AGENDA MEMORANDUM

 

 

MEETING DATE:   April 24, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  Ordinance Rezoning: Louis T. Nolette (Yashica Jones Day Care)

 

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) 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 at the northeast corner of McCormick Street and Montclair Road, as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential). Currently, the property is used as a single-family residence and the proposed use is a children’s day care. The surrounding zoning designations are City M-1 (Industrial), R-2 (Medium Density Residential) and R-3 (High Density Residential).

 

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 a day care use and limited commercial uses 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 County School Board bus facility and office,

apartments, Sprint and undeveloped property.

 

The property 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.     Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    4/24/06 12:01 PM4/24/06 11:58 AM____

 

Department: Community  Development

Prepared by: Bill Wiley

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

_________________________________                                                    

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager _________RS__________

 

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 AT THE NORTHEAST CORNER OF CENTER STREET AND MCCORMICK STREET, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) 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 Louis T. Nolette (Yashica Jones Day Care), the owner 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 R-2 (Medium Density Residential) to City CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for legal.)

 

Alternate Key Numbers 1349265 and 1290678

 

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 #:040-1-090906                                                                                                          EXHIBIT A

 

JONES DAYCARE

                                   REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                                  PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                    MARCH 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 Yashica M. Jones, "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 Yashica M. Jones 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 Center Street and McCormick Street. 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 listed herein, pursuant to City of Leesburg development codes and standards.

 

          A.       Permitted Uses

                    1)       Daycare use as provided in Section 25-284 (District Use Regulations)

                    2)       Other uses as defined in Section 25-284 (District Use Regulations) under the Commercial/Industrial Planned district, with the exception of uses prohibited below.

                    3)       Uses prohibited shall be as follows:

                              a.       indoor and outdoor recreation

                              b.       bars and lounges

                              c.       clubs and lodges

                              d.       crematoriums

                              e.       package stores

                              f.        industrial uses

                              g.       educational facilities

                              h.       transient accommodations

                              i.        places of worship

                              j.        off site parking unless specifically approved as an amendment to this CIP

          k.       Any other such uses of similar intensity which may adversely impact the      adjoining residential 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 from Center Street, as reviewed and approved by staff in the site plan review process.

 

5.       DEVELOPMENT STANDARDS

          A.       Development of the property for a daycare use shall be consistent with the requirements specified in Section 25-287(c), Child day care centers, City of Leesburg Code of Ordinances.

          B.       The minimum development standards shall be those required for the CIP district except as amended by these conditions.

          C.       Future development or expansion of the building and or site shall require compliance with the Site Plan Approval Process by the City of Leesburg.

 

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 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 required shall be contingent upon site plan approval by City of Leesburg staff during the development review process. 

                   

 

 

10.      LANDSCAPING AND BUFFER REQUIREMENTS

          A.       Plans and site design for the installation of any required landscaping and buffering shall be submit­ted with the detailed site plan, and must be 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.

          B.       Site design shall include the following improvements.

                              a.      A six (6) foot decorative solid privacy fence or masonry wall shall be constructed along the northern and eastern property line boundaries to provide a physical and visual buffer from adjoining industrial and residential uses.

                              b.      A fifteen (15) foot landscape buffer, designed in compliance with City of Leesburg landscape code Section 25-325 as amended, shall be constructed along Center and McCormick streets, the general area of which comprises the southern and western property lines.

                                      

                                       Landscaping of the required buffer area shall be as follows:

         For each one hundred (100) linear feet, or fraction thereof, of boundary, the    following plants shall be provided in accordance with the planting standards and           requirements of the Land Development Code.

                                       •Two (2) canopy trees

                                       •Two (2) ornamental trees

                                       •Thirty (30) shrubs

                                       •The remainder of the buffer area shall be landscaped with grass, groundcover,                                                 and/or other landscape treatment.

                              c.     Changes and/or substitutions to design and plant materials on the required           landscape plan shall be subject approval by the Planning & Zoning Manager.

 11.     MAINTENANCE

          A.       With the exception of public utilities, maintenance of all site im­provements, shall be the responsibility of the developer. 

 

12.      MISCELLANEOUS CONDITIONS

A.       Prior to submitting any building permit applications, the applicant shall submit and obtain approval from City staff for an approved site plan. The site plan shall be based on the proposed conceptual plan (Exhibit B) dated March 13, 2006.

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 (if required) shall be submitted to Planning and Zoning Division.

C.       No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes. 

D.       Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

E.       The transfer of ownership or lease of any or all of the property described in this Conditions shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions and agrees to be bound by these conditions.  The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Code of Ordinances, as amended. 

 

 

 

 

 

 

 

 

 

 

Text Box: Exhibit B


 [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