BCC Public Hearing F. 9. Special Exception BZA #SE , April 3, and - G. 10. Solid Waste Management Facility Permit #04-F Modification and Renewal APPLICANT: Orange County Environmental, LLC dba West Orange Environmental Resources June 3, 2014

F.9. Board of Zoning Adjustment (BZA) Board-Called Public Hearing BZA #SE , April 3, 2014 – Background / Process – Maps / Aerial / Site Plan – Site Photographs – BZA Findings / Recommendations / Conditions Presentation Outline

Special Exception Criteria, Section The use shall be consistent with the Comprehensive Plan. 2.The use shall be similar and compatible with the surrounding area and shall be consistent with the pattern of surrounding development. 3.The use shall not act as a detrimental intrusion into a surrounding area. 4.The use shall meet the performance standards of the district in which the use is permitted. 5.The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other characteristics that are associated with the majority of uses currently permitted in the zoning district. 6.Landscape buffer yards shall be in accordance with Section 24-5, Orange County Code. Buffer yard types shall track the district in which the use is permitted. Background

CASE #:SE APPLICANT:Orange County Environmental, LLC REQUEST:Special Exception in A-1 zone to modify existing construction and demolition debris disposal landfill and recycling facility to allow a vertical expansion of an average of 10 feet above grade ZONING:A-1 TRACT SIZE:49 acres LOCATION:Northwest corner of Avalon Rd. and Schofield Rd. DISTRICT:#1 Background

Oct 16, 2013: Technical Review Group Meeting held Nov 12, 2013: Community Meeting held Feb 26, 2014: DRC Meeting held Mar 12, 2014: 2 nd DRC Meeting held Apr 03, 2014:BZA Hearing to review Special Exception request Apr 16, 2014:Roadway Agreement Committee Meeting held Jun 03, 2014:BCC hearing to review the Special Exception, the Solid Waste Permit and the waivers Process

Zoning Map N

N

Aerial Jan 2013N

Proposed Site Plan N

Site Photograph Northeast Corner Looking South on CR 545 (Avalon Road) Berm CR 545 Golf Course

Northeast Corner Looking South on CR 545 (Avalon Road) Site Photograph Dry Ponds Berm CR 545 Waste Fill Area

Northwest Corner Looking to North Site Photograph Waste Fill Area Berm House

Northwest Corner Looking to North Site Photograph Waste Fill Area Berm House

West Side Looking to South Site Photograph Waste Fill Area Recycling Area

West Side Looking to South Site Photograph Waste Fill Area Berm Recycling Area

Looking to South Across Schofield Rd Site Photograph Closed 545 Landfill Schofield Road West Orange Environmental Resources

 5 Commentaries in opposition  2 Area residents spoke in opposition Community Feedback at the BZA Hearing

 Existing and proposed use will be compatible with surrounding area after closure (September 9, 2018)  Approval of the request requires closure by September 9, 2018 BZA Findings

 Approve the Special Exception request in that it complies with the requirements of Section 38-78, Orange County Code.  Approval is subject to 9 conditions, including #4 related to a Roadway Agreement  Unanimous decision (4-0) BZA Recommendation

BZA Conditions 1.Development shall conform to the West Orange Environmental Resources C & D Disposal & Recycling Facility Special Exception Site Plan dated "Received March 6, 2014” 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 March 6, 2014”, the condition of approval shall control to the extent of such conflict or inconsistency.

BZA Conditions (cont’d) 2.Pursuant to Section , Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section , the applicant shall obtain all other applicable state or federal permits before commencement of development; 3.The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan submittal. Nothing in this condition and nothing in the decision to approve this development plan shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate

BZA Conditions (cont’d) 4.A road agreement shall be approved by the BCC for the conveyance of road right of way for the 4 lane widening for Avalon Road (CR 545) and Schofield Road projects. The necessary right of way shall be dedicated at no cost to the County. The road agreement shall also address the October 21, 1999 conditions of approval #2 and #3. 5.Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for storm water discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection by the developer. 6.The recycling facility shall cease operation at the time of closing of the solid waste disposal facility. 7.The landfill shall cease operations no later than September 9, Applicant shall comply with all applicable setbacks along the north property line. 9.Except as may be amended, modified and/or superseded, the previous conditions of approval shall apply.

G. 10. Solid Waste Management Facility Permit #04-F Modification and Renewal Public Hearing – Communication – Purpose – Background – Waiver Requests – EPD Findings Presentation Outline

Prior to this afternoon’s hearing, EPD Staff met with Commissioners Boyd, Brummer, Clarke, Thompson, and Moore Russell to review the staff report and recommendation that is found in your agenda packet. Communication

 Renewal of permit that expires Sep 9, 2014  Modification of permit to allow vertical expansion Purpose

 History – excavation pit since 1990’s – disposal facility since 2004 – Orange County Environmental LLC since 2008  Operations – incoming waste examined by a trained “spotter” – C&D debris disposed in excavated pit – ancillary recycling Background

Construction and demolition debris – generally from construction or destruction of a structure – generally considered not water soluble and non-hazardous – steel, glass, brick, concrete, roofing, pipe, wallboard, lumber, etc. – land clearing debris and yard trash Background

1.Above grade height and allow height request after original application 2.Reduced setback along western boundary with SR Reduced setback along CR 545 and Schofield Rd due to right-of-way conveyance Waiver Requests

Factors to consider for waivers: 1.Location of real property; 2.Distance of the proposed solid waste management facility from improvements on adjoining real property; 3.Effect of the proposed waiver on adjoining property; 4.Current physical conditions on the real property whereon the solid waste management facility is proposed to be located; 5.Whether the waiver would be contrary to the public health, safety and welfare and/or adopted plans, policies or ordinances of the county; 6.Any special conditions applicable to the real property whereon the solid waste management facility is proposed to be located; and 7.Whether the waiver would diminish the level of environmental protection provided by this article or would otherwise nullify the intent and the purpose of this article. Waiver Requests

1.Above grade height and allow height request after original application – can allow up to +50 ft above if applicant demonstrates a public need for this disposal capacity exists a public need for this disposal capacity exists in the public interest, and in the public interest, and compatible with the surrounding properties and land uses compatible with the surrounding properties and land uses – natural grade drops ft from SW to NE corner – proposed final elevations up to 20 ft above natural grade up to 20 ft above natural grade fill in slope to create flatter plateau on top fill in slope to create flatter plateau on top Waiver Requests

C & D Debris Waste Fill Area +20 ft 0 ft Approved and In Place Proposed Vertical Expansion 1. Above grade height +7 ft +1 ft N S

slopes not to scale 1. Above grade height NS Waiver Requests Historic Natural Grade

slopes not to scale 1. Above grade height NS Waiver Requests Excavation Pit Historic Natural Grade

slopes not to scale 1. Above grade height NS Waiver Requests Excavation Pit Historic Natural Grade BCC can approve up to +50 ft

slopes not to scale 1. Above grade height NS Waiver Requests Excavation Pit Historic Natural Grade BCC can approve up to +50 ft Approved Final Grade

slopes not to scale 1. Above grade height NS Waiver Requests Excavation Pit Historic Natural Grade BCC can approve up to +50 ft Approved Final Grade Proposed Final Grade

slopes not to scale 1. Above grade height NS Waiver Requests Excavation Pit Historic Natural Grade Approved Final Grade 3:1 slope at scale Proposed Final Grade

2.Reduced setback along western boundary with SR 429 – reduce from 200 ft to 50 ft Waiver Requests Waste Fill SR 429 R-O-W Waste Fill [this waiver] SR 429 R-O-W N

3.Reduced setback along CR 545 and Schofield Rd due to right-of-way conveyance – reduce from 200 ft to 144 ft Waiver Requests Waste Fill CR 545 R-O-W Waste Fill CR 545 R-O-W Waste Fill N

3.Reduced setback along CR 545 and Schofield Rd due to right-of-way conveyance – reduce from 150 ft to 96 ft Waiver Requests Waste Fill SCHOFIELD R-O-W SCHOFIELD R-O-W SCHOFIELD R-O-W N Waste Fill

 Complies with Chapter 32 Article V – meets technical criteria for design and operation – requests waivers as needed  Recommend 53 conditions of approval EPD Findings

 Approve the Special Exception request consistent with the April 3, 2014 BZA recommendation, and  Approve Modification and Renewal of the Solid Waste Management Facility Permit #04-F for a Construction and Demolition Debris Disposal Facility (landfill) for Orange County Environmental LLC dba West Orange Environmental Resources, with Waivers and with Conditions, through September 9, 2018, and  Approve the Right-Of-Way Agreement, West Orange Environmental Resources, Schofield Road BCC Action Requested