AGENDA MEMORANDUM

 

 

MEETING DATE:   May 29, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for C & S Industries (Central Hydraulics)

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City C-2 (Community Commercial) and M-1 (Industrial) to CIP (Commercial/Industrial Planned).

           

Analysis:

The project site is approximately 3.2 acres.  The property is generally located at the southeast corner of Thomas Avenue and Carver Drive, as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial) and M-1 (Industrial). Currently, the property use is commercial and industrial and the proposed use is continued commercial and industrial use. The surrounding zoning designations are to the north and east City M-1 (Industrial), and to the south and west R-1 (Low Density Residential).

                                                    

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 GC (General Commercial) and I (Industrial).

 

The existing land uses surrounding the property are single family residential, undeveloped property, convenience store and Ameri-Gas Propane.

         

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.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There is no fiscal impact to the City.

 


Submission Date and Time:    5/25/07 8:42 AM____

 

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

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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 3.2 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THOMAS AVENUE AND CARVER DRIVE, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY C-2 (COMMUNITY COMMERCIAL) AND M-1 (INDUSTRIAL) 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 C & S Industries (Central Hydraulics), 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 C-2 (Community Commercial) and M-1 (Industrial) to CIP (Commercial/Industrial Planned) subject to conditions contained in Exhibit A, to-wit:

 

Legal Description

(See Exhibit B)

 

Alternate Key Number: 1200253 and 3809687

 

 

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                                          , 2007.

 

 

THE CITY OF LEESBURG

 

 

By: _________________________________

            Mayor

ATTEST:

 

 

___________________________________ 

City Clerk

 

 

 

CASE #: 026-1-051707                                                                                   EXHIBIT A

 

CENTRAL HYDRAULICS, INCORPORATED

REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

PLANNED DEVELOPMENT CONDITIONS

APRIL 19, 2006

 

These Planned Development Conditions for a CIP (Commercial/Industrial Planned) district are granted by the City of Leesburg Planning Commission, Lake County, Florida to C&S Industries “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 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 3.21 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information. Permittee is currently engaged in the sale, distribution and remanufacture of hydraulic pumps, fittings, hoses and fluids for heavy equipment, and wishes to expand its current operations.

 

1.       PERMISSION

          Permission is hereby granted to C&S Industries 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 east of Thomas Avenue, north of Montclair Road and south of Carver Drive.. The property is more particularly described as shown in the attached legal description below.

 

2.       LEGAL DESCRIPTION

          See attached legal Exhibit B

 

3.       LAND USES

The above described property shall be used for uses described in the CIP (Commercial/Industrial Planned) zoning classification as limited by this agreement, pursuant to City of Leesburg development codes and standards.

 

          A.      Permitted Uses

           1)      Commercial/industrial uses shall be those listed for the CIP uses (See Schedule) in the Code of Ordinances except as limited by this CIP and shall occupy the approximate area as shown on the Conceptual Development Plan dated April 12, 2007.

                             

          B.       Prohibited Uses

                    1)       indoor and outdoor recreation

                    2)       bars and lounges

                    3)       clubs and lodges

                    4)       crematoriums

                    5)       package stores

                    6)       educational facilities

                  7)       off site parking unless specifically approved as an amendment to this CIP

8)       outdoor kennels

9)       package store

10)     truck stops

11)     heavy industrial uses

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

 

          C.       Area  

The impervious surface coverage for the entire Planned Development shall not exceed eighty (80) percent of the gross site area.

 

         D.       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 the west via one access point along Thomas Avenue and from the north along Carver Drive. The types, number and specific locations of access points shall be reviewed during the site plan 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 or one-half (2 1/2) stories as measured from the first floor, finished floor level on the site. Maximum height calculation shall include all architectural design features of the building(s).

 

7.       PARKING

A.             The permittee shall construct off-street parking spaces within the site 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.        If required, 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 site 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.     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 CIP 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 CIP 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 forth.

 

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 CIP are necessary.

                             

 G.     The proposed project may be constructed in phases in accordance with the Conceptual Development Plan dated April 12, 2007, (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 another appropriate zoning classification less intense than the development permitted by these PD Conditions. 

 

15.       CONCURRENCY

            Should the proposed development result in demands on public facilities which exceed the current capacity of facilities, such as but not limited to roads, sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities, the permittee shall be responsible for paying all costs associated with upgrading said infrastructure to serve the development as herein proposed or amended.

 

 

 

 

 

 

 

 

 

 

Exhibit B

 

LEGAL DESCRIPTION

 

 

                                                                               

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conceptual Site Plan                                       Exhibit C