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Resolution 1999-356P~SOLUT!ON A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REFUSE AND RECYCLING CONDITIONAL USE "14" IN THE "I" INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the Stale 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 u are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a ~ensive Zoning Ordinance establishing regulations for lhe zoning of particular geographic divisions of the County, nmong which is the granting of Conditional Uses; srgl WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning beard for the area bereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "14" of Section 2.2.16.3 in an 'T' Induslrial Zone for Refuse and Recyling on the propony hereinafter described, and has found as a matter of fact (Exhi'bit "A") that satisfactory provision and arrangement have been made concerning all applicable mailers required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Developmere Code for the Collier County Planning Commission; and ~, all interesl~ parlies 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 The petition filed by Tetranee Kepple, P.E. of Kepple Engineering, Inc. representing Eisa and Edward Reddish with respect to the property hereinafter described as: Exhibit "B' which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "14" of Section 2.2.16.3 of the "I" Industrial Zoning Disuict for Refuse and Recycling in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOL~ that this Reaolution be recorded in the minutcs of this Board. This Re~lution adopted after modork ~c,c,,-,d ~ majority vote. Done~, /~ d~,of~ 1999. BOARD OF ZONING APPEALS COC~m~ countrY, ~O~mA -2- III IIIIIIIII FINDING OF FACT COUNTY PI~]NING COMMISSION FOR CONDITIONAr~ USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the Land Development Code and Growth Management Plans Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress a egress Yes~ No Affects neighboring properties in relation to noise, re, economic or odor effects: No affect or Affect mitigated by __Affect cannot be mitigated Compatibility with adjacent properties and other property in the distri~ Compatible use nwidistrict Yes No Based on the above findings, this conditional use should, with stipulation~ ~C. gP~ attached) (should not) be reco. 3~or DATE: ~ EXHIBIT "A" 176 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the-Land Development Code and Growth Management ~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~Fress Yes ~'No__ Affects neighboring properties in relation to noise, glareF'economic or odor effects: .. ~No affect or Affect mitigated by Affect cannot be mitigated De 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 sttpulations{..(~c~o~ attached) ~ be recommended for appr.oval ___~__~_~. . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Ae Consistency with the-Land Development Code and Growth Management Plan: Yes [// No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -~/ No__ Ce Affects neighboring properties in relation to noise, glare, economic or odor effects: t/No affect or__Affect mitigated by __Affect cannot be mitigated De Com~atibility with adjacent properties and other property in the district: Com~atible use w~thin district Yes~No Based on the above findings, this conditional use shoulj~, with stipulations,attached reco e e for DA~: .... FINDING OF FACT BY COLLIER COUNTY PI~N'NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not a~versely affect other property or uses in the same district or neighborhood because of: Ae Consistency with the Land Development Code and Growth Management P~n: Yes No Be 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 & e9ress Yes~No__ Affects neighboring properties in relation to noise, , economic or odor effects: No affect or__Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible u~e.~thin district Yes ~ , No ,, Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for I?G FINDING OF FACT BY COLLIER COUNTY PIJUPNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Consistency with the-Land Development Code and Growth Management Plan: Yes ,.,-'No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &.e g re_So Yes , ~ No Affects neighboring properties in relation to noise, glare,~economic or odor effects: _/-'No affect or Affect mitigated by __Affect ca~ot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, th_i]Lf. Olliiitional use should, with appr~al . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the p~blic interest and will not adversely affect other property or uses in the same district or neighborhood because of: As Consistency with the-Land Development Code and Growth Management P~n: Yes No Be 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 Ce Affects neighboring properties in relation to noise, gl/a/~, economic or odor effects: No affect or Affect mitigated by Affect ca~n6t be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~ithin district Yes ~No__ stipulations, (copy attached) (should not)~~ for approval , · Based on the above findings, this conditional use should, with 176 F1~NDING OF FACT BY COI~XER COUNTY PI. ANNING COl~lSSION FOR A CONDITION~J~ USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: Ae Consistency with the-,Land Development Code and Growth Management Yes ~No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ress Adequate ingress Yes ~ No Ce Affects neighboring properties in relation to noise, glad, economic or odor effects: No affect or Affect mitigated by __Affect ca'nnot be mitigated Compatibility with adjacent properties and other property in the distr~ct: Compatible us~/~ithin district Yes _.~__No Based on the above findings, this conditional use should, with approval . II FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-13 The following facts are found: Section 2.2.16.3.14 of the Land Development Code authorized the conditional use. 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: ae Ce Consistency with the.lg~nd Development Code and Growth Management p1/h: Yes_~/___No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress Yes F'No__ Affects.~jhboring 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 districts Compatible use w~district Yes Based on the above findings, this conditional use~ sh/~~, with approval ~~M ~. DA~: ~ LEGAL DESCRIPTION (A~ Furnish~l) The West % o£ the South % of the North 658.60 feet of the Sou~h 2005.80 feet of the West % of the West % of the Eest ~ of the Northvest ~ of Section 35, Tovnship 49 South, Range 25 F~et, Collier County, Florida~ less the Sou~h 30 feet theclog vh~ch was prev~ousl~ conveyed by grantor to ¢ollie~ County by verranty deed recorded at O.R. Book X592, Page 1755, PubX£c Records of'Collier County, Flo=lds. 17G u Retent;on Area Interior I.=ndscop;n~ (2,500 Covered ~.= -- Sorting Area ~oo.oo CONDITIONS OF APPROVAL fCU-99-13) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, 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 Division 3.3, Site Development Plan Review of the Collier County Land Development Code. Pursuant to Section 2.2.25.11.1 of the Land Development Code, if, during the course of site clearing, excavation or other consuuction activity an historic or archaeological artifact is found, nil development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. At the time of Site Development Plan submittal, a copy of the SFWIVlD permit modification shall be submitted. At the time of Site Development Plan submittal, partial walls shall be integrated with the roofed structure to screen the sorting activities from the street and adjacent Household and horticultural waste are prohibited while all storage bins shall be covered to prevent rain leakage and runoff. There shall be no incinerntion or other disposal of material on site. No outside storage allowed other than the designated storage bins. These bins shall not exceed a storage height of ! 0 feet. EXHIBIT "D" b) d)