Resolution 1998-039
1381
RESOLUTION NO. 98--1L
;.. ?ESOLUTION AMEHDING RESOLUTION 93-138 fOR
THE PURPOSE OF DELETING THE STIPULATION
PLACIllG A fIVE (')) YEAR EXPIP.ATIOtI 011 A
:~J:jDI7 r01l1..L USE FOR AN ASPHALTIC CONr::RETE
8r,TCH PLr~tlT unLESS OTHERWISE EXTENDED BY
....:T~OII OF THE BOARD OF ZONING APPEALS AND
srjBSTITUTIlIG THE STIPULATION WITH A
?EQI.Jrp.Er~EIIT TO ALLOW THE CONTINUED USE OF
.:'.:?Efo.LT fo.[ID CONCRETE BATCH PLANT FACILITIES
f1P A PERIOD OF TIME EQUAL TO THAT OF THE
:.;'.?7H :-IIllHlG N:'fIVITIES, rOR PROPERTY
;"O':"'.TED IN SECTION 11, 12, 1'3 AND 14,
-;-:',i:j3HI? so SOUTH, RAHGE 26 E.r..ST, COLLIER
-:"'/;:::"{, :I.")P;D~..
WHEREAS, t~e Legislature of th~ Stat~ of Florida 1n Chapter 67-1246,
Laws of Florij~, and Ch~pt~r 125, Flori~a St~~ut~s, has ~onferred on all
counties in florirl~ the power to establish, coordinate and enforce zoning
and such business re~ulations as are necessary for the protection of the
p'lb~:.c; ard
i~HE?E:AS, the County !u:suant thereto has adopted a Land Deve10pment
Code (Ordinance Ho. 91-102) which includes a Comprehensive Zoning
Ordinance establishing regulations for the zoning of particular
geographic division of the County, among which is the granting of
Conditional Uses, and placing conditions thereon; and
WHE:REAS, pursuant to those authorizations the Board of Zoning
AFpeals dd~pteu Resolution j~-138 which approved a conditional use for an
i\sphalLc Concrete Batch Plar.t in the (A) Ru:-al Agricultural zoning
district subject to the pr0v.sions of Stipulation "q" contained within
Stipulation "aN of said Relolution which placed a five (5) year
limitation on the operaticn of said conditional use unless renewed by
a~tion of the Board of 22n1ng Appeals; and
WHEREAS, all interestej parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
c~~sidered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
~cllier ~ounty, r:crida, that:
The Fetition filed by Joseph D. Bonness III of Better Roads, Inc.,
=epresent~ng Joseph D. BonneS5 III as Trustee for the Willow Run Land
Trust, requesti.n~ an extension of time for operating said conditional use
1381
by a period of time equal to that of ~ssociated earth mining conditional
use approvals be approved subject further to the following conditions:
1. This project remains subject to all of the stipulations
associated with Collier County Resolution No. 93-138,
Resolution No. 89-7, and Reso~ution No. 88-31, with the
exception that Stipulation "q" is hereby deleted and
replaced as follows:
a. Stipulation "q": This Conditional Use may remain
in effect for as long a period of time as is
required by associated earth mining activities
including those approved by Resolution 97-393
except that the total land area of all associated
earth mining conditional uses shall not be diminished
in area by conveyance to another owner/entity other
than to a land trust for the perpetual reservation of
preserve areas or until such time as the operation
of the Asphaltic Concrete Batch Plant ceases and is
removed from the subject land.
BE IT RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopt~d after motion, second and majority vote.
Done this
/0 .(;;;.i.,
day of _~
, 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD or ZONING APPEALS
COLLIER COUNTY, FLORIDA
J,: Y~L---.d# ~ td a..
~~'
BA AR B. BE Y, ha~n
Sufficiency:
Approved as to form and Legal
"r~~Lti... "y)\. "::l.t-~._.
Marjo' ie M. Student
As~istant County A~torney
r/ron/r~.olut'on