Resolution 2008-373
RESOLUTION NO. 08373
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I"
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.I.c.
16. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION I I, TOWNSHIP 49
SOUTH, RANGE 25 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.
2004-4 I, 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 of a refuse system facility
within an Industrial "1" Zoning District pursuant to Subsection 2.03.04.A.l.c.16. of the Collier County
Land Development Code on the property hereinafter described, and the Collier County Planning
Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will
not adversely affect the public interest and the specific requirements governing the Conditional Use have
been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land
Development Code; 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:
Page 1 of2
Petition Number CU-2007-AR-12619 filed by Tim Hancock, AICP of Davidson Engineering,
representing K.O.V.A.C. Enterprises LLC, with respect to the property hereinafter described in Exhibit
"B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an
Industrial "I" Zoning District pursuant to Subsection 2.03.04.A.I.c.16. of the Collier County Land
Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to
the conditions found in Exhibit "D". Exhibits "B", "c" and "D" are attached hereto and incorporated
herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this /10 '~ay of
-])t.o./"",~ , 2008.
ATTEST~".ili
Dwight E~ Bioc!i:,Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, LORIDA
~..
- , .;.
Atust n to~a 1
I tgraa'tnoll'.".
Approved as to form
and legal sufficiency:
" i "L A {If 0
Heidi Ashton-Cicko
Assistant County Attorney
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" ,,\"
Exhibits attached:
A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
Cf':08-CP$-OO777\Rcso
Page 2 of2
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
I. Section 2.03.03.C.S 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 11
No
C. Affects neighboring properties in relation to noise, glare, 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
,
i
/,
f
I
ipulations, (copy attached) be
Based on the above findings, this conditional use should, with
recommended for approval to the Board of Zoning Appeals.
DATE:____
COMMISSIONER:
~
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
I. Section 2.03.03.C.5 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 ingress & egress
Yes J No
C. Affects neighboring properties in relation to noise, glare, 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) be
recommended for approval to the Board of Zoning Appeals.
DATE:
COMMISSIONER:
7;; ~Ir
I
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR '
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
I. Section 2.03.03.C.S 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:
I
I
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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: -
_ No affect or / Affect mitigated by )11.,()()l~~ ClflA.\:&i;J
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible u7e 'thin district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: IOfr../of
NM-I. hllC , ./ I /
COMrvIIS~iONER: )Ct~ 9, 1-la7/~
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
I. Section 2.03.03.C.5 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, glare, economic or odor
effects:
No affect or _ Affect mitigated by vi S -hpcd ~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes UNo_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recomm:nod~dl~~r_aop:M'l to,", Bo,m ofZ,,;o, APP".'., I / ,..L f )s
DA TE: ~ v COMMISSIONER: VV V""'"
Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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 I 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 II
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or 1'Affectmitigatedby ~'77h{vA-f}tl,0,\
_ 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 use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
/d//0/uf
I I
COMMISSIONER:
u~ 11/l- 'k{,'r:( (la/l/-~-c
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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 ~
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: / T
No affect or ~ Affect mitigated by ftJ"'n:.2.Lc! l:(l..t(SI"IdIt.. G.J J (l.I.A. &.BJ I...
_ Affect cannot be mitigated I j 17 {Z.c.f.J
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
1''AC'M'g,,:R..
DATE: IO/;'j,y
f .
€eI.llul~;JlUrU)K:
EXHIBIT A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
I. Section 2.03.03.C.5 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~ Land Development Code and Growth Management Plan:
YesL 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 ingre~ egress
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: /
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wi~ district
Yes/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DAm 1& Iv' .4'- CO, "fi" lONER, ~Z= 7 0/./ /v'/.r,
EXHIBIT A
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DEVELOPMENT CONDITIONS
CU-2007-AR-12619
NOVEMBER 6, 2008
I. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as entitled "KOVAC Conditional Use Master Concept Plan," prepared
by Davidson Engineering, Inc., dated February 12, 2008, as revised through
October 23, 2008.
2. No structures, including the existing structures, shall be permitted on the site
unless an SDP has been reviewed and approved by County Zoning and Land
Development Review staff. An SDP application shall be submitted to the County
within 90 days of Conditional Use approval or the existing structures shall be
removed.
3. Only one crushing machine shall be allowed to operate on the site; and shall not
be located within 200 feet of any of the property's southern and eastern
boundaries. In order to reduce the impact on adjacent properties, this crusher shall
be elevated or designed by a certified Florida engineer in such a way as to reduce
the machinery's vibrations.
4. To minimize the effect of noise and windborne dust on the commercial business
to the south, the truck loading area shall be located in the northeastern quadrant of
the site.
S. Sprinklers shall sufficiently water working areas of the site at least twice daily to
effectively control windborne dust. Additionally, water shall be applied to the
crushed by-product material at all times that the crusher is in operation.
6. The maximum height of material piles shall be limited to 40 feet.
7. To screen views of the piles and to help prevent dust from traveling off-site, a
Type B buffer shall be provided along the site's southern and southwestern
boundaries at the interface of abutting uses. Where this buffer overlaps the .3 7
acre preserve, Type B minimum plantings shall be maintained at all times within
the buffer area. The balance of the created preserve shall consist of approved
native mid-story and canopy species to achieve the desired buffering for
properties to the south.
8. The first ISO feet of the site's entrance drive shall be paved as part of the first
development order. This entrance shall also have a gate, which shall be locked
outside of business hours.
Exhibit D