Orange County — Board of Zoning Adjustment

SE-99-11-001 — Cds Trucking Corporation

Request: Special Exception in A-1 zone for landfill operation (collection of construction and demolition debris only).

Decision: Approved

Hearing: The public hearing was continued from the BZA's November 4th meeting in order for the applicant to hold a second community meeting with expanded notification (1/2 mile radius from subject property boundaries). The second community meeting was held on November 18th and was attended by Zoning, Planning and EPD staff. About one dozen citizens attended. Most of the issues at the community meeting related to operational concerns which are covered by the County's Solid Waste Ordinance and enforced by the Environmental Protection Division. An abutting property owner and his attorney were present at the community meeting and the BZA's public hearing. The attorney stated he had met with the applicant and worked out a compromise wherein his client would not oppose the Special Exception if certain stipulations were met. The stipulations are primarily technical in nature and fall within the purview of the Environmental Protection Division. The BZA incorporated the stipulations as condition numbers 3, 4, 5, and 6; BZA added a provision to conditions 3 and 6 that requires Environmental Protection Division approval. One person was present in opposition, stating she represented the Lake Avalon Homeowners Association. A main point of concern is the traffic generated by landfills; it makes it difficult for the homeowners to get out of their subdivision due to the heavy truck traffic. In rebuttal, the applicant pointed out that traffic from this landfill will be less than it operating under its current borrow pit operation. The district BZA representative added condition #7 (restricted hours of operation on the weekend). He also added condition #8; it had been stated that a corner of the subject property may be taken by the Expressway Authority, and that the applicant is currently negotiating an agreement with the Authority on this matter. The BZA was concerned that additional tax dollars may be spent as a result of a Special Exception approval increasing the value of*