AGENDA MEMORANDUM

 

 

MEETING DATE:   October 8, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Teresa Williams/Beverly Ohnstad

 

 

Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) to CIP (Commercial/Industrial Planned).

           

Analysis:

The project site is approximately .59 acres.  The property is generally located at the northeast corner of West Main and North 15th Street, as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential). Currently, the property is developed with an historic single family house and the proposed use is a tea house café. The surrounding zoning designations are all City R-2 (Medium 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 Low Density Residential.

 

The existing land uses surrounding the property are single family houses, a church and undeveloped property.

         

Development of the parcel may require modifications 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:    10/18/07 12:06 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 .59 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF WEST MAIN AND NORTH 15TH STREET, LYING IN SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) TO CIP (COMMERCIAL/INDUSTRIAL PLANNED) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE (TERESA WILLIAMS/ BEVERLY OHNSTAD).

 

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

 

Section 1

 

Based upon the petition of Beverly Ohnstad (Teresa Williams), 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 R-2 (Medium Density Residential) to CIP (Commercial/Industrial Planned) subject to conditions contained in Exhibit A, to-wit:

 

Legal Description

(See Exhibit B)

 

Alternate Key Number: 1229685

 

 

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 #:061-1-092007                                                                                              EXHIBIT A

 

                                                                                                               

                                        SWEET TEA’S PANTRY (TERESA WILLIAMS)           

REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

                                          PLANNED DEVELOPMENT [b1] CONDITIONS

                                                              SEPTEMBER 6, 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 Sweet Tea’s Pantry (Teresa Williams), "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 .59 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.       PERMISSION

          Permission is hereby granted to Sweet Tea’s Pantry (Teresa Williams) 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 located at the northeast corner of West Main and North 15th 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 commercial uses shall be restricted to those uses approved specifically in the CIP                       conditions for the site.

1)       Uses shall be those listed as permitted uses and those limited by this CIP and shall occupy the approximate area as shown on the Conceptual Plan dated July 20, 2007.

                   

                    2)       Permitted Uses shall be as follows:

                              a.      Single-family dwelling

                              b.      Day care facility   

                              c.      General office, medical prohibited.

                              d.      Restaurant restricted to 30 seats and lunch only

                              e.      Retail sales and service restricted to uses compatible with the residential           character of the historic home and of a low intensity use such as art gallery, photo studio, antique sales, music lessons etc.   All activities shall be conducted within the building and shall operate only within the hours of 9:00A.M. to 7:00P.M.    

 

                    3)       Uses prohibited shall be as follows:

                              a.   All other uses not specifically listed which by intensity 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 sixty-five (65) percent of the gross site area.

 

         C.        Open Space

A minimum of thirty-five (35) 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 only be from North 15th Street adjacent to the west.

 

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 construct off-street parking spaces within the development as per the conceptual site plan and the 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Exhibit B

 

Legal Description

Sweet Tea’s Pantry

 

Parcel #1:        Lot 1, Block 15, JOHNSONS’ SUBDIVISION, City of Leesburg, Florida, as recorded in Plat Book 2 page 5, Public Records of Lake County, Florida.

 

AND

 

Parcel #2:        Lot  A, and the West 22 ½ feet of Lot B of BARCUS SUBDIVISION, located in  Leesburg, Florida, as recorded in Plat Book 4 page 20, Public Records of Lake County, Florida.

 

 

 

 

                                                                               

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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