Ordinance 76-54E3 0
443156
ORDIN~¢CE NO. 76- 54
AN ORDINANCE AMENDING ORDINANCE 76-30 T}IF.
COMPREHENSIVZ ZONING REGULATIONS FOR THZ
UNINCORPORATED AREA OF THZ COASTAL AREA
PLANNING DISTRICT OF COLLIER COUNTY BY
AMENDING Tile ZONING ATLAS MAP NUMBER
49-27 BY CHANGING THE ZONING DISTRICT
FROM "A" AGRICULTURE TO "PUD" PLANNED
UNIT DEVELOPF2gNT FOR PROPERTY }IEREZN-
AFTER DESCRIBED AND PROVIDING AN EFFEC-
TIVE DATE:
WIIEPd~AS, Ashland Oil', Inc..' ~?arren Brothers Company
Division, petitioner the Board of County Commissioners of
Collier County, Florida, to change t. he zoning classification
of the real property hereinafter described.
NOW, THEREFORE BE IT ORDAINF. D by the Board of County
Commissioners of Collier County, Florida
SECTION ONE:
The zoning classification of the hereinbelow described
real property in Collier County, Florida, is changed from
"A" Agriculture to "PUD" Planned Unit Development and is subject
to all conditions hereinafter described, and the Official Zoning
Atlas Map Number 49-27 is hereby amended accordingly:
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672
DEVELOPHENT PLAN
FOR
WARREN BROTHERS COHPANY
PLANNED UNIT DEVELOPHENT
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PREPARED BY:
SECTION 16
TOWNSHIP 49 SOUTH, RANGE 27 EAST
COLLIER COUNTY,FLORIDA
WILSON, MILLER, BARTON, SOLL & PEEK. INC.
PROFESSIOnaL ENGINEERS AND LAND SURVEYORS
PROJECT ~10. 12312
MARCH, 1976
NOVEMBER 18, 197~ Approved by C.A.P.C.
ItlDEX
STATEHENT OF INTENT & COHPLIAUCE
LIST OF EXUIBITS
PROPERTY O~IIERSHIP AND DESCRIPTION
PROJECT OEVELOPHENT
TRACT A: It~DUSTRIAL AREA
TRACT B: EXCAVATION AREA
TRACT C: BUFFER AREA
DEVELOPHEUT STANDARDS
SECTION I
SECT[O[I I!
SECTION III
SECTION IV
SECTION V
SECTION VI
PAGE
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672
STATEHEtlT OF If;TErIT t. COrlPLI^UCE
The purpose of this re-zoning petition Is to provide For the continued
utilization of Section 16, Township q9 South, Range 27 East, Collier County,
Florida as an earth mineral mining area along wlth the associated processing
of those earth minerals and the manufacturing of certain construction
materials related to the mined earth mlnerals.
Thls property was purchased by Warren Brothers Company In !~6~ and an
earth mineral mining operation was started. The then existing Collier
County Zoning Regulations permitted such operations as · prlnclpal use
within the agricultural district.
Subsequent to that date, Warren Brothers was permitted to utilize a center
area of approximately 42 acres for offices, equipment storage and maintenance
as well as earth mineral processing. Warren 0tethers, In late 1972, requested
this center 42 acres be rezoned to Industrial to provide for their exlstlng
and planned uses. During the review of that petition on February 22, 1973,
the Coastal Area Plann[hg Commission of Collier County suggested that a more
appropriate zone For the entire project might be a Planned Unit 0evelopment.
The suggested Planned Unit Development zoning and associated development plan
will provide a master plan for the development of the entire property.
It Is the Intent of this document to Fulfill the suggestion of the Coastal
Area Plannlng Commission by Identifying the permitted land uses and the
regulations governing such uses.
This proposed zoning change vHII comply with the Planning and Development
Objectives of Collier County as set forth In the Compreshensive Plan In the
Following ways:
i)
The majority of the property has been and wlll continue
to be utilized For mining operations that are comparable
with the surrounding agricultural and estate zoning dlstricts.
2) The proposed zoning will not Intensify the use of the land
and w~ll not increase the demand on public services.
EXHIBIT A
EXHIBIT B
EXHIBIT C
LIST OF EXHIDITS
Development Plan Including General Location and
Surrounding Land U~e$ and Zonlng
Wilson, Hiller, Barton, Soll& Peek, Inc.
Drawing File liD. D-P7
Datad: April, 1~76
8oundary Survey
Wilson, Hiller, Barton & Soil, Inc.
Drawing File t~o. 3GG"3~6
Dated: August, 1970
Aerial Photo
Wilson, HI!let, Barton, 5o11 & Peek, Inc.
Drawing File f~o. 5E-7
Dated: December, 1975
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672:
SECTION I
PROPERTY O~llERSItlP AND DESCRIPTION
I.I. PURPOSE
The purpose of thls Section Is to delineate the 1ocatlon and o~mershlp
of the subJec[ property and to describe the existing conditions of the property
proposed to he developed under the project name of WARREN BROTHERS COHPANY
PLANNEO UNIT DEVELOPHENT.
1.2. LEGAL DESCRIPTION
The subject property Is described as: AIl of Section 16, Tcr~nshlp
South, Range 27 East, Collier County, Florida.
1.3. PROPERTY O~NERSNIP
The subject property Is owned by Ashland Oil, Inc. of Ashland, Kentucky
wh)ch Warren Brothers Company is a division.
l.q. GENERAL DESCRIPTION OF PROPERTY AREA
A. The general location of the subject property, the current zoning
classifications of surrounding properties and nearby land developments are
lljustrated by Exhibit 'A'.
B. The project site Includes all cf Section 16, Township 49 South,
Range 27 East and contains 666.70 acres. The project Is located one mile
south of Golden Gate Boulevard and Four milos east of State Road S-~SI.
1.5. PHYSICAL DESCRIPTION
The project ts located adjacent to ~ater Management District No. I end
most of the area Is within the drainage basin of the Golden Gate Canal. ~ater
Management for the proposed project presently uses and shall ultimately use the
lake retention method.
The soil types identified by the USUA Soil Conservation Service map For
the slte are approximately 82~ Pompano Fine Sand; 12~ Arzell Fine Sandl 3) Keri
Fine Sand; Cypress Swamp 2~ and I~ Immokalee Fine Sand. There are presently
hh acres or lake, and h7~ of the site has been disturbed for mining operations.
Principle vegetation Is Slash Pine, Sand Pine, Cabbage Palm, Bald Cypress,
Shrubs and grasses.
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SECTION I I
PROJECT DEVELOPMENT
2. I. PURPOSE
The purpose of this Sectlon Is to dellneate and generally describe the
project plan of development, the respective land uses of the tracts Included
In the project, as well as the project criteria For WARREN BROTHERS COIIPANY
PLANNEO UNIT DEVELOPMENT,
2.2. GENERAL
A. Regulations for development shall be In accordance wfth the contents
of this document.
B. Unless otherwise noted, the deF)nltlons of all terms shall be the
same as the defln;£lons set Forth In "Collier County Zoning Ordinance".
2.3. PROJECT PLAN AND LAND USE TRACTS
A. The project plot plan and land use of the various tracts, Is Iljustrated
graphically by Exhibit "A", Development Plan.
I. Tract A: Industrial Area a2.67 Acres
2. Tract B: Excavation Area 551.82 Acres
3. Tract C: Buffer Area 72.21 Acres
Total: 666.70 Acres
B. In addition to the varlous areas and spec;Fie Items shown in Exhibit '%",
such easements (utility, private, seml-publlc, etc.) shall be established within
or along the various Tracts as may be necessary or deemed desirable for the service,
function or convenience of the project uses.
2.4. DEVELOPI1ENT SEQUENCE & SCIIEDULE
The development of the WARREN BROTHERS COMPANY PLANNED UNIT DEVELOPMENT shall
be as follows:
A) The industrial area (Tract "A") shall be developed at a rata consistent
with tho demand For Facilities and servlces. Several of the permitted uses
within the Industrial area are presently existing, such as, processing of
Ilmerock, vehicle maintenance shops, etc.
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B) The excavation areashall be mined al: a rate of approximately
1F acres per year whlchshatl result In a total life of the excavation
area of From .10 to /~0 years.
C) The buffer area shall be replanted wlth tree seedlings as recommended
by the Urban Forester at a rate'of approximately 5 acres per year in
accordance with Section V of thls document.
2.$. PROJECT APPROVAL REqUIREHENTS
Prior to the construction of any additional buildings wlthln the VARREN
BROTIfERS COHPANY PLANNED UNIT DEVELOPMENT f~nal building plans as required by
the Collier County Building Code shall be submitted to the appropriate CoIIter
County governmental agencies for review and approval. The excavation operation
and other permitted uses within the excavation area and the buffer area shall
not require additional approval by the County agencies and may continue For
the duration of the project. All actlvlt~es wlthln the project shall co~nply
with other applicable County, State and Federal laws.
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SECTION III
TRACT A: INDUSTRIAL AREA
3.1. PURPOSE
The purpose of this Section Is to set Forth the plan and regulations
for the areas designated on Exhlb)t "A" as Tract A= Industrial Area,
~.2. PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or
used, or land or water used, In whole or In part, for other than the Followlng:
A. Permitted Principal Uses:
I) Contractors equipment storage yard.
2) Portland cement products manufacturing and sales.
Processing of earth minerals, related sales and machinery
maintenance.
4) Asphaltic concrete manufacturing and sales.
5) Heavy equlpment sales and service.
6) Admln1~tratlve offices and warehousing For 1, 2, 3, q, & 5 above.
B. Permitted Accessory Uses and Structures:
I) Accessory uses and structures which are Incldental to and customarily
associated with uses permitted In thls Section.
2) One moblle home or trailer as the temporary residence of a security
guard.
3.3. MINrMUrl LOT REQUIREMENTS
Area None
Width - None
3.4. MINIMUM YARD REQUIREMENTS
Setback from Tract boundary - Fifty (50) feet.
3.5. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
None
3.8. MINIMUH BUILDING SEPARATION
Buildings shall be separated a mlnlmum of one-half (I/2) the sum of th~
heights of the structures.
3.7, HAXIHUtl HE,IGHT OF STRUCTURES
Slxty-¢lve (65) feet above the finished grade of' the lot.
3.~3. MINIMUM OFFSTREET PARKING Al'ID OFFSTREE,T LOADI~IG RE'CIUIREHENTS
As required by Section 18 of the Zoning Ordinance of Collier County.
3.~. HINI~IUH LANDSCAPING RE~UIREHE/~TS
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3.10. SIGNS
As permitted by Section 20 of the Zo~.lng Ordinance of Collier County,
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SECTION IV
TRACT B: EXCAVATION AREA
4.1. PURPOSE
The purpose of.this Sectlon ls to set Forth the plan and regulations
for the areas designated on Exhibit "A" as Tract 8: Excavation Area.
4.2. PERMITTED USES A~ID STRUCTURES
No building or structure, or part thereof, shall be erected, altered or
used, or land or water used, In whole or In part, for other than the foltowlng;
A. Permitted Principal Uses:
Mining of earth minerals
2) Mobile Homes as permitted in 4.2.B ~).
3) Wildlife management areas, plant and wildlife conservancles,
refuges and sanctuaries.
4) Agricultural activities, such as field crops horticulture,
fruit and nut production, forestry, ranching, bee-keeping,
poultry and egg production, milk production, animal breeding,
raising, training, stabllng or kenneling.
5) Aquaculture and marlculture.
6) Any use clearly Intended as a measure for conservation. The
applicant shall have the affirmative burden of establishing
such Intent.
7) Wholesale plant nurseries (0RD 75-36).
8) On-slte retell sates of farm produce grown on the premlses(ORD 75-35).
Explosives storage for on-site mining operations use only.
Permitted Accessory Uses end Structures:
I) Accessory uses and structures which are lncldental to and customarily
associated with uses permitted in this Section.
2)
A moblle home or trailer, used in connection wlth the agrlcultural
uses is permitted on a temporary basis only, not to exceed the
duration of the agricultural use for which the mobile home is
permitted or for three (3) years, whichever shall be the shorter,
providing that a permit for such temporary use Is obtained from
the Director, and further providing that the applicant is utilizing,
for such agriculture] use a tract of ten (lO) acres or more, except
that part lying In public road rights-of-way. Such mobile homes
or trailers shall not be located closer than one hundred (tOO) feet
from any County highway right-of-way.
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Upon tim termination of tho first permlt period, appllcatlon must
be flied For an extension of the permit stating the reason For
extension and the time required. The Director may extend the
permit, on a year to year basis or less, for the development life
of the project. Such extension may be made subject to the stipulations
of the previous permit or may be amended as determined necessary by
the Director.
IF the temporary use is not discontinued upon expiration of the permit,
It shall be deemed a violation of the Zoning Ordinance and shall be
subject to the penaltltles therein,
The mobile home must be removed at the termination of the permitted period.
4..1. MIUIMUH LOT AREA
None
MINIMUIt YARD RE~.UIREMENTS
A. Depth of Front Yard - None
B. Depth of Side Yard - None
C. Depth of Rear Yard None
4.5. MINIMUH LOT WIDTll
None
4.6. MINIMUII FLOOR AREA OF STRUCTURES
4.7,
None
MAXIMUM HEIGHT OF PRINCIPAL STRUCTURE
Sixty-five(65) feet above the Flnlshed grade, except for accessory structures.
.8. SIGNS
As permitted In Sectlon 20 of the Zoning Ordinance of Collier County, Florida.
MAXIMUM DEPTH OF EXCAVATIOU
Fifty (50) feet measured from the existing ground to the bottom of the
excavation.
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SECTIOI~ V
TRACT C: BUFFER AREA
5.1. PURPOSE
The purpose of this Section Is to set Forth the plan and regulations
for the area deslgnated on Exhibit "A" as Tract C: Buffer Area.
5.2. FUNCTION AND TREATUENT
The Buffer Area Is set aside to provide a visual and noise buffer between
the Industrial Area, Excavation Area and the adjoining properties. The Buffer
Area shall be 150 feet wide Including a road right-of-way 60 feet wide. The
Buffer Area except for the roadway, shall be grassed and planted with tree seedlings
of the type and at a spacing as recommended by the Collier County Forester.
The planting of the Buffer Area shall be accomplished at the rate of
approximately five acres per year. Plantings shall occur adjacent to those
areas that have been excavated. Plantlng$ shall not be required until the
Excavation Area adjacent to the Buffer Area has been cleared for excavation
but planting shall begin within one (1) year of such clearing.
Where practical, natural vegetation In the Buffer Area shall be retained
and may preclude the need for additional seedlings planting.
The plan for planting of the Buffer Area shall be developed with and
approved by the Collier County Forester within ninety (90) days of final
approval of the P.U.O. Zonlng.
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SECTIOI4 VI
OEVELOF'I4EI~T STANDARDS
6.1. PURPOSE
The purpose of this Section Is to set fnrth the standards for the
development of the project.
6,2. GENERAL
Ail facilities shall be constructed In strict accordance wlth the
Development Plan and all applicable State and Local laws, codes, and regulations.
DEVELOP/tENT PLAU
A. Exhlhlt "A', Development Plan, 111ustrates the proposed land uses.
All necessary easements, dedlcatlons~ or other Instruments shall be
granted to Insure the continued operation and maintenance of all
service utllltles In the project.
6.4. CLEARINGr GRADING~ EARTHWORK, AND SITE DRAINAGE
All clearing, grading, earthwork, and site drainage work shall be performed
in accordance with all applicable State and local codes.
Off-slte pumping and surface or direct connection to the Golden Gate Canals
or any other canals shall be prohibited.
6.5. INTERNAL ROADWAY CONSTRUCTION
All Internal roadways within the I[mlts of the %~arren Brothers PUD shall
be private roadways and shall be maintained by the owners~ therefore, such roadways
need not be designed nor constructed to meet County standards, He.ever, ell roadways
shall have a dustless surface not less than 2q feet wlde and shall be kept dust
free at all times.
6.6. EASEMENTS FOR UTILITIES
Easements For utilities such as power, telephone, and other similar utilities
necessary for the service of the project shall be located es required and granted
for those purposes.
6.7. SEWAGE DISPOSAL
Sewage generated by the project shall be disposed of In septic tanks or as
otherwise permitted by the Florida Admlnlstratlve Code,
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6.8. POTABLE WATER SUPPLY
The potable water requirements for the project shall be provided by
Individual wells or as otherwise permitted by the Florida Admlnlstrative Code.
6.9. SIGUS
All signs shall be ]n accordance wlth the appropriate Collier County Ordinance.
6.10. OPERATIO~ OF THE HI/IlflG OPIrRATION
Operation of the mining and processing operatlon shall be In accordance with
the applicable requirements of the Florida Department of Environmental Regulation
and other State and Federal agencies.
6. I I. PUBLIC: ROAD HA~h~TENANCE PROGRAH
Since beginning mlnlng operations in 1973, Warren Brothers has maintained
Golden Gate Boulevard (6.9 miles between SR $-858, now known as So~$1, and $.~.
5th Street) end $.~. ith Street (!.2 miles between Golden Gate Boulevard and the
project site). Warren Brothers shall continue to malntaln the pavement portions
of the above described roadways to a condition equal to their condition prior to
Warren Brothers 1972 beginning or operations untll such time as the Warren Brothers
Planned Unit Development generated traffic as determined by a 7 day traffic count,
Is 50t or less of all traffic utilizing these sections of roadway or for a period
of 40 years, whichever comes first,
12. GENERAL PROVISIONS
The project shall be equlpped to operate and shall operate at all times
so that dust shall be reduced by sprinkling or otherwise so as to prevent
damage or discomfort to adjacent properties.
All uses, equipment and activities in this project shall be constructed,
malntalned, operated and conducted in such a manner as to eliminate,
as far as oractlcable, noise, vibration or dust which are objectionable,
Injurious or annoying to persons living in the vicinity.
Overloading of trucks and vehicles, and the spilling of gravel, rocks
or sand upon the publlc roads shall be controlled and eliminated as far
as possible by the owners.
A gate structure shall be constructed at the entrance point of the project
site.
E. All uses, structures and equlpment used In this project shall be terminated
and/or removed from the slte by the owner upon completion of the planned uses.
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SECTION TWO:
This Ordinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATE: December 7, 1976
ATTEST:
· 0{~t~KGARET T. SCOTT, CLERK
· ,. '.~_..:...<,,
· : .... Depuey'. C~lerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM AND LF. GALITY:
DONALD A. PICKWORTH, COUNTY ATTORNEY
This ordinance filed with '
=he Secretary of State I office
the 13th day of December, 1976 and acknowledgment of that
filin8 received this 20th day of December, 1976.
~epUey Clerk
I
AGRI C UL T'U,eAI.
ES I"A TE DIS I'/e/CF'
OWNER.
,45HLAND OIL, /NC,
1401 WINCHESTE/~ ,AVE
~SHLA/VD , KENTUCKY
41101
£XHIBI T A
OATE:
BK.:
I~l.:
I~ROJECT
NO. 12233
WAI;?.REN B~O THEt~S COMPANY
DEVELOPMENT PLAN
INCLUO lNG ~'~
GEN£1~,,~L LOCATION AND ~URROUNOI~ LA~US~ ~NO ZONIM~
coLLIER COUNTY , ~'"-''
"WI~sON "'MILLER. BARTON. SOLE a PEE~,,/ING.:
ENGINEERS. PLANNERS'& ~ND SURVEYORS. "-
REFERENCE: .~ .?, ~!