AGENDA MEMORANDUM

 

 

MEETING DATE:   November 27, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance  Rezoning for Strong Brothers Partnership

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-3 (High Density Residential) to CIP (Commercial/Industrial Planned).

 

Analysis:

The project site is approximately 2.66 acres. The property is generally located at the southeast corner of south Lake Street and Magnolia Street, as shown on the attached General Location Map. The present zoning for this property is City R-3 (High Density Residential). Currently, the property is undeveloped and the proposed uses are medical offices and medical support services, professional and general offices and day care uses. The surrounding zoning designations are City R-3 (High Density Residential) to the north, south and west, and R-2 (Medium Density Residential) to the east.

 

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

 

The existing land uses surrounding the property are medical, office, townhouses, and single family residential 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 rezoning to City CIP (Commercial/Industrial Planned).

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:    12/6/06 4:46 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 2.66 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SOUTH LAKE STREET AND MAGNOLIA STREET, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM R-3 (HIGH DENSITY RESIDENTIAL) TO 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 Strong Brothers Partnership, 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 R-3 (High Density Residential) to CIP (Commercial/Industrial Planned), subject to conditions contained in Exhibit A, to-wit:

 

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 #:170-1-120706                                                                                              EXHIBIT A

 

STRONG BROTHERS PARTNERSHIP

REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

                                          PLANNED DEVELOPMENT [b1] CONDITIONS

                                                               OCTOBER 19, 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 Strong Brothers Partnership “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 commercial uses on an approxi­mately 2.66 acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Strong Brothers Partnership 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 corner of south Lake Street and Magnolia 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 limited, pursuant to City of Leesburg development codes and standards.

 A.       The uses shall be restricted to those uses approved specifically in the CIP conditions for the site.

                     1)      Permitted Uses shall be those limited by this CIP to medical offices and medical            support services, professional and general offices and day care uses and shall occupy the       approximate area as shown on the Master Development Plan dated September 19, 2006.

 

                    2)       Uses prohibited shall be as follows:

                              a.      Industrial uses.

          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 Pine Street adjacent on the south. Access connections will be reviewed during the site plan review process.

 

5.       DEVELOPMENT STANDARDS

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

 

6.       HEIGHT OF BUILDINGS

A.      No structure shall exceed thirty-five (35) feet or two and one-half (2½) stories in height as measured from the first floor, finished floor level on the site. Maximum height calculation shall include a parapet.

 

7.       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.

 

8.       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).

 

9.       DRAINAGE AND UTILITIES

          A.      Prior to receiving Final Development Plan Approval, the "Permittee" shall sub­mit 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, storm water and natural gas in accordance with the site plan review process as required by the City of Leesburg Code of Ordinances.

 

10.    ENVIRONMENTAL ASSESSMENT         

          A.      A wildlife/archaeological management plan for the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The management plan shall be submitted to the City as part of the preliminary plan application. The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan.

 

11.     TRANSPORTATION

          A.    Any transportation improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application. 

                   

12.     LANDSCAPING AND BUFFER REQUIREMENTS

          A.      Plans and site design for the installation of any required landscaping and buffering shall be submit­ted and 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.

 

13.     MAINTENANCE

          A.      With the exception of public utilities, maintenance of all site im­provements, including but not limited to drives, sidewalks and landscaping shall be the responsibility of the developer. 

 

14.      ARCHITECTURE

          A.      All buildings shall have a common architectural theme and the side of buildings which face residential areas shall be finished in the same materials as used in the front of buildings.

         

          B.        Exterior building materials contribute significantly to the visual impact of a building on the community. They shall be well designed and integrated into a comprehensive design style for the project. The total exterior wall area of each building elevation shall be composed of one of the following:

                     1)      At least thirty-five percent (35%) full-width brick or stone (not including window and door areas and related trim areas), with the balance being any type of lap siding and/or stucco.

                    

                    2)       At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option).

                    

                    3)       All textured stucco, provided there are unique design features such as recessed garages, tile or metal roofs, arched windows etc. in the elevations of the buildings or the buildings are all brick stucco. Unique design features shall be reviewed by the Planning and Zoning Manager for compliance.

         

          C.       Other similar design variations meeting the intent of this section may be approved by the Planning and Zoning Manager.

  

15.     MISCELLANEOUS CONDITIONS

          A.      The uses of the proposed project shall only be those uses identified in the approved Planned Develop­ment Conditions. Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Develop­ment amendment process.

 

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 other governmental agencies rules and regulations.

 

D.      The transfer of ownership or lease of any or all of the property described in this PD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Development established 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 Land Development Code, as amended. 

 

E.      These PD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the            present owner and any successor, and shall be subject to every condition herein set out.

 

F.      Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PD are necessary.

                             

          G.      The proposed project may be constructed in phases in accordance with the Planned     Development Master Plan (attached as part of these conditions). Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Development review process.

 

          H.      Implementation of the project shall substantially commence within 24 months of approval of the site plan and construction plan approvals for this Planned Development. In the event, the conditions of the PD has not been substantially initiated during the required time period, the PD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PD approval or rezone the property to R-3 (High Density Residential) or another appropriate zoning classification less intense than the development permitted by these PD Conditions. 

 

16.       CONCURRENCY

            The proposed land use change or approval could 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.

 

 


EXHIBIT B

Legal Description

 

LEESBURG S 1/2 OF LOTS 4, 5, BLK 64 PB 2 PG 19 ORB 1974 PG 2195

AND

LEESBURG N 1/2 OF LOT 5, BLK 64 PB 2 PG 19 ORB 3032 PG 1945

AND

LEESBURG N 1/2 OF LOT 16, BLK 64 PB 2 PG 19 ORB 1891 PG 1944

 

Alternate Key Numbers: 1266181, 1266203 and 1266327

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit C

 

 

 

 


 [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