Backup Documents 10/13/2009 Item # 7ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Originating Dept/ Div: CDES /Zoning Person: Melissa Zone
Petition No. (If none, give brief description): CUR- PL2009 -044, SR -846
Petitioner: (Name & Address): Ms. Margaret Perry, AICP, Wilsonmi]
Other:
Date:
d Trust Earth Mine
Inc., 3200 Bailey Lane, Naples, FL 34105
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Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. Bruce Anderson,
Roetzel & Andress, 850 Park Shore Dr., Naples, FL. 34103: Mr. Michael R. Brown, 3606 Enterprise Avenue, Naples, FL 34104
Hearing before BCC BZA Other
Requested Hearing date: September 29. 2009 mm__ Based on advertisement appearing 15 days before hearing-
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CUR- PL2009 -044, SR 846 Land Trust represented by R.
Bruce Anderson of Roetzel and Andress LPA; and Margaret Perry, AICP, of Wilson Miller, Inc., requesting a Conditional Use Re- review
(CUR) of the property commonly referred to as Jones Mine. The conditional use (CU- 2004 -AR -6904) was approved on September 25,
2007 and in accordance with condition #3, the Conditional Use approval shall be reviewed by staff and brought back to the BZA on the
first anniversary of approval and again one year after the first anniversary review. The subject property is located at 16000 Immokalee
Road, Sections 35 & 36, Township 47 South, Range 27 East: and Sections 1 & 2, Township 48 South, Range 27 East, Collier County,
Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
- JC 8 2 5 �>
Division Administrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERKS OFFICE USE ONLY:
Date Received: 0 31 09 Date of Public hearing: Date Advertised:
IM,
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY PROVIDING FOR A CONDITIONAL USE
WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF
FILL MATERIAL TO A MAXIMUM DEPTH OF 45 FEET, OR TO
THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING
OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME
OVERLAY (A -MHO), IN COMPLIANCE WITH ALL BLASTING
REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL
FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD,
APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE
SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND
36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF
SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS
ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE
ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING
RESOLUTION NOS. 99-420,06-157,07-274 AND 08 -290.
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. 2004 -41, 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 November 9, 1999, by Resolution 99 -420, a copy of which is attached as
Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing
for earth mining with respect to the same property which is the subject of this conditional use
petition, which property is described in Exhibit B; and
WHEREAS, on June 20, 2006, by Resolution 06 -157, a copy of which is attached as Exhibit
F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning
1 of 3
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earth raining and blasting of material with respect to the same property which is the subject of this
conditional use petition; and
WHEREAS, on September 25, 2007, by Resolution 07 -274, a copy of which is attached as
Exhibit G, the Board of Zoning Appeals of Collier County approved a third Conditional Use
concerning earth mining and blasting of material with respect to the same property which is the
subject of this conditional use petition; and
WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No.
CUR- PL2009 -44, seeking a re -review of the uses upon the parcel as originally set forth in CU -AR-
6904 and approved most recently in Resolution 08 -290; and
WHEREAS, the parties wish that this Resolution supersede and replace Resolution Nos. 99-
420, 06 -157, 07 -274 and 08 -290 so that this Resolution sets forth all conditions for the granting of
the Conditional Use for the subject property; and
WHEREAS, the Board of Zoning Appeals (Board), 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 allowing this requested
expansion of the existing Conditional Use; and
WHEREAS, the Collier County Planning Commission 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 10.08.001 of the Land
Development Code; 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:
(1) The petition filed by R. Bruce Anderson, Esq. of Roetzei & Andress and Margaret
Perry of Wilson Miller, Inc., representing the owner of the property hereinafter described in Exhibit
B attached hereto and incorporated by reference herein, be and the same is hereby approved, to the
extent that the Board hereby grants a new Conditional Use for Rural Agricultural- Mobile Home
2 of 3
Nu
Overlay (A -MHO) district for earth mining excavation of fill material to a maximum depth of 45
feet, or to the confining soil layer, whichever is less, and blasting of materials in compliance with
all blasting requirements of Section 10.02.03 Collier County Land Development Code in
accordance with the Conceptual Master Plan (Exhibit C) and subject to the conditions set forth in
Exhibit D which is attached hereto and incorporated by reference herein.
(2) That this Resolution hereby supersedes and replaces Resolution Nos. 99420, 06-
157, 07 -274 and 08 -290 which are hereby repealed and rescinded in their entirety and are
accordingly no longer of any legal force or effect.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and super - majority vote, this ____ day of
2009.
ATTEST:
DWIGHT E. BROCK, CLERK
M
, Deputy Clerk
Approved as to form and
legal sufficiency:
DRAFT
Steven T. Williams
Assistant County Attorney
CP109- CPS - 00971\5
3 of 3
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, Chairman
Acct #068779
August 31, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CUR- PL2009 -044, SR -846 Land Trust Earth Mine
Dear Legals:
Please advertise the above referenced notice on Sunday, September 13, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
PeOe #4500096189
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, September 29, 2009, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center,
3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY
PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING
WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 45
FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND
BLASTING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME
OVERLAY (A -MHO), IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS
PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE
OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL
FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2
MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED
WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST;
AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE
ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTIONS
NOS. 99 -420, 06 -157, 07 -274 AND 08 -290.
Petition: CUR- PL2009 -044, SR 846 Land Trust, represented by R.
Bruce Anderson of Roetzel and Andress LPA; and Margaret Perry,
AICP, of Wilson Miller, Inc., requesting a Conditional Use Re.-
review (CUR) of the property commonly referred to as Jones Mine.
The conditional use (CU- 2004 -AR -6904) was approved on September
25, 2007 and in accordance with condition 43, the Conditional Use
approval shall be reviewed by staff and brought back to the BZA on
the first anniversary of approval and again one year after the
first anniversary review. The subject property is located at 16000
Immokalee Rd., Sections 35 & 36, Township 47 South, Range 27 East,
and Sections 1 & 2, Township 48 South, Range 27 East, Collier
County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have writt
the Board agenda packets must
weeks prior to the respective
written materials intended to
submitted to the appropriate
prior to the public hearing.
before the Board will become
7A
en or graphic materials included in
submit said material a minimum of 3
public hearing. In any case,
be considered by the Board shall be
County staff a minimum of seven days
All material used in presentations
a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252 -8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
my 0 Allier 7 A
�v
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY +COURTHOUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI 'FRAIL EAST Accountant
P.O. BOX 413044
NAPLES, FLORIDA )4101 -3044 Auditor
Custodian of County Funds
August 31, 2009
Mr. Michael R. Brown
3606 Enterprise Avenue
Naples, FL 34104
Re: Petition: CUR- PL2009 -044, SR -846 Land Trust Earth Mine
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
?w� yko�
Martha Vergara, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
Ott ' -'--f ,�I ier
CLERK OF THE CIRCUIT
Dwight E. Brock COLLIER COUNTY JCOURT,JiOU
Clerk of Courts 3301 TAMIAMI 'AIL EAST
P.O. BOX 4,3044
NAPLES, FLORIDA'4101 -304
August 31, 2009
Roetzel & Andress, LPA
R. Bruce Anderson
850 Park Shore Dr.
Naples, FL 34103
7A
COURT
SE Clerk of Courts
Accountant
4 Auditor
Custodian of County Funds
Re: Petition: CUR- PL2009 -044, SR -846 Land Trust Earth Mine
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Depu y Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk@collierclerk.com
ce nt 'd' f-C' gllier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock
Clerk of Courts
August 31, 2009
Wilson Miller, Inc.
Margaret Perry, AICP
3200 Bailey Lane
Naples, FL 34105
COLLIER COUNTY 1COURTI DOUSE
3301 TAMIAMI TAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA''14101 -3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Re: Petition: CUR- PL2009 -044, SR -846 Land Trust Earth Mine
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, De ty Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: coilierclerk @collierclerk.com
7B I
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, September 01, 2009 11:35 AM
To: Naples Daily News Legals
Subject: CUR- PL2009 -044
Attachments: CUR- PL2009 -044 Land Trust Earth Mine.doc; CUR- PL2009 -044 (Land Trust Earth Mine).doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239 - 252 -7240
239 - 252 -8408 fax
( martha .vergara(&collierclerk.com)
7A
Martha S. Vergara
From: postmaster @collierclerk.com
Sent: Tuesday, September 01, 2009 11:35 AM
To: Martha S. Vergara
Subject: Delivery Status Notification (Relay)
Attachments: ATT103446.txt; CUR- PL2009 -044
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals @naplesnews.com
1
7A
Martha S. Vergara
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Tuesday, September 01, 2009 11:48 AM
To:
Martha S. Vergara
Subject:
RE: CUR- PL2009 -044
ok
From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com]
Posted At: Tuesday, September 01, 2009 11:35 AM
Posted To: Legals - NDN
Conversation: CUR- PL2009 -044
Subject: CUR- PL2009 -044
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239 - 252 -7240
239- 252 -8408 fax
( martha.vergara (s':bcollierclerk.com)
Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public
records request, do not send electronic moil to this entity. Instead, contact this office by telephone or in writing.
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Affidavit of Publication
Naples Daily News
-------------------------------------------------- +- - - - - --
BCC /ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
S AMMERMANN /FINANCE DEPT
P O BOX 413044
NAPLES FL 34101
REFERENCE: 068779 P.O. #4500096189
59588726 NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personz
appeared Susan Rogge, who on oath says that
serves as the Vice President of Finance of
Naples Daily News, a daily newspaper publiE
Naples, in Collier County, Florida: that
attached copy of advertising was published
newspaper on dates listed.
'7A
NOTICE OF PUBLIC NWtNG
Notice Is her given that the of Cartunisdoners, as the Boats of Zoning
Appeals, of,C W CouMy±mO ��Wlic tM Tuesday, SsIst"tber 29. 2000. in
tfre.,Boardraom,3ri! floor. Admi B Colxsa Ci3urty 6osrasbraght Center,
33o1 Eaai Tan+iaml Trai6 Nap elas, fdarida. The #1g w►1( begin at 9:00 A.M. The title of
the proposed resolution is as followz
Petition: CUR +PL2009.044, SR 846 Land Trust; represented by R. Bruce Anderson of Roatzel
and Andress LPA; and Margret Perry AICP, of Wilson Miller, Inc., requesting a Condition-
al Use Re- review (CUtU of �i+e ProparYy commor�iy referred to as Jonas Mine. The condi-
tional use (CU- 2004- AR -64P4) was approved on September Z5, 2007 and to accordance
wRh condkion s,3, the Carditianat Use approval shall be reviewed by staff and bro(tght
bade to the BZA °n the f anniversary of approval and again one year after the firrt an-
niversary review. The subjeC property' l locat4d at 16000 Immokalee Rd., Sections 35 8
36,Township 47 Sauth, Rants 27 East; and Sections 1 # Z, Township 48 South,Range,27
Affiant further says that the said Naples NOTE:lADpernty,Ftaida.
NOTE: Ail Persons wishing :o speak on arty agenda item must register with the County.
News is a newspaper published at Naples, in rs; rbe lim,itsd to lmin0utas on any Item. .The selectior�of addressed. nnd ual V "k
Collier Count nd that the said sp behelf n or agroup c or groupo�a ec beaallotted ;cognized by p speak on an
County, Florida, r spokesperson for a group c aganlzat y
newspaper has heretofore been continuously Item.
Persons wishin to have writen or graphic material included in the B agenda published i n said Collier County, Florida, ets must subm�t said maters ++. a minimum of 3 weeks prior to the re. rd oublk �ear-
ing. m case, written mXerials ironded to be considered by the rd shelf be sub•
day and has been entered as second class ma. matted t the appropriate Cunty, staff a minimum of seven days prior to the public hear -
matter a t the post office i n Naples, i n s a i ( ing. Ali material used in prsentatlons before the Board will become permanent part of
the record.
Collier county, Florida, for a period of 1 Any parson who decides to ppeal a decision of the Board will need a record of the pro-
may J e Had to ensure that a verbatim record ,of te diproceedings gs pertaining thereto nd therefore, imn e x t preceding the first publication o f t he h IS made, wich record lncuas the test ony and evidence upon which
attached copy of advertisement; and affia tneappeallbanea.
further says that he has neither paid nor
promised any person, firm or corporation
discount, rebate, COT
purpose of securing 1
publication in the s<
PUBLISHED ON: 09/13 (
AD SPACE: 132 LIT
FILED ON: 09/14/(
Signature of Affiant
nt if you are a person with adisability who needs any accommodatiom in order t panic! -
pate in this proceeding, yotwa an led, at no cost to you, to the revision of certain as-
sistance..Please contact thtColher County Facilities Managqemerrt rtment, located at
3301 Tamiam4 Trail East, Gilding W. Naples, Florida 34111, (2 391252 Axiaed llten-
a n0 ing devices for the hearing Naked are available in the County Commissioners' Office.
Sworn to and Subscribed before me this 1Ijt►._ day of 5e , 20(l-
. N A e
Personally known by me
��1 NabNHy KAROL E KANUS
SL
Notary Public - 8leie of Horids
y r My Comm. Expires Jul 29, 2013
Commission # OD 912237
#7a
(Resolution 2009 -248)
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
November 22, 2010
7A
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