AGENDA MEMORANDUM
Meeting Date: April
10, 2006
From: Laura
McElhanon, AICP
Community
Development Director
Subject: Rezoning 1.22 acres from
County HM to City CIP subject to conditions.
Staff Recommendation:
The Planning staff and Planning Commission
recommend approval of the proposed rezoning for the subject property from
Analysis:
The
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.
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 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
Section 1.
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
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 #:
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
1. PERMISSION
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
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 (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.
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. 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.
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 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. Plans
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
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. 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.
Exhibit B
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.
Mathias.legaldescription
CITY OF
STAFF SUMMARY
DATE:
TO: PLANNING
COMMISSIONERS
OWNER:
5117 Banana Point
Okahumpka, Fl 34762
PROJECT: Mathias
Food Service Equipment
REQUEST: REZONING
TO C-3 (HIGHWAY COMMERCIAL)
CASE NO.:
SEC. 29, TWP. 19S, RGE. 24E
GENERAL LOCATION: SOUTH
OF 44 (
EXISTING ZONING:
SURROUNDING ZONING: NORTH
- COUNTY R-6 (URBAN RESIDENTIAL)
SOUTH - M-1 (INDUSTRIAL)
EAST -
WEST - CUNTY HM (HEAVY MANUFACTURING)
EXISTING LAND USE: Industrial
SURROUNDING LAND USE: NORTH
- UNDEVELOPED
SOUTH - INDUSTRIAL
EAST - INDUSTRIAL
WEST - INDUSTRIAL
CITY OF
DEPARTMENTAL REVIEW SUMMARY
DATE:
OWNER: MATHIAS
LAND INVESTMENTS, LLC
PROJECT: MATHIAS
FOOD SERVICE EQUIPMENT
REQUEST: REZONING
CASE NO.:
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
Water is available at said area.
WATER BACKFLOW
APPROVED– No Comments
STORMWATER
None
WASTEWATER
No Wastewater issues
GAS
APPROVED
No gas in site area.
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: MATHIAS
FOOD SERVICE EQUIPMENT
REQUEST: REZONING
TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
CASE NO.:
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 M-1 (Industrial) to
the south,
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.
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 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
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 –
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
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#
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.
Commissioner
Larry Taylor made a motion to APPROVE case #