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Agenda 04/22-23/2008 Item #17E Agenda Item No. 17E April 22, 2008 Page 10119 EXECUTIVE SUMMARY CU-2006-AR-9337, Barron Collier Partnership, LLLP, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson and Johnson, LLP; and Agnoli, Barber and Brundage, are requesting a Conditional Use within a Rural Agricultural (A) with a Mobile Home Overlay (A-MHO) Zoning District, a portion of which is located within Stewardship Sending Area Number 9 (BCI/BCP-SSA-9), pursuant to Section 2.04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code, to allow earth mining and related processing and production of material for a project to be known as South Grove Lake, located on Oil Well Road in Section 17 and 18, Township 48 South, Range 29 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider a Conditional Cse as noted above, and ensure that the project is in hannony with all the applicable codes and regulations in order to make certain that the community's interests arc maintained. CONSlDERA TIONS: - The petitioner is seeking approval for an earth mining operation on 158.7-r acres of land to allow the following excavation: . Earth mine (proposed west lakc of 41.6 acrcs) . Stormwater management lake (proposed east lake of 89.4 acres) Materials removcd from the site would be used primarily to provide fill material for the Oil Well Road, Camp Keais Road, and Immoka1ee Road widening projects. The subject property presently consists of row crops and citrus groves. The proposed earth mine would be spl it into two sections by a proposed access road to the Ave Maria development from Oil Well Road. As a stipulation of approval, the entry road (when created) must have a minimwn 75-foot mdius and must havc a minimum 100-foot throat length from the existing edge of paving at Oil Well Road. No turn lanes are required_ The eastern and western lakes are approved for construction and operation by the South Florida Water Management District (SFWMD). . The 89.4 acre eastern lake. a, approved by SFWMD ERP Permit No. 11- 02336-P, is permitted to provide water quality treatment and stormwater storage for nm-off from the existing sod fann. The lake will also provide water quality treatment and storage for a portion of the proposed Oil Well Road widening. There is currently no water quality treatment or storage for the existing Oil Wcll Road. A portion of the current run-off for Oil - Page I 018 .A.aenoa Item No. l7E - April 22, 2008 Page 2 of 19 Well Road currently enters "untrealed" into a ditch that leads to Camp Keais Strand. . The 41.6 acre western lake, as previously approved by SFWMD ERP Permit No. 11-02336-P, is permitted as a borrow pit. However, this lake is strategically locatcd adjaccnt to marsh creation areas within the Habitat Stewardship Area (HSA), and is not near agricultural areas or development such as the eastern lake. In addition, there is one 0.41 acre isolated wetland on site, which would be surrounded by a re- created 25-foot upland buffer. This wetland would be preserved and enhanced by the removal of exotics. The project is located entirely within the Rural Lands Stewardship Area (RLSA) overlay. The majority ofthe site is designated as "open lands" and will not impact areas identified as Flowway Stewardship Area (FSA) or Water Retention Area (WRA). Earth mining is a permitted activity within the RLSA Overlay District subject to conditional use approvaL Surrounding Land Uses and Zoning: The 158. H acre property is in the Rural Agricultural with Mobile Home Overlay (A-MHO) Zoning District. The property is abutted on all four sides by row crops within the Rural Agricultural Zoning District, and is ovmed by the applicant. Zoning Synopsis: The subject property is located within a Rural Lands Stewardship Area (RLSA) overlay with the majority of the site designated as "open lands." Earth mining is a permitted activity within thc RLSA Overlay District subject to conditional use approval. The portion of the site within a Habitat Stewardship Area (HSA) is also within a Sending Stewardship Area (SSA Number 9), which allows earth mining. The project also demonstrates that it will not impact areas identified as Flowway Stewardship Area (FSA) or Water Retention Area (WRA). In addition, excavation permits for both 1akcs have been approved by South Florida Water Management District The project, lastly, has received favorable support by the County's Environmental Advisory CounciL FISCAL IMPACT: The Conditional Use (CU), by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorizcd level of development, however, if the CU is approved, a portion of thc land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in thc Capital Improvement Element (ClE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fecs associated with thc project. Page 2 of8 Agenda Item No. 17E April 22, 2008 Page 3 of 19 Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used hy Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The suhject property is designated Agricu1ture/Rur'd1, RLSA Overlay on the Future Land Use Map. Thirty (30.2) acres of the 131,0 acre proposed excavation area is located in a Habitat Stewardship Area (HSA), of which 25 acres would be excavated. The remaining 106,0 acres proposed for excavation is located in an "Open" area, which has a Natural Resource Index (NRI) of 1.2 or less. Policy 3.7 of the RLSA Overlay allows earth mining as a conditional use within HSA lands with a NR1 of].2 or less. Policy 5.3 of the RLSA Overlay limits site clearing and alteration within the HSA to 20 percent of the property for non-agricu1turaI uses, unless the activity is within an SSA. On February ]3,2007, the Board of County Commissioners approved SSA Number 9. The west 25 acres of the subject property is located within SSA Number 9 and within an liSA, and Policy 5.3 pcrmits non-al,'ficultura1 uses, including excavation to exceed 20 percent of the subject 25 acres. Policies 3.7 and 5.5 of the RLSA Overlay require an Environmental Impact Statement and additional demonstr'dtions of environment compliance hased on specific site conditions. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Based on the above guidelines and analysis, the proposed conditional use may be found consistent with the Futurc Land Use Element of the Growth Management Plan. Transportation Element: This Conditional Use can be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan subject to the following conditions: . One hundred feet of throat depth shall hc maintained on the entrance road into the project from Oil Well Road at all times. . A 75-foot minimum turning radius will be maintained on the entrance road until such time as a right turn lane is provided a~ a rcsult of the expansion of Oil Well Road. . Quarterly monitoring reports will not be rcquired until the sale of earthen materials from the project to thc 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. . Prior to the sale of material to the public, a letter must be sent notifying the Zoning and Land Development Review Director and Transportation Planning Director that the commercial sale of material is beginning and quarterly monitoring will begin. . Upon commencement of the public salc of earthen materials, the applicant will begin to provide detailed quarterly monitoring report,. These report~ must include but not be limited to the amount of earthen material sold from the site and the numbcr of heavily loaded vehicles leaving the sitc. . 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 Page 3 of8 Aoenda Item No. 17E " !\pril 22, 2008 Page 4 of 19 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 of road maintenance in lieu of providing for inspections of and rcpairs to the roadway and adjacent roadway network impacted by the heavily loaded trucks coming from the subject site. Therefore, this project is consistent with Policies 5. 1 and 5.2 of the Transportation Element (TE). AFFORDABLE HOUSING IMPACT: The development in the form of its current requcst does not create an affordable housing demand. ENVIRONMENTAL ISSUES: The western portion of the site, approximately 30.2 acres, extends into the Habitat Stewardship Area (HSA). Earth mining is a permitted use in HSAs with a natural index of].2 or less (but is limited to 20 percent of a site) unless located within an approved Stewardship Sending Area. Stewardship Sending Area 9 (SSA Number 9) was approved by the Board of County Commissioners (BCC) on February 13, 2007, permitting non-agricultural uses including earth mining activities in HSAs, The project plan minimizes impact to listed species and their associated habilats by proposing appropriate protection measures during project construction and operation activities. The only area of native vegetation that exists is in the isolated wetland, and a 25-foot upland buffcr, as previously mentioned, is proposed around the wetland. Thus, native vegelation would not be impacted. Listed wildlife species observed in range of the site include the American alligator, wood stork, blue heron, and wading birds. Management plans have been submitted along with the Envirorunenta1 Impact Statement (EIS) and will be reviewed by the appropriate reviewing agency, Although the Black Bear and Eastern Indigo Snake were not observed on site, management plans were submitted as attachments to the EIS, and would be used to educate the contractor. Littoral shelves are proposed to provide for foraging by listed and non listed species, and is expected to create a net increase of wading bird and alligator habilat. According to the Natural Resource Conservation Service (NRCS) Soil Survey, the site is predominated by 1mmokalee Fine Sand soils, whieh are level, poorly drained soils commonly found in flatwoods with slopes of 0 to 2 percent. Permeability is moderate and the available water capacity is low, The majority of the site contains active agricultural (row crops/citrus grove). Other facts about the site, in addition to having a low Natural Resource Stewardship Index value ofless than 1.2, are as follows: . There are no Well Field Risk Management Special Treatment Overlay Zoncs within the boundaries of the site; Page 4 of8 Agenda Item No. 17E April 22, 2008 Page 5 of 19 . The site was found to have no archaeological sites, historic structures, or areas of historic or archaeological probability according to long range planning maps; . The site is not located within the Big Cypress Area of Critical State Concern Special Treatment (ACSC ST) Overlay District; and . No environmental conditions were found to preclude any future land use at the site, and no further asscssment was warranted. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this request on March 5, 2008, and unanimously recommended approval subject to staff stipulations as set forth below: . The mitigation plan to compensate panther (Felis conc%r coryi) habitat impact by the project proposed by the applicant shall be approved by the US Fish and Wildlife Service (USFWS); . The Conservation Easement for the on-site wetland preserve shall be approved prior to the Excavation Permit issuance hy Collier County; . Littoral Shelf Planting Area final location for eastern lake shall be approved prior to the Excavation Permit issuance; and . On-site wells shall be capped below the surface to prevent cross contamination of aquifer and surface waters. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-2006-AR-9337 on March 20, 2008, and by a vote of 9 in favor and o opposed recommended forwarding this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: 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 he limited to the 2 proposed lakes. the western earth mine lake and eastern storm water management lake, totaling no more than 131 acres as permitted 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 1 exotics shall be removed for purposes of maintaining HSA interconnectivity for hear 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. Page 5 of8 Agenda Item No. 17E .I\pril 22, 2008 Page 6 of 19 5. A 75-foot minimum turning mdius will be maintained on the entrance road until such time as a right turn lane is provided as a result of the expansion of Oil Well Road. 6. Quarterly monitoring reports will not be required until the sale of earthen materials from 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 and Land Development Review Director and Transportation Planning Director that the commercial sale of earthen material is beginning and quarterly monitoring will begin. 8. Upon commencement of the public sale of earthen 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 numher 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 of road maintenance in lieu of providing for inspections of and repairs to the roadway and adjacent roadway network impacted by the heavily loaded trucks coming 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 conc%r coryi) habitat impact by the project proposed by the applicant shall be approved by the US Fish and Wildlife Service (USFWS). ] 3. The conservation ea~ement 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 littoml shelf planting area for the eastern lake shall be approved prior to the issuance ofthc excavation permit. Page 60f8 Agenda Item No. 17E April 22, 2008 Page 7 of 19 15. On-site wells shall be capped below the surface to prevent cross contamination of aquifer and surface walers. It should be noted that the CCPC also recommended to eliminate the following staff recommendation because they felt the subject property would have no impact on surrounding property as it is in a rural open lands area surrounded by row crops and/or citrus grove, also owned by the applicant. and the nearest resident is over 1,000 feet away. . An 8-foot high berm, or alternatively a 6-foot opaque fence, around the perimeter of the excavation lake area(s) shall be required, which shall be installed concurrent with excavation work and as the site is developed. The berm shall be stabilized with native grasses to reduce erosion. The berm or fence shall be removed at the conclusion of excavation activities. The Collier County Land Development Code requires a minimum of a Type A landscape buffer between the proposed excavation use and the adjoining properties to north, east and west, which consist of row crops in an Agricultural zoning district. The Land Development Code requires the installation of a Type D buffer along Oil Well Road (south buffer). Proposed excavation activities will be coupled with habitat restoration activities for adjoining properties to the north of the west lake and future development activities to the north of the east lake. Property to the north adjoining the east lake will be buffered with landscaping associated with a future access road. The staff recognizes that the nearest residential dwelling unit is at least 1000 feet away from the subject property. The staff also recognizes that little is to be achieved by buffering the adjoining agricultural properties with a berm and/or landscaping and the requirement especially in light of the requirements for habitat restoration and both the restoration activities and future road widening activities in association with the future lakes. One cannot simply waive the code requirements for a landscape buffer through the Conditional Use process. Given the habitat restoration activities requirement and the need to review the buffering requirements and the location of the future lakes in detail, staffifofthe opinion that the site development plan review process, would be the most appropriate time to review the buffering requirements in relationship to the proposed development plan. Therefore, by approving this conditional use as presented on the summary agenda, the Board of County Commissioners understands that the details of the requirements for buffering will be reviewed and evaluated at the time of Site Development Plan application submittal and review. Because the CCPC approval recommendation was unanimous, no letters of objection have been received, and the applicant does not object to the aforementioned plan for addressing landscaping requirements at the time of Site Development Plan application, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use to allow earth mining and the related processing and production of material. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions Page 7 of8 .Agenda Item No. 17E; April 22, 2008 Page 8 of 19 regarding conditional uses are quasi-judicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or Staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of thc Conditional Use requiring four affirmative votes of the Board. MMSS RECOMMENDATION: Staff and the CCPC recommend that the Board of Zoning Appeals (BZA) approve CU-2006-AR- 9337 subject to conditions of approval which have been incorporated into the attached Resolution for adoption. PREPARED BY: Willie Brown, Principal Planner, AICP Department of Zoning and Land Development Review Page 8 of8 Item Number: Item Summary: Meeting Date: Page 10f2 Agenda Item No. 17E April 22, 2008 Page 9 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HE This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, CU-2006-AR-9337 Barron Collier Partnership, LLLP, represented by George L. Varnadoe. Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP; and Agnoli, Barber & Brundage, are requesting a Conditional Use of an earth mining operation and related processing and production of material within a Rural Agriculture with a Mobile Home Overlay (A-MHO) Zomng District, a portion of which is located in a Stewardship Sending Area 9 (BCI/BCP-SSA-9), pursuant to Section 2.04.03 of the LDC, for a project to be known as South Grove Lake. The subject property, consisting of 16957 acres, is located in Sections 17 and 18, Township 48 South, Range 29 East. Collier County. Florida, 4/22/2008 90000 AM Prepared By Willie Brown Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 3/26/20082:35:37 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 3/26/20084:30 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 3/28/200810:01 AM Approved By Judy Pufg Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 3128/200810:03 AM Approved By Norm E. Feder, Alep Transportation Services Transportation Division Administrator Date Transportation Services Admin. 4/1/20088:06 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 4/7/200812:52 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Deveiopment & Environmental Services Admin. 4/11/200811:01 AM file:IIC:\A!!endaTest\ExDOli\ 1 05-Anril%2022. %202008\ 17. %20SUMMAR Y%20AGENDA... 4/16/2008 Approved By Susan Murray, AICP Community Development & Environmental Services Page 20f2 Agenda Item No. 17E April 22, 2008 Page 10 of 19 Zoning & Land Development Director Date Zoning & Land Development Review 4/14/200812:19 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 4/14/20081 :05 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 4/14/20082:28 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 4/15/200812:50 PM "I',,' file://C:\ASlendaTest\Exoort\ I 05-Aoril%2022.%202008\ 1 7.%20SUMMAR Y%20AGENDA... 4/16/2008 AGENDA ITEM 9-A Agenda Item No. 17E April 22, 2008 Page 11 of 19 Co~-y County =~~-'=--" STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DNISION HEARING DATE: MARCH 20, 2008 SUBJECT: PETITION CU-2000-AR-9337, SOUTH GROVE LAKE CONDITIONAL USE AGENT/APPLICANT: OWNER: Barron Collier Partnership, LLLl' 2600 Golden Gate Pkwy, Suite 200 Naples, FL 34105 AGENT: George L. Varnadoe, Esq. Chefry, Passidomo, Wilson, & Johnson, LLP 821 Fifth Avenue, South Naples, FL 34102 REOUESTED ACTION: To have the Collier County Planning Commission (CCPe) review a Conditional Use (CD) application for an eatth-mining operation in an Agricultural (A) with a Mobile Home Overlay (A/MHO) Zoning District, a portion of which is located within State Stewardship Sending Area 9 (BCIIBCl'.- SSA-9), as specified pursuant to Section 2.04.03, Table 2, and Section 4.08.063.3.b of the Collier County Land Development Code. GEOGRA1>mc LOCATION: The subject property is located along Oil Well Road (CR-858), east of the Immokalee Road (CR- 846)1 Oil Well Road (CR-858) intersection, in Sections 17 and 18, Township 48 South, Range 29 East, Collier County, Florida. (See location map on (he following page). PURPOSEIDESCRIl>TION OF PROJECT: The petitioner is seeking approval for an earth mining operation on 158.7" acres of land to allow the following excavation: . Earth mine (proposed west lake of 41.6 acres) . Storm water management lake (proposed cast lake of 89.4 acres) 1 l\genda !tem No. 17E April 22, 2008 Page 12 of 19 Materials removed from the site would be used primarily to provide fill material for the Oil Well Road, Camp Keais Road, and Immokalee Ruad widening projects. The subject property presently consists of row crops and citms grove. The proposed earth mine would be split into two sections by a proposed access road to Ave Maria from Oil Well Road. As a stipulation of approval, the entry road (when ~reated) must have a minimum 75-foot radius and must have a minimum 100-foot th1'Oat length from the existing edge of paving at Oil Well Road. No turn lanes are required, The eastern and western lakes were are approved for construction and operation by South Florida Water Management District (SFWMD). . The 89.4 acre eastern lake, as approved by SFWMD ERP Pcrmit No. 11-023 36-P, is -permitted to provide water quality treatment and storm water storage for lUn-off from the existing sod farm. The lake will also provide water quality treatment and storage for a portion of the proposed Oil Well Road widening. There is currently no water quality treatment or storage for the existing Oil Well Road. A portion of the current run-off for Oil Well Road currently enters "untreated" into a ditch that leads to Camp Keias Strand. . The 41.6 acre westem lake, as previously approved by SFWMD ERP Permit No. 11-02336-P, is pennitted as a b\llTOW pit However, this lake is strategically located adjacent to marsh creation areas within the HSA, and is not near agricultural areas or development such as the eastern lake. In addition, there is one 0.41 acre isolated wetland on site, which would be surrounded by a re-created 25-foot upland buffer. Tllis wetland would be preserved and enhanced by the removal of exotics. The project is located entirely within the Rural Lands Stewardship Area (RLSA) overlay. The majority of the site is designated as "open lands" and will not impact areas identified as Flowway Stewards1lip Area (FSA) or Water Retention Area (WRA). Earth mining is a permitted activity within the RLSA Overlay District subject to conditional use approval. The westem portion of the site, approximately 30.2 acres, extends into the Habitat Stewardship Area (HSA). Earth mining is a permitted use in HSA's with a natural indcx of 1.2 or less (but is limited to 20 percent of a site) unless located within an "pproved Stewardship Sending Area. Stewardship Sending Area 9 (SSA #9) was approved by the Board of County Commission (BCe) on February 13,2007, pcrmitting non-agricultural uses including earth mining activities in HSAs. The project plan minimizes impact to listed species and their associated habitats by proposing appropriate protection measures during project construction and operations activities. The only area of native vegetation that exists is in the isolated wetland, and a 25-fuot upland buffer, as previously mcntioned, is proposed around the wetland. Thus, native vegetation would not be impacted. Listed wildlife speeics observed in range of the 3 Agenda Item 1'-10. 17E April 22, 2008 Page 13 of 19 GROWTH MANAGEMENT PLAN (GMP): Future Land Use Element: The subject property is designated Agriculture/Rura1, RLSA Overlay on the Future Land Use Map. Thirty (30.2) acres of the 131.0-acre proposed excavation area is located in a Habitat Stewardship Area (HSA), of which 25 acres would be excavated. The remaining 106.0 acres proposed for excavation is located in an "Open" area, which has a Natural Resource Indcx (NRI) of 1.2 or less. Policy 3,7 of the RLSA Overlay allows earth mining as a conditional use within HSA lands with a NRI of 1.2 or less. The applicant states that the area proposed for ellth mining operations has a NIU value of 1.2 or less, Further, the applicant on September 22, 2006, submitted an application for approval of Stewardship Sending Area #9 (2006-AR- 10553) which has been approved. The Comprehensive Planning Department leaves the verification of the NRI values to the Environmental Sen'iees Department, Policy 5.3 of the RLSA Overlay limits site clearing and alteration within the HSA to 20 percent of the propelty for non-agricultural uses, unless the activity is within an SSA. On February 13,2007, the Board of County Commissioners approved SSA #9. The west 25 acres ofthc subject propelty is located within SSA #9 and within an HSA, and Policy 5.3 permits non-agricultural uses, including excavation to exceed 20 percent ofthe subject 25 acres. In summary, this application can be found consistent with the Future Land Use Element of the Growth Management Plan. Policies 3.7 and 5.5 of the RLSA Overlay requirc an Environmental Impact Statement and additional demonstralions of environment compliance based on specific site conditions. The Comprehensive Planning Department leaves the determination of compliance with these and related LDc provisions with the Environmental Sel"Vices Department. FLUE Policy 5.4 requires new land uses to be compatible with the sUlTounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as palt of their review of thc petition in its totality. However, staff would note that in reviewing the appropriateness of the requested uscs/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nell'by propelties as to allowed use intensities and densities, development standards (setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc. Bascd on the above analysis, the proposed conditional use may be found consistent with the Future Land Use Element of the Growth Management Plan, ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the P1mming Commission must make findings that: (I) approval of the Conditional Use will not adversely affect the public interest; and (2) all specific 5 Agenda Item No. 17E April 22, 2008 Page 14 of 19 are all permitted uses within thesc zoning designations. Thus a negative impact to neighboring properties is not anticipatcd. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Engineering and Environmental Services staff has reviewed this petition and recOlmnend the following: . The mitigation plan to compensate panther (Felis conc%r cO/yO habitat impact by the project proposcd by the applicant shall be approved by the US Fish and Wildlife Service (USFWS); . The Conservation Easement for the on-site wetland preserve shall be approved prior to the Excavation Permit issuance by Collicr County; . Littoral Shelf PlaJlting Area final location for eastern lake shall be approved prior to the Excavation Pernlit issuance. The EAC heard this request on March 5, 2008, and unanimously recommended approval subject to staff stipulations as set forth above. PUBLIC UTILITIES: Public Utilities does not havc an objection to this project. The project is within the Ave Maria Utility Service Area. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda l3edtelyon, Community Planning Coordinator: The applicant held the required meeting on December 11,2006 at 6:00 p.m. at the Collier County IFAS Agricultural Extension Office, 14700 Immokalce Road, Naples, Florida. The applicant, his representatives, and county staff were present; however, no one from the public anived/attended. STAFF RECOMMENDA nON: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-2007-AR-9337 to the Board of Zoning Appeals with a recommendation of approval subject to the following conditions: 1. The conditional use approval to allow earth-mining shall be limited to what is depictcd 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 westel11 emth minc lake and eastern storm-water managemcnt lake, tOialing no more than 13\ acrcs as 7 PREPARED BY: w ~ ~b,>n WILLIE BROWN, AlCP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEF ~CHI . KLATZKOW ASSISTANT COlJNTY ATTORNEY YM D . BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '-1'Y1 -~-D__ A1JSAN MURRAY ISTENES, AlCP, ZONING DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: L-<-T ~ PHK. SCHMITI, ADMINISTRATOR t~ MUNITYDEVELOPMENT & ENVIRONMENTAL SERVICES T1us project is tentatively scheduled for the Bee's April 22, 2008 meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Attachments: Exhibit A - Findings of Fact Agenda Item No. 17E April 22, 2008 Page 15 of 19 ~\2;;:1~ DATE ~d-q /08 ATE 3- 3-0't DATE 2> /1 /08 DATE . J/1 to (' DAT DATE ,b,genda i1em No. 17E April 22, 2008 Page 16 of 19 RESOLUTION 2007- 36 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 789,4 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCIIBCP SSA 9," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCIIBCP SSA 9, APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR BCIIBCP SSA 9, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SeNDING AREA WHEREAS, Barron Collier Investments, Ltd. (BCI), a Florida Limited Partnership and Barron Collier Partnership (BCP), a Florida Ganeral Partnership, own approximately seven hundred and eighty nine and four tenths (789.4) acres located within the boundariea of the Rural Landa Stewardship Area Zoning Ovarlay District ("RLSA District") located In Collier County, Florida; and WHEREAS, Owner has voluntarily requosted that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Saclion 408.06 of the Collier County Land Development Code ("LOC"); and WHEREAS, Owner has submitted a SSA Deslgnalion Application ("Application") for the BCI/BCP SSA 9 land; and WI-lEREAS, Collier County Staff has reviewed the Appllestion. aiong with support documentetlon and informalion required by Section 4.08.06 of the LOC, and determined that the Application Is legally suHicienl; end WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI/BCP SSA 9 Stewerdshlp Credit Agreement and BCIIBCP SSA 9 Stewardship Easement Agreement are in compHance with, and meet the requirements of the LDC, and provide a substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board thai: 1. BCi/BCP SSA g, as described in atteched Exhibit 1, consisting of approximately seven hundred and eighty nine and four tenths (789A) acres is hereby designated as a Stewardship Sending Area ("SSA"), and will be officially designated as "BCI/BCP SSA g" on ihe Official Zoning Atlas Map. 2. The BCIIBCP SSA 9 Stewardship Credit Agreement, attached hereto as Exhibit 2, meets tha requirements of Secllon 4.08.06 of the LDC and the Board hereby approves the BCI/BCP SSA g Slewardship Credit Agreement. 3. The BCI/BCP SSA 9 Stewardship Easement Agreement, attached hereto as Exhibit 3, meets the requirements of Section 4.0B.06 of the LDC and tho Board hereby approves the BCI/BCP SSA 9 Stewardship Easement Agreement. Agenda Item No. 17E April 22, 2008 Page 17 of 19 4. The Board hereby establisheB. grants and assigns four thoul;Iand four hundred and eighty one (4,481.0) Stewardship Cradits to the Owner, which may be sold, transferred, or otherwise uUllzed by the Owner In accordance with Section 4.08.04 of the LDC. 5. The Board hereby establishes and authorizes an addllional two thousand seven hundred and sixty fiye and six tenths (2,765.6) Slawardship Cred~s to be transferrad to the Ownar undar tha tarms of Ihe Credit Agraamant allachad hareto as Exhibit 2. The Board furthar approves and authorize. tha accaptanca of the Stawardship Easement Agreement for the BCIIBCP SSA glands. 7. By Its dasignation of the lands described in Exhibit 1 as a Stawardship Sanding Araa, tha County shall not haraafter grant or approve any Increase in the density or additional USGS beyond those uses specifically authorized In the BCI/BCP SSA 9 Cradlt Agreemant. THIS RESDLUTION ADOPTED this ~ dey of F'ebr'l<HV 2007, aftar a Motion, seconded, and majority vote favorfng same. { 6. :..l'.l'}h~ 'I.>,,';"'~~""""', ;~. . '., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Com sioner JIm Coletta. Chairman By: ;jta~e 01 . U.HtIUI\ :O.OlJl 01 COLLIER I HERESY CERTI\1"THAPhlsls alJlleand correct c:c.py ~l::~ f.I\iCllII'O'ft'G[1 tile. I'n 8o:lll'lJ M!r,L.!1'36 :1!:lC; ~lf':""':i',~ df.,Collklr Collnr, wr:rt4E<'....s mj' 1~:1..lkB'jll..t.~,I~t.j;Jl!seal this - " '..:;.c, , .:: d?Jy';;Jf'" W'''f4''7~ "; , ~ ,:', ' ,:; ~ OWIGHT E.BROcl<;tl211k . COORfS lll'l ~~_., D.C, __ ::::::_ ,.0>,genda Item No. 17E April 22, 2008 Page 18 of 19 South Grove Lake Traffic Assessment " 212012006 Revised 9/12/06 Total Excavation = Daily Excavation Capacity = Excavation Duration = 5,919,800 cy 5,000 cy/day 1,184 days with one drag line Hauling assumptions: 1. Hauling to adjacent road projects will be via off road end dumps, capacity = 25 cy 2. On road truck capacity = 18 cy for hauling elsewhere In the County Fill Utilization: Oil Well Road = # of off road trucks = Days of fill production = Trips per day = Trip Ends = 1,100,000 cy needed 44,000 220 200 400 (assume all 16 miles to be filled) (one dragline only) Camp Keais Road = # of off road trucks = Days of fill production = Trips per day = Trip Ends = 550,000 22,000 110 200 400 (assume 1/2 of Oil Well Road volume) Net available for other uses = 5,919,800 1,100,000 550,000 4,269,800 cy Time to excavate remainder = On road trucks = 854 days 237,211 Trucks per day at capacity = 278 trips per day (these are the estimated trips not associated with road work) AMIPM Peaks: Assume trips are evenly distrubuted during a 12 hour work day. Daily trips = Hours per day = 278 12 Hourly Volume = 23 AM Peak = 23 trips per hour PM Peak = 23 trips per hour llJcom I'--O~ ~o_ ,.., NO N'm N~ ~= Q.) <ll~'" _ "-ro ;<(0- u c <ll g: , I I .J s g ~ E--l V'1 H Q ~ E--l ~ >= ~ i:I: E--l 8 r./J rll' ."':',. . :2:5<"'>; . .' !' I . ./ ,XiF' _ ~, z~.,. _ ,'" - ..P/(').{J-y-) ~.' / ;/ Y'" . /;:1 ;/;/" __,.- J J ,:.~~J . / -,' ":/ . ~ .; ,J;.;- ':" ..~.v..,. . r' -v I T -/em ;;if /7E i1pri I 0-0- J ()o ~ RESOLUTION 08-_ A RESOLUTlON OF THE BOARD OF ZONINO APPEALS 01' COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OP A CONDITIONAL USE WITIIIN A RURAL AGRICULTURE (A) wrrH A MOJJ1LE !lOME OVERLAY ZONING DlSTRICf (A-MHO), A PORTION OF WHICH IS LOCATED WITHIN STEWARDSHIP SENDING AREA 9 (BCIIBCP-SSA-9), TO ALLOW EARTH MININO AND TIlE RELATED PROCESSING AND PRODUCTION OF MATERIAL FOR A PRomCf TO BE KNOWN AS SOUTII GROVE LAKE LOCATED ON OIL WELL ROAD IN SECfIONS 17 AND 18, TOWNSIIlP 48 SOUTH, RANOE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of (he Stulc o[Florida ia Chupler 67-1246, Laws of Florida, flnd Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as me necessary for the protection of the public~ and WHEREAS. the County pursuant therelo has adopted a Land Development Code (Oniillance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zolling of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Buard uf Zoning Appeals, being the duly appointed and constituted planning board for the. area hereby affected, has held a public hearing after notice as in sllid regulations mlldc ami provilled, 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 allow earth mining and tbe rehlted processing and production of material within a Rural Agriculture (A) with a Mobile Home Overlay Zoning District (A~MHO), a portion of which is IOClHcd within Stewardship Sending Area 9 (BCJ/BCP-SSA-9), on the properly described ill Exhibit "D," and the Collier County Planning Commission has found as a matter of fact (Ex.hibit "A") that satisfactory pi'Ovi.'lion and arnUlgcmcnt havc been made concerning all applicable matters required by said regulations ,md in accordmlcc with Subsection 10.0&.00.0. of the Land Development Code; and WHEREAS, all interested parUes have been given opportunity to be heard by this Bonrd in a public meeting <lssembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED I3Y THE 130ARD OF ZONING APPEA(.~ or COLLIER COUNTY, FLORJDA. that: Page I 01'2 '1')'\ '1Y' ()P- 1&(/' Petition CU-2006~AR~9337 filed by George 1.. Varnadoe, li'iq., of Cheffy, Passidomo, Wilson and Johnson, LLP, representing BUff Oil Collier ParlnerslJip, LLLP, wilh n:spcdlo the property described in Exhibit "B," attached hereto find incorporated by reference herein, is hereby .approved for a Conditiotull Use pursumlt to Section 2.011.03, 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 Agricll1tun.~ (A) with n Mobile Home Overlay Zoning District (A-MHO), a portion of which is located witbin Stewal"dship Sending Area 9 (BCUBCP-SSA-.9), for a project tu be knuwn as South Grove Lake., ill accordance with the Conceptual Site Phm (Exhibit "e") and subject to the conditions set fortb in Exhibit "D," 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 nfter mOlioll, second and supel"-mnjority vote, this _ day of ,200R. ^'ITP$I': DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLl.iER COIJNTY, FLORID^ By: By:___ TOM I-IENNING. Chairman , Deputy Clerk Approved as to form and legal ,~uft1ciency: Exhibits (aLtached): A, B. C. D. Findings of Fact Legal Description Cunceptual Sile Plan Conditions of Approvul Page 2 of 2 Tfan tiE: 1rlTl'1p/l-- L.(}6IiP :r:kYn lle BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-9337 The following facts are found: 1. Section <text> of the Land Development Code authorizes the conditional use, ---2. Grantingthe-conditional use-wiH-nokldversely -aJfect-tl1ll-puMie-IDterest ancLwill.not .____a.9-ver~~y. af["!.c.t otherp!~],Jelty ~11.s~s in the same district or neighborhood because of: "-_.~.-~-, .,'-,--~. A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress 8l1d egress to property and proposed structures thereon with particular reference to automotive and pedestri811 safety and convenience, traffic flow and control, and access in ease of fITe or catastrophe: Adequate ingress & egress Yes.-L' No_._ C, Affects neighboring properties in relation to noise, glare, economic or odor effects: ,/No affect or _ _ Mfect mitigated by <text> __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes i/ No Based on the above fIndings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: 'i"/'Od')'( CHAIRMAN: IA-)\ ~ EXHIBIT A -/711l?,{)-(J- ?, "D/!- S-fcm tl E FINDING OF FACT BY COLLLER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR /~'/JI< -iJ'J7 The following facts are found; 1 . Section <text> of the Land Development COde autnorized-the- conditional.use:-- 2, Granting the conditional use will not adversely affect the public interest and win not adversely affect other propeIty or uses in the same district or neighborhood . beGauseQ f~.--- A. Consistency with the Land Development Code and Growth Management Plan; YCs.!L' No_ B. Ingress and egress to propelty and proposed structures thereon with particular referencc 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 v' Affect mitigated by <text> - -- _ Affect cannot be mitigated D. Compatibility with adjacent properties and other propelty in the district: Compatible usc within district Yes ./. No Based on the abovc fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE:_'? - 2()_ of?' MEMBER: 7hm/.2(.L. -"[<>-[,/0 :r -laYI (10 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: ----r:- -- .sec:tiori<TeXt>OfTheCanCl DevelopmetiCCodeautl'[otlzed"t1re-=ditilllTall,"~, 2. Granting the conditional use will not adversely affect the public interest and will not adversely affcct other property or uses in the same district or neighbDrhood becauseof:___ __._. _ ____._____._____ .......... ..... ..._... A. CDnsistency with the Land Development Code and Growth Management Plan: YesL No_ B, Ingress and egress to property and proposed stmctures thereon with particular reference to automotivc and pedestrian safcty and convenicnce, traffic flow and control, and access in case of fire 01' catasll'Ophe: Adequate ingrcss & egress Yes_~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ct mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent propelties und othcr property in the district: Compatible usc within district Yes_~_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. MEMBE~ ~ DATE: :, / -;;) L) J D ?; I I -nn-nflfJ- ';,71/:,1& J3eiYl liE FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: Section.-s:textLllLthe..Land.lleY1l1opmcnt...C.od~uthorized1heJ::onditi onal use -z, Urantli1g1lie condruonal use WIll not adversely alleCflhe pulilictffterestll1'fdwitl not adversely alfect other propetty or uses in the same district or ncighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Ycs /No B. Ingress and egress to property and proposed structw-es 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_ e. Affects neighboring properties in relation to noise, glare, economic or odor eHects: _ ~ affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent propetties 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 <text>, DATE: .g;icJ~ Y I I Tnln(l;)- (" 'biG ~ IT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR C U - AR - q311 The following facts are found: 1. ~GGti~_thc-Landj)e.ve1opmenLCode.l.iUlhorizcd the conditional use, 2,- - - GrantiIlg ilie conditional use will nof iiuversCly aff<5Cnlie pub1iCillteresrnnd-wt1!--- not adversely affect other propel1y or uses in the same district or neighborhood because 0 f: A, Consistency with the Land Developmcnt Code and Growth Management Plan: // Yes '/ No B. Ingress and egress to propel1y and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, trank flow and control, and access in case of tire 01' catastrophe: C, Adequate ingress & egress / Yes V No Affects neighboring properties in relation to noise, glare, economic or odm effects: _ No affect or ~feet mitigated by <text> _ Affect calliot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible usc within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be reeonmlended for approval <text>, DATE: J -;( 0 ~_gf MEMBER: ~~/ { r. {nTh/LfJ--. ?---&bi~ :c.=km nF' FINDING OF FACT BY COLUER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CAlL r II' R.. ~cr~~ 1 The following facts are found: 1. Section <text> nfTIleLaiid Developmcnt Code aut1iorized the condiliumtl u,,,. 2. Granting the conditional use will not adversely affect the puhlic 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 proposcd structmes 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 I No C. Affects neighboring properties in relation to noise, glare, economic or odor effect~ : / No affect or _ At Teet mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjaccnt properties and other property in the district: Compatihle use within diS' Yes__ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) he recommended for approval <text>. DATE:---3!:2.0/ Og_ MEMBER:~.trnM..... ~~d-. ~ .- - Ihfhfl--tJ-- S~V(.. :r+crn 17 E' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section <text> oftl1e1..ancf1JeVe]opment Code autnortzeltthe conGitional 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 convenjence, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesj,,_ No__ C, Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Mfect mjtigated by <text> _._ Affect cannot be mitigated D. Compatibility with adjacent properties and other propet1y in the district: Compatible use within district Yes~ No_. Based on the above findings, this conditional use should, with sf ulations, (copy attached) (should not) be recommended for approval <text>. DATE: M~ltClrZO ZW8 7,rrn,o,?- S<W<- -r-lan Of? FINDING 011 FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: L__ . Sectiongexl2....ofthe Land.D.cv.elop.J:nent Code authorized the conditional use, '1.. Gj'arifilfg-ilie conditional use witt!ror1fd~ly affect the publi(; iule.e,l illllI wil1---~ not adversely affect other property or uses in the same district or neighborhood because 0 f: A. Consistency with thc Land Developmcnt Code and Growth Management Plan: Yes /NO_ B. lngress and egress to property and proposed 8tructures thereon with particular refercnce to automotive and pedestrian safety and convenience, traffic flow and control, and ac(;ess in case of fire or catastrophe: Adequate ingress & egress /- Ycs,/' No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: :;;;;0 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 60 Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recOlmnended for approval <text>. . ~ / - 6~({:/ c; ,;r;;r-/ //,,~ b;7Z/ ____ DATE: '3 'YcJ-Of! MEMBER: #..-:7 ,/// -/)1'h]t:?-!7- 100;/.' rtm1 ne- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following fact~ are found: 1. Seetion <text> ofthCTarnr DeveJopmentCode autlIDrized--rhe-conditiunal-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 ?evelopment Code and Growth Management Plan: Yes / No ~. --- B. Ingress and egress to properly 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: c, Adequate ingress & egress / Yes I No Affects neigh horing properties in relation to noise, glare, economie or odor effects: i No affect or Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adj acent prC!perties and other propel1y in the district: I , Compatible use within distr~ Yes L No Ba.~ed on the above findings, this conditional use should, wi 151 ulations, (copy attached) (should not) be recommended for approval <text>. J DATE j f* - MEMBER , I /inn/l-t2- It "/il" ~ LEGAL DESCRIPTION lEGAL DESClUPTION A PARCEL OF LAND LUNG IN SECTIONS \) _~l'In 1&, TOIV1%HlP 4& SOUTH, RANGE 29 EAST, COLLlER COUNTY, F.LOllJDA, BllING ~1ORE P.oIRTICULARL Y DESCRffiED AS FOLLOWS: CO~IMENCING AT TIlIlSOUTIlEASTERL Y CORNER OF SECTION 1&: THENCE NORTH 01'02'14' WEST ALONG THE EASTERLY LINE OF SAID SECTION 18 A DISTANCE OF 150.00 FEET TO TIlE POINT OF BEGlNNli'fG OF THE PARCEL HEREIN BEING DESCRIBED: TIlIlNCB SOUTH 88' 50'46" WEST ALONG A LINE )50.00 l'IlET NORTIlBRL Y FROM AND P ARALLIlL WITH THE SOUTHBRLY LINE OF TflE SOUTHEAST QUARTER (li4) OF SAID SECTION IS A DlSTA.'<CB OF 2,645.04 FEET"; THEllCE LEAv1NG SAID LINE SOUTH 8S'56'26" WEST ALONG A LINE 15ll.00 FEET NORTHERLY FROM AND PARALl.JlL WITH TIlE SOUTIlBRL Y LINE OF THE SOUTfl\llEST qUARTIlR (lf4) OF SAID SECTION 1M DlSTANCll OF 1,314_00 FBET: THENCE LEA.vTh'O SAID Ln<JE- NORTH 00"'10'30" \VB-ST A DISTANCE OF 13:'5.14 FEET; TllENCE .SOUTH 88' I2'W WES T A DISTk'lCE OF sn 18 FEET TO A}: INTERSECTION \\HH TIlE A.RC OF A NON-TANGENT CURVE CONC,WE KORTHEASTERLY AND WHOSE RADlUS POINT BEARS NORTH 61'4&'45' WEST A DISTANCB OF IPl.10 FEET; mENCE NORTHWESTERLY ALONG THE ARC OPSArD NON-TANGENT CURVE THEtOUGIl A CENTRAL ANGLE OF 81'02'28" AN ARC DISTANCE OF 270.30 FEET, THENCE NORTH 10"4.;;'IS" WEST A DIST ANCB OF 392.40 fEET 'TI) THE BEGfi'..lNING OF A (ultV!:: CONCAVB EASTIlRLY AND HAVING AR.WJUS OF ,PI.W FEET; TIlElfeE NORTHERLY ALONG Hill ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OP 22'16'11" AN p.;w:;D13'TANCE OP 3Q7.l1 FEET; THENCE NORTIl WJQ'Q4" EAST A DISTANCE OF 308.21 FEET 10 TflE BEG~.INlNG OF A CURVB CONCAVE SOUTHEASTERLY ANDHA\~NG A RADIUS GF 216.LQFEET; TIffiNCB NORTHEASTERLY ALONG TIlE .I>$.C OF SAID CURVE THROIiGH A (ENTRAL ANGLE OF ?7c26'16~ ANARCDI~TANCEOF It'Ui' FBET; THENCE !'.'ORTH 88'56'20' EAST A DISTANCE OF ~1.42 FEET TO THE BEGINNING OF A CllRVE CONCAVE SOUTHWE.STERLY AND HAVING ARADn:S OF 110_IQ FEET; THENCl! SOUTHEASTERLY ALONG THE ARC OF SAID CL1'-VE THROUGH A CENTRAL ..INGLE OF 73'16'12' AN ARC DlSTANCB OF 148.47 mET; THIlNCIl SOUTH 11'47'18" BA'>! A DISTANCE OF 264.&6 FilET TO THE BEGINNINO OF A CURVE CONC!\. VB NORTHEASTERLY AND HAVING A RADlIJS OP 5&.90 FIlET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CL-a VE 1HROlJGH A CBNTRAL ANGLE OF (2-]0'3&'-' ,A1-;' ARC DISTANCE OF 74,20. FEET; THENCE SOUTH SP'SS'S2' EAST A DISTANCE OF 220.44 FEET; THBNCE NORTH 00'01'40' EAST A DISTANCE OF 275.46 FBET; rnENCE N01tIa F;9~24'19'1iASr ADIS-TANCB OF 3,977.-10 FEET; THENCE NORTH W12'50' EAST A DISTANCB OP 241.19 FEET; 'I'IlB1KE! SOUTH 00'27'04" EAST A D1SBNCE Ql1 1,303.43 FEET TO AN INTERSECTION WITH A LINE 150.00 FEET NORTHERLY FROM AND PARALLEL WITfl THE SOUTHERLY LINE OF THE AFORESAID SECTION 17; THENCE ALONG SAID PARALLEL LINE SOUTH S8'~j'JO" WEST A DISTANCE OF 185.79 FEET TO THE POlNT OP BBGj},'NING OF nIB PARCEL HEREIN DESCRIBED: CONTAlNING .158.68 ACP,ES OF LAND. MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLl, BARIlEP. AND BRUJ-mAGE, INC. PROFESSIONAL El'CilNIlER.S, PLANNERS &. SURVEYORS AND MAPPERS. CU-2006-AR-9337, South Grove Lake CU liE? EXHIBIT B -m1l1 bl-tJ-- I '--"6/ro r:;>I. lIfU ~""o (c.~. ~8) (lOO.ll.o.W.) I ,/! lIT.'l: UlI<UlG _ .IiIIICU~"Tlll!E Ovnu.Tll - 01'81< ~ (a:SINUT) ~ -~- -",IDI -B ~ 1">1'..."".."....C_"L.'" ....._ra::.o,...."....OI<U"".,...... ................-...... ......-..-........ ~......__.............. ,........_1d'I............-.~.'" ~ ~ - EXCAVA1TON =~= . =-.:==.::.-=:.::.::.~...=..-.....- ....!NCNI.......-'I'tlO<_El<f......... f'OI!.__O""""'-""I.PfIO..KT "Tbo.........,"""_.....__........-~__... ........-...""'..,...-.........--......... ___In...._ot...__.............~._ _l<<_....__.._...,..Nl___.. -'""..............'-_..._,-."""'_.......... --......--..-.....---......." ""'..,_........."'.___~Iho_.... -..........-...--.,...--....-... -......--...-.......---... -..-..-........-- ...-.--... T._....,....___...._....._.. _....._._.._...........oI"._'.._E.... -....-................----......- ~-_....._.................._.... ___"""........__...o.t............_ ..-...-...--..---..11\I.... ..........._..___..__"".......,110_ .__....."'_,....poI_tor..._...._.. -..-.........-........--...-... __oIllo.........__._lI__....J"I/C...._ _...._f....-_. -------- ----- =-~~._- j EXHIBIT C o1~ jS; ,,_. ,,'"': ~c-i ~ = " .... I -- ~-- / .,."""",,--< -- (I.llllll ~OolO{v.I1,.~m ...... (l9O'ot.<>.r;,) Conceptual Site Pia "X-1eM llE -r-fCm n E? CONDITIONS OF APPROVAL 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 storm-water management lake, totaling no more than 131 acres as permitted 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 1 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 of Oil Well Road, 6, Quarterly monitoring reports will not be required until the sale of earthen materials form 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 sale of earthen material is beginning and quarterly monitoring will begin, Final version 3-26-08 EXHIBIT D -m 'n~~'k 1'-' -:Jlm1 nE" 8, Upon commencement of the public sale of earthen 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 thc number of heavily loaded vehicles leaving the site. 9, The applicant has the option of making payment in the amount of a $1,00 pel' 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 of road maintenance in lieu of providing for inspections of and rcpairs to the roadway and adjacent roadway network impacted by the heavily loaded trucks coming 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 rcgulations, 11, The Dcpartmcnt of Zoning and Land Development Revicw 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 coryi) 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 thc on-sitc wetland preserve shall be approved prior to issuance of the excavation permit by Collier County, 14, The final location ofthe littoral shelf planting area for the eastern lake shall be approved prior to the issuance of the cxcavation permit. 15, On-site wells shall be capped below the surface to prevent cross contamination of aquifcr and surface waters. Final version 3-26-08 '1n'MM- /f,I,I"