December 4, 2007

1. BCC Public Hearing for consideration of an Agreement to Offer Donation of Real Property -and- a Solid Waste Management Permit RenewalAPPLICANT: Hubbard Construction Company(Mid-Florida Materials) December 4, 2007

2. Presentation Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

3. Presentation Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

4. Request • 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 Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

6. Background • 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

7. Background

8. Background

9. Presentation Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

10. Agreement 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 Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

12. Waivers • 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

13. Waivers North South Original single highest elevation Proposed final elevation 43 ft max difference Original site grade

14. Waivers • 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

15. Waivers Mid-Florida MaterialsC&D Landfill Area with reduced landscaping(no trees) Golden Gem RoadClass III Landfill

16. Presentation Outline • Request • Background • Waivers • Staff Findings • Recommendation / Conditions

17. Staff 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 Outline • Request • Background • Agreement to Offer Donation • Waivers • Staff Findings • Recommendation / Conditions

19. Recommendation / 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

20. Changes to Conditions in Staff Report • 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). • 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.

21. BCC 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

22. BCC Public Hearing for consideration of an Agreement to Offer Donation of Real Property -and- a Solid Waste Management Permit RenewalAPPLICANT: Hubbard Construction Company(Mid-Florida Materials) December 4, 2007