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Agenda 12/16/2008 Item #16A 1 Agenda Item No. 16A1 December 16, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.010, AR 11983, to Barron Collier Partnership, L.L.L.P. for the project called "South Grove Lake". The project consists of 158.68 acres, more or less, sitting in Sections 17 and 18 of Township 48, South, Range 29 East, Collier County, Florida, more particularly sitting on the north side of Oilwell Road about two miles east of Oil Well Grade and west ofthe entrance road to Ave Maria. OBJECTIVE: To issue a Commercial Excavation Permit Number 60.010 for the project known as "South Grove Lake" in accordance with Article 4 of Chapter 22 of the Collier County Code of Laws and Ordinances. The project is bounded on the west by rural Agricultural (row crops), on the north and east by rural Agricultural (Ave Maria SRA - row crops) and on the south by Oilwell Road and rural Agricultural. CONSIDERA nONS: ~.. The petitioner proposes a 42 acre lake excavation (earth mine) and an 89 acre lake excavation (stormwater management) on the 158.68 acre site. The lakes will be dug to a maximum depth of 35 ft below approximate Annual Wet Season Water Table (approximate elevation -16.0 NGVD). The material removed from the lakes will be used primarily to provide fill for the Oil well Road widening project. The earth mine (western lake) was approved under SFWMD ERP 11-02336-P. The stormwater management lake (eastern lake) was also approved under SFWMD ERP 1I-02336-P and will provide water quality for some sod farms and a portion of the proposed Oilwell Road widening. FISCAL IMPACT: A Performance Bond in the amount of $297,360 has been posted by the petitioner and he has paid fees in the following amounts: Excavation Permit Application Excavation Permit Fee Excavation Inspection Fee Conservation Easement Fees EIS Review $ 2,000.00 $20,000.00 $ 1,800.00 $ 500.00 $ ] ,000.00 GROWTH MANAGEMENT IMPACT: None ?'..,. 1 Agenda Item No. 16A1 December 16, 2008 Page 2 of 8 ADVISORY BOARD CONSIDERATIONS: This project was heard and approved by the Environmental Advisory Council on March 5, 2008 with stipulations listed below. Conditional Use Petition CU-2006-AR-9337 allowing this excavation was approved by the Collier County Planning Commission and then by the Board of Zoning Appeals, with Conditions, and filed with the Clerk on April 22, 2008 as Resolution 08-115. A copy is attached. LEGAL CONSIDERATIONS: There are no outstanding legal issues. This item is not quasi-judicial, and as such ex parte disclosure is not required. A majority vote of the Board is necessary to approve this item.--HF AC STAFF RECOMMENDATION: That the Board of County Commissioners direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.010 to Barron Collier Partnership, LLLP for the project called "South Grove Lake" with the following stipulation: 1. All Conditions of Approval listed on the referenced Resolution 08.115 (attached) that have not been previously satisfied will be listed in the Excavation Permit. PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Manager, Engineering Review Services 2 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16A1 December 16, 2008 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60,010, AR 11983, to Barron Collier Partnership, L.L,L.P. for the project called South Grove Lake. The project consists of 158.68 acres, more or less, sitting in Sections 17 and 18 of Township 48, South, Range 29 East, Collier County, Florida, more particularly sitting on the north side of Oilwell Road about two miles east of Oil Well Grade and west of the entrance road to Ave Maria. 12/16/2008900:00 AM Prepared By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Date Approved By Engineering Services 11/20/20082:45:22 PM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 11/25/20082:05 PM Heidi F. Ashton County Attorney Assistant County Attorney County Attorney Office Date 11/25/20082:15 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Approved By Environmental Services 11/25/20082:24 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 11/30/20084:56 PM Date Approved By OMS Coordinator Administrative Services Applications Analyst Information Technology 12/11200811:33 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 12/1/20083:55 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/7/20088:36 PM file:I/C:\AgendaTest\Export\ 118-December%2016,%202008\ 16.%20CONSENT%20AGE... 12/1 0/2008 ~"'''' <D_ ol ",00 Z 0 ~N", 0 ~~I ~ i w- ci <.0- (]) !:::!< . Z~ 0> ..0 I .. ~'" 0 E"'n. ~ ",.0 ==E ro'" ,,<.> C'" a. ",0 0> <( < :2: C!) z - ! z 0 N i . ~ ,... . ~ .., .., . 0 '" ~ rl: . <C OOM-Y , ., '" ~~~ / "I::- - ::> (,) '" Z 0 f- bZ f- WQ w 'I< ~ 00 n g:g 6Z'tl.S B B a. U <( ~ :2: 0' " ~ ~ Z 0' 0' " 0 oJ U ~ - I- <( () 0 c C 156 ''tJ':J ....J z ~ ~ ~ 5L-1 6""'" .~ "" ~ 6~ . . Agenda Item No. 16A1 December 16, 2008 Page 5 of 8 RESOLUTION OS- " , A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE WITHIN A RURAL AGRICULTURE (A) WITH A MOBILE HOME OVERLAY ZONING DISTRICT (A-MHO), A PORTION OF WHtCH IS LOCATED WITHIN STEWARDSHIP SENDING AREA 9 (BCVBCP-SSA-9), TO ALLOW EARTH MINING AND THE RELATED PROCESSING AND PRODUCTION OF MATERIAL FOR A PROJECT TO BE KNOWN AS SOlITH GROVE LAKE LOCATED ON OIL WELL ROAD IN SECTIONS 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 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 pu",uant thereto has adopted . Land Development Code (Ordinance No. 2004-41) 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 Board of Zoning Appeals, 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 a Conditional Use. as required by Section 2.04.03. Table 2. and Section 4.08.06.BA.b. of the: Land Development Code, to anow earth mining and the related processing and production of material within a Rural Agriculture (A) with a Mobile Home Overlay Zoning ~istrict (A-.MHO). a portion of which is located within Stewardship Sending Area 9 (BCVBCP-SSA~9). on the property described in Exhibit "B," and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning IllI applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of the Land Development Code: and WHEREAS. all interested panies have been given opportunity 10 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: Page I of2 EXP-2007-AR-11983 REV: 3 50UTH GROVE LAKE PROJECT # 2005110078 DATE: 9/2/08 DUE: 9/16/08 . . Agenda Item No. 16A 1 December 16, 2008 Page 6 of 8 Petition CU.2006-AR-9337 filed by George L. Varnadoe, Esq.. of Cheffy, Passidomo, Wilson and Johnson, LLP. representing Barron Collier Partnership, LLLP. with respect to the property described in Exhibit "8," attached hereto and incorporated by reference herein. is hereby approved for a ConditionaJ Use pursuant to Section 2.04.03, Table 2, and Section 4.08.06.B.4.b. of the Collier County Land Development Code to allow earth mining and the related processing and production of material within a Rural Agriculture (A) with a Mobile Home Overlay Zoning District (A-MHO), a portion of which is located within Stewardship Sending Area 9 (BCYBCP-SSA~9), for a project 10 be known as South Grove Lake. in accordance with the Conceptual Site Plan (Exhibit "C') and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolulion be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this a.- day of A~ti\ ,2008. A TrEST: . DWIGtN' E. BR~, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ( By: .. Attl!st ., to ClIIl.....,.!:li:pu S1gnaturf oof ..HI ~1,J_:. .l ~. By: ^-_ TO ,Chairm~ Approved as 10 form and legal sufficiency: Exhibits (attached): A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Page 2 012 . . Agenda Item No, 16A 1 December 16, 2008 Page 7 of 8 COND~ONSOFAPPROVAL South Grove Lake CU-2006-AR-9337 1. The conditional use approval to allow earth-mining shall be limited to what is depicted on the master site and excavation plan, entitled "Conditional Use Conceptual Site Plan", dated May 22, 2007, prepared by Agnoli, Barber & Brundage for Barron Collier Partnership, LLLP. 2. Excavation shall be limited to the 2 proposed lakes. the western earth mine lake and eastern stonn-water management lake, totaling no more than 131 acres as pennitted by SFWMD for purposes of water quality treatment and storage of storm-water run-off. 3. The single isolated 0.41 acre wetland shall be preserved and maintained with a minimum 25-foot upland buffer, and all category I exotics shall be removed for purposes of maintaining HSA interconnectivity for bear and panther habitat areas, 4. One hundred feet of throat depth shall be maintained on the entrance road into the project from Oil Well Road, 5. A 75 foot minimum turning radius will be maintained on the entrance road until such time as a right turn lane is provided as a result of the expansion ofOi! Well Road. 6. Quarterly monitoring reports will not be required until the sale of earthen materials fonn the project to the public begins, The provision of earthen materials to Collier County for public roadway projects and the use of earthen materials in Ave Maria will not be considered a public sale, 7. Prior to the sale of earthen material to the public, a letter must be sent notifYing the Zoning Director and Transportation Planning Director that the commercial sal e of earthen msterial is beginning and quarterly monitoring will begin. Final version 3-26-08 EXHIBIT D -m'1Jt,e.~,If... . -_.. _._.._-_.~. ._-+--- . . Agenda Item No. 16A 1 December 16, 2008 Page 8 of 8 8, Upon commencement of the public sale of eanhen materials, the applicant will begin to provide detailed quarterly monitoring reports. These reports must include but not be limited to the amount of earthen material sold from the site and the number of heavily loaded vehicles leaving the site. 9. The applicant has the option of making payment in the amount of a $1,00 per truck charge for every heavily loaded truck leaving the site. If such payments are made by the applicant. they shall be made quarterly with the submission of the quarterly monitoring report. Such payments will be made payable to the Board of County Commissioners. These payments will be made for the purpose ofroad maintenance in lieu of providing for inspections of and repairs to the roadway and adjacent roadway network impacted by the heavily loaded trucks corning from the subject site. 10. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 11. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 12. The mitigation plan to compensate panther (Felis conca/or coryl) habitat impact by the project proposed by the applicant shall be approved by the US Fish and Wildlife Service (USFWS); 13. The conservation easement for the on-site wetland preserve shall be approved prior to issuance of the excavation permit by Collier County. 14, The final location of the littoral shelf planting area for the eastern lake shall be approved prior to the issuance ofthe excavation permit. 15, On-site wells shall be capped below the surface to prevent cross contamination of aquifer and surface waters. Final version 3-26-08 111-;,,<14- i. ~'(..