1 Introduced by the Council President at the request of the Mayor: 2 3 ORDINANCE 2011-375 4 5 AN ORDINANCE 6 PUBLIC CONVENIENCE AND NECESSITY (CON) GRANTED 7 TO 8 ORDINANCE 2009-845-E; AMENDING ORDINANCE 2009- 9 845-E COASTAL BY CONCERNING RECYCLING AMENDING THE SIDE-SLOPE A CERTIFICATE SERVICES, STOCKPILE REQUIREMENTS LLC HEIGHT OF OF BY AND 10 VERTICAL SPECIFIC 11 CONDITION 10 AND THE OPERATING HOURS PROVISION 12 OF SPECIFIC CONDITION 11 IN EXHIBIT 1 THEREOF; 13 MAKING NO OTHER CHANGES TO ORDINANCE 2009-845- 14 E; PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, Ordinance 2009-845-E, which granted Coastal Recycling 17 Services, LLC (“Coastal”) a Certificate of Public Convenience and 18 Necessity (“CON”), was enacted by Council on December 8, 2009, and 19 became effective December 11, 2009; and 20 WHEREAS, the “Coastal Recycling Services, LLC Certificate of 21 Public Convenience and Necessity Specific Conditions” was attached 22 as Revised Exhibit 1 to that ordinance and is on file with the 23 Chief of Legislative Services; and 24 WHEREAS, due to a scrivener’s error, the CON granted in the 25 ordinance included incorrect stockpile height and vertical side- 26 slope requirements in Specific Condition 10; and 27 28 29 WHEREAS, Coastal has requested that the Operating Hours specified in Specific Condition 11 of the CON also be modified; and WHEREAS, the Environmental and Compliance Department and the 30 Planning and Development Department 31 requested changes to the CON; and have no objections to the WHEREAS, the Council finds that Ordinance 2009-845-E should be 1 2 amended to correct the erroneous stockpile height and vertical 3 side-slope requirements and permit the operating hours requested by 4 Coastal; now therefore 5 BE IT ORDAINED by the Council of the City of Jacksonville: 6 Section 1. 845-E 8 Services, 9 Specific Conditions”, attached thereto as Exhibit 1, by (a) amended, LLC in part, Certificate to of amend Public the Ordinance 2009- 7 10 is Ordinance 2009-845-E amended. “Coastal Convenience and amending Specific Condition 10 thereof to read: 11 “No waste or 12 stockpiled longer than 90 days. At no time may 13 the 14 exceed 15 ground surface, or have side slopes greater 16 than 3 2 Horizontal: 1 Vertical. 17 materials will 18 designated storage 19 the approved Site Plan. The final total height 20 within each of these designated storage areas 21 will be determined by the aerial extent of the 22 storage 23 ratio, 24 height. 25 Services, 26 area footprint(s), Coastal Recycling Services, 27 LLC shall submit a modified Site Plan to the 28 Solid Waste Division for approval through an 29 amendment to 30 Recycling Services, 31 ensuring that no stockpiled waste is blown off height recoverable of the thirty but in In LLC material (30) fifty be footprint the areas case event to CON LLC 2 the shown in Recycling the application. on slope 50-feet Coastal is in side exceed modify above Stockpiled footprint 2:1 be piles feet only wishes its (50) the may storage stored using no materials storage Coastal responsible for Recycling Necessity 1 or washed off of the project property site.” 2 and 3 (b) amending Specific Condition 11 thereof to the to 4 read: 5 “The 6 between the hours of 7:30 7:00 a.m. and 5:00 7 6:00 p.m., Monday through Friday and 8:00 a.m. 8 to 9 operated facility 12:00 will be open p.m. Saturday. Monday through Equipment Saturday public may from be 7:30 10 a.m. until 6:00 p.m. to load outgoing loads. 11 The 12 Saturday with the exception of the following 13 holidays: 14 Memorial Day, Labor Day, Thanksgiving Day, day 15 after Thanksgiving and Christmas Day.” 16 Section 2. Facility New All shall years other be open Day, Monday Fourth aspects of through of July, Ordinance 2009-845-E 17 unchanged. With the exception of Section 1 of this ordinance, in 18 all other respects Ordinance 2009-845-E shall remain unchanged, and 19 in full force and effect. 20 Section 3. Effective Date. This ordinance shall 21 become effective upon signature by the Mayor, or upon becoming 22 effective without the Mayor’s signature. 23 24 Form Approved: 25 /s/ James R. McCain, Jr. 26 27 Office of General Counsel Legislation prepared by: James R. McCain, Jr. 28 G:\SHARED\LEGIS.CC\2010\ord\05.23.11.Coastal.CON.Amend.2009.845.doc 3