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AGENDA MEMORANDUM
MEETING DATE: September 13, 2010
FROM: Bill Wiley, AICP, Community Development Director
SUBJECT: Ordinance for rezoning for FDIC as Receiver for Colonial Bank/Central Florida Health Alliance, Inc., from City R-2 (Medium Density Residential) to SPUD (Small Planned Unit Development)
PROJECT: To allow for administrative offices with storage of IT hardware uses
Staff Recommendation:
The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) to SPUD (Small Planned Unit Development).
Analysis:
The project site is approximately one acre. The property is generally located on the south side of W. Oak Terrace, east of Lee Street and north of W. North Boulevard as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential). Currently, the property is undeveloped/vacant house and the proposed use is to allow for administrative offices with storage uses. The surrounding zoning is City R-2 (Medium Density Residential) on the north, east and west, and City C-3 (Highway Commercial) on the south. The proposed Land Use designation for the subject property is City General Commercial.
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 High Density Residential.
The existing land uses surrounding the property are office, commercial and single/multi-family residential.
Development of the property requires City utilities.
By a vote of 7 to 0 on August 19, 2010, 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 further development of this property.
Submission Date and Time: 9/16/10 12:11 PM____
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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 ON THE SOUTH SIDE OF W. OAK TERRACE, EAST OF LEE STREET AND NORTH OF W. NORTH BOULEVARD, LYING IN SECTION 23, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (CENTRAL FLORIDA HEALTH ALLIANCE, INC.)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of Central Florida Health Alliance, Inc., 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 SPUD (Small Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:
Legal Description
The East 190 feet of the West 340 feet of the South 230 feet of Lot 4, N.C. Lee Estates, a subdivision in the City of Leesburg, according to the Plat thereof as recorded in Plat Book 1, Page 75, of the Public Records of Lake County, Florida.
Alternate Key Number: 1231086
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 #:035-1-081910 EXHIBIT A
CENTRAL FLORIDA HEALTH ALLIANCE INC. PROPERTY
REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
August 19, 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 FDIC as Receiver for Colonial Bank/Central Florida Health Alliance, Inc. “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 for office and limited commercial uses as permitted by these conditions on an approximately one acre within the City of Leesburg in accordance with their Planned Development application and supplemental information.
1. PERMISSION
Permission is hereby granted to FDIC as Receiver for Colonial Bank/Central Florida Health Alliance, Inc. 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 south of W. Oak Terrace Drive, east of Lee Street and north of W. North 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 the R-P Residential-Office district including uses as limited and shall occupy the approximate area as shown on the Conceptual Plan.
B. Uses prohibited shall be as follows:
1) All uses not permitted by the R-P Residential-Office district.
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 W. Oak Terrace Drive on the north and Lee Street on the west as shown on the location map. In addition, cross access easements shall be required as shown on the attached Exhibit D as per Sec. 25-344 Joint Use Driveways and Cross Access Easements of the code. 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 C-2 General Commercial district except as amended by these conditions and as represented on the Conceptual Site Plan. Rear setback shall be zero from the property boundary.
B. 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 do not appear to exist on the site. However, 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).
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. If future redevelopment of the property is desired, any transportation improvements including but not limited to signalization, signage or turn lanes shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application. All required transportation improvements shall comply with regulations of the City of Leesburg, Lake County, and/or the Florida Department of Transportation as applicable.
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;
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.
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. 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 drawn to scale shall be submitted to the staff for approval 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.
13. 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 (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.
LEGAL DESCRIPTION EXHIBIT B
LEGAL DESCRIPTION
The East 190 feet of the West 340 feet of the South 230 feet of Lot 4, N.C. Lee Estates, a subdivision in the City of Leesburg, according to the Plat thereof as recorded in Plat Book 1, Page 75, of the Public Records of Lake County, Florida.
Alternate Key # 1231086
CONCEPTUAL SITE PLAN EXHIBIT C
CROSS
ACCESS EASEMENTS EXHIBIT
D