recreation paths etc.

           B.      The Permittee shall provide all necessary improvements/right-of-way/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.

           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 construction plan approval.

           F.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements unless specifically accepted by formal action of the City Commission. The town home community may provide for private roads. 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 review shall be done as part of the preliminary plan approval process to determine any necessary access improvements. Said improvements will be the responsibility of the Permittee.


           A.      Residential Development

              1.      Building Design

         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.      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.



           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 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 Development established and agrees to be bound by these conditions.  The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Land Development Code, as amended. 

E.     These PUD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor, and shall be subject to each and every condition herein set out.

F.      Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PUD are necessary.




The proposed land use change or approval would result in demands on public facilities which would exceed the current capacity of some public facilities, such as, but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities. However, no final development order (building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.




Legal Description



CASE #:126-1-090706



From the Northwest corner of Government Lot 2, in Section 14, Township 19 South, range 24 East, run South along the West line of said Section for 20 feet; run thence East parallel to the North line of said Government Lot 2 for 381.0 feet for the Point of Beginning.  From said Point of Beginning run South parallel to West line of said Section for 251.5 feet, thence turn an angle to the West of 89°46’50” and run 381.0 feet to the West line of said Section, run thence South along said West Section line for 1068 feet, more or less, to the South line of Government Lot 2, run thence East along said South line for 775 feet, run thence North, parallel to West line of said Section for 1320 feet, more or less, to a point that is 374 feet East of the Point of Beginning.  Run thence West 374 feet to the Point of Beginning.  Less the East 160 feet of the West 705 feet of the North 220 feet of said Government Lot 2.




The East 324 feet of the West 755 feet of the North 251.5 feet of the Southwest ¼ of the Northwest ¼, Less the East 160 feet of the West 705 feet of the North 251.5 feet.




The South 72.5 feet of the East 160 feet of the West 705 feet of the North 292.5 feet of Government Lot 2, in Section 14, Township 19 South, Range 24 East, Lake County, Florida.


Alt keys 1289459 and 1772109












Exhibit C

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?