MEETING DATE:   May 12, 2008


FROM:                       Bill Wiley, AICP, Interim Community Development Director


SUBJECT:                  Ordinance to amend the existing PUD (Planned Unit Development) zoning for the Mattick Property, (William A. Mattick)



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the amendment to the existing PUD (Planned Unit Development) zoning proposed rezoning for the subject property.



The project site is approximately 6.4 acres.  The property is generally located on Stewart Lane, north of U.S. Highway 441, as shown on the attached General Location Map. The present zoning for this property is PUD (Planned Unit Development).  Currently, the property is undeveloped, and the proposed use is for automotive and retail uses as permitted by the William A. Mattick PUD zoning agreement attached hereto. The surrounding zoning designations are PUD (Planned Unit Development to the north; C-3 (Highway Commercial) to the south and east; and CIP (Commercial/Industrial Planned) to the west.


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


The existing land uses surrounding the property are undeveloped to the north, a convenience store to the south, with car dealerships to the east and west.


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 recommend approval.



1.         Approve the proposed amendment to the PUD (Planned Unit Development) zoning, 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:    5/16/08 11:27 AM____




Department: Community  Development

Prepared by:  Dan Miller, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     




Revised 6/10/04


Reviewed by: Dept. Head ___X____


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________
















































Section 1


Based upon the petition of William A. Mattick, 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, the City Commission does hereby amend the PUD (Planned Unit Development) zoning previously approved under City of Leesburg Ordinance 05-117, subject to conditions contained in Exhibit A, to-wit:


(See Exhibit B for Legal Description)


Alternate Key Numbers:   771763, 3771762, 1798973, 1790743, 3771754, 3771755,

                                         3771756 and 3771757      



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 #:  032-1-041008                                                                             EXHIBIT A

(Previously #023-1-022405)





APRIL 10, 2008 (Revised)


This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning and Zoning Commission, Lake County, Florida to William A. Mattick, "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 Code of Ordinances, as amended.


BACKGROUND:  The "Permittee" is desirous of amending an existing Planned Unit Develop­ment (PUD) zoning district of approximately 6.4 acres to allow construction of a proposed residential subdivision development consisting of with a maximum of 24 detached single-family units on approximately 4.3 acres and a commercial area of approximately 1.78 acres. The property is generally located north of US Highway 441, along the eastern side of Stewart Lane, south of Silver Lake Drive, on a site with­in the City of Leesburg.


1.        PERMISSION is hereby granted to William A. Mattick to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg. The property is more particularly described as follows:



          See attached legal Exhibit B.


2.        LAND USE

The above-described property, containing approximately 6.4 acres, shall be used for single-family detached residential uses and commercial uses, pursuant to City of Leesburg development codes and standards and as amended by these conditions.

A.      Residential Development

 1.       The project shall contain a maximum of 24 detached single-family units at a gross density not to exceed 6 units per acre.


        2.       The minimum development standards shall be those of the R-1 Low Density Residential District of the Land Development Code. Single-family lot sizes and setbacks may be adjusted by staff during the review of the preliminary plan review process.


  3.       Impervious surface coverage for single-family detached shall not exceed 60 percent. Other types of residential such as cluster development may exceed this percentage based on the overall project maintaining an open space of 30 percent.


        4.       An attached swimming pool screened enclosure must maintain a minimum setback of five (5) feet from the side and rear property line.

B.     Commercial Development

        1.       Commercial development of approximately 1.74 acres may access Stewart Lane with a common ingress/egress and have an “in only” entrance from U.S. 441 to the south. Final determination and location of commercial uses shall be approved during the Site Plan and Preliminary Subdivision Plan approval process.

   2.       The commercial uses shall be restricted to those uses approved specifically in the PUD conditions for the site.                     

                    a.       Retail uses shall be those listed for the C-1 (Neighborhood Commercial) uses in the Land Development Code as a permitted uses except as limited by this PUD and shall occupy approximately 12,500 sq. ft.

          3.       Uses prohibited shall be as follows:

                    a.   convenience store with or without gas pumps unless combined with

                          the existing convenience store adjacent to the south.

                    b.   recreation uses - indoor and outdoor

                    c.   bars and lounges

                    d.   clubs and lodges

                    e.   package stores

                    f.    places of worship

                    g.   educational facilities

                    h.   transient accommodations

                    i.    crematoriums and funeral parlors

                    j.    vehicle repair, service and sales except for sales in conjunction with the existing auto sales adjacent to the east.

                    j.    off site parking unless specifically approved as an amendment to this


        4.       Hours of operations shall be restricted to 7:00 a.m. to 11:00 p.m.

        5.       The minimum development standards shall be those of the C-1 (Neighborhood Commercial) Zoning District of the Land Development Code. Lot sizes and setbacks may be adjusted by staff during the site plan review process.

            C.               Recreational Development

1.       Recreational development may include active and passive uses for the project.  Recreational development shall meet the requirements of the City of Leesburg Land Development Code (as amended) and adopted Growth Management Plan (as amended).

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

           D.     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.      There does not appear to be any wetlands on site, however, any 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

        2.      A conservation easement shall be established in accordance with the requirements of   the Department of Environmental Protection and the St. Johns River Water Management District, if any wetlands are found on site.  The conservation easement shall be established when the plat for the initial phase of the project is recorded.  The conservation easement shall be identified on the plat or in the associated Declaration of Covenants and Restrictions.

                    3.      Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.

  4.       Wetlands shall have a minimum upland buffer of 30 feet or the upland buffer 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.

        5.       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.

        6.       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.

        7.       A wildlife 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 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. 

        8.       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.

      F.     Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Planned Unit Development 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.



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.      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.

           H.      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.



           A.      Any transportation improvements or right-of-way that may be required shall be based on projected needs and shall be contingent upon site plan and subdivision plan approval by City staff during the development review and permitting process.

           B.      Vehicular access to the project site shall be provided by along Stewart Lane. Any other potential accesses will be reviewed by the Development Review Committee during site plan process. 

           C.      The Permittee shall provide all necessary improvements / signalization within and adjacent to the development as required by Florida Department of Transportation, Lake County and City of Leesburg.

           D.      All roads within the development shall be designed and constructed to meet the City of Leesburg requirements.

           E.      Sidewalks shall be provided on at least one side of the road.  Internal road rights-of-ways shall be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in accordance with City of Leesburg Codes.

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

           G.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements.  The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.

           H.      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.  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.



           A.      Residential Development

              1.       Building Design

   a.   Single-family detached residential are permitted to have garages located with the following provisions.

1)        Front access garages must be set back a minimum of ten (10) feet from the primary structure except for side entrance garages.

2)         Rear garages must be setback a minimum of twenty (20) feet from an alley or rear access drive.

3)         Side garages may have an access from the street and are required at a minimum, to be setback in line with the primary structures side setback.

                        b.   The distance between any principal building and accessory building shall be a minimum of ten (10) feet.

     B.      Additional Design Features.  All buildings shall utilize at least three of the following design features to provide visual relief along all elevations of the building:

1.        Dormers

2.        Gables

3.        Recessed or raised entries

4.        Covered porch entries

5.        Cupolas

6.        Pillars or decorative posts

7.        Bay window (minimum 12 inch projections)

8.        Eaves (minimum 6-inch projections)

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

 10.       Front windows with arched glass tops and minimum 4-inch trim.

           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 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.).

                  3.         All stucco, provided there are unique design features in the elevations of the buildings and/or the buildings are all brick stucco. Unique design features shall be reviewed by the Planning and Zoning Manager for compliance.



           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Unit Develop­ment Agreement. Any other proposed use must be specifically authorized by the Planning and Zoning Commission in accordance with the Planned Unit Develop­ment amendment process.

           B.      No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes

       C.      Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

       D.      The transfer of ownership or lease of any or all of the property described in this PUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Unit Development established by this 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 PUD 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.

  F.      Implementation of the project shall substantially commence within 24 months of approval of this Planned Unit Development. In the event, the conditions of the PUD have not been implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the residential property to RE-1 (Estate Density Residential) uses and the commercial property to C-1 Commercial uses or another appropriate zoning classification less intense than the development permitted by these PUD Conditions. 



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.



                                                  LEGAL DESCRIPTION                           EXHIBIT B


Lots 6, 7, 8, 8A, 9, 9A, Country Club Gateway, according to the map or plat thereof as recorded in Plat Book 14, Page 71, Public Records of Lake County, Florida. Also, Silver Lake Estates beginning on the East line of Lot 5, Block 52, and 32 feet North of the South line of Section 15-19-25, Running North 74 degrees, 42 minutes, 50 seconds, West to the West line of Lot 5, Northerly along the lot line to Silver Lake, Easterly along Silver Lake to point North of the point of beginning, South along East line of lo Lot 5 to the point of beginning, LESS Lake Shore Drive, being in section 15-19-25, according to Plat Book 14, Pages 66-69, Public Records of Lake County, Florida.

Lots 2, 3, 4, and 5, COUNTRY CLUB GATEWAY, according to the map or plat thereof as recorded in Plat Book 14, Page 71, Public Records of Lake County, Florida. Also, Lot 1 in Country Club Gateway, a subdivision in Lake County, Florida, according to the plat thereof, recorded in Plat Book 14, Page 71, Public Records of Lake County, Florida, and that part of Lot 4 Block 52, Silver Lake Estates, according to the revised plat thereof, recorded in Plat Book 10, pages 66 though 69, Public Records of Lake County, Florida, lying Southerly of Country Club Gateway, as recorded in Plat Book 14, Page 71, Public Records of Lake County, Florida, and Easterly of the Easterly line of the right of way of State Road S-449, (Stewart Lane), and Northerly of the Northerly line of the right of way of U.S. Highway No. 441; LESS and EXCEPT that part of thereof bounded and described as follows: Begin at the Northerly corner of the said Lot 1 and run Southeasterly along the Northeasterly line thereof a distance of 150 feet to a point hereby designated as Point "A". Begin again at the point of beginning and run Southwesterly along the Southeasterly line of the right of way of Stewart Lane and extension thereof to a point on the Northerly line of the right of way of U.S. Highway No. 441: thence Southeasterly along the Northerly line of said right of way 150 feet; thence Northeasterly along a straight line to the above designated Point "A".


Alternate Keys: 3771763, 3771762, 1798973, 1790743, 3771754, 3771755, 3771756, and 3771757         


6.4 +/- acres



















                               CONCEPTUAL SITE PLAN                             EXHIBIT C