Meeting Date:           January 14, 2008


From:                          Bill Wiley, AICP, Interim Community Development Director


Subject:                      Ordinance for Rezoning for Hawthorne Residential Cooperation       Association, Inc.



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County R-6 (Urban Residential District) and A (Agriculture) to PUD (Planned Unit Development).



The project site is approximately 68 acres.  The property is generally located north of C.R. 48 and east of U.S. Hwy 27, as shown on the attached General Location Map. The present zoning for this property is County R-6 (Urban Residential District) and A (Agriculture). Currently, the property is undeveloped and the proposed use is a commercial/residential mixed use development. The surrounding zoning designations are County A (Agriculture), R-6 (Urban Residential District) and RM (Mixed Home Residential).


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


The existing land uses surrounding the property are single family residential and undeveloped property.


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


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



1.         Approve the proposed rezoning to City PUD (Planned Unit Development), thereby allowing consistent zoning and development standards for the area.

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


Fiscal Impact:

There is no fiscal impact to the City.



Submission Date and Time:    1/10/08 9:47 AM____


Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     




Revised 6/10/04


Reviewed by: Dept. Head ________


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________












































Section 1


Based upon the petition of Hawthorne Residential Cooperation Association, Inc. the owner of the property hereinafter described, which petition has heretofore been approved by the City Commission of the City of Leesburg Florida, pursuant to the provisions of the Laws of Florida, the said property located in Lake County, Florida, is hereby rezoned from County R-6 (Urban Residential District) and A (Agriculture) to PUD (Planned Unit Development) subject to conditions contained in Exhibit A, to-wit:


Legal Description

(See Exhibit B)


Alternate Key Numbers: 1038405, 2841508 & 2841516 



Section 2.   


This ordinance shall become effective upon its passage and adoption, according to law.


PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                            day of                                          , 2007.






By: _________________________________






City Clerk





CASE #:049-1-080907                                                                                                 EXHIBIT A




SEPTEMBER 20, 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 Hawthorne Residential Cooperation Association, Inc. "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 maximum of 159,990 sq. ft. in residential assisted facilities and commercial development consisting of a maximum of 240,330 sq. ft. on approximately 68 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 Hawthorne Residential Cooperation Association, Inc. 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:



          See attached legal Exhibit B.


2.        LAND USE

The above described property, containing approximately 68 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 maximum gross density for the residential assisted units shall not 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.       A minimum yard setback shall be maintained for buildings with residential assisted units of fifty (50) feet from all road right-or-ways and easements bounding the project area.


                    3.       Minimum distance between structures shall be 30 feet; measured from building wall to building wall.


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


                    5.        Accessory structures shall have a minimum rear and side setback of 20 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.


        6.       City staff as part of the plan approval process shall approve final lot sizes and setbacks based on the general intent of the PUD design


        7.       Impervious surface coverage shall not exceed 50 percent with open space of a minimum of 50 percent.


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

         9.       Permitted Uses:

  a.       Residential assisted units (ACLF and Nursing Home) attached;          

  b.       Accessory structures;

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


B.     Recreational Development

         1.      Recreational development provided on the site shall include active and passive uses, as well as enclosed or un-enclosed recreational space, devoted to the common use of the residents. Such recreation space shall consist of not less than two hundred (200) square feet of space per dwelling unit. In computing usable recreation space, the following items may be considered at one and twenty-five hundredths (1.25) times the actual area.

                  a.      Recreational activities such as play grounds, basket ball, tennis and hand ball                             courts, etc.

                  b.      Developed recreational trails which provide access to the public trail system.

                  c.      Swimming pool, including the deck area which normally surrounds such pools.

d.      Indoor recreation rooms provided such rooms are permanently maintained for the use of residents for recreation.

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

  3.       Recreational areas totaling approximately one acre 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, if applicable, 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.      In addition, the development shall dedicate a twenty-five (25) foot tract of land to the City adjacent to CR-48 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.

C.      Commercial, Office and Community Facilities

                     1.      Town designed Commercial Center area of approximately 104,330 sq. ft shall be situated at the northern center of the development. 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 below:

§      Restaurant, General

§      Professional Office

§      Medical Services / Facilities

§      Retail, General

§      Storage Area

§      Salon/Barber Shop

                     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 8.0 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.

         9.      The approximate 75,000 sq. ft. of commercial development shall be located in the eastern and western entrances to the development, and shall be accessed through the internal roadways of the development and shall have designs compatible and similar to the town center concepts. In addition, they shall be properly screened from residential areas with a buffer in accordance with the City of Leesburg Land Development Code (as amended).           

            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 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.       A one hundred (100) foot wide vegetative landscaped buffer shall be required along the east and west boundaries and a sixty-seven (67) foot wide buffer shall be required along the south boundary of the development. In addition, a four hundred (400) foot wide vegetative landscaped buffer shall be required along the north boundary of the development. Along C.R. 48 adjacent to the accesses where the commercial buildings are located, a thirty (30) buffer/setback for buildings shall be required. This buffer shall require a landscape berm unless there is an existing naturally heavily wooded area. Buffer widths may be reduced by the Planning and Zoning Manager if a wall is used as a buffer. Buffers shall retain existing healthy trees, shrubs and ground cover and shall include additional plantings where needed as provide in D.9 below.

                  a.        The property boundary lines adjacent to the single family residence to the south, in addition, shall have an eight (8) foot decorative solid fence or wall with landscaping. The exact design and location of the wall shall be determined during the site plan review process.


        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.


f.        Variations to the landscape requirements may be approved by the Planning and Zoning Manager as long as the intent of the PUD is maintained.  

            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. 


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

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

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

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

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

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

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

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

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

           I.       Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.


           A.      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 Royal Palm Drive to the west and two on C.R.48 to the south. The Royal Palm Drive shall be a controlled restricted access for residents of the Hawthorne Subdivision. The two C.R.48 accesses shall be through public divided boulevard type accesses. In addition, the commercial parcels along C.R.48 shall provide cross accesses to the adjacent parcels to the east and west. Actual locations and design of the accesses 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 east and northwest will be reviewed during the development review process. 

           C.      The Permittee shall provide all necessary improvements/paving/right-of-way/signalization within and adjacent to the development as required by FDOT, 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 FDOT and 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.      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.

           I.       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.


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

                    1.       Dormers

                    2.       Gables

                    3.       Recessed or raised entries

                    4.       Covered porch entries

                    5.       Cupolas

                    6.       Pillars or decorative posts

                    7.       Bay window (minimum 12 inch projections)

                    8.       Eaves (minimum 6-inch projections)

                    9.       Off-sets in building face or roof (minimum 16- inch trim).

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

B. 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.


           C.      Design of the project shall comply with the intent of Sec. 25-288 Commercial uses (m)   Retail--Large commercial design standards of the Land Development Code.


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


           A.      The uses of the proposed project shall only be those uses identified in the approved Planned 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.




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.

           A.      Utilities


                    1.        Projected Capacities


a.   The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant. The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance.


b.   The development will require construction of new distribution mains, since existing facilities in the service area are not adequate.  Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction. Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications.


c.   The City is in the process of Consumptive Use Permit renewal. The application provides for anticipated demands due to this and other potential development    


          B.      Commitment of Capacity


  There are no previous commitments of any existing or planned excess capacity.


C.      Ability to Provide Services


 1.        The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future.


 2.        The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process.  Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development.


3.        The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements.


















CASE #:049-1-080907                                                                                             Exhibit B


Legal Description
























                                        Conceptual Development Plan                                     Exhibit C