AGENDA MEMORANDUM
Meeting Date: April
10, 2006
From: Laura
McElhanon, AICP
Community
Development Director
Subject: Rezoning a 3.24 acre
development (West Point Commerce Center) from C-2 to CIP and subject to
conditions.
Staff Recommendation:
The Planning staff and Planning Commission
recommend approval of the proposed rezoning for the subject property from City C-2
(Community Commercial) to City CIP (Commercial Industrial Planned) subject to
the conditions contained in the attached Agreement (Exhibit A).
Analysis:
The
project site is approximately 3.24 acres.
The property is generally located at the northeast corner of
The proposed zoning district of City CIP
(Commercial/Industrial Planned) for property in this location is compatible
with adjacent and nearby property in the area
This CIP zoning is for commercial/industrial uses except as limited by
this CIP. Heavy industrial uses are prohibited. The proposed zoning district is
compatible with the current City future land use designation of I (Industrial).
The
existing land uses surrounding the property are the Leesburg Masonic Lodge, single
family residential and general
commercial.
The development is currently connected to City
utilities.
By
a vote of 7 to 0, the Planning Commission recommended approval.
Options:
1. Approve
the proposed rezoning to City CIP (Commercial/Industrial Planned), thereby
allowing consistent zoning and development standards for the area.
2. Such
alternative action as the Commission may deem appropriate.
Fiscal Impact:
There
is no fiscal impact to the City.
Submission
Date and Time: 4/24/2006 12:01 PM____
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Department: Community
Development Prepared by:
Bill Wiley, AICP
Attachments: Yes____ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review
: Yes___ No ____
_________________________________ Revised
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Reviewed by: Dept. Head ________ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager ___________________
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Account No. _________________ Project No.
___________________ WF No.
______________________ Budget ______________________ Available
_____________________ |
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY
OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 3.24 ACRES GENERALLY LOCATED AT
THE NORTHEAST CORNER OF RICHEY ROAD AND EAST RICHEY ROAD, LYING IN SECTION 28,
TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY C-2
(COMMUNITY COMMERCIAL) TO CITY CIP (COMMERCIAL INDUSTRIAL PLANNED), SUBJECT TO
CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF
Section 1.
Based upon the petition
of Martin Boyd, West Point Commerce
Center, and Mike Hanna, Matthews and Hanna Properties, the owners 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-2 (Community Commercial) to City CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A,
to-wit:
(See Exhibit B for
legal.)
Alternate Key Numbers
3834617, 3834618, 3834619 and 3834620
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
THE CITY OF
By:____________________________________
Mayor
ATTEST:
___________________________________
City Clerk
CASE #:033-1-030906 EXHIBIT
A
MARTIN BOYD/MATTHEWS PROPERTIES
REZONING
TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
PLANNED DEVELOPMENT [b1]CONDITIONS
These Planned Development Conditions for a CIP
(Commercial/Industrial Planned) district are granted
by the City of Leesburg Planning [b2]Commission, Lake County, Florida to Martin Boyd/Matthews
Properties (West
Point Commerce Center), "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 [b3]Process" of the City of Leesburg Code of
Ordinances, as amended.
BACKGROUND: The "Permittee" is desirous of
obtaining a CIP (Commercial/Industrial Planned) zoning district to permit industrial uses on approximately a 3.24 acre
site within the City of
1. PERMISSION
Permission is hereby granted to
2. LEGAL
DESCRIPTION
See attached legal Exhibit B
3. [b4]LAND USES
The above
described property shall be used for CIP
(Commercial/Industrial Planned) uses as limited, pursuant to City of
A. The commercial uses shall be
restricted to those uses approved specifically in the CIP conditions for the site.
1) Commercial/industrial uses shall be those listed for the CIP uses as a
permitted use (See
attached) in the Code of Ordinances except as limited by this CIP and shall occupy
the approximate area as shown on the Construction Plans dated January 2004.
2) Permitted Light Industrial Uses shall be
as follows:
a. Light Industrial Service
b. Warehouse and Freight Movement except
Stockpiling
c. Wholesale Trade
3) Uses prohibited shall be as follows:
a. Heavy industrial uses.
b. Any
other industrial uses of similar intensity which may adversely impact the adjoining parcels due to traffic, noise,
dust, etc.
B. [b5]Area
The [b6]Impervious surface coverage for
the entire Planned Development 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 site shall be from
5. DEVELOPMENT
STANDARDS
A. The minimum development standards shall be those required for
the CIP district except as amended by these conditions.
6. PARKING
A.
The permittee shall construct off-street parking
spaces within the development per City of
7. WETLANDS
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
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
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 transportation improvements shall be
contingent upon site plan approval by City of
10. LANDSCAPING AND
BUFFER REQUIREMENTS
A. All
landscaping and buffering shall be in accordance with regulations contained
within the City of
11. MAINTENANCE
A. With the exception of public
utilities, maintenance of all site improvements, including but not limited to
drives, sidewalks, landscaping and drainage shall be the responsibility of the
developer.
12. MISCELLANEOUS CONDITIONS
A. Subject to the conditions of CUP
Conditional Use Permit Case No. 049-2-062404 (See attached).
CITY OF
STAFF SUMMARY
DATE:
TO: PLANNING
COMMISSIONERS
OWNER:
REQUEST: REZONING
FROM C-2 (COMMUNITY COMMERCIAL) TO CIP (COMMERCIAL INDUSTRIAL
PLANNED)
CASE NO.:033-1-030906
SEC. 28, TWP. 19S, RGE. 24E
GENERAL LOCATION: NORTHEAST
CORNER OF
EXISTING ZONING: C-2
(COMMUNITY COMMERCIAL)
SURROUNDING ZONING: NORTH
- C-3 (HIGHWAY COMMERCIAL)
SOUTH - COUNTY R-6 (URBAN RESIDENTIAL)
EAST - COUNTY R-6 (URBAN RESIDENTIAL)
WEST - C-3 (HIGHWAY COMMERCIAL)
EXISTING LAND USE: OFFICE/WAREHOUSE
BUILDINGS
SURROUNDING LAND USE: NORTH
- LEESBURG MASONIC LODGE
SOUTH - SINGLE
FAMILY RESIDENTIAL
EAST - SINGLE
FAMILY RESIDENTIAL
WEST - GENERAL
COMMERCIAL
CITY OF
DEPARTMENTAL REVIEW SUMMARY
DATE:
OWNER:
REQUEST: REZONING
CASE NO.: 033-1-030906
THE
FOLLOWING COMMENTS WERE RECEIVED FROM EACH DEPARTMENT:
POLICE
None
FIRE
Fire Department has no objections.
ELECTRIC
Electric Approves rezoning request.
WATER DISTRIBUTION
None
WATER BACKFLOW
Approved; no comments.
STORMWATER
None
WASTEWATER
No issues.
GAS
Approved
BUILDING
Building must comply with building code for proposed
use. Check with Building Dept. before
issuing occupation license.
SURVEY
None
ADDRESSING
None
ECONOMIC DEVELOPMENT
None Received
PUBLIC WORKS
None Received
PUBLIC RESPONSES
None Received
CITY OF
RECOMMENDATIONS
APPLICANT:
REQUEST: REZONING
TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
CASE NO.: 033-1-030906
MEETING DATE:
THE PLANNING
& ZONING DIVISION RECOMMENDS:
APPROVAL of
the request
for the
following reason(s):
1. The
proposed zoning district of CIP (Commercial/Industrial Planned) is compatible with adjacent City C-3 (Highway
Commercial) to the north and west, and County R-6 (Urban Residential) to the
east and south and does not appear to be detrimental to surrounding properties.
2. The
proposed zoning district CIP (Commercial/Industrial Planned) is
compatible with the existing City future land use designation of I
(Industrial).
3. The rezoning
of the subject properties is consistent with the City’s Growth Management Plan,
Future Land Use Element, Goal I, [b7]and Objective 1.6.
SUBJECT to
the following comments:
1.
Development of
the properties shall be subject to all applicable City requirements, including,
but not limited to site plan and building plan review processes and the
assessment of impact fees.
2.
Development of
the parcels shall require connection to City utilities at the owner’s expense.
3.
Property owners
shall provide utility easements as required by all utility providers.
4.
Vehicular access
to the site shall be coordinated with the City as required by code. The access
to property will be reviewed by staff during site plan review process.
5.
Staff recommends
approval of the proposed rezoning subject to the CIP (Commercial/Industrial
Planned) Planned Development [b8]conditions attached hereto as Exhibit A and the
Construction Plans dated January 2004.
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
CITY COMMISSION CHAMBERS, CITY HALL
The Planning Commission of the City of
Marc Micham, Chairperson
Agnes Berry
Larry Taylor
Roland Stults
Chryle Lowery
Jo Ann Heim
Edward Schlein
Commissioner Clell Coleman was absent. City staff present included, Senior Planner
The meeting opened with an invocation given by
Commissioner Larry Taylor and the Pledge of Allegiance to the Flag.
MINUTES
OF PLANNING & ZONING COMMISSION MEETING –
Commissioner
Jo Ann Heim moved to APPROVE the minutes as transcribed. Commissioner Chryle Lowery seconded the
motion, which PASSED by a unanimous voice vote of 7 to 0.
Mr. Wiley informed the audience of the rules of
participation and the need to sign the speaker’s registry.
Debra Galloway, Administrative Assistant II swore in
staff,
OLD BUSINESS:
Marc Micham, Chairman read into the record the cases
to continue until
Commissioner
Edward Schlein made a motion to APPROVE the continuances. Commissioner Roland Stults SECONDED the
motion, which PASSED by a unanimous voice vote of 7 to 0.
1. PUBLIC
HEARING CASE #033-1-030906 –
REQUEST FOR A RECOMMENDATION TO THE CITY COMMISSION
FOR REZONING PROPERTY FROM C-2 (COMMUNITY COMMERCIAL) TO CIP (COMMERCIAL
INDUSTRIAL PLANNED), FOR PROPERTY GENERALLY LOCATED NORTHEAST CORNER OF RICHEY
ROAD AND EAST RICHEY ROAD, AS LEGALLY DESCRIBED. SEC. 28, TWP. 19S, RGE. 24E.
Mr. Wiley presented staff's case in support to the
request. He presented Exhibit A, which
included the application, general location map, staff summary, departmental
review summary, staff recommendations, warranty deed, legal description, aerial
photos, surrounding land use maps and property photos. He reviewed and
summarized the staff summary, departmental review summary, noted any public
responses or comments received, and staff recommendations of approval for the
request.
The applicant was present without comments.
Commissioner
Larry Taylor made a motion to APPROVE case #033-1-030906 –