JUNE 4, 2013 BCC CALLED PUBLIC HEARING ON BZA #SE , 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 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 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:#2BACKGROUNDBACKGROUND

ZONING MAP

AERIAL

AERIAL

SURROUNDING LAND USES Zellwood Station Housing Community Kelly Park Crossing DRI Golden Gem Landfill Ag/Homes/Nurseries Ag/Homes Ag/Homes/Nurseries Shaded Area = City of Apopka Ag/Homes Ag/Homes/Nurseries

KELLY PARK CROSSINGS DRI Mid Fla Materials Site Transition Uses Employment Uses

C&D DEBRIS VS. CLASS III WASTES

SITE PLAN

ZONING APPROVALS FOR MID FLORIDA MATERIALS CO. 8/15/88Received Orange County approval to operate a Construction and Debris (C&D) landfill at 40 acre site 4/3/97Received special exception approval to expand C&D landfill by adding 40 additional acres 5/9/00Received special exception approval to expand C&D landfill from 80 acres to 220 acres 12/4/07Orange County renewed Solid Waste Management Permit for C&D landfill with an expiration date of December 3, /1/12Applicant is requesting to change the class of landfill from Construction and Demolition landfill (C&D) to a Class III landfill 1/29/13Applicant renews C&D Landfill permit which expires on 12/3/17 4/4/13BZA 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 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 FEEDBACK September 26, 2011:1 st Community Meeting (approx. 50 attendees) October 11, 2012:2nd Community Meeting (approx. 100 attendees) 10 commentaries in favor 54 commentaries in opposition

BZA 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 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 Said approval is subject to 9 conditions of approval (4 in favor; 0 opposed; unanimous)

BZA CONDITIONS 1.Development shall conform to the Mid-Florida Materials Company C & D Landfill Modification Special Exception Site Plan dated "Received September 18, 2012," and the Tree Mitigation Plan dated "Received August 27, 2012" and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. In the event of a conflict or inconsistency between a condition of approval of this site plan and the actual site plan dated "Received September 18, 2012", the condition of approval shall control to the extent of such conflict or inconsistency. 2.No landfill traffic shall be allowed on any portion of Golden Gem Road located north of the site. 3.The haul route from Plymouth-Sorrento Road to Golden Gem Road shall be cleaned by the landfill operator daily of any debris falling from landfill bound trucks.

BZA CONDITIONS 4.The pit floor shall be graded in accordance with the approved interim storm water management plan prior to accepting waste. Ponding of water at the pit floor is not allowed, except in appropriate operation phase ponds. The pit floor shall be graded progressively to cause storm water runoff to flow away from the debris. 5.This site is located within the Wekiva Study Area, as established by the Wekiva Parkway and Protection Act, Section F.S. Special area regulations may apply. The applicant shall comply with Orange County Comprehensive Plan Destination 2030, Future Land Use Element (but not limited to) Objective FLU6.6 Wekiva and the related policies. 6.Provide an executed modified fire fighting agreement with OCFRD or provide an alternate method for the supply of water for fire-fighting purposes. 7.A left turn lane at the intersection of Ponkan Road and Golden Gem Road shall be constructed as determined, at any time either prior to or during the operational life of the Class III landfill, by the County Engineer if warranted and at the cost of the applicant.

BZA CONDITIONS 8.After the site reaches its capacity the land use shall revert to permitted uses and special exception uses of the A-1 zoning district. 9.The use of an incinerator shall be prohibited with the exception of a wood waste incinerator if authorized by State of Emergency declared by Executive Order by the Governor of the State of Florida.

BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation.

JUNE 4, 2013 BCC CALLED PUBLIC HEARING ON BZA #SE , APRIL 4, 2013 APPLICANT: MID FLORIDA MATERIALS CO.