Legislation Details

File #: LN-941    Version: 1 Name:
Type: ZBA Submission Status: Regular Agenda Ready
File created: 11/5/2026 In control: Zoning Board of Appeals
On agenda: 11/19/2026 Final action:
Title: SPECIAL EXCEPTION – PANZARELLA MRF LLC
Attachments: 1. Staff Report_26-17000010.pdf, 2. 00_Application-Owners Certificate.pdf, 3. 01_Narrative-Review Standards.pdf, 4. 02_Survey.pdf, 5. 03_Site Plan.pdf, 6. 04_Pervious-Impervious Plan.pdf, 7. 05_Auto-Turn Plan.pdf, 8. 06_Landscape Plan.pdf, 9. 07_Existing Pictures.pdf, 10. 08_Traffic Report.pdf, 11. Legal Description_26-17000010.pdf, 12. AerialMap_26-17000010.pdf, 13. PublicNotice_26-17000010.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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boardname

ZONING BOARD OF APPEALS

Meeting Date: NOVEMBER 19, 2026

 

title

SPECIAL EXCEPTION - PANZARELLA MRF LLC

 

projectinfo

Request:                     Special Exception

P&Z#                     26-17000010

Owner:                     Panzarella MRF LLC

Project Location:                     1600 SW 2 PL

Folio Number:                     494203340010

Land Use Designation:                     I (Industrial)

Zoning District:                     I-1 (General Industrial)

Commission District:                     5 (Darlene Smith)

Agent:                      Yexsy Schomberg

Project Planner:                     Scott Reale

 

otherinfo

 

 

 

 

Summary:                      

The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4229(B) [Districts Where Permitted] of the City’s Zoning Code in order to expand an existing outdoor Waste-Related Service Use, specifically a Materials Recovery Facility, within the I-1 zoning district. 

 

The subject property is located at the western terminus of SW 2nd Place within the Andrews Industrial District. The property is bounded by Race Track Road (SW 3rd Street) to the south and the CSX railroad tracks to the west.

 

ZONING REGULATIONS

155.4229. INDUSTRIAL: WASTE-RELATED SERVICES USES

   A.   Purpose

Waste-Related Services Uses are solid waste management facilities regulated and permitted by the Florida Department of Environmental Protection’s Bureau of Solid & Hazardous Waste. These uses are recognized as having potential negative impacts on the quality of air, water, soil, and other natural resources. It is further recognized that improper disposal and management of solid waste results in or contributes to air and water pollution, land blight, and nuisance conditions.

 

 

 

   B.   Districts Where Permitted

 

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

M-1

CR

I-1

I-IX

OIP

M-2

TO

PR

CF

PU

T

BP

RPUD

PCD

PD-TO

LAC

PD-1

 

 

S

S

 

 

 

 

S

S

 

 

 

P

 

 

 

 

   C.   Definition

      A waste-related services use includes any of the following facilities:

      1.   Construction and Demolition Debris Disposal Facility

         A construction and demolition debris disposal facility is a Solid Waste Management Facility permitted by the state for the disposal of construction and demolition debris, as provided for in FL SS 403.703.

      2.   Land Clearing Debris Disposal Facility

         A land clearing debris disposal facility is a solid waste management facility permitted by the state for the disposal of land clearing debris, as provided for in FL SS 403.703 and FAC 62-701.200.

      3.   Materials Recovery Facility

         A materials recovery facility is a solid waste management facility that provides for the extraction from solid waste of recyclable material, materials suitable for use as a fuel or soil amendment, or any combination of such materials, as provided for in FAC 62-701.200.

      4.   Solid Waste Transfer Station

         A solid waste transfer station is a solid waste management facility, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility, as provided for in FAC 62-701.200. Operations at such facilities may include separation of incidental amounts of recyclable materials or unauthorized waste.

      5.   Tire Disposal or Recycling Facility

         A tire disposal or recycling facility is a solid waste management facility, the primary purpose of which is tire disposal or tire recycling, as provided for in FAC 62-701.200.

      6.   Waste Composting Facility

         A waste composting facility is a solid waste management facility where solid waste is processed using composting technology, as provided for in FAC 62-709.201. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

      7.   Waste-to-Energy Plant

         A waste-to-energy plant is a facility that uses an enclosed device using controlled combustion to thermally break down solid, liquid, or gaseous combustible solid waste to an ash residue that contains little or no combustible material and that produces electricity, steam, or other energy as a result, as provided in FL SS 403.7061. The term does not include facilities that primarily burn fuels other than solid waste even if such facilities also burn some solid waste as a fuel supplement. The term also does not include facilities that burn vegetative, agricultural, or silvicultural wastes, bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or waste tires, alone or in combination with fossil fuels.

   D.   General Standards for All Waste-Related Service Uses

      Waste-Related Service Uses shall comply with the following standards:

      1.   In the I-1 District, all of the use's operation, including storage and sorting, shall occur and be located within a fully enclosed structure;

      2.   Access to the property shall be via a paved public right-of-way with a minimum width of 60 feet;

      3.   Access to the property shall be controlled through the use of a fence, wall, gate, or other suitable device to prevent unregulated dumping; and

      4.   The use shall comply with state solid waste management regulations, permitting requirements, and permit conditions.

   E.   Additional Standards for Outdoor Waste-Related Service Uses

A Waste-Related Service Use is considered to be an Outdoor use if all or a portion of the use’s operations, including storage and sorting, are located outside of a fully enclosed structure. In addition to the general standards listed in Section 155.4229.D, Outdoor Waste-Related Service Uses shall be required to comply with the following standards:

      1.   The use shall be located on property with an area of at least one acre;

      2.   The lot shall be located at least 1,000 feet, as measured by airline distance from property line to property line, from another lot containing a junkyard or an Outdoor Waste-Related Service Use;

      3.   The use shall include measures to reduce the off-site transmission of noise or dust to the maximum extent practicable;

      4.   A type C perimeter buffer shall be provided around all perimeters of the site; and

      5.   The applicant shall provide documentation of compliance with state solid waste management regulations for minimum distance separation from water bodies and airports.

      6.   The Applicant shall comply with §155.3707.C.5 related to landfills located within the Air Park Overlay.

 

PROPERTY INFORMATION AND STAFF ANALYSIS

1.                     Existing Site Conditions:

The subject property has an Industrial (I) Future Land Use designation and is located within both the I-1 (General Industrial) and I-1X (Special Industrial) zoning districts. The site contains an existing 16,415-square-foot Materials Recovery Facility (MRF), originally approved through Site Plan approval (PZ #07-12000029) by the Planning & Zoning Board on June 10, 2008.

 

According to the applicant, the facility receives, sorts, processes, stores, and transfers recyclable and other waste materials for delivery to recycling facilities or disposal sites. Materials handled at the facility include construction and demolition debris, plastics, paper, metals, yard waste, and Class III/bulk waste, such as furniture, mattresses, and bedding.

 

The applicant further indicates that source-separated materials may be baled directly for shipment, while mixed materials are conveyed through a sorting line for separation and processing. Depending on the material and operational requirements, materials may remain on-site for periods ranging from approximately 48 hours to 30 days.

 

Two parcels were incorporated into the subject property through a Unity of Title Declaration recorded in 2025 (PZ #25-21000008).

 

2.                     Proposed Use and Development:

The applicant requests Special Exception approval to expand the existing Outdoor Waste-Related Services Use onto two additional parcels located east of the existing facility, which were incorporated into the overall property through the aforementioned Unity of Title.

 

An associated Major Site Plan application (PZ #26-12000018) was presented to the Development Review Committee (DRC) on November 4, 2026, to accommodate the proposed expansion. The proposed site modifications include incorporating the two additional parcels into the overall site, removing an existing office building and covered loading dock, installing a roof cover over the northern outdoor storage area, reconfiguring driveways and parking areas, and relocating the truck scale to the newly incorporated parcels.

 

The proposed expansion is intended to improve the functionality and circulation of the existing facility while accommodating additional operational and storage areas.

 

3.                     Waste-Related Services Use Classification:

The applicant’s request involves an Outdoor Waste-Related Services Use because a portion of the facility's operations, including material storage and handling, will occur outside of a fully enclosed structure. Accordingly, the proposed expansion is subject to the applicable standards for Outdoor Waste-Related Services Uses established under Section 155.4229(E), which govern outdoor operations in addition to the applicable general standards under Section 155.4229(D).

 

4.                     Compliance with Use-Specific Standards:

The applicant states that the proposed development complies with the applicable use-specific standards for Waste-Related Services Uses. A review of the application materials and the associated DRC review supports this assertion, including compliance with the minimum one-acre property area, Type C perimeter buffering, and measures to minimize off-site transmission of noise and dust. Any deficiencies or compliance issues identified during the ongoing Site Plan review must be addressed through appropriate revisions to the Site Plan or the applicant must obtain the necessary relief, where available. Approval of the Special Exception shall not waive or otherwise supersede any applicable use-specific requirements.

 

5.                     Site Modifications and Operational Characteristics:

The applicant indicates that the proposed expansion will improve the overall functionality of the existing facility by incorporating the two additional parcels and reconfiguring site circulation, parking, loading areas, and equipment locations. Proposed modifications include relocating the truck scale, removing certain existing structures, and providing a roof cover over the northern outdoor storage area.

 

The applicant states that the facility will continue to receive, sort, process, store, and transfer recyclable and other waste materials, with storage periods varying according to the type of material and operational requirements. The associated Major Site Plan review will address the physical layout and site improvements proposed in connection with the expansion.

 

6.                     Compatibility Considerations:

The subject property is located within an established industrial area characterized by industrial, manufacturing, warehouse, and related uses. The property is bounded by Race Track Road (SW 3rd Street) to the south and the CSX railroad tracks to the west. The surrounding area is generally characterized by industrial development and associated transportation and infrastructure uses.

 

The applicant contends that the proposed expansion is consistent with the existing industrial character of the area and will improve site circulation and landscaping. The Board should consider whether the expanded Materials Recovery Facility, including its outdoor storage and processing activities, is appropriate for its location and compatible with neighboring properties, with particular consideration given to traffic, noise, dust, visual impacts, and the proposed perimeter buffering.

 

 

 

 

 

LAND USE PATTERNS

Subject property (Zoning | Existing Use): I-1 and I-1X| waste-related service use

Surrounding Properties (Zoning District / Existing Use):

•                     North: I-1X | manufacturing facility (pool finishes, spa surfaces, tile systems)

•                     South: I-1 | Race Track Road and fraternal organization

•                     East: I-1 | offices for manufacturing facility

•                     West: I-1/PCI | CSX railroad tracks and stormwater retention pond

 

 

SPECIAL EXCEPTION REVIEW STANDARDS

A Special Exception shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception, as proposed:

1.                     Is consistent with the comprehensive plan;

2.                     Complies with all applicable zoning district standards;

3.                     Complies with all applicable use-specific standards in Article 4: Use Standards;

4.                     Avoids overburdening the available capacity of existing public facilities and services, including, but not limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;

5.                     Is appropriate for its location and is compatible with the general character of neighboring lands and the uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but not be limited to, population density, intensity, character of activity, traffic and parking conditions and the number of similar uses or special exception uses in the neighborhood;

6.                     Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;

7.                     Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;

8.                     Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;

9.                     Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site and neighborhood;

10.                     Allows for the protection of property values and the ability of neighboring lands to develop uses permitted in the zoning district;

11.                     Fulfills a demonstrated need for the public convenience and service of the population of the neighborhood for the special exception use with consideration given to the present availability of such uses;

12.                     Complies with all other relevant city, state and federal laws and regulations; and

13.                     For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms neighboring properties and neighborhood shall include the area affected by the requested special exception, which is typically an area of 500 ft to a one-half mile radius from the subject site.

 

 

STAFF FINDINGS

Staff finds that the applicant has presented evidence intended to demonstrate that:

•                     The proposed expansion involves an existing Materials Recovery Facility located within an established industrial area, with an Industrial (I) Future Land Use designation and I-1 (General Industrial) and I-1X (Special Industrial) zoning classifications.

•                     The request involves expanding the existing Outdoor Waste-Related Services Use onto two additional parcels incorporated into the overall property through a Unity of Title.

•                     The facility will continue to receive, sort, process, store, and transfer recyclable and other waste materials, including construction and demolition debris, plastics, paper, metals, yard waste, and Class III/bulk waste.

•                     The proposed site modifications include incorporating the additional parcels, reconfiguring driveways and parking areas, relocating the truck scale, removing certain existing structures, and improving the outdoor storage areas.

•                     The proposed expansion is intended to improve site functionality, circulation, and the overall configuration of the existing facility.

•                     The surrounding area is predominantly industrial in character, with neighboring properties containing manufacturing, industrial, transportation, and related uses.

•                     The proposed Outdoor Waste-Related Services Use is subject to the applicable use-specific standards of Section 155.4229, including requirements for minimum property area, separation distances, perimeter buffering, noise and dust mitigation, and compliance with state solid waste management regulations.

•                     The associated Major Site Plan application will undergo further review to verify compliance with applicable site development, landscaping, buffering, access, parking, drainage, and other zoning requirements.

 

In evaluating the request, the Board should give particular consideration to the compatibility of the expanded facility with surrounding properties, the potential impacts associated with outdoor material storage and handling, truck circulation and traffic conditions, and the adequacy of proposed buffering and mitigation measures.

 

 

 

Staff Conditions:                     

Should the Board determine the applicant has provided competent substantial evidence sufficient to satisfy the thirteen Special Exception review standards, staff requests the Board include the following condition as part of the Order:

 

1.                     The applicant shall obtain and maintain all required federal, state, county, and local permits, licenses, and approvals necessary for the development and operation of the Materials Recovery Facility.

2.                     The expanded Materials Recovery Facility shall be developed and operated in substantial compliance with the plans and operational descriptions submitted with the Special Exception application and the associated Major Site Plan application (PZ #26-12000018).

3.                     The facility shall be limited to the materials, activities, and operational characteristics described in the application materials. Any substantial change in the nature or scope of the approved use shall require further review and approval, as applicable.

4.                     The applicant shall provide and maintain all required site improvements, landscaping, perimeter buffering, screening, and access-control measures in accordance with the approved Site Plan and applicable provisions of the Zoning Code.

5.                     The applicant shall implement and maintain appropriate operational and site-design measures to minimize the off-site transmission of noise and dust associated with the Outdoor Waste-Related Services Use, consistent with Section 155.4229(E)(3) of the Zoning Code.