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THE READINGmeeting record

City of Leesburg Planning Commission — March 21, 2024

Meeting Overview

Type: Regular Meeting Quorum: Yes (6 of 9 members present) Duration: ~1 hour 37 minutes (4:30 PM - 6:07 PM)

Attendance

  • Present: Tim Sennett (Chairman), Nathaniel Sanders (Vice-Chairman), Ted Bowersox, John O'Kelley, Stewart Kaplan, Ken Simeone
  • Absent: Frazier Marshall, Ze'Shieca Carter, Darin Akkerman
  • Staff Present: Dan Miller (Planning & Zoning Director), Sabrina Mitchell (Executive Assistant I), Kandi Harper (Deputy Director), Christine Rock (Senior Planner), Dianne Yekel (Senior Planner), Max Van Allen (Planner), Melissa Medders (Planner), Grant Watson (City Attorney)

Agenda Items

Item 1: Southwinds Phase III — Small Scale Comp Plan Amendment

  • Type: Comp Plan Amendment
  • Case Number: SSCP-24-27
  • Location: East of Flatwoods Road and west of South Street
  • Applicant: Chad Morehead (Morehead & Stokes)
  • Request: Change future land use of 4.72 acres from Low Density Residential and Industrial to Low Density Residential for apartments and existing townhome use.
  • Current Zoning: Low Density Residential and Industrial (FLU)
  • Proposed Zoning: Low Density Residential (FLU)
  • Acreage: 4.72
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Received one approval and one disapproval from public responses. Applicant concurred with staff recommendations. Companion case with CUP-24-28.

Item 2: Southwinds Phase III — Conditional Use Permit

  • Type: CUP
  • Case Number: CUP-24-28
  • Location: East of Flatwoods Road and west of South Street
  • Applicant: Chad Morehead (Morehead & Stokes)
  • Request: CUP for apartments and existing townhome use in the Low-Density Residential FLU district on 4.72 acres.
  • Current Zoning: Low Density Residential (FLU)
  • Acreage: 4.72
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Companion case to SSCP-24-27. Final decision by Planning Commission.

Item 3: Denham Village — Planned Unit Development

  • Type: PUD
  • Case Number: PUD-24-30
  • Location: West of CR 33, north of Florida Turnpike, and south of CR 48
  • Applicant: D.R. Horton (Tatiana Ross)
  • Request: Rezone approximately 506 acres from PUD to PUD (amendment) to reduce from previously approved 1,900 units to approximately 1,500 units with updated architectural standards.
  • Current Zoning: PUD (approved 2016)
  • Proposed Zoning: PUD (amendment)
  • Acreage: 506
  • Staff Recommendation: Approve
  • Action: Denied (recommendation of denial to City Commission)
  • Vote: 4-2 (O'Kelley, Bowersox, Simeone, Kaplan voted for denial; Sennett and Sanders voted against denial)
  • Notable Discussion: Original PUD approved in 2016 for ~1,900 units with no expiration clause. D.R. Horton proposing ~500-unit reduction. Estimated sale price $350K single-family, $300K townhomes. Two-year construction start estimate. Extensive citizen opposition: traffic on CR 48/CR 33 cited as already terrible; senior residents complaining; one citizen described buying "dream property" near the site in 2020 unaware of the proposal. Citizens referenced Cedar Creek (another D.R. Horton development nearby), Manor Oaks, Plantation at Leesburg. Estimated 800-1,000 vehicle trips/day from survey. Staff noted legal constraints — existing PUD has no expiration, so denial could expose City to legal risk. City Attorney Watson acknowledged legal constraints and noted the reduced units are an improvement over what could already be built. Initial motion to approve died for lack of second. Vice-Chairman Sanders' approval motion got no second, leading to the denial motion. Staff noted the case still goes to City Commission for final decision with recommendation of denial (2-4 from Commission).

Item 4: 1505 Floradel Avenue — Mother-in-Law Suite CUP

  • Type: CUP
  • Case Number: CUP-24-41
  • Location: South of Gunston Street and southwest of Floradel Avenue
  • Acreage: 0.424
  • Staff Recommendation: (not heard)
  • Action: Postponed to April 18, 2024
  • Vote: 6-0

Item 5: Banning Ranch Telecommunications Tower — Variance

  • Type: Variance
  • Case Number: VAR-24-34
  • Location: West of County Road 33 and north of Ashwood Street
  • Applicant: Jennifer Frost (Anthemnet, Inc., Dallas, TX)
  • Request: Variance from Section 25-804 to reduce setback for a monopole telecommunications tower in PUD zoning district.
  • Current Zoning: PUD
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Staff working with Lake County for temporary access along CR 33 if tower is built before Banning Ranch subdivision. Modern bend-over pole design — technology makes reduced setback viable. Staff intends to update telecom ordinance in the future. Tower must meet Florida Building Code for 130-140 mph wind speeds. Jennifer Frost from Anthemnet confirmed over-designed failure prevention.

Item 6: HTeaO Sign — Variance

  • Type: Variance
  • Case Number: VAR-24-51
  • Location: East of North 14th Street and north of Citizens Boulevard
  • Applicant: HTeaO
  • Request: Variance from Section 25-424(f)(8) to allow a 38.2 sq ft externally illuminated menu sign (code allows 32 sq ft) in C-2 zoning.
  • Current Zoning: C-2 (Community Commercial)
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Sign would not block traffic. Staff supported the minor increase from 32 to 38.2 sq ft.

Item 7: Silver Lake Commons — Small Scale Comp Plan Amendment

  • Type: Comp Plan Amendment
  • Case Number: SSCP-24-36
  • Location: North of US Highway 441 and west of College Drive
  • Applicant: McGregor Love (Lowndes Law Firm, Orlando)
  • Request: Change future land use of 10.31 acres from Institutional to General Commercial.
  • Current Zoning: Institutional (FLU)
  • Proposed Zoning: General Commercial (FLU)
  • Acreage: 10.31
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Residential prohibited — both from City Zoning standpoint and FAA standpoint (near airport). Covenant recorded on property to prohibit residential. Applicant's project engineer Mitch Collins present. FAA coordination required for any development (height, distance, flight zone restrictions). Tracey Dean, Airport Manager, aware of project. Companion case with PUD-24-37.

Item 8: Silver Lake Commons — Planned Unit Development

  • Type: PUD
  • Case Number: PUD-24-37
  • Location: North of US Highway 441 and west of College Drive
  • Applicant: McGregor Love (Lowndes Law Firm, Orlando)
  • Request: Rezone 10.31 acres from P (Public) to PUD for commercial development.
  • Current Zoning: P (Public)
  • Proposed Zoning: PUD
  • Acreage: 10.31
  • Staff Recommendation: Approve
  • Action: Approved
  • Vote: 6-0
  • Notable Discussion: Companion case to SSCP-24-36. Commercial-only development near Leesburg airport.

Public Hearings Summary

  • Number of speakers: ~6 (majority on Denham Village; 1 approval and 1 disapproval on Southwinds)
  • General sentiment: Strong opposition to Denham Village; neutral to supportive on other cases
  • Key concerns:
    • Traffic on CR 48 and CR 33 already at unacceptable levels (Denham Village)
    • 1,500+ units adding to existing approved developments in the Okahumpka area
    • Senior residents unable to navigate increasingly congested roads
    • Quality of life for residents who bought properties unaware of approved developments
    • Water supply capacity from St. Johns Water Authority

Key Signals

  • Denham Village denial is a watershed moment — Commission pushes back on mega-development: The 4-2 denial of a 506-acre, ~1,500-unit PUD amendment (reduced from 1,900 previously approved) signals the Commission has reached a breaking point on South Leesburg density. Even though the proposal reduced units by ~500 and staff recommended approval citing legal constraints, four commissioners voted to deny. The case proceeds to City Commission with a denial recommendation.
  • Legal constraints vs. community sentiment tension emerging: City Attorney Watson acknowledged that the existing PUD with no expiration clause creates legal risk if denied. Staff was visibly uncomfortable recommending approval while acknowledging the community's legitimate concerns. This tension between vested development rights and infrastructure capacity will define Leesburg's growth management for years.
  • South Leesburg traffic is the dominant public concern: Multiple citizens cited CR 48 and CR 33 congestion, senior mobility impacts, and cumulative development trips. The area has thousands of approved units (Denham Village, Whispering Hills, Bar Key, Cedar Creek, Manor Oaks) with inadequate road infrastructure. Lake County road widening is referenced but not funded or scheduled.
  • Commercial development near airport gaining momentum: Silver Lake Commons (10.31 acres) approved unanimously for commercial use near Leesburg airport. FAA coordination required. Residential permanently prohibited by covenant. This positions the 441 corridor near the airport as a commercial node.
  • Telecom infrastructure modernizing: Banning Ranch cell tower variance approved with staff noting intention to update the entire telecom ordinance. Modern monopole technology (bend-over design) enables reduced setbacks without safety compromise.

Raw Notes

  • February 22, 2024 minutes approved 4-0 (only 4 commissioners present for that vote due to 3 absences).
  • D.R. Horton representative Tatiana Ross indicated homes would be priced around $350K (single-family) and $300K (townhomes). Market-rate, no apartments.
  • One citizen who bought property in July 2020 unaware of the Denham Village proposal stated he would appeal or oppose by any available means.
  • Staff confirmed D.R. Horton also developing Cedar Creek nearby.
  • No discussion items or announcements.