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Ordinance 76-54E3 0 443156 ORDIN~¢CE NO. 76- 54 AN ORDINANCE AMENDING ORDINANCE 76-30 T}IF. COMPREHENSIVZ ZONING REGULATIONS FOR THZ UNINCORPORATED AREA OF THZ COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY BY AMENDING Tile ZONING ATLAS MAP NUMBER 49-27 BY CHANGING THE ZONING DISTRICT FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPF2gNT FOR PROPERTY }IEREZN- AFTER DESCRIBED AND PROVIDING AN EFFEC- TIVE DATE: WIIEPd~AS, Ashland Oil', Inc..' ~?arren Brothers Company Division, petitioner the Board of County Commissioners of Collier County, Florida, to change t. he zoning classification of the real property hereinafter described. NOW, THEREFORE BE IT ORDAINF. D by the Board of County Commissioners of Collier County, Florida SECTION ONE: The zoning classification of the hereinbelow described real property in Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development and is subject to all conditions hereinafter described, and the Official Zoning Atlas Map Number 49-27 is hereby amended accordingly: [EEl 672 DEVELOPHENT PLAN FOR WARREN BROTHERS COHPANY PLANNED UNIT DEVELOPHENT ! I I ! PREPARED BY: SECTION 16 TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY,FLORIDA WILSON, MILLER, BARTON, SOLL & PEEK. INC. PROFESSIOnaL ENGINEERS AND LAND SURVEYORS PROJECT ~10. 12312 MARCH, 1976 NOVEMBER 18, 197~ Approved by C.A.P.C. ItlDEX STATEHENT OF INTENT & COHPLIAUCE LIST OF EXUIBITS PROPERTY O~IIERSHIP AND DESCRIPTION PROJECT OEVELOPHENT TRACT A: It~DUSTRIAL AREA TRACT B: EXCAVATION AREA TRACT C: BUFFER AREA DEVELOPHEUT STANDARDS SECTION I SECT[O[I I! SECTION III SECTION IV SECTION V SECTION VI PAGE I-I 2ol 672 STATEHEtlT OF If;TErIT t. COrlPLI^UCE The purpose of this re-zoning petition Is to provide For the continued utilization of Section 16, Township q9 South, Range 27 East, Collier County, Florida as an earth mineral mining area along wlth the associated processing of those earth minerals and the manufacturing of certain construction materials related to the mined earth mlnerals. Thls property was purchased by Warren Brothers Company In !~6~ and an earth mineral mining operation was started. The then existing Collier County Zoning Regulations permitted such operations as · prlnclpal use within the agricultural district. Subsequent to that date, Warren Brothers was permitted to utilize a center area of approximately 42 acres for offices, equipment storage and maintenance as well as earth mineral processing. Warren 0tethers, In late 1972, requested this center 42 acres be rezoned to Industrial to provide for their exlstlng and planned uses. During the review of that petition on February 22, 1973, the Coastal Area Plann[hg Commission of Collier County suggested that a more appropriate zone For the entire project might be a Planned Unit 0evelopment. The suggested Planned Unit Development zoning and associated development plan will provide a master plan for the development of the entire property. It Is the Intent of this document to Fulfill the suggestion of the Coastal Area Plannlng Commission by Identifying the permitted land uses and the regulations governing such uses. This proposed zoning change vHII comply with the Planning and Development Objectives of Collier County as set forth In the Compreshensive Plan In the Following ways: i) The majority of the property has been and wlll continue to be utilized For mining operations that are comparable with the surrounding agricultural and estate zoning dlstricts. 2) The proposed zoning will not Intensify the use of the land and w~ll not increase the demand on public services. EXHIBIT A EXHIBIT B EXHIBIT C LIST OF EXHIDITS Development Plan Including General Location and Surrounding Land U~e$ and Zonlng Wilson, Hiller, Barton, Soll& Peek, Inc. Drawing File liD. D-P7 Datad: April, 1~76 8oundary Survey Wilson, Hiller, Barton & Soil, Inc. Drawing File t~o. 3GG"3~6 Dated: August, 1970 Aerial Photo Wilson, HI!let, Barton, 5o11 & Peek, Inc. Drawing File f~o. 5E-7 Dated: December, 1975 III 672: SECTION I PROPERTY O~llERSItlP AND DESCRIPTION I.I. PURPOSE The purpose of thls Section Is to delineate the 1ocatlon and o~mershlp of the subJec[ property and to describe the existing conditions of the property proposed to he developed under the project name of WARREN BROTHERS COHPANY PLANNEO UNIT DEVELOPHENT. 1.2. LEGAL DESCRIPTION The subject property Is described as: AIl of Section 16, Tcr~nshlp South, Range 27 East, Collier County, Florida. 1.3. PROPERTY O~NERSNIP The subject property Is owned by Ashland Oil, Inc. of Ashland, Kentucky wh)ch Warren Brothers Company is a division. l.q. GENERAL DESCRIPTION OF PROPERTY AREA A. The general location of the subject property, the current zoning classifications of surrounding properties and nearby land developments are lljustrated by Exhibit 'A'. B. The project site Includes all cf Section 16, Township 49 South, Range 27 East and contains 666.70 acres. The project Is located one mile south of Golden Gate Boulevard and Four milos east of State Road S-~SI. 1.5. PHYSICAL DESCRIPTION The project ts located adjacent to ~ater Management District No. I end most of the area Is within the drainage basin of the Golden Gate Canal. ~ater Management for the proposed project presently uses and shall ultimately use the lake retention method. The soil types identified by the USUA Soil Conservation Service map For the slte are approximately 82~ Pompano Fine Sand; 12~ Arzell Fine Sandl 3) Keri Fine Sand; Cypress Swamp 2~ and I~ Immokalee Fine Sand. There are presently hh acres or lake, and h7~ of the site has been disturbed for mining operations. Principle vegetation Is Slash Pine, Sand Pine, Cabbage Palm, Bald Cypress, Shrubs and grasses. I-I SECTION I I PROJECT DEVELOPMENT 2. I. PURPOSE The purpose of this Sectlon Is to dellneate and generally describe the project plan of development, the respective land uses of the tracts Included In the project, as well as the project criteria For WARREN BROTHERS COIIPANY PLANNEO UNIT DEVELOPMENT, 2.2. GENERAL A. Regulations for development shall be In accordance wfth the contents of this document. B. Unless otherwise noted, the deF)nltlons of all terms shall be the same as the defln;£lons set Forth In "Collier County Zoning Ordinance". 2.3. PROJECT PLAN AND LAND USE TRACTS A. The project plot plan and land use of the various tracts, Is Iljustrated graphically by Exhibit "A", Development Plan. I. Tract A: Industrial Area a2.67 Acres 2. Tract B: Excavation Area 551.82 Acres 3. Tract C: Buffer Area 72.21 Acres Total: 666.70 Acres B. In addition to the varlous areas and spec;Fie Items shown in Exhibit '%", such easements (utility, private, seml-publlc, etc.) shall be established within or along the various Tracts as may be necessary or deemed desirable for the service, function or convenience of the project uses. 2.4. DEVELOPI1ENT SEQUENCE & SCIIEDULE The development of the WARREN BROTHERS COMPANY PLANNED UNIT DEVELOPMENT shall be as follows: A) The industrial area (Tract "A") shall be developed at a rata consistent with tho demand For Facilities and servlces. Several of the permitted uses within the Industrial area are presently existing, such as, processing of Ilmerock, vehicle maintenance shops, etc. 2-1 B) The excavation areashall be mined al: a rate of approximately 1F acres per year whlchshatl result In a total life of the excavation area of From .10 to /~0 years. C) The buffer area shall be replanted wlth tree seedlings as recommended by the Urban Forester at a rate'of approximately 5 acres per year in accordance with Section V of thls document. 2.$. PROJECT APPROVAL REqUIREHENTS Prior to the construction of any additional buildings wlthln the VARREN BROTIfERS COHPANY PLANNED UNIT DEVELOPMENT f~nal building plans as required by the Collier County Building Code shall be submitted to the appropriate CoIIter County governmental agencies for review and approval. The excavation operation and other permitted uses within the excavation area and the buffer area shall not require additional approval by the County agencies and may continue For the duration of the project. All actlvlt~es wlthln the project shall co~nply with other applicable County, State and Federal laws. 2-2 SECTION III TRACT A: INDUSTRIAL AREA 3.1. PURPOSE The purpose of this Section Is to set Forth the plan and regulations for the areas designated on Exhlb)t "A" as Tract A= Industrial Area, ~.2. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, In whole or In part, for other than the Followlng: A. Permitted Principal Uses: I) Contractors equipment storage yard. 2) Portland cement products manufacturing and sales. Processing of earth minerals, related sales and machinery maintenance. 4) Asphaltic concrete manufacturing and sales. 5) Heavy equlpment sales and service. 6) Admln1~tratlve offices and warehousing For 1, 2, 3, q, & 5 above. B. Permitted Accessory Uses and Structures: I) Accessory uses and structures which are Incldental to and customarily associated with uses permitted In thls Section. 2) One moblle home or trailer as the temporary residence of a security guard. 3.3. MINrMUrl LOT REQUIREMENTS Area None Width - None 3.4. MINIMUM YARD REQUIREMENTS Setback from Tract boundary - Fifty (50) feet. 3.5. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES None 3.8. MINIMUH BUILDING SEPARATION Buildings shall be separated a mlnlmum of one-half (I/2) the sum of th~ heights of the structures. 3.7, HAXIHUtl HE,IGHT OF STRUCTURES Slxty-¢lve (65) feet above the finished grade of' the lot. 3.~3. MINIMUM OFFSTREET PARKING Al'ID OFFSTREE,T LOADI~IG RE'CIUIREHENTS As required by Section 18 of the Zoning Ordinance of Collier County. 3.~. HINI~IUH LANDSCAPING RE~UIREHE/~TS Hone 3.10. SIGNS As permitted by Section 20 of the Zo~.lng Ordinance of Collier County, 3'2 672 SECTION IV TRACT B: EXCAVATION AREA 4.1. PURPOSE The purpose of.this Sectlon ls to set Forth the plan and regulations for the areas designated on Exhibit "A" as Tract 8: Excavation Area. 4.2. PERMITTED USES A~ID STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, In whole or In part, for other than the foltowlng; A. Permitted Principal Uses: Mining of earth minerals 2) Mobile Homes as permitted in 4.2.B ~). 3) Wildlife management areas, plant and wildlife conservancles, refuges and sanctuaries. 4) Agricultural activities, such as field crops horticulture, fruit and nut production, forestry, ranching, bee-keeping, poultry and egg production, milk production, animal breeding, raising, training, stabllng or kenneling. 5) Aquaculture and marlculture. 6) Any use clearly Intended as a measure for conservation. The applicant shall have the affirmative burden of establishing such Intent. 7) Wholesale plant nurseries (0RD 75-36). 8) On-slte retell sates of farm produce grown on the premlses(ORD 75-35). Explosives storage for on-site mining operations use only. Permitted Accessory Uses end Structures: I) Accessory uses and structures which are lncldental to and customarily associated with uses permitted in this Section. 2) A moblle home or trailer, used in connection wlth the agrlcultural uses is permitted on a temporary basis only, not to exceed the duration of the agricultural use for which the mobile home is permitted or for three (3) years, whichever shall be the shorter, providing that a permit for such temporary use Is obtained from the Director, and further providing that the applicant is utilizing, for such agriculture] use a tract of ten (lO) acres or more, except that part lying In public road rights-of-way. Such mobile homes or trailers shall not be located closer than one hundred (tOO) feet from any County highway right-of-way. 4-1 Upon tim termination of tho first permlt period, appllcatlon must be flied For an extension of the permit stating the reason For extension and the time required. The Director may extend the permit, on a year to year basis or less, for the development life of the project. Such extension may be made subject to the stipulations of the previous permit or may be amended as determined necessary by the Director. IF the temporary use is not discontinued upon expiration of the permit, It shall be deemed a violation of the Zoning Ordinance and shall be subject to the penaltltles therein, The mobile home must be removed at the termination of the permitted period. 4..1. MIUIMUH LOT AREA None MINIMUIt YARD RE~.UIREMENTS A. Depth of Front Yard - None B. Depth of Side Yard - None C. Depth of Rear Yard None 4.5. MINIMUH LOT WIDTll None 4.6. MINIMUII FLOOR AREA OF STRUCTURES 4.7, None MAXIMUM HEIGHT OF PRINCIPAL STRUCTURE Sixty-five(65) feet above the Flnlshed grade, except for accessory structures. .8. SIGNS As permitted In Sectlon 20 of the Zoning Ordinance of Collier County, Florida. MAXIMUM DEPTH OF EXCAVATIOU Fifty (50) feet measured from the existing ground to the bottom of the excavation. 4-2 6'72 SECTIOI~ V TRACT C: BUFFER AREA 5.1. PURPOSE The purpose of this Section Is to set Forth the plan and regulations for the area deslgnated on Exhibit "A" as Tract C: Buffer Area. 5.2. FUNCTION AND TREATUENT The Buffer Area Is set aside to provide a visual and noise buffer between the Industrial Area, Excavation Area and the adjoining properties. The Buffer Area shall be 150 feet wide Including a road right-of-way 60 feet wide. The Buffer Area except for the roadway, shall be grassed and planted with tree seedlings of the type and at a spacing as recommended by the Collier County Forester. The planting of the Buffer Area shall be accomplished at the rate of approximately five acres per year. Plantings shall occur adjacent to those areas that have been excavated. Plantlng$ shall not be required until the Excavation Area adjacent to the Buffer Area has been cleared for excavation but planting shall begin within one (1) year of such clearing. Where practical, natural vegetation In the Buffer Area shall be retained and may preclude the need for additional seedlings planting. The plan for planting of the Buffer Area shall be developed with and approved by the Collier County Forester within ninety (90) days of final approval of the P.U.O. Zonlng. 5-1 I'li SECTIOI4 VI OEVELOF'I4EI~T STANDARDS 6.1. PURPOSE The purpose of this Section Is to set fnrth the standards for the development of the project. 6,2. GENERAL Ail facilities shall be constructed In strict accordance wlth the Development Plan and all applicable State and Local laws, codes, and regulations. DEVELOP/tENT PLAU A. Exhlhlt "A', Development Plan, 111ustrates the proposed land uses. All necessary easements, dedlcatlons~ or other Instruments shall be granted to Insure the continued operation and maintenance of all service utllltles In the project. 6.4. CLEARINGr GRADING~ EARTHWORK, AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. Off-slte pumping and surface or direct connection to the Golden Gate Canals or any other canals shall be prohibited. 6.5. INTERNAL ROADWAY CONSTRUCTION All Internal roadways within the I[mlts of the %~arren Brothers PUD shall be private roadways and shall be maintained by the owners~ therefore, such roadways need not be designed nor constructed to meet County standards, He.ever, ell roadways shall have a dustless surface not less than 2q feet wlde and shall be kept dust free at all times. 6.6. EASEMENTS FOR UTILITIES Easements For utilities such as power, telephone, and other similar utilities necessary for the service of the project shall be located es required and granted for those purposes. 6.7. SEWAGE DISPOSAL Sewage generated by the project shall be disposed of In septic tanks or as otherwise permitted by the Florida Admlnlstratlve Code, 6-1 iff 6.8. POTABLE WATER SUPPLY The potable water requirements for the project shall be provided by Individual wells or as otherwise permitted by the Florida Admlnlstrative Code. 6.9. SIGUS All signs shall be ]n accordance wlth the appropriate Collier County Ordinance. 6.10. OPERATIO~ OF THE HI/IlflG OPIrRATION Operation of the mining and processing operatlon shall be In accordance with the applicable requirements of the Florida Department of Environmental Regulation and other State and Federal agencies. 6. I I. PUBLIC: ROAD HA~h~TENANCE PROGRAH Since beginning mlnlng operations in 1973, Warren Brothers has maintained Golden Gate Boulevard (6.9 miles between SR $-858, now known as So~$1, and $.~. 5th Street) end $.~. ith Street (!.2 miles between Golden Gate Boulevard and the project site). Warren Brothers shall continue to malntaln the pavement portions of the above described roadways to a condition equal to their condition prior to Warren Brothers 1972 beginning or operations untll such time as the Warren Brothers Planned Unit Development generated traffic as determined by a 7 day traffic count, Is 50t or less of all traffic utilizing these sections of roadway or for a period of 40 years, whichever comes first, 12. GENERAL PROVISIONS The project shall be equlpped to operate and shall operate at all times so that dust shall be reduced by sprinkling or otherwise so as to prevent damage or discomfort to adjacent properties. All uses, equipment and activities in this project shall be constructed, malntalned, operated and conducted in such a manner as to eliminate, as far as oractlcable, noise, vibration or dust which are objectionable, Injurious or annoying to persons living in the vicinity. Overloading of trucks and vehicles, and the spilling of gravel, rocks or sand upon the publlc roads shall be controlled and eliminated as far as possible by the owners. A gate structure shall be constructed at the entrance point of the project site. E. All uses, structures and equlpment used In this project shall be terminated and/or removed from the slte by the owner upon completion of the planned uses. 6-2 Cl ~f~ SECTION TWO: This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: December 7, 1976 ATTEST: · 0{~t~KGARET T. SCOTT, CLERK · ,. '.~_..:...<,, · : .... Depuey'. C~lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LF. GALITY: DONALD A. PICKWORTH, COUNTY ATTORNEY This ordinance filed with ' =he Secretary of State I office the 13th day of December, 1976 and acknowledgment of that filin8 received this 20th day of December, 1976. ~epUey Clerk I AGRI C UL T'U,eAI. ES I"A TE DIS I'/e/CF' OWNER. ,45HLAND OIL, /NC, 1401 WINCHESTE/~ ,AVE ~SHLA/VD , KENTUCKY 41101 £XHIBI T A OATE: BK.: I~l.: I~ROJECT NO. 12233 WAI;?.REN B~O THEt~S COMPANY DEVELOPMENT PLAN INCLUO lNG ~'~ GEN£1~,,~L LOCATION AND ~URROUNOI~ LA~US~ ~NO ZONIM~ coLLIER COUNTY , ~'"-'' "WI~sON "'MILLER. BARTON. SOLE a PEE~,,/ING.: ENGINEERS. PLANNERS'& ~ND SURVEYORS. "- REFERENCE: .~ .?, ~!