Public Hearing Mid Florida Materials Company

Report
BCC CALLED PUBLIC HEARING
ON
BZA #SE-11-08-061, APRIL 4, 2013
APPLICANT: MID FLORIDA MATERIALS CO.
JUNE 4, 2013
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.
BACKGROUND
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
ZONING MAP
ZONING MAP
AERIAL
AERIAL
SURROUNDING LAND USES
Shaded Area = City of
Apopka
Ag/Homes/Nurseries
Kelly Park
Crossing DRI
Ag/Homes
Ag/Homes/Nurseries
Golden Gem
Landfill
Kelly Park
Crossing
DRI
Ag/Homes/Nurseries
Ag/Homes/Nurseries
Ag/Homes/Nurseries
Ag/Homes
Zellwood Station
Housing Community
C&D DEBRIS VS. CLASS III
WASTES
ZONING APPROVALS FOR MID
FLORIDA MATERIALS CO.
• 8/15/88
• 4/3/97
• 5/9/00
• 12/4/07
• 11/1/12
• 1/29/13
• 4/4/13
Received Orange County approval to operate a
Construction and Debris (C&D) landfill at 40 acre site
Received special exception approval to expand C&D
landfill by adding 40 additional acres
Received special exception approval to expand C&D
landfill from 80 acres to 220 acres
Orange County renewed Solid Waste Management
Permit for C&D landfill with an expiration date of
December 3, 2012
Applicant is requesting to change the class of landfill from
Construction and Demolition landfill (C&D) to a Class III
landfill
Applicant renews C&D Landfill permit which expires on
12/3/17
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 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 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 38-78. Said approval is
subject to 9 conditions of approval
(4 in favor; 0 opposed; unanimous)
BCC ACTION REQUESTED
ACTION REQUESTED:
Approve the request consistent with
the Board of Zoning Adjustment’s
recommendation.
BCC CALLED PUBLIC HEARING
ON
BZA #SE-11-08-061, APRIL 4, 2013
APPLICANT: MID FLORIDA MATERIALS CO.
JUNE 4, 2013

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