HomeMy WebLinkAboutVI (B1) First Reading of Ordinance No. 99-08, Regulation of Borrow Pits, Land Development Code Amendment Agenda 1-19-99
Item VI B 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIEF
Ocoee
COMMISSIONERS
O/__�, ; CITY OF OCOEE DANNY HOWELL
r - I50 N. LAKESHORE DRIVE scan-ANDERSON
�.VVi o. SCO"IT A.GLASS
C G OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
n \\����113 :: (407)656-2322
f4 J� CITY MANAGER
Fq �� G000 N` ELLIS SHAPIRO
STAFF REPORT
DATE: January 14, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning
SUBJ: Amendment to Article V of the Ocoee Land Development Code
Providing for Regulation of Borrow Pits
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance No. 99-08 amending the Land
Development Code to permit Borrow Pits only within the 1-2 General Industrial District as a
Special Exception?
BACKGROUND:
Due to the construction of the Western Beltway, the City has received a number of inquiries
related to the use of property within the City for "borrow pits". The use of land for this purpose
entails the excavation and transport of soil for use as fill material at off-site construction sites.
The excavation of these pits involves the use of heavy machinery and large trucks to transport
the excavated material. Once operations are completed, the "pit" generally becomes a deep
water body as groundwater seeps back into the depression.
DISCUSSION:
Due to the noise, dust and vibration cause by the excavation of a borrow pit, these operations
are generally permitted in either rural areas or industrial areas. Since the City's Comprehensive
Plan predominately specifies urban residential development to occur on the remaining
developable lands within the Ocoee Joint Planning Area, there are no rural areas available for
such operations. Accordingly, the only reasonable areas suitable for such a high intensity
operation are the limited industrial areas within the western portion of the City. Rather than
attempt to specify detailed specifications for such operations, an application for a Special
Exception would permit the City to review such uses on a case-by-case basis and prescribe
detailed conditions to be followed, as appropriate.
GefS
Page 2
The Honorable Mayor and City Commissioners
January 14, 1999
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting on January 12, 1999, the Planning and Zoning Commission held a
Public Hearing to consider amending the Land Development Code related to Borrow Pits. The
Planning and Zoning Commission discussion of this issue revolved around concerns pertaining
to safety, water quality, effects on natural resources, fencing of the ponds, visual obtrusiveness,
reduction of the tax base by taking land out of productive use, and the long term maintenance of
the facilities related to storm water management. While understanding the need to provide
some land area within the City for this type of use, the Planning and Zoning Commission was
hopeful that further controls pertaining to Borrow Pits could be incorporated into the update of
the Land Development Code. Accordingly, the Planning and Zoning Commission voted
unanimously to recommend that Ordinance No. 99-08 be approved by the City Commission as a
stop gap measure to regulate Borrow Pits within the community
STAFF RECOMMENDATION:
Based upon the foregoing analysis and the recommendation of the Planning and Zoning
Commission, Staff respectfully recommends that the Mayor and City Commissioners adopt
Ordinance No. 99-08 permitting Borrow Pits only within the Ocoee 1-2 General Industrial District
as a Special Exception.
RBW/csa
Attachment
P:\CALEXANDEMALL DATA\CAPDFILE\Staff Reports\CC SR\SR99005.dOc
ORDINANCE NO. 99-08
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO THE ZONING DISTRICT IN WHICH
BORROW PITS ARE PERMITTED AS A SPECIAL
EXCEPTION; AMENDING PROVISIONS OF CHAPTER
180 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE, FLORIDA BY REVISING SECTION 5-3(B)(14) OF
ARTICLE V RELATING TO THE DESCRIPTION OF I-2
GENERAL INDUSTRIAL DISTRICT ZONING WITH
RESPECT TO BORROW PITS; AMENDING TABLE 5-1
ENTITLED "USE REGULATIONS" TO PERMIT
BORROW PITS AS A SPECIAL EXCEPTION ONLY IN
THE I-2 DISTRICT AND TO PROHIBIT BORROW PITS
IN ALL OTHER DISTRICTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING AN Et FECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to preserve the
natural environment of the City; and
WHEREAS, borrow pits, together with related activities, are a special land use
which requires specialized regulation; and
WHEREAS, the City Commission desires to restrict borrow pits to I-2 General
Industrial District zoning and only under a special exception in order to reduce the negative
impacts borrow pits may have on the natural environment and adjoining properties.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VI I of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Amendment to 1-2 General Industrial District. Section 5-
3(B)(14) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida,
is hereby amended to read as follows:
I-2 General Industrial District. This District is primarily
intended for wholesale, storage, warehousing, manufacturing,
assembling, automotive body repair, automotive wrecking or
salvage yards, borrow pits., and fabrication. These uses do not
depend primarily on frequent personal visits of customers or
clients, but usually require good accessibility to major rail, air or
-1-
street transportation facilities. This district is primarily intended
for areas shown on the Future Land Use Map as "Heavy
Industrial."
SECTION 3. Amendment to Use Regulations Table. Table 5-1 entitled "Use
Regulations" of Article V of Chapter 180 of the Code of Ordinances of the city of Ocoee,
Florida, is hereby amended to read as set forth on Exhibit "A" attached hereto and
incorporated herein by this reference, which amended Table 5-1 permits borrow pits as a
special exception in the I-2 General Industrial District and prohibits borrow pits in all other
zoning districts.
SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or
parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and
rescinded.
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1999.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
-2-
ADVERTISED January 10 & 17 , 1999
READ FIRST TIME January 19 , 1999
READ SECOND TIME AND ADOPTED
, 1999
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
This day of , 1999.
FOLEY & LARDNER
By:
City Attorney
Mi &, \pIa ving AKORNE\AIL_DATA\ORDINANMamw'Plo.tls
•
•
-3-
Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
This Use is not permitted in this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-IAAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Ak+j t9id1i lt ,.rri; . t
Agriculture P P P P P P P P P P P
Agricultural Processing - - - - - - - - - - -
d iPniiu1 1.6,r.:
Adult Congregate Living Facility P P P P P P P P P P -
(ACLF)
Community Residential Home, P P P P P P P P P P -
Major
Community Residential Home, P P P P P P P P P P -
Minor
Dwelling, Single Family P P P P P P P P P P - - S - - - -
Dwelling,Two Family P - - - - - - - P P -
Dwelling, Multi-family - - - - - - - - - P -
Dwelling, Mobile Home P - - - - - - - - P
Mixeb Use Development(Mixed - - - - - - - - - - - S S S S S -
use development will be allowed
y PUD and special use districts
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
= This Use is not permitted in this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
adhering to the requirements
specified in Article IV)
Mobile Home Development - - - - - - - - - - P
Nursing Home - S S - - - - - - S - - - P P P -
c .u, + ii(a,,i .I11-
Adult Entertainment - - - - - - - - - - - - - - S - -
Establishments
Appliance Store - - - - - - - - - - - - - P P P -
Automotive Body Repair - - - - - - - - - - - P
Automobile Parking Lot - - - - - - - - - - - - - P P P P
Automobile Repair - - - - - - - - - - - - - S P P P
Automobile Sales(New and - - - - - - - - - - - - - S P P -
Used)
Automobile Service Station - - - - - - - - - - - - - S P P P
Automotive Wrecking or Salvage - - - - - - - - - - - P
Yards
•
Bar(in association with a - - - - - - - - - - - - - P P P P
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
This Use is not permitted in this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-tA R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2
restaurant with seats for 45
people)
Boat Sales and Service - - - - - - - - - - - - - - P P -
Bus Terminal - - - - - - - - - - - - - - P P -
Car Wash - - - - - - - - - - - - - - p p -
Clinic, Dental or Medical - - - - - - - - - - - PPP P PP
Commercial, Convenience - - - - - - - - - - - - P P P P P
Commercial, Convenience with - - - - - - - - - - - - - S P P P
Gas Sales
Commercial, Retail - - - - - - - - - - - - - P P P S
Department Store - - - - - - - - - - - - - P P P -
Drive In Restaurant(Boundaries - - - - - - - - - - — - - P P P -
of tract of land are no less than
200 feet from any residence)
Equipment Sales - - - - - - - - - - - - S P P PP
Funeral Parlor - - - - - - - - - - - - P P P -
Furniture Repair and Upholstery - - - - - - - - - - - - - P P P -
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
This Use is not permitted in this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Furniture Store - - - - - - - - - - - - - P P p -
Gallery/Museum - - - - - - - - - - - - - P P P -
Gas Station - - - - - - - - - - - - - S P P -
Grocery Store/Supermarket - - - - - - - - - - - - - p P P -
Heating and Air Conditioning - - - - - - - - - - - - - - P P -
Sales and Service with outside
storage
Heating,Ventilating, Plumbing - - - - - - - - - - - - - P P P -
Supplies, Sales, & Service
Hospital - S S - - - - - - - - - - P P P -
Hotel or Motel - - - - - - - - - - - - S P P -
Interior Decorating Store - - - - - - - - - - - - - P P P -
Live Entertainment - - - - - - - - - - - - - - S - -
Establishment
Liquor Store, No on-premise - - - - - - - - - - - - - P P P -
consumption
Miniature Golf Course/Driving - - - - - - - - - - - - - P P P -
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use In that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
= This Use is not permitted In this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Range
Mobile Home and Travel Trailer - - - - - - - - - - - - - P P -
Sales
Monument Sales - - - - - - - - - - - - - P -
Movie Theater - - - - - - - - - - - - - P P P -
Music, Radio, TV Shop - - - - - - - - - - - - - P -
Nursery/Garden Supply Store - - - - - - - - - - - - - P P
Pawn Shop - - - - - - - - - - - - - P P P -
Pre-Fabricated House Sales - - - - - - - - - - - - - P
Printing, Book Binding, - - - - - - - - - - - - - P -
Lithograph, and Publishing
Plants
Professional Offices - - - - - - - - - - - P P P P P P
Radio Broadcasting and TV - - - - - - - - - - - - - - P P -
Stations, Studios, &Offices
Recreational Vehicle Park - - - - - - - - - - - - - - S S S
Restaurant - - - - - - - - - - - - P P P P P
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"s" = Special Exception In that Zoning District(requires advertised public hearings) development requirements.
= This Use is not permitted in this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Sign Painting Shop - - - - - - - - - - - - - -
P P
Storage Warehouse - - - - - - - - - - - - - - P P -
Veterinary Hospitals and - - - - - - - - - - - - - - P P -
Kennels when confined within
structure
Borrow Pits - - - - - - - - - - - - - - - - S
Industrial Park - - - - - - - - - - - - - - - P P
Industrial, Light - - - - - - - - - - - - - - - P P
Industry, Heavy - - - - - - - - - - - - - - - - P
Truck Stop - - - - - - - - - - - - - - - - P
Warehousing/ Distribution - - - - - - - - - - - - - - - P P
iii.Iq - rt- :i_i .ii 4. -tti-= x
Child Care Facilities - - - - - - - - S S - - S S S S -
Church P P P P S S S S S S S - S S S - -
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Table of Permitted Uses (Table 5-1)
"P" = Permitted Use in that Zoning District Refer to Table 5-2 for setbacks and other
"S" = Special Exception in that Zoning District(requires advertised public hearings) development requirements.
- = This Use is not permitted In this Zoning District
Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
Club or Community Use - - - - - - - - - S - S S S S - -
Conservation Use P P P P P P P P P P P PPP P PP
Golf Course/Country Club P P P P P P P P P P - - — P P PP
Public Service or Utility S S S S S S S S S S S SS S S SS
Public Service, Essential P P P P P P P P P P P PPP P- PP
Recreation Facility, Commercial - - - - - - — - - - - - - PPPP
Recreation Facility, P P P P S S S S S S S SSSS SS
Neighborhood
School P P P P S S S S SSS SS S S - -
Telecommunications Service Facilities(Refer to Article V. Section 5-19 and Map 5-191
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The&endo Sent*,Sunday,Amery 10.1999
"'NOTICE°OF LAND p '"
DEVELOPMENT .CODE:CHANGE;
TO REGULATE BORROWPITS ''_'"
The City Commission of the City of Ocoee proposes
to adopt the following Ordinance:
AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA RELAT-
ING TO THE ZONING DISTRICT IN WHICH BORROW PITS
ARE PERMITTED AS A.SPECIAL EXCEPTION; AMENDING
PROVISIONS OF CHAPTER 180 OF THE CODE OF.ORDI-
NANCES OF THE CITY OF OCOEE, FLORIDA BY REVISING
SECTION 5-303)(14) OF ARTICLE V RELATING TO THE
DESCRIPTION OF 1-2,GENERAL INDUSTRIAL DISTRICT ZON-
ING WITH RESPECT TO BORROW PITS;AMENDING TABLE 5-
1 ENTITLED'USE REGULATIONS'TO PERMIT BORROW PITS
AS A SPECIAL EXCEPTION ONLY IN THE 1-2 DISTRICT AND
TO PROHIBIT BORROW PITS IN ALL OTHER DISTRICTS;PRO-
VIDING FOR CONFUCTS; PROVIDING FOR SEVERABILOY;
PROVIDING AN EFFECTIVE DATE.
Chef oeae,Fonda
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The Ocoee City Commission sill Add the first of two public hearlgswrsan*rq the pm-
posed Ordinance on Tuesday January 19.1999 at 7:15 p.m..or as seen trot as
practical,and Its second of two public Marhgs concerning the proposed Ord0ance on
Tuesday,February 2.1999 at 7:15 pm,or as soon thereafter as pan&al,ate Ocoee
CM CommJsim Chambers, 150 Nora,Lakeshore Ortre,Ocoee, Ronda.The CV
Canmbsion may continue the public teai1n N auger dates and Mies as they deem nee-
essary.My iransled party shall be advised that the dates.hones,and Maces olanycon-
tinuation of fh a awed putt Marines shag be announced duhp the heard and
tat no further notices regarding these mann wO be WblsM1 -
A copy N the proposed Ordinance may be mpectd by the pabic at the Ocoee Planning
Oeparmmd,150 North Lakeshore Orhe,Ocoee,Fla between In hours of8:00 Lm
and 500 pm,Monday trough FMaY.except legal holidays.Interested perdu may
appear at the public Magog and be hoard who respect to tie proposed Ordinance.This
motto Is given pursuant lo Chapter 166.041(3)(C),Florida Salutes.
My Dion wishing to appeal any dechkn made who respect to any matter casIdsred
a the pubic hullo may need a record of the proceeding and for Cis purpose may need
to ensure that a verbatim record of the proceedings is made wfici Neludes the testimo-
ny and evidence upon wmh the appeal is based.Pions who disaNAtles assay ants-
lace to paticlpat M any of the proceMings should cooled the Cdy Clerk's Office 48
hours In advance of a,pmeetn9 at(407)656-2322.
Jean Grafton.City Cat Sunday.January 10.1E99 and Sunday.January 17,1999
City of Ocoee