AGENDA MEMORANDUM

 

 

MEETING DATE:   August 13, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Donald C. and William B. Wright/Executive     Cars, Inc.

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from County RP (Residential Professional) to CIP (Commercial/Industrial Planned).

           

Analysis:

The project site is approximately .81 acres.  The property is generally located north of U.S. 441 and west of Stewart Avenue, as shown on the attached General Location Map. The present zoning for this property is County RP (Residential Professional). Currently, the property is undeveloped property and the proposed use is vehicle parking and water retention. The surrounding zoning designations are to the north County RP (Residential Professional), south City C-3 (Highway Commercial), east City PUD (Planned Unit Development), and to the west County R-1 (Rural Residential).

                                              

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 General Commercial.

 

The existing land uses surrounding the property are undeveloped and auto dealership uses.

         

Development of the parcel may require connection to the 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:    8/24/07 5:26 PM____

 

 

 

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 .81 ACRES GENERALLY LOCATED NORTH OF U.S. 441 AND WEST OF STEWART AVENUE, LYING IN SECTION 15, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY RP (RESIDENTIAL PROFESSIONAL) 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 Donald C. and William B. Wright/Executive Cars, Inc., the owners 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 RP (Residential Professional) to CIP (Commercial/Industrial Planned) subject to conditions contained in Exhibit A, to-wit:

 

Legal Description

(See Exhibit B)

 

Alternate Key Number: 1232481

 

 

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 #:042-1-060707                                                                                                 EXHIBIT A

 

  DONALD C. AND WILLIAM B. WRIGHT/EXECUTIVE CARS, INC.  

REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)

                                          PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                    JUNE 21, 2007

 

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 Donald C. and William B. Wright/Executive Cars, Inc., "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 approxi­mately a .81 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Donald C. and William B. Wright/Executive Cars, 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 north of U.S. 441 and west of Stewart Avenue. 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 and shall             occupy the approximate area as shown on the                                   Conceptual Plan.

                    1)       Permitted Uses shall be as follows:

                              a.       Vehicle Parking/Storage                    

                              b.       Associated uses such as water retention ponds and buffering

                    2)       Uses prohibited shall be as follows:

          a.       All uses not specifically listed as Permitted Uses in 3.A.1) above.

         

          B.       [b5] Area  

The [b6] Impervious surface coverage for each site 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.      Access to the property site, shall be from the internal adjacent dealership to the south (Executive Cars) only unless additional access if required for emergency access.

 

5.       DEVELOPMENT STANDARDS

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

 

6.       PARKING

A.             The permittee shall, if applicable, 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.       Each property line shall have a ten (10) foot landscape buffer with an eight (8) foot decorative fence with landscaping. The exact location of the fence shall be determined after reviewing the location of existing trees that may be incorporated into the buffer area.

 

          B.        All other landscaping and buffering shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances as follows:

 

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

                     1)      Two (2) canopy trees

2)      Two (2) ornamental trees

3)      Thirty (30) shrubs

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

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

 

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.    DEVELOPMENT PHASING

         A.       The proposed project may be constructed in phases in accordance with the Planned Development Master Plan dated March 13, 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.

        

         B.        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 RP (Residential/Professional) or another appropriate zoning classification less intense than the development permitted by these PD Conditions. 

 

13.    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 Unit 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 each and every condition herein set out.

 

13.    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.

 

 

 

Text Box: Exhibit B
Legal Description

                                                                Conceptual Site Plan                                          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