Resolution 1999-399
170
RESOLUTION 99-2.29
A RESOLUTION PROVIDING FOR TIlE ESTABLISHMENT
OF A HORTICULTURAL MULCHING FACILITY
(SAWMILL) CONDITIONAL USE 2 IN TIlE RURAL
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF TIlE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 31. TOWNSHIP 49 SOUTH. RANGE 27 EAST.
COLLIER COUNTY. FLORIDA.
WHEREAS. the 1.egislature of the State of Florida in Chapler (,7-124(,. Laws of Florida, and
Chapter 125. Florida SWtutcs. has conCerred on Collier County the power to estahlish, coordinalc and
enforce zoning ami such husincss rcgul:ltions as arc I1cccssnry rOT the protection of the public; ,lllU
\V!'IERE,\S. the ('ounty pursuant thereto hilS aJoplcJ a Lanll Development Codc (Ordinance
No. 91-1(2) which inclu<.lcs a ('omprchct1si\'c Zoning Ordinance cSlahlishing regulations lor the
zoning of particular gC~lgr:lrhic divisions nrthc County, mllong which is the granting oi"('ol1ditional
Uses; and
WHEREAS. the Collier County Plannlllg Commission. heing lhe duly appointed allll
constituted planning board ror Ihe area hereby arfcclcd, hus held a public hearing ancr notice as in snit!
regulations made and provided, :md h~IS considered the ndvisability ofConditionnl Use 2 of Section
2.2.2.3 in a Rural Agrieuliural ZO;1e for a horticuliural mulching facility on lhe property hereinaner
described. and has found as a mailer of fact (Exhibil "A") Ihal salis(.,elory provision and arrangemenl
hnve been made concerning all applicahle matters required by !'mid regulations and in accordance with
Subsection 2.7.4.4 of tile Land Developmenl Code l'or the Collier County Planning Commission; and
WIIEREAS, all intt.:rcstcd parties ha....e been given opportunity to he heard by this Board in a
public meeting assembled and the 130ard h<l.ving considered all matters presented.
NOW. THEREFORE BE IT RESOLVED. BY TilE BOARD OF ZONING APPEALS of
Collier County, Florida thai:
The petition filed by William I lover, AIC.'P or floovcr Planning representing Richard .lIld Jean
Yahl and with respect 10 the property hereinaner described as:
Exhibit "13" which is lIttached hereto :1nd incorporated hy refcrcnct: herein
be and the S:1mc IS herehy approved for ConJilionalLJsc 2 of Section 2.2.:2.3 of the Ruml Agricullural
Zoning District for a horticultural mulching facility in accordance with the Conceptual M;L'iter Plan
(Exhihit "e") and suhject [0 the foHawing conditions as described in the attached Exhihit "D".
...
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BE IT FURTIIER RESOLVED that this Resolution he recorded in the minutes orlhis Board,
This Resolution mloptcd ilficr motion. second and majority vote.
Done this ,..Jt. ,tt dayorc.Oc!7;-t.... ,1999,
Att@st :s to Chatnftin'S
slqnlturf on1].
BOARD OF ZONING APPEALS
COLLIER COUNTY. FLORIDA
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BY: "(, ,,'. ~~I:.~
PAMELA S, M,\CKIE. Chairwol1lan
ATTEST:
DWIGIIT E. BROCK, Clerk
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Approved as to Foml and
Legal Sufficiency:
I/~J)I .JfJ"I'~/:I:..
Marjolie M, Student
Assistant County A Itomey
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CU-99-21
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-21
The following facts are found:
1. Section 7.2.2.'.2. 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 ingress & egress
Yes;/ No
C. Affects neighboring properties in relation to noise,
g;,re, economic or odor effects:
. '. 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 / No
Based on the above findings. this conditional
stipulations, (copy attached) (should not) be
approval ..
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CHAIr"""." 0';"''\' '
N'~~_' / ~_ ./
use should, with
recommended for
~
DATE:
/
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f/FINDING OF FACT CHAIRMAN/
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CU-99-21
Exhibit B
The NE 1/-1 of the SW 1/-1 of the SW 1/-1 OfScclion 31. Township -19 SOllth. Range 27
East, Collicr County, Florida.
AND:
The S 1/2 of the :\E 1/-1 of the SW 1/4 of Section 31. Township 49 South, Range 27 East.
Collier County. Florida.
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Exhibit D
I, The property owner shall maintain a dumpster on site to properly dispo~e of solid wa~le.
The only waste products permitted to he stored on site shall he hortieullural waste waiting
to he ground into mulch or otherwise u~ed aITsite. There shall he no pemlanent stamgc
of solid waste on site,
2. The tub grinder shall not be operated wilhin 150 feet of any property line.
3, The maximum height of piles for mulch and horticultural waste waiting to hc proeesscd
or removed from site shall be ten (10) feet.
4. During mainlenance or cleaning, the tub grinder shall only be operated with a tub co\'cr
in place.
5, There shall he a maximum of twenty (20) dump tntcks and forty-fivc (45) roll.off
containers storcd on site,
6. The tub grinder shall only be operated, maintained or cleaned betwcen 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 Columhus Day,
7. On-site diesel fuel storage shall not exceed 500 gallons, On-site gasolinc storage tanks
arc not pemlitted, Gasoline storage containers up 10 five (5) gallons in size arc permilted
for yard work, ete,
8. Maintenance and repair services to dump lrucks, roll-off containers and the endloadcr
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 of tires and wheel alignments arc not permitted.
(d) Replacement afwaterhoses, fan belts, brake nuid, light bulbs, fuses, wiper blades
grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar
items.
17D
(e) Provision of water, antifreeze, !lushing of the cooling system, and air condition
recharge.
(I) Washing, buffing. and steam-cleaning.
(gl Servicing of fuel pumps and fuel lines,
(hl Minor servicing ofcarburetors and fuel injection systems,
(i) Electrical wiring repairs,
(j) Providing repair and replaeemenl of brake rotors, dnlms and pads.
(k) Minor motor adjustments not involving removal of the head or crankcase.
(I) Luhrieation, engine oil changes, transmission oil changes, and oil/air tiller changes,
(m) Minor wclding and minor repainting but not frame straightening or major repainting,
(n) The removal oCcngineers, transmissions, rear difCercntials and 4-whcel drive units
shall not be pennitted,
9. The IUh grinder shall he equipped with a dust suppression system which shall he
operating at all times lhe tub grinder is operating Cor the purposes of grinding
horticultural waste,
10, The stockpiled horticultural waste and piles or mulch shall be pcriodically watered down
on a daily hasis by the on site sprinkler system in order to reduce dust.
II, There shall be no other machinery or equipment stored on site which IS unrelated to Ihe
h,'rticulluralmulching operation and not used in the daily operation or the business,
12, The tub grinder will be equipped and operated with de!leclOrs to minimize !lying debris,
13, The Planning Services Departmetit Director may approve minor changes in the loe,nion
of the use within the building or structures and improvements authorized hy the
conditional Use, Expansion of the uses identified and approved within this condilional
use application, or major changes to the site plan submitted as part or this application.
shall require the submittal oC a new conditional use application. and shall comply with all
applicable County ordinances in effect at the time of submittal. including Division :1,:1.
Site Developmenl Plan Review and approval, of the Collier County I.and Development
Code (Ordinance No. <JI-1(2).
14. An appropriate portion oCthe native vcgetation shall be rctained on site us requircd in
Section :1.9.5.5.-1. oCthe Collicr County Land Development Codc. as ,lmended.
15, An exotic vegetation removal, monitoring, and maintenance (exotic Cree) plun lilr the sileo
shall be suhmitted to Current Planning environmental staff for revie\\' and approval prim
to linal sit~ plan'construction plan approvul.
16. Pcnnits or lcttcrs of cxcmption from the U.S. Anny Corps of Engincers (ACOE) and the
South Florida Water Managemcnt District (SFWMD) shall be prcsented prior to finul site
plan/construction plan approval.
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17, I f, during the course of site clearing, excavation or other construction netivity, an histonc
or archacological artifact, or other indicator is found. all developmcnt within thc
mi nimum arcn ncccssary to protect thc discovery shall hc immediatcly stopped and thl'
Collier County Code Enforcement Department contacted.
18, The existing natural, native vegetative buffer along the southerly 5 acres southern
property boundary of the site, shall be retained as it currcntly exists, to no less Ihan
a minimum width ofthc twenty (20) feet. This vegctation preservation rcquircmcnl sll:lll
bc over and ubove the minimum native vegetation requiremcnts OfScclion 3.'),5,5A. ",.
the Land Dcvelopment Code, and shall be maintaincd for thc life orlhe project.
19. The existing eight (8) foot high opaque fence and existing landscape trees plunted25 reet
on center adjacent to the northern five (5) acres' northern and eastcrn property boundary.
shall be continued along the southern five (5) acres' eastern propcrty bound:"y.
20. There shall he a maximum of60 dump truck trips per day und 9IJ medium dUlY tnlCk
trips penllitted per day, to and from Ihc site,