The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County A (Agriculture) to City PUD (Planned Unit Development).
The project site is approximately 103 acres. The property is generally located east of County Road 48, north of Austin Merritt Road, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed uses are a single-family mixed use residential development consisting of single-family, townhomes and neighborhood commercial uses. The surrounding zoning designations are County zoned A (Agriculture) and with the City R-2 (Medium Density Residential).
The proposed zoning district of PUD (Planned Unit Development) is compatible with adjacent and nearby properties in the area and with the proposed City future land use designation of Estate Residential.
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 6 to 0, the Planning Commission voted to not make a recommendation.
1. Approve the proposed rezoning to add the 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.
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, REZONING APPROXIMATELY 103 ACRES GENERALLY LOCATED EAST OF COUNTY ROAD 48, NORTH OF AUSTIN MERRITT ROAD , LYING IN SECTION 32, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD (PLANNED UNIT DEVELOPMENT)., SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (ZELLWOOD PROPERTIES, LLC)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of Zellwood Properties, 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 to add a County A (Agriculture) to City PUD (Planned Unit Development).zoning district, subject to conditions contained in Exhibit A, to-wit:
(See Exhibit A for Legal Description)
Alternate Key Number: 1035449
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.
THE CITY OF LEESBURG
CASE #:077-1-120607 EXHIBIT A
ZELLWOOD PROPERTIES, LLC
REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
DECEMBER 6, 2007
This Planned Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Zellwood Properties, LLC "Permittee" for the purposes and subject to the terms and conditions as set forth herein pursuant to authority contained in Chapter 25 Zoning, Section 25-278 Planned Developments of the City of Leesburg Code of Ordinances, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a PUD (Planned Unit Development) zoning district to allow construction of a proposed single-family mixed use residential development consisting of approximately 300 residential units (148 single-family and 152 townhomes) with 30,000 sq. ft. of neighborhood commercial support services on approximately 103 acres located east of County Road 48, north of Austin Merritt Road, on a site within the City of Leesburg in accordance with their PUD application and supplemental information.
1. PERMISSION is hereby granted to construct, operate, and maintain a Planned Development in and on real property in the City of Leesburg. The property is more particularly described as follows:
See attached legal Exhibit B.[FAM1]
2. LAND USE
The above-described property shall be used for single-family mixed use residential development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated October 19, 2007 as follows:
A. Residential Development
1. The project shall contain approximately 300 residential units (148 single-family and 152 townhomes) on approximately 97.38 acres at a gross density of 3.0 units per gross acre.
2. The minimum lot sizes shall be approximately 14,500 square feet for single-family detached units and the townhomes shall be as shown on the Conceptual Plan.
3. For single-family detached units the minimum lot widths shall be 100 feet and the minimum lot depths shall be 145 feet. Townhomes shall be as shown on the Conceptual Development Plan.
4. The following minimum yard setbacks shall be maintained for single-family units:
Front setback – 25 feet single-family detached and 20 feet townhouses;
Rear setback – 25 feet single-family detached and 15 feet townhouses;
Side setbacks - 10’ feet per side except for attached townhouses units which may have one zero lot line where units are attached.
5. Minimum distance between structures shall be 10 feet; measured from building wall to building wall and the roof overhang shall not exceed two feet.
6. Accessory structures shall have a minimum rear and side setback of 5 feet and shall not occupy more than 30 percent of the required rear yard.
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 60 percent for detached single-family residential and 70 percent for townhomes uses. Other types of development may exceed this percentage; however, the overall project shall maintain open space of 30 percent.[FAM2]
9. Maximum building height shall not exceed two and one-half (2½) stories or 30 feet.
10. Permitted Uses:
a. Single-family detached and attached (townhouse) dwellings;
b. Accessory structures;
c. Temporary [FAM3]modular sales center and construction office until completion project.
d. All residential units shall be developed through a subdivision plan or condominium instruments.
11. In order to comply with the diversity of housing required by the City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2, projects shall incorporate the following requirements:
a. In order to provide a balance of housing types, more than one type of housing shall be provided such as single-family detached and attached dwellings etc. with each having a minimum of ten (10) percent of the total project except where new urbanism design communities are approved by City staff.
B. Commercial Development
1. The Neighborhood Commercial Center area of approximately 5.67 acres shall be situated adjacent to C.R. 48 and adjacent to the main east/west access. Access to C.R. 48 shall be restricted with primary internal access from the main access road. Final determination of the access to C.R. 48 will be reviewed during Site Plan approval process. Final determination and location of the commercial area 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 (Neighborhood Commercial) Zoning District in the City of Leesburg Land Development Code (as amended) and shall also be consistent with the City of Leesburg adopted Growth Management Plan (as amended).
3. The minimum development standards shall be those of the C-2 (Neighborhood Commercial) Zoning District of the Land Development Code. Lot sizes and setbacks may be adjusted by staff during the site plan review process.
4. Maximum impervious surface ratio for commercial shall not exceed 80 percent of the site.
5. Maximum building height shall not exceed two and one-half (2½) stories or 40 feet. .
6. 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).Minimum buffer width shall be 10 feet.
7. Access to the commercial development areas shall be from internal roadways, only.
C. Recreational Development
1. Recreational development provided on the site shall include active and passive uses, as well as enclosed or un-enclosed recreational space, devoted to the common use of the residents. Such recreation space shall consist of not less than 60,000 square feet (two hundred (200) square feet of space per dwelling unit). In computing usable recreation space, the following items may be considered at one and twenty-five hundredths (1.25) times the actual area.
a. Recreational activities such as play grounds, basket ball, tennis and hand ball courts, etc.
b. Developed recreational trails which provide access to the public trail system.
c. Swimming pool, including the deck area which normally surrounds such pools.
d. Indoor recreation rooms provided such rooms are permanently maintained for the use of residents for recreation.
2. Required stormwater areas and buffer areas shall not be considered as recreational space except for any areas developed as recreational trails which provide access to the public trail system.
3. Within the community sidewalks or trails or a combination thereof shall be provided throughout the community to provide pedestrian access from all residences to all amenities.
4. Recreational vehicle parking shall be restricted through deed restrictions/covenants etc. which shall prohibit unenclosed parking within the development unless an approved designated area is provided. If provided, the area shall be buffered and final location will be determined by staff as part of the site plan approval process.
D. The commercial use of a sales office and/or model center shall be a permitted use as long as it is specifically related to the PUD residential development of the site.
E. Open Space and Buffer Areas
1. All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by St. Johns River Water Management District and/or U.S. Army Corp of Engineers. Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plan application.
2. Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.
3. Wetlands shall have a minimum upland buffer as established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive. All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.
4. Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.
5. If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.
6. A wildlife/historical/archaeological management plan for the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The management plan shall be submitted to the City as part of the preliminary plan application. The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan.
7. To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association. The conservation easement shall require that the wetlands be maintained in their natural and unaltered state. Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.
8. Landscaping of the required buffer areas shall be as follows:
For each one hundred (100) linear feet, or fraction thereof, of boundary, the following plants shall be provided in accordance with the planting standards and requirements of the Land Development Code.
a. Two (2) canopy trees
b. Two (2) ornamental trees
c. Thirty (30) shrubs
d. The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.
e. Existing vegetation in the required buffer shall be protected during construction.
f. Variations to the landscape requirements may be approved by the Planning and Zoning Manager as long as the intent of the PUD is maintained.
F. Development Phasing
1. The proposed project may be constructed in phases in accordance with the Planned Unit Development Conceptual Plan. Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Unit Development review process.
2. Implementation of the project shall substantially commence within 24 months of approval of this Planned Development. In the event, the conditions of the PUD have not been implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the property to RE-1 (Estate Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions.
3. STORMWATER MANAGEMENT / UTILITIES
Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg. Water, wastewater and natural gas services will be provided by the City of Leesburg. Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:
A. A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.
B. A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.
C. A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.
D. The 100-year flood plain shown on all plans and lots.
E. The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.
F. A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.
G. A detailed site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Land Development Codes.
H. Developer shall bear all responsibility, financial and otherwise, for the construction and installation of utility infrastructure and other improvements related to the use and development of the property including such off site improvements required by the City, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction.
I. Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.
4. TRANSPORTATION IMPROVEMENTS
A. Vehicular access to the project site shall be provided by two primary access points one from C.R. 48 adjacent to the west and one from the adjacent property to the east. If this site is developed prior to the availability of the access to the adjacent property to the east, an additional access will be required on C.R.48. The primary access shall be through a divided boulevard type road for the entrance from C.R.48. Actual location and design of the access shall be determined during the site plan review process and shall include consideration of sidewalks, recreation paths etc. Other potential vehicular and pedestrian accesses will be reviewed during the development review process including a north and south connection.
B. The Permittee shall provide all necessary improvements/paving/right-of-way/signalization within and adjacent to the development as required by Lake County and City of Leesburg.
C. All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements.
D. Sidewalks shall provide cross connections to all recreation and residential areas. Internal road rights-of-ways shall be of sufficient width to contain the sidewalk. All sidewalks shall be constructed in accordance with City of Leesburg Codes.
E. The Permittee shall be responsible for obtaining all necessary Lake County and City of Leesburg permits and a copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.
F. The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements unless specifically accepted by formal action of the City Commission. The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.
G. A traffic/transportation study shall be submitted prior to site plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.
H. At the time of site plan approval, the Permittee shall become responsible for their pro-rata share of the cost of the signal(s) as determined by the County, City staff and the traffic study submitted therewith.
I. 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.
5. DESIGN REQUIREMENTS
A. Residential Development
1. Building Design
a. 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) Side entrance garages may be in line with or off set from the primary structures front setback provided the garage has front facade windows.
3) Homes with covered front entrees and/or porches of a minimum fifty (50) square feet may have front access garages setback in line with the porch or off set five (5) feet from the porch.
4) A minimum of two off street parking spaces, including garages, shall be provided for each unit with two or less bedrooms. For units with three or more bedrooms, three off street parking spaces shall be provided, including garages, for each unit. Garages shall be required to be maintained for primarily parking of vehicles both through these conditions and through restrictive covenants. These requirements may be revised for an age restricted community by the Planning and Zoning Manager. On street parking for residents shall be prohibited.
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:
3) Recessed entries
4) Covered porch entries
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 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 Development Conditions. Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Development amendment process.
B. No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes.
C. Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.
D. The transfer of ownership or lease of any or all of the property described in this PUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Development established and agrees to be bound by these conditions. The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Land Development Code, as amended.
E. These PUD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor, and shall be subject to each and every condition herein set out.
F. Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PUD are necessary.
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.
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.
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, RUN S.89°16’18”W., 3756.82 FEET ALONG THE NORTH LINE OF THE SOUTH 1/4 OF SAID SECTION 32 TO THE SOUTHEASTERLY RIGHT-OF-WAY OF STATE ROAD No. 48; THENCE N.27°38’30”E.. 1749.56 feet along said right-of-way line; thence N.82°47’54”E., 391.58 FEET; THENCE S.74°55’38”E., 666.14 FEET; THENCE S.60°19’25”E., 657.18 FEET; THENCE N.78°21’18”E., 1346.90 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 32, THENCE S.0°49’29”E., 1324.21 FEET ALONG THE EAST LINE OF THE SAID QUARTER- QUARTER TO POINT OF BEGINNING; BEGIN A 102.5 ACRE TRACT WHICH INCLUDES A 98 ACRE GROVE. (ORB 3095, PAGE 1479)
Conceptual Development Plan