Item No: 5B.
Meeting Date: May
29, 2012
From: Bill
Wiley, AICP, Community Development Director
Subject: Ordinance
for rezoning for Lake Park Court, LLC./Pet Lodge & Spa, Inc. from City C-3
(Highway Commercial) to City SPUD
(Small Planned Unit Development)
Staff Recommendation:
The
Planning staff and the Planning Commission recommend approval of the proposed rezoning
for the subject property for the SPUD (Small Planned Unit Development).
Analysis:
The
project site is approximately 2.53 acres. The property is generally located on the north side of US Highway 441, located
adjacent to the Home Depot 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 a vacant commercial shell building. The surrounding zoning of
adjacent properties is City C-3 (Highway Commercial) and County RMRP (Mobile
Home Rental Park District). The existing Land Use designation for the subject
property is County LC Regional Commercial.
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 designations
The existing land uses surrounding the
property are a commercial and a rental mobile home park to the north.
The property uses City utilities.
By
a vote of 6 to 0 on April 19, 2012, 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:
There
will be a positive fiscal impact to the City through from development of this
property.
Submission Date and Time: 5/24/12 4:13 PM____
|
Department: Community
Development Prepared by: Bill Wiley, AICP Attachments: Yes__X_ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney
Review : Yes_X_ No ____
_________________________________ Revised |
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 2.53 ACRES FROM CITY
C-3 (HIGHWAY COMMERCIAL) TO A CITY SPUD
(SMALL PLANNED UNIT DEVELOPMENT) TO
ALLOW GENERAL COMMERCIAL USES INCLUDING A PET LODGE(KENNEL) AND SPA WITH ACCESSORY
USES FOR A PROPERTY LOCATED ON THE NORTH SIDE OF US HIGHWAY 441, LOCATED
ADJACENT TO THE HOME DEPOT AS
LEGALLY DESCRIBED IN SECTION 23, TOWNSHIP 19, RANGE 25, LAKE COUNTY, FLORIDA,
SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.
(Lake Park Court, LLC./Pet Lodge & Spa, Inc.)
BE IT ENACTED BY THE PEOPLE OF THE CITY
OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the
petition of Lake Park Court, LLC.,
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 rezoned from City
C-3 (Highway Commercial) to 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 , 2012.
THE CITY OF
LEESBURG
By:___________________________
Mayor
ATTEST:
___________________________________
City Clerk
CASE
#: RZ-12-38 EXHIBIT
A
PET
LODGE & SPA, INC.
REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
APRIL
19, 2012 Revised
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 Pet Lodge & Spa, Inc.,
"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 pet
lodge(kennel) and spa on an approximately 2.53 acre
site within the City of Leesburg in accordance with their Planned Development
application and supplemental information.
1. PERMISSION
Permission is hereby granted to Pet Lodge & Spa, Inc. 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 north side of US Highway
441, located adjacent to the Home Depot. 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 dated March 14, 2012.
2) Permitted
Uses shall be as follows:
a. Commercial uses including pet lodge (kennel) and spa, commercial indoor recreation, and associated uses.
3) Uses
prohibited shall be as follows:
a. gas station
or convenience stores
b. car wash
c. transient accommodations
d. vehicle
sales, service and repair
e. truck stops
f. heavy industrial
uses
Any other similar uses which are not considered office or 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 the current percent of the gross site area.
C. Open
Space
The current percent of the site in open
space shall not be reduced 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 US Highway 441.
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 for the dog walk area as shown on the
Conceptual Plan which shall be screened with a six foot chain link fence with
slats. Animals shall only be permitted in the dog walk area for short exercise
time periods with a staff member.
6. PARKING
A.
The permittee shall not reduce 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. Should
wetlands exist on the site, the following requirements shall apply for any future redevelopment. 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
8. DRAINAGE AND UTILITIES
A. Any future redevelopment of the property
may require the following. 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
9. TRANSPORTATION
A. Any future redevelopment of the property
may require 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
10. LANDSCAPING AND BUFFER REQUIREMENTS
A. Any future redevelopment of the subject
property may require landscaping and buffering in accordance with
regulations of the City of Leesburg Code of Ordinances.
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, as per attached Exhibit D.
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.
EXHIBIT
B
LEGAL
DESCRIPTION
THAT PART OF THE SOUTHEAST ¼ OF GOVERNMENT
LOT 1, SECTION 23, TOWNSHIP 19 SOUTH, RANGE 25 EAST,
COMMENCE AT THE NORTHEAST CORNER OF THE
SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 19 SOUTH, RANGE 25 EAST, THENCE RUN NORTH
89°9’30”
WEST ALONG THE NORTH LNE OF SAID SOUTHEAST ¼, 276.86 FEET; THENCE SOUTH 00°33’54” WEST,
PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ¼, 770.00 FEET; THENCE NORTH 89°29’30” WEST, 146.50
FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 1583, PAGE 0361, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA; THENCE NORTH 89°29’30” WEST ALONG
THE NORTH LINE OF SAID LANDS 119.31 FEET; THENCE LEAVING SAID NORTH LINE NORTH
00°26’50”
EAST 747.24 FEET; THENCE SOUTH 89°25’50” EAST 157.99
FEET; THENCE SOUTH 00°36’01” WEST 299.38 FEET; THENCE
SOUTH 08°18’15”
WEST 126.22 FEET; THENCE SOUTH 00°40’32” WEST 269.06
FEET; THENCE SOUTH 20°30’31” WEST 57.02 FEET TO THE POINT
OF BEGINNING. CONTAINING 2.53 ACRES MORE
OR LESS.
Alternate Key
#: 3808524
SITE PLAN EXHIBIT
C
REGULATION
NUISANCES EXHIBIT
D
