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Resolution 2019-136 RESOLUTION NO. 19 - 13 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONCRETE BATCH-MAKING PLANT IN THE AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE OVERLAY- RECEIVING LANDS PURSUANT TO SECTION 2.03.08 A.2.a.(3)(c)(viii) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR 5.16± ACRES OF A 7.3± ACRE PARCEL LOCATED APPROXIMATELY ONE HALF MILE NORTH OF TAMIAMI TRAIL EAST, AT THE END OF AUTO VILLAGE ROAD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20170002361) 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 to allow a concrete batch-making plant in an Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.08 A.2.a.(3)(c)(viii) of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings 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 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. [17-CPS-01717/1485974/1] 101 Eagle Ready Mix/PL20170002361 7/9/19 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20170002361 filed by Smyrna Ready Mix Concrete, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a concrete batch-making plant use in the Agricultural (A) zoning district within the Rural Fringe Mixed Use Overlay-Receiving Lands pursuant to Section 2.03.08 A.2.a.(3)(c)(viii) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C 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-majority vote, this � day of i Lid , 2019. ATTOT.N , '' BOARD OF ZONING APPEALS .,Y4 ;4 r E L CLERK COLLIER 0 CO, ORIDA , - ,.40-4f‘?""-0.*:. , ''. ' .4 By dallib , � - • L . By: glir �:e�� w ' 2s 1'a`i , ;'i,'i . :y rk WIL AM L. M DANIEL, JR., Chairman Approved as to form and legality: °i-j, k dt /4- Lb Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval [17-CPS-01717/1485974/1] 101 Eagle Ready Mix/PL20170002361 7/9/19 Page 2 of 2 , 4 Exhibit A a = a e� O « 3 1 g o d 6 wwa .. ti v ► .K a . d 5N . U U F. . 2 w lv u n 'S , CC 0 N W wF- = wtD5pc00F.. 0 a ���1�� o LLJ3 � � 3r00 — wF- a .-I OO:- p , voZ �� 0a `n g Unci wu „ a -o, DU WIL QaLIJ op Z o N k 0- CI zF"/ ZzNF- ZI„� to = K pC O Z Cow n O S a $ o E. 0 NO Ow00 Ur $ OSO! uj z1- N 8<'g'a E o F. a ki h rs ZLL U ^ 00GwSZI- Z_ OO N U� a 8 b /moi F- NStnmF- w � oZJJF K I1; m u c., m O OZSwF- w � Uw .DSa 0 x p, « e w � OQO19wLL6CCt;iw w $ Ia 1 00 04 0 -.' 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I Q: VWro I OZ "1^ �0v)N - a.c) 0._ LU to COh o L"W�� Iv <t 0 c(0 0 CO I Z iV I:',° 1- N a o 1M as I(4 � w W tal V I Cr a N CO0 O0 O 0 O 0 < oO COm n F Co „ n <° 0 el:J p 0 z D -- — =w 0 V 4 4 Q C- I. i i w 3 o Z ill q t 0 O N d o- 1In -n fid$ y� 11 N N as Ski 0 O owp 1 p ,1 4 0 l 11 U Q Z (/) x Ci ci¢: CdO�m�mm a 0G40J4� N 8816'41" W 328.63' UNPLATTED PARCEL #00763600006 UNPLATTED PARCEL #61510000047 CAO Exhibit B SWALE TO BE PROVIDED AS NECESSARY AT PROPERTY BOUNDARY TO ALLOW CONVEYANCE OF OFF-SITE FLOWS 0 60' 120' PROPERTY LINE SWALE TO BE PROVIDED AS NECESSARY AT PROPERTY BOUNDARY TO ALLOW SCALE: 1"=120' ZONED: AGRICULTURAL N CONVEYANCE OF OFF-SITE FLOWS 10'TYPE"A"BUFFER LEGEND - PROPERTY AREA SUBJECT TO CONDITIONAL USE REQUIREMENTS WATER MANAGEMENT AREA _J rI DEVELOPMENT REGULATIONS P_ x —J W CW CONCEPTUAL 0 1J- o SETBACK REQUIRED PROVIDED U m tq , 0;m • a v o FRONT 25'* 240.0' a SIDE 30'** 30.0' b Q b 660'EAGLE ZONE 5 PROPERTY a LINE REAR 50'** 479.5' LU z * SETBACK REQUIREMENTS BASED ON BASE ZONING Z - EQUIPMENT (INDUSTRIAL DISTRICT). N / PARKING AREA / ** SETBACK REQUIREMENTS BASED ON RFMUO-RECEIVING LANDS DISTRICT PER LDC 2.03.08 A.2.a.(4)(a) J PROPERTYPROJECT SUMMARY LINE w" D il Lit, F- D J LAND USE , oaD IMPERVIOUS MATERIAL STORAGE a ` U c- E BUILDINGS 1,200 SF 0.03 AC 0.4% PAVEMENT 49,208 SF 1.13 AC 15.5% O 100.0'CEMENT 100.0'CEMENT' Q STABILIZED MATERIAL 102,211 SF 2.34 AC 32.1% o ;PLANT SETBACK i ONLY LU PLANT SETBACK TOTAL IMPERVIOUS AREA 152,619 SF 3.50 AC 48.0% S ONLY a MATERIAL . 0 PERVIOUS n -. in PROCESSING : N ' OPEN SPACE 76,896 SF 1.77 AC 24.1% MIN BLDG - & BUILDING 30.0' RETENTION AREA 88,810 SF 2.04 AC 27.9% MIN BLDG z SETBACK AREA I SETBACK o TOTAL SITE AREA 318,325 SF 7.31 AC 100% 10'TYPE z "A"BUFFER k E yZONED: AGRICULTURAL o° NOTES CN i ZONED: INDUSTRIAL 4 w 1. NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS I I 1 j REQUIRED. O J JJ 2. PROJECT WILL HAVE DIRECT ACCESS TO US 41 VIA THE 30 FOOT ROAD Q EASEMENT TO THE SOUTH WHICH IS PROPOSED TO BE NAMED E g O. D w RECYCLING WAY. I— m D v MATERIAL TESTING & a z o N 0 .cc—e3 STORAGE AREA c- a N 3 Q Now 4, I-U E o Z i a Z _ ° 0 0- ki ON z VEHICULAR PARKING 5_ n ZONE : INUSTRiAL I -ROPERTY E LINE PROJECT ACCESS 30.0' RECYCLING WAY ROADWAY r ESMT I rn 2 ,IJ.R. EVANS ENGINEERING, P.A. SMYRNA READY MIX n J" R 3 9351 CORKSCREW ROAD,SUITE 102 *�"1 A' S ESTERO,FLORIDA 33928 EAST TRAIL PLANT PHONE:(239)405-9148 o EN G MASTER CONCEPT PLAN FAX:(239)288-2537 WWW.JREVANSENGINEERING.COM FILE DATE: 06/2019 SHEET: 1 O i C EXHIBIT C CONDITIONS OF APPROVAL 1. The Eagle Ready Mix Collier Batch Plant Conditional Use shall be limited to that which is depicted on the"Smyrna Ready Mix East Trail Plant—Master Concept Plan—Revised 06- 2019,"prepared by J.R. Evans Engineering, P.A. 2. The Owner shall provide an 8-foot berm/wall combination extending from the southeast corner of the subject property north a minimum of 620 feet along the eastern property line. The wall shall be constructed from concrete block. 3. The concrete batch plant location will not be located or operated within 100 feet of any exterior boundary. This condition does not apply to other equipment or storage, including equipment to haul raw materials or at grade storage bins. 4. The height of raw material storage facilities will not exceed an actual height of fifty (50) feet within the portion of the property zoned as Agriculture. 5. Hours of operation for loading and mixing of concrete shall be limited to 6 am to 8pm. This limitation shall not include work hours for administrative and office personnel, arrival on site of workers, after hours cleaning and maintenance staff. 6. The operations are limited to the production of cement and concrete only. 7. Exterior lights will be no more than 25 feet in height and will be shielded.