JUNE 4, 2013

1. BCC CALLED PUBLIC HEARINGONBZA #SE-11-08-061, APRIL 4, 2013APPLICANT: MID FLORIDA MATERIALS CO. JUNE 4, 2013

2. 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

3. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW • 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.

4. 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

5. ZONING MAP

6. ZONING MAP

7. AERIAL

8. AERIAL

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

10. C&D DEBRIS VS. CLASS III WASTES

11. ZONING APPROVALS FOR MID FLORIDA MATERIALS CO. • 8/15/88 Received Orange County approval to operate a Construction and Debris (C&D) landfill at 40 acre site • 4/3/97 Received special exception approval to expand C&D landfill by adding 40 additional acres • 5/9/00 Received special exception approval to expand C&D landfill from 80 acres to 220 acres • 12/4/07 Orange County renewed Solid Waste Management Permit for C&D landfill with an expiration date of December 3, 2012 • 11/1/12 Applicant is requesting to change the class of landfill from Construction and Demolition landfill (C&D) to a Class III landfill • 1/29/13 Applicant renews C&D Landfill permit which expires on 12/3/17 • 4/4/13 BZA approves Special exception request subject to 9 conditions

12. 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

13. 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

14. 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

15. 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)

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

17. BCC CALLED PUBLIC HEARINGONBZA #SE-11-08-061, APRIL 4, 2013APPLICANT: MID FLORIDA MATERIALS CO. JUNE 4, 2013