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Resolution 2002-263 J 7A ~ ""j ,'. . RESOLUTION NO. 02- 2 6 3 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 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. 91-102) 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 Collier County Planning Commission, 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 Use "2" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a mulching and recycling facility on the property hereinafter described, and 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 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; 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: The petition filed by William L. Hoover, AlCP, of Hoover Planning & Development, me., representing Jean Yahl, Yahl Mulching and Recycling, Inc., Washburn Realty, LLC, and Teresa Yahl- Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2,2.3 of the "A" Rural Agricultural Zoning District for a mulching and recycling facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- \ 7A \': BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ofthis Board. This Resolution adopted after motion, second and majority vote. Done this 11# day of ~ ,2002, ,HI"" ".<~'! . D!lt.l?.a ,<:>~':':''':':'':>('~~~ " ... AT,t;E;ST,.. I. '. <'~ , :". DW~GHT.'~~~R~C. K, Clerk -.. -~ ("....<7 ,'"" ...... "-t!~~ .".). ~:~i~~:~~ t" L~/<p'(! tnt"n ,~ .C~I.1 's ~iI8Umnand Legal Sufficiency: 1l1~~1.1r),~ Marjori M. Student, Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY'~~ JAMtfs N. COLETTA, CHAIRMAN gladmin/CU-2000-221 RESOLUTION/SM/im -2- ,. t 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-22 The following facts are found: 1. Section 2.2.2.3, 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 ingressv & egress Yes V No C. Affects neighboring properties in relation to noise, glape, 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) (should~~~ be recommended for approval "[1.1-- r" )' DATE: ~,{ 0 . C' Y CHAIRMAN: 1/ '\, r;;:--(" f}~ d\:.,^-~J S EXHmIT "An