Item No: 5C.
Meeting Date: September
24, 2012
From: Bill
Wiley, AICP, Community Development Director
Subject: Ordinance
rezoning William Ennis/Bill Ennis Inc. (Inter County Recycling) property from
City M-1 To City amended PUD to allow for recycling
uses including vehicles crushing/compacting
Staff Recommendation:
The
Planning staff and the Planning Commission recommend approval of the proposed
rezoning for the subject property from City M-1 (Industrial) to City
amended PUD.
Analysis:
The project site is approximately 28 acres. The property is generally located on the north side of Montclair Road, east of Carver Drive
and north of N. Lone Oak Drive,
as shown on the attached General Location Map. The present zoning for this
property is City M-1 (Industrial). Currently, the property is used as a recycling center with no vehicles crushing/compacting and the
proposed is to continue a recycling center with
vehicles crushing/compacting. The
surrounding zoning of adjacent properties are City M-1 (Industrial) and R-2
(Medium Density Residential) on the north, City M-1 (Industrial) to the south
and west, and City P (Public) on the south. The existing Land Use designation
for the subject property is Industrial.
The rezoning district of City PUD
(Planned Unit Development) as conditioned is compatible with the adjacent and
nearby properties in the area and with the existing future land use designation of
City Industrial and would
be a continuation of the activities presently approved for the site and would
result in the current operation moving from Center Street where they are
presently operating.
The existing land uses surrounding the
property are industrial uses, future Rail-to-Trails, Berry Park, cemetery and Undeveloped
properties.
The development currently has City
utilities.
By
a vote of 7 to 0 on August 16, 2012, the Planning Commission voted to recommend
approval of the amended zoning.
As a result of concerns about the
possible noise levels of the crushing/compacting
equipment, the staff conducted a site visit on August 23rd to the Lecanto
Inter County Recycling Center
to observe crushing/compacting equipment in
operation and record noise levels. Staff was able to secure the services of
Larry Knight, a Code Enforcement Inspector with Citrus County, to measure the
noise levels at various distances from the crushing/compacting equipment. The
measurements documented that at a distance of four (400) hundred feet the noise
level of the equipment was that of an acceptable residential noise level of 65dbl
which would not be in violation of the Citrus County Noise Ordinance. In
addition, Mr. Knight advised us that they had never received a noise complaint on
the center from the adjacent residential area. As a result of the site visit,
staff has added a condition to the PUD requiring that the crushing/compacting
equipment be located a minimum of four (400) hundred feet from any residential
use.
Options:
1. Approve the proposed rezoning 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.
Fiscal Impact:
There
is a positive fiscal impact to the City through the continued operation and
expansion of this recycling center.
Submission Date and Time: 9/24/12 3:34 PM____
|
Department: Community
Development Prepared by: Bill Wiley, AICP Attachments: Yes__X_ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney
Review : Yes_X_ No ____
_________________________________ Revised |
Reviewed by: Dept. Head __BW_____ Finance Dept. __________________ Deputy
C.M. ___________________
Submitted by: City Manager ___________________ |
Account
No. _________________ Project
No. ___________________ WF No.
______________________ Budget ______________________ Available
_____________________ |
ORDINANCE NO. ______
AN ORDINANCE OF THE
BE IT ENACTED
BY THE PEOPLE OF THE CITY OF
Section 1.
Based upon the petition of William
Ennis/Bill Ennis Inc. (Inter County Recycling), 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
M-1 (Industrial) to City PUD (Planned Unit Development), zoning district subject to conditions contained in Exhibit A,
to-wit:
Legal Description
(See EXHIBIT
B)
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 ,
2012.
THE CITY OF
By: _________________________________
Mayor
ATTEST:
___________________________________
City Clerk
CASE
#:
PUD-12-78 EXHIBIT
A
INTER
COUNTY RECYCLING
PLANNED DEVELOPMENT CONDITIONS
July
16, 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 William Ennis/Bill Ennis Inc. (Inter County Recycling), “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 recycling uses including
vehicles on an approximately 28 acres
site within the City of Leesburg in accordance with their Planned Development
application and supplemental information.
1. PERMISSION
Permission is hereby granted to William Ennis/Bill Ennis Inc. (Inter
County Recycling) 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
north side of Montclair Road, east of Carver Drive and north of N. Lone Oak
Drive. 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.
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 (See Exhibit D) dated
June 2010 for Alternate Key Number 3017986.
2) Permitted
Uses shall be as follows:
a. M-1 Industrial District restricted uses
(See Exhibit C)
b. Recycling uses including vehicles
crushing/compacting and associated uses.
c. Office uses in conjunction with recycling
uses.
d. Stock piling of
recyclable material for restricted periods (See Section 12. Operational
Requirements).
3) Uses prohibited shall be as follows:
a. The stock plying of recyclable material
except as permitted by these conditions including vehicles.
b. Junk yard/vehicle salvage yard. No
dismantling of vehicle parts or sales.
c. All other uses not specifically permitted by
reference herein.
B. Area
The Impervious surface coverage for this
site shall not exceed fifty (50) percent of the gross site area.
C. Open
Space
A minimum of fifty (50) 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 Montclair Road with an additional access to
the north from Carver Road.
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 and storage
of materials shall not exceed sixty days.
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.
6. PARKING
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.
7. WETLANDS
A. The
wetlands and flood areas existing on the site to the north and east of the
proposed site plan shall not be developed but shall provide an undisturbed
vegetative natural buffer area form the public park on the north (Berry Park)
and the residential area to the east as per Exhibit F. Any notice of wetlands
or flood zone violations 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
9. TRANSPORTATION
A. Development of the property requires a
traffic review by the Lake-Sumter
Metropolitan Planning Organization. A traffic/transportation study shall be
submitted prior to site plan approval for review and determination of any
necessary access improvements, including any off site improvements required by
FDOT, Lake County, the MPO or the City of Leesburg. Said improvements will be
the responsibility of the Permittee.
10. LANDSCAPING AND BUFFER REQUIREMENTS
A. An open
natural buffer of wetlands and
flood areas existing on the site to the north and east of the proposed site
plan shall not be developed but shall provide an undisturbed vegetative natural
buffer area from the public park on the north (Berry Park) and the proposed Victoria Gardens and the Oak Ridge
Condominiums on the east as shown in Exhibit F. In addition, a minimum of a one
hundred (100) foot vegetative
natural buffer shall be required on the
north and eastern property boundaries for those areas not shown as wetlands and flood areas.
B. The
buffer area along the eastern and southeastern boundary of the property shall
require an eight foot high chain link fence with optional barbed wire.
C. The buffer
for the area on the site plan shall also be provided adjacent to the southwestern
boundary of the property along Montclair Road
to provide a visual buffer for
the recycling operation from the road and public area. The buffer with
landscaping shall require an eight foot high solid decorative PVC fence and
gates with decorative posts, top rails and caps as seen on Exhibit E.
D. The buffer shall retain existing healthy trees,
shrubs and ground cover, where applicable, and shall include additional
plantings where needed as required by code and per Exhibit E.
E. 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.
F. Existing vegetation in the required buffer
shall be protected during any construction and given credit for landscaping
requirements.
G. A permit shall be obtained for required fencing
from the Building Division. Barbed wire maybe permitted along the top of
fences for security of the property.
H. 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.
11. MAINTENANCE
A. With the
exception of public utilities and sidewalks, maintenance of all site improvements,
including but not limited to drives, internal sidewalks, landscaping, fencing
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, compactors 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 Exhibit G.
C. The operation
of machinery or equipment involved in recycling, compacting etc. 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
recycling, compacting etc. shall be restricted to the area north of the scales,
except for the use of forklifts etc. to receive and ship products from the
recycling, compacting area.
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.
F. Outside
storage of materials shall be screened so they are not visible from
rights-of-way or adjacent residential areas. No material may be stacked, plied
etc. above eight (8) feet in height and shall not be visible from Montclair Road or other areas of the site.
G. The operation
of machinery or equipment involved in recycling, compacting etc. 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. The
crushing/compacting equipment shall be located a minimum of four (400) hundred
feet from any residential use (See Exhibit D.1).
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.
14. CONCURRENCY
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.
LEGAL DESCRIPTION EXHIBIT B
EXHIBIT
C
EXHIBIT C
Uses
with red X’s are not permitted.
CONCEPTUAL
SITE PLAN EXHIBIT
D
CONCEPTUAL
SITE PLAN EXHIBIT
D.1
EIGHT
FOOT HIGH SOLID DECORATIVE FENCE EXHIBIT E
Eight (8) foot high solid
decorative fence with decorative posts and post caps with shrubs and trees along Montclair Road
adjacent to developed site.
WETLANDS
AND FLOOD ZONE MAP EXHIBIT F
SECTION
12-19 REGULATION OF PUBLIC NUISANCES EXHIBIT
G
