May 14, Planning and Land Development Regulation Commission (PLDRC) 181 State Road 415, New Smyrna Beach. Railey Harding & Allen, P.A.

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1 Page 1 of 32 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: May 14, Planning and Land Development Regulation Commission (PLDRC) S Special exception for a temporary and permanent asphalt batching and cement plant on Prime Agriculture (A-1) and Resource Corridor (RC) zoned property. 181 State Road 415, New Smyrna Beach Railey Harding & Allen, P.A. Barcelo Developments, Inc. Scott Ashley, AICP, Planning Manager I. SUMMARY OF REQUEST The applicant is applying for this special exception to establish a permanent asphalt batching plant on a ±16.3-acre parcel along State Road 415 in Samsula. The proposed batching plant facility will be located on the western ±4 acres of the Prime Agriculture (A-1) zoned portion of the subject property. An asphalt batching plant is a permitted special exception use in the A-1 zoning classification. Staff Recommendation: Forward to county council for final action with a recommendation of denial as provided in the staff report; however, should the commission forward a recommendation of approval, staff has provided suggested conditions for consideration.

2 Page 2 of 32 II. SITE INFORMATION 1. Location: The property is located on the east side of State Road 415, north of Osteen, in the community of Samsula. 2. Parcel Number(s): Property Size: ±16.3 acres (request area ±3.7 acres) 4. Council District: 3 5. Zoning: A-1 and RC 6. Future Land Use: AR and ESC 7. ECO Map: Yes 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North: A-1 AR Single-family dwelling East: RC and A-1 ESC and AR Partially forested and pasture South: RC, A-1, and A-3 ESC, AR, and Rural Undeveloped parcels West: BPUD R Contractor shop and storage 10. Location Maps Zoning Map Aerial Map

3 Page 3 of 32 III. BACKGROUND AND PREVIOUS ACTIONS Area development consists of very low-density residential uses on acreage land, agricultural uses, and woodlands. Immediate uses include a single-family dwelling to the north, a mix of undeveloped and residentially developed parcels to the south and southwest, and a former contractor s equipment and storage use across State Road 415 to the west. The New Smyrna Beach Speedway is located approximately one-third of a mile north at the intersection of State Road 415 and State Road 44. The property has cleared pasture area adjacent to State Road 415, while the remainder of the subject property contains trees and other vegetation. The property owner is a Florida corporation associated with a general and underground utilities contractor located in Port Orange. The proposed batching plant will be a new business venture; the applicant chose this particular property due to its central location in Volusia County, and proximity to the major intersection of State Road 415 and State Road 44. From the intersection of these two major transportation corridors, the applicant would have access to all of the major roadways in Volusia County. Additionally, the central site location provides access to two federal interstate highways. IV. REVIEW CRITERIA AND ANALYSIS Permanent Batching Plant Use and Code Requirements - The applicant proposes to limit the special exception use to the westerly portion of the overall acre parcel. As shown on the submitted plans, the intended batching facility will occupy a project area of about 3.7 acres. Per the applicant, the proposed plant operational schedule is 7 a.m. to 5:30 p.m., Monday through Friday. Aggregate material use to supply the batching facility will be transported from a rail yard situated in New Smyrna Beach. Section (9) of the zoning code contains a list of requirements and conditions that an applicant must meet to find this special exception request in compliance with the ordinance, which have been attached to the report as appendix A. These requirements address such items as setbacks, material maintenance, and vehicle routing. Site Plan A site plan provided with the application that exhibits the following: Proposed permanent batching facility consisting of multiple integrated components, including but not limited to, six cold feed aggregate bins, conveyors, drum mixerdryer, baghouse, and batch mix dispenser silos. Proposed 12-foot x 40-foot operator control center with off-street parking area. Proposed 12-foot x 14-foot lab building. Aggregate storage stockpile. Stormwater retention area adjacent to State Road 415. Two proposed, gated driveway connections onto State Road 415. This plan is conceptual in nature and does not constitute final site plan approval. Pursuant to the zoning code, a detailed review of this development will take place during a Final Site Plan review process to assure compliance with applicable sections of Chapter 72 of the Code of Ordinances,

4 Page 4 of 32 including, but not limited to, landscaping, off-street parking and stormwater management prior to construction of the facility. However, an initial review of the attached site plan has generated the following staff comments: 1. The applicant provided a revised plan dated that indicates that the proposed batching facility does not comply with the setback requirements of section (9). Review of the scaled plan shows the proposed batching plant is more than 150 feet from the State Road 415 right-of-waywest property line, over 300 feet from the north property line, but it will not be 100 feet from the south property line of the subject parcel. 2. The applicant provided an elevation drawing dated 5113 that shows the maximum height of a portion of the batching plant will be 45 feet, which is the maximum height under the A- 1 zoning classification. 3. The proposed development area is a cleared pasture, so there is very limited visual screening from State Road 415. A significant landscaped buffer design is needed to screen the use from adjoining properties. Similar special exception uses require minimum 50-foot buffers adjacent to all property boundaries. 4. Environmental staff indicates the property area east of the clearing is part of a wetland system. An upland buffer of 25 feet from the wetland is required. Special Exception Criteria Under subsection (8) Reasons for denial, the commission may recommend denial of any application for a special exception, and the county council may deny the application for one or more of the following reasons: (a) It is inconsistent with the purpose or intent of this ordinance. The purpose and intent of the zoning code is to prevent undue traffic congestion; to secure safety from fire; to promote public health, safety and welfare; to provide adequate light and air; to prevent rural urbanization; to retain productive agricultural areas; and to facilitate the provision of essential governmental services, such as transportation, water, sewage disposal, schools and parks. Batching plant operations serve a necessary function in providing transportation infrastructure to the community. However, it is the opinion of staff that the subject rural environment is not the appropriate location for this intense use given the use is generally limited to an industrial classification. (b) It is inconsistent with any element of the comprehensive plan. The property is located within the Samsula Local Plan and has an Agriculture Resource future land use designation. The A-1 zoning classification is assumed compatible with the Agricultural Resource designation according to the compatibility matrix of the comprehensive plan. The A-1 zoning classification allows batching plants as a permitted special exception. Therefore, the request for batching plant operations is conditionally compatible with the Agricultural Resource designated area of the property. The goal of the Samsula Local Plan is to maintain the existing rural, agricultural, natural cultural and scenic values associated with the Samsula Community within a framework, which will allow for growth compatible with the established development pattern and current land use policies.

5 Page 5 of 32 The local plan provides a higher level of protection to the Samsula community. The following goals, objectives, and policies are applicable to this request: SAM SAM SAM SAM 1.2 Applications to convert beyond the existing rural land use level designations to nonresidential use or increase beyond the existing rural residential density within the Samsula Rural Community shall be discouraged. Clustering and design standards may be utilized to keep the community s rural appearance and agricultural character. The pattern of the low density rural single family residential and agricultural land uses shall be maintained. Road improvements will be designed to move traffic through Samsula and not increase densityintensity to urban land uses. Preference for commercial development within the Samsula community shall be those uses that support the agricultural heritage of Samsula. Protect and enhance the rural residential and agricultural resources of Samsula which define the area s character and visual appeal. This special exception application is inconsistent with the above-mentioned policies of the comprehensive plan. Very low-density residential development, farmlands, woodlands, and natural open spaces characterize Samsula. In addition, the lack of certain urban type services and small rural-based nonresidential use further define the area s character. The proposal is for a nonresidential use that does not support Samsula s agricultural heritage. (c) It will adversely affect the public interest. The proposed special exception has potential for both positive and negative impacts. The chief positive impacts are to provide a product and service necessary in improving the transportation infrastructure of the community and to retain local jobs. Negative impacts of the proposed special exception include increased traffic generation, noise, and dirtdust dispersion and effects on the rural character of the area. Imposition of appropriate conditions could address the negative impacts, but the rural character of this particular community makes this location inappropriate for the proposed use. (d) It does not meet the expressed requirements of the applicable special exception. Section (9) of the zoning code provides several special exception requirements applicable to a permanent asphalt batching plant. Specifically, subsection (9)(c) requires that all batching facilities be set back at least 100 feet from any perimeter property line and no closer than 150 feet to any road, nor closer than 300 feet to any existing residential dwelling. The recently revised plan shows that the batching facility will meet the referenced setback requirements from the north property line and the road, but it shall not meet the 100-foot setback from the south property line. The aggregate storage pile is less than 30 feet from the south property line. Barcelo Development, Inc. also owns the adjoining tax parcel. The owner must relocate the aggregate stockpile area or add this adjoining property to meet the 100-foot setback requirement, unless otherwise approved by a variance. If the owner s properties are combined, the case legal description will change requiring a new public notice.

6 Page 6 of 32 The applicant has not documented how the aggregate material will be maintained. Per code all permitted materials shall be maintained in a neat and orderly manner, and that they be covered andor wet down regularly so as to prevent debris from leaving the area of the site. The material storage pile is depicted adjacent to the south property line, near another parcel owned by the applicant. According to section (9)(f) the county council may limit the time of day during, which the batching plant may be operated. The hours of operation proposed by the applicant are between 7 a.m. to 5:30 p.m., Monday through Friday. This request will not meet the expressed special exception requirements if the plans proposed by the applicant are implemented. (e) The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council. The applicant must meet the requirements of the special exception as well as permitting requirements by any applicable federal, state, and local agencies. As stated, staff has found the proposed batch plant is inconsistent with the Samsula Local Plan. (f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion. The property will access a two-lane state highway designed to accommodate a high volume of traffic. Materiel used in the asphalt production will be transported from a site in the City of New Smyrna Beach to the subject location. No operation of the proposed special exception is likely to create undue traffic congestion though traffic volume will likely increase. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public. Staff has evaluated potential public nuisances that the batching plant operation could create without code compliance or imposition of appropriate special exception conditions. DUST: If aggregate materials are not maintained in a neat and orderly manner, they could produce future dust during operation of the plant. To prevent a potential nuisance or public health issue, the material shall be covered andor wet down regularly so as to prevent debris from leaving the area of the site. NOISE: The existing Code of Ordinances, Section regulates noise for the county. Staff has recommended a condition that requires compliance with the County s noise ordinance for the batching plant operations. Table 1 of the noise ordinance is reproduced as follows:

7 Page 7 of 32 TABLE INSET: TABLE I DECIBEL LIMITS BY RECIEVING LAND USE OCCUPANCY Receiving Use Occupancy Category Residential Commercial or tourist Time 7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m. 7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m. Sound Level Limit (dba) Manufacturing At all times 75 Agricultural At all times 75 (Section , Table 1, County Code of Ordinances) LIGHT: Outdoor lighting associated with the batching plant would need to be oriented and shielded to prevent glare onto the adjacent properties. (h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings. The character of the surrounding area is rural with acreage home sites and pastureland. It also includes two contractor equipment and material storage uses and a speedway, but these particular nonresidential uses existed before the adoption of the enhanced protective measures of the Samsula Local Plan. The proposed special exception use would materially alter the character of the existing neighborhood or adversely affect the value of the surrounding land, structures, or buildings. (i)it will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution. Based on available information, the requested special exception, with appropriate conditions, is unlikely to adversely affect the natural environment or natural resources. The proposed use will be located on the existing cleared portion of the property, and no additional property clearing is planned. A wetland area situated west of the tree line shall be protected per provisions of the county land development code. However, the openness of the property lacks existing natural screening to minimize the exposure of the special exception use to the community. This nonresidential use will stand out and adversely affect the scenic beauty of this very-low density residential and agrarian environment.

8 Page 8 of 32 V. STAFF RECOMMENDATION Staff finds that the application is inconsistent with the Samsula Local Plan of the comprehensive plan and could be inconsistent with the purpose and intent of the Code of Ordinances of Volusia County. The request will materially alter the character and scenic beauty of the surrounding Samsula community. Therefore, staff recommends denial of this special exception for a permanent asphalt batching plant on Prime Agriculture (A-1) and Resource Corridor (RC) zoned property. If the PLDRC finds that the application can meet applicable code criteria, and forwards the request to the county council with a recommendation of approval, staff would offer the following conditions for consideration: 1. The proposed asphalt batch plant shall comply with the special exception criteria of subsection (9) of the zoning code, including, but not limited to, the batching facilities shall be located no closer than 150 feet to the nearest public road; and shall be located no closer than 100 feet to any perimeter property lines, and shall be located no closer than 300 feet to any existing residential dwelling. 2. Prior to any site preparation or construction, the applicant andor owner shall prepare and submit a final site plan application for review and approval in the manner required by the county land development code. The plan shall generally comply with the attached special exception plan and restricted to the Prime Agriculture (A-1) zoned portion area of the property, as may be modified during the site review process to comply with the county code. The applicant andor owner shall file the batching plant final site plan within twelve months from date of rendition of this special exception. If said final site plan is not filed within the twelve month time period it shall expire, unless otherwise extended. 3. The maximum height of the batching plant facility shall not exceed 45 feet above the ground level, unless otherwise approved by a variance. 4. The applicant shall establish perimeter landscape buffers consisting of existing vegetation and planted native vegetation chosen from the county landscape plant list to create a visual screen. A minimum 50-foot wide landscape buffer shall be provided along the perimeter of the project area. Within the buffer, the applicant shall establish a minimum 14-foot wide, 6-foot high landscaped berm not to exceed a 3:1 slope, consisting of fast growth trees, shrubs, and ground cover. The landscape material shall be planted in a vertical layer of ground cover, shrubs, medium trees and large trees, with the low plants in the forefront of the berm and trees in the back. A continuous shrub hedge shall be planted on 24-inch centers and be at least 2.5 feet in height at time of planting. Live oak trees of a minimum four inch diameter at breast height (DBH), and 15 feet in height at planting shall be located along a line on the back half of the buffer. The trees shall be planted every 40 feet. A minimum of six medium trees, of a minimum two-inch DBH and a minimum eight feet in height, per 100 linear feet of street frontage or fraction thereof shall be planted in a staggered pattern in front of the large trees.

9 Page 9 of All permitted materials shall be maintained in a neat and orderly manner and shall be covered andor wet down regularly to prevent debris from leaving the area of the site. The applicant shall submit a dust control plan for review and approval before issuance of a development order. 6. The batching plant hours of operation shall be from 7 a.m. to 5:30 p.m., Monday through Friday. 7. Illumination of the property is limited to the driveway entrances and within the proposed project area delineated on the attached special exception plan. The applicant shall submit a signed and sealed illumination plan during site plan review that indicates the light sources, total lumens and foot candle measurements of the project. No light trespass is permitted outside the project area. Therefore, the foot-candle (fc) measurement at the project boundary shall not exceed 0.05 fc. All light sources shall be shielded and directed away State Road 415 and from the parcels to the north and to the south. 8. The county s noise ordinance, Section shall apply to the batching plant operations. 9. Any applicable federal or state permits shall be obtained as required and submitted to the Planning and Development Services. The proposed facility shall be maintained and operated in full accordance with all applicable regulations and permits. 10. Applicant will address the concerns of the County Traffic Engineer during final site plan review. 11. The uses, structures, and activities shall be limited to those shown on the attached special exception plan. Any additional uses, activities, or expansion shall require an amendment to this special exception. VI. ATTACHMENTS Written Explanation Survey and special exception site plan Appendix A - Section (9) Reviewer comments Maps Appendix B Opposition received as May 6, VII. AUTHORITY AND PROCEDURE Pursuant to Section , the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant.

10 Page 10 of 32 Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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13 ( ) Scott Ashley - RE: Batch Plant special exception application Page 13 of 32 Page 1 From: Nora Miller <nmiller@raileyharding.com> To: 'Scott Ashley' <sashley@volusia.org> CC: Robert Harding <rharding@raileyharding.com> Date: 11:54 AM Subject: RE: Batch Plant special exception application We will put together a formal submission for you. As we discussed previously, the application is for a permanent asphalt batch plant. The location was chosen for its proximity to State Road 44, to Interstate 95 and to the Samsula landfill. The batch plant will be located on vacant land, which has previously been cleared. The batch plant will be located on just over three acres of a more than 16 acre parcel. The surrounding property is primarily vacant and used for agricultural purposes or timberland Original Message----- From: Robert Harding Sent: Thursday, January 17, :22 AM To: 'Scott Ashley' Cc: Nora Miller Subject: RE: Batch Plant special exception application We will absolutely do that now! -----Original Message----- From: Scott Ashley [mailto:sashley@volusia.org] Sent: Thursday, January 17, :18 AM To: Robert Harding Subject: Batch Plant special exception application Mr. Harding, This specific special exception has several expressed requirements listed under subsection (9) of the Volusia County Zoning Ordinance that must be met. One of these requirements is that an applicant shall submit a written report outlining the reasons for placing the batching facilities in the particular location and stating the duration of time for which the applicant intends to operate the said batching facilities. This information was not included with your application submittal, which is important information for the preparation of the written staff report. I would appreciate your assistance in providing this information so that I may complete my analysis. Thank you. If you have any questions, or need further assistance, please feel free to contact me. Scott Ashley, AICP Planning Manager Volusia County Planning and Development Services Phone: (386) ext Fax: (386) PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County of Volusia officials and employees regarding public business are public records available to the public and media upon request. Your communications may be subject to public disclosure. The views expressed in this message may not necessarily reflect those of the County of Volusia. If you have received this message in error, please notify us immediately by replying to this message, and please delete it from your computer. Thank you.

14 Page 14 of 32 From: To: CC: Date: Subject: Eric Weiss "Scott Ashley Robert Harding "'Leo :24 AM Asphalt Plant Mr. Ashley, Thank you once again for taking the time to meet with us yesterday. As requested, please find below the technical description we have for the mechanical appurtenances on top of the storage silo. MIX DISPENSER or TOP BATCHER The top of silo batching device charges the silo without building a conical pile of material in the center, thus markedly reducing the possibility of segregation. The batching device is of welded 14 in. steel construction, including two AR batcher gates and unique, nonwearing central splitter section. The mix dispenser receives mix from the slat conveyor or bucket elevator and splits and diverts the flow into two like holding compartments. Once the prescribed quantity of mix has been collected, an adjustable timer automatically actuates two 4 in. by 16 in. air drive cylinders which open both batcher gates simultaneously to discharge two masses of mix evenly over the cross section of the silo. Two manual batcher dump buttons, designed to override the automatic timer, are built into each silo. One is located on the operator's control panel and the other is on the bottom side of the junction box located on the side of each top of silo batcher. The batcher is totally enclosed and sealed to the upper deck to minimize blue smoke and air intrusion. All moving parts of the batcher are located externally for easy maintenance. GENCOR TOP OF SILO TRANSFER CONVEYOR The 300 TPH, two-way, top of silo transfer conveyor is 32 in. wide by 16 ft. long with a 20 HP drive. TRANSFER CONVEYOR FRAME The frame is constructed from 38 in. thick plate with formed top and bottom flanges and 30 in. deep sidewalls. A 38 in. steel subfloor is double welded to the formed bottom flange and completely seals the bottom. M1044 guide bars are welded to the inside of the sidewall to help keep the conveyor chain and slats in train. CONVEYOR FLOOR - THREE MILLION TONS OR SEVEN-YEAR UNCONDITIONAL GUARANTEE The main floor system consists of a Ni-Hard cast floor system which we believe has several advantages over the chrome carbide floor plate system offered by many competitors. The castings are approximately 18 in. in length and incorporate 4 in. high side wear protection in one piece. Most competitive systems using chrome carbide plates do not furnish side wear protection. The castings are 34 in. thick on the sides and 1 in. thick on the bottom section. They have a minimum Brinell of 550. All transfer conveyors built by Gencor are fabricated with a welded in place 14 in. subfloor for the purpose of sealing off the conveyor and also for providing a location for the maintenance heat system. Conveyors without the subfloor require the maintenance heat system to be fastened directly to the heavy-duty floor sections, which creates a maintenance problem if the main floor needs to be replaced.

15 Page 15 of 32 Three million ton guarantee. The main floor system, consisting of Ni-Hard castings, is guaranteed unconditionally for a life of three million tons or seven years, whichever occurs first, from the standpoint of wear. This guarantee does not cover castings that are broken or otherwise damaged through abuse or misuse of the transfer conveyor. In the event that any of the castings wear out prematurely, Gencor will furnish the customer with new castings at no cost. It will be the customer's responsibility to pay for the freight F.O.B. factory, as well as the total cost of installation of the replaced castings. MAINTENANCE HEAT SYSTEM The transfer conveyor is furnished with an electrical heat system consisting of a series of grids secured directly to the subfloor system. The bottom is insulated and protected from the atmosphere with bolted steel doors that can be opened for maintenance purposes. Here again, the heat grids are fastened directly to the subfloor system and need not be disturbed when the main floor is replaced. TRANSFER CONVEYOR DRIVE TRAIN A 20 HP, 1,800 RPM, TEFC, electric motor is coupled direct to an in-line planetary gear speed reducer with 12 tooth output drive sprocket. Power is transmitted through a heavy-duty 160 series drive chain to a 26 tooth driven sprocket and keyed to the end of the headshaft. This entire assembly is enclosed with a safety chain guard so designed that it need not be removed to adjust either the main chain or the in-line drive mechanism. The headshaft is of heavy-duty, 4140 Alloy steel, in. diameter for superior strength, complete with shaft centering caps at each end to insure constant alignment of the headshaft sprocket in the in. diameter flange bearing installed in a manual take-up located on each side of the conveyor at the drive end. Because of the restricted accessibility of the transfer conveyor, the top of silo transfer conveyor is equipped with a 160 series drive chain that most competitors use in their main conveyors. STANDARD CONVEYOR CHAIN - 750,000 TONS OR FIVE YEAR GUARANTEE Gencor furnishes an exclusive single strand, 4 in. pitch, X3433 roller chain. All wear parts of the chain (rollers, bushings, and full 58 in. pins) are hardened to Rc ,000 ton or five years, whichever occurs first, prorated guarantee. Any chain that wears out prematurely will be replaced on a prorated basis. Gencor will accept the tonnage figure provided by the contractor for purposes of prorating the cost of the replacement chain. The customer is responsible for freight and installation of replacements. HEAD SPROCKET An 18 pitch diameter, 9 tooth headshaft sprocket, designed and manufactured by Gencor from C4050 grade high strength steel is heat treated to a hardness of Rc58-60 for extra long life. The sprocket is easily replaceable with bolt-on segments. Twelve 12 SAE grade eight bolts secure the sprocket to the sprocket hub. The nuts are tack-welded to prevent loosening. TAIL SPROCKET The in. bore, pitch diameter, solid body 9 tooth tailshaft sprocket has an exclusive Gencor design which includes material relief channels to help keep the chain clean by preventing buildup of mix around the sprocket hub. The resulting decrease in shock loading greatly increases the transfer conveyor chain life.

16 Page 16 of 32 STANDARD SLATS - ONE MILLION TON OR FIVE YEAR GUARANTEE Gencor furnishes exclusive bolt-in slats. Full 34 in. thick, 5 in. high by 30 in. wide, M1044 slats are bolted to the chain attachments with tack-welded nuts to prevent loosening. They are spaced at 16 in. intervals. Gencor furnishes a one million ton or five year, whichever occurs first, unconditional guarantee from the standpoint of wear. In the event that any of the slats wear out prematurely, Gencor will furnish the customer new slats at no cost. It will be the customer's responsibility to pay for the freight, F.O.B. factory as well as the total cost of installation of the replaced slats. HOLD DOWN SYSTEM The transfer conveyor is equipped with combination hold down return rollers for the purpose of supporting the chain and flights on the top side of the conveyor and preventing the chain and flights from raising off the floor of the conveyor. The rollers are extremely heavy-duty and are heat treated for long life. They are supported by in. diameter return roller shafts with in. diameter flange block bearings. The bearings are mounted to spring loaded bearing boxes which cushion shocks caused by chunks of asphalt or foreign material that may enter the conveyor. The spring loaded roller system also substantially reduces the chance of a plugged or jammed conveyor. CONVEYOR COVERS Lightweight and durable 34 in. MDO plywood inspection covers are held to the top of the conveyor with a series of clamp-down devices. The covers are lighter and are a better insulator than the metal covers used by many competitors. Eric M. Weiss Railey, Harding & Allen, P.A. 15 North Eola Dr. Orlando, Florida eweiss@raileyharding.com<mailto:eweiss@raileyharding.com> Phone: (407) Fax: (407) Confidentiality Notice: This contains legally privileged and confidential information intended only for the individual or entity named within the message. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. If this communication was received in error, please notify us by reply and delete the original message. IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

17 Page 17 of 32 FENCE CORNER 0.8 SOUTH.6 EAST r t ~ I f, I I f',.cp.. SOUTH TRACT BLOCK 12 10, 3 ' c:p. _,' 1 SECTION 23, TWP 17 SOUTH, RGE 32 EAST, HOWE & CURRIERS ALLOTMENT MAP BOOK 4, PAGE 44. lo 0) z 0 (Jl 0 rr\ i ""' 1 :2 TRACT 11, BLOCK 3. TRACT 7, BLOCK 4 I.. ' ' f FENCE CORNER 0.9' WEST WIRE FENCE FENCE CORNER 1.7' SOUTH ~~~~u- FOUND 58" IRON ROD & CAP LB#3612 S88'54'04''W ' CHAIN LINK FENCE I TRACT 12, BLOCK 3 NORTH 12 TRACT 10, BLOCK 3 IM I k [Jj ACRES fr:. ~., cr ACRES Cl) VACANT PARTIALLY WOODED ' ''.f' I II - ~ L _j j\ z Property Line 0 -l 0 -u ftl z FENC~ CORN R 15' N ORT~f--.::_S~88~ 5:'.:3~'5'.:_9'~'W~-----1~1~24::::.5::::,5_'~~~==~~=~~::-~ -- - CENTERLINE PUBLIC ROAD PER PLAT OF HOWE & CURRIERS ALLOTMENT. NO WIDTH GIVEN ON PLAT. LEGAL STATUS UNKNOWN - NOT OPEN - ---FENCE- - 0 CORNER 0.1' WEST LOT 11, BLOCK B HIGHWAY HEIGHTS MAP BOOK 9, PAGE 244 ~ ~ :::J! f-. 3 r-' --~ --.~ I..,_., <(!f) z:. " G o g....,... OQ 10 0::.---.._ cr 16.so s-~ EXCEPTION ACRES PORTION IN $TATE. ROAQ VACANT WOODED SECTION 26, TWP 17 SOUTH, RGE 32 EAST, HOWE & CURRIERS ALLOTMENT MAP BOOK 4, PAGE 44 LOT 12, BLOCK B HIGHWAY HEIGHTS MAP BOOK 9, PAGE 244 1") I") ~ I CERTIFIED CORNER REPORT #32898 TRACT 2, BLOCK 2,...; () ::-- Cl) Property 403.1' (P) S89'05'12"W TRACT 5, BLOCK ' SECTION 26, TWP 17 SOUTH, RGE 32 EAST, HOWE & CURRIERS ALLOTMENT MAP BOOK 4, PAGE 44 LOT 13, BLOCK B HIGHWAY HEIGHTS MAP BOOK 9, PAGE 244 I LOT 14, BLOCK B HIGHWAY HEIGHTS MAP BOOK 9, PAGE 244 DATE BY LAM REVISIONS DESCRIPTION DATE BY DESCRIPTION NAMES DATE DRAWN BY LAM 1212 CHECKED BY LAM S Ridgewood Ave Port Orange, FL PHONE: (386) FAX: (386) DESIGNED BY LAM MASCI CORPORATION CHECKED BY: LAM APPROVED BY LIONEL A. MASCI., P.E. LIONEL A. MASCI., P.E. LICENSE NO BARCELO DEVELOPMENT ROAD NO. COUNTY SHEET TITLE: FINANCIAL 'ROJECT ID r ~PROJECT TITLE: VOL USIA LOCATION ASPHALT PLANT SHEET NO. 1

18 LAB Fence Fence 6" 2" Page 18 of 32 MES Fence Fence Gate 18" RCP MES Fence ASPHALT AND GRAVEL PARKING AREA Fence PROPERTY C SILOS & DRIVEWAY SILOS (FUTURE) SILOS POND SILOS MES A A' MES Fence Gate Fence 18" RCP MES PROPERTY Asphalt S-III. Limerock. PROPERTY 5752 S Ridgewood Ave Port Orange, FL PHONE: (386) FAX: (386) MASCI CORPORATION LIONEL A. MASCI., P.E. LICENSE NO

19 Fence Gate Fence C LAB Fence Gate MES Page 19 of 32 MES 18" RCP Fence MES MES A Fence Fence MES 18" RCP POND Fence SILOS & DRIVEWAY SILOS (FUTURE) SILOS SILOS PROPERTY PARKING AREA ASPHALT AND GRAVEL Fence A'

20 Page 20 of 32 ~.t.~.? l.. ~ ,,'-"',, ' '-~ ~1" " '-,:t "'\....,t..,f ~ ~ \ \.,f.... ~ ~....? '# "' ~ ~ + t~ I!.. ; A'.. I. ~"""-'----= "' 'lllii!ln: ~' OVERALL SITE GRADING A FENCE 4H: 1 V DRY DETENTION 4H: 1 V =--2% ASPHALT ROAD.. ; :~ :.:1... ~.. :- ~. ;:~:.-.., ;..:n-~ :. -=--2% Scale 1" = 6' FENCE A' CROSS SECTION REVISIONS DATE BY DESCRIPTION DATE BY DESCRIPTION LAM NAMES DATE DRAWN BY: SLLG CHECKED BY: LAM DESIGNED BY: LAM CHECKED BY: LAM APPROVED BY: LIONEL A MASCI., PE 5752 S Ridgewood Ave Port Orange, FL PHONE: (386) FAX: (386) MASCI CORPORATION LIONEL A. MASCI., P.E. LICENSE NO BARCELO DEVELOPMENT SHEET TITLE: ROAD NO. COUNTY FINANCIAL PROJECT ID t t PROJECT TITLE: VOL USIA OVERALL SITE GRADING & CROSS SECTION ASPHALT PLANT SHEET NO. 3

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22 Page 22 of 32 APPENDIX A Section (9) Sec Special exceptions. The following uses or structures are permitted as special exceptions only when listed as permitted special exceptions in division 7 and meeting all requirements as set forth in division 11. (9) Permanent and temporary asphalt and cement batching plants shall be permitted, provided the following conditions are met: a. Each application shall be accompanied by a sketch plan at a scale of not less than one inch equals 100 feet, showing the location of the facilities with the proper legal description and such other information as may be necessary to explain the proposed site and facilities operation. b. The applicant shall submit a written report outlining the reasons for placing the batching facilities in the particular location and stating the duration of time for which the applicant intends to operate the said batching facilities. Permission to locate and operate temporary batching facilities shall be granted for a period not to exceed six months. An additional extension of time not to exceed six months may be granted upon expiration of the time period initially granted if exceptional circumstances warrant it. c. All batching facilities shall be located no closer than 150 feet to the nearest public road, and shall be located no closer than 100 feet to any perimeter property lines, and shall be located no closer than 300 feet to any existing residential dwelling. d. All permitted materials shall be maintained in a neat and orderly manner and shall be covered andor wet down regularly so as to prevent debris from leaving the area of the site. e. Routes of supply vehicles or material handling vehicles shall be arranged so as to minimize nuisances or hazards to existing residential neighborhoods or commercial businesses. f. The county council may limit the time of day during which the batching plant may be operated and may make such further conditions as would protect the public health, safety, morals and welfare. g. If the plant is temporary, the county council shall require a performance bond or surety bond conditional upon the removal of the facilities and restoration of the site to an acceptable condition at the time specified by the county council.

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25 Page 25 of 32 Inter-Office Memorandum TO: Scott Ashley, Planning Manager DATE: January 23, 2013 FROM: Danielle Dangleman, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: February 12, 2013 Parcel #: Case #: S ; Masselli Corp. Owner Environmental Permitting (EP) has reviewed the application and conducted a site visit of the property. The front western portion of this property is a pasture that was cleared sometime between 2005 and 2006, per county aerials. The remainder of the property has two different wetland systems. The bay swamp that is closest to the rear of the clearing (east side), has a 25 foot buffer from the wetland. The wetland that follows the RC zoning line is within the Natural Resource Management Area has a 50 foot buffer. Any development or other alteration within these wetlands or their associated buffers will require approval through EP in the form of a wetland alteration permit. State permitting will also be required for any wetland alteration in the wetland systems. EP has no objection to this special exception as long as the owner and applicant are informed of these requirements and they understand they will have to show compliance with all environmental sections of the Land Development Code at time of Final Site Plan.

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28 Page 28 of 32 REVIEW STAFF COMMENTS Harding - Barcelo Developments, Inc S Agriculture Extension Center Dave Griffis January 24, 2013 Comments: As requested I visited the site. Soils were found to be: #27 Hontoon mucky peat. This very poorly drained, nearly level organic soil occurs in freshwater marshes and swamps in the flatwoods. The water table is at or above the soil surface in wet seasons. The depth of muck is greater than 52 inches thick. This soil has a very low potential for community development. Limitations are flooding, excessive wetness, excessive humus and subsidence. #29 Immokalee sand. This nearly level, poorly drained soil occurs in broad flatwoods. The water table is within 10 inches of the surface in wet seasons. The potential is low for community development with excessive wetness the major limitation. #57 Satellite sand. This nearly level, somewhat poorly drained sandy soil occurs on low sand hills in the flatwoods. The water table is 10 to 40 inches below the surface in wet seasons. The potential is medium for community development. Wetness is a limitation. 1

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