AGENDA MEMORANDUM

 

 

MEETING DATE:   January 11, 2010

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Jay H. Allen, from R-2 (Medium Density Residential) to City SPUD (Small Planned Unit Development)

 

PROJECT:                 Residential, office, medical and veterinary clinic uses (only)

 

 

Staff Recommendation: 

The Planning staff, with the revised uses, and the Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) to City SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately 1.26 acres and is generally located on the south side of Dixie Avenue and just east of U.S. Highway 27 as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential).  The current uses of the property are single family residential, office, medical and veterinary clinic. The office and veterinary clinic are nonconforming uses under the current zoning and the proposed rezoning would allow these uses as permitted uses. All commercial uses would be prohibited including the previously requested self service ice machine. The surrounding zoning designations are City R-2 (Medium Density Residential), RP (Residential Professional) and C-3 (Highway Commercial.  The surrounding Future Land Use Map designation is Low Density. The existing Land Use designation for the subject property is City Low Density.

 

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 Low Density`.

 

The existing land uses surrounding the property are single family and multi-family residential, residential professional offices, commercial, and undeveloped property.

 

Development of the property requires City utilities.

 

By a vote of 6 to 0 on September 24, 2009, the Planning Commission voted to recommend approval. (Prior to the removal of the self service ice machine)

 

 

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 further development of this property.

 

Submission Date and Time:    1/20/10 5:50 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 1.26 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE AVENUE AND JUST EAST OF U.S. HIGHWAY 27, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (JAY H. ALLEN)

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1

 

Based upon the petition of Jay H. Allen, 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 R-2 (Medium Density Residential) 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: 1653908, 1764653, 1350867, 1653894 and 1350824

 

 

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 #:036-1-092409                                                                                               EXHIBIT A

 

                                                                        JAY H. ALLEN

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                   March 19, 2009

Revised January 11, 2010

 

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 Jay Allen “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 permit residential, office, medical and veterinary clinic uses as permitted by these conditions on an approxi­mately 1.26 +/- acres with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Jay Allen 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 south side of Dixie Avenue and just east of U.S. Highway 27. 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 including residential, office, medical and veterinary clinic uses and shall occupy the approximate area as shown on the Conceptual Plan dated September 9, 2009 as revised.

                             

B.       Uses prohibited shall be as follows:

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

                    2)       commercial/retail (including self service ice machines)

          3)      transient accommodations

          4)      crematoriums and funeral parlors

          

C.      Hours of operations shall be restricted to 7:00 a.m. to 11:00 p.m.

          

           D.      Area  

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

 

          E.      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 Dixie Ave. and South Street as shown on the location map.  If additional access is requested, approval shall be subject to the City of Leesburg SPUD amendment and Site Plan Application review process.

 

5.       DEVELOPMENT STANDARDS

          A.      The minimum development standards shall be those required for the SPUD district except as amended by these conditions and as represented on the Conceptual Site Plan.

         

B.          All operations shall be carried on entirely within an enclosed structure.

 

C.           No outdoor storage areas shall be permitted. 

 

D.         Areas of property not occupied by structures or paving shall be grassed, landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.

 

6.       PARKING

A.  The permittee shall have off-street parking spaces within the property per the           conceptual site plan, pursuant to the City of Leesburg Code of Ordinances, as amended,    

          which shall include the required number of handicapped parking spaces.

 

7.       WETLANDS

A.      Wetlands shall comply with the following requirements. 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).

 

8.       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.

 

9.       TRANSPORTATION

          A.      Permittee shall make all transportation improvements as required by Lake County, the MPO and the City of Leesburg.  Construction of improvements shall be contingent upon plan approval by City of Leesburg staff during development review/permit application, if applicable. 

                             

          B         A transportation study shall be required unless a waiver is obtained from the MPO exempting the project based on the previous use of the property and substantiation of minimum change in traffic impacts.  

                   

10.     LANDSCAPING AND BUFFER REQUIREMENTS

          A.      All landscaping and buffering shall be in accordance with regulations con­tained within  the City of Leesburg Code of Ordinances including;

                     1)      For each one hundred (100) linear feet, or fraction thereof, of boundary, the       following plants shall be provided in accordance with the planting standards and         requirements of the City of Leesburg Code of Ordinances, as amended.

a.   Two (2) canopy trees

b.   Two (2) ornamental trees

c.   Thirty (30) shrubs

d.  The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.

               e.   Existing vegetation in the required buffer shall be protected during                                             construction.

 

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

 

11.     MAINTENANCE

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

 

         12.      DESIGN REQUIREMENTS

A.     Exterior building materials contribute significantly to the visual impact of a building on the community. They shall be well designed and integrated into a comprehensive design style for the project. The total exterior wall area of each new building elevation shall be composed of one of the following:               

 

1)               At least thirty-five percent (35%) full-width brick or stone (not including window

           and door areas and related trim areas), with the balance being any type of lap siding

                              and/or stucco.

 

2)       At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option.).

                   

3)       All textured stucco, provided there are unique design features such as tile or metal roofs, arched windows etc. in the elevations of the buildings or the buildings are all brick stucco. Unique design features shall be reviewed by the Community Development Director for compliance

 

           B.      Other Features

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

 

         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 36 months of approval of this Planned Development. Completion of any residential, office or veterinary clinic uses shall constitute substantially implemented and shall remove any time period requirements. 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 R-2 (Medium Density Residential) or 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. A conceptual plan shall be submitted to the staff prior to any additional development of the site.

 

       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.     The development will require construction of new distribution mains, since existing facilities in the service area are not adequate.  Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction.  Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications.

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

 

The West 120 feet of Lot 9, block 3, H.L. Kerl’s second addition to the plat thereof as recorded in Plat Book 4, page 59, public records of Lake County, Florida, also described as commence at the southwest corner of lot 9, block 3, H.L. Kerl’s second addition as recorded in Plat Book 4, page 59, in the public records of Lake County Florida, run East 120.02 feet to a concrete monument along the South Line of said lot 9, Thence North 0 34’00” West 83.81’ to a concrete monument.  Thence North 05 19’28” West, 70.59 feet to a concrete monument, thence south 51 07’43” West, 145.64 feet to a concrete monument, thence South 0 42’14” East, 62.69 Feet to a concrete monument and the point of beginning.

AK – 1653894

 

That part of Lot 10, Block 3, H.L. Kerl’s SECOND ADDITION TO THE CITY OF LEESBURG, according to the plat thereof, recorded in Plat Book 4, Page(s) 59, of the Public Records of Lake county, Florida bounded and described as follows; Begin at the most Northerly corner of said Lot 10; thence run Southwesterly along the Southerly right of way line of Dixie Avenue 75 feet; thence run in a Southeasterly direction, at right angles with Dixie Avenue 150’; Thence run in a Northeasterly direction, parallel with Dixie Avenue 75 feet; thence run in a Northwesterly direction, along a straight line a distance of 150 feet to the point of beginning, less road right of way for Dixie Avenue.

Grantor herein affirms that above described property does not constitute his homestead as defined in the constitution and laws of the State of Florida.

 

AK #1350824

Begin at a point on the southerly right of way line of Dixie Avenue, said point being 4 feet Southwesterly of the North Corner of Lot 1, Block 4, of Kerl’s Second Addition to the City of Leesburg, according to the plat thereof as recorded in Plat Book 4, Page 59, Public Records of Lake County, Florida, (said point also being 90 feet Southwesterly from the North corner of Lot 10, Block 3, Kerl’s Second addition): run thence Southwesterly,  along said right of way line of Dixie Avenue, 90 feet; thence Southeasterly at right angles to Dixie Avenue, 75 feet; thence Northeasterly, parallel with Dixie Avenue, 90 feet, thence Northwesterly, at right angles to Dixie Avenue 75 feet to the point of beginning.

 

AK #1653908

A parcel of land described as follows: From the North corner of Lot 10, Block 3, Kerl’s second addition to the City of Leesburg, according to the Plat thereof as recorded in Plat Book 4 Page 59, Public Records of Lake County, Florida, run Southwesterly along the Southerly right of way line of Dixie Avenue 75 feet for a point of beginning, from this point of beginning continue Southwesterly along said right of way line of Dixie Avenue, 15 feet; thence Southeasterly at right angles to Dixie  Avenue, 75 feet; thence Southwesterly, parallel with Dixie Avenue, 90 feet; thence southeasterly at right angles to Dixie Avenue, 75 feet; thence Northeasterly parallel with Dixie Avenue, 105 feet; thence Northwesterly, at right angles to Dixie Avenue, 150 feet to the point of beginning, less and except any portion of the above described parcel lying within the right of way of Dixie Avenue.

 

AK – 1764653

That part of Lots 1,2, and 3, in Block 4; and that part of Lot 10 in Block 3; in H.L. Kerl’s Second Addition to the City of Leesburg, Florida, according to the plat thereof recorded in Plat Book 4, page 59, Public Records of Lake County, Florida, bounded and described as follows:  From the most Westerly corner of said Lot 1 in Block 4, run Northeasterly along the Northwesterly line of the said Lot 1 a distance of 25 feet; thence turn to the right at an angle of 90 degrees and run Southeasterly and perpendicular to the tangent of Dixie Avenue 100 feet for a point of beginning.  From said point of beginning, run Southeasterly along a line perpendicular to the tangent of Dixie Avenue 50 feet, more or less, to a point on the Southeasterly line of the said lot 10 in Block 3, the said point being hereby .designated as Point “A”.  Begin again at the point beginning; thence turn to the right at an angle of 90 degrees and run Southwesterly and parallel with the tangent of Dixie Avenue 120 feet; thence run South Along a line that is perpendicular to the North line of the right of way of South Street 18.35 feet, more or less, to the North line of the right of way of South Street; Thence run East along the North Line of the right of way of South Street 134.97 feet, more or less, to the Southwest corner of Lot 9 in Block 3 or the said H.L. Kerl’s Second Addition; thence run North 00 Degrees 30’ West along the West line of the said Lot 9 a distance of 62.71 feet, more or less, to a point on the Southeasterly line of the said Lot 10 in Block 3; thence run Southwesterly along the Southeasterly line of the said Lot 10 a distance of 12.59 feet, more or less, to the above designated Point “A”.

ALSO:       That part of Lots 1,2, and 3, in Block 4, in H.L. Kerl’s Second Addition to the City of Leesburg, Florida, according to the plat thereof recorded in Plat Book 4, page 59, Public Records of Lake County, Florida, bounded and described as follows: From the most Westerly corner of Said Lot 1, run Northeasterly along the Northwesterly line of said Lot 1 a distance of 25 feet for a point of beginning. From said point of beginning, turn to the right at an angle of 90 degrees and run Southeasterly and perpendicular to tangent of Dixie Avenue 100 feet; thence turn to the right at an angle of 90 degrees and run Southwesterly and parallel with tangent of Dixie Avenue 120 feet; thence turn to right at an angle of 90 degrees and run Northwesterly and perpendicular to tangent of Dixie Avenue 100 feet to point on Southeasterly line of right of way of Dixie Avenue; thence run in Northwesterly direction along Southeasterly line of right of way of Dixie Avenue 120 feet to the point of beginning.

LESS AND ACCEPT that part conveyed to the State of Florida  in Official Record Book 618, page 2382, Public Records of Lake County, Florida.

SUBJECT TO:  Easement(s)and other matters as shown on the Plat of H.L. Kerl’s Subdivision, recorded in Plat Book 4, page 59, Public Records of Lake County, Florida; Road and minerals reservations in favor of the State of Florida in deed from the Trustees of the Internal Improvement Fund of the State of Florida recorded in Deed Book 225, page 370, Public Records of Lake County, Florida, not including the portion of road right of way released by Partial Release of Road Reservation by Board of Trustees of the Internal Improvement Trust Fund, dated August 26, 1997, recorded in Official Record Book 1544, page 1885, Public Records of Lake County, Florida; and reservations, conditions, and other matters described in “Surveyor’s Note” on survey of insurance property by Farner Barley and Associates, Inc., dated May 29, 1997, Job Number 971217.

AK # - 1350867