Item No: 5C.
Meeting Date: March 11, 2013
From: Bill Wiley, AICP, Community Development Director
Subject: Ordinance rezoning approximately 5.68 acres on the east side of Executive Boulevard, approximately 0.2 miles south of CR44, from City R-3 (High Density Residential) to City SPUD (Small Planned Unit Development (Good News Church of Leesburg)
The Planning staff and the Planning Commission recommend approval of the proposed rezoning for the subject property to the SPUD (Small Planned Unit Development).
The project site is approximately 5.68 acres. The property is generally located on the east side of Executive Boulevard approximately 0.2 miles south of CR44, 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 developed as the Boys and Girls Club building . The surrounding zoning of adjacent properties is City M-1 Industrial to the north, east and west, and City R-3 (High Density Residential) to 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 and with the existing future land use designations
The existing land uses surrounding the property is an Industrial Park with some undeveloped sites. Currently, the property is served by City utilities.
By a vote of 5 to 0 on February 21, 2013, 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 the future 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 COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE ZONING OF APPROXIMATELY 5.68 ACRES FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) TO A CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) TO ALLOW WORSHIP CENTER WITH ACCESSORY USES FOR A PROPERTY LOCATED ON THE EAST SIDE OF EXECUTIVE BOULEVARD, APPROXIMATELY 0.2 MILES SOUTH OF CR44, AS LEGALLY DESCRIBED IN SECTION 29, TOWNSHIP 19, RANGE 24, LAKE COUNTY, FLORIDA, SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (Good News Church of Leesburg)
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of News Church of Central Florida, Inc., 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:
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 , 2013.
THE CITY OF
Mayor David Knowles
Betty Richardson, City Clerk
CASE #: SPUD-13-14 EXHIBIT A
GOOD NEWS CHURCH OF LEESBURG
SMALL PLANNED UNIT DEVELOPMENT CONDITIONS
February 21, 2013
This Planned Unit Development Conditions for a SPUD (Small Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Good News Church of Central Florida, 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 Unit Development " of the City of Leesburg Land Development Code, as amended.
BACKGROUND: The "Permittee" is desirous of obtaining a Small Planned Unit Development (SPUD) zoning district for a worship center development on approximately 5.68 acres generally located on the east side of Executive Boulevard, approximately 0.2 miles south of CR 44 on a site within the City of Leesburg in accordance with their SPUD application and supplemental information.
1. PERMISSION is hereby granted to Good News Church of Central Florida, Inc. to construct, operate, and maintain a Planned Unit Development in and on real property in the City of Leesburg. The property is generally located on the east side of Executive Boulevard, approximately 0.2 miles south of CR 44. The property is more particularly described as follows:
2. LEGAL DESCRIPTION
See attached legal Exhibit B
3. LAND USES
The above-described property, containing approximately 5.68 acres, shall be used for SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards for particular uses.
A. Permitted Uses
Uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as permitted uses for a worship center including accessory uses for the approximate area as shown on the Conceptual Plan and as listed herein.
1) Worship Center and Accessory Uses
Uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as permitted uses for a worship center and uses associated therewith; private preschool/school facilities with associated uses, children's day care, classrooms, dining facilities, thrift store, recreation, festivals, and such other uses reasonably ancillary to the church use for the approximate area as shown on the Conceptual Plan.
B. Uses Prohibited shall be as follows:
1) All uses not permitted by the SPUD (Small Planned Unit Development)
2) Commercial uses not accessory to the primary worship center use
3) Public school uses
The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.
D. Open Space
A minimum of twenty (20) percent of the site shall be developed as open space, including retention areas, buffer, passive recreation areas 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 will be from Executive Boulevard. Any additional access shall be subject to the City of Leesburg SPUD amendment and 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 and may limit the permitted uses based on site plan requirements.
B. A wildlife/archaeological management plan for future development of the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The management plan shall be submitted to the City as part of the preliminary plan application. The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan.
A. The permittee shall have off-street parking spaces within the property per the conceptual site plan pursuant to the City of Leesburg Code of Ordinances, which shall include the required number of handicapped parking spaces. The location and design of the proposed parking area will be reviewed during the site plan review process to provide for alternatives parking areas.
A. 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 for future development of the project site, 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. All future transportation improvements shall be based on a current traffic analysis and shall be contingent upon Site Plan approval for future development of the project site by City staff during the development review and permitting process.
B. The Permittee shall provide all necessary improvements/signalization adjacent to the development for future development of the project site as required by Lake County, the MPO and the City of Leesburg.
C. The Permittee shall be responsible for obtaining all necessary Lake County and City of Leesburg permits for future development of the project site and a copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.
D. A traffic/transportation study shall be submitted for future development of the project site prior to site plan approval for review and determination of any necessary access improvements, including any off site improvements required by 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 regulations contained within the City of Leesburg Code of Ordinances.
B. Variations to the landscape requirements of the code may be approved by the Community Development Director as long as the intent of the SPUD and the Landscaping Code are maintained.
A. With the exception of public utilities, 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, 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 aware of the conditions pertaining to the Small 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 (site plan and 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 # 2908874
CONCEPTUAL SITE PLAN EXHIBIT C