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).
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 a 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).
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.
A positive fiscal impact is will occur with 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 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:
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:
See Exhibit B
Alternate Key Number: 1773105
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 #: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.
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.
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
e. gas station or convenience stores
f. car wash
h. transient accommodations
i. truck stops
j. heavy industrial uses
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.
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.
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.
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.
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.
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.
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.
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