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 6.05 acres. The property is generally located on the south side of C.R. 48, approximately one mile east 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 County A (Agriculture). Currently, the property is used as single-family dwelling and the proposed uses are a single-family dwelling and new worship center. The surrounding zoning designations are City R-1-A (Single Family Residential) to the south, City C-1 (Neighborhood Commercial) to the east, and County A (Agriculture) to the north and west.
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 Low Density Residential.
The existing land uses surrounding the property are undeveloped property, agriculture, single family residential and commercial uses.
Development of the parcel shall require connection to City utilities at the owner’s expense.
By a vote of 7 to 0, the Planning Commission recommended approval.
1. Approve the proposed rezoning to 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. _________________
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WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 6.05 ACRES GENERALLY LOCATED ONE MILE EAST OF THE INTERSECTION OF U.S.27 AND C.R. 48, LYING IN SECTION 13, 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. (Berean Baptist Church)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of Berean Baptist Church, 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 B for Legal Description)
Alternate Key Number: 1294525
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 #: 011-1-022108 EXHIBIT A
BEREAN BAPTIST CHURCH
REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
February 21, 2008
These PUD (Planned Unit Development) district conditions are granted by the City of Leesburg Planning Commission, Lake County, Florida to Berean Baptist Church, "Permittee" for the purposes and terms and conditions as set forth herein pursuant to authority contained in Chapter 25 "Zoning", Section 25-278 "Planned Development Process" 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 permit church and church-related uses on an approximately 6.05 acre site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Berean Baptist Church, to construct, operate, and maintain a PUD (Planned Unit Development) development in and on real property in the City of Leesburg. The property is generally located on the south side of CR48, approximately one mile west of the intersection of CR 48 and US 27. The property is more particularly described as shown in the attached legal description below.
2. LEGAL DESCRIPTION
See attached legal Exhibit B
3. LAND USES
The above described property shall be used for PUD (Planned Unit Development) uses as limited herein, pursuant to City of Leesburg development codes and standards.
A. All uses shall be restricted to those uses approved specifically in the PUD conditions for the site and shall occupy the approximate area as shown on the Conceptual Plan.
1) Uses Permitted
Permitted Uses shall be as follows:
a. House of Worship (Church)
b. Church related use including offices and daycare uses
c. Associated uses such as water retention ponds and buffering.
2) Uses Prohibited
Prohibited shall be as follows:
a. All uses not specifically listed as Permitted Uses in item 3.A..1 as shown above.
B. Impervious Area
The Impervious surface coverage for each site shall not exceed seventy (70) percent of the gross site area.
C. Open Space
A minimum of thirty (30) percent of the site shall be developed as open space, including retention areas, buffer and landscaped areas. Parking areas and vehicle access areas shall not be considered in calculating open space.
4. SITE ACCESS
A. Access to the parcel shall be based on the site plan dated December 28, 2007, which indicates one (1) access from County Road 48 on the north.
B. All other site access issues will be reviewed during the site plan review stage of the development.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the PUD (Planned Unit Development) district, except as amended by these conditions.
6. DESIGN REQUIREMENTS
A. 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 each 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.).
7. PARKING AND LIGHTING
A. All required off-street parking spaces shall be constructed within the development per City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces.
B. All lighting of the parking, landscape and building and open areas shall be designed in such a manner as to minimize visual impact on adjacent properties. Lighting design for the above referenced areas shall be reviewed during the site plan review process. Multiple, verified written complaints from adjoining properties may be interpreted by the Community Development Director as a violation of this PUD condition, which will require either redesign or repairs to the existing lighting system within a time period not to exceed ninety (90) days from determination of violation.
A. Should wetlands exist on the site, the following requirements shall apply. Prior to disturbance or development of any wetland area, the "Permittee" shall submit and receive approval from all affected governmental agencies to include, but not limited to, St. John's River Water Management District and the State of Florida Department of Environmental Regulation. Any notice of violation from any affected agency shall be cause for a cease and desist order on permits issued by the City of Leesburg until such time as the violation has been resolved with the appropriate agency(s).
9. DRAINAGE AND UTILITIES
A. Prior to receiving Final Development Plan Approval, the "Permittee" shall submit, if applicable, a Master Site Drainage Plan and Utility Implementation Plan acceptable to the City of Leesburg. Prior to any clearing, grubbing, or disturbance of the natural vegetation in any phase of the development, the permittee shall provide:
1) A detailed site plan demonstrating no direct discharge of storm water runoff generated by the development into any natural surface waters or onto adjacent properties.
2) A detailed site plan indicating all provisions for electric, water, sewer, and natural gas in accordance with the site plan review process as required by the City of Leesburg Code of Ordinances.
A. Permittee shall make all transportation improvements as required by FDOT and the City of Leesburg. Construction of improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application.
11. LANDSCAPING AND BUFFER REQUIREMENTS
A. Each property line along the south east and west shall have a ten (10) foot landscape buffer with an eight (8) foot decorative fence with landscaping. The exact location of the fence shall be determined after reviewing the location of any existing trees that may be saved and incorporated into the buffer area.
B. All other landscaping and buffering shall be in accordance with regulations contained within the City of Leesburg Code of Ordinances 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 City of Leesburg Code of Ordinances, as amended.
1) Two (2) canopy trees
2) Two (2) ornamental trees
3) Thirty (30) shrubs
4) The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.
5) Existing vegetation in the required buffer shall be protected during
A. With the exception of public utilities, maintenance of all site improvements, including but not limited to drives, sidewalks, landscaping and drainage shall be the responsibility of the developer.
13. DEVELOPMENT PHASING/IMPLEMENTATION
A. The proposed project may be constructed in phases in accordance with the conceptual Site Plan dated December 28, 2007, and attached as part of these conditions. Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Development review process.
B. Implementation of the project shall substantially commence within 24 months of approval of the site plan and construction plan approvals for this Planned Development. In the event, the conditions of the PD has not been substantially initiated during the required time period, the PD 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 PD approval or rezone the property to an appropriate zoning classification.
14. 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 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 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.
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.
Alternate Key Number: 1294525
Conceptual Site Plan