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Resolution 2008-373 RESOLUTION NO. 08373 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.I.c. 16. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION I I, TOWNSHIP 49 SOUTH, RANGE 25 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, 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 of a refuse system facility within an Industrial "1" Zoning District pursuant to Subsection 2.03.04.A.l.c.16. of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and 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 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: Page 1 of2 Petition Number CU-2007-AR-12619 filed by Tim Hancock, AICP of Davidson Engineering, representing K.O.V.A.C. Enterprises LLC, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2.03.04.A.I.c.16. of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "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 /10 '~ay of -])t.o./"",~ , 2008. ATTEST~".ili Dwight E~ Bioc!i:,Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, LORIDA ~.. - , .;. Atust n to~a 1 I tgraa'tnoll'.". Approved as to form and legal sufficiency: " i "L A {If 0 Heidi Ashton-Cicko Assistant County Attorney . >. (r-'tJ. " ,,\" Exhibits attached: A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions Cf':08-CP$-OO777\Rcso Page 2 of2 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.S 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 ingress & egress Yes 11 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 , i /, f I ipulations, (copy attached) be Based on the above findings, this conditional use should, with recommended for approval to the Board of Zoning Appeals. DATE:____ COMMISSIONER: ~ EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.5 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 J No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: 7;; ~Ir I EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR ' A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.S 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: I I 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 / Affect mitigated by )11.,()()l~~ ClflA.\:&i;J _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u7e '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: IOfr../of NM-I. hllC , ./ I / COMrvIIS~iONER: )Ct~ 9, 1-la7/~ EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.5 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 ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by vi S -hpcd ~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes UNo_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recomm:nod~dl~~r_aop:M'l to,", Bo,m ofZ,,;o, APP".'., I / ,..L f )s DA TE: ~ v COMMISSIONER: VV V""'" Exhibit A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 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 & egress Yes II No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or 1'Affectmitigatedby ~'77h{vA-f}tl,0,\ _ 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: /d//0/uf I I COMMISSIONER: u~ 11/l- 'k{,'r:( (la/l/-~-c EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 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 ingress & egress Yes ~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / T No affect or ~ Affect mitigated by ftJ"'n:.2.Lc! l:(l..t(SI"IdIt.. G.J J (l.I.A. &.BJ I... _ Affect cannot be mitigated I j 17 {Z.c.f.J D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. 1''AC'M'g,,:R.. DATE: IO/;'j,y f . €eI.llul~;JlUrU)K: EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.5 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~ 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 ingre~ egress YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi~ 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. DAm 1& Iv' .4'- CO, "fi" lONER, ~Z= 7 0/./ /v'/.r, EXHIBIT A ... . ttt OR: I '1 PG: 1062 ttt ( Lot 1'3, J , C IIIDUBTRu.L PAlK, an unrecorclad plat, .ore particularly daacribed .. follow. I J , C ItlDUSTRIAL PARK PIIRT OP TIll NIl 1/. OP SEC'TXOII 11. 'I'OWIISHIP ., SOUTH, RANGE 2.5 BAST COLLXD COl..-I. PLOP.1DA PUCILU3 cc-Ac1ng at the ".at 1/4 OOE'D.r of section 11, 1'oWD8hip .. toutb. aang. 2S a..t, COllier COUDty. Florida,~'" alODll the ...t aDd ....t 1/4 U.na of ..i4 section 11, aa .urveyed. N "-30'40- .. "2.10 t..t to th. c.nterline of . road, TheDe. along ..id centerline, N Q-)1'42- W, 580.61 feet for a pLACS OP amDlllDIG , Thane. contiDU1ag along the l..t deacribed CoUr..f 200.00 t..t, TheDa. H ,,-~"1'. E, "'.12 f ~ 'tb$Qce. 0-24'1'- E. 200.0 .~gQ TbaDce . .'-21'1.. W, '" 0 ~~ of Begbming. beiDg part of the Nor~ . /e of .aid S. ~~1, 'I'ow.tU.p .t louth. aang. 25 "at. jO .r County. Florida \ ~. ~1-~ ) l-J \11~ "'''-JlG? \(S?;>''',-_/-;'"'\~ (j ,'tHE' ('IRC'Y/ -,-::,--~...., Exhibit B ___z ___I ',' ! -j ~ ;j ~~ ~ u 9 u - :E -. -= ><I ~ Ii .I , 1'1 q I~ L:~~~J....J,..i!!LJ}!)II:JI j ~ -i. ![l \i3~\i 38\i~OLS : 1"1 Iiii': I ~ ~,,-,~ · I ~ i J[1 -~l'!I!ll.f!'" , l I <!""I '0", ,I L.1.l ~1l.1,:- '~~~ ~ II i ~ l!~ /iil i :ll 'Ii ! I ~ ~ 11.;1' :.:1::' 1 ! h i [5 ~ul~U i i! 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"WI- ..J<:)ltIol- I- 5g,5;i5jl=~ o ..JD::o::J:-I::;::JW z <a..u...Ul<>iXl:> ~ l.a~............IIIDZIIZolI' 1"""....'.......__OO-,.""'~--__, _._~~-~_._---..,..__.. ....._.~-- " . ~""O"" . u z~ -~ .~ l:Iz~ ~ -0 ffi~i W~~ z~:!. a...~ z~~ W~~I ZUllil O~~ d U)ae;Jz Cl;ifo >~~~ ca:o~!i Cl fa:r 0 WM .z~ Q' rn':, ,..~; "0' . ! ! .0 ,-- - If' .. II III w ~~:: ~ <.i ~ -' !3~ "~8 fl!!~ 'zcr~;t ~~~" dzo~ ~~~ 412 >0;" > ci '" DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOVAC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised through October 23, 2008. 2. No structures, including the existing structures, shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed. 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties, this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. 4. To minimize the effect of noise and windborne dust on the commercial business to the south, the truck loading area shall be located in the northeastern quadrant of the site. S. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6. The maximum height of material piles shall be limited to 40 feet. 7. To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be provided along the site's southern and southwestern boundaries at the interface of abutting uses. Where this buffer overlaps the .3 7 acre preserve, Type B minimum plantings shall be maintained at all times within the buffer area. The balance of the created preserve shall consist of approved native mid-story and canopy species to achieve the desired buffering for properties to the south. 8. The first ISO feet of the site's entrance drive shall be paved as part of the first development order. This entrance shall also have a gate, which shall be locked outside of business hours. Exhibit D