1. BCC Public Hearing for consideration of a Solid Waste Management Facility Permit - and - Special Exception BZA #SE-07-03-001, Oct 4, 2007 APPLICANT: Waste Management Inc. of Florida (Pine Ridge Recycling and Disposal Facility) January 15, 2008 (continued from Dec 4, 2007)

2. 2 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

3. 3 Background CASE:BZA #SE-07-03-001 APPLICANT:Pine Ridge Landfill REQUEST:Special Exception in A-1 zone to expand existing construction and demolition debris landfill ZONING:A-1 TRACT SIZE:223 acres LOCATION:Southeast corner of Spyglass Hill Road and Phil C. Peters Road, north of McKinney Road DISTRICT:#1

4. 4 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

5. 5 Zoning Map Lake County Subject Property

6. 6 Aerial

7. 7 Site Plan Horizontal Expansion Areas

8. 8 Vicinity Solid Waste Facilities

9. 9 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

10. 10 Site Photographs Eastern property line with berm

11. 11 Site Photographs

12. 12 Site Photographs

13. 13 Site Photographs Entrance Road

14. 14 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

15. 15 Staff Findings CPP Future Land Use Map = R/S (1 du/5 acres) DRC recommended approval on 7/11/07 Construction and demolition debris landfill to expand from 52 acres to 85 acres Expansion will increase lifespan of existing landfill by 10 years BCC approval of special exception and permit is required Community meeting held on February 15, 2007 Public notice = 1 mile radius including Lake County residents

16. 16 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

17. 17 DRC Conditions MOTION by Joe Puryea, seconded by Roger Cain TO RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION REQUEST FOR THE PINE RIDGE CONSTRUCTION & DEMOLITION LANDFILL EXPANSION AND TO GRANT A WAIVER FROM SEC 32- 216(b) 26 TO ALLOW A MAXIMUM ELEVATION OF 30 FEET ABOVE GRADE subject to Conditions of Approval and subject to a revised plan submitted and approved prior to moving forward to the BZA. THE PUBLIC HEARING TO CONSIDER THE SPECIAL EXCEPTION FOR THE PINE RIDGE CONSTRUCTION & DEMOLITION LANDFILL EXPANSION WILL BE REQUESTED CONCURRENTLY WITH THE SOLID WASTE PERMIT FOR PINE RIDGE C & D HORIZONTAL AND VERTICAL EXPANSION as required in section 32-214(a)(3). Conditions of Approval: 1.Development shall conform to the Pine Ridge C & D Recycling and Disposal Facility Landfill Expansion Special Site Plan dated “Received July 16, 2007 ",” and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received July 16, 2007," the condition of approval shall control to the extent of such conflict or inconsistency.

18. 18 DRC Conditions Conditions of Approval cont’d: 2.Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Chapter 31.5 3.Prior to earth work or construction, an incidental take or relocation permit for gopher tortoises shall be obtained from the Florida Fish & Wildlife Conservation Commission (FWC) and a copy provided to the Orange County EPD. Note that the incidental take option may no longer be available at the time of application submittal due to recent legislative decisions. 4.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. 5.A waiver from Sec 32-216(b) 26 is granted to allow a maximum elevation of 30 feet above grade. 6.The following previous applicable Conditions of Approval shall apply: a.Operating hours will be as follows: Monday through Friday7:00 a.m. to 5:30 p.m. Saturday7:00 a.m. to 1:00 p.m. b.Landfill operation cannot begin north of Malcolm Road until the vacation of Malcolm Road is complete. MOTION CARRIED.

19. 19 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing –Background / Project Data –Maps / Aerial / Site Plan –Site Photographs –Staff Findings –DRC Conditions –BZA Findings / Recommendation / Conditions Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

20. 20 BZA Findings Applicant demonstrated the need for expansion The landfill existed for 20-30 years The DRC recommended approval Expanding an existing facility is preferable to establishing a new facility

21. 21 BZA Recommendation Approved the special exception request in that the BZA found it met the requirements governing special exceptions as spelled out in Orange County Code, Section 38-78; further said approval is subject to six (6) conditions Motion passed (6-1 vote)

22. 22 BZA Conditions 1.Development in accordance with site plan dated Received August 15, 2007 and all other applicable regulations and the findings and conditions of the Development Review Committee of 7/11/07. Any deviations, changes, or modifications to the special exception approval are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another BZA public hearing; 2.Operation shall be in accordance with Chapter 32, Orange County Code and the permit approved by the Board of County Commissioners. Any changes, deviations or modifications to the permit are subject to the Environmental Protection Division Manager’s approval; 3.Access, drainage roadway improvements and concurrency management shall be determined by the Public Works Department;

23. 23 BZA Conditions (continued) 4.Landscaping shall be in accordance with landscape plan dated Received August 15, 2007 and Chapter 24, Orange County Code; 5.The applicant shall provide the Avalon Home and Property Owners Association $1,000.00 per month to be used for additional law enforcement service for traffic control; and 6.Construction plans shall be submitted within 3 years or this approval becomes null and void.

24. 24 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

25. 25 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

26. 26 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

27. 27 Request Applicant requests approval of a solid waste facility permit modification to expand a construction and demolition debris (C&D) landfill both horizontally and vertically, with associated waivers.

28. 28 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

29. 29 Background Borrow pit operated on site from before the 1960’s “Two” landfills located on site –Class III Area (1989 ~2000) –Construction and Demolition Debris (C&D) Area Waste Management acquired operation ~1996

30. 30 Background Closed Class III Existing C&D Expansion C&D

31. 31 Background (C & D Area) 1994 BCC approved operation on north portion of site current permit renewed by EPD: Jan 2005 - Oct 21, 2009 proposing horizontal and vertical expansion –existing ~53 waste acres –propose adding ~33 waste acres (plus up to 30 feet vertically) –propose total ~86 waste acres –extends current estimated life expectancy to ~ 11 years

32. 32 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

33. 33 Waiver Request Requesting elevations up to 30 feet above site’s original grade Factors presented by applicant: –rural location of site –historic use as landfill –airspace lost due to “premature” closure of Class III –limiting request to 30 feet and not the possible 50 feet –code required setbacks –code required visual buffer (perimeter trees) –have done some extra landscaping –have “discussed” uses other than open space

34. 34 Waiver Request Other considerations: –30 feet above site’s original highest point –nearby rolling hills topography –elevation of other landfills

35. 35 Waiver Request Vertical Expansion (Horizontal and ) Vertical Expansion East West

36. 36 Waiver Request East West Vertical Expansion Waste fill already ~original grade Vertical and Horizontal Expansion 30 ft vertical scale exaggerated by 5X horizontal scale

37. 37 Waiver Request East West vertical scale = horizontal scale 4% grade || 25H:1V

38. 38 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

39. 39 Staff Findings DRC Review –Recommended approval subject to six (6) conditions that have been included as permit conditions BZA Review –Recommended approval of Special Exception subject to six (6) conditions that have been included as permit conditions EPD Review –Ensure proposal is consistent with Chapter 32 (Solid Waste Management Ordinance) –Community issues

40. 40 Staff Findings (Community Issues) Truck traffic –specified haul routes –hire off-duty sheriff for additional patrols Litter –at least weekly cleanup along portions of haul route Noise / vibrations –paved interior road (also reduces dust) Landfill gas –22 landfill gas flares installed in Class III area –4 landfill gas flares installed in C&D area –quarterly monitoring for methane explosion hazard –as-needed monitoring for hydrogen sulfide (nuisance odor)

41. 41 Staff Findings (Haul Routes) Weekly litter clean-up along shaded portion of haul route

42. 42 Staff Findings (Community Issues) Truck traffic –specified haul routes –hire off-duty sheriff for additional patrols Litter –weekly cleanup along portions of haul route Noise / vibrations –paved interior road (also reduces dust) Landfill gas –22 landfill gas flares installed in Class III area –4 landfill gas flares installed in C&D area –quarterly monitoring for methane explosion hazard –as-needed monitoring for hydrogen sulfide (nuisance odor)

43. 43 Staff Findings (Community Issues) Visual aesthetics –landscape (and berm) visual buffering Length of time landfill has been in operation –airspace longevity estimates have been revised (reduced) since first permitted Groundwater –allowable C&D materials by definition are considered inert –spotters inspect every load –EPD inspects monthly –over 35 groundwater monitoring wells at site –over 20 wells sampled every 6 months for detection parameters –private drinking wells reviewed by Health Department (installations, EDB monitoring, etc.)

44. 44 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing –Request –Background –Waiver Request –Staff Findings –Recommendation / Conditions Concurrent BCC Action Request

45. 45 Recommendation / Conditions Staff recommends approval of the permit modification, with waiver for above grade elevation, and subject to 52 conditions in the following categories: –Development Review Committee Conditions –Board of Zoning Adjustment Conditions –Waiver (above grade elevation) –General –Security and Site Access –Waste Quality Control –Ancillary Operations –Community Issues –Site Monitoring / Stormwater –Reporting and Record Keeping –Fires –Site Closure

46. 46 Presentation Outline Board of Zoning Adjustment (BZA) Board-Called Public Hearing Solid Waste Management Facility Permit Public Hearing Concurrent BCC Action Request

47. 47 BCC Action Requested APPROVAL OF THE SOLID WASTE MANAGEMENT FACILITY (CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL) PERMIT MODIFICATION FOR PINE RIDGE RECYCLING AND DISPOSAL FACILITY (WASTE MANAGEMENT INC. OF FLORIDA) WITH CONDITIONS AND WAIVER REQUEST FOR ABOVE GRADE ELEVATION; CONCURRENTLY WITH THE SPECIAL EXCEPTION REQUEST CONSISTENT WITH THE BOARD OF ZONING ADJUSTMENT’S RECOMMENDATION SUBJECT TO THE CONDITIONS.

48. BCC Public Hearing for consideration of a Solid Waste Management Facility Permit - and - Special Exception BZA #SE-07-03-001, Oct 4, 2007 APPLICANT: Waste Management Inc. of Florida (Pine Ridge Recycling and Disposal Facility) January 15, 2008 (continued from Dec 4, 2007)