Resolution 1990-515
RESOLUTION 90- 515
OCTOBER 23, 1990
RELATING TO PETITION NO. PU-90-18 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN 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
comprehensive Zoning Ordinance establishing regulations for the
zoninq of particular geographic divisions of the County, amonq
Which is the granting of Provisional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area
hereby affected, has held a public hearing after notice as in
.aid regulations made and provided, and has considered the
advisability of Provisional Use "b" of section 8.10 (Essential
services) in an AlMH zone for a resource recovery facility on
the property hereinafter described, and has found as a matter of
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fact (Exhibit "A") that satisfactory provision and arrangement
has been made concerning all applicable matters required by said
requlations and in accordance with section 13.1.d of the zoning
Requlations for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in a public meeting assembled and the
Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING
APPEALS of Collier County, Florida that the petition filed by
Bob Fahey of Collier County Solid Waste Department representing
the Board of County Commissioners with respect to the property
hereinafter described as:
The West 1/4 of the NE 1/4 and the SE 1/4 of the NW 1/4 of
section 15, Township 47 South, Range 29 East, Collier
County, Florida.
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OCTOBER 23, 1990
be and the same is hereby approved for Provisional Use lib" of
section 8.10 (Essential Services) of the A1MH zoning district
for a resource recovery facility subject to the following
conditions:
Exhibit "B" which is attached hereto and incorporated
by reference herein.
This resolution shall become effective as of the first day
of November, 1990.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
Commissioner
Saunders
offered the
foregoing Resolution and moved for its adoption, seconded by
Commissioner Shanahan
and upon roll call, the vote
was:
AYES: Commissioner Saunders, Commissioner Shanahan, Commissioner Volpe,
Commissioner Goodnight, and Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
23rd
day of
October
, 1990.
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BOARD OF ZONING APPEALS
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MA A. HASSE, ., HAIRJtAN
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LEGAL SUFFICIENCY:
PO-90-18 RESOLUTION
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OCTOBER 23, 1990
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FINDING OF FACT
BY..
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-90-18
The following facts are found:
1. Section 8.10 b of the Zoning Ordinance
authorized the provisional use.
2. Granting the provisional 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 Comprehensive Plan:
Complies with Comprehensive 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 14... No
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C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
X No affect or Affect mitigated by
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district:
Compatible Use within district
Yes k. No
Based on the above findings, this provisional use should,
with stipulations, (copy attached) (should not) be
recommended for approval Y'" V"). ..
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DATE: 10, I' · '0 CHAIRMAN: ~~
PINnING OF FACT CHAIRMAN
EXHIBIT "A"
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OCTOBER 23, 1990
(
AGREEMENT
I, Robert Fahey of the Collier County Solid Waste
ManaqeDent Department, as owner or authorized agent for
Petition PU-90-18, agree to the followinq stipulations
requested by the Collier County Planning Commission in their
public hearinq oIJJSe)it~ec~ 2&-, 1990.
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1. Any structure built on the site shall require a Site
Development Plan approval.
2. If any structure is built on the site, adequate sewer
and water facilities shall be provided and shown on the
Site Development Plans for review and approval.
3. Any future proposed expansion of the facility shall
require a separate and additional "provisional Use"
approval.
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PETITI NER OR AGENT
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REPRESENTATIVE FOR CCPC
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
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DAY
.:2,;2 J-1_ d
, 1990.
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MY COMMISSION EXPIRES:
PO-90-18 AGREEMENT SHEET
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EXHIBIT "B"
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