The Planning Commission recommends approval of the proposed rezoning for the subject property from City R-3 (High Density Residential) to City C-3 (Highway Commercial). However, Planning staff recommends the property be rezoned to a SPUD (Small Planned Unit Development) as per the attached conditions to restrict some uses from the property that are not conducive to the City’s redevelopment efforts in this CRA area.
The project site is approximately .65 acres. The property is generally located east of North Faulkner Avenue and south of East North Boulevard as shown on the attached General Location Map. The present zoning for this property is City R-3 (High Density Residential). Currently, the property is a church, and the proposed use is a professional office. The surrounding zoning designations are C-3 (Highway Commercial) to the north and west, and R-3 (High Density Residential) to the south and east.
The staff proposed zoning district of City Small Planned Unit Development SPUD is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of General Commercial.
The existing land uses surrounding the property are commercial, professional office, single family residential and undeveloped properties.
Development of the parcel shall require connection to City utilities at the owner’s expense.
By a vote of 6 to 0, the Planning Commission voted to recommend approval of the C-3 (Highway Commercial) understanding that the staff and City Commission were working with the applicant for a SPUD (Small Planned Unit Development) rezoning.
1. Approve the proposed rezoning to SPUD (Small Planned Unit Development), thereby allowing consistent zoning and improved development standards for the area.
2. Other such action as the Commission may deem appropriate.
There will be a positive fiscal impact to the City with this application with the removal of the tax exempt status of the property as a professional office.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X__ No ______
Advertised: __X__Not Required ______
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head ___BW_____
Finance Dept. ___________JB_____
Deputy C.M. ________EFS________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY .65 ACRES GENERALLY LOCATED EAST OF NORTH FAULKNER AVENUE AND SOUTH OF EAST NORTH BOULEVARD, LYING IN SECTION 25, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-3 (HIGH DENSITY RESIDENTIAL) TO CITY SPUD (SMALL PLANNED UNIT DEVELOPMENT) 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:
Based upon the petition of Vineyard Christian Fellowship, Inc., 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-3 (High Density Residential) to City SPUD (Small Planned Unit Development), subject to conditions contained in Exhibit A, to-wit:
(See Exhibit A for Legal Description)
Alternate Key Number: 3784717
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 #:078-1-111308 EXHIBIT A
VINEYARD CHRISTIAN FELLOWSHIP
REZONING TO SPUD (SMALL PLANNED UNIT DEVELOPMENT)
PLANNED DEVELOPMENT CONDITIONS
November 14, 2008
These Planned Development Conditions for a SPUD (Small Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Leesburg Church of God in Christ, "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" has submitted an application requesting a SPUD (Small Planned Unit Development) zoning district to permit professional offices with accessory uses and other commercial uses as permitted by these conditions on an approximately .65 acre site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Vineyard Christian Fellowship to operate, and maintain a SPUD (Small Planned Unit Development) development in and on real property in the City of Leesburg. The property is generally located east of North Faulkner Avenue and south of east North Boulevard. The property is more particularly described as shown in the attached legal description below.
2. LEGAL DESCRIPTION
See attached legal Exhibit C
3. LAND USES
The above-described property shall be used for SPUD (Small Planned Unit Development) uses as limited herein, and pursuant to City of Leesburg development codes and standards.
A. Permitted Uses shall be as follows:
1) Commercial uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code (See attachment B) in addition to medical facilities except as limited by this SPUD for the approximate area as shown on the Conceptual Plan dated November 18, 2008.
B. Uses prohibited shall be as follows:
2) group living
3) community service
4) day care
5) educational facilities
6) social service institutions
7) recreation uses - indoor and outdoor
8) self-service storage
9) truck stop
10) industrial uses
11) warehouse and freight movement
12) waste-related service
13) bars and lounges
14) clubs and lodges
15) package stores
16) crematoriums and funeral parlors
17) vehicle sales and leasing
The Impervious surface coverage for this site shall not exceed eighty (80) percent of the gross site area.
D. 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 is currently from US 441/ East North Boulevard and N. Faulker Ave. to the west. If additional access is requested, approval shall be subject to the City of Leesburg SPUD amendment and Site Plan Application review process.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the SPUD district except as amended by these conditions.
A. All operations shall be carried on entirely within an enclosed structure, except as permitted under accessory uses of Section 25-284, City of Leesburg Code of Ordinances, as amended.
B. No outdoor storage areas shall be permitted.
C. Areas of property not occupied by structures or paving shall be grassed, landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.
A. The permittee shall have off-street parking spaces within the property 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.
A. Wetlands shall comply with the following requirements. 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 removal, renovation or demolition of any existing development on the site, 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.
A. Development of the property shall require a traffic study for potential transportation improvements such as but not limited to signalization, signage or turn lanes. Any required improvements shall be contingent upon the 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, the Florida Department of Transportation and the MPO review, as applicable.
B. The Permittee shall provide all necessary improvements/paving/turn lanes/right-of- way/signalization within and adjacent to the development including but not limited to right-of-way as required by Lake County or the City of Leesburg.
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.
A. With the exception of public utilities and sidewalks, maintenance of all site improvements, including but not limited to drives, internal sidewalks, landscaping and drainage shall be the responsibility of the owner.
12. DEVELOPMENT PHASING
A. The proposed project may be constructed in phases in accordance with the Small Planned Unit Development Conditions and Conceptual Plan. 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 36 months of approval of this Planned Development. In the event, the conditions of the SPUD have not been substantially implemented during the required time period, the SPUD 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 SPUD approval or rezone the property to R-3 (High Density Residential) or another appropriate zoning classification less intense than the development permitted by these SPUD Conditions
13. DESIGN REQUIREMENTS
A. Exterior building materials contribute significantly to the visual impact of a building on the community. They shall be well designed and integrated into a comprehensive design style for the project. New buildings, changes of twenty-five percent (25%) or more to existing buildings or the site shall require that the total exterior wall area of each building elevation be composed of one of the following:
1) At least thirty-five percent (35%) full-width brick or stone (not including window and door areas and related trim areas), with the balance being any type of lap siding and/or stucco.
2) At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option.).
3) All textured stucco, provided there are unique design features such as recessed garages, tile or metal roofs, arched windows etc. in the elevations of the buildings or the buildings are all brick stucco. Unique design features shall be reviewed by the Community Development Director for compliance
B. Other Features
1) Metal building shall be prohibited.
2) Other similar design variations meeting the intent of this section may be approved at the discretion of the Community Development Director.
14. 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 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 SPUD 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 SPUD 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.
As submitted, the proposed zoning change does not appear to 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 (site plan and 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.
DISTRICT USE REGULATIONS EXHIBIT B
Sec. 25-284. District use regulations.
The following uses categories are not zoning districts. These categories group uses for regulatory purposes. The names of some use categories (for example "commercial" may be similar to names for zoning districts (such as "neighborhood commercial").
(1) Approach to categorizing uses. The use categories found in the use table are set forth in this section. Any use not specifically set forth in this section is expressly prohibited, unless the planning and zoning manager or designee determines that the use is similar to a permitted use in accordance with this section. Where such similar permitted use is subject to limited use standards or conditional use approval, the proposed use shall also be subject to such standards or approval.
(2) Use table key--Types of uses.
a. Uses permitted by right (P). A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable requirements of these regulations.
b. Uses permitted as administrative limited uses (L). An "L" indicates a use that will be permitted subject to the use limitations in section 25-339 L's are uses that require the approval of the planning and zoning manager and the conditions expressed in section 25-339. Administrative limited uses are subject to all other applicable requirement of these regulations, including the additional standards contained in section 25-339, except where expressly modified by the planning and zoning manager as part of the administrative limited use approval. A sign is required to be posted on property informing public of request for limited use. Request granted, granted with modifications, deferred for additional information, or denied by staff within ten (10) days if no written objections stating reasons for objections are received from interested parties. If written objection received, request is scheduled for consideration by planning commission's next scheduled meeting.
c. Uses permitted as conditional uses (CU). A "CU" indicates a use that is allowed only where approved as a conditional use by the city planning commission. Conditional uses are subject to all other applicable requirements of these regulations, including the additional standards contained in section 25-285, except where expressly modified by the commission as part of the conditional use approval.
d. Uses not allowed. A blank cell in the use table indicates that a use is not allowed in the respective district.
LEGAL DESCRIPTION EXHIBIT C
That part of the West 162.5 feet of the North 528 feet of Government Lot 1, in Section 25, Township 19 South, Range 24 East, in the City of Leesburg, lying South of the Southerly line of the Right of Way of U.S. Highway No. 441, SUBJECT TO AND TOGETHER WITH all rights in and to that certain easement agreement recorded in Official Records Book 773, Page 787, Public Records of Lake County, Florida.
EXHIBIT D CONCEPTUAL SITE PLAN