MEETING DATE:   May 12, 2008


FROM:                       Bill Wiley, AICP, Interim Community Development Director


SUBJECT:      Ordinance rezoning approximately 1.1 acres for George and Lourdes Mathew



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City C-2 (Community Commercial) to CIP (Commercial/Industrial Planned).  



The project site is approximately 1.1 acres.  The property is generally located on the south side of E. Main Street, west of Canal Street and north of Magnolia Street, as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial).  Currently, the property is undeveloped, and the proposed use is mixed use development comprised of a residential, commercial and office development with a parking garage. The surrounding zoning designations are to the south P (Public), to the west and north C-2 (Community Commercial), and to the east C-3 (Highway Commercial).


The proposed zoning district of CIP (Commercial/Industrial Planned) is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of General Commercial.


The existing land uses surrounding the property are offices to the north, commercial to the east, City Police Department to the south and undeveloped/commercial to the 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 rezoning CIP (Commercial/Industrial Planned), 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:    5/22/08 11:48 AM____


Department: Community  Development

Prepared by: Bill Wiley, 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 George and Lourdes Mathew, the owners 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 from City C-2 (Community Commercial) to CIP (Commercial/Industrial Planned).zoning district, subject to conditions contained in Exhibit A, to-wit:


(See Exhibit B Legal Description)


Alternate Key Numbers: 1265088 and 1265096


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 #:070-1-092007                                                                                                 EXHIBIT A




APRIL 10, 2008


These CIP Conditions for a CIP (Commercial/Industrial Planned) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to George and Lourdes Mathew, "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 Land Development Code, as amended.


BACKGROUND:  The "Permittee" is desirous of obtaining a CIP (Commercial/Industrial Planned) zoning district to allow construction of a proposed mixed use development comprised of a residential, commercial and office development consisting of a maximum of 10 residential units, a professional office center on approximately 3,500 square feet and a commercial center of 20,000 square feet located at the southwest corner of Main Street and Canal Street, on a site with­in the City of Leesburg in accordance with their CIP application and supplemental information.


1.       PERMISSION is hereby granted to George and Lourdes Mathew 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, containing approximately 1.1 acres, shall be used for mixed use residential, commercial and office uses, pursuant to City of Leesburg development codes and standards.

A.      Residential Development

 1.       The project shall contain a maximum of 10 residential units on approximately 1.1 acres at a maximum density not to exceed 9.1 units per acre.


        2.       The development standards shall be those required for the CIP (Commercial/Industrial Planned) Zoning District of the Land Development Code. Development except as amended by these conditions.


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


        4.       Maximum building height shall not exceed three stories or 45 feet.


        5.        Permitted Uses:


            a.   Residential units;

b.   Accessory structures;

c.   Temporary [FAM2] modular sales center office and construction office not to exceed            one year from the approval of the final site plan or phase there of.

            d.   Model units may be used for sales center during the duration of the project.


  6.       Arrangement of buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of one (1) exterior exposure. Laundry facilities, including washing machines and clothes dryers shall be available for dwellings units on the premises for use by all occupants of the premises.


  7.       Maximum length. A building group may not be so arranged as to be inaccessible by emergency vehicles.


  8.       The following minimum project boundary setbacks shall be maintained:


            Front setback – 0 feet (W. Main Street);

            Rear setback – 20 feet; and

            Side setbacks – 0 feet east and west sides

            (Note: A maintenance easement will be required on the west property line unless an agreement with the adjacent property owner is reached regarding joint construction along the referenced property line)


   9.      The parking garage shall be located where visibility from W. Main St. and Canal St. is minimized as per the approved conceptual site plan.


  10.     Areas of the property not occupied by buildings or paving shall be landscaped and sodded.


                     11.     The impervious surface coverage shall be as permitted for the CBD core area.

         12.     Location of trash dumpsters, if applicable, shall be have buffers and screening and shall be approved by the staff during the site plan review process.


         13.    The external architecture of the buildings at a minimum shall incorporate the design elements required in Section 5.      DESIGN REQUIREMENTS. Variations with similar characteristics may be approved by the Community Development Director.

B.    Office and Commercial Development

                    1.        An office area of approximately 3,500 square feet and a commercial center of 20,000 square feet shall be development as shown on the conceptual plan. Final determination and location and design shall be approved during the Site Plan review process.


                    2.        Allowable uses shall be those uses as described in the CBD (Central Business District) 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 CBD (Central Business District) Zoning District of the Land Development Code. Development standards and setbacks may be adjusted by staff during the site plan review process.


                    4.        The gross leaseable area for the designated commercial areas shall be as permitted for the CBD core area.


                    5.        Maximum building height shall not exceed three stories or 45 feet.



6.        A pedestrian access shall be considered for access of residents to the office and commercial areas as part of the site plan approval process.


7.        Office development shall have limited access to W. Main Street and Canal Street with final design to be approved by staff during the site plan review process.

C.     Landscape areas shall be required as follows:

                    1.        Property lines on the north and east of the property adjacent to the public right-of-ways shall have landscaping that matches at a minimum the landscaping along W. Main Street in the down town core area. Final determination and location and design shall be approved during the Site Plan review process.

            D.    Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Planned Development Master Plan dated august 8, 2007 (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.


        2.       Implementation of the project shall substantially commence within 36 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 C-2 (Community Commercial) or another appropriate zoning classification less intense than the development permitted by these PD Conditions. 



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 shall be required prior to the approval of the final plan.

           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. Off site improvements required by the City shall include those necessary for the properties located immediately south of the project including all required infrastructure.

           I.       Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.



           A.      Vehicular access shall be provided from Magnolia Street. Actual location and design of the entrance shall be determined during the site plan review process and shall include consideration of sidewalks, etc.   

           B.      The Permittee shall provide their fair share of all necessary improvements/signalization within and adjacent to the development as required by FDOT, Lake County and City of Leesburg.

           C.      Sidewalks shall be provided along the streets adjacent to the development.  All sidewalks shall be constructed in accordance with City of Leesburg Codes.

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

           E.      The City of Leesburg will not be responsible for the maintenance or repair of any required sidewalk or street improvements. 

           F.      A traffic/transportation study, if applicable, shall be submitted prior to site plan approval for review and determination of any necessary improvements. Said improvements will be the responsibility of the Permittee.



     A.     Building frontages shall occupy no less than 75% of the street facing entrance.

              1.       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.


              2.       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.


3.        Storefront character. Commercial and mixed-use buildings shall express a “storefront character”. 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.


4.        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.

B.      Exterior building materials contribute significantly to the visual impact of a building on the community especially when in close proximity to the Central Business District. They shall be well designed and integrated into community character of the Historic District. 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 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 Community Development Director for compliance

C.      Other similar design variations meeting the intent of this section may be approved by the        Community Development Director.



           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 CIP 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 CIP 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.

    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[FAM3] 

                                                            Dr. Mathew Downtown     



Parcel #1


Lots 1 and 2 in Block 48 according to the Official Map of the City of Leesburg, recorded in Plat Book 2, Page 19, Public Records of Lake County, Florida, less and except that part of said Lot 1 bounded and described as follows: Beginning at the Northeast corner of said Lot 1, run South to the Southeast corner of said Lot 1; thence West 83 feet; thence North to a point on the North line of said Lot 1 that is 85 feet West of the Northeast corner of said Lot 1; thence East to the point of beginning.


Parcel #2


That part of Lot 1 in Block 48 according to the Official Map of the City of Leesburg,

recorded in Plat Book 2, page 19, Public Records of Lake County, Florida, bounded

and described as follows:

Beginning at the Northeast corner of said Lot 1, run South to the Southeast corner

of said Lot 1; thence West 83 feet; thence North to a point on the North line of said

Lot 1 that is 85 feet West of the Northeast corner of said Lot 1; thence East to the

point of beginning.  Less and except the East 10 feet thereof.



            Alternate Key# 1265088, 1265096

            1.1 +/- acres

























                                                              Conceptual Site Plan                                        Exhibit C
















































                                                            Conceptual Elevations                     Exhibit D





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

 [FAM2]Do you want to define or limit the “temporary” nature of this use?

 [FAM3]This reference is redundant since the document itself is      Exhibit “A”