Resolution 2002-085
17A
RESOLUTION NO. 02-~
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF CONDITIONAL USE "7" OF THE
"E" EST A TES ZONING DISTRICT TO ALLOW FOR
EARTH MINING OPERATION FOR A PROPERTY
LOCATED EAST SIDE OF DESOTA BOULEVARD
BETWEEN 31ST AVENUE NE AND 29TH AVENUE NE,
IN GOLDEN GATE ESTATES SECTION 21, TOWNSHIP
48 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA. THIS SITE CONSISTS OF 6.62+/
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) 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
for earthmining activities of Subsection 2.2.3.3.7 in an Estates ("E") Zone 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 filed by James Weeks with respect to the property hereinafter described as:
Tract 143, Unit 67, Golden Gate Estates, as recorded in Plat Book 13, Pages 101-103,
of the Official Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use 7 for earthmining activities of Section
2.2.3.3.7 for the Estates ("E") Zoning District in accordance with the Conceptual Master Plan
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(Exhibit liB") and subject to the following conditions:
Exhibit "C" 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.
Done this / ~ &t day of .....~~~.. ~~ ~ .,. , 2002.
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Approved as to Fornilmil
Legal Sufficiency:
BOARD OF ZONING APPEALS
COUJER;?;Z^
BY: ~
J~S N. COLETTA, CHAIRMAN
CU.200 1.AR.1620/RB/lo
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FINDING OF FACT
BY
COLLffiR COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
FOR
,...,.
CU-2001-AR-1620
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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or ~ Affect mitigated by <text>
_ 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: I'Ll lLo J 0 I
CHAmMAN:
EXHIBIT "A"
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CONDITIONS OF APPROVAL
CU-2001-AR-1620
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 the Excavation Ordinance.
4. This Conditional Use shall expire 12 months after the date of issuance of the Clearing
Permit.
5. Blasting shall not be allowed.
7. The excavation will be limited to a bottom elevation of 20 feet below original grade.
8. Off-site removal of the excavated material shall be subject to the standard conditions
imposed by the Transportation Services Division in the attached document. (See pages
2 and 3 of this Exhibit).
9. 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.
10, The applicant must obtain a clearing permit prior to anyon-site clearing.
11. This application shall not be forwarded to the BCC unless the scrivener's error for the
LDC Section 2,2,3.3.7. is reviewed and approved by the BCC.
EXHIBIT "e"
Page 1 of 3
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COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCA VA TION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary
of conditions which may affect their projects and which should be taken into consideration during
all stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bike path shall be required as minimal site improvements and if recommended
for approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition;
such action by the Transportation Services Administration shall be subj ect to appeal before
the Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-
102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Section 3.5.9.3. of the Land
Development Code (Road Impact). A traffic and road impact analysis shall be made by the
County to determine the effects that off-site removal of excavated material will have on the
road system within the excavation project's zone of influence. If appropriate, road use fees
in accordance with Section 3.5.9.3 of the Land Development Code shall be paid prior to the
issuance of an excavation permit.
4, The Transportation Services Administration reserves the right to establish emergency
weight limits on public roadways affected by the off-site removal of excavated material;
the procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners, Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permittee's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
Exhibit "C"
Page 2 of3
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6. Based on soil boring information per Ordinance No. 91-102, as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted, and should
residential areas exist within one mile of the excavation site, the county reserves the right
to deny a blasting permit based on concerns for off-site impacts from blasting at an
excavation site. Should a blasting permit be considered and approved, the minimum
conditions of approval in addition to conditions per Ordinance No, 91-102, as amended,
are as follows:
A. Structure inventory/monitoring and applicable property owner release as required
by the Development Services Director submittal by the applicant.
B. Security bond applicable to private property damage acceptable to the County
submittal by applicant.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The County reserves the right to suspend and/or revoke blasting permit authority
should it be determined that blasting activities are creating unacceptable off-site
conditions either in terms of private property damage and/or related physical effects
of blasting operations.
7, No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Division 3.15 ofthe Land Development Code, and Section 3,5,9.3
of the Land Development Code.
Exhibit "C"
Page 3 of3