AGENDA MEMORANDUM

 

 

MEETING DATE:   August 28, 2006

 

FROM:                       Laura McElhanon, AICP

                                                            , Community Development Director

 

SUBJECT:                  Ordinance Rezoningrezoning property: for Mt. Ararat Baptist Church/Rachel Hill-Blue

 

 

 

Staff Recommendation: 

The Planning Sstaff and Planning Commission recommend approval of the proposed rezoning for the subject property from C-3 (Highway Commercial) to CIP (Commercial Industrial Planned).

 

Analysis:

The project site is approximately 0.46 acres. The property is generally located son outh of  East Main Street, west of Church Street, as shown on the attached General Location Map. The present zoning for this property is City C-3 (Highway Commercial). Currently, the property is a vacant church building and the proposed use is a day care. The surrounding zoning designations are C-3 (Highway Commercial) to the west, north, and east, and City R-3 (High Density Residential) to the south.

 

The proposed zoning district of City CIP (Commercial Industrial Planned) is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of City Low Density Residential.

 

The existing land uses surrounding the property are single-family residential, multi-family and church uses. 

         

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.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    8/23/06 7:05 PM8/23/06 2:07 PM8/23/06 8:01 AM8/22/06 12:46 PM8/19/06 9:47 AM8/18/06 4:27 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

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 0.46 ACRES GENERALLY LOCATED SOUTH OF ON EAST MAIN STREET, WEST OF CHURCH STREET, LYING IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM C-3 (HIGHWAY COMMERCIAL) TO CIP (COMMERCIAL INDUSTRIAL PLANNED), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (MT. ARARAT BAPTIST CHURCH/RACHEL HILL-BLUE)

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

 

Section 1

 

Based upon the petition of Mt. Ararat Baptist Church/Rachel Hill-Blue, 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 C-3 (Highway Commercial) to CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A, to-wit:

 

Legal Description

 

LEESBURG, NEWTOWN-EDWARDS ADDITION W 100 FT OF LOT 9 PB 3 PG 6
ORB 1498 PG 1100

 

Alternate Key Number 1233771.

 

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

 

MT. ARARAT BAPTIST CHURCH

RACHEL HILL-BLUE DAYCARE

                                   REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                                  PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                    August 10, 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 Rachel Hill-Blue, "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 0.46 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Rachel Hill-Blue 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 southeast corner of East Main and Church Street. The property is more particularly described as shown in the attached legal description below.

 

2.       LEGAL DESCRIPTION

          Leesburg, Newtown-Edwards Addition, West 100 feet of Lot 9, Plat book 3, Page 6, ORB 1498,

          Page 1100

 

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 within or 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 remain 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.       Access to the site shall be provided from Church Street, as shown on the attached site plan.

 

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 provide a minimum of four (4) off-street parking spaces at the corner of East Main and Church Street. Of the four required spaces, one (1) shall be a handicapped space constructed per City of Leesburg Code of Ordinances, as amended. Three (3) standard spaces shall also be provided. For the three (3) standard spaces, staff finds that use of mulch parking, subject to approval of the Development Review Committee per Section 25-287(c)(10) is permissible. Due to the joint use of the daycare parking lot with Mt. Ararat Baptist Church, no landscaping will be required.

 

7.       TRANSPORTATION

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

8.        MAINTENANCE

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

 

9.       MISCELLANEOUS CONDITIONS

A.       Prior to submitting any future 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 August 10, 2006.

B.       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. 

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

D.       The transfer of ownership or lease of any or all of the property described in these 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. 

 

 

EXHIBIT B

(site plan)


 [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