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).
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.
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.
There is no fiscal impact to the City.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
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 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
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
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
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
Permission is hereby granted to
2. LEGAL DESCRIPTION
See attached legal Exhibit B
3. [b4]LAND USES
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.
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.
The permittee shall construct off-street parking
spaces within the development per City of
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
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
A. Any transportation improvements shall be
contingent upon site plan approval by City of
10. LANDSCAPING AND BUFFER REQUIREMENTS
landscaping and buffering shall be in accordance with regulations contained
within the City of
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).
TO: PLANNING COMMISSIONERS
REQUEST: REZONING FROM C-2 (COMMUNITY COMMERCIAL) TO CIP (COMMERCIAL INDUSTRIAL
SEC. 28, TWP. 19S, RGE. 24E
GENERAL LOCATION: NORTHEAST
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
DEPARTMENTAL REVIEW SUMMARY
CASE NO.: 033-1-030906
THE FOLLOWING COMMENTS WERE RECEIVED FROM EACH DEPARTMENT:
Fire Department has no objections.
Electric Approves rezoning request.
Approved; no comments.
Building must comply with building code for proposed use. Check with Building Dept. before issuing occupation license.
REQUEST: REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
CASE NO.: 033-1-030906
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
Jo Ann Heim
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.
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
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.
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.
Larry Taylor made a motion to APPROVE case #033-1-030906 –