Backup Documents 11/10/2009 Item # 7A
I
7A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement Other:
(Di-:splay Adv., location, etc,)
................-........................-..........,.***~*....**.*.**1****~**...*...*.**.*.**4
Originating Der!1 Div: CDES.lZonine Person: Kay Deselem, AICl\'s Date: Cj la3 / (!) '/
Petition No. (If none, give brief description): CU.2008-AR.13245, Resource Recovery Park
Petitioner: (Name & Address): Mr, David Deans, P,E" BCEE. PBS & J, 482 Keller Road, Orlando, FL 32810
Name & Address of any person(s) to be notified by Clerk's Office: (If more space IS needed, attach separate sheet) Collier County
Solid Waste Mgmt, Daniel Rodriguez, Dir.. 3301 E. Tamiami Trail. Bldg. H, Naples. FL 34112
Hearing before Bee
BZA
Other
Requested Hearing date:
October 27. 2009
Based on advertisement appearing 15 davs before hearing.
Newspaper{s) to be used: (Complete only if important):
xxx Naples Daily News Other Legally Required I
I
Proposed Text: (Include legal description & common location & Size: CU-2008-AR-13245. Collier County through its Solid
Waste Management Department, represented by David Deans of PBS & J, is requesting Conditional Uses within the Rural
Agricultural Zoning District within the North Belle Meade Overlay and Rural Fringe Mixed Use District (RFMU) Overlay tor
Sending Areas to allow 1) a "Collection and Transfer Site for Resource Recovery," pursuant to Collier County Land Development
Code (LDC) Section 2.03.01,Al.c.12; lUld 2) "Public Facilities, including Solid Waste and Resource Recovery Facility" and
"Public Vehicle and Equipment Stomge and Repair Facilities" pursuant [0 LDC Section 2.03.08.A,4.a,(3)(b) of the RFMU District
for a project to be known as the Resource Recovery Park. The subject propcny. consisting of approximl:ltely 344.:t acres, is located
approximately 1.5 miles east of Collier Boulevard (CR 951) and one mile north of White Lake Boulevard, in Section 25.
Township 49 South, Range 26 East, Collier County, Florida.
Companion petition(s). if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Rev lewed by
rn, l~ ~61
D 15100 AdmInistrator or DeSIgnee Date
List Attachments:
A.
i
i
For hearings before BeC or BZA: Initiating person to complete one copy llnd obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal review, or
request for same, is submitted to County Attorney befm"e submitting to County Manager. The Manager's office will
distribute copies:
DISTRIBUTION INSTRUCTIONS
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initialing Division head to approve and ~ubmit original to Clerk's Office. retaining a COP) for file.
..**......**.******....*****.******.**.*.*******.*..*.*.***..*.....*...**.......***.*..**_._-_...*.--
~'OR CLERK'S OFFICE USE ONLY:
Date Received:q/'~ 1Y1 Dale of Public heMin; /) -;J..7'1JCJ Date Advertised: Ji2,ll1J1
~7A
RESOLUTION NO, 09-
A RESOLlITION 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 (LDC) SECTION 2.03,01.A.1.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 EAST OF COLLIER BOULEVARD AND I
MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25.
TOWNSHIP 49 SOUTH, RANGE 26 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) 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 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 (LDC) Section 2,03.01.A.l.c.l2; and 2) "Public Facilities, including
1
, ?A
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 "AU) that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 10.08.00.0, 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 thaI:
Petition Number CU-2oo8.AR-13245 filed by David Deans ofPBS & 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 I) a
"Collection and Transfer Site for Resource Recovery" pursuant to Subsection 2,03,OI.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 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
tiC" and subject to the conditions found in Exhibit "0". Exhibits HA", liB", "en and "0" are
attached hereto and incorporated herein by reference.
BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2009.
2
ArrEST:
Dwight E, Brock, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
HEIDI ASHTON-CICKO
Assistant County Attorney
Exhibits attached:
A.
B.
C.
D.
08-CPS-00845/38 HFAC 6/23/09
0., ~/lL. \ 0"
'\0''''
U.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
?A
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
DONNA FlALA, Chairman
3
I ? A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
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. GrantiJJg 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 w... ~ t' S+.)-;.,J.J, I.....
_ 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: b ....1..1 -0 ~
CHAIRMAN:
fA) A+-~ -
EXHIBIT A
PI/ViE 1. ~F '!
?A
" "
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are found:
l. Section! 2,03.02,E.1.c,5 and 2,03,07L,5,c,v, of the Land Development Code
authorized the conditional Wle,
2. Granting the conditional use will not advernely 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_
B.
Ingress and egress to property and proposed struct1lrell thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in caso of fire or catastrophe:
Adequate ingres~ egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o lItfect or _ Affect mitigated by
L Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible u7e w.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,
MEMBER:tJZ/
f'o"~(- OJ
DAlE:
EXHIBIT A
PI16 E ).. f1r r
I ? A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-1324S
The following facts arc found:
J. Sections 2.03.02.E.1.e.5 and 2.03,07.L.5,e,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 &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 & e/!l'Css
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ffect mitigated by lAY' I q,tJ~h sn Ptu-A "{71J/..1S
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes L No _ J,vr17-/ :$!7P",,*17()~S
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/']../ /0'1
}
~~. Jfi-n~ 74,{v{ [l~
EXHIBIT A
P!/~! :3 (J;:9
?A
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 Ollt adversely affect the public interest and win not
advetSely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the 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 ingress & egxess
Ye.X- No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or 1A-.. Affect mitigated by M'f (>UW
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes.1.... No_
Based on the above findings, this conditional use should, with
recommended for approval to the Board of Zoning Appeals.
DATE: ~"\ '2.[ 'ZaPl
MEMBER:
~r!b '0 $u> \f~<<""
exHIBIT A
/1'1' f.lf t't:- 9
I? A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
I? A
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 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'/ 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
Based on the above findings, this conditional USe should, with stipulations. (copy attached) be
recommended for approval to lb. Board of Zoning Appeals.
DATE: f-~ I'd,!
MEMBER:
7:,.~~
EXHIBIT A
fJl/fi e S" tJ" 0/
J ?A
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,Q7,L,5.c,v, of the Land Development Code
authorized the conditinnal use,
2. Granting the conditional use will nnt adversely affect the public interest and will not
adversely affecl other property or uses in the same district or neighborhood because
of:
A.
Consistency wi~e Land Development Code and Growth Managemenl Plao:
Yes -'- No_
B.
Ingress and egress 10 property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fu-e or catastrophe:
Adequate ingr7& egress
Yes No
c.
Affects neighboring pr~. es in relation 10 noise, glare, economic or odor
effects: 11, -
_ No affect or _ Affect mitigated by tfJ...-
_ Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
Compatible use ~n district
yes-L. No_
D.
Based on the above fmdings, this conditional use should,
recommend fo approval to the Board of Zoning Appeals
tipulations, (copy attached) be
)
~
..,
DATE: ~
MEMBER:
EXHIBIT A
fIJG! 6 oP 9
/ ? A
FINDING IOF FACT
B'I.i
COLLIER COUNTY PLANNING COMMISSION
I
FOR
A CONDITIONAL USE PETITION
F(i)R
CU-2008-AR-1324S
The following facts m-e found:
1. Sections 2,OJ,02,E,l.c.5 and 2,OJ01,L,5.c,v. of the Land Development Code
authorized the COllditional use.
2, Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the smne district or neighborhood because
of:
A.
Consistency w~ Land Development Code and Growth Management Plan:
Yes_ No_ '
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and peaestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate in7 & egress
Yes_ No_
~:~eighboring properties in relation to noise, glare, economic or odor
e7~,_
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
B,
c.
D.
Compatible use within district
Ves ~o_
Based on the above findings, this conditional use should, with stipulations, (c
recommended for approval to the Board of Zoning Appeals,
DATE: S/,,jfJl
I
EXHIBIT A
v'/'tf'L r....~/
,PII~~ '7 111= C'j
?A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
(1J-2008-~-13245
The following facts are found:
1. Sections 2.03,Q2.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
advelllely affect other properly or uses in the same district or neighborhood b=use
of:
A.
Consistency '7 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, tTaffic flow
and control, and access in case of fire or catastrophe:
Adequate ingres;& egress
Yes.3L No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: / ~' .
_ No affect or ":/-Affectrnitigated by ~~i()..f(,OO{;s..)dJ.(~
_ Affect cannot be mitigated tlC(}/KM.( ~dl(j.likS
D. Compatibility with adjacent properties and other property in the distTict:
Compatible use within district
Yes~ No_
Basad on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE: ~//c1t
MEMBER: ~i~ - y: ~;/c
EXHIBIT A
fJ~(;1! i' ~Cf
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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 ~d Development Code end Growth Management Plan:
Yes_ No_
Ingress and egress to property and proposed sttuctures thereon with particular
reference to automotive and pedestrian safety and conveniet1ce, traffic flow
and control, and access in case of fife or catastrophe:
Adequate ingr~ess
Yes_ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~mitigatedbY b...o fl.-..~,...,
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
B,
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: 5"/1..I!o 'j
/ ,
HEM&eR
ClI.".~1AH:
exHIBIT A
fJ/iti8' CJ tIP Cf
Resource Recovery Park
CU-2008-13245
Legal Description
Irl'QM PA/fUo.A.NIt\.y 0E0IJtD ,,'$ lOlJ..OWS:
arC'..., ....T THr S"t)lJ,Hf.AST CORfoF.it ~ srCl10N 2'. "'OVfIlSIotp 49 SOU'"1-l, f1"~Gf:' '6 EAST. ,..rNCr N~9'50'DQ-W. ALONG 'THE' S(),;1"i :INE aF
SAlt SECTION ZS. A DISTANCE OJ' 26.... ge ru;:r ":'0 A POlJolT 01\ 111[ SO\)1l1 1/4 COR!<<R or S.-IO Sl:CTlDtrrI 25; l'hCNC( CONflt<lUC
Ir4B9'5O'09-W, AJ.Ofl'C THE' SCK;TH LINt OF SAl~ S(C11ON' :Z~, .... OIsrAHC( Of 2'547.99 rtEr 1-0 rw:: SOUTHWEST CORNER OF SAIO StCflOH 2~
l'lift,ir.~ )l.lOl1'lr,.,,"w folOHG TPf. ~'S,. U"'-r or 11-'( SOUTHWEST 1/4 OF S"k.'l stC'l"lON ,~. ,. OISTI\\1Cr. OF 10'~,~~ mT; MNcr
~81t't,'5'S-r~. A r.ISTI<NCf. Of 680,;7 n::~"j ""fNCE NaCnR'llIZ"W. " D1ST^"'CE OF 111J.38 HET: THtNCf: S89.Je':,)8~W. A orsTN'tCE' 600.67
il:a TO ~HE ~n 1/4 CMf<l[R or SItlO sr::C'nOIlt 25; 1'rf)tCE N00"2T11.W. A orSTAHCt " 6n 12 rEtt TO tHe WOItltj'M:ST CORNER fY
ltlt SOUTH~.s:l 1/4 Of" n.u: 'SOUlJ.O'Ift.'5r 1/4 a: ~Hf NOIH",~sr '/4 Of SAJ.J stcTlOt\ 2~; THf"lCE NlW.3.,fSO'"E. A OISf.\NCl OF 2641.31
~U:I 10 A POIHl ON ,..[ [AS' UN{ Of TH[ NORm'M..'51 ,. or SAID 5EcrfON 2~: THr.NCt. C(lN'lI"fJ(: NfI9'3J'!lilt'(, A DtSlANC( Of '320.71
.ttT: 1liENCE S~'''9t, A OISTANct' 01 1JiO.1)2 IT:E,: ~tNCE $Mf48'WW, A. i)/STANC( Of 659,16 rEEl; mENCE' SOCJ'29'08"r, A.
DtSTAosa:: OF' 91880 rE!:T: MNCf. N89'S5'25t:. A DtSTN.lCC Of 6S8 82 ref:!: !110lC( NOO'24'2r~, A !lISTI.NCC OF !eO,Ie; 1l1rtiCE
,~e!)..ta't2-r, A OISf"H~ or 993....' FttT; T'*:HCt SOO'j5'1G-!, A orS1,f,HCE' Of f!e:2.H rn:l; nDtr:E NIJ9'S5'ZS"r, ... OIST.a.Nct 0(: :HUI3;
""1:NCl' 500'40"3'1". A. Dt'iiTANCf OF n6~.07 mT fa TH: Pl):NT ~ 8'FC1N"II'fG
::;OH~'NG J4-4,1 At.;k[S, >>OR( M ~S.
Exhibit B
I ?A
_I.. ..,..1....""
-'1
!ill
"
~~
~~
I i Rill
I
I
~I'
t n, I
~h
,
!
n 'II
~ I
$ 1"
N n 'I'
i~ ii,
~~ I
~11
I I
I
II
fi
il'
l
,
i liWi 'Ii 'F w; ;rp p~ti lit i
I Gilf hi IiI Jill :H It~tj i~fq
I tH~ lil'!l ~t,l ill! im". il
I tilf ." r~ II~ ,}! 1 i 1ft
I ~~if i! If W ~li~ i ;11;;
~ _J
1-'--
I
ilUI
,ill
i'd
ill
;11
'U
{
.
I
mg
...
I
~
~
.
II
jiig
o~~
II
" j.:--
rkH ~
-Wi" ~
PBSJ :.J(J()....., CJPn~. S"..I 5<.11. XJO
l!l '_1'Ir;rtr,J.JlJOl
:t J;~.1~tj) ;!ii!,~~)
ED Mlp:/I~"""."h)com
"
Wg
~~~
.
I
I
I
,I
il
.
I
I I
II o~
I Hi ~
~ , d ~
~~ ~ ~ i s;
~!~ ~ ~ ~
l~~ ~~
;5'= -,
..i ~
!~ ~
.
?A
,
I
!I
I,
i i g~I!I:i i
I . 11lj t
I I: ..:e: J !:
: . ~i ~!~
: ~ ~dM
'ml~
!W
"i' !
h~~
W'
" s.
".
,.
n,
n
,
,
~
;;
~g
I ~e
III ! . o~
I :!
! I
i-'
I
I
,
I
i]
\ I
I
I
II
II
I
III
. ~
~
~I ---
il~
March 11,200e
R8vl...d June 1, 2009
COiICeplual 51le Plan
Reaouro. Recovery Park
-.ad W_c. Ma"_.em.nt D.pe........nt
Exhibit C
..._...__.....__.f
I ? At
CONDITIONS OF APPROVAL
Collier County Resource Recovery Park
CU-2008-AR-13245
t. The Resource Recovery Parle shall be limited to that which is depicted on the conceptual site
plan. identified as the "Collier County Resource Recovery Park" dated March t I, 200S and
last revised June I. 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 detet111ined or otherwise agreed to by the County, then the County shall
provide access to the outparcels identified on the Boundary Survey as #40, #41, 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 pennanent access onto 31st 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
S, 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;
11. A 200' wide preserve buffer shall be provided along western side of property;
12. Processing of yard waste shall be on the south side of the property as much as possible with
staging to the north; and
Revised 6/23/09 to reflect CCPC consent agenda changes
EXHIBIT 0
I 7 A
ACCOUNT #068779
October 5, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13245, Resource Recovery Park
Dear Legals:
Please advertise the above referenced notice on Sunday, October 11, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
?A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, October 27, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
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
1) A "COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY",
PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) 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 EAST OF
COLLIER BOULEVARD AND 1 MILE NORTH OF WHITE LAKE BOULEVARD IN
SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
Petition: CU-2008-AR-13245, Collier County through its Solid Waste
Management Department, represented by David Deans of PBS & J, is
requesting Conditional Uses 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
1) a "Collection and Transfer Site for Resource Recovery,"
pursuant to Collier County Land Development Code (LDC) Section
2.03.01.A.1.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
2.03.0B.A.4.a. (3) (b) of the RFMU District for a project to be
known as the Resource Recovery Park. The subject property,
consisting of approximately 3441 acres, is located approximately
1.5 miles east of Collier Boulevard (CR 951) and one mile north of
White Lake Boulevard, in Section 25, Township 49 South, Range 26
East, Collier County, Florida,
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
7A
If recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
_.~-_.~->,,-_.._...,--.-..~.__..-~---,..._.__._,._--_.,-
October 5, 2009
fe~nt~ore'611ier
~ ""t::, ,
CLERK OF THE h~RCUIT COURT
COLLIER COUNTY COUR'!\HOUSE
3301 TAM1AM1~IL EAST
P,O, BOX 4\3044
NAPLES, FLORIDA'i4101-3t)44
1\, '
^~~,
'7 A
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
PBS & J
Mr. David Deans, P.E.
482 Keller Road
Orlando, FL 32810
Re: CU-2008-AR-13245, Resource Recovery Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, October 27, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~nnejt~o-c
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Ann P. Jennejohn
! 7A
From:
Sent:
To:
Subject:
Ann p, Jennejohn
Monday, October 05, 200910:51 AM
Naples Daily News Legals
Resource Recovery Park CU-2008-AR-13245
Hi again,
Please advertise the attached on Sunday. October 11. 2009.
~
~
CU-2008'AR'13245
,doc
CU'2008-AR'13245
,doc
Thank you aaain,
Ann J ennejohn
Clerk to the Board
Minutes and Records Department
239-252-8406
Fax: 239-252-8408
ann, ienne iohn@collierclerk.com
1
I 7 A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Monday, October 05, 20094:01 PM
Ann p, Jennejohn
Ad Confirmation
UASAB8,jpg
Thank you for placing your ad,
Date 10105/09
Publication NDN
Ad Number 1819785
Total Ad Cost $359.42
1
NOTICE OF PUI3UC !-IEARING
Notke is hereby siyen that the Bo,ard of
County (ammhslOners, ilsthe BQard of
Zoning AppEah, of ColliN CO\.lnty will
hold.. public heaTing on TuesdaYt Octo"
ber 2.7, 2009, In the Boardroom, )rCl Floor,
Administration Building_ Collier COLlnty
GQ\iernml;nt (enter, 3301 Ean Tamlami
Tr<lll, N<lples, Florida Th.. meeting will
begill at 9:00 AM. Thlil Utle of the pm-
po-;.x:I resolution is as -follows:
,
7A
A RESOLUT'ON OF -:-HE BOARD Or- ZON-
ING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTAB~
L15HMENT OF CONDITIONAL USES FORA
RESOUIKE R(COVERY FACILITY WITHIN
THE RURAL AGRICULTURAL ZQNING DIS-
TIlICT WITHIN-THE NORTH BELLE MEADE
OVEltLA Y AND RURAL fRINGE MIXED USE
DIS'fH.!CT (HfMUJOVERlA'{ FOR SENDING
AREAS TO ALLOW
1) A "(OLlECTIQN AND THANSFERSITl
FOR R[SOURC[ HECOVElly", PUJ(SUANl
ro COLlIER (OUNTY l.AND DEVELOp.
MENT CODE: (LDe) SLeTION
VB Cli.A_1,cI2; AND 2) "PUBliC fAClLi.
TIES. lIKLUDINGSOLlD WASTE ANDRE.
SOUll.C( H[(OVERY FACILITY" AND 'PU-
iJ.L1C V[Hl(L.( Ar~D lQUWMENT STORAGl
AND REPAIIl. FACILlflE'i" PUHSUANTTO
LOe SECTION 2.r11.08 A<la.(1}(b) FOR A
PIlOJE-CT fO EE KNOWN AS THf RE.
SOURCE RECOVERY PARK ON PROPERTY
i.OCATED APPROXIMATELY 1SMILES
EAST Of COLLIER BOL:tEVARD AND 1
MiLE NOHTH OF WHITE LAKE BOlJLE-
VA~D IN SECTION 25, rOWNSHIP 49
SOl.lTI-1. I<:ANGf 26 EAST COlUfR COUN.
TY. Flor~ID,A ,
Petlticr- CU.200S.AR-131.45_ CclJif!r Coun.
ty thlOiJgh lIS ~Qlid WilSt& Milnagemllont
[)li'pilrtJT1l!nt. r~pr@sented by ClaVlo Dllam
ci, PH:. g. .I, T~ r@C;.leslIng COrld",on.J1 U$,f!S
'NIIl-lln Ihl:' Rural AgflC,"ltural Zon^lng DI~'
trlr! within The Nann Bell@Meadi''Over-
lilt and flUl,,1 hH1g~ MLxed Us;,. Olsn;o
(~:'\jMU} OVf!rlay for Sending Areas te al.
n.~ .Co:I..[1000 BndTmr.'ifE'1 Sit~ br ft....
<;()urc~ He-rov@ll'," pursll.ant to C<:"lllil'!r
COllnty liLnd D>l\lli'lopmi!nt Code I,LDC)
S.[,>ctrQi\ ;- 03.,OI.A.l (,11; and 2:) .Public
Fac]lit,@s, inciuding SalidWaS1@and R@-
~ourc... Recwery f<<cll,ty" and .PtJbIICVf~.
hlcle -"nd Eq'Jlpme>m ':ilOragll and Rep,.H
F;;(iI,tl€~" piJr~U"ilt to lDC Section
1.03.tJ3.AA.d.(]){b) or rh@HF-MUDistncl
ior a pmJ"ct to. be k.no\"ll1 as the Ret;OIJfCe
Ri'w\,,~rYPillk. The> subJel~ propeny. con.
sistlng of ,~~,prm:;mat@ly 344" ane'i, LS k.-
ci'l!€'(1 apprOl<:imate,I!>' 15 miii:'s@astofCol.
I,er f]:odle1iilrd \(I'l QS1) a'ld ane mile
11crlh (:If White lilkt>. !:lauleVMd, ill Section
15, IUVlJfl\l-,i[J 49 <'ollth. RJnge 26 East.
Collif'f (o,mty, flClid,l
NO' ~. All Persoll~ wi~hirrQ 10 ,p~ak on
any Jgend<.i iri!m mu'.t r~lstE!r whh thE!
CallrTly Admini,uiH<)r pnClll) presenta-
tion at thE' ,19e-r1d~ it..m to b.. addrli!,se-d.
Ir,divid'Jal ,pgak@(s will be limited lo 5
rnirlL'l"'~ c,n i1'1yhE'lTI, TheH!'I@I.-tion of ari
individual to speak on b@halfofanorga
ni;;:nwn or omlJp is encourage-d.
It retognlled by lh~ Chair, a 5pok@,~pel'
,an tor il grOllp or orgar>iz,ltion may bt'
allott".d 10 ;nlnIJT~ to ~p"'ako(1 <In It@l"1'l.
F'~r~(ll':' wilhing lO h<1\'," wrimm or graph.
Ie lllilH.rials Indlld@d in H1@ ao.:~rd iJ.g.lf1da
pa(kl2'u, ,mu~l ,l<l)mit. ,aid ffi<ltt'riill iJ r1~in.
Irnun,Ol .1 WE''''.ks prwr ro thE' u!$p@o[llvi!
publl'; h~arin9. III ",ny (a~e. wdrtp.n ma
led;'!h inten~i"t1 to he cc>m'idered by the
Board ~,hd! bE! :,ubmltted to th@ii1pp"Opri.
<l10l (~'Wlty~t"i1f oil rninirr-um of sevro,n days
priorlCltlle-putJl'rchlO'armg. All mate-rial
iJS.,c!,:l prl:',ent,ltlon~ bef(J(e the. Board
.../,11 i.Ioi'((J'Tl", ~I p8'manl'lnt pan ~~l tne re-
wro.
:,ny pi?;r~cn who decides to app@.aladi;!ci-
,ion of the Board will nOled a. remrd of
tll", pror<:t!>ciings pertaining th..reto and
ther-=il.lfe, nHY n"lld to ~m~llre thaT a v@r
bat.'lll r..cord <:t thElP(Q<:;t!'edi!195 i~ made,
whlrh record InrlLJdes the test,imony .:md
,"Iid:>ncf' upon which lhe o1ppeill i:. bilsed.
If you i;we.;J peloon with <l di.abilily who
Ileed, d~'Y ,le,commodation in order to
piin:ir.:I),ne In tl1i, procf't'.Qlflg, YOIJ ;;Ife en-
litloo:J..lI no {OSI w you. to U,e provi~ion
d u'rtam ,}~slsran('~. PI~asecontilClthe
Collier Cow,tl' Filtililies ManilgemelltDe-
parj.Il(~l1t. ICC<lIf.'d ,It 3301 Tamiarni Trail
l'<l5t. bu-lciing W. Naflles. Florida 3"112,
(l39)252.IHSO. M~i$led li;tening devices
10: the he-aring impailed ale a\lailabl:;: in
th",CrJur,ty (onllfli,sion",''i' Office.
bOARD Of- (DUNTY COMMISSIONERS
bOARD Of ZONING ,ll,PP~ALS
C.OU.ltR COUNTY, fl(Jl(IOA
;mNNA FIALA, Ci1Ai1~MAf'I
i)WtCiHT f. llRo...'"l<, CLERK
Gy: A',n knne)otm. DepiJtjl n~rk
c;i;:,\Li
Onuher 11.2009 No1ill'JJ85
!
?A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
....*.........___.........._**..........................*~~*..**.....*.l**.**I**..**.***.*.*.*.*~
Originating Deptl Div: CDES.lZoninll. Person: KaYDeSelem,AIC~ Date: '11~3/f!J ~
Petition No. (If none, give brief dl;:scription): CUa2008-AR-13245, Resource Recovery Park
Petitioner: (Name & Address): Mr. DaviJ Deans, P.E., BCEE. PHS & J, 482 Keller Road. Orlando, FL 328\0
Name & Address of any person(s) to be notified by Clerk's Office: (It more space is needed, attach separate sheet) Collier County
Solid Waste Mgmt, Daniel Rodriguez, OiL, 3301 E. Tamiami Trail, Bldg. H, Naples. FL 34112
Hearing before Bee
BZA
Other
II ff 0/ pt'f
Based on advertisement appearing 15 days he fore hearing.
Requested Hearing date:
Oct
Ncwspaper(s) to be used: (C plete only if important);
xxx Naples Daily News Other Legally Required
Proposed Text: (Include legal description & common location & Size: CU-2008-AR-\3245, Collier County through Its Solid
Waste Management Department. represented by David Deans of PBS & J, is requesting Conditional Uses within the Rural
Agricultural Zoning District within the North Belte Meade Overlay and Rural Fringe Mixed Use District (RFMU) Overlay tor
Sending Areas to allow I) a "Collection and Transfer Site for Resource Recovery:' pursuant to Collier County Land Development
Code (LDC) Section 2.03.01.Al.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.A4.a.(3)(b) of the RFMU District
for a project to be known as the Resource Recovery Park. The subject property. consisting of approximately 344.1: acreS, is located
approximately 1.5 miles east of Collier Boulevard (CR 951) and one mile north of White Lake Boulevard, in Section 25,
Township 49 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No It Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by
_ rn.l~ ~61
D' ision AdmlOlstrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUcrlONS I
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review. or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office wUl
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a cop)' for file.
****************.************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Datc Received: ( () (I C- Date of Public hearing: II liD! DC:; Date Advertised; l2ja...s;f0-9
. ___.___._____.~._,...._~~_;_".'w_.,_~.._~~.,~--..-._._;_"'-'"
f 7 AI
Teresa L. Polaski
Subject:
G und lach Nancy [NancyGundlach@colliergov,net]
Thursday, October 15, 2009 8:25 AM
Deselem, Kay; Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff;
LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather
CU,2008-AR-13245, Resource Recovery Park -BCC Hearing Date Rescheduled
From:
Sent:
To;
Good morning,
This petition has been rescheduled from the October 27, 2009 Bee hearing date to the November 10,
2009 Bee hearing date, The reason for rescheduling is because the Naples Daily News failed to advertise it.
Please adjust your calendars accordingly.
Regards,
Nancy
Nancy Gundlach, AICP
Collier County Principai Planner
Community Development and Environmental Services
2800 North Horseshoe Drive
Naples, FL 34104
239-252-2484
fax: 239-643-6968
nancvaundlach@collieraov,net
1
I 7 A
RESOLUTION NO, 09-
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
1) A "COLLECTION AND TRANSFER SITE FOR RESOURCE
RECOVERY," PURSUANT TO COLLIER COUNTY LAND
DEVELOPMENT CODE (WC) SECTION 2.03.01.A l.c, 12; AND 2)
"PUBLIC FACILITIES, INCLUDING SOLID WASTE Al'<'D RESOURCE
RECOVERY FACILrry" 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 EAST OF COLLIER BOULEVARD AND I
MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25,
TOWNSHIP 49 SOUTH, RANGE 26 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. 2004-41) 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 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 (LDC) Section 2,03.01.A.1.c.12; and 2) "Public Facilities, including
I
!
7A
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 1O.08,00.D, of
the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be beard by this Board
in a public meeting assembled and the Board having considered all matters presented,
NOW. THEREFORE, BE IT RESOL YED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-2008.AR-1324S filed by David Deans ofPBS & 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 I) 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 "D". Exhibits "A", "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 _ day of
,2009.
2
ATTEST:
Dwight E. Brock, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
HEIDI ASHTON-CICKO
Assistant County Attorney
Exhibits attached:
A.
B.
C.
D.
08-CPS-00845138 HFAC 6123109
0~!\L- \0'\
, '1'1,
L.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
;
74
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, Chairman
3
, '7 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
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
llUthorized the conditional use,
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other prope1iy 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 ~ffect mitigated by 11M ~ ~ S:r.);..J.,J, '---
_ 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 Z<Jning Appeals,
DA IE: E' ...1.-( -0 ~
CHAIRMAN:
tAA~
EXHIBIT A
P/lUrE:J. ~I r
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-13245
The following facts are fotllld:
1. Sections 2,03.02.E,l.c.5 and 203,07,L,5,c,v. of the Land Development Code
authorized the conditional use.
2. Gnmting 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_
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 !llfect or __ Affect mitigated by
L Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible u7e w'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,
MEMBER:t/Z ;/
f''''~!-()l
DATE:
EXHIBIT A
f!lrie ).. t1~~
_ _>._'"'M_'__'_""_"_'~~_'_""__'~~_"_>'~~_"""_"'''_~.,..~.._._.~~,_._-------~-~--'-
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-1324S
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 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 arid convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
yes:L No_
e, Affects neighboring properties in relation to noise, glare, economic or odor
effects :
_ No affect or ~ffect mitigated by 1A.Jt!.L.M.DC~ .J17PULAT70f.E
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No _ JPrn/ ~pk.t-I9-17(J,<JS.
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/U 101
J
~~. ~rrA ~.td~~
EXHIBIT A
PI/ftt 3 o;:q
t
7A
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.J.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
advexsely 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 1L. Affect mitigated by SWt PUW
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings, this conditional use should, with ipiliations, (copy ausched) be
recommended for approval to the Board of Zoning Appeals,
DATE: ~'i '2.{ '2arI
MEMBER:
Q.r!&'O $UI>\'f\?:~
exHIBIT A
/1(" E "I t'~ r
"~'., __w.__~.........__.,v~,_......,__~~,_.__~._'"_'_ ._""". ..~.___'".~... UM_
f 7 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-20Q8-AR-13245
The following facts are found:
I. SectiOllS 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 V No
B, Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safely 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
_ 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: .r-~ )'~'1
MEMBER:
~~~
EXHIBIT A
MGe S- /If 0/
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-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 wi~e Land Development Code and Growth Management Plan:
Yes.i.. No_
B.
Ingress and egress to property and proposed stnlctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of flre or catastrophe:
Adequate ing7& egress
Yes No
c.
Affects neighboring pr;:' es in relation to noise, glare, economic or odor
effects: I!i-
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use ~n district
Yes-'-. No_
Based on the above findings, this conditional use should,
recommend ,fo approval to the Board of Zoning Appeals
~: )
~
...
DATE: ~
tipulations, (copy attached) be
MEMBER:
EXHIBIT A
fIJG! 6 oP r
7A
FINDINGjOF FACT
BiY
COLLIER COUNTY PLANNING COMMISSION
I
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The following facts are found:
1. Sections 2,03,02,E,1.c,S and 2,03,07,L.5,c,v. of the Land Development Code
authorized the c011ditional 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 aM proposed stlUctures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
~d control, and access in case of fire or catastrophe:
Adequate ing7 & egress
Yes_ No_
^!:-:reighbOring properties in relation to noise, glare, economic or odor
e77~,_ ,
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
B.
c.
D.
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (
recommended for approval to the Board of Zoning Appeals,
EXHIBIT A
DATE: S/,/07
I
MEl-\66R..
,-u4.\.
t/ /'6' L ,/.; i7'r7'r/
~/}r;e 7 i1r 9'
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-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
edversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency wi' the 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 in7 egress
Yes \ No_
C. Affects neighboring properties in relation to noise", glare, economic or odor
effects: / ~ '
_ No affect or --i- Affect mitigated by <Sf'~",l(L'HrJW:. 'lJs./d J I~
_ Affect cannot be mitigated e C ~ t1.COVKM.( ..d,(,HPkS
D. Compatibillty with adjacent properties and other property in the district:
Compatible use within district
ves1 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: S/:l/ /tJt?
/ /
MEMBER: ffiM -9 ~~/c
EXHIBIT A
fJt1~e l' ~Cf
I 7 A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The following facts are found:
1. Sections 2,03.02,E.1.c,S and 2.03,07,L.S,c.v, of the Land Development Code
authorized the conditional nse.
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 SlIUetures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Ad~~tem~~e~
Yes_ No_
C. Affects neighboring properties m relation to noise, glare, economic or odor
effects:
_ No affect or ~mitigatedbY 6,..""0 ~~~'''"t;.
_ Affect cannot be mitigated
A.
D. Compatibility with adjacent properties and other property in the district:
Compatible use withm district
Yes~
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
l'ecommended for approval to the Board of Zoning Appeals.
DATE: Ii Iv!o ~
, I
MEMBER
0l1'.lRMAN:
EXHIBIT A
fJfi08 " rJP 0/
7A
Resource Recovery Park
CU-2008-13245
Legal Description
~Rt flAlU'OJI..Ntl.Y DEblDED.l.s 1~'NS:
8fGlN AT THF S'Ol.!rH[AST COR~ Cf" srCTlON 2'- "OW'llSri:.r .(9 SOU"'H, R"~Gt '6 fAST. "':l'f)~cr N!9'SO'OQ"W, ALONG M SOOT'-! ;INF. "
S.lC SECTlOW Z5. '" OtSTANCE Cr 26-4] n r..[T '!o A POl~T 01\' Tilt SOU1l1 1/4 CORNrn or: 5",10 S[CTlQN 25; ntOfC! CONfI"NU(
1ole:9'<jO.C9"W, A1.OKC lH[ SOCTH UN! {)f' S~tJ 'if COON 2~. A. OIsr.&NCE lY 2641.99 ru:r 10 tHE: SOUTHwtST cmNEA OF' SAIO SEC~ 2~
lHft'C!; :'\IOO'27"3"w IotCMG wf. ~'ST Ut.:F.: Of' 1l-'E" SOUTHWEST 1/'" OF SA...') S!:C,"~ '5. A. OISTA.\lCf.. OF 10'~.~ rrE'T; ~g.Jcr
'1R!i'-45.~TF::. A r.1$TAAcr: OF &60,Q7 fF.~...; ':HfHCl;:" NCO"2A'e.r.... '" OIST^1\I~.E (Y" e73.36 HET: THENCE sa9"38'oe.W, A Q1STAftCE' E6C,67
"TEl TO ~HE WEST 1/+ CORN~ or SA.1D Sr:CTlOIll 25; n-ctCE NOO"1:T'l.W. A QISTANCE ~ 1572 12 rtCf TO THe NO'tTU'tE:ST COfiNER Of'
If-l( SOUlHwt5:1 1/4 Of llu: SQUll-i'o'/Uf 1/4 0" 'H( NOIHHw;.Sf 1/' Of SAic.l S!c1'lOI\ 2~; fHll.{CE N6go.3.J'SO"r:, A OIS;TANC( ~ 26.1.37
n'(1 10 A POlkl (J.l lH [Ast UI'K Of Tl1[ !oi{RTII'M:.'5il .1'. or SAID 5(cr.cti 2~: l'tttNCC. CCH'lI"fJE: NlI!)'3J,'~.[" " DtSTA.NC( OF \320.7f
i'E:tT; 'TH(NCE SOO"}O'.,9PE, A OlSTANC'Z OF D6.0.52 FEC; ':l1ENC'.E sa9.<l8'll~W, A iJISTANC[' 0; 659.76 Fa:T; THE'NCf SOO'29'08"[. A
01ST...~cc: Cfi 67880 rE!'T: THENCE Na9"5S'25"'E. A DISTANce 1:;6s.8 82 ren: '!ltENC( NOO'2~'ZrW, A OIST1I.NCC: OF Ua.l&, 1l1[NCf
_"'eo,.t~n2"t, A O~Sl'ANcE or 993." ruT; f\tt~cr: SOO"jlfla-E, A orSfAHC( of 6e2.21! F[El; 'fl-etcE NB9"S!J'25"f. A OlsTmct OF 3.5I.U:
1kE"Ncr SOO'40"3PF. A OI'STANCF or 1)55.97 r:t1T TO Tl--'E PO:NT CE SFGlNNING
CONrMY,!..IG .5.....,) ACkCS, .wOR( OR US!>.
ExhIbit B
_I... 1.1...."
'-'-..:,:""-"
· 1111r it" il~ IW ~ir lIi'f" P' ~
III I i Jli if ..< ~!il '11;' iff ~
II aitf IU fl[ mt :iiJ ll~tj ffJ ~
, I-hh I!R R tSR'IU fil' It}
i41 : IfllJ i; I~,R i-,; IlJ! ,,'; Ixt
II I Jf I" b I h ~ 1.1 I t ~ I iii
't~ Ii tj If ifF f ~i If
~ I I .'
~ ~
nj_'_ n__
I
~~
~~
>,
ill
ill
.
.~i
f~~
'~I
I
rill
!111 \,Jl :
I' :
I .
, I
I I
n
r
n hi
~ II
~i !fi
~~ i
~/1
I
I
.
I
m~
Ii
j"i
III
I
;
..
i
?D
~
.
II
,I i;-:--
,kil' ~
!HW ~
i~g
o~~
II
.,
PBSJ j~II'''''C~;.Slr..ISUI''~
~ f_a.FWit1. J,JIJOl
r.. (8IJ)282-12~
Fo..(IIlJ)1lJ6-110}
CD A/lp://"".._,.hi~_
::;
w~
l'~
.
I
I
Ii
il
I.
II o~
~ i U ~
, ~ ~$ ill
~ ~ U ~
~~. ~I ,.
..~ ~ '"
5'~:lI '" m
I~~ h ,.
;;:5 - 2
-i. ~
i. B
z
Conceptual Site Plan
R..oure. R.cOViMY Park
.olld w_~ >>ana,_mant D.partm_nt
.~_'''__'''..'''''''f
Exhibit C
I
r
,
!!
it
7A
I ~' 'r"
1'1 : i gDII!'~ ~
II i! i~~' ~
I I .~~i .
:: . . ~~!-;!:
': ! i~ll!~
[~~~~~~
'ma
'w
;;t....~
~~e~
!.o~
..Is
::'i'"
~;
,
i
I
..
~~
H
cp
. .
!
I
Ii
If
I
,
I', :
II :
. I
~ I
:--1
I
I
I
I
r-\
111
:: I
"
"
"
"I"
I"
(I:
. I
,
,
I
~
~
ilf~
March 11, 200'
Revl...d Junl!l 1, 2D09
CONDITIONS OF APPROVAL
Collier County Resource Recovery Park
CU-2008-AR-13245
7A
,
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 II, 2008 and
last revised June I, 2009, prepared by PBS&J; and
2. The site plan noted is conceptual in naturc for Conditional Use approval. The final design
must be in compliance with al1 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 Vse approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application, and shal1 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 othelWise agreed to by the County, then the County shall
provide access to the outpareels identified on the Boundary Survey as #40, #41, 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 Vse
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 ofthe 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;
11. A 200' wide preserve buffer shall be provided along western side of property;
12. Processing of yard waste shall be on the south side of the property as much as possible with
staging to the north; and
Revised 6/23/09 to reflect CCPC consent agenda changes
EXHIBIT 0
7A
ACCOUNT #068779
October 16, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2008-AR-13245, Resource Recovery Park
Dear Legals:
Please advertise the above referenced notice on Sunday, October 25, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O, #4500096189
7A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, November 10, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
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
1) A "COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY",
PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) 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 EAST OF
COLLIER BOULEVARD AND 1 MILE NORTH OF WHITE LAKE BOULEVARD IN
SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA,
Petition: CU-2008-AR-13245, Collier County through its Solid Waste
Management Department, represented by David Deans of PBS & J, is
requesting Conditional Uses 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
1) a .Collection and Transfer Site for Resource Recovery,"
pursuant to Collier County Land Development Code (LDC) Section
2.03.01.A.1.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) of the RFMU District for a project to be
known as the Resource Recovery Park. The subject property,
consisting of approximately 344i acres, is located approximately
1,5 miles east of Collier Boulevard (CR 951) and one mile north of
White Lake Boulevard, in Section 25, Township 49 South, Range 26
East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
7A
If recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
October 16, 2009
,-----,
!et}\lP~oreQllier
CLERK OF THE CIRCtJIT COURT
COLLIER COUNTYCOURTflOUSE
3301 TAMIAMI T:8AIL EAST
PO, BOX4l3044 \
NAPLES, FLORIDA'\4101-3?44
,.~~ \
't'''\ /'
I 7 A
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
,':.
PBS & J
Mr. David Deans, P.E.
482 Keller Road
Orlando, FL 32810
Re: CU-2008-AR-13245, Resource Recovery Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 10, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 25,2009,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~\A_~~~C'--~~~
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierc1erk.com
Fax (239) 252-2755
Email: collierc1erk@collierc1erk.com
! 7 A
Teresa L. Polaski
To:
Subject:
legals@naplesnews,com
CU-2008-AR-13245, Resource Recycle Park
Legals,
Please advertise the following on Sunday, October 2S, 2009, Thanks
~
CU,200B-AR,1324 CU,200B-AR,1324
5,doc 5,doc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po las ki@collierclerk,com)
1
Teresa L. Polaski
7A
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk,com
Friday, October 16, 2009 8:36 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
ATT16787,txt; CU-2008-AR-13245, Resource Recycle Park
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
- ^.. '-'^,,,,~,.,,,_/",,.~_..=_.........,_...-.,..__._-
I 7A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 2009 8:51 AM
Teresa L, Polaski
RE: CU-2008-AR-13245, Resource Recycle Park
ok
From: Teresa L Polaski [mailto:Teresa.Polaski@collierclerk,com]
Posted At: Friday, October 16, 2009 8:36 AM
Posted To: Legals - NDN
Conversation: CU-2008-AR-13245, Resource Recycle Park
Subject: CU-2008-AR-13245, Resource Recycle Park
Legals,
Please advertise the following on Sunday, October 25,2009, Thanks
<<CU-2008,AR-13245,doc>> <<CU-2008-AR-13245,doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
IT eresa,Po laski@colliercl erk, com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
!
7A
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 2009 1 :03 PM
Teresa L. Polaski
Ad Confirmation
UAS14DC,jpg
ATTACHED please review your notice & confirm approval.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely
213-6061
placing your ad.
10/25/09
NDN
1821645
$369.74
1
NOTICE OF F'UBUC HEAR.iNG
N()lke: i, t'ereby given that the 30<lrti ()f
Ctlunt~ t(lmmi$~ionE'r~, i1~ the Bo<trd ()f
ZOI,.ng APP~ill~, of Collier (O~H1\'i will
hold iI public he~nng on Tuesday, No-
vember w. 2009, 1f)1;hl:' Ekl,)rdr')ont 3rd
F1or>r, Adrnini5trdtion BujldiMg, (ellier
C;)unlyC;"vell1fTli!111 (e"IBf, HOl F\l5tTa-
miami Tr~il, Napl!':,>. H,JNk,_ TI1'o'_ meeting
will bl':9ill .ll 9:00 A_M The litl/!' of the
r:lJQP(Y.o~ ,,,,,,~'IiJtiar; I",), fol,,)ws:
, 7 A
A i-lESOlUT:ON O~ THE HOARD OF LON
I~G APi>EAL$ OF COLllEF{ COUNTY,
FLORIDA, PROVIDING mR THE E'iTA~-
LI'iHMENT OF CONDITIONAL USE~ FOR A
RESOURU KECOVfRY FA(ltlTY WITHIN
THE RURAL AGRICUL rURAL ZONI~G CIS-
T~lcr WlrHINTHE ~IORTH BHLE MEAm
OVERLAY AND FlURAI fRIN(,f. MIXED V,f
DISTRICT (RfMUJ OVERl.AY FOR SENDING
AREASTD/\L!.OW
1\ A 'COLLECTION AND TRAN~FF.R SITE:
FOR RE'iOUI{(E RECOVERY". P(JRSUANT
TO n)Ulf~ COUNTY LAND DEVELOP-
MENT CODE ILDC) '>E(TION
2 OJ 0;..t\,.1 c 12; AND 2) . I'tJIlUC fACiLI-
TIES, IlKLUD!NG ~OLl[) WASTE AND Rf..
SOURlE RU:OVEflY fACILITY" AND .PlI
SU( WHIGE AIVD EQUIf'MENT STORAGE
AND REPAIR ;:AULlTlES" PURSUANT TO
we: Sfnl()~l 2.0:t\1B.A.4.J.\3J'(b) ~Otl A
PROJECT TO HE KNOWN AS THE Rf
SOURCr: R[COVERY PARK Qr1 PROPERTY
LOCATED AF'PROXiMATElY 1.5 MILES
EASl Of (OLtlER BOUlIVAflD ANI) 1
MIL[ r~ORTtI OF WI-liTE lM(E BOULf.
VAflD IN 'lECTION 25. TOWNSHIP 4';1
SOvrH, i'lMJGE 261'/1,51, COl.llfR (OUN
TY, FVJfl-oP.,
Petition: cu '2U08,AR' 13245, (<JIll!!r (QUil-
ty ~hrOLl9h j,t5 S.,lId W~s~e Man<lg~t'n,,"nt
L1ep<lrtment. repr,"serlted by DavJ!;J Deill1$
:::t PS5 &- J, 1,$ fequi!stlng Conditl<il1allJs<.'l,;
wIThin tl1l1 Rur<ll Agrlwltul'i'llltlnlr.g Db-
trict withll1 the Nortl'1 f)1.'1Ii!' MeJde Ovp.r-
l.;ly,;nd RUI 51 r'ring€' Mixed Use District
(RFMU) u.'€'llilV tor Sending.A."I!M ~l'J .11-
I&W '
1} 5 "(olll(':tion and Trans1"r !lit!:! fot K,,~
~OW(e Re~\)vf.'rY," purSlJatit to Colii>2"r
County L.'Ind DevelopnH!l'o1 'C.ode (WO
S('{tiol1 I03.0LA.lc:.12; a..,d 2)'Publi(
Faciiitles. h"ludil\gSolid Wa~te ~"d R~.
~OUr(~ Recovery F"c:llty" <It'\d .Publk Ve.
hlcle ilnd Eq~ljprTient Storage and Repdir
F.'ltllltles" plJrSuilntto tDC Seo:tioll
2.0~.o8.A.4.d.(mb) of tne RfMU District
for a projert w be knewn as thr.-RMour{"?
Re(;)very Parle Th,. subject prol)l;lrty, em.
sistir1g of apr:rr>XIt'n,nely 3441 il(re~. \510.
(;l~e.j >'lpprO:<imatp.ly 1S mllP:'; ea$'t DtCol.
lieI' B-oulevMd (CR 951}a11d on-e> mIle
MrthofWhitelakeEioul,.v.ard,fnS"cticn-
25, Township 49 SOlJlI',. Range 21; tan,
(~lIkr (("mty. FI(Jrld,'1.
NOTE All Person~ wishin\;l te, spe,;k on
<lI1Y agel1dd Item must register with the
(OWI1~y Admlni$~ratcr prior topn~senta-,
tlall 01 the> .;genda lt~m tc be <lddrl:Ssed
Indivldu<'ll spei'lker~ will be limited t<:> S
minut':?$ em any Item. The ~electiOt1 of Jr,
lnoividual 10 ~p~K on bl!halt of an orga-
nlzatiOi"l orgl'"upi~+:nw'Jraged,
If t<?~ognized by the Ch<llr, it spok",sper'
SOI1 tor;; group or orgar11zatlon l'11ay be
alk'tt~d 10 minut..-s to ICe'Oik ~'n an item.
P$:no,u ~~I~hing to ha"'l; w(itten or graph-
I~ m<1tel'l"l~ 111,:ILld",:;i In th~ ~o.wd <'l9(:r,da
i'ad,':?t. must s.!bmlt $...Id l11<1t"I1al ,1 min,
imum of J w~eks prl~Jr to the respe,;tive
publi~ 11e..:lring, In any ~<lse, wrltter'l mol.
lerlals lnterld",d to be (f"n~ld~reJ by the
Bo<),-d sh.,li l>~ ,I,.bmltted to the approptl.
ate-C(lu...ty~t<l(f amil'1lplUi'l'l "fswel~ dd\ll
ptlo' to th", publi~ h"'Ming. All r)'l.Jli'lliol
!.lIed ill pr~\ent.,ltior> b~Tutt.., the ElO<lrd
'<\1111 :;",wm.~ d perm.;.nenl pit 01 the r,,-
(crd
Any p"'l.on who di?-Cid<,~ 10 appO?-oill .. d,?,i-
>Ion of iil\! B0~rd will n~ed.. pw)rd of
Ih.... pr:l(el!'dlr1gs p'2-rlain1ng thereto and
therefore, m,pf n",!!d to e'1SU(etl)at<i:1I",r-
b.'1t'nl r>;>(ord ()f tl1.. rrccp.€dln~s is nude,
....Ndl recold Indl.ldl.'s .he II!'illlnony and
evldl;>t1(fi: IJpon whl,;h Ih'2- <lpp6--al i~ b<lsed.
If yo,l arE a p.mon '<\Iitr-. a <;ji~blllly who
neQ(lS any lI(~<:Hrlmod.ltlon In od!?r to
r;arikip;st.. In this proce<'>ding, }'<lIJ ar;:! en.
titled, at 110 (:),1 (0 you. to tll'? provIsion
of r.li!rtain aS$lsunte. Please contact Ii'll'
Collj"'t (out"1tyra('1I1t.I~s M:;rlil9~HTlent De-
partnllen1. lotqled ai 3]01 T<lmlllrr,j Trail
Easl,lluildlng W. Nao:es. F1Nida 34112,
(239)252.8)80. Assisted liSlp.f1lng devl,€~
lor the h,;>anr1g Impillred are avall~ble III
lhe (ounl\' (0111171ISSI0n",l's' Off tee-.
ElOARD Of COUNTY COMMISSIONERS
1I0ARD OF ZONING A?PEAL5
COLLIER COUNTY. fLORIDA
DONNA fIALA. CHAiRMAN
DWIGHT E.. BROCK CLERK
!1y: T"'I<'~" Polasl(L O....puty (iNk
~SEAL)
J
7A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy,com]
Sunday, October 25,200912:11 AM
Teresa L. Polaski
Thank you for placing your classified advertisement.
Ad# 1821645
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the
Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, November 10,2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida. The meeting will begin at 9:00 AM. The title of the proposed resolution is as follows: 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 (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 ON PROPERTY LOCATED APPROXIMA TEL Y 1,5 MILES EAST OF COLLIER BOULEVARD
AND I MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA Petition: CU-2008-ARI3245, Collier County through its
Solid Waste Management Department, represented by David Deans ofPBS & J, is requesting Conditional Uses
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 (LDC) Section 2.03.01.A 1.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) of the RFMU District for a project
to be known as the Resource Recovery Park, The subject property, consisting of approximately 344 acres, is
located approximately 1.5 miles east of Collier Boulevard (CR 951) and one mile north of White Lake
Boulevard, in Section 25, Township 49 South, Range 26 East, Collier County, Florida, NOTE: All Persons
wishing to speak on any agenda item must register with the County Administrator prior to presentation of the
agenda item to be addressed, Individual speakers will be limited to 5 minutes on any item, The selection of an
individual to speak on behalf of an organization or group is encouraged, If recognized by the Chair, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to
have written or graphic materials included in the Board agenda packets must submit said material a minimum of
3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing,
All material used in presentations before the Board will become a permanent part of the record. Any person
who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based, If you are a person with a disability who needs any
1
I 7 A
accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Bui]ding W, Naples, F]orida 341 ]2, (239)2528380, Assisted listening devices for the
hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY
COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA,
CHAIRMAN DWIGHT E, BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL)
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video/audio of your item,
To login to the New Ad Wizard use your e-mail address and existing password, Go to:
http://secure.adpaV.com/adwizard login,aspx?I=1500] 564, if this link is inactive, cut and paste it into your
browser address window,
If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds,
2
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59594064
P.O. #4500096189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/25 10/25
AD SPACE: 139 LINE
FILED ON: 10/26/09
::~:::~~:-~:-~::::::--~~-~:--------+---'
Sworn to and Subscribed before me this aq~~ day of
Personally known by me
..."U,.,
"'m'~'" 'u'::'"
f~" ....<'~'
;" ..' E ~
":;"'..... ~$
";::,~,W.~\\~~'~
J
l.A
Persons wi. hln E' have:wrltten Gr
graphic mf: ,'tI~ hi tOe
Board a e. ,,-".1.. it
said maP: - '. . mum-~3 W~kS
prtor~'" rewec:tIve public hearing.
In written materials In-
: the Board
OONNA:f111LA, CIWItMAN
DWIGKT ~JWQC~_(:LQ~
I
?A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docum~nts should be hand delivered to the Board UnleC The completed routing slip and original
documents are to be forwarded [0 the Board Offic.c only after the BlWd hus taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate IUT additional signatures, dales, and/or information needed. Ir the document is already complete with the
exception of the Chainnan's signature, draw a line through routin!! lines # 1 throu~'h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine. order)
1. Judy Puig CDES Administration ~ ~ 10 \ oG
'I
2.
3,
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County ~ Hll)
Commissioners ~
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe original document pending Bee approval. Normally the primary' contact is the person who created/prepared the executive
summary. Primary contact intormation is needed in the event one ofthl~ addressees above, including Sue Filson. need to contact stall for additional or missing
information. All original docllments needing the Bee Chairman 's signature are to be delivered 10 the Bee olTicc only after the Bee has acted to approve the
item)
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was 11110/09 Agenda Item Number 7,A,
Approved by the BCC
Type of Document Resolution oq-cl~ Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency, (All documents to be
signed by the Chairman. with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Omce and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Omcials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other atties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date of BCe approval of the
document or the final ne 'otiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC otrice within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee \vithin a certain
time frame or the BeC's actions are nullified. Be aware of our deadlines!
The doeument was approved by the BeC on November 10,2009, and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
XV
N/A(Not
A Iicable)
2,
3,
4,
5,
6,
N/A
Xl)
XV
XV
XV
I: Forms/ County Fonns/ Bee Fonns/ Original Documents Routing Stip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date
November 16, 2009
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-275: Resource Recovery Facility
Attached for your records please find one (I) copy of the document
referenced above, (Agenda Item #7 A) adopted by the Board of County
Commissioners on Tuesday, November 10, 2009.
The Minutes and Records Department has retained the original for the
public record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (I)
7A
RESOLUTION NO, 09- 275
~;7A
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 1) A
"COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY,"
PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
SECTION 2,03,01.A.1.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.AA,a,(3)(b) FOR A PROJECT TO BE
KNOWN AS TIlE 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, TOWNSI lIP 49 SOUTH, RANGE 26 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, 2004-41) 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 the Rural Agricultural Zoning District within the North Belle
Meade Overlay and Rural Fringe Mixed Use District (RFMU) Overlay 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
. 1 A
t I
Development Code (LDC) Section 2.03.01.A.1.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 lO,08,OO,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:
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 I) a "Collection and
Transfer Site for Resource Recovcry" pursuant to Subsection 2,03,01.A.1.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 "D", Exhibits "A", "B", "C" and "D" are attached hereto and incorporated herein
by reference.
CU-2008-AR-13245
Rev, 10/23/09
2 of 3
. 7 A
BE IT FURTHER RESOLVED that the Board acknowledges that the Conditional Use
created by Resolution No. 96-404 expired because 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 IO'f(. day of
tJo~t.Jn&.r
,2009.
ATTEST:
DWIGHTE. BROCK, CLERK
~1 ),(j~\.c
:, ttUt, ~.~~.v flerk
- ,tonltyrt,Gft..
BOARD OF ZONING APPEALS
COLLIER ffUNTY, FLORIDA
lutt-....n...... ,.;:luvZ
By: r'
DONNA FIALA, Chairman
~: 0;';1' ;.\,
Approved as to form and
legal sufficiency:
!k- 7.w'L0(r>-,,~,d'
f.r HEIDI ASHTON-CICKO \0\
Assistant County Attorney
Exhibits attached:
A.
B.
B.
C,
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
08-CPS-00845/42 HF AC
~em# ~
~~:da 11 }ItJ/CIj
ll)LcJ tIi
CU-2008-AR,13245
Rev, 10/23/09
301'3
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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 / 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 ~ffectmitigated by L.M~ \" S+,y)..JcJ., '-_
_ Affect cannot be mitiga1ed
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: Jr /1.. ( -0 ~
CHAIRMAN:
IJU At-~
EXHIBIT A
PIl6rE 1 "F 'I
7A
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 UEe,
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
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 ~lfect 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: f''''~(- 01
MEMBER: a/
EXHIBIT A
P/1rie ).. C1r1
7 A ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2008-AR-13245
The following facts are found:
1. Sections 2,03,02,E.1.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 V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety arid 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 IAl(lII(b~/:; oSnPtll..AT70/..1S
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No },Urn! -S17pk.Wl-17()~.$
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 5/1-1/01
I
~r11~ UhlrtA 7?ud (!~
EXHIBIT A
PIIC;! .3 Or"
7A
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,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-L 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 fue or catastrophe:
Adequate ingress & egress
YesL No_
C, Affects neighboring properties in relation to noise, glare, economic or odor
effects :
_ No affect or li.... Affect mitigated by SII't (Jt.MJ
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings, this conditional use should, with ipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals,
DATE: ~"\ '2.[ '2c:01
MEMBER:
l3tlli'O 5~W~~'L
EXHIBIT A
Ifl~ f "I (IF- r
, ,
7A
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 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 flIe or ca!1lstrophe:
Adequate ingress & egress
Yes V 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
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'tJ'f
MEMBER:
~~~
EXHIBIT A
fflGf! S" 8" q
7A
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 Wi~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~pe:t '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_
Based on the above findings, this conditional use should,
recommend ,fo approval to the Board of Zoning Appeals
,/
-'
DATE: ~
tipulations, (copy attached) be
MEMBER:
EXHIBIT A
flJ(;c 6 or r
7A
FINDINGiOF FACT
BiY
COLLIER COUNTY PLANNING COMMISSION
FdR
A CONDITIONAL USE PETITION
F(j)R
CU-2008-AR-13245
The following facts are fOUl1d:
1. Sections 2,03.02,E,1.c,5 and 2,03,01,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 ahd 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:
B,
c.
Adequate ing7 & egress
Yes_ No_
~:~t'eighbOring propel1ies in relation to noise, glare, economic or odor
e/~,_
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
Compatibility with adjacent prope11ies and other property in the district:
D,
Compatible use within district
Yes ~o
DATE: s/-;107
I '
MEM5ER.
\.....L~._ r"I~:
t/kL /'......M:7i/
Based on the above findings, this conditional use should, with stipulations, (c
recommended for approval to the Board of Zoning Appeals,
EXHIBIT A
1'11(j,( 7 ~t= Cj
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNlNG 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,Q3.07.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 wi:Ji the Land Development Code and Growth Management Plan:
Yes1- 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 in7ess egress
Yes \ No_
C. Affects neighboring properties in relation to noise,glare, economic or odor
""""NO """'" " i A1foct "',_ by :;r:af! OM1lMt J,'i<-
_ Affect cannot be mitigated ec '(. /u'CO/<<ltA..(l-r.dl(./-t'ln,J
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: ~~/Oc;
/ /
MEMBER: .Jd,IM -(/ ~~/C
EXHIBIT A
flit G tr '6'
~q
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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 ~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 ca~e 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 ~-O '/l-.",.,.,.."
_ Affect cannot be mitigated
B.
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: c; Iv !o ?
I I
MEMBER
CIIf,FR:MAN: I
EXHIBIT A
fJ/108 Cf (JP 0/
7A
Resource Recovery Park
CU-2008-13245
Legal Description
....ORt P~Hl\CUl.AAlY DE$C1tfD(O AS IOL:...OWS:
BfGlN ^T THF' SOU:W[ASl CORN:;>t OF $fCllON 2~. "'O'llNS,..tl"l "9 SOJ"'1i, R^"'CF;' 16 fAST, -rF:NCr NB9"50'09"W. M.ON'G Ti-':E SOl.'TY ;INf. OF
SAle S€:CTlON 25. A OlSTANCE Cr 264799 ,c.('T ~O A ~OINT 0,.; TIl( SOU1H 1/~ COR~ OF' SAID SCCTlOl-l 25; ThenCE: CONTll'liL"C.
'1e:!?";:iO'Og'\.-, AlONG lKE S(Il;fH UN!: Of SAI:) SECTION l~, A ;::IlSfAHCE: of 2541.99 fU:r 1(J mE SOUTHwrST C~NER OF" SA!!) SE.C1l0N: 25:
THFt.:C~ ~OO'27'2')"W ,/\tOKG iHF: wrST Ut.:F. OF WE' SOUTHWEST l/4- OF SA"-"} srCl1Qtoi ]~. ~ OISTA.\JCF: or :?O'5.~~ ITE'T: MNCF
~!\9'''~'57''F:. ^ r.ISTANCF: OF 660,97 F'F.E"'j ':1-lfNCE NCO',fl,'5-2"W, " OIST,VH';[: OF 673.36 fRET: THf:NCE S8g'~8'0ZI.W. A O1ST^~Cf 660,67
;'TET TO "!liE 'M:ST ,/4- CORNfR or SAID SeCTION 25; l'rtEl'tCE NOO'2rl1"W. A QISTANCE Of 61212 rEn TO THE "'~llIWEST COONER or
If.<"E;: sOurH'h(~l 1/4 OF ll1!:: SOOII-'~'S" 1/4 (y; ~H( NC~HH~Sf 1/4 or SAl-J stCTlO1\ 2S; THfNCE NB9.JJ'SO"E, A OISTA..~ct Of 2ti.4-l.37
FL'(t 10 A POINt ON lH: I:A5t UN! m: T11[ N~Tll'M:.Sl J'.. or SAIO SEcr.oN 25: TH(Nt.'t:. CONilWt N89'JJ'SO"c., Ii. DISTANCE OF' 1320.71
i"EET; THENCE S:)I)'JO'!\9"E, A OlSTAN("..[ Or U&O.!52 FEE'; ':HEN("..[ 589"48"'.W, A V1STANCf Of {i59.7& r~fT; THE'NC[ 50079'08.[, A
OISTA~c[ Of 67880 nET: Tl-tENCE. N!l.9OSS'25"'E. A DISTANce OF 6se 82 FCC!: "!l,ENC{ ~OO'24'22.\lf, A DISTANce OF !eo.le: lliENCE
"lB9'.(.a"t2"r.. A. DrSfANCE: or 993.41 ruT; Tl-It:NCE SOO'j6.tS"f, A OfSTAMct Of 6lJ7.2B rn:.t; ~NCE: NB9'S!t2S"E. /It DISTANCE: of :SJU)3:
THENct SOO'40'1J"f. A 04S,TANcr OF , )65.97 ~:r TO WE PQ:::NT CE B'F(;INNI,.,G,
CONTAINING J+4,1 AC;.rCS, >>ORt OR U:SS.
Exhibit B
.--1.... -:LJ...",
t5~
~~
~Z
>,
,
! :
,
I,
I)
~!i I
~f 0, i
+
q
: 3..
, .
!
~ hll
~ Hi
~ irll
~;1i
o i
~ I
!
~I
III
'I
!f~
..1
i~ji
~--
, " ~f'
II "rhti
" h~. 0
-~l'
jIg '1
!I! ,it
"I '>1
I ~'J
f!l I!
3. "II' ,
.--1...._____ =-
-"1
!ill
.~~
'il!!
!lli!
,ill
IIi!
'II
, .
;I!
'Ii
I
i!
~08
z~c
o~~
PBSJ :;)0(} lI\:sl C~uStrul SuII.200
m r,""p~ Oor;<lo JJ607
X Tel_ (81))282-7175
::z: Fos.(lJ1J)2lJ5-1207
ED hllp.-//"""...pbsjcpm
=<
Exhibit C
!'i ~rJ
11r.-\J11
~uJ I
Ii! I
I ,
II I
III
IJ
I
H_~:
II: {II i
111I!1 I
H.
II~~-+
, I$i,-ni 'f; ,'; I~F ~m P~I~ it; i
\ i~Htl hi ih Hi hH ll~t~ ~11 ~
i I i; I HI II" J~~I Ha 'i;,ja ,il ~
Hl.i "& ' & · & .,~. ~ll '-1 "
:~,~ Iii II IIR Il~[ 1;1' ~ Ii'
I iH} j~~ ~~ 'i~ hh tli t~J
I dJr "'Ii !~ h-iil Wp:1I" I'.il
Ifilf [i P 1\.: ~IH '~t., gl
<i! i~ .; if- &'1" i-!f ill
~i ii, ~
~ ~
:;-'- -~--- I-~---"
~ 1
m
~
. r~, ,!l.~~
':;'~.= ~i~ ;f,H~
'-~\r.'""' , iH !HW I
-iiL_, '
Ii
"
1
~ I
"{"ll
II hi
! .
I"
III
I {I
.
,--r
I
~~~o
~~~.
L
"
;0
m
<J)
m
;0
<
m
;:;
m
"
"
Nm?2
o~o
z'm
m~z
~m"
mw>
~
m
_NGOL~NGO.TECANAL
~~h
~~.~
,
\
I
i
,
II
il
.
Ii
~ ~
~ .
~ ~
~ ~
~ ~
! ~
~ <
q
~ z
a~
.'
!~ "0
c:F ::tI
2m m
~. <J)
<8 m
p!~ :;tI
~< Hi
c 2 "
u;;i ::0
~m m
~~ "
,c
-"
.
m
o
,
is
z
"
>
Conceptual Site Plan
Resource Recovery Park
SOlid Wast. Ma"qement Department
liC~nCt<l',l__"~."'(;[liC
~I ~
I'i J
2
II Q
I ~
!
>
0
.
II
II II
I II
,
II
,
,
,
II
II
II
II
II
II
II
,
I
,
I'i :
!I i i
\ ~
~[-J
III
II
I::
':n
III
I:: I
II
I:: i
III
III
Iii::
II':
. II
II
II
II
7A
I
r
t
!I
~
! Oll~
nm
~~;~i
~hH
.~!~~
~~g
"'io",
ijie~
li~~
~!~
::~
'"
".
o
1
I
5
Z~
ZC
m~
~8
I>~
cn
~
c
m
N
~
m
~
:i~ ---
March 11, 2008
R8vlsed June 1, 2009
CONDITIONS OF APPROVAL
Collier County Resource Recovery Park
CU-2008-AR-13245
7A
1, 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, #41, 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 govenunent 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;
11. A 200' wide preserve buffer shall be provided along western side of property;
12. 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
~~ J f-...J
<(lL
o .
a:(j)
0 <(~
a: (j)Oo.
<l: WaJ<( a:
w i=wZ <i:
J: 5= I _ J:
'''' t') ~I-:=! ()
00<(
~ Z <(f-a: w
W 0,,1- J:
m Za:~ I-
a: I- -w<( >-
w U >--,- ...J
m W ( mO:2 Z
:;; .., gsw<I: 0
::l m -'II-
Z ::l >-f-f- (/)
(/) ZICJl (/)
:;; w <(f-<( w
w J: -w a:
.!: I- ~ ~~~ 0
Cla:O 0
<l: 0 zWC') <(
0 I- -f-C')
Z a: ) Cl (f) , 0
w 0 <(-0 l-
t') a: ClClz w
~ ZW_
<( a. W a: 0 a:
:;; --' <(
wU)-
0 ~ a:a:::J 0
0 i:C OwaJ Z
a: w LLZa: <(
wOw
0 ~ J: aJU5Z (f)
a: I- - CJl a: I-
>- <l: 0 ...J_::J Z
...J 0 ;;!:21- W
a: m I:2z :;;
<l: w CJlOo :;;
W
...J J: .' CJl 0 :2 0
() I- ~ f-->-a: ()
I- Z CJlf-<( a:
>= Z:r:
z ~ m ::J ::l
ii: moS 0
c.. 0 (/) So . >
(/)
W W W -,LLa: a:
(/) J: a: -'00 0
c( I- 0 <(00 11.
w u. 0 f-a:-' (/)
...J 0 <( <(<(LL W
c.. IOir: I-
'" Ii: f-aJ'<t ::l
"- W UJUJ~ Z
.-i ...J WIZ :2:
.~ ~I-w
W ::JCl:2 ~
...J OZI- (')
~ m W-a: ~
<l: a:(f)<( w
I- '<tCJlo. W
" W C\JWw a:
~ J: ,a:o J:
I- 1'--8UJ I-
!>1 z 0<(0 0
~ 0 o - a: I-
'~I ~- ~:i-'; ZOO 0
a: f-o
" ,~, p..... 0:' , WOW W
. 0 w OWer: !:::
z
~ u. 0 Zf-o :;;
0 i= ~~Z .:J
w (5 ~ <(
I- i= w
w w a: f- CJl a:
...J c.. OOW <(
w a. >-z~
...J :;; o. f- f- Z ::l
I- 0 t') z::J - 0
.= u z ::J[IJ::2; >
:;; w i= o -0
w U Z O~a:
w
.!: <l: (f) CIao::(
c( ...J W w::JO
c.. W a: :J _--' OJ
0 :;; a. -'OW
Z <l: W OZI
W Z er: O=f-
t')
<(