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Resolution 1988-031 JANUARY 26, 1988 RESOLUTION 8 &- .1l.. RELATING TO PETITION NO. PU-87-22C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COU~-ry. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapters 67-1246 and 125. Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such bU81~ess regulations 8S are necessary for the protection of the public; and WHEREAS, The County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations .for the zoning of particular geographic divisions of the County. among which 1s the granting of provisional uses; and WHEREAS, the Collier County Planning Commission, 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 Provisional Use "0" of the A-2 zone for the property hereinafter described. and has found a8 a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13 - Id of the Zoning Regulations for the Collier County Planning Commission; and WHEREAS, all intere.ted partie. have been given opportunity to b. heard by this Board in 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 of Thomas E. Kuck, representing Highway Pavers, Inc., with respect to the property hereinafter described as: See Attached Legal Description (Attachment "BII) be and the same 1s hereby approved for Provisional Use "0" of the A-2 zoning district for a Portable Asphaltic Concrete Batch Plant subject to the following conditions: Se. Attached Agreement Sheet (Attachment tiC") ;~~ 111 .,,~ 156 lOO~ l11wd57 of this Board. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes JANUARY 26, 1988 Commissioner r..rvv1night- and moved its adoption, seconded by Commissioner Pister and upon roll call. the vote vas: offered the foregoing resolution AYES: ~ssioners Goodnight, Pister, Hasse, Saunders and Glass NAYS: None ABSENT AND NOT VOTING: I'hne ABSTENTION: None Done this /hrh day of '" ~'-., " j.TTEST" " JAMES ,C: .m;LES. CLERK By'~- ',J;L~ VU9J..I\: ~"(,bgr~ ~ Deputy Clerk PP OVED AS'TO FORM & LEGAL SUFFICIENCY: ,-,. -. : " 1IIIIIr7-22C/reSolutton/pavera - l::lnn",":}, . 19B e. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ~oZ--~ ARNOLD LEE GLASS. CHAIRMAN - - - - JANUARY 26, 1988 --~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-87-22C The follOwing facts are found: 1. Section 7.9 b. 3) (0) provisional us~. of the Zoning Ordinance authorized the 2. Granting the provisional use vi!1 not adversely affect the public interest and viII not adversely affect other property or US8s in the same district or neighborhood because of: A. General compliance with the Comprehensive Plan: Complies wi~~omprehenBive Plan Ye8~ No_ B. Ingress and ftgress to property and proposed structures thereon with particular reference to automotive and pedestrian ssfety and convenience, traffic flow and control. and access in case of fire or catastrophe: Adequate,~re88 & egress Yea..6- No_ C. Affects neighboring properties in relation to noise, glare, ~~nomic or odor effects: ~ No affect or Affect mitigated by ~ AIf;Ct cannot be mitigated D. General compatibility with adjacent properties and other property in the district: Compatible~e within district YeB~ No_ Based on the above findings, this provisional stipulations, (copy attached) <..},,,,,1" ..."to) be '/1/W I DATE: Chairman: FINDING OF FACT FORM laDII 111 r." 158 .c:J ,-t~ lOOK 111 m! 159 JANUARY 26, 1988 OT rEK OATEL2/.If)jL!P SI ECT A ~'f.,~~T .'.6'. _ SHEET NO.~OF-L- CHICO. BY_OATE_ ~ _ _~___ JOB NO. W// /(')W /<,///0/ q//AR'RV' ~ ()) ~ ~ 1 ~ Acces" seCTION II Ttt.e Northeast 1/4 of the SOuth....e.st 1/4 and the Northwest 1/4 of thg Southeast 1/4 of Section II, TovnBhip 50 South, Range 26 East, Collier County Florida containing ~ acres IOOre or less. - - "frlV \-/ .~ - -"-'"~-'~~".'~"_'."""'._"."''-''-'''''''''''''''''''''''_.'-_.''"~''---~~~_._,-, I' '. JANUARY 26, 1988 AGREEllENT I, Thomas E. Kuck, 8S owner or authorized agent for Petition PU-8i-22C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on December 17. 1987. 8. Native species shall be utilized. where available, to the maximum extent possible in the site landscaping design. A landscaping plaD will be submitted to the Natural Resources Management Department and the Community Development Division for their review and Bubject to their approval. This plaD will depict the incorporation of nattve species and their mix with other species, if any. The goal of site landscaping shall be the te-creation of Dative vegetation sDd habitat characteristics lost on the site during construction or due to past activities. b. If. during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact. or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to aBBess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to prov~de only a minimal interruption to sny constructional actJ...v1tiea. c. The petitioner shall submit for review and approval of NRMD, a plrJO for yearly monitoring of groundwater, lake water, and lire sediment, for possible petro-chemical contaminants. d. The asphalt production area shall be surrounded by a dry retention area, with an impervious layer. of sufficient volume to contain the total amount of petro-chemicals that may be stored on site 1n addition to run-off caused by a catastrophic 100 year storm event. e. The proposed facility shall be subject to Florida Administrative Code 1761.06. which provides guidelines for the storage of petro-cheoicala in stationary tanks. This 1s proposed as a precaution against possible groundwater contamination in adjacent surface water areas and nearby soils of high permeability and transmissivity. "ATTACHMENT e" mK 111f~c! 160 ::, '---_._----~._------..~-_._-_._,-,_.-,.. IDOl llh~! 161 JANUARY 26, 1988 f. Plan shall be submitted to CCPHU for review of sewage disposal and water supply. g. To protect the ground water from contaminants the site may use or generate J the ESPCD suggests t:lat the septic tank be used only for domestic WAste. h. Detll1ed site drainage plaDs for the proposed asphalt plant facjl1ty ehall b. lubmitted to the County Engineer for review. No r;onatruction permits shall be issued unless and until aprroval of the proposed construction 1n accordance with the Bl"".Jmitted plans 1s granted by the County Engineer and upon ~eceipt of the S.F.W.M.D. approved modification to the surface water permit for Willow Run. 1. The operatlooshall be subject to Ordinaoce 85-55. and since the land use is Dot identified under the development type in the ordinance, a traffic impact statement shall be submitted. approved, and applicable road impact fees paid prior to the issuance of a development order or building permit for the proposed use. J. An approved provisional use permit for earth mining with a minimum size of 80 acres. k. A valid County commercial excavation permit. 1. All County, State and Federal standards of performance for Portable Asphaltic Concrete batch plants or Portable Portland Cement Concrete batch plants shall be met. m. There shall be a height limitation of sixty (60) feet for the plant ~nc ninety (90) feet for material storage sllos. o. A site development plan meeting the requirements of Section 10.5 of the Zoning Ordinance shall be submitted at the time of build~,l:.g permit application. o. Limitations may be placed on the hours of operation to protect the integrity of adjOining land uses where conditions warrant. p. The provisional use parcel for a Portable Asphaltic Concrete plant or Portable Portland Cement Concrete plant shall have a minimum setback of five hundred (500) feet from the boundary line of the earth mining provisional use site. q. Any such provisional use granted hereunder shall expire five (5) years after the effective date of approval of the provisional use or upon expiration of the excavation permit or 2 ..-- - OF SEAL - - JANUARY 26, 1988 any oth~r T.pquir_A ~~rmlt whichever occurs firfit. The prov~sional use may be renewed following the same procedure 8S out~ined in Section 13.1. of the Zoning Ordinance 82-2. The fee requirements will be waived for this re-appllc8tlon. r. AIL petroleum related products shall be stored above ground ard located in a diked impervious cell to safeguard against .,ertieal and horizontal ground contamination. s. The source of the majority of the -raw materials used in the batch plant shall be the excavation site at which the plant is located as it is the intent of this provisional use that the plant function as an accessory use to on-site excavation. t. The Petitioner shall limit the asphalt batch plant operations to only de; light hours.. <.'-':....... .t- This provisional use I s approval is subj ect to the BC.C .', ,.' {'~ ~ approving the related zoning ordinance amendment (ZO~a7-18t)l :J ~, ~ i?-} " .., .1 u. '" ~~.1 ~~ '. t. :. ~. : SWORN TO AND SUBSCRIBED BEFORE ME THIS 0(>- YW cv(t \lfIcl'\ DAY , 1988. C1 L--6.J k. '-1Y\ o./v-t'c.:,..J NOTARY T:~:')'?:',:..l':::~:" ,:,~_:;, t:~~.'~ ,'.;, :'; '" ::,;"l~ :i: 1~ '1 '.' MY CO~ISSION EXPIRES: PU-87-22C Agreement Sheet 3 BOOK 111 PA'1162 ~