Resolution 2002-434
17A
RESOLUTION NO. 02- 434
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E"
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 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, 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" Zone for a lake excavation on the property hereinafter described
as:
Tract 144, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5 page 89
official records of Collier County, Florida in Section 21, Township 48 South,
Range 28 East, Collier County Florida
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-2366, filed by Terrance L. Kepple, of Kepple
Engineering, Inc., representing Ron Beaver with respect to the property hereinafter described as
"Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is
hereby approved for Conditional Use "7" of Section 2.2.3 of the "E" Zoning District for lake
excavation in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the
17A
conditions shown in Exhibit "C." All exhibits are 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 2 2.. ~ day of (nTO"A E f2 ,2002.
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Approved' as 'to Form and
Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY;~~~
~~~
Patrick G. White
Assistant County Attorney
Exhibit C.
Findings of Fact
Conceptual Master Plan, identified as "Lake
Excavation for Beaver Residence" prepared by
Kepple Engineering, Inc., stamped "Received April
12,2002."
Conditions for approval
Attachments:
Exhibit A.
Exhibit B.
CU-2002-AR-2366/KDllo
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
The following facts are found:
1. Section 2.2.3.7. 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 p/'operty 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)
~) be recommended for approval
OAr.,:
EXHTBTT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
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
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
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or Affect mitigated by
Affect cannot be mitigated
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: ?/J ],//~ 2- MEMBER:
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17A
CU-2002-AR-2366
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:
Consistency with the Land Development Code and Growth Management Plan:
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
Y4~ No
Co
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
ft~
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
~s~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
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:
Consistency with the Land Development Code and Growth Management Plan:
Yes ~" No
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
Co
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~No affect or Affect mitigated by
~ Affect cannot be mitigated
Do
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
MEMBER:~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
The following facts are found:
1. Section 2.2.3.7. 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. Consisten~fi~h the Land Development Code and Growth Management Plan:
B. Ingress and egress to pi'operty 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~ & egress
No
Affects neighboring properties in relation to noise, glare, economic or odor
e~~N~ affect or ~ Affect mitigated by ~ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible us~Tthin district
DATE:
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
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:
Consistency with the Land Development Code and Growth Management Plan:
No
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:
ingress & egress
No
Affects neighboring properties in relation to noise, glare, economic or odor
effec~
~ _~No affect or Affect mitigated by
v Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within~ct
J No~
Based on the above findings, this conditional use should~ with stipulations, (copy attached)
(should not) be recommended for approval
EXHIBZT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
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: ~ //~'/ 0 ~ MEMBER: ~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2366
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
Bo
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
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or Affect mitigated by
b~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
EXHIBIT A
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m m
i I
17A
Enlargement of Lake Cross Section Detail
r
h3.D
Top of Bank (exi~tin
Wet SeglOn W~l¢ Table
~ S~n Water T~e
~ok Point
~ttom of ~ok~ ~
Lake Cross Sectloi3
Ex. Vol 52,247 CY
Note:
All constr~uction to be in
occordanc:e with
Collier Co~unty Ordinonces
c~nd permiit requirements.
CU-2002-AR-2366
Exhibit B
Page 2 of 3
17A
Enlargement of Littoral Zone
Planting Detail
Uttorol ,Zone Ptontln9
toke Bonk 1291'
I. jttoml Zorm
10~ x 1291'- 129'
Plant~
do~ntgm~ 33 1/3~
Wlmgra~ 33
Giant Bulrulh 33 1/3~;
CI:J-:~002-AR-2366
~ Exhibit: B
Page 3 of :3
CONDITIONS FOR RON BEAVER EXCAVATION
CU-2002-AR-2366
1. The conditional use approval to allow a lake excavation is limited to the site plan
identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering,
Inc., stamped "Received April 12, 2002", except as augmented by the two enlargement
detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned
below.
2. The owner must submit wetland jurisdictional determinations prior to or
simultaneously with the Vegetation Removal & Site Fill (VRSF) application. If jurisdictional
wetlands are within the lake excavation and maintenance area, agency permits shall also
be submitted with the VRSF application.
3. Littoral plantings -- Two percent of the total area of the lake at control elevation
must be planted between two feet below wet season water table to one foot above WSWT.
The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be
approximately 0.06 acres in area.
4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC that
requires all development to stopped if, during the course of site clearing, excavation or
other construction activity, an historic or archaeological artifact, or other indicator is found,
all development within the minimum area necessary to protect the discovery. Further
compliance requirements are contained in the above-cited section.
5. Prior to excavation commencement, the applicant must seek and receive approval
for an excavation permit from the Board of County Commissioners in compliance with LDC
Section 3.5. ·
a. As part of the excavation permit submittal, the owner must provide
stormwater calculations signed & sealed by a Florida professional engineer;
b. The proposed lake must be redesigned in compliance with LDC Section
2.8.4.7 to provide sinuous shorelines; and
c. Excavation permit plans must be modified to show a wet season water table
to dry season water table fluctuation of six feet.
d. Additional conditions or stipulations may be included as part of the review of
the excavation permit application.
e. The applicant must pay all excavation related fees as enumerated in LDC
Section 3.5.9.
CU-2002-AR-2366
Exhibit C
G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366\Conditions for Ron Beaver Excavation 2.doc Page 1 of 2
6. 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).
7. This Conditional Use shall expire 12 months after the date of issuance of the
Clearing Permit.
8. Blasting is prohibited.
9. The excavation depth must not exceed 20 feet below original grade.
10. Off-site removal of the excavated material may be subject to the additional
conditions as deemed appropriate by the Transportation Services Division. These
conditions will be determined and refined as part of the Excavation Permit review process.
11. 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.
12. The applicant must obtain a clearing permit prior to any on-site clearing.
Revised: 10/2/02
CU-2002-AR-2366
Exhibit C
G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366\Conditions for Ron Beaver Excavation 2.doc Page 2 of 2