The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property to amend the existing PDO (Planned Development Overly) district to reduce the side setbacks, to increase the number of stories for the building from 8 stories to 9 stories (height to remain unchanged at 92 feet) and reduce the overall acreage from approximately 30.82 to 29.02 acres.
The project site is approximately 29 acres. The property is generally located west of Lake Street, south of Dixie Avenue, and north of Lake Harris, as shown on the attached General Location Map. The present zoning for this property is R-3 (High Density Residential) with a PDO (Planned Development Overlay) district. Currently, the property is undeveloped and the proposed use is residential use under the existing PDO (Planned Development Overlay) district. The surrounding zoning designations are City R-3 (High Density Residential), R-2 (Medium Density Residential) and a PUD (Planned Unit Development) district.
The proposed zoning district amendment to the existing PDO (Planned Development Overlay) district is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of City Estate. The requested change in the number of stories is due to the addition of parking under the buildings and does not change the approved 92 foot height of the buildings. The buildings as proposed on the revised site plan will be located further from Lake Harris and will actually appear lower than previously proposed.
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.
1. Approve the proposed rezoning to amend the existing City PDO (Planned Development Overly), 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.
There is no fiscal impact to the City.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE ZONING OF APPROXIMATELY 29 ACRES GENERALLY LOCATED WEST OF LAKE STREET, SOUTH OF DIXIE AVENUE, AND NORTH OF LAKE HARRIS, LYING IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY PDO (PLANNED DEVELOPMENT OVERLAY) TO AMENDED PDO (PLANNED DEVELOPMENT OVERLAY), 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:
Based upon the petition of Leesburg Development, 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 PDO (Planned Development Overlay) to amended PDO (Planned Development Overlay), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit B for Legal Description)
Alternate Key Number 2582154
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
CASE #: 060-1-092007 EXHIBIT A
LEESBURG DEVELOPMENT, LLC
PLANNED DEVELOPMENT OVERLAY AGREEMENT
ORIGINAL PLANNING COMMISSION APPROVAL SEPTEMBER 9, 2004
ORIGINAL AMENDED CITY COMMISSION APPROVAL NOVEMBER 8, 2004
AMENDED BY PLANNING COMMISSION SEPTEMBER 20, 2007
This Planned Development Overlay Agreement for a (PDO) zoning district is granted by the City of Leesburg Planning and Zoning Commission, Lake County, Florida to Leesburg Development, LLC "Permittee" for the purposes and terms and conditions as set forth herein pursuant to authority contained in Chapter 4 "Zoning", Section 4.12 "Planned Development Process" of the City of Leesburg Land Development Code, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a Planned Development Overlay zoning district to allow construction of a proposed multilevel condominium residential development consisting of a maximum of 189 individual attached units on approximately 29.02 acres located southwest of the intersection of Dixie Avenue and Lake Street, North of Lake Harris, on a site within the City of Leesburg in accordance with their PDO application and supplemental information.
1. PERMISSION is hereby granted to Leesburg Development, LLC to construct, operate, and maintain a Planned Development Overlay (PDO) zoning district in and on real property in the City of Leesburg. The property is generally located southwest of the intersection of Dixie Avenue and Lake Street, North of Lake Harris. The property is more particularly described as follows:
See attached legal Exhibit B.
2. LAND USE
The above-described property, containing approximately 29.02 acres, shall be used for multilevel condominium single-family attached residential uses, pursuant to City of Leesburg development codes and standards.
A. Residential Development
1. The project shall contain a maximum of 189 single-family attached units on approximately 29.02 acres at a gross density not to exceed 6.2 units per acre.
2. The minimum development standards shall be those required for the R-3 High Density Residential district except as amended by this agreement.
3. In order to comply with the diversity of housing required by City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2, thirteen (13) percent of the housing units shall provide for living areas of 1,000 to 1,200 square feet.
4. The external architecture of the buildings at a minimum shall incorporate the same design elements of the elevation submitted as Exhibit C. Variations with similar characterizes may be approved by the Planning Manager.
5. City staff as part of the preliminary plat approval process shall approve final site standards in accordance with the approved conceptual site plan.
6. The following minimum yard setbacks shall be maintained:
Front setback –100 feet;
Rear setback –50 feet; and
Side setbacks – minimum 110 feet on each.
7. Minimum distance between structures shall be 30 feet; measured from building wall to building wall.
8. Accessory structures shall have a minimum rear setback of 50 feet and side setback of 100 feet.
9. Impervious surface coverage shall not exceed 35 percent.
10. Maximum building height shall not exceed nine (9) stories or 92 feet except for additional height approved by staff for roof, elevators, a/c units etc.
11. Recreational Vehicle (RV) and boat storage areas for residents shall be permitted and shall be appropriately buffered and screened in accordance with the City of Leesburg Land Development Code.
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 Land Development Code (as amended) and adopted Growth Management Plan (as amended).
2. The Planned Development shall provide accessibility from all areas to any proposed recreational facilities.
3. Recreational uses shall include, but not be limited to the following uses:
a. Satellite recreational centers, clubhouses within the residential areas
b. Tennis courts
c. Swimming pools
d. Shuffle board
e. Jogging path / Pedestrian path
g. Horse shoes
i. Softball fields
j. Exercise rooms
k. Wood shop
l. Craft room
m. Media room
n. Card room
o. Billiards room
q. Dressing room
r. Computer room
s. Boat docks – twelve slips total
4. The developer shall dedicate an easement for a walkway along the lake and construct a board walk in that easement for public access.
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 PDO 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 plat application.
2. Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.
3. Wetlands shall have a minimum upland buffer of 25 feet or the upland buffer established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive. All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.
4. Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.
5. If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.
6. A wildlife 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 plat 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.
E. Development Phasing
1. The proposed project may be constructed in phases in accordance with the Conceptual Master Development Plan (attached Exhibit D). Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Development review process.
2. Construction of the Planned Development shall substantially commence within 18 months of approval of this Planned Development Agreement or it shall become null and void. In the event, such use has commenced, but for any purpose ceases for a period of 12 months, then this permit shall be null and void.
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.
H. 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.
4. TRANSPORTATION IMPROVEMENTS
A. All transportation improvements shall be based on a current traffic analysis and shall be contingent upon site plan approval by City staff during the development review and permitting process.
B. Primary vehicular access to the project site shall be provided by Lake Street with a possible secondary access as determined by staff during site plan review (this access maybe required only for emergency access). Other potential accesses such as to the north will be reviewed during the Development Review Committee process.
C. The Permittee shall provide all necessary improvements / signalization within and adjacent to the development including the intersection of Lake Street and Dixie Avenue as required by Florida Department of Transportation, Lake County and City of Leesburg. Improvements to Lake Street are required, including sidewalk and street construction, in conformance with City standards. Improvements are required to the existing 90° bend, as directed by the City of Leesburg.
D. All roads within the development shall be designed and constructed to meet the City of Leesburg requirements.
E. Sidewalks shall be provided on one side of the primary road in to the site. 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.
G. The Permittee shall be responsible for obtaining all necessary FDOT or Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to preliminary plat approval.
H. 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.
I. 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 and FDOT requirements.
J. 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.
K. At such time that traffic improvements are required at the intersection of Lake Street and Dixie Avenue and the proposed project entrance, the City shall determine based on any additional development on the east side of Lake Street any developers payment of pro-rata sharing of the cost of the improvements.
5. MISCELLANEOUS CONDITIONS
A. The uses of the proposed project shall only be those uses identified in the approved Planned Development Agreement. 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 PDO 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 established by this PDO Agreement 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. This PDO Agreement 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.
LEGAL DESCRIPTION: Exhibit B
BEGIN at the Southeast corner of Tract B of LRMC Professional Office Subdivision, as recorded in Plot Book 38, Page 42 of the Public Records of Lake County, Florida, said corner lying on the west right-of-way line of Lake Street; thence South 00°21'48" East along said West right-of-way line a distance of 1,416 feet, more or less, to the shoreline of Lake Harris; thence Northwesterly along the shoreline of Lake Harris on the following courses: North 82°06'57" West a distance of 19.97 feet, thence North 71°37'07" West a distance of 33.56 feet; thence North 84°35'47" West a distance of 33.39 feet; thence North 79°34'36" West a distance of 40.93 feet, thence North 74°23'51" West a distance at 40.12 feet; thence South 83°44'45" West a distance of 34.82 feet; thence North 85°59'24" West a distance of 22.61 feet; thence North 77°02'51" West a distance of 60.23 feet; thence South 87°46'10" West a distance of 29.48 feet; thence North 79°46'51" West a distance of 26.06 feet; thence South 89°36'24" West a distance of 56.83 feet; thence North 82°45'35" West a distance of 23.13 feet; thence North 85°04'16" West a distance of 49.01 feet; thence North 75°48'21" West a distance of 50.16 feet; thence North 60°24'17" West a distance of 32.65 feet; thence North 27°27'31" West a distance of 13.22 feet; thence North 08°03'08" East a distance of 44.17 feet; thence North 22°01'09" West a distance of 64.27 feet; thence North 46°26'05" West a distance of 54.35 feet; thence North 61°59'46" West a distance of 22.12 feet; thence North 17°43'04" West a distance of 91.83 feet; thence North 62°56’55" west a distance of 133.30 feet; thence North 39°11'37" West a distance of 64.34 feet; thence North 48°56'49" West a distance of 56.24 feet; thence North 28°17'03" West a distance of 64.03 feet; thence North 48°56'07" West a distance of 48.16 feet; thence North 25°55'00" West a distance of 38.63 feet; thence North 05°17'04” West a distance of 26.89 feet; thence North 26°00’57" West a distance of 60.35 feet; thence North 33°04'03" West a distance of 58.18 feet; thence North 20°45'08" West a distance of 33.92 feet; thence North 43°01'03" West a distance of 31.55 feet; thence North 11°50'26" East a distance of 70.40 feet; thence North 12°07'37" West a distance of 59.93 feet; thence North 05°28'18" West a distance of 48.11 feet; thence North 12°46'56" West o distance of 39.83 feet; thence North 27°01'02" West a distance of 61.21 feet; thence North 20°38'30" West a distance of 61.00 feet; thence North 30°26'08" West a distance of 100.92 feet; thence North 46°53'20" West a distance of 35.65 feet; thence North 35°48'46" West a distance of 29.86 feet; thence North 22°18'35" West a distance of 55.54 feet; thence North 34°51'18" West a distance of 64.79 feet; thence North 23°01'01" West a distance of 65.84 feet; thence departing said shoreline North 00'00'00" East a distance of 1,261 feet, more or less, to the POINT OF BEGINNING.
Containing 29.02 acres, more or less.
Conceptual Plan Exhibit B