HEX Final Decision 2017-05 HEX NO. 2017—05
HEARING EXAMINER DECISION
PETITION NO. CUR—PL20160002071 —Aggregate Specialties, Inc. requests a Conditional
Use Re-Review of Resolution No. 2008-373, which established a conditional use for a refuse
system facility within an Industrial "I" zoning district, to amend a condition of approval
relating to a landscape buffer, and to remove the created preserve area from the Master
Concept Plan. The subject property is located on the north side of Elsa Street,
approximately one-quarter mile east of Shirley Street, in Section 11, Township 49 South,
Range 25 East, Collier County, Florida.
DATE OF HEARING: February 23, 2017
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.08.00 D of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No members of the public were in attendance for this matter and the applicant submitted letters
of no objection from five property owners in the immediate vicinity of the subject property.
DECISION:
Petition Number CUR-PL20160002071, filed by Frederick E. Hood, AICP of Davidson
Engineering representing Aggregate Specialties, Inc., with respect to the property hereinafter
described in Exhibit "B (Revised)", is hereby approved to amend Resolution No. 2008-373,
which established a conditional use for a refuse system facility within an Industrial "I" zoning
district, by amending a condition of approval relating to a landscape buffer, and by removing the
created preserve area from the Master Concept Plan in accordance with the Revised
Development Conditions and Master Concept Plan described in Exhibit "A", and subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—Revised Development Conditions and Master Concept Plan
Exhibit B (Revised)—legal description
LEGAL DESCRIPTION: See Exhibit B (Revised).
[16-CPS-01589/1322384/1]56 1 of2
CONDITIONS:
The approval of this conditional use is subject to the following condition(s):
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The wall or wall-berm combination described in Development Condition #7 of Exhibit A
shall be completed by June 30, 2017.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
A J
Date Mar Strain, Hering Examiner
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01589/1322384/1]56 2 of2
DEVELOPMENT CONDITIONS
CU-2007-AR-12619
NOVEMBER 6, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled
"+COVAC Aggregate Specialties Conditional Use Master Concept Plan," prepared by Davidson
Engineering, Inc., dated February 12, 2008,as revised through October February 2-323. 200817.
2. No structures, including the existing structures, shall be permitted on the site unless an SDP has
been reviewed and approved by County Zoning and Land Development Review staff. An SDP
application shall be submitted to the County within 90 days of Conditional Use approval or the
existing structures shall be removed.
3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within
200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on
adjacent properties, this crusher shall be elevated or designed by a certified Florida engineer in such
a way as to reduce the machinery's vibrations.
4. To minimize the effect of noise and windborne dust on the commercial business to the south,the
truck loading area shall be located in the northeastern quadrant of the site.
5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control
windborne dust. Additionally, water shall be applied to the crushed by-product material at all times
that the crusher is in operation.
6. The maximum height of material piles shall be limited to 40 feet.
7. To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be
provided along the site's southern and southwestern boundar+esy at the interface of abutting uses.
A five-foot wide Type A landscape buffer with an eight-foot high wall or an eight-foot high wall with
berm combination shall be provided along the site's southern boundary at the interface of abutting
uses. Where this buffer overlaps the .37 acre preserve, Type B minimum plantings shall be
maintained at all times within the buffer area. Th :. . - _ •- . - - - - . • -
south.
8. The first 150 feet of the site's entrance drive shall be paved as part of the first development order.
This entrance shall also have a gate,which shall be locked outside of business hours.
Exhibit "A"
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EXHIBIT B(Revised)
Legal Description
Parcel 1:
Lots 142 and 143, J&C Industrial Park, an unrecorded plat by Bruce Green & Associates, Inc.
lying in the Northwest V4 of Section 11, Township 49 South, Range 25 East, Collier County,
Florida, less the west 585.00 feet.
Parcel 2:
Lot 141, J&C Industrial Park, an unrecorded plat by Bruce Green & Associates, Inc. lying in the
Northwest 1/4 of Section 11,Township 49 South,Range 25 East,Collier County,Florida.
08-CPS-00777/26