AGENDA MEMORANDUM

 

 

MEETING DATE:   September 12, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance for rezoning for Mehernosh Oil, Inc. from City R-3 (High Density Residential) to City SPUD (Small Planned Unit Development)

 

PROJECT:                 To allow for a meat market/convenience store

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property from City R-3 (High Density Residential) to SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately one acre.  The property is generally located on the southwest corner of South Street and Holiday Lane as shown on the attached General Location Map. The present zoning for this property is City R-3 (High Density Residential). Currently, the property is a vacant convenience store. The proposed use is to continue the existing convenience store use and add a meat market. The surrounding zoning of adjacent properties is City R-3 (High Density Residential) and City C-2 (Community Commercial) on the north, City R-3 (High Density Residential) on the south and west, and City M-1 (Industrial) and R-2 (Medium Density Residential) on the east. 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.

 

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

 

The property currently has City water and septic tank.

 

By a vote of 4 to 0 on August 18, 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 will occur with the redevelopment of this property. 

 

Submission Date and Time:    9/8/11 7:34 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 ONE ACRE GENERALLY LOCATED ON THE SOUTHWEST CORNER OF SOUTH STREET AND HOLIDAY LANE, LYING IN SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Mehernosh Oil, Inc.)

 

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

 

Section 1

 

Based upon the petition of Mehernosh Oil, Inc., 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 R-3 (High Density Residential) 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: 2664461

 

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 #: 044-1-081811                                                                                               EXHIBIT A

                                                                       

                                             MEHERNOSH OIL, INC. PROPERTY

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                   August 18, 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 Mehernosh Oil, Inc. (Mehernosh Noble) "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 retail sales on an approxi­mately one (1) acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.        PERMISSION

          Permission is hereby granted to Mehernosh Oil, Inc. (Mehernosh Noble) 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 southwest corner of South Street and Holiday Lane.  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 C.

           

                    2)       Permitted Uses shall be as follows:

                              a.      Commercial uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as a permitted use including retail sales uses for the approximate area as shown on the Conceptual Plan.

 

                    3)       Uses prohibited shall be as follows:

                              a.      All uses not permitted by the SPUD (Small Planned Unit Development)

                              b.      vehicle sales, service and repairs

                              c.      recreational uses - indoor and outdoor

                              d.      crematoriums and funeral parlors

                              e.      bars and lounges

                              f.       clubs and lodges

                              g.      package stores

                              h.      educational facilities

                              i.       transient accommodations

                               

          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 along South Street (State Road 44) with and accessory limited access on Holiday Lane.  With respect to the existing access points, approval shall be subject to the City of Leesburg 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 including the Conceptual Plan.

         

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.          Display areas for merchandise for sale may include outdoor areas that do not encroach in to the required setback areas.

 

D.         Outdoor storage areas shall be completely screened from adjacent properties and streets. 

 

E.          Areas of property not occupied by structures, displays or paving shall be landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.

 

F.    The applicant shall remove the nonconforming pole sign and construct a new monument sign for the site in conformance with the City’s sign code.

 

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.      Wetlands do not appear to exist on the site. However, 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.

 

9.       TRANSPORTATION

          A.      Development of the property should not require a traffic study since the site is currently developed and the proposed additional use has limited traffic impacts. A transportation study waiver may be requested from the MPO exempting the project based on the previous use of the property and substantiation of minimum change in traffic impacts.

         

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.

               f.    In addition, six (6) foot high decorative PVC fence with landscaping shall be installed along the southern property boundary adjacent to residential district. Said fence shall have decorative posts and caps as an architectural design element (See Conceptual Fence with and Landscape Details Exhibit D).

 

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.      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, sign (wall, pole or monument signs) 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.

 

13.     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 # 2664461

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL SITE PLAN                                                                                 EXHIBIT C

 

 

 

 

CONCEPTUAL FENCE WITH AND LANDSCAPE DETAILS                     EXHIBIT D