AGENDA MEMORANDUM

 

 

MEETING DATE:   October 9, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for City of Leesburg (Leesburg Commons, Anchor Coating of Leesburg, Florida Power)

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County HM (Heavy Industrial) to City CIP (Commercial Industrial Planned) and M-1 (Industrial).

 

Analysis:

The project site is approximately 41.54 acres.  The property is generally located at the southwest intersection of Talley Road and Talley Box Road, as shown on the attached General Location Map. The present zoning for this property is County HM (Heavy Industrial). Currently, the property uses are Anchor Coating, Mulch Operation, and Florida Power R-O-W and the proposed uses are industrial office park and continued commercial and right-of-way uses. The surrounding zoning designations are City M-1 (Industrial) to the north, east, and west, and City M-1 (Industrial) and R-1 (Single Family Residential) to the south.

 

The proposed zoning districts of City CIP (Commercial Industrial Planned) and M-1 (Industrial) are compatible with adjacent and nearby properties in the area and with the proposed City future land use designation of City Industrial. The amendment to the land use designation is being processed as part of the 2nd Cycle 2006 Large Scale Amendments.

 

The existing land uses surrounding the property are industrial, vacant and storage uses. 

         

Development of the parcel 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 rezonings to City CIP (Commercial/Industrial Planned) and M-1 (Industrial), thereby allowing consistent zoning and development standards for the area.

2.         Disapprove the proposed rezoning.

3.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    10/19/06 9:23 AM____

 

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 ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 


                                                ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 41.54 ACRES GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF TALLEY ROAD AND TALLEY BOX ROAD, LYING IN SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY HM (HEAVY INDUSTRIAL) TO CITY M-1 (INDUSTRIAL) AND CIP (COMMERCIAL INDUSTRIAL PLANNED), SUBJECT TO CIP 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 the City of Leesburg, 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 County HM (Heavy Industrial) to City CIP (Commercial/Industrial Planned) and M1- (Industrial), with the CIP portion being subject to conditions contained in Exhibit A, to-wit:

 

To M-1:

 

E 341.34 FT OF S 1/2 OF SW 1/4 OF NW ¼ OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST; LESS RD R/W

ORB 1018 PG 1143

 

Alternate Key Number 2542721

Anchor Coatings of Leesburg 5.15 ac

----------------------------------------------------

 

BEG SE COR OF NE 1/4 OF SW 1/4  OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST, RUN W TO W SIDE OF RD FOR
POB, RUN W TO PT 1324.51 FT W OF SE COR OF NE 1/4 OF SW 1/4,
N 73DEG 25MIN 24SEC E 583.10 FT, N 8DEG 10MIN 35SEC W 15.74
FT, N 81DEG 49MIN 25SEC E 10 FT, S 8DEG 10MIN 35SEC E 15.74
FT, E TO RD, S'LY ALONG RD TO POB

 

Alternate Key Number 1171202

Progress Energy 1.40 ac

----------------------------------------------------

 

N 170 FT OF SW 1/4 OF SW 1/4 OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST

ORB 641 PG 275

 

Alternate Key Number 1171199

Progress Energy 5.16 ac

         

          To CIP:

 

           E 1/2 OF NW 1/4 OF SW 1/4, W 1/2 OF NE 1/4 OF SW ¼ OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LESS FROM NE COR OF NW 1/4 OF NE 1/4 OF SW 1/4 RUN N 89DEG 46MIN 30SEC W 33 FT, S 00DEG 29MIN 00SEC W 605.59 FT FOR POB, CONT S 00DEG 29MIN 00SEC W 472.01 FT, S 62DEG 31MIN 08SEC W 170.47 FT, N 89DEG 39MIN 51SEC W 408.66 FT, N 01DEG 13MIN 42SEC E 520.54 FT, N 87DEG 07MIN 01SEC E 553.41 FT TO POB & LESS BEG AT SE COR OF W 1/2 OF      NE 1/4 OF SW 1/4, RUN W 662.25 FT, N 73DEG 25MIN 24SEC E 583.10 FT, N 8DEG 10MIN 35SEC W 15.74 FT, N 81DEG 49MIN 25SEC E 10 FT, S 8DEG 10MIN 35SEC E 15.74 FT, E 94.95 FT, S TO POB--ORB 687 PG 1121

 

Alternate Key Number 1171458

Talley Box Company 29.83 ac.

 

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 #:100-1-081006                                                                                                        EXHIBIT A

 

                                                                                                               

LEESBURG COMMONS, LLC (WILLIAM “BILL” TALLEY)

                        REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                          PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                 AUGUST 24, 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 Leesburg Commons, 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 approxi­mately a 30 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Leesburg Commons, 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 at the southwest intersection of Talley Road and Talley Box 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 as a permitted use                 (See attached) in the Code of Ordinances except as limited by this CIP and shall                          occupy the approximate area as shown on the Conceptual Plan dated June 1, 2006.

                    2)       Permitted Light Industrial Uses shall be as follows:

                              a.       Flex Space

                              b.       Light Industrial Service

                              c.       Warehouse and Freight Movement except Stockpiling

                              d.       Wholesale Trade

                    3)       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 each site shall not exceed seventy-five (75) percent of the gross site area.

 

         C.        Open Space

A minimum of twenty-five (25) 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.      Access to all parcels, including the 130,000 sq. ft. site, shall be from the internal main access roadway only not from Talley Road or Talley Box Road.

 

5.       DEVELOPMENT STANDARDS

          A.    The minimum development standards shall be those required for the CIP district except as amended by these conditions. All structures along Talley Road and Talley Box Road shall maintain a minimum of 50 building feet setback.

 

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, if applicable, 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.    All landscaping and buffering 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.    CONCURRENCY

         

The proposed land use change or approval would result in demands on public facilities which would exceed the current capacity of some public facilities, such as, but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities. However, no final development order (building permits) shall be granted for a proposed development until there is a finding that all public facilities and services required for the development have sufficient capacity at or above the adopted level of service (LOS) to accommodate the impacts of the development, or that improvements necessary to bring facilities up to their adopted LOS will be in place concurrent with the impacts of the development.

 

 

 


 


 [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