AGENDA MEMORANDUM

 

 

MEETING DATE:   April 27, 2009, Revised May 6, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Park Place Townhomes from City R-3 (Highway Commercial) to City SPUD (Small Planned Unit Development)

 

 

Staff Recommendation: 

The Planning Staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-3 (Highway Commercial) to City SPUD (Small Planned Unit Development).

 

Analysis:

Minor changes to the conditions have been made per Fred Morrison review. The project site is approximately 5.78 acres. The subject property is currently 59 vacant apartment units.  The property is generally located on the southwest corner of C.R. 468 and Schoolview Road as shown on the attached General Location Map. The City’s intention is to completely refurbish the units to allow for 56 fee simple townhome units for sale as affordable housing.  The City of Leesburg Housing and Economic Development Department pursued and the City of Leesburg was  awarded funding through various local and private grants. These actions enabled the City to move forward with the proposed renovation of the site.  The proposed rezoning  significantly improves the site for both the benefit of the future residents of Park Place Townhomes and property owners surrounding the subject property.

 

The present zoning for this property is City R-3 (Highway Commercial). The surrounding zoning designations are City R-2 (Medium Density Residential) and County RP (Residential Professional) to the north, County RP (Residential Professional) to the south, County RP (Residential Professional) and City R-3 (High Density Residential) to the east and City P (Public) to the west.  The surrounding future land use designations are City High Density and County Urban to the north, County Urban to the south, City High Density & County Urban to the east and City Institutional to the west.

 

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

 

The existing land uses surrounding the property are undeveloped and single family residential to the north, single family residential to the south, undeveloped, church and multi-family residential units to the east and a school to the west.

The property is connected to City utilities.

 

By a vote of 5 to 0 on March 19, 2009, the Planning Commission voted to recommend approval.

 

Options:        

1.         Approve the proposed rezoning to City SPUD (Small Planned Unit Development) thereby allowing consistent zoning and development standards for this transition 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:    5/6/2009 12:41 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. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 5.78 ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF C.R. 468, LYING IN SECTION 21, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A;  AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

 

Based upon the petition of Ken L. Thomas on behalf of the City of Leesburg, the petitioner 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 R-3 (High Density Residential) 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: 2808284

 

 

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                                          , 2009.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 


CASE #:010-1-031909                                                                                              EXHIBIT A

 

                                                                       

                                                             CITY OF LEESBURG

PARK PLACE TOWNHOMES

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                            March 19, 2009 Revised

 

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 the City of Leesburg

(Park Place Townhomes), "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 townhome development with accessory uses as permitted by these conditions on an approxi­mately  5.91+/- acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to the City of Leesburg 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 west of County Road 468, south of Schoolview Street and north of Pruitt Street. 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 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 September 23, 2008.

                             

                    2)       Permitted Uses shall be as follows:

                              a.   Single-family residential townhomes with accessory uses for the approximate area as shown on the Conceptual Plan.

                   

          B.       Uses prohibited shall be as follows:

                              a.   All uses except as permitted by these conditions.

                               

          C.       Area  

The Impervious surface coverage for this site shall not exceed seventy (70) percent of the gross site area.

 

          D.      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 property is currently from Schoolview Street with a possible emergency access from County Road 468 to the east of the property. The possible additional access shall be reviewed during site plan review process.

 

5.       DEVELOPMENT STANDARDS

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

         

B.           All trash containers shall be stored at the rear of the townhouse on a concrete slab not visible from the street.

 

C.          No outdoor storage buildings or 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 have 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 handicapped parking spaces. 

 

7.       WETLANDS

A.      No wetlands exist on the property. Wetlands shall comply with the following requirements. 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).

 

8.       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 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.

 

9.       TRANSPORTATION

          A.      Permittee shall make all transportation improvements as required by Lake County, the MPO and the City of Leesburg.  Construction of improvements shall be contingent upon subdivision plan approval by City of Leesburg staff during development review/permit application. 

 

          B         A transportation study waiver may be requested from the MPO exempting the project based on the existing status of the property and substantiation of minimum change in traffic impacts.        

                   

10.     LANDSCAPING AND BUFFER REQUIREMENTS

          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.

B.       All landscaping and landscaping improvements shall be constructed and installed within the Park Place project pursuant to a landscaping plan adopted by Declarant. All landscaping shall be installed within the specified areas. After the initial plan landscaping has been fully implemented by the Declarant, all landscaping maintenance and repair shall be undertaken by the Park Place Association.

 

 

11.     COMMON PROPERTY MANAGEMENT & MAINTENANCE

          A.      Prior to final site plan approval, a responsible legal entity shall be created by the developer, for the maintenance of the property, including stormwater management system, roadways and parking/driveway areas, and all other common property. Membership in that legal entity shall be made mandatory on the part of each owner of any portion of the property and the entity and membership requirements shall be included in a set of restrictive covenants recorded in the Public Records of Lake County, Florida, prior to final plat or site plan approval. Those covenants shall also specify minimum property maintenance procedures for both common property and privately owned property within the development shall provide a mechanism by which the responsible entity can assess all owners for, and collect, sufficient funds to discharge it’s duties and shall impose such other conditions as are deemed acceptable to the City of Leesburg Community Development Department, shall grant enforcement authority to the City of Leesburg in the event the entity fails to require proper maintenance of the property and common areas, and shall provide for recovery of attorneys’ fees in any action by the City to enforce the covenants.

 

B.      Should the entity formed by the developer allow the condition of the development or any portion thereof to violate the standards imposed by the recorded covenants, or to become such that recurrent complaints are filed with the City’s Code Enforcement office, the City may take action to enforce the covenants through any legal or equitable remedies available, including but not limited to temporary and permanent injunctive relief, and shall be entitled to recover its reasonable attorneys’ fees and court costs in so doing.

 

          C.       With the exception of public streets, utilities and sidewalks, maintenance of all site im­provements, including but not limited to streets, drives, internal sidewalks, landscaping and drainage shall be the responsibility of the responsible legal entity.

                   

                    D.     A "General Common Element” means a portion of the common property, intended for the general use of all of the Owners and not platted as a part of any individual townhome unit to be conveyed to a unit owner in fee simple. The following portions of the Property,  are designated as General Common Elements and shall be conveyed to the Association; however this list is not all inclusive and does not limit the general statements which precede it:

 

1)       The access and utility easements identified as belonging to the Association asdesignated on the Plat and privately shared accessways within the Property, including the “Access and Utility Easements";

 

2)       All sidewalks, curbs, gutters, drainage systems, mailboxes, any lateral water and sewer lines, retaining walls, common parking areas (if any), and community facilities;

 

3)       All roofs and exteriors of buildings; and

 

4)       All landscaped areas.

 

12.      DESIGN REQUIREMENTS

           A.      Residential Development

1)       Building Design Features         

           a.   All buildings where possible shall utilize at least three of the following design features as part of the restoration to provide visual relief along all elevations of the building:

                                                                    i.            Dormers

                                                                  ii.            Gables

                                                                iii.            Recessed entries

                                                                iv.            Covered porch entries

                                                                  v.            Cupolas

                                                                vi.            Pillars or posts

                                                              vii.            Bay window (minimum 12 inch projections)

                                                            viii.            Eaves (minimum 6-inch projections)

                                                                 ix.            Repetitive windows with minimum 4-inch trim.

          

B.      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 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.      Design review of the construction of the infrastructure improvements for the Project and the construction of Townhomes shall be submitted to and approved in writing by the Park Place Association consistent with the Land Use Declaration and any design guidelines that may be adopted from time to time.  Following the initial construction of Townhome improvements, no exterior addition to or change or alteration to a Townhome shall be made until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same have been submitted to the Park Place Association for approval in writing as to harmony of external design and location in relation to surrounding structures and topography.

 

The applicant shall first submit the plans and specifications for the proposed addition or alteration to the Association for review. After reviewing such plans and specifications, the Association shall adopt a resolution recommending that the applicant’s proposed addition or alteration be approved or disapproved. The applicant shall then submit the plans and specifications to the City of Leesburg Building Division for review and final approval or disapproval.

 

           D.     Other Features

 

1)       Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.

 

 

         13.      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 another appropriate zoning classification less intense than the development permitted by these SPUD Conditions

 

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 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.

           F.      In light of fire safety considerations, no parking shall be permitted along access streets within the Property except in the designated common parking spaces.

           G.     No exterior radio, television, microwave or other antennae or antennae dish, satellite dish or signal capture or distribution device shall be permitted or installed on the Property. Notwithstanding the foregoing, the Declarant and/or Association may, in its discretion, install a satellite dish for use as a general common element by all Unit Owners.

           H.     No mobile home, trailer, automobile, boat, truck pickup, camper, or other vehicle may be used for temporary or permanent sleeping or living purposes. Overnight parking or storage of recreational vehicles, mobile homes, trailers, campers or boats shall not be permitted on the Property, including any additional parking spaces. The Association shall have the right to remove or tow away any vehicle that is parked within or on the Road. The cost for any removal or towing shall be charged to the responsible Owner.

           I.       All garbage and trash shall be dealt with consistent with the Land Use Declaration. Trash removal shall be managed by the Association and the cost thereof shall be a Common Expense. Each Owner shall store trash in accordance with the rules and regulations promulgated by the Association, if any. The Owner of any Unit subject to these covenants shall keep the premises free of trash, refuse, or debris of any kind, whether said Unit is vacant or occupied.

           J.       Except for common household pets, no livestock, poultry, or exotic animals may be kept on the property unless with the permission of the Board of Directors. Dogs shall be inside dogs. No dog-runs shall be permitted, and all applicable leash laws strictly followed. There shall be no more than two cats or two dogs and no combination of cats and dogs greater than three in number. No pets shall be bred, or maintained for commercial purposes. No animals shall be allowed to run free, or to otherwise constitute a nuisance to any other Unit Owners and Owners shall "clean up" after their pet at all times and in all places within the Project. The Owner of any animal shall at all times be personally liable and responsible for all actions of such animals and any damage caused by such animal.

           K.     The Owner of any Unit shall keep his or her Unit in a clean and sanitary condition, and shall do all interior redecorating and painting which may at any time be necessary to maintain the good appearance and condition of the Unit. If the Unit Owner fails to maintain the interior of his or her Unit, (and Limited Common Elements allocated to the Unit), in good repair, the Board of Directors may give the Owner written notice of the needed maintenance or repair. If said maintenance or repair is not completed by Owner within 30 days of the mailing of such notice, the Board of Directors, at its option, may obtain an injunction against the Owner to force completion of the needed work. In the alternative, the Board of Directors may contract with a third party for the needed work and assess the cost of same against the Owner pursuant to the assessment provisions contained herein.

           L.      No activities shall be allowed or conducted on the property which are or might be unsafe or hazardous to any person or property, nor shall any inherently unsafe or hazardous materials be stored on the property.

           M.     Abandoned or inoperable automobiles, recreational vehicles, or motor vehicles of any kind, shall not be stored or parked within the property. Abandoned or inoperable vehicles shall be defined as any vehicle which either is incapable of legal operation upon a public highway or has not been driven under its own propulsion for a period of 14 days or longer. The Association shall have the right to remove or tow away any vehicle that is parked within or on the Road. The cost for any removal or towing shall be charged to the responsible Owner.

           N.     No signs, billboards, posterboards, or other advertising structure of any kind shall be erected or maintained for any purpose whatsoever except such signs as have been approved by the Association and are in compliance with the restrictions imposed by the Land Use Declaration. All permitted signs located on the Property shall comply with applicable local sign codes. Declarant, at its discretion, may erect promotional signs and ordinary real estate "For Sale" signs.

           O.     No improvements or structural alterations, including changing the exterior color, configuration or facade constructed on any unit, shall be made except only as approved by the Association Board of Directors, and shall be consistent with any applicable rules and regulations as contained in the Land Use Declaration. For purposes of this Declaration, improvements shall mean any changes, alterations, modifications or improvements to buildings, structures, fencing, parking areas, walls, plantings, driveways, walkways, signs, balconies, and any change in exterior color of the town home. Any proposed improvements, landscaping or alterations to any unit shall match the appearance, color, and materials of the other units and landscaping within the property. The Board of Directors shall be obligated to answer any written request by an owner for approval of a proposed structural addition, alteration or improvement within 60 days after such request, and failure to do so within the stipulated time shall constitute approval by the Board of Directors of such proposed structural addition, alteration, or improvement.

           P.      All units shall be used exclusively for single family residential purposes only and shall not be used for any business, manufacturing, or commercial purpose whatsoever; provided, however, if the appropriate zoning or land use approval so allows and if prior written approval of the Association is obtained, an Owner may use a specifically designated portion of his or her unit as a home business or office. A home occupation may be carried on provided it meets the Zoning Code and:

1)      That the business or commercial usage does not interfere with the residential character of the dwelling or neighborhood, and is secondary to use as a dwelling place;

2)      That the proposed usage causes no undue parking, traffic or telephone problems;

3)      That such usage exhibits no outward appearance of business or commercial use;

4)      That no more than one (1) person not in permanent residency at the unit is employed in connection with such business be on the property at one time.

 

15.      CONCURRENCY

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

 

 

All of Kristen Subdivision as recorded in Plat Book 27, page 55 of the Public Records of Lake County, Florida, being a portion of Section 21, Township 19 South, Range 24 East of Leesburg, Lake County, Florida.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                               EXHIBIT C