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)
The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property for the SPUD (Small Planned Unit Development).
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.
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.
There will be a positive fiscal impact to the City through from 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 2.53 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:
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:
See attached Legal Description Exhibit B
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
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.
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.
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.
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.
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.
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
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
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.
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.
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.
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