AGENDA MEMORANDUM

 

 

MEETING DATE:   December 11, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Tropical Investments and Holdings, LLC

 

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County LM (Light Industrial), HM (Heavy Industrial) and MP (Planned Industrial) to City CIP (Commercial Industrial Planned).

 

Analysis:

The project site is approximately 30 acres.  The property is generally located south of C.R. 48, and west of the intersection of C.R. 48 and U.S. 27, as shown on the attached General Location Map. The present zoning for this property is County LM (Light Industrial), HM (Heavy Industrial) and MP (Planned Industrial). Currently, the property is undeveloped and the proposed uses are retail, office, warehouse, personal services and light industrial. The surrounding zoning designations are City C-3 (Highway Commercial) to the north, M-1 (Industrial) to the south, County R-7 (Mixed Residential) and MP (Planned Industrial) to the west, and City C-3 (Highway Commercial) and M-1 (Industrial) 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 Industrial.

 

The existing land uses surrounding the property are undeveloped property, single family residential and mini warehouse storage. 

         

Development of the parcel shall require connection to City utilities at the owner’s expense.

 

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.         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:    1/5/07 2:39 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. _________wp_________                                     

                              

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 30 ACRES GENERALLY LOCATED SOUTH OF COUNTY ROAD 48, WEST OF THE INTERSECTION OF COUNTY ROAD 48 AND U.S. 27, LYING IN SECTION 14, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY LM (LIGHT INDUSTRIAL), HM (HEAVY INDUSTRIAL) AND MP (PLANNED INDUSTRIAL) TO CIP (COMMERCIAL INDUSTRIAL PLANNED), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE (TROPICAL INVESTMENT).

 

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

 

Section 1

 

Based upon the petition of Tropical Investments and Holdings, LLC, 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 County LM (Light Industrial), HM (Heavy Industrial) and MP (Planned Industrial) to City CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit B for Legal Description)

 

Alternate Key Number 1171458

 

 

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 #:076-1-060806                                                                                                          EXHIBIT A

 

                                            TROPICAL INVESTMENTS AND HOLDINGS, LLC

                                    REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

                                                          DEVELOPMENT [b1] CONDITIONS

                                                               SEPTEMBER 21, 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 Tropical Investments and Holdings, 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 allow construction of commercial and light industrial buildings of approximately (490,500 sq. ft.) as shown on the Conceptual Site Plan, as amended by these conditions, for 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 Tropical Investments and Holdings, Inc., 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 on County Road 48, west of the intersection of County Road 48 and US 27. 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 uses shall be those listed for the CIP commercial uses in the Land                                              Development Code except as limited by this CIP and shall occupy approximately                                          136,800 sq. ft. as shown in Phases 1 and 3.

         

                    2)       Uses prohibited shall be as follows:

                              a.       first floor residential

                              b        medical facilities

                              c.       group homes

                              d.       outdoor recreation

                              e.       crematoriums

                              f.       heavy industrial uses

                              g.       off site parking unless specifically approved as an amendment to this CIP

          h.       Vehicle sales service and repair

          i.        Kennels

          j.        Truck stops

          k.       stockpiling

          l.        all waste related services

          m.      Any other such commercial uses of similar intensity which may adversely impact the adjoining residential parcels due to traffic, noise, dust, etc.

                   

                    3)       The following uses shall be permitted only as accessory uses:

                              a.       second floor or above residential

                              b.       day cares

                              c.       educational facilities

                              d.       bars and lounges

                              e.       open storage with screening

 

                    4)       Hours of operations for uses shall be restricted to 7:00 a.m. to 11:00 p.m. within 300 feet on any existing residential district.

 

         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 common open space, including retention areas, buffer and landscaped areas, pools and fountains. Parking areas and vehicle access facilities shall not be considered in calculating common open space. 

 

4.       SITE ACCESS

A.       Access to the site shall be primarily from C.R. 48 with a divided boulevard type road and a possible emergency access from Haywood Worm Farm Road which will be reviewed by staff during the site plan review process.

 

5.       HEIGHT OF BUILDINGS

A.       No structure shall exceed seventy-two (72) feet in height (six stories) as measured from the first floor, finished floor level on the site. However, the maximum height of any structure within one hundred (100) feet of a single-family residential zoning district property line shall be thirty-five (35) feet or two and one-half (2 1/2) stories. Maximum height calculation shall include a parapet.

 

B.       Structures may exceed the heights specified above for adjacent residential property providing that the structure wall shall be stepped back an additional two (2) horizontal feet for each vertical foot of additional height up to a maximum permitted height.

 

6.       DEVELOPMENT STANDARDS

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

 

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, 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.       All transportation improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application. Said approval shall also be contingent upon review and approval by Lake County and the City of Leesburg, as required.

 

                    1)       The applicant shall provide all necessary roadway and intersection improvements within the development and its connection to County Road 48 and the possible emergency access from Haywood Worm Farm Road, based on a current traffic analysis, as required by County or City staff during the site plan review process. Approval of all necessary permits and improvements as required by the City of Leesburg and Lake County shall include any needed right of way, signalization and improvements required to support the development.

                   

                    2)       Roadways shall be constructed within the interior of the development such that continuous vehicular access is available among and between all structures within the development.

                   

                    3)       Sidewalks shall be constructed as required by the City of Leesburg Code of Ordinances for the development.

 

12.      LANDSCAPING/BUFFERING

          A.        Landscaping of any required buffer areas shall be as follows:

 

                    1)       Plans and site design for the installation of landscaping shall be submit­ted and approved prior to issuance of the first building permit for the development. All landscaping shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances.

 

          2)       For each one hundred (100) linear feet, or fraction thereof, of required landscaping, the following plants shall be provided in accordance with the planting standards and requirements of the City of Leesburg Code of Ordinances, as amended.

                              a.   Two (2) canopy trees

                              b.    Two (2) ornamental trees

                              c.    Thirty (30) shrubs

d.  The remainder of the buffer area shall be landscaped with grass, groundcover,     and/or other   landscape treatment.

                              e.    Existing vegetation in the required buffer shall be protected during construction.

         

                     3)      A six foot solid buffer wall shall be required per code for adjacent residential districts. The wall shall be of a decorative "split face" concrete masonry, decorative brick, wood or PVC or standard concrete masonry clad with painted stucco or other masonry veneer that is compatible with the adjacent area. When these materials are used for a visual screen, they shall conform to the architectural style, materials and color of the development. Wood fencing shall not be used. The wall shall include a continuous cap and end column features in applicable. The wall shall be placed a minimum of six (6) inches from the adjoining property line.

 

13.      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 or a legally created property owner’s association.  The City of Leesburg will not be responsible for the maintenance of any transportation improvements required of the developer.  The permittee shall establish an appropriate legal entity to pay the cost of maintaining transporta­tion improvements.

 

14.      ARCHITECTURE

          A.       All buildings shall have a common architectural theme for each phase (see conceptual elevations Exhibits C) and the side of buildings which face residential areas shall be finished in the same materials as used in the front of buildings.

         

          B.       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 each and 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 Unit 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 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”

Tropical Investments and Holdings, LLC

LEGAL DESCRIPTION

Alternate Key – 1171458

 

Approx. 30 Acres

Exhibit D

Conceptual 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