Resolution 1982-007 i , .
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January 12, 1982 •
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RESOLUTION 82-7 RE PETITION PU-83-20C, WHITE CONSTRUCTION, REQUESTING
PROVISIONAL USE (2) OF THE "A-2" DISTRICT FOR AN EXCAVATION RE CON-
STRUCTION OF I-75 — ADOPTED, SUBJECT TO STIPULATIONS
Planner Lee Kirchhoff outlined the location of the proposed
excavation re Petition PU-81-20C, filed by White Construction, for
provisional use (2) of the "A-2" district, as east of C-951 and north
of the entrance to the County landfill. She referred to the Executive
Summary, dated 1/4/82, and outlined the information therein, including
the fact that the petitioner is requesting the subject provisional use
in order to provide fill material for the construction of I-75.• Mrs. Kirchhoff reported that the CAPC and staff recommend approval • ••
fi of Petition PU-81-20C, subject to the following stipulations:
• 1. Depth of excavation shall be limited to 2" feet (elevation -9.0)
and a water quality monitoring system shall be installed.
2. No off-site discharge of groundwater unless permitted by SFWMD.
3. Installation of a berm and interceptor ditch around the perimeter
of the property.
4. Use of fill shall be limited to that required for 1-75
construction only.
5. Size of excavation shall be limited to 70 acres.
6. Any blasting on site will require the issuance of a separate
blasting permit.
7. Ordinance 80-26 shall be adhered to.
�. 8. The petitioner shall provide a roadway easement 37.5 feet in width
along the north boundary of his property.
9. Operation will be subject to the Noise Ordinance which allows
operation from 7:00 A.M. to 6:00 P.M.
Upon hearing that there were no registered speakers, Commissioner
Brown moved, seconded by Commissioner Wenzel and carried 4/0, that
Resolution 82-7 re Petition PU-81-20C, approving a provisional use (2)
for the "A-2" district for White Construction, be adopted, subject to
• !+, the above-referenced stipulations and that the CAPC Finding of Fact and
Page 16
aooX 067 FAce 135
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January 12, 19R2
. Q S? WE 136
the Petitioner's Agreement to Stipulations be accepted.
There was a brief discussion regarding a request made by Richard
ienderlong of Wilson, Miller, Barton, Soll and Peek, representing White
Construction, who asked that the Board consider approving the temporary
• placement of six or seven travel trailers on the site of the
excavation, in order to house workers until such time as the I-75
` construction is complete. Mrs. Kirchhoff explained that the Zoning
Regulations will allow one mobile home on five acres in the "A-2"
district, however, the temporary residence permits are approved for the
"E" district and only for six months. Mr. Henderlong explained that
•••• the subject project could take up to two years. Chairman Wimer stated
that this request appears to be contrary to the Zoning Ordinance
regulations and explained that such a request cannot be granted as a
part of the subject provisional use, however, if he wishes to pursue
' ' 1
the request, he should apply for approval of the temporary housing
• separately.
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Page 17
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• January 12, 1982
R E S O L U T I O N 82.7 •
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.• RELATING TO PETITION NO. Ptl-E31•-20C •FOR PROVISIONAL USE OF PROPERTY HERE- _
INAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA. ..• ,
• WHEREAS, the Legislature of the State of Florida in Chap- ••
ters 67-1246 and125, Florida Statutes, has conferred on all
counties in Florida 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 zoning of particular geographic divisions of the County, '
among which is the granting of provisional uses; and . - .
, " WHEREAS, the Coastal Area Planning Commission, being the •
t
w •
duly appointed and constituted planning board for the area , •
• hereby affected, has held a public hearing after notice as in I -. ,
said regulations made and provided, and has considered the ad- .
' c • visability of Provisional Use 9 in a A -2 zone for
. ,
the property hereinafter described, and has found-as a matter i
• of fact that satisfactory provision and arrangement has been 1 , •
• made concerning all applicable matters required by said regula-
tions and in accordance with Section 13-1d of the Zoning Regu-
• lations for the Coastal Area Planning District; and
• WHEREAS, all itlteressted parties have been given opportunity
. t .
. to be heard by this Board in public meeting assembled and i
the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, by the Board of County
Commissioners of Collier County, Florida, that the petition of
. White Construction
with respect to the property hereinafter described as:
. South k of Section 35, Township 49South, Range 26 East, Collier
County, Florida, excluding all public rights-of-way and easements •
and lying north of Interstate 75.
Y
BOOK 06? Fact 13 7
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A ,•••, Page L of 2
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f January 12, 1982
. ',a9< Q6? At 138 .
bo and the same is hereby approved for Provisional Uso 2 of • ,
• tho A-2 zoning district for earth mining
subject to the following conditions:
•
r ' ,; (srr•. ATTACHED)
• AGREEMENT
BE IT FURTHER RESOLVED that this resolution be recorded
in the minutes of this Board. ,
Commissioner Brown offered the foregoing resolu-
tion and moved its adoption, seconded by Commissioner Wenzel
and upon roll call, the vote was:
AYES: Commissioners Brown, Wenzel, Pistor,.Wimer,
NAYS: None
y ABSENT AND NOT VOTING: Commissioner Kruse . .
ABSTENTION: None '
.r .
. • • Done thfs 12th day of January , 1982' •
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
t BY: C (je.444./4
�. '•
C. R. "RUSS" WIMER
ATTEST:
VIL' J EAGAN,
CAP
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. i IAD 6001( 067 FAGd3 •
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d January 12, 1982
• i BOOK Q67 mAGt1 AGREEMENT
u I, White Construction, as owner or authorized agent for
k J
.
Petition PU-81-20-C, agree to the following stipulations
,..
requested by the Coastal Area Planning Commission in their
public hearing on: nom,..,.._ �� �•�. / f.Z
• 4
. A. Depth of excavation shall be limited to 20 feet
F • (elevation -9.0) and a water quality monitoring
system shall be installed.
1a
4 B. No off-site discharge of groundwater unless per- •
mitted by South Florida Water Management District.
iit
C. Installation of a berm and interceptor ditch
around the perimeter of the property.
`. D. Use of fill shall be limited to that required for
, .. I-75 construction only.
E. Size of excavation shall be limited to 70 acres.
, F. Any blasting on site will require the issuance of
•
• a separate blasting permit.
G. Ordinance 80-26 shall be adhered to.
TY H. Tie petitioner shall provide a roadway easement
37.5 feet in width along the north boundary of his
• property.
I. Operation will be subject to the Noise Ordinance
which allows operation prom 7:00 a.m. to 6:00 p.m.
fit, ,
' ' .i'' ' ffiwi/Zel
41&T-1TTOI ER OR AGENT
•
PRES NTATIVE FOR C" C
•
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7 '4" `' DAY OF
19 82•� I
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NOTARY
SEAL
w.A;r ru.u:: .I,•.. t:, floh4D\ At iA:,cx
MY CCM,:11',SItM L..,I.b Jul if :U IVIi5
:` bO:tC+U Ihr.0 t,LfAL%I It IS. V,...,x'.,RI1IR)
A • MY COMMISSION EXPIRES:
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• January 12, 1982 '
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, FINDING OF FACT
BY
t COASTAL AREA PLANNING COMMISSION
FOR
?' A PROVISIONAL USE PETITION
• FOR .
• pt(- F/• ?so G "
T
., The following facts are found:
1. Section,”..2 c(.)of the Zoning Ordinanrn authorizes the provisional • ir
use. •
2. Granting the provisional use will not adversely affect other property
or uses in t!,e same district or neighborhood because of:
A. Traffic Generation
Reasons, if necessary:
B. Offstreet parking and loading areas
Reasons, if necessary:
.
C. Placement of signs and outdoor lighting • !
Reasons, if necessary:
D. Screening and buffering
Reasons, if necessary: '
. R. Hours of operation
Reasons, if necessary:
F. Required yards and open space
. Reasons, if necessary:
0. Use complies with all the elements of the Comprehensive
Plan.
Based on the above findings, this provisional use ghoul with stipula-
tions, (copy attached) (should psi:) be recommended or a provall/
1, / .
DATE: L I� ....d.a
airman, oasial Area
Planning Commi+:sion /
F MLL/rbw/74-S
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