AGENDA MEMORANDUM

 

MEETING DATE:   March 28, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Hope Vision, Inc. (Carver Food Pantry & Clothing Closet) from City R-2 (Medium Density Residential) to SPUD (Small Planned Unit Development)

 

PROJECT:                 To allow a community non-profit food pantry and clothing closet sponsored by the West Leesburg CDC

 

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) with the proposed conditions.

 

Analysis:

The project site is approximately .16 acre.  The property is generally located west of McCormick Street, south of John’s Avenue and north of Bradford Avenue 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 single family house and the proposed use is a community non-profit food pantry and clothing closet sponsored by the West Leesburg CDC. The surrounding zoning of adjacent properties is City R-2 (Medium Density Residential). The existing Land Use designation for the subject property is City Low Density Residential.

 

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 churches and single family residential.

 

The property currently has City utilities.

 

By a vote of 6 to 0 on February 17, 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:

No fiscal impact is expected with this change. 

 

 

Submission Date and Time:    4/6/11 1:18 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 .16 ACRE GENERALLY LOCATED WEST OF MCCORMICK STREET, SOUTH OF JOHN’S AVENUE AND NORTH OF BRADFORD AVE, LYING IN SECTION 22, 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. (Carver Food Pantry & Clothing Closet)

 

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

 

Section 1

 

Based upon the petition of Hope Vision, 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)

 

 

 

 

Alternate Key Number: 1796415

 

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 #:008-1-021711                                                                                                   EXHIBIT A

 

CARVER FOOD PANTRY AND CLOTHING CLOSET

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                 February 17, 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 Carver Food Pantry and Clothing Closet “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 allow expansion of the center with possible overnight stays uses as permitted by these conditions on an approxi­mately .16 acre with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Carver Food Pantry and Clothing Closet 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 west side of McCormick Street, south of John’s Avenue and north of Bradford Ave. 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 for the City R-2 (Medium Density Residential) district and as provided in this document including the distribution of free food for consumption off the premises and free clothing by a non-profit origination and shall occupy the approximate area as shown on the Conceptual Plan dated February 4, 2010 as revised.

                             

 B.      Uses prohibited shall be as follows:

          1)       All uses not permitted by the City R-2 (Medium Density Residential) district or these conditions.

                     

C.      Area  

The Impervious surface coverage for this site shall not exceed fifty (50) 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 shall be from McCormick Street as shown on the location map. 

 

5.       DEVELOPMENT STANDARDS

          A.      The minimum development standards shall be those required for the R-2 (Medium Density Residential) district except as amended by these conditions and as represented on the Conceptual Site Plan.

         

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.

         

          C.     Hours of operation shall be restricted to Monday through Friday 8:00 a.m. to 3:00 p.m.

 

6.       PARKING

A.      The permittee shall secure and keep in force at all times a binding agreement with the church to the North and/or the church to the East to allow patrons to park on those sites. Employee parking shall be restricted to the existing CDC offices to the Southwest of the site.

 

7.       WETLANDS

A.      There are no wetlands on the site.

 

8.       DRAINAGE AND UTILITIES

          A.      There are no plans to alter the drainage or utilities on the site.

 

9.       TRANSPORTATION

          A.      A transportation study shall not be required, however, a waiver shall be obtained from the MPO exempting the project based on the proposed use of the property and substantiation of minimum change in traffic impacts.          

                   

10.     LANDSCAPING AND BUFFER REQUIREMENTS

          A.      Additional landscaping shall not be required in order to preserve the residential character of the property.

 

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.     Structure on the site shall retain there residential character There are no plans to change any structures on the property

 

                    13.      DEVELOPMENT PHASING

                    A.      Implementation of the project shall substantially commence within 24 months of approval of this Planned Development. The use of the property for residential or non-profit 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 City 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 (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    

 

 

 

                 Alternate Key # 1796415

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                              EXHIBIT C