AGENDA MEMORANDUM

 

 

Meeting Date:           April 10, 2006

 

From:                          Laura McElhanon, AICP

                                    Community Development Director

 

Subject:                      Changing the Future Land Use Map Designation of 1.22 acres from County Employment Center to City I.

 

 

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the proposed small-scale comprehensive plan amendment to the City’s adopted Growth Management Plan.

 

Analysis

The project site is approximately 1.22 acres. The property is generally located south of S.R.44 (West Main Street) and west of Progress Road. The project site is ten (10) or less acres and is, therefore, considered a small-scale comprehensive land use plan amendment.  The City will notify the Florida Department of Community Affairs of the plan amendment and the Department will review the project site area to confirm that it is ten (10) acres or less. At that time, the Department will determine that it is a local issue and not subject to Department review.

 

The property will continue to be used for Food Equipment Sales. The surrounding County Future Land Use Map designations are to the north, east and west County Employment Center, and to the south City I (Industrial). The existing Land Use designation for the property is County Employment Center. The proposed future land use designation of City I (Industrial) is consistent with the City’s adopted Growth Management Plan.

 

The Planning Commission held a public hearing on the application on February 23, 2006 and by a vote of 6 to 0, recommended approval.

 

Options         

1.         Approve the requested small scale comprehensive plan amendment to City I (Industrial).

2.         Disapprove the proposed small scale comp plan amendment, thereby allowing the County to retain jurisdiction over land use and future development.

3.                  Other such action as the Commission may deem appropriate.

 

 

Fiscal Impact

This small-scale comprehensive plan amendment will have no direct fiscal impact on the City of Leesburg.

 

 

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 AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LEESBURG, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.22 ACRES AND GENERALLY LOCATED SOUTH OF SR44 (WEST MAIN STREET) AND WEST OF PROGRESS ROAD, LYING IN SECTION 29, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY EMPLOYMENT CENTER TO CITY I (INDUSTRIAL); AND PROVIDING AN EFFECTIVE DATE.

 

WHEREAS, the City Commission has received written objections, recommendations, and comments from the City of Leesburg Planning Commission acting as the Local Planning Agency, regarding amendment of the Comprehensive Plan of the City of Leesburg, and has made recommendations to the City Commission for amendment of the Plan; and

 

WHEREAS, the City Commission of the City of Leesburg has held public hearings on the proposed amendment to the plan, in light of written comments, proposals and objections from the general public; 

 

NOW, THEREFORE,

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1. 

 

The Growth Management Plan of the City of Leesburg, adopted by the City of Leesburg on September 22, 2003, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Leesburg Planning Commission, is hereby amended in the following manner: 

 

The Future Land Use Map is amended by changing the designation of an approximately 1.22 acre parcel of land generally located south of SR44 (West Main Street) and west of Progress Road, lying in Section 29, Township 19 South, Range 24 East, Lake County, Florida, legally described as:             

 

See Legal Description Exhibit A

 

from County Employment Center to City I (Industrial) as shown on Attachment 1, the revised map of said area. 

 

Section 2.   

 

All ordinances or part of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

 

 

Section 3. 

 

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

 


 

Exhibit A

 

 

LEGAL DESCRIPTION

 

MATHIAS LAND INVESTMENTS, INC.

 

 

Commencing at the Southwest corner of the Northwest ¼ of the Northeast ¼ of Section 29, Township 19 South, Range 24 East, Lake County, Florida; run South 89°34’05” East along the South line of said Northwest ¼ of the Northeast ¼ a distance of 284.33 feet; thence North 12°28’42” East 552.44 feet to a point on the curved Southerly right-of-way line of State Road No. 44, said point being South 21°45’41” West of the radius point of said curve which is concave Northerly and has a radius of 3869.83 feet; thence Southeasterly along the arc of said curve through a central angle of 02°34’44” an arc distance of 174.18 feet to the Point of Beginning.  From said Point of Beginning run South 12°30’14” West 309.26 feet; thence South 77°51’39” East 178.00 feet to a point on a curved right-of-way of a road, said point bearing South 77°02’16” East 375.00 feet from the radius point; thence Northeasterly along the arc of said curve through a central angle of 00°27’30” a distance of 3.00 feet to the end of said curve; thence North 12°30’14” East 265.22 feet to the beginning of a curve concave Southwesterly and having a radius of 25.00 feet; thence Northwesterly along the arc of said curve through a central angle of 85°37’33” and arc distance of 37.36 feet to a point on the curved Southerly right-of-way of State Road No. 44, said point being South 16°52’41” West of the radius point of the State Road No 44 curve; thence Northwesterly along the arc of the curved Southerly right-of-way, which is concave Northeasterly, through a central angle of 02°18’16” an arc distance of 155.65 feet to the Point of Beginning.

 

 

Alternate Key Number 1800897

 

 


ATTACHMENT 1

 


CITY OF LEESBURG PLANNING & ZONING DIVISION

STAFF SUMMARY

 

 

DATE:           FEBRUARY 23, 2006

 

TO:               PLANNING COMMISSIONERS

 

OWNER:       MATHIAS LAND INVESTMENT, LLC

3117 BANANA POINT

OKAHUMPKA, FLORIDA 34762

 

PROJECT:    MATHIAS FOOD SERVICE EQUIPMENT

 

REQUEST:    SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT FOM COUNTY EMPLOYMENT CENTER TO CITY-I (INDUSTRIAL)

 

CASE NO.:   012-0-010506

 

SEC. 29, TWP. 19S, RGE. 24E

 

GENERAL LOCATION:       SOUTH OF US 44 (WEST MAIN STREET) AND WEST OF PROGRESS ROAD

 

 

EXISTING FUTURE LAND USE CLASSIFICATION:                 GENERAL COMMERCIAL

 

SURROUNDING FUTURE LAND USE CLASSIFICATION:       NORTH -       COUNTY EMPLOYMENT CENTER

 

SOUTH -       INDUSTRIAL

 

EAST -          COUNTY EMPLOYMENT CENTER

 

WEST -         COUNTY EMPLOYMENT CENTER

 

EXISTING ZONING:                                                    COUNTY HM (HEAVY MANUFACTURING)

 

SURROUNDING ZONING:  NORTH -       COUNTY R-6 (UBAN RESIDENTIAL)

 

SOUTH -       M-1 (INDUSTRIAL)

 

EAST -          COUNTY HM (HEAVY MANUFACTURING)

 

WEST -         COUNTY HM (HEAVY MANUFACTURING)

 

EXISTING LAND USE:                  INDUSTRIAL

 

SURROUNDING LAND USE:        NORTH -       UNDEVELOPED

 

SOUTH -       INDUSTRIAL

 

EAST  -         INDUSTRIAL

 

WEST  -        INDUSTRIAL

 


CITY OF LEESBURG PLANNING & ZONING DIVISION

DEPARTMENTAL REVIEW SUMMARY

 

 

DATE:           February 23, 2006

OWNER:       Mathias Food Service

REQUEST:    SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT

CASE NO.:   012-0-010506

 

THE FOLLOWING COMMENTS WERE RECEIVED FROM EACH DEPARTMENT:

 

POLICE

None

 

FIRE

No objections to above request.

 

ELECTRIC

Allow minimum of 1 month for electric power.  Call 728-9781 to arrange site meeting at least six (6) weeks prior to needing electric power.

 

WATER DISTRIBUTION

There is existing water at said location.

 

WATER BACKFLOW

APPROVED – No Comments

 

STORMWATER

None

 

WASTEWATER

No Wastewater issues

 

GAS

APPROVED

No gas in area (on site plan)

 

BUILDING

Building must comply with building code for propose use.  Check with Building Dept. before issuing occupation license.

 

SURVEY

None

 

ADDRESSING

None

 

ECONOMIC DEVELOPMENT

None Received

 

PUBLIC WORKS

None Received

 

 

 


CITY OF LEESBURG PLANNING & ZONING DIVISION

RECOMMENDATIONS

 

 

 

OWNER:                 MATHIAS LAND INVESTMENT, LLC

PROJECT:              MATHIAS FOOD SERVICE EQUIPMENT

REQUEST:              SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT

CASE NO.:             012-0-010506

MEETING DATE:     FEBRUARY 23, 2006

 

 

THE PLANNING & ZONING DIVISION RECOMMENDS:

 

APPROVAL of the request

 

for the following reason(s):

 

1.               This project meets the requirements of Chapter 163.3187(1)(c) Florida Statutes, for small-scale comprehensive plan amendments.

 

2.               The proposed Future Land Use Designation of City I (Industrial) is consistent with adjacent and nearby properties to the north, west and east that are designated County Employment Center, and to the south City Industrial and does not appear to create a negative impact on the adjacent properties.

 

3.               The proposed zoning district of CIP (Commercial/Industrial Planned) is compatible with the proposed Future Land Use Designation of I (Industrial) and with adjacent and nearby properties in the area designated City M-1 (Industrial), County HM (Heavy Manufacturing) and County R-6 (Urban Residential).

 

4.               The proposed future land use designation for the site is consistent with the City’s Growth Management Plan, Future Land Use Element, Goal I, Objective 1.6. Therefore, staff recommends approval of a City Future Land Use Designation for the subject property of I (Industrial).

 

SUBJECT to the following comments:

 

1.               Development of the property 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.               A wetlands jurisdictional delineation review will be completed prior to any proposed development on the subject property

 

3.               This recommendation for a proposed Future Land Use Plan Map Amendment is contingent upon City Commission approval of the proposed rezoning under City Commission case number 011A-1-010506. 

 

 

 

 



                                                                             

MINUTES OF THE REGULAR MEETING

OF THE PLANNING COMMISSION

CITY COMMISSION CHAMBERS, CITY HALL

THURSDAY, FEBRUARY 23, 2006 3:30 P.M.

 

The Planning Commission of the City of Leesburg held its regular meeting Thursday, February 23, 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

 

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 Jo Ann Heim and the Pledge of Alle­giance to the Flag.

 

MINUTES OF PLANNING & ZONING COMMISSION MEETING – FEBRUARY 9, 2006

 

Commissioner Roland Stults moved to APPROVE the minutes as tran­scribed.  Commis­sioner Chryle Lowery seconded the motion, which PASSED by a unanimous voice vote of 6 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 other meetings.  He also read into record the cases continued to the March 9, 2006 meeting.

 

Commissioner Agnes Berry made a motion to APPROVE the continuances.  Commissioner Chryle Lowery SECONDED the motion, which PASSED by a unanimous voice vote of 6 to 0.

 

 

1.  CASE#011-1-010506 – MATHIAS LAND INVESTMENTS – MATHIAS FOOD SERVICE EQUIPMENT

 

REQUEST FOR A RECOMMENDATION TO THE CITY COMMISSION FOR REZONING OF APPROXI­MATELY 1.22 ACRES FROM COUNTY HM (HEAVY MANUFACTURING) TO CITY CIP (COMMERCIAL/INDUSTRIAL PLANNED) DISTRICT, FOR PROPERTY GENERALLY LO­CAT­ED SOUTH OF SR 44 (WEST MAIN STREET) AND WEST OF PROGRESS ROAD, AS LEGALLY DESCRIB­ED.  SEC. 29, TWP. 19S, RGE. 24E. (CITY COMMISSION MEETING DATES, MARCH 27, 2006 AND APRIL 6, 2006)

 

 

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.

 

Mr. Miller also presented the exhibits including the general location map, aerial photograph, surrounding zoning map, flood zone and wetlands map, photographs and conceptual site plan.

 

Steve Richey, Esquire representative for the applicant addressed the Commissioners giving a brief statement regarding the purpose of the request.

 

Commissioner Larry Taylor made a motion to APPROVE case #011-1-010506Mathias Land Investment – Mathias Food Service Equipment as presented by staff.  Commissioner Chryle Lowery SECONDED the motion which, PASSED by a unanimous voice vote of 6 to 0.

 

2.  CASE #012-0-010506 – MATHIAS LAND INVESTMENT – MATHIAS FOOD SERVICE EQUIPMENT

 

REQUEST FOR A RECOMMENDATION TO THE CITY COMMISSION FOR A SMALL-SCALE COMPRE­HENSIVE PLAN AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY EMPLOYMENT CENTER TO CITY I (INDUSTRIAL) OF APPROXIMATELY 1.22 ACRES, FOR PROP­ERTY GENERALLY LOCATED SOUTH OF STATE ROAD 44 AND WEST OF PROGRESS ROAD, AS LEGALLY DESCRIBED.  SEC. 29, TWP. 19S, RGE. 24E. (CITY COMMISSION MEETING DATES, MARCH 27, 2006 AND APRIL 6, 2006)

 

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.

 

Mr. Miller also presented the exhibits including the general location map, aerial photograph, surrounding zoning map, flood zone and wetlands map, photographs and conceptual site plan.

 

Steve Richey, Esquire representative for the applicant attended without comment.

 

Commissioner Jo Ann Heim made a motion to APPROVE case #011-1-010506Mathias Land Investment – Mathias Food Service Equipment as presented by staff with comments.  Commissioner Roland Stults SECONDED the motion which, PASSED by a unanimous voice vote of 6 to 0.