Resolution 2007-149
RESOLUTION NO. 07- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR A CONCRETE PLANT AT SILVER
STRAND IN THE RURAL AGRICULTURAL-MOBILE HOME
OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO
SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a conditional use
for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO)
Zoning District pursuant to Section 2.04.03, Table 2 of the Collier County Land Development
Code on the property hereinafter described, and the Collier County Planning Commission has
found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and in accordance with
Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The petition filed by Fred Reischl, AICP, of Agnoli, Barber & Brundage and George L.
Varnadoe, Esq., of Cheffy Passidomo Wilson, & Johnson, LLP, representing Silver Strand III
Partnership with respect to the property hereinafter described in Exhibit "B," attached hereto and
incorporated herein by reference, be and the same is hereby approved for a conditional use for a
concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO)
Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
conditions set forth in Exhibit "D," attached hereto and incorporated herein by reference.
Page 1 of2
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote this / :J.,
day of '1' '^ , -
,2007.
ATTEST:
DWIGMTB: BIWCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~
By: .
J ES COLETTA, CHAIRMAN
, ."
~~Dl~fCl Uc
'". :" f.lEPJJTY CLERK
At t" SL c S t~ Uf41r11111'"
.
S l.\jlldtlir'l' 01'1 \ ~
rm and
zkow
stant County Attorney
CU-2006~AR-9458/MD/sp
Page 2 of 2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
l?C
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ./ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes -'-- No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or -L Affect mitigated by.... \.-
_ Affect cannot be mitigated
.
J
(. " J . c. ~ L(.
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: '-I. .., .0'7
i:
CHAIRMAN: --r-1--
''1-
-
........--:.
EXHIBIT A
Z,C
PRINCIP AL ANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
A Y B LOWS, PLANNING MANAGER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
~~ '-fVJ. / stv.-~
-&JSAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
APPROVED BY:
,
JO~ H K. SCH ITT, ADMINISTRATOR
C9'MMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
MARK P. STRAIN, CHAIRMAN
~/~7
DATE
1/'C; /07
DATF! .
~ / /, --;7
.J' 20,0 /
DATE :
3/2 7~7
DATE
3b3;b7
DATE '
DATE
Staff report for the April 5, 2007 Collier County Planning Commission Meeting
Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting
Exhibits: A. Findings of Fact
B. Proposed Conditions
C. lAMP Map
D. Traffic Impact Statement
E. EIS Waiver
F. Consistency Review
Gll-2006-AR-9458
l?C
f"
Page 11 of11
cepe Meeting April 5. 2007
l?C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesK No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes k.. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes X' No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: .~- S /J 7 ~;;;;;;A? ~ _ 7
EXHIBIT A
~~ '-fVJ. / stv.-~
-&JSAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
APPROVED BY:
~...,~-~
JO~' . ~"'~: ~CHiri, ADMINISTRATOR
C<?~MUNITY DEVELOPMENT &
EMVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
MARK P. STRAIN, CHAIRMAN
'.07
1/'C; /07
DATI!
! I
-.:; .tz ,"\ / ,"";--:;
.....,! ... -'.1 .j /
DAtE :
-0/2- 7~7
DATE
f3JJ7
DA E '
DATE
Staff report for the April 5, 2007 Collier County Planning Commission Meeting
Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting
Exhibits: A. Findings of Fact
B. Proposed Conditions
C. lAMP Map
D. Traffic Impact Statement
E. EIS Waiver
F. Consistency Review
CU-2006-AR.9458
1 ?C
Page 11 0111
cepe Meeting April 5, 2007
1 ?t:
t.
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within [00 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be 150-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser
type native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards wiU be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAL
EXHIBIT B
Page 1 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
,- ,~
r
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by B~ 6v-4 ~
_ Affect cmIDot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes-V-No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 11(1 bl
MEMBER:
~~
......
EXHIBIT A
l?C
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"lmmokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser
type native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAL
EXHIBIT B
Page 1 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
~
\.}
CU-2006-AR-9458
The following facts are found:
J. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V No affect or ~ Affect mitigated by
~ Affect Cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible Use within district
Yes
v
No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
f- )--07
MEMBER:
7
rz
h;tt
DATE:
EXHIBIT A
1?r:
BATCH PLANT LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET;
THENCE LEAVING SAID LINE NORTH 89017'5]" EAST A DISTANCE OF 150.0] FEET TO
AN INTERSECTION WITH THE EASTERI"Y RIGHT OF WAY LINE DESCRIBED IN OFFICIAL
RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND
PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION IS A DISTANCE OF 1203.97 FEET;
THENCE LEAVING SAID LINE SOUTH 00007'30" EAST ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE
OF 900.05 FEET;
THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LfNE 900.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
615.03 FEET;
THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY
FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET;
THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 150.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE;
THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;
CONTAINING 14.74 ACRES OF LAND MORE OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD:
ABSTRACT NOT REVIEWED.
AGNOLl, BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
GEORGE W. HACKNEY
P.S.M. 5606
CONTAINING 14.74 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
REF. ABB DWG # 9327-BS-31 JAN07
EXHIBIT B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
/!'7 ,~
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
/
/
Yes~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case offire or catastrophe:
Adequate ingress & egress
,
/
. ,
Yes v No
C. Affects neighboring properties in relati on to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above findings, this conditional use should, with tipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 1/sh
MEMBER:
EXHIBIT A
, ~J\'J\,,-'\ '..: i-\11Y8'-
I.
\
17C
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (ImmokaJee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. 'The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser
type native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAL
EXHIBIT B
Page 1 of2
1 ?r
'.."
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
The following facts are found:
CU-2006-AR-9458
I. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
C.
A.
Consistency with ~nd Development Code and Growth Management Plan:
YesL No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ing~ess
Yes_ No___
. hboring properties in relation to noise, glare, economic or odor
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with arcent properties and other property in the district:
Compatible ~in district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: tf~ ) -- 0 7 MEMBER:4-
J
v
EXHIBIT A
l?C
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
J. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser
type native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAL
EXHIBIT B
Pagt 1 012
l?~
,
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser
type native trees shall be provided along the perimeter of the subject property.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAL
EXHIBIT B
Page I 012
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
~i ''IJ n.
/ IT-
, \;"'.;
CU-2006-AR-9458
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes --.lL.. No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes v No
~f';
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or _ Affect mitigated by Vvt iJvJLI.~. d ~
_ Affect cannot be mitigated ~
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
/
Yes_ No
DATE:
MEMBER:
Based on the above findings, this conditional use should, wit
recommende fo approval to the Board of Zoning Appeals.
EXHIBIT A
l?C
BATCH PLANT LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE SOUTH 00"04'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION t5 A DISTANCE OF 1345.56 FEET;
THENCE LEAVING SAID LINE NORTH 89"17'51" EAST A DISTANCE OF 150.01 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL
RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND
PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEEr:
THENCE LEAVING SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION ]5 A DISTANCE
OF 900.05 FEET;
THENCE LEAVING SAID LINE SOUTH 89'17'5 I" WEST ALONG A LINE 900.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
615.03 FEET;
THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY
FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET;
THENCE LEAVING SAID LINE SOUTH 89' I 7'51" WEST ALONG A LINE 150.00 FEET
SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF
589.06 FEEr TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE:
THENCE LEAVING SAID LINE NORTH 00'04'34" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE A DISTANCE OF 150m FEEr TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED:
CONTAINING [4.74 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD:
ABSTRACT NOT REVIEWED.
AGNOLl. BARBER AND BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
P.S.M. 5606
CONTAINING 14.74 ACRES OF LAND MORE OR LESS;
SUBJECT TOFASEMENTSAND RESTRICTIONS OF RECORD:
A13STRACT NOT REVIEWED.
REF. ABB DWG # 9327-BS-3IJAN07
EXHIBIT B
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IMMOKALEE CONCRETE PLANT
CONCEPTUAL MASTER PLAN
EXHIBIT C
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SILVER STItAND nI PARTNEJlStm'
2~OO GOlDEN OATE PARKWAY
NAPL{'S.l'LJ4105
l?C
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
The petitioners agree to develop and maintain the project subject to the following conditions:
I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber &
Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable federal, state and
county laws and regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use, or major changes
to the approved plan, shall require the submittal of a new conditional use application and
shall comply with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03 of the Collier County Land Development Code, Ordinance 04-
41, as amended, relating to Site Development Plan (SDP) review and approval,
3. Principal access to the project site shall be from CR 846 (Immokalee Road).
4. Raw materials storage, plant location and general operations around the plant shall not be
located or conducted within 100 feet of any exterior boundary as shown on the conceptual
site plan.
5. The height of raw material storage facilities shall not exceed 50-feet.
6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to
sunset.
7. The minimum setback from lmmokalee Road (CR 846) shall be ISO-feet for operational
facilities and 75-feet for supporting administrative offices and associated parking.
8. An eight-foot height wall shall be located along the northern, southern, and western
boundaries of the "Concrete Manufacturing Facility," landscaping planted on the outside of
these walls.
9. Industrial noise buffering standards will be utilized to minimize noise generation and shall
not exceed the maximum noise standards for Collier County.
CONDITIONS OF APPROVAl.
EXHIBIT D
Page I of2
l?C
CONDITIONS OF APPROVAL
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9458
10. The project shall provide an annual monitoring report of traffic and road conditions
immediately adjacent to the project. The project must donate all necessary right-of-way for
the construction of turn, and acceleration lanes, and the future expansion of the adjacent
roadway at the time of the next Development Order. The applicant shall be responsible for
the costs of constructing the entrance, turning lanes, and a minimum 141 O-foot south bound
acceleration lane or other roadway improvements that is determined by the County
Transportation Planning Services Department. As related to this Conditional Use
application, the applicant shall not be responsible for further pavement widening
requirements after Immokalee Road (CR-846) is improved to a four lane minor arterial road
by Collier County.
CONDITIONS OF APPROVAL
EXHIBIT D
Page:2 of2