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Resolution 2007-210 RESOLUTION 07 - 210 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, DENYING A REQUEST FOR THE ESTABLISHMENT OF A CONDITIONAL USE, AS ALLOWED BY SECTIONS 2.04.03 AND 2.03.08.A.3 OF THE LAND DEVELOPMENT CODE, IN THE RURAL AGRICUL TORE- MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT, FOR "FACILITIES FOR THE COLLECTION, TRANSFER, PROCESSING, AND REDUCTION OF SOLID WASTE." THE APPLICANT PROPOSES TO USE THE SITE FOR A HORTICULTURAL MULCHING AND RECYCLING FACILITY. THE PROPERTY IS LOCATED AT 1260 WILD TURKEY DRIVE, IN SECTION 26, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use, as allowed by Sections 2.04.03 and 2.03.08.A.3 of the Land Development Code, in the Rural Agriculture Zoning District with a Mobile Home Overlay (A-MHO), for facilities for the collection, transfer, processing, and reduction of solid waste. The applicant proposes to use the site for a horticultural mulching and recycling facility on the property hereinafter described; and WHEREAS, the Collier County Planning Commission recommended denial of the application, finding lack of adequate ingress and egress; inconsistency with the Land Development Code and Growth Management Plan; and incompatibility with the adjacent properties and other property in the district; and WHEREAS, the Board heard testimony regarding numerous code violations concerning the Applicants, including the Applicant's failure to abide by a stop work order; and WHEREAS, the Board heard further testimony regarding the lack of compatibility with the adjacent properties and other property in the district; and WHEREAS, all interested parties have been given opportunity to be heard by this Board of Zoning Appeals in a public meeting assembled and the Board having considered all matters presented. CU-2005-AR-8046 Page I of2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: For the reasons set forth in the record, the Petition filed by Jaime and Demarys Oliva, represented by Robert N. Pelier of Blanco & Pelier, P.A., with respect to the property hereinafter described as: Parcel I: The west Yz of the southeast Y. of the southwest Y. of the southeast Y. of Section 26, Township 47 South, Range 27 East, lying and being in Collier County, Florida; and Parcel 2: The east Yz of the southeast Y. of the southwest Y. of the southeast y. of Section 26, Township 47 South, Range 27 East, lying and being in Collier County, Florida, be the same is hereby denied for a conditional use, pursuant to Sections 2.04.03 and 2.03.08.A.3 of the Land Development Code, in the Rural Agriculture Zoning District with a Mobile Home Overlay (A-MHO), for facilities for the collection, transfer, processing, and reduction of solid waste. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and unanimous vote, this 25th day of July, 2007. ATTEST: """, DWIGHT E..BROCK, CLERK \;.t....:I,o'I.'. ""'" , .. . ',. - " ~ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~~CR~~ " st t$,UCik.tRriwti'Clerk Ij",,~. .~~~> . i /,',.1' Appr ved as to form and lega u 1 . B~J~~ ow tant County Attorney CU-2005-AR-8046 Page 2 of2