City of Leesburg Planning Commission — May 23, 2024

Meeting Overview

Type: Regular Meeting Quorum: Yes (5 of 9 members present — bare quorum) Duration: ~3 hours 6 minutes (4:30 PM - 7:36 PM)

Attendance

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

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Agenda Items

Item 1: Sunnyside Estates — FLU Element Text Amendment

• Type: Comp Plan Text Amendment
• Case Number: CPTA-23-588
• Location: Sections 19, 20, 21, 28, 29, 30, and 32, Township 19 South, Range 25 East (Sunnyside area)
• Applicant: City of Leesburg (Staff-initiated)
• Request: Amend Comprehensive Plan Future Land Use Element to establish Sunnyside Estates objectives and policies, codifying the Sunnyside Task Force Study Report (Resolution 7158) with four density bands ranging from 1 unit per 3 acres (lakeside) to higher density near US-441.
• Acreage: ~702 (Sunnyside area total)
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Original Sunnyside Landing case dates to 2005, completed April 2024 after legal proceedings and Special Magistrate findings. Four density bands increase from Lake Harris (1 unit/3 acres) toward US-441. Only applies to properties within Leesburg city limits or voluntarily annexed. A citizen asked for definition of "unit" — confirmed as one attached or detached single-family dwelling. Companion case with AMDT-23-590 and LSCP-23-589.

Item 2: Sunnyside Estates — Ordinance Amendment

• Type: Ordinance Amendment
• Case Number: AMDT-23-590
• Location: Sunnyside area
• Applicant: City of Leesburg (Staff-initiated)
• Request: Amend Chapter 25 of Municipal Code to add Section 25-269(3) establishing the Sunnyside Estates FLU within the zoning code.
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Adds Sunnyside Estates FLU to the FLU table in zoning code. Does not change property zoning — only adds the FLU category as an available designation. Companion case.

Item 3: Sunnyside Estates — Comp Plan Map Amendment

• Type: Comp Plan Map Amendment
• Case Number: LSCP-23-589
• Location: Sunnyside area
• Applicant: City of Leesburg (Staff-initiated)
• Request: Redesignate future land use of 702 acres from Low Density Residential, High Density Residential, and Estate Residential to Sunnyside Estates (SE).
• Acreage: 702
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Updates the FLU map to show the new Sunnyside Estates designation on 702 acres. Third and final piece of the Sunnyside Estates package.

Item 4: CR 48 Brightleaf Residential — Planned Unit Development

• Type: PUD
• Case Number: PUD-23-484
• Location: North of County Road 48 and west of US Highway 27
• Applicant: Sean Myers (Petitioner); Andrew McCown (GAI Consultants, Agent)
• Request: Rezone 37.7 acres from PUD and C-3 (Highway Commercial) to PUD for 253 attached single-family (townhome) units.
• Current Zoning: PUD and C-3 (Highway Commercial)
• Proposed Zoning: PUD
• Acreage: 37.7
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Conditions: Buffers, dark sky lighting, boulevard entrance, emergency entrance, recreational center required before 151 units constructed, 4-year reverter clause.
• Notable Discussion: Eliminates split zoning. Townhome-only (no commercial), which actually generates less traffic than the existing commercial zoning. Traffic study approved. Mix of front-loading and rear-loading units. Rental units but platted for future flexibility. 25-ft buffer along CR 48. Two public disapproval letters received. Located in US Navy Impact Overlay area. One resident (Dora Walrick) asked to see her property on the map relative to the PUD.

Item 5: Thomas-Montclair Industrial Flex — Small Scale Comp Plan Amendment

• Type: Comp Plan Amendment
• Case Number: SSCP-24-73
• Location: Southwest of Montclair Road and west of Thomas Avenue
• Applicant: Chris Zipperer (Senatore, Inc.)
• Request: Change future land use of 2.33 acres from Lake County Urban High Density and City of Leesburg Low Density Residential to City of Leesburg Industrial for flex space.
• Current Zoning: Lake County Urban High Density / City Low Density Residential (FLU)
• Proposed Zoning: City of Leesburg Industrial (FLU)
• Acreage: 2.33
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Postponed from April. Flex space defined as office/warehouse with all activity inside — no dust, noise, or vibration impacts. No outdoor storage (prohibited by SPUD ordinance). Fence required adjacent to residential. Retention pond at rear — Commissioner Akkerman asked about fencing; code requires fence depending on slope. Resident asked about well-to-retention-pond distance; staff unaware of requirements. Another resident asked about wet vs. dry pond — to be determined after borings.

Item 6: Thomas-Montclair Industrial Flex — Small Planned Unit Development

• Type: SPUD
• Case Number: SPUD-24-74
• Location: Southwest of Montclair Road and west of Thomas Avenue
• Applicant: Chris Zipperer (Senatore, Inc.)
• Request: Rezone 2.33 acres from Lake County R-6 and City R-1 to City SPUD for flex space.
• Current Zoning: Lake County R-6 / City R-1
• Proposed Zoning: City SPUD
• Acreage: 2.33
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Companion case to SSCP-24-73.

Item 7: Poe Street Residential — Small Scale Comp Plan Amendment

• Type: Comp Plan Amendment
• Case Number: SSCP-24-87
• Location: North of Poe Street and south of County Road 473
• Applicant: Steven Sposado and Sean Myers
• Request: Change future land use of 49.12 acres from Lake County Urban Low Density to City of Leesburg Estate Residential for 135 single-family detached units.
• Current Zoning: Lake County Urban Low Density (FLU)
• Proposed Zoning: City of Leesburg Estate Residential (FLU)
• Acreage: 49.12
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Postponed from April. 135 units on mix of 50/60/70-ft lots (50-ft lots interior only). Two access points on Poe Road — one boulevard, one ordinary. Wetlands protected. City water/sewer. Recreational trail and area. Lake County Public Works requiring turn lanes, right-of-way, and additional improvements. One disapproval letter. Resident Randy Bitter (adjacent property) concerned about visual and noise impact — requested 12-ft fence or clumping bamboo. Commission liked the bamboo idea. PVC fence plus vegetation will be installed along buffer. HOA to maintain fence.

Item 8: Poe Street Residential — Planned Unit Development

• Type: PUD
• Case Number: PUD-24-88
• Location: North of Poe Street and south of County Road 473
• Applicant: Steven Sposado and Sean Myers
• Request: Rezone 49.12 acres from Lake County R-6 and CFD to City PUD for 135 single-family detached units.
• Current Zoning: Lake County R-6 and CFD
• Proposed Zoning: City PUD
• Acreage: 49.12
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Conditions: Non-invasive clumping bamboo to be added within western boundary landscape buffer; landscape graphic to be updated to show bamboo placement and species.
• Notable Discussion: Companion case to SSCP-24-87. Bamboo condition added at Commission direction.

Item 9: Penn Street Habitat — Small Scale Comp Plan Amendment (Postponed)

• Type: Comp Plan Amendment
• Case Number: SSCP-24-163
• Location: North of Hill Street and east of Penn Street
• Acreage: 2.4
• Action: Postponed to June 20, 2024
• Vote: 5-0
• Notable Discussion: Staff working with applicant to resubmit site plan — proposed plan not consistent with proposed zoning. Associated rezoning (RZ-24-102) withdrawn by applicant; they will request different zoning.

Item 10: Penn Street Habitat — Rezoning (Withdrawn)

• Type: Rezoning
• Case Number: RZ-24-102
• Location: North of Hill Street and east of Penn Street
• Acreage: 2.4
• Action: Withdrawn per applicant request
• Notable Discussion: Applicant will resubmit with different zoning request.

Item 11: Webster Street Office — Planned Development Overlay

• Type: PDO
• Case Number: SPUD-24-120
• Location: East of North 13th Street and south of Webster Street
• Applicant: Bill Polk
• Request: PDO to add office use to existing R-2 zoning on 0.75 acres, with waiver to Section 25-282(a)(1) PDO 5-acre minimum.
• Current Zoning: R-2 (Medium Density Residential)
• Proposed Zoning: R-2 with PDO (office use added)
• Acreage: 0.75
• Staff Recommendation: Approve (including 5-acre waiver)
• Action: Approved
• Vote: 5-0
• Notable Discussion: Undeveloped property in transitional area with nearby industrial, commercial, residential, and walking trail. Office consistent with surrounding uses. Staff again noted intention to remove 5-acre PDO minimum from code. Chairman Sennett owns property within 200 ft but confirmed ability to vote objectively; Attorney Cotch approved.

Item 12: Yellow Dot Pickleball — Conditional Use Permit

• Type: CUP
• Case Number: CUP-24-121
• Location: West of Park Center Street and north of West Main Street
• Applicant: Andrew Byer (Applicant); Lou Forges (Agent)
• Request: CUP for indoor pickleball facility in Units 104-108 within a building in Industrial zoning on 2.2 acres.
• Current Zoning: I (Industrial)
• Proposed Zoning: I (no change, CUP adds use)
• Acreage: 2.2
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Indoor pickleball facility in existing industrial building. Undeveloped property. No public comments.

Item 13: North Shore (Caras Cove) — Small Scale Comp Plan Amendment

• Type: Comp Plan Amendment
• Case Number: SSCP-24-157
• Location: North of North Shore Drive and west of Beverly Point Road
• Applicant: Geoff Summit (GL Summit Engineering); Jason Lee (H2O Development)
• Request: Change future land use of 40.61 acres from Lake County Urban Medium Density to City of Leesburg Conservation and Estate Residential for 8 single-family homes.
• Current Zoning: Lake County Urban Medium Density (FLU) / Lake County C-1 (Neighborhood Commercial)
• Proposed Zoning: City Conservation and Estate Residential (FLU)
• Acreage: 40.61
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Notable Discussion: Previously presented to Commission with 13 lots/26 duplex units and received significant public opposition. Revised to 8 single-family homes — a dramatic reduction. Majority of property is wetlands/flood zone designated Conservation. Only southern portion along North Shore Drive developable. Commissioner Carter asked about home prices — applicant said TBD given large lot sizes. No canal frontage so no docks. David Thompson (resident) expressed concerns about wetland preservation, transients on property, traffic from nearby school, and speeding on North Shore Drive. Chairman Sennett confirmed wetlands become conservation area that cannot be built. Staff recommended residents contact their district representative about speed table requests.

Item 14: North Shore (Caras Cove) — Planned Unit Development

• Type: PUD
• Case Number: PUD-24-158
• Location: North of North Shore Drive and west of Beverly Point Road
• Applicant: Geoff Summit / Jason Lee
• Request: Rezone 40.61 acres from Lake County C-1 to City PUD for 8 single-family homes.
• Current Zoning: Lake County C-1
• Proposed Zoning: City PUD
• Acreage: 40.61
• Staff Recommendation: Approve
• Action: Approved
• Vote: 5-0
• Conditions: Side setbacks corrected to 7.5 ft instead of 10 ft (PUD error correction). HOA to maintain open spaces. Easement on Lot 1 for maintenance access.
• Notable Discussion: Companion case to SSCP-24-157. Applicant stated they listened to Commission's previous feedback and brought back a much more compatible project.

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Public Hearings Summary

• Number of speakers: ~5 (2 on Thomas-Montclair, 1 on Poe Street, 1 on Caras Cove, 1 on Sunnyside)
• General sentiment: Cautiously supportive; concerns focused on specific impacts rather than opposition to development
• Key concerns:
  • Retention pond safety and proximity to wells (Thomas-Montclair)
  • Visual and noise buffering from new development (Poe Street — led to bamboo condition)
  • Wetland preservation and transient activity (Caras Cove)
  • Traffic and speeding near schools (North Shore Drive)
  • Two disapproval letters on Brightleaf Residential

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Key Signals

• Sunnyside Estates: 20-year saga concludes with landmark density framework. The three-part Sunnyside package (FLU text amendment, ordinance amendment, map amendment) unanimously approved, establishing density bands across 702 acres between Lake Harris and US-441. This codifies the Task Force study from the original 2005 Sunnyside Landing case. The graduated density approach (1 unit/3 acres at lakeside to higher density at US-441) becomes a model for how Leesburg manages growth near sensitive natural areas. Longest-running land use case in recent Leesburg history finally resolved.
• Townhome rental product entering the CR 48/US-27 corridor. Brightleaf (253 attached units, rental, $37.7 acres) approved unanimously. Notably, the traffic study showed less traffic than the existing commercial zoning — a powerful argument the applicant deployed effectively. The CR 48 corridor is transitioning from commercial to residential, which may have infrastructure implications for the area's commercial service capacity.
• Community responsiveness working — Caras Cove dramatically downsized. The North Shore/Caras Cove project went from 26 duplex units to 8 single-family homes after Commission feedback. Applicant explicitly credited the Commission for guiding the revision. This demonstrates that Leesburg's Planning Commission feedback loop is functional — projects that generate opposition get revised, not just denied.
• Bare quorum (5 of 9) handling 14 cases — governance risk. With four commissioners absent, the remaining five handled the largest agenda of the year including landmark Sunnyside legislation, multiple PUDs, and contentious cases. All passed 5-0. A single additional absence would have prevented a quorum. The Commission may need to address attendance requirements.
• Industrial flex space continuing to fill Leesburg's commercial/industrial zones. Thomas-Montclair (2.33 acres) approved for flex space — the same pattern as Legacy Commerce from the September 2025 meeting. This low-impact industrial use continues to be the path of least resistance through the Commission.

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Raw Notes

• April 18, 2024 minutes approved 3-0 (only 3 eligible voters for that procedural item).
• Penn Street Habitat site plan needs revision — applicant withdrew rezoning (RZ-24-102) and will request different zoning (later resubmitted as SPUD-24-175).
• Chairman Sennett disclosed property ownership within 200 ft of Webster Street Office case but confirmed objectivity.
• Meeting ran over 3 hours — longest session in the 2024 series to date.
• 14 cases on the agenda (including postponements and withdrawal) — busiest single meeting.