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
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.
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.
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.
There is a positive fiscal impact to the City through the continued operation and expansion of this recycling center.
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 28 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF MONTCLAIR ROAD, EAST OF CARVER DRIVE AND NORTH OF N. LONE OAK DRIVE, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY M-1 (INDUSTRIAL) TO CITY PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (William Ennis/Bill Ennis Inc. - Inter County Recycling)
BE IT ENACTED
BY THE PEOPLE OF THE CITY OF
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:
(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-12-78 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.
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.
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.
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.
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.
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
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.
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.
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
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