April 08, 2024 Ms. Jessica Kluttz Davidson Engineering 4365 Radio RD, Unit 201 Naples, FL. 34104 RE: CU-PL20230012599 - Naples Excavating Ms. Kluttz, The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied.
The following comments need to be addressed as noted:
Rejected Review: Comprehensive Planning Review Reviewed By: Jessica Malloy Email: Jessica.Malloy@colliercountyfl.gov Phone #: (239) 252-2373
Correction Comment 1: The site exists within the City of Naples Coastal Ridge Wellfield. Please revise the narrative to demonstrate consistency with all applicable policies, specifically Policies 3.1.4.2.a. through j. and 3.1.4.3. of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan.
Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone #: (239) 252-2475
Correction Comment 1: Type C buffers require 2 rows of staggered trees. The concept plan only shows 10' of the 20' buffer along the West unencumbered by the maintenance easement. This will likely result in 1 of the 2 rows of trees in the maintenance easement. Please revise as necessary so that the buffer plantings can be located outside of the maintenance and drainage easements. Rev. 2: Since the plans don't show adequate LBE outside of the maintenance easement for the plantings, a letter of agreement for the plantings will be required. The recorded drainage easement document indicates that this easement was granted to Collier County. You will need to reach out to Beth Johnsson at Collier County Stormwater Planning. If they are not able to provide authorization, the plantings will need to be removed from the easement and the SIP landscape plans will need to be revised accordingly and included in the next submittal for that PL#. Since this is an SIP the requirements just need to be met to the greatest extent practical.
Rejected Review: Zoning Review Reviewed By: Eric Ortman Email: Eric.Ortman@colliercountyfl.gov Phone #: (239) 252-1032
Rev 3 – General Comment 1 - Per Mike Bosi, any deviations sought though a LDBPA require a separate variance petition. Rev 3 – General Comment 2 - If approved, the CU will be conditioned on obtaining all required permits. Rev 3 – General Comment 3 - Res. 08-373 and 1995 zoning reference Res. 08-73 involves an industrial zoned property that is surrounded on all four sides by other industrial properties, whereas the current petition abuts a residential use on its western side. This is not a comparison of two equal properties. The reference to 1995 does not include the magnitude of change that has occurred in the County in the last 30 years and that what was appropriate then may no longer be appropriate. Too, the proposed is not a permitted use but a conditional use. Rev 3 – General Comment 4 – Noise Ordinance – While principal planners do not have the authority to interpret the code, the proposed use is similar enough to construction activities that it will likely be subject to various sections of the Noise Ordinance some of which are listed below. This sections may impact the hours of operation of the proposed use. §54-87.A which exempts permitted construction operations from the noise ordinance provided that “all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment in use and in proper operating condition.” § Sec 54-92.f.2 Construction Sounds a. Any construction activities and site preparation activities including but not limited to land clearing and grading, excavation, and vegetation removal, authorized or permitted pursuant to the provisions of this Code shall occur only during the following hours: 6:30 a.m. to 7:00 p.m., Monday through Saturday. No construction activity or site preparation activity is permitted on Sundays or on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. § Sec. 54-93. - Noise violations that do not require use of testing equipment C. Taking into account the time of day, day of the week, and the unmeasured Ambient Noise at the noise affected site, the following Noises are a violation of this Ordinance without use of testing equipment provided such Noise, based upon observation by listening by an enforcement officer and a complainant at the noise affected site, is clearly: 1) Unreasonably loud, raucous or jarring: (is clearly annoying or clearly disturbing to any individual of normal sensibilities at such site); or (2) A nuisance: (without reasonable justification is unreasonably interfering with the peace and quiet of any individual of normal sensibilities at such site). The proposed use will likely not be eligible for the following exemption which will likely impact hours of operation. § Sec 54-87 M. Exception for existing operations. An exception to the Sound Level limits contained in Section Six, Table I, shall be permitted where a commercial use or other non-residential use had in prior years established its place of business in an area away from a residential use, and through subsequent development or rezoning, now finds itself adjoining a Residential Zone. In these instances, the Sound Level limits in Table I pertaining to the previously existing zoning or use category shall apply, and the commercial use or other nonresidential use shall not be required to meet those Sound Level limits pertaining to residential zoning or use.
Review 3 Correction Comment 1 – Concept Plan The concept plan shows a refuse pile with a 100-foot diameter at the bottom. Will the construction debris and yard debris be kept in separate piles? How high will each pile be? The piles cannot exceed the 50-foot maximum allowed height for a structure in the I zone. How long will the debris piles remain? How will odors emanating from the piles, particularly yard debris, be managed? Height may become another issue of compatibility. Review 3 Correction Comment 2 – Concept Plan Debris piles are not allowed within the setback. Please adjust concept plan accordingly. Rev 3 – Correction Comment 3 – Wall Requirement – Concept Plan Proposed use is a conditional use. 5.03.02.H requires a wall between industrial and residential property but a fence with plantings is being proposed. Review 3 Correction Comment 4 – Inputs to Proposed Recycling Business Without explicit details on what the inputs are going to be, several departments, including zoning, pollution control, and environmental review, are not going to able to recommend approval of this project. Reservations are broadly focused on the four issues below. Concrete – How will concrete be recycled? Will it involve crushing it into smaller pieces? How is any rebar or metal meshing to be separated from the concrete? Toxic/Hazardous Materials/Waste – Construction debris will often include materials/fluids in varying quantities and degrees of toxicity or levels of toxicity. Will the debris include appliances, air handlers, or other fluids such as paint that are often kept in a house and may or may not be removed prior to demolition? How will any toxic materials be separated from the waste stream and be safely and appropriately disposed of to protect public health and safety and the safety of the groundwater/wellfields? Yard Debris – The application seems to have two types of yard debris. The County considers yard debris to be a byproduct of landscaping and/or land clearing containing only organic material. Ancillary soil/dirt/rock resulting from machinery scraping the ground in the process of collecting construction debris is considered construction debris. Staff needs to know the quantity of yard debris, using the above general definition, and if any other material is proposed to be included with the yard debris. Construction Debris – Will the construction debris be from sources other than residential buildings such as commercial or industrial buildings? Will hazardous materials, including freon or freon replacement in air handlers, paints etc. left behind by the last homeowner be removed prior to demolition. If the buildings are commercial or industrial buildings what steps will be taken to remove toxic/hazardous materials/waste prior to demolition? Review 3 Correction Comment 5 – Noise, glare, and odors The response that mitigating factors are built into the machine is inadequate. No data or noise analysis has been provided on the decibel output of the machine throughout its range of functions. Please provide such data on the decibel levels of the proposed machine throughout its full range of functions. Depending on the levels, a sound study may be needed to demonstrate the degree of noise diminution as ones gets farther away from the machine. Please provide data on how much dust is captured by the machine and how much dust is released into the surrounding air. The work performed under SICs 1611-1629 and 1795 is performed off site with the industrial siting being for a yard and offices. Manufacturing of SIC in the 3200s and 3900s occurs indoors where sound can be mitigated. The proposed use is to be outdoors.