Angelo's aggregate material conditional use amendment

2:07:57Next. I don't think we get it any easier.

2:09:21Uh supposedly.

2:09:46There we are.

2:10:04Raymond Phillips, current planning and city of Cape Coral. This is a conditional use amendment for Angelo's aggregate material. Currently operates as a class one mine and a class two landfill. Angelos is surrounded by AC zoning, undeveloped land to the south. Undeveloped land to the Um Well East. The coast Pasco landfill to the east and rural single families

2:10:34to the west. The applicant is requesting the removal of the time limit, which was for fifty-seven years. or upon disposal of fifty million cubic cards, whichever occurs first, and replace this condition with a maximum elevation Of three hundred and twenty North American vertical datum from two hundred and twenty um National Geodetic Which is approximately a hundred feet.

2:11:02Staff notes that we had uh correspondences of objection. You will note that there was a Uh expartate communication recently from Mr. Griffin, you all received

2:11:14Can you get a motion to receive and follow up, please? Move

2:11:17the receiving bottle.

2:11:18Second.

2:11:20Motion and second. All in favor? Aye. Opposed?

2:11:29And staff ultimately Recommends approval with the conditions as outlined.

2:11:41The applicant has asked for a maximum of thirty minutes to go over their plan and conditions.

2:11:48Okay, so you got the timer over there?

2:11:52You don't know.

2:12:13Good afternoon. Barbara Wilhite, 2523 Permit Place, New Port Richey Florida, 34655 for the applicant. I know you've already had a long afternoon. We're gonna do our best to be brief and concise. We'll still provide you inform the information that we think you need to make a decision today.

2:12:29And you've been sworn.

2:12:31I haven't sworn.

2:12:33I have Matt Armstrong here from Stantec. He's going to uh co um present this to you.

2:12:46These are from your comprehensive plan. This facility is part of the county solid waste system.

2:12:54It actually this the the f capacity at this landfill Is um is part of the level of service standards for the county. We're actually mandated by that last policy to increase disposal capacity to meet future needs, to plan You all have had a whole afternoon of of um struggling over poor planning. and probably wish that things would have been done differently earlier. We stand here today earlier. We

2:13:25stand here able to do things today. To plan for this expansion That will make a difference. To the neighbors in the future.

2:13:35We stand here with working with an existing footprint instead of an expansion to the north or to the west.

2:13:45This Is a slide about capacity? This landfill is the only landfill in Pasco that takes this stuff. It's class three materials, it's construction debris and demolition plus some. And that plus sum that means something to me is when you have a renovation that includes removal of carpeting or furniture, this is the only place in Pasco County you can take it. The county does have a permitted class three facility, but they have 14 acres left. One four. That's it. They are not accepting

2:14:16class three waste from commercial haulers in Pac for Pasco County. So this is

2:14:23not garbage, this is

2:14:24not garbage. This is not household garbage, household waste. These are things that when you remodel or you build, which there's lots of going on, these are where those things go. I asked my own contractor, I'm remodeling, I said to him, I said Where did my stores go? Where did my carpeting go? And he said he went to this landfill. The county has a contract when they remodel and build a little bit of a little bit of a little That's it's this facility. This is the facility for

2:14:54this type of these type of materials.

2:14:58So I did so I asked, I talked to the Solid Waste um director, and and these are the things he pointed out, which I just said about they have a 14 acre cell. They have a class one sanitary landfill as well. Sanitary landfill is the household waste. And and they protect that. Capacity? So they would never use that for class three materials. So ultimately he said to me that the county needs this increase in capacity and then the capacity will benefit the county. And I think staff has has communications with Mr. Power

2:15:29as well. So um This existing this facility is properly cited. It's located in agricultural land use designation where nuisances are anticipated and residential uses are not primary. That is your code adopted in land development excuse me, that is your comprehensive plan adopted in the year 2006. That's what it says. Purposely put those policies, the county purposely put those policies in the comp plan in 2006 so you would have, as a planning commission today, direction. as you cite new facilities, this

2:15:59is not a new facility, as to what's primary where. So when you hear it's rural residential, it is that is not the primary use. There are p places in your county where rural residential is protected. But not here. Here you have the county decided there's place we have to have places for things that aren't popular. Surrounded on three side by agricultural land uses, it's adjacent to the county's closed sanitary landfill, which continues to vent methane gas, and it's near two chicken uh active chicken farm operations, pretty substantial operations.

2:16:30The need for this is not going away. as it's the demand is building new and remodeling existing, which is what we need for our economy, is to continue to do those things. Pas our population is expected to double. And we Th through this proposal we can double the capacity of this landfill without increasing the footprint and And we were asked about that at your last point in commission. You're doubling the capacity. Almost like we should feel bad for that. You're supposed to be planning for capacity. That's what your complaint says

2:17:00you're supposed to do. And we can do it within the same footprint.

2:17:06After meeting with you and and hearing from the residents at the last planning commission, we have been and Matt will explain um some of his reach out and what he has done since then. But Stantec has prepared and designed a substantial berm. And we're gonna mi we're gonna meet the mark when you look at our berm. Because it was it was prepared by, not prepared in-house, it was prepared by an independent landscape architect. And my instructions to the independent landscape architect was to be independent. Be a professional making a recommendation. Not

2:17:37to consider anything, cost, not to consider anything other than your professional recommendation. So he'll present that to you. That landscaping plan will mitigate most, if not all, the visual impact and the increase in height. And and we also added additional condition and you all saw those conditions that put a specific date to install where we cease activities until we install that berm. Um very clear.

2:18:04With that, I'm going to let you unless you have any questions for me, I'm going to let Matt explain to you his landscape design and go over some of his visual impact analysis again with you.

2:18:16Okay, does anybody have any questions for Barbara before she yields? Okay. Thank you, Barbara.

2:18:32Hello, Matt Armstrong, uh Stantec Consulting. Um I was not here unfortunately in the beginning when we swore ourselves in, so I apologize for that. I might have to do that very quickly here.

2:18:42What's your address, Matt?

2:18:43Uh we're at seven seven seven South Harbor Island in Tampa, Florida.

2:18:46Thank you.

2:18:54So I don't know if we need a motion, David, for that too.

2:18:57Move to receive it file. Second.

2:19:00Motion to receive and file and second. All in favor? Aye. Aye. Opposed? Motion carries.

2:19:07All right, so I'm taking a breath after the last marathon. I'm taking a breath after the after the last marathon there. Um and Breathe breathe a little bit on this because as Barbara mentioned we we were asked to be objective and come out here and look at this for exactly what it is and for exactly what's being proposed and what's what's the truth on the ground, what are the facts, what's the math say, what's the geometry, what can you see with this uh request?

2:19:39So I I've spent a lot of time out here, obviously not not as much as the people that live here whose home homes are out here, but I I've spent as much time as I as I can to look at it and to be objective and honest about it. We've got uh before you a plan set, three three pages, that would eventually become part of the condition, the formal condition of approval, that sets forth very clearly

2:20:09exactly what it is, uh, where things would go, what types of plants will be there. And when. So that's the idea is to clean that up in the conditions. So it's very clear to everybody now and in the future, whoever is out there, either operating or living there, this is clear to as to what's supposed to be there and when. The site plan, you know, quick orientation. We've got the west side here, Duck Lake Canal Road runs along the west side, down around here to Enterprise

2:20:39on the south end. And then Otton Road again up on the eastern side. There's the existing closed county landfill. And uh we'll get into some of the other things that are out there. The gray area is existing footprint that's authorized. Uh the actual operation is over here towards the east right now. Uh there is an existing berm along the southeast corner. It's about eight feet high. It has oak trees on it. We will be adding to that with with the new berm design.

2:21:11And this is what it looks like. This is along Duck Lake Canal Road. What we've attempted to do here in design and in the notation is to create a berm that's a little bit more natural in the landscape than just a wall along the road. It has some variation east to west and in height from 20 feet down to zero feet in some areas. We've got Pine trees there, some live oak, magnolia interspersed to create some more visual interest rather

2:21:41than just a dirt pile and some trees on top of it. We've tried to address where we think uh there's more of a need for things and some of the existing oak trees that are there, uh there's no reason to take those out if they're there already, uh doing their job. There's some some enlargements. Again, that's part of the condition to clearly show where these things are and what the types are, their trunk sizes, and how those things will be maintained after they're planted. I know that

2:22:12was an issue on existing berm as some of those trees died out. Uh they weren't necessarily replaced. Uh that's going to be part of this condition as well, to to manage and maintain that berm, uh, not just let it go, uh, but we want to make sure that these things stay, stay put and grow over the time. And as Barbara mentioned, And one of the reasons we want to get this done by December 31st, 2020, is that these things have time to grow. Right now the operation is over on the east side. It's

2:22:42expected that it's going to take well over a decade to get anywhere close to the western side of this. But if we put the Burm in now and we've got that time for these things to grow and mature. By the time the operation gets over to the west, this berm will be well established and it will be doing its job.

2:23:01These are again some additional details. This is the portion of the berm that goes down around uh Mr. Griffin's property is here. This is one of the areas that we we met with folks and and walked around back here that wraps around This berm will will continue on and and meet up with the existing berm near the entry.

2:23:26Okay, so visual impact analysis. What can be seen from where? I put this picture here because this is the existing slope of the landfill that's out there. There's part of a berm along Otten Road. Right here is Otten Road on the other side of these trees. And there's a swale at the bottom here that collects any any of the runoff from the from the hillside. And this is what it looks like. The majority of the operation that's there now looks like this. There's

2:23:56at any given point about 300 feet by 300 feet. feet uh a square. That's what they call the working face or the open face of this thing. That's the area that kind of moves around at any given point and is covered daily at the end of every day. They they cover that with dirt and mulch and then eventually some grass to stabilize it. So

2:24:17you're saying, let me just make this clear, when you put stuff in there today, tonight it's going to be covered with soil.

2:24:24Yes, sir. That's right. And what I've learned in my crash course on landfills from the engineer out there who's who's here today, he knows a lot more about it than I do. Um, the Department of Environmental Protection permit for a class three landfill like this one. one requires that you do that weekly at the end of every operating week. They do it daily simply because they found that to be a better way to manage any any potential odors or or dust or anything like that that might come from from operating out there.

2:24:54So they cover it daily. That does affect your capacity a little bit because that material that you're putting on top of that every day is space that could have been used for something else. So that does take a bite out of your overall volume. Um which is again one more reason that we're looking to be smart about. um using the space that we're already impacting uh and not going outward somewhere else or trying to cite a whole new thing somewhere else. It's a whole lot easier to m m visually mitigate something that's there now than to try to expand

2:25:25it or go somewhere else. So uh we took some some section views uh through the proposed berm along uh the western side here because that's where folks are closest to this thing. Uh these are the folks that live here and and they're they're closest to this most affected by it.

2:25:48There is um I think you've seen this before, there is a a a nice, it's a lovely home here along Duck Lake Canal Road. I I think the gentleman may actually be here today. Um The idea was if you are living in this house and you're looking out the second story window uh at elevation 102 feet. above you know your your sea level, so to speak, and you look across Duck Lake Canal Road. Over the berm. 220 feet is the current permitted maximum height, 220. the

2:26:19berm and the vegetation at uh at maturity would obstruct that view. You wouldn't see it. You probably wouldn't see any of the slope, you wouldn't see the top of it. Yeah, three twenty. which is what we're proposing to do. That same line of sight just skims across the top of this landscape berm here, and you might see the top of it. The reality is there's not a sharp point like that. It it really slopes off. As this thing nears its eventual

2:26:50maximum 50-60 years from now, you'll actually slope this off more gradually and it comes to a point. that's quite a bit further away. So as you go up you all you also go further and further away, which is also part of that visual impact when you are looking at something from a distance like this, where it's, you know, close to over a mile away, rounding off the top of a green hill past some trees, the impact

2:27:20is is is is relatively imperceptible.

2:27:24Uh this is from Duck Lake Canal Road itself, if you're driving along the road. Uh I can get this to cooperate here. Ninety-two feet elevation, you look over the the trees here, even at the low points in the berm where we are proposing to use uh trees here, uh that's still gonna obstruct uh or obscure the view. Again, 320 from Duck Lake Canal Road, you don't see it at all. Uh you wouldn't be able to see that hill uh from the road at all with that vegetation

2:27:55planted there.

2:27:57Uh this is another view for a little bit further south in Duck Lake Canal Road. Uh again, even looking through the understory of the trees, and again these are varying heights, oaks and magnolia and pine. The pines are are really going to obscure most everything and they're quicker growing than the oaks. Uh you don't see it at three twenty.

2:28:19We also did some location views. It was important to try to look at not the cherry-picked views, but worst-case scenarios. Not try to hide behind something, but let's put it out there and see what you can actually see. So up here I'll start off with A. This is on the northwest corner here, a ducklet canal road wraps around. This is what it looks like today, looking southeast. And about fifty to sixty years from now, after the berm is mature and

2:28:49after this thing is topped out, it's gonna look like that. So we go from today. Two sixty, fifty years from now, uh you don't you don't see it. Um the berm is in the foreground. The light green goes up to two twenty, that's what's permitted today. That little sliver of dark green, that's the difference between two twenty and three twenty. It's it's hard to tell. It's hard to tell. As

2:29:20we drive down Duck Lake Canal Road, going a little further south, this is the present-day view. It's a nice field. You can see some of the dirt pile from the existing operation. This is what they dig out in order to make room for the construction debris that comes in. This is also what would be used to cover things or even to build a berm. Again, this is what it looks like today, 50, 60 years from now with the berm, this is what you'd see. I'd like to point out that you see the top of the berm

2:29:50here. The light green that goes up to 220. That's our current max. That other shade of green goes up to three twenty. Again, that's it's receding into the distance at a slope of three to one and it's rounded off at the top. That is the sliver that we're talking about. That is the difference between two twenty and three twenty at that distance in in reality. That's what's giving us all this extra capacity over this time frame without increasing the footprint. This

2:30:22is Enterprise Road. This is what it looks like today. That's what it looks like fifty to sixty years from now.

2:30:32This is on Otten Road and we're looking southwest. The county's closed landfill is right over here. This is the gate that gets into that. So this is what it looks like today. That's what it's gonna look like 50 years from now. Again, you see the sliver on the top. That's your hundred foot difference from there to there. And in reality, they're not going to be two different shades of green. It's gonna be one green grassy hill. you you literally could not tell the

2:31:02difference if you were standing there from one to the other. I I challenge anybody who's human to go and tell me that fifty years from now you can be able to tell the difference between two twenty and three twenty looking at this thing. And

2:31:15Matt, will there be any trees planted along that section?

2:31:18Uh this again this is the county's uh piece in here to their closed landfill. Um I don't know of any plans to to plant anything here. No,

2:31:27I'm talking about the higher elevation.

2:31:29Oh, at the higher elevation? Yeah. You know, it's it's a question that's come up and according to the engineer, you can do that. There are landfills that have done that, that installed trees along the hillside. You have to plan for it so you can leave some soil. Uh I I'm not sure exactly what the depth is. It might be something like four to six feet in the slope. So you can plant that tree there so it's not growing into construction debris or exposing anything like that, but you can plant trees on it. Again driving driving up here today. Um

2:31:59and and having spent a lot of time out east Pasco, you do see some hilltops that have trees on them. You see some that don't. There's a little bit of both. I think the one thing that, again, in in in my opinion and uh opinion of a landscape architect, the last thing you want to do is is just put a ring of trees around the top. 'Cause that almost draws more attention to it. If you did put some trees on it, they'd be kinda random and some would be lower and some would be higher. Right. So you're not calling attention to the very tip top of it and having it look weird. Um but

2:32:29you can plant trees on it. Yeah. Um this is uh one last view I wanted to point out because I I spent some time with uh the property owner here to the south and he was gracious enough to to spend some time with me and I'm thankful for it because I I learned a lot, more about the area than I than I knew before that. It's down Singletary Road here. They're about 4,000 feet to the south, give or take a few feet, across this field.

2:33:00And we wanted to see what that looked like from there. This is the present-day view from that fence line. You can see the fence line right here. This this field that goes across here is actually owned in part by the applicant. That is their their pivot irrigation and Yeah. In the distance, right through the pivot irrigation, you can see some of the dirt and grass along the existing operation. Again, that's

2:33:30about 4,000 plus feet away. That's the difference. Um again, the light green is what we do today up to 220. Uh that current elevation at the top is about one seventy-one. So where they're at today, where the tipper is on that in that working area is about 171 feet above sea level. Current permit allows you to go to two twenty. And then that darker shade is the difference between two twenty and three twenty. Um and and again I think 50-60

2:34:01years from now in reality i it won't be two different shades of green, it'll just be one shade of green and really hard to to tell the difference between one and the other. So that's that's kind of my piece on on the visual impact, what we what we thought you could see and what you can't see, what we thought you would you should do to to try to mitigate that from a a landscaping perspective. Um And uh if you have any questions on that I'd be happy to answer it.

2:34:29I don't have a question for you but I do have a question for Barbara.

2:34:32Thank you.

2:34:32Okay.

2:34:35So Barbara, um

2:34:39I know you emailed revised conditions to the Planning Commission. Is the only condition you've added since because this condition about the landscaping is not in the their agenda packet.

2:34:51Right.

2:34:51Okay. Is the only condition that you've added since

2:34:57The last time this went to the Planning Commission, is it the only is it the landscape condition? Is that the only new condition?

2:35:05Landscape condition and then these two here.

2:35:10Okay. So

2:35:14Do you have okay, do you have a PowerPoint that's got the landscape condition on it too?

2:35:19Yeah, I did.

2:35:20My concern is the public hasn't seen I mean

2:35:22I realize

2:35:22you've emailed these revised

2:35:23commission.

2:35:28Um and she can pull up the email and get it up on the screen, I think. Um 'cause I anticipated that What you're saying. So uh we're trying to get it up on the screen. Because I don't have them verbatim.

2:35:40I

2:35:40just

2:35:40don't know that the public has seen the revised conditions you're proposing.

2:35:43I understand. Well some of them have because I emailed to them. Anybody had emailed to when I I because we're trying to be very transparent and work with everybody. We emailed everybody we had. Um that's how you got Mr. Griffin's email back, was because we emailed it to him. So um but

2:36:02But um So the additional conditions while she's pulling that up, so the di not only the landscape plan, when it's gonna when it's gonna go in by, it's gonna be maintained. We also have added a condition about the daily cover that it will continue to be daily cover. DEP just requires weekly cover. Then we also talked about one of the the residents um spoke about Enterprise Road and that there was sometimes class three um debris that was either dumped

2:36:32on the road or kinda came off the trucks. So we made a commitment on a um

2:36:40Let me read my slide here, on a different slide there.

2:36:48Hold on one second.

2:36:52On a weekly basis. Discarded class three materials along Enterprise Road will be cleaned up and disposed of at the facility. So between Applying the soil every day. Going and cleaning up Enterprise Road on a weekly basis. Providing for a substantial landscape berm now that will have time to grow because we're planting it now.

2:37:18We are mitigating impacts to that neighborhood. It is an existing landfill there. That's what it is. This is where it's been located.

2:37:28The alternative, you know, and thank you for pulling that up, the alternative is to locate a new one somewhere else. It's a 500-acre facility that we have and we can just stay in that same footprint. No new neighbor impacts, no new environmental impacts, and no potentially higher transportation costs, because when you site these, the biggest expense in moving things like dirt or or materials is the transportation costs.

2:37:54Okay, so what's up on the screen now is your proposed new landscape condition, correct?

2:37:59Correct. And if you go scroll down you'll see the other two conditions that I just went over as well.

2:38:08And is staff in agreement with these conditions?

2:38:11Yes.

2:38:16Okay. Are there any other questions for Barbara up here?

2:38:21So the from the current conditional use there's two Conditions that the applicant uh has not fulfilled. So that's right away and and um berm not being built correctly, right?

2:38:38That's correct.

2:38:39So um

2:38:43If they don't adhere to this. What's the mechanism? for us to enforce it.

2:38:55There's two ways. We can cite them or we can revoke the conditional use. Either one.

2:39:03Now uh it appears that

2:39:07The way this is drafted, that this new landscape condition is going to replace the existing one they didn't comply with. Is that accurate?

2:39:15That's correct.

2:39:16And that this new right-of-way condition will replace the existing one they didn't comply with. Is that also

2:39:21that's correct? And as I noted at the first um hearing, I have that deed for the right-of-way. It's executed and being held in my office, and as soon as So we this gets approved, um, it'll be conveyed to the county. So there's not an issue there. Well. Stantec's berm plan is much better than if we actually would have put up a big dirt berm along Duck Lake. The b the residents will have a very, very, very nice berm which actually

2:39:51will be attractive as people come down Duck Lake, they'll have something very nice there. So

2:39:57I mean it does appear this new condition is will be easier for the county to enforce because there's it's there's a date by which they have to have it done. I don't think the existing condition had a date.

2:40:07We didn't have a date. I also put in there very clear no activity until it happens. So the remedy, so when you ta if you take us to court. The remedy's right there. We've already said to ourselves, court, we can't operate until we do it. So it's already got the built-in remedy of what the consequence is for not doing it. It means we can't operate. So it's pretty serious and written clearly in that manner. I took your comments to heart and your concern to heart. When I wrote that.

2:40:38Okay. Anything else?