Resolution 2003-153
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RESOLUTION NO. 03--12.L
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E"
ESTATES ZONING DISTRICT PURSUANT TO SECTION
2.2.3.3, OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 21,
TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature ofthe 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, 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 Conditional Use "7" of Section 2.2.3.3 in an "E" Estates Zone for a lake excavation on
the property hereinafter described, and has found as a matter of fact, Exhibit "A", that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; 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, identified as CU-2002-AR-2866, filed by Mario Valle, of Creative Homes
ofSWFL, Inc., with respect to the property hereinafter described:
Tract 73, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5, Page 89, of the
Official Records of Collier County, Florida,
be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3. of the "E"
Estates Zoning District for lake excavation in accordance with the Conceptual Master Plan,
Exhibit "B", and subject to the conditions shown in Exhibit "C." All exhibits are attached hereto
and incorporated by reference herein.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Done this
This Resolution adopted after motion, second and majority vote.
.:f).2 day of ~
ATTEST:
DWIGHT E. BROCK, Clerk
4: ~b'ill~ 0C!-
Att,stas to thi~'1
sloria~ur~ only. ':,
Approved as to. Fotfu. and
Legal Sufficiency;'
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
CU-2002-AR-2866IMB/lo
,2003.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Findings of Fact
Conceptual Master Plan
Conditions for approval
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178
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2866
The following facts are found:
1. Section 2.2.3.3.7. of the Land Development Code authorized 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:
178
EXHIBITB
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'--' -. I Z39-4!S6-T77Z FA)(, Z39-4!S6-7S1!5
RZ SElF. INC. J
, LAKe PROJeCT 0055 ,~~::;-:: I
CONDITIONS OF APPROVAL
CU.2002.AR.2866
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This approval is conditioned upon the following stipulations:
1. 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).
2. Pursuant to Section 2.2.25.8.1 of the Land Development Code. if, during the course of site clearing,
excavation, or other construction related activity, an historic or archeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be immediately stopped, and
the Collier County Code Enforcement Director shall be contacted.
3. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development
Code.
4. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit
5. Blasting shall not be allowed.
6. The excavation will be limited to a bottom elevation of 20 feet below original grade.
7. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning
Services Section Staff for review and approval prior to any excavation work beginning on the site.
8. The applicant must obtain a clearing permit prior to anyon-site clearing.
9. The owner(s) of the project sitelland must provide/construct the left and right turn lanes as determined by
Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the
commencement of any work, and with the full understanding that any violation(s) will result in immediate
work stoppage, the project site being shut down, a claim being made under the performance bond(s), and
no "Notice To Proceed" will be provided until such time as the construction the required improvements
takes place.
lO. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of
assuring that any roadway damage incurred as a result of the project will be repaired at the owner's
expense. Therefore, the owner of the project sitelland must post a letter of credit or cash bond in the amount
of $25,000 prior to the commencement of the project.
11. Contractor(s) and/or trucking company(s) must carry insurance coverage meeting or exceeding all Collier
County minimum requirements. 1bese coverage minimums include:
a. Workers Compensation - Statutory minimum
b. Commercial General Liability - $1,000,000
CU-02-AR-2866 CONDmONS OF APPROVAL
EXHIBIT C
178
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c. Automobile Liability - $1,000,000
d. Collier County named as an additional insured on b. and c.
12. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site.
The minimum design requirements will be as follows:
a. The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD).
and Standard Highway Signs Manual
b. The signs will be double post mounted
c. The warning signs will be a minimum of 48-inches by 48-inches with yellow
backgroundlblack legend
d. The supplemental plates will be a minimum of 24-inches by 30-inches with yenow
backgroundlblack legend, mounted on the roadside sign post
e. The legends (wording) for said signs will be maximized for legibility
f. There will be one of each sign type on each directional approach
g. The signs have yellow flashing beacons mounted on the top of the roadside sign post
h. The signs have red flags mounted on the shoulder side signpost
i. The signs read as follows:
i. "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s)
located 2000 feet in front of affected intersection(s);
ii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "IS00 FEET" plate(s)
located as indkaled;
Hi. ''TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET' plate(s)
located as indicated; ,
iv. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "soo FEET' plate(s)
located as indicated;
v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s).
13. The hours of operation will be limited to those associated with the Commercial Excavation Permit and
Haul Activity from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the
project site after) 3:00 P.M. with no activity on Sundays and Holidays.
14. The number of haul trucks must not exceed four per hour. twenty-four per day.
IS. The haul trucks must use the approved haul route as provided by Creative Homes.
16. The excavation project permit is only to excavate the 32.000 cubic yards of material from the project site.
17. The following information regarding the littoral zones win be required to be shown on the plan submitted
with the excavation permit:
a. Calculations of required littoral planting area;
b. Cross-sections of littoral planting areas showing control elevation and slope;
c. Standard exotic removal note; and Clearing Plan.
CU-02-AR-2866 CONDmONS OF APPROVAL
EXHIBIT C