Orange County — Board of Zoning Adjustment

SE-03-11-076 — Lo Bros Enterprises, Inc.

Request: Special Exception in A-1 (agricultural) zone for construction and demolition debris landfill. (NOTE: The applicant proposes this as an expansion of the Republic Services existing landfill operation to the north).

Decision: Denied

Hearing: The Staff Report and Recommendation is located on Pages_____. The applicant testified there is a need for this type of landfill, and that the usage of this property is only temporary. It was the applicant's contention that the landfill use would cease and be converted to a greenery area consistent with timing of development within neighboring areas of Horizon West. He also contended the request is consistent with the CPP's 1 DU/10 Ac. as well as the current rural nature of the area. Approximately 40 commentaries were received in opposition. There were none in favor. Approximately 30 individuals appeared at the public hearing in opposition; nine addressed the BZA. Some of the speakers in opposition were representative of the following organizations: Lake Hickory Nut HOA, Horizon West Board of Directors, Butler Chain Conservation Association, Orange County National Golf Course. The opposition provided the following general comments: Inconsistency with Horizon West, truck traffic hazard to livestock and humans and truck littering along the roadways as a result of the existing Republic Services landfill, decline in residential property values in the area, and difficulty in selling neighboring homes as a result of the negative impacts from the existing landfill, and odor. The general manager with Orange County National Golf Course stated they have lost business because of golfers' complaints about odor and truck traffic associated with Republic's operation interfering with golfers crossing the road. The president of the Horizon West BOD stated the request is inconsistent with the Horizon West Plan. He felt the existing landfills in the area should be allowed to operate until capacity is filled, and that no more new landfill operations should be approved. EPD staff gave the BZA information about existing landfill operations in the area and in Orange County. It was pointed out that the CDS property to the north of Republic Services landfill is in the proc*