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BCC Minutes 10/23/1990 S Naples, Florida, October 23, 1990 !. LET IT BE REMEMBERED, that the Board of County Commissioners in ~&nd for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to /aw and having conducted business herein, met on this date at 5:25 P.M. in SPECIAL SESSION in Building i~'F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Butt L. Saunders Anne Goodnight ALSO PRESENT: Annette Guevin, Deputy Clerk; Jennifer Pike, to the County Manager; Ken Cuyler, County Attorney; Robert .Fahey, Solid Waste Director; Frank Brutt, Communit~f Development Services Administrator; Eric Young, Planner; Sue Filson, JAdmAnistrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Ol Page 1 October 23, 1990 ORDll[ANCE 90-81 RE PETITION Z0-90-16, AN ORDINANCE AMENDING ORDINANCE ¥ 82-2, THE COMPIt~]~N~IVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA ', OF COLLIER COUNTY, BY AMENDING SECTION 20, DEFINITIONS, REGARDING ~CLING CENTE~, TRANSFER STATION, RESOURCE RECOVERY FACILITY AND ~L~LING - ADOPTED AS AMENDED Legal notice having been published in the Naples Daily News on October 3, 1990, and October 17, 1990, as evidenced by Affidavit of !.P%lbltcation filed with the Clerk, public hearing was opened to con- sider/adopt an ordinance amending Ordinance No. 82-2, the Comprehensive Zoning Regulations for the unincorporated area of i! Collier County, by amending Section 20, Definitions, by deleting the definition of recycling center and adding the definition of transfer station, resource recovery facility and recycling. Planner Eric Young reported this is the second .evening public hearing to consider/adopt Petition Z0-90-16, an ordinance amending Ordinance 82-2. He stated this amendment is intended to better define . the. activities associated with the concept of recycling, and to bring the County zoning regulations up-to-date with National and State stan- dards for waste m~nagement. Ne said this amendment will also create the flexibility needed in the Zoning Ordinance to address the rapid '~advancements in the technology and processes as~ociated with the ii.'~recycling industry. This will be accomplished, he stated, by deleting ~%ithe definition of recycling center and adding definitions for transfer station, resource recovery facility and recycling. He explained that in 1988, the State enacted the Solid Waste Management Act (SWMA), Which is a comprehensive piece of legislation intended to establish ~ules for the management of Florida's growing solid waste problem in an environmentally, economically and public health conscious manner. He advised the SWMA is considered one of the most comprehensive and aggressive approaches in the nation. He added it is conceivable that, in the near future, private businesses will wish to participate in the resource recovery effort in Collier County. He stated, since these businesses may take several different forms, the creation of defini- Page 2 October 23, 1990 to establish the parameters of these activities has become al. He said these definitions are intended to reflect national standards and current/future technology, yet be sensitive to the needs of citizens of Collier County. Therefore, he explained, they do not include the more controversial methods of resource recovery and other recycling processes outlined in the SWMA. He advised that the CCPC has recommended approval of this amendment by a vote of 6/0, subject to Staffts stipulations. He concluded that this amendment, along with Companion Petitions PU-90-16 through PU-90-19, will significantly contribute to fulfillment of the Growth Management Plan. ~r. Young advised that since the first public hearing, several people have indica'zed interest in establishing a provisional use for a transfer station, l{e said it has been discovered that the definition of transfer station is too restrictive in the uses allowed. He suggested adding to the ordinance the words, "With the exception of non-ferrous metals", at the beginning of the sentence that currently reads, "This activity does not include .... " He stated the reason for this addition is due to the amount of copper tubing, sheeting and wires, and many other materials that are non-ferrous metals, which ~.often come from construction sites. He indicated without this addi- i~tion&l language, these materials will not be allowed into a transfer ! tation. In answer to Commissioner Volpe, Robert Fahey, Solid Waste Director, replied that the Provisional Uses being requested are for existing landfills. He explained since the land is currently zoned agricultural, the activities under the new definitions in the Zoning Ordinance cannot take place without establishing Provisional Uses. COlmLteS~Oner S~m~ders moved, seconded by Comm~ssioner Goodnight ~ =l_~l~$ld ~~ly, to close the ~blic hearing. ~i~r S~rs ~, seco~ ~ Co~ss~oner S~ ~d that the ordinmnce ~ numbered and titled below be ~ed, s~bJact to the change in language within the definition of tl'l~lfar mtmtion, and entered lnto Ordinance Book No. 41: 05 Page 3 ~/: 0RDI1U~CE 90-81 O~ober 23, 1990 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 20, DEFINITIONS, BY DELETING THE DEFINITION OF RECYCLING CENTER; AND BY ADDING DEFINITIONS OF TRANSFER STATION, RESOURCE RECOVERY FACILITY, RECYCLING AND BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ~l~3~flOI ~O-513. 1~ PU-90-16. BOB FAH~Y OF COLLIER Cou]rTY SOLID "~ ~~ ~S~XRG ~ ~ OF CO~ C~XSSIO~, ~ ~I~ U~ "b" OF S~IOR 8.10 (ESS~I~ S~IC~S) ~ ~ C-5 ZO~NG DI~I~ FOR A ~S~ STATION ~A~D OR ~ S~ C~ OF ~~ DRI~ ~ ELKC~ CIRCLE, ~CO IS~ - ~ ~ TO STI~TION Cc~m~aaA~r Sa.undere ~oved. eecondmd h,f Commissioner S~ ~d ~ C~1~ ~~ly, t~t Re~lut/on 90-513 re ~-90-16, ~ a~pt~ ~,~ ~t~ of t~ ~d~ce fr~ t~ Secrlt~ of State, Page 4 October 23, 1990 ~]~.~FTION 90-514, KE PU-90-17, BOB FAHEY OF COLLIER COUNTY SOLID ~ZIb~l~ I)~P~ RP-t,~SENTING ~ ~ OF CO~ CO~I~SIO~RS, ~~NG ~SI~ USE 'b' OF SECTION 8.10 (ESS~I~ SE~ICES) ~ ~ A-2 ZO~NG DIS~ICT FOR A ~SO~CE ~CO~ FACILI~ ~A~ ~ ~ NOR~ SIDE OF ~LIGATOR ~L~ (S.R. 84), ~OXI~TELY I 1/2 ~S ~T OF C.R. 951 - ~ED WI~ STI~TION Comateatoner Saundere norad, eeconded by Co~aiss~oner Shanahan and carried unani~ously, that ~solution 90-514 re ~-90-17 ~ adopted . ~ ~tpt of t~ ordt~ce fr~ t~ Secret~ of State. 000 . 07 Page 5 October 23, 1990 '~ · I~O~TION 90-515, ~ PU-90-18, BOB FAHEY OF COLLI~ CO~ SOLID ~ ~~ ~S~ING ~ ~ OF CO~ C~ISSIO~RS, ~ ~SION~ USE ~b" 0F SE~ION 8.10 (ESSE~I~ SERVICES) ~ ~ AI~ ZO~NG DIS~I~ FOR A ~SO~CE ~CO~ FACILI~ ~ ~ OF I~~ RO~ (C.R. 846) ~ ~OXI~LY 2 ~/2 ~L~ ~ OF I~EE ROAD (C.R. 846} - ~ED WI~ STI~TION C~S~r S~rs ~ed, eeconded ~ Co~s~er S~ ~ ~ ~ of t~ ord~ce from t~ Secret~ of State. Octobe~ 23. 1990 90-516, R~ PU-90-19, BOB FAHEY OF COLLI[~R COUNT~ SOLID ~ ~~ ~S~NG ~ ~ OF CO~ C~ZSSlO~, ~SlO~ US~ 'b= OF SENIOR 8.10 (ESS~ S~ICES) AI~ ZO~NG DIS~I~ ~R A ~S~R STATION LOCA~D ON C~ OF S.R. 29 ~ U.S. 41 - ~ED WI~ STI~TION Co~misltoner Sa~nders ~ved, seconded by Coutsstoner Shanahan ~nd C~Tte~ unanimously, that Resolution 90-516 re PU-90-19 be adopted i: ~i' u~on ~eip~ of the ordinance from the Secretary of St&ts. m 09 Page 7 October 23, 1990 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:40 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL The~'m'~te~ approved by the Board on presented J or as corrected Page 8