Item No:                    5C.


Meeting Date:           March 11May 28, 20133


From:                          Bill Wiley, AICP, Community Development Director


Subject:                      Ordinance rezoning approximately one acre on the east side of 14th Street, west of Sunshine Avenue, approximately 0.1 miles south of Citizens Boulevard, from City C-2 to City SPUD (Value Auto Mart, LLC)



Staff Recommendation: 

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 one acre. The property is generally located on the east side of 14th Street, west of Sunshine Avenue, approximately 0.1 miles south of Citizens Boulevard, as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial). Currently, the property has two vacant commercial buildings. The surrounding zoning of adjacent properties is City C-2 (Community Commercial) to the north, south and west, and City R-2 (Medium Density Residential) to the west. The existing Land Use designation for the subject property is City General 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 applicant has agreed to a change in the wording of Section 10.  Landscaping and Buffer Requirements of the SPUD to ensure that landscaping is completed.


The existing land uses surrounding the property are commercial uses and the Catholic Church to the east. Currently, the property is served by City utilities.


By a vote of 4 to 0 on April 19, 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.



Fiscal Impact:

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


Submission Date and Time:    5/23/13 2:00 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 _____________________













Section 1


Based upon the petition of Value Auto Mart, 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 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


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                                          , 2013.





By: ____________________________

                                                                                              Mayor David Knowles







       Betty Richardson, City Clerk



CASE #: RZ-13-47                                                                                       EXHIBIT A



                                 JOSEPH H. NOLETTE/VALUE AUTO MART, LLC


                                       PLANNED DEVELOPMENT CONDITIONS

                                                                     April 19, 2013


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 Joseph H. Nolette/Value Auto Mart, LLC, "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 an automobile sales and service center uses on an approxi­mately a one acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.


1.        PERMISSION

          Permission is hereby granted to Joseph H. Nolette/Value Auto Mart, LLC 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 east side of 14th Street, west of Sunshine Avenue, approximately 0.1 miles south of Citizens Boulevard. The property is more particularly described as shown in the attached legal description below.



          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 April 2013.


                    2)       Permitted Uses shall be as follows:

                              a.       C-3 Highway Commercial uses including automobile sales and service center uses and associated uses.


                    3)       Uses prohibited shall be as follows:

                          a.       All other uses not specifically approved as Permitted Uses by (2) above.

          u.       Any other similar uses 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 from the adjacent 14th Street (US 27) and Sunshine Avenue.



          A.      The minimum development standards shall be those required for the C-3 and SPUD districts except as amended by these conditions including the Conceptual Site Plan Exhibit C.


B.           All operations shall comply with Section 25-292. - Supplemental district requirements (q) Vehicle services City of Leesburg Code of Ordinances, as amended (See Exhibit D).


C.           Outdoor storage/display of vehicles shall not occupy any required customer parking, buffer or retention areas.


D.          Storage of wrecked or inoperable vehicles shall not be permitted on site.


E.          The existing pole sign shall be brought in to compliance through installation of a new monument sign or removal of the existing pole sign.  The property is eligible to apply for sign grant assistance through the U.S.27/441 Community Redevelopment Area Sign Grant Program. If a sign grant is applied for within 14 days of approval of this SPUD, the applicant shall have six (6) months to erect the required monument sign and may continue to use the existing pole sign until the new sign is approved.


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.      If applicable, 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).



          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 storm water 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.      Future redevelopment of the property shall require a traffic study unless a transportation study waiver is granted from the Lake-Sumter MPO exempting the project based on the use of the property and substantiation of minimum change in traffic impacts.


          B.      Future redevelopment of the property may require transportation improvements including but not limited to signalization, signage or turn lanes which 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 Leesburg, Lake County, and/or the Florida Department of Transportation as applicable.



          A.      Any required landscaping and buffering, if applicable, shall be in accordance with regulations contained within the City of Leesburg Code of Ordinances.


          B.       Upon adoption by the City of a Corridor Street Scape/Façade Incentive Grant Program with funding, the permittee shall submit an application for the property to address a five (5) foot landscaping area along US 27 frontage and the north front of the Office/Sales Building. Should the grant not be funded, the applicant has agreed to complete the required landscaping.


          C.       Landscaping shall be required at the northern corner of the intersection of US 27 and Sunshine Avenue and around the new monument sign as required by code.


          D.    The existing chain link fencing between the Office/Sales and Service Buildings shall have slats installed to visually buffer vehicle from the streets and adjacent properties.


          E.      Variations to the landscape and buffer 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 Code are maintained.



                   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. 



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 E. 



           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.



LEGAL DESCRIPTION                                                                           EXHIBIT B

Alternate Key #:  1773474






























CONCEPTUAL SITE PLAN                                                                       EXHIBIT C      

SECTION 25-292-SUPPLEMENTAL DISTRICT REQUIREMENTS  EXHIBIT D                                                        


(q) Vehicle services.

          (1) Limited.

                    a. General requirements.

     1.  All installation, sales and services must be conducted within a completely enclosed building, except as described in subsection (c) below.

2.  All service bay doors must not open onto property in a residential district or other existing, conforming residential use.

3. All uses must comply with the requirements of article V for buffering incompatible uses.

                    b. Services and repairs conducted outside of an enclosed building. Services and repairs may be conducted outside of an enclosed building only on property in a C-3 highway commercial and a M-1 industrial district and with the following conditions:

1.  The unenclosed work space must be over one hundred (100) feet from any land designated for residential use, or developed for residential use on property designated for mixed use or office on the future land use map. Any unenclosed work space shall be separated from an abutting residential use by a continuous nonresidential building, solid masonry wall, or berm that eliminates the noise of the work space. If the work space is within two hundred (200) feet of land designated for residential use or developed for residential use, staff or the appropriate reviewing board may require the applicant to submit a report addressing noise attenuation and ambient noise levels in order to make a finding as to the adequacy of proposed attenuation measures. The report shall be prepared by a licensed engineer or architect competent in acoustics. The distance and attenuation requirements may be reduced by the appropriate reviewing board if a study of the ambient noise level indicates that continuous and impulse noise generated by the proposed use will be masked by the ambient noise level.

2.  Any unenclosed work space must, at a minimum, be screened by a screen wall from direct view from any land designated for residential use on the future land use map that is within two hundred (200) feet of the property line. The wall shall be eight (8) feet in height. The screen wall shall be of solid construction, maintained in good repair at all times and shall not obstruct the vision triangle. At a minimum, each limited automotive service establishment shall provide completely enclosed space for office activity and restrooms in accordance with the building code and each unenclosed work space shall have a paved surface, maintained in good condition for the protection of groundwater.

3.  All proposed unenclosed work spaces shall be reviewed in accordance with the LDC and shall be physically delineated on the site. The development plan shall indicate the dimensions of the unenclosed work space and shall meet all other requirements of LDC. Unenclosed work spaces shall not eliminate required landscaping, parking, vehicle circulation area or stormwater management facilities, except as can be relocated elsewhere on the site in accordance with a development plan amendment. The number and width of existing driveways shall be reviewed. The addition of unenclosed work spaces may require existing driveways to be closed or narrowed to assure safe, efficient on-site circulation and to meet the objectives of access management, per the LDC.

                        4.  All lifts, tools or repair facilities must be located in the principal structure or completely within the designated unenclosed workspace and may not exceed eight (8) feet in height.

                        5.  Only low impact air guns may be used in an unenclosed work area located within two hundred (200) feet of any land designated for residential use on the future land use map.

6.  Prohibited lights. Lights shall not be mounted on the top or sides of the canopy when not part of a permitted sign and the sides (fascias) of the canopy shall not be illuminated, unless the illumination is part of a permitted sign.

(2)     Major.

                    a. Vehicle body repair shall take place within a completely enclosed structure.

b. All vehicle-dismantling activities shall be completely screened from adjacent properties.

c. All material stored on the premises shall be removed periodically, but not less than bimonthly.

                    d. All vehicle painting shall take place in an approved paint spray booth.

          (3)      Vehicle service station (no repairs).

a. No structure, whether above or below ground, shall be permitted in any required front, or side yard area.

b. Canopy structures are permitted to overhang the required yard areas, but may not be closer than twenty (20) feet to the road right-of-way and shall be placed in the rear when located in design overlay district.

c. Service station walls shall be of masonry construction where they are within fifty (50) feet of a property line.

d. All hoists, pits and all lubricating, greasing, automobile washing and repair equipment shall be entirely within an enclosed building. Three (3) enclosed sides with an open bay is permitted where the bay opening is not visible from the right-of-way.

e. No derelict, damaged or unlicensed vehicles shall be stored on the premises for more than one (1) month. Vehicles waiting repair shall be kept behind a fence at least six (6) feet high, obscuring their view from adjacent properties and roads.

f. The design and arrangement of the station shall be compatible with the surrounding residential development, if applicable.

          (4)      RV service center. This subsection shall not apply to recreational vehicle spaces, not more than fifteen (15) in number, provided by a bona fide recreational vehicle service center, on the same parcel where the service center is located, as authorized under a conditional use permit, where no rent or other direct remuneration is received by the owner or operator of the service center for the use of the spaces, occupancy of the spaces is limited to customers of the service center delivering their recreational vehicles for service, and occupancy by any individual recreational vehicle on any space is limited to no more than one (1) seventy-two-hour period in any calendar month. The planning commission may prescribe such additional conditions and restrictions in any conditional use permit authorizing such use of recreational vehicle spaces as it deems necessary and proper for the protection of the public health and safety, the general welfare, and the rights and quiet enjoyment of surrounding property owners.






REGULATION NUISANCES                                                                    EXHIBIT E