Resolution 2004-004
RESOLUTION NO. 2004- ~
l?B
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF ZONING APPEALS PROVIDING FOR THE
CONFIRMATION OF THE PRIOR ESTABLISHMENT
OF CONDITIONAL USE "I" IN "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
TOGETHER WITH THE MODIFICATION OF THE
STIPULATIONS GOVERNING THE OPERATION OF
THE EARTHMINING FACILITY LOCATED IN
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 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 and enforce zoning and such business regulations as are necessary
for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102, as amended) 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, on September 22, 1998, the Board of Zoning Appeals of Collier
County, Florida, approved Resolution Number 98-395 which established an earthmining
facility conditional use (Conditional Use "1" of Section 2.2.2.3 in Rural Agricultural "A"
Zone of the Land Development Code); and
WHEREAS, Paragraph "b" of Exhibit "D" of said Resolution provides as follows:
The conditional use approval shall be reviewed at the end of five years to
determine whether additional stipulations or mitigation are necessary to
insure compatibility with other properties in the area and to assure public
health, safety and welfare is adequately addressed. Development Services
staff will use the following standards in their review and, in the event of
the inability of Development Services and applicant to agree upon
additional stipulations or mitigation, the matter will be referred to the
Board of Zoning Appeals using the Land Development Code procedural
requirement for appeals.
WHEREAS, Resolution Number 98-395, as recorded, remains in full force and
effect; and
WHEREAS, the Board of Zoning Appeals has conducted the review of the
earthmining activity as required by the Resolution; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters
presented.
CUR-2003-AR-3776
1-2
.,;'
178 ..~~
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition, CUR-2003-AR-3776, filed by Jeff L. Davidson, DAVIDSON
ENGINEERING, INC., representing, Joseph D. Bonness of Southern Sand and Stone,
Inc., with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein be
hereby
confirmed as Conditional Use "I" ofLDC Section 2.2.2.3 of the "A" Zoning District for
earthmining and be permitted to continue operations as stipulated herein in accordance
with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions:
Exhibit "E" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and majority vote.
Don"h" IJ day of Oc ,,-- '1" .2004.
t7
BOARD OF ZONING APPEALS
COLLIER OUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
. ~ ~.~ r, '.
~
.~est~as to~afMlan I
H.!1f1lJt r.t Of! 11/
. APOHwed as toF orm
and Legal Sufficiency:
Wt~
Patrick G. White
Assistant County Attorney
CUR-2003-AR-3776
2-2
178
SEP 2 2 1991
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-12
The following facts are found:
1. Section 2.2.2.3.1 of the Land Development Code ~uthorized .
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:,
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects: .
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE:
CHAIRMAN :
f/CU-98-12 PINDING OF PACT CHAIRMANI
EXHIBIT "A"
Legal Description.
178
SEP ? 2 199
Section 16, Township 48 South, Range 28 East, less the south 50 feet Road'
ROW., Collier County, Florida. '
EXHIBIT "BII
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AGIU;EMENT .; 1 Z B
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I, Jeff L. Davidso.n, as authorized agent for Petition CU-98-12, agree to the following
stipulations requested by the Collier County ~l~g Commi'ssion in their public hearing on
\ I '.. I I .
September 3, 1998. .', '. .
Planning Services:
,
a. Thc CurIent Planning Manager may approve rirl~or changes in the 10catiQn, siting,
or height of buildings, structures, and improvements authorized by the conditional
usc. 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). ,
b. The conditional use approval shall be reviewed at the end oHive years to determine
whether additional stipulations or mitigation are necessary to insure compatibility
with other properties in the area and t~ assure public health, safety and welfare 'is
adequately addressed. Development Services staffwill use the following standards
in their review and, in the event of the' 'inability of Development Services and
applicant to agree upon additional stipulations or mitigation, the matter will be
referred. to the Board of Zoning Appeal~ using the Land Development Code
procedural requirement for appeals. The standards for review are:
1. At least six months prior to the fifth anniversary of the Board of Zoning
Appeals approvals, applicant shall submit a noise study acceptable to
Development Services staff to . determine whether additional benning,
landscape or buffers are necessary to insure compatibility with adjacent
residential structures.
2. At least six months prior to the :fifth anniversary of this approval, applicant
will submit to Development Services a Traffic Study conducted in a manner
approved by County Transportation Department that assesses the level of
service on County Road 858, the project's impact on County Road 858, and
any mitigation needed to address this project's impacts on automotive and
pedestrian safety along the section of County Road 858 from the project
entrance on CR 858 to the intersection ofCR 858 and CR 846. Additional
mitigative measures that may be required include:
EXHIBIT "011.
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1'( Ij
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~tt' "t. ~ 1998
(a) Project contribution (on a proportional share basis) to add
silmalization or turn lanes for other public roads or for institutional I
uses accesses. on County Road 858 west of the project.
(b) Limitation of the number of haul trips from the projcctto a maximum
of 175 per 24-hour period. I
(c) Changes in days or hours of operation but no less than 60 hours of
operation per week (Stipulation I) to les~n project traffic interface
with school or other traffic on CR 858 dr other impacted. County ,
roads.
(d) Contribution of its proportionate share costs for any additional
sidewalks needed in the vicinity of any institutional uses located on
County Road 858.
-t ee)
Mitigation of abnormal wear or tear caused by this project's use of
County Road 858 west of its entrance that are not'addressed by the
payment of impact fees.
3. Develop,ment Services Department may require additional studies or reports
to demOIistrate that there are no adverse environmental impacts resulting
from operations of Winchester Lakes. .
c.
The petitioner shall remove all exotic vegetation on site as listed in the LDC 3.9.6.4.1
prior to any excavation activities on site. Subsequent annual exotic removal (in
perpetuity) shall be the responsibility of the property owner.
d.
Turn lanes shall be required, both eastbOund and w~bound, on CR 858 at the
project entrance.
e.
The petitioner shall be responsible for the maintenance ofthC turn lanes for the life
of the project Failure to properly maintain the pavement shoulders, signage, and
pavement markings shall be cause for revocation of the CD permit
A condition survey ofCR 858 from its intersection with CR 846 shall be performed
by the Road and Bridge Section prior to the start of any activity on this site. The
results of tbat survey shall be used as a baseline for future maintenance of the
roadway.
g.
The petitioner shall post a maintenance bond in the amount of $100,000.00 for the
life of the project. This bond shall be used for the maintenance of CR 858 damages
EXHIBIT "0"
2
178
above nonnal wear and tear caused by this prOject
SEP 2 2 1998
h. A :traffic routing plan shall be submitted to ,the County for review and approval prior
to the start of any earth rn.i~g activitY on the site. A copy of this plan shall be
forwarQed to the Collier County Board' of Public Schools.
i. Hours of operation shall be 7 a.m. to 7 p.m. Monday through Friday; no excavation
or hauling operation shall be allowed on Saturday or Sunday, except in instances
where contracts for "public" jobs dic~te otherwise.
j. Any blasting shall require a pennit from Planning Services and shall comply with
Collier County Blasting Ordinance.
k. The appliCants shall install a benn not less than six feet in height along the property
lines adjacent to the Estates zoned properties as each phase is initiated.
1. The excavation shall be limited to a lowest pOssible bottom elevation of 2S feet
below existing grade unless a pennit modification is applied for through the EAB and
the BCC and shall be no shallower than. I 0 feet below existing grade.
m., Prior to any site ,improvement proposed in relation to this excavation or clearing, the
owner shall contact the USACOE and SFWMD to detennine if wetland permitting
is needed. If so, all agency permits shall be obtained, prior to the commencement of
any site improvements.
State of Florida
County of Collier
The I foregoing Agreement Sheet was acknowledged before, ,me' this I f day of
SEPT€J\.\bER.... 1998, by ::J~~f.'(l. VA"I\)~ ,J. who is personally known to me or who has
produced f:% L bR IV~ c; LI <;Eej'~as identification and who did (did not) take an oath.
~(Y\CP~
(Signature of Notary Public)
NOTARY PUBLIC
Commission # Cc Co 1 Co ~l ~
My Commission Expires: q -d. - 0 I
EXHIBIT "Dn
3
.~ TRISHA~
W MY ~ 'CCli78l7l
, EXPIIlES: .... 2. 3lD1
. ......11IlI...., ""*......
1 7 B . SEP 2 2 1998
--1fU;LtuM~
REPRESENTATIVE FOR cepe'
State of Florida
County of Collier
The foregoing Agreement Sheet w~ acknowledged before' me this /7tl2' day of'
S6'f'1i:;n r~r , 1998, by Ji1 ,'Ch4e I Da...lls . who is personally known tg me or who hu
produced as identification and who did (did not) take'an oath.
...
EXPID: Apla.lIIIlD
.......1IiII..., NIII..... ..
NOTARY PUBLIC
Commission #
My Commission Expires:'
EXfllBIT "0"
4
,1.7B
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,
SUPPLEMENTAL COr,IDITIONS
CUR-2003-AR-3776 ,
RESOLUTION 98-395 '
1. Item (b) CU-98-l2 shall be amended to require a re-reviewed on a 5-year cycle
from the anniversary date of its approval until the earth mining <?peration is
completed, .
2. Item (g) CU-98-12 shall be amended to require a $500,000.00 maintenance bond
shall be maintained for the life of this project, .
3. Item (k) CU-98-12 shall be amended to require a berm to be installed and
maintained of not less than ten feet in height along the property lines adjacent to
the Estates zoned properties,
4. These modifications shall be incorporated within the original Conditions of
Approval attached to CU-98-12, and shall be make,part .ofthe official r~cord. .
EXIllBIT "E"