Resolution 1993-138
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MARCH 30, 111113
RESOLUTION 93--1]8
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A PORTABLE ASPHALTIC CONCRETE BATCH PLANT
CONDITIONAL USE IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.2.2.3.14
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH,
HANGE 26 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 a.nd
enforce zoning and such business regulations as are necessary for
t~e protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) 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, 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 County, Florida that:
The petition filed by Joseph D. Bonness III of Better Roads,
Inc., representing Joseph D. Bonness III as Trustee for the willow
Run Land Trust, with respect to the property hereinafter described
as:
Exhibit "A" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use fl14tt of the
Rural Agricultural (A) zoning district for a portable asphaltic
concrete batch plant in accordance with the Conceptual Master Plan
(Exhibit "B") and subject to the following conditions:
a. This project shall be subject to all of the stipulations
associated with Collier County Resolution No. 89-7 and
Collier County Resolution No. 88-31 with the exception
or Stipulation t1q." and Stipulation "t.ft which are
revised to read as follows:
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MARCH 30, 111113
stipulation "q.1I - This Conditional Use shall expire
five (5) years after the effective date of approval of
this Conditional Use or upon expiration of the
excavation permit or any other required permit,
whichever occurs first. The Conditional Use may be
renewed following the same procedure as outlined in
section 2.7.4 of the Collier County Land Development
Code. The fee requirements shall be waived for this
re-application.
Stipulation IIt.1I - The Petitioner shall limit the
asphalt batch plant operations to daylight hours only,
unless otherwise approved by the County Manager or his
designee.
b. The Current Planning Manager, may approve minor changes
in the location, siting, or height of buildings,
structures and improvements authorized by the
conditional use. Expansion of the uses identified and
approved within this conditional use application, or
major changes to the site plan submitted as part of this
application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan
Review and Approval, of the Collier County Land
Development Code, Ordinance 91-102.
c. All above ground tanks exceeding a volume of 250 gallons
per tank shall be brought into compliance and registered
(if required) with the Collier County Pollution Control
Department and the Florida Department of Environmental
Regulation within six (6) months of approval of ~his
petition.
d. The containmemt area for the above ground tanks shall be
upgraded to address conditions specified in Section
4.2.1 of the Groundwater Protection Ordinance (Ordinance
No. 91-103) within six (6) months of approval of this
petition.
e. Proof of all appropriate tank registrations (subject to
Florida Administrative Code 17-762) and that the diesel
fuel storage tank has been brought into compliance with
regards to secondary containment (subject to Ordinance
No. 91-103) shall be provided to the Collier County
Pollution Control Department within 30 days of approval
of this petition.
f. Road impact fees in the amount of $17,094.07 shall be
assessed for this use in accordance with Ordinance No.
92-22 and shall be paid within thirty (30) days of
approval of this petition. However, if the Petitioner
provides evidence of payment of prior road impact fees,
the newly computed road impact fees may be reduced by
the amount of any such prior payments.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
commissioner
Volpe
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
-O~0l.d.3-/3
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MAIlCH 30, 111113
Matthews
and upon roll call, the vote was:
AYES: Commissioner Volpe, Commissioner Matthews, Ccmmissioner Norris,
Commissioner Constantine and Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of March
, 1993.
30th
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i..TTEST: '. <" <
~l'I~HT E.. BROC~, CLERK
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<c' AP"ROvEPi~'S'\~ FORM AND
. .:~,~,:~I:aEGAL' SUFFICIENCY:
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:M$
BORT L. SAUNDERS, CHAIRMAN
'/"ho, . ~" ~ _ ~ fJh I '" ,d:.
HARJO E M. TUDENT
ASSISTANT COUNTY ATTORNEY
PU-87-22C (ADDITIONAL REVIEW)
nb/9958
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EXHIBIT "A" DEED
Parcell - S1/2 of 51/2 of Nw1/4 of SW1/4, Section 11, Township 50
South, Range 26 Eaat, Collier County, Plorida.
10! acres
Parcel 2 - NEl/4 of SWl/4, and NW1/4 of SE1/4, Section 11, Township
50 South, Range 26 East, Collier County, Plorida.
ao! acr..
Parcel 3 - NE 1/4 of SEl/4, Section 11. Township 50 South, Range 26
East, Collier County, Plorlda~
40.:!:, acres
Parcel 4 - SEi/4 of SW1/4, and SWI/4 of SEI/4, and SE1/4 ot SE1/4,
Section 11, TownShip 50 South, Range 26 East, Collier
County, Florida.
120.:!:, acres
ParcelS - Wl/2 of SW1/4, Section 12, Township 50 South, Range 26
East, Collier County, Florida.'
BO.!:. acres
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