Resolution 1988-031
JANUARY 26, 1988
RESOLUTION 8 &- .1l..
RELATING TO PETITION NO. PU-87-22C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COU~-ry. FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapters
67-1246 and 125. Florida Statutes, has conferred on all counties in
Florida the power to establish, coordinate and enforce zoning and such
bU81~ess regulations 8S are necessary for the protection of the public;
and
WHEREAS, The County pursuant thereto has adopted a Comprehensive
Zoning Ordinance establishing regulations .for the zoning of particular
geographic divisions of the County. among which 1s the granting of
provisional uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected.
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Provisional Use "0" of
the A-2 zone for the property hereinafter described. and has found a8 a
matter of fact (Exhibit "A") that satisfactory provision and arrangement
has been made concerning all applicable matters required by said regulations
and in accordance with Section 13 - Id of the Zoning Regulations for the
Collier County Planning Commission; and
WHEREAS, all intere.ted partie. have been given opportunity to b.
heard by this Board in 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 of Thomas E. Kuck,
representing Highway Pavers, Inc., with respect to the property hereinafter
described as:
See Attached Legal Description
(Attachment "BII)
be and the same 1s hereby approved for Provisional Use "0" of the A-2
zoning district for a Portable Asphaltic Concrete Batch Plant subject to the
following conditions:
Se. Attached Agreement Sheet
(Attachment tiC")
;~~ 111 .,,~ 156
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of this Board.
BE IT FURTHER RESOLVED that this resolution be recorded in the minutes
JANUARY 26, 1988
Commissioner
r..rvv1night-
and moved its adoption, seconded by Commissioner
Pister
and upon roll call. the vote vas:
offered the foregoing resolution
AYES: ~ssioners Goodnight, Pister, Hasse, Saunders and Glass
NAYS: None
ABSENT AND NOT VOTING: I'hne
ABSTENTION: None
Done this
/hrh
day of
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j.TTEST" "
JAMES ,C: .m;LES. CLERK
By'~- ',J;L~
VU9J..I\: ~"(,bgr~ ~
Deputy Clerk
PP OVED AS'TO FORM & LEGAL SUFFICIENCY:
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: ~oZ--~
ARNOLD LEE GLASS. CHAIRMAN
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JANUARY 26, 1988
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-87-22C
The follOwing facts are found:
1.
Section 7.9 b. 3) (0)
provisional us~.
of the Zoning Ordinance authorized the
2. Granting the provisional use vi!1 not adversely affect the public
interest and viII not adversely affect other property or US8s in
the same district or neighborhood because of:
A. General compliance with the Comprehensive Plan:
Complies wi~~omprehenBive Plan
Ye8~ No_
B. Ingress and ftgress to property and proposed structures thereon
with particular reference to automotive and pedestrian ssfety
and convenience, traffic flow and control. and access in case
of fire or catastrophe:
Adequate,~re88 & egress
Yea..6- No_
C. Affects neighboring properties in relation to noise, glare,
~~nomic or odor effects:
~ No affect or Affect mitigated by
~ AIf;Ct cannot be mitigated
D. General compatibility with adjacent properties and other
property in the district:
Compatible~e within district
YeB~ No_
Based on the above findings, this provisional
stipulations, (copy attached) <..},,,,,1" ..."to) be
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DATE:
Chairman:
FINDING OF FACT FORM
laDII 111 r." 158
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JANUARY 26, 1988
OT rEK OATEL2/.If)jL!P SI ECT A ~'f.,~~T .'.6'. _ SHEET NO.~OF-L-
CHICO. BY_OATE_ ~ _ _~___ JOB NO.
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seCTION II
Ttt.e Northeast 1/4 of the SOuth....e.st 1/4 and the Northwest 1/4 of thg Southeast 1/4
of Section II, TovnBhip 50 South, Range 26 East, Collier County Florida containing
~ acres IOOre or less.
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JANUARY 26, 1988
AGREEllENT
I, Thomas E. Kuck, 8S owner or authorized agent for Petition
PU-8i-22C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on December 17. 1987.
8. Native species shall be utilized. where available, to the
maximum extent possible in the site landscaping design. A
landscaping plaD will be submitted to the Natural Resources
Management Department and the Community Development Division
for their review and Bubject to their approval. This plaD
will depict the incorporation of nattve species and their mix
with other species, if any. The goal of site landscaping
shall be the te-creation of Dative vegetation sDd habitat
characteristics lost on the site during construction or due to
past activities.
b. If. during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact. or other indicator is discovered, all
development at that location shall be immediately stopped and
the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of time
to enable the Natural Resources Management Department or a
designated consultant to aBBess the find and determine the
proper course of action in regard to its salvageability. The
Natural Resources Management Department will respond to any
such notification in a timely and efficient manner so as to
prov~de only a minimal interruption to sny constructional
actJ...v1tiea.
c. The petitioner shall submit for review and approval of NRMD, a
plrJO for yearly monitoring of groundwater, lake water, and
lire sediment, for possible petro-chemical contaminants.
d. The asphalt production area shall be surrounded by a dry
retention area, with an impervious layer. of sufficient volume
to contain the total amount of petro-chemicals that may be
stored on site 1n addition to run-off caused by a catastrophic
100 year storm event.
e. The proposed facility shall be subject to Florida
Administrative Code 1761.06. which provides guidelines for the
storage of petro-cheoicala in stationary tanks. This 1s
proposed as a precaution against possible groundwater
contamination in adjacent surface water areas and nearby soils
of high permeability and transmissivity.
"ATTACHMENT e"
mK 111f~c! 160
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IDOl llh~! 161
JANUARY 26, 1988
f.
Plan shall be submitted to CCPHU for review of sewage disposal
and water supply.
g.
To protect the ground water from contaminants the site may use
or generate J the ESPCD suggests t:lat the septic tank be used
only for domestic WAste.
h.
Detll1ed site drainage plaDs for the proposed asphalt plant
facjl1ty ehall b. lubmitted to the County Engineer for review.
No r;onatruction permits shall be issued unless and until
aprroval of the proposed construction 1n accordance with the
Bl"".Jmitted plans 1s granted by the County Engineer and upon
~eceipt of the S.F.W.M.D. approved modification to the surface
water permit for Willow Run.
1.
The operatlooshall be subject to Ordinaoce 85-55. and since
the land use is Dot identified under the development type in
the ordinance, a traffic impact statement shall be submitted.
approved, and applicable road impact fees paid prior to the
issuance of a development order or building permit for the
proposed use.
J.
An approved provisional use permit for earth mining with a
minimum size of 80 acres.
k.
A valid County commercial excavation permit.
1.
All County, State and Federal standards of performance for
Portable Asphaltic Concrete batch plants or Portable Portland
Cement Concrete batch plants shall be met.
m.
There shall be a height limitation of sixty (60) feet for the
plant ~nc ninety (90) feet for material storage sllos.
o.
A site development plan meeting the requirements of Section
10.5 of the Zoning Ordinance shall be submitted at the time of
build~,l:.g permit application.
o.
Limitations may be placed on the hours of operation to protect
the integrity of adjOining land uses where conditions warrant.
p.
The provisional use parcel for a Portable Asphaltic Concrete
plant or Portable Portland Cement Concrete plant shall have a
minimum setback of five hundred (500) feet from the boundary
line of the earth mining provisional use site.
q.
Any such provisional use granted hereunder shall expire five
(5) years after the effective date of approval of the
provisional use or upon expiration of the excavation permit or
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OF
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JANUARY 26, 1988
any oth~r T.pquir_A ~~rmlt whichever occurs firfit. The
prov~sional use may be renewed following the same procedure 8S
out~ined in Section 13.1. of the Zoning Ordinance 82-2. The
fee requirements will be waived for this re-appllc8tlon.
r.
AIL petroleum related products shall be stored above ground
ard located in a diked impervious cell to safeguard against
.,ertieal and horizontal ground contamination.
s.
The source of the majority of the -raw materials used in the
batch plant shall be the excavation site at which the plant is
located as it is the intent of this provisional use that the
plant function as an accessory use to on-site excavation.
t.
The Petitioner shall limit the asphalt batch plant operations
to only de; light hours.. <.'-':....... .t-
This provisional use I s approval is subj ect to the BC.C .', ,.' {'~ ~
approving the related zoning ordinance amendment (ZO~a7-18t)l :J
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
0(>- YW cv(t
\lfIcl'\
DAY
, 1988.
C1 L--6.J k. '-1Y\ o./v-t'c.:,..J
NOTARY
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MY CO~ISSION EXPIRES:
PU-87-22C Agreement Sheet
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BOOK 111 PA'1162
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