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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____
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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 ___________________ |
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
