LSBGHORZ

AGENDA MEMORANDUM

 

 

MEETING DATE:   December 14, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Lake County School’s Transportation Expansion, from City CIP (Commercial/Industrial Planned) to SPUD (Small Planned Unit Development)

 

PROJECT:                 Expansion of the existing adjacent Lake County School’s bus maintenance facility

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City CIP (Commercial/Industrial Planned) to City SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately one acre.  The property is generally located west of the northeast corner of Center Street and McCormack Street as shown on the attached General Location Map. The present zoning for this property is City CIP (Commercial/Industrial Planned).  The current use of the property is a vacant single family residence. The proposed use is the expansion of the existing adjacent Lake County School’s bus maintenance facility.  The surrounding zoning designations are City M-1 (Industrial), R-2 (Medium Density Residential), CIP (Commercial/Industrial) and R-3 (High Density Residential).  The surrounding Future Land Use Map designations are City Industrial, High Density Residential, Low Density Residential, Estate and Institutional. The existing Land Use designation for the subject property is City Industrial.

 

The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the existing future land use designations.

 

The existing land uses surrounding the property are single family residential, commercial, industrial, undeveloped property, and the Lake County Schools Bus Maintenance Facility.

 

Development of the property requires City utilities.

 

By a vote of 4 to 0 on November 19, 2009, the Planning Commission voted to recommend approval.

 

 

 

Options:        

1.         Approve the proposed rezoning to City SPUD (Small Planned Unit Development) thereby allowing consistent zoning and development standards for this area.

            2.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is a positive fiscal impact to the City through the development of this site.

 

Submission Date and Time:    12/10/09 5:15 PM____

Department: Community  Development

Prepared by:   Bill Wiley, AICP                    

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY ONE ACRE GENERALLY LOCATED WEST OF THE NORTHEAST CORNER OF CENTER STREET AND MCCORMACK STREET, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY CIP (COMMERCIAL/INDUSTRIAL PLANNED) TO CITY SPUD (SMALL 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 the Lake County School Board, the petitioner 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 City CIP (Commercial/Industrial Planned) to City SPUD (Small Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

            Alternate Key Numbers: 1290678, 3733215 & 1349265

 

 

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                                          , 2009.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 

 

 

CASE #:052-1-102209                                                                                       EXHIBIT A

                                                                       

                                            LCS TRANSPORTATION EXPANSION

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

November 13, 2009

 

These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to LCS Transportation Expansion / Citizens First Bank, "Permittee" for the purposes and terms and conditions as set forth herein pur­suant to authority contained in Chapter 25 "Zoning", Sec­tion 25-278 "Planned Development Process" of the City of Leesburg Code of Ordinances, as amended.

 

BACKGROUND: The "Permittee" has submitted an application requesting a SPUD (Small Planned Unit Development) zoning dis­trict to allow a educational facilities for vehicle repairs, service and storage/parking on an approxi­mately one+/- acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to LCS Transportation Expansion / Citizens First Bank to operate, and maintain a SPUD (Small Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located west of the northeast corner of Center Street and McCormack Street.  The property is more particularly described as shown in the attached legal description below.

 

2.       LEGAL DESCRIPTION

          See attached legal Exhibit B

 

3.       LAND USES

          The above-described property shall be used for SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.

A.             Uses

                    1)       Uses shall be those listed as permitted uses in this document and shall          occupy the approximate area as shown on the Conceptual Plan.

                             

                    2)       Permitted Uses shall be as follows:

                              a.       Uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as a permitted uses including educational facilities for vehicle repairs, service and storage/parking with accessory uses for the approximate area as shown on the Conceptual Plan.

 

                    B.       Uses prohibited shall be as follows:

                              a.      All uses not permitted by the SPUD (Small Planned Unit Development)

                              b.      commercial uses

                              c.      industrial uses

           C.      Area           

The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.

 

          D.      Open Space

A minimum of twenty (20) percent of the site shall be developed as open space, including retention areas, buffer and landscaped areas. Parking areas and vehicle access areas shall not be considered in calculating open space. 

 

4.       SITE ACCESS

A.      Access to the property is currently from Center Street and McCormack Street. However, these conditions shall limit access to the property to the School Board’s adjacent property to the north as shown on the conceptual plan. Any additional access shall be subject to the City of Leesburg SPUD amendment and site plan application review process.

 

5.       DESIGN REQUIREMENTS

A.     Proposed building shall be similar in style to the existing county bus maintenance facilities on the adjacent property to the north.

          

           B.      Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.

 

6.       DEVELOPMENT STANDARDS

          A.      The minimum development standards shall be those required for the SPUD district except as amended by these conditions.

         

          B.       All repairs shall be restricted to the proposed building as shown conceptual plan.

 

C.        No outdoor storage or parking of vehicles shall be permitted except on the School Board’s adjacent property to the north.   

 

7.       PARKING

A.             The permittee shall have off-street parking spaces within the property per the conceptual site plan for employees or School Board service vehicles, pursuant to the City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces. 

 

8.       WETLANDS

A.      Should wetlands exist on the site, the following requirements shall apply. Prior to disturbance or development of any wetland area, the "Permittee" shall submit and receive ap­proval from all affected governmental agencies to include, but not limited to, St. John's River Water Man­agement District and the State of Florida Department of Environmental Regulation.  Any no­tice of violation from any affected agency shall be cause for a cease and desist order on permits issued by the City of Leesburg until such time as the violation has been re­solved with the appropriate agency(s).

 

9.       DRAINAGE AND UTILITIES

          A.      Prior to receiving Final Development Plan Approval, the "Permittee" shall sub­mit, if applicable, a Master Site Drainage Plan and Utility Implementation Plan accept­able to the City of Leesburg. Prior to removal, renovation or demolition of any existing development on the site, the per­mittee shall provide:

                     1)      A detailed site plan demonstrating no direct dis­charge of storm­water run­off  generated by the devel­opment into any natural sur­face waters or onto adjacent properties.

                    2)       A detailed site plan indicating all provisions for electric, wa­ter, sewer, and natural gas in accordance with the site plan review process as required by the City of Leesburg Code of Ordinances.

 

10.     TRANSPORTATION

          A.      Development of the property should not require a traffic study since the site is an expansion of a currently developed adjacent site and the proposed additional use has limited traffic impacts. A transportation study waiver may be requested from the MPO exempting the project based on the proposed use of the property and substantiation of minimum change in traffic impacts.          

 

11.      LANDSCAPING AND BUFFER REQUIREMENTS

          A.      All landscaping and buffering shall be in accordance with regulations con­tained within   the City of Leesburg Code of Ordinances except as provided under these conditions.

                      1)      An eight foot black metal (aluminum wrought iron style) fence curved security pickets at the top shall be installed along the southern and western property boundaries. See Exhibit D Conceptual Fence Style. Landscaping shall be required along the road side of the fence for a visual buffer of a minimum of six feet in height. (See Exhibit E)

                     2)      An eight foot concrete stucco wall with decorative posts and wall caps (See attached Exhibit E) painted in an earth tone color shall be constructed along the eastern boundary of the property along Chester Street. No barbed wire shall be permitted on the wall. Landscaping shall be required along the road side of the wall to provide visual breaks in the length of the wall and to visually decrease the height of the wall.

                     3)      Existing vegetation in the required buffer shall be protected during any         construction.

           B.        A six foot high silk screen fence shall be installed for buffering during construction.

           C.       The use of barbed wire shall be prohibited on the property for all new construction.

           D.       Variations to the landscape requirements of the code may be approved by the Community Development Director as long as the intent of the SPUD and the Landscaping Code are maintained.

 

12.     MAINTENANCE

                   A.      With the exception of public utilities, maintenance of all site im­provements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.

         13.      DEVELOPMENT PHASING

                    A.      The proposed project may be constructed in phases in accordance with the Small Planned Unit Development Conditions and Conceptual Plan. Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Development review process.

                   

                    B.      Implementation of the project shall substantially commence within 84 months of approval of this Planned Development.  In the event, the conditions of the SPUD have not been substantially implemented during the required time period, the SPUD 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 SPUD approval or rezone the property to another appropriate zoning classification less intense than the development permitted by these SPUD Conditions

 

14.      MISCELLANEOUS CONDITIONS

           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Develop­ment Conditions. Any other proposed use must be specifically authorized in accordance with the Planned Develop­ment amendment process.

           B.      No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes. 

       C.      Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

       D.      The transfer of ownership or lease of any or all of the property described in this SPUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Unit Development established and agrees to be bound by these conditions.  The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Land Development Code, as amended.

           E.     These SPUD 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.      A noise/vibration/dust study by the applicant may be required if reoccurring formal written complaints related to noise/vibration/dust are received by the City. The applicant shall have the right to a hearing on the requirement for the referenced study before Planning Commission if they believe the complaints are not valid.

 

           G.     The operation of machinery or equipment involved in the maintenance of buses shall be restricted to between the hours of 6:00 a.m. and 7:00 p.m. Recurring formal written complaints from residential areas related to noise or other disturbances emanating from the operation shall be considered prima facie evidence in support of restricting the hours of operation further. The owner shall have seven (7) days to demonstrate that adequate measures have been taken to alleviate the source of the disturbance which gave rise to the recurring complaints. If in the opinion of the Community Development Director, the disturbances have not been corrected, the owner will be scheduled for the next available Planning Commission meeting to determine the appropriate action necessary to alleviate the disturbance.

 

           H.     An area at the southwest corner of the property shall be provided for installation by the CHCRA of a welcome to the community sign. An easement shall be provided if necessary.

 

15.      CONCURRENCY

As submitted, the proposed zoning change does not appear to result in demands on public facilities which would exceed the current capacity of some public facilities, such as, but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities. However, no final development order (site plan and building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.

A.       Utilities

 

           1)      Projected Capacities

                     a.        The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant.  The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance.

                     b.        If future development on this site is cause for off-site improvements for water and wastewater, the developer will bear the cost of design, permitting and construction of any such improvements.  The developer shall receive no impact fee credits for any such required off-site improvements.  The developer and the City may enter into a pioneering agreement with the developer, if appropriate.

c.        The City is in the process of Consumptive Use Permit renewal.  The application provides for anticipated demands due to this and other potential development      

          

B.       Commitment of Capacity

           There are no previous commitments of any existing or planned excess capacity.

 

C.        Ability to Provide Services

           1)       The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future.

           2)       The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process.  Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development.

           3)       The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements.

 


LEGAL DESCRIPTION                                                                    EXHIBIT B

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                               EXHIBIT C

CONCEPTUAL FENCE                                                                                         EXHIBIT D

 

 

 

 

 

 

 

 

 

CONCEPTUAL LANDSCAPING                                                                          EXHIBIT D

 

 

 

 

 

CONCEPTUAL EIGHT FOOT HIGH SOLID DECORATIVE WALL      EXHIBIT E