AGENDA MEMORANDUM

 

 

MEETING DATE:   August 13, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for amending Ordinance 05-134 Rezoning for ECP Holdings,      LLC formerly Richard & Betty Lasher (Windy Oaks)

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed amended zoning ordinance for the subject property to amend the existing PUD (Planned Unit Development) to increase the amount of residential land to approximately 41.7 acres and decrease the amount of commercial land to approximately 19.3 acres and amend the legal description.

 

Analysis:

The project site is approximately 61 acres.  The property is generally located at the northwest corner of C.R. 33 and C.R. 48, as shown on the attached General Location Map. The present zoning for this property is PUD (Planned Unit Development). Currently, the property is undeveloped and the proposed uses are residential and commercial uses under the existing PUD (Planned Unit Development) zoning. The surrounding zoning designations are County A (Agriculture), R-6 (Urban Residential), R-7 (Mixed Residential) and LM (Light Manufacturing) to the north, County A (Agriculture) and City PUD (Planned Unit Development) to the south, County R-7 (Mixed Residential) and City P (Public) and County A (Agriculture) to the west, and HM (Heavy Mfg), MP (Planned Industrial) and County A (Agriculture).

 

The proposed zoning district amendment to the existing PUD (Planned Unit Development) is compatible with adjacent and nearby properties in the area and with the proposed City future land use designation of City Industrial.

 

The existing land uses surrounding the property are undeveloped property.

 

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.

 


Options:        

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:    8/24/07 5:26 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 _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING ORDINANCE 05-134 FOR THE ZONING OF APPROXIMATELY 61 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF C.R. 33 AND C.R. 48, LYING IN SECTIONS 15, 21 AND 22, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY PUD (PLANNED UNIT DEVELOPMENT) TO AMENDED PUD (PLANNED UNIT DEVELOPMENT), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

 

Based upon the petition of ECP Holdings, LLC, 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 PUD (Planned Unit Development) to amended PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

Alternate Key Numbers 1069556, 1296196, 1069564 and 1295491

 

 

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.

 

THE CITY OF LEESBURG

 

 

By:_________________________________

            Mayor

ATTEST:

 

 

___________________________________

City Clerk

 

 

 

 

CASE #:001-1-010407                                                                                                  EXHIBIT A

(Previous 074-1-100605)

WINDY OAKS

 PLANNED UNIT DEVELOPMENT CONDITIONS

SEPTEMBER 29, 2005

 AS AMENDED JANUARY 4, 2007

 

This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to ECP Holdings, LLC formerly Richard & Betty Lasher (Windy Oaks) "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 Unit Development “of the City of Leesburg Code of Ordinances, as amended.

 

BACKGROUND:  The "Permittee" is desirous of obtaining a Planned Unit Develop­ment (PUD) zoning district to allow construction of a proposed mixed use development comprised of a residential subdivision and commercial development consisting of a maximum of 199 residential units on approximate 41.717 acres with a commercial center of approximately 19.296 acres for a total of approximately 61.013 acres located northwest of the intersection of County Road 33 and County Road 48, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.

 

1.       PERMISSION is hereby granted to ECP Holdings, LLC formerly Richard & Betty Lasher (Windy Oaks) to construct, operate, and maintain a Planned Unit 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.

         

2.        LAND USE

The above-described property, containing approximately 61.013 acres shall be used for mixed use residential and commercial development, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

 1.       The project shall contain approximately 78 townhome residential units and approximately 121 detached single family units on approximately 41.717 acres at a gross density not to exceed 5.0 units per residential acre.  Other similar lot mixtures may be approved by the Planning and Zoning Manager.  (See C.5 for commercial areas)

       

        2.       The minimum lot size shall be 5,500 square feet for single-family detached except for the townhomes.

 

        3.       Minimum lot width for single-family detached shall be 50 feet with a lot depth shall be 110 feet, subject to paragraph 2(a)(10).

      

4.        The minimum lot size for attached single-family (townhomes) shall be 25 feet with a lot depth shall be 110 feet, subject to paragraph 2(a)(10).

 

.       5.       The following minimum yard setbacks shall be maintained for single-family detached:

 

            Front setback – 25 feet, townhomes 20 feet;

            Rear setback – 18 feet; and

            Side setbacks – 0’ feet for common walls (townhomes), 5’ feet other sides

                                                            

6.        Minimum distance between structures shall be 10 feet; measured from building wall to building wall and the roof overhang shall not exceed 40 percent of the distance between the building wall and the property line.

 

        7.       Corner lots shall have a minimum side yard setback of 20 feet from the public right-of-way.

 

        8.       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.

 

        9.       An attached swimming pool screened enclosure must maintain a minimum setback of five (5) feet from the rear property line.

 

        10.     City staff as part of the preliminary plan approval process shall approve final lot sizes and setbacks based on the general intent of the PUD for various type units such as townhomes, zero lot line, common wall, single-family, new single family urban-style, traditionally designed etc.

 

        11.     Impervious surface coverage for single-family detached residential shall not exceed 65 percent with a maximum of 70 percent for all other residential. Open space shall be a minimum of 30 percent.

 

        12.     Maximum building height shall not exceed three stories or 35 feet.

        13.      Permitted Uses:

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

  b.   Townhomes single-family dwellings;

  c.   Accessory structures;

  d.       Temporary modular sales center and construction office not to exceed one year from start of construction of project.

  e.       All residential units shall be developed through a subdivision plat.

 14.     Based on the mix of housing types and the provision for market rate units (no age restricted units), 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.

       


B.     Recreational Development

1.       Recreational development shall include active and passive uses for the project.  Recreational development shall meet the requirements of the City of Leesburg Code of Ordinances and adopted Growth Management Plan (as amended).

  2.       The Planned Development shall provide pedestrian accessibility from all areas to any proposed recreational areas. 

        3.       Recreational areas totaling (37,800 sq.ft.) shall be provided and developed by the developer with type and location of improvements to be determined by staff as part of the Preliminary Subdivision approval process.

        4.       Recreational vehicle parking shall be restricted through deed restrictions/covenants which shall prohibit 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.

         5.      Limited commercial uses shall be allowed within buildings designated for recreational use and shall be intended for the primary use of project residents. The location and intensity of such uses shall be approved by the City staff as part of the preliminary plan review process.  Examples of such uses are sales office, post office, ATM or bank services, coffee shop etc.

         6.      In addition, the development shall dedicate a twenty-five (25) tract of land to the City adjacent to CR-48 and CR-33 to be reserved for use as a public trail.  Such trail shall be developed by the developer per City trail requirements. Some credit may be allowed toward the required recreation areas depending on final determination of overall recreation and trail development plans. Final location and design shall be determined during the preliminary plan/site plan review process. Final location and design shall be determined during the preliminary plan/site plan review process.

C.      Commercial, Office and Community Facilities

                     1.      Town designed Commercial Center area of approximately nineteen point two nine six acres (19.296) shall be situated at the northwest corner of C.R. 33 and C.R. 48. Primary design orientation of the center will be toward the interior boulevard roadway. Final determination of design and location of commercial areas shall be approved during the Preliminary Subdivision Plan/Site Plan approval process.

               2.      Allowable uses shall be those uses as described in the C-2 (Community Commercial) Zoning District in the City of Leesburg Code of Ordinances, 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-2 (Community Commercial) Zoning District of the Code of Ordinances. Lot sizes and setbacks may be adjusted by staff during the site plan review process.

                     4.      Maximum impervious surface ratio for the designated commercial areas shall not exceed seventy (70)            percent ISR unless residential units are located above fifty (50) percent of the commercial/office areas. With residential units the ISR shall increase to eighty (80) percent.

                     5.      The inclusion of residential units shall not exceed 4.0 units per acre for commercial                               areas.

                     6.      Maximum building height shall not exceed three stories or 40 feet unless residential units are included; then maximum building height shall increase to four stories or 50 feet.

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

         8.      Access to the commercial development areas shall be primarily from internal roadway. Pedestrian access shall be provided from the residential areas to the commercial area and connection to the City’s trail system shall be reviewed during the site plan review process.

            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 an average of 50 feet from any wetland jurisdiction                                        boundary. Under no circumstances shall the minimum buffer width be less than 30                   feet.

                    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 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 wildlife 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 wildlife 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.       A twenty-five (25) foot wide vegetative landscaped buffer shall be required along boundaries of the development. Along C.R. 48 adjacent to residential, the buffer shall require a landscape berm unless the buffer is reduced as per this section. The buffer width may be reduced by the Planning and Zoning Manager if a wall is used as a buffer. The buffer shall retain existing healthy trees, shrubs and ground cover and shall include additional plantings where needed as provide in D.9 below.

       

        9.        Landscaping of any 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.

                    10.     Staff will review and may adjust the required buffers during the preliminary plan review process.

            E.     Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Planned Unit Development Master Plan (attached as part of these conditions). The residential portion of the property may be developed prior to the commercial portion of the property which shall be developed as a separate phase.  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 Unit 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.      Should the Permittee desire to dedicate the proposed project’s stormwater management system to the City of Leesburg; the City, at its discretion, may accept or not accept the stormwater management system.  Prior to acceptance, the Permittee shall demonstrate to the City the stormwater management system is in a suitable condition and meets City of Leesburg and St. Johns River Water Management District requirements. As a condition of accepting the 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.

           H.      A detailed subdivision/site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Code of Ordinances.

4.        TRANSPORTATION IMPROVEMENTS

           A.      All transportation improvements shall be based on a current traffic analysis and shall be contingent upon Preliminary Subdivision Plan approval by City staff during the development review and permitting process.

           B.      Vehicular access to the project site shall be provided by a minimum of three public access points, one on C.R.33, one on C.R.48 and one on South Quarters Road through public divided boulevard type roads. Actual locations and design of the boulevards shall be determined during the Preliminary Subdivision Plan review process and shall include consideration of sidewalks, recreation/trail paths etc. Other potential public accesses such as to the west and northwest will be reviewed during the development review process. 

           C.      The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Lake County and City of Leesburg.

           D.      All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements including at a minimum Miami curbs.

           E.      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.

           F.      The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary plan approval.

           G.      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.

           H.      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.

           I.       A traffic/transportation analysis 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.

           J.       At such time that traffic signals are warranted at the intersections adjacent to the proposed project entrances, the Permittee shall pay their pro-rata share of the cost of the signal(s) as determined by City staff.

5.        DESIGN REQUIREMENTS

           A.      Residential Development

              1.       Building Design

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

1)        Front access garages must be set back a minimum of five (5) feet                            from the attached primary structure or the front building line.

2)        Rear garages must be setback a minimum of twenty (20) feet from an                     alley or rear access drive.

3)        Side entrance garages may be in line with or off set from the primary                       structures front      setback provided the garage has front facade                            windows.

4)        Homes with covered front porches of a minimum fifty (50) square                          feet may have front access garages setback in line with the porch or                  five (5) feet forward of the porch.                 

                        b.       The distance between any principal building and accessory building shall be                                             a minimum of ten (10) feet.

              2.       Additional Design Features 

a.      All buildings shall utilize at least three of the following design features to provide visual relief along all elevations of the building:

1)       Dormers

2)      Gables

3)      Recessed entries

4)      Covered porch entries

5)      Cupolas

6)      Pillars or posts

7)      Bay window (minimum 12 inch projections)

8)      Eaves (minimum 6-inch projections)

9)      Repetitive windows with minimum 4-inch trim.

     B.      Commercial Town Center Design

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

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

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

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

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

a.       Corner building entrances on corner lots.

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

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

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

C.      Exterior building materials contribute significantly to the visual impact of a building on the community. They shall be well designed and integrated into a comprehensive design style for the project. The total exterior wall area of front 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.

 

                    4.        Sides and rear of building shall be finished at a minimum with textured stucco and                                         some integration of the front elevation materials and design.

 

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

6.        MISCELLANEOUS CONDITIONS

           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Unit Develop­ment Conditions.  Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Unit 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 Unit 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 Code of Ordinances, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE #:001-1-010407                                                                                              EXHIBIT B

(Previous 074-1-100605)

 

Legal Description

 

PARCEL NO. 1:

That part of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 15 lying East of the abandoned right of way of the Seaboard Coast Line Railroad, less the East 25 feet thereof; the South 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 15, [less the right of way of State Road No. 33], less the West 25 feet thereof and less the following described parcel: Begin at a point on the Westerly line of the right of way of State Road No. 48, a distance of 130 feet West of the Southeast corner of said Southwest 1/4, run thence South 89°51'30" West along the South line of said Southwest 1/4 a distance of 150 feet; thence North 0°10'50" East 200 feet; thence East to the Westerly line of the right of way of State Road No. 48; thence Southerly along the Westerly line of said right of way to the point of beginning; That part of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 21 lying East of the abandoned right of way of the Seaboard Coast Line Railroad; The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 22 [lying North of the Northerly line of the right of way of Sate Road No. 48], less the East 25 feet thereof and less the abandoned right of way of the Seaboard Coast Line Railroad; And that part of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 22, lying North of the Northerly line of the right of way of Sate Road No. 48, less the West 25 feet thereof; all in Township 20 South, Range 24 East, in Lake County, Florida.

 

The NW ¼

Parcel No. 2:

 of the Northwest 1/4 of Section 22, Township 20 South, Range 24 East, Lake County, Florida, described as follows: From the Southwest corner of Section 15, Township 20 South, Range 24 East, Lake County, Florida, run thence South 00 degrees 04'33" West along the West line of said Section 22 a distance of 95.51 feet to a point on the Southeasterly right of way line of the Atlantic Coast Line Railroad, said point being 60.00 feet from, when measured at right angles to, the centerline of said Railroad, said point also being the point of beginning of this description. From said point of beginning run North 44 degrees 49'21" East along said right of way line, parallel with and 60.00 feet from, when measured at right angles to, the centerline of said Railroad, a distance of 134.58 feet to a point on the South line of the Southwest 1/4 of said Section 15; thence run North 89 degrees 58'03" West along the South line of the Southwest 1/4 of said Section 15, a distance of 42.27 feet to a point on the Southeasterly right of way line of said Railroad, said point being 30.00 feet from, when measured at right angles to, the center line of said Railroad. Said point also being South 89 degrees 58'03" East, measured along the South line of the Southwest 1/4 of said Section 15, a distance of 52.47 feet from the Southwest corner of said Section 15; from said point run thence South 44 degrees 49'21" West, 30.00 feet from, when measured at right angles to, the centerline of said Railroad to a point on the West line of Northwest 1/4 of said Section 22, said point being 47.755 feet South 00 degrees 04'33" West of the Northwest corner of the Northwest 1/4 of said Section 22; thence run South 00 degrees 04'33" West along the West line of the said Northwest 1/4, a distance of 47.755 feet to the point of beginning.

 

 


Conceptual Plan