Resolution 2007-210
RESOLUTION 07 - 210
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING A REQUEST FOR
THE ESTABLISHMENT OF A CONDITIONAL USE, AS
ALLOWED BY SECTIONS 2.04.03 AND 2.03.08.A.3 OF THE
LAND DEVELOPMENT CODE, IN THE RURAL AGRICUL TORE-
MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT, FOR
"FACILITIES FOR THE COLLECTION, TRANSFER,
PROCESSING, AND REDUCTION OF SOLID WASTE." THE
APPLICANT PROPOSES TO USE THE SITE FOR A
HORTICULTURAL MULCHING AND RECYCLING FACILITY.
THE PROPERTY IS LOCATED AT 1260 WILD TURKEY DRIVE,
IN SECTION 26, TOWNSHIP 47 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, as allowed by Sections 2.04.03 and 2.03.08.A.3 of the Land Development Code, in the
Rural Agriculture Zoning District with a Mobile Home Overlay (A-MHO), for facilities for the
collection, transfer, processing, and reduction of solid waste. The applicant proposes to use the
site for a horticultural mulching and recycling facility on the property hereinafter described;
and
WHEREAS, the Collier County Planning Commission recommended denial of the
application, finding lack of adequate ingress and egress; inconsistency with the Land
Development Code and Growth Management Plan; and incompatibility with the adjacent
properties and other property in the district; and
WHEREAS, the Board heard testimony regarding numerous code violations concerning
the Applicants, including the Applicant's failure to abide by a stop work order; and
WHEREAS, the Board heard further testimony regarding the lack of compatibility with
the adjacent properties and other property in the district; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board of Zoning Appeals in a public meeting assembled and the Board having considered all
matters presented.
CU-2005-AR-8046
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
For the reasons set forth in the record, the Petition filed by Jaime and Demarys Oliva,
represented by Robert N. Pelier of Blanco & Pelier, P.A., with respect to the property
hereinafter described as:
Parcel I: The west Yz of the southeast Y. of the southwest Y. of the
southeast Y. of Section 26, Township 47 South, Range 27 East, lying and being
in Collier County, Florida; and
Parcel 2: The east Yz of the southeast Y. of the southwest Y. of the
southeast y. of Section 26, Township 47 South, Range 27 East, lying and being
in Collier County, Florida,
be the same is hereby denied for a conditional use, pursuant to Sections 2.04.03 and
2.03.08.A.3 of the Land Development Code, in the Rural Agriculture Zoning District with a
Mobile Home Overlay (A-MHO), for facilities for the collection, transfer, processing, and
reduction of solid waste.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and unanimous vote, this 25th day of July,
2007.
ATTEST: """,
DWIGHT E..BROCK, CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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" st t$,UCik.tRriwti'Clerk
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Appr ved as to form and
lega u 1 .
B~J~~
ow
tant County Attorney
CU-2005-AR-8046
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