MEETING DATE:   October 13, 2008


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance for rezoning for Leesburg Church of God in Christ from County RP (Residential Professional) to City SPUD (Small Planned Unit Dev.)



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County RP (Residential Professional) to City SPUD (Small Planned Unit Development).



The project site is approximately 1.62 acres.  The property is generally located on the east of C.R. 468, north of Montclair Road, adjacent to Park Circle, as shown on the attached General Location Map. The present zoning for this property is County RP (Residential Professional).  Currently, the property is undeveloped and the proposed use is a thrift shop for the church. The surrounding zoning designations are City R-2 (Medium Density Residential) to the west, City R-3 (High Density Residential) to the north, east and south, along with County RP (Residential Professional) to the south.


The proposed zoning district of SPUD (Small Planned Unit Development) is compatible with adjacent and nearby properties in the area and with the existing City future land use designations of High Density Residential, Low Density Residential and County Urban.


The existing land uses surrounding the property are single family residential, multi-family residential, undeveloped and a church.


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 to City SPUD (Small Planned Unit Development), thereby allowing consistent zoning and development standards for the area.

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


Fiscal Impact:

There is no fiscal impact to the City.


Submission Date and Time:    10/24/2008 6:02 PM____


Department: Community  Development

Prepared by:  Bill Wiley, AICP                  

Attachments:         Yes_X___   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X__  No ____



Revised 6/10/04


Reviewed by: Dept. Head ___BW_____


Finance  Dept. __________________                                     


Deputy C.M. _________EFS_______                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________













































Section 1


Based upon the petition of Leesburg Church of God in Christ (Pastor Lonnie Smith), 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 from County RP (Residential Professional) to City SPUD (Small Planned Unit Development) zoning district, subject to conditions contained in Exhibit A, to-wit:


(See Exhibit B for Legal Description)


            Alternate Key Number: 1173817


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 #:067-1-092508                                                                                                       EXHIBIT A



                                        LEESBURG CHURCH OF GOD IN CHRIST


                                       PLANNED DEVELOPMENT CONDITIONS

                                                               September 25, 2008


These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Leesburg Church of God in Christ, "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" has submitted an application requesting a SPUD (Small Planned Unit Development) zoning dis­trict to permit a Place of Worship accessory uses such as a church thrift shop, youth center, adult care, child care, educational center and assisted living facility uses on an approxi­mately 1.5 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.



          Permission is hereby granted to Leesburg Church of God in Christ to operate, and maintain a SPUD (Small Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located east of C.R. 468, north of Montclair Road, adjacent to Park Circle. The property is more particularly described as shown in the attached legal description below.



          See attached legal Exhibit B


3.       LAND USES

          The above-described property shall be used for SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.

A.             Uses

                    1)       Uses shall be those listed as permitted uses in this document and shall          occupy the approximate area as shown on the Conceptual Plan dated April 21, 2008.


                    2)       Permitted Uses shall be as follows:

                              a.       Place of Worship and associated uses such as a church thrift shop, youth center, adult care, child care, educational center and assisted living facility.

                              b.       Office uses in conjunction with the Place of Worship.

                              c.       Vehicular parking in conjunction with the above uses.


                    3)       Uses prohibited shall be as follows:

                              a.      All other uses not specifically listed herein

          B.       Area  

The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.


          C.       Open Space

A minimum of twenty (20) 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 property is currently from C.R. 468. If additional access is requested, approval shall be subject to the City of Leesburg SPUD amendment and Site Plan Application review process.



          A.      The minimum development standards shall be those required for the SPUD district except as amended by these conditions.


B.           All operations shall be carried on entirely within an enclosed structure, except as permitted under accessory uses of Section 25-284, City of Leesburg Code of Ordinances, as amended.


C.          No outdoor storage areas shall be permitted. 


D.         Areas of property not occupied by structures or paving shall be grassed, landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.


6.       PARKING

A.             The permittee shall construct off-street parking spaces within the property per the conceptual site plan,  pursuant to the City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces. 


7.       WETLANDS

A.      Wetlands do not appear to exist on the site. However, 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).



          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 removal, renovation or demolition of any existing development on the site, the per­mittee shall provide:


                     1)      A detailed site plan demonstrating no direct dis­charge of storm­water 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.      Development of the property shall require a traffic study for potential transportation improvements such as but not limited to signalization, signage or turn lanes. Any required improvements shall be contingent upon the site plan approval by City of Leesburg staff during development review/permit application. All required transportation improvements shall comply with regulations of the City of Leesburg, Lake County, the Florida Department of Transportation and the MPO review, as applicable.


          B.      The Permittee shall provide all necessary improvements/paving/turn lanes/right-of- way/signalization within and adjacent to the development including but not limited to  right-of-way as required by Lake County or the City of Leesburg.




          A.      All landscaping and buffering shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances including;

                     1)      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.

a.   Two (2) canopy trees

b.   Two (2) ornamental trees

c.   Thirty (30) shrubs

d.  The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.

               e.   Existing vegetation in the required buffer shall be protected during                                             construction.



                   A.      With the exception of public utilities and sidewalks, maintenance of all site im­provements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.


         12.      DEVELOPMENT PHASING

                    A.      The proposed project may be constructed in phases in accordance with the Small Planned Unit Development Conditions and Conceptual Plan. 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 36 months of approval of this Planned Development.  In the event, the conditions of the SPUD have not been substantially implemented during the required time period, the SPUD 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 SPUD approval or rezone the property to R-3 (High Density Residential) or another appropriate zoning classification less intense than the development permitted by these SPUD 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 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 SPUD 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 SPUD 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.



As submitted, the proposed zoning change does not appear to 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 (site plan and 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



That part of Section 21, Township 19 South, Range 24 East, Lake County, Florida described as follows:

Begin 1,575.8 feet South and 324.65 feet East of the Northwest corner of the Northeast ¼ of the Northwest ¼ of Section 21, Township 19 South, Range 24 East, Lake County, Florida, for the  Point of Beginning; run thence North 445.54 feet to the Point of Beginning.


Together with an easement for ingress and egress as shown in Deed Book 362, Page 449, Public Records of Lake County, Florida described as follows:

From the Northwest corner of the Northeast ¼ of the Northwest ¼ of Section 21, Township 19 South, Range 24 East, Lake County, Florida, run South 0°12’00” West along the West boundary of the Northeast ¼ of the Northwest ¼ 1,783.57 feet to the Point of Beginning; run thence South 89° 52’30” East 324.65 feet; run thence South 0° 07’30” West 30 feet; run thence North 89° 57’30” West 324.65 feet; thence North 0°12’00” East 30 feet to the Point of Beginning.


Parcel I.D. #: 211924000200008400

































EXHIBIT C                                                                               CONCEPTUAL SITE PLAN