VI (A1) Second Reading of Ordinance No. 99-08, Regulation of Borrow Pits, Land Development Code Amendment Agenda 2-02-99
Item VI A 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•LOMMISSIUma
S.SCOTT VANDERGRIFT
Ocoee
\ �. COMMISSIONERS
o CITY OF OCOEE DANNYHOWELL
j - 150 N.LAKESHORE DRIVE SCOOT A.GLASS
O. COTTSCOT N GLASS
V C OCOEE,FLORIDA 34761-2258
0 :� (407)656-2322 NANCY J.PARKER
y�' `�� CRT MANAGER
F* Of GOO
�� 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.
1
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:CALEXANDERW LL_DATA\CAPDFILEkStaff Reports\CC SR\5R99005 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 1-2
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 EFFECTIVE 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 1-2 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 VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Amendment to I-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 nits, 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
"C v-NcllpWminIV wORNEALL DATA\ORDI NANC\BmawPiv.Eo[
-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-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 I-1 1-2
SStpla:iNn-1 .1 1 .,
Agriculture P P P P P P P P P P P
Agricultural Processing - - - - - - - - - - - - - - - - -
'i:gprdi(!it'Li,
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
by 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 -
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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1a.doc
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 I C-2 C-3 I-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 - - - - - - - - - - - P P7P P P P
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 P P
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 -
01/15/99 9:44:27 AM Page 4 Exhibit to Ordinance 99-08 l\gis_doc1\planningtahomelall_data\ordinanc\borrowpitsexhibitproposedMbl5-
1a.doc
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 R3 RT-1 PS C-1 C-2 C3 I.1 12
Range
Mobile Home and Travel Trailer - - - - - - - - - - - - - P P -
Sales
Monument Sales - - - - - - - - - - - - - P P -
Movie Theater - - - - - - - - - - - - - P P P -
Music, Radio, TV Shop - - - - - - - - - - - - - P P P -
Nursery/Garden Supply Store - - - - - - - - - - - - P P P -
Pawn Shop - - - - - - - - - - - - - P P P -
Pre-Fabricated House Sales - - - - - - - - - - - - - - P P -
Printing, Book Binding, - - - - - - - - - - - - - P P -
Lithograph, and Publishing
Plants
Professional Offices - - - - - - - - - - PP P P PP
Radio Broadcasting and TV - - - - - - - - - - - - - p P -
Stations, Studios, &Offices
Recreational Vehicle Park - - - - - - - - - - - - - - S S S
Restaurant - - - - - - - - - - - P P P PP
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la.doc
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 C4 C-2 C-3 J 1.1 J--
I-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
Child Care Facilities - - - - - - - - S S - - 5 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 1.1 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 PPPP PP
Recreation Facility, Commercial - - - - - - — - - - - - - PPPP
Recreation Facility, P P P P S S S S S S S SS S S SS
Neighborhood
School P P P P S S S S S S S S S S S - -
Telecommunications Service Facilities(Refer to Article V, Section 5-19 and Map 5-19)
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TM QIen&o aennnel sunaq.January 10,1999 I
' NOTICE OF LAND
'DEVELOPMENT CODE CHANGE
TO REGULATE BORROW PITS
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 5-3(6)(14) OF ARTICLE V RELATING TO THE
DESCRIPTION OF 1-2,GENERAL INDUSTRIAL DISTRICT ZON-
ING WITH RESPECT TO BORROW PITS',AMENDING TABLE S-
t ENTITLED RUSE 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 CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
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The Ocoee Crty Commission wig hold the first DI two public hearings oncoming the pro-
posed Ordinance on Tuesday.January I9,1999 at 1:15 p.m..or as soon thereafter as
pracica,and the second of two pubic headn9s concerning the proposed Ordinance on
Tuesday,February 2,1999 at 7:15 p m.,or as soon thereafter as practical,at the Ocoee
Cry Commission Chambers, 150 Nat Lakeshore OMe. Ocoee, Florida.The Cry
Commission may continue the pudu heanna to other dates and times as they deem nec-
essary My interested party shall be advised Nalthe dates,times,and places of any con-
toughen of Ibis or continued public heanngs shall be announced dump the hearing and
that no further notices regarding these makers will be published.
A copy of the proposed Ordinance may be inspected by the public Who Ocoee Planning
Department 150 North Lakeshore Drive,Ocoee,Benda,between the hours of 8:00 a m.
and 500 p.m.,Monday through fnday except legal holidays.Interested pates may
appear at the pubic hearing and be beard with respect to the proposed Ordinance.This
nonce is given pursuant to Chapter 186041(3)(c),Fiodda Slaltes.
My person wishing In appeal any decision made with respect to any mailer considered
aita public kanng may need a record of the proceedly and for lha purpose may need
to ensure that a verbahm record of the proceedings IS made which includes the testimo-
ny and evidence upon which the appeal is based.Persons wan dlsabllles needing assis-
tance N partctpate In any of the proceedings should contact the City Clerk's Office 48
boors In advance of the meeting at(407)656-2322.
Jean Grafton.Cry Clerk Sunday.January 10.1999 and Sunday January V,1999
Cry of Ocoee
r. ...
K-4 The Orlando Sentinel,Sunday,January I?,1999 ORt
NOTICE OF LAND
DEVELOPMENT CODE CHANGE
TO REGULATE BORROW PITS
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 5-3(3)(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 CONFLICTS; PROVIDING FOR SEVERABIDTY;
PROVIDING AN EFFECTIVE DATE.
City of Ocoee,Florido
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The Ocoee City Commission will hold the first of two public hearings concerning the pro-
posed Ordinance on Tuesday,January 19,1999 at1:15 pill..or as soon thereafter as
practical,and the second of two public hearings concerning the proposed Ordinance on
Tuesday,February 2,1999 at 7:15 p.m.,or as soon thereafter as practical,at the Ocoee
Cly Commission Chambers. 150 North Lakeshore Orive, Ocoee, Florida. The City
Commission may continue the public hearing to other dates andlimes as they deem nec-
essary.Any interested party that be advised Nat the dates,lmes,and places of any con-
tinuation of this or confined public hearings shall be announced during the bearing and
NM no further notices regarding these matters wit be publaJed.
A copy of the proposed Ordinance may be inspected by the public at the Ocoee Planning
Department,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 a.m.
and 500 p.m.,Monday through Friday.except legal holitlays, Interested parties may
appear at the public hearing and be heard with respect to the proposed Ordinance.This
notice Is given pursuant to Chapter 166041(3)(c),Florida Statutes:
Any person wishing to appeal any decision made win respect to any matter considered
at the public hearing may need a record of the proceeding and for this purpose may need
to ensure Nat a verbatim record of the proceedings is made which includes the testimo-
ny and evidence upon which the appeal is based.Persons with disabilNes needing assis-
tance to participate in any of the proceedings should contact the City Clerk's Office 48
hours in advance of the meeting at(407)656-2322.
Jean Grafton,City Clerk Sunday.January 10,1999 and Sunday.January 17,1999
City of Ocoee