AGENDA
CITY COMMISSION MEETING
COMMISSION CHAMBERS, CITY HALL
MONDAY, JANUARY 14, 2008 5:30 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1. PRESENTATIONS: None
2. PROCLAMATIONS: None
3. CONSENT AGENDA:
Routine items are placed on the Consent Agenda to expedite the meeting. If the
Commission/Staff wish to discuss any item, the procedure is as follows: 1) pull the items(s)
from the Consent Agenda; 2) vote on items remaining with one roll call vote, 3) discuss each
pulled item and vote by roll call
A. CITY COMMISSION MEETING MINUTES:
1. Regular meeting held December 10, 2007
2. Regular meeting held December 17, 2007
3. Organizational meeting held January 7, 2008
B. PURCHASING ITEMS:
1. Award of bid number 80031 to Altec Industries, Inc. for the purchase of one 55
foot aerial device with a cab and chassis for the Fleet Services Division to be
assigned to the Electric Department.
2. Award of bid number 80071 to Wastequip, Inc. for the purchase of hydraulic
compactors to be installed at commercial solid waste accounts.
C. RESOLUTIONS:
1. A resolution of the City Commission of the City of Leesburg authorizing the
Mayor and City Clerk to execute a memorandum of agreement with the State of
Florida, Department of Transportation relating to emergency debris removal cut
& toss and emergency debris removal activities; and providing an effective date.
2. A resolution of the City Commission of the City of Leesburg, Florida,
authorizing the Mayor and City Clerk to execute an Electric Franchise
Agreement with Sumter Electric Cooperative, Inc.; and providing and effective
date.
3. A resolution of the City Commission of the City of Leesburg, Florida, appointing
Mary Malaszek and John L. Johnson to the Lake County Library Advisory
Board; and providing an effective date.
4. A resolution of the City Commission of the City of Leesburg, Florida,
authorizing the Mayor and City Clerk to appoint Kimberly A. Schulte to serve
as the Special Master for the City and execute a professional services agreement;
and providing an effective date.
5. A Resolution of the City Commission of the City of Leesburg, Florida
authorizing the Mayor and City Clerk to extend the agreement for the second
and final one year term with All American Aquatics Company for Aquatic
Vegetation Control pursuant to bid #LB-04-04; and providing an effective date.
D. OTHER ITEMS: None
4. PUBLIC HEARINGS:
COMPREHENSIVE PLAN INFORMATION SIGN-UP SHEET (YELLOW) AVAILABLE
A. Second reading of an ordinance rezoning approximately 92 acres generally located
at the southern terminus of Caballo Road, south of Youngs Road and El Rancho
Drive, in Section 13-19-24 from County A (Agriculture) to City PUD (Planned Unit
Development) zoning, subject to conditions contained in Exhibit A. (Debrock
Properties LLC-Lafayette Square Estates)
B. Florida Fruit Company/Frank Bouis
1. Resolution authorizing execution of an Annexation Agreement with Florida
Fruit Company (Bouis)
2. Second reading of an ordinance annexing approximately 80 acres south of C.R.
48 and east of Number Two Road in Section 2020-25; placing the property in
City Commission District 3
3. Second reading of an ordinance amending the zoning of approximately 80 acres
generally located south of C.R. 48 and east of Number Two Road in Section 2020-25 from County A (Agriculture) to City RE-1 (Estate Density Residential) for
Florida Fruit Company-Bouis.
C. Second reading of an ordinance vacating an area lying between lots 4, 5, 6 and 7
within Edmunds Addition to Leesburg subdivision plat, east of North 14th Street,
north of Cauthen Circle, along Edmunds Avenue in Section 23-19-24 (Harsh)
D. Hawthorne Commercial
1. Resolution authorizing execution of an Annexation Agreement with Hawthorne
Residential Cooperation Association, Inc. (Hawthorne Commercial)
2. Second reading of an ordinance annexing approximately 68 acres north of C.R.
48 and east of U.S. Hwy 27 in Sections 13 and14-20-24; placing the property in
City Commission District 3. (Hawthorne Commercial)
3. Second reading of an ordinance amending the zoning of approximately 68 acres
generally located north of C.R. 48 and east of U.S. Hwy 27, in Sections 13 and
14-19-24 from County R-6 and A to PUD zoning, subject to conditions contained
in Exhibit A. (Hawthorne Commercial)
E. Second reading of an ordinance accepting the Utility Easement from RaceTrac
Petroleum to the City of Leesburg.
F. Second reading of an ordinance accepting a Sidewalk & Utility Easement from
Cutrale Citrus Juices USA, Inc.
G. First reading of an ordinance of the City of Leesburg, Florida, amending the City of
Leesburg Municipal Firemen's Retirement plan by amending section 1.2,
"participation" to provide that employees employed on or after October 1, 2007 as
firefighters shall make pension contributions immediately upon employment
H. First reading of an ordinance amending Chapter 10, Fire Protection and
Prevention, of the Code of Ordinances of the City of Leesburg
I. First reading of an ordinance amending the Fiscal Year 2007-08 budget for
carryovers from fiscal year 2006-2007
J. Resolution authorizing staff to begin the process to market and sell 75 acres of Cityowned land on CR 470 for industrial development and to submit applications for
land use and zoning changes
K. Resolution establishing a plan to bring General Fund cash reserves into compliance
with the Cash Reserve Policy
5. INFORMATIONAL REPORTS:
The following reports are provided to the Commission in accordance with the
Charter/Ordinances. No action required.
A. Monthly Financial Report for November 2007
6. CITY ATTORNEY ITEMS:
7. CITY MANAGER ITEMS:
8. ROLL CALL:
9. ADJOURN:
10. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN
RESOURCES DEPARTMENT, ADA COORDINATOR, AT 728-9740, 48 HOURS IN
ADVANCE OF THE MEETING.
F.S.S. 286.0105 "If a person decides to appeal any decision made by the Commission with
respect to any matter considered at this meeting, they will need a record of the proceedings,
and that for such purpose they may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be
based." The City of Leesburg does not provide this verbatim record.
3.B.1.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Mike Thornton, Purchasing Manager
Subject:
Award of Bid 80031 for purchase of one truck with a 55 foot aerial platform.
Staff Recommendation:
Staff recommends award of bid number 80031 for one truck with a 55 foot aerial platform to Altec
Industries, Inc. for $146,964.00.
Analysis:
The purpose of this bid was to solicit pricing for purchase of a new cab & chassis with 55 foot aerial
platform, better known as a ‘bucket truck’. This truck will be assigned to the Electric Department
and is replacing an existing piece of equipment. Fleet Services will be evaluating two existing trucks
to determine which one should be replaced with this new truck.
The Purchasing Division issued bid 80031 November 7, 2007, and received three responses
December 5, 2007. The responses have been evaluated by the Fleet Services Division and the offer
from Altec Industries, Inc. was selected for recommendation of award.
Listed below is a summary of the bid responses received. A detailed bid tabulation is attached for
your review.
Vendor
Freightliner of Tampa, LLC
Altec Industries, Inc.
Heintzelman’s Truck Center
Quoted Price
$146,397.00
$146,964.00
$148,920.00
Engine Manuf.
Mercedes Benz
International
Mercedes Benz
Cab & Chassis Manuf.
Freightliner
International
Sterling
Altec Industries, Inc. is not the low bidder with a difference of $567.00 between the low bidder
Freightliner of Tampa and Altec. Altec Industries is being recommended for two primary reasons;
delivery time and fleet standardization.
The delivery time from Altec is 40 days. Freightliner has provided a delivery time of up to 210 days.
Taking delivery of the piece of equipment sooner than later will benefit City electric crews in
providing a more efficient piece of equipment.
Standardization is always an important part of selecting a piece of equipment. Research has shown
that in addition to the actual purchase price there are always indirect or soft costs associated with the
purchase of new equipment. Purchasing like equipment or vehicles minimizes the amount of the
indirect or soft costs related to the purchase as well as lower on-going maintenance costs. Altec
Industries is proposing an International brand cab and chassis as well as an International engine.
The last purchase of four trucks by the City was all International products. Freightliner of Tampa
has quoted an engine manufactured by Mercedes Benz. The City currently does not own any
equipment with a Mercedes Benz engine. The Fleet Services Division would need to purchase
computer software for troubleshooting and train existing staff on the maintenance and repair of this
type engine. The purchase of an additional International truck would further standardize the type
of equipment in the City fleet.
Options:
1. Approve award of bid 80031 to Altec Industries, Inc.; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
An amount of $166,800.00 is budgeted and available in the 2008 fiscal year for this purchase. The
actual purchase price versus budgeted amount will create a surplus of $19,836.00 on the purchase
of this item.
Submission Date and Time:
Department: __Public Works_________
Prepared by: __Mike Thornton________
Attachments:
Yes__X_ No ______
Advertised: _X__Not Required ______
Dates: ____November 6, 22007______
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
01/14/08
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _001-5110-519.64-13__
Finance Dept. __________________
Project No. __FLEET___________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. _
WF0494122 / 002___
Budget _____$955,270.00________
Available ____$396,323.00________
3.B.2.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Mike Thornton, Purchasing Manager
Subject:
Award of bid #80071 and purchase requisition #39150 to Wastequip, Inc.
for the purchase of solid waste compactors for the Public Works
Department
Staff Recommendation:
Staff recommends the award of bid #80071 to Wastequip, Inc. and approval of purchase requisition
#39150 for $170,067.00 for an initial purchase of solid waste compactors and related items for the
Public Works Department.
Analysis:
The Solid Waste Division will begin providing commercial solid waste services in the newly annexed
area around the Lake Square Mall. Providing this service will require the City to provide solid waste
hydraulic compactors to those commercial accounts currently served by Waste Management.
The items to initially be purchased to provide this service are listed here for your review.
ITEM DESCRIPTION
QUANTITY
40 Cy Container For Stationary Compactors
3
50 Cy Container For Stationary Compactors
1
30 Cy Self Contained Compactors
11
15 Hp Power Units
4
20 Inch High Flare Top Hoppers
4
Right Side Closed Hopper With Single Sliding Door 4
Left Side Closed Hopper With Single Sliding Door 6
Closed Hopper With Double Sliding Doors
1
Stationary Compactors, Walk On Ramp
3
With Hand Rails, Toe Rails, Gate, And Interlock
6 Foot Container Guide With Island Stops
4
Interlock Safety Switch Add On
4
Pressure Gauge on 15 Foot Remote Hydraulic Line 15
UNIT
PRICE
$ 4,890.00
$ 5,885.00
$11,348.00
$ 2,665.00
$ 242.00
$ 575.00
$ 575.00
$ 845.00
$ 1,476.00
EXTENDED
COST
$ 14,670
$ 5,885
$124,828
$ 10,660
$
968
$ 2,300
$ 3,450
$
845
$ 4,428
$
$
$
$
968
$
600
$
465
$170,067
242.00
150.00
31.00
Total
The Purchasing Division issued bid number 80071 to establish a multi-year annual firm price
agreement to provide the compactors and associated items. On December 28, 2007 five bid
responses were received and evaluated. Wastequip, Inc. has been identified as the lowest bidder on
all items. A detailed bid tabulation is attached for your review.
Options:
1. Approve purchase requisition #39150 and award bid #80071 to Wastequip, Inc.; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The City will lease the compactors to the commercial accounts and will recover the purchase price
of the equipment. Funds have been budgeted for this purpose and are available in the account.
Submission Date and Time:
Department: ___Public Works________
Prepared by: ___Mike Thornton_______
Attachments:
Yes__X_ No ______
Advertised: _X__Not Required ______
Dates: _December 3, 2007___________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
01/14/08
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. 046-5144-534.64-10__
Finance Dept. JB________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ____$209,700.00_________
Available ___$201,480.00_________
3.C.1.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Edward F. Smyth, Jr., Deputy City Manager
Subject:
Resolution authorizing a Memorandum of Agreement relating to Emergency
Debris Removal Cut & Toss and Emergency Debris Removal activities
Staff Recommendation:
Staff recommends approval of the Memorandum of Agreement with Florida Department of
Transportation (FDOT) relating to Emergency Debris Removal Cut & Toss and Emergency Debris
Removal activities.
Analysis:
During the 2004 hurricane events, a number of trees, tree limbs, and other debris accumulated on
the roadways throughout the City. City crews began to remove this debris immediately after the
storm abated, without regard for ownership of the roadway, to permit emergency vehicles to
respond to citizens and businesses within the City. The City was also obliged to clear debris on state
roads to permit our various utility departments to access the various systems damaged as a result of
these storms.
Since the 2004 events, the various City departments have been refining the emergency response
activities related to all types of disasters, forming numerous partnerships with both state and county
agencies. In 2005, the City began partnering with FDOT to discuss both City and State responses
to debris removal to provide access to utilities and safely opening roadways. This past year FDOT
approached the City to discuss how the City and the State agency could partner to expedite the
clean-up and removal of debris from State maintained roadways. These discussions resulted in the
attached agreement.
By entering into this agreement with FDOT, the City becomes eligible to receive Federal Aid
through the department as the FDOT authorized contractor. The City crews will move and remove
the debris without this agreement to facilitate emergency response crews to respond to utility
outages and damage, and for the health and welfare of our citizens. This agreement provides a
mechanism to receive financial reimbursement for the work performed.
Options:
1. Approve the Memorandum of Agreement; or
2. Such alternative action as the Commission may deem appropriate.
Fiscal Impact:
There is no fiscal impact at this time. The City will obtain authorization for activities on State
roadways prior to a storm’s impact on the City, and FDOT will reimburse the City from the Federal
Highway Administration – Emergency Relief program. This will apply only to the “First Push”
activities. Subsequent work on state maintained roads will be refunded through the various FEMA
reimbursements.
Submission Date and Time:
Department: Administration
Prepared by: EF Smyth, DCM
Attachments:
Yes __X__ No ______
Advertised: ____Not Required X
Dates: __________________________
Attorney Review :
Yes X No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head _______
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
WF No. ______________________
Submitted by:
City Manager ___________________
Budget ______________________
Available _____________________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LEESBURG AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION RELATING TO EMERGENCY DEBRIS
REMOVAL CUT & TOSS AND EMERGENCY DEBRIS
REMOVAL ACTIVITIES; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute a Memorandum
of Agreement with The State of Florida, Department of Transportation, whose address is
719 South Woodland Boulevard, MS 4-549, DeLand, Florida 32720 for Emergency Debris
Removal Cut & Toss and Emergency Debris Removal activities.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the __14th___ day of _January__ 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
3.C.2.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Edward F. Smyth, Jr., Deputy City Manager
Subject:
Resolution Authorizing Execution of an Electric Franchise Agreement with
Sumter Electric Cooperative, Inc. (SECO)
Staff Recommendation:
Staff recommends approval of a renewal of the Franchise Agreement with Sumter Electric
Cooperative, Inc. (SECO).
Analysis:
In October 2002, the City of Leesburg entered into a franchise agreement with SECO due to the
City’s then recent annexations extending into their service territory. SECO is providing electric
services to customers within the corporate limits of the City of Leesburg, and in territory and rightof-way of the City. This agreement was for a term of five years and expired October 14, 2007.
The new franchise agreement is for a term of four years, expiring on October 9, 2011. This term
and expiration are meant to coincide with the term and expiration of the Territorial Service
Agreement which will expire on the same date. The co-terminus dates are meant to avoid any legal
entanglement that might arise if either agreement were in force or if the City wanted to pursue
negotiations for acquisition of the SECO territory within the corporate limits at that time.
Options:
1. Approve the contract with Sumter Electric Cooperative, Inc., or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The General Fund will realize revenue of six percent (6%) of the billings for any service provided by
SECO to customers within the City limits. In addition, the City will continue to realize revenues
from the Utility Service Tax of ten percent (10%) from these customers as well. In FY 2006-07 the
franchise fee generated $ 25,498.07 and the UST generated $ 25,181.78.
Submission Date and Time:
Department: Administration
Prepared by: E.F. Smyth, DCM
Attachments:
Yes X No ______
Advertised: ____Not Required X
Dates: __________________________
Attorney Review :
Yes X No ____
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
WF No. ______________________
Submitted by:
City Manager ___________________
Budget ______________________
Available _____________________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN ELECTRIC FRANCHISE
AGREEMENT WITH SUMTER ELECTRIC COOPERATIVE,
INC.; AND PROVIDING AND EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute an agreement
between the City of Leesburg, Florida and Sumter Electric Cooperative, Inc., whose address
is P.O. Box 301, Sumterville, Florida 33585-0301, for providing an electric franchise (A copy
of the agreement is attached).
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the 14th day of January 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
3.C.3.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Jay M. Evans, City Manager
Subject:
Lake County Library Advisory Board
Staff Recommendation:
Staff recommends appointment of Mary Malaszek, as representative, to the Lake County Library
Advisory Board and John L. Johnson, as alternate member.
Analysis:
Members of the Lake County Library Advisory Board serve a four year term; Mary Malaszek and
John L. Johnson’s terms will expire on February 28, 2008. If reappointed, their new terms will
extend from March 1, 2008 through February 28, 2012.
Options:
1. Approval of staff recommendation; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
None.
Submission Date and Time:
Department: ______________________
Prepared by: ______________________
Attachments:
Yes____ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LEESBURG, FLORIDA, APPOINTING MARY MALASZEK
AND JOHN L. JOHNSON TO THE LAKE COUNTY LIBRARY
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the City Commission of the City of Leesburg, Florida, hereby reappoint
Mary Malaszek and John L. Johnson to the Lake County Library Advisory Board, 2401
Woodlea Road, Tavares, Florida 32778 for four year terms, from March 1, 2008 through
February 28, 2012.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the 14th day of January 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
3.C.4.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Mike Thornton, Purchasing Manager
Subject:
Appointment of Special Magistrate and Resolution authorizing execution of
Agreement for providing professional services
Staff Recommendation:
Staff recommends appointing Kimberly A. Schulte to serve as Special Magistrate for a period of
three years and authorizing execution of the professional services Agreement to compensate for
these services as required by City Ordinance.
Analysis:
City Ordinance 04-27, §II, Division II, §§ 2-66 -- 2-75 detail the method used for the enforcement
of Municipal Codes. This ordinance provides for the use of a Special Magistrate to preside over
code enforcement hearings. §§ 2-67 requires a committee to solicit interested parties and make a
recommendation to the City Commission for appointment of one or more Special Magistrates.
On November 26, 2007 the Purchasing Division issued Request for Proposal 80042 soliciting
interested parties to submit proposals for the position of Special Magistrate to fulfill the
requirements of the ordinance. The position was advertised in the local paper. On December 21,
2007 staff received one response to our solicitation.
The sole response was from attorney Kimberly Schulte who currently serves as Special Magistrate.
The Police Department has been very satisfied with the level of service and professionalism
provided by Ms. Schulte as Special Magistrate. The proposed fee of $125.00 per hour is less than
the prevailing hourly rate for legal counsel and has been deemed as fair and reasonable for this type
of service. Magistrate Schulte’s years of quality service more than qualifies her to serve as the
Special Magistrate at the proposed rate.
Options:
1. Appoint Kimberly A. Schulte as Special Magistrate and execute the professional services
agreement;
or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
Funds to pay for Special Magistrate services are available.
Submission Date and Time:
Department: _Police Department______
Prepared by: _Mike Thornton_________
Attachments:
Yes____ No __X___
Advertised: _X__Not Required ______
Dates: _November 25, 2007__________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. __001-1241-514.31-10_
Finance Dept. __________________
Project No. ___NA_____________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______NA_____________
Budget ______$181,346.00_______
Available _____$129,266.87_______
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY
OF
LEESBURG,
FLORIDA,
APPOINTING
KIMBERLY A. SCHULTE TO SERVE AS THE SPECIAL
MAGISTRATE FOR THE CITY OF LEESBURG AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
FOR
SPECIAL
MAGISTRATE
SERVICES;
AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the City Commission designates KIMBERLY A. SCHULTE as Special
Magistrate for the City for a period of three years as provided by City Ordinance 04-27.
THAT the Mayor and City Clerk are hereby authorized to execute an agreement
with KIMBERLY A. SCHULTE, whose address is 127 7th Street, Leesburg, FL 34748, for
providing professional services related to the duties of Code Enforcement Special Magistrate
pursuant to Request for Proposal number 80042.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the _14th____ day of _January________ 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
3.C.5.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Bruce Ericson, Director of Parks & Recreation
Subject:
Resolution Authorizing Extension of the Agreement with All American
Aquatics Company to continue providing aquatic vegetation control services
Staff Recommendation:
Staff recommends approval of extending the agreement with All American Aquatics Company to
continue providing aquatic vegetation control services for the Parks & Recreation Department.
Analysis:
On January 26, 2004 the City Commission approved the resolution authorizing All American
Aquatics to perform aquatic vegetation control services on a monthly basis for various parks within
the City of Leesburg. The agreement was for an initial term of three years. After the initial term, the
parties may renew this agreement for two additional one year terms. On December 11, 2006 the
City Commission approved the first one year term. This extension is the final extension allowable
under the contract agreement.
Options:
1. Approve Extension of Agreement with All American Aquatic Company or;
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
A total of $11,580.00 is available for this purpose.
Submission Date and Time:
Department: __Parks & Recreation_____
Prepared by: __Bruce Ericson_______
Attachments:
Yes_X___ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes_X__ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _001-8124-572-4625
Finance Dept. JB________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ____$148,080.00_________
Available ___$141,639.00__________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXTEND THE AGREEMENT FOR THE
SECOND AND FINAL ONE YEAR TERM WITH ALL
AMERICAN
AQUATICS
COMPANY
FOR
AQUATIC
VEGETATION CONTROL PURSUANT TO BID #LB-04-04; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to sign an agreement
authorizing the extension of the agreement for the second and final term with All American
Aquatics, whose address is 7040 Seminole Pratt Whitney Road, Suite 25-127, Loxahatchee,
FL 33470 for the Parks & Recreation portion of the aquatic vegetation control, pursuant to
bid #LB-04-04. A copy of the agreement is attached.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the __14___ day of ___January______ 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
4A.
AGENDA MEMORANDUM
MEETING DATE: December 10, 2007
FROM:
Bill Wiley, AICP, Interim Community Development Director
SUBJECT:
Ordinance for Rezoning for Debrock Properties LLC (Lafayette Square
Estates)
Staff Recommendation:
The Planning Commission voted to not make a recommendation on the proposed rezoning for the
subject property from County A (Agriculture) to PUD (Planned Unit Development). The Planning
staff’s recommendation for approval is attached.
Analysis:
The project site is approximately 92 acres. The property is generally located at the southern
terminus of Cabballo Road, south of Youngs Road and El Rancho Drive, as shown on the attached
General Location Map. The present zoning for this property is County A (Agriculture). Currently,
the property is undeveloped and the proposed uses are a 120 bed assisted living facility, a 120 bed
nursing home and 134 age-restricted single family units. Previously the applicant had requested 135
single family and 210 townhouse residential uses which were denied by the City Commission. The
surrounding zoning designations are County A (Agriculture) to the north and west, and City P
(Public) to the south and east.
The proposed zoning district of PUD (Planned Unit Development) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Density Residential. Based on the age restricted requirements as proposed for this project, the
impacts would be reduced significantly from the applicant’s previous proposal. .
The existing land uses surrounding the property are undeveloped property, single family residential
and closed City landfill.
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 not make a recommendation.
Options:
1. Approve the proposed rezoning to City PUD (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:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
REZONING APPROXIMATELY 92 ACRES GENERALLY LOCATED AT
THE SOUTHERN TERMINUS OF CABBALLO ROAD, SOUTH OF
YOUNGS ROAD AND EL RANCHO DRIVE, LYING IN SECTION 33,
TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
FROM COUNTY A (AGRICULTURE) TO PUD (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 Debrock Properties LLC (Lafayette Square Estates), 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 A (Agriculture) to
PUD (Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit B for Legal Description)
Alternate Key Number: 3847535
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.
THE CITY OF LEESBURG
ATTEST:
___________________________________
City Clerk
By: _________________________________
Mayor
CASE #:074-1-110807
(Previous #:055--2-070407)
EXHIBIT A
LAFAYETTE SQUARE ESTATES
REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
MAY 2, 2007
(Revised July 16, 2007)
(As previously approved by Planning Commission July 19, 2007)
(As submitted by staff with proposed changes to the Planning Commission on Nov. 8, 2007)
This Planned Development Conditions for a PUD (Planned Unit Development) District is granted
by the City of Leesburg Planning Commission, Lake County, Florida to Debrock Properties LLC
(Lafayette Square Estates) "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 Code of Ordinances, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a PUD (Planned Unit Development)
zoning district to allow construction of a proposed mixed use development comprised of a
residential subdivision consisting of a maximum of 135 134 age-restricted single family residential
units and 210 town house residential units a 120 bed assisted living facility and a 120 bed nursing
home on approximate 93.57 acres located south of the intersection of Caballo Road and Youngs
Road and El Rancho Drive, on a site within the City of Leesburg in accordance with their PUD
application and supplemental information.
1.
PERMISSION is hereby granted to Debrock Properties (Lafayette Square Estates) 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:
LEGAL DESCRIPTION:
See attached legal Exhibit B.
2.
LAND USE
The above-described property shall be used for mixed use residential development, pursuant to
City of Leesburg development codes and standards and the Conceptual Development Plan
dated December 18, 2006 November 6, 2007 as follows:
A.
Residential Development
1.
The project shall contain a maximum of 345 residential units on approximately
93.57 acres at a gross density for the residential areas not to exceed 3.7 units per
acre.
2.
The minimum lot size shall be 7,000 square feet for single-family detached units.
3.
Minimum lot widths shall be 50 feet for single-family detached units as shown
for various type lots on the Conceptual Development Plan. Minimum lot depth
shall be 90 feet. The mix of 135 134 single family residential units and 210 town
house residential units a 120 bed assisted living facility and a 120 bed nursing
home shall not exceed the total number of approved dwelling units and density
as described in this section.
4.
The minimum yard setbacks shall be as shown on the Conceptual Development
Plan for the various types of units except as follows:
Front setback –20feet;
Rear setback –18 feet except townhomes; and
Side setbacks - minimum 15/5 feet except townhomes. The total for both
setbacks must be at least the first figure. Total for one side must be at least the
second figure. Side setbacks for townhomes of 0’ feet for common walls and 5
feet for other side setbacks shall be required. 50’ wide or smaller lots shall have a
minimum of 5 feet each side. A zero lot line setback will necessitate a
maintenance easement.
5.
Minimum distance between structures shall be 10 feet; measured from building
wall to building wall and the roof overhang shall not exceed two feet.
6.
Corner lots shall have a minimum side yard setback of 15 feet from the public
right-of-way.
7.
Accessory structures shall have a minimum rear and side setback of 5 feet and
single accessory structures that are not attached to the principal structure shall
not occupy more than 30 percent of the required rear yard.
8.
An attached swimming pool screened enclosure must maintain a minimum
setback of five (5) feet from the rear property line.
9.
The Planning Commission as part of the preliminary plan or site plan approval
process shall have the ability to adjust final lot sizes and setbacks where necessary
for the proper design of the project based on the general intent of the PUD for
various type units such as an assisted living facility, nursing home town homes
and single-family etc.
10.
Impervious surface coverage for single-family detached shall not exceed 65
percent for residential uses. Other types of development may exceed this
percentage; however, the overall project shall maintain open space of 30 percent.
11.
Maximum building height shall not exceed two and one-half stories one story or
35 feet.
12.
Permitted Uses:
a.
Single-family dwellings detached;
b.
Townhouses and condominium Assisted living facility and nursing home
c.
Accessory structures;
d.
Temporary modular sales center and construction office until completion
project.
e.
13.
B.
All residential units shall be developed through a subdivision plat or
condominium instruments site plan process.
Based on the mix of housing types and lot sizes, this project complies with the
diversity of housing required by the City’s adopted Growth Management Plan,
Future Land Use Element, Goal I, and Objective 1.2.
Recreational Development
1.
Recreational development provided on the site shall include active and passive
uses, as well as enclosed or un-enclosed recreational space, devoted to the
common use of the residents. Such recreation space shall consist of not less than
two hundred (200) square feet of space per dwelling unit. In computing usable
recreation space, the following items may be considered at one and twenty-five
hundredths (1.25) times the actual area.
a.
Recreational activities such as play grounds, basket ball, tennis and hand ball
courts, etc.
b.
Developed recreational trails which provide access to the public trail system.
c.
Swimming pool, including the deck area which normally surrounds such
pools.
d.
Indoor recreation rooms provided such rooms are permanently maintained
for the use of residents for recreation.
2.
Required stormwater areas and buffer areas shall not be considered as recreational
space except for areas developed as recreational trails which provide access to the
public trail system.
3.
Within each respective community, the single family community and the townhome community, sidewalks or trails or a combination thereof shall be provided
throughout the communities to provide pedestrian access from all residences to all
amenities.
4.
Recreational vehicle parking shall be restricted through deed
restrictions/covenants which shall prohibit unenclosed parking within the
development unless an approved designated area is provided. If provided, the area
shall be buffered and final location will be determined by staff as part of the
Preliminary Subdivision approval process.
C.
The commercial use of a sales office and/or model center shall be a permitted use as
long as it is specifically related to the PUD residential development of the site.
D.
Open Space and Buffer Areas
1.
All wetlands on the project site shall be identified and the location and extent of
each wetland shall be determined by 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 plan application.
2.
Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction
boundary.
3.
Wetlands shall have a minimum upland buffer as 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.
4.
Land uses allowed within the upland buffers are limited to hiking trails, walkways,
passive recreation activities and stormwater facilities as permitted by St. Johns
River Water Management District.
5.
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.
6.
A wildlife/historical/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.
The developer and the City acknowledges that there maybe an eagle nests just
south of Youngs Road in the vicinity of (but not in the proposed right-of-way of)
the proposed Bypass. The City and developer of the property shall comply with all
State and Federal regulations pertaining to the protection of eagles during
construction of the property.
7.
To the extent practical, wetlands shall be placed in a conservation easement, which
shall run in favor of, and be enforceable by, St. Johns River Water Management
District or another legal entity such as a homeowners association. The
conservation easement shall require that the wetlands be maintained in their
natural and unaltered state. Wetlands shall not be included as a part of any platted
lot, other than a lot platted as a common area, which shall be dedicated to St.
Johns River Water Management District or another legal entity such as a
homeowners association for ownership and maintenance.
8.
Landscaping of the required buffer areas shall be as follows:
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 Land Development Code.
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.
f. Along El Rancho Drive and Youngs Road, a landscaped berm of a minimum
of three in height or a six foot high vinyl fence shall be required for screening
and restricting access in the eighteen foot (18) foot landscape buffer area
with final design to be approved by staff during the development review
process.
E.
3.
Development Phasing
1.
The Property shall be developed as two distinct communities, consisting of a town
home an assisted living facility and nursing home community and a detached
single family community. 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 24 months of
approval of this Planned Development. In the event, the conditions of the PUD
have not been 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 RE-1 (Estate Density
Residential) or another appropriate zoning classification less intense than the
development permitted by these PUD Conditions.
STORMWATER MANAGEMENT / UTILITIES
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 on
the plat prior to the approval of the final plat of record. A homeowners association is an
acceptable maintenance entity.
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.
4.
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.
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.
TRANSPORTATION IMPROVEMENTS
A.
Vehicular access to the project site shall be provided by a one four accesses. Two of the
accesses shall be divided boulevard type roads off Youngs Roads and El Rancho Drive
on the east end of the property that will create a new road to Neely Drive and Lucas
Drive and the two additional accesses off Youngs Roads and El Rancho Drive shall be
designed as local stereets, as shown on Exhibit C, Lafayette Square Conceptual
Development Plan. No access shall be permitted form the east end of the property to
Neely Drive and Lucas Drive. A future access point shall be provided from the proposed
north/south bypass road, which will be constructed from South Street across the
proposed development at the end of the cul-de-sac of Ogel Thorne Blvd. Two access
points are required per Sec.25-348(3) of the Land Development Code and per the
Comprehensive Plan Traffic Circulation Element Goal I, Objective 1.2, Policy 1.2.3.
These primary accesses shall be divided boulevard type roads for the entrances. In
addition, one emergency access shall be provided from the proposed development which
shall be aligned with Caballo Road. Actual location and design of the accesses shall be
determined during the Preliminary Subdivision and Site Plan review process and shall
include consideration of sidewalks, recreation paths etc. Other potential vehicular and
pedestrian accesses will be reviewed during the development review process, including
establishment of the previously noted north/south bypass road from South Street across
the development. Any change in accesses shall require public hearings by the Planning
Commission and City Commission through the process provided by Sec. 25279(4) Changes in approved master development plans for Major modifications.
B.
The Permittee shall provide all necessary improvements/right-of-way/signalization
within and adjacent to the development as required by Lake County, FDOT and City of
Leesburg. The proposed new road to the east as well as Neeley Drive and Lucas Street
shall be designed and constructed as collector roads which shall require additional rightof-way per the City of Leesburg code. For the proposed north/south bypass road only
the right-of-way shall be required by the City with no improvements except as shown on
the conceptual plan.
C.
All roads within the development shall be designed and constructed by the developer to
meet the City of Leesburg requirements excluding the north/south bypass road.
D.
Sidewalks shall be provided on both sides of the local internal roads and shall provide
cross connections to all recreation and residential areas. Internal road rights-of-ways shall
be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in
accordance with City of Leesburg Codes.
E.
The Permittee shall be responsible for obtaining all necessary Lake County permits
including but not limited to any prescriptive right-of-ways based on an adopted County
maintenance map and an any additional right-of-ways requested by the County. The
developer shall be responsible for producing a survey for the maintenance map and
making application to the County Commission for its adoption. A copy of all permits
shall be provided to the City of Leesburg prior to construction plan approval.
F.
The City of Leesburg will not be responsible for the maintenance or repair of any of the
roads or transportation improvements unless specifically accepted by formal action of the
City Commission. The town home community developer may provide for private roads.
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.
Should the Permittee desire to dedicate the proposed project’s internal road system to the
City of Leesburg; the City, at its discretion, may accept or not accept the road system.
Prior to acceptance, the Permittee shall demonstrate to the City the road system is in
suitable condition and meets City of Leesburg requirements. As a condition of accepting
the roadway system the City may create a special taxing district or make other lawful
provisions to assess the cost of maintenance of the system to the residents of the project,
and may require bonds or other financial assurance of maintenance for some period of
time.
H.
A traffic/transportation study shall be submitted prior to preliminary plan approval for
review and determination of any necessary access improvements, including any off site
improvements required by FDOT, Lake County or the City of Leesburg. Said
improvements will be the responsibility of the Permittee.
I.
At the time of preliminary plan approval, the Permittee shall become responsible for their
pro-rata share of the cost of the signal(s) as determined by City staff and the traffic study
submitted therewith.
J.
Bypass Right of Way. City has expressed a desire to reserve and set aside certain portions
of the Property for future public use, specifically to accommodate a future bypass road
(the “Bypass”). Owner shall dedicate a maximum of 10 acres of the property described
in Exhibit A to City to be used as right of way for the Bypass. This dedication shall occur
at the time of final plat, and shall be essentially in the location depicted on the conceptual
plan. The portion of the property to be dedicated and set aside for the Bypass shall not
exceed 100 feet in width.
The project contemplated herein, and approvals necessary therefore, shall not be
contingent on the approval or construction of the Bypass. City acknowledges that upon
approval of the plat and the dedication of the Bypass right of way thereon, and as
between the parties, City shall have all responsibility for the construction and
maintenance of the Bypass and right of way and that Owner shall have no responsibility,
financial or otherwise, for any aspect, phase, or portion of the development, construction
and maintenance of the Bypass or any right of way improvements.
City shall require any entity constructing the Bypass to mitigate any adverse impacts to
the project contemplated herein caused by the construction of the Bypass, including, but
not limited to, replacement of any gates, communication systems, entryway roads, walls,
fencing, and entry features, and shall ensure that the ingress and egress points into the
project are kept open at all times. In addition to any temporary mitigation undertaken
during the actual construction of the Bypass, City shall cause a permanent noise reduction
buffer to be constructed on each side of the Bypass simultaneous with the construction
of the Bypass road. City shall require any entity constructing the Bypass to adhere to all
permitting, mitigation and other requirements of any governmental agencies having
jurisdiction over Bypass construction.
5.
DESIGN REQUIREMENTS
A.
Residential Development
1.
Building Design
Designs shall meet the following general conceptual standards and will be reviewed
during the development review and permitting process.
a. Detached single-family homes shall have garages located with the following
provisions.
1)
Front access garages must be off set a minimum of five (5) feet from
the attached primary structure or the front building line.
2)
Side entrance garages may be in line with or off set from the primary
structures front setback provided the garage has front facade windows.
3)
Homes with covered front porches of a minimum fifty (50) square feet
may have front access garages setback in line with the porch or five (5)
feet forward of the porch.
b. The distance between any principal building and accessory building shall be a
minimum of ten (10) feet.
2.
Additional Design Features
a. All buildings shall utilize at least three of the following design features to
provide visual relief along all elevations of the building:
B.
1)
Dormers
2)
Gables
3)
Recessed entries
4)
Covered porch entries
5)
Cupolas
6)
Pillars or posts
7)
Bay window (minimum 12 inch projections)
8)
Eaves (minimum 6-inch projections)
9)
Repetitive windows with minimum 4-inch trim.
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 detached single family dwellings and the town home buildings constructed on the
property shall be constructed to give an appearance substantially similar to the
elevations attached hereto.
C.
6.
7.
Other similar design variations meeting the intent of this section may be approved by the
Planning and Zoning Manager.
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 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 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
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.
F.
Any violation of City, State or Federal laws or permit requirements concerning the
development of this project will constitute a violation of this permit and will result in all
activities on the project site being halted until the violation is satisfactorily resolved and
may result in a hearing before the Planning Commission to determine whether a change
in the conditions of this PUD are necessary.
CONCURRENCY
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.
Exhibit B
Legal Description
The Southeast ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake
County, Florida; Less the North 25.00 feet there of;
And
The Southwest ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake
County, Florida; Less the West 532.28 feet of the East 570.00 feet of the North 510.00 feet of
the Southwest ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24 East, Lake
County, Florida.
And
The East ½ of the Southeast ¼ of the Northwest ¼ of Section 33, Township 19 South,
Range 24 East, Lake County, Florida.
Exhibit C
Conceptual Development Plan
Delete old plan and add new plan
Exhibit D
Conceptual Elevations
01/14/08
4.B.1.
AGENDA MEMORANDUM
MEETING DATE: January 14, 2008
From:
Bill Wiley, AICP, Interim Community Development Director
Subject:
Resolution for an Annexation Agreement to annexed property for Florida
Fruit Company (Bouis) property
Staff Recommendation:
Staff recommends approval of the proposed annexation agreement.
Analysis:
As a result of the proposed annexation of approximately 80 acres of land into the City, an
Annexation Agreement has been prepared to address the overall concepts of the development. This
Agreement provides:

That the proposed annexation be given a zoning category of City RE-1 (Estate Density
Residential). The developer’s responsibility for the construction and installation of
infrastructure related to the improvements of the property.
Options:
1.
2.
Approve the requested annexation agreement.
Disapprove the proposed annexation agreement.
Fiscal Impact
There is no fiscal impact as a result of this action.
Submission Date and Time:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LEESBURG, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO
EXECUTE
AN
ANNEXATION AGREEMENT WITH FLORIDA FRUIT
COMPANY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed
to execute the Annexation Agreement between Florida Fruit Company and the City of Leesburg,
Florida, in the form attached as Exhibit “A” to this resolution.
That this Resolution shall be effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular
meeting held the 14th day of January 2008.
____________________________
Mayor
ATTEST:
_______________________________________
City Clerk
EXHIBIT A
Legal Description
Florida Fruit Company (Bouis)
CASE #:035-1-080907
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA.
PARCEL "1":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20 TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.89°53'40"E. ALONG THE NORTH LINE OF THE
NORTHWEST 1/4 A DISTANCE OF 504.99 FEET; THENCE S.07°16'25"W., 181.55 FEET;
THENCE S.22°42'42"W., 290.66 FEET; THENCE S.76°24'19"W., 265.75 FEET; THENCE
S.89°37'11"W., 111.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 512.35 FEET TO THE
POINT OF BEGINNING.
PARCEL "2":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCE AT NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20,TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.00°01'18"W. ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE
OF 512.35 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID
POINT OF BEGINNING RUN N.89°37'11"E., 111.67 FEET; THENCE N.76°24'19"E., 265.75
FEET; THENCE N.22°42'42"E., 290.66 FEET; THENCE N.07°16'25"E., 181.55 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
S.89°53'40"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF
154.03 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE S.00°00'51"E.,
662.75 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.89°52'39"W.
ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 A DISTANCE OF 659.43 FEET TO THE SOUTHWEST CORNER
OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20; THENCE N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 150.21 FEET
TO THE POINT OF BEGINNING.
Alternate Key Numbers: 1780349, 1780331, 1780322, 1812054 and 2866802
01/14/08
4.B.2.
AGENDA MEMORANDUM
MEETING DATE: December 10, 2007
FROM:
Bill Wiley, AICP, Interim Community Development Director
SUBJECT:
Ordinance for annexation for Florida Fruit Company (Bouis) property
Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Florida Fruit
Company (Bouis) property.
Analysis
The property owner submitted an application for annexation of approximately 80 acres of land
generally located south of C.R 48 and east of Number Two Road, as shown on the attached General
Location Map. The present zoning for this property is County A (Agriculture). Currently, the
property is undeveloped and the proposed use would be residential.
Staff evaluated the area relative to additional property that could be annexed into the City to allow
for a more regular city limit/city service boundary. State Statute 171.0413(6) provides for the City to
initiate annexations with the consent of at least 50% of the property owners. Staff determined that
additional property could not be annexed at this time because adjacent property is developed
residentially and the adjacent property is larger than allowed by the State Statute to be annexed
involuntarily.
Also on the agenda for this meeting is the rezoning of this property, which is recommended for
approval by the Planning Commission. The large scale comprehensive plan amendment is being
processed as part of the 1st cycle of 2008.
City water and wastewater utilities are not currently available in the area. The developer is
responsible for all cost and construction to make the necessary extension and hook-ups to City
utilities in accordance with City requirements. Police and fire services are presently provided in this
area and impacts on the provision of these services are estimated to be minimal.
Options:
1.
Approve the requested annexation. This would give the City jurisdiction over the use and
development of the subject site and provide for application of City standards to this
property.
2.
Disapprove the proposed annexation and allow the development to remain in the County
Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first
year ($257). When actual construction of the development occurs, the City will begin to realize a
larger positive impact from the collection of property taxes.
Submission Date and Time:
Department: Community Development
Prepared by: Laura McElhanon, AICP
Attachments:
Yes____ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
APPROXIMATELY 80 ACRES AND BEING GENERALLY LOCATED
SOUTH OF C.R 48 AND EAST OF NUMBER TWO ROAD, LYING IN
SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE
COUNTY, FLORIDA, WHICH IS CONTIGUOUS TO THE CITY LIMITS
OF THE CITY OF LEESBURG, FLORIDA, PROVIDING THAT SAID
PROPERTY SO ANNEXED SHALL BE LIABLE FOR ITS
PROPORTIONATE SHARE OF THE EXISTING AND FUTURE
INDEBTEDNESS OF SAID CITY; PROVIDING THAT SUCH
ANNEXED PROPERTY SHALL BE SUBJECT TO ALL LAWS AND
ORDINANCES OF SAID CITY AS IF ALL SUCH TERRITORY HAD
BEEN A PART OF THE CITY OF LEESBURG AT THE TIME OF
PASSAGE AND APPROVAL OF SAID LAWS AND ORDINANCES;
PROVIDING THAT SUCH ANNEXED TERRITORY SHALL BE
PLACED IN CITY COMMISSION DISTRICT 1; AND PROVIDING AN
EFFECTIVE DATE (FLORIDA FRUIT COMPANY-BOUIS).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of Florida Fruit Company (Bouis) for the property hereinafter
described, which is contiguous to the existing city limits of the City of Leesburg, Florida, that the
property hereinafter described be annexed to the city limits of the City of Leesburg, Florida, 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 hereinafter described property is hereby
annexed and made a part of the city limits of the City of Leesburg, Florida. The subject property
lying and situate in Lake County, Florida, is more particularly described as:
Legal Description
(See Exhibit A)
Alternate Key Numbers: 1780349, 1780331, 1780322, 1812054 and 2866802
Section 2.
All of the property, real and personal, within said annexed territory, described in Section 1
above, as provided by this ordinance, and the inhabitants thereof, shall be subject to the
government, jurisdiction, powers, franchises, duties, and privileges of the City of Leesburg, Florida,
and the said annexed property shall be liable, proportionately, for all of the present outstanding and
existing, as well as future, indebtedness of the City of Leesburg, Florida; that all of the ordinances of
the City of Leesburg, and all laws heretofore passed by the Legislature of the State of Florida relating
to and which now or hereafter constitute its Charter, shall apply to and have the same force and
effect on such annexed territory as if all such annexed territory had been a part of the City of
Leesburg, Florida, at the time of the passage and approval of said laws and ordinances. The property
annexed hereby is assigned to City Commission District 1.
Section 3.
This ordinance shall become effective immediately upon approval at second reading.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of __________________, 2008.
THE CITY OF LEESBURG
By:___________________________
Mayor
ATTEST:
___________________________________
City Clerk
EXHIBIT A
Florida Fruit Company (Bouis)
Legal Description
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA.
PARCEL "1":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20 TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.89°53'40"E. ALONG THE NORTH LINE OF THE
NORTHWEST 1/4 A DISTANCE OF 504.99 FEET; THENCE S.07°16'25"W., 181.55 FEET;
THENCE S.22°42'42"W., 290.66 FEET; THENCE S.76°24'19"W., 265.75 FEET; THENCE
S.89°37'11"W., 111.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 512.35 FEET TO THE
POINT OF BEGINNING.
PARCEL "2":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCE AT NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20,TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.00°01'18"W. ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE
OF 512.35 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID
POINT OF BEGINNING RUN N.89°37'11"E., 111.67 FEET; THENCE N.76°24'19"E., 265.75
FEET; THENCE N.22°42'42"E., 290.66 FEET; THENCE N.07°16'25"E., 181.55 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
S.89°53'40"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF
154.03 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE S.00°00'51"E.,
662.75 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.89°52'39"W.
ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 A DISTANCE OF 659.43 FEET TO THE SOUTHWEST CORNER
OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20; THENCE N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 150.21 FEET
TO THE POINT OF BEGINNING.
01/14/08
4.B.3.
AGENDA MEMORANDUM
MEETING DATE: December 10, 2007
FROM:
Bill Wiley, AICP, Interim Community Development Director
SUBJECT:
Ordinance for Rezoning for Florida Fruit Company (Bouis)
Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Density Residential).
Analysis:
The project site is approximately 80 acres. The property is generally located south of C.R 48 and
east of Number Two Road, as shown on the attached General Location Map. The present zoning
for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed
use is a single family residential uses. The surrounding zoning designations are all County A
(Agriculture).
The proposed zoning district of City RE-1 (Estate Density Residential) is compatible with adjacent
and nearby properties in the area and with the proposed City future land use designation of City
Estate.
The existing land uses surrounding the property are single family residential, undeveloped property,
groves and planted pines.
Development of the parcel shall require connection to the City utilities at the owner’s expense.
By a vote of 6 to 0, the Planning Commission recommended approval.
Options:
1.
Approve the proposed rezoning to City RE-1 (Estate Density Residential), 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:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
REZONING APPROXIMATELY 80 ACRES GENERALLY LOCATED
SOUTH OF C.R 48 AND EAST OF NUMBER TWO ROAD, LYING IN
SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE
COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY
RE-1 (ESTATE DENSITY RESIDENTIAL); AND PROVIDING AN
EFFECTIVE DATE (FLORIDA FRUIT COMPANY-BOUIS).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of Florida Fruit Company (Bouis) 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 A (Agriculture) to City RE-1
(Estate Density Residential), to-wit:
Legal Description
(See Exhibit A)
Alternate Key Numbers: 1780349, 1780331, 1780322, 1812054 and 2866802
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
14th
day of January , 2008.
THE CITY OF LEESBURG
By: _________________________________
Mayor
ATTEST:
___________________________________
City Clerk
EXHIBIT A
Florida Fruit Company (Bouis)
Legal Description
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA.
PARCEL "1":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20 TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.89°53'40"E. ALONG THE NORTH LINE OF THE
NORTHWEST 1/4 A DISTANCE OF 504.99 FEET; THENCE S.07°16'25"W., 181.55 FEET;
THENCE S.22°42'42"W., 290.66 FEET; THENCE S.76°24'19"W., 265.75 FEET; THENCE
S.89°37'11"W., 111.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 512.35 FEET TO THE
POINT OF BEGINNING.
PARCEL "2":
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE
COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCE AT NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20,TOWNSHIP 20 SOUTH
RANGE 25 EAST, AND RUN S.00°01'18"W. ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE
OF 512.35 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID
POINT OF BEGINNING RUN N.89°37'11"E., 111.67 FEET; THENCE N.76°24'19"E., 265.75
FEET; THENCE N.22°42'42"E., 290.66 FEET; THENCE N.07°16'25"E., 181.55 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 20; THENCE
S.89°53'40"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF
154.03 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE S.00°00'51"E.,
662.75 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.89°52'39"W.
ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 A DISTANCE OF 659.43 FEET TO THE SOUTHWEST CORNER
OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 20; THENCE N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 150.21 FEET
TO THE POINT OF BEGINNING.
01/14/08
4C.
AGENDA MEMORANDUM
MEETING DATE: December 10, 2007
FROM:
Bill Wiley, AICP, Interim Community Development Director
SUBJECT:
Ordinance for vacating an area lying between lots 4, 5, 6 and 7 within
Edmunds Addition to Leesburg subdivision plat
Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the request to vacate an area
lying between lots 4, 5, 6 and 7 within Edmunds Addition to Leesburg subdivision plat. The area to
be vacated is not currently used for public access and is undeveloped. It is not needed for future
access and should be vacated to allow the property to be developed as an apartment complex.
Analysis:
The vacation of a portion of the subdivision is requested by Paul Harsh, II, the owner of the
property. The property to be vacated is not currently used as public access and is not needed for
future use. All required utility easements will be provided by the applicant in other areas of the
development where necessary.
By a vote of 6 to 0, the Planning Commission recommended approval.
Options:
1.
Approve the request to vacate the portions of the referenced subdivision.
2.
Other action the Commission may deem appropriate.
Fiscal Impact:
No fiscal impact is anticipated as a result of the vacation of these subdivisions.
Submission Date and Time:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LEESBURG,
FLORIDA, VACATING AN AREA LYING BETWEEN LOTS
4, 5, 6 AND 7 WITHIN EDMUNDS ADDITION TO
LEESBURG SUBDIVISION PLAT, IN PLAT BOOK 1, PAGE
38, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA,
SAID PROPERTY GENERALLY LOCATED EAST OF
NORTH 14TH STREET AND NORTH OF CAUTHEN’S
CIRCLE, LYING IN SECTION 23, TOWNSHIP 19 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE. (PAUL HARSH
II)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
The City Commission of the City of Leesburg, Florida, finding that an area lying between
lots 4, 5, 6 and 7 within Edmunds Addition to Leesburg subdivision plat, a subdivision in Lake
County, Florida, is not needed for public purposes, therefore the portion of said Edmunds Addition
to Leesburg subdivision plat, legally described below is hereby vacated and relinquished, and except
as reserved hereinafter:
See attached Exhibit A
Section 2.
The intent of this vacation is to nullify the right of the public to the use of the right-of-way,
as legally described above.
Section 3.
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 _14th day of __January __, 2008.
THE CITY OF LEESBURG, FLORIDA
By:
Attest:
______________________________
City Clerk
_
Mayor
01/14/08
4.D.1.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From: From:
Bill Wiley, AICP, Interim Community Development Director
Subject:
Resolution authorizing an Annexation Agreement for Hawthorne Residential
Cooperation Association, Inc.
Staff Recommendation:
Staff recommends approval of the proposed annexation agreement.
Analysis:
As a result of the proposed annexation of approximately 68 acres of land into the City, an
Annexation Agreement has been prepared to address the overall concepts of the development. This
Agreement provides:

That the proposed annexation be given a zoning category of City PUD (Planned Unit
Development). The developer’s responsibility for the construction and installation of
infrastructure related to the improvements of the property.
Options:
1.
Approve the requested annexation agreement.
2.
Disapprove the proposed annexation agreement.
Fiscal Impact
There is no fiscal impact as a result of this action.
Submission Date and Time:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LEESBURG, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
ANNEXATION AGREEMENT WITH HAWTHORNE
RESIDENTIAL COOPERATION ASSOCIATION, INC.;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the Mayor and City Clerk of the City of Leesburg are hereby authorized and directed
to execute the Annexation Agreement between Hawthorne Residential Cooperation Association,
Inc. and the City of Leesburg, Florida, in the form attached as Exhibit “A” to this resolution.
That this Resolution shall be effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the 14th day of January 2008.
____________________________
Mayor
ATTEST:
______________________________________
City Clerk
EXHIBIT A
Legal Description
CASE #:049-1-080907
Alternate Key Numbers:
1296650 and 3246586
01/14/08
1066964, 1081912, 1775299, 1066948, 1081921,
4.D.2.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Bill Wiley, AICP, Interim Community Development Director
Subject:
Ordinance for annexation for Hawthorne Residential Cooperation
Association, Inc property
Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Hawthorne
Residential Cooperation Association, Inc. property.
Analysis
The property owner submitted an application for annexation of approximately 68 acres of land
generally located north of C.R. 48 and east of U.S. Hwy 27, as shown on the attached General
Location Map. The present zoning for this property is County R-6 (Urban Residential District) and
A (Agriculture). Currently, the property is undeveloped and the proposed use is a
commercial/residential mixed use development
Staff evaluated the area relative to additional property that could be annexed into the City to allow
for a more regular city limit/city service boundary. State Statute 171.0413(6) provides for the City to
initiate annexations with the consent of at least 50% of the property owners. Staff determined that
additional property could not be annexed at this time because adjacent property is developed
residentially.
Also on the agenda for this meeting is the rezoning of this property, which is recommended for
approval by the Planning Commission. The large scale comprehensive plan amendment is being
processed as part of the 1st cycle of 2008
City water and wastewater utilities are available in the area. The developer is responsible for all cost
and construction to make the necessary extension and hook-ups to City utilities in accordance with
City requirements. Police and fire services are presently provided in this area and impacts on the
provision of these services are estimated to be minimal.
Options:
1.
Approve the requested annexation. This will give the City jurisdiction over the use and
development of the subject site and provide for application of City standards to this
property.
2.
Disapprove the proposed annexation and allow the development to remain in the County
Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a small negative impact in the first
year ($2,251). Beginning in the 2nd year, the City will begin to realize a larger positive impact
($35,524)from the collection of property taxes.
Submission Date and Time:
Department: Community Development
Prepared by: Laura McElhanon, AICP
Attachments:
Yes____ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
APPROXIMATELY 68 ACRES AND BEING GENERALLY LOCATED
NORTH OF COUNTY ROAD 48 AND EAST OF U.S. HWY 27, LYING IN
SECTIONS 13 AND 14, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE
COUNTY, FLORIDA, WHICH IS CONTIGUOUS TO THE CITY LIMITS
OF THE CITY OF LEESBURG, FLORIDA, PROVIDING THAT SAID
PROPERTY SO ANNEXED SHALL BE LIABLE FOR ITS
PROPORTIONATE SHARE OF THE EXISTING AND FUTURE
INDEBTEDNESS OF SAID CITY; PROVIDING THAT SUCH
ANNEXED PROPERTY SHALL BE SUBJECT TO ALL LAWS AND
ORDINANCES OF SAID CITY AS IF ALL SUCH TERRITORY HAD
BEEN A PART OF THE CITY OF LEESBURG AT THE TIME OF
PASSAGE AND APPROVAL OF SAID LAWS AND ORDINANCES;
PROVIDING THAT SUCH ANNEXED TERRITORY SHALL BE
PLACED IN CITY COMMISSION DISTRICT 3; AND PROVIDING AN
EFFECTIVE DATE (HAWTHORNE COMMERCIAL).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of Hawthorne Residential Cooperation Association, Inc for the
property hereinafter described, which is contiguous to the existing city limits of the City of
Leesburg, Florida, that the property hereinafter described be annexed to the city limits of the City of
Leesburg, Florida, 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 hereinafter described
property is hereby annexed and made a part of the city limits of the City of Leesburg, Florida. The
subject property lying and situate in Lake County, Florida, is more particularly described as:
Legal Description
(See Exhibit A)
Alternate Key Numbers: 1038405, 2841508 & 2841516
Section 2.
All of the property, real and personal, within said annexed territory, described in Section 1
above, as provided by this ordinance, and the inhabitants thereof, shall be subject to the
government, jurisdiction, powers, franchises, duties, and privileges of the City of Leesburg, Florida,
and the said annexed property shall be liable, proportionately, for all of the present outstanding and
existing, as well as future, indebtedness of the City of Leesburg, Florida; that all of the ordinances of
the City of Leesburg, and all laws heretofore passed by the Legislature of the State of Florida relating
to and which now or hereafter constitute its Charter, shall apply to and have the same force and
effect on such annexed territory as if all such annexed territory had been a part of the City of
Leesburg, Florida, at the time of the passage and approval of said laws and ordinances. The property
annexed hereby is assigned to City Commission District 3.
Section 3.
This ordinance shall become effective immediately upon approval at second reading.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the ______ day of __________________, 2007.
THE CITY OF LEESBURG
By: ___________________________
Mayor
ATTEST:
___________________________________
City Clerk
EXHIBIT A
01/14/08
4.D.3.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Bill Wiley, AICP, Interim Community Development Director
Subject:
Ordinance for Rezoning for Hawthorne Residential Cooperation
Association, Inc.
Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from County R-6 (Urban Residential District) and A (Agriculture) to PUD
(Planned Unit Development).
Analysis:
The project site is approximately 68 acres. The property is generally located north of C.R. 48 and
east of U.S. Hwy 27, as shown on the attached General Location Map. The present zoning for this
property is County R-6 (Urban Residential District) and A (Agriculture). Currently, the property is
undeveloped and the proposed use is a commercial/residential mixed use development. The
surrounding zoning designations are County A (Agriculture), R-6 (Urban Residential District) and
RM (Mixed Home Residential).
The proposed zoning district of City PUD (Planned Unit Development) is compatible with adjacent
and nearby properties in the area and with the proposed City future land use designation of City
General Commercial.
The existing land uses surrounding the property are single family residential and undeveloped
property.
Development of the parcel shall require connection to the City utilities at the owner’s expense.
By a vote of 7 to 0, the Planning Commission recommended approval.
Options:
1.
Approve the proposed rezoning to City PUD (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:
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Newspapers:
_________________________________
_________________________________
Revised 6/10/04
3/7/16 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
REZONING APPROXIMATELY 68 ACRES GENERALLY LOCATED
NORTH OF C.R. 48 AND EAST OF U.S. HWY 27, LYING IN SECTIONS
13 AND 14, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY,
FLORIDA, FROM COUNTY R-6 (URBAN RESIDENTIAL DISTRICT)
AND A (AGRICULTURE) TO PUD (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 Hawthorne Residential Cooperation Association, Inc. 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 R-6 (Urban
Residential District) and A (Agriculture) to PUD (Planned Unit Development) subject to conditions
contained in Exhibit A, to-wit:
Legal Description
(See Exhibit B)
Alternate Key Numbers: 1038405, 2841508 & 2841516
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
, 2007.
THE CITY OF LEESBURG
ATTEST:
___________________________________
City Clerk
By: _________________________________
Mayor
CASE #:049-1-080907
EXHIBIT A
HAWTHORNE S.R. 48 DEVELOPMENT
PLANNED UNIT DEVELOPMENT CONDITIONS
SEPTEMBER 20, 2007
This Planned Unit Development Conditions for a PUD (Planned Unit Development) District is
granted by the City of Leesburg Planning Commission, Lake County, Florida to Hawthorne
Residential Cooperation Association, Inc. "Permittee" for the purposes and subject to the terms and
conditions as set forth herein pursuant to authority contained in Chapter 25 “Zoning”, Section 25278 “Planned Unit Development “of the City of Leesburg Code of Ordinances, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a Planned Unit Development (PUD)
zoning district to allow construction of a proposed mixed use development comprised of a
maximum of 159,990 sq. ft. in residential assisted facilities and commercial development consisting
of a maximum of 240,330 sq. ft. on approximately 68 acres, located northwest of the intersection of
County Road 33 and County Road 48, on a site within the City of Leesburg in accordance with their
PUD application and supplemental information.
1.
PERMISSION is hereby granted to Hawthorne Residential Cooperation Association, Inc. to
construct, operate, and maintain a Planned Unit Development in and on real property in the
City of Leesburg. The property is more particularly described as follows:
LEGAL DESCRIPTION:
See attached legal Exhibit B.
2.
LAND USE
The above described property, containing approximately 68 acres, shall be used for mixed use
residential and commercial development, pursuant to City of Leesburg development codes and
standards.
A.
Residential Development
1.
The maximum gross density for the residential assisted units shall not exceed 5.0
units per residential acre. Other similar lot mixtures may be approved by the
Planning and Zoning Manager. (See C.5 for commercial areas)
2.
A minimum yard setback shall be maintained for buildings with residential
assisted units of fifty (50) feet from all road right-or-ways and easements
bounding the project area.
3.
Minimum distance between structures shall be 30 feet; measured from building
wall to building wall.
4.
Corner lots shall have a minimum side yard setback of 20 feet from the public
right-of-way.
5.
Accessory structures shall have a minimum rear and side setback of 20 feet and
single accessory structures that are not attached to the principal structure shall
not occupy more than 30 percent of the required rear yard.
B.
6.
City staff as part of the plan approval process shall approve final lot sizes and
setbacks based on the general intent of the PUD design
7.
Impervious surface coverage shall not exceed 50 percent with open space of a
minimum of 50 percent.
8.
Maximum building height shall not exceed four stories or 50 feet.
9.
Permitted Uses:
a.
Residential assisted units (ACLF and Nursing Home) attached;
b.
Accessory structures;
c.
Temporary modular sales center and construction office not to exceed one
year from start of construction of project.
Recreational Development
1.
Recreational development provided on the site shall include active and passive
uses, as well as enclosed or un-enclosed recreational space, devoted to the
common use of the residents. Such recreation space shall consist of not less than
two hundred (200) square feet of space per dwelling unit. In computing usable
recreation space, the following items may be considered at one and twenty-five
hundredths (1.25) times the actual area.
a.
Recreational activities such as play grounds, basket ball, tennis and hand ball
courts, etc.
b.
Developed recreational trails which provide access to the public trail system.
c.
Swimming pool, including the deck area which normally surrounds such
pools.
d.
Indoor recreation rooms provided such rooms are permanently maintained
for the use of residents for recreation.
2.
The Planned Development shall provide pedestrian accessibility from all areas to
any proposed recreational areas.
3.
Recreational areas totaling approximately one acre shall be provided and developed
by the developer with type and location of improvements to be determined by
staff as part of the Preliminary Subdivision approval process.
4.
Recreational vehicle parking, if applicable, shall be restricted through deed
restrictions/covenants which shall prohibit parking within the development unless
an approved designated area is provided. If provided, the area shall be buffered
and final location will be determined by staff as part of the Preliminary Subdivision
approval process.
5.
In addition, the development shall dedicate a twenty-five (25) foot tract of land to
the City adjacent to CR-48 to be reserved for use as a public trail. Such trail shall
be developed by the developer per City trail requirements. Some credit may be
allowed toward the required recreation areas depending on final determination of
overall recreation and trail development plans. Final location and design shall be
determined during the preliminary plan/site plan review process.
C.
Commercial, Office and Community Facilities
1.
Town designed Commercial Center area of approximately 104,330 sq. ft shall be
situated at the northern center of the development. Primary design orientation of
the center will be toward the interior boulevard roadway. Final determination of
design and location of commercial areas shall be approved during the Preliminary
Subdivision Plan/Site Plan approval process.
2.
Allowable uses shall be those uses as described below:

Restaurant, General

Professional Office

Medical Services / Facilities

Retail, General

Storage Area

Salon/Barber Shop
3.
The minimum development standards shall be those of the C-2 (Community
Commercial) Zoning District of the Code of Ordinances. Lot sizes and setbacks
may be adjusted by staff during the site plan review process.
4.
Maximum impervious surface ratio for the designated commercial areas shall not
exceed seventy (70) percent ISR unless residential units are located above fifty (50)
percent of the commercial/office areas. With residential units the ISR shall
increase to eighty (80) percent.
5.
The inclusion of residential units shall not exceed 8.0 units per acre for commercial
areas.
6.
Maximum building height shall not exceed three stories or 40 feet unless residential
units are included; then maximum building height shall increase to four stories or
50 feet.
7.
Commercial development areas shall be properly screened from residential areas
with a buffer in accordance with the City of Leesburg Land Development Code
(as amended).
8.
Access to the commercial development areas shall be primarily from internal
roadway. Pedestrian access shall be provided from the residential areas to the
commercial area and connection to the City’s trail system shall be reviewed during
the site plan review process.
9.
The approximate 75,000 sq. ft. of commercial development shall be located in the
eastern and western entrances to the development, and shall be accessed through
the internal roadways of the development and shall have designs compatible and
similar to the town center concepts. In addition, they shall be properly screened
from residential areas with a buffer in accordance with the City of Leesburg Land
Development Code (as amended).
D. Open Space and Buffer Areas
.
1.
All wetlands on the project site shall be identified and the location and extent of
each wetland shall be determined by 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 plan application.
2.
Buildings or structures shall be an average of 50 feet from any wetland jurisdiction
boundary. Under no circumstances shall the minimum buffer width be less than 30
feet.
3.
Wetlands shall have a minimum upland buffer as 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.
4.
Land uses allowed within the upland buffers are limited to hiking trails, walkways,
passive recreation activities and stormwater facilities as permitted by St. Johns
River Water Management District.
5.
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.
6.
A wildlife/historical/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.
7.
To the extent practical, wetlands shall be placed in a conservation easement, which
shall run in favor of, and be enforceable by, St. Johns River Water Management
District or another legal entity such as a homeowners association. The
conservation easement shall require that the wetlands be maintained in their
natural and unaltered state. Wetlands shall not be included as a part of any platted
lot, other than a lot platted as a common area, which shall be dedicated to St.
Johns River Water Management District or another legal entity such as a
homeowners association for ownership and maintenance.
8.
A one hundred (100) foot wide vegetative landscaped buffer shall be required
along the east and west boundaries and a sixty-seven (67) foot wide buffer shall be
required along the south boundary of the development. In addition, a four
hundred (400) foot wide vegetative landscaped buffer shall be required along the
north boundary of the development. Along C.R. 48 adjacent to the accesses where
the commercial buildings are located, a thirty (30) buffer/setback for buildings
shall be required. This buffer shall require a landscape berm unless there is an
existing naturally heavily wooded area. Buffer widths may be reduced by the
Planning and Zoning Manager if a wall is used as a buffer. Buffers shall retain
existing healthy trees, shrubs and ground cover and shall include additional
plantings where needed as provide in D.9 below.
a.
9.
The property boundary lines adjacent to the single family residence to the
south, in addition, shall have an eight (8) foot decorative solid fence or wall
with landscaping. The exact design and location of the wall shall be
determined during the site plan review process.
Landscaping of any required buffer areas shall be as follows:
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 Land Development Code.
E.
3.
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.
f.
Variations to the landscape requirements may be approved by the
Planning and Zoning Manager as long as the intent of the PUD is
maintained.
Development Phasing
1.
The proposed project may be constructed in phases in accordance with the
Planned Unit Development Master Plan (attached as part of these conditions). The
residential portion of the property may be developed prior to the commercial
portion of the property which shall be developed as a separate phase. Changes to
the Development Plan, other than those conditions described in this agreement,
shall be revised in accordance with the Planned Unit Development review process.
2.
Implementation of the project shall substantially commence within 24 months of
approval of this Planned Unit Development. In the event, the conditions of the
PUD have not been 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 RE-1 (Estate
Density Residential) or another appropriate zoning classification less intense than
the development permitted by these PUD Conditions.
STORMWATER MANAGEMENT / UTILITIES
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:
4.
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 on
the plat prior to the approval of the final plat of record. A homeowners association is an
acceptable maintenance entity.
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.
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.
TRANSPORTATION IMPROVEMENTS
A.
All transportation improvements shall be based on a current traffic analysis and shall be
contingent upon Preliminary Subdivision Plan approval by City staff during the
development review and permitting process.
B.
Vehicular access to the project site shall be provided by a minimum of three public access
points, one on Royal Palm Drive to the west and two on C.R.48 to the south. The Royal
Palm Drive shall be a controlled restricted access for residents of the Hawthorne
Subdivision. The two C.R.48 accesses shall be through public divided boulevard type
accesses. In addition, the commercial parcels along C.R.48 shall provide cross accesses to
the adjacent parcels to the east and west. Actual locations and design of the accesses shall
be determined during the Preliminary Subdivision Plan review process and shall include
consideration of sidewalks, recreation/trail paths etc. Other potential public accesses such
as to the east and northwest will be reviewed during the development review process.
C.
The Permittee shall provide all necessary improvements/paving/right-ofway/signalization within and adjacent to the development as required by FDOT, Lake
County and City of Leesburg.
5.
D.
All roads within the development shall be designed and constructed by the developer to
meet the City of Leesburg requirements including at a minimum Miami curbs.
E.
Sidewalks shall be provided on both sides of the local internal roads and shall provide
cross connections to all recreation and residential areas. Internal road rights-of-ways shall
be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in
accordance with City of Leesburg Codes.
F.
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
preliminary plan approval.
G.
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.
H.
A traffic/transportation analysis shall be submitted prior to preliminary plan approval for
review and determination of any necessary access improvements. Said improvements will
be the responsibility of the Permittee.
I.
At such time that traffic signals are warranted at the intersections adjacent to the
proposed project entrances, the Permittee shall pay their pro-rata share of the cost of the
signal(s) as determined by City staff.
DESIGN REQUIREMENTS
A.
All buildings shall utilize at least three of the following design features to provide visual
relief along all elevations of the building.
1.
Dormers
2.
Gables
3.
Recessed or raised entries
4.
Covered porch entries
5.
Cupolas
6.
Pillars or decorative posts
7.
Bay window (minimum 12 inch projections)
8.
Eaves (minimum 6-inch projections)
9.
Off-sets in building face or roof (minimum 16- inch trim).
10.
Any other treatment which, in the opinion of the Planning and Zoning Manager,
meets the intent of this section.
B. Commercial Town Center Design
1.
Building frontages shall occupy no less than 75% of the street facing entrance.
2.
Height. The maximum building height may be increased by 10 feet as an incentive
for vertical mixed use buildings, except where adjacent to single-story residential
uses.
3.
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.
4.
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.
5.
Storefront character. Commercial and mixed-use buildings shall express a
“storefront character” with the design elements complimenting residential areas.
This guideline is met by providing all of the following architectural features along
the building frontage as applicable.
6.
C.
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.
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 callout the location of building entries.
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 front 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.).
6.
7.
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 Planning and Zoning Manager for compliance.
4.
Sides and rear of building shall be finished at a minimum with textured stucco and
some integration of the front elevation materials and design.
C.
Design of the project shall comply with the intent of Sec. 25-288 Commercial uses
(m) Retail--Large commercial design standards of the Land Development Code.
D.
Other similar design variations meeting the intent of this section may be approved by the
Planning and Zoning Manager.
MISCELLANEOUS CONDITIONS
A.
The uses of the proposed project shall only be those uses identified in the approved
Planned Unit Development Conditions. Any other proposed use must be specifically
authorized by the Planning Commission in accordance with the Planned Unit 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 Code of Ordinances, 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.
CONCURRENCY
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.
CASE #:049-1-080907
Exhibit B
Legal Description
Conceptual Development Plan
Exhibit C
01/14/08
4E.
AGENDA MEMORANDUM
Meeting Date:
December 17, 2007
From:
Paul Kalv, Electric Director
Subject:
Ordinance accepting a Utility Easement from RaceTrac Petroleum, Inc.
Staff Recommendation:
Staff recommends approval of the ordinance accepting a utility easement from RaceTrac Petroleum,
Inc. along US 441 at Tomato Hill Road.
Analysis:
RaceTrac Petroleum, Inc. is granting a utility easement to the City of Leesburg for the purpose of
construction, installation, repair, maintenance, replacement and improvement of underground or
above ground utilities, including but not limited to water, sewer, reuse water, natural gas, electricity,
cable television, fiber optics, and telecommunications.
Options:
1. Accept the utility easement or:
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
None
Submission Date and Time:
Department: ___Electric_____________
Prepared by: ___Paul Kalv___________
Attachments:
Yes__X__ No ______
Advertised: ____Not Required __X____
Dates: __________________________
Attorney Review :
Yes_X__ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head _P. D. Kalv_
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
ACCEPTING A UTILITY EASEMENT FROM RACETRAC
PETROLEUM, INC., AS GRANTOR, TO THE CITY OF
LEESBURG, AS GRANTEE, PERTAINING TO LAND LOCATED
IN SECTION 20, TOWNSHIP 19 SOUTH, RANGE 25 EAST,
LAKE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
The City of Leesburg, Florida, does hereby accept from RaceTrac Petroleum, Inc., a Utility
Easement dated November 5, 2007, and recorded in Official Records Book 3539, Pages 2368–2373,
Public Records of Lake County, Florida, conveying certain real property located in Section 20, Township
19 South, Range 25 East, Lake County, Florida, and more particularly described in said Utility Easement,
to the City of Leesburg.
Section 2.
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.
Section 3.
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 ______________, 2007.
THE CITY OF LEESBURG
By:___________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
01/14/08
4F.
AGENDA MEMORANDUM
Meeting Date:
December 17, 2007
From:
Edward F. Smyth, Jr., Deputy City Manager
Subject:
Ordinance accepting a Sidewalk & Utility Easement from Cutrale Citrus
Juices USA, Inc.
Staff Recommendation:
Staff recommends approval of the ordinance accepting a utility easement from Cutrale Citrus Juices
USA, Inc.
Analysis:
Cutrale Citrus Juices USA, Inc. is granting a sidewalk and utility easement to the City of Leesburg
for the purpose of construction, installation, repair, maintenance, replacement and improvement of
underground or above ground utilities, including but not limited to water, sewer, reuse water, natural
gas, electricity, cable television, sidewalks, and telecommunications. The property is located on
north side of Magnolia Street, adjacent to the existing warehouse building.
Options:
1. Accept the utility easement; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
None
Submission Date and Time:
Department: Administration
Prepared by: E.F. Smyth, DCM
Attachments:
Yes _X_ No ______
Advertised: ____Not Required X
Dates: __________________________
Attorney Review :
Yes _X__ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head __
_
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
WF No. ______________________
Submitted by:
City Manager ___________________
Budget ______________________
Available _____________________
01/14/08
4G.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Edward F. Smyth, Jr., Deputy City Manager
Subject:
Ordinance amending the City of Leesburg Municipal Firemen's Retirement
plan by amending section 1.2, "participation" to provide that employees
employed on or after October 1, 2007 as firefighters shall make pension
contributions immediately upon employment
Staff Recommendation:
Staff recommends adopting the amendment to the Municipal Firemen’s Retirement plan as
presented.
Analysis:
Over the past several years, the Municipal Firemen’s Retirement plan has experienced actuarial
shortfalls, requiring the City to make contributions to the fund to maintain its financial stability.
Since February 2007, staff has been working with the Pension Board of the Plan to determine where
plan modifications are necessary to reduce or eliminate future City payments to this plan. One
particular item in the existing plan “Participation” provided one year of credited service toward
retirement benefits without a contribution. Under the current Plan, contributions are not required
until after the firefighter completes their first year of employment. Over the years, this provision
has created an increasing demand on the investments to provide the additional benefits. This has
worked well in years where the investments have performed extremely well, however this is not the
case in years where the investments have only performed as expected or below expectations.
Staff worked with the Firemen’s Retirement Board of Directors to develop an amendment that will
eliminate this benefit and require participants to make contributions beginning on their first day of
employment as a firefighter. This amendment will eventually reduce the actuarial shortfall caused by
this benefit.
Options:
1. Adopt the Amendment as presented; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
This change in the “Participation” section will only affect those hired after October 1, 2007.
Submission Date and Time:
3/7/2016 9:07 PM____
Department: Administration
Prepared by: EF Smyth, DCM
Attachments:
Yes X No ______
Advertised: ____Not Required ______
Dates: __________________________
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
WF No. ______________________
Attorney Review :
Yes X No ____
_________________________________
Revised 6/10/04
Submitted by:
City Manager ___________________
Budget ______________________
Available _____________________
ORDINANCE NO. 08-______
AN ORDINANCE OF THE CITY OF LEESBURG,
FLORIDA, AMENDING THE CITY OF LEESBURG
MUNICIPAL FIREMEN'S RETIREMENT PLAN BY
AMENDING SECTION 1.2, "PARTICIPATION" TO
PROVIDE THAT EMPLOYEES EMPLOYED ON OR
AFTER OCTOBER 1, 2007 AS FIREFIGHTERS SHALL
MAKE PENSION CONTRIBUTIONS IMMEDIATELY
UPON EMPLOYMENT; PROVIDING THAT INVALIDITY
OF ANY PORTION HEREOF SHALL NOT AFFECT THE
REMAINING PORTIONS OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, by Leesburg City Ordinance 00-47 effective April 1, 2000, the Leesburg
City Commission adopted the amended and restated City of Leesburg Municipal Firemen's
Retirement Plan effective April 1, 2000; and
WHEREAS, by Leesburg City Ordinance 04-55 dated August 9, 2004, but retroactive to
October 1, 2003, the Leesburg City Commission adopted Amendment One amending
Section 2.2(D), "Supplemental Retirement Income" of the City of Leesburg Municipal Firemen's
Retirement Plan; and
WHEREAS, the City Commission of the City of Leesburg has the power by virtue of
Section 3.5 of said amended and restated Retirement Plan to amend the City of Leesburg
Municipal Firemen's Retirement Plan; and
WHEREAS, the Retirement Committee of the City of Leesburg Municipal Firemen's
Retirement Plan, in consultation with the Retirement Committee's attorney has recommended the
amendment of the Plan as set forth in the attached Amendment Two; and
WHEREAS, the Leesburg City Commission has considered the changes set forth in the
attached Amendment Two, and desires to hereby adopt and establish same in force and effect in
the City of Leesburg, Florida;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
LEESBURG, FLORIDA:
SECTION I.
The City of Leesburg Municipal Firemen's Retirement Plan as amended and restated, effective
April 1, 2000, as further amended effective October 1, 2003, is hereby amended as set forth in
the attached Amendment Two which is attached to this Ordinance and by this reference
incorporated herein and made a part hereof, and said Amendment Two is hereby approved and
adopted.
SECTION II.
The provisions of said Amendment Two to the City of Leesburg Municipal Firemen's Retirement
Plan, shall be effective the first pay period of fiscal year 2007-2008.
SECTION III.
The Mayor and City Clerk of the City of Leesburg are hereby authorized and directed to execute
said Amendment Two attached to this Ordinance for and on behalf of the City of Leesburg.
SECTION IV.
The provisions of this Ordinance are severable and if any section, sentence, clause, or phrase
hereof is for any reason held to be unconstitutional, invalid or ineffective, such holding shall not
affect the validity of the remaining portions of this Ordinance, it being expressly declared to be
the City Commission's intent that it would have passed the valid portions of this Ordinance
without the inclusion therein of any invalid portion or portions.
SECTION V.
All ordinances or parts of ordinances which are in conflict with this Ordinance are hereby
repealed.
SECTION VI.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED ON THE SECOND READING AND ADOPTED at the regular meeting of the
City Commission of the City of Leesburg, Florida held on the ____ day of _________________,
2007.
THE CITY OF LEESBURG, FLORIDA
BY:
Mayor
Attest:
City Clerk
AMENDMENT TWO
CITY OF LEESBURG MUNICIPAL FIREMEN'S RETIREMENT PLAN
The City of Leesburg Municipal Firemen's Retirement Plan, amended and restated
effective April 1, 2000 as further amended effective October 1, 2003, is hereby amended
effective October 1, 2007, as follows:
By amending Section 1.2 – PARTICIPATION to read as follows:
"1.2 - PARTICIPATION
The date of participation for each Employee employed prior to and on or
after October 1, 1978, shall be as follows:
(A)
Each Employee in the Service of the City on October 1, 1978, who
was a Participant in the Superseded Plan shall participate in the
Plan on that date.
(B)
Each Employee in the Service of the City on October 1, 1978, who
had both attained age 18 and completed one [1] year of Credited
Service shall be eligible to participate in the Plan on October 1,
1978.
(C)
Each other such Employee employed on or after October 1, 1978
but before October 1, 2007 shall participate in the Plan on the date
such Employee has both attained age 18 and completed of one [1]
year of Credited Service.
(D)
Each other such Employee employed on or after October 1, 2007
shall participate in the Plan on the date such employee is employed
as a firefighter as defined by Section 175.032(8)(a), Florida
Statutes, with the City of Leesburg.
Each such Employee who meets the eligibility requirements as set forth
above shall, as a condition of continued employment, become a Participant in the
Plan, make contributions to the Plan as required in Section 1.3 hereof, and will be
subject to all other provisions in the Plan beginning on such date of participation."
Except as herein amended, the Plan shall remain in full force and effect.
IN WITNESS WHEREOF, the CITY OF LEESBURG, as Employer, has caused these
presents to be executed by its duly authorized officers on this ____ day of
__________________, 2008, effective October 1, 2007.
ATTEST:
CITY OF LEESBURG,
as Employer
BY:
City Clerk
(CITY SEAL)
01/14/08
Mayor
4H.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Dennis M. Sargent, Fire Chief
Subject:
Ordinance amending Chapter 10, Fire Protection and Prevention, of the
Code of Ordinances of the City of Leesburg,
Staff Recommendation:
Staff recommends approval of the ordinance amending Chapter 10, Fire Protection and Prevention
of the City of Leesburg Code of Ordinances.
Analysis:
Section 10-1 is unchanged.
Section 10-2: Fire Prevention Code Adopted was eliminated as it was outdated and is now covered
by State Statute.
Section 10-3 is now 10-2. This section is unchanged.
Section 10-4 is now Section 10-3. The only change is to adopt the current edition of the Florida Fire
Prevention Code, which is mandated by State Statute.
Section 10-5 is now 10-4 and the appeals process was changed to match the City’s building
department appeals process (Section 7-3 of the City Code).
Section 10-6 is now 10-5. Unchanged
Section 10-7 is now 10-6. This section adds CR 33, CR 48, CR470, and the Florida Turnpike to the
routes authorized for transporting explosives and blasting agents.
Section 10-8 is now 10-7. Unchanged
Section 10-9 is now 10-8. This section adds CR 33, CR 48, CR470, and the Florida Turnpike to the
routes authorized for transporting chemicals and other dangerous articles.
Section 10-10 is now 10-9. Unchanged
Section 10-11 is now 10-10. Unchanged
Section 10-12 is now 10-11. Unchanged
Section 10-13 is now 10-12. This section replaces the 1992 NFPA Fire Code with the 2003 Florida
Fire prevention Code, which is mandated by State Statute.
Section 10-13 establishes a mechanism to adopt fees for service.
This section simply states that fees for services delivered by the Fire department shall be established
by resolution of the City Commission. This resolution will be placed before the Commission for
their consideration separately from this ordinance.
Section 10-14 New section providing clarification of issues concerning fire or smoke alarms
Section 10-15 New section referencing the Leesburg Fire Department Fire Flow Requirements Sheet
as the reference for needed fire flow.
Section 10-16 New section clarifying fire extinguisher requirements
Section 10-17 New section providing acceptable alternatives for emergency access to gated
communities.
Options:
1. Approve the ordinance amending Chapter 10, Fire Protection and Prevention, or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
There is no fiscal impact from the changes being made to the Ordinance itself. The Resolution that
will be enabled under Section 13 of the Ordinance, will allow for the establishment of fees for
service that could have a positive impact upon the General Fund.
Submission Date and Time:
Department: ______________________
Prepared by: ______________________
Attachments:
Yes____ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
LEESBURG,
FLORIDA,
AMENDING
CHAPTER
10,
FIRE
PROTECTION AND PREVENTION, OF THE CODE OF
ORDINANCES OF THE CITY OF LEESBURG, FLORIDA, UPDATING
CODE REFERENCES, ADDING PRIMARY TRANSPORTATION
ROUTES AND ESTABLISHING FEES FOR SPECIFIED FIRE
INSPECTIONS, PLANS REVIEW, EXCESSIVE FALSE ALARMS,
SPECIAL DETAILS, AND RESPONSE TO HAZARDOUS MATERIALS
INCIDENTS, VEHICULAR EXTRICATION, AND FIRES CAUSED
INTENTIONALLY, OR ILLEGALLY OR BY NEGLIGENCE,
REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF LEESBURG, FLORIDA:
SECTION I.
CHAPTER 10, Fire Protection and Prevention, of the Code of Ordinance of the City
of Leesburg, Florida, to read as set forth below:
Chapter 10 FIRE PROTECTION AND PREVENTION*
__________
*Cross references: Advertising and signs, § 3-1 et seq.; buildings and building regulations, § 7-1 et
seq.; code enforcement board, powers, § 2-72; comprehensive plan, § 2-241 et seq.; offenses, § 15-1
et seq.; pensions and retirement, § 17-1 et seq.; zoning, § 25-1 et seq.
State law references: Fire prevention and control, F.S. Ch. 633; sale of fireworks, F.S. Ch. 791;
explosives, F.S. Ch. 552.
__________
Section 10-1: Definitions
The following words, terms and phrases, when used in the fire prevention code adopted in this
chapter, shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Chief of the bureau of fire prevention shall mean the chief of the fire department.
Corporation counsel shall mean the attorney for the city.
Municipality shall mean the city.
(Code 1953, § 12-13)
Cross references: Definitions and rules of construction generally, § 1-2.
Section 10-2: Modifications of Code; Special Inspector
(a) Modifications of code. The chief of the bureau of fire prevention, shall have power to modify any
of the provisions of the code adopted in this chapter upon application in writing by the owner or
lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out
the strict letter of the code adopted in this chapter, provided that the spirit of the code shall be
observed, public safety secured, and substantial justice done. The particulars of such modification
when granted or allowed and the decision of the chief of the bureau of fire prevention thereon shall
be entered upon the records of the department and a signed copy shall be furnished the applicant.
(b) Special inspector. In the event any building, project or other construction is deemed by the fire
chief in his sole discretion to be so complex, extensive or otherwise unusual as to be beyond the
capabilities of the fire chief and his staff to supervise and inspect, whether due to the manpower and
time involved in such inspections or the special skills which would be required, then the fire chief at
his option may require the property owner or developer to employ the services of a duly qualified,
properly licensed person, firm or organization not part of, already employed by, or affiliated with,
the owner, or developer, his contractor, engineer or architect, to act as independent special inspector
and conduct the various inspections required to assure compliance with the applicable codes. The
special inspector must be approved by the fire chief before work on the project commences, and if
at any time the special inspector resigns, is terminated by the property owner or developer or
otherwise is no longer employed in that capacity, then the fire chief may order work on the project
to cease until such time as another special inspector has been obtained. The special inspector shall
report to, and be directly responsible to, the fire chief, but all costs and expenses of employing the
special inspector shall be paid directly by the property owner or developer.
(Code 1953, § 12-20; Ord. No. 88-23, § 1, 7-11-88)
Section 10-3: Establishment and Duties of Bureau of Fire Prevention
(a) The fire prevention code adopted in this chapter shall be enforced by the bureau of fire
prevention in the fire department of the city, which is hereby established and which shall be
operated under the supervision of the chief of the fire department.
(b) A report of the bureau of fire prevention shall be made annually and transmitted to the chief
executive officer of the municipality. It shall contain all proceedings under the fire prevention code,
with such statistics as the chief of the fire department may wish to include therein. The chief of the
fire department shall also recommend any amendments to the fire prevention code which, in his
judgment, shall be desirable.
(Code 1953, § 12-12)
Section 10-4: Appeal Procedure for Fire Regulations
(a) Anything contained in any of the codes adopted in this chapter notwithstanding, any appeal of a
decision by the official charged with the responsibility of administration and enforcement under any
of these Codes (Florida Fire Prevention Code and any NFPA Publications, U.S. Government
Publications, or other publications adopted by the Florida Fire Prevention Code) shall be directed to
the board of adjustments and appeals, which is comprised of the planning and zoning commission
of the City of Leesburg, Florida, as described in section 25-91 of this Code. The planning and
zoning commission shall serve this function and any requirements in any of the codes adopted in
this chapter regarding the composition of the board of adjustments and appeals shall not apply and
are hereby specifically rendered inapplicable to appeals under those codes within the City of
Leesburg. Any appeal shall be filed within thirty (30) days of the date on which the official renders
the decision to be appealed and shall be initiated by submitting a written request to the city manager,
or his designated representatives specifying:
(1) The official who made the decision.
(2) The nature of the decision to be appealed.
(3) The date on which the decision was rendered.
(4) The grounds on which it is to be appealed (see “Grounds for appeal for building regulations”
below for grounds).
(b) The city manager or his designated representative shall then schedule a hearing before the
board of adjustments and appeals, at which hearing the appellant shall present arguments in favor of
his position and the official involved shall have the opportunity to present his position on the issue.
The board of adjustments and appeals shall then render its decision on the appeal. If the appellant is
dissatisfied with the decision of the board of adjustments and appeals, and wishes to pursue further
appeals, the appellant must file a notice of appeal with the Circuit Court of Lake County, Florida,
within thirty (30) days of the date of the meeting at which the board of adjustments and appeals
heard and decided the case.
Grounds for appeal for building regulations
The board of adjustments and appeals shall have the power, as further defined below, to hear appeals
of decisions and interpretations of the building official and to consider variances to the technical and other
codes. The owner of a building, structure or service system, or his duly authorized agent, may appeal to the
board whenever any one of the following conditions (grounds for appeal) are claimed to exist:
(1) The building official is in error by rejecting or refusing to approve the mode or manner of construction
proposed to be followed and/or the materials to be used in the installation or alteration of a certain building,
structure or service system.
(2) The Code provisions claimed by the building official to be violated do not apply to this specific case.
(3) That an equally good or more desirable form of installation can be employed to satisfy the Code in this
case.
(4) The true intent and meaning of this Code and certain of the regulations there
under have been misconstrued or incorrectly interpreted.
Section 10-5: Portable Oil Heater or Kerosene Stove; Maintenance
and Keeping Prohibited
(a) Definition. For the purpose of this section a portable oil heater or kerosene stove is any stove or
appliance which uses kerosene or fuel oil or any combustible mixture or inflammable mixture and is
designed for the heating of space in buildings or structures and does not require and have a
connection to a flue; including oil stoves and oil heaters equipped with a woven wick but excluding
portable apparatus not designed primarily to heat spaces in buildings or structures.
(b) Prohibitions. It shall be unlawful for any person:
(1) To maintain a portable oil heater in any building or structure or portion thereof, in such a
manner as to be arranged, designed or intended for use;
(2) To keep or store a portable oil heater in any space used, arranged, designed or intended for
living or sleeping purposes in any building or structure; or being an owner or agent of any building
or structure, or otherwise having charge of or control over any space therein, whether or not such
space is used, arranged, designed or intended for living or sleeping purposes to use or knowingly
permit the use of a portable oil heater;
(3) To use or knowingly permit the use of a portable oil heater in any building or structure or
portion thereof;
(4) Being an owner or agent of any building or structure, or otherwise having charge of or control
over any space therein, whether or not such space is used, arranged, designed or intended for living
or sleeping purposes to provide or place or cause to be provided or placed in such space, a portable
oil heater for use by the occupant of such space.
(Code 1953, § 18-15.2)
Section 10-6: Explosives and Blasting Agents--Routes for Vehicles
Transporting
The routes for vehicles transporting explosives and blasting agents are hereby established as follows:
(1) U.S. Highway 27 (SR 25); U.S. Highway 441 (SR 500); SR 44, CR 33, CR 48, CR 470, Florida
Turnpike (Ronald Reagan Turnpike). No such vehicle shall travel any other route except when
making local deliveries of the explosives or blasting agents.
(Code 1953, § 12-17; Ord. No. 83-29, § 4, 10-10-83; Ord No. 94-23, § 2, 11-14-94)
Cross references: Traffic and vehicles, § 21-1 et seq.
Section 10-7: Same--Zoning Districts in Which
Storage is Prohibited
(a) The limits in which storage of explosives and blasting agents is prohibited, are hereby
established as areas zoned R-1, R-1A, R-2, R-3, C-1, C-1A, C-2 and C-3 as defined in Chapter 29 of
the code adopted in this chapter.
(b) In zoning districts where storage of explosives or blasting agents is allowed, within twenty-four
(24) hours of commencing to store such items, the owner of the storage site shall register it with the
fire department, stating the property location, the type and amount of such items to be stored, and
the estimated duration of such storage. When storage ceases, the fire department likewise shall be
notified thereof, and if storage later recommences at the same site, it shall be re-registered at that
time.
(c) Fire department personnel shall have the authority, subject to constitutional limitations, to enter
and inspect any premises where explosives or blasting agents are stored, to inspect the storage site
and the items stored. If the manner of storage or the nature or condition of the stored items is
found by the inspection to present an unsafe condition, the fire chief may order such corrective
action as he deems necessary to remedy the unsafe condition, including removal of all or part of the
stored items if necessary to alleviate the dangerous condition. Failure to comply with such a directive
within the time specified therein shall be grounds for revocation by the fire chief of the registration
of the site for storage of explosives or blasting agents.
(Ord. No. 84-45, § 1, 9-24-84)
Cross references: Zoning district regulations, § 25-36 et seq.
Section 10-8: Establishment of Motor Vehicle Routes for Vehicles
Transporting Hazardous
Chemicals or Other Dangerous Articles
The routes for vehicles transporting hazardous chemicals and other articles are hereby established as
follows:
(1) U.S. Highway 27 (SR 25); U.S. Highway 441 (SR 500); SR 44; CR 33; CR 48; CR 470, Florida
Turnpike (Ronald Reagan Turnpike). No such vehicle shall travel any other route except when
making local deliveries of the hazardous materials.
(2) The transportation of hazardous chemicals and other dangerous articles by motor vehicles shall
comply with Department of Transportation Regulations.
(3) Owners of vehicles involved in interstate shipments shall obtain a permit to transport
hazardous chemicals, and other dangerous articles on designated routes within the municipality.
Such application shall certify that said vehicles meet all equipment requirements of Department of
Transportation Regulations. Owners of vehicles involved only in interstate shipments and complying
with Department of Transportation Regulations shall register with the chief of bureau of fire
prevention for the purpose of assuring due notification and use of officially designated routes,
approved stopping and parking places and inspection stops.
(Code 1953, § 12-18; Ord. No. 83-29, § 5, 10-10-83; Ord. No. 94-23, § 3, 11-14-93)
Cross references: Traffic and vehicles, § 21-1 et seq.
Section 10-9: Establishment of Fire Lanes on Private Property,
Devoted to Public Use
The fire lanes referred to in section 1141 of the code adopted in this chapter are hereby established
as follows:
Fire lanes shall be established on private property devoted to public use by the owner thereof in
such a manner as to prevent the parking of motor vehicles or other obstructions from interfering
with the ingress and egress of fire department vehicles, for the protection of persons and property.
These properties shall include, but not be limited to, shopping centers, bowling, lanes, theaters,
hospitals, churches, and similar locations. These lanes shall be a minimum of twenty-(20) feet in
width and shall extend from the public street to the farthest part of the building.
(Code 1953, § 12-19; Ord. No. 94-23, § 4, 11-14-94)
Section 10-10: New Materials, Processes or Occupancies Which May
Require Permits
The mayor-commissioner of the city commission, the chief of the fire department and the fire
marshal shall act as a committee to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in
addition to those now enumerated in the code adopted in this chapter. The chief of the bureau of
fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof
to interested persons.
(Code 1953, § 12-22)
Section 10-11: Fire Limits
In order to prevent a calamity or disaster by fire of properties in the city, the fire limits of the city
shall consist of all of C-1, C-2, C-3, and P districts, plus M districts located within five hundred (500)
feet of residentially zoned property.
(Ord. No. 95-23, § 5, 11-14-94)
Section 10-12: Amendment to Chapter 13 Section 3 of the
Florida Fire Prevention Code (NFPA 1) (2003).
The Florida Fire Prevention Code (NFPA 1), Chapter 13 Section 3, "Fire Protection Systems" is
hereby amended and adopted as follows:
13-3 Automatic sprinklers shall be installed and maintained in full operating condition, and comply
with the standards listed in NFPA 13 and NFPA 25. All new assembly, mercantile, industrial,
educational, storage, business, occupancies including commercial structures, apartments, and
timesharing arrangements, that are 5,000 square feet or more in gross area, or two stories or more in
height, shall be protected throughout by an approved automatic sprinkler system in accordance with
NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13R, Standard for the
Installation of Sprinklers Systems in Residential Occupancies up to and including Four Stories in
Height; or NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family
Dwellings and Manufactured Homes, as appropriate.
All sprinkler systems shall be monitored for water-flow and integrity by an Underwriter’s
Laboratories Inc., listed twenty-four hour central station alarm system to summon the Fire
Department in the event of activation. The fire alarm system shall be installed as per all applicable
codes of NFPA 72, National Fire Alarm Code and NFPA 70, National Electric Code.
Section 10-13: Fire Department Fees
Fees for services delivered by the Leesburg Fire Department shall be established, maintained and
modified by Resolution of the City Commission of the City of Leesburg, Florida.
Section 10-15: Water Supply
Water supply requirements shall be as stated on the “Leesburg Fire Department Fire Flow
Requirements Data Sheet”.
Section 10-16: Fire Extinguishers
All required fire extinguishers shall have a minimum of 3A40BC rating except for extinguishers
located in cooking areas which shall have a Class K rating.
SECTION IV.
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.
THE CITY OF LEESBURG, FLORIDA
________________________________
Mayor
Attest: _____________________________
City Clerk
01/14/08
4I.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Jerry Boop, CPA, Finance Director
Subject:
Ordinance Amending the Fiscal Year 2007-08 Budget for the General,
Stormwater, Hwy 441/27 CRA, Capital Projects, Electric, Gas, Water,
Wastewater, Communications, Solid Waste and Health Insurance Funds for
carryovers from fiscal year 2006-07
Staff Recommendation:
Adopt the attached ordinance amending the fiscal year 2007-08 budget for the General, Stormwater,
Hwy 441/27 CRA, Capital Projects, Electric, Gas, Water, Wastewater, Communications, Solid
Waste and Health Insurance Funds.
Analysis:
Every year the City processes a budget amendment to “carry over” those expenditures that were not
completed by the end of the previous fiscal year. As established in the Budget Policy, adopted
September 28, 1998, total appropriations within a fund cannot increase or decrease without formal
action by the City Commission.
This budget adjustment includes purchase orders that were issued prior to September 30, 2007, and
the amounts were not included in the original budget for 2007-08 as well as projects not completed
last fiscal year. The following project carryovers from fiscal year 2006-07 are part of the budget
adjustment presented.
General Fund
Capital Projects
ARFF Mitigation Compliance
Work Order #4 DBE Plan
CAP Building Renovation
SR 470 Tower Site
Radio Tower Equipment
Bunker & Locker Room St 4
Fleet Equipment
Transportation Impact Fee Study
City Hall Roof
Library Equipment
Amount
22,442
1,740
31,639
7,150
16,154
36,488
20,465
5,687
18,000
6,357
Pool Equipment
5,272
General Fund (cont.)
Capital Project
MLK Shelter
Bleacher Covers
Girl Scout Hut
Playground Renovations
HR Travel/Training
Amount
18,591
20,000
14,190
74,481
6,310
304,966
Stormwater
Venetian Gardens
Whispering Pines
Tally Basin
Stormwater Master Plan
235,341
1,294,924
20,637
1,653
1,552,555
Hwy 441/27 CRA
Capital Projects
Electric
Gas
Mast Arms
Runway 13/31 Extension
Runway 13/31 Cons/ Mitigation
FBO Ramp Space Phase II
Taxiway & Runway Lights
Overlay Runway 3/21
Gymnasium Access Road
Magnolia Street
Lake Pointe Circle
US Hwy 441 Streetscape
Installation of Mast Arms
Library
Rails to Trails- Fountain Lk Trl
Rails to Trails-Trail Amenities
Community/Rec Complex
Gymnasium
Mote Morris Roof Replacement
Herlong Park Dock Renovations
200,000
200,000
166,243
5,054,158
770,000
400,000
225,000
105,642
288,002
33,524
783,284
231,019
301,133
199,700
40,438
12,840
1,512,153
60,000
15,000
10,198,136
Contract Services
Fire Retardant Clothing
Substation Transformer Equip
Install Reclosure N. Substation
Transformer Swap Airport Sub
Distribution Lines
Subdivision
Reconducturing
51,766
12,000
27,154
37,400
300,000
5,428,486
1,000,000
2,733,480
9,590,286
Equipment
Mains
Services
3,723
2,100,000
226,624
2,330,347
Water
Wastewater
Communications
Solid Waste
Capital Project
Lake Country Water Alliance
Engineering/Contract Services
Consumer Confidence Reports
Hwy 441 Perkins to Griffin
Stock Subdivision
Executive Blvd
SW Area Transmission Main
SR 44 (LRMC/Marina) Ext
Emergency Generator System
Plantation
Elevated Tank College St
Elevated Tank Newell
Royal Highlands WTP
Abandon Well #8
Disinfection System Improvement
Mall Elevated Tower
Main WTP- HSP
SW Area Booster Pump Area
Airport WTP Hydroneumatic
Reuse New Water Plant
Turnpike Facility
Booster Pump East
Arlington Ridge/ Legacy Connect
Turnpike Transmission Mains
Effluent Line Rehab
Plantation Connection
City Core System
Engineering/Contract Services
Rentals
Canal Street Plant
Moose Line
Hwy 441- Perkins to Griffin
Plantation
Turnpike Plant Permit Renewal
Lift Station Rehab Station 16
Lift Station Rehab Station 16A
Herlong Park Force Main
SW Area Design & Permitting
SW Area Influent Pump Station
Amount
47,500
61,603
1,327
283,486
250,000
43,785
1,775,000
250,000
60,000
1,536,610
8,216
14,593
899,917
3,666
160,000
90,000
195,000
375,000
100,000
114,290
1,600,000
306,818
800,000
600,000
440,000
600,000
680,000
11,296,811
40,675
3,005
250,052
1,851
107,538
563,390
54,075
250,000
217,702
250,000
300,000
747,500
2,785,788
Service Equipment
ISP Router Parts
21,192
6,507
27,699
Engineering/Contract Services
Roll out cans
52,890
20,616
Solid Waste (cont.)
Health Insurance
Capital Project
Roll off containers
Amount
8,220
81,726
OPEB Contract
Total
8,925
8,925
38,377,239
Options:
1. Adopt the attached ordinance amending the fiscal year 2007-08 budget for the General,
Stormwater, Hwy 441/27 CRA, Capital Projects, Electric, Gas, Water, Wastewater,
Communications, Solid Waste and Health Insurance Funds, or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The following funds will increase as seen below:
FUND
General
Stormwater
Hwy 441/27 CRA
Capital Projects
Electric
Gas
Water
Wastewater
Communications
Solid Waste
Health Insurance
Total
Submission Date and Time:
Department: ______________________
Prepared by: ______________________
Attachments:
Yes____ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
FY 2008
CURRENT
26,098,344
1,450,966
1,221,068
6,774,630
65,053,742
12,214,116
8,490,868
11,208,293
1,215,876
4,029,115
4,424,349
142,181,367
CHANGE
304,966
1,552,555
200,000
10,198,136
9,590,286
2,330,347
11,296,811
2,785,788
27,699
81,726
8,925
38,377,239
FY 2008
AMENDED
26,403,310
3,003,521
1,421,068
16,972,766
74,644,028
14,544,463
19,787,679
13,994,081
1,243,575
4,110,841
4,433,274
180,558,606
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
ORDINANCE NO.____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
LEESBURG, FLORIDA AMENDING THE FISCAL YEAR 2007-08
BUDGET FOR THE GENERAL, STORMWATER, HWY 441/27 CRA,
CAPITAL PROJECTS, ELECTRIC, GAS, WATER, WASTEWATER,
COMMUNICATIONS, SOLID WASTE AND HEALTH INSURANCE
FUNDS FOR CARRYOVERS FROM FISCAL YEAR 2006-2007; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Leesburg adopted a budget for Fiscal Year
2007-08 on September 24, 2007, which they felt was in the best interest of the citizens of the City of
Leesburg, and
WHEREAS, it is now necessary to amend the current budget for Fiscal Year 2007-08 to
provide funds for various projects as adopted at City Commission meetings, and
WHEREAS, such action was not anticipated in the original 2007-08 annual budget;
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
LEESBURG, FLORIDA:
SECTION I.
Pursuant to Section 200.065, Florida Statutes, and all other applicable laws, the following
amounts for use by the various funds during Fiscal Year 2007-08 as reflected below, including all
modifications or amendments made during this meeting, are hereby adopted as increases/decreases
to the original budget for Fiscal Year 2007-08 for the City of Leesburg, Florida:
GENERAL FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
304,966
304,966
PROPOSED APPROPRIATIONS
General Government
Public Safety
Transportation
Culture/Recreation
TOTAL PROPOSED APPROPRIATIONS
44,775
59,792
61,508
138,891
304,966
STORMWATER FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Federal Grant
State Grant
Grants- Other Local Units
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
72,366
758,744
433,090
288,355
1,552,555
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
1,552,555
1,552,555
HWY 441/27 CRA
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER
200,000
200,000
PROPOSED APPROPRIATIONS
Economic Environment
TOTAL PROPOSED APPROPRIATIONS
200,000
200,000
CAPITAL PROJECTS FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
State Grants
Federal Grants
Grants-Other Local Units
Other Sources/ Installment/ Taxes
Debt Proceeds
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
2,229,493
4,959,383
20,000
769,490
2,219,770
10,198,136
PROPOSED APPROPRIATIONS
Culture/ Recreation
Transportation
TOTAL PROPOSED APPROPRIATIONS
2,141,264
8,056,872
10,198,136
ELECTRIC FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
Debt Proceeds
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
428,320
9,161,966
9,590,286
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
9,590,286
9,590,286
GAS FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
Debt Proceeds
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
3,723
2,326,624
2,330,347
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
2,330,347
2,330,347
WATER FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
Debt Proceeds
Impact Fees
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
708,013
10,545,013
43,785
11,296,811
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
11,296,811
11,296,811
WASTEWATER FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
Debt Proceeds
Impact Fees
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
347,807
2,436,130
1,851
2,785,788
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
2,785,788
2,785,788
COMMUNICATIONS FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
PROPOSED APPROPRIATIONS
27,699
27,699
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
27,699
27,699
SOLID WASTE FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
81,726
81,726
PROPOSED APPROPRIATIONS
Physical Environment
TOTAL PROPOSED APPROPRIATIONS
81,726
81,726
HEALTH INSURANCE FUND
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
Fund Balance Appropriated
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
8,925
8,925
PROPOSED APPROPRIATIONS
General Government
TOTAL PROPOSED APPROPRIATIONS
8,925
8,925
ALL FUNDS
ESTIMATED REVENUES AND OTHER RECEIPTS
Other Financing Sources:
State Grants
Grants/Other Local Units
Federal Grant
Fund Balance Appropriated
Impact Fees
Debt Proceeds
Other Sources/Installments/Taxes
TOTAL ESTIMATED REVENUES AND OTHER RECEIPTS
2,988,237
453,090
5,031,749
2,399,534
45,636
26,689,503
769,490
38,377,239
PROPOSED APPROPRIATIONS
General Government
Public Safety
Physical Environment
Transportation
Culture/Recreation
Economic Development
TOTAL PROPOSED APPROPRIATIONS
53,700
59,792
27,665,212
8,118,380
2,280,155
200,000
38,377,239
SECTION II.
This ordinance shall become effective upon its passage and adoption by the Leesburg City
Commission in the manner provided by law.
PASSED AND ADOPTED at a regular meeting of the City Commission of the City of
Leesburg, Florida held on the _______ day of January, 2008.
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
01/14/08
4J.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Jay M. Evans, City Manager
Subject:
Resolution authorizing staff to begin the process to market and sell 75 acres
of City-owned land on CR 470 for industrial development and to submit
applications for land use and zoning changes
Staff Recommendation:
Staff recommends City Commission approval to begin the process to market and sell 75 acres of
City-owned land south of CR 470, east of Florida’s Turnpike, and west of CR 33 for industrial
development; and to bring forth land use and rezoning applications for same.
Analysis:
The City currently owns over 3,300 acres of land in the vicinity of C.R. 470 and Florida’s Turnpike.
Much of the property was purchased by the City’s Wastewater Fund for the Turnpike wastewater
treatment plant, sprayfields, and residuals application. Approximately 600 acres on the north side of
470 are in the planning stages for the Lake Denham Commerce Park, an industrial and commercial
business park that will bring jobs and commerce to Leesburg. That project is awaiting funding and
the realignment of C.R. 470 by Lake County. The balance of the property is either in use by the
Wastewater Department, is currently unused, or is future park space that was acquired through the
Florida Forever program.
On the south side of C.R. 470, the City’s property is currently being used as sprayfields. The
property is ideally situated for industrial development, and is not affected by the proposed
realignment of the road. The use of the property as a sprayfield is becoming increasingly
unnecessary with the advent of reuse water, making it possible for the City to consider its sale and
hopefully its development into an industrial use. The Future Land Use (FLU) designation is
Institutional and the zoning is Public. Both of these will have to be changed to accommodate
industrial development. If the City desires to sell the property, it should make application for the
changes ahead of the sale. The City will have the ability to control the types of industrial
development, so to avoid a situation similar the recent problems with Rogers Industrial Park.
Impacts to residential areas of Okahumpka could be addressed in advance of development.
The City currently has several unfunded needs that have prompted staff to consider the sale of the
property. The first is the need to bring the General Fund fund balance (cash reserves) into
compliance with the newly-established cash reserve policy without having to consider the cash
available in the Special Revenue Funds. The City separated the Special Revenues from the General
Fund in the summer of 2007 specifically to see what the cash position will be without them. This
gives us a clearer and more accurate picture of the General Fund reserves. In order to get to a
position of compliance independent of Special Revenues (which the City needs to do), the General
Fund will need about $1.05M in additional cash. Since a conservative estimate of the sale value of
the 75 acres is over $3.5M, more than enough money could be raised by liquidating the property.
Other unfunded needs could also be addressed with the balance of the funds. First, the City is
paying $124,000 per year for lease of approximately 6,000 square feet of office space at 1300
Citizens Blvd. for the offices of the Community Development Department. Building space is also
being leased at 118 W. Meadow Street for the Communications Division for $18,240 per year. The
Commission has indicated a desire to terminate the leases as soon as possible and relocate those
offices to the old library building. The current estimate for the bare-bones project is around
$300,000, including furniture. This estimate is subject to change as additional information is
acquired. In any case, funds are not budgeted for this purpose and General Fund cash reserves are
not at a sufficient level to permit their use.
The second project is the Kristen Court apartment complex renovation. The City is pursuing a
partnership with the County’s SHIP program, as well as other sources, to pay for renovation of the
units. The intent is to sell the renovated units as affordable single family housing. While staff is
optimistic about the potential to secure the funds, a contingency should be made in the event that
some or all of the funds are not available. Even with such funding, sufficient liquidity is needed for
cash management purposes during project construction. Again, such funding is not currently
budgeted or available from General Fund reserves.
Depending on the ultimate sales price, it is possible that other projects could be addressed as well.
Possible projects include everything from acquisition of Dabney Elementary for the future Fire
Station #1 to providing more funding for the Magnolia Extension project or facilitating Beacon
College’s relocation to the Lee School via financial incentives.
Any proceeds generated by the sale must first repay the Wastewater fund for the purchase price,
which was around $2,800 per acre, plus interest.
Staff will begin the process by acquiring an appraisal of the property and preparing a Request-forBids (RFB). The appraisal will be submitted to the Commission for their approval and
establishment of a “reserve price.” The reserve price will be the amount below which the City is not
obligated to accept an offer. After the Commission has set the reserve price, the RFB will be
published and the highest offer from a qualified party that exceeds the reserve price shall be the
winning bidder. The RFB opening date will be approximately 30 days from the publication date.
Options:
1. Approve the Resolution as presented; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The City could realize a positive fiscal impact between $3.5M and $5.5M from the sale. The
proceeds of which will be used to repay the Wastewater Fund and bring cash reserves in the General
Fund into compliance with the new cash reserve policy. Excess proceeds will be used at the
direction of the Commission.
Submission Date and Time:
Department: Administration
Prepared by: Jay M. Evans
Attachments:
Yes_X__ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF LEESBURG, AUTHORIZING STAFF TO BEGIN THE
PROCESS TO MARKET AND SELL 75 ACRES OF CITY-OWNED
LAND ON CR 470 FOR INDUSTRIAL DEVELOPMENT AND TO
SUBMIT APPLICATIONS FOR LAND USE AND ZONING
CHANGES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
FLORIDA:
THAT the City Manager is hereby authorized to acquire an appraisal of the subject
property (see attached location map), to apply for land-use and zoning changes that will
provide the appropriate designations for industrial use; and to prepare a Request-for-Bids
that will determine the buyer for the property.
THAT the City Manager, prior to publication or the Request-for-Bids, will submit
for Commission approval the appraisal of the property, the value of which will be used to set
a “reserve price”. The reserve price shall be a price below which the Commission shall not
be obligated to accept an offer for purchase. The highest offer from a qualified party that
exceeds the reserve price will be the winning bidder.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
regular meeting held the __14th___ day of _January_____ 2008.
__________________________
Mayor
ATTEST:
__________________________
City Clerk
01/14/08
4K.
AGENDA MEMORANDUM
Meeting Date:
January 14, 2008
From:
Jay M. Evans, City Manager
Subject:
Resolution establishing a plan to bring General Fund cash reserves into
compliance with the Cash Reserve Policy
Staff Recommendation:
Staff recommends approval of the attached resolution establishing a plan to bring General Fund
cash reserves into compliance with the adopted cash reserve policy.
Analysis:
On August 13, 2007, the City made substantive changes to the Fund Balance Policy (now known as
the Cash Reserve Policy), the Transfer Policy, and the Special Transfer Policy. These changes
clarified the way in which reserves are calculated, and strengthened the creditworthiness of the
utilities by removing certain loopholes that could result in insufficient liquidity. The changes were
well-received by Wall Street analysts, which contributed to our good bond ratings, lower bond
insurance costs, and lower interest rates on our 2007 bonds.
Another major change in 2007 included the removal of certain special revenues from the General
Fund. Staff recognized that the presence of these restricted revenues within the General Fund
obscured the actual liquidity of the fund. One could believe that usable residual equity existed
within the General Fund that was actually restricted to a specific use. Staff determined that the
restricted funds should be segregated and sought the opinion of the City’s auditor, Purvis Gray.
They concurred, and staff then moved the funds out of the General Fund.
A total of $1,116,588 was removed and placed in various funds dedicated solely to their use. The
expected result of this move is the reduction of liquidity in the General Fund. The City is now noncompliant with the Cash Reserve Policy by an estimated $1.05M. This number is subject to change,
as it is based on unaudited year-end financials. Nonetheless, this reveals the need to add significant
cash reserves to the General Fund in order to achieve compliance and ensure adequate funds are
available in the event of emergency.
Pursuant to the adopted policy (Section 2-231), the following is a proposed 3-step plan to restore
compliance. Step 1 will eliminate the deficit. Steps 2 and 3 will provide on-going assurance that
deficit spending will not compromise future compliance.
Primary Action
1. Liquidate Assets. The present deficiency is self-created and hopefully a one-time
occurrence. Thus, a quick injection of cash should solve the problem, provided the City
does not deficit-spend and is otherwise a good steward of its annual budget. The City’s
most readily available asset is its inventory of land along C.R. 470. The City has over 3,300
acres that are used primarily in wastewater treatment, residuals disposal, and sprayfield
applications. Some of the land has been acquired with grants for park space, and is restricted
in its use. Other lands are reserved for the City’s Lake Denham Commerce Park. There is
land along the south side of C.R. 470 that, with the development of City reuse water, could
be converted from sprayfields to industrial use. The sale of 75 acres of this land could
generate between $3.5M and $5.5M. After repayment to the Wastewater Fund for the
original acquisition ($210,000) plus interest, more than enough funds would be available to
restore the General Fund cash reserves. Beyond the reserve deficit, surplus funds could be
used for other Commission priorities. The sale may also have the ancillary benefit of jumpstarting development of the 470 corridor and bringing much-needed jobs to our area. This
action can be completed within the 2007-2008 Fiscal Year.
Secondary Actions
2. Increase Revenues. Many of Leesburg’s services are rendered at a deficit to the General
Fund. It is important that these services are reviewed periodically to determine if
appropriate fees are being charged. Though many of the services can never be selfsustaining, it is imperative that they do not generate an ever-increasing burden on General
Fund resources. Parks and Recreation and the Planning Department both have user fees
that must be reviewed and revised periodically to keep up with costs. The Fire Department
provides some services that could generate revenue. As of the date of this memo, the
Commission has reviewed all of these proposed fees and staff will be coming back with
ordinances to adopt the proposed changes. This action can be completed within the 20072008 Fiscal Year; benefits will be on-going.
3. Close Monitoring of Revenues and Expenditures/Reduction in Service If Necessary.
Monthly monitoring of revenues and expenditures should allow for corrective action if there
are variances from the adopted budget. The City Commission must be prepared to eliminate
potential year-end deficits through cost cutting, which could mean service reductions. This
action should be continuous.
Options:
1. Approve the Resolution as presented; or
2. Such alternative action as the Commission may deem appropriate
Fiscal Impact:
The City could realize a positive fiscal impact between $3.5M and $5.5M from the sale of the land.
At a minimum, at least $1.2M should be provided to the General Fund to restore reserves.
Submission Date and Time:
Department: Administration
Prepared by: Jay M. Evans
Attachments:
Yes_X_ No ______
Advertised: ____Not Required ______
Dates: __________________________
Attorney Review :
Yes___ No ____
_________________________________
Revised 6/10/04
3/7/2016 9:07 PM____
Reviewed by: Dept. Head ________
Account No. _________________
Finance Dept. __________________
Project No. ___________________
Deputy C.M. ___________________
Submitted by:
City Manager ___________________
WF No. ______________________
Budget ______________________
Available _____________________
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
LEESBURG, ESTABLISHING A PLAN TO RESTORE CASH RESERVES
IN THE GENERAL FUND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Leesburg on August 13, 2007 made substantive changes to the
Fund Balance Policy (now known as the Cash Reserve Policy), the Transfer Policy, and the Special
Transfer Policy; and
WHEREAS, these changes clarified the way in which reserves are calculated, and
strengthened the creditworthiness of the utilities by removing certain loopholes that could result in
insufficient liquidity; and
WHEREAS, the changes were well-received by Wall Street analysts, which contributed to
Leesburg’s good bond ratings, lower bond insurance costs, and lower interest rates on the 2007
bonds; and
WHEREAS, in 2007 City staff recognized that the presence of certain restricted revenues
within the General Fund obscured the actual liquidity of the fund; and
WHEREAS, because of this, one could believe that usable residual equity existed within the
General Fund that was actually restricted to a specific use; and
WHEREAS, the City determined that the restricted revenues should be segregated into
their own funds and sought the opinion of its auditor, Purvis Gray, who concurred that the action
was appropriate; and
WHEREAS, the City subsequently removed $1,116,588 from the General Fund and placed
it in separate restricted revenue funds; and
WHEREAS, the expected result of this move is the reduction of liquidity in the General
Fund, making it non-compliant with the new Cash Reserve Policy by an estimated $1.05M
(unaudited estimate); and
WHEREAS, this reveals the need to add significant cash reserves to the General Fund in
order to achieve compliance and ensure adequate funds are available in the event of emergency; and
WHEREAS, the new Cash Reserve Policy, Section 2-231, requires that a plan be developed
to restore the required minimum cash balances; and
WHEREAS, the City has identified the steps necessary to ensure compliance with the Cash
Reserve Policy;
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
LEESBURG, FLORIDA:
THAT the plan to restore compliance with the Cash Reserve Policy shall be as follows:
Primary Action
1. Liquidate Assets. The present deficiency is self-created and hopefully a one-time
occurrence. Thus, a quick injection of cash should solve the problem, provided the
City does not deficit-spend and is otherwise a good steward of its annual budget.
The City’s most readily available asset is its inventory of land along C.R. 470. The
City has over 3,300 acres that are used primarily in wastewater treatment, residuals
disposal, and sprayfield applications. Some of the land has been acquired with grants
for park space, and is restricted in its use. Other lands are reserved for the City’s
Lake Denham Commerce Park. There is land along the south side of C.R. 470 that,
with the development of City reuse water, could be converted from sprayfields to
industrial use. The sale of 75 acres of this land could generate between $3.5M and
$5.5M. After repayment to the Wastewater Fund for the original acquisition
($210,000) plus interest, more than enough funds would be available to restore the
General Fund cash reserves. Beyond the reserve deficit, surplus funds could be used
for other Commission priorities. The sale may also have the ancillary benefit of
jump-starting development of the 470 corridor and bringing much-needed jobs to
our area. This action can be completed within the 2007-2008 Fiscal Year.
Secondary Actions
2. Increase Revenues. Many of Leesburg’s services are rendered at a deficit to the
General Fund. It is important that these services are reviewed periodically to
determine if appropriate fees are being charged. Though many of the services can
never be self-sustaining, it is imperative that they do not generate an ever-increasing
burden on General Fund resources. Parks and Recreation and the Planning
Department both have user fees that must be reviewed and revised periodically to
keep up with costs. The Fire Department provides some services that could
generate revenue. As of the date of this memo, the Commission has reviewed all of
these proposed fees and staff will be coming back with ordinances to adopt the
proposed changes. This action will be completed within the 2007-2008 Fiscal Year;
benefits will be on-going.
3. Close Monitoring of Revenues and Expenditures/Reduction in Service If
Necessary. Monthly monitoring of revenues and expenditures should allow for
corrective action if there are variances from the adopted budget. The City
Commission must be prepared to eliminate potential year-end deficits through cost
cutting, which could mean service reductions. This action will be continuous.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular
meeting held the _14th____ day of _January________ 2008.
__________________________
Mayor
ATTEST:
_____________________________________
City Clerk
01/14/08