AGENDA MEMORANDUM
MEETING
DATE:
FROM:
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
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
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____
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Department: Community
Development Prepared by: Attachments:
Yes__X__ No ______ Advertised: ____Not Required ______ Dates: __________________________ Newspapers: _________________________________
_________________________________ Revised
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Reviewed by: Dept. Head ________ Finance Dept. __________________ Deputy C.M. ___________________ Submitted by: City Manager _________RS__________
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Account No. _________________ Project No.
___________________ WF No. ______________________ Budget ______________________ Available
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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
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
THE CITY OF
By:____________________________________
Mayor
ATTEST:
___________________________________
City Clerk
CASE #:040-1-090906 EXHIBIT
A
JONES
DAYCARE
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 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
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
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
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
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
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
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 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
9. TRANSPORTATION
A. Any
transportation improvements required 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 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
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
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
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
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
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
