Agenda 06/09/2009 Item #17C
Agenda Item No. 17C
June 9, 2009
Page 1 of 18
-
EXECUTIVE SUMMARY
SE-2008-AR-14297, . A resolution amending Resolution No. 08-373 (the KOVAC
Conditional Use) to correct a scrivener's error resulting from the inclusion of an incorrect
legal description in Exhibit B. The subject property is located at 1995 Elsa Street, in
Section 11, Township 49 South, Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) correct a Scrivener's Error in the legal
description in Exhibit B of Resolution 08-373, which incorrectly identified the subject property.
CONSIDERATIONS:
On December 16, 2008, the Board of Zoning Appeals (BZA) adopted Resolution No. 08-373,
which granted approval of a Conditional Use for a refuse system facility in the Industrial (I)
Zoning District. The Master Plan contained the correct legal description; however the legal
description in Exhibit B to the resolution was incorrect. The proposed Scrivener's Error would
rectify this mistake by exchanging the wrong legal description with the correct one, as noted
below:
Parcell:
Lots 142 and 143, J&C Industrial Park, an unrecorded plat by Bruce Green &
Associates, Inc., lying in the Northwest :4 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 :4 of Section 11, Township 49 South, Range 25 East, Collier
County, Florida.
FISCAL IMPACT:
This action is only to correct an error in Resolution No. 08-373, which was previously approved
by the BZA. Therefore, this change by and of itself would have no fiscal impact on Collier
County.
GROWTH MANAGEMENT IMPACT:
Approval of this Scrivener's Error would not affect or change the requirements of the Growth
Management Plan. It is only to correct an error in the legal description exhibit of Resolution No.
08-373.
.-
KOVAC SE, 2009-AR-14297
Revised: 4-15-09
1
Agenda Item No. 17C
June 9, 2009
Page 2 of 18
LEGAL CONSIDERATIONS:
The proposed Resolution is legally sufficient for Board action. The item is quasi-judicial and
requires ex parte disclosures. A supermajority vote is required for Board action. -HFAC
STAFF RECOMMENDATION:
Staff recommends that the BCC approve the Scrivener's Error correction to Resolution 08-373.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Zoning and Land Development Review
KOVAC SE, 2009-AR-14297
Revised: 4-15-09
2
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No. 17C
June 9, 2009
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
SE-2009-AR-14297 A resolution amending Resolution 08-373 (the KOVAC Conditional Use)
to correct a scrivener's error resulting from the inclusion of an incorrect legal description in
Exhibit B The subject property is located at 1995 Elsa Street, in Section 11, Township 49
South, Range 25 East, Collier County. Florida.
6/9/2009 900:00 AM
Prepared By
John-David Moss
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development
4/21/2009 9:17:51 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/21/2009 10:15 AM
Approved By
Jeff Klatzkow
0""-
County Attorney
County Attorney
Date
County Attorney Office
4/23/200910:05 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/28/2009 3:43 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/29/20099:17 AM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
4/29/2009 1: 16 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/30/2009 10:08 AM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
4/30/20093:32 PM
file://C:\AgendaTest\Export\131-June%209,%202009\17.%20SUMMARY%20AGENDA\17... 6/3/2009
Page 20f2
Agenda Item No. 17C
June 9, 2009
Page 4 of 18
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/20095:50 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
5/2/200912:25 PM
file://C:\AQ:endaTest\ExDort\131-June%209.%202009\17.%20SlJMMARY%20AGENDA\ 17... 611/2009
Agenda Item No. 17C
June 9, 2009
Page 5 of 18
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION
NO. 2008-373 IN ORDER TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION FOR THE SUBJECT
PROPERTY.
WHEREAS, on December 16, 2008, the Collier County Board of Zoning Appeals adopted
Resolution No. 2008-373, which granted approval of a Conditional Use for a refuge system facility
in the Industrial (I) zoning district; and
WHEREAS, after the adoption of Resolution No. 2008-373, it was determined that the legal
description for the subject property, as contained in the Resolution, was incorrect and not as was
otherwise intended and made part of the public hearing and therefore constitutes a scrivener's eITor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The legal description set forth in the original Exhibit B to Resolution No. 2008-373 is
hereby deleted in its entirety and replaced by "Exhibit B (Revised)" attached hereto and
incorporated herein.
BE IT FURTHER RESOLVED that this Resolution relating to Petition No. CU-2007-AR-
12619 be recorded in the minutes of this Board.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this _ day of , 2009.
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
, i\l,.
~""\o'\
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
o B-CPS.OO777/23
.I\genda item No. 17C
June 9, 2009
Page 6 of 18
EXHIBIT B (Revised)
'if
Legal Description
Parcell:
Lots 142 and 143, J&C Industrial Park, an unrecorded plat by Bruce Green & Associates, Inc.
lying in the Northwest Y4 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 'l4 of Section 11, Township 49 South, Range 25 East, Collier County, Florida.
08-CPS-00777126
Agenda Item No. 17C
June 9, 2009
Page 7 of 18
RESOLUTION NO. 08..3 7 3
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I"
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.l.c.
16. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49
SOUTH, RANGE 25 EAST, 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 of a refuse system facility
within an Industrial "I" Zoning District pursuant to Subsection 2.03.04.A.1.c.16. of the Collier County
Land Development Code on the property hereinafter described, and the Collier County Planning
Commission has made fmdings as described in Exhibit "A" that the granting of the Conditional Use will
not adversely affect the public interest and the specific requirements governing the Conditional Use have
been met and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 1O.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 C01.JNTY, FLORlDA that:
Page I of2
Agenda Item No. 17C
June 9, 2009
Page 8 of 18
Petition Number CU-2007-AR-12619 filed by Tim Hancock, AlCP of Davidson Engineering,
representing K.O.V.A.C. Enterprises LLC, with respect to the property hereinafter described in Exhibit
liB", be and the same is hereby approved far a Condi tianal Use for a refuse system facility within an
Industrial "I" Zoning DIstrict pursuant to Subsection 2.03.04.A.1.c.16. of the Collier County Land
Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to
the conditlons found in Exhibit "0". Exhibits "B", "c" and "D" are attached hereto and incorporated
herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-maj~rity vote, this It, '~ay of
7Jvr~~ ,2008.
A TTE$T~:"('i:
Dwight E: Broqf,91erk
BOARD OF ZONING APPEALS
COLLIER COUNTY, LORIDA
B~
or ~ J .
"
Attest as toQJa,
. tg.at'nfXt '.'"
Approved as to form
and legal sufficiency:
.". .LH.L.A [-If 0
Heidi Ashton-Cicko
Assistant County Attorney
. ~(r-'tJ.
'( ,,\1>
Exhibits attached:
A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
L I' :08-CPS-00777\Rcso
Page 2 of2
Agenda Item No. 17C
June 9, 2009
Page 9 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU.2007.AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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:
/
y es ~ 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 vi 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 -/ No
DATE:-1W~J0
I
Ii
!
I
ipulations, (copy attached) be
Based on the above findings, this conditional use should, with
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
,
,
Agenda item No. 17C
June 9. 2009
Page 10 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 ofthe 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.l'" 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.
DATE:
COMMISSIONER:
~~H
F
EXHIBIT A
Agenda Item No. 17C
June 9, 2009
Page 11 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR '-
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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:
I
/
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
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: ----
_ No affect or I Affect mitigated by J>UJV, ~ J eM' fA. ( IMi't
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible U7tilln 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: IOf'~/t:f
NM-t /;.lie , ./ I /
CQMMI5SluNEK: )Ct~j, 1-IoJ.~
EXHIBIT A
Agenda Item No. 17e
June 9, 2009
Page 12 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12(i19
The following facts are found:
1. Section 2.03.03.C.5 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 stmctures 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 _ Affect mitigated by v'
_ Affect cannot be mitigated
1\
S -h~l-d ~
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes UNo_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommelnod~d l~~r_ aop;rova! to the Board of Zoning APpealS., ! fll,.. l f ~
DATE: \7 COMMISSIONER: VV V"""
Exhibit A
Agenda Item No. 17C
June 9, 2009
Page 13 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU~2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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 I 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
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or -.i'Affect mitigated by ,~ 77 /J (,{ vlfl7v',U S
_ 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 stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
/0//0 jut
I /
COMMISSIONER: V~n 11d- '-E<z! (la~
EXHIBJT A
Agenda Item No. 17C
June 9. 2009
Page 14 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03.03.C.5 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 ~
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: . T
No affect or ~ect mitigated by f()J..~e.l.c! C(l.r..tS/"Id/t t...J J (l.L.t L(lJ '-
_ Affect cannot be mitigated 'I j 17 (LcJ.,J
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
:~T:e::/;:;~~ to tile :'~:l:~:~:pe~/ ~
/'A€M gc.C" f2.
/
EXHIBIT A
Agenda Item No. 17C
June 9,2009
Page 15 of 18
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2007-AR-12619
The following facts are found:
1. Section 2.03 .03.C.5 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;fu'Land 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 offire or catastrophe:
Adequate ingre~ egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: ,.
~ affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wi~ 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: /tJ/tf '4"-- COM!>.IlSSIONER: ~Z'27 ;;1/',,( /V'/J'
,//
/ ---- --=:-
EXHIBIT A
. .. . .
ttt OR: I
/\,.,,,,,-rh!< ,rl" 17C
June 9.' 09
'1 PG: 1062 nige 16" 18
(
Lot u,:a. J . c DmUSTlttAL pA.RJt, an unracorct.d. plat, .ore
particularly daaaribad .. folloWl1
J , C IlIDlJIlTI.IAL PARK
PUT 0' '!'HI NW 1/. or SECTION 11.
'l'Ol8I8HIP U IOCJ'N, u.tmI :IS BUT
COLLID c:caITt, FLOIlIM
.,..c:a. 1(3
c-acinsr at ~ W.at 1/' oarnar of 1:80tiOll 11. ~hip ..
.-th. aanga 2:5 &.ut, C01Uar COWIty, Florida I 'ftaaDCa alODll tbe
"'1: NI4 Waat: 1/. Un. of .aiel 5ec:tiOl\ 11, .. auneyed. If
.t-JO'4Q. ., "2.70 f..t to the ceftt.rli~ oe . road, ~C.
along ..id cantarliDe, N 0031'(20 N, 5'0.'1 reat for & PLACS OP
amD8lDIG .
~O. contlauiQ8 along the la.t d..c~ibed gaur.., 200.00 f..t,
TheDe. K .t-:zl'l.- E, ,".12 f ~RC--
~ . o-U'l"8 &, 200,0 . ' 0
on..c. . .,-2.'U- ., .t, 0 ~... of aegiDn:il1\J.
~iIIfI part of the lIor~h' ' /<< of .dd ,8 ~~1, 'l'_hip "
louth, llaD9& ltS KNlt'iv .r eaunty, Florida' \
~~ \
\t"~\ ' 11'-- ~/::J
<1-1(-", '\'\" lc
\, ''-,.% (j
"'PI-"" /<,"/
'-"?'llE-rfRC-;'!/"
--.---~".,.;
Exhibit B
~
~;
~
6i i
I Iii Iii tL -
.-I----~-.ll~'-~.I:-J-=~l~-l-t-.!}- Q~~--J1
~--~-~--------------------------------- ------- --:~-::~ 1
~il V'3~'v' 3E:>\71:l01S '. i · f' I
~I~~, I ...a..._ ~ · ~!
w1' I I "_.tC ~
: i: ~ .~i*i.il-. :-i~..-~. iW -!l' - li- " i
~ -.nf..]. : III h;i. I
; <C .,1:;1.1 I j1. ~~
If uJ j..:::: '~=- - 4i I
1.1 =€ U.~...:l.t+ - - HiM I
U ~ - ~>:Ii ; i;
o 1t~>~I. : h
:;: @<1:'H-;h- - - - tlJ I
~h I : HI OJ
I!l : . ..Q.. :.. :.;il : n ~
- I ,.~.:. .:1. : !..~~
f ' :.. 'I t I 5.
~ .: I {<>;;I : ~~
~~-'='-":',;;;,,;;,...------,...;.;...--~ - - CJ)
III ~i U uj
I~~ -5 1
~~
a ~8
iw~ .
j!; -~
z%....
w-!;OJ
~ig~
=>>-...w
i~~i=
.~:;:!:l
~;;icn~
~~~1S
~~~1i!
....~..-o
~tf)~~
o<\2~
z a;.eGz
g ~~l)tiS
~ :$~~
m ~w:!ii:i
CI o~;::=i
Za:cn15
1: ;':;:;lIlW()
a: ...",>-ll:....
w ~~lDi='"
!!; a:~""15~t;j
It ~g~z~~
~I....
~tli~
OZ~
w~w
~~~
1lI~:t
~>-~
z-'O
< .1/1
>!~~
~0!!.
1l.l!!J:<
..J,sl/lg
so~n:
~~og
0tn....u..
,3<;:,:
;;l;"'z!;:
l;lffi~5
....,ll!l..lU
~:;<.!J~o:::
W"-UJ~~
l;1~go~
~g~!u
w
.... 6:13~ffi
~~;~~~~
1/I~::;~!EuIf
~a1(!:""c~~
~o:i~~~~
I/I(!lOOa:CIlc
~~il!aul5t:
I~a!ll~%~
xwa:;f-Ql5
!2a:;~>....
lOW a::~W
lIlZ;: ~iii8
~w .a:'!tiW
a:.=~il:'>1~i
~ow~~C::::J
"'~~~~F=~
~~~lUffi~g
_<,.J~~!o!J
o...wl=",
",!i1~<<ll: g.
':l!~w~!il o~
!"~'''I....a:~!~wi~
: ~~~j~~~w
;i~~~;;;ii.x1~
<II
Agenda Item No. 17C
June 9, 2009
PaGe 17 of 18
_z_~:! i-'-
2~
..
u
I
~ ~ {
~i1 r
:"l:iA.
i~ll i ~:!
'..... ~ ~
I~~.~ B
'-'u
'-' ffi
~ ...
ei!~~
5
I
e
-
:c
...
-=
illll
ro;il
cj
Zs
-..
..;Ii
~I
i~1
WlIi
W~
Zi-
C;.. a
zlil~
wI!! ILl
zill
~I~g
Cl -,;
_1H~;
>~i]
Ca~o
Q......u
W~
~
a9~
~
0;
Ii i!
t.i
oJ
oJ
rJ~
IP~~
'" g, l!!~ ~
~ffi*"',~
d!Z~h
~::~-
\)0
...:::
>
ci
~
UJt"........IIIEIl:teI.....,Dt...'~~ Of",tlMlll~~---
Agenda Item ~~o. 17C
June 9, 2009
Page 18 of 18
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 "KOVAC Conditional Use Master Concept Plan," prepared
by Davidson Engineering, Inc., dated February 12, 2008, as revised through
October 23, 2008.
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 SOP 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 shan
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 northeastcm quadrant of
the site.
5. Sprinklers shall sufficiently water working areas of the site at least twice daily to
effectively control wind borne 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
boundaries 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. The balance of the created preserve shall consist of approved
native mid-story and canopy species to achieve the desired buffering for
properties to the 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 D