City of Leesburg Planning Commission — December 19, 2024

Meeting Overview

Type: Regular Meeting Quorum: Yes (6 of 9 members present) Duration: ~2 hours 9 minutes (4:30 PM - 6:39 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), Dianne Yekel (Senior Planner), Max Van Allen (Planner), Jennifer Cotch (City Attorney)

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Agenda Items

Item 1 (Old Business): Leatherleaf — Large Scale Comprehensive Plan Amendment

• Type: Comp Plan Amendment
• Case Number: LSCP-24-253
• Location: South of CR 33, west of US Highway 27, north of CR 48
• Applicant: LPG (Heather Urwiller, representative)
• Request: Change future land use of approximately 77.5 acres from Lake County Regional Commercial to City of Leesburg General Commercial for residential development (235 single-family homes + 48 paired villas = 283 total units).
• Current Zoning: Lake County Regional Commercial (FLU) / Lake County A (Agriculture)
• Proposed Zoning: City of Leesburg General Commercial (FLU)
• Acreage: 77.5
• Staff Recommendation: Approve
• Action: Rejected
• Vote: 4-2 (Sanders and Sennett voted No on rejection, i.e., favored the project)
• Notable Discussion: Previously postponed from October. LPG presented 1,300 sq ft paired villas and single-family homes on 50-foot and 60-foot lots. Traffic study still being completed. Discussion about CR 48 widening plans. Commissioners concerned about congestion and density ("seems congested"). Sanders' initial approval motion died for lack of second. Kaplan moved to reject. Publix Plaza nearby and recently approved townhomes cited as additional density already in area. CR 33 and CR 48 traffic issues central to concerns.

Item 2 (Old Business): Leatherleaf — Planned Unit Development

• Type: PUD
• Case Number: PUD-24-254
• Location: South of CR 33, west of US Highway 27, north of CR 48
• Applicant: LPG
• Request: Rezone approximately 77.5 acres from Lake County Agriculture to City of Leesburg PUD.
• Current Zoning: Lake County A (Agriculture)
• Proposed Zoning: City of Leesburg PUD
• Acreage: 77.5
• Staff Recommendation: Approve
• Action: Rejected
• Vote: 4-2 (Sanders and Sennett voted No on rejection)
• Notable Discussion: Companion case to LSCP-24-253. Sanders' approval motion again died for lack of second. Cases go to City Commission with rejection recommendation.

Item 3 (Old Business): Silver Springs — Large Scale Comprehensive Plan Amendment

• Type: Comp Plan Amendment
• Case Number: LSCP-24-345
• Location: West of Number Two Road and north of Busby Road
• Applicant: Silver Springs (Tara Tedrow, attorney, representing applicant)
• Request: Change future land use of approximately 337 acres from Lake County Rural to City of Leesburg Estate Residential.
• Current Zoning: Lake County Rural (FLU)
• Proposed Zoning: City of Leesburg Estate Residential (FLU)
• Acreage: 337
• Staff Recommendation: Approve
• Action: Approved
• Vote: 6-0
• Notable Discussion: Major 337-acre project — originally withdrawn in July 2024, postponed multiple times. Applicant held two community meetings (April and June). No public objections to revised plan. Added 70-foot and 60-foot lots in response to neighbor feedback. One emergency access on Busby Road, two access points on US-27 through Whispering Hills development. 20 acres reserved for trails and conservation. Uses by right under current Lake County CFD zoning include professional offices, assisted living, colleges, and schools. Site plan includes amenity center, multiple green spaces, and trail network around wetlands. Compatibility argument: proposed density lower than adjacent properties to the north (4:1 urban low designation). Lake County Schools noted school concurrency requirements.

Item 4 (Old Business): Silver Springs — Planned Unit Development

• Type: PUD
• Case Number: PUD-24-346
• Location: West of Number Two Road and north of Busby Road
• Applicant: Silver Springs
• Request: Rezone approximately 337 acres from Lake County Agriculture and CFD to City of Leesburg PUD.
• Current Zoning: Lake County A (Agriculture) and CFD (Community Facility District)
• Proposed Zoning: City of Leesburg PUD
• Acreage: 337
• Staff Recommendation: Approve
• Action: Approved
• Vote: 6-0
• Notable Discussion: Companion case to LSCP-24-345. Traffic routed entirely to US-27 (not No. 2 Road). Developer responsible for road cleanup during construction.

Item 5 (New Business): Wayne Storage — Small Scale Comprehensive Plan Amendment

• Type: Comp Plan Amendment
• Case Number: SSCP-24-339
• Location: South of Hickory Hollow Road, west of County Road 44, north and south of Variety Tree Road
• Applicant: Wayne Storage (represented by Danika Oliverio, NV5; Matt Bass; Craig Brashier, CHW)
• Request: Change future land use of 6.52 acres from Lake County Rural Transition to City of Leesburg General Commercial for self-storage facility.
• Current Zoning: Lake County Rural Transition (FLU) / Lake County R-6 (Urban Residential), A (Agriculture), CP (Planned Commercial)
• Proposed Zoning: City of Leesburg General Commercial (FLU)
• Acreage: 6.52
• Staff Recommendation: Approve
• Action: Approved
• Vote: 6-0
• Notable Discussion: Climate-controlled self-storage near CR 44. Significant public discussion about Variety Tree Road access (private road with easement questions), wildlife (bald eagles within a mile — 660-foot buffer required by Florida Wildlife), bears, turtles. Applicant detailed: one-story buildings, 8-foot wood/vinyl wall (not chain link), 15-foot landscape buffer, Dark Sky lighting, fully fenced/secured, air conditioning units interior (no exterior compressors), emergency access to north (knox box, always closed). 0.4 FAR vs. 2.0 FAR allowed. Three negative public responses. Road access easement issues discussed with attorney — private easement exists, road to be paved and improved.

Item 6 (New Business): Wayne Storage — Small Planned Unit Development

• Type: PUD (Small)
• Case Number: SPUD-24-340
• Location: South of Hickory Hollow Road, west of County Road 44
• Applicant: Wayne Storage
• Request: Rezone 6.52 acres from Lake County R-6, Agriculture, and CP to City of Leesburg SPUD for self-storage.
• Current Zoning: Lake County R-6, A, CP
• Proposed Zoning: City of Leesburg SPUD
• Acreage: 6.52
• Staff Recommendation: Approve
• Action: Approved
• Vote: 6-0
• Conditions: Granting easement access (to address Variety Tree Road access concerns)
• Notable Discussion: Companion case to SSCP-24-339.

Item 7 (New Business): Venice at Lake Harris — Small Scale Comprehensive Plan Amendment

• Type: Comp Plan Amendment
• Case Number: SSCP-24-382
• Location: East of US Highway 27 and north of Magnolia Avenue
• Applicant: Venice at Lake Harris
• Request: Change future land use of 8.77 acres from Lake County Urban Low to City of Leesburg Low Density Residential.
• Acreage: 8.77
• Action: Postponed to February 20, 2025 (per applicant request)
• Vote: 6-0

Item 8 (New Business): Venice at Lake Harris — Small Planned Unit Development

• Type: PUD (Small)
• Case Number: SPUD-24-383
• Location: East of US Highway 27 and north of Magnolia Avenue
• Applicant: Venice at Lake Harris
• Request: Rezone 8.77 acres from Lake County C-1 and R-6 to City of Leesburg SPUD.
• Acreage: 8.77
• Action: Postponed to February 20, 2025 (per applicant request)
• Vote: 6-0

Discussion Item: Live Local Act (CS/SB 102, 2023) — FS 166.04151 and FS 420.50872

• Notable Discussion: Kandi Harper presented overview of the Live Local Act to the Commission. Key points: (1) allows housing projects on any commercial, industrial, or mixed-use zoned land; (2) preempts local zoning for density, building height, floor area ratio, and parking; (3) 2024 amendments eliminate public notice, hearings, and comment for qualifying projects; (4) highest density allowed in Leesburg jurisdiction is 30 units per acre (25 downtown); (5) building height determined by tallest building within one mile; (6) 40% of units must be deemed affordable by state formula; (7) record covenant for 30 years; (8) City required to publish "Expectations" document for administrative approval process on website. Staff expressed concerns about eliminating public process and potential for dense housing in commercial/industrial areas. City Attorney Cotch confirmed this is a state statute preempting all local governments. Dan Miller noted the legislature is "gradually eroding" local control (tree permits, food trucks, design standards). Draft "Expectations" document to come before the board early 2025.

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Public Hearings Summary

• Number of speakers: Multiple (Wayne Storage drew most public comment — wildlife, road access; Leatherleaf had developer presentations but limited public speakers)
• General sentiment: Mixed — Silver Springs eventually gained support after community engagement; Leatherleaf rejected; Wayne Storage approved despite neighbor concerns
• Key concerns:
  • Traffic and density on CR 33/CR 48 corridor (Leatherleaf)
  • Wildlife habitat and road access rights (Wayne Storage — Variety Tree Road)
  • State preemption of local zoning control (Live Local Act discussion)

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Key Signals

• Silver Springs 337 acres finally approved after six-month journey: The largest development to come through the Commission in this period passed 6-0 after being withdrawn in July and postponed twice. The applicant's strategy worked: hold community meetings, add larger lots, add conservation areas, address neighbor concerns about No. 2 Road access. This is a template for how large projects can navigate Leesburg's increasingly skeptical Commission — community engagement plus design flexibility.
• Leatherleaf rejected 4-2 — LPG's second denial in two months: Following the Cronin-Dewey Robbins 7-0 denial in November, LPG's 77.5-acre Leatherleaf project was also rejected. The pattern is clear: the Commission is resistant to LPG's townhome/paired villa model in the southern US-27/CR 33/CR 48 triangle. Only Sanders and Sennett consistently support these projects. The CR 48/CR 33 intersection is becoming a bottleneck for development approvals.
• Live Local Act looms large over local control: The detailed discussion of the Live Local Act reveals deep staff and Commission concern about state preemption. Dan Miller's comment about the legislature "gradually eroding" local authority frames the Act as an existential threat to the Planning Commission's role. The highest density allowed in Leesburg (30 units/acre) becomes the ceiling for any qualifying project — developers could bypass the Commission entirely for affordable housing projects on commercial/industrial land.
• Self-storage continues to be the safe play: Wayne Storage (6.52 acres) approved 6-0 despite wildlife and road access concerns. This is the third storage facility to pass easily in this period, confirming self-storage as the path of least resistance through the Commission.
• Three members absent signals end-of-year fatigue: Marshall, Carter, and Akkerman all absent. With only 6 of 9 present, the Leatherleaf rejection needed only 4 votes. Had the full board been present, the outcome might have differed.

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Raw Notes

• November 21 minutes approved 6-0.
• Venice at Lake Harris cases postponed to February — second postponement pushes this project further into 2025.
• Kandi Harper distributed both applicable Live Local Act statutes (FS 166 and FS 420) to commissioners.
• City Attorney Cotch noted affordable rent under formula would be approximately $1,200/month.
• Dan Miller mentioned Cutrale plant — no update available.
• Chairman/Vice-Chairman election needs to occur at next meeting (February or March).