BCC Public Hearing for consideration of an Agreement to Offer Donation of Real Property -and- a...

BCC Public Hearing BCC Public Hearing for consideration offor consideration of

an Agreement to Offer an Agreement to Offer Donation of Real PropertyDonation of Real Property

-and- -and- a Solid Waste Management Permit a Solid Waste Management Permit

RenewalRenewal

APPLICANT: APPLICANT: Hubbard Construction CompanyHubbard Construction Company

(Mid-Florida Materials)(Mid-Florida Materials)

December 4, 2007

2

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

3

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

4

RequestRequest

• Applicant requests approval of a permit renewal application

to construct, operate, and close, as necessary, a Solid

Waste Management Facility consisting of construction and

demolition debris (C&D) landfill

5

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

6

BackgroundBackground

• Located in NW Orange County, west side of Golden Gem Road, approximately 1/2 mile north of Ponkan Road

• Construction and demolition debris landfill, with ancillary recycling operations

• Permit approved by BCC in 2000 to expand site from 80 acres to 220 acres (186 waste fill acres)

• Site has 20-30 years of airspace left, followed by ~5 years of post-closure maintenance and monitoring

• Permit extended past 2005 expiration date while permit renewal application being reviewed

• No significant changes proposed to site plan or operations

BackgroundBackground

BackgroundBackground

9

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

10

Agreement to Offer DonationAgreement to Offer Donation

• Required by Condition #23 of previous permit

• Text of Agreement developed by County Attorney’s Office and legal counsel for Hubbard Construction Company

• After post-closure period the property will be offered to Orange County

• Limited time period to verify site condition and accept offer

• Intended for park or recreational purposes only

11

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

12

WaiversWaivers

• Above grade elevation

– shown on previous BCC approved plans

– some areas up to 43 feet above site’s original grade, but all areas at or below original single highest point

– now being explicitly documented as a waiver

WaiversWaivers

North South

Original single highest elevation

43 ft max difference

Original site grade

Proposed final elevation

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WaiversWaivers

• Reduced landscape trees

– shown on previous BCC approved plans

– primarily used as visual buffer with typically 1 tree / 60 feet

– no trees proposed along property boundary shared with another active landfill

– now being explicitly documented as a waiver

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WaiversWaivers

Mid-Florida MaterialsC&D Landfill

Golden Gem RoadClass III Landfill

Area with reduced landscaping(no trees)

16

Presentation OutlinePresentation Outline

• Request

• Background

• Waivers

• Staff Findings

• Recommendation / Conditions

17

Staff FindingsStaff Findings

• No substantial deviations from previously approved permit

• Consistent with latest revisions to Chapter 32 Article V

• Enforcement action in 2006 was resolved satisfactorily

18

Presentation OutlinePresentation Outline

• Request

• Background

• Agreement to Offer Donation

• Waivers

• Staff Findings

• Recommendation / Conditions

19

Recommendation / ConditionsRecommendation / Conditions• Staff recommends approval of the Agreement to Offer Donation of

Real Property

• Staff recommends approval of the permit renewal application, for a duration of 5 years, with waivers for above grade elevation and reduced landscaping, and subject to 49 updated conditions in the following categories:

– Development Review Committee Conditions

– Board of Zoning Adjustment Conditions

– Waivers (above grade elevation, and reduced landscaping)

– General

– Security and Access

– Waste Quality Control

– Ancillary Operations

– Community Issues

– Reporting and Record Keeping

– Closing

– Fires, Emergency Preparedness

Changes to Changes to Conditions in Staff ReportConditions in Staff Report

19.The permittee will bear at least 50 percent of the cost for additional deputies as the Sheriff may determine are necessary to enforce the previous condition (Condition 24 18), unless other arrangements acceptable to the County Administrator are made between the permittee and the operators of the adjacent landfill (Orange County Environmental, LLC).

49.Development shall conform to the [Hubbard Construction Company] Mid-Florida Materials Company C&D Landfill Plan dated "Received *", and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent [the applicable laws, ordinances, and regulations] are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (BCC), or by action of the BCC.

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BCC Action RequestedBCC Action Requested

• APPROVAL OF AGREEMENT TO OFFER DONATION OF REAL PROPERTY BETWEEN ORANGE COUNTY, FLORIDA AND HUBBARD CONSTRUCTION COMPANY

• APPROVAL OF SOLID WASTE MANAGEMENT FACILITY (CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL) PERMIT RENEWAL FOR MID-FLORIDA MATERIALS (HUBBARD CONSTRUCTION COMPANY) WITH CONDITIONS, AND WAIVERS FOR ABOVE GRADE ELEVATION AND REDUCED LANDSCAPING, FOR A DURATION OF FIVE (5) YEARS

BCC Public Hearing BCC Public Hearing for consideration offor consideration of

an Agreement to Offer an Agreement to Offer Donation of Real PropertyDonation of Real Property

-and- -and- a Solid Waste Management Permit a Solid Waste Management Permit

RenewalRenewal

APPLICANT: APPLICANT: Hubbard Construction CompanyHubbard Construction Company

(Mid-Florida Materials)(Mid-Florida Materials)

December 4, 2007