Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Open a public hearing and introduce Ordinance 2022-72 to allow a materials recovery facility as a permitted use in the M-2 and M-3 zoning districts subject to criteria (COD22-44744). (This is the first of two public hearings. The second and final hearing is scheduled for Tuesday, August 16, 2022.)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
The ad ran on 7/22/2022 in the Ocala Star-Banner
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BACKGROUND: Staff has prepared an ordinance to allow a materials recovery facility (MRF) as a permitted use in the M-2 and M-3 zoning districts with criteria. The proposed ordinance also includes definitions for a MRF, recycling center, solid waste, and recovered materials.
A MRF is a solid waste facility that provides for the separation of solid waste and recyclable materials. A recycling center includes recovered materials (recyclables) that may have a small amount of solid waste. Currently, the code only allows a recycling center. Unlike a recycling center, a MRF requires a Florida Department of Environmental Protection (FDEP) permit.
A waste transfer station is an indoor facility where solid waste materials, including yard waste, demolition materials, and household refuse, are transferred from small vehicles to large trucks for efficient transport to landfills, recycling centers, and other disposal sites. The proposed ordinance does not include a waste transfer station definition or use.
Planning & Zoning Commission recommended approval by a vote of 6 to 0.
FINDINGS AND CONCLUSIONS: The proposed ordinance was drafted by staff and is consistent with comparable ordinances concerning similar types of uses. The ordinance also includes adding back a use (construction and demolition landfill) in certain places that were removed during the most recent codification of the code. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW:
The ordinance is pending review by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Approve with changes
• Deny
• Table
ORDINANCE 2022-72
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING ZONING; AMENDING SECTION 122-2, PROVIDING FOR DEFINITIONS BY ADDING DEFINITIONS FOR RECOVERED MATERIALS AND SOLID WASTE; AMENDING SECTION 122-2A PROVIDING FOR DISTRICT USE CATEGORIES BY ADDING CONSTRUCTION AND DEMOLITION LANDFILL AND MATERIALS RECOVERY FACILITY TO THE HIGH-IMPACT INDUSTRIAL USE CATEGORY; AMENDING SECTION 122-3, PROVIDING FOR DISTRICT USE DEFINITIONS BY ADDING A DEFINITION OF MATERIALS RECOVERY FACILITY AND REVISING THE DEFINITION OF RECYCLING CENTER; AMENDING SECTION 122-287 PROVIDING A TABLE OF PERMITTED USES BY ADDING “CONSTRUCTION AND DEMOLITION LANDFILL” AND “MATERIALS RECOVERY FACILITY” IN THE INDUSTRIAL USE/HIGH-IMPACT INDUSTRIAL USE CATEGORY AS PERMITTED USES IN THE MEDIUM INDUSTRIAL (M-2) AND HEAVY INDUSTRIAL (M-3) ZONING DISTRICTS SUBJECT TO CRITERIA IN THE LEGEND; AMENDING SECTION 122-287 PROVIDING FOR A LEGEND FOLLOWING THE TABLE OF PERMITTED USES BY ADDING CONSTRUCTION AND DEMOLITION LANDFILL “X50” (REFERENCING SECTION 122-224) AND MATERIALS RECOVERY FACILITY “X55” (REFERENCING SECTION 122-1225); AMENDING SUBSECTION 122-782(7)a PROVIDING FOR PERMITTED USES BY ADDING “CONSTRUCTION AND DEMOLITION LANDFILL” IN THE HIGH-IMPACT INDUSTRIAL USE CATEGORY AS A PERMITTED USE IN THE M-2 ZONING DISTRICT SUBJECT TO CRITERIA (REFERENCING SECTION 122-1224) AND “MATERIALS RECOVERY FACILITY” IN THE HIGH-IMPACT INDUSTRIAL USE CATEGORY AS A PERMITTED USE IN THE M-2 ZONING DISTRICT SUBJECT TO CRITERIA (REFERENCING SECTION 122-1225); AMENDING SUBSECTION 122-802(7)A PROVIDING FOR PERMITTED USES BY ADDING “CONSTRUCTION AND DEMOLITION LANDFILL” IN THE HIGH-IMPACT INDUSTRIAL USE CATEGORY AS A PERMITTED USE IN THE M-3 ZONING DISTRICT SUBJECT TO CRITERIA (REFERENCING SECTION 122-1224) AND “MATERIALS RECOVERY FACILITY” IN THE HIGH-IMPACT INDUSTRIAL USE CATEGORY AS A PERMITTED USE IN THE M-3 ZONING DISTRICT SUBJECT TO CRITERIA (REFERENCING SECTION 122-1225); ADDING SECTION 122-1225 CONCERNING CRITERIA FOR A MATERIALS RECOVERY FACILITY IN THE SUPPLEMENTARY REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OCALA, FLORIDA, in regular session as follows:
Section 1. That Section 122-2 of the Code of Ordinances, City of Ocala, Florida is hereby amended by adding the following definitions, which shall be codified such that all definitions in such section are in alphabetical order:
Sec. 122-2. Definitions.
Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential and have been previously diverted and source separated, whether or not the materials require subsequent processing or separation from each other or whether they contain solid waste. Specifically, the contents of a residential cart designated for recyclable materials shall constitute “recovered materials” without regard to whether and to the extent such contents include contamination or solid waste. Recovered materials as described herein are not solid waste materials.
Solid waste means garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, agricultural, or governmental operations.
Section 2. That Section 122-2A of the Code of Ordinances, City of Ocala, Florida is hereby amended by revising the following district use category to read as follows (all other categories shall remain unchanged):
High-impact industrial use includes the uses: automobile wrecking yard; construction and demolition landfill; CRA existing industrial uses (off-site expansion); hazardous waste, bulk storage; industrial dry-cleaning plant; manufacturing, heavy; materials recovery facility; and recycling plant.
Section 3. That Section 122-3 of the Code of Ordinances, City of Ocala, Florida is hereby amended by adding the definition of a materials recovery facility and revising the definition of recycling center, which shall be codified such that all definitions in such section are in alphabetical order:
Sec. 122-3. District uses definitions.
Materials Recovery Facility means a solid waste management facility that provides for the separation of solid waste and recyclable materials. The recyclable materials are processed for reuse and the solid waste materials are sent to a landfill or disposal facility.
Recycling Center means a facility engaged solely in the processing, resale, or reuse of recovered materials.
Section 4. That Section 122-287 (Table of Permitted Uses) of the Code of Ordinances, City of Ocala, Florida, is hereby amended by adding the following uses in the industrial/high-impact use category to read as follows (all other columns of such row shall remain unchanged):
Sec. 122-287. Table of permitted uses.
|
Use Category |
Use Type |
M-2 |
M-3 |
|
Industrial uses High-Impact Industrial Use |
Construction and demolition landfill Materials recovery facility |
X50 X55 |
X50 X55 |
Section 5. That Section 122-287 of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
In the Legend following the Table of Permitted Uses, add the following:
|
X50 |
Section 122-1224 |
Construction and demolition landfill criteria |
|
X55 |
Section 122-1225 |
Materials recovery facility criteria |
Section 6. That Subsection 122-782(7)a of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 122-782. Permitted principal uses.
The following uses are permitted without exception in the medium industrial (M-2) district:
(7) Industrial uses:
a. High-impact industrial use:
1. Construction and demolition landfill (referencing Section 122-1224)
2. Materials recovery facility (referencing Section 122-1225)
Section 7. That Subsection 122-802(7)a of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 122-802. Permitted principal uses.
The following uses are permitted without exception in the heavy industrial (M-3) district:
(7) Industrial uses:
a. High-impact industrial use:
1. Construction and demolition landfill (referencing Section 122-1224)
2. Materials recovery facility (referencing Section 122-1225)
Section 8. That section 122-1225 of the Code of Ordinances, City of Ocala, Florida, is hereby added to read as follows:
Sec. 122-1225. Materials recovery facility criteria.
(a) A materials recovery facility shall be a permitted use in the M-2 and M-3 zoning districts, subject to the following criteria:
(1) A materials recovery facility shall be located on a parcel at least five acres in area which: (a) enjoys direct access to and from an arterial or collector street or (b) is an internal lot within an industrial zoned subdivision with direct access to and from an arterial or collector street.
(2) All solid waste or recovered materials being transferred to and from the facility must be processed inside an enclosed building on at least three sides. During daily operations, doors may remain open to accommodate the trucks delivering and removing materials. Outdoor storage of any materials is prohibited, without regard to duration.
(3) All solid waste materials and recovered materials entering a materials recovery facility shall be removed from the facility within 24 hours or the next business day. The floor of the materials recovery facility shall be cleaned daily after the last load is removed from the site.
(4) A materials recovery facility shall have a holding area for inspecting incoming loads. All hazardous materials shall be identified and removed from the site immediately and prior to processing.
(5) A materials recovery facility shall have a separate delivery area for the public.
(6) A materials recovery facility shall not operate within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance shall be measured from a material recovery facility building to the property line of a church, daycare facility, school, hospital, residence, or residentially zoned property
(7) A materials recovery facility must have, at a minimum, a 30-foot vegetative buffer. The use shall be completely screened from public view, which shall include, at a minimum, either a six-foot block/panel wall with landscaping or a six-foot berm (3:1 side slope/25 linear feet in depth) with landscaping. All landscaping shall consist of the natural vegetation and trees if any, and a continuous hedge and ornamental/shade trees (at least every 25 linear feet) if none. All landscaping shall be 100 percent irrigated and maintained. As part of the review process, the planning director may require additional fencing, landscaping, or alternative buffering to ensure complete screening of the use from public view or adjacent properties, which may include ornamental/shade trees. All other buffers shall be consistent with Section 122-260.
(8) Materials recovery facility equipment, parking spaces or any buildings on the site cannot be located in a required buffer.
(9) A materials recovery facility shall be separated by a distance of at least 750 feet from any other materials recovery facility. The distance requirements between uses shall be measured from property line to property line.
(10) A materials recovery facility shall operate only on weekdays from 7:00 am to 7:00 pm, if within 200 feet of a church, daycare facility, school, hospital, residence, or residentially zoned property. The distance requirements between uses shall be measured from property line to property line. During emergencies that would require a significant amount of materials being delivered to the site, the city may extend the hours of operation based on the needs of the community.
(11) As part of site plan/building permit process, an applicant must identify the following: size of the building(s) (amount of floor space used for the waste), hours of operation, lighting, delivery times, the number of trucks delivering/removing waste materials, size of the trucks, internal circulation of all vehicles, parking spaces for the trucks/other vehicles and the queuing system to accommodate the trucks.
(12) As part of the site plan/building permit process, an applicant shall identify the type of solid waste materials being delivered to the site, and the location and type of facility where the solid waste materials will be delivered once they leave the materials recovery facility.
(13) If a license or permit is required to operate a materials recovery facility is required pursuant to federal, state, or local law, the applicant must possess such license or permit to operate such a facility. Under no circumstances will permits or a business tax certificate be issued by the City until such license or permit is presented to the building official.
(14) A license or permit to operate a materials recovery facility by federal, state, or local law must be consistent with the City’s code of ordinances and comprehensive plan. As part of the permitting process the City may require groundwater monitoring prior to approval and during the operation of a materials recovery facility.
(15) A materials recovery facility must comply with the city's noise and waste regulations per sections 34-93 and 171 of this Code and provide a plan as part of the application to address odor and dust debris from the site, including the roads accessing the site.
(16) A materials recovery facility shall adhere to all site plan requirements as per article IV of this chapter.
(17) All structures on the site shall meet the building code requirements and life safety code requirements pertaining to the intended use.
(18) A materials recovery facility application may be subject to a Development Agreement pursuant to Sections 163.3220-163.3243, Florida Statutes. A Development Agreement may include reasonable conditions in addition to those provided in this subsection to ensure that the proposed use is compatible with the surrounding area.
Section 9. Severability Clause: Should any provision or section of this ordinance be held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 11. This ordinance shall take effect upon approval by the Mayor or becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-72
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.