JUNE 4, 2013JUNE 4, 2013

BCC CALLED PUBLIC HEARINGON

BZA #SE-11-08-061, APRIL 4, 2013

APPLICANT: MID FLORIDA MATERIALS CO.

BCC CALLED PUBLIC HEARINGON

BZA #SE-11-08-061, APRIL 4, 2013

APPLICANT: MID FLORIDA MATERIALS CO.

APPROVAL PROCESS

• Special Exception request requires BZA review and BCC approval

• Solid Waste Management Facility Permit requires BCC approval

• Today’s hearings are for both

SPECIAL EXCEPTION STANDARDS UNDER FLORIDA

LAW

(1) The applicant for the special exception request has the initial burden of demonstrating that his/her request is consistent with the comprehensive policy plan and meets the criteria for granting the special exception; and

(2) If the applicant carries that initial burden, the burden shifts to those opposing the special exception to show by competent substantial evidence that the request is not consistent with the comprehensive policy plan and does not meet those criteria.

CASE: BZA #SE-11-08-061

APPLICANT: Mid Florida Materials Co.

REQUEST: Special Exception in A-1 zone to change landfill classification from Construction and

Demolition Debris landfill to Class III landfill

ZONING: A-1

TRACT SIZE: 220 acres

LOCATION: West side of Golden Gem Rd., 1 mile south of Kelly Park Rd.

DISTRICT: #2

CASE: BZA #SE-11-08-061

APPLICANT: Mid Florida Materials Co.

REQUEST: Special Exception in A-1 zone to change landfill classification from Construction and

Demolition Debris landfill to Class III landfill

ZONING: A-1

TRACT SIZE: 220 acres

LOCATION: West side of Golden Gem Rd., 1 mile south of Kelly Park Rd.

DISTRICT: #2

BACKGROUNDBACKGROUND

ZONING MAP

ZONING MAP

AERIAL

AERIAL

SURROUNDING LAND USES

Zellwood Station Housing Community

Kelly Park Crossing DRI

Kelly Park Crossing DRI

Golden Gem Landfill

Ag/Homes/Nurseries

Ag/Homes

Ag/Homes/Nurseries

Ag/Homes/Nurseries

Shaded Area = City of Apopka

Ag/Homes

Ag/Homes/Nurseries

Ag/Homes/Nurseries

C&D DEBRIS VS. CLASS III WASTES

ZONING APPROVALS FOR MID FLORIDA MATERIALS CO.

• 8/15/88 Received Orange County approval to operate a Construction and Debris (C&D) landfill at 40 acre site

• 4/3/97 Received special exception approval to expand C&D landfill by adding 40 additional acres

• 5/9/00 Received special exception approval to expand C&D landfill from 80 acres to 220 acres

• 12/4/07 Orange County renewed Solid Waste ManagementPermit for C&D landfill with an expiration date of December 3, 2012

• 11/1/12 Applicant is requesting to change the class of landfill from Construction and Demolition landfill (C&D) to a Class III landfill

• 1/29/13 Applicant renews C&D Landfill permit which expires on 12/3/17

• 4/4/13 BZA approves Special exception request subject to 9 conditions

PROJECT DATA• Closest Class III landfill is 7.5 miles away (Vista Landfill)• Kelly Park Crossings DRI is to the east; closest land uses are

“Transition” and “Employment”; Transition includes condos, apts., townhomes, and office; Employment includes clean industry and institutional uses

• City of Apopka is opposed to request• 2 community meetings held (9/26/11 and 10/11/12)• Estimated closure date is 2061• 7 waivers being requested as part of Operating Permit Request• Cells will fill in a south to north direction• Asbestos materials will be accepted• Hours of operation: M-F (7 am-5 pm), Sat (7 am – 2 pm) Closed

Sun• Applicant to explain groundwater monitoring, leachate disposal and

odor and gas control plans

COMMUNITY FEEDBACKCOMMUNITY FEEDBACK

• September 26, 2011: 1st Community Meeting (approx. 50 attendees)

• October 11, 2012: 2nd Community Meeting (approx. 100 attendees)

• 10 commentaries in favor

• 54 commentaries in opposition

BZA FINDINGSBZA FINDINGS

• Special Exception request was compatible with surrounding land uses

• The upgrading to a Class III landfill requires additional environmental protections to the surrounding neighbors

• The difference between a C&D Debris Landfill and a Class III Landfill is negligible

BZA RECOMMENDATIONBZA RECOMMENDATION

DECISION: Approved the Special Exception request in that the BZA finds it meets the requirements governing special exceptions as spelled out in Orange County Code, Section 38-78. Said approval is subject to 9 conditions of approval(4 in favor; 0 opposed; unanimous)

BCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

Approve the request consistent with the Board of Zoning Adjustment’s recommendation.

JUNE 4, 2013JUNE 4, 2013

BCC CALLED PUBLIC HEARINGON

BZA #SE-11-08-061, APRIL 4, 2013

APPLICANT: MID FLORIDA MATERIALS CO.

BCC CALLED PUBLIC HEARINGON

BZA #SE-11-08-061, APRIL 4, 2013

APPLICANT: MID FLORIDA MATERIALS CO.