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Agenda 12/16/2008 Item #17B Agenda Item No. 176 December 16. 2008 Page 1 of 46 EXECUTIVE SUMMARY CU-2007-AR-12619, K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, requesting a Conditional Use for a refuse system in the Industrial (I) Zoning District, as specified per Collier County Land Development Code (LDC) Subsection 2.03.04.c.16. The +/- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced application for Conditional Use No. 16 of the Industrial (I) Zoning District, as provided in Section 2.03.04.A.1.c.16 of the Collier County Land Development Code (LDC) (Ordinance No. 2004-41, as amended), to pennit a refuse system; and to insure that the community's interests are maintained. CONSIDERA TIONS: The petitioner seeks approval of a building material refuse/recycling center, which according to Subsection 2.03.04.A.1.c.16 of the LDC, is only allowed in the I Zoning District with Conditional Use approval. A refuse center has been in operation on the site for the past several years and is currently the subject of a Code Enforcement violation, which the new owner is hoping to redress with this Conditional Use petition. According to the applicant, the proposed use would not require any permanent structures, as the site would merely function as a drop-off site for concrete, stone, tile and metal building materials that would be reorganized and subsequently resold for use in other building projects. The applicant has informed staff that the only on-site employee would operate the machinery; and otfice work would be handled on another propcrty located in the Industrial Park. However, because staff saw a trailer ,md a storage shed/office (m-site while conducting a visit, a development condition has been included requiring all structures currently on the site to be removed unless a Site Development Plan (SOP) is submitted for review and approval by Zoning and Land Development Review staff depicting the structures with appropriate LDC standards for setbacks, water management areas, parking spaces, etc. As shown on thc Conceptual Site Plan, entitled "KOVAC Conditional Use Master Concept Plan." prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised through October 23, 2008, the proposed usc would be reached by a two-way access drive from Elsa Street to the south. Pursuant to LDC section 4.06.02, Burrer Requirements. perimeter landscaping would be comprised of five-foot Type A buffers along all of the property's boundaries (similarly zoned I) exccpt for the boundary adjoining Elsa Street, which would have a ten-foot Type 0 buffer with one tree per 30 linear feet and a double- row screen hedge. The applicant would also provide a 15- foot Type B buffer along the southern and southwestem boundaries that adjoin commercial uses to prevent airbome dust from traveling on~site. An approximately 0.37-acre would be located in this portion of the CU-2007-AR-12619 Page 1 of 4 P'genda !tern No. ~17B December 16, 2008 Page 2 of 46 site for the re-creation of a native plant community, and would be placed under a permanent conservation easement. The remainder of the site, depicted as "Work Area" would be for the loading and unloading ofthe recyclable building materials. FISCAL IMPACT: The proposed refuse system, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the Conditional Use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of cach new development on its public facilities. These impact fees are used to fund projccts identified in the Growth Management Plan's (GMP) Capital Improvement Element (ClE) needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section lO.02.07(C) of the Land Development Code, 50 percent of the estimated Transportation Impact Fees associated with the project are requircd to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building pemlit review fees and utility fees associatt:d with connecting to the County's water and sewer system. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and they are not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMPl IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Industrial District, as identified on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, this approximately 2,200-acre district is reserved primarily for industrial type uses and limited commercial uses. As previously noted, the subject site is zoned I, and the proposed Conditional Use, if approved, would be consistent with this zoning district. FLUE Policy 5.4 requires new devclopments to be compatible with and complementary to the surrounding land arca. Comprehensive Planning leaves this determination to Zoning and Land Devclopment Revicw as part of their review of the petition in its entirety. Transportation Element: According to the Transportation Planning Department, this Conditional Use would also be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. as the project would have a de minimis impact on the sUlTounding roadway network. Based on the above analysis, stafT concludes the proposed Conditional Use may be deemed consistent with the FLUE of the GMP. CU-2007-AR-12619 Page 2 of 4 r"",genda itern No. 178 December 16, 2008 Page 3 of 46 AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: The Environmental Services Department has reviewed this petition and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. However, the Environmental Services Department has reviewed this petition and has found no environmental issues associated with it. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their October 16, 2008 meeting, and voted 7-0 to forward it to the BZA with a recommendation of approval, subject to the following conditions: I. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOY AC 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 pennitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review Department 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 sitc; 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 111aximum height of rnaterial piles shall be limited to 40 f~d. CU-2007-AR-12619 Page 3 of4 Agenda Item No. 178 Decernber 16. 2008 Page 4 of 46 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 eonsist of approved native mid-story and canopy species to achieve the desired butfering 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 0 f business hours. All of the neighbors' concerns regarding this item have been addressed by the foregoing conditions; and because it received a unanimous recommendation of approval and no letters of objection were received from the community, the petition has been placed on the BZA's Summary Agenda. LEGAL CONSIDERATIONS: Before you is a Conditional Use for a refuse recycling center in the 1 Zoning District. A Conditional Use is a use that is pemlitted in a particular zoning district subject to certain restrictions. Decisions regarding Conditional Uses are quasi-judicial, and as such, require ex parte disclosure. Furthernlore, all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question tJle petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards 8S you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general wclfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board. -STW RECOMMENDATION: StalTrecommends that the Board of Zoning Appeals approve CU-2007-i\R-126 I 9, subject to the conditions recommended by staff and the CCPC, contained in the attached resolution. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development R~view CU-2007-AR-12619 Page 4 of 4 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 17B December 16, 2008 Page 5 of 46 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members, CU-2007-AR-12619, K.Q,V.AC Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district. The +/- 3,73-acre subject property is located at 1995 Elsa Street. Section 11, Township 49 South, Range 25 East, Collier County, FlOrida. CTS 12/16/200890000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 9/22120089:31:22 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 12/1120083:12 PM Appro,,'ed By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 12/21200812:15 PM Appro,,'ed By Heidi F. Ashton County Attorney Assistant County Attorney County Attorney Office Date Approved By 1212/2006 1 :20 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 12/2/20085:47 PM Approved By Susan lstenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 12/31200812:30 PM Approved By OMB Coordinator Admin!strative Services Applications Analyst Information Technology Date 12/3/20083:56 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 12/4/20088:21 AM Approved B)' JcHile::;; V. Mudd Board of County County Manager Uate 12/10/2008 file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 17.%20SUMMAR Y%20AG... 1-"'-."--- Page 2 of2 Agenda Item No. 178 December 16. 2008 Page 6 of 46 Commissioners County Manager's Office 12f6/200B 12:32 PM file://C:\AgcndaTest\Export\ 118-Decemher%20] 6.'%202008\ 17.%20SUMMAR Y%20AG... 12/ I 0/2008 ~)I~'('13 December Tti:16ti8 Page 7 of 46 Co~y County ~- -- ~ l STAFF REPORT To: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENl REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: OCTOBER 2, 2008 SUBJECT: PETITION CU-2007-AR-126 1 9, KOVAC Enterprises PROPERTY OWNER/AGENT: Owner: Martha Vaughn K.O.V.A.C. Enterprises, LLC 9001 S. Orange Avenue Orlando, FL 32824 Agent: Tim Hancock, AlCP Davidson Engineering, Inc. 2154 Trade Center Way Naples, FL 34109 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use for a Refuse System in the Industrial (1) Zoning District, as specified in Section 2.03.04.A.1.c.l6 of the Collier County Land Development Code (LOe) (Ordinance No. 2004-41, as amended). GEOGRAPHIC LOCATION: The approximately 3.73-acre subject property is located at 1995 Elsa Street in the J&C Industrial Park, which is approximately one-half mile north of Pine Ridge Road (CR 896), one mile east of Goodlette-Frank Boulevard (CR 851), and one-half mile west of Airport-Pulling Road (CR 31), in Section 11, Township 49 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF PROJECT: The petitioner's application seeks approval of a building material refuse/recycling center, which according to Subsection 2.03.04.A.l.c.l6 of the LDC, is only allowed in the I Zoning District with Conditional Use approval. A refuse center has been in operation on the site for the past several years (see photos below), and is currently the subject of a: Code Enforcement violation, which the new owner is hoping to redress with this Conditional Use petition. According to the applicant, the proposed use would not require any permanent structures, as the site would merely CU-2007-AR-12619 cepe October 16. 2008 Page 1 of7 1 .. .-------- .coco::!) ,,-0"" ~o_ .N 0 ~r.Dro ~<D s=.....0'l - <D C1l 2..00.. -E ro<D "'90 - <D ~O 4; e-- e-- !--- - ~I- " ~!--- ;; - ~ i ~I, I \(,- . o~ ::>~ <>.~ Ow < z ",2 t:!< ..0 o ~ ~ T ~-- - 3NY,r..N'I'331 -. + "'" S3NIiT' T > 1'--" . I . " I~ w ~ ~ i . . ~ . ~ _lfllQ D... 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Cll-~ z:;- wl!!~1lI z~gi o~~. cnfi~g S~~e >r2!:!~ cC;;~~ ca:;;!E~ WM~~ o! a::l: -, >- <G 0;; I ~ o:l ~ (f) ~ ~ "' n '! ! , <.i ~ J <hw ~~g ,.:lfl=!;;m zcr::i!l..J~ !:!~i:~l'.: dz~::J"" W :;l:lI..f:J qR:i- ,,- > ci " ......,.....-~...'.'^ ."""""',""'."'...-. ......................" Aaenda Item No. 178 December 16. 2008 Page 10 of 46 the proposed use would not require any permanent structures, as the site would merely function as a drop-off site for concrete, stone, tile and metal building materials that would be reorganized and subsequently resold for use in other building projects. The applicant has informed staff that the only on-site employee would operate the machinery; and office work would be handled on another property located in the Industrial Park. However, because staff saw a trailer and a storage shed/office on-site while conducting a visit, a development condition has been included requiring all structures currently on the site to be removed unless a site development plan (SDP) is submitted for review and approval by Zoning and Land Development Review staff depicting the structures with appropriate LDC standards for setbacks, water management areas, parking spaces, etc. Views of the site's working areas and internal dirt access roads. As shown on the Conceptual Site Plan on the preceding page, entitled "KOVAC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised t1rrough June 4, 2008, the proposed use would be reached by a two-way access drive from Elsa Street to the south. Pursuant to LDC section 4.06.02, Buffer Requirements, perimeter landscaping would be comprised of five-foot Type A buffers along all of the property's boundaries (similarly zoned I) except for the boundary adjoining Elsa Street, which would have a ten-foot Type D buffer with one tree per 30 linear feet and a double-row screen hedge. Approximately 0.37 acres in the northwestern comer of the site would be set aside as preserve for the re-creation of a native plant community, and would be placed under a permanent conservation easement. The remainder of the site, depicted as "Work Area" would be for the loading and unloading of the recyclable building materials. To illustrate how the operation will function, a "Site Operational Plan" has been provided by the applicant and included as Appendix I to this report. SURROUNDING LAND USE & ZONING: North: Cain-Jones Self-Storage; zoned I CU-2007 -AR-12519 CCPC October 2, 2008 Page 2 of7 Agenda Item No. 17B December 16, 2008 Page 11 of 46 South: South Florida Water Management District offices, hurricane shutter vendor, and pest control company; zoned I Elsa Street; and a transmission/auto repair shop, stone crofter, air-conditioning service center, and fence company; zoned I stone casting company; zoned I East: West: AERIAL VIEW GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Industrial District, as identified on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, this approximately 2,200-acre district is reserved primarily for industrial type uses and limited commercial uses. As previously noted, the subject site is zoned I, and the proposed Conditional Use, if approved, would be consistent with this zoning district. FLUE Policy 5.4 requires new developments to be compatible with and complementary to the surrounding land area. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. Transportation Element: According to the Transportation Planning Department, this Conditional Use would also be considered consistent with Pulicies 5.1 and 5.2 of the CU.2007-AR.12619 CCPC October 2,2008 Page 3 of7 :- --.--------- Agenda item No. 178 December 16. 2008 Page 12 of 46 Transportation Element of the GMP, as the project would have a de minimis impact on the surrounding roadway network. Based on the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the FLUE of the GMP. ANALYSIS: Before any Conditional Use can be recommended to the Board of Zoning Appeals (EZA), the CCPC must make a finding that: I) granting approval of the Conditional Use would not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: I. Consistency with the Land Development Code and the Growth Management Plan. As the property is in a designated Urban Industrial District, which permits the proposed use, this petition is consistent with the provisions of the GMP. Furthermore, the Industrial Zoning District of the LDC permits refuse centers with Conditional Use approval. The property is also located within the ST-W3 and ST-W4 well field protection zones; however, none of the proposed uses are prohibited within these zones. Therefore, the proposal may also be found consistent with the applicable provisions of the LDC. 2. Ingress and egress to the 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. Transportation Planning staff has reviewed the petition and has found no transportation- related issues. As shown on the Master Concept Plan on page three, adequate vehicular access to the site would be afforded from an existing access point along Elsa Street. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The subject site is currently surrounded by other industrial uses, such as a self-storage facility to the north; an auto repair shop, stone crafter, and fence company to the south; a stone casting company to the west; and a hurricane shutter and pest control company to the east. In addition to the project's location adjacent to other industrial uses, the LDC requires Type A vegetative buffers--comprised of trees planted 30 feet on center- along the site's perimeter boundaries to minimize the impacts to these neighbors. However, as discussed in greater detail in the "Neighborhood Information Meeting" pOltion of this report (see page five), several of these neighbors have complained about noise and windborne dust from the existing recycling facility, which the applicant has attempted to remedy by agreeing to relocate the concrete crusher at least 200 feet from the property's southern boundary; and in order to mitigate noise and vibrations on the nearby businesses, to allow only one cnlshing machine to operate on the site. Finally, the applicant has agreed to use sprinklers in the Ct"11~hino lnQ('h;np \"hpne\,pr it lO;;:! in I'lnl'>r~t-i(H' anA within thp sit",,'... u;nrlrinr:r ~rp'!"'lC' Qf lpt;lS' .~"''''U''A''O ...~.........._ "I "".u .... A....... ..U vI"............"'.., ........ "'''UUA ........ ..........., ................ 0 .............., ...... ....,... .. twice daily. To further prevent the impact of airborne dust, staff is recommending a condition CU.2007-AR-12619 CCPC October 2.2008 Page4of7 Agenda Item No. 17B December 16, 2008 Page 13 of 46 of approval that would require Type B buffers--comprised of trees planted 25 feet on center and a 5-foot tall single row hedge at the time of planting-along the project's western and southern boundaries, at the interface of abutting uses. 4. Compatibility with adjacent properties and other property in the district. As noted above, the proposed recycling use would be surrounded by other industrial uses including a self-storage facility to the north (which is a use permitted by-right only in the I Zoning District) as well as the stone product manufacturing facility to the west and south. The remaining uses are primarily heavy commercial uses that are compatible with those found in the industrial park. Due to this industrial location, the provision of the required vegetative buffers, a height limit of 40 feet (10 feet less than that allowed in the I District) and the conditions of approval recommended by staff, the impacts from this project on the neighboring properties would be minimized and compatibility enhanced. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. However, the Environmental Services Department has reviewed this petition and has found no environmental issues associated with it NEIGHBORHOOD INFORMATION MEETING (NIM): (Synopsis provided by Cheri Rollins, Administrative Assistant) The meeting was duly noticed and held by the applicant on August 26, 2008 at 5:30 pm at Pine Ridge Middle School. Eleven people from the public attended, as well as Tim Hancock from Davidson Engineering, the applicant and County staff. Mr. Hancock presented a brief overview of the requested Conditional Use, explaining that it was being requested to bring the current site into compliance with the LDC. One of the attendees stated that wind-driven dust from the site, especially in the dry season, was an issue as a result of the site's unpaved internal roads and the piles of crushed debris. Mr. Hancock said that there were currently sprinklers on site and that a water line ran directly into the crushing machine to minimize dust; but that they would look into how to make the entrance and driving paths better. The applicant also mentioned that during the site development plan (SOP) process, if pursued, they would like to tap into tlle well that is currently on the site and install a sprinkler, which would give them more of an opportunity to keep the dust down. One property owner asked if there were plans to expand the operation; and stated that the operation seemed to have outgrown the site and had become very noisy. The applicant responded that there were not expansion plans at this time, but that they were simply trying to get the site into compliance with the LOC. Mr. Hancock added that there had indeed been a spike in the number of material drop-offs, due to the decline in the need for crushed rock as a result of the depressed building industry. Another participant askcd if there were limits to the heights of the piles of debris. Mr. Hancock said the height was the maximum permitted in the [ Zoning District, but that they could establish a limit. To screen views of the piles, Mr. Hancock said Seagrape or another tall tree species would be used for screening, which would also help prevent dust from traveling off-site. Finally, another l"'lP1nh'h,...,.. pv't"lot"pC'cc""A ,...n.n"''''''rt'l <::Ih......1lt 1l.l,...,1.C',;.,.,;nfT r>.,.",ch I'n h;s "tnCf">^ hu;lrl-i,.,n- hp h".lip.""",-t Ul,orp f1"f"\ffi ............0.. V'VA ..........p........,..,........ ....v.. .........u ....vv.....~ ..V.Lv.....U.L.Le> ............ "':...J .. .I.'" WU... .....v v......."..uU5.L... V"-'.LH.'.......... ............ .L.L'..H vibrations caused by the crusher. CU.2007.AR-12619 CCPC October 2, 2008 Page 5 of 7 1."'"-_m._~"'--- Agenda Item No. 176 December 16, 2008 Page 14 of 46 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-2007-AR- 12619 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: I. 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 June 4, 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 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 cru.~hing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern boundaries. 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 t""ice daily to effectively control Vlindborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6. The maximmn height of material piles shall be limited to 40 fect. 7. To screen views of the piles and to help prevent dust from traveling off-site, a Type B buffer shall be provided, inespective of that shown on the Master Concept Plan, along the site's southern and westem bOlUlclaries, at the interface of abutting uses. CU-2007-AR-12619 CCPC October 16. 2008 Page 6 of7 Agenda Item ~~o. 176 December 16. 2008 Page 15 of 46 PREPARED BY: ~~~ ~(~g JO -DAVID MOSS, ICP, PRINCIPAL PLANNER D TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: I g I ; ct'-UA ~ /tv STEVEN T. WIlLIAMS I/J~SISTANT COUNTY ATTORNEY UJ}2A1{DV DATE i-/f,'O 'if RAYMO BELLO S, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '/Yl.~ 9/22/0'?f --&JSAN M. ISTENES, AlCP, DIRECTOR . DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Collier County Planning Commission: p 10-- ,",08 DATE MARK P. STRAIN, CHAIRMAN Tentatively scheduled for the October 14, 2008 Board of Zoning Appeals Meeting Attachments: Appendix I: Site Operational Plan Exhibit A: CU Findings of Fact eU-2007-AR.12619 cepe October 2,2008 Page 7 of? T ,---,-.---'---- cottiER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WW\,!,COLlIERGOV.NEJ (i) Agenda Item No. 178 December 16, 2008 2800 NORTH HORSESHOE om~ 16 of 46 NAPLES, flORIDA 34104 (239) 403-2400 FAX (239) 643-6968 'APPU<:ATi()Nj:pRP\llmC",~ARIN(;FQR: ' , CQNDlnONALUSE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DA TE PROCESSED ASSIGNED PLANNER [CU_2007 -AR-12619 KOVAC Project: 2007060006 Date: 12/3/07 DUE: 1/3/08 REV: 1 ABOVE TO BE COMPLETED BY STAFF APPLlCANTINFORMATIl;>N ',', " ' ] ., / 1-1-'-' NAME OF APPLlCANT(S) K.O. V.A.C ENTERPRISES. INC. ADDRESS U'l2 FRANK WHITEMAN BL VD _ CITY NAPLES TELEPHONE #: (239) -262-32~l CELL #: E-MAIL ADDRESS: STATE Fl ZIP: 34103 FAX #: (illJ -262-3297 NAME OF AGENT TIM HANCOCK. A/CP FIRM DA VIDSON ENGINEERIN~INC. ADDRESS 2154 TRADECENTER WA Y SUITE 3 CITY NAPLES TELEPHONE # (239) 597-3916 _CELL # E-MAIL ADDRESS:TIM(ii>DAVIDSONENGINEERING.COM STATE FL ZIP 34109 __FAX # (239) 597-5195 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGL Y AND ENSURE THA T YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APpLICATION fOR PUBLIC HEARING FOR CONDIT/ONAl USE - 4/14/03, rev 5/20/2005 [S", ASSOCIATIONS Agenda Item No, 17B December 16, 2008 07....,-,17 ,:,f ~9 ',' .,'. -., .',.'," .".., Complete the following for all Association(s) affiliated with this "etition. Provide additional shee,ts if necessary. NAME OF HOMEOWNER ASSOCIATION: MAiliNG ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION 'I a. If the properly is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of 6uch interest. (Use additional sheels If necessary). Name and Address Percentage of Ownership MarIna Vauann 100% /392 FRANK WHITEMAN BLVD APPUCATION FOR PUBUC HEARING FOR CONDitIONAl USE - 4/14/03, rev S120/2005 , 1.-".-------.- b. If the properly is owned by a CORPORATION, list the officers and percentage of stock owned by each. A;jenda ite!Tl No. 178 December 16, 2008 Paqe 180(46 stockholdenr and the Name and Address Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property Is in Ihe name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership APPLICATION FOR ~U[JUC HEARING FOP. rONDlr/ONAL USE - 4/1 4/03, rov 5/20/2005 Agenda Item No, 17B December 16, 2008 Page ',9 of 46 e. If there Is a CONTRACT FOR PURCHASE, with on individual or individuals, a Corporation, Trustee, or a Parlnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percenlage of Ownership Date of Controct: f. If any contingency clause or contract terms Involve additional parlies, list all individuals or officers, if a corporation, parlnershlp, or trust. Name and Address g. Date subjecl properly acquired [2J lea6ed D Term of lease yrs.fmos. ReSDonse: The property was acouired bv 'fie owner on January 9, 1997 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date __, or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, bul prior to the date of the final public hearing, it is the responsibility of the applicant, or ogent on his behalf, to submit a supplemental disclosure of interest form. APPLICATION FOR PUBLIC HEARING FOR CONDJTIONAl USE - 4/)4/03, r~v 5/'20;2005 r" -., --'------' /-\genda Item No. 1lB December 16, 2008 Page 20 of 46 C' PROPERTYLOCATION ,._J Detailed leQal de,crh,tion of the DrODertv covered bv the aDlllication: (If space Is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for properly involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-applicatic>n meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal descrip1ion, an engineer's certification or sealed survey may be required. Secti on IT own s hi p IRange II / 49S 1-.25L lots: 141. a llorfion of 142 ancl allor/ion Qf 143 Subdivision: J&C Inclus/rial Park Plat Book: Page #: Properly I.D.#: 00248400006 Metes & Bounds Description: PARCEL I: LOTS 142 AND 143, J&C INDUSTRIAL PARK, AN UNRECORDED PLAT BY BRUCE GREEN & ASSOCIATES. INC. LYING THE THE NORTHWEST U4 OF SECTION I I. TOWNSHIP 49 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLORIDA. LESS THE WEST 585.00 FEET. PARCEL 2: L075 141 J&C INDUSTRIAl PARK, AN UNRECQBDED PLAT BY BRUCE GREEN & ASSOCIATEsJINC.lYING THE THE NORTHWEST' /4 OF SECTION I L TOWNSHIP 49 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLORIDA. SIZE OF PROPERTY; :!: 411 It. X :t 520 ft. :::: Total Sq. Ft.: ,162.478.80 SF Acres: 3.73 Acres ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: The DrOllertv is locatecl at 1995 Elsa Street. L ADJACENTZOtlJllIIGAI'UilANDUSE Zoning N: ~'l~ S: "f' E: HI" W: "I" land use Imnroved InaysfrjallCommercial Storaat. Imorovecllnclustrial Imorovecl Public Facilitv. Imorovecl Inclus/riol ancllmllrovecllnclustrial Vacant Inclus/rial Does /he owner of th<t subject properly own properly contiguous to the subject properly? If so, give complete legal description of entire contiguous properly. (If space is inadequate. attach on separate page). Response: No Section/T owns hip IRange 1--_1 lot: Block: Subdivision:_ Plaf Book__ Page #: __ Properly I.D.#:_, Metes & Bounds Description: _n._, APPLICATION FOR PUBliC HEARING FOR CONDITIONAL USE - 4/14/03, reI' 5/20/2005 Agenda Item No, 17B December 16, 2008 Page 21 of 46 CONDITIONAL USE REQUEST DETAIL TVDe of Conditional Us.: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the "1" Industrial zoning district for Concrefe Recvclina (type of use). Present Use of the Properly: Conerele Reeve/ina EVALUATION CRITERIA J Evaluation Criteria: Provide CI norratrve statement des.cribing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon 0 finding that the granting of the conditional use will not adversely affect the public Interest and that the specific requirements governing the Individual conditional use, if any, have been met, and that further, satisfactory provision and arrangemant have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project Is consistent with the Collier County land Development Code and Growth Management Plan (include information on how the request is consistent with the appllcoble section or portions of the future land use element): ReSDonse: The proiect is comMenl wilh the Collier County LDC and GMP in that the active concrete recve/ina site is a Dermiffed. Conditional Use wilhin the Collier' County LDC's. Section 2.04.03./-lndustrial Zone as refuse svstems (SIC Code 49531. The aDDlicant is reauesting.!! Conditional Use in order to continue Jeaallv ODerate the exis';"" use. The Droiect's use is also consistent with the Collier Counlv GMP in that Ihe LDC's Industrial District is founded on the Dresent Future Land Use II-Industria/). b. Describe the existing or planned means of Ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in cose of fire or catostrophe: Resl)onse~ The subiect Drot:tlUiLi~s an active reluse system site. There are no flew jnaress and earess Doinh Droaosed or needed in relation fa this Conditional Use reauest. The ex;stina ,access /1o;nt is on Elsa Street and has lunctioned in that capacity for the nast severaliears with no incidents and will continue fo [(Indian similarlv. Af'PUCATJON FOR PUBUC NEARING FOR CONDrTJONM USE - 4/14/03, rev 5!20/20()S "~'r""---'--'--- Aaenda 11em No. 178 December 16, 2008 Page 22 of 46 c. Describe the effect the condltionol use will have on neighboring properties in relation to noise, glare, economlc impact and odor: ReSDonse: The "r"ntin" 01 the C.onditional Use will h"ve a minimal. if anv. effect uaon the existino neiahborina Ql.2D.ert;es in the way of noise, alare, economic imoad or odor clue to its current existence and Goarolion for the Dast several Y..t!ars. The area surraunJino the subiect Dronertv is DODulated with uses rana;n" from vacant industrial to the immediate west. imoroved industrial ~tora"e to the nor/h. Imr>roved industrial uses to the east j'nclus;ve of $fWMD facilities. The site contains an eX;!ltina reFuse system activity. The "roDosed Conditional Use will orovide the aODlic""' the ODDortunUy fo aoerala and attain leaal zonina for a Dermitted use. No additional development activity is untieina/ed on the subfeet orooertv dur;na the life ofJl~!t.refuse system activity on this site. d. Describe the site and the proposed use's compatibility with adiacent properties and other properties in the district: Resr>onse: The suhiect DrODer'v is currentlv be;"" ooara/ad as a refJJ~e SYstem facility and has been ODerated as such for several vears. As lJreviouslv stated, Ihe subiect DrODerty is surrounded bv vacant and imp-roved industrial narcels. The refuse system use is DermUted as a conditional use wifMn the Industrial District ana Industrial future lanel use cJesianation. e. Please provide any oddltlonollnformotion which you moy feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities hove adopted such restrictions. You may wish to contoct the civic or property owners associotion in the oreo for which this use is being requested in order to ascertain whether or not the request is: affected by existing deed restrictions. R~onse: There are no aeecl restrictions ossoc..igled with the subiect Dro~ Previous land use petitions on the subiecl proRerlv: To your knowledge, has a public hearing been held on this property within the lost year? If so, what was the nature of that hearing? R!tiJ;!onse: No APPLICATION FOR PUBLIC HEARMG FOR CONDiTIONAL USE - 4/) 4/03, rev 5/20/2005 Agenda Item No, 17B December 16, 2008 Page 23 of 46 Additional Submittal rCQuh-cmcnts: In additiou to this completed application, the following must bc submitted in order for your application to be deemed sufficient, nnless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'/2' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC); · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrIan ingress and egress to the site and the structure{s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled, . locations of solid waste (refuse) containers and service functIon areas, · requIred yards, open space and preserve areas, . proposed locations for utilities (as. well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting Including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, fwo copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shali be submitted. Said aerial shall Identify plant and/or wildlife habitats and their boundaries. Such Identification shall be e. consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre,appllcation meeting; h. A historical and archeological surveyor waiver opp!ication if property 1s. located 'Nithln an area of historical or archaeological probability (as identified at pre-application meeting); APPliCATION FOR PUBUC HEARING FOR CONOfT/ONAL USE - 4/J4/03, rev 5120/2005 '" '''-'--r'- Aaenda Item No, 17B December 16, 2008 Page 24 of 46 i. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102,9998 Phone (239) 435-2122; Fax (239)435-2160 j. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE lAND DEVelOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIA TEL Y. APPliCATION FOR PUBLIC HEARfNG FOR CONDIrIONAt USE - 4/14/03, rev 5/20/1005 Agenda item No, 17B December 16, 2008 Page 25 of 46 CONDITIONAL USE (CU) APPLICATION SUBMITTAL CKECKLlST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARO REQUIREMENTS: Cover letter briefly explaining the proiect 20 X Application (completed & signed) (download from website for 20 current form) X 'Additional set if located in the Bayshore{Gateway Triangle 1 Redevelopment Area) X Addressing Checklist signed by Addressing 1 X Pre-Application meeting notes 20 X Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 COpy) 20 X Copies of Warranty Deed(s) 2 X/ Completed Owner/Agent Affidavits. Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic X coPy of EIS or exemption justification 3 Aeriai Photographs (taken within the previous 12 months) 5 X Statement of utility provisions (with all required attachments & sketches) 1 Traffic Impact Statement (TIS). or waiver 7 X Historical and Archeological Survey. or waiver 4 X Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure(s) 4 X Electronic copy of all documents and plans (CORaM or 1 Diskette) X Letter of no objection from the United States Postal Service. Contact Rober! M. Skebe at (239) 435-2122. 1 X ~~ :d~ . Applicant/Agent Signature ,~....... "'7 tiC'''( 'U Date APpliCATION FOR PUBLIC HEARING FOR CONDITIONAl USE - 4/14/03, rGY 5/20/2005 T' ~ ,--,---,--- Agenda Item No, 176 December 16, 2008 DE'''" DAVIDSON ENGINEERII,"G CIVIL ENGINEERING' PLANNING. LAND DEVELOPMENT SERVICES Novcniber 27, 2007 CU-2007-AR.12619 REV: 1 KOVAC Project: 2007060006 Date: 12/3/07 DUE: 1/3/08 lohn-David Moss Collier County Development Services 2800 North Horseshoe Dlive Naples, FL 34 I 04 Reo' K.O. V.A.C. Conditional Use 1" Review Dear Mr. Moss, Thc K.O.V.A.c. Project is an on-going refuse system operation. The proposed Conditional Use wiII allow the cxisting facility to remain in operation legally on the ,,3.73-acre propmty. No additional development activity is anticipated op the subject propClty dw'ing the life of the refuse system acti\~ty on this site. The subject propCliy is within the Industrial DistrIet on the Zoning map as well as the Industlial Designatiou on the Future Land Use map. Section 2,04.03 of the LDC permits the operation of rcfuse systems as a Conditional Use within the Industrial District. Policy 5A of the Growth Management Plan Future Land Use Element requires all new developments to be compatible with and eomplementary to, the surrounding land uses, and subjt:ct to meeting the compatibility criteJia of the Land Development Code. The requested conditional use is eompatible with the surrounding land uses. The use scrves as a public benefit by providing a safe and effeetivc area f()r tIle collection and re-distribution of reeycled building materials. We offer thc following for your revicw oflhe abovc refereneed project: I. Twenty (20) Copies of the Application; 2. One (I) Copy of Addressing Cheeklist signed by Addressing 3, Twenty (20) Copies of the Pre-Application Meeting Notes; 4. Twcnty (20) Copies of Conccptual Site Plan 24"x36" plus One (1) 8 ~S " x 11"; 5. Two (2) Copies oftbe Warranty Deed; 6. OIle (1) Copy of Owner! Agent Affidavits, notarized: 7. Five (5) Copies oftbe Projeet AClial; 2154 Trade Cenler Way, 5uile #3 ' Naples. Florida 34 t 09 ' Phone: 239,597,3916 ' Fax: 239,597,5195 ViWW, clavi dsoneng in eering. com Agenda Item No, 17B December 16, 2008 Page 27 of 46 DE DAVIDSON ENGINEERING 8. Seven (7) Copies ofthe Traffic Impact Statement; 9. One (I) Electronic copy of all documents and plans; 10. One (I) Check, in the amount of$5,123.00 for review fees; Should you have any questions or concerns, please feel fi-ee to give mc a call. Thank you. Tim Hancock, AICP Director of Planning Cc: Tina Langham, K.Q,V.A.C. Enterprises,Inc. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 Agenda Item No, 17B December 16, 2008 Page 28 of 46 2800 NORTH HORSESHOE DRIVE NAPLES, flORIDA 34104 (239) 403-2400 FAX (239) 643. (i)- CU-2007-AR-12619 .... KOVAC '.,...' ' Project: 2007060006 Date: 12/3/07 DUE: 1/3/08 REV: 1 L CONDITIONAL USE PETITION PRE-APPLlCA nON MEETING NOTES & SUBMITTAL CHECKLIST Date: !:! p 3! <J '} Time: 3,' / j Planner: I I , 1 ~, Project Name: I/:'f'" dC,-' (", .A t~? -" Project Addr/Localion: /q1 ( f]"r>'l- Jf . :))) ;f/U'S5 ./,(tJ.V4.G " , rUJsJ,'l~ Applicant Name: Firm: fJ<,/ /i)v~ l-a-r-;;-ia?Yt-- Phone: d-Z ,f) -- & ~CJ 0 Current Zoning: r ,~~J!~" ~~ - IGfCf r' e SA.. d+ , ~' II~ v~~vv fJvd 41. .)C) () .~ 10 2AJ~ Owner Name: Owner Address: Phone: M~~.i!Ig Att~n(l~es: (attacl1 Sign l'! Sheet) NOTES: 3.7; ~ ('.!hu-f!-z-wJ.., xlk p.lO-N 1,v7 11 fcG..I2fL + feW ~~I~ML- ,{6cJ,I'l1 o~ a 1;?j,~IU(l')f f"'1.!...r:-aL- v )S. k-l+e. ' 1 Agenda Item r"O, 17B December 16, 2008 Page 29 of 46 NOTES: ,r;-c.: CDDr #A:1~ ('''''''--='''~.Ar C t.l :; i-kAf,mu+ptE:: wiLL /2AQUIeJd: A5'e/.fn~? ~DS6tPe; J':\U~ ,leT 0-,,,,,1>:' "" <;[liJ, (?u~., '''IU. is:;; C:'~l'~' /~ I,A') f!!1lf6fl-L1 1"1'0' () (. TtJP€' D j()' W}De;:., (,/;.j -h. ~r.--: nw E:I'Ttfg,P'f)l1lf:>-: Dr::. I:s::'JJTJ2lf (g~~ ('tfe;('r( JS'IT" ~/~ / ( Mrzn J ' U' (' or , 1W , -:-'f1~H:(J ~)J^ L!-JIJ!LL!)" ;;p, ~ ~ ~~~,t~~~~~.oI:/~~Z:~'edt(!~;}2 ~S~M ~1'PWS::r. 'f' (bV1UfVG'- rllS /v-Ee:s>>. rer ~ lJ:jl>~(G:p. TD ~[)LV l.A)/cH 0-J~ TIs. e"'/~I~S .4.Nv 11(;,,::/0... "."" s;'r,.; r (, , I ~ ~ I!'.&AfS./s~^"T tA17'" ~ ~,o'^1&v7' ~. LTJ.~ Ie> ~ A<,:r""',- '~ Of" -re.. '> ~Ltlt-l> iEl1:n. "'~ 4cc-G5's/"-lf f;.1l"p> ~ Po.c\L<:r:>cI"'" Tre.../!.r.,C/ '0 by):..,:> D\JT-:)' ~ ,." )'- ') 'IV HF)J '-'-jL Agenda Item No, 17B (' I ') U n I) /'/1;, December 16 2008 . c IV I ( '--' "-- Page 30 of 46 Conditional Use & Development of Regional Impact tli2f ~ vtb/'fP~d vU4f'00zd. O/flr:Yl.!) fYYl~{f .L~ jlJ21;/JAMA. 1, Provide a map of all overlays. districts and zonil1g on the subject site and tbe sUl1'0unding properties, (Lc, CON. ST, PUD, RLSA designation, RI7MU district, etc,) (LDC 2,03,05- 2.03,08; 4,08,00) 2, Comply with specific reguirements per SSA stewardship easement or SRA development document/master plan. (LDC ]0,02.1~; 2,03,06; 4.08,06) GJ 5. Provide calculations on site plan showing tbe appropriate acreage of native vegetation to be retained, the max, amount and ratios pennitted to be created on-site Or mitigated off, site, Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3,05.07J3-D; 3.05,07F; 3.05,07.H.1.d'e). 6. Wetland line shall be approved by SF\VMD and delineated on the site plan. (LDC 3,05.07,F; 1O,02.03,B.1.j.) 7. Provide a wildlife survey and include the species specific wildlife habitat management plan on the site plan, The management plan shall include a mDnitoring prograjp for sites larger than 10 acres, (LDC 3.04.00) J1-) ,S ,/1')'1.12.'-<;;1- ~ /l.Cjt)~~ J4/'UL CEJL-/. (\ hr () -1;;jJ ~;J...{H:{J u &'i k \,h'i / , 8. Provide a complete and sufficient EIS (andQh~ review fee) identifying author credentials, consistency detennination with the GMPs, off-site preserves. seasonal and hist0l1C high water levels, and analysis of water gual1ty, For land previously used for farm fields or golf course, provide soil samplinglgroundwater monito!ing repOlts identifying any sitc contalnination, (LDC 10,02,02) 9. Retained preservation areas shall be selected based on the crite!ia defined in LDC 3,05.07.A3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife con-idol'S. (LDC 3.05.07,A.4) (~ \~ Informational: Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or silnilar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i,e. stem wall or berm around wetland preserve), Provide cross-sections for each preserve ,boundary identifying all site alterations within 25', (LOC 3.05.07.H.3; 6.01.02.C.) 11. Provide the location, maintenance plan, and type of habitat of any proposed off-site prcservation/rrdtigation. (LDC 3.05.07 .F) 12, Wetlands within the RFMU Dictrict and the Orban Designated Area Lake Trafford/Camp Keais wetland system shall pr0\'ide an assessment of the value and function of the onsite wetlands (WRAP score). Dire:: impacts of development shaJI be directed away from high Agenda item No, 178 December 16, 2008 Page :31 of 46 CONDITIONAL USE (CU) APPLICATION SUBMlTT AL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W!COVER SHEETS A TT ACHED TO EACH SECTION. NOTE, INCOMPLETE SUMBITTAlS Will NOT BE ACCEPTED. REQUIREMENTS STANDARD REQUIREMENTS, Cover letter briefly ex lainln the ro ect Application (completed & signed) (download from website for current form) *Additional set if located in the Bayshore!Galeway Triangle Redevelo ment Area) , Addressing Checklist 51, ned b Addressing Pre-A IIcatlon meeting notes Conceptual Site Plan 24" X 36" Ius one 8 '/2 X 11 co y) Caples of Warranty Deed(s) Completed Owner I Agent Affidavits, Notarized Environmental Impact Statement (EIS), and digital/electronic copy of EIS or exemption iustificotion Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes, Le end, and ro'ect boundar Statement of utility provisions (with all required attachments & sketches) Traffic Impact Statement (TIS), or waiver Historical and Archeolo ic:ol Survey, or waiver Copies of State and or Federol Permits Architectural Renderln of Pro osed Structure(s) Electronic cop of all documents and plans (CORaM or Diskefte) lelter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-21 22. ;AU~' g~:lIit~"~~,~lii.oii~iiiic:a.irl,"'"'eni>I:'''' :j{J?f!~~~f1t~~'~i~~r~~i~~~~;!,g;{y~Wf~~~rtfi~\,~l~sID}:~~~r.. ," o EDC UFost Track" must submtt approved copy of offlclal applicatIon o Affordable Housing "Expedited" must submit copy of signed Certif[cate of A reement. PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: C 20 20 1 1 20 20 2 1 3 5 >( 1 7 4 4 1 #OF COPIES 2 REQUIRED NOT REQUIRED x ''/ >< >< omments should be forwarded to the Planner orior to the due date SCHOOL DISTRICT (1) PARKS & REC - Murdo Smith (1) SUPERVISOR OF ELECTIONS (1) UTILITIES ENGINEERING - Zamira Deltoro (1) COMMUNITY PLANNING (1) COORDINATOR -Linda Bedlelyon BA YSHORE!GA TEW A Y TRIANGLE (1) REDEVELOPMENT Executive Director --.-.. Communications TO'Y\I'ers On ly: MOSQUITO CONTROL NAPLES AIRPORT AUTHORITY (1) CO!!!ER CO. AIRPORT AUTHORITY (1) -1~ 2 , r'.-- ;,genda !tem No. 178 December 16, 2008 Page 32 of 46 FEES: ~ }( i Pre-applicatlan Fee $500.00 (Applications submitted 9 months or more after the dale of the last pre-app meeting shall not be credited towards application fee. and a new pre- application meeting will be required.) Application Fee Fire Code Review Comprehensive Planning Consistency Review Estimated Legal Advertising Fee. CCPC Meeting Estimated legal Advertising Fee - 8CC Meeting (any over- or under-payment wlli be reconciled upon receipt 01 Invoice from Naples Daily News). o $2,500.00 EIS Review, If required :!::3Psportatlon Fees, If required, ~ $500.00 Methodology Review Fee, II required o $750.00 Minor Study Review Fee, If required o $1,500.00 Maior Study Review Fee, II required $4,000.00. $150.00 $300.00 $760.00 $363.00 5~'- s.C4Le A~C-J~e!3::> *$1500.00 If flied In conjunction with a rezone petition OTHER REQUIREMENTS: o D D D Applicant/Agent Signature Dale 3 . 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H, ',"'- 1':1,';','" " -":,~ ,~1 "" ~<:'<l"......^,-,,....- -tr ~'O ifd] t--/ooI. 0 / .....-. _or -':h -, ,..~,;t,. :':-~ ., " .}~ ~"J "~II~ 1"0'''03 pnpOJd'~,I~~~~}~~:i'. .,) ('{' ,) C'\ -,'-" ~ ~ "-' {.~ .c. .,.~.::::.~. '., V'?'i.,.:n.~,,, ' . "~,:",';\., fh\;!!I.i .<\0,C!"q. ~t)UI;f l:$H~,1 , 1'''~O~d;\:;.,: ~~ , t ~. n I 1;' , i I ; r1" ..J i ~ , , i 0 II o.D fi I Lon I .J f; Lon ,.. 'i " 0 , o.D n ['-- o.D 11 ... iJ 0 0 "i ;IJ . . ['-- ..J' I 0 0 "f 0 j 0 r1'l i! o.D " 0 : ~ ,1 . . 'l J Agenda Item No, 178 December 16, 2008 Page 35 of 46 RESOLUTION NO, 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLlSHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACll..rrY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2.03,04.A.l.c. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSIllP 49 SOUTH, RANGE 25 EAST, COLLIER COlJNTY, FLORIDA. WHEREAS, tbe 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 ofthe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41, as amended) which includes a ComprehenRive Zoning Ordinance cstablishing regulations for the zoning of particular geographic divisions of the County, among which is lhe 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 bas considered the advisability of a Conditional Use of a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2.03,04.1\.l.e. of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made lindings as described in Exhibit "A" that the granting ofthe Conditional Usc will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and anangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08,OO,D. uHhe Land Development Code; and WHEREAS, all interested parties have been given opportnnity 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 COUNTY, FLORIDA iliat: Page 1 of2 ""1' Agenda item No. 17 B Decer::ber 16, 2008 Page 36 of 46 Petition Number CU-2007-AR-126l9 filed by Tim Hancock, AlCP of Davidson Engineering, representing KO.V.A.C. Enterprises LLC, with rcspect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2,03.04,A.l.c. of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "c" and subject to the conditions found in Exhibit "D". Exhibits "B", "C" and "0" are attached hereto and incorporated herein by reference, BE IT FUR TIIER RESOLVED that this Resolution be recorded in the minutes of this Baard. This Resolution adopted after motion, second, and super-majority vote, this _ day of ,2008. ATTEST: Dwight E. Brock, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By:_, _ '_ TOM HENNING, Chairman , Deputy Clerk Approved as to fonn and legal sufficiency: @ Heidi Ashton-Cicko Assistant County Attorney Exhibits attached: A. B, C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions CP:08-CPS-OD777\Reso Page 2 of2 Agenda Item No, 17B December 16, 2008 Page 37 of 46 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL lJSE 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 othcr 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 conh'ol, and access in case of fire or catastrophc: Adequate ingJ'ess & egJ'ess Yes vi No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: .; No affect or _ Affect mitigated by _ _ Affect carmot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the abovc findings, this conditional use should, with ipulations, (copy attached) be recommendcd for approval to the Board of Zoning Appeals. DATE:~IQ)~ COMMISSIONER:_ . ~Idl \ EXHIBIT A 1 .. ,--,---- Agenda Item r~o. 178 December 16, 2008 Page 38 of 46 FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.S ufthe 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 01' neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to propeJiy and proposed structures thereon with paliicular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eb'fess Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effccts: ~v No affect 01' _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and olher propeliy in the district: Compatible use within district Ycs V No Based on the abovc findings, tlus conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~~ DATE: COlvlMISSIONER: EXHIBIT A Agenda Item No, 17B December 16, 2008 Page 39 of 46 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,Q3.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public intcrest and will not adversely affect other property 01' uses in the same district or neighborhood because of: A. Consistency witlj the Land Development Code and Grov.'1h Management Plan: Yes \/ No,_ B. Ingress and egress to properly 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 i-. No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: - _ No affect 01' I Affect mitigated by b1-Cl}( ~ J (' It fA \lA! if? _ Affcct cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible USZithin 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:..Lt? /;& /6f- t . ioM.nt. be<<-. )' / IJ. r C'BMMISSTORER:_-Id?&b4 ' ?(~ EXHIBIT A ""I' ,. , t\genda ltem No. 178 December 16, 2008 Page 40 of 46 ',' FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts arc found: 1. Scction 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 propcrty and prapo'sed structures thcreon with particular reference to automotive and pedestrian safety and convenienee, traffic flow and control, and access in case offire 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" S 4-t\2'--J ~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes JL/No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recOlrul1~nDd~d l~~r_ aop;roval to the Board of Zoning APpculS., ! /1, t f j(s DATE: l v COMMISSIONER: VV V'-" _ Exhibit A Agenda Item No, 17B December 16, 2008 Page 41 of 46 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 tire or catastrophe: Adequate ingress & egress Yes vi No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or .Jt Affect mitigated by ;s n jJ Ut-krJd;JS _ Affect Calmot be mitigated D. Compatibility with adjacent properties al1d othcr property in the district: Compatible use within district YcS_V No Based on the above findings, this conditional use should, with stipulations, (copy attached) bc rec0l111nended for approval to the Board of Zoning Appeals. DATE:-L~if COMMISSIONER:d tH1 /1 d-- '--JJ:.t'r:I (? ~<.- EXHIBIT A , ']' -,------- !\genda Item No, 178 December 16, 2008 Page 42 of 46 FINDING OF FACT BY TIIE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU.2007.AR-126I9 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 intercst and will not adversely affect other properiy or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Oro",oth 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 propeliies in relation to noise, glare, eCDnomic or odor effects: / T No affect or ~ Affect mitigated by .eu K-n:. f-Ld r~t(SrMn.. w I fLu e..BJ I.. _ Affect cannot be mitigated ( I 'J7 fl-ct-J D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~o Based on the above findings, thL conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: IO/;c.Jy f . .ec1.1J..l::;::;IUl'<!JoK:_ ~ (\'A.t3M ?,6''f2-. EXHIBIT A Agenda Item No, 17B December 16. 2008 Page 43 of 46 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 uscs in the same district or neighborhood because of: A Consistency witl~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 pedes1rian safety and convenience, traffic flow and control, and acc,ess in case of fire or catastrophe: Adequate ingre~CgTeSs YesL No C. Affects neighboring propelties in relation to noise, glare, economic or odor effects/' /No affect or __ AfTect mitigated by _ Mfect cannot be mitigated D, Compatibility with adjacent properties and other propeliy in the district: Compatible use wi~ district Yes / No Bascd on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning l".ppeals, V/. ~/ '/ / / / ,;:70'.-<:;. DATE: / tJ-/r;::~_ COHMI~~IONER:~'2,j- t/ / tJ-t>( ~---- EXHIBIT A l' ,.".,-----..---- ..- . -. tit OR: i . .~~' December 16, 2 '1 PG: 1062 fuJe 44 0 ~ ~ -. 1 B 8 6 ( lIot 143 _ J " C Il<<XJBTlttlW PARK, an unr6cord.d ph.t t DlOro p.r~ioul.rly da.ar1~d .. tollOVlt J ii C INDUSTRIAL PARK .AA, O' TIll ll1l 1/' or SECTION 11. TOWHSHIP .t SOUTH, RANGE ~5 EAST COLLIn cotItr"V, FLORIDA PAROIlL lU eo...Qcing at ~he W~.t 1/~ oamor of GDotion 1~, ~nip ~t SQuth, ~ng. 25 EA.e. Collier county, FlorLdaj ~D. along the x..t and w..t 1/. line of ..id Section 11, .. .urveyed, N .'.~OI.OW H, "3.70 t..t to the o.nt~rline of . ~d, ~nc. along- said centerlino, ~ Q~31It2~ M, 580.'1 feet for a PLACI OP 8MIJOlING I Th.nca continuing along the l..t dcsoribed oo~r..1 200,00 ~..tl Thana. N 8'-21'11- I, 9tG.82 ~~___ ....no.. 0'"'''' E. ..o.~~w~_c~~ Tbance B 8".)"18- W, ,99', ,) I us- h..(i\)io.o. ot negilud.ng, bainS' p&l:t of the Nor ~ t I.. ot' add & ~'~1, Tovn.h:l.p U South. Rkng4 25 B&.t, tIler County, FIDrid&~~ ~ ~ ~'----, \ \~J , J:\"~)' /c 0".1 \;1- "\.fle; "o;;">____,~<~ <Y 'ZZ!!B em, c:}/ --~_..--" Exhibit B ::0 """ r---O--t ~O_ ,N 0 , U) ~" E CD ~ .ffi.oro -ED.. roQ) Uu C Q) :g,o <{ ~z__~:! ,J . ~ il~ ~ J Ii .I -4 Ii' ~1!" i J=::~~~:..J!I:ll:!IJ'I~..; ,lll IU~li :,:,i,."C ." 'v'3't1'v' 38'v''tI01~. t .,~~~ i II 1, . I .;' -rf--r------u~- - J d~r .c~} i IIi lilf I~ I J I tfi, ~ 'i'~~t III ~! I I! ':,~"I, Cl:: , ill" 'I' ,~.., is II, <( !~'i i ,,' I ":1' :>:: "2l<:,',1 : ,I Ii Pl1 ~ '~~~\'I \ II I I;~~!!:: .. .. - - m !ii:W'~!:i : IIi a:r H Cii,., ,.,..' , _' "uJilll: ill ~ ~"__7"'~ ";. ',~~ _-, ..,.r-...,"'.,.J1" .. _ _ (j) Iii II!! ~ ~~ .. z o ~ ~ o ~ ffi ~ o ~ ~ W ~ "0 ill ,q DUJ~Ul 5r-"m &l~~tr; n::C1oUJ z ~ (/'J:: :::q..o>W z-''<t:I: <(j~f- "~l:m ~ui~~ ~~o~ < "- ~g:':5 ~~zoc o<(Q - <~t~ ~mm~ ...,.~u.u <"l{!.lOrr:: :!:W.1lU 0:5::3 ~ll:V,lO mW" ~>-::1- ~m"", ~1-fi:Ultii 3~!t:qlf ~ ~~,.. h~ ~Z~ ww~ ~i!, 8!;?l ~g:i z_" ::l?j:J ~dg :i~~ ~(I)~ ll..WT...-c ...J~~o ~g85 ~t::ll-ii :J <( ,.: . ~o(l.-r: __zS; ~ID2~ ..-'It:DU ~~~~ffi ~tnu:s~ ~b~l!d Cl.....Jlll~U ill 13 ffi~~iii wE(lJirlffi~~ [jH:;~f})~~tI) ~~n.wO::~''" wwW>G.. p.. ~~~~fil ~ ~a:~~I-~~ w~ffio~(/'J~ ~n:~~w~5 <cOO[l)IZlf.I o~wir:l-on:: ~!2n::~;.:r:o g~~8~iQ j: w .0:: z::ii U:1 u:i!=t:'"U1:::JoJ: UJ w:tou~ &g~:::JaJ<:(:> g:t;!;j~~E~ 1!:~~lJIM:~g ::l:!iGl~~@u ~:iO~<(U.~OD' , ~ WO'" z ~1:Llf>;:;:o:'~Q "w"l f- 0:: ~ ~ U)UlZ!;: v, (!lWI- ~~Cllot;; b 5~5~5:::b.(!J z ;ig:[(I):t~ffi~ . u .... ;Q :a ~ JJil " . ~""'o"'" " I I~ " i, ~.. I ~ A, D ~ ti ! I~ ~ 'OJ: .'\' ~ ~ g 8" ~~ ~ ~ ~~ ~ . '1 iL c.i z~ -Q .~ ~~ z~ jj29 ::l~1 z~. -~iii C)...e ZO W::~Ul S ~ Z~,~" o~. O~.::: U)~ ~:z Q~iiio -~t!.)- >~ill~ Ceo ~ ~ a!!iE8 WZ', o~ ~: a~; ~~, 'l' , ! !.,. r" o II !I Ii !II 8-:~ ~ " u ~ -' g~ ~ ~~~ -t1...1!:;t~ ~ffi ~rtl<t Jf-~~~ uffi~~f1 t.)t;;Z ~C: ~ o ~ '0''''''_ .......~, ...j..,~......,>m...."",o>,_r.......'''',"'''''''''''_'''''''''''''~ A.genda Item No. 178 December 16, 2008 Page 46 of 46 DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 I. 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 permilled on the site unless an SDP has heen reviewed and approved by County Zoning and Land Devclopment 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 castcrn boundaries. In order to reduce the impact on adjacent propeliies, this crusher shall be elevated or designed hy a celiified Florida engineer in such a way as to reduce the machinery's vibrations. 4. To minimize the effect of noise and windbornc dust on the commercial business to the south, the huck loading area shall bc located in the nortbeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of tbe site at least twice daily to effectively control windbome dust. AdditionaUy, water shaU be applied to the crushed by'product material at aU times that the crusher is in operation. 6. The maximum height of material piles shaU 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 shaU be provided along the site's southern and southwestern houndaries at the interface of ahulling uses. Where this huffer overlaps the .37 acre preserve, Type B minimum plantings shall be maintained at aU 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 hoUl's. Exhibit D