Resolution 2000-057
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RESOLUTION 2000--54.
A RESOLUTION SUPERSEDING RESOLUTION 99-399 AND
PROVIDING FOR THE ESTABLISHMENT OF A SAWMILL
CONDITIONAL USE #2 IN THE "An 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 "An Rural Agricultural Zone for a sawmill 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, this Resolution supersedes Resolution 99-399 previously granting conditional use
approval; 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 Hoover, AlCP of Hoover Planning, representing Richard and
Jean Yahl 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 sawmill in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
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Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this a?- b& day of~fl1 ' 2000.
BOARD OF ZONING APPEALS
COLLIER WUNTY, FLORIDA
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T ANTINE, CHAIRMAN
ATTEST:
DWIGHT E. BR09K, Clerk
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AIiJi~U t8~ and
Legal Sufficiency:
'!!!!l~~~1fj~~
Assistant County Attorney
g:/admin/ RESOLUTION/CU-99-33/SM/ts
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
"TOP - :5' ;3
CU-~2
The following facts are found:
1. Section 2.2.2.3.1 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 ~ 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 ingres~ & egress
Yes V No
C. Affects neighboring properties in relation to noise,
glar~, economic or odor effects:
v/ No affect or Affect mitigated by
Affect cannot be mitigated
D. Comp~tibility with adjacent properties and other
property in the district:
Compatible use wit~istrict
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should~ be recommended for
approval
DATE: /...~t7-~e
f/FINDING OP PACT CHAIRMAN/
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Exhibit "A"
CU-99-33
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Exhibit R
N 1 2 of NE 1/4 of SW 1/4 of SW 1/4
SE ION 31, TOWNSHIP 49 SOUTH, RANGE 27 EASt
CO. ER COUNlY. FlORIDA .q,f.'
2 of NE 1/4 of SW 1/4 of SW 1/4
SE ON 31. TOWNSHIP' 49 SOUTH, RANGE 27 EAST-"
CO. ~,COUN1Yt,.~A ," .' "
~~~NOf3~TJ~~s~fp~9 1{ri~:s,:N~4 27'~'
CottiER. COUNTY, '}1;.QIiIDA. . . _. <~.,
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_ , _ RICH" TERESA Y AHL
2. Y NL ... CteiIQ a
- CONllmONAL u:CVCl..l<<a
lifASTIa PUN
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\" Exhibit c c
, U-99-33
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Exhibit D
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 processed
or removed from site shall be ten (10) feet.
4. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover
in place.
5. 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.
Recappinglregrooving oftires 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, 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.
(j) Providing repair and replacement of brake rotors, drums and pads.
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(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 engineers, 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 waste.
10. The stockpiled horticultural waste and piles of mulch shall be periodically watered down
on a daily basis by the on 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 Planning Services Department Director may approve minor changes in the location
of the use within the building or structures and improvements authorized by the
conditional use. Expansion ofthe uses identified and approved within this conditional
use application, or major changes to the site plan submitted as part ofthis application,
shall require the submittal of a new conditional use application, and shall comply with all
applicable County ordinances in effect at the time of submittal, including Division 3.3,
Site Development Plan Review and approval, ofthe Collier County Land Development
Code (Ordinance No. 91-102).
14. An appropriate portion of the native vegetation shall be retained on site as required in
Section 3.9.5.5.4. of the Collier County Land Development Code, as amended.
IS. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
shall be submitted to Current Planning environmental staff for review and approval prior
to final site plan/construction plan approval.
16. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the
South Florida Water Management District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
17. If, during the course of site clearing, excavation or other construction activity, an historic
or archaeological artifact, or other indicator is found, all development within the
minimum area necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
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18. The existing natural, native vegetative buffer along the southern boundary of the
southeastern 5 acres of the site, shall be retained as it currently exists, to no less than
a minimum width of the twenty (20) feet. This vegetation preservation requirement shall
be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of
the Land Development Code, and shall be maintained for the life of the project.
19. The existing six (6) foot high opaque fence and existing landscape trees planted 25 feet
on center adjacent to the northern five (5) acres' northern and eastern property boundary,
shall be continued along the southern five (5) acres' eastern, and the western five (5)
acres western and northern property boundaries.
20. There shall be a maximum of 60 dump truck trips per day and 90 medium duty truck
trips permitted per day, to and from the site.
21. Primary access to the site for heavy trucks (those trucks with three (3) or more axles)
shall be from the Southwestern driveway entrance. The driveway entrances located off of
Washburn Avenue shall be utilized as secondary access points, primarily for employees
personal vehicles and access to the caretakers residence and administrative office.