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).
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).
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.
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.
There is no fiscal impact to the City.
Department: Community Development
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Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager _________RS__________
Account No. _________________
Project No. ___________________
WF No. ______________________
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
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
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
CASE #:040-1-090906 EXHIBIT A
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
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
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
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.
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
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
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
transportation improvements required 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 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.
and/or substitutions to design and plant materials on the required landscape
plan shall be subject approval by the
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