AGENDA MEMORANDUM

 

 

MEETING DATE:   February 28, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Dr. Gary Christensen from City R-2 (Medium Density Residential) to SPUD (Small Planned Unit Development)

 

PROJECT:                 To allow for an existing dental office

 

 

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 .34 acre.  The property is generally located east of Lee Street, north of W. Main Street 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 an existing dental office and the proposed use is to expand the existing dental office. The surrounding zoning of adjacent properties is City R-2 (Medium Density Residential) on the north, City R-2 (Medium Density Residential) and City C-2 (Community Commercial) on the east and west, and City C-2 (Community Commercial) on the south. The proposed 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 designation of City Low Density Residential.

 

The existing land uses surrounding the property are commercial, multi-family residential, office and vacant residential.

 

The property currently has City utilities.

 

By a vote of 7 to 0 on January 20, 2011, 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:

A positive fiscal impact is expected with the expansion of the dental office. 

 

Submission Date and Time:    3/9/11 5:43 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 .34 ACRE GENERALLY LOCATED EAST OF LEE STREET, NORTH OF W. MAIN STREET, 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); AND PROVIDING AN EFFECTIVE DATE. (Dr. Gary Christensen)

 

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

 

Section 1

 

Based upon the petition of Dr. Gary Christensen, 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)

 

 

Alternate Key Number: 1263727

 

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                                          , 2011.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

CASE #: 002-1-012011                                                                                              EXHIBIT A

 

                                                                       

                                                           GARY CHRISTENSEN

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                JANUARY 20, 2011

 

These Planned Development Conditions for a City SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Gary Christensen, "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 City SPUD (Small Planned Unit Development) zoning dis­trict to permit an existing dental office with an approximate 200 square foot expansion as permitted by these conditions on an approxi­mately .34 +/- of an acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Gary Christensen to operate, and maintain a City SPUD (Small Planned Unit Development) development in and on real proper­ty in the City of Leesburg. The property is generally located on the east side of Lee Street and north of W. Main 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 City SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.

A.             Permitted Uses shall be as follows:

 1)      Uses shall be those listed as permitted uses in this document and shall occupy the approximate area as shown on the Conceptual Plan dated December 13, 2010.

                                                 

                    2)       Commercial uses shall be those listed for the City RP (Residential Professional) uses in the Land Development Code as a permitted uses as well as Medical Facilities - Minor Patient Family Accommodations only for the approximate area as shown on the Conceptual Plan dated December 13, 2010.

 

          B.       Uses prohibited shall be as follows:

                    1)       All uses prohibited by the City RP (Residential Professional) district with the exception of Medical Facilities - Minor Patient Family Accommodations only

         

         


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 Lee Street. 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.

         

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.          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. In addition, the provisions for historic property parking shall apply.

 

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.      Future 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.      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.    Any required landscaping and buffering, if applicable, shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances.

 

          B.      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.

 

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.      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.  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

 


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 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.

 

14.      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

 

 

 

Alternate Key # 1263727

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                               EXHIBIT C