The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City C-3 (Highway Commercial) and M-1 (Industrial) to CIP (Commercial Industrial Planned).
The project site is approximately 5.56 acres. The property is generally located on the north side of West Main Street, west of Weber Avenue, as shown on the attached General Location Map. The present zoning for this property is C-3 (Highway Commercial) and M-1 (Industrial). Currently, the eastern portion of the property is an industrial office and warehouse (Paqco), and the western portion is undeveloped. The surrounding zoning designations are to the north County A (Agriculture) & M-1 (Industrial); to the south C-3 (Highway Commercial); to the east M-1 (Industrial) and to the west C-3 (Highway Commercial).
The proposed zoning district of CIP (Commercial Industrial Planned) is compatible with adjacent and nearby properties in the area and with the current City future land use designations of County Urban & Industrial.
The existing land uses surrounding the property are industrial warehouses, offices, and undeveloped property.
Development of the western parcel shall require connection to the City utilities at the owner’s expense.
By a vote of 6 to 0, the Planning Commission recommended approval.
1. Approve the proposed rezoning to CIP (Commercial Industrial Planned), thereby allowing consistent zoning and development standards for the area.
2. Other such action as the Commission may deem appropriate.
There is no fiscal impact to the City.
Department: Community Development
Prepared by: Bill Wiley, AICP
Dan Miller, AICP
Attachments: Yes__X__ No ______
Advertised: ____Not Required ______
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 5.56 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF WEST MAIN STREET, WEST OF WEBER AVENUE, LYING IN SECTIONS 28, 29, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY C-3 (HIGHWAY COMMERCIAL) AND M-1 (INDUSTRIAL) TO CIP (COMMERCIAL INDUSTRIAL PLANNED) SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE (PAQUETTE).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Based upon the petition of Jay Paquette, 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-3 (Highway Commercial) and M-1 (Industrial) to CIP (Commercial Industrial Planned), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit A)
Alternate Key Numbers: 1700884 and 2868074
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 , 2008.
THE CITY OF LEESBURG
CASE #: 083-1-120607 EXHIBIT A
JAY PAQUETTE/PAQUETTE DEVELOPMENT GROUP, LLC.
REZONING TO CIP (COMMERCIAL / INDUSTRIAL PLANNED)
PLANNED DEVELOPMENT CONDITIONS
DECEMBER 6, 2007
These Planned Development Conditions for a CIP (Commercial/Industrial Planned) district are granted by the City of Leesburg Planning Commission, Lake County, Florida to Jay Paquette/Paquette Development Group, 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 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 5.56 acre site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Jay Paquette/Paquette Development Group, LLC. to construct, operate, and maintain a CIP (Commercial/Industrial Planned) development in and on real property in the City of Leesburg. The property is located generally at the northwest corner of C.R.44 and Weber Avenue. 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 CIP (Commercial/Industrial Planned) uses as limited, pursuant to City of Leesburg development codes and standards.
A. All 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 Site Plan dated November 9, 2007.
1) Permitted Uses shall be as follows:
a. Vehicle and Equipment Parking and Storage.
b. Shop Facility for vehicle and equipment repair.
c. 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.
The 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 northwestern parcel (Lake County Alternate Key 3852030) shall be based on the site plan dated November 9, 2007, which indicates access from the adjacent property to the southeast (Lake County Alternate Key 2868074). Access from this point shall require an access agreement with the owner of the property adjacent to the west, (Charlene M. Nelson O.R. Book 2288, Page 2289 – Lake County Alternate Key 1087732). If no access easement agreement can be reached for using this location, an access may come from the south, from C.R.44 to the northwestern parcel using an access agreement as noted above referenced property, (alt key 1087732).
B. All other site access issues will be reviewed during the site plan review stage of the development.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the CIP district except as amended by these conditions.
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.
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 storm water 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.
A. Any transportation improvements shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application.
B. Any issues with regard to easement access to adjacent properties shall be resolved and reviewed by the City Attorney prior to the approval of the preliminary site plan.
10. LANDSCAPING AND BUFFER REQUIREMENTS
A. Each property line along the northwest parcel (alt key 1700884) shall have a ten (10) foot landscape buffer with an eight (8) foot solid decorative fence with landscaping, except for access points as provided by the site plan. 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.
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/IMPLEMENTATION
A. The proposed project may be constructed in phases in accordance with the conceptual Site Plan dated November 9, 2007, and attached as part of these conditions. Changes to this proposed development, 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 this zoning classification have not been substantially initiated during the required time period, this agreement shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting.
13. MISCELLANEOUS CONDITIONS
A. The uses of the proposed project shall only be those uses identified in the approved conditions noted in this agreement. 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 this agreement 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.
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.
1. Projected Capacities
a. The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant. The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance.
b. The development will require construction of new distribution mains, since existing facilities in the service area are not adequate. Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction. Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications.
c. The City is in the process of Consumptive Use Permit renewal. The application provides for anticipated demands due to this and other potential development
B. Commitment of Capacity
There are no previous commitments of any existing or planned excess capacity.
C. Ability to Provide Services
1. The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future.
2. The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process. Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development.
3. The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements.