Orange County — Board of Zoning Adjustment

SE-17-08-073 — ENVIRO TREE SERVICE, LLC

Request: Special Exceptions in the A-1 zoning district for the following: 1) To operate a landscaping and tree trimming service (Approved); 2) To operate a yard waste recycling facility (Withdrawn by staff); and 3) To operate a wood chipping operation (Withdrawn by Applicant).

Decision: Approved

Hearing: Staff noted that as a result of the Community Meeting held on July 24, 2017, the Yard Waste Recycling Facility request is being withdrawn by staff. This use was included by staff to ensure that the public hearing would not need to be continued if it was determined that the applicant was in fact a yard trash processing facility. Staff indicated that due to the significant opposition expressed at the Community Meeting, primarily regarding the use of the wood chipper, staff could not support the current request. The applicant's agent explained the history of the property, has had a landscaping and irrigation service located there from 1994 to 2012. This data made the applicant believe that they could simply move in and begin operations. There was no one in attendance to speak in favor of the proposed use. There were twelve (12) persons present in opposition. Most were residents of the area. Nine (9) persons gave their time to one (1) spokesperson who explained that the current operation was creating impacts which included: noise; dust; vibration; and vermins. Two (2) additional persons spoke to other impacts and concerns on their livestock and the impact large trucks would have on Phils Lane. In the applicant's rebuttal, due to comments from neighbors during this public hearing, agreed that they would cease all wood chipping operation on site once the existing debris was removed. Therefore, the only Special Exception being considered is that for the landscaping and tree trimming service. The BZA deliberated the use of the property as a landscaping and tree trimming business with no chipping taking place on site. Staff provided revised conditions based on no wood chipping taking place. A motion was made to recommend approval of the Special Exception for the landscape and tree trimming service only, with no wood chipping allowed on site. The motion passed by a vote of 5 in favor and 2 opposed.