Zoning Division -and- Environmental Protection Division BCC Called Public Hearing on BZA #SE-11-08-061, April 4, 2013 -and- Solid Waste Management Facility Permit Modification Request APPLICANT: Hubbard Construction Company dba Mid-Florida Materials September 23, 2014 Presentation Overview G. Special exception 10. Applicant: Mid Florida Material Co., Case # SE-11-08-061, April 4, 2013, District 2 H. Solid Waste Management Facility 11. Applicant: Hubbard Construction Company dba Mid-Florida Materials, modification of a Solid Waste Management Facility Permit for a Construction and Demolition Debris Disposal Facility to a Class III Landfill, District 2 Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation Communication Prior to this afternoon’s hearing, EPD Staff met with Commissioner Brummer to review the staff report and recommendation that is found in your agenda packet. Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation Request Applicant requests approval to modify an existing permit for a Construction and Demolition (C&D) Debris Disposal Facility (landfill), to allow vertical expansion and transition to a Class III Landfill. Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation Background Date Event Development Review Aug 24, 2011 Committee Sep 26, 2011 Community Meeting Development Review Sep 26, 2012 Committee Oct 11, 2012 Community Meeting Board of Zoning Apr 4, 2013 Adjustment Board of County Jun 4, 2013 Commissioners Apr 30, 2014 Circuit Court Decision Board of County Sep 23, 2014 Commissioners Outcome Continued ~ 50 attendees Recommended approval subject to 9 conditions ~ 100 attendees Recommended approval subject to 9 conditions Denied special exception Denied solid waste permit BCC decision quashed and remanded Pending Background Kelly Park Rd Ponkan Rd Haul Routes Golden Gem Rd Parcel IDs: 14-20-27-0000-00-019, 23-20-27-0000-00-035; Background Kelly Park Crossing Apopka Existing Golden Gem Road Class III Landfill Orange County Borrow Pit Golden Gem Rd Existing Mid-Florida Materials C&D Debris Landfill Background Proposed Class III North 100 acres Cells 7 - 10 South 120 acres Cells 3 - 6 70 ft 145 ft Natural High Point at 143 ft 120 ft Background continue C&D debris in Cells 3-6 Class III above C&D debris in Cells 3-6 C&D – 2 ft soil final cover – no bottom liner C&D Class III Proposed Class III C&D Permitted C&D Class III – 2 ft soil final cover – no bottom liner Class III waste in Cells 7-10 C&D C&D debris in Cells 7-10 – soil and top liner final cover – no bottom liner – soil and top liner final cover – bottom liner with leachate collection and treatment Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation Waivers Wekiva Study Area “Presumptive Prohibition” Third-Party Consultant Review of Cell 3-6 Liner Exemption Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells 7-10 Final Elevations Above Original Grade Reduced Setbacks on Southern and Portion of Western Boundary Reduced Landscape Visual Buffer (Trees) Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval Waivers Factors to consider for waivers: 1. 2. 3. 4. 5. 6. 7. Location of real property; Distance of the proposed solid waste management facility from improvements on adjoining real property; Effect of the proposed waiver on adjoining property; Current physical conditions on the real property whereon the solid waste management facility is proposed to be located; Whether the waiver would be contrary to the public health, safety and welfare and/or adopted plans, policies or ordinances of the county; Any special conditions applicable to the real property whereon the solid waste management facility is proposed to be located; and 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. Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation Additional Conditions #59-64 In addition to required surficial aquifer wells, install Floridan aquifer monitoring wells No disposal of regulated asbestos containing material Additional visual buffering between trees along Golden Gem Road and along north property line Reiterate prohibition of Class I landfill Add north 100 acres to Agreement To Offer Donation, to include the entire 220 acre site Recycling goal of 50% in two years, and 75% by 2020, to the extent economically feasible Presentation Overview Communication Request Background Waivers Additional Conditions Recommendation BCC Action Requested Approve the request consistent with the Board of Zoning Adjustment’s recommendation and the 9 conditions of approval. Approval of modification of the Solid Waste Management Facility Permit #SW-232027-LFCD-85/1212 to a Class III Landfill for Hubbard Construction Company, dba Mid-Florida Materials, with waivers and with conditions, for the current permit duration of December 3, 2017.