The Planning staff and Planning Commission
recommend approval of the proposed rezoning for the subject property from
project site is approximately 1.22 acres.
The property is generally located south of SR44 (
The proposed zoning district of City CIP (Commercial/Industrial Planned) for the property 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 proposed City future land use designation of I (Industrial).
The existing land uses surrounding the property are industrial and undeveloped property.
Development of the parcels shall require connection to City utilities at the owner’s expense.
By a vote of 6 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 1.22 ACRES GENERALLY LOCATED SOUTH OF S.R. 44 (WEST MAIN STREET) AND WEST OF PROGRESS ROAD, LYING IN SECTION 29, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY HM (HEAVY MANUFACTURING) 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 Mathias Land Investments, LLC, (Mathias Food Service Equipment), pursuant to the provisions of the Laws of Florida, the said property located in Lake County, Florida, is hereby rezoned from County HM (Heavy Manufacturing) to City CIP (Commercial Industrial Planned) subject to conditions contained in Exhibit A, to-wit:
(See attached Legal Exhibit B)
Alternate Key Number 1800897
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
MATHIAS FOOD SERVICE EQUIPMENT
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 Mathias Land Investments, 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 [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 an approximately 1.22
acre site within the City of
Permission is hereby granted to Mathias Land
Investments, LLC to construct, operate, and maintain a CIP
(Commercial/Industrial Planned) development
in and on real property in the City of
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 (See Exhibit B) in the Code of Ordinances except as limited by this CIP and shall occupy the approximate area as shown on the Master Development Plan dated Jan. 10, 2005.
2) 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. Direct access to the site shall be provided by 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 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
and site design for the installation of any required landscaping and buffering
shall be submitted and approved prior to issuance of the building permit for
the development. All landscaping 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. Prior to submitting any building permit applications, the applicant shall submit and obtain
approvals from City staff for:
1) An approved site plan based on
the Master Development Plan dated
the requirements of the City of
B. Prior to site plan approval, a copy of an approved Management and Storage of Surface Waters (MSSW) permit from the St. Johns River Water Management District shall be submitted to Planning and Zoning Division.
C. Any information submitted to Florida Fish and Wildlife must be submitted to the City. If there is no indication of existence of protected/endangered species on the site a letter must be submitted for the file indicating same.
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.
TO: PLANNING COMMISSIONERS
5117 Banana Point
Okahumpka, Fl 34762
PROJECT: Mathias Food Service Equipment
REQUEST: REZONING TO C-3 (HIGHWAY COMMERCIAL)
SEC. 29, TWP. 19S, RGE. 24E
GENERAL LOCATION: SOUTH
OF 44 (
SURROUNDING ZONING: NORTH - COUNTY R-6 (URBAN RESIDENTIAL)
SOUTH - M-1 (INDUSTRIAL)
WEST - CUNTY HM (HEAVY MANUFACTURING)
EXISTING LAND USE: Industrial
SURROUNDING LAND USE: NORTH - UNDEVELOPED
SOUTH - INDUSTRIAL
EAST - INDUSTRIAL
WEST - INDUSTRIAL
DEPARTMENTAL REVIEW SUMMARY
OWNER: MATHIAS LAND INVESTMENTS, LLC
PROJECT: MATHIAS FOOD SERVICE EQUIPMENT
THE FOLLOWING COMMENTS WERE RECEIVED FROM EACH DEPARTMENT:
No objections to above request.
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 is available at said area.
APPROVED– No Comments
No Wastewater issues
No gas in site area.
Building must comply with building code for proposed use. Check with Building Dept. before issuing occupation license.
APPLICANT: MATHIAS FOOD SERVICE EQUIPMENT
REQUEST: REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
THE PLANNING & ZONING DIVISION RECOMMENDS:
APPROVAL of the request
for the following reason(s):
proposed zoning district of CIP (Commercial/Industrial Planned) is compatible with adjacent City M-1 (Industrial) to
2. The proposed zoning district CIP (Commercial/Industrial Planned) is compatible with the proposed 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.
approval of the proposed rezoning subject to the CIP (Commercial/Industrial
Planned) Planned Development [b8]conditions attached hereto as Exhibit A and the Master
Development Plan dated
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 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.
OF PLANNING & ZONING COMMISSION MEETING –
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.
Marc Micham, Chairman read into the record the cases
to continue until other meetings. He
also read into record the cases continued to the
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.
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,
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.
Larry Taylor made a motion to APPROVE case #