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 County HM (Heavy Manufacturing) to City CIP (Commercial Industrial Planned) subject to the conditions contained in the attached Agreement (Exhibit A).

 

Analysis:

The project site is approximately 1.22 acres.  The property is generally located south of SR44 (West Main Street) and west of Progress Road, as shown on the attached General Location Map. The present zoning for this property is County HM (Heavy Manufacturing). The property will continue to be used for Food Equipment Sales. The surrounding zoning designations are to the east and west County HM (Heavy Manufacturing), to the south City M-1 (Industrial) and to the north County R-6 (Urban Residential).

 

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____

 

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 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 LEESBURG, FLORIDA, that:

 

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

 

THE CITY OF LEESBURG

 

By:_________________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

 

 

 

 

 

 

 

 


 

CASE #:011-1-010506                                                                                                  EXHIBIT  A

                     

 

MATHIAS FOOD SERVICE EQUIPMENT

                                   REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                                  PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                 FEBRUARY 23, 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 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 Leesburg in accordance with their Planned Development application and supplemental information.

 

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 Leesburg. The property is generally situated of S.R.44 (West Main Street) and west of Progress 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 (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 Progress Road only.

 

 

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 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.       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 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.      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 Jan. 10, 2005 per      

      the requirements of the City of Leesburg;

 

 

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 LEESBURG PLANNING & ZONING DIVISION

STAFF SUMMARY

 

 

 

 

DATE:           February 23, 2006

 

TO:               PLANNING COMMISSIONERS

 

OWNER:       Mathias Land Investments, LLC

5117 Banana Point

Okahumpka, Fl 34762

 

PROJECT:    Mathias Food Service Equipment

 

REQUEST:    REZONING TO C-3 (HIGHWAY COMMERCIAL)

 

CASE NO.:   011-1-010506

 

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

 

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

 

EXISTING ZONING:            COUNTY HM (HEAVY MAUFACTURIN)

 

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

 

          SOUTH -       M-1 (INDUSTRIAL)

 

          EAST -          COUNTY HM (HEAVY MANUFACTURING)

 

          WEST -         CUNTY 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 LAND INVESTMENTS, LLC

PROJECT:    MATHIAS FOOD SERVICE EQUIPMENT

REQUEST:    REZONING

CASE NO.:   011-1-010506

 

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

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 LEESBURG PLANNING & ZONING DIVISION

                                                                RECOMMENDATIONS

 

 

APPLICANT:           MATHIAS FOOD SERVICE EQUIPMENT

REQUEST:              REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

CASE NO.:             011-1-010506

MEETING DATE:     FEBRUARY 23, 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 M-1 (Industrial) to the south, County HM (Heavy Manufacturing) to the east and west, and County R-6 (Urban Residential) to the north and does not appear to be detrimental to surrounding properties.

 

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 Jan. 10, 2005 and contingent upon the City Commission adoption of the Small Scale Comprehensive Plan amendment case number 012-0-010506.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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.

 

 

 


 [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.