The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from County R-6 (Rural Residential) and County A (Agriculture) to PUD (Planned Unit Development).
The project site is approximately 25 acres. The property is generally located on the north side of S.R. 44, adjacent to Executive Boulevard, east of Whitney Road and south of Veech Road as shown on the attached General Location Map. The present zoning for this property is County R-6 (Rural Residential) and County A (Agriculture). Currently, the property is used for agricultural/undeveloped and the proposed use is for commerce/light industrial park uses. The surrounding zoning of adjacent properties is County A (Agriculture) and County R-7 (Mixed Residential District) on the north, County LM (Light Industrial) on the south, County A (Agriculture) and City M-1 (Industrial) on the east, and County A (Agriculture) and County R-6 (Rural Residential) on the west. The proposed Land Use designation for the subject property is City Industrial.
The proposed zoning district of City PUD (Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the proposed future land use designation of City Industrial.
The existing land uses surrounding the property are undeveloped, commercial and agriculture.
Future development of the property requires City utilities.
By a vote of 6 to 0 on December 16, 2010, the Planning Commission voted to recommend approval.
1. Approve the proposed rezoning to City PUD (Planned Unit Development) thereby allowing consistent zoning and development standards for this area.
2. Other such action as the Commission may deem appropriate.
There is a positive fiscal impact to the City through the further development of this property.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head __BW_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 25 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF S.R. 44, ADJACENT TO EXECUTIVE BOULEVARD, EAST OF WHITNEY ROAD AND SOUTH OF VEECH ROAD, LYING IN SECTION 29, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY R-6 (RURAL RESIDENTIAL) AND COUNTY A (AGRICULTURE) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Paquette Development Group, LLC)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of Paquette Development Group, LLC, 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 County R-6 (Rural Residential) and County A (Agriculture) to City PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:
Alternate Key Numbers: 1756251 & 1112877
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 , 2011.
THE CITY OF LEESBURG
CASE #:064-1-121610 EXHIBIT A
PAQUETTE DEVELOPMENT GROUP, LLC
PLANNED DEVELOPMENT CONDITIONS
DECEMBER 16, 2010
These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Paquette Development Group, LLC, “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 PUD (Planned Unit Development) zoning district to permit light industrial uses on an approximately 25 acres site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Paquette Development Group, LLC to operate, and maintain a PUD (Planned Unit Development) in and on real property in the City of Leesburg. The property is generally located on the north side of State Road 44, south of Veech Road, adjacent to Executive 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 PUD (Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.
1) Uses shall be those listed as permitted uses in this document and shall occupy the approximate area as shown on the Conceptual Plan Exhibit C dated July 2005.
2) Permitted Uses shall be as follows:
a. Office, commercial and light industrial uses and associated uses by these conditions.
3) Uses prohibited shall be as follows:
a. primary residential
b medical patience facilities
c. group homes
d. entertainment/recreation including cinema or theater
e. places of worship
g. educational facilities
h. community services
i. social services
j. personal services
k. gas station or convenience stores
l. car wash
n. transient accommodations
o. vehicle sales, service and repair
p. truck stops
q. animal hospitals and kennels
r. heavy industrial uses
t. all waste related services
u. Any other similar uses which are not considered office, commercial or light industrial in character or intensity which may adversely impact the adjoining properties do to traffic, noise, dust, etc.
4) The following uses shall be permitted only as accessory uses:
a. residential (security/care taker)
b. day cares
c. educational facilities
e. open storage with screening
f. vehicle sales, service and repair
g. car wash
The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.
C. 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 available from the adjacent West Main Street (SR 44 West). Additional potential access, if required, for emergency vehicles shall be reviewed during the City of Leesburg Planned Development process.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the PUD district except as amended by these conditions.
B. All operations shall be carried on entirely within an enclosed structure, except as permitted under accessory uses of Section 25-284, City of Leesburg Code of Ordinances, as amended.
C. Outdoor storage areas shall be completely screened from adjacent properties.
D. Areas of property not occupied by structures or paving shall be grassed and landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.
A. The permittee shall construct off-street parking spaces within the development per the conceptual site plan as parcels are developed, pursuant to the City of Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces.
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).
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.
A. Development of the property shall require a traffic study unless a transportation study waiver is granted from the Lake-Sumter MPO exempting the project based on the use of the property and substantiation of minimum change in traffic impacts.
B. Traffic shall be prohibited from traveling on Veech Road and Jones Drive except for emergency vehicles, if required.
C. The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by Florida Department of Transportation, Lake County, the MPO and City of Leesburg.
10. LANDSCAPING AND BUFFER REQUIREMENTS
A. A minimum twenty-five (25) foot buffer shall be provided along C.R. 44. Said buffer shall include a landscape berm, fence or wall with planting as provided below. However, existing natural buffer areas that meet the intent of the code because of existing tree cover meeting the referenced requirements may be approved by the Community Development Director
B. An eight foot high solid decorative white PVC fence with decorative posts and caps with landscaping as seen on Exhibit D shall be constructed along all property boundaries not designated as industrial areas.
C. Variations to the landscape and buffer 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 Code are maintained.
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.
12. OPERATIONAL REQUIREMENTS
A. The owner shall not, in the course of conducting any commercial or industrial activity, make or cause to be made a noise/vibration/dust disturbance which disturbs, destroys, or endangers the comfort, health, peace, or safety of others within any residential districts. If recurring formal written complaints from multiple complainants in residential areas related to noise or other disturbances emanating from the operation are received by city staff. 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.
B. A noise/vibration/dust and/or traffic study by the applicant may be required to ensure compliance with this section if reoccurring formal written complaints from multiple complainants related to traffic, 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.
C. The operation of machinery or equipment shall be restricted to the interior of buildings, except for the use of fork lifts etc. to receive and ship products.
D. No activity including but not limited to loading and unloading, truck traffic, storage, fork lifts etc. shall occur in the buffer set back area, as described per Section 10. LANDSCAPING AND BUFFER REQUIREMENTS above.
E. The applicant shall be subject to Section 12-19 Regulation of Public Nuisances of the City of Leesburg Code of Ordinances, as per attached Exhibit E.
13. 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 these PUD conditions 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 Small 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 PUD 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.
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.
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
Alternate Key #’s: 1756251 & 1112877
CONCEPTUAL SITE PLAN EXHIBIT C
CONCEPTUAL FENCING EXHIBIT D
REGULATION NUISANCES EXHIBIT D