Backup Documents 09/13-14/2011 Item #17ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
Originating Dept/ Div: GMD /Zoning Person: Nancy Gundlach, Principal Planner
Date: August 10, 2011
Petition No. (If none, give brief description): PL20100000166
Petitioner: (Name & Address):
17A 'n
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) ",40—AW
Hearing before X BCC BZA Other
Requested Hearing date: Tuesday, September 13, 2011. Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: 131-138326-649100-
00000 qS"6bO5& ISq # -r -r--j
Reviewed by:
Division Administrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney
before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFF CE USE ONLY:
Date Received: Date of Public hearing: 3 Date Advertised:
August 10, 2011
17 A "N
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 13, 2011, at 9:00 a.m. in the Board of County Commissioners
meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County
Commissioners (BCC) will consider:
CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an
Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for
property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy
Gundlach, AICP, RLA, Principal Planner]
A copy of the proposed Conditional Use is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
17A '^
Teresa L. Polaski
From: GundlachNancy <NancyGundlach @colliergov.net>
Sent: Wednesday, August 10, 20114:03 PM
To: Minutes and Records
Cc: Lorenz, William; Bellows, Ray; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia;
Kendall, Marcia
Subject: Notice of Public Hearing for Yahl Mulching CU
Attachments: Notice of Public Hearing for BCC RT 8- 10- 11.rtf
Good afternoon,
Please process the attached "Notice of Public Hearing." In addition, please send me a copy for approval prior
to sending to the Naples Daily News for publication.
Thank you-
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239 -252 -2484
nancygundlach(a,collier og_v.net
Under Florida Law, e-mail addresses are public records. It you do not wan' your e -mail address released in response to a public records request. do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
17 A
To: GundlachNancy (NancyGundlach @colliergov.net)
Subject: Advertisement for CU- PL2010 -166
Hi Nancy,
Just wanted to check on a couple of things before I send this NDN.
This is not a display ad, but a regular legal ad (no map)? Also is there a petitioner or attorney that needs to be notified of
this
Publication and meeting date? If so, can you send me their names and address. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8448 fax
Teresa.Polaski@collierclerk.com
1
17 A 1--"
RESOLUTION NO. 1I-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
COLLECTION AND TRA SFER SITE FOR RESOURCE
RECOVERY WITHIN AN AGRICULTURAL (A) ZONING
DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.C.12 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.
2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer
Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection
2.03.0 I.A.1.C.12 of the Collier County Land Development Code on the property hereinafter described,
and the Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the Conditional Use
have been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Yahl Mulching & Recycling/CU- PL2010 -166 1 of 2
Rev. 7/22/11
17A
Petition Number CU- PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with
respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A)
Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code,
in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found
in Exhibit "C ". Exhibits "A", "B ", and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super - majority vote, this day of
, 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\ l 1- CPS - 01079 \27
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Yahl Mulching & Recycling/CU- PL2010 -166 2 of 2
Rev. 7/22/11
17A
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST;
THENCE, ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31, NORTH 89 058'41" EAST, A DISTANCE OF 343.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31, SOUTH
89 °59'49" EAST, A DISTANCE OF 1029.30 FEET; THENCE
SOUTH 02 004'30" EAST, A DISTANCE OF 658.93 FEET;
THENCE NORTH 89058'14" WEST, A DISTANCE OF 342.85
FEET; THENCE SOUTH 02 °05'32" EAST, A DISTANCE OF
558.99 FEET; THENCE NORTH 89 057'41." WEST, A DISTANCE
OF 1029.48 FEET; THENCE NORTH 02 °07'49" WEST, A
DISTANCE OF 558.60 FEET; THENCE SOUTH 89 °58'27" EAST,
A DISTANCE OF 343.20 FEET; THENCE NORTH 02 °03'36"
WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,252,915 SQUARE FEET OR 28.763 ACRES,
MORE OR LESS.
EXHIBIT A
17 A .r
'k �y,� �i�� i t�.RY�
If # Agkg
r i .9i11 ;: y:s_ tti'P s °r WHO
. _ ... .. ._...... v .x
J J
I l i ;t • f. v r_ uiaa
il�ti xi '.25
Y i % :� tea, • q � ° �o
? ° u ? z Q,4Y
LU
jiI y W
5,07
a (V
�t� � 4 1 � � '$� � f N�i i E L «£i � � � i 7 "�r � S r �� • •�fA� ° �i
I
�9 L a
`5t t
L
`r �!� 1 �� � � � 14 } I f, �s 3r � ' ,r0. y ; r ��«yy►�
t1 1 I
,{i} t i�(�''�
= i
f 2 II i
!
I : t � -r f � ��1 � �� � ?, � i •� to �, � � ' � . � . X
i
n
_ d 3 `t` _
I J1.
arvne
111
Lj
F' J •�.ctF w ,. ,z' > ° !
•N�; I j i L`+ r �?.? >: + � F- i 1 4 l3 I `? L- C� (
a
i
[
ja it" -fit; iD off sgv i, i I C
- �
[ _
[i 6�
�. ISWAL
{
3 !
-r
L
137 #tS•3BS a
9 i7--chAS 33S,
A-
RXI'll �5
jA� AID Pi j"
tv
f-4MfN,; ca-s -A i-
17 A
-ft
—4 0 a is
uj
4j
4p
........... Y
V �r LL i
L-1
Z, looll 1�11
D W"s W°a
Er
0
N
0.
JC
x
W
1 0.4
17 A "1
CONDITIONS OF APPROVAL
FOR
CU- PL2010 -166
1. This project shall reserve 130 feet along the southern property boundary for future road right -
of -way. This future right of way reservation coincides with the current boundary
recommended by the County's "Wilson/Benfield Corridor" study.
2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The
only waste products permitted to be stored on site shall be C &D (Construction and
Demolition) materials waiting to be ground or otherwise transported off site. There shall be
no permanent storage of solid waste on site.
3. The concrete grinder shall not be operated within 1.50 feet of any property line.
4. The maximum height of piles for C& D material waste waiting to be recycled and/or
transported shall be ten (10) feet.
During maintenance or cleaning, the concrete grinder shall only be operated with a cover in
place.
6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers
stored on site.
7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00
a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays
for Collier County employees as well as Columbus Day,
8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not
permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard
work, etc.
9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be
limited as follows:
(a) Dispensing of diesel fuel and oils.
(b) Servicing of spark plugs, batteries, distributors and distributor parts.
(c) Removing, remounting, balancing repair and installation of tires. Recapping/regrooving
of tires and wheel alignments are not permitted.
(d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades,
grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and
similar items.
(e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge.
(f) Washing, buffing and steam cleaning.
(g) Servicing of fuel pumps and fuel lines.
(h) Minor servicing of carburetors and fuel injection systems.
Page 1 of 2
Rev. 7 -22 -11
EXHIBIT C
17A 0
(i) Electrical wiring repairs.
0) Providing repair and replacement of brake rotors, drums and pads.
(k) Minor motor adjustments not involving removal of the head or crankcase.
(1) Lubrication, engine oil changes, transmission oil changes, and oil /air filter changes.
(m) Minor welding and minor repainting but not frame straightening or major repainting.
(n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall
not be permitted.
10. The concrete grinder shall be equipped with a dust suppression system which shall be
operating at all times the grinder is operating for the purposes of grinding C &D material.
11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D
recycling operation and not used in the daily operation of the business.
12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris.
13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively
control windborne dust. Additionally, water shall be applied to the crushed by- product
material at all times that the crusher is in operation.
Page 2 of 2
Rev. 7 -22 -11
EXHIBIT C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
Originating Dept/ Div: GMD /Lonina Person: Nancy Gundlach, Principal Planner
Date: August 10, 2011
Petition No. (If none, give brief description): PL20100000166
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date: Tuesday, September 13, 2011. Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
17A ""
Does Petition Fee include advertising cost'? X Yes. No. If Yes, what account should be charged for advertising costs: 131- 138326- 649100-
00000 g57a— 9 (O t 001 � O (:9
Rcva In .
Division ,Jjrninistrator or Designee
List Attachments:
I 0- Cll
Date
DISTRIBUTION INSTRUC'T'IONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney
before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFF CE USE ONLY: Q
Date Received: V �L (� Date of Public hearing: ` 3
August 10, 2011
Date Advertised:
17 A
Teresa L. Polaski
From:
GundlachNancy <NancyGundlach @colliergov.net>
Sent:
Thursday, August 11, 20114:58 PM
To:
Teresa L. Polaski
Subject:
RE: Advertisement for CU- PL2010 -166
HI Teresa,
There is no map for the BCC ads.
For notification, please notify County Attorney Steve Williams.
The petitioner is Gina Green, 3310 1St Avenue NW, Naples, FL 34120, ggreen @aol.com, 239 - 348 -0500.
Thanks for your help with this-
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth 1VLanagement Division
Department of band Development Services
2800 North Horseshoe Drive
Naples, FL 34.104
telephone: 239 -252 -2484
naneygundlachna,collierg_ov.net
From: Teresa L. Polaski jmailto: Teresa .Polaski(- acollierclerk.com1
Sent: Thursday, August 11, 20118:53 AM
To: GundlachNancy
Subject: Advertisement for CU- PL2010 -166
Hi Nancy,
Just wanted to check on a couple of things before I send this NDN.
This is not a display ad, but a regular legal ad (no map)? Also is there a petitioner or attorney that needs to be notified of
this
Publication and meeting date? If so, can you send me their names and address. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239- 252 -8411
239 -252 -8408 fax
Teresa.Polaski@collierclerk.com
i
17 A ' `+
Teresa L. Polaski
From: GundlachNancy <NancyGundlach @colliergov.net>
Sent: Friday, August 12, 20119:55 AM
To: Minutes and Records
Cc: Teresa L. Polaski; Lorenz, William; Bellows, Ray, Patricia L. Morgan; Rodriguez, Wanda;
Neet, Virginia; Kendall, Marcia
Subject: Revised Notice of Public Hearing for Yahl Mulching
Attachments: Notice of Public Hearing for Yahl Mulching rev. 8- 12- 11A.pdf
Good morning,
Attached please find a copy of the revised Request for Advertising of the BCC hearing for Yahl Mulching.
Please note, the "Request for Public Hearing" has been signed by Zoning manager Ray Bellows and a
Resolution that has been initialed by County Attorney Steve Williams is attached.
If you have any questions or comments, please feel free to contact me.
Thanks,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239 - 252 -2484
nancygundlach@collier ov.net
Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send
electronic mail to this entity. instead, contact this office by telephone or in writing.
NOTICE OF PUBLIC HEARING 17 A ' $0 0
Notice is hereby given that on Tuesday, September 13, 2011, at 9:00 a.m. in the Board of County Commissioners
meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County
Commissioners (BCC) will consider:
CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an
Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for
property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy
Gundlach, AICP, RLA, Principal Planner]
A copy of the proposed Conditional Use is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
17A ""
RESOLUTION NO, I I-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
COLLECTION AND TRANSFER SITE FOR RESOURCE
RECOVERY WITHIN AN AGRICULTURAL (A) ZONING
DISTRICT PURSUANT TO SUBSECTION 2.03.0l.A.1.C.12 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.
2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer
Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection
2.03.0l.A.1.C.12 of the Collier County Land Development Code on the property hereinafter described,
and the Collier County Planning Commission has made Findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the Conditional Use
have been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Yahl Mulching & Recycling /CU- PL2010 -166 I of 2
Rev. 6/20/11
17A "^
Petition Number CU- PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with
respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A)
Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code,
in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found
in Exhibit "C ". Exhibits "A ", `B ", and "C" are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super- majority vote, this day of
2011.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Cleric FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams " fL)
Assistant County Attorne Gl21 1 11
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
CP \i I -CPS-0 1 079\ 19
Yahl Mulching & Recycling/CU- PL2010 -166 2 of 2
Rev. 6/20/11
17A
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST;
THENCE, ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31, NORTH 89 058'41" EAST, A DISTANCE OF 343.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31, SOUTH
89 059'49" EAST, A DISTANCE OF 1029.30 FEET; THENCE
SOUTH 02 004'30" EAST, A DISTANCE OF 658.93 FEET;
THENCE NORTH 89058'14" WEST, A DISTANCE OF 342.85
FEET; THENCE SOUTH 02 °05'32" EAST, A DISTANCE OF
558.99 FEET; THENCE NORTH 89 °57'41" WEST, A DISTANCE
OF 1029.48 FEET; THENCE NORTH 02 °07'49" WEST, A
DISTANCE OF 558.60 FEET; THENCE SOUTH 89 °58'27" EAST,
A DISTANCE OF 343.20 FEET; THENCE NORTH 02 °03'36"
WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,252,915 SQUARE FEET OR 28.763 ACRES,
MORE OR LESS.
EXHHIBIT A
i
L
C
f7
4
a }
?s'
' Gj
Z
a
w `z
� N
3
L
�
G
�
H
J
� e
It
a
is
e r.;
FY
t+j Cylyc ;t
r�• -Tt
-
�i r!lgqpj
�
17A
5x3 �s k
E� 4S &y4 k'# E yCy
€
.. j
fk
a w
5 of t �`; • , ♦ '•' •f w
Q
N
y�y w 4
•$ f L:i d
y alT r— w
Z
.9 {v
ARtA a i AREA 2y IL
W
f z
'j
c
_LICiLT
art. as >
It
av
w�
z Via
1� J
xn
tC i+a
� OC iz fn
€' 90
I
I ,
� • f
jl-
It
a
3
FY
f z
'j
c
_LICiLT
art. as >
It
av
w�
z Via
1� J
xn
tC i+a
� OC iz fn
€' 90
I
I ,
� • f
9 Baps 33s,
Ile
c
17 A-
t CL
(A
z
0
E
in
z
Z 0
U
CL
Goy
.4
4c
>
O
C*4
46
cq
cc
0-
I; "I
x
W
1,
AREA
sry
LJ
c
17 A-
t CL
(A
z
0
E
in
z
Z 0
U
CL
Goy
.4
4c
>
O
C*4
46
cq
cc
0-
I; "I
x
W
sry
c
17 A-
t CL
(A
z
0
E
in
z
Z 0
U
CL
Goy
.4
4c
>
O
C*4
46
cq
cc
0-
I; "I
x
W
L)
LU
0 N Cl I F)9
k2-
c
17 A-
t CL
(A
z
0
E
in
z
Z 0
U
CL
Goy
.4
4c
>
O
C*4
46
cq
cc
0-
I; "I
x
W
17A'"'1
CONDITIONS FOR APPROVAL
FOR
CU- PL2010 -166
1. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The
only waste products permitted to be stored on site shall be horticultural waste waiting to be
ground into mulch or otherwise used off site. There shall be no permanent storage of solid
waste on site.
2. The tub grinder shall not be operated within 150 feet of any property line.
3. The maximum height of piles for mulch and horticultural waste waiting to be removed shall
be ten (10) feet.
4. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in
place.
There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers
stored on site.
6. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for
Collier County employees as well as Columbus Day.
7. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not
permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard
work, etc.
8. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be
limited as follows:
(a) Dispensing of diesel fuel and oils.
(b) Servicing of spark plugs, batteries, distributors and distributor parts.
(c) Removing, remounting, balancing repair and installation of tires. Reeapping/regrooving
of tires and wheel alignments are not permitted.
(d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades,
grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and
similar items.
(e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge.
(f) Washing, buffing and steam cleaning.
(g) Servicing of fuel pumps and fuel lines.
(h) Minor servicing of carburetors and fuel injection systems.
(i) Electrical wiring repairs.
0) Providing repair and replacement of brake rotors, drums and pads.
(k) Minor motor adjustments not involving removal of the head or crankcase.
EXHIBIT C Page 1 of 2
17 A '••
(1) Lubrication, engine oil changes, transmission oil changes, and oil /air filter changes.
(m) Minor welding and minor repainting but not frame straightening or major repainting.
(n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall
not be permitted.
9. The tub grinder shall be equipped with a dust suppression system which shall be operating at
all times the tub grinder is operating for the purposes of grinding horticultural wastes.
10. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a
daily basis by the site sprinkler system in order to reduce dust.
11. There shall be no other machinery or equipment stored on site which is unrelated to the
horticultural mulching operation and not used in the daily operation of the business.
12. The tub grinder will be equipped and operated with deflectors to minimize flying debris.
13. The required double row hedge along the Washburn Avenue right -of -way shall be maintained
at a minimum 6 feet height.
EXHIBIT C Page 2 of 2
17A - Irl
Teresa L. Polaski
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Friday, August 12, 201110:31 AM
To: Williams, Steven
Cc: Gundlach, Nancy; Teresa L. Polaski
Subject: FW: Revised Notice of Public Hearing for Yahl Mulching
Attachments: Notice of Public Hearing for Yahl Mulching rev. 8- 12- 11A.pdf; Notice of Public Hearing
for Yahl Mulching rev. 8- 12- 11A.pdf
Steve:
Nancy revised the ad request as we discussed. we will need your permission to advertise 20 days in advance which would be
Tuesday, 8/23. Nancy had asked that it be advertised the prior Friday 8/19.
1 will also ask the Clerk's office to note in the ad that the BCC is acting in its capacity as the BZA (spelled out of course)
Please reply to all. Thanks) l l
Dinny
From: GundlachNancy
Sent: Friday, August 12, 20119:55 AM
To: Minutes and Records
Cc: Teresa L. Polaski; LorenzWilliam; BellowsRay; Trish L. Morgan; RodriguezWanda; NeetVirginia; KendallMarcia
Subject: Revised Notice of Public Hearing for Yahl Mulching
Good morning,
Attached please find a copy of the revised Request for Advertising of the BCC hearing for Yahl Mulching.
Please note, the "Request for Public Hearing" has been signed by Zoning manager Ray Bellows and a
Resolution that has been initialed by County Attorney Steve Williams is attached.
If you have any questions or comments, please feel free to contact me.
Thanks,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239 -252 -2484
nancygundlach a,colliergov.net
17A $,q
Teresa L. Polaski
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Friday, August 12, 201110:34 AM
To: Teresa L. Polaski
Subject: RE: Revised Notice of Public Hearing for Yahl Mulching
Steve will respond soon regarding the ad date. Thank you for catching that!
Dinny
From: Teresa L. Polaski rmailto: Teresa .Polaski@)collierclerk.com1
Sent: Friday, August 12, 2011 10:24 AM
To: NeetVirginia
Subject: FW: Revised Notice of Public Hearing for Yahl Mulching
Can I process this yet? Nancy called and said she spoke with about the ad and keeping the date the same.
If it is still to run on Friday 8/19, it needs to be at NDN by Monday morning. Thanks
From: GundlachNancy [ mailto: NancyGundlachCabcolliergov.net]
Sent: Friday, August 12, 20119:55 AM
To: Minutes and Records
Cc: Teresa L. Polaski; Lorenz, William; Bellows, Ray; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia; Kendall,
Marcia
Subject: Revised Notice of Public Hearing for Yahl Mulching
Good morning,
Attached please find a copy of the revised Request for Advertising of the BCC hearing for Yahl Mulching.
Please note, the "Request for Public Hearing" has been signed by Zoning manager Ray Bellows and a
Resolution that has been initialed by County Attorney Steve Williams is attached.
If you have any questions or comments, please feel free to contact me.
Thanks,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239 -252 -2484
nancygundlachgcolliergov.net
1
17 A 't-0
Teresa L. Polaski
From: WilliamsSteven <StevenWilliams @colliergov.net>
Sent: Friday, August 12, 201110:36 AM
To: Neet, Virginia
Cc: Gundlach, Nancy; Teresa L. Polaski
Subject: RE: Revised Notice of Public Hearing for Yahl Mulching
Z=
criaAlm
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams@collier og v net
From: NeetVirginia
Sent: Friday, August 12, 2011 10:31 AM
To: WilliamsSteven
Cc: GundlachNancy; Teresa L. Polaski
Subject: FW: Revised Notice of Public Hearing for Yahl Mulching
Steve
Nancy revised the ad request as we discussed. We will need your permission to advertise 20 days in advance which
would be Tuesday, 8/23. Nancy had asked that it be advertised the prior Friday 8/19.
I will also ask the Clerk's office to note in the ad that the BCC is acting in its capacity as the BZA (spelled out of course)
Please reply to all. Thanks!!!
Dinny
<< File: Notice of Public Hearing for Yahl Mulching rev. 8- 12- 11A.pdf >>
From: GundlachNancy
Sent: Friday, August 12, 20119:55 AM
To: Minutes and Records
17 A
Acct #068779
August 12, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU- PL2010 -166, Yahl Mulching & Recycling, Inc.
Dear Legals:
Please advertise the above referenced notice on Friday, August 19, 2011 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
NOTICE OF PUBLIC HEARING 17 A k 11%
Notice is hereby given that on Tuesday, September 13, 2011, at 9:00 a.m. in the Board of County Commissioners
meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County
Commissioners (BCC), acting as the Board of Zoning Appeals (BZA), will consider:
CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an
Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for
property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy
Gundlach, AICP, RLA, Principal Planner]
A copy of the proposed Conditional Use is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski
Deputy Clerk (SEAL)
!- __ 7 . A
nt Hof 111er
CLERK OF THE t RC IT COURT
Dwight E. Br COLLIER COUNTYtOUR OUSE
g is 3301 TAMIAMI IL EAST
Clerk of Courts
Clerk of Courts P.O. BOX 413 4 Accountant
NAPLES, FLORIDA 4101 -3 44 Auditor
Custodian of County Funds
August 12, 2011
Ms. Gina Green
3310 1" Avenue NW
Naples, FL. 34120
Re: Petition: CU- PL2010 -166, Yahl Mulching & Recycling, Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, September 13, 2011, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Friday, August 19, 2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
pt� It z -� -C
eresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk@collierclerk.com
17A --`#
Teresa L. Polaski
To: Legals NDN (legals @naplesnews.com)
Subject: CUOPL2010 -166, Yahl Mulching & Recycling
Attachments: CU- PL2010 -166 (Yahl Mulching).doc; CU- PL2010 -166 (Yahl Mulching).doc
Legals,
Please advertise the attached legal ad on Friday, August 19, 2011. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 -252 -8411
239 - 252 -8408 fax
Teresa.Polaski@colliercierk.com
1
17A
Teresa L. Polaski
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Friday, August 12, 20113:08 PM
To: Teresa L. Polaski
Cc: Ashton, Heidi; Williams, Steven
Subject: Land use ads for 9 -13 -11 BCC Meeting
Teresa:
I spoke with the attorneys involved with these legal ads and confirmed that Wednesday, 8/24 is fine. Also, Heidi agreed
that all of the (20 day) ads should run on the same day (8/24). Should something go wrong, we still have time to get it
corrected.
Sorry, for any confusion. We will wait for the proofs.
Thanks again for your help.
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
Under Florida Law, e -mail addresses are public records, if you do not want your e -mail address released in response to a public records request, do not send
electronic nail to this entity. Instead, contact this office by telephone or in writing,
1
Teresa L. Polaski
From:
Sent:
To:
Subject:
Attachments:
REVISED... /
Thank you for placing your ad.
Ad Number 1911990
Total Ad Cost $249.06
Em
213 -6061
Pagan, Emely <EPagan @Naplesnews.com>
Friday, August 12, 201111:51 AM
Teresa L. Polaski
Ad Confirmation
UASF68jpg
17 A "
Teresa L. Polaski
From: Pagan, Emely <EPagan @Naplesnews.com>
Sent: Friday, August 12, 201111:12 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UASF24 jpg
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1911990
Total Ad Cost $249.06
Emely Pagan
239 - 213 -6061
17A --"
° .. °
• * - __ gyro ar
- M&IT x. s
17A '"
-U -PI-20 M66: Yahl Mulch ng ,� Rec cling, Inc. - A Resolution of the Board cap Zon-�:
ing peals of Collier Counu% Florida providing for the establishment' of a Condi-
tional Use to allow: a collectl'on and transfer site for resource recovery within an
Agricultural (A) zoning district pursuant to Subsection 2.0- 3.Q1,A.1.C.12 of the Col -
lier County Land Devgtoprnent Code for property located in Section 31, Township
49 South, Ran a 27 East, Collier County, Florida., Coordinator: Nancy Gundlach.
AICP", RLA, Principal Planned
+�- a • s * s a o�
rder to ar-
proviston flf
tent Cie art -:
-5356, 39)
aces for the
1 ..
•
Teresa L. Polaski
From:
Teresa L. Polaski
Sent:
Friday, August 12, 201111:31 AM
To:
Neet, Virginia
Subject:
RE: Ad Confirmation
Ok, I will get it changed. I missed that. Thanks
- - - -- Original Message---- -
From: NeetVirginia ( mailto :VirginiaNeet @colliereov.netl
Sent: Friday, August 12, 201111:28 AM
To: Teresa L. Polaski
Cc: Williams, Steven; Gundlach, Nancy
Subject: RE: Ad Confirmation
Teresa
The ad looks good but Steve gave us the OK to advertise 20 days in advance which is 8/23 (not 8/19).
Dinny
- - - -- Original Message---- -
From: Teresa L. Polaski [mailto: Teresa .Polaski @coilierclerk.coml
Sent: Friday, August 12, 201111:24 AM
To: NeetVirginia
Subject: FW: Ad Confirmation
<<UASF24.jpg>> Please review so I can give the ok to NDN. Thanks
- - - -- Original Message---- -
From: Pagan, Emely (mailto:EPaean @Naplesnews.coml
Sent: Friday, August 12, 201111:12 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1911990
Total Ad Cost $249.06
Emely Pagan
239 - 213 -6061
1
17A
17Ai.
Teresa L. Polaski
From: Naples Daily News <naplesnews @clicknbuy.com>
Sent: Tuesday, August 23, 201111:08 PM
To: Teresa L. Polaski
Subject: Thank you for placing your classified advertisement.
Ad # 1911990
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, September 13, 2011, at 9:00 a.m. in
the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami
Trail, Naples FL., the Board of County Commissioners (BCC), acting as the Board of Zoning Appeals (BZA),
will consider: CU- PL2010 -166: Yahl Mulching & Recycling, Inc. A Resolution of the Board of Zoning Appeals
of Collier County, Florida providing for the establishment of a Conditional Use to allow a collection and
transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection
2.03.0l.A.l.C.12 of the Collier County Land Development Code for property located in Section 31, Township
49 South, Range 27 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal
Planner] A copy of the proposed Conditional Use is on file with the Clerk to the Board and is available for
inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any
agenda item must register with the County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf
of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic
materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record. Any person who decides to
appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite
101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY
COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE,
CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski Deputy Clerk (SEAL) August 24, 2011
No1911990
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
NAPLES DAILY (YEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida: that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on August 24, 2011
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida. and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida: distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said - newspaper.
( Signature of affiant)
Sworn to and subscribed before me
This 26th day of August, 2011
&Wt I )
(Signature of notary pu lic)
J =O'
"HY F ,''- KAROL E KANGAS
* ►� Notary Public - State of Florida
's,�p •e. My Comm. Expires Jul 29, 2013
...... Commission a# DD 912237
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that, on Tuesday, September 13 2011, at 9:00 a.m. in the
Board of County Commissioners meeting room third floor, Collier Government
Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners
(BCC], acting as the Board of Zoning Appeals (BZA), will consider.
CU- PL2010 -166: Yahl Mulching &" Recycling, Inc. - A Resolution of the' Board of Zon-
ing Appeals of Collier County, Florida providingg ,,for the establishment of a Condi-
tional Use to allow a collection and transfer site for resource recovery within an
Agricultural (A) zoning district pursuant to Subsection. 2.03.01A.1.C.12 of the Col-
Her County Land Development Code for property located in Section 31, Township
49 South, Range 27 East, Collier County, Florida.. [Coordinator. Nancy Gundlad�,
AICP, RLA, Principal Planner]
A of the proposed Conditional Use is on file with the Clerk to the Board and is
avail le for inspection. All interested parties are Invited to attend and be heard.
NOTE: AN persons wishing to speak on an
y agenda item must register with the
County manager prior .to presentation of the a Item to be addressed.
Individual speakers wIN be limited to 3 minutes oh �m. The selection of any
individual 1w meat on behalf of an organization ar group is encouraged If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said :material a minimum of 3 weeks prior to the r ye
public hearing. In any case, written materials intended to be consi p by the
Board shall be s"Itted to the appropriate County staff a minimum of seven days
prior to the, public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto.and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the.testimony and
eviidoeunce upon which the appeal is based.
ticsam e re�ma disabllity who needs any accommodation in order to par -
pate in th s p g, you and entitled, at no cost to you, to the provision of
certain assistance. Phrase contact the Collier County Facilit Mar gemsnt peparb
mein, located at 3335 Tamlami.Trail East, Suite 101, Naples, FIL 34112 -5356, (239)
252 - 8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COWER COUNTY, FLORIDA .
FRED W. COYM CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski
Deputy Clark (SEAL)
A�b�st za. �t t Netottoon
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the
exception of the Chairman's signatum, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson am #5).
Route to Addressee(s)
Office
Initials
Date
1. Judy Puig
GMD -P & R/Operations &
Regulatory Mgmt. Dept.
$
Applicable)
Agenda Date Item was
2.
Agenda Item Number
17.A.
Approved by the BCC
3.
Type of Document
4.
Number �Original
1
Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
9� S
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who cteated/prepared the executive
summary. Primary contact information is heeded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Nancy Gundlach
Phone Number
239 - 252 -2484
Contact
'
(Initial)
Applicable)
Agenda Date Item was
September 13, 2011
Agenda Item Number
17.A.
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution a O1 /
Number �Original
1
Attached
l
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
1
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten stn7ce- through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
T�
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
,
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on September 13.2011 and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17 A "i
MEMORANDUM
Date: September 22, 2011
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2011 -149: Yahl Mulching & Recycling, Inc.
Attached for your records is a copy of the document referenced above, (Item #17A)
adopted by the Board of County Commissioners on Tuesday September 13, 2011.
I have also included an original Affidavit of Publication from Naples Daily
News to confirm an official public hearing notice was published.
The Minutes and Record's Department will hold the original resolution for the
Board's Official Record.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17A
RESOLUTION NO. 11- 14 a
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
COLLECTION AND TRANSFER SITE FOR RESOURCE
RECOVERY WITHIN AN AGRICULTURAL (A) ZONING
DISTRICT PURSUANT TO SUBSECTION 2.03.0l.A.1.C.12 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.
2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer
Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection
2.03.0l.A.1.C.12 of the Collier County Land Development Code on the property hereinafter described,
and the Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the Conditional Use
have been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Yahl Mulching & Recycling/CU- PL2010 -166 1 of 2
Rev. 7/22/11
17A
Petition Number CU- PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with
respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A)
Zoning District pursuant to Subsection 2.03.0l.A.l.C.12 of the Collier County Land Development Code,
in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found
in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference.
W67. .I
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super- majority vote, this JZ Iday of
ATTEST:
DWIGHT E 0& ��I ERK
s
By: I A t
ma
w
Approved as to foci ' I .�"Ja
and legal sufficiency:
L� A I A— NO
$� Steven . Wi iams S 2 �l
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\ 11- CPS - 01079\27
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Yahl Mulching & Recycling/CU- PL2010 -166 2 of 2
Rev. 7/22/11
Item # _IX
Agenda _3� 1
Date
17A
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST;
THENCE, ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31, NORTH 89 °58'41" EAST, A DISTANCE OF 343.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31, SOUTH
89 059'49" EAST, A DISTANCE OF 1029.30 FEET; THENCE
SOUTH 02 004'30" EAST, A DISTANCE OF 658.93 FEET;
THENCE NORTH 89058'14" WEST, A DISTANCE OF 342.85
FEET; THENCE SOUTH 02 005'32" EAST, A DISTANCE OF
558.99 FEET; THENCE NORTH 89 °57'41" WEST, A DISTANCE
OF 1029.48 FEET; THENCE NORTH 02 °07'49" WEST, A
DISTANCE OF 558.60 FEET; THENCE SOUTH 89 °58'27" EAST,
A DISTANCE OF 343.20 FEET; THENCE NORTH 02 003'36"
WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,252,915 SQUARE FEET OR 28.763 ACRES,
MORE OR LESS.
EXHIBIT A
1
R�
Z
m
Q
3
R
0
At P11/1
00 000
OO OOO a
00 000
oo�oo
aY
ol pl,
p 7,.0,
1 °
z. s °f
m lo
En 0 • f Q 1 zz o
Z 2° w , w w
y.
P.
L • • • a1 • Q f AREA A• AREA B•
LLJ
0
L L
D Id. IZ
I
I-- • �" 4° i a
U • 4.
(if L
®L - --
Q
¢
w <LLJ
Z Z Q
}
U
W
CL
5
W .
H U
mU�Uwz�o, �o
s
m
ma R
ILI
Q
ka,
� ®8
e
%A
F-
0:: _
s
!
L
�
e Wg
_
0 3
w a,.
g
i am�
J � -
g®
]!� �
g �
m �
w i=
ws
®aa
o
N � €gym 8
z•i;P� ,
��Y §Hei
��E
W
2
S 33
..
'"
At P11/1
00 000
OO OOO a
00 000
oo�oo
aY
ol pl,
p 7,.0,
1 °
z. s °f
m lo
En 0 • f Q 1 zz o
Z 2° w , w w
y.
P.
L • • • a1 • Q f AREA A• AREA B•
LLJ
0
L L
D Id. IZ
I
I-- • �" 4° i a
U • 4.
(if L
®L - --
Q
¢
w <LLJ
Z Z Q
}
U
W
CL
W .
H U
mU�Uwz�o, �o
J
Of
m
�
Q
U_
Q
cl,
F-
0:: _
s
!
L
�
e Wg
_
0 3
w a,.
g
i am�
J � -
]!� �
g �
m �
P3 g�f
9d 9®f�t
lip
N � €gym 8
z•i;P� ,
��Y §Hei
��E
W
At P11/1
00 000
OO OOO a
00 000
oo�oo
aY
ol pl,
p 7,.0,
1 °
z. s °f
m lo
En 0 • f Q 1 zz o
Z 2° w , w w
y.
P.
L • • • a1 • Q f AREA A• AREA B•
LLJ
0
L L
D Id. IZ
I
I-- • �" 4° i a
U • 4.
(if L
®L - --
ovoa a3nvd wa �r+usix3
3rwanv r•ane,+svrn
N3AV Nan9HSVM
C.. N
�W
¢V
a
z U
5�
IL �
w s:
N i
J
2
0
z
O t
U � _
FA
Iq O
N
1 � N
o` t•, q
O N
n
W°
W ui
w J LL
w LL
w
_ Z. R
00
�ui�
, Qa�
y Z
20=
t7"
a
ce
--z
0
U
L O
o>
HLL
U Q
w
o -;
®UCH
L
c
ONl4ll
w�
V z�
i J aam
zzo
a � „
u o�
v3:U0 =�LLB
w�
LL u°,Q
N Z
I 1
I •
N
O
r
lQ
a
m
F-
m
2
W
w <LLJ
Z Z Q
wo�Jmw
H U
mU�Uwz�o, �o
?i-0�QO
6
R N = U a
moo
s
!
a
xUF-Z ro
o
lip
ovoa a3nvd wa �r+usix3
3rwanv r•ane,+svrn
N3AV Nan9HSVM
C.. N
�W
¢V
a
z U
5�
IL �
w s:
N i
J
2
0
z
O t
U � _
FA
Iq O
N
1 � N
o` t•, q
O N
n
W°
W ui
w J LL
w LL
w
_ Z. R
00
�ui�
, Qa�
y Z
20=
t7"
a
ce
--z
0
U
L O
o>
HLL
U Q
w
o -;
®UCH
L
c
ONl4ll
w�
V z�
i J aam
zzo
a � „
u o�
v3:U0 =�LLB
w�
LL u°,Q
N Z
I 1
I •
N
O
r
lQ
a
m
F-
m
2
W
9 130H 33S.
Ilk
:f ♦
a °f f ♦ ,
1 ,
♦ P 1
z
• N • AREA A• AREA
Q
p
H
Q 1
o
0 ' Ip z
�d
h
LJ • y °
w
W
W
Lu
2
to
Cn
a
➢ bog @ d � � � t$€ � $YS a bg € � Y$ �
a 2 k s4� €s�$Eyks$ §iIN�g��¢���2¢;
�Y�'e$g�$��
y9 § g 8 Y y
€ipap � yy� g4a��
$nk1YL S'.�2����E eE �Y:II$��i�Ye�Z =_��Y
BI ♦ 1 , f ♦ . f 1
Ld
� ♦ f 2�1
\ f g f Yq
J
ell
so 01,
os OONFIMNG
��vv CONTROL EL. 10 5
`V Z \\ MAINTEN= NC= & =CC —SS —PST f
rn
:j �--- r
Z
Q
,
0 U V3NV ONf1OA03N u U ' ♦ , >
Ld
ae
H,z J♦ f 1
V 0
Z H / ' QQ
OO V3NV 03AVdw 'dONd
LLJ
� ® / f ♦ , y 1
0 �®
1 I H f
S-u 8001d 'Nu f I ♦ � f
ON1011f1e 30VN01s 'dONd
%VW ,SV 1H013N '0018 3S 000'OZ / ♦ f 1 1 C ,
1 Q
�f / f f f ♦
$ V3NV 03AVdNn 'OOW
/ ♦ , f . 1 f
f . f I , ♦
\� /♦ 1 f f , � 1 ♦ , Y=
W
�Wez6 °o. ♦ f 0
Q= . 4
's
6'� t.ry
a
2
n 2J
o'er'
Nj
I °
QU
E
MA,
N t N
y
Z
U
x
�U a
'sg
C4 U)
lk �
� V J
zQ..
0
�a
0 0 ,
�b V U .. ..
eBe
C1
W^
Uzi
4
J <�
z
W Q wwc4
0 mO�
2 LL
Q W N
zNz
N
0
N,
W
Ri
a
W
r
2
X
W
o
e N_
I
-
J
Q
O IOy
A
�
0
WJtC
J
In
�I
QO
W �
Ida=
O
`o=
�o.
w
eBe
C1
W^
Uzi
4
J <�
z
W Q wwc4
0 mO�
2 LL
Q W N
zNz
N
0
N,
W
Ri
a
W
r
2
X
W
17A
CONDITIONS OF APPROVAL
FOR
CU- PL2010 -166
1. This project shall reserve 130 feet along the southern property boundary for future road right -
of -way. This future right of way reservation coincides with the current boundary
recommended by the County's "Wilson/Benfield Corridor" study.
2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The
only waste products permitted to be stored on site shall be C &D (Construction and
Demolition) materials waiting to be ground or otherwise transported off site. There shall be
no permanent storage of solid waste on site.
3. The concrete grinder shall not be operated within 150 feet of any property line.
4. The maximum height of piles for C& D material waste waiting to be recycled and/or
transported shall be ten (10) feet.
5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in
place.
6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers
stored on site.
7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00
a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays
for Collier County employees as well as Columbus Day.
8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not
permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard
work, etc.
9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be
limited as follows:
(a) Dispensing of diesel fuel and oils.
(b) Servicing of spark plugs, batteries, distributors and distributor parts.
(c) Removing, remounting, balancing repair and installation of tires. Recapping/regrooving
of tires and wheel alignments are not permitted.
(d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades,
grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and
similar items.
(e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge.
(f) Washing, buffing and steam cleaning.
(g) Servicing of fuel pumps and fuel lines.
(h) Minor servicing of carburetors and fuel injection systems.
Page 1 of 2
Rev. 7 -22 -11
EXHIBIT C
17A
(i) Electrical wiring repairs.
0) Providing repair and replacement of brake rotors, drums and pads.
(k) Minor motor adjustments not involving removal of the head or crankcase.
(1) Lubrication, engine oil changes, transmission oil changes, and oil /air filter changes.
(m) Minor welding and minor repainting but not frame straightening or major repainting.
(n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall
not be permitted.
10. The concrete grinder shall be equipped with a dust suppression system which shall be
operating at all times the grinder is operating for the purposes of grinding C &D material.
11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D
recycling operation and not used in the daily operation of the business.
12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris.
13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively
control windborne dust. Additionally, water shall be applied to the crushed by- product
material at all times that the crusher is in operation.
Page 2 of 2
Rev. 7 -22 -11
EXHIBIT C