Item No: 5C.
Meeting Date: July 9, 2012
From: Bill Wiley, AICP, Community Development Director
Subject: Ordinance amending the zoning for Colored Aggregate Systems, Inc. property from City PUD (Planned Unit Development) to City amended PUD to allow for development condition changes (Previously Recyclable 100)
The Planning staff and the Planning Commission recommend approval of the proposed amended zoning for the subject property from City PUD (Planned Unit Development) to City amended PUD.
The purpose of the proposed amendments are to revise some operating conditions necessary for the continued operation of the facility such as additional outside equipment and storage with additional screening and to address some concerns of the adjacent residential area, Arlington Ridge. Other items include changing the temporary fence to a permanent PVC fence that meets wind code and lowering the required height of the storage enclosures to eight from ten feet.
The project site is approximately 11.37 acres. The property is generally located on the west side of Haywood Worm Farm Road, south of Rogers Industrial Park Road and north of the Arlington Ridge Subdivision, as shown on the attached General Location Map. The present zoning for this property is City PUD (Planned Unit Development). Currently, the property is used as an aggregate processing facility with associated uses and the proposed use is to continue the aggregate processing facility. The surrounding zonings of adjacent properties are County HM (Heavy Industrial) and County MP (Planned Industrial) on the north, City PUD (Planned Unit Development) on the south and east, and County HM (Heavy Industrial) on the west. The existing Land Use designation for the subject property is Lake County Urban Expansion.
The amended zoning district of City PUD (Planned Unit Development) as conditioned is compatible with the adjacent and nearby properties in the area and with the proposed future land use designation of City Industrial and would be a continuation of the activities previously approved for the project..
The existing land uses surrounding the property are industrial uses (Covanta Energy), single family homes and Arlington Ridge maintenance facility uses.
The development currently does not have City utilities except for gas.
By a vote of 4 to 0 on June 21, 2012, the Planning Commission voted to recommend approval of the amended zoning.
1. Approve the proposed amended zoning of City PUD (Planned Unit Development) as conditioned thereby allowing consistent zoning and development standards for this area.
2. Other such action as the Commission may deem appropriate.
There is a positive fiscal impact to the City through the continued operation of this industrial facility.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head __BW_____
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 11.37 ACRES GENERALLY LOCATED ON THE WEST SIDE OF HAYWOOD WORM FARM ROAD, SOUTH OF ROGERS INDUSTRIAL PARK ROAD AND NORTH OF THE ARLINGTON RIDGE SUBDIVISION, LYING IN SECTION 22, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY PUD (PLANNED UNIT DEVELOPMENT) TO CITY AMENDED PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (Colored Aggregate Systems, Inc. previously Recyclable 100)
BE IT ENACTED
BY THE PEOPLE OF THE CITY OF
Based upon the petition of Colored Aggregate Systems, Inc, 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 PUD (Planned Unit Development) to an amended PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A, to-wit:
(See EXHIBIT B)
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 , 2012.
THE CITY OF
CASE #: PUD-12-47 EXHIBIT A
(Previously Recyclable 100 #: 042-1-102110)
COLORED AGGREGATE SYSTEMS, INC.
PLANNED DEVELOPMENT CONDITIONS
January 20, 2011
Revised February 17, 2011
Revised June 20, 2012
These Planned Development Conditions for a PUD (Planned Unit Development) District are granted by the City of Leesburg Planning Commission, Lake County, Florida to Colored Aggregate Systems, Inc. (previously Recyclable 100, Inc.), “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 PUD (Planned Unit Development) zoning district to permit industrial uses on an approximately 11.37 acres site within the City of Leesburg in accordance with their Planned Development application and supplemental information.
Permission is hereby granted to Colored Aggregate Systems, Inc. to operate and maintain a PUD (Planned Unit Development) in and on real property in the City of Leesburg. The property is generally located on the west side of Haywood Worm Farm Road, south of Rogers Industrial Park Road and north of Arlington Ridge Subdivision. 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 PUD (Planned Unit Development) uses as limited herein, and City M-1 Industrial District uses as per Sec. 25-284 District Use Regulations pursuant to City of Leesburg development codes and standards.
1) Uses shall be those listed as permitted uses in this document and shall occupy the approximate area as shown on the Conceptual Plan (See Exhibit D) dated January 13, 2011.
2) Permitted Uses shall be as follows:
a. M-1 Industrial District uses (See Exhibit C)
b. Aggregate processing plant and associated uses.
c. Office uses in conjunction with aggregate processing plant.
d. Vehicular parking in conjunction with the above uses.
e. Wholesale sales
as an accessory use only no and retail sales
3) Uses prohibited shall be as follows:
a. All other uses not specifically permitted by reference herein.
The Impervious surface coverage for this 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 property is currently available from the adjacent Haywood Worm Farm Road. With respect to the existing access point, if additional access is requested, approval shall be subject to the City of Leesburg Planned Development process.
5. DEVELOPMENT STANDARDS
A. The minimum development standards shall be those required for the PUD district except as amended by these conditions.
B. All operations shall be carried on entirely within an enclosed structure, except as permitted under these conditions or as accessory uses of Section 25-284, City of Leesburg Code of Ordinances, as amended.
C. Outdoor storage areas shall be completely screened from adjacent properties.
D. Areas of property not occupied by structures or paving shall be grassed and landscaped and maintained in accordance with City of Leesburg Code of Ordinances, as amended.
A. The permittee shall construct off-street parking spaces within the development 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.
do not appear to exist on the site. However, 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
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
A. Development of the property requires a traffic review by the Lake-Sumter Metropolitan Planning Organization. A review of the transportation impacts of the proposed project was completed by Pamela Richmond, Project Manager, Lake-Sumter Metropolitan Planning Organization, in a Technical Memorandum Recyclable 100, Inc. Project dated January 13, 2011 (Exhibit F). The results determined that “A comparison of each segment’s available capacity to the project trips assigned to each segment shows sufficient capacity exists to accommodate all traffic generated by this project and the project meets concurrency requirements.” Therefore, the project meets the City of Leesburg transportation requirements as determined by the MPO.
B. If future redevelopment of the property is desired, any transportation improvements including but not limited to signalization, signage 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, MPO and/or the Florida Department of Transportation, as applicable.
10. LANDSCAPING AND BUFFER REQUIREMENTS
A. An open natural buffer area of approximately 175 foot width shall remain south of Phase 1 to the southern property line boundary of the property between the plant operations on the north half of the property and the adjacent Arlington Ridge subdivision on the south until development of Phase 2 (See E below).
buffer area along the southern boundary of Phase 1 shall contain existing
as well as
four additional trees to be planted in the open areas between the
existing trees. Trees shall be a minimum of six inch DBH and eighteen feet in
height or 100 gallon whichever is larger.
C. An eight foot high solid decorative PVC or
fiber glass panel
fence with decorative posts, top rails and caps as seen on Exhibit E shall replace the existing fiber glass
panel fence be
constructed along the southern boundary of Phase 1 as follows:
1) Buffer shall be adjacent to the north
boundary of the “open natural buffer area”
and extend west 300 feet to buffer all equipment and open
the road to
the existing tree line along the southern boundary of Phase 1 as seen on the
attached site plan Exhibits D and E. This will provide a visual buffer from the
adjacent residential Arlington Ridge subdivision property. The eastern 300 foot section of
the PVC or wood
fence will be installed by September 30, 2012 and the remainder of
approximately 360 feet of PVC or wood fence along the southern boundary
of Phase 1 shall be installed by December 31, 2012. The referenced fence shall
require a Build Permit and meet wind zone requirements of the code.
The existing equipment stored in
the buffer area will be removed by July 31, 2011
E. As part of Phases 2 and 3 of the project, a fifty (50) foot wide vegetative landscaped buffer shall be required along the southern boundary of the project. The buffer shall retain existing healthy trees, shrubs and ground cover and shall include additional plantings where needed as provided in “G” below and per Exhibit D and E.
F. In addition, as part of Phases 2 and 3, the development of the buffer shall include an eight (8) foot high solid decorative wall with decorative posts and wall caps which matches the Arlington Ridge Subdivision wall design and colors, where feasible, and which meets the requirements of the Acoustical Consulting and Noise Control Study shall be installed along the southern property line of the development as a visual buffer to adjacent residential properties (See Exhibit H).The exact location of the wall shall be determined after reviewing the location of existing trees that may be incorporated into the buffer area. The area between the wall and the property line shall remain in its natural vegetative state (existing trees, ground cover, vegetation etc.) and shall be protected during any construction. The remaining area between the wall and the project shall be landscaped per G. below
G. 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:
1) For each fifty (50) linear feet, or fraction thereof of boundary, the following plants shall be provided in accordance with the planting standards and requirements of the Land Development Code.
a. Ten (10) canopy trees
existing trees on site in future development
b. Eight (8) 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.
f. New landscape trees shall be at a minimum of six inch DBH and eighteen feet in height or 100 gallon for canopy and 65 gallon for ornamental trees and shall be planted to meet buffer requirements.
2) Existing vegetation in the required buffer shall be protected during any construction and given credit for landscaping requirements.
H. Required fencing, walls and buffers shall be constructed as required for each Phase.
I. Variations to the landscape requirements of the code may be approved by the Community Development Director 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. OPERATIONAL REQUIREMENTS
A. The applicant shall not, in the course of conducting any commercial or industrial activity, make or cause to be made a noise//vibration/dust disturbance which disturbs, destroys, or endangers the comfort, health, peace, or safety of others within any residential districts. Maintenance of equipment including but not limited to roller, motor bearings, belts etc. shall be regularly conducted once a month or when any increase in noise occurs to keep operating noise at a minimum. Machinery operating noises shall be reduced where possible by the installation of noise deflectors, baffles, absorbers etc. to decrease potential noise to residential areas. Without limitations, the commission of one or more of the acts enumerated in this paragraph shall be deemed a violation of this PUD Conditions.
B. The applicant shall be subject to Section 12-19 Regulation of Public Nuisances of the City of Leesburg Code of Ordinances, and to the Acoustical Consulting and Noise Control study prepared by Quietly Making Noise, LLC as provide in Exhibits G and H.
C. The operation of machinery or equipment involved in production including truck noises and horns, backup beepers shall be restricted per these PUD Conditions 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 the boundary of their property. Recurring formal written complaints received from multiple complainants in residential areas related to noise or other disturbances emanating from the operation shall be reviewed by City staff to determine compliance with PUD Conditions. If conditions are determined to be a violation, 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 and/or shall be scheduled through Code Enforcement for a hearing..
D. The operation of machinery or equipment for production shall be restricted to the interior of buildings, except for the use of forklifts etc. to receive and ship products from the production area and the existing small hopper and conveyor located at the base of the silo. Such receiving and shipping areas that are visibly from the street and adjacent residential areas shall be screened. The existing eight foot high chain link fence and gate shall continue to be screened with a solid black screening fabric/material attached to the fence along the property lines and the street area to screen any outside machinery or open storage. The chain link gates shall continue to be closed accept when vehicles are entering or leaving the property. The placement and operation of proposed future new machinery or equipment outside of buildings shall require review and approval of city staff to determine that all requirements of this code are complied with.
E. No activity including but not limited to loading and unloading, truck traffic, storage, fork lifts etc. shall occur in the buffer set back area, as described per Section 10. LANDSCAPING AND BUFFER REQUIREMENTS above and as depicted on the Conceptual Site Plan.
storage of materials shall be screened so they are not visible from
rights-of-way or adjacent residential areas. Soil or aggregate type materials
that can generate dust shall be located in three-sided walled/fenced enclosures
that are a minimum of
(8) feet in height and shall be covered when not in use at a minimum of daily.
The opening of the enclosure shall not be visible from rights-of-way or
adjacent residential areas. A dust study shall may be required and for approved by the City staff prior to the where outside storage
of materials to include but not limited to the following have not been complied with:
1) All on-site travel ways and maneuvering lanes must be paved, watered, and swept as necessary to achieve maximum control of dust emissions.
2) During operations, all stockpiles of dry materials with the potential of generating dust must be sprayed with water, oil or other solution meeting Best Management Practices, or shall be covered as necessary to achieve maximum control of particulate emissions.
3) Measures to clean up spilled dry materials must begin within thirty (30) minutes of spillage to contain or dampen the material so those disturbances from wind, erosion and/or vehicle traffic are minimized.
G. The operation of machinery or equipment involved in production including truck noises and horns, backup beepers, maintenance work etc. shall be restricted to between the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday. Administrative paper work and inventories maybe conducted after permitted hours of operation. Additional hours of operation may be approved as a Personal Appearance before the Planning Commission after one year of operation based on evidence during that year that operational requirements of this section have been complied with.
H. Connection to the City water system will be reviewed for any future expansion for Phase 2 and 3 per fire code requirements.
13. 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 these PUD Conditions 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 PUD 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 (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.
Highlight emphasis new language
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LEGAL DESCRIPTION EXHIBIT B
Uses with red X’s are not permitted.
CONCEPTUAL SITE PLAN EXHIBIT D
AERIAL SITE PHASING PLAN CONTINUED EXHIBIT D
EIGHT FOOT HIGH SOLID DECORATIVE FENCE EXHIBIT E
PHASE I PVC
EIGHT FOOT HIGH SOLID DECORATIVE WALL EXHIBIT F
Eight (8) foot high solid decorative wall with decorative posts and wall caps with shrubs on south side of wall
MPO TECHNICAL MEMORANDUM EXHIBIT G
of Bushnell City
of Center Hill City
of Umatilla City
of Webster City
County Schools Sumter
City of Bushnell
City of Center Hill
City of Umatilla
City of Webster
Lake County Schools
Sumter County Schools
Recyclable 100, Inc. Project
Date: January 13, 2011
Prepared by: Pamela Richmond, AICP
MPO Project Manager
Purpose: The purpose of this technical memorandum is to explicate the impacts of the Recyclable 100, Inc. Project to the surrounding roadway network.
The Recyclable 100, Inc. Project is located on the west side of Haywood Worm Farm Road about ¼ miles south of Rogers Industrial Park Road in unincorporated Lake County. The site is 11.5 acres in area with a zoning designation of industrial and is fully entitled to develop as such. The proposed development plan is to construct an aggregate coloring facility in two phases, with build-out anticipated no sooner than 2012. Build-out will occur when economic conditions and product demand create a need for additional facility capacity. This is an existing developed, non-operating site that is in the process of being activated as a site to relocate their current business in the City of Apopka. The City of Leesburg is considering annexing the property into the City limits.
Traffic generated by the site will be heavy trucks and automobiles. Trucks entering and exiting the site is expected occur between 7:00 A.M. and 5:00 P.M., Monday through Friday, but typically not past 3:00 P.M. The facility’s size limits the number of trucks it is capable of servicing simultaneously to two. When Phase 1 is fully functional, no more than three trucks and four employees will enter and exit the site each weekday. At Phase 2 build-out, the facility will be capable of servicing a maximum of ten trucks per day and employ as many as 12 full time workers.
The Lake~Sumter MPO adopted a methodology for the preparation of a Traffic Impact Study (TIS). These guidelines establish minimum standards for all TIS reports, in order to provide a clear, orderly and consistent basis on which traffic impacts are to be evaluated. The level of detail and type of TIS for each project is dependent on the number of net new peak-hour trips generated. Projects that generate 0-25 net new peak hour trips do not require a full TIS and the applicant may submit a request for exemption from full traffic analysis letter. The following information provides the information that is required by the adopted methodology for this level of analysis.
Trip generation of the facility will consist of heavy trucks and employee automobiles. For the purposes of this document, an analysis of the build-out scenario for P.M. peak hour conditions will be conducted.
The facility will be able to service a maximum of ten trucks per day. At that capacity, it will be supported by a maximum number of 12 employees.
§ P.M. Peak Hour Trip Generation
Trucks 10/day with 10% occurring between 4:00 P.M. and 6:00 P.M.
10 truck X 2 trips (1 entering 1 exiting trip) X 10%
= 2 trips (1 entering 1 exiting trip)
Employees 12 @ a rate of 1.49 occurring between 4:00 p.m. and 6:00 p.m.,
17% entering 83 % exiting
(Source: ITE Trip Generation, 8th edition, LUC 710)
= 18 trips (3 entering 15 exiting trips)
An estimated distribution pattern was determined for the trips to be generated in consultation with the Owner/Operator of the facility. The project trips were then assigned to the roadway segments surrounding the site. The results are shown in the table below and can be summarized as follows:
· Trips generated by this facility under the maximum development/worst case scenario will have a relatively low impact.
· A comparison of each segment’s available capacity to the project trips assigned to each segment shows sufficient capacity exists to accommodate all traffic generated by this project and the project meets concurrency requirements.
· The level of impact meets the state’s criteria of de minim is impact defined as “an impact that would not affect more than 1 percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the local government.” (Section 163.3180(6), F.S) De Minimis impacts are consider inconsequential and do not require mitigation as long as the impacted roadway segment is operating below 110% of capacity or volume to capacity ratio (v/c) of 1.10. As shown in the table, no impacted roadways are near capacity.
Data Source: LAKE COUNTY TMS SEGMENT REPORT - May 19, 2010
Note: The Lake~Sumter Metropolitan Planning Organization (MPO) is the designated administrator of the transportation management systems (TMS) for concurrency for Lake and Sumter Counties and their respective municipalities. As such, the MPO maintains a centralized database with the most current traffic data available.
QUIETLY MAKING NOISE, LLC EXHIBIT H
Acoustical Consulting and Noise Control
SECTION 12-19 REGULATION OF PUBLIC NUISANCES EXHIBIT I