IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
WITHDRAWN 4/10/2000
Title
AN ORDINANCE amending § 24002., 24004., and 24005., Jackson County Code, 1984, relating to planning, zoning and development.
Intro
ORDINANCE 3009, March 13, 2000
INTRODUCED BY Fred Arbanas, County Legislator
Body
WHEREAS, the development staff of the Public Works Department has been approached by a firm which desires to establish a commercial resource recovery firm in unincorporated Jackson County; and,
WHEREAS, such a facility would pulverize and prepare for reuse materials, such as asphalt or concrete, from a building or road being demolished; and,
WHEREAS, such a use is not presently authorized in any zoning district under the Unified Development Code; and,
WHEREAS, staff recommends this amendment; and,
WHEREAS, if the code is amended to allow this use, the proposed developer would then be permitted to apply for a conditional use permit, which must be heard by the Plan Commission and the Legislature; and,
WHEREAS, the proposed amendment is in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. § 24002., 24004., and 24005., Jackson County Code, 1984, are hereby amended, to read as follows:
Subsection 24002.2.a is amended, by the addition of the following definitions, with existing definitions to be renumbered accordingly:
Recovered Materials. Those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not they require subsequent separation and processing.
Resource Recovery. A process by which recyclable and recoverable material is removed from the waste stream to the greatest extent possible for reuse or remanufacture.
Resource Recovery Facility. A facility in which recyclable and recoverable material is removed from the waste stream to the greatest extent possible for reuse or remanufacture.
Subsection 24004.11.c is amended as follows:
Conditional Uses. The following conditional uses are authorized, subject to the provisions of Section 24003.2
1. Flea Markets and swap meets pursuant to Section 24005.10.
2. Gun clubs and firing ranges located within an enclosed building and subject to the provisions of Section 24005.9.
3. Research laboratories.
4. Resource Recovery Facilities, subject to the provisions of Section 24005.17.
5. Telecommunications towers and structures, subject to the provisions of Section24005.20.
6. Water and wastewater treatment facilities.
Section 24005. is hereby amended by the addition of a new subsection 24005.17, to read as follows, with existing subsequent subsections to be renumbered accordingly:
25005.17. Resource Recovery Facility.
a. The resource recovery facility shall be conducted in compliance with all existing federal, state and local laws and regulations including but not limited to those related to the pollution of air and water.
b. A resource recovery facility shall not be located in a 100 year floodplain.
c. Information to be filed with the Director upon application for the required conditional use permit shall include:
1. A site plan which illustrates dimensions and details of proposed structures and areas involved in receiving, processing and storage of recovered materials taken onto and removed from the proposed facility. The site plan shall also illustrate all driveways, parking areas, fencing and landscaping requirements of this section.
2. An operation plan which provides written instruction for daily operation and maintenance of the facility, and which specifically addresses:
(a) designation of persons responsible for site operation and maintenance;
(b) equipment;
(c) controlling the entry point to ensure that only appropriate recovered materials are introduced into the facility;
(d) vehicle traffic control and loading;
(e) method and sequence for processing recovered materials;
(f) provisions for dust control on site;
(g) adequate safety measures in the event of an emergency;
(h) hours of operation.
3. Stormwater management plans and designs for preventing runoff from entering or leaving the process areas of the facility and for managing stormwater which comes into contact with the recovered materials.
4. The identity of the roads which serve the route to the facility and the potential effect upon such roads from increased traffic volume and vehicle weights.
5. A report evaluating the effect of noise, odors, air pollutants, and potential explosions or fires upon existing land uses within ½ mile.
d. There shall be a minimum distance of 100 feet from the area utilized for the operation to the property boundary which shall be maintained as a buffer zone that can not be used for any equipment and machinery or storage.
e. Only biodegradable additives shall be used in the wetting agent which shall be applied at the crushing facilities. Stockpiles of recovered materials and truck loads shall also receive wetting treatments sufficient to minimize airborne particulates.
f. The driveway surface within the right-of-way shall be concrete with a pavement thickness of 8 inches.
g. The interior driveways and parking and loading areas shall be surfaced and maintained with asphaltic concrete or other surfacing material approved by the Director. Paved, dust free surfaces shall be designed to withstand anticipated traffic loads.
h. A six (6) foot tall solid, opaque fence shall be constructed around the perimeter of the property and placed no closer to the property line than the minimum building setback line established by the zoning district.
I. A minimum of one tree shall be planted for every sixty (60) feet of street frontage. Such trees may be clustered, staggered, or planted in line. Trees planted to meet this requirement shall be of the large deciduous types, such as oak, maple, ash, hickory, or thornless honey locust, and shall have a minimum diameter of 2 inches, measured at a point that is at least six inches above ground level.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #3009 of March 13, 2000 was withdrawn BY SPONSOR ARBANAS AND CONCURRED BY YOUNG AND WAITS on April 10, 2000 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas _______________ Nays _______________
Abstaining ___________ Absents ____________
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #3009.
_________________ _________________________________
Date Katheryn J. Shields, County Executive