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Agenda 07/09/2019 Item #17C (Smyrna Ready Mix Ordinance)07/09/2019 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a concrete batch-making plant in the Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.08 A.2.a.(3)(c)(viii) of the Collier County Land Development Code, for 5.16± acres of a 7.3± acre parcel located approximately one half mile north of Tamiami Trail East, at the end of Auto Village Road, in Section 18, Township 51 South, Range 27 East, Collier County, Florida. [PL20170002361] OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, render a decision regarding this petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is for 5.16+/- acres of a 7.3+/- acre parcel located north of Tamiami Trail East, approximately 1,000 feet west of Basik Drive, in Section 18, Township 51 South, Range 27 East, Collier County, Florida. The petitioner seeks a Conditional Use for a concrete batch - making plant on approximately 5.16+/- acres of a 7.3+/- acre parcel. The Smyrna Ready Mix Trail Plant will have four areas consisting of material testing and storage, material processing and building, equipment parking, and water management. The master concept site plan (see page 3) provides ingress/egress from the southeast corner of the property, buffering, and water management areas. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities . Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The southern one third of the subject property is designated Rural Industrial District and zoned I, Industrial District, and the northern two thirds of the subject property is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands and zoned A, Agricultural District with Rural Fringe Mixed Use Receiving Lands Overlay and all of the property is designated within the Coastal High Hazard Area (CHHA) as shown on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Based on analysis, the proposed conditional use is consistent with the FLUE of the GMP. (See Attachment A) 17.C Packet Pg. 2762 07/09/2019 Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” According to the TIS provided with this petition the proposed Concrete Batch Plant development will generate a projected total of +/- 8 PM peak hour, 2-way weekday trips for the proposed facility on the adjacent local roadway, Tamiami Trail East (US 41). Based on the then applicable 2016, as well as the 2017 and 2018 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed conditional use within the 5-year planning period. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Operational impacts will be addressed at the time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. The Transportation Division staff has reviewed the petition request, the CU document and Master Plan for right-of-way and access issues and is recommending approval. Conservation & Coastal Management Element (CCME): Environmental Planning Section staff reviewed the petition. The subject property does not have a preserve requirement. The proposal is consistent with the CCME. Environmental Review: Environmental Planning staff has reviewed this petition. The subject property does not have a preserve requirement as the subject property is dominated by invasive exotic plans and does not meet the 25 percent coverage of native vegetation (LDC 3.05.07(A)(1)). This property is located within the 660-foot Buffer Zone of Bald Eagle Nest CO-037. External work during Nesting Season (October 1 - May 15) requires the applicant to follow U.S. Fish & Wildlife Service Bald Eagle Management Guidelines. A USFWS permit is needed for activities with the potential to disturb nestin g bald eagles or to remove or “take” a bald eagle nest. Environmental Advisory Council (EAC) review is required since the property is located within the Buffer Zone of Bald Eagle Nest CO-037. Stormwater Review: No adverse water quality impacts or flooding to other properties or County 17.C Packet Pg. 2763 07/09/2019 drainage systems are anticipated. This facilities stormwater management system will be regulated by the Florida Department of Environmental Protection (FDEP) National Pollution Discharge Elimination Program (NPDES) and Industrial Wastewater Program. The FDEP regulatory oversite activities will include compliance inspections, monitoring, and reporting. This facilities stormwater management system will also be reviewed by Collier County at the time of site development. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing a concrete batch-making plant in the Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay-Receiving Lands. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights - of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as to form and legality and requires an affirmative vote of four for B oard approval. (HFAC) COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC sitting as the Land Planning Agency and the Environmental Advisory Council, heard petition PUDA - PL20170002361, Eagle Ready Collier MIX Batch Plant, on June 6, 2019, and by a unanimous vote of 7 to 0 recommended forwarding this petition to the Board of Zoning Appeals with a recommendation of approval. As part of their recommendation, the CCPC directed staff to clarify the following elements of the staff report: • Correct Standard Industrial Code (SIC) be referred to; (SIC 3271, 3272) • Include date of County Attorney Review; May 23, 2019 The following stipulations were made at the CCPC hearing: • Cement and concrete production only; no asphalt. • Actual building height is limited to 50 feet for raw material storage facilities located up to 240 feet north of the industrial-zoned property. • The owner will provide an 8-foot berm/wall combination along the eastern property line for a distance of 620 feet from the industrial-zoned property. • Hours of operation are not before 6 am and not after 8 pm. • Lighting will be no more than 25 feet in height and will be shielded. RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Resolution and recommends that the BZA approve the applicant’s request for a conditional use for the Eagle Ready Mix Collier Batch. Prepared by: Gil Martinez, Principal Planner, Zoning Division 17.C Packet Pg. 2764 07/09/2019 ATTACHMENT(S) 1. 1-Eagle Ready Staff Report (PDF) 2. Resolution - Eagle Ready Mix CU - 6.11.19 (PDF) 3. 3-FLUE Consistency Review Dated 11-8-2018 (PDF) 4. 4-NIM MATERIALS (PDF) 5. [Linked] Application and Backup Materials (PDF) 6. Legal Ad - Concrete Batch Plant (PDF) 17.C Packet Pg. 2765 07/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 9286 Item Summary: *** This item has been continued from the June 25, 2019 BCC meeting. *** This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a concrete batch-making plant in the Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay- Receiving Lands pursuant to Section 2.03.08 A.2.a.(3)(c)(viii) of the Collier County Land Development Code, for 5.16± acres of a 7.3± acre parcel located approximately one half mile north of Tamiami Trail East, at the end of Auto Village Road, in Section 18, Township 51 South, Range 27 East, Collier County, Florida. [PL20170002361] Meeting Date: 07/09/2019 Prepared by: Title: – Zoning Name: Gilbert Martinez 06/11/2019 4:43 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 06/11/2019 4:43 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 06/12/2019 5:14 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/13/2019 9:37 AM Zoning Michael Bosi Additional Reviewer Completed 06/14/2019 8:41 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/17/2019 10:17 AM Growth Management Department James C French Deputy Department Head Review Completed 06/18/2019 6:30 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/27/2019 11:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/27/2019 11:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/27/2019 2:11 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/27/2019 4:44 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/28/2019 2:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM 17.C Packet Pg. 2766 CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 1 of 10 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 6, 2019 SUBJECT: CU-PL20170002361; EAGLE READY MIX COLLIER BATCH PLANT ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Smyrna Ready Mix Concrete. LLC Agent: Daniel DeLisi, AICP 16576 Gator Rd.DeLisi, Inc. Fort Myers, FL 33912 15598 Bent Creek Rd. Wellington FL 33414 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use to allow for an asphalt and concrete batch-making plant use on lands zoned Agricultural within the Rural Fringe Mixed-Use District – Receiving Lands Overlay (A- RFMUO-Receiving Lands) pursuant to Section 2.03.08.A.2.a.(3)(c)(viii) of the Collier County Land Development Code (LDC). It is important to note that this conditional use is being sought for the northern two thirds of this parcel which is zoned A-RFMUO-Receiving Lands. The southern one third of this parcel is zoned Industrial (I) which allows for the asphalt and concrete batch-making plant as a permitted use pursuant to LDC Section 2.03.04(A)(1)(a)(24). (See zoning map on page 4 and aerial on page 5). GEOGRAPHIC LOCATION: The subject property is for 5.16+/- acres of a 7.3+/- acre parcel located north of Tamiami Trail East, approximately 1000 feet west of Basik Drive, in Section 18, Township 51 South, Range 27 East, Collier County, Florida. (See location map on page 4) AGENDA ITEM 9.A.1 17.C.1 Packet Pg. 2767 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 2 of 10 PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for an asphalt and concrete batch-making plant on approximately 5.16+/- acres of a 7.3+/- acre parcel. The Smyrna Ready Mix Trail Plant will have four areas consisting of material testing and storage, material processing and building, equipment parking, and water management. The master concept site plan (see page 3) provides ingress/egress from the southeast corner of the property, buffering, and water management areas. Intentionally blank 17.C.1 Packet Pg. 2768 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 3 of 10 17.C.1 Packet Pg. 2769 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 4 of 10 17.C.1Packet Pg. 2770Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 5 of 10 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the entire subject property, which is undeveloped and zoned Agricultural within the Rural Fringe Mixed-Use District – Receiving Lands Overlay (A- RFMUO-Receiving Lands) and Industrial (I) district. North: Developed with a quarry pit approved via Permit#901220-1, with a current zoning designation of Agricultural (A) zoning district with a Rural Fringe Mixed-Use – Receiving Lands overlay district (A-RFMUO-Receiving Lands) East: Developed with a farming business, with a current zoning designation of Agricultural (A) zoning district with a Rural Fringe Mixed-Use – Receiving Lands overlay district (A-RFMUO-Receiving Lands) and Industrial (I) located to the south. South: Developed open storage and auto recycling, with a current zoning designation of Industrial (I). West: Undeveloped land, with a current zoning designation of Agricultural (A) zoning district with a Rural Fringe Mixed-Use – Receiving Lands overlay district (A-RFMUO- Receiving Lands) Collier County Appraiser N 17.C.1 Packet Pg. 2771 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 6 of 10 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The southern one third of the subject property is designated Rural Industrial District and zoned I, Industrial District, and the northern two thirds of the subject property is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands and zoned A, Agricultural District with Rural Fringe Mixed Use Receiving Lands Overlay and all of the property is designated within the Coastal High Hazard Area (CHHA) as shown on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Based on analysis, the proposed conditional use is consistent with the FLUE of the GMP. (See Attachment A) Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a.For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b.For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c.For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” According to the TIS provided with this petition the proposed Concrete Batch Plant development will generate a projected total of +/- 8 PM peak hour, 2-way weekday trips for the proposed facility on the adjacent local roadway, Tamiami Trail East (US 41). Based on the then applicable 2016, as well as the 2017 and 2018 AUIR the adjacent roadway network has sufficient capacity to accommodate the proposed rezone within the 5-year planning period. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Operational impacts will be addressed at time of first development order (SDP or Plat). 17.C.1 Packet Pg. 2772 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 7 of 10 Furthermore, the roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. As such, Transportation Division staff has reviewed the petition request, the CU document and Master Plan for right-of-way and access issues and is recommending approval. Conservation & Coastal Management Element (CCME): Environmental Planning Section staff reviewed the petition. The subject property does not have a preserve requirement. The proposal is consistent with the CCME. Environmental Review: Environmental Planning staff has reviewed this petition. The subject property does not have a preserve requirement as the subject property is dominated by invasive exotic plans and does not meet the 25 percent coverage of native vegetation (LDC 3.05.07(A)(1)). This property is located within the 660-foot Buffer Zone of Bald Eagle Nest CO-037. External work during Nesting Season (October 1 – May 15) requires the applicant to follow U.S. Fish & Wildlife Service Bald Eagle Management Guidelines. A USFWS permit is needed for activities with potential to disturb nesting bald eagles, or to remove or “take” a bald eagle nest. Environmental Advisory Council (EAC) review is required since the property is located within the Buffer Zone of Bald Eagle Nest CO-037 Stormwater Review: No adverse water quality impacts or flooding to other properties or County drainage systems are anticipated. This facilities stormwater management system will be regulated by the Florida Department of Environmental Protection (FDEP) National Pollution Discharge Elimination Program (NPDES) and Industrial Wastewater Program. The FDEP regulatory oversite activities will include compliance inspections, monitoring and reporting. This facilities stormwater management system will also be reviewed by Collier County at time of site development. STAFF ANALYSIS: When considering any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1.Section 2.03.08.A.2.a(3)(c)(viii), of the LDC permits conditional uses in the Agricultural (A) zoning district with a Rural Fringe Mixed-Use – Receiving Lands overlay district (A-RFMUO-Receiving Lands). 17.C.1 Packet Pg. 2773 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 8 of 10 Regarding the northern two thirds of the subject property, the requested use for an asphalt and concrete batch-making plant is allowed as conditional uses in the A-RFMUO-Receiving Lands district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. Furthermore, the southern one third of the subject property is zoned Industrial (I) district that allows for the asphalt and concrete batch-making plant as a permitted use. 2.Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 3.Ingress and egress to the 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. Ingress and egress to the subject property would be limited to Tamiami Trail East (US 41). The TIS submitted by the applicant indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. This project will not adversely impact the surrounding roadway network. The subject property has access to US 41 through the industrial access road, Auto Village Road, leading to US 41. Use of Auto Village Road will promote a safe environment for the truck traffic, avoiding the intermingling with non-industrial uses or pedestrian activity. At the access to US 41 are striped turn lanes allowing for safe ingress and egress and ease of flow of traffic. 4.The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The subject site is currently zoned Agricultural (A) zoning district with a Rural Fringe Mixed-Use – Receiving Lands overlay district (A-RFMUO-Receiving Lands) and Industrial (I) district. A quarry pit is developed to the north of the subject property and to the east is developed with a farming business. Undeveloped lands are adjacent to the west. To the south is developed with an auto recycling and outdoor storage. The asphalt and concrete batch- making plant will be isolated far from properties that would pose any negative compatibility issues. The master concept plan has been designed to locate the building and storage areas to the south of the property adjacent to the existing auto recycling and open storage business adjacent to the south. As such, the proposed use should have minimal impact on neighboring properties in relation to noise, glare, economic or odor effects. 5.Compatibility with adjacent properties and other property in the district. If the proposed Conditions of Approval are adopted, the proposed asphalt and concrete batch- making plant (SIC 3531) can be found compatible with adjacent properties and other properties in the immediate area. 17.C.1 Packet Pg. 2774 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) CU-PL20170002361, EAGLE READY MIX COLLIER BATCH PLANT June 6, 2019 Page 9 of 10 Based on the above findings, this conditional use should, with stipulations as outlined in this staff report be recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Environmental Advisory Council (EAC) Recommendation: Environmental Planning Staff has reviewed this petition. Environmental Advisory Council (EAC) review is required since the subject property is within the 660-foot Buffer Zone of Bald Eagle Nest CO-037. There is no preserve requirement. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a duly noticed and advertised NIM on February 27, 2019 at Rookery Bay Environmental Learning Center, located at 300 Tower Road. The meeting commenced at approximately 5:30 p.m. Daniel DeLisi, the agent, conducted the meeting with introductions of the consultant team and staff, and an overview of the conditional use application. The agent explained the property location, zoning, property access, and the proposed use. Following the agent’s presentation, the meeting was opened to attendees to make comments and ask the consultant team questions regarding the proposed batch plant. Other items of concerns discussed were noise protection, hours of operation, and a provision of a sound barrier wall. No commitments were made. A copy of the summary, sign-in sheet, and site plan are included in the NIM Materials in Attachment B. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed the staff report on??? RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) approve Petition CU- PL20170002361 to the Board of Zoning Appeals (BZA), subject to the following conditions: 1.The Eagle Ready Mix Collier Batch Plant Conditional Use shall be limited to that which is depicted on the “Smyrna Ready Mix East Trail Plant – Master Concept Plan – Revised 3-22-2019,” prepared by J.R. Evans Engineering, P.A. 2.The developer shall provide an 8-foot berm/wall combination extending from the southeast corner of the subject property north a minimum of 620 feet along the eastern property line. The wall shall be constructed from concrete block. Attachments: A)FLUE Consistency Review dated 11-8-2018 B)NIM Materials C) Application/Backup Materials 17.C.1 Packet Pg. 2775 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) GIL MARTINEZ, PRINCIPAL PLANNER GROWTH MANAGEMENT DEPARTMENT REVIEWED BY: 4ru MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DEPARTMENT APPROVED BY: FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT CU.PL2Ol70002361, EAGLE READY MIX COLLIER BATCH PLANT June 6,2019 Sr rr^/T DATE GROWTH MANAGEMENT DEPARTMENT Page 10 of 10 17.C.1 Packet Pg. 2776 Attachment: 1-Eagle Ready Staff Report (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.2 Packet Pg. 2777 Attachment: Resolution - Eagle Ready Mix CU - 6.11.19 (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.2 Packet Pg. 2778 Attachment: Resolution - Eagle Ready Mix CU - 6.11.19 (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.2Packet Pg. 2779Attachment: Resolution - Eagle Ready Mix CU - 6.11.19 (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.2 Packet Pg. 2780 Attachment: Resolution - Eagle Ready Mix CU - 6.11.19 (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.2 Packet Pg. 2781 Attachment: Resolution - Eagle Ready Mix CU - 6.11.19 (9286 : Eagle Ready Collier MIX Batch Plant) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 3 Growth Management Department Zoning Division, Comprehensive Planning Section Memorandum To: Gil Martinez, Principal Planner, Zoning Services Section From: Sue Faulkner, Principal Planner, Comprehensive Planning Section Date: November 8, 2018 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20170002361 PETITION NAME: Eagle (Smyrna) Ready Mix Collier Batch Plant – CU – Review 4 REQUEST: To obtain a Conditional Use (CU) for a ±7.3-acre site that is zoned Industrial District in the southern portion and Agricultural District, Rural Fringe Mixed Use District – Receiving Lands in the northern portion to allow for an asphalt and concrete batch plant (SIC 3531). Submittal 2 included a copy of the “correct” ‘Smyrna Ready Mix East Trail Plant Master Concept Plan’ for the project to address Review 1 comments. Submittal 3 revised the Master Concept Plan, Warranty, and Easement documents in response to review comments. Submittal 4 revised the Master Concept Plan and the Legal Description. LOCATION: The subject site is located approximately 4.5 miles to the east of the intersection of Collier Blvd. (CR 951) and Tamiami Trail East (US 41), and approximately ¼ mile directly north of Cemex Construction, which is northwest of the intersection of Tamiami Trail East and Auto Village Road, in Section 18, Township 51 South, Range 27 East. COMPREHENSIVE PLANNING COMMENTS: The southern one third of the subject property is designated Rural Industrial District and zoned I, Industrial District, and the northern two thirds of the subject property is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands and zoned A, Agricultural District with Rural Fringe Mixed Use Receiving Lands Overlay and all of the property is designated within the Coastal High Hazard Area (CHHA) as shown on the Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The FLUE states in relevant part: The Rural Industrial District is intended for industrial type uses... “Besides basic Industrial uses, limited commercial uses are permitted.” In the Collier County Land Development Code (LDC), Section 2.03.04 Industrial Zoning Districts, A. Industrial District, 1 (c) Conditional uses (26) states: Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district. Although the use ‘asphalt and concrete batch-making plant’ (SIC 3531) is not specifically listed in the LDC 17.C.3 Packet Pg. 2782 Attachment: 3-FLUE Consistency Review Dated 11-8-2018 (9286 : Eagle Ready Collier MIX Batch Plant) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 3 in the Industrial District, Cemex Construction (located just south of the subject property) operates the same identical use. The FLUE states, “The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District.” Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations. The proposed use is specifically allowed as item “t”. The proposed use can be found in the LDC Section 2.03.08 Rural Fringe Zoning Districts, A. Rural Fringe Mixed-Use District, (2) RFMU receiving lands, (c) Conditional uses, viii. It states, “In RFMU receiving lands other than those within the North Belle Meade Overlay, asphalt and concrete batch-making plants.” Certain applicable Future Land Use Element (FLUE) policies are shown below in italics followed by staff analysis in bold text. FLUE Policy 5.6 (shown below in italics) followed by staff analysis in [bracketed bold text]. New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject property (as shown on the Concept Master Plan) does not front on any collector or arterial roadways.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The site is proposed as a single development project. No loop road (drive) or internal access is shown on the Master Concept Plan.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The Master Concept Plan shows the subject site has little opportunity for interconnections. The site is bordered on the north, south, west and part of the east by undeveloped land zoned Agricultural with RFMU Receiving Lands Overlay and one existing single-family residence (which staff acknowledges would provide little meaningful benefit to connect with) on the top half of the northeast boundary.] 17.C.3 Packet Pg. 2783 Attachment: 3-FLUE Consistency Review Dated 11-8-2018 (9286 : Eagle Ready Collier MIX Batch Plant) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 3 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Mostly not applicable, given that this is an industrial development – not a residential development. There is no sidewalk shown on the Master Concept Plan. Since no sidewalk deviation was requested for this project, the project will need to comply with the LDC requirements for provision of sidewalks and will be addressed at the time of the site development plan.] CONCLUSION Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section CU-PL2017-2361 Eagle (Smyrna) Ready Mix Collier Batch Plant R4.docx 17.C.3 Packet Pg. 2784 Attachment: 3-FLUE Consistency Review Dated 11-8-2018 (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.4Packet Pg. 2785Attachment: 4-NIM MATERIALS (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.4Packet Pg. 2786Attachment: 4-NIM MATERIALS (9286 : Eagle Ready Collier MIX Batch Plant) 17.C.6 Packet Pg. 2787 Attachment: Legal Ad - Concrete Batch Plant (9286 : Eagle Ready Collier MIX Batch Plant) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 1 of 14 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 2 of 14 DISCLOSURE OF INTEREST INFORMATION Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 3 of 14 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 4 of 14 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application:  If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district;  The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and  The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 5 of 14 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 6 of 14 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 7 of 14 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 8 of 14 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 9 of 14 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 10 of 14 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 16 Cover letter briefly explaining the project 16 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 2 Completed Addressing Checklist 1 Warranty Deed(s) 3 Boundary Survey 3 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 4 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 3 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 2 Traffic Impact Study (TIS) or waiver 7 Historical and Archeological Survey, or waiver 4 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 11 of 14 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:  Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager.  Please contact the project manager to confirm the number of additional copies required . ]Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Ryan Graphics: Mariam Ocheltree City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey Parks and Recreation: Vicky Ahmad Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Heartlock Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 13 of 14 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 14 of 14 Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Conditional Use Cover Letter 1 | P a g e Eric Johnson, AICP August 15, 2017 Zoning Services Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Re: Smyrna Ready Mix East Trail Plant Conditional Use Application Cover Letter Mr. Johnson, Attached is a Conditional Use application for an Asphalt and Concrete Batch Plant. The proposed Smyrna Ready Mix East Trail Plant is located along the north side of US 41 in Collier County, Florida. The property is within the both the Rural Industrial and the Rural Fringe Receiving Areas, on the County’s Future Land Use Map. The zoning designations on the property correspond to the future land use categories with part of the property zoned for Industrial and part of the property zoned as Agriculture (See attached maps). In accordance with LDC Section 2.03.04 and 2.03.08(A)2.a., an asphalt and concrete batch- making plant is an allowable use in the Industrial zoning district and a use allowable through a Conditional Use application in the Rural Fringe Receiving Area. While the Conditional Use applies to only the Rural Fringe Receiving area of the property, the plan provided shows the development over the entire property. Surrounding Uses The subject property is located in an area with a mix of Industrial, agriculture and low density residential development in the immediate surrounding area. The property is within an area of industrial development and the subject parcel is split with an Industrial future land use and zoning on the southern proportion of the property and Agriculture on the northern portion. To the south of the property is industrial development and specifically outdoor storage associated with an automobile salvage yard. To the south of that, along US 41 is an aasphalt and concrete batch-making plant, a similar use to the one proposed. To the west and north of the subject property are vacant lands classified by the property appraiser for various agricultural activities. To the east of the subject property is a small storage shed which appears to be for private individual usage. The closest residential use appears to be located over 750 feet away from the subject property’s eastern property line. In accordance with LDC Section 10.08.00 and the Standards of Approval for a Conditional Use in the application, below is an analysis of how the subject property meets the criteria in the land development code. Conditional Use Cover Letter 2 | P a g e a.Consistency with the LDC and Growth Management Plan. The subject property is located within both the Rural Industrial and the Rural Fringe Receiving land use categories on the future land use map in the Collier County Growth Management Plan. In accordance with Policy II(C) un the Future Land Use Description in the Growth Management Plan, “The Rural Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses.” The proposed use is consistent with this policy and is a use built to the south of the subject property within the same future land use category. Section II(B) defines the Rural Fringe Receiving area as: “Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development…” The description goes on to list the specific uses that are allowed within the Rural Fringe Receiving area under section II(B)(1)(A)5, which includes: t) Asphalt and concrete batch-making plants. 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. The subject property has access to US 41 through the industrial access road, Auto Village Road, leading to US 41. Use of Auto Village Road will promote a safe environment for the truck traffic, avoiding the intermingling with non-industrial uses or pedestrian activity. At the access to US 41 are striped turn lanes allowing for safe ingress and egress and ease of flow of traffic. c.The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. The asphalt and concrete batch plant operation is located in an area that is isolated from properties that may present compatibility concerns. The subject property is along a road and within an area that comprises of all industrial uses, an asphalt and concrete batch plant and an automobile salvage yard. The use itself does not let off glare or odor. The concept plan has been designed to locate the building and storage area to the south of the property, closer in proximity to the other industrial uses. Any noise that will be generated will be set back far enough from adjacent properties to mitigate potential concerns. The closest residential unit is over 750 feet to the east, across the adjacent property, and over 1,000 feet from any on site use that will generate noise. Based on the Conditional Use Cover Letter 3 | P a g e location, the surrounding uses and the site plan lay out, there will be no negative economic effects to surrounding properties. d. Compatibility with adjacent properties and other property in the district. As described above, based on the location, adjacent uses and design of the site, there are no compatibility issues with adjacent properties. Similar uses already exist to the south of the property. To the north and west are vacant agricultural lands. To the east is a storage shed that appears to belong to the residential unit another parcel over farther to the east, approximately 750 feet from the subject property and over 1,000 feet from any use that may generate noise. Through the location of the structures and site activity on the site plan and the surrounding uses on adjacent and nearby parcels, the proposed asphalt and concrete batch plant will not have negative compatibility impacts on adjacent properties. e. Please provide any additional information which you may feel is relevant to this request. Attached to this application is an environment assessment conducted by Dex Bender and Associates. According to the analysis there are not environmental issues on site. The property is heavily infested with exotic vegetation and none of the on site habitat communities would be classified as native. There is an eagle’s nest that has been located by the FFWCC to the north of the property. The proposed use has been designed to locate open space and water management areas on the north side of the property creating adequate separation from the nest. In conclusion, the proposed Conditional Use for the Asphalt and Concrete Batch Plant meets the criteria for approval of Conditional Uses, is in compliance and meets the intent of the Collier County Growth Management Plan and therefore be granted. Should you have any questions or require any additional information, do not hesitate to contact me. Best regards. Daniel DeLisi, AICP DeLisi, Inc. £¤41 Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, andthe GIS user community, Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and theGIS User C ommunityJ Legend Boun dary Smyrna Ready Mix Concrete16576 Gator RoadFort Myers, FL 33912 Smyrna Ready Mix East Trail PlantAerial Location Map £¤41 J Legend Subject Property Future Land Use RFR RI UC UR URF AG Smyrna Ready Mix Concrete16576 Gator RoadFort Myers, FL 33912 Smyrna Ready Mix East Trail PlantAerial Location Map Smyrna Ready Mix East Trail PlantZoning Map Smyrna Ready Mix Concrete16576 Gator RoadFort Myers, FL 33912 £¤41 A TTRVC I I ATTRVC A PUD AJ Legend Roads Boun dary Zoning _Districts *fuC-ot*tty AppliconvAgent mdy olso send site plons ot conceptuol plons lot rcview in odvonce if desited. P120170002351 Grovvth Management Department Zoning Division PRE-APP INFORMATION Assigned Ops Staff: Camden Smith, John DeBlasiis SIAFF FORM FOR SUPPI.CMEI{TAI PRE.APPUCANON MEETING INFORMATION o Name and Number ofwho submitted pre-app request Name / number / email: Faleesha Fernandez/ 239-405-9148/ faleesha@jreeng.com . Agent to list for PL# Name of Company and agent: J.R. Evans Engineering, p.A. and Chris Mitchell, p.E. . Owner of property (all owners for all parcels) ) List individually and by parcel: Hollingshead Land LLC and parcel No.OO7636OOOO6 o Confirm Purpose of Pre-App: (Rezone, etc.) Yes / No (list purpose if different): Discuss conditional use of concrete batch plant on agricultural zoned land. Please list the density request of the project if applicable and number of homes/units/offices/docks (any that applv): Describe the project here. Provide density measures, size of development and details here so that staff may be prepared to address relative information. Size: 7.3 acres The land is zoned half for industrial and the other half agricultural. The concrete batch plant will be located in the agricultural zone land area. Details about Proiect (choose type that applies!: PUD or PUD-A - is this a phased development and if so what schedule is being proposed? ls the proposal for a specific Tract or addition of a Tract/Use? Not a phased project and N/A Variance - What are you seeking a variance of: zoning, primary use, etc.? provide details. To be determined. Requesting the meeting to discuss the conditional use of a concrete batch reactor on agricultural land. Supplemental lnformation provided by: Name Title Email Phone Zqrng DMsin. 2m ildfi Hcsedpe D e.l.bdes, Fbda 34104'23252-2400.*rrcds!oi.rpt v C-Ou7-ty COLTIER COUNW GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliersov.net 28OO NORTH HORSESHOE ORIVE NAPrES, FLORTDA 34104 1239l.2s2-24OO Pre-Application Meeting Notes Petition Type:CU Date and 1;.". Tue 711112017, 1:30 PM-2:30 PM Assigned Planner:Eric Johnson Engineerint Manager (for PPt's and FFs): Project lnfo.mation Proj ect Name: Eagle Ready Mix Collier Batch Plant PL#. PL20170002361 Property lo #: Project Address:. NAPLES AJI , OVERLAY RFMUO-RECEIVING City state: FL zip.34114 763600006 Applicant: Agent Name:Faleesha Phone. (239)287-4941 Agent/Firm Address:9351 Corkscrew Road city: EStero state: FL zip, FL Property owner. HOLLINGSHEAD LAND LLC, Address:4472 HtCKORy GROVE ROAD Please provide the fol i. Total Acreage: ii. Proposed # of Residential Units: _ iii. Proposed Commercial Square Footage: _ iv. For Amendments, indicate the original petition number: -- v. lf there is an ordinance or Resolution associated with this project, please indicate the type and number: lowing, if applicable: 7.3 Current Zoning: 15583 TAMIAMITRL E Faleesha vi. lf the project is within a plat, provide the name and AR#/pt#: C-,ouUty Pre-Application Meeting SignJn Sheet PL# Jo/2 D2O.)3G / COtt|ER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Collier County Contact lnformation : Review Discipline Phone Email ! David Antho Environmental Review davidanth colliergov.net A, Summer Araque Environmental Review 252-6290 summerbrownaraque@collie net Steve Baluch!Transportation Planning 252-2367 Ste enBaluch@colliergov.net X Laurie Beard PUD Monitorin 252-5782 lauriebeard@collie net J Mark Burtchin ROW Permitting 252-5765 markburtchin@collie ov.net Cascio!G utili Billi 252-5543 ecascio@colliergov.net : HeidiAshton cicko Man Asst. County Attorn 252-8773 heidiashton@collie net E John DeBlasiis Zoni Services / Plannin Tech 252-7050 hndeblasis@collie net Dale FeyE North Collier Fire dal @collie .net DeselemK Zon in Services 252-2586 kaydeselem@colli .net I Eric Fey, P.E utili Plan Review 252-2434 ericfey@colli v, net Sue Faulkner Comprehensive Plannin 252-5775 suefaulkner@colliergov.net f Paula Fleishman lm ct Fee Administration 252-2924 aulafleishman@colli .net Michael Gibbons!Structural/Residential Plan Review michael bbons@colliergov.net Gundlach, AICP, PLAI r,,ra Zonin Services 252-2444 nancygundlach@colli .net Shar Hi!on East Na es Fire District 687-56s0 shingson@ccfco I John Houldsworth Engineerin Services 252-5757 ohnhouldsworth@colli ergov.net ES! Jodi Hu Transportation Pathw ays jodihu hes@colliergov.net Il elicia Humphries -Of-Way PermittiR 252-2326 aliciah u m ph ries@collie rgov.netxEric Johnson, AICP CFM Zoni Services 252-2937 ov.neteflcohnson@collie Marcia Kendall!Comprehensive Planni 252-23a7 marcia kenda ll@colli v. net Ku lak!pa Zoni Services / Plannin g Tech 252-1035 atriciakulak@collie net Ste LenI f Environmental Review 252-2915 ov.netstevelenberger@colliell Paulo Martins ulomartins@colli ergov.net Thomas Mastroberto Fire SafetyGreater Na les 252-7348 v.netThomasmastroberto@collie Jack McKenna, p.E!neering ServicesE 252-29Lr ackmckenna@colli . net Matt Mclean, P.E.!ManPrincipal Pro 2s2-8279 matthewmclean @colliergov.net. Gilbert Moncivaiz utili lmpact Fees 252 4275 lbertmoncivaiz@collie . net!Michele Mosca , AICP lm act Fee Administration 252-2466 netmichelemosca@collie! Annis Moxam Addressin 252-5s19 .netannismoxam@collie updated 4/26/201.7 Pagel4of5 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 (2t9}. 252-24OO Name 252-5744 Utilities 252-4285 252-2497 252-2426 Co et County COtI.IER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Additional Attendee Contact lnformation : 28OO NORTH HORSESHOE DRIVE NAPLES, FLORTDA 34104 12391252-24OO K,OA- Graphics 252-2375 mariamocheltree@colliergov.net [l Brandy Otero Transit 2s2-s859 brandyotero@colliergov.net 252-1?,10 hi ll p, n.2 ke fAcol I iergov net Brandi Pollard!Utility lmpact fees 2s2-6237 brandipollard@colliergov.net Fred Reischl, AICP Zoning Services 252-42!r fredreischl@colliergov.net Brett Rosenblum, P.E.!Stormwater Plan Review 2s2-290 brettrosenblum@colliergov.net Richard OrthE Stormwater Plan Review richardorth@colliergov.net ff. tvtichael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net .- Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net r. Chris scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net Peter Shawinskytr Architectural Review 252-4523 petershawinsky@colliergov.net - Camden Smith Zoning SeMces / Operations Ana \,st 252-7042 camdensmith@colliergov.net X Scott Stone Assistant County Attorney Scottstone@colliergov.net L Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net Mark TempletonE Landscape Review 252-2475 marktempleton @colliergov.net Kris VanLengen4 Utility Planning 252-5366 krisvanlengen@colliergov.net ! Jessica Velasco Zoning Division 252-2584 jessicavelasco@colliergov.net il Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net David Weeks, AICPtr Future Land Use Consistency 252-2306 davidweeks@colliergov. net Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughbytr Planning and Zoning 252-5748 christinewilloughby@colliergov.net Name Representing Phone Email \L l-\L a @6H\)s1-ss31 F.t,7 t-1A-ro 2)lGt .-nrhe{I.€ su lr,.- P,/1Ir ,kLttJ Crni hl^,i Co ltre tL 6p "r l:?s7-(re N(Tkcn;O $uiet updated 4/26/20L7 Page l5of5 Mariam Ocheltree BillP.{€rke.--N^.fh a^llier Firp Srfptv 252-5092 252-5740 u,rril(^ ".Lq-G c " (;.to,,.r l.1Trzt/1" a ,r").,blo E'.ubeA et C-ouuty Cha ter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. lncomplete submittals wlll not be accepted. Not Required Application (download current form from County website)Com leted 16 Cover letter bri explaining the project 16 Pre-lication Notes 1 Affidavit of 1 signed and notarizedi 2 Warra Deed(s)3 Bounda Survey 3 Con ual Site Plan 24" X 36" plus (one 8 % X 11 co pv) Plans showing proposed location for utilities, if uired Plans for screeninB and buffering the use with reference as to type, dimensions, and character, if required n il n Plans showing the proposed landscaping and provisions for trees protected by Coun ulations, if required n Plans showing the proposed signs and lighting, including type, dimensions, and character, if required w' Architectural Rendering of Proposed Structure(s), if applicable 4 n Current aerial photographs (available from property Appraiser) with project and, if vegetated, FLUcFCS Codes with I end included on aerialbounda 5 Statement of utility provisions (with all required attachments & sketches )1 n Environmental Data Requirements, pursuant to LDC section 3.Og.OO 3 !Environmental Statement (El5 Data Requirements collated into a single Environmental lmpact ) at time of public hearings. Coordinate with project planner at ti of ublic hearin Listed Species Survey; less than 12 months old lnclude copies of previous surveys 2 !Traffic lmpact Study (TlS) or waiver 7 Historical and Archeol cal Surve , or watver 4 ectronic copy of all documents and plansEI fficPehTa5eoe e ol the Ex ma n e U are5 m ate afl s btoeq e us mb ditte ectel o ican P o foF m a 1 * lf located in the Bayshore/ requirement Gateway Triangle Redevelopment A rea, includ e an additional set of each submittal -wrjr-.zI'iJT I[,J7.7t, I-]Ii,rL Page 1 of 5 COLLIER COUNry GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierpov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FIORIDA 34104 12391 2s2-24OO FAx: (239) 2s2-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: E A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals fl A Minor Conditional Use to be heard by the Office of the Hearing Examiner Requirements for Review flof Copies Required lt4 ft lx,II Comoleted Addressinp Checklist ft ftr( ..fttt,ftftW.ftn a/ IYiltr W,w >E (! V M trIV advise:Hearing in / 3/77 /2017 'r C-OUW ty COtt|ER COUNry GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierEov,net ADOITIONAT REQUIREMENTS FOR THE PUBTIC HEARING PROCESS: . Following the completion ofthe review process by County review staff, the applicant shall submit all materials electronically to the designated proiect manager. . Please contact the project manager to confirm the number of additional copies required. lPlanners: lndicate if the petition needs to be routed to the followi additional reviewers: Communication Towers: Bayshore/Gateway Triangle Redevelopment Executive Director d Emergency Management: Oan Summers; and/or /EMS: Artie Bay Con servancy of SWFL: Nichole Ryan Graphics: tM.riaftffitree Mtke Dt.pq.StrCity of Naples: Robin Singer, Planning Oirector Utilities Engineering: Eric Fey Parks and Recreation: Vicky Ahmad lmmokalee Water/Sewer District: Other:n School District (Residential Components): Amy Heartlock Mosquito Control Collier County Airport Authority f,,laples Airport Authority Commercial Mini lmpact Fees 3/ 17 /2017 Page 2 of 5 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 123912s2-24OO FAx: (239) 252-6358 tr tqZII ! t C-,OUL w COLTIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,collierpov.net 28OO NORTH HORSESHOE DRIVE NAPIES, FLORIDA 34104 l2t9l 2s2-240o FAx: (239) 2s2-53s8 FEE REQUIREMENTS All checks paydble to: Eoord ol County Commissioners ' Pre-Application Meeting: S500.00 (to be credited towards the application fee if the application is filed _ within 9 months of pre-application neettngl /rt 1p KConditional Use Application Fee: 54,OOO.OOo When filed with Rezone Petition: S1,500.00 ., o Additional fee for 5rh and subsequent reviews: 20% of original fee \Uaomprehenslve Planning Consistency Review: g3OO.00 E/ Environmental Data Requirements-Els Packet (submittal determined at pre-application meetint): 52,soo.o0 Listed or Protected Species survey review fee (when an EIS is not required): S1,000.00 Transportation Fee, if required: Ia Methodology Review Fee: 5500.00o Minor Study Review Fee: $750.00o Major Study Review Fee: S1,500.00 Estimated Legal Advertisint Fee for the Hearint Examiner or CCPC: S1,125.00 Estimated Letal Advertising Fee for the BZA, if required: S50O.OO Fire code Plons Review Fees ore collected ot the time ol applicotion submission dnd those fees ore set forth by the Authority hoving iurisdiction. The Land Development Code requires Neighborhood Notificotion moilers for Applicotions heoded to heoring, ond this fee is collected prior to heorinq. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks poyable to: Boord of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Applicant/Owner Name (please print) f fl p/A D 3/17 /2077 Page 3 of 5 JohnsonEric From: Sent: To: Cc: Subject: WeeksDavid Thursday, )uly L3, 20L7 10:23 AM JohnsonEric BellowsRay; BosiMichael 7/LL/17 CU pre-app for batch plant partially in RFMUO Receiving Lands Eric, Just discussed this with Mike. My opinion is that the RFMUO supersedes the underlying "A" zoning - which contains conditions to be addressed for such a CU (all of which appear to pertain to compatibility); therefore, those conditions are not applicable on their face. Having said that, LDC Sec. 10.08.00 D. pertaining to review of CU petitions (see below), states "that satisfactory provision and arrangement has been made for the following matters, where applicable." One of those "matters" is compatibility. As such, I think it is appropriate to consider each of those "A" district CU standards Cmatters') as a guide in determining whether the use is compatible with surrounding and nearby properties . [As an example, the fact that the site is <10 acres is not, in and of itself, basis for finding the petition incompatible since that "condition" to address does not strictly apply - the matter to consider would be whether the site could be designed and the use operated in a manner deemed compatible with surrounding and nearby properties (which may or may not be possible due to the parcel's size and/or dimensions - 7.3 acres; 329'x969'per PAO GIS). Even if the parcel were >10 acres, if it were narrow enough and/or located proximate to residential uses, it might be that it is not possible to make this use compatible.l D. Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the Gonditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. 2. 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. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatiblllty with adjacent properties and other property in the district. Dayi4. W@-frL David Weeks, AICP, Growth Management Manager Collier County Government, Growth Management Department Zoning Division, Comprehensive planning Section 2800 North Horseshoe Drive, Naples,FL34lO4 phone: 239 -252-2306; Elax: 239 -2SZ-66a9 email: dayidweeks@colliergov.net ; website: www.colliergoy.net 1 t-:-@!r. <17,,.,,J4r- Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. lnstead, contact this offlce by telephone or in wriling. 2 A a g,1trh C-,ouuty Dt1 1,e t,c,Vl uD-Aeer Notest323 o ru s 4n-,TAz R 4f/24'(l o es C*o FM ,'l Z lrl/L C,rv !-a-ut /-k- /Neet-zc,-;L"z/t/ a2- a_ J hr-,"/o-/s " u.&ui/t i o," lJrl,4 0s ) +t/ COLTIER COUNIY GOVERNMENT GROWTH MANAGEMENT DIVISION www.collierpov.net 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 123912s2-24OO ,{t VLU- V t4 P ET Crovmty COTLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercov.net 28OO NORTH HORSESHOE DRIVE NAPIES, FTORIDA 34104 1239t.Z'2-24OO Meeting Notes 5€s @ 7 t updated 4/26/2077 Page l2of5 .fff"r.nn nw COttIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT .collierEov.net 28OO NORTH HORSESHOE DRIVE NAPTES, FLORIDA 34104 123912'2-Z4OO Znrs r(o A111 {'I'q"eQ.rtl[.tL 8. Meeting Notes e*a{,irot C L 5 fol (e r[u flet<r Pro .u)r FL ur 6 cl APo.rA [ , tlt,<|"-lr P(o<eL* Aera\ r* |t* lar..r tt I ^J f L E "r1uA( dEqc rJrs 4h tu€l- [4o(row 0 +" ?lenst Prov,le fuole.Ie Qeke<5fL A*a*t6f rro1r1, u s6,d 0i Disclaimer lnfomation provided by 2taff to appticant duing the pre-Apptication Meeting isbased on the best avaitabte data at the time oi the meefinj and may not fuily irriiiiJapplicant of issues that coutd aise duing fhe p/ocess. Th; Administrative code antd LDCdictates the regulations which alt applicaiions musf satrsfy. Any checklists provided of requireddata .for an appricatlon may not fuily ouiline what is neeaea. n is tne appricini" ,""pinrioititv toprovide all required data. updated 4/26/2077 Pagel3of5 Environmental Checklist Project Name ErGte C R onditional Use fA fntl Bntc ?tANt Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON.. ST. PUp. RLSA. RFMU- etc.) (LDC 2.03.05-2.03.08:4.08.00) Nor in CV Library srbri, "Bf;*tldr, ,ffi,#.f,',Y ) rr. the properry Appraiser,s office) and crearry derineare the subject site boundary lines. Ifthe site is vegetated, provide FLUCFCS overlay and vegetation inventory identifing upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.l. Application Contents #24). FLUCFCS Overlay -P627 Clearly identifu the location ofall preserves and label each as "Preserve" on all plans. (LDC 3.05.07.A.2). Preserve Label- P546 Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve width - P603 Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 Principle structures shall be located a minimum of 25'from the boundary ofthe preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within l0' ofthe boundary unless it can be shown that it will not affect the integrity ofthe preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifting all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback - New @ Wildlife survey required for sites where Listed Species - P522 ,ft,t). not required. when so warran-Sla tnv aala L l^Provide Environmental Data identifoing author credentials, consistency determination with the GMP s,o -srte preserves, seasonal and historic high water levels, and analysis ofwater qua lity. For land previously used for farm identiling any site contamination.fields or golfcourse, provide soil sampling/groundwater monitorin (LDC 3.08.00) Environmental Data Required - P 522 g @ Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 Additional Comments: Environmental Data Checklist Project Name &z The Environmental Data requiremenrscan be found in LDC Section 3.0g.00 provide the ErS ree irpuD or ,.. ,t (l^N,;,l.a- kA''l'ln LU, wHo AND WHAT coMpANy PREPARED THE ENVIRONMENTAL DATA REpoRT? preparation ofEnvironmental Data. Environmental Data submittal Requirements shall be prepared uy an i-noiviauar wltrracademic credentials and experience in the area ofenvironmental sciences or naturat ."ror* ,unug"ran,. o @ Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D;3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 0 Academic credentials and experience shall be a bachelor's or higher degree in one ofthe biological sciences with at least two years of ecological or biological professional experience in the Slate of Florida. Please include revision dates on resubmittals, Identif on a curent aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identifo on the FLUCFCS map the location ofall high quality wetlands (wetlands having funclionality scores ofat least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County stafl consistent with State regulation. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, \) provide elevations within each ofthe FLUCFCS C plans, include this information on the site plans. For SDP or final olat constructionuAlr,'4#5 a.2vrn lno*n to inh!/bit biotogical identified.on site Provide a wildlife survey for the nests of bald eagle and for listed species communities similar to those existing on site. The survey shall be conducted in accordance wilh the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of Iisted species occurrence is low. as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered Provide a survey for listed plants identified in 3.04.03 wildlife habitat managemenl and monitoring plans in accordance with 3.04.00 shall be required where Iisted species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identifu the location of listed species nests, burrows, dens, foraging areas, and the Iocation of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bali eag.le management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 9 o \0 b,L W,\/w\Ak R/,"fu.,p1 @ r 0.02.06. Identiry on a culrent aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each ofthe FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. lnclude the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features. located on abutting properties. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RI\4I1, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. Where off-site preservation of native vegetation is proposed in lieu ofon-site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type ofdonation (monetary payment or land donation) identified to satisfo the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification numbe(s) ofthe off-site parcel(s) if off-site donation of land is to occur. Provide the results ofany Environmental Assessments and/or Audits ofthe property, along with a narrative ofthe measures needed to remediate if required by FDEP. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golfcourses, Iandfill orjunkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds ofsolids were stored or processed or where hazardous wastes in excess of 220 pounds per month or I l0 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field ofEnvironmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department ofEnvironmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points ofcontamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient ofthe potentially contaminated site. Soil sampling should occurjust below the root zone, about 6 to l2 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in orwith the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part ofan Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. Identifo any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuanl to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the roject boundary an Wel lfield Risk Management Special Treatment Overlay Zones identified ons te ahat e design ofthe proposed stormwater management system and analysis of water quality andquantityrmpactsfully incorporate the requirements of the Watershed Management regulations of 3.07.00. 13. Jr I8. For sites located in the Big Cypress Area ofCritical State Concern-Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standa;ds and regulations in q.OZ)q. ,k /-\ lv t\ rt f1/ # For development orders within RFMU sending lands, show how the project is consistent wilh each ofthe applicable Objectives and Policies ofthe Conservation and Coastal Management Element ofthe GMP. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.4.3 l) The following to be determined at preapplication meeting (Choose those that apply) d. Provide overall description of project with respect to environmental and water management issues. Explain how project is consistent with each ofthe applicable objectives and policies in the CCME ofthe GMP. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. Indicate wetlands to be impacted and the effects ofthe impact to their functions and how the project's design compensates for wetland impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS)0 document- orior to oublic hearincs and---- provided to the -ounryIhnager or des *thL ffu');u,) after all applicable staffreviews are complete. Copies ofthe EIS shall be ignee prior to public hearings. d.lfrAlw'^rA a* R!il,t--J-Ja),1;14jao !/dU leye- Is EAC Review (by CCPC) required? PUD master plan or PPL/SDP site plan notes:zo/Lz. Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisly the landscape buffer requirements after exotic vegetalion removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1 . Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 24. Additional comments 25. Stipulations for approval (Conditions) Ilo a-aL ruru,tt et C-ounty 28OO NORTH HORSESHOE DRIVE NAPLES, FTORIDA 34104 12391252-24oo FAX: (23e) 252-6358 Public Participation Requirements Notice for Minor Conditional Use Petitions Neighborhood lnformation Meeting (NlM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: . Date, time, and location ofthe hearing; o Description of the proposed land uses; and. 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. see chapter g ofthe Administrative code for the office ofthe Hearing Examiner procedu res. Notice for Conditional Use petitions Neighborhood rnformation Meeting (NrM) Requirements: Appricant must conduct aNIM at least 15 days prior to the advertised pubric hearing. The NrM shaI be advertised and a mailed written notice shaI be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3/17/2Ot7 COLLIER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net LDC Section 10.03.05 B. or C. Chapter 8 of the Administrative Code Page 4 of 5 C.ouuty COtt|ER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 28OO NORTH HOR5ESHOE DRIVE NAPIES, FLORIOA 34104 12391252-24OO FN<: (239) 252-6358 Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum:. Date, time, and location of the hearing; . Description ofthe proposed land uses; ando 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Commiftee (EAC): The EAC shall hold at least l advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. 3/77/2077 Page 5 of 5 Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. DeBlasiisJohn Subject: Location: Start: End: Show Time As: P120170002361 (CU) Conference Room C Tue 7 /LL/20L7 L:30 PM rue 7 /lU20L7 2:30 PM Tentative Recurrence:(none) Meeting Status: Not yet responded Organizer: CDS-C Required AttendeesJohnsonEric; 'faleesha@jreeng.com'; AhmadVicky; AlcornChris; Amy Lockhart-Taylor; AnthonyDavid; ArnoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; BeardLaurie; BeasleyRachel; BrownAraqueSummer; BrownCraig; CascioGeorge; CondominaDanny; CrotteauKathynell; CrowleyMichaelle; David Ogilvie; DeBlasiisJohn; DeselemKay; dfey@northcollierfire.com; DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; Gewirtzstorm; GiblinCormac; GosselinLiz; GundlachNancy; HouldsworthJohn; HughesJodi; Hu mphriesAlicia; JacobLisa;jnageond @sfwmd.gov; KendallMarcia; KulakPatricia; KurtzGerald; LenbergerSteve; LevyMichael; lmartin@sfwmd.gov; Louvierecarrett; Martinezoscar; MastrobertoThomas; MccaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; OrthRichard; pajerCraig; PatriciaKulak@colliergov.net; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; PochmaraNatalie; ReischlFred; RodriguezWanda; RomanDaniel; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithCamden; SmithDaniel; Stonescott; StrainMark SuleckiAlexandra; SummersEllen; SweetChad; tamiscotU TempletonMark; VanLengenKris; VelascoJessica; WalshJonathan; WeeksDavid; WickhamFlannery; Willoughbychristine Planner: Eric Johnson Fire District: Greater Naples I g e a E g $I IFI'FT I r,ll , II g t3E fr Hti E H E s:l L. I I s I":E' B-i.a. Iq t E g I q1trE t I I _t E Il 1 ,i E r* ,- .l T:51 R: 27 S: 07 T: 51 R:27 rJ :t zoriiffg:I.e'l 7s i" 7 l"-^aIE-r-.1H1rjxtl\v 7 ,l t-: I I S: l8 T; 51 R: 27 (L Zoning: .TTRVC I oz =ulo uJtr ol =ll-t t'i I I I i F f E 6 Adt* sgQ $ E rtrH I II lnlIITIIL'l t ra t [1 f,I a ffi rc E I ET 9 E E A€tk€96 i.r I g I I HH l rl@ CMIIEfiEreEINIHE I HE ,i h F I II CU-PL20170002361 CU-PL20170002361 $ 0 $ 0 $ 975,000 $ 0 $ 0 $ 0 $ 0 $ 0 $ 92,250 $ 0 $ 92,250 $ 92,250 $ 92,250 $ 92,250 Collier County Property AppraiserProperty Summary Parcel No.00763600006 Site Adr.15583 TAMIAMI TRL E, NAPLES, FL 34114 Name / Address HOLLINGSHEAD LAND LLC 4472 HICKORY GROVE ROAD City MURFREESBORO State TN Zip 37129-7447 Map No.Strap No.Section Township Range Acres *Estimated 6C18 000100 008 6C18 18 51 27 7.3 Legal 18 51 27 COMM NE CNR SEC 18, W 657.37FT POB, SLY 968.59FT, WLY 328.41FT, NLY 969FT, ELY 329FT POB 7.30 AC OR 752 PG 414*** Millage Area 223 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.245 6.258 11.503 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/15/17 5398-1425 05/15/17 5398-1424 04/28/17 5388-2052 04/27/17 5388-2046 10/03/02 3122-3402 07/08/02 3068-576 05/03/78 752-414 06/01/76 654-1859 2016 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll ZONED: INDUSTRIALZONED: AGRICULTURAL MATERIALPROCESSING &BUILDING AREAMATERIAL TESTING &STORAGE AREAEQUIPMENTPARKING AREA10' TYPE "A" BUFFER5' TYPE "A" BUFFER ZONED: AGRICULTURAL ZONED: INDUSTRIALZONED: AGRICULTURALZONED: INDUSTRIAL ZONED: AGRICULTURAL ZONED: AGRICULTURALPROJECT ACCESSWATER MANAGEMENTAREA30.0'MIN BLDGSETBACKVEHICULAR PARKINGMATERIAL STORAGE30.0'ROADWAYESMTPROPERTY LINEPROPERTY LINEPROPERTYLINE10' TYPE"A" BUFFER30.0'MIN BLDGSETBACK479.5' MIN PROVIDED BLDG SETBACKPROPERTY LINE240.0' MIN PROVIDED BLDG SETBACK 296.0' 288.4'SWALE TO BE PROVIDED ASNECESSARY AT PROPERTYBOUNDARY TO ALLOWCONVEYANCE OF OFF-SITEFLOWSSWALE TO BE PROVIDED AS NECESSARY AT PROPERTYBOUNDARY TO ALLOW CONVEYANCE OF OFF-SITE FLOWS10' TYPE "A" BUFFER 10' TYPE "A" BUFFER10' TYPE "A" BUFFER 10' TYPE "A" BUFFER FILE DATE:SMYRNA READY MIXEAST TRAIL PLANTMASTER CONCEPT PLANSHEET:J.R. EVANS ENGINEERING, P.A.9351 CORKSCREW ROAD, SUITE 102ESTERO, FLORIDA 33928PHONE: (239) 405-9148FAX: (239) 288-2537WWW.JREVANSENGINEERING.COM108/201700120'60'SCALE: 1" = 120'NP:\Land 2015\259. Eagle Ready Mix\25916-01 Collier Batch Plant\01 Drawings\Exhibits\Master Concept Plan\25916-01-MCP-(2019-03-22).dwg CHRISTOPHER R. MITCHELL P.E.FL. LICENSE NO. 56740FL. COA # 29226#DATE11/08/17REVISED PER COUNTY COMMENTS1REVISIONS111DEVELOPMENT REGULATIONSREARREQUIRED50'**SETBACKFRONT25'*SIDE30'**479.5'240.0'30.0'*SETBACK REQUIREMENTS BASED ON BASE ZONING(INDUSTRIAL DISTRICT).**SETBACK REQUIREMENTS BASED ON RFMUO-RECEIVINGLANDS DISTRICT PER LDC 2.03.08 A.2.a.(4)(a)2PROJECT SUMMARYLAND USEIMPERVIOUSBUILDINGSPAVEMENTTOTAL IMPERVIOUS AREA1,200 SF49,208 SF152,619 SFPERVIOUS0.03 AC1.13 AC3.50 AC0.4 %15.5 %48.0 %OPEN SPACE76,896 SFTOTAL SITE AREA318,325 SF1.77 AC7.31 AC24.1 %100 %STABILIZED MATERIAL102,211 SF2.34 AC32.1 %RETENTION AREA88,810 SF2.04 AC27.9 %111102/26/182REVISED PER COUNTY COMMENTS2222222NATIVE PRESERVATION NOTES1.NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS REQUIRED2LEGENDPROPERTY AREA NOT SUBJECT TO CONDITIONALUSE REQUIREMENTS. PROPOSED USE ALLOWEDWITHIN THE INDUSTRIAL DISTRICT.PROPERTY AREA SUBJECT TO CONDITIONAL USEREQUIREMENTSCONCEPTUALPROVIDED333310/17/183REVISED PER COUNTY COMMENTS01/03/194REVISED PER COUNTY COMMENTS4403/22/195REVISED PER COUNTY COMMENTS555J.R.ENGINEERINGEVANS SUMMARY OF NEIGHBORHOOD INFORMATIONAL MEETING Eagle Ready Mix Collier Batch Plant (CU), PL20170002361 February 27, 2019 at 5:30 p.m. at Rookery Bay Environmental Learning Center The meeting started at 5:30 pm with a presentation of the Conditional Use application by Daniel DeLisi. DeLisi described the property location and zoning The property access Chris Mitchell, project engineer, described the use Mr. Casantino asked if the Cemex plant that is nearby is the same thing. Mitchell answered that it is. Pat Rodinski asked if the batch plant is the only use that can go on the site. Kevin Eisenbath and DeLisi answered that the property is limited to what is in the application without going back through the process. Pat Rodinski asked if we can have a condition that this is only concrete. The applicant said they would look into it. Rodinski stated that with the limitation of concrete they are ok with the application. Gil Martinez, Collier County clarified that they application is for a single specific use that can be conditioned. Paul Rodinski asked about noise protection. Casantino asked for limits on hours of operation. Rodinski is concerned about noise from operations, not hours for maintenance and ancillary office. Mr. Martinez reviewed the process moving forward. Mr. Mitchell answered a question on how quickly the project could move forward. 4-12 months. SMYRNA READY MIX EAST TRAIL PLANT Rezoning Environmental Information (February 2018) The Smyrna Ready Mix East Trail Plant property is 7.31± acres in size. Based on historical aerials, this property and the surrounding lands had been cleared and were being used for row crops and/or cattle pasture prior to 1980 (see attached undated historic aerial). By 1980 excavation of the agricultural fields within this property had been initiated and by 1985 the vast majority of the property was excavated. The southern portion of the site was either not excavated or was excavated and then back filled by 1985. Some additional backfilling appears to have occurred in the 1990’s Currently the previously excavated portion of the site is vegetated by willow. Brazilian pepper is present along the edge of the old pit. Ground cover species include para grass, cattail, primrose willow, and water-hyacinth. This area appears to be inundated by more than three feet of water during the wet season. Please see the attached Vegetation Map and Protected Species Assessment for a discussion of the current site conditions. Based on email communications with Ms. Summer Araque (copy attached), the site does not contain any native vegetation. Bald eagle nest CO-037 is located approximately 580 feet west of the northern portion of the property. As shown on the attached map, approximately 0.59 acres of the subject property is located within the 660 feet buffer zone. The vast majority of the property within the 660 feet buffer zone will consist of a perimeter berm and water management facility. The land between the property and the eagle nest is densely vegetated by mature Brazilian pepper and therefore it is unlikely that the construction and operation of the proposed facility will impact the bald eagles. The applicant will coordinate with the U.S. Fish and Wildlife Service (FWS) during the federal permitting of this project and will implement protective measures (if any) as required by the FWS. Craig M. Smith of W. Dexter Bender & Associates, Inc. prepared the Protected Species Assessment. Mr. Smith has been employed as a full time environmental consultant in southwest Florida since 1987. A copy of his credentials is attached. Y:\EAGLE-1\County Zoning\Feb 2018\County Zoning Info.Docx SMYRNA READY MIX EAST TRAIL PLANT Section 18, Township 51 South, Range 27 East Collier County, Florida Protected Species Assessment July 2017 Prepared for: Eagle Ready Mix, LLC 16576 Gator RD Fort Myers, FL 33912 Prepared by: W. Dexter Bender & Associates, Inc. 4470 Camino Real Way, Suite 101 Fort Myers, FL 33966 (239) 334-3680 1 INTRODUCTION The 7.31± acre parcel is located within a portion of Section 18, Township 51 South, Range 27 East, Collier County, Florida. The lands to the north of the site appear to have been excavated prior to 1980. The land to the east consists of fallow farm field and commercial development. An auto salvage yard is present to the south. Additional fallow farm field is present to the west. SITE CONDITIONS Based on historical aerials, this property and the surrounding lands had been cleared and were being used for row crops and/or cattle pasture prior to 1980. By 1980 excavation of the agricultural fields within this property had been initiated and by 1985 the vast majority of the property was excavated. The southern portion of the site was either not excavated or was excavated and then back filled by 1985. Some additional backfilling appears to have occurred in the 1990’s. VEGETATIVE CLASSIFICATIONS The predominant vegetation associations were mapped in the field on 2017 digital 1” = 100’ scale aerial photography. The property boundary was obtained from Rhodes and Rhodes Land Surveying, Inc. and inserted into the digital aerial. Five vegetation associations were identified using the Florida Land Use, Cover and Forms Classification System (FLUCCS). Figure 1 depicts the approximate location and configuration of these vegetation associations and Table 1 summarizes the acreages by FLUCCS Code. A brief description of each FLUCCS Code is also provided below. Table 1. Acreage Summary by FLUCCS Code FLUCCS CODE DESCRIPTION ACREAGE 618E3 Willow Invaded by Exotics (51 – 75%) 5.55 740 Disturbed Land 1.61 740H Hydric Disturbed Land 0.08 742 Borrow Areas 0.07 Total 7.31 FLUCCS Code 618E3, Willow Invaded by Exotics (51 – 75%) Most of the site consists of a willow (Salix caroliniana) dominated wetland that has become established within the excavated area. Brazilian pepper (Schinus terebinthifolius) is present along the edge of the wetland. Ground cover species observed include para grass (Urochloa mutica), cattail (Typha sp.), primrose willow (Ludwigia peruviana), and water-hyacinth (Eichhornia crassipes). This area appears to be inundated by more than three feet of water during the wet season. Rock, construction debris, and concrete were also observed along the edges of this area. 3 FLUCCS Code 740, Disturbed Land The southern portion of the site has been significantly disturbed and is dominated by exotic and weedy species. Australian pine (Casuarina equisetifolia), lead tree (Leucaena leucocephala), air potato (Dioscorea bulbifera), and Brazilian pepper are common around the edges of the field. The remainder of the field is vegetated by species such as castor bean (Ricinus communis), flatsedges (Cyperus spp.), whitehead broom (Spermacoce verticillata), wedelia (Wedelia trilobata), and morning glory (Ipomoea sp.). FLUCCS Code 740H, Hydric Disturbed Land A small area of disturbed wetland is located in the southwest corner of the site. This area contained scattered willow saplings, flatsedges, dayflower (Commelina diffusa), wedelia, and foxtail grass (Setaria sp.). FLUCCS Code 742/743, Borrow Areas/ Spoil Areas Several small excavated cells surrounded by narrow filled berms are present near the east property line. The cells are vegetated by willow. SURVEY METHOD Based on the general habitat types (FLUCCS Codes) identified on-site there is a very low potential for a limited number of species listed as endangered, threatened, or species of special concern by the Florida Fish and Wildlife Conservation Commission (FWC) or the United States Fish and Wildlife Service (FWS) to potentially occur on the subject parcel. These species include gopher tortoise (Gopherus polyphemus), American alligator (Alligator mississippiensis), eastern indigo snake (Drymarchon corais couperi), a variety of wading birds, and Florida panther (Felis concolor coryi). The bald eagle (Haliaeetus leucocephalus), which has been delisted by the FWC and FWS, is still protected by other regulations and was therefore included in the survey. The Florida black bear (Ursus americanus floridanus), delisted in 2012, is still protected by the Florida Black Bear Management Plan and was therefore included in the survey. Please see Table 2 for additional listed species included in the survey. In addition, per Collier County regulations three species of orchids (Cyrtopodium punctatum, Encyclia cochleata, and E. tampensis) and four species of wild pine (Tillandsia fasciculata, T. utriculata, T. balbisiana, and T. flexuosa) which could potentially occur on-site were included in the survey. In order to comply with FWC/FWS survey methodology guidelines, each habitat type was surveyed for the occurrence of the species listed above using meandering pedestrian belt transects. Observations for listed species were made during specific protected species survey events. The meandering pedestrian belt transects were spaced approximately 50 feet apart in the disturbed uplands and 65± feet apart in the willow dominated wetlands. The approximate location of direct sighting or sign (such as tracks, nests, and droppings) of a listed species, when observed, was denoted on the aerial photography. The 1" = 100’ scale aerial Protected Species Assessment map (Figure 1) depicts the approximate location of the survey transects and the results of the survey. The listed species survey 4 was conducted during the mid-day hours of November 2, 2016 in the disturbed uplands and on May 30, 2017 for the wetlands. Prior to conducting the protected species survey, a search of the FWC listed species database (updated in June 2016) was conducted to determine the known occurrence of listed species in the project area. This search revealed no known protected species occurring on or immediately adjacent to the site. According to the FWC listed species occurrence database the property is located within the FWS designated Core Foraging Area of a wood stork (Myrcteria americana) colony (Figure 2). The database indicated that a bald eagle (Haliaeetus leucocephalus) nest (Nest Number CO-037) is present approximately 580 feet west of the property’s northwest corner (Figure 2). The bald eagle was removed from the Endangered Species Act (delisted) by the U.S. Fish and Wildlife Service (FWS) in August 2007. The Florida Fish and Wildlife Conservation Commission (FWC) also delisted the bald eagle at the state level in April 2008. However, both the FWS and the FWC continue to regulate development activities in the vicinity of bald eagle nests. In addition, the property is located within the secondary zone of the 2007 Florida Panther Focus Area identified by the FWS. The Florida panther (Felis concolor coryi) is listed as endangered by both the FWS and FWC. Florida panther telemetry points for cat number 193 have been recorded within 100± feet of the property between 2011 and 2015. Florida black bear have been recorded east of the property. Table 2. Listed Species That Could Potentially Occur On-site FLUCCS CODE Percent Survey Coverage Species Name Present Absent 618E3 80 American Alligator (Alligator mississippiensis) Little Blue Heron (Egretta caerulea) Reddish Egret (Egretta rufescens) Snowy Egret (Egretta thula) Tricolored Heron (Egretta tricolor) Wood Stork (Mycteria americana) Florida Black Bear (Ursus americanus floridanus) Florida Panther (Felis concolor coryi) √ √ √ √ √ √ √ √ 740 80 Gopher Tortoise (Gopherus polyphemus) √ 740H 80 None 742 80 None SURVEY RESULTS No species listed by either the FWS or the FWC were observed on the site during the protected species survey. No potential Florida bonneted bat (Eumpos floridanus) 6 potential cavity trees or other roosting structures are present on-site. None of the orchids or wild pine species listed by Collier County were observed. In addition to the site inspection, a search of the FWC species database (updated in June 2016) revealed no known protected species within or immediately adjacent to the project limits. Y:\EAGLE-1\PSA.docx 1 Craig Smith From:BrownAraqueSummer <SummerBrownAraque@colliergov.net> Sent:Wednesday, August 02, 2017 11:46 AM To:Craig Smith Cc:AnthonyDavid; BrownCraig Subject:RE: Concrete Batch Plant on US 41, Pre-Application Meeting 20170002361 Attachments:Historic Aerial.pdf; Vegetation Map.pdf With the information you have provided, the site does not contain any native vegetation.    Regards,    Summer B. Araque  Principal Environmental Specialist   Environmental Planning Section Supervisor  Development Review Division  Phone: 239‐252‐6290  How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback!    From: Craig Smith [mailto:csmith@dexbender.com]   Sent: Monday, July 31, 2017 1:59 PM  To: BrownAraqueSummer <SummerBrownAraque@colliergov.net>  Cc: AnthonyDavid <DavidAnthony@colliergov.net>  Subject: RE: Concrete Batch Plant on US 41, Pre‐Application Meeting 20170002361    Summer:    The primrose willow is Ludwigia peruviana.      Craig M. Smith, M.S., P.W.S.  Senior Ecologist  DexBender  4470 Camino Real Way, Suite 101  Fort Myers, FL  33966  Office: (239)334‐3680  Cell: (239)470‐2812    From: BrownAraqueSummer [mailto:SummerBrownAraque@colliergov.net]   Sent: Monday, July 31, 2017 1:56 PM  To: Craig Smith <csmith@dexbender.com>  Cc: AnthonyDavid <DavidAnthony@colliergov.net>  Subject: RE: Concrete Batch Plant on US 41, Pre‐Application Meeting 20170002361    Hi Craig,  What specific Primrose Willow?  I will take a look at the code and discuss with the team to provide feedback  on whether the 618E3 area would be considered native.    2 Regards,     Summer B. Araque  Principal Environmental Specialist   Environmental Planning Section Supervisor  Development Review Division  Phone: 239‐252‐6290  How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback!    From: Craig Smith [mailto:csmith@dexbender.com]   Sent: Monday, July 31, 2017 1:29 PM  To: BrownAraqueSummer <SummerBrownAraque@colliergov.net>  Cc: AnthonyDavid <DavidAnthony@colliergov.net>  Subject: Concrete Batch Plant on US 41, Pre‐Application Meeting 20170002361    Summer:    I will be working on the environmental portions of the conditional use application for this project but was unable to  attend the pre‐application meeting.  Based on historical aerials, this 7.3 acre property and the surrounding lands had  been cleared and were being used for row crops and/or cattle pasture prior to 1980.  By 1980 excavation of the  agricultural fields within this property had been initiated and by 1985 the vast majority of the property was  excavated.  The southern portion of the site was either not excavated or was excavated and then back filled by  1985.  Some additional backfilling appears to have occurred in the 1990’s.  I have attached an old aerial and a current  Vegetation Map of the site.      Currently the previously excavated portion of the site is vegetated by willow.  Brazilian pepper is present along the edge  of the old pit.  Ground cover species include para grass, cattail, primrose willow, and water‐hyacinth.  This area appears  to be inundated by more than three feet of water during the wet season.    I discussed this site with David Anthony awhile back to get his thoughts on whether the willow dominated excavated  area would be considered as "native vegetation" by the County.  He seemed to think that it might not (i.e. it is an  overgrown pit and not a natural system) but since at that time we were considering rezoning to industrial, no preserve  would be required due to the small size of the overall project.       Please give me a call to discuss.  Thanks.       Craig M. Smith, M.S., P.W.S.  Senior Ecologist  DexBender  4470 Camino Real Way, Suite 101  Fort Myers, FL  33966  Office: (239)334‐3680  Cell: (239)470‐2812    Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Current Responsibilities Project Manager providing an array of environmental studies and services related to land development and property evaluation in south Florida. These activities, performed for private landowners and public entities, include vegetation mapping, binding and informal state and federal wetland jurisdictional determinations, wetland functional assessments using UMAM, WRAP, and MWRAP, habitat evaluations, establishing seasonal high water elevations for wetlands using biological indicators, threatened and endangered species surveys, and wetland (COE, DEP, and SFWMD) permit applications. Additional services include threatened and endangered species relocation and management plans, wetland mitigation (creation, restoration, enhancement, and preservation) plans, and the design and implementation of wetland monitoring plans. Experience Joined the firm in 2003 bringing over 16 years of experience as an environmental consultant in South Florida. More than 275,000 acres of land has been mapped and evaluated since 1987. Mapping includes detailed macrophyte community mapping, more general plant community mapping of wetlands and uplands, and the mapping of current and historic conditions based on photo interpretation. Individual properties ranged in size from less than one acre to more than 5,000 acres located in Collier, Lee, Charlotte, Sarasota, Hardee, and Polk Counties. Projects have included agricultural, residential, commercial, and industrial land uses, new and expanding roadways, and wetland restoration (wetland mitigation banking). Wetland permitting experience includes wetland delineation, preparation of state and federal permit applications and supporting documents, responding to agency questions and third party concerns, and negotiating mutually acceptable wetland mitigation plans. Surveys and management plans have been conducted and prepared for gopher tortoises, eastern indigo snake, bald eagle, red-cockaded woodpecker, Florida bonneted bat, and Big Cypress fox squirrel. Has authorization from the Florida Fish and Wildlife Conservation Commission to conduct surveys, prepare permit applications, and relocate gopher tortoises as an Authorized Gopher Tortoise Agent. Is qualified as an expert witness by the Lee County Hearing Examiner, Collier County Environmental Advisory Council, Collier County Planning Commission, and City of Bonita Springs Zoning Board, Village of Estero Zoning Board on environmental issues. Craig M. Smith, Senior Ecologist Recently completed and ongoing projects for the public and private sectors include monitoring of the Lely Area Stormwater Improvement Project mitigation park, wetland permitting and wetland enhancement plan development, implementation, and monitoring for Barrington Cove, Marsilea, Hadley Place, and Verona Pointe Estates in Collier County, and bald eagle management plan preparation for the Calusa Cay CPD, Mockingbird Crossing, Palms at Cape Coral, and the Winkler 10 Acre RPD. Education and Certification Master of Science, University of North Carolina at Wilmington, 1987. Bachelor of Science, Clarion University of Pennsylvania, 1984. Senior Ecologist, Ecological Society of America Professional Wetland Scientist (No. 238), Society of Wetland Scientists Certified Arborist (No. FL-6255A), International Society of Arboriculture Authorized Gopher Tortoise Agent (Permit No. GTA-09-00011E), Florida Fish and Wildlife Conservation Commission Qualified Bald Eagle Monitor, City of Cape Coral Provisionally Certified Wetland Delineator, U.S. Army Corps of Engineers Wetland Certification Program, 1993. Continuing Education Florida Master Naturalist Program – Freshwater Wetlands. University of Florida IFAS, 2012. Native Trees, Shrubs, and wildflowers for Central and South Florida: Zones 9-11. Florida Association of Native Nurseries. 2011. Unified Mitigation Assessment Method 201 Training. South Florida Water Management District. 2010. Florida Statewide (62-340 FAC) Wetland Delineation Training Program. Richard Chinn Environmental Training, Inc. 2007. Wetland Plant Identification Training Program. Richard Chinn Environmental Training, Inc. 2007. Unified Mitigation Assessment Method Training. U.S. Army Corps of Engineers. 2005. The Florida Master Wildlifer. University of Florida. Institute of Food and Agricultural Sciences. 2003. Basic Prescribed Fire Training. Hillsborough Community College. 1992. Florida Wetlands Successful Creation, Restoration, and Enhancement Training Course #1. Natural Resources Training and Certification, Inc. 1991. Florida Hydric Soils Workshop. Florida Association of Professional Soil Classifiers. 1991. Affiliations Ecological Society of America Society of Wetland Scientists COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 3/17/2017 Page 7 of 14 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________