AGENDA MEMORANDUM

 

 

MEETING DATE:   April 14, 2008

 

FROM:                       Bill Wiley, AICP, Interim Community Development Director

 

SUBJECT:                  Ordinance for Rezoning - Thomas Avenue, LLC/Ross Plumbing

 

 

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) and M-1 (Industrial) to CIP (Commercial/Industrial Planned).           

 

Analysis:

The project site is approximately 2.63 acres.  The property is generally located on the east side of Thomas Avenue, south of Harlem, as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential) and M-1 (Industrial).  Currently, the property is undeveloped, and the proposed use is a plumbing office and rental offices. The surrounding zoning designations are to the south and west M-1 (Industrial), and to the north and east R-2 (Medium Density Residential).

 

The proposed zoning district of CIP (Commercial/Industrial Planned) is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of Industrial.

 

The existing land uses surrounding the property are Bethel Baptist Church Property to the north, single family residential to the east, Foremost Fertilizer Plant to the south and Leware Construction to the west.

 

Development of the parcel shall require connection to City utilities at the owner’s expense.

 

The Planning Commission continued this case until their April 10, 2008 meeting in order to allow a meeting with the adjacent neighborhood. The Planning Commission requested  this case be kept on this agenda and their recommendation be presented at the City Commission meeting.

 

Options:        

1.   Approve the proposed rezoning 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:    4/9/08 6:29 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

 & Dan Miller, 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 2.63 ACRES GENERALLY LOCATED ON THE EAST SIDE OF THOMAS AVENUE, SOUTH OF HARLEM, LYING IN SECTION 28, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM DENSITY RESIDENTIAL) AND M-1 (INDUSTRIAL) TO CIP (COMMERCIAL/INDUSTRIAL PLANNED), SUBJECT TO CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. (ROSS PLUMBING)

 

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

 

Section 1

 

Based upon the petition of Thomas Avenue, LLC, 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) and M-1 (Industrial) to CIP (Commercial/Industrial Planned).zoning district, subject to conditions contained in Exhibit A, to-wit:

 

(See Exhibit A for Legal Description)

 

Alternate Key Number: 1773105 

 

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                                          , 2008.

 

THE CITY OF LEESBURG

 

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

 

 

 

 

 

 

CASE #:010-1-030608                                                                                              EXHIBIT A

 

                                                                       

                                        THOMAS AVENUE LLC/ROSS PLUMBING

REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)

                                       PLANNED DEVELOPMENT [b1] CONDITIONS

                                                                  MARCH 6, 2008

 

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 Thomas Avenue LLC/Ross Plumbing, "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" has submitted an application requesting a CIP (Commercial/Industrial Planned) zoning dis­trict to permit industrial and commercial uses on an approxi­mately 2.63 acre site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.

 

1.        PERMISSION

          Permission is hereby granted to Thomas Avenue LLC/Ross Plumbing 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 on the east side of Thomas Avenue, south of Harlem 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 herein, and pursuant to City of Leesburg development codes and standards.

A.             Uses shall be restricted to those uses approved specifically in the CIP conditions for this site.

                    1)       Uses shall be those listed as permitted uses in this document and shall          occupy                           the approximate area as shown on the Conceptual Plan dated November 5, 2007.

           

                    2)       Permitted Uses shall be as follows:

                              a.       Building trades and contractors business.

                              b.       Contractor storage of equipment and materials on site                                                                 c.       Contractor fabrication or           similar work on-site

                              d.       General office uses as specifically defined in Section 25-284-(7)(b)

e.        Sales and repair uses as specifically defined in Section 25-284-(7)(f)

f.        Accessory uses i.e. parking, retention and open space.                        

                             

                    3)       Uses prohibited shall be as follows:

                              a.      All other uses not specifically listed herein

          B.       [b5] Area  

The [b6] Impervious surface coverage for each site shall not exceed seventy (70) percent of the gross site area.

 

         C.        Open Space

A minimum of thirty (30) 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 shall be from one entrance on Thomas Avenue on the west side of the property.   Any other requested access points will be reviewed during the City of Leesburg Site Plan Application review process.

 

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, pursuant to 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 including but not limited to signalization or turn lanes shall be contingent upon site plan approval by City of Leesburg staff during development review/permit application.  All required transportation improvements shall comply with regulations of the City of Leesburg, Lake County, and/or the Florida Department of Transportation as applicable.

                   

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 including;

                     1)      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.

a.   Two (2) canopy trees

b.   Two (2) ornamental trees

c.   Thirty (30) shrubs

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

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

 

          B.     A six foot high solid wall or fence with landscaping shall be constructed along the eastern boundary of 40.25 feet (lying in a north/south direction), the northeastern boundary of 198.00 feet (lying in an east/west direction) and the far eastern 179.83 foot boundary of the property, and as seen on the attached site plan as Exhibit C. This will provide a complete visual buffer from the adjacent properties that are zoned under residential categories.

 

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.      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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B


EXHIBIT C                                                 SITE PLAN                            

 


 [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