AGENDA MEMORANDUM

 

 

MEETING DATE:   December 12, 2011

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance amending the SPUD rezoning for Suntrust Bank for City SPUD (Small Planned Unit Development)

 

PROJECT:                 To allow for general commercial uses including a bank with accessory uses

 

 

Staff Recommendation: 

The Planning staff and the Planning Commission recommend approval of the proposed amended zoning for the subject property for the SPUD (Small Planned Unit Development).

 

Analysis:

The project site is approximately 4.5 acres. The property is generally located on the southwest corner of W. North Boulevard (US 441) and Citizens Boulevard as shown on the attached General Location Map. The present zoning for this property is City SPUD (Small Planned Unit Development). Currently, the property is used as a vacant office building and undeveloped land. The surrounding zoning of adjacent properties is City C-3 (Highway Commercial) and City C-2 (Community Commercial). The existing Land Use designation for the subject property is City General Commercial.

 

The proposed amended 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 designations

 

The existing land uses surrounding the property are a professional office complex, commercial,

undeveloped and a hotel.

 

The property uses City utilities.

 

By a vote of 7 to 0 on November 17, 2011, the Planning Commission voted to recommend approval.

 

 

 

 


 

Options:        

1.         Approve the proposed amended 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:

There will be a positive fiscal impact to the City through the future development of this property.

 

Submission Date and Time:    1/5/12 1:47 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, AMENDING THE ZONING OF APPROXIMATELY 4.5 ACRES FOR A CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) TO ALLOW GENERAL COMMERCIAL USES INCLUDING A BANK WITH ACCESSORY USES FOR A PROPERTY LOCATED ON THE SOUTHWEST CORNER OF W. NORTH BOULEVARD (US 441) AND CITIZENS BOULEVARD AS LEGALLY DESCRIBED IN SECTION 23, TOWNSHIP 19, RANGE 24, LAKE COUNTY, FLORIDA, SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

 

Based upon the petition of Suntrust Bank, the owner 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 amends the zoning for the City SPUD (Small Planned Unit Development), zoning district subject to conditions contained in Exhibit A to-wit:

 

LEGAL DESCRIPTION

See attached Legal Description Exhibit B

 

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 #:053-1-111711                                                                                                 EXHIBIT A

                                                                       

                                                SUNTRUST BANK OF LEESBURG

REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)

                                       PLANNED DEVELOPMENT CONDITIONS

                                                                November 17, 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 Suntrust Bank of Leesburg "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 a general commercial uses including a bank with accessory uses on an approxi­mately 4.5 acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.        PERMISSION

          Permission is hereby granted to Suntrust Bank of Leesburg 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 W. North Boulevard (US 441) and Citizens Boulevard.  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 a bank with accessory uses for the approximate area as shown on the Conceptual Plan.

                                                 

                    3)       Uses prohibited shall be as follows:

                              a.      primary residential

                              b       group homes

                              c.      places of worship

                              d.      crematoriums

                              e.      educational facilities

                              f.       car wash - except as part of a convenience store with gas (fuel pumps)

                              g.      major vehicle repairs and sales – except in association with a nationally  recognized dealership

                              h.      recreational uses - outdoor

                              i.       crematoriums and funeral parlors

                              j.       bars and lounges - except as part of a restaurant

                              k.      clubs and lodges

                              l.       internet sweepstake café                 

                              m.     transient accommodations

                              n.      truck stops

          o.      animal hospitals and kennels

          p.      Any other similar uses which are not considered retail, office and commercial 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 along W. North Boulevard (US 441) and Citizens Boulevard. Approval of access points 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.          Areas of property not occupied by structures, or paving shall be landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.

 

C.    The applicant shall remove any 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.      Any transportation improvements or right-of-way that may be required shall be based on projected needs and shall be contingent upon site plan approval by City staff during the development review and permitting process.

           B.      The Permittee shall provide all necessary improvements/signalization within and adjacent to the development as required by FDOT, Lake County, the MPO and City of Leesburg.

           C.      All roads within the development shall be designed and constructed to meet the City of Leesburg requirements.

           D.      The Permittee shall be responsible for obtaining all necessary FDOT, Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to site plan approval.

           E.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements.  The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.

          

           F.      A traffic/transportation study shall be submitted prior to site plan approval for review and determination of any necessary access improvements, including any off site improvements required by FDOT, Lake County, the MPO or the City of Leesburg. Said improvements will be the responsibility of the Permittee.         

 

10.      LANDSCAPING AND BUFFER REQUIREMENTS

          A.      All landscaping and buffering shall be in accordance with the Conceptual Plan and 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 (See code for palm tree usage)

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.       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 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 Keys #1204330

 

CONCEPTUAL SITE PLAN                                                                                 EXHIBIT C