MEETING DATE:   April 27, 2009


FROM:                       Bill Wiley, AICP, Community Development Director


SUBJECT:                  Ordinance for rezoning for The Cabinet Source from City C-2 (Community Commercial) to City SPUD (Small Planned Unit Development)



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City C-2 (Community Commercial) to City SPUD (Small Planned Unit Development).



The project site is approximately 1.09 acres.  The property is generally located on the southwest corner of W. Main Street and S. 12th Street as shown on the attached General Location Map. The present zoning for this property is City C-2 (Community Commercial).  The previous use of the property was a retail establishment specializing in home and commercial security systems and the proposed use is for retail, wholesale and fabrication facility for cabinets and countertops.  The surrounding zoning designations are City C-2 (Community Commercial) & C-3 (Highway Commercial) to the north and south, C-2 (Community Commercial) to the east and C-3 (Highway Commercial) to the west.  The surrounding future land use designations are General Commercial to the north, south, east and west.


The proposed zoning district of City SPUD (Small Planned Unit Development) is compatible with the adjacent and nearby properties in the area and with the existing future land use designations of General Commercial.


The existing land uses surrounding the property are a church and gas station to the north, commercial to the south, retail to the east and retail and commercial to the west.


The property is connected to City utilities.


By a vote of 5 to 0 on March 19, 2009, the Planning Commission voted to recommend approval.



1.         Approve the proposed rezoning to City SPUD (Small Planned Unit Development) thereby allowing consistent zoning and development standards for this 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:    4/23/2009 9:02 AM____


Department: Community  Development _

Prepared by:  Bill Wiley, AICP _                     

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____



Revised 6/10/04


Reviewed by: Dept. Head __BW____


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________








































Section 1


Based upon the petition of Barbara Griffith, the petitioner 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-2 (Community Commercial) to City SPUD (Small Planned Unit Development) zoning district subject to conditions contained in Exhibit A, to-wit:


(See Exhibit B for Legal Description)


            Alternate Key Number: 1264201



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                                          , 2009.




By: _________________________________




City Clerk







CASE #: 009-1-031909                                                                                             EXHIBIT A



                                                         THE CABINET SOURCE


                                       PLANNED DEVELOPMENT CONDITIONS

March 19, 2009


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 Barbara Griffith, "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 a retail, wholesale and fabrication facility for cabinets and countertops as permitted by these conditions on an approxi­mately 1.09+/- acres site with­in the City of Leesburg in accordance with their Planned Development application and supplemental information.



          Permission is hereby granted to Barbara Griffith 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 on the southwest corner of West Main Street and South 12th Street.  The property is more particularly described as shown in the attached legal description below.



          See attached legal Exhibit B


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.             Uses

                    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 February 19, 2009.


                    2)       Permitted Uses shall be as follows:

                              a.       Commercial uses shall be those listed for the SPUD (Small Planned Unit Development) uses in the Land Development Code as a permitted uses including retail, wholesale and fabrication facility for cabinets and countertops only for the approximate area as shown on the Conceptual Plan dated February 19, 2009.


          B.       Uses prohibited shall be as follows:

                              a.      All uses not permitted by the SPUD (Small Planned Unit Development) except for a fabrication facility for cabinets and countertops.

                              b.      convenience store with or without gas pumps

                              c.      recreation uses - indoor and outdoor

                              d.      bars and lounges

                              e.      clubs and lodges

                              f.       package stores

                              g.      places of worship

                              h.      educational facilities

                              i.       transient accommodations

                              j.       crematoriums and funeral parlors

                              k.      vehicle repair, service and sales


          C.       Area  

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 West Main Street and S. 12th Street. If additional access is requested, approval shall be subject to the City of Leesburg SPUD amendment and Site Plan Application review process.



          A.      The minimum development standards shall be those required for the SPUD district except as amended by these conditions.


B.           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.


C.          No outdoor storage areas shall be permitted. 


D.         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.


6.       PARKING

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. 


7.       WETLANDS

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).



          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.



          A.      All landscaping and buffering shall be in accordance with regulations con­tained within the City of Leesburg Code of Ordinances except as provided under these conditions.


           B.       Variations to the landscape requirements of the code may be approved by the Community Development Director because of the existing development of the property as long as the intent of the        PUD and the Landscaping Code are maintained.



                   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 C-2 (Community Commercial) and C-3 (Highway Commercial) or another appropriate zoning classification less intense than the development permitted by these SPUD 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.


           F.      A noise/vibration/dust study by the applicant may be required if reoccurring formal written complaints related to noise/vibration/dust are received by the City. The applicant shall have the right to a hearing on the requirement for the referenced study before Planning Commission if they believe the complaints are not valid.


           G.     The operation of machinery or equipment involved in fabrication for cabinets and countertops shall be restricted to between the hours of 7:00 p.m. and 7:00 a.m. if such operation produces excessive, unnecessary, unreasonably loud noise or disturbance, or any noise or disturbance which disturbs, destroys, or endangers the comfort, health, peace, or safety of others beyond two hundred (200) feet of their property. Recurring formal written complaints from residential areas related to noise or other disturbances emanating from the operation between 7:00 p.m. and 7:00 a.m. shall be considered prima facie evidence in support of restricting the hours of operation to only permit operation between 7:00 a.m. and 7:00 p.m. The owner shall have seven (7) days to demonstrate that adequate measures have been taken to alleviate the source of the disturbance which gave rise to the recurring complaints. If in the opinion of the Community Development Director, the disturbances have not been corrected, the owner will be scheduled for the next available Planning Commission meeting to determine the appropriate action necessary to alleviate the disturbance.



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.

A.       Utilities


           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.

LEGAL DESCRIPTION                                                                                       EXHIBIT B





CONCEPTUAL SITE PLAN                                                                               EXHIBIT C