Resolution 2002-263
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RESOLUTION NO. 02- 2 6 3
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "2" of Section
2.2.2.3 in an "A" Rural Agricultural Zone for a mulching and recycling facility on the property
hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning
Commission; 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:
The petition filed by William L. Hoover, AlCP, of Hoover Planning & Development, me.,
representing Jean Yahl, Yahl Mulching and Recycling, Inc., Washburn Realty, LLC, and Teresa Yahl-
Fillmore, with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "2" of Section 2.2,2.3 of the "A" Rural
Agricultural Zoning District for a mulching and recycling facility in accordance with the Conceptual
Master Plan (Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and majority vote.
Done this 11#
day of
~
,2002,
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, :". DW~GHT.'~~~R~C. K, Clerk
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Legal Sufficiency:
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Marjori M. Student,
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY'~~
JAMtfs N. COLETTA, CHAIRMAN
gladmin/CU-2000-221 RESOLUTION/SM/im
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-22
The following facts are found:
1. Section 2.2.2.3, of the Land Development Code authorized the
conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. consistency with the Land Development Code and Growth
Management plan:
Yes V No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingressv & egress
Yes V No
C. Affects neighboring properties in relation to noise,
glape, economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
D. compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes 'V' No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should~~~ be recommended for
approval "[1.1--
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DATE: ~,{ 0 . C' Y
CHAIRMAN:
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