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HomeMy WebLinkAbout06/03/2014AP PUBLIC ; HEARING ' 1 SPECIAL ADOPTION INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AICP; C m unity Development Director DATE: May 22, 2014 SUBJECT: FINAL HEARING: Consideration of County-Initiated Land Development Regulation (LDR) Amendment to Create Section 911.29, Special Overlay Regulations for the West Gifford Industrial and Commerce (WGIC) Area on 163 Acres of Property in West Gifford Zoned IG (General Industrial) It is requested that the following information be given formal consideration by the Board of County Commissioners at its 5:01 pm special meeting of June 3, 2014. BACKGROUND "M"` On May 13, 2014, the BCC (Board of County Commissioners) conducted the first of two public hearings to consider an amendment to the LDRs (land development regulations) to establish the West Gifford Industrial and Commerce(WGIC)overlay regulations. The regulations are proposed to apply to 163 acres located between 43`d Avenue and 58th Avenue, north of 41St Street and south of 47th Street that are zoned IG(General Industrial). Within the overlay area,the proposed regulations add and eliminate certain uses, establish special regulations for concrete batch plants, demolition debris facilities, and mulch operations, and require aesthetic upgrades between existing junk yards and 45th Street. At the May 13, 2014 hearing, the BCC considered recommendations on the proposed amendment from staff and the Planning & Zoning Commission, and considered input from the public. At the conclusion of the hearing, the Board directed staff to revise one section of the ordinance and announced its intention to adopt the proposed amendment at the second and final hearing scheduled for June 3,2104 at 5:01 pm. In addition,the Board directed staff to develop time-limited incentives for junk yard owners who choose to install an aesthetic wall or similar structure along 45th Street (see attachment #1). Since the May 13th meeting, staff revised the proposed amendment ordinance as directed by the Board. In addition, staff worked on incentives which are described in the analysis section of this report. The Board is now to consider adopting the proposed amendment ordinance and consider authorizing staff to proceed with certain incentives. F:ACommunity Development\Gifford(WGIC)A2014UPDATE\6-3-14BCCFINALLDRAmendmentreport.doc 1 ANALYSIS At the May 13, 2014 hearing, the Board directed staff to add the phrase "or similar structure" to each instance in the proposed ordinance where the aesthetic wall upgrade option is mentioned. Staff has revised the ordinance to contain the phase "aesthetic wall or similar structure" in the appropriate places [see attachment #3, page 5, section (6)]. No other changes have been made to the proposed ordinance since the May 13th hearing. After the May 13th hearing, community development staff coordinated with the Budget Director, a current applicant for a 45th Street aesthetic wall, and another junk yard owner who recently expressed interest in providing an aesthetic wall along his site's 45th Street frontage. Staff is continuing to develop a financing incentive concept that will be presented to the Board at a future date. At this time, staff is prepared to move forward with two other incentives discussed at the May 13th hearing, and seeks Board authorization to implement those two incentives. One of those incentives involves the County paying the administrative approval site plan application fee ($75) and building permit fee ($200) for an aesthetic wall or similar structure. Those payments, totaling $275 for each affected or participating junk yard owner, will be provided to any owner who has already submitted application fees for an aesthetic wall or similar structure and to any owner who submits a site plan or building permit application for an aesthetic wall/similar structure on or before December 31, 2014. The source of funding will be the General Fund. A second incentive ready for implementation involves staff prioritizing applications for aesthetic walls/similar structures over other applications in order to expedite review and permitting time frames. In summary, the proposed WGIC overlay regulations ordinance is ready for adoption and two time- limited incentives for installing aesthetic walls/similar structures are ready for authorization and implementation. Within a few weeks, staff will present an aesthetic wall/similar structure financing incentive concept for Board consideration. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the proposed ordinance establishing the WGIC overlay regulations. 2. Authorize staff to refund site plan application fees and building permit fees paid by any owner who paid such fees for an aesthetic wall or similar structure installed in front of a junk yard along 45th Street. 3. Authorize staff to pay for any site plan application and building permit fees for an aesthetic wall or similar structure proposed in front of a junk yard along 45th Street if the application is submitted on or before December 31, 2014. 4. Authorize staff to prioritize over other applications any site plan or building permit application for an aesthetic wall or similar structure to be installed in front of a junk yard 14" along 45th Street. Said prioritization shall apply to aesthetic wall/similar structure applications submitted on or before December 31, 2014. F:ACommunity Development\Gifford(WGIC)A2014UPDATE\6-3-14BCCFINALLDRAmendmentreport.doc 2 ... ATTACHMENTS 1. Unapproved Minutes from the May 13, 2014 BCC Meeting 2. Current List of Industrial BMPs (best management practices) 3. Proposed Ordinance Establishing the WGIC Overlay Regulations Indian River Co, AAPPMed Date APPROVED AGENDA ITEM: Admin. S �q FOR: June 3 2014 BLegal udget 5,27, t BY:("� >r� Dept. S-/2 7)/y Risk Mgr. FACommunity Development\Gifford(WGIC)\20I4UPDATL\6-3-14BCCFINALLDRAmendmentreport.doc 3 ?% r ` te PUBLIC • ' 5:01 PM SPECIAL MEETING ADOPTION INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Z''t Stan Boling, AICP; C unity Development Director DATE: May 22, 2014 SUBJECT: FINAL HEARING: Consideration of County-Initiated Land Development Regulation (LDR) Amendment to Create Section 911.29, Special Overlay Regulations for the West Gifford Industrial and Commerce (WGIC) Area on 163 Acres of Property in West Gifford Zoned IG (General Industrial) It is requested that the following information be given formal consideration by the Board of County Commissioners at its 5:01 pm special meeting of June 3, 2014. BACKGROUND On May 13, 2014, the BCC (Board of County Commissioners) conducted the first of two public hearings to consider an amendment to the LDRs (land development regulations) to establish the West Gifford Industrial and Commerce(WGIC)overlay regulations. The regulations are proposed to apply to 163 acres located between 43rd Avenue and 58th Avenue, north of 41 st Street and south of 47th Street that are zoned IG(General Industrial). Within the overlay area,the proposed regulations add and eliminate certain uses, establish special regulations for concrete batch plants, demolition debris facilities, and mulch operations, and require aesthetic upgrades between existing junk yards and 45th Street. At the May 13, 2014 hearing, the BCC considered recommendations on the proposed amendment from staff and the Planning & Zoning Commission, and considered input from the public. At the conclusion of the hearing, the Board directed staff to revise one section of the ordinance and announced its intention to adopt the proposed amendment at the second and final hearing scheduled for June 3,2104 at 5:01 pm. In addition,the Board directed staff to develop time-limited incentives for junk yard owners who choose to install an aesthetic wall or similar structure along 45th Street (see attachment#1). Since the May 13th meeting, staff revised the proposed amendment ordinance as directed by the Board. In addition, staff worked on incentives which are described in the analysis section of this report. The Board is now to consider adopting the proposed amendment ordinance and consider authorizing staff to proceed with certain incentives. FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCFINALLDRAmendmentreport.doc 1 1 ANALYSIS At the May 13,2014 hearing, the Board directed staff to add the phrase"or similar structure"to each instance in the proposed ordinance where the aesthetic wall upgrade option is mentioned. Staff has revised the ordinance to contain the phase."aesthetic wall or similar structure" in the appropriate places [see attachment#3, page 5, section(6)]. No other changes have been made to the proposed ordinance since the May 13th hearing. After the May 13th hearing, community development staff coordinated with the Budget Director, a current applicant for a 45th Street aesthetic wall,and another junk yard owner who recently expressed interest in providing an aesthetic wall along his site's 45th Street frontage. Staff is continuing to develop a financing incentive concept that will be presented to the Board at a future date. At this time, staff is prepared to move forward with two other incentives discussed at the May 13th hearing, and seeks Board authorization to implement those two incentives. One of those incentives involves the County paying the administrative approval site plan application fee($75)and building permit fee($200)for an aesthetic wall or similar structure. Those payments,totaling$275 for each affected or participating junk yard owner,will be provided to any owner who has already submitted application fees for an aesthetic wall or similar structure and to any owner who submits a site plan or building permit application for an aesthetic wall/similar structure on or before December 31,2014. The source of funding will be the General Fund. A second incentive ready for implementation involves staff prioritizing applications for aesthetic walls/similar structures over other applications in order to expedite review and permitting time frames. In summary,the proposed WGIC overlay regulations ordinance is ready for adoption and two time- limited incentives for installing aesthetic walls/similar structures are ready for authorization and implementation. Within a few weeks,staff will present an aesthetic wall/similar structure financing incentive concept for Board consideration. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the proposed ordinance establishing the WGIC overlay regulations. 2. Authorize staff to refund site plan application fees and building permit fees paid by any owner who paid such fees for an aesthetic wall or similar structure installed in front of a junk yard along 45th Street. 3. Authorize staff to pay for any site plan application and building permit fees for an aesthetic wall or similar structure proposed in front of a junk yard along 45th Street if the application is submitted on or before December 31, 2014. 4. Authorize staff to prioritize over other applications any site plan or building permit application for an aesthetic wall or similar structure to be installed in front of a junk yard along 45th Street. Said prioritization shall apply to aesthetic wall/similar structure applications submitted on or before December 31, 2014. FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCFINALLDFAmendmentreport.doe 2 2 ATTACHMENTS 1. Unapproved Minutes from the May 13, 2014 BCC Meeting 2. Current List of Industrial BMPs (best management practices) 3. Proposed Ordinance Establishing the WGIC Overlay Regulations Indian River Co, Appmked Date APPROVED AGENDA ITEM: Admin. Legal FOR: June 3 2014 Budget rj BY: Dept. Risk Mgr. FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCFINALLDRAmendmentreport.doc 3 3 JEFFREY R. SMITH o Clerk to the Board Excerpt May 13, 2014 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS 10. PUBLIC ITEMS 10.A. PUBLICHEARINGS 10.A.1. CONSIDERATION OF COUNTY-INITIATED LAND DEVELOPMENT REGULATION(LDR)AMENDMENT TO CREATE SECTION 911 29, SPECIAL 0 vERLA Y REG ULA TIONS FOR THE WEST GIFFORD INDUSTRIAL AND COMMERCE(WGIC)AREA ON 163 ACRES OF PROPERTY IN WEST GIFFORD ZONED IG(GENERAL INDUSTRIAL) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Stan Boling recalled the Board's direction on February 18, 2014 for staff to initiate the formal Land Development Regulation (LDR) amendment process to create the West Gifford Industrial and Commerce Area(WGIC). He used a PowerPoint Presentation (copy on file) to provide background, description, and analysis on the proposed special overlay regulations for the area, which will eliminate certain industrial uses and add others. He said that agreement has been reached on three uses that were concerning to May 13, 2014 1 4 Gifford residents, as follows: (1) Mulch Facility Uses must comply with specific criteria for fire protection and dust control; (2) Demolition Debris Facilities and Concrete Batch Plants will be Special Exception Uses subject to specific criteria and the public hearing process. Director Boling disclosed that new aesthetic upgrade requirements are proposed for junk yards fronting 45'h Street to put in landscaping or a wall, and that the Planning & Zoning Commission(P&Z) has recommended that the Board adopt time-limited incentives to expedite the permitting process, provide reimbursement for wall-related permitting fees, and assist with construction costs. He thereafter asked the Board to proceed with the public hearing. Commissioner Zorc spoke to the proposal for junk yard owners to construct an aesthetic eight-foot wall. He noted that there was a possibility of constructing some type of blended wall that would be less expensive. Director Boling suggested amending the wording in the regulations to say "...the requirement to provide a wall or similar structure with aesthetic features or continuous vegetative screening..." Further discussion ensued about the requirement to construct the aesthetic wall, how it will affect the existing junkyards, and P&Z's recommendation to assist the junk yard owners with funding to help with construction costs. Chairman O'Bryan stated that if the Board approves to reimburse the business owners for permitting fees for the required walls, Mr. Scrap and other junk yard owners who have already paid fees to build a wall, should get an equal refund. The Chairman opened the Public Hearing. The following individuals spoke in support of staff's recommendation to create special WGIC overlay regulations: May 13, 2014 2 ACHMEW 5 Marcie Nolan, Becker & Poliakoff Law Firm Joe Idlette, 4570 57th Avenue Dan Lamson, 737 Timber Ridge Trail, representing the Indian River Neighborhood Association Penny Chandler, Indian River County Chamber of Commerce The following individuals spoke in opposition to staff s recommendation to create special WGIC overlay regulations, and discussed particular areas of concerns: Kathleen Jaskolski, 5211 Eleuthra Circle, voiced health and safety concerns about bringing an additional concrete processing plant of a demolition debris plant into West Gifford. She mentioned that three concrete processing plants are already in the neighborhood, and asked the Board to request that the Health Department conduct a study of the current air quality, as well as the potential effects on the environment if another concrete plant comes in. Althea McKenzie, 2405 16th Avenue, aired concerns about the high voltage power lines and the cellular tower that are in West Gifford; the contaminated Gifford Landfill; and the proposal to add additional industries which might add more pollutants into the community. William Mosley, Gifford Economic Development Council, expressed concerns about health and safety, and advocated that the air quality be tested every six months. He noted that although he is against this measure, if it does pass, there should be site inspections to the concrete batch plants to make sure they are in compliance with regulations. The following individuals offered comments that were not in favor or against the proposed regulations. Jeff Thompson, Seville Avenue, voiced concerns about possible unintended consequences of the proposed Ordinance, and asked the Board to support helping the junk yard owners with the financial burden of building the walls. May 13, 2014 3 6 Leonard Kaczynski, Lakes at Sandridge, provided documentation (copy on file) and discussed safety measures and setting higher standards for the concrete industry. There being no additional speakers, the Chairman closed the Public Hearing. Chairman O'Bryan stated that in accordance with Ms. Jaskolski's request, he would send a letter requesting that the Health Department undertake an air quality study of the current airborne contaminants in the West Gifford community. Discussion ensued on the list of the County's industrial Best Management Practices for the concrete batch plants. A brief discussion ensued about the importance of enforcing the requirements and Best Management Practices for the design and operation of demolition debris plants. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Solari, the Board unanimously: (1) announced its intention to consider final adoption of the West Gifford Industrial and Commercial District (WGIC) overlay regulations at a final public hearing on Tuesday, June 3, 2014 at 5:01 p.m.; (2) directed staff to explore financing options for the owners of junk yards fronting 45th Street with the costs of coming into compliance with the proposed overlay regulations for the aesthetic upgrade requirement to construct a wall or similar structure, including a reimbursement of permit fees for junk yard owners who have already paid permit fees; and (3) authorized staff to expedite the administrative approval process for the subject proprietors. May 13, 2014 4 AAcHm 1 7 4/23/14 Version Indian River County List of Industrial "Best Management Practices" (BMPs) Dust/Particulates and Run-off Pollution Prevention 1. Use mechanical dust and particulate recovery devices and equipment that incorporate the best available technology for control of fugitive dust and air emissions. 2. Limit storing, stockpiling, handling, and processing materials to areas with hard (non- porous) surfaces such as pavement. 3. Use sprinkling systems to water driveway and materials storage, stockpile, handling, and processing areas. (a) Water frequently to prevent fugitive dust but avoid saturation which can lead to unnecessary run-off and off-site tracking. 4. Maintain vegetation ground cover on the site area adjacent to materials storage, stockpile, handling, and processing areas. (a) Maintain full and tall windbreaks and landscape buffers around on-site uses that may produce dust or off-site air emission of particulates. 5. Limit stockpiles to walled containment areas where possible, and limit stockpile heights to 25' or lower if required to control dust. 6. Use curbing and other physical barriers to maintain separate management systems for process water; run-off from wash-down and stockpile areas; and run-off from other areas of the overall project site. 7. Keep sediment pits clean and outfall structures unclogged. 8. Use control measures identified in the project's Multi-Sector General Permit (MSGP) to meet EPA's special numeric stormwater effluent limitations for facilities that store or process the following: • logs • fertilizer (including input raw material and by-products) • asphalt • cement • crushed stone and gravel • sand • coal 9. Use control measures identified in MSGP and NPDES (National Pollutant Discharge Elimination System)permits to meet Total Maximum Daily Loads (TMDLS) for run-off. 10. Promptly perform corrective actions needed for SWPPP (Stormwater Pollution Prevention Plan) compliance items identified during county, state, or federal inspections. FACommunity Development\Gifford(WGIC)\2014UPDATE ustrial BMP ppdaatted4-23-1 1ioc 1 8 4/23/14 Version Noise 1. Conduct noise-producing activities inside enclosed buildings, when possible. 2. Conduct noise-producing activities during weekday business hours, when possible. 3. Locate noise-producing activities away from adjacent residential, office, and commercial uses. 4. Provide noise deflecting and/or noise-absorbing barriers around areas were noise-producing activities are conducted. 5. Use and maintain equipment and vehicles that are designed to operate with reduced noise levels. Fire Protection and Hazardous Materials 1. Design and build equipment work areas, chemical storage areas, and loading/unloading areas with spill containment features and locate such areas away from any waterbodies, swales, or recharge ditches. (a) Maintain an approved spill contingency plan in work, storage, and loading/unloading areas. �..- (b) Maintain periodic worker training on spill contingency procedures, including immediate and corrective actions, and the filing of incident reports. (c) Maintain spill kits in work, storage, and loading/unloading areas. 2. Use double-lined fuel tanks with a secondary containment around the tanks. 3. Provide convenient and proper solid waste disposal for workers and for drivers entering or exiting the site. 4. Label every 55 gallon drum and every container for fuel, chemical, by-product, and waste including non-hazardous waste. (a) Secure all drums with lids and keep all drums in one common area marked either Hazardous or Non Hazardous as per RCRA (Resource Conservation Recovery Act) (b) Store containers and drums under structures that provide cover and protect drums from exposure to precipitation. (c) Use a covered area, conex box, or other appropriate container with spill containment to store solvents, anti-freeze, used oil, used oil filters, used rags, aerosol cans, and lead acid batteries. FACommunity Development\Gifford(WGIC)\2014UPDATEUndustrial BMPs(updated4-23-14).doe 2 9 4/23/14 Version 5. Maintain stockpiles of combustible material with adequate access for fire suppression to each stockpile. (a) Limit stockpile heights and sizes in a manner that prevents fires and combustion of stored material and allows for proper separation between piles as recommended or required by the Fire Department. General 1. Display permits on-site. 2. Maintain on site a file of all approved plans, monitoring reports, inspections reports, incident reports, and documentation of corrective actions. 3. Provide county staff and post at the site entrance an emergency contact that can handle environmental and public safety incidents during and after business hours. 4. Provide 2' — 3' high "knee-walls" along driveway entrances and exits to confine spillage to driveways and prevent spillage into roadside canals and swales. (a) Collect trash and sweep-up spillage on driveway entrances and exits daily or more often if needed. Monitoring Use independent third party to collect stormwater run-off and fugitive dust/air emissions samples twice a year for the first 2 years of facility operation to demonstrate compliance with applicable water quality and air quality standards. Sampling methodology [including DEP SOPS (standard operating procedures)] to be approved or accepted by the applicable jurisdictional agency or applicable county department(s) prior to commencement of facility operation. Sample data and analysis of results to be provided twice a year to the applicable jurisdictional agency and applicable county department(s). Stormwater run-off sampling shall be conducted for the following: • PH • total phosphorus • specific conductance 0 iron • turbidity • cooper • TSS (total suspended solids) • oil, grease, gasoline • total nitrogen (a) Provide the county planning department a copy of each air quality and/or water quality monitoring report submitted to a jurisdictional agency, including any data or report on stack emissions. 2 FACommunity Development\Gifford(WGIC)\2014UPDAMIndustrial BMPs(updated4-23-14).doe 3 10 ORDINANCE 2014- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING "'r AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY CREATING THE WEST GIFFORD INDUSTRIAL AND COMMERCE (WGIC) OVERLAY REGULATIONS SECTION 911.23; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Create LDR Section 911.23 West Gifford Industrial and Commerce (WGIC) Overlay Regulations, to read as follows: (1) Purpose. The West Gifford Industrial and Commerce (WGIC) overlay regulations are intended to establish special regulations for properties in West Gifford zoned IG, General Industrial to accommodate industry and commerce in West Gifford in a manner compatible with community residents and businesses. (2) Boundaries of the WGIC overlay regulations area. The West Gifford Industrial and Commerce (WGIC) overlay regulations area is generally located between 43rd Avenue and 58th Avenue, north of 41" Street, south of 47th Street, and overlays all properties within the referenced area that are zoned IG (General Industrial). (3) Relation to IG District regulations. The WGIC overlay regulations supplement the IG district regulations and supersede the IG district regulations with respect to the uses allowed within the overlay area as shown in the use table below. (4) Definitions. The following terms are defined for the purposes of interpreting and implementing the WGIC overlay regulations: (a) Junk and salvage yards unenclosed facilities: a use of land meeting the Chapter 901 definition of"Junkyard" conducted primarily outside an enclosed building. (b) Salvage facility (enclosed building): a use of land meeting the Chapter 901 definition of "Junkyard" conducted within an enclosed building area with the exception of a loading area screened in accordance with WGIC overlay regulations. (5) Uses. Uses in the West Gifford Industrial and Commerce overlay area are classified as permitted uses (P), administrative permit uses (A), and special exception uses (S). Site plan review and approval shall be required for the construction, expansion, and change in use of structures and buildings within the overlay area. ACHMENT R\Community Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOveriayuistrictordinace.doc 1 I1 ORDINANCE 2014- Use WGIC Overlay Agriculture Nurseries and garden supplies, horticultural and landscape P Kennels and animal boarding P Mulch products and services A Services Landscape services P Veterinary services P Commercial Construction General building contractor/construction yard P Special trade contractor P Personal Services Linen supply P Carpet and upholstery cleaning P* Dry cleaning plants P* Auto Repair, Services and Parking Automobile parking and storage (paved surface) P Body and paint shops P* General automotive repair P* Carwash P Miscellaneous Repairs Electrical and electronic repair P Reupholstery and furniture P* Welding P Heavy machinery and equipment(maintenance, repair, and sales) P Social Services Job training services P Wholesale Trade Durable goods (not including demolition debris site,junk yard, recycling center) P Non-durable goods P Auto and home supply store P Gasoline service station P Automotive parts (used) P* Boat dealer P Recreational vehicle dealer P Motorcycle dealer P Automotive Dealers and Services Automobile sales and rentals (new and/or used) P Automotive fluid sales and services (other than gasoline) P* Eating and Drinking Establishments Restaurant P Take out restaurant P Drive through restaurant P Fuel dealer P* Marine-Related Commercial Activities Boat sales and rental P ATTACHMENT 3 FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOvemyUistrictordinace.doe 2 12 ORDINANCE 2014- Marine repair and services P Industrial Food and kindred products P* Fruit and vegetable juice extraction P* Fruit and vegetable packing house P* Cloth and clothing products (excluding textile mills) P* Lumber and wood (excluding lumber/saw mills) P Furniture and fixtures P Printing and related support activities P Chemicals P* Rubber and plastics (excluding tire.manufacturing) P* Rubber and plastic footwear P Hose,belts, gaskets and packing P* Fabricated rubber products P* Drugs and pharmaceuticals P* Footwear P* Other leather goods P* Brick and tile P Concrete batch plants S Concrete cast products (excluding block and brick) P Cut stone and marble products P Glass and glass products P Fabricated metal products P* Machine shop P* Industrial machinery and equipment P Electronic and other electric equipment P Transportation equipment P Instruments and related products.. P Junk and salvage yards (unenclosed facilities) S Salvage facility (enclosed building) P* Demolition Debris Site PI Transportation and Utilities Railroad and bus transportation services P Trucking and courier services P Commercial warehousing & storage P Moving and storage P Trucking terminal P Self-storage P Outdoor storage P Vehicle storage lot (unpaved, buffered per 926 and 954) P Postal services P Pipelines P Transportation Services Freight transport arrangement(scheduling, shipping) P �.. Communications Communications towers (wireless facilities) A** FACommunity Development\Gifford(WGIQ\2014UP� -3dR EW(fv�vDistrictordinace.doc 3 13 ORDINANCE 2014- Communications towers (non-wireless facilities) Amateur radio (accessory use) P Less than 80 feet P 80 feet or taller(see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged P Non-camouflaged P 70 feet to 150 feet: Camouflaged A Monopole(minimum of 2 users) A Not camouflaged and not monopole A/S** Over 150 feet: All tower types (see 971.44(1) for special criteria) S Utilities Public and private utilities, heavy S Gas services P Electric services P Water services P Irrigation systems P Residential Uses Accessory housing (watchmen) P Single-family subdivision A Multi-family dwelling A Business Services Credit reporting and collection P Mailing, reproduction and stenographic services P Equipment rental and leasing P Employment agency P Help supply services P Computer and data processing P Miscellaneous Repair Electrical repair P Watch, clock,jewelry P Research,testing, technology services P Retail Trade Building materials and garden supplies (retail and wholesale) P Paint, glass and wallpaper stores P* Hardware store P Auction facilities, enclosed P New and used cars dealer P Used vehicle sales P Auto and home supply stores P Convenience store P P=Permitted use A=Administrative permit use CH ME 3 FACommunity Development\Gifford(WGIC)\2014U 3-14BCCWGICOveriayL)istrictordinace.doc 4 14 ORDINANCE 2014- S= Special exception use *The use shall be conducted within an enclosed building. **See 971.44 for wireless regulations and to determine whether the administrative permit or special exception use process applies. (6) Upgrade of 45`h Street Appearance. On or before June 30, 2015, the owner of any pre- existing junk and salvage yard (unenclosed facility) that fronts 45th Street shall obtain approval from the community development director or his designee of a landscaping and irrigation plan for a continuous vegetative screening between 45th Street and the salvage yard area. A wall or similar structure with aesthetic features may substitute for continuous vegetative screening if shown on an approved plan. The landscaping and irrigation plan, or plan for a wall or similar structure with aesthetic features, shall be subject to the following: A. Landscaping improvements shown on the approved landscaping plan shall be installed, inspected, and deemed acceptable by county staff on or before June 30, 2016. B. Plans shall show a wall (or similar structure) with aesthetic features or vegetative screening consisting of one or more of the following: planted berms, vines, shrubs, understory trees and canopy trees. Where used, vines shall be planted no further apart than 42" on center and shrubs shall be planted no further apart than 36" on center. Landscaping and irrigation improvements shall be designed in a manner that does not increase the degree of non-conformity with respect to parking area for any junk and salvage yard (unenclosed facility). This requirement to provide a wall (or similar structure) with aesthetic features or continuous vegetative screening shall not infringe upon the right of a property owner to continue to use a legally established (grandfathered-in) non-conforming parking area adjacent to 45th Street. C. Where a wall or similar structure with aesthetic features is substituted for continuous vegetative screening, the wall or similar structure shall be constructed, inspected, and deemed acceptable by county staff on or before June 30, 2016. (7) Buffer yard requirements. For new development, where a nonresidential use within the WGIC overlay area directly abuts a single-family or multifamily residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property line of the development site. Single-Family Zoning Multi-Family Zoning Type A 6 ft. Opaque Type A 6 ft. Opaque The buffer yard shall be measured at a right angle to the lot line. All buffering and screening requirements shall meet the standards established in Chapter 926, Landscaping and Buffering. No off-street parking or loading area shall be permitted within the required minimum buffer yard. FACommunity Development\Gifford(WGIQ\2014UPDATA70Mt rlay-bi ruinace.doc 5 15 ORDINANCE 2014- A. A loading dock located adjacent to a residentially designated site and not screened from view of the adjacent residential site by an intervening building or similar structure shall be screened by an eight foot high wall located between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape ordinance section 926.08. B. A loading area associated with a salvage facility (enclosed building) shall be screened from view from adjacent properties and roadways by an eight foot opaque feature consisting of a wall or wall and berm combination. C. Roadway buffers shall be provided as specified in landscape ordinance section 926.09, "Landscaping along roadways". D. Where a non-residential use abuts a property with a residential land use designation, the required buffer opaque feature shall consist of a wall with required understory trees and shrubs installed on the side of the wall facing the residential property. E. Where a wall is used in a buffer area or along a project perimeter, there shall be variation in the design of the wall, as provided below. Variation shall be provided by use of one (1) or more of the following design criteria or other similar design measures approved in writing by the community development director or his designee: a. Using two (2) color paint schemes. b. Staggering the location of the wall. Straight wall length should not exceed one hundred (100) feet. The minimum dimension of a wall offset shall be three (3) feet. C. Accenting the wall with articulated decorative features. d. Breaking up the appearance of long sections of wall by the placement of landscaped berms in front of the wall. Unbermed wall sections shall not exceed one hundred (100) feet in length. (8) Mulch products and services special regulations (a) The administrative permit process and regulations for specific land uses ordinance section 971.04 shall apply to mulch products and services development projects, including projects that propose expansion of existing mulch operations. (b) Development application special information requirements: 1. A list of on-site activities and materials stored, handled, processed, and produced on site (including by-products), together with a list of any MSGP (Multi-Sector General Permit) special industry sector pollution discharge requirements applicable to the proposed project. FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOverlayDistrictordinace.doc 6 ATTACHMENT .8 16 ORDINANCE 2014- 2. A national pollutant discharge elimination system (NPDES) pollution prevention plan. The pollution prevention plans shall adequately address the following: a. Containment of run-off from stockpiles. b. Containment of leaks and spills from vehicles and equipment used in transporting, handling, or processing materials. C. Use of wind erosion control measures in stockpile, mulching/processing, and driveway areas. 3. A site plan labeling and depicting the distance from any area where materials are stockpiled, loaded/unloaded, or processed outside an enclosed building to any property containing a residential dwelling (including a mobile home) within three-hundred (300) feet of such area. 4. A comprehensive dust and spillage control plan that, at a minimum, addresses the following: a. Treatment of stockpiles, on-site processing areas, and loading/unloading areas; b. Control of dust from truck, equipment, and mulching operations on site; C. Methods of treatment, such as spraying/watering systems or other dust suppressants, devices and techniques, that prevent or minimize air-borne emissions from on-site and off-site activities; d. Use of mechanical dust and particulate recovery devices and techniques; e. Methods of preventing, minimizing, and cleaning up material spillage on site and along adjacent roadways; 5. The applicant shall submit for and obtain fire department approval of a fire protection plan that provides for adequate stockpile management and access, and fire suppression improvements. (c) Criteria for mulch products and services: 1. Dust, particulates, and material spillage shall be controlled in accordance with the project's approved comprehensive dust and spillage control plan submitted in accordance with the above requirements. The county may attach special conditions to project approval. Such conditions may include but are not limited to sprinkler systems, monitoring systems, structural enclosures, or operational programs to ensure compliance with the approved dust and spillage control plan. FACommunity Development\Gifford(WGIC)\2014UPDATE\66--33--144BCCWGIC Districmrdinace.doc R�� l 3 7 17 ORDINANCE 2014- 2. Material stockpiles of non-combustible material shall not exceed a height of twenty-five (25) feet above the grade of the adjacent project site perimeter. The height of combustible material stockpiles shall be regulated by the project's fire protection plan as approved by the fire department. 3. No area where raw materials are stockpiled, loaded/unloaded, mulched, or processed outside an enclosed building shall be located closer than three hundred (300) feet to any residential dwelling (including a mobile home) or residentially zoned property. 4. A Type "A" buffer with 6' opaque feature shall be provided between any residentially zoned property or residential dwelling unit (including a mobile home) and any area where materials are stockpiled, loaded/unloaded, mulched, or processed outside an enclosed building. 5. The following best management practices (bmps) shall apply to the design and operation of the mulch facility. A. Design and build equipment work areas, chemical storage areas, and loading/unloading areas with spill containment features and locate such areas away from any waterbodies, swales, or recharge ditches. (a) Maintain an approved spill contingency plan in work, storage, and loading/unloading areas. (b) Maintain periodic worker training on spill contingency procedures, including immediate and corrective actions, and the filing of incident reports. (c) Maintain spill kits in work, storage, and loading/unloading areas. B. Use double-lined fuel tanks with a secondary containment around the tanks. C. Provide convenient and proper solid waste disposal for workers and for drivers entering or exiting the site. D. Label every 55 gallon drum and every container for fuel, chemical, by-product, and waste including non-hazardous waste. FACommunity Development\Gifford(WGIC)\20i4UPDAT f3 "000ayDisnTmoroinace.doc g 18 ORDINANCE 2014- (1) Secure all drums with lids and keep all drums in one common area marked either Hazardous or Non Hazardous as per RCRA (Resource Conservation Recovery Act) (2) Store containers and drums under structures that provide cover and protect drums from exposure to precipitation. (3) Use a covered area, conex box, or other appropriate container with spill containment to store solvents, anti-freeze, used oil, used oil filters, used rags, aerosol cans, and lead acid batteries. E. Display permits on-site. F. Maintain on site a file of all approved plans, monitoring reports, inspections reports, incident reports, and documentation of corrective actions. G. Provide county staff and post at the site entrance an emergency contact that can handle environmental and public safety incidents during and after business hours. (9) Demolition debris sites (a) The WGIC overlay special regulations for concrete batch plants shall apply to demolition debris site development projects. (b) The special exception process and criteria of regulations for specific land uses ordinance section 971.05 shall apply and the specific land use criteria of section 971.27(1) for demolition debris sites shall apply to demolition debris site development projects. (10) Concrete batch plants (a) The special exception process and regulations for specific land uses ordinance section 971.05 shall apply to concrete batch plant development proj ects. (b) Development application special information requirements: 1. A list of on-site activities and materials stored, handled, processed, and produced on site (including by-products), together with a list of any MSGP (Multi-Sector General Permit) special industry sector pollution discharge requirements applicable to the proposed proj ect. � MINT 3 FACommunity Development\Gifford(WGIQ\2014UPDATE\ - -1 CWGICOverlayDistr _iace.doc 9 19 ORDINANCE 2014- 2. A national pollutant discharge elimination system (NPDES) pollution prevention plan. Such pollution prevention plan shall incorporate applicable items from the county's list of industrial best management practices (BMPs) into the pollution preventions plan. [Said list is maintained by and available from the county planning department]. In addition, the pollution prevention plans shall adequately address the following: a. Containment of run-off from stockpiles. b. Containment of leaks and spills from vehicles and equipment used in transporting, handling, or processing materials. C. Use of wind erosion control measures in stockpile, processing areas, and driveway areas. 3. A site plan labeling and depicting the distance from any area where materials are stockpiled, loaded/unloaded, or processed outside an enclosed building to any property containing a residential dwelling (including a mobile home) within three-hundred (300) feet of such area. 4. A comprehensive dust and spillage control plan that, at a minimum, addresses the following: a. Treatment of stockpiles, on-site processing areas, and loading/unloading areas; b. Control of dust from truck, equipment, and operations on site; C. Methods of treatment, such as spraying/watering systems or other dust suppressants, devices and techniques, that prevent or minimize air-borne emissions from on-site and off-site activities; d. Use of mechanical dust and particulate recovery devices and techniques; e. Methods of preventing, minimizing, and cleaning up material spillage on site and along adjacent roadways; f. Applicable items from the county's list of industrial operation BMPs. 5. Noise modeling data and analysis demonstrating compliance with Chapter 974 noise and nuisance requirements, including special conditions necessary to ensure compliance with Chapter 974 requirements. Such conditions may include but are not limited to special setbacks, buffers, noise-mitigating structures, equipment specifications, and hours of operation limitations on certain activities. FACommunity Development\Gifford(WGIQ\2014UPDAT ayD' ';—--dinace.doe 10 - 20 ORDINANCE 2014- (c) Criteria for concrete batch plants: 1. The noise ordinance requirements of Chapter 974 shall be satisfied. Based on the approved noise modeling data and analysis submitted in accordance with the above requirements, the county may attach special noise mitigation conditions to project approval. Such conditions may include but are not limited to limitations on hours of operation, use of sound barriers, and use of muffling devices or techniques to ensure compliance with Chapter 974 requirements. The following noise mitigation criteria shall be satisfied: a. Sound-deadening walls or panels shall be placed at truck loading/unloading areas and at bin gates. b. An enclosed blower building shall be constructed and used for the pumping of fly ash. C. Trucks using the site that are equipped with back-up alarms shall use alarms that direct sound toward the back of the truck. 2. Dust, particulates, and material spillage shall be controlled in accordance with the project's approved comprehensive dust and spillage control plan submitted in accordance with the above requirements. The county may attach special conditions to project approval. Such conditions may include but are not limited to sprinkler systems, structural enclosures, monitoring systems, and/or operational conditions to ensure compliance with the approved dust and spillage control plan. The following dust control and air emissions criteria shall be satisfied: a. Covers shall be provided over aggregate conveyors and mixing areas. b. Siding, walls, or cladding shall be provided around aggregate discharge gates and scales. C. Sprinklers shall be provided and used to wet all site areas and driveways used by trucks. d. Wheel wash facilities shall be provided to prevent tracking of material off-site. e. As a condition of project approval, the county may require an applicant to submit air emissions monitoring reports and take corrective action to ensure compliance with applicable state and federal air emissions requirements. 3. Material stockpiles shall not exceed a height of fifteen (15) feet above the grade of the adjacent project site perimeter. The following criteria for the outdoor storage of aggregate and similar materials shall be satisfied: FACommunity Development\Gifford(WGIC)\2014UPDA1 :A" la dinace.doc 11 ORDINANCE 2014- a. Stockpiles shall be contained in three-walled storage bins oriented to reduce the potential for airborne emissions from prevailing winds. b. Storage bins shall be partially roofed to reduce the potential of air-borne emissions. C. The height of bin walls, including vertical screening structures placed on top of bin walls, shall exceed the height of materials stockpiled within the bins by at least six (6) feet where bins are open to the sky. 4. No area where materials are stockpiled, loaded/unloaded, mixed, or processed outside an enclosed building shall be located closer than three hundred (300) feet to any residential dwelling(including a mobile home) or residentially zoned property. 5. A Type "A" buffer with 6' opaque feature shall be provided between any residentially zoned property or residential dwelling unit (including a mobile home) and any area where materials are stockpiled, loaded/unloaded, mixed, or processed outside an enclosed building. 6. Prior to issuance of a Certificate of Occupancy (C.O.) for the facility, and once a year thereafter, the plant manager shall invite and meet with community representatives to exchange contact information and address actual and potential nuisances related to the plant. The list of community representatives shall be maintained by the Community Development department. (11) Single-family subdivision special regulations (a) The administrative permit process and criteria of regulations for specific land uses ordinance section 971.04 shall apply to single-family subdivision projects. (b) Additional information requirements: 1. Location, width, composition, and a cross-section of each required buffer. (c) Criteria for single-family subdivision 1. The single-family residential subdivision project site shall be located west of 52nd Avenue, shall abut residentially designated property, and shall not be located or configured so as to project the foot print of a residential use into a commercial/industrial area. FACommunity Development\Gifford(WGIC)\2014UPDATE` "Jffffl1�yDistr3==.inace.doc 12 ���ff 6 22 ORDINANCE 2014- 2. A Type "A" buffer with 6 foot opaque feature shall be provided as �. a required subdivision improvement where the subdivision project abuts property designated CA (Commercial/Industrial). (12) Multi family dwellings special regulations (a) The administrative permit process for an administrative permit approved at staff-level and the criteria of regulations for specific land uses ordinance section 971.04 shall apply to multi-family dwellings. (b) Additional information requirements: A site plan meeting the requirements of Chapter 914. (c) Criteria for multi family dwellings: 1. All dwelling units shall be accessory to an allowed use within the overlay area; 2. In cases where a residential unit is being used in conjunction with a business in the same building, the total floor area of the residence may exceed the total floor area of the business. 3. No ground floor dwelling unit shall front a street. SECTION 42: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION 93: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. ACHMENT FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOverlayDistrictordinace.doc 13 23 ORDINANCE 2014- This ordinance was advertised in the Press-Journal on the 1st day of May, 2014, for a public hearing to be held on the 13th day of May, 2014, and on the 21st day of May, 2014 for a second public hearing to be held on the 3rd day of June, 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman there upon declared the ordinance duly passed and adopted this 3rd day of June, 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICD; Ummunity Development Director FACommunity Development\Gifford(WGIC)\2014UPDA l �rlaylr dinace.doc 14 24 JEFFREY R. SMITH 4 ; Clerk to the Board * . Excerpt �2OR1pA May 13, 2014 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 10.A.1. CONSIDERATION OF COUNTY-INITL4TED LAND DEVELOPMENT REGULATION(LDR)AMENDMENT TO CREATE SECTION 911.29,SPECL4L 0yERLAYREGULATIONS FOR THE WEST GIFFORD INDUSTRIAL AND COMMERCE(WGIC)AREA ON 163 ACRES OF PROPERTY IN WEST GIFFORD ZONED IG(GENERAL INDUSTRL4L) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Stan Boling recalled the Board's direction on February 18, 2014 for staff to initiate the formal Land Development Regulation (LDR) amendment process to create the West Gifford Industrial and Commerce Area (WGIC). He used a PowerPoint Presentation (copy on file) to provide background, description, and analysis on the proposed special overlay regulations for the area, which will eliminate certain industrial uses and add others. He said that agreement has been reached on three uses that were concerning to May 13, 2014 1 A"ACHME 1 �.. Gifford residents, as follows: (1) Mulch Facility Uses must comply with specific criteria for fire protection and dust control; (2) Demolition Debris Facilities and Concrete Batch Plants will be Special Exception Uses subject to specific criteria and the public hearing process. Director Boling disclosed that new aesthetic upgrade requirements are proposed for junk yards fronting 45th Street to put in landscaping or a wall, and that the Planning & Zoning Commission(P&Z) has recommended that the Board adopt time-limited incentives to expedite the permitting process, provide reimbursement for wall-related permitting fees, and assist with construction costs. He thereafter asked the Board to proceed with the public hearing. Commissioner Zorc spoke to the proposal for junk yard owners to construct an aesthetic eight-foot wall. He noted that there was a possibility of constructing some type of blended wall that would be less expensive. Director Boling suggested amending the wording in the regulations to say "...the requirement to provide a wall or similar structure with aesthetic features or continuous vegetative screening..." Further discussion ensued about the requirement to construct the aesthetic wall, how it will affect the existing junkyards, and P&Z's recommendation to assist the junk yard owners with funding to help with construction costs. Chairman O'Bryan stated that if the Board approves to reimburse the business owners for permitting fees for the required walls, Mr. Scrap and other junk yard owners who have already paid fees to build a wall, should get an equal refund. The Chairman opened the Public Hearing. The following individuals spoke in support of staff's recommendation to create special WGIC overlay regulations: May 13, 2014 2 A' HMENT Marcie Nolan, Becker & Poliakoff Law Firm Joe Idlette, 4570 57th Avenue Dan Lamson, 737 Timber Ridge Trail, representing the Indian River Neighborhood Association Penny Chandler, Indian River County Chamber of Commerce The following individuals spoke in opposition to staff's recommendation to create special WGIC overlay regulations, and discussed particular areas of concerns: Kathleen Jaskolski, 5211 Eleuthra Circle, voiced health and safety concerns about bringing an additional concrete processing plant or a demolition debris plant into West Gifford. She mentioned that three concrete processing plants are already in the neighborhood, and asked the Board to request that the Health Department conduct a study of the current air quality, as well as the potential effects on the environment if another concrete plant comes in. •.- Althea McKenzie, 2405 16th Avenue, aired concerns about the high voltage power lines and the cellular tower that are in West Gifford; the contaminated Gifford Landfill; and the proposal to add additional industries which might add more pollutants into the community. William Mosley, Gifford Economic Development Council, expressed concerns about health and safety, and advocated that the air quality be tested every six months. He noted that although he is against this measure, if it does pass, there should be site inspections to the concrete batch plants to make sure they are in compliance with regulations. The following individuals offered comments that were not in favor or against the proposed regulations. Jeff Thompson, Seville Avenue, voiced concerns about possible unintended consequences of the proposed Ordinance, and asked the Board to support helping the junk yard owners with the financial burden of building the walls. -low May 13, 2014 3 Ifto. Leonard Kaczynski, Lakes at Sandridge, provided documentation (copy on file) and discussed safety measures and setting higher standards for the concrete industry. There being no additional speakers, the Chairman closed the Public Hearing. Chairman O'Bryan stated that in accordance with Ms. Jaskolski's request, he would send a letter requesting that the Health Department undertake an air quality study of the current airborne contaminants in the West Gifford community. Discussion ensued on the list of the County's industrial Best Management Practices for the concrete batch plants. A brief discussion ensued about the importance of enforcing the requirements and Best Management Practices for the design and operation of demolition debris plants. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Solari, the Board unanimously: (1) announced its intention to consider final adoption of the West Gifford Industrial and Commercial District (WGIC) overlay regulations at a final public hearing on Tuesday, June 3, 2014 at 5:01 p.m.; (2) directed staff to explore financing options for the owners of junk yards fronting 45`h Street with the costs of coming into compliance with the proposed overlay regulations for the aesthetic upgrade requirement to construct a wall or similar structure, including a reimbursement of permit fees for junk yard owners who have already paid permit fees; and (3) authorized staff to expedite the administrative approval process for the subject proprietors. May 13, 2014 4 4/23/14 Version Indian River County List of Industrial "Best Management Practices" (BMPs) Dust/Particulates and Run-off Pollution Prevention 1. Use mechanical dust and particulate recovery devices and equipment that incorporate the best available technology for control of fugitive dust and air emissions. 2. Limit storing, stockpiling, handling, and processing materials to areas with hard (non- porous) surfaces such as pavement. 3. Use sprinkling systems to water driveway and materials storage, stockpile, handling, and processing areas. (a) Water frequently to prevent fugitive dust but avoid saturation which can lead to unnecessary run-off and off-site tracking. 4. Maintain vegetation ground cover on the site area adjacent to materials storage, stockpile, handling, and processing areas. (a) Maintain full and tall windbreaks and landscape buffers around on-site uses that may produce dust or off-site air emission of particulates. 5. Limit stockpiles to walled containment areas where possible, and limit stockpile heights to 25' or lower if required to control dust. 6. Use curbing and other physical barriers to maintain separate management systems for process water; run-off from wash-down and stockpile areas; and run-off from other areas of the overall project site. 7. Keep sediment pits clean and outfall structures unclogged. 8. Use control measures identified in the project's Multi-Sector General Permit (MSGP) to meet EPA's special numeric stormwater effluent limitations for facilities that store or process the following: • logs • fertilizer(including input raw material and by-products) • asphalt • cement • crushed stone and gravel • sand • coal 9. Use control measures identified in MSGP and NPDES (National Pollutant Discharge Elimination System) permits to meet Total Maximum Daily Loads (TMDLS) for run-off. �— 10. Promptly perform corrective actions needed for SWPPP (Stormwater Pollution Prevention Plan) compliance items identified during county, state, or federal inspections. ttF:\Community Development\Gifford(WGIC)\2014UPDATE n ustrial pdated4-23-1�ftloc 1 4/23/14 Version Noise 1. Conduct noise-producing activities inside enclosed buildings, when possible. 2. Conduct noise-producing activities during weekday business hours, when possible. 3. Locate noise-producing activities away from adjacent residential, office, and commercial uses. 4. Provide noise deflecting and/or noise-absorbing barriers around areas were noise-producing activities are conducted. 5. Use and maintain equipment and vehicles that are designed to operate with reduced noise levels. Fire Protection and Hazardous Materials 1. Design and build equipment work areas, chemical storage areas, and loading/unloading areas with spill containment features and locate such areas away from any waterbodies, swales, or recharge ditches. (a) Maintain an approved spill contingency plan in work, storage, and loading/unloading areas. (b) Maintain periodic worker training on spill contingency procedures, including immediate and corrective actions, and the filing of incident reports. (c) Maintain spill kits in work, storage, and loading/unloading areas. 2. Use double-lined fuel tanks with a secondary containment around the tanks. 3. Provide convenient and proper solid waste disposal for workers and for drivers entering or exiting the site. 4. Label every 55 gallon drum and every container for fuel, chemical, by-product, and waste including non-hazardous waste. (a) Secure all drums with lids and keep all drums in one common area marked either Hazardous or Non Hazardous as per RCRA (Resource Conservation Recovery Act) (b) Store containers and drums under structures that provide cover and protect drums from exposure to precipitation. (c) Use a covered area, conex box, or other appropriate container with spill containment to store solvents, anti-freeze, used oil, used oil filters, used rags, ~�- aerosol cans, and lead acid batteries. ACM"n 2q F:\Community Development\Gifford(WGIC)\2014UPDATE\Industrial WN(updated4-23-14).doc 2 4/23/14 Version 5. Maintain stockpiles of combustible material with adequate access for fire suppression to each stockpile. (a) Limit stockpile heights and sizes in a manner that prevents fires and combustion of stored material and allows for proper separation between piles as recommended or required by the Fire Department. General 1. Display permits on-site. 2. Maintain on site a file of all approved plans, monitoring reports, inspections reports, incident reports, and documentation of corrective actions. 3. Provide county staff and post at the site entrance an emergency contact that can handle environmental and public safety incidents during and after business hours. 4. Provide 2' — 3' high "knee-walls" along driveway entrances and exits to confine spillage to driveways and prevent spillage into roadside canals and swales. (a) Collect trash and sweep-up spillage on driveway entrances and exits daily or more often if needed. Monitoring Use independent third party to collect stormwater run-off and fugitive dust/air emissions samples twice a year for the first 2 years of facility operation to demonstrate compliance with applicable water quality and air quality standards. Sampling methodology [including DEP SOPs (standard operating procedures)] to be approved or accepted by the applicable jurisdictional agency or applicable county department(s) prior to commencement of facility operation. Sample data and analysis of results to be provided twice a year to the applicable jurisdictional agency and applicable county department(s). Stormwater run-off sampling shall be conducted for the following: • PH • total phosphorus • specific conductance • iron • turbidity • cooper • TSS (total suspended solids) • oil, grease, gasoline • total nitrogen (a) Provide the county planning department a copy of each air quality and/or water quality monitoring report submitted to a jurisdictional agency, including any data or report on stack emissions. 2 FACommunity Development\Gifford(WGIC)\2014UPDATE\Industrial BMPs(updated4-23-14).doe 3 10 ORDINANCE 2014- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY CREATING THE WEST GIFFORD INDUSTRIAL AND COMMERCE (WGIC) OVERLAY REGULATIONS SECTION 911.23; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Create LDR Section 911.23 West Gifford Industrial and Commerce (WGIC) Overlay Regulations, to read as follows: (1) Purpose. The West Gifford Industrial and Commerce (WGIC) overlay regulations are intended to establish special regulations for properties in West Gifford zoned IG, General Industrial to accommodate industry and commerce in West Gifford in a manner compatible with community residents and businesses. (2) Boundaries of the WGIC overlay regulations area. The West Gifford Industrial and Commerce (WGIC) overlay regulations area is generally located between 43rd Avenue and 58th Avenue, north of 41s' Street, south of 47th Street, and overlays all properties within the referenced area that are zoned IG(General Industrial). (3) Relation to IG District regulations. The WGIC overlay regulations supplement the IG district regulations and supersede the IG district regulations with respect to the uses allowed within the overlay area as shown in the use table below. (4) Definitions. The following terms are defined for the purposes of interpreting and implementing the WGIC overlay regulations: (a) Junk and salvage yards unenclosed facilities: a use of land meeting the Chapter 901 definition of"Junkyard" conducted primarily outside an enclosed building. (b) Salvage facility (enclosed building): a use of land meeting the Chapter 901 definition of "Junkyard" conducted within an enclosed building area with the exception of a loading area screened in accordance with WGIC overlay regulations. (5) Uses. Uses in the West Gifford Industrial and Commerce overlay area are classified as permitted uses (P), administrative permit uses (A), and special exception uses (S). Site plan review and approval shall be required for the construction, expansion, and change in use of structures and buildings within the overlay area. ACHMENT FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOveriayL)istrictordinace.doc 1 1 ORDINANCE 2014- Use WGIC Overlay Agriculture Nurseries and garden supplies, horticultural and landscape P Kennels and animal boarding p Mulch products and services A Services Landscape services p Veterinary services p Commercial Construction General building contractor/construction yard P Special trade contractor p Personal Services Linen supply p Carpet and upholstery cleaning P* Dry cleaning plants p* Auto Repair, Services and Parking Automobile parking and storage (paved surface) P Body and paint shops p* General automotive repair p* Carwash p Miscellaneous Repairs Electrical and electronic repair p """ Reupholstery and furniture p* Welding p Heavy machinery and equipment (maintenance, repair, and sales) P Social Services Job training services P Wholesale Trade Durable goods (not including demolition debris site,junk yard, recycling center) P Non-durable goods P Auto and home supply store P Gasoline service station P Automotive parts (used) P* Boat dealer p Recreational vehicle dealer P Motorcycle dealer P Automotive Dealers and Services Automobile sales and rentals (new and/or used) P Automotive fluid sales and services (other than gasoline) P* Eating and Drinking Establishments Restaurant P Take out restaurant P Drive through restaurant P Fuel dealer P* Marine-Related Commercial Activities Boat sales and rental P ATTACHMENT 3 FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOvemyuistrictordinace.doc 12 ORDINANCE 2014- �.. Marine repair and services p Industrial Food and kindred products p* Fruit and vegetable juice extraction p* Fruit and vegetable packing house p* Cloth and clothing products (excluding textile mills) p* Lumber and wood (excluding lumber/saw mills) p Furniture and fixtures p Printing and related support activities p Chemicals p* Rubber and plastics (excluding tire manufacturing) p* Rubber and plastic footwear p Hose, belts, gaskets and packing p* Fabricated rubber products p* Drugs and pharmaceuticals p* Footwear p* Other leather goods p* Brick and tile p Concrete batch plants S Concrete cast products (excluding block and brick) p Cut stone and marble products p Glass and glass products p Fabricated metal products p* Machine shop p* Industrial machinery and equipment p Electronic and other electric equipment p Transportation equipment p Instruments and related products p Junk and salvage yards (unenclosed facilities) S Salvage facility (enclosed building) p* Demolition Debris Site PI Transportation and Utilities Railroad and bus transportation services p Trucking and courier services p Commercial warehousing & storage p Moving and storage p Trucking terminal p Self-storage p Outdoor storage p Vehicle storage lot(unpaved, buffered per 926 and 954) p Postal services p Pipelines p Transportation Services �.. Freight transport arrangement (scheduling, shipping) P Communications Communications towers (wireless facilities) A** FACommunity Development\Gifford(WGIC)\2014UP� -3L+ ve avDistrictordinace.doc 13 ORDINANCE 2014- Communications towers (non-wireless facilities) Amateur radio (accessory use) p Less than 80 feet p 80 feet or taller(see 971.44(4) forspecial criteria) S Commercial Up to 70 feet: Camouflaged p Non-camouflaged p 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) A Not camouflaged and not monopole A/S** Over 150 feet: All tower types (see 971.44(1) for special criteria) S Utilities Public and private utilities, heavy S Gas services p Electric services p Water services p Irrigation systems p Residential Uses Accessory housing (watchmen) p Single-family subdivision A Multi-family dwelling A Business Services Credit reporting and collection p Mailing, reproduction and stenographic services P Equipment rental and leasing p Employment agency p Help supply services p Computer and data processing p Miscellaneous Repair Electrical repair p Watch, clock, jewelry p Research, testing, technology services P Retail Trade Building materials and garden supplies (retail and wholesale) P Paint, glass and wallpaper stores P* Hardware store P Auction facilities, enclosed P New and used cars dealer p Used vehicle sales P Auto and home supply stores P Convenience store P P= Permitted use A=Administrative permit use TA�UY F:ACommunity Development\Gifford(WGIC)\2014U 14BCCWGICOveriayllistrictordinace.doc 14 ORDINANCE 2014- '"aw S= Special exception use *The use shall be conducted within an enclosed building. **See 971.44 for wireless regulations and to determine whether the administrative permit or special exception use process applies. (6) Upgrade of 45`h Street Appearance. On or before June 30, 2015, the owner of any pre- existing junk and salvage yard (unenclosed facility) that fronts 45th Street shall obtain approval from the community development director or his designee of a landscaping and irrigation plan for a continuous vegetative screening between 45th Street and the salvage yard area. A wall or similar structure with aesthetic features may substitute for continuous vegetative screening if shown on an approved plan. The landscaping and irrigation plan, or plan for a wall or similar structure with aesthetic features, shall be subject to the following: A. Landscaping improvements shown on the approved landscaping plan shall be installed, inspected, and deemed acceptable by county staff on or before June 30, 2016. B. Plans shall show a wall (or similar structure) with aesthetic features or vegetative screening consisting of one or more of the following: planted berms, vines, shrubs, understory trees and canopy trees. Where used, vines shall be planted no further apart than 42" on center and shrubs shall be planted no further apart than 36" on center. Landscaping and irrigation improvements shall be designed in a manner that does not '4.. increase the degree of non-conformity with respect to parking area for any junk and salvage yard (unenclosed facility). This requirement to provide a wall (or similar structure) with aesthetic features or continuous vegetative screening shall not infringe upon the right of a property owner to continue to use a legally established (grandfathered-in) non-conforming parking area adjacent to 45th Street. C. Where a wall or similar structure with aesthetic features is substituted for continuous vegetative screening, the wall or similar structure shall be constructed, inspected, and deemed acceptable by county staff on or before June 30, 2016. (7) Buffer yard requirements. For new development, where a nonresidential use within the WGIC overlay area directly abuts a single-family or multifamily residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property line of the development site. Single-Family Zoning Multi-Family Zoning Type A 6 ft. Opaque Type A 6 ft. Opa ue The buffer yard shall be measured at a right angle to the lot line. All buffering and screening requirements shall meet the standards established in Chapter 926, Landscaping and Buffering. No off-street parking or loading area shall be permitted within the required minimum ~` buffer yard. FACommunity Development\Gifford(WGIC)\2014UPDATE\X l CMOverlayDi ruinace.doc 15 ORDINANCE 2014- .,,r, A. A loading dock located adjacent to a residentially designated site and not screened from view of the adjacent residential site by an intervening building or similar structure shall be screened by an eight foot high wall located between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape ordinance section 926.08. B. A loading area associated with a salvage facility (enclosed building) shall be screened from view from adjacent properties and roadways by an eight foot opaque feature consisting of a wall or wall and berm combination. C. Roadway buffers shall be provided as specified in landscape ordinance section 926.09, "Landscaping along roadways". D. Where a non-residential use abuts a property with a residential land use designation, the required buffer opaque feature shall consist of a wall with required understory trees and shrubs installed on the side of the wall facing the residential property. E. Where a wall is used in a buffer area or along a project perimeter, there shall be variation in the design of the wall, as provided below. Variation shall be provided by use of one (1) or more of the following design criteria or other similar design measures approved in writing by the community development director or his designee: a. Using two (2) color paint schemes. b. Staggering the location of the wall. Straight wall length should not exceed one hundred (100) feet. The minimum dimension of a wall offset shall be three (3) feet. C. Accenting the wall with articulated decorative features. d. Breaking up the appearance of long sections of wall by the placement of landscaped berms in front of the wall. Unbermed wall sections shall not exceed one hundred (100) feet in length. (8) Mulch products and services special regulations (a) The administrative permit process and regulations for specific land uses ordinance section 971.04 shall apply to mulch products and services development projects, including projects that propose expansion of existing mulch operations. (b) Development application special information requirements: 1. A list of on-site activities and materials stored, handled, processed, and produced on site (including by-products), together with a list of any MSGP (Multi-Sector General Permit) special industry sector pollution discharge requirements applicable to the proposed project. FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOverlayDistrictordinace.doc 16 AnAcHMENT � ORDINANCE 2014- -vow 2. A national pollutant discharge elimination system (NPDES) pollution prevention plan. The pollution prevention plans shall adequately address the following: a. Containment of run-off from stockpiles. b. Containment of leaks and spills from vehicles and equipment used in transporting, handling, or processing materials. C. Use of wind erosion control measures in stockpile, mulching/processing, and driveway areas. 3. A site plan labeling and depicting the distance from any area where materials are stockpiled, loaded/unloaded, or processed outside an enclosed building to any property containing a residential dwelling (including a mobile home) within three-hundred (300) feet of such area. 4. A comprehensive dust and spillage control plan that, at a minimum, addresses the following: a. Treatment of stockpiles, on-site processing areas, and loading/unloading areas; �. b. Control of dust from truck, equipment, and mulching operations on site; C. Methods of treatment, such as spraying/watering systems or other dust suppressants, devices and techniques, that prevent or minimize air-borne emissions from on-site and off-site activities; d. Use of mechanical dust and particulate recovery devices and techniques; e. Methods of preventing, minimizing, and cleaning up material spillage on site and along adjacent roadways; 5. The applicant shall submit for and obtain fire department approval of a fire protection plan that provides for adequate stockpile management and access, and fire suppression improvements. (c) Criteria for mulch products and services: 1. Dust, particulates, and material spillage shall be controlled in accordance with the project's approved comprehensive dust and spillage control plan submitted in accordance with the above requirements. The county may attach special conditions to project approval. Such conditions may include but are not limited to sprinkler systems, monitoring systems, structural enclosures, or operational programs to ensure compliance with the approved dust and spillage control plan. F:ACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCC�ICTDistrictordinace.doc ( 7 ATI 3 ORDINANCE 2014- 2. Material stockpiles of non-combustible material shall not exceed a height of twenty-five (25) feet above the grade of the adjacent project site perimeter. The height of combustible material stockpiles shall be regulated by the project's fire protection plan as approved by the fire department. 3. No area where raw materials are stockpiled, loaded/unloaded, mulched, or processed outside an enclosed building shall be located closer than three hundred (300) feet to any residential dwelling (including a mobile home) or residentially zoned property. 4. A Type "A" buffer with 6' opaque feature shall be provided between any residentially zoned property or residential dwelling unit (including a mobile home) and any area where materials are stockpiled, loaded/unloaded, mulched, or processed outside an enclosed building. 5. The following best management practices (bmps) shall apply to the design and operation of the mulch facility. A. Design and build equipment work areas, chemical storage areas, and loading/unloading areas with spill containment features and locate such areas away from any waterbodies, swales, or recharge ditches. (a) Maintain an approved spill contingency plan in work, storage, and loading/unloading areas. (b) Maintain periodic worker training on spill contingency procedures, including immediate and corrective actions, and the filing of incident reports. (c) Maintain spill kits in work, storage, and loading/unloading areas. B. Use double-lined fuel tanks with a secondary containment around the tanks. C. Provide convenient and proper solid waste disposal for workers and for drivers entering or exiting the site. D. Label every 55 gallon drum and every container for fuel, chemical, by-product, and waste including non-hazardous waste. Ir F1Community Development\Gifford(WGIC)\2014UPDAT ,MMayDisnmoramace.doc � g ORDINANCE 2014- .".. (1) Secure all drums with lids and keep all drums in one common area marked either Hazardous or Non Hazardous as per RCRA (Resource Conservation Recovery Act) (2) Store containers and drums under structures that provide cover and protect drums from exposure to precipitation. (3) Use a covered area, conex box, or other appropriate container with spill containment to store solvents, anti-freeze, used oil, used oil filters, used rags, aerosol cans, and lead acid batteries. E. Display permits on-site. F. Maintain on site a file of all approved plans, monitoring reports, inspections reports, incident reports, and documentation of corrective actions. G. Provide county staff and post at the site entrance an emergency contact that can handle environmental and public safety incidents during and after business hours. (9) Demolition debris sites (a) The WGIC overlay special regulations for concrete batch plants shall apply to demolition debris site development projects. (b) The special exception process and criteria of regulations for specific land uses ordinance section 971.05 shall apply and the specific land use criteria of section 971.27(l) for demolition debris sites shall apply to demolition debris site development projects. (10) Concrete batch plants (a) The special exception process and regulations for specific land uses ordinance section 971.05 shall apply to concrete batch plant development projects. (b) Development application special information requirements: 1. A list of on-site activities and materials stored, handled, processed, and produced on site (including by-products), together with a list of any MSGP (Multi-Sector General Permit) special industry sector pollution discharge requirements applicable to the proposed project. A CHMENT 3 FACommunity Development\Gifford(WGIC)\2014UPDATE\ 1 BCCWGICOverlayDistr _lace.doc 1 9 ORDINANCE 2014- 2. A national pollutant discharge elimination system (NPDES) pollution prevention plan. Such pollution prevention plan shall incorporate applicable items from the county's list of industrial best management practices (BMPs) into the pollution preventions plan. [Said list is maintained by and available from the county planning department]. In addition, the pollution prevention plans shall adequately address the following: a. Containment of run-off from stockpiles. b. Containment of leaks and spills from vehicles and equipment used in transporting, handling, or processing materials. C. Use of wind erosion control measures in stockpile, processing areas, and driveway areas. 3. A site plan labeling and depicting the distance from any area where materials are stockpiled, loaded/unloaded, or processed outside an enclosed building to any property containing a residential dwelling (including a mobile home) within three-hundred (300) feet of such area. 4. A comprehensive dust and spillage control plan that, at a minimum, addresses the following: a. Treatment of stockpiles, on-site processing areas, and loading/unloading areas; b. Control of dust from truck, equipment, and operations on site; C. Methods of treatment, such as spraying/watering systems or other dust suppressants, devices and techniques, that prevent or minimize air-borne emissions from on-site and off-site activities; d. Use of mechanical dust and particulate recovery devices and techniques; e. Methods of preventing, minimizing, and cleaning up material spillage on site and along adjacent roadways; f. Applicable items from the county's list of industrial operation BMPs. 5. Noise modeling data and analysis demonstrating compliance with Chapter 974 noise and nuisance requirements, including special conditions necessary to ensure compliance with Chapter 974 requirements. Such conditions may include but are not limited to special setbacks, buffers, noise-mitigating structures, equipment specifications, and hours of operation limitations on certain activities. FACommunity Development\Gifford(WGIQ\2014UPDATk\ AtU" QytayD' 1--dinace.doc 10 ORDINANCE 2014- '"Mow (c) Criteria for concrete batch plants: 1. The noise ordinance requirements of Chapter 974 shall be satisfied. Based on the approved noise modeling data and analysis submitted in accordance with the above requirements, the county may attach special noise mitigation conditions to project approval. Such conditions may include but are not limited to limitations on hours of operation, use of sound barriers, and use of muffling devices or techniques to ensure compliance with Chapter 974 requirements. The following noise mitigation criteria shall be satisfied: a. Sound-deadening walls or panels shall be placed at truck loading/unloading areas and at bin gates. b. An enclosed blower building shall be constructed and used for the pumping of fly ash. C. Trucks using the site that are equipped with back-up alarms shall use alarms that direct sound toward the back of the truck. 2. Dust, particulates, and material spillage shall be controlled in accordance with the project's approved comprehensive dust and spillage control plan submitted in accordance with the above NOW requirements. The county may attach special conditions to project approval. Such conditions may include but are not limited to sprinkler systems, structural enclosures, monitoring systems, and/or operational conditions to ensure compliance with the approved dust and spillage control plan. The following dust control and air emissions criteria shall be satisfied: a. Covers shall be provided over aggregate conveyors and mixing areas. b. Siding, walls, or cladding shall be provided around aggregate discharge gates and scales. C. Sprinklers shall be provided and used to wet all site areas and driveways used by trucks. d. Wheel wash facilities shall be provided to prevent tracking of material off-site. e. As a condition of project approval, the county may require an applicant to submit air emissions monitoring reports and take corrective action to ensure compliance with applicable state and federal air emissions requirements. 3. Material stockpiles shall not exceed a height of fifteen (15) feet above the grade of the adjacent project site perimeter. The following criteria for the outdoor storage of aggregate and similar materials shall be satisfied: F:\Community Development\Gifford(WGIC)\2014UPDATAIRMIa dinace.doc ^, 1 fy ORDINANCE 2014- a. Stockpiles shall be contained in three-walled storage bins oriented to reduce the potential for airborne emissions from prevailing winds. b. Storage bins shall be partially roofed to reduce the potential of air-borne emissions. C. The height of bin walls, including vertical screening structures placed on top of bin walls, shall exceed the height of materials stockpiled within the bins by at least six (6) feet where bins are open to the sky. 4. No area where materials are stockpiled, loaded/unloaded, mixed, or processed outside an enclosed building shall be located closer than three hundred (300) feet to any residential dwelling (including a mobile home) or residentially zoned property. 5. A Type "A" buffer with 6' opaque feature shall be provided between any residentially zoned property or residential dwelling unit (including a mobile home) and any area where materials are stockpiled, loaded/unloaded, mixed, or processed outside an enclosed building. 6. Prior to issuance of a Certificate of Occupancy (C.O.) for the facility, and once a year thereafter, the plant manager shall invite and meet with community representatives to exchange contact information and address actual and potential nuisances related to the plant. The list of community representatives shall be maintained by the Community Development department. (11) Single-family subdivision special regulations (a) The administrative permit process and criteria of regulations for specific land uses ordinance section 971.04 shall apply to single-family subdivision projects. (b) Additional information requirements: 1. Location, width, composition, and a cross-section of each required buffer. (c) Criteria for single-family subdivision 1. The single-family residential subdivision project site shall be located west of 52nd Avenue, shall abut residentially designated property, and shall not be located or configured so as to project the foot print of a residential use into a commercial/industrial area. FACommunity Development\Gifford(WGIC)\2014UPDATEA*11 XfflM fyDistr3° inace.doc ORDINANCE 2014- 2. A Type "A" buffer with 6 foot opaque feature shall be provided as a required subdivision improvement where the subdivision project abuts property designated CA (Commercial/Industrial). (12) Multi family dwellings special regulations (a) The administrative permit process for an administrative permit approved at staff-level and the criteria of regulations for specific land uses ordinance section 971.04 shall apply to multi-family dwellings. (b) Additional information requirements: A site plan meeting the requirements of Chapter 914. (c) Criteria for multi family dwellings: 1. All dwelling units shall be accessory to an allowed use within the overlay area; 2. In cases where a residential unit is being used in conjunction with a business in the same building, the total floor area of the residence may exceed the total floor area of the business. 3. No ground floor dwelling unit shall front a street. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. ACHMENT _:� FACommunity Development\Gifford(WGIC)\2014UPDATE\6-3-14BCCWGICOverlayDistrictordinace.doc '13 ORDINANCE 2014- �.. This ordinance was advertised in the Press-Journal on the 1 st day of May, 2014, for a public hearing to be held on the 13th day of May, 2014, and on the 21 st day of May, 2014 for a second public hearing to be held on the 3rd day of June, 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman there upon declared the ordinance duly passed and adopted this 3rd day of June, 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY � Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Ummunity Development Director FACommunity Development\Gifford(WG1Q\2014UPDA" P�i- A"1KT'layr7 dinace.doc 'Z4 z� IC « SCRIPPS TREASURE COAST NEWSPAPERS K Thursday,✓Mayl,Z 14 (( SA MIAN RIVER COUNTY NOTICE OF PUBLIC HEARING Beginning Speech/Lip- NOTICE IS HEREBY GIVEN that the Board of IT MORE? reading Class:Understand what is said in any County Commissioners of Indian River County, inevents environment(noise,multiple Florida shall hold two public hearings at which parties ing in Indian River p ART/CRAFTS and throughout conversations,trouble Oil Painting Classes:Noon- in interest and citizens shall have an opportunity to be isure Coast,log hearing,trouble speaking); 4 p.m.Crafts&Stuff,658 heard, in the County Commission Chambers of the :Palm.com/ Chapter,Hearing Loss Association Miracle Mile Plaza,Vero Beach. County Administration Complex located at 1801 27th ar. As772-562-0540. 9:45 a.m.Tues.and Thurs., Street,Vero Beach,Florida on: six weeks,May 1 to June 12. — CHILDREN V,1001 C.R.512, Meeting Room,Treasure Coast Baby Sign Language:10 a.m. FIRST HEARING: Community Health,1545 Oslo North IRC Library,1001 C.R.512, Tuesday,May 13, 2014 at 9:00 a.m., and; ?uit Class:5:30 Road,Vero Beach.$25-$30; Sebastian.Infants-2 years.772- i River County limited to 10.Application: 589-1355;www.irclibrary.org. SECOND HEARING: )artment,1900 27th speechreaderl@gmail.com; Lego Club:4 p.m.IRC Main Tuesday June 3, 2014 at 5:01 m. each.Ages 18+, www.treasurehearing.org. Library,1600 21st St.,Vero P 77-819-2357;www. Puppy&Dog Training: Beach.first-to fifth-grade.772- to consider adoption of an ordinance;entitled: co.com. Six-week class.7-8 p.m. 770-5060;www.irclibrary.org. starting May 1 or 1-2 p.m. Lego Club:4 p.m.North d Certification starting May 2.Humane IRC Library,1001 C.R.512, AN ORDINANCE OF INDIAN RIVER COUNTY, eme s Florida Society of Vero Beach and Sebastian.lst-5th grade.772 Ibers to fulfill FLORIDA CONCERNING AMENDMENTS TO rements for IRC,6230 77th St.,Vero 589-1355;www.irclibrary.org. ITS LAND DEVELOPMENT REGULATIONS Beach.$40.Register:772- ExeeclsE/HEALTH (LDRS); PROVIDING FOR AMENDMENTS TO ays of taking 388-3331;cellisC hsvb.or . esses the most ABC Tg ai Chi:5:30 p.m. CHAPTER 911, ZONING, BY CREATING THE ects of day-to-day FRIDAY Alignment,Balance,Circulation. WEST GIFFORD INDUSTRIAL AND COMMERCE rs'association AARP Smart Driver 5:30 p.m.IRC Main Library,1600 (WGIC) OVERLAY REGULATIONS SECTION certificate of Refresher Course: 21st St.,Vero Beach.Age 16+. .1 p.m.hors 9 a.m.-3:30 p.m.County Donation.772-770-5060,ext. 911.23; AND BY PROVIDING FOR REPEAL OF 1:30 class. administration Bldg.A,1801 4121;irclibrary.org. CONFLICTING PROVISIONS, CODIFICATION, ,305 Acacia Road, 27th St.,Vero Beach.$15 to Aikido Classes:6-7:30 p.m. SEVERABILITY,AND EFFECTIVE DATE. .RSVP:561-989- $20.Register:772-489-8140. Leisure Square,16th Street, anie.arana@ IRCHS I VAPA Visual Vero Beach.Age 16+.$4.772- Said ordinance, if adopted, will create special overlay Il.com. Art Student Showcase: 559-8193;verobeachaikido@ sure/Sugar Showcasing student gmail.com. regulations that will apply to 163 acres of property s:For morning works with influence of A.M.Aerobics:9-10 a.m. zoned IG (General Industrial) within West Gifford, tests,fast from postmodernism.5-7 p.m.The All fitness levels.Improve generally located between 43rd Avenue and 58th .9-11 a.m.VNA Charter Dome @ IRCHS,6055 flexibility,endurance,overall Avenue north of 41st Street and south of 47th Street. .sures,656 21st College Lane,Vero Beach. health.Community Center,2266 proposed overlay regulations will establish special ach. 772-567-6600;www.IRCHS. 14th Ave.,Vero Beach.$3.772- p inners& org. 770-6517;covb.org. development regulations and will change the list of >P.M.May 1,8, Blood Pressure Group Bicycle Ride-Leaders uses allowed within the 163 acre area. stian Animal Screenings:11 a.m.-1 p.m. Choice Ride:25-30 miles; 8 U.S.1,Vero VNA Hidden Treasures,656 moderate pace,sponsored by A copy of the proposed ordinances will be available at Register: 21st St.,Vero Beach.Also: Vero Cycling.7 a.m.Orchid the Planning g Division office located in Buildin A" 3;www. 11 a.m.-1 p.m.VNA Hidden Island Bikes and Kayaks,1175 g of the County Administration Complex, beginning rdogtraining.org. Treasures,11646 U.S.1, Commerce Ave.,Vero Beach. la(LPH2/LDH7) Sebastian. Age 18+.www.verocyclingclub. May 1, 2014. Anyone who may wish to appeal any Drganization: Silent Art Auction:Benefits org/pages/ride-schedule. decision,which may be made at this meeting,will need rowne Plaza Hotel, Indian River Habitat.10 a.m.- Intermediate Walking to ensure that a verbatim record of the proceedings is Contact Robert 6 p.m.,through May 2.Indian Qigong:8-9 a.m. made, which includes testimony and evidence upon 1,152 Frissell St., River Habitat Home Center Cloudwalker Place,1533 U.S. Y .23663;757-723- ReStore,4580 N.U.S.1,Vero 1,Vero Beach.$10.772-318- which the appeal is based. 6709@gmail.com; Beach.772-257-0222;www. 7660;www.thecloudwalker. Iipmates.cfns.net. irchabitat.org. com. Please direct planning-related questions to the current development section at 226-1242. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH he promotion of in community banking in responsible for much of DISABILITIES ACT (ADA) COORDINATOR AT H,executive vice South Florida for nearly 25 the day-to-day operations, 226-1223 AT LEAST 48 HOURS IN ADVANCE OF i the position of years,much of that on the including overseeing the THE MEETING. ing officer. Treasure Coast. construction of three new )fined the bank In addition to overseeing freestanding locations. INDIAN RIVER COUNTY the position of the lending functions of the — ---- BOARD OF COUNTY COMMISSIONERS °r and has been bank, Russell will also be Staff report BY-s-Peter D. O'Bryan, Chairman 6/3/2014 Final Adoption Hearing for West Gifford (WGIC) Overlay Regulations Board of County Commissioners June 3, 2014 5:01 PM n t' K T i rC•' {� '.� i ..> IG zamnp eirtr'uf Boun•ary P—I S—d.ry ©6++Aan Axaer Vbvmy tlwsud Kr pwpMvsyZ. �y. 1 6/3/2014 Proposed Overlay Regulations • Apply to 163 acres zoned IG • Add 39 uses, eliminate 15 uses, retain most IG uses • Specially regulate mulch facilities, concrete batch plants, and demolition debris facilities 3 Proposed Overlay Regulations (Cont'd) • Require landscaping or aesthetic wall between existing junk yards and 45th Street by 2016 4 `/ 2 6/3/2014 May 13, 2014 BCC Hearing #1 • Directed revision: "... wall or similar structure..." • Announced intention to adopt regulations • Supported three, time-limited incentives for junk yard aesthetic walls along 45th Street 5 Staff has made minor revisions to proposed ordinance, as directed. Two incentives ready to implement. Third incentive (financial) will be presented to BCC at later date 6 /' 3 6/3/"2014 Staff Recommendation 1. Adopt overlay regulations 2. Authorize refunds for application and permit fees for junk yard/45th Street aesthetic walls already applied for 3. Authorize payment of application and permit fees for future walls through December 31, 2014 4. Authorize prioritizing wall applications and permits over other application and permit submittals through December 31, 2014 1q. 4