AGENDA MEMORANDUM

 

MEETING DATE:   June 25, 2007 

 

From:                          Laura McElhanon, AICP, Community Development Director

 

Subject:                      Resolution for an Annexation Agreement with  Ellsworth G. Gallimore, Registered Agent, Banning Ranch, LLC

 

 

Staff Recommendation:

Staff  recommends approval of the proposed annexation agreement with Ellsworth G. Gallimore, Registered Agent, Banning Ranch, LLC.

 

Analysis:

As a result of the proposed annexation of approximately 624.26 acres of land into the City, an Annexation Agreement has been prepared to address the overall concepts of the development. This Agreement provides:

 

 

 

Options:        

1.         Approve the requested annexation agreement.

2.         Disapprove the proposed annexation agreement.

 

Fiscal Impact

There is no fiscal impact as a result of this action.

 

 

Submission Date and Time:    6/20/07 4:19 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. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

 

RESOLUTION NO.                       

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF LEESBURG AND Ellsworth G. Gallimore, Registered Agent, Banning Ranch, LLC; AND PROVIDING AN EFFECTIVE DATE.

 

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed to execute the Annexation Agreement between Ellsworth G. Gallimore, Registered Agent, Banning Ranch, LLC and the City of Leesburg, Florida, in the form attached as Exhibit “A” to this resolution.

That this Resolution shall be effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a

regular meeting held the 25th day of  June 2007.

 

 

 

 

                                                                                    ____________________________

                                                                                    Mayor

ATTEST:                                                                   

 

 

 

______________________________

City Clerk


 EXHIBIT A

 

 

THIS INSTRUMENT PREPARED BY & RETURN TO:

Fred A. Morrison

McLin & Burnsed P.A.

Post Office Box 491357

Leesburg, Florida 34749-1357

 

 

Text Box: Annexation Agreement

 

 

            (Banning Ranch, LLC)

 

                                                                                                                      RESERVED FOR RECORDING

 

 

          THIS AGREEMENT entered into as of the                   day of                                 ,2005, between THE CITY OF LEESBURG, FLORIDA, P.O. Box 490630, Leesburg, Florida 34749-0630, hereafter referred to as the “City,” and Ellsworth G. Gallimore, Registered Agent, Banning Ranch, LLC whose address is 557 North Wyore Road, Suite 102, Maitland, FL 32751,  hereafter referred to as the “Developer,”

 

WITNESSETH:

 

            That Developer owns the real property legally described on Exhibit “B” attached, and has applied to annex that property (hereafter referred to as the “Property”) into the City. The parties have entered into this Agreement to set forth certain understandings between them regarding how the Property is to be developed, and which party will be responsible for various expenses connected to the use and development of the Property, if it is annexed into the City and subsequently developed.

 

            NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and of the consideration being given by the City to annexation of the Property into its municipal limits, as well as other good and valuable considerations, receipt whereof is hereby acknowledged, the parties do hereby agree as set forth below:

 

            1.         To incorporate Exhibit “C” Banning Ranch, LLC the Planned Unit Development Agreement dated May 24, 2007, or as maybe subsequently amended, in to this Annexation Agreement.

            2.         Developer shall bear all responsibility, financial and otherwise, for the construction and installation of the following utility infrastructure and other improvements related to the use and development of the Property, 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. Developer shall dedicate on the plat, or otherwise grant to the City, free of liens or encumbrances other than those which are duly subordinated, easements for water, reuse water, and sewer lines and all other utilities mentioned herein, and shall upon approval of the lines by the City, convey title to all utility lines and related infrastructure (such as, but not limited to lift stations) to the City by deed, bill of sale or other appropriate document. The City shall not be obligated to accept for maintenance any utility lines, roads or other items constructed by the Developer which do not meet the specifications and requirements pertaining thereto as set forth in applicable laws, rules and regulations in effect at the time of construction.

A.                 All interior roads, together with such turning lanes, acceleration and deceleration lanes, traffic signals, signs, striping, and other road improvements, on site or off site, as are necessary to the efficient handling of the traffic to be generated by the proposed development of the Property, and to meet the concurrency requirements imposed by law. Roads and other public thoroughfares within the Property shall be dedicated to the public on the plat or in some other manner, unless Developer desires and intends that the roads remain private, in which case the plat, recorded restrictions or other appropriate documents shall contain notice to all purchasers of land within the Development that they, and not the City, will be responsible for maintenance of the roads.

B.                 All supply lines for potable water service to each residential, commercial or industrial unit constructed on the Property. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s potable water system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development.

C.                 Separate water supply lines to carry treated wastewater (“Reuse Water”) to be utilized for irrigation and other purposes for which the use of Reuse Water is approved by applicable laws, rules and regulations. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s reuse water system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development.

D.                Natural gas lines to supply each structure constructed on the Property with natural gas. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s natural gas supply system at the nearest location where there is a supply line of sufficient size to serve the needs of the proposed development.

E.                 Wastewater lines and any necessary lift stations to convey wastewater from each structure on the Property to the City’s wastewater treatment system. This shall include the responsibility to construct such off site lines as are necessary to hook the Property onto the City’s wastewater treatment system at the nearest location where there is a collection line of sufficient size to serve the needs of the proposed development.

F.                  Electrical transmission lines shall be placed underground to serve each structure on the Property. If the Property is not within the City’s electrical service area, the requirement to convey the electrical supply lines to the City shall not apply, however Developer shall still be required to dedicate easements sufficient in size and location for the placement, maintenance, repair, upgrade and improvement of the electrical supply system by the utility in whose service area the Property is located.

G.                Fiber optic cables to serve each structure constructed on the Property with data and other services capable of transmission over such lines. Provided, however, this requirement is only applicable if the City’s fiber optic cable system is available adjacent to the Property at the time of construction/improvement plan approval by the City.

H.                If in its discretion the City desires to have any of the foregoing utility lines oversized for any reason, such as but not limited to serving future development, it may require Developer to install the oversized lines but the City shall pay the difference in cost between the lines which would have been adequate to serve the Property, and the cost of the oversized lines required by the City.

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.

3.         At the time of building permit approval, or other time as specified by City or Lake County ordinance, Developer shall pay all applicable impact fees, connection charges, or other legally adopted fees and costs required by the City or Lake County.

4.         Nothing in this Annexation Agreement shall be construed to exempt the Developer or the Property from any requirements imposed by the City code or other applicable laws, rules and regulations regarding any permits or approvals necessary for the anticipated development of the Property, including but not limited to, platting, building permits, zoning or conditional use permits or amendments to the Future Land Use Element of the Comprehensive Plan as required for the uses to which Developer proposes to put the Property, site plan approvals, or other permitting requirements imposed by local, state or federal government, or any agency thereof.

5.         Developer understands and acknowledges that by entering into this Annexation Agreement, the City is not committing to approve any aspect of the proposed development of the Property, or to do any other act which requires public hearings or approval by the City Commission or other agency or body of the City such as the Planning Commission. All decisions regarding zoning, land use, permitting, and other such approvals, must be made by the body having jurisdiction over such decision under applicable law, and in accordance with all public hearing and participation requirements now or hereafter in effect. This Annexation Agreement shall not be effective, nor shall it be binding on either party, until such time as the Property has been duly annexed into the municipal limits of the City in accordance with all applicable requirements including notice to surrounding property owners and public hearings which are in accordance with Florida Statutes, and the City’s Code of Ordinances. The City does not, by negotiation of this Annexation Agreement with the Developer, intend to commit itself to annex the Property, and shall not be obligated to do so. However, if the City denies Developer’s petition to annex the Property into its municipal limits, this Annexation Agreement shall become void and of no force or effect once the decision of the City Commission to deny the petition to annex has become final and is no longer subject to appeal.

6.         Venue for any action or proceeding arising under this Annexation Agreement shall be in Lake County, Florida. This Annexation Agreement shall be construed in accordance with the laws of Florida. In the event of any litigation arising under this Annexation Agreement, the prevailing party shall be entitled to recover its reasonable court costs and attorneys’ fees at both the trial and appellate levels, in addition to any other relief obtained.

IN WITNESS WHEREOF, the parties have caused their duly authorized officers to set their hands and seals to this Annexation Agreement.

WITNESSES:                                                                        DEVELOPER:

 

 

                                                                                    BY:                                                                 

                                                                                               Ellsworth G. Gallimore                                                                                                                        Registered Agent for Banning Ranch, LLC

                                                                                            

Type or print name of witness                                             

 

 

                                                                       

 

 

                                                                                                           

Type or print name of witness

 

 

STATE OF FLORIDA

COUNTY OF LAKE

 

BEFORE ME, the undersigned Notary Public, Ellsworth G. Gallimore, Registered Agent for Banning Ranch, LLC personally appeared before me and acknowledged on the       ______ day of                                                 , 2007, that he executed the foregoing instrument in said capacity. He is {CHECK ONE}  personally known to me, or else who  produced                                                                 as identification.

 

                                                                                                                                                           

NOTARY PUBLIC                                                     Commission Number

 

                                                                                                                                                           

Type or print name of Notary                                      Commission Expiration Date

 

 

THE CITY OF LEESBURG, FLORIDA

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

Attest:                                                                        

            CITY CLERK

 

 

 

Approved as to form and content:

 

                                                                       

CITY ATTORNEY

 

 

STATE OF FLORIDA

COUNTY OF LAKE

 

            BEFORE ME, the undersigned Notary Public, personally appeared                                                                          , as Mayor, and _________________________________, as City Clerk, who appeared personally before me and acknowledged on the         day of                                                 , 2007, that they executed the foregoing instrument on behalf of the CITY OF LEESBURG, FLORIDA, and who were either {CHECK ONE}  personally known to me, or else who  produced                                                                                                                                               as identification.

 

 

 

                                                                                                                                                           

NOTARY PUBLIC                                                     Commission Number

 

                                                                                                                                                           

Type or print name of Notary                                      Commission Expiration Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

Legal Description

 

 

CASE #:071-1-090706

(Changed to 018-0-040507)                                                                                                         

 

The East ½ of the Southeast ¼ in Section 32, Township 20 South, Range 24 East, Lake County, Florida.

 

And

 

East ½ of the Northwest ¼; The Southwest ¼ of Northeast ¼; The West ¾ of South ½; The Northeast ¼ of Southeast ¼; and the Southeast ¼ of the Northeast ¼ in Section 33, Township 20 South, Range 24 East, Lake County, Florida.

 

And

 

The North ½ of Southeast ¼ of the Northwest ¼; The North ½ of the Southwest ¼ of Northeast ¼ lying West of Highway 33; The Southwest ¼ of the Northwest ¼; and the Northwest ¼ of the Southwest ¼, in Section 34, Township 20 South, Range 24 East, Lake County, Florida.

 

Together with a 25 foot wide easement for ingress and egress lying 12.5 feet on each side of the following described center line; Beginning at the Southwest corner of the Southeast ¼ of the Northeast 1/4 of Section 33, Township 20 South, Range 24 East, in Lake County, Florida; thence running East along the mid-section line of said Section 33 to the Southwest corner of the Southwest ¼ of the Northwest ¼ of Section 34, Township 20 South, Range 24 East, in Lake County, Florida; thence running North along the West line of said Section 34 to a point on the South line of the North ¼ of the Southwest ¼ of the Northwest ¼ of said Section 34; thence running East and parallel with the North line of the South ¼ of the North ¼ of the said Section 34 to a point on the Westerly line of the right of State Road No. 33

 

Together with a non-exclusive easement for ingress and egress 12.5 feet in width on each side of the South line of the North ¼ of the Southwest ¼ of the Northwest ¼ and the West line of the South ¾ of the Southwest ¼ of the Northwest ¼ of Section 34, Township 20 South, Range 24 East, Lake County, Florida.  As recorded in Official Records Book 807, Pages 2174 through 2175 and Official Records Book 2094, Pages 2449 through 2450, Public Records of Lake County, Florida.

 

            Alternate Key Numbers:  1066964, 1081912, 1775299, 1066948, 1081921,            1296650 and 3246586

 

 

 

 

 

 

 

 

 

CASE #:018-0-040507                                                                                                 EXHIBIT C

 

BANNING RANCH, LLC

REZONING TO PUD (PLANNED UNIT DEVELOPMENT)

PLANNED DEVELOPMENT CONDITIONS

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 Banning Ranch, LLC (Banning Ranch) "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 mixed use development comprised of a residential subdivision consisting of a maximum of approximately 1,124 single family residential units and 250 town house residential units on approximate 624.26 acres located west of CR 33, south of Turnpike, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to Banning Ranch, LLC (Banning Ranch) 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 development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated November 20, 2006 as follows:

A.      Residential Development

 1.       The project shall contain a maximum of 1,375 residential units on approximately 624.26 acres at a gross density not to exceed 4.9 units per acre.

       

        2.       The minimum lot sizes shall be as shown on the conceptual Plan for various type residential units.

 

        3.       Minimum lot widths and depths shall be as shown for various type lots on the Conceptual Development Plan. The mix of 1,124  single family residential units and 250 town house residential 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 –20feet;

            Rear setback –18 feet except townhomes which are 10 feet; and

            Side setbacks - minimum 15/5 feet except townhomes.  The total for both setbacks must be at least the first figure. Total for one side must be at least the second figure. Side setbacks for townhomes of 0’ feet for common walls and 5 feet for other side setbacks shall be required. 60’ wide or smaller lots shall have a minimum of 5 feet each side. A zero lot line setback will necessitate a maintenance easement.

                                                            

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 such as town homes and single-family 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 two and one-half stories or 35 feet.

        12.      Permitted Uses:

                  a.       Single-family dwellings detached;       

                  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.      Commercial, Office and Community Facilities

                     1.      An urban design Commercial Center area of approximately five (5) acres shall be situated at the eastern entrance of the development as shown on the conceptual plan. Final determination and location of the commercial areas shall be approved during the Site/Subdivision Plan approval process.

                     2.      Allowable uses shall be those uses as described in the C-1 (Neighborhood Commercial) Zoning District in the City of Leesburg Land Development Code (as amended) 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-1 (Neighborhood 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 eighty (80) percent ISR.

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

         6.      A Neighborhood Commercial development area of approximately five (5) acres shall be permitted, which allows C-1 Neighborhood Commercial uses. The commercial area 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.

         7.      Commercial development areas shall primarily front internal roadways with limited highway exposure.

          

C.      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 six and one-half acres (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 etc., 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.

D.     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.

            E.    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.        

           F.      Development Phasing

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

3.        STORMWATER MANAGEMENT / UTILITIES

Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg.  Water, wastewater and natural gas services will be provided by the City of Leesburg.  Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:

           A.      A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.

           B.      A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.

           C.      A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.

           D.      The 100-year flood plain shown on all plans and lots.

           E.      The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.

           F.      A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.

           G.      A detailed site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Land Development Codes.

           H.      Developer shall bear all responsibility, financial and otherwise, for the construction and installation of utility infrastructure and other improvements related to the use and development of the property including such off site improvements required by the City, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction.

           I.       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 one primary access point from C.R. 33 on the east and the developer will construct the east/west divided boulevard connection to the western boundary. This western connection is in anticipation of a future western connection to C.R. 48 by others to the adjacent property on the west. These accesses 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 establishment of a north/south connection road to adjacent properties.

           B.      The Permittee shall provide all necessary improvements/right-of-way/signalization within and adjacent to the development as required by Lake County, FDOT 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 excluding the north/south bypass road.

           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 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 the time of preliminary plan approval, the Permittee shall become responsible for their pro-rata share of the cost of the signal(s) as determined by the County, City staff and the traffic study submitted therewith.

5.        DESIGN REQUIREMENTS

           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.

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 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.

 

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.

 


Conceptual 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?