AGENDA MEMORANDUM

 

 

MEETING DATE:   May 9, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Thomas Avenue, LLC from City CIP (Commercial/Industrial Planned) to City SPUD (Small Planned Unit Development)

 

PROJECT:                 To allow for additional commercial/light industrial and other uses (ex. Church)

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City CIP (Commercial/Industrial Planned) to SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately 2.63 acres.  The property is generally located on the east side of Thomas Ave south of Harlem Ave as shown on the attached General Location Map. The present zoning for this property is City CIP (Commercial/Industrial Planned). Currently, the property is a building trades and contractors business (plumbing) with contractor storage of equipment and materials. The proposed use is to continue the existing use and add light industrial and commercial uses including such uses as places of worship. The surrounding zoning of adjacent properties is City R-2 (Medium Density Residential) on the north and east, City M-1 (Industrial) on the west, and City M-1 (Industrial) and R-2 (Medium Density Residential) on the south. The existing 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.

 

The existing land uses surrounding the property are a vacant church property, multi-family residential, commercial/industrial uses, single family residential, and undeveloped.

 

The property currently has City utilities.

 

By a vote of 6 to 1 on April 21, 2011, the Planning Commission voted to recommend approval with changes to the staff recommendation regarding the painting of the required decorative wall to require painting only on the residential side of a light beige tone color to match ground sign and building garage doors. In addition, the commission also removed the requirement for decorative wall caps. These changes were made based primarily on the cost to the owner in addition to the $90,000 that had already been spent on the wall (See changes Page 6).

 

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 will occur with the further development of this property. 

 

Submission Date and Time:    5/6/11 3:38 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 2.63 ACRES GENERALLY LOCATED ON THE EAST SIDE OF THOMAS AVE., SOUTH OF HARLEM AVE, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY CIP (COMMERCIAL/INDUSTRIAL PLANNED) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Thomas Avenue, LLC)

 

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

 

Section 1. 

 

Based upon the petition of Thomas Avenue, LLC, the petitioners 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 CIP (Commercial/Industrial Planned) to SPUD (Small Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:

(Legal Description)

See  Exhibit B 

 

Alternate Key Number: 1773105

 

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 #:019-1-042111                                                                                               EXHIBIT A

 

                                                                       

                                                         THOMAS AVENUE, LLC

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                     April 21, 2011

 

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 Thomas Avenue, 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 SPUD (Small Planned Unit Development) zoning dis­trict to permit industrial and commercial uses on an approxi­mately a 2.63 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.        PERMISSION

          Permission is hereby granted to Thomas Avenue, LLC 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 east side of Thomas Ave., south of Harlem 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 in this document and shall          occupy the approximate area as shown on the Conceptual Plan Exhibit D dated November 5, 2007.

                    2)       Permitted Uses shall be as follows:

a.               Commercial and light industrial uses in enclosed buildings only.

b.              Building trades and contractors business.

                              c.       Contractor storage of equipment and materials on site                                                                 d.       Contractor fabrication or           similar work on-site

                              e.       General office uses

f.        Places of worship

                              g.       Educational facilities for business, driving, vocational, trade and other commercial schools

                              h.       Government facilities

                              i.        Security guard residence, upper story residential

                              j.        Accessory uses i.e. parking, retention and open space.    

                    3) Uses prohibited shall be as follows:

                              a.       primary residential

                              b        medical patient facilities

                              c.       group homes

                              d.       crematoriums

                              e.      gas station or convenience stores

                              f.       car wash

                              g.      restaurants

                              h.      transient accommodations

                              i.        truck stops

          j.        heavy industrial uses

          k.       stockpiling

          l.        all waste related services

          m.      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.

                   

          B.       Area  

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 Thomas Ave.

 

5.       DEVELOPMENT STANDARDS

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

         

B.           All operations shall be carried on entirely within an enclosed structure, except as permitted under Section 25-289(b),(f), City of Leesburg Code of Ordinances, as amended.

 

6.       PARKING

A.             The permittee shall construct off-street parking spaces within the development 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.      Any wetlands existing on the site, have meet 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.      A Drainage Plan and Utility Implementation Plan has been completed for the site which meets the following conditions. 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;

                     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.     An eight foot high painted (on the residential side a light beige tone color to match ground sign) solid decorative wall with decorative posts (See attached Exhibit C) and decorative wall caps shall be completed along the eastern boundary of 40.25 feet (lying in a north/south direction), the northeastern boundary of 198.00 feet (lying in an east/west direction) and the far eastern 179.83 foot boundary of the property. Existing pipes on top of wall will be cut off flush with top of wall. This will provide a complete visual buffer from the adjacent properties that are zoned under residential categories.

 

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.      OPERATIONAL REQUIREMENTS

A.     The applicant shall be subject to Section 12-19 Regulation of Public Nuisances of the City of Leesburg Code of Ordinances.                           

 

 

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 (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 #:  1773105

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EIGHT FOOT HIGH SOLID DECORATIVE WALL                                       EXHIBIT C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SITE PLAN                                                                                                               EXHIBIT D