Clyde council amends rezoning for proposed composting operation, adds fire‑safety and ownership conditions

Clyde City Council on Feb. 4 approved a package of amendments to an ordinance that would redesignate an 8.1699‑acre parcel at 837 East McPherson Highway from C‑2 general commercial to I‑1 general industrial to allow a composting and mulch operation owned by Waylon Garza.

The amendments, adopted by a 4–1 roll call vote, attach operational and safety conditions to the rezoning, including maximum raw‑material pile dimensions, fire‑access requirements, a prohibition on food scraps, operating hours and an ownership limitation that ties the industrial use to Garza or his immediate family and heirs. Council members read the amended ordinance aloud and scheduled a formal second reading and vote at the council's next meeting.

Why it matters: The council’s changes convert a planning commission recommendation into a conditional local approval that will be reviewed again at second reading; the conditions are aimed at addressing neighbor concerns about fire risk, noise and long‑term land use should the property change hands.

Council action and main provisions

The council voted 4–1 to add the amendments to Ordinance 2025‑12. Key conditions read into the ordinance and agreed to by council members include: raw material piles not to exceed 50 feet by 50 feet by 20 feet unless the fire chief grants written approval; a minimum 25‑foot separation between piles; a 25‑foot‑wide fire road passable by Clyde fire trucks (to be approved in writing by the fire chief) and inspected at least once every five years; operation as a Class 4 composting facility that will not accept food scraps; hours of operation limited to 7 a.m. to 7 p.m.; and a requirement that the business be owned and operated by Waylon Garza or his wife and heirs. The ordinance also conditions Ohio EPA licensing and authorizes zoning to revert to commercial if compliance lapses (the ordinance spells out a 30‑day lapse period with reversion actions within 60 days once noncompliance is established).

Discussion and concerns

The most extensive public and council discussion centered on fire safety, local permitting and whether the operator has Ohio EPA approval. Paul Fizer, Clyde’s fire chief, did not speak personally at the table but his recommended caveats were read aloud by city staff; those recommendations formed the basis of the pile‑size, separation and fire‑road requirements placed on the rezoning.

Mister Wasser, the council’s legal advisor, explained the council’s options and voting thresholds under the city code and said: "Any caveats you put on it would have to be approved by 4‑fifths as well because that's different than what planning commission said." That explanation framed the separate vote on amendments rather than a straight approval or denial of the planning commission recommendation.

Applicant statements and regulatory status

Waylon Garza, the owner seeking the rezoning, described his site practices and industry contacts and said he has submitted paperwork to the Ohio EPA and the regional waste‑district. When asked whether the EPA had issued final approval, Garza said he had received a letter of intent and "that is correct" when pressed that he did not yet have full EPA approval but believed he would obtain it. He told council he has followed industry best practices and that state and waste‑district reviewers had visited and provided guidance.

Neighbors and council members raised several points during debate: a petition of about 30 residents had asked for a fence or tree screen; council members questioned why the operation continued while permitting and zoning were pending; and they pressed for binding, enforceable conditions. Council members repeatedly emphasized that the conditions were intended to strike a balance between allowing an existing local business to operate and protecting neighboring residential areas.

Council context and next steps

The rezoning request had been recommended for approval previously by the city’s planning commission following a public hearing on Dec. 5, 2024. The council’s vote on Feb. 4 was a vote only on amendments to the ordinance; the second reading and formal adoption of the rezoning as amended will occur at the council’s next meeting. The amendments place technical approvals (pile dimensions and fire road) with the fire chief and require Ohio EPA licensing and compliance as a precondition for continued industrial status.

What remained unresolved at the meeting was the timing of Ohio EPA’s final decision; Garza and staff both said the site package had been submitted and the city would treat EPA licensing as a compliance condition.

Ending

Council members who voted for the amendments said the measures create enforceable safety and operational standards that respond to residents’ complaints while allowing a local business to continue. Councilman Shea cast the lone dissenting vote on the amendments. The ordinance will return to council for a second reading and a final vote at the next meeting.