MEETING DATE:   February 11, 2008


FROM:                       Bill Wiley, AICP, Interim Community Development Director


SUBJECT:                  Ordinance for Rezoning for Tom Grizzard (Penthouses at Beverly Harbors)



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property to add a Planned Development Overlay (PDO) to an R-3 (High Density Residential) zoning district



The project site is approximately 2.5 acres.  The property is generally located at North Shore Drive and Mosswood Drive west of Lake Griffin, as shown on the attached General Location Map. The present zoning for this property is R-3 (High Density Residential). Currently, the property is undeveloped and the proposed uses are condominium single-family residential uses. The surrounding zoning designations are R1-A (Single Family Residential), R-1 (Low Density Residential), R-3 (High Density Residential) and Lake Griffin.        


The proposed zoning district of Planned Development Overlay (PDO) is compatible with adjacent and nearby properties in the area and with the existing High Density Residential City future land use designation.


The existing land uses surrounding the property are single family residential and multi-family residential homes.


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


By a vote of 6 to 0, the Planning Commission voted to not make a recommendation.



1.   Approve the proposed rezoning to add the City Planned Development Overlay (PDO), 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:    2/20/08 1:47 PM____


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 Tom Grizzard (Penthouses at Beverly Harbors), 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 to add a Planned Development Overlay (PDO) to an R-3 (High Density Residential) zoning district, subject to conditions contained in Exhibit A, to-wit:


(See Exhibit B for Legal Description)


Alternate Key Number: 1170834



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                                          , 2008.




By: _________________________________




City Clerk










CASE #:076-1-120607                                                                                                 EXHIBIT A





DECEMBER 6, 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 Tom Grizzard (Penthouses at Beverly Harbors) "Permittee" for the purposes and 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 Land Development Code, as amended.


BACKGROUND:  The "Permittee" is desirous of obtaining a Planned Development Overlay zoning district to allow construction of a proposed single-family condominium residential development consisting of a maximum of 13 individual units on approximately 2.5 acres located at North Shore Drive and Mosswood Drive west of Lake Griffin, on a site with­in the City of Leesburg in accordance with their PDO application and supplemental information.


1.       PERMISSION is hereby granted to Tom Grizzard (Penthouses at Beverly Harbors) 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 at North Shore Drive and Mosswood Drive west of Lake Griffin. The property is more particularly described as follows:



          See attached legal Exhibit B.


2.        LAND USE

The above-described property, containing approximately 2.5 acres, shall be used for condominium single-family residential uses, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

 1.       The project shall contain a maximum of 13 single-family units on approximately 2.5 acres at a gross density not to exceed 5.2 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.       The external architecture of the buildings at a minimum shall incorporate the design elements of the elevation submitted with the Conceptual Plan. Variations with similar characterizes may be approved by the Planning Manager.


        4.       City staff as part of the preliminary plat approval process shall approve final site standards in accordance with the approved conceptual site plan.


5.       The following minimum site setbacks shall be maintained for the development:


            Front setback –20 feet from North Shore Dr.;

            Rear setback –0 feet; and 25 feet detached

            Side setbacks – minimum 10 feet from detached and residential areas to the                                 north and south.


                     6.       Minimum distance between detached structures shall be 20 feet; measured from building wall to building wall.


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


                    8.       Impervious surface coverage shall not exceed 65 percent for the development.

         9.       Maximum building height shall not exceed three (3) stories or 40 feet. 

B.      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.

C.      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 setback from any wetland jurisdiction boundary as required by St. Johns River Water Management District.

  3.       Land uses allowed within the upland buffers are limited to uses permitted by St. Johns River Water Management District.

        4.       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.

        5.       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. 

        6.       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.

      D.    Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Conceptual Master Development Plan. 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 24 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.



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 review 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 Beverly Harbor Dr. with a secondary access from Regency Ct. 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 are required, including sidewalk and street construction, in conformance with City standards.

           D.      Any new roads required for the development shall be designed and constructed to meet the City of Leesburg requirements.

           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 preliminary plat approval.

           F.      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.

           G.      Any issues with regard to easement access to adjacent properties shall be resolved and reviewed by the City Attorney prior to the approval of the preliminary subdivision plan.



           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.




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.





























Exhibit B

Legal Description








Exhibit C

Conceptual Development Plan