Resolution 2009-275
RESOLUTION NO. 09- 275
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES FOR A RESOURCE RECOVERY FACILITY WITHIN
THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE NORTH
BELLE MEADE OVERLAY AND RURAL FRINGE MIXED USE DISTRICT
(RFMU) OVERLAY FOR SENDING AREAS TO ALLOW I) A
"COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY,"
PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE (LDe)
SECTION 2.03.01.A.l.c.12; AND 2) "PUBLIC FACILITIES, INCLUDING
SOLID WASTE AND RESOURCE RECOVERY FACILITY" AND "PUBLIC
VEHICLE AND EQUIPMENT STORAGE AND REPAIR FACILITIES"
PURSUANT TO LDC SECTION 2.03.08.A.4.a.(3)(b) FOR A PROJECT TO BE
KNOWN AS THE RESOURCE RECOVERY PARK ON PROPERTY
LOCATED APPROXIMATELY 1.5 MILES I EAST OF COLLIER
BOULEVARD AND 1 MILE NORTH OF WHITE LAKE BOULEVARD IN
SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Lcgislature 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) 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 Conditional Uses for a
Resource Recovery Facility within thc Rural Agricultural Zoning District within the North Belle
Meade Overlay and Rural Fringe Mixcd Use District (RFMU) Ovcrlay for Sending Areas to allow
1) a "Collection and Transfer Site for Resource Recovery," pursuant to Collier County Land
CU-2008-AR-13245
Rev. 10/23/09
1 of 3
Development Code (LDC) Section 2.03.01.A. I.c.12; and 2) "Public Facilities, including Solid
Waste and Resource Recovery Facility" and "Public Vehicle and Equipment Storage and Repair
Facilities" pursuant to LDC Section 2.03.08.A.4.a.(3)(b) for a project to be known as the Resource
Recovery Park; and the Collier County Planning Commission 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 1 0.08.00.0. 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:
Petition Number CU-2008-AR-13245 tiled by David Deans of PBS & J, representing
Collier County through its Solid Waste Management Department, with respect to the property
described in Exhibit "B", be and the same is hereby approved for Conditional Uses for a Resource
Recovery Facility within a Rural Agricultural Zoning District within the North Belle Meade
Overlay and Rural Mixed Use District Overlay for Sending Areas to allow 1) a "Collection and
Transfer Site for Resource Recovery" pursuant to Subsection 2.03.01.A. I.c.12, and 2) "Public
Facilities, including Solid Waste and Resource Recovery Facility" and "Public Vehicle and
Equipment Storage and Repair Facilities" pursuant to Subsection 2.03.08.A.4.a.(3)(b) of the Collier
County Land Development Code, for a project to be known as the Resource Recovery Park, in
accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions
found in Exhibit "0". Exhibits "A", "B", "C" and "0" are attached hereto and incorporated herein
by reference.
CU-2008-AR-13245
Rev. 10/23/09
2 of 3
BE IT FURTHER RESOLVED that the Board acknowledges that the Conditional Use
created by Resolution No. 96-404 expired beeause construction did not commence.
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 Jo'llvday of
Novun&r
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
()."I~1.u i6~\.c
~tust " to ~ fIerk
. "Qi'lltllrt 011..
By:
;",<,1.1;<."",.
,
. ., /t,
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~ 7.w'L\A\~~\"\
;.,.. HEIDI ASHTON-CICKO IV\
Assistant County Attorney
Exhibits attached:
A.
B.
B.
C.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
08-CPS-00845/42 HF AC
CU-2008-AR-13245
Rev. 10/23/09
301'3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The following facts are found:
L Sections 2.03.02.E. Le.S and 2.03.07.L.S.c.v. 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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ffect mitigated by I.tM ~ \- S +,y;cJ.rJ-. .......
_ Affect cannot be mitigated
D. Compatibility with adj acent 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: f' ....1..( -0 ~
CHAIRMAN:
I~~ At-~
EXHIBIT A
Pfl6rE 1. ~f 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 ~ Land Development Code and Growth Mansgement 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
YesL No_
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o llffect or _ Affect mitigated by
L Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible us7w.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: )--:;(- 01
MEMBER:a?/
EXHIBIT A
p~r;e J. O'r1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The fOllowing facts are found:
I. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 vi 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 ~ffect mitigated by /1Jt!lJA.l>€1:;.sn PuLA T7/J1JS
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No )Vim S17PIlt..A-170-<J.$
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 5/2-/ /01
J
~~. L/Jn."'A 7?ud (!~
EXHIBIT A
PfJ~t 3 orq
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
1. Sections 2.03.02.E.l.c.S and 2.03.07.L.S.c.v. 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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
_ No affect or :L.. Affect mitigated by Mt (JlMJ
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yesx.. No_
Based on the above findings, this conditional use should, with
recommended for approval to the Board of Zoning Appeals.
DATE: ~'i '2.1 'Zc:01
MEMBER:
(1,rlb '0 S~ \f.~~1L
EXHIBIT A
tt1~ E "I C't:- 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
1. Sections 2.03.02.E.1.c.5 and 2.03.07.L.5.c.v. 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 r/ 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 flIe 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
_ Affect cannot be lnitigated
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: f-J.}'o9'
MEMBER:
~~~
EXHIBIT A
fflG! S- "f q
J
. ,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
I. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 wit~e 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 ingr7& egress
Yes No
c.
Affects neighboring pr;:,p . es 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 ~in district
Yes~ No
-'
DATE: ~
Based on the above findings, this conditional use should,
recommend . fo approval to the Board of Zoning Appeals
tipulations, (copy attached) be
MEMBER:
EXHIBIT A
fIJG! 6 or 9
FINDINGIOFFACT
BiY
COLLIER COUNTY PLANNING COMMISSION
I
FOR
A CONDITIONAL USE PETITION
F(j)R
CU-2008-AR-13245
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 ~ Land Development Code and Growth Management Plan:
Yes_ No_ .
Ingress and egress to property aiJd 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 1ng7 & egress
Yes_ No_
A;:::~~eighborillg propelties in relation to noise, glare, economic or odor
e/~T_
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
Compatibility with adjacent propelties and other property in the district:
B.
C.
D.
Compatible use within district
Yes ~o
EXHIBIT A
Based on the above findings, this conditional use should, with stipulations, (c
recommended for approval to the Board of Zoning Appeals.
DATE: sl,/07
I .
MEM6ER
t:...~. ~ ,,,jAjJ;
t/ /b L /", M:7r/
fJl1C,t 7 rft= 9
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
1. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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 wi9' the Land Development Code and Growth Management Plan:
Yes J1..... 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
YesX No
C. Affects neighboring properties in relation to nois"Lglare, economic or odor
effects: . -
_ No affect or j Affect mitigated by r!;,+/~/A.,/r;cl1<rJWj" li5/d J I~
_ Affect cannot be mitigated ec 'e- f(1cOi<<.M.(ndl(.ft'iI1S
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes.i.- 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: ,.5"Z';21 /a r;
/ /
MEMBER: --1iJM - 9 ~;/c
EXHIBIT A
fJt1Ge I( ~q
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The following facts are found:
I. Sections 2.03.02.E.l.c.5 and 2.03.07.L.5.c.v. 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,
B.
Consistency ~and Development Code and Growth Management Plan:
Yes_ No_
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 ingr~ess
Yes_ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~tmitigatedbY b....o ~t'~'Nt;
_ Affect cannot be mitigated
A.
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: <; Iv !o '1
, I
MEMBER
CHA.ID:MAN:
EXHIBIT A
1'/1$B 9 t1P Cf
Resource Recovery Park
CU-2008-13245
Legal Description
IIQRt PA,nl{;U~ Y bESCPtIDED "'$ lOL:..OWS:
BfGIN AT THt=' 5'Ol)!HEAST CORN~~ Off ~ClJON 2~. "TO'JtNs"fJ1 -49 SOJ""H, RA\lCr ]6 EAST. -"'F:NCr NBg'SO'09'"W, I\~ONG ~r SOl.'l'i ~1Nf: OF
S....C SEcnON 25, A OtSTA,NC( C' 26.(7 99 r-tLT ~O A ~OINT ON nfC SOU1l! , /4 CORNm or 5.&10 srCTlO"l 25; 1hCNCE CONTlI\L1:
"4BlI""jO'(I9~W. .4.LQNC1....E SQt;fH U~ Of SA!:) SECOON 2!), A OlSrAHCt of 2541.99 (lEf TO mE SOUfl-lwEST cmNER OF' SAID s~cnON 2~;
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CONTAlM!\iC J......1 A(;R(S, ",ORe: OR U::SS,
Exhibit B
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r./.(8IJ)28.2-J;J3
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Conceptual Sile Plan
Resource Recovery Park
Solid Waat. M_nq_ment aepartment
m
x
:J:
ffi
=<
March 11, 2008
Revised June 1. 2009
sc:nCllll. ,__.. 1.."'''11.
Exhibit C
CONDITIONS OF APPROVAL
Collier County Resource Recovery Park
CU-2008-AR-13245
I. The Resource Recovery Park shall be limited to that which is depicted on the conceptual site
plan, identified as the "Collier County Resource Recovery Park" dated March 11, 2008 and
last revised June 1,2009, prepared by PBS&J; and
2. The site plan noted is conceptual in nature for Conditional Use approval. The final design
must be in compliance with all applicable federal, state and county laws and regulations; and
3. The Department of Zoning and Land Development Review Director may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain consistent with all
applicable development standards; and
4. Expansion of uses identified and approved within this Conditional Use approval, or major
changes to the approved plan, 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 Chapter 10.02.03, of the Collier County Land Development Code,
Ordinance 04-41, as amended, for Site Development Plan (SDP) review and approval; and
5. If it is judicially determined or otherwise agreed to by the County, then the County shall
provide access to the outparcels identified on the Boundary Survey as #40, #4 I, and #42 (all
of which are located within the easternmost tract identified on the site plan as "Out Parcel
10.20 Ac Zoned-A"). Said access shall be to Garland Road or other public or private road.
Preserve area calculations shall not be affected by such access; and
6. No permanent access onto 31" Street SW shall be granted as part of this Conditional Use
approval; however, this condition shall not be construed to preclude any temporary
emergency access that may be required by any other government agency; and
7. The 39 acres of off-site mitigation shall be identified prior to Site Development Plan
approval; and
8. A Red Cockaded Woodpecker (RCW) management plan will be required to be submitted
and approved as part of the next development order.
9. The hours of operation shall be the same as the landfill; and
10. All individual sites within developed area shall be designed as drive-thru as much as
possible to minimize backup movements by vehicles;
II. A 200' wide preserve buffer shall be provided along western side of property;
] 2. Processing of yard waste shall be on the south side of the property as much as possible with
staging to the north:
Revised 6/23/09 to reflect eepe consent agenda changes
EXHIBIT 0