Item No: 5.B.3.
Meeting Date: January
28,
2013
From: Bill Wiley, AICP, Community Development Director
Subject: Ordinance
for rezoning for Norhen Properties, Inc. property from County R-6 (Urban
Residential) to City PUD (Planned Unit Development)
Staff
Recommendation:
The
Planning staff and the Planning Commission recommend approval of the proposed
rezoning for the subject property from County R-6 (Urban Residential) to City
PUD (Planned Unit Development).
Analysis:
The project site is approximately 8.5 acres. The property is generally located on the west
side of U.S. 27, north Palm Drive and west of Connell Road, as shown on the
attached General Location Map. The present zoning for this property is County
R-6 (Urban Residential). Currently, the property is undeveloped except for some
single family rentals. The proposed use
is for a commerce park. The surrounding zoning of adjacent properties is County
RMRP (Mobile Home Rental Park) and County C-2 (Community Commercial) on the
north, County R-6
(Urban Residential) on the
south, City P (Public), City C-3 (Highway Commercial), County CP (Planned
Commercial), City PUD (Planned Unit Development) and County C-1 (Neighborhood
Commercial) on the east, and County R-6 (Urban Residential) and County RMRP
(Mobile Home Rental Park) on the west. The proposed Land Use designation for
the subject property is City Low Density Residential.
The proposed zoning district of City PUD
(Planned Unit Development) is compatible with the adjacent and nearby
properties in the area and with the proposed future land use designation of City General Low Density Residential.
The existing land uses surrounding the
property are undeveloped, commercial, single family homes and County EMS repair
facility.
Future development of the property
requires City utilities.
By
a vote of 6 to 0 on December 20, 2012, the Planning Commission voted to recommend
approval of the proposed request.
Options:
1. Approve the proposed rezoning to City PUD (Planned Unit
Development) thereby allowing consistent zoning and development standards for
this area.
2. Other
such action as the Commission may deem appropriate.
Fiscal Impact:
There
is a positive fiscal impact to the City through the further development of this
property.
Submission Date and Time: 1/23/13 5:58 PM____
|
Department: Community
Development Prepared by: Bill Wiley, AICP Attachments: Yes__X_ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney
Review : Yes_X_ No ____ _________________________________ Revised |
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
BE IT ENACTED
BY THE PEOPLE OF THE CITY OF
Section 1.
Based upon the petition of Norhen
Properties, Inc., the petitioner of an
approximate 8.5 acre 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 R-6 (Urban Residential) to City PUD
(Planned Unit Development), zoning district subject to conditions
contained in Exhibit A, to-wit:
Legal Description
(See EXHIBIT
B)
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 ,
2013.
THE CITY OF LEESBURG
By: _________________________________
Mayor David Knowles
ATTEST:
___________________________________
Betty
Richardson, City Clerk
CASE #: RZ-12-141 EXHIBIT A
(See 034-1-061611)
NORHEN PROPERTIES, INC.
GARCIA PROPERTY ASSISTED
LIVING FACILITY
REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
December
20, 2012
These Planned
Development Conditions for a PUD
(Planned Unit Development) District
are granted by the City of Leesburg Planning
Commission, Lake County, Florida to Norhen Properties, Inc, "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 PUD (Planned Unit Development) zoning
district to permit an assisted
living facility on an approximately 8.5
acres site within the City of Leesburg in
accordance with their Planned Development application and supplemental
information.
1. PERMISSION
Permission is hereby granted to Norhen Properties, Inc. to operate, and maintain a PUD (Planned Unit Development) development in and on real property in the City of
Leesburg. The property is generally located on the west side of U.S. 27,
north Palm Drive and west of Connell Road.
The property is more particularly described as shown in the attached legal
description.
2. LEGAL DESCRIPTION:
See Exhibit B.
3. LAND
USE
The above-described property, containing approximately 8.5
acres, shall be used for an assisted living facility at seven (7) units per
gross acres 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 Nov. 3, 2012.
2) Permitted
Uses shall be as follows:
a. Assisted
living facility development
and
associated uses with fifty-one (51) units or 306 assisted living residents (six residents equal one unit).
3) Uses
prohibited shall be as follows:
a. Commercial and industrial uses
b. Any other similar
uses which are not considered office or commercial in character or intensity which may adversely impact the adjoining properties
do to traffic, noise, dust, etc.
B. Area
The Impervious surface coverage for this
site shall not exceed seventy (70) percent of the gross site area.
C. 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 will
be from C.R.25A
and US 27 through the adjacent property to the east. Any additional access shall be subject to the City of Leesburg PUD
amendment and site plan application review process.
5. DESIGN REQUIREMENTS
A.
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.
B. Other
similar design variations meeting the intent of this section may be approved at
the discretion of the Community Development Director.
6. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for
the PUD district except as amended by these conditions and may limit the
permitted uses based on site plan requirements.
B. Minimum
building setbacks shall be fifty (50) feet
from the property boundaries.
C. Maximum building height
for residential structures shall not exceed two (2) stories or 30 feet adjacent
to single family residential areas except that for each two (2) foot of
additional setback from the required setback, an additional one (1) foot of
height above two stories shall be permitted not to exceed three (3) stories or
thirty-five (35) feet.
D. A wildlife/archaeological 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 management plan shall be submitted to the City as part of the
preliminary plan application. The Permittee shall designate a responsible legal
entity that shall implement and maintain the management plan.
E. The permittee shall construct off-street
parking spaces within the development pursuant to the City of Leesburg Code of
Ordinances, as amended, which shall include the required number of handicapped
parking spaces.
7. WETLANDS
A. All 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.
B. Buildings or structures
shall be a minimum of 50 feet from any wetland jurisdiction boundary.
C. 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.
D. Land uses allowed within the
upland buffers are limited to stormwater facilities as permitted by St. Johns River Water Management District.
E. 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.
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 shall be required.
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
IMPROVEMENTS
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 approval by City staff during the development
review and permitting process.
B. Vehicular access to the project site shall
be provided by County Road 25A and US 27 for both primary and emergency access through the adjacent
property to the east. The accesses shall
be a two lane divided boulevard
type entrance road. Any other potential accesses such as to adjacent properties 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 Lake County, the MPO and City of Leesburg.
D. All roads within the development shall be
designed and constructed to meet the City of Leesburg requirements.
E. The Permittee shall be responsible for
obtaining all necessary Lake County permits and a copy of all permits shall be
provided to the City of Leesburg prior to site plan approval.
F. 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.
G. A traffic/transportation study shall be
submitted prior to site plan approval for review and determination of any
necessary access improvements, including any off site improvements required by
Lake County, the MPO or the City of Leesburg. Said improvements will be the
responsibility of the Permittee.
H. The development shall dedicate to the city
at its northeast corner a sufficient easement as needed to facilitate the
development of an approved adjacent 40 foot easement for a multi-purpose trail,
he including utilities, drainage, amenities etc. This easement shall be dedicated
to the City upon platting and/or site plan approval of the property. If the
City’s trail system is developed adjacent to the required trail easement and
the project has not completed all of its building construction, the developer
will be required to complete construction of the required trail section.
However, if the City’s completed trail has not reached the proposed trail
section, the developer shall escrow funds to the City for the cost of the
improvements as determined by their engineer and approved by the City.
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
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. In
addition, development of a required buffer on the west and north property lines
shall include an (8) foot high PVC fence with
decorative posts and caps as seen on Exhibit D with landscape canopy trees installed along the property lines on the
development as a visual buffer to adjacent residential properties.
C.
Variations to the landscape requirements of the code may be approved by the
Community Development Director as long as the intent of the PUD and the
Landscaping Code are maintained including consideration of existing fencing on adjacent properties and existing
natural vegetative buffers.
11. MAINTENANCE
A. With the
exception of public utilities, 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 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 PUD have not been substantially 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
property to another appropriate zoning classification.
13. 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
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 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
PUD 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.
14. 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
Alternate Keys
#: 3275209 & part of 1293952
CONCEPTUAL
SITE PLAN
EXHIBIT C
CONCEPTUAL
FENCING EXHIBIT D 
