AGENDA MEMORANDUM

 

 

MEETING DATE:   March 24, 2008

 

FROM:                       Bill Wiley, AICP, Interim Community Development Director

 

SUBJECT:                  Ordinance for Rezoning - Arlington Ridge     

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-1 (Low Density Residential) with a Conditional Use to City PUD (Planned Unit Development).         

 

Analysis:

The project site is approximately 500 acres.  The property is generally located west of U.S. 27, south of the intersection of U.S. 27 and C.R. 48, as shown on the attached General Location Map. The present zoning for this property is City R-1 (Low Density Residential) with a Conditional Use.  Currently, the property is a mixed use single family age restricted subdivision, and the proposed use is continuation of the mixed use single family age restricted subdivision. The surrounding zoning designations are City CIP (Commercial Industrial Planned), C-3 (Highway Commercial) and R-3 (High Density Residential) to the north, County PUD (Planned Unit Development) and M-1 (Industrial) to the south,  City C-3 (Highway Commercial), R-1-A (Single Family Residential) and C-1 (Neighborhood Commercial) to the east, and City P (Public), County LC Heavy Industrial, LC Planned Industrial District, LC Industrial  to the west. The purpose of the rezoning is to remove the old zoning and replace it with a PUD district and to also alleviate some setback encroachments on approximately seventy-five lots for existing homes due to lay out errors. The homes were previously designed to exactly fit on the lots with the minimum setbacks required. Models have since been redesigned to alleviate any future problems.  

 

Since a Conditional Use is no longer a use in the R-1 (Low Density Residential) district and since the future land use designation of LD (Low Density) requires a Planned Development to allow mixed uses in a residential district, the proposed zoning of the property would bring this property in to compliance with the Land Development Code and the Growth Management Plan.

 

The existing land uses surrounding the property are undeveloped, recycling, light industrial, single family residential and commercial uses.

 

The property has been connected to City utilities at the owner’s expense.

 

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

 

 

 

Options:        

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

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

 

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    4/9/08 6:29 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP  Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                     

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 500 ACRES GENERALLY LOCATED WEST OF U.S. 27, SOUTH OF THE INTERSECTION OF U.S. 27 AND C.R. 48, LYING IN SECTIONS 14, 22, 23 AND 24, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-1 (LOW DENSITY RESIDENTIAL) WITH A CONDITIONAL USE TO CITY PUD (PLANNED UNIT DEVELOPMENT)., SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (ARLINGTON RIDGE, LLC)

 

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

 

Section 1

 

Based upon the petition of Arlington Ridge, 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 City R-1 (Low Density Residential) with a Conditional Use to City PUD (Planned Unit Development).zoning district, subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

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.

 

 

THE CITY OF LEESBURG

 

 

By: _________________________________

            Mayor

ATTEST:

 

 

 

___________________________________

City Clerk

 

 

 

 

 

 

 

CASE#:009-1-020808                                                                                            Exhibit A           

(Previously 066-5-101002

and 005-1-010605)

         

ARLINGTON RIDGE LLC

REZONING TO PUD (PLANNED UNIT DEVELOPMENT)

PLANNED DEVELOPMENT CONDITIONS

FEBRUARY 21, 2008

 (Amended October 13, 2003 by Community Development District Ordinance #03-94)

 

This Planned Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Arlington Ridge 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 and as set forth in the STIPULATED SETTLEMENT AGREEMENT dated November 13, 2000

 

BACKGROUNDThe "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 a maximum of 1,196 of dwelling units, on a 500+/- acre 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:

 

          LEGAL DESCRIPTION:

          See attached legal Exhibit B.[FAM1] 

 

2.        GENERAL

 

A.            A combination of wall, fencing and/or landscaped berms may be developed along the project’s U.S. 27 frontage.  Entrance monument signs identifying the project shall be located on each side of the entranceway.  The maximum area of the entrance monument signs shall be 175 square feet each for a total of 350 square feet. An existing billboard with sign faces of 467 sq. ft. located along U.S. 27 on the site may be used for a temporary project sign. The size of the existing, permitted billboard sign shall not increase, nor its location change.  The duration of approval for the temporary project development billboard sign shall be eight (8) years or upon receiving certificates of occupancy for 95% of the residential units, whichever occurs first. At the end of this period the referenced sign shall be removed. 

 

          


B.       Temporary Sales Center 

 

                    A temporary modular sales center shall be permitted to be located within the limits of

                    parcel D, as shown on the PUD Master Plan, attached as Exhibit B dated 7/31/02, as                                   amended per this permit.

          

C.       Model Center

                                                                         

                   A model center may be constructed within each development parcel. Each model         center may consist of up to six (6) units.                                                              

 

3.        LAND USE

 

The above-described property, containing 500+/- acres, shall be used for a single family development and golf course community with associated uses pursuant to City of Leesburg development codes and standards.

 

  The following is the Land Use Summary proposed for this Development:

 

LAND USE

ACREAGE

Residential

234.80+

Golf

178.36+

Club House

11.06+

Driving Range

9.30+

Maintenance & Landscape

7.14+

Recreational Vehicle Storage

3.22+

Wetlands

TBD

PUD Buffer

3.82+

Main Entrance Road

11.08+

Open Space

150+

Conservation Easement 1

TBD

Conservation Easement 2

TBD

 

 

           A.     Residential Development

 

1.        The project shall contain a maximum of 1,196 dwelling units, on a total of 500+/- acres at a gross density not to exceed 2.39 units per acre as referenced.

 

        2.       The minimum lot size shall be as shown on the approved conceptual P.U.D. Master Plan dated 7/31/02, as amended per this permit.

.

        3.       Minimum lot width and depth shall be as shown on the approved conceptual P.U.D. Master Plan dated 7/31/02, as amended per this permit.  The mix of the lots shall not exceed the total number of approved dwelling units and density as described in this section.  City staff as part of the preliminary plat approval process shall approve final lot sizes.

 

        4.       Residential dwelling units in Phase H shall have a minimum lot area of 7,000 square feet with a minimum lot width of 70 feet contiguous to the Plantation Planned Unit Development that is situated adjacent to the southeastern boundary of the proposed project in order to be compatible (equal to or greater than) in lot size, building and utilization as the adjacent residential units in the Plantation Planned Unit Development.

 

        5.       The following minimum yard setbacks shall be maintained:

 

            Front setback – 20 feet;

            Rear setback – (18) feet; and

            Side setbacks - minimum 0 feet for units with common walls and 5 on each side for other units.

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

 

        6.       Corner lots shall have a minimum side yard setback of 15 feet from the right-of-way.

 

        7.       Accessory structures shall have a minimum rear and side setback of 5 feet and shall not occupy more than 30 percent of the rear yard setback.

 

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

 

        9.       Net impervious surface coverage for residential uses shall not exceed 70 percent with an overall impervious surface coverage for the development of 40 percent or as per the code.

          

 10.           Permitted Uses: 

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

b.           Two-family dwellings;

c.            Triplexes;

d.           Accessory structures;

e.            Temporary modular sales center.

 

            B.     Recreational and Community Development

 

1.       Recreational and community development shall primarily serve the residences of the development including active and passive uses, and consist of a minimum of approximately 199.26+/- acres of the project.  Recreational development shall meet the requirements of the City of Leesburg Code (as amended) and adopted Growth Management Plan (as amended).

 

  2.       Each phase of the Planned Unit Development shall have available accessibility to a recreational facility. 

 

 3.       A golf course shall be constructed within Phase One in accordance with the PUD Master Plan attached hereto and incorporated by reference as Exhibit B. The golf course shall include 18 holes, a golf shop, driving range and practice facility, and a cart storage and maintenance facility. Development of the referenced golf course shall meet all regulations and requirements of the city in effect at the time of commencement of construction. 

 

 4.      A community clubhouse shall be developed in the Phase One of the project.  Uses within the clubhouse may include:

a.                  Restaurant facilities with bar;

b.                  Retail banking office;

c.                  Community administrative offices;

d.                  Housing sales office;

e.                  Barber and beauty shops;

f.                    Travel agency;

g.                  Insurance agency;

h.                  Investment office;

i.                    Art and craft rooms;

j.                     Activity rooms;

k.                  Library;

l.                     Computer rooms;

m.                Banquet and entertainment facilities;

n.                  A fitness and wellness center;

o.                  Other uses, including active and passive recreational uses, serving the project residents.

 

 5.        Recreational facilities may be located throughout the project.  These may           include:

a.                   Swimming pools;

b.                  Shuffleboard courts;

c.                   Tennis courts;

d.             Bocce courts;

e.                   Picnic areas;

f.                    Baseball diamonds;

g.                   Basketball courts;

h.                   Fitness and endurance trails;

i.                     Walking paths;

j.                    Overlooks;

k.                  Docks (except along the Palatlakaha River );

l.                     Other active and passive recreational uses consistent with permitted uses.

 

                    6.     Construction facilities, including but not limited to material and equipment    storage areas and construction offices, shall be permitted to be located within       the designated Nursery & Maintenance Construction Operation Area, as shown on the PUD Master Plan, attached as Exhibit B dated 7/31/02, as amended per this permit..

 

7.     Recreational vehicle (RV) and boat storage shall be limited to the paved area        designated on the proposed Master Plan and shall not exceed 4.0 acres.  The         area shall be appropriately buffered in accordance with the City of Leesburg      Code.  This area shall only be for use by community residents.

 

           C.      Open Space, Common Areas and Buffer Areas

 

1.            A minimum of 30 percent of the total project site shall be open space.  Golf Course acreage, conservation areas & buffers shall be included as open space in determining whether this condition has been satisfied.

 

2.            A conservation easement shall be established in accordance with the requirements of Ordinance No. 01-11 and the requirements of the Department of Environmental Protection and the St. Johns River Water Management District, including a buffer from the edge of the Palatlakaha River with a minimum width of 30 feet and an average width of 50 feet.  The conservation easement shall be established when the plat for the initial phase of the community is recorded.  The conservation easement shall be identified on the plat or in the associated Declaration of Covenants and Restrictions.  The conservation easement areas shall also contain those wetland areas as required by the Department of Environmental Protection and/or the St. Johns River Water Management District. 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.

 

                  3.      A minimum natural vegetated 30’ buffer or a 25’ buffer with a solid screening    to include a six (6) foot earthen berm or solid fence shall be provided between the property boundary and the residential areas within the project. A minimum landscape buffer of 10 feet shall    be placed along U.S. Highway 27. All buffers shall be shown on the PUD Master Plan, attached as Exhibit B dated              7/31/02, as amended per this permit..

 

      4.        An upland buffer shall be placed along the Palatlakaha River which shall be an average of 50 feet based on a five-foot (5’) interval or as required by the Department of Environmental Protection, St. Johns River Water Management District and/or U.S. Army Corp of Engineers, whichever is more restrictive.  Under no circumstances shall the minimum buffer width be less than 30 feet.

 

      5.        All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by the Department of Environmental Protection, 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.

 

      6.        Buildings or structures shall be a minimum of 50 feet from the mean annual high water line or the wetland jurisdiction boundary, whichever is more restrictive.

 

7.        Wetlands shall have a minimum upland buffer of 25 feet or the upland buffer established by the Department of Environmental Protection, 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.

 

      8.        Land uses allowed within the upland buffers are limited to overlooks, hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.

 

      9.        If wetland alteration is permitted by the Department of Environmental Protection, 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 the Department of Environmental Protection, St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.

 

      10.      A wildlife management plan for the project site shall be prepared based on the results of the environmental permit approvals obtained 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. 

 

D.  Development Phasing

 

            1.     The proposed project shall be constructed in up to four main phases in accordance with the Planned Unit Development Application and supplemental   information. Any phase may be sub-phased, however, each phase of the Planned         Unit Development shall have available accessibility to the recreational facilities and           the Golf Course shall be constructed in Phase One.  A Master Plan (attached as part         of the application) has been submitted to the City and shall be amended based on the       conditions of development as described in the Conditional Use Permit.  An amended    Master Plan shall be submitted to and approved by City staff prior to preliminary plan         approval. Changes to the Master Plan,  other than those conditions described in the           Conditional Use Permit, shall be revised       in accordance with the Conditional Use Permit review process.

 

            2.     Construction of the Planned Unit Development shall substantially commence                                 within 18 months of approval or the Conditional Use Permit shall expire. In         

                    the event, such use has commenced, but for any purpose ceases for a period of                                     12 months, then this permit shall become null and void.

 

4.        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, reuse water 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 unpermitted direct discharge of stormwater runoff generated by the development into any natural surface waters or onto adjacent properties.

 

           B.      A stormwater management system designed and permitted 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 or Community Development District is an acceptable maintenance entity.

 

           D.      The 100-year flood plain and wetlands jurisdictional line shall be shown on

                    appropriate plans. 

 

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

 

           F.      A detailed site plan that indicates all the provisions for underground electric, reuse lines, water, sewer and/or natural gas in accordance with the City of Leesburg land development regulations.

 

5.        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.      Vehicular access to the project site shall be provided by one primary access point on south U.S. 27 and with a paved secondary access to Haywood-Worm Farm Road to the north to be depicted on the referenced Exhibit B (approved conceptual P.U.D .Master Plan dated 7/31/02), as amended per this permit. A guardhouse shall be located at the U.S. 27 entrance to control access to the project. Each lot within development parcels F, I and N, as shown on the PUD Master Plan, shall be provided with paved off-street parking for two vehicles in addition to any enclosed garage.

 

           C.      The Permittee shall provide all necessary improvements / signalization within and adjacent to the development on south U.S.27 as required by a traffic study for the project. Required improvements shall be reviewed and approved by Florida Department of Transportation, Lake County and City of Leesburg prior to construction. Upon receiving certificates of occupancy for 75% of the residential units, the developer shall be required to review the need for a traffic signal at the intersection of the proposed project entrance on U.S. 27. Should the review indicate the need for the referenced signal, the City shall require the Permittee to pay a pro-rata share of the cost of the signal(s) based on division of the trip generation distributions for uses resulting in the need for the referenced signal(s). 

          

           D.      All roads within the development shall be designed and constructed to meet the City of Leesburg requirements and shall be privately owned and maintained by the developer and/or the community homeowners’ association (HOA). A note shall be placed on the plat that the roads are private and will be maintained by the property owners (HOA) or Community Development District and not the City of Leesburg.

.         

           E.      Internal road rights-of-ways shall be of sufficient width to contain the required sidewalks on one side of all roads and golf cart lanes where required. Sidewalks shall be a minimum of five feet along the primary entrance road and shall be a minimum of four feet along the residential loop road. All sidewalks shall be constructed in accordance with City of Leesburg Code. As an alternate(s) to the code requirement for sidewalks along both sides of roads, a paved golf cart lane shall be provided by the developer and shown on the Master Plan that is incorporated into the design of the primary entrance road. In addition, access from all phases of the project to the recreation areas, community club house and adjacent proposed commercial area to the immediate north of the project, shall be provided by a paved golf cart path.  A homeowners association (HOA) or Community Development District is an acceptable maintenance entity for the referenced improvements. City staff may approve or disapprove the alternative based on the Permittee demonstrating that the alternative meets the same objectives as the placement of sidewalks along the primary road.

 

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

 

           G.      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. Should the city decide to accept the referenced road system, the guard house will be required to be removed and access to the development by the public will not be restricted. 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.

 

6.        UTILITIES

 

     Utilities exist in the U.S. 27 right-of-way and shall be extended throughout the proposed development.  Appropriate utility easements shall be granted to utility providers on the recorded subdivision plat.

A.     The City of Leesburg will provide sufficient water supply and fire flows to        accommodate this development.

 

B.    The City of Leesburg will provide sufficient utility capacity to service this                 development.   
 
C.      Florida Power Corporation and/or Sumter Electric will provide electric service to        this   development. 
 
D.     Sprint or other carrier will provide telecommunications service to this development. 

 

E.    The community shall have a cable telecommunications system (the “System”) to           deliver local and satellite programming, and other types of pay television and audio       programming including high-speed data services.  The System shall be owned by the     Developer or third party under arrangement approved by the Developer.

 

7.        ADDITIONAL STORMWATER CONDITIONS

 

A.           The appropriate documentation that the 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.

 

           B.      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.

          

8.        VARIANCE REQUESTS AND APPROVALS

 

           A.      Request:  a variance to On-Site Signs: Sec 3-77(4)a to the maximum area of a Sign Advertising Development to allow a maximum of two (2) entrance monument signs on U.S. Highway 27 with a maximum sign area of 175 square feet each (50 square feet permitted), for a maximum sign area of 350 square feet.  Approval for an existing billboard sign to be used as a temporary project sign to be located along the U.S. 27 road frontage is also requested.  The size of the existing, permitted billboard sign shall not increase, nor its location change  The duration of approval for the temporary project development billboard sign shall 8 years or 95% occupancy of the development, whichever occurs first. At the end of this period the referenced sign shall be removed.

 

Approval:  The Planning & Zoning Division recommends approval of the variance to increase the sign area to a maximum of 350 square feet, with the following condition:

 

1.       City staff shall review and approve the two PUD identification sign up to 350 square feet if they comply with the design and character of the total design concept of the development.  A single theme will be developed so that the project will maintain a consistent design theme for all land uses approved.

         

Approval:  The Planning & Zoning Division recommends approval of the variance use of the existing billboard sign for a temporary project development billboard sign, with the following condition:

 

1.       The size of the existing, permitted billboard sign shall not increase, nor its location change.   It shall incorporate the design and character of the total design concept of the development. The duration of approval for the temporary project development billboard sign shall 8 years or 95% occupancy of the development, whichever occurs first. At the end of this period the referenced sign shall be removed.

 

           B.      Request:  a variance to Sect 19-49(b) to amend the maximum block length from 700 feet to 1,320 per approved Planned Unit Development.  The request provides flexibility in the design of the internal roads to minimize the impacts to wetlands.

 

Approval: The Planning and Zoning Division recommends approval of the variance to increase the block length from 700 feet to a maximum of 1,320 feet.  Final approval or disapproval to increase the block length beyond 700 feet shall be determined on a case by case basis as determined by the Community Development Department during the preliminary plat review process.

 

           C.      Request:  a variance to allow the construction and temporary use of no more than six (6) septic tanks to serve the model center, temporary construction trailers and golf course comfort stations until central facilities are available.  Use of the septic tanks are not to exceed 1 year from the date of obtaining the permits for septic tank construction and use.

 

Approval: The Planning and Zoning Division recommends approval of the variance to allow the construction and temporary use of no more than six (6) septic tanks to serve the model center, temporary construction trailers and golf course comfort stations until central sewer facilities area available with the following conditions:

 

1.       Use of the septic tanks shall cease when central sewer is available within five (500) feet hundred feet of the referenced structures and the referenced structures shall be connected to the central sewer in accordance with all required codes for removal of septic systems and sewer connections..  

 

           D.      Request:  a variance to Sect 25-4. Setbacks to allow the measurement of required setbacks to be from wall to wall instead of from overhang of the structures per approved Planned Unit Development.  The request provides flexibility in the design of the structures to maximize the placement of units and decrease the impacts to wetlands.

 

Approval: The Planning and Zoning Division recommends approval of the variance to allow the measurement of required setbacks to be from wall to wall instead of from overhang of the structures per approved Planned Unit Development.   

 

           E.       Request: a variance to Sect 18-106(D)(1). Sidewalks to allow four (4) foot sidewalks where the code requires five (5) feet and to allow sidewalks on one side of the street where the code requires them on both sides of the street.

 

                    Approval: The Planning and Zoning Division recommends approval of the variance to allow four (4) foot sidewalks where the code requires five (5) feet and to allow sidewalks on one side of the street where the code requires them on both sides of the street. . As an alternate(s) to the code requirement for sidewalks along both sides of roads, a paved golf cart lane shall be provided by the developer and shown on the Master Plan that is           incorporated into the design of the primary entrance road. In addition, access from all phases of the project to the recreation areas, community club house and adjacent proposed commercial area to the immediate north of the project, shall be provided by a        paved golf cart path. City staff may approve or disapprove the alternative based on the Permittee demonstrating that the alternative meets the same objectives as the placement of sidewalks along the primary road.

 

           F.      Request:  a variance to Sec. 19-46(d) Horizontal Curves of the Subdivision Code to amend the requirement for the center line radius or curvature of not less than one hundred (100) feet to fifty (50) feet.

 

Approval: The Planning and Zoning Division recommends approval of the variance to reduce the center line radius or curvature from one hundred (100) feet to fifty (50) feet on local internal streets only where traffic speeds limits are lower.  Final approval or disapproval to reduce the center line radius or curvature shall be determined on a case by case basis after review by the City Engineer and approval by the Community Development Department. (Amended 12-04-03)

 

G.                    Request:  a variance to NFPA 1141, Chapter 4-2.2 which requires 120 feet of right- of-                    way and 80 feet of pavement to 100 feet of right-of-way and 70 feet of pavement            for cul-de-sacs.

 

                   Approval: The Planning and Zoning Division recommends approval of the variance                                  to reduce the required 120 feet of travel way for dead end roadways of more than   300 feet to 70 feet of pavement for cul-de-sacs where Miami curbs are used and a stabilized travel way of 100 feet is provided. Final approval or disapproval to reduce the pavement and right-of-way shall be determined on a case by case basis after review by the City Engineer and approval by the Community Development Department. (Amended 12-04-03)

 

H.     Request: a variance for reduced setbacks and building separations for lots which          have     been issued building permits and started construction prior to February 21, 2008 to reflect           the actual measurements as shown on surveys to correct field errors. The variances shall           reflect the minimum reduction necessary per the referenced surveys.

 

         Approval: The Planning and Zoning Division recommends approval of the variance     for reduced setbacks and building separations for lots which have been issued      building permits and started construction prior to February 21, 2008 to reflect the           actual   measurements as shown on surveys to correct field errors. The variances shall reflect        the minimum reduction necessary per the referenced surveys

 

I.       A time limit of eighteen (18) months shall be required to initiate variances.

 

9.        MISCELLANEOUS CONDITIONS

 

           A.      The uses of the proposed project shall only be those uses identified in the approved Conditional Use Permit.  Any other proposed use must be specifically authorized by the Planning and Zoning Commission in accordance with the Conditional Use Permit review 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 Code

 

       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 Conditional Use Permit 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 by this permit 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, as amended. 

 

           E.    This Conditional Use Permit 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.    A time limit of eighteen (18) months shall be required to initiate the conditional use.

          

           G. Spatial requirements set forth herein shall be deemed satisfied provided as-built                measurement does not deviate from such requirement by more than five percent. 

 

10.      COMMUNITY DEVELOPMENT DISTRICT CONDITIONS (Adopted October 13, 2003)

 

 A.    This PUD Agreement is hereby amended to be consistent with the authority granted to the CDD by law, its charter, and the City Ordinance # 03-94 creating the CDD.

 

 


EXHIBIT B

ARLINGTON RIDGE LLC

LEGAL DESCRIPTION:

 

The S.W. 1/4 of the S.E. 1/4 of Section 14, Township 20 South, Range 24 East, Less the North 100 feet, and less the East 600 feet of the North 825 feet.

 

AND:  The S.E. 1/4 of the S.W. 1/4 of said Section 14, less the North 100 feet.

 

AND:  That part of the North 1/2 of the N.E. 1/4 of Section 23, Township 20 South, Range 24 East, lying South and West of U.S. Highway No. 27, LESS that part thereof lying South of Palatlakaha River; ALSO LESS AND EXCEPT that part of the following property lying northerly of the Palatlakaha River:  Commencing at the East 1/4 corner of Section 23, Township 20 South, Range 24 East, run thence N.00°10'27"W., 1227.65 feet; thence S.23°54'33"W. 96.83 feet; thence S.83°57'38"W., 1029.96 feet to the Point of Beginning.  From said Point of Beginning run N.14°47'38"E., 198.61 feet; thence N.54°39'17"W. 380.00 feet; thence S.89°12'43"W. 211.04 feet; thence S.32°04'57"E. 222.68 feet; thence S.35°20'43"W. 50.00 feet; thence S.54°39'17"E. 200.00 feet; thence N.35°20'43"E. 50.00 feet; thence S.54°39'17" E., 187.45 feet; thence N.83°57'38"E. 36.11 feet to the Point of Beginning.  ALSO LESS AND EXCEPT THE FOLLOWING PROPERTY:  Commencing at the Northeast corner of Section 23, Township 20 South, Range 24 East, run thence West along the North line of said section to the western right-of-way line of U.S. Highway 27 to the Point of Beginning.  From said Point of Beginning continue southeasterly along said right-of-way 800.00 feet; run thence N.89°55'09"W. 350.00 feet; thence N.35°13'08"W. to the said North line of Section 23, thence S.89°55'09"E. to the said right-of-way line and Point of Beginning.

 

AND:  That part of the South 1/2 of the N.E. 1/4 of said Section 23 lying North of Palatlakaha River, LESS AND EXCEPT that part of the following property lying northerly of the Palatlakaha River:  Commencing at the East 1/4 corner of Section 23, Township 20 South, Range 24 East, run thence N.00°10'27"W. 1227.65 feet; thence S.23°54'33"W. 96.83 feet; thence S.83°57'38"W. 1029.96 feet to the Point of Beginning.  From said Point of Beginning run N.14°47'38" E. 198.61 feet; thence N.54°39'17"W. 380.00 feet; thence S.89°12'43"W. 211.04 feet; thence S.32°04'57"E. 222.68 feet; thence S.35°20'43"W. 50.00 feet; thence S.54°39'17"E. 200.00 feet; thence N.35°20'43"E. 50.00 feet; thence S.54°39'17"E. 187.47 feet; thence N.83°57'38"E. 36.11 feet to the Point of Beginning.

 

AND:  That part of the South 3/4 of the West 1/2 of said Section 23, lying West of Palatlakaha River.

 

AND:  The N.E. 1/4 of the  N.W. 1/4 of said Section 23.

 

AND:  The South 1/2 of the N.W. 1/4 of the N.W. 1/4 of said Section 23, LESS the N.W. 1/4 thereof.

 

AND:  The South 1/2 of the S/E/ 1/4 of the N.E. 1/4 of the N.E. 1/4 of Section 22, Township 20 South, Range 24 East.

 

AND:  The S.E. 1/4 of the N.E. 1/4 of said Section 22.

 

AND:  The N.E. 1/4 of the S.E. 1/4 of said Section 22.

 

AND:  The South 1/2 of the S.W. 1/4 of the N.E. 1/4 of the N.E. 1/4 of said Section 22.

 

AND:  That part of the S.W. 1/4 of the N.W. 1/4 of Section 24, Township 20 South, Range 24 East, lying North and West of the Palatlakaha River and West of U.S. Highway No. 27.

 

            AND:  The South 1/2 of the S.E. 1/4 of Section 22, Township 20 South, Range 24                                    East, lying northeasterly of the southwesterly line of the Florida Power                                 Corporation transmission line easement. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Exhibit C

Conceptual Development Plan


 [FAM1]This reference is redundant since the document itself is      Exhibit “A”