Item No: 5A.
Meeting Date: December 10, 2012
From: Bill Wiley, AICP, Community Development Director
Subject: Public hearing to adopt an ordinance for the Comprehensive Plan 2035 in incorporating the required Evaluation and Appraisal Report (EAR) amendments and the Florida Department of Economic Opportunity (FDEO) Objections, Recommendations and Comments Report (ORC)
Staff and the Planning Commission request the City Commission approve an adoption ordinance for the Comprehensive Plan 2035 update and Future Land Use Map with required amendments.
Florida Statutes require the City of Leesburg to prepare every seven years an Evaluation and Appraisal Report (EAR) regarding its adopted Comprehensive Plan, and to implement certain changes to the Comprehensive Plan based on that Report. The City completed its (EAR) and submitted it to the Florida Department of Economic Opportunity (FDEO) and received their review comments and recommendations on February 24, 2010. The City Commission on August 13, 2012 transmitted on first reading the draft Comprehensive Plan ordinance amendment incorporating the EAR revisions. On October 23, 2012, the FDEO’s Objections, Recommendations and Comments Report (ORC) was received with minimal recommendations. The ORC changes have been incorporated into the final ordinance which is recommended for adoption. An Executive Summary is attached providing for additional information.
1. Approve the adoption ordinance for the Comprehensive Plan 2035 update and Future Land Use Map with required amendments and forward to the Florida Department of Economic Opportunity (FDEO).
2. Other such action as the Commission may deem appropriate.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head __BW_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
City of Leesburg
Comprehensive Plan 2035
Summary of Amendments Proposed to Meet Objections, Recommendations
& Comments of Florida State Land Planning Agency
The Florida Department of Economic Opportunity reviewed the proposed amendments to the City’s Comprehensive Plan and made a limited number of comments and recommendations, together with one objection. In addition, comments were received from the Florida Department of Transportation and Florida Department of Education.
In response to these comments, a limited number of amendments are proposed to be made to the comprehensive plan, primarily to the Future Land Use Element to provide densities and intensities for specific Future Land Use categories that had not previously been included within the policies. In summary these are:
The Transitional land use category allows the transition of older residential areas to a combination of residences and restricted professional business services and low intensity commercial uses provided the change is compatible with the surrounding neighborhood and adjacent to a major roadway. A density of up to 4 units per acre is proposed which is in keeping with existing development.
Downtown Mixed Use
This small area is located within the historic downtown of Leesburg. A maximum gross residential density is 25 units/acre is proposed, together with a breakdown of permitted uses and percentages on those uses in order to provide a balance of uses within the area. The three identified land use categories are:
A. Commercial office, retail sales and service, restaurants
B. Residential townhomes/villas, apartments/condominiums, multi-family residential, single family residential. Residential dwellings shall be permitted above commercial, office or civic uses or attached to a commercial, office or civic building.
C. Government, civic, institutional or recreational.
Industry and Technology Commerce Park (ITCP)
This mixed-use land use category is intended to encourage industrial and commercial development on larger tracts, but also permits limited residential. A maximum of six (6) dwelling units per acre is proposed, together with a breakdown of permitted uses and percentages on those uses within a site. The three identified land use categories are set out below, with the maximum use being Category A (up to 90% of a site).
A. Commercial office, industrial, retail sales and service, restaurants
B. Residential townhomes/villas, apartments/condominiums, multi-family residential. Residential dwellings shall be permitted above commercial, office or civic uses or attached to a commercial, office or civic building.
C. Government, civic, institutional or recreational.
Florida Department of Transportation
The comments received from FDOT comprised 3 main elements:
· Densities & intensities of Future Land Use categories.
· Transportation Analysis & updates to Capital Improvements.
· Level of service standards for multi-modal transportation.
In response to the first item, the changes to Future Land Use policies are set out in the above section. In addition amendments have been made to the Housing Element which reflect these changes and which provide an updated analysis of the potential number of residential units which may be accommodated on vacant lands. For the purpose of this analysis, (as agreed with State officers) a mid range of the minimum and maximum percentages is utilized.
In response to the second item, Lake Sumter MPO undertook an updated transportation analysis. A revised analysis table and updates to the data and analysis, and policies are included within the Transportation and Capital Improvements Elements. In summary, the Central Florida Regional Planning Model (CFRPM) version 5.0 was used to project traffic volumes to the plan horizon year 2035. The most recent data available was used in place of the 2005 base year model data. In the case of state roads, 2011 is the most recent data. For county and city roads, 2012 volumes collected by the Lake-Sumter MPO were used.
The changes made to the FLUM result in an overall net reduction in potential future trip generation. Therefore the volumes projected may be slightly overstated in a few areas. All functionally classified roadways are included in the analysis, including the two segments of Florida’s Turnpike that are within the city limits.
In response to the third item, the multi-modal level of service standards are consistent with the MPOs long range transportation plan goals and objectives as well as Lake County’s adopted Transit Development Plan (TDP). The TDP is undergoing a major update and will reflect the needs of the City of Leesburg within the confines of the City’s projected needs and financial constraints of plan. The City has no control over headways or number of transit vehicles in service. However, that will certainly change in the future when the MPO becomes a Transportation Management Area. At that time, the City will be in a position to revise the level of service standards. Until then, the City will continue to work with the County, MPO, and FDOT to address capacity issues on all roadways within the City limits.
However, new policies have been provided by Lake Sumter MPO to address FDOT’s concerns regarding pedestrian facilities and transit. These are included within the Transportation Element and set out below.
Policy 1.3.12: The City will work with Lake County to implement the County’s newly adopted ADA Transition plan to bring the pedestrian network within the City up to ADA standards. The plan identified and prioritized needed retrofits of existing infrastructure and gaps in the sidewalk network that need to be closed.
Policy 1.3.13: Partner with Lake County, the MPO and FDOT to pursue funding opportunities to improve the pedestrian network.
Policy 1.3.14: The City will continue to work with Lake County Transit to implement the Lake County Transit Development Plan and its subsequent updates, and will strive to improve transit level of service through increased frequency of service and hours of operation as funding and need become available.
Policy 1.3.15: The City will partner with Lake County, the MPO and FDOT to pursue funding opportunities to improve the transit network.
Florida Department of Education
The FDOE expressed concern that the proposed amendments to the plan did not show evidence of coordination with Lake County school district and therefore had the potential to create adverse effects on public school facilities.
The City has a continuing coordination process with Lake County school district and a response to FDOE’s comments is attached at Appendix A. In addition, the Capital Improvement Element has been amended by adding back to Policy 1.2.3 (Capital Improvements Element) the LOS for schools to comply with F.S. 163.380.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN TO IMPLEMENT THE RECOMMENDATIONS OF THE CITY’S EVALUATION AND APPRAISAL REPORT, ALONG WITH COMMENTS RECEIVED FROM THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY IN ITS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT; ADDING OR ADOPTING REVISIONS TO THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, POTABLE WATER, SOLID WASTE, DRAINAGE, AQUIFER RECHARGE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERMENTAL COORDINATION, CAPITAL IMPROVEMENTS, AND AVIATION ELEMENTS OF THE COMPREHENSIVE PLAN, AND DELETING THE PUBLIC SCHOOL FACILITIES ELEMENT; ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN ARISING FROM CHANGES RESULTING FROM THE 2010 CENSUS; UPDATING THE FUTURE LAND USE MAP; CREATING NEW LAND USE DESIGNATIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Leesburg, Florida, on September 22, 2003, by Ordinance Number 03-90, adopted a Comprehensive Plan which incorporated a Future Land Use Element setting forth the goals, objectives, and policies to guide and direct future development and growth to the year 2020; and
WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the citizens of the City of Leesburg, to adopt a new Comprehensive Plan to govern land use and development through the year 2035.
NOW THEREFORE, BE IT ENACTED BY THE
PEOPLE OF THE CITY OF LEESBURG, FLORIDA
Florida Statutes require the City of Leesburg to prepare every seven years an Evaluation and Appraisal Report (EAR) regarding its adopted Comprehensive Plan, and to implement certain changes to the Comprehensive Plan based on that Report. The City completed its (EAR) and submitted it to the Florida Department of Economic Opportunity (FDEO) and received their review comments and recommendations on February 24, 2010. The City Commission on August 13, 2012 transmitted on first reading the draft Comprehensive Plan amendment incorporating the EAR revisions. On October 23, 2012, the FDEO’s Objections, Recommendations and Comments Report (ORC) for Amendment 12-1ER were received. The ORC has been incorporated into the final amendment which is now at the stage where it is appropriate to adopt changes to the actual Comprehensive Plan based on the Report and other factors.
The City of Leesburg 2035 Comprehensive Plan and Future Land Use Map, as amended and attached hereto and incorporated herein, is hereby ordained and adopted as the City of Leesburg’s Comprehensive Plan through the year 2035, in the form attached as Exhibit “A” hereto.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.
The effective date of this Ordinance shall be the date the state land planning agency issues a final order determining the Comprehensive Plan, as attached hereto and amended prior to this Ordinance becoming effective, to be in compliance with Chapter 163, Florida Statutes, or the date the Division of Administrative Hearings issues a final order determining the adopted 2035 Comprehensive Plan to be in compliance with Chapter 163, Florida Statutes, whichever occurs first.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 10th day of December, 2012.
THE CITY OF LEESBURG
Comp Plan Document