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Email - Determination of ViolationHi Cristina, As depicted on the attached zoning map, the subject property is located within the Agricultural Zoning District and the RFMUD – Receiving Lands. The SDP approved for the subject property is for a wholesale nursery which is a permitted use at this location. In addition, Mr. Fogg has a BTR for a lawn maintenance business which is also a permitted use. However, this use doesn’t include any activity that involves the dumping of horticultural material on-site by independent lawn care business for the purpose of processing the material (recycling). This type of yard waste recycling is listed as Conditional Use #12 in the Rural Agricultural Zoning District. A Conditional Use is also required for a retail nursery. Lastly, I have reviewed the zoning determination made in the 2011 case and have confirmed that response is still valid and that the existing nursery can include an organic composting as an accessory use. However, none of the BTRs issued to the property owner allow for the crushing of rocks/concrete or similar material as part of a permitted or as an accessory use at this location. A Conditional use is required to allow this use as part of a resource recycling facility. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT. From: PerezCristina <Cristina.Perez@colliercountyfl.gov> Sent: Thursday, April 30, 2020 10:29 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: FW: Fogg's Nursery - Determination of Violation Ray, I have attached the information on Fogg’s Nursery. Complaint was for the noise and activity of crushing and manufacturing the rocks, gravel, and large piles of dirt. Complaints question of this activity is allowed as part of the nursery operation. I have included a determination from a 2011 case regarding the yard debris that was being brought onto the property for processing composed. This appears to be continuing to happen. I have multiple complainants on this property inquiring on a response. Please advised if you need additional information to make a determination. Cristina Perez From: PerezCristina Sent: Friday, January 31, 2020 10:50 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Cc: FuentesJohn <John.Fuentes@colliercountyfl.gov> Subject: Fogg's Nursery - Determination of Violation Ray, Please see attached determination of violation form for Fogg’s Nursery. I have included photos and SIP maps and the determination, let me know if you need additional information to make a determination. Regards, Cristina Perez, CPM FACE Certified in Levels 1,2,3,4 Investigative Supervisor Central District Growth Management Department, Planning and Regulation Code Enforcement Division Office: 239.252.6867 Cell: 239-877-8127 Fax: 239.252.3904 ________________________________ Under Florida Law, e-mail addresses and their context are public records. If you do not want your e-mail address or the contexts released in response to a public records request, please do not send electronic mail to this entity. ________________________________ 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.