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MAY 18 1993 BOOK ,89 Fmu,F5S4 _ 7 The hour of 11:55 o'clock having passed, the Board reconvened sitting as the Board of County Commissioners of Indian River County. Attorney Vitunac announced for the record that the County Commissioners of the Solid Waste Disposal District just voted to not authorize any incineration operations of any nature within the distances of the District unless it is to burn material generated by land clearing operations wherein the debris is burned on the properties from which it is generated. The situation now is that the special exception use cannot be approved without the special permit from SWDD. Commissioner Adams was ready to make a Motion that the Board deny staff's recommendation to grant special exception use approval and conceptual site plan approval. Attorney Vitunac advised that the Board has to make certain findings in denying a special exception use: 1) That the applicant has not met its burden of proof regarding the issues on the general criteria, and 2) That the applicant did not get a SWDD permit. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, that the Board deny Mr. Fey's request for special exception use approval and conceptual site plan approval for a burn facility for the reason that it did not meet criteria listed in paragraphs (7), (9)(a)(b) and (10) of Section 971.05 of the Land Development Regulations: (7) Rmuired Finding by the reviewing body. Be. fore any application regarding a special exception use shall be approved, the reviewing body shall make a finding that it is empowered under the provisions of this chapter to review the specific use applied for, and that the granting of the spe- cial exception will not adversely affect the public interest. The reviewing body shall also make find. ings certifying that both the general and spec criteria for the review of special exceptions have been satisfied and that adequate special condi- tions have been imposed to ensure compatibility between the special exception use and surrounding land uses with regard but not limited to: (a) Ingress and egress to property and proposed structures thereon with particular refer- ence to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (b) Off-street parking and loading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special excep. tion on adjoining properties and properties generally in the district; 43 (c) Utilities with reference to location, avail- ability and compatibility; (d) Screening and buffering with reference toy type, dimensions and character, r (e) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, eco- nomic effects, and compatibility and har. mony with properties in the district; M Required yards and other open space; (g) Any special requirements set forth in the zoning district regulations for the partic- ular use involved.