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 Richey Road and East Richey Road, as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial). Currently, the property is used as office/warehouse buildings and the proposed use is to add light industrial services to the office/warehouse use. The surrounding zoning designations are City C-3 (Highway Commercial) to the north and west, and County R-6 (Urban Residential) to the east and south.

 

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____

 

Department: Community Development

Prepared by:  Bill Wiley, AICP                      

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

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 LEESBURG, FLORIDA, that:

 

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 Leesburg, Florida, held on the                            day of                                          , 2006.

 

THE CITY OF LEESBURG

 

By:____________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 


 

CASE #:033-1-030906                                                                                                  EXHIBIT A

 

                                                                                                               

MARTIN BOYD/MATTHEWS PROPERTIES

WEST POINT COMMERCE CENTER

                                   REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                                  PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                    MARCH 9, 2006

 

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 Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to West Point Commerce Center to con­struct, operate, and maintain a CIP (Commercial/Industrial Planned) development in and on real proper­ty in the City of Leesburg. The property is generally situated at the northeast corner of Richey Road and East Richey Road. The property is more particularly described as shown in the attached legal description below.

 

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 Leesburg development codes and standards.

          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 Richey Road as per the site plan.

 

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 Leesburg Code of Ordinances, as amended, which shall include the required number of handicapped parking spaces. 

 

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 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, the "Permittee" shall sub­mit, if applicable, a Master Site Drainage Plan and Utility Implementation Plan accept­able to the City of Leesburg.  Prior to any clearing, grubbing, or distur­bance of the natural vegetation in any phase of the development, 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.

 

9.       TRANSPORTATION

          A.     Any transportation improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application. 

                   

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.

         

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
LEESBURG PLANNING & ZONING DIVISION

STAFF SUMMARY

 

 

 

 

DATE:           MARCH 9, 2006

 

TO:               PLANNING COMMISSIONERS

 

OWNER:       WEST POINT COMMERCE CENTER

300 RICHEY ROAD, LEESBURG, FL  34748

 

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 RICHEY ROAD AND EAST RICHEY ROAD

 

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 LEESBURG PLANNING & ZONING DIVISION

DEPARTMENTAL REVIEW SUMMARY

 

 

DATE:           March 9, 2006

OWNER:       West Point Commerce Center

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 LEESBURG PLANNING & ZONING DIVISION

                                                                RECOMMENDATIONS

 

 

APPLICANT:           WEST POINT COMMERCE CENTER

REQUEST:              REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

CASE NO.:             033-1-030906

MEETING DATE:     MARCH 9, 2006

 

 

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

THURSDAY, MARCH 9, 2006 3:30 P.M.

 

The Planning Commission of the City of Leesburg held its regular meeting Thursday, March 9, 2006, in the Commission Chambers at City Hall.  Chairperson Micham called the meeting to order at 3:30 p.m.  The follow­ing Commission members were present:

 

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 Dan Miller, Bill Wiley, Planning Manager and Attorney Fred Morrison.

 

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 – FEBRUARY 23, 2006.

 

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, Dan Miller and Bill Wiley.

 

OLD BUSINESS:

 

Marc Micham, Chairman read into the record the cases to continue until March 23, 2006.  He also read into record the cases continued to the April 6, 2006 meeting.

 

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 – WEST POINT COMMERCE CENTER

 

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.

 

Dan Miller, Senior Planner presented the overhead visuals including the general location map, aerial photograph, surrounding zoning map, flood zone and wetlands map, photographs and conceptual site plan.

 

The applicant was present without comments.

 

Commissioner Larry Taylor made a motion to APPROVE case #033-1-030906 – West Point Commerce Center as presented by staff.  Commissioner Agnes Berry SECONDED the motion which, PASSED by a unanimous voice vote of 7 to 0.

 


 [b1]Changed AGREEMENT to CONDITIONS

 [b2]Deleted and Zoning

 [b3]Deleted Overlay

 [b4]Removed PERMITTED

 [b5]Deleted BUILDING [b5]

 [b6]Changed building area to Impervious surface coverage

 [b7]Added  and.

 [b8]Replaced agreement [b8] with conditions.