LSBGHORZ

                                                         

AGENDA MEMORANDUM

 

 

MEETING DATE:   December 21, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for the N.C. Leesburg, LLC (North), from City C-2 (Community Commercial) to City SPUD (Small Planned Unit Development)

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City C-2 (Community Commercial) to City SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately 3.6 acres.  The property is generally located at the northwest corner of W. North Boulevard and Citizens Boulevard as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial). Currently, the property is developed as a professional office complex. The surrounding zoning designations are City C-2 (Community Commercial) and City C-3 (General Commercial). The proposed zoning would limit the intensity of uses for this site to a professional office complex with accessory uses.

 

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 designation of City General Commercial. The proposed amendment is consistent with the City’s Growth Management Plan and Future Land Use Element, Goal I, Objective 1.6.

 

The property is currently connected to 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 the SPUD (Small 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:    12/17/09 10:10 AM____

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 3.6 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF W. NORTH BOULEVARD AND CITIZENS BOULEVARD, LYING IN SECTION 23, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY C-2 (COMMUNITY COMMERCIAL) 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 N.C. Leesburg, LLC (North), 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 C-2 (Community Commercial) 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: 1204321 and 1204534

 

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                                          , 2010.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 

 

 

 

 

CASE #:058-1-111909                                                                                        EXHIBIT A

                                                                       

                                                        NC LEESBURG –NORTH

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

November 17, 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 NC Leesburg-North, "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 financial institutions and a general office complex on an approxi­mately 3.6 +/- acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to NC Leesburg-North 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 on the northwest corner of W. North Boulevard and Citizens Boulevard.  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 financial institutions and a general office complex with accessory uses for the approximate area as shown on the Conceptual Plan.

 

                    3)       Uses prohibited shall be as follows:

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

                              b.      commercial uses

                              c.      industrial uses

            

                                                 

          C.       Area/ Open Space

The Impervious surface coverage and open space shall be as shown on the Conceptual Plan.

 

4.       SITE ACCESS

A.      Access to the property is currently from W. North Boulevard, Shelfer Street and Citizens Boulevard Any additional access shall be subject to the City of Leesburg SPUD amendment and site plan application review process.

 

5.        DESIGN REQUIREMENTS

A.     Design requirements shall be as provided by the current buildings developed on the site.

          

6.       DEVELOPMENT STANDARDS

A.     The minimum development standards shall be those required for the SPUD district and as shown on the Conceptual Plan and as noted in Exhibit E.

 

7.       PARKING

A.             The permittee shall have off-street parking spaces within the property per the Conceptual Plan which shall include the required number of handicapped parking spaces.

 

8.       WETLANDS

A.      Wetlands on the site have already been addressed.

 

9.       DRAINAGE AND UTILITIES

          A.      Drainage and utilities are currently developed on site and shall be approved per the Conceptual Plan.

 

10.     TRANSPORTATION

          A.      All transportation improvements and access requirements shall be approved per the Conceptual Plan.

 

           B.      The Permittee shall provide all necessary improvements/signalization adjacent to the development as required by FDOT, Lake County and City of Leesburg.

         

          C.      The Permittee shall be responsible for obtaining all necessary FDOT, Lake County and City of Leesburg permits and a copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.

         

11.      LANDSCAPING AND BUFFER REQUIREMENTS

          A.      All landscaping and buffering shall be in accordance with the approved Conceptual Plan and these SPUD conditions:

         1)       The reduction in the front street side buffer form 15 feet to 5’ feet shall require the landscaping to be increased per Exhibit D Typical Landscape Buffer.

 

           B.      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 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 48 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 PUD 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.

 

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 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

 

Alternate Key #’s: 1204321 and 1204534

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                               EXHIBIT C

 

 

TYPICAL LANDSCAPE BUFFER                                                                      EXHIBIT D

 

 

DEVELOPMENT STANDARDS                                                                EXHIBIT E