Resolution 2001-453
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RESOLUTION NO. 01- 453
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A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF EARTHMINING CONDITIONAL USE "1" IN THE "A"
RURAL AGRICULTURAL ZONING DISTRICT PURSUANT
TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
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WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power
to establish, coordinate and enforce zoning and such business regulations as are
necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County,
among which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed
and constituted planning board for the area hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered the
advisability of Conditional Use "1" of Section 2.2.2.3. in an "A" Rural Agricultural Zone
for earth mining on the property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been made concerning
all applicable matters required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County Planning Commission;
and
WHEREAS, all interested parties have been given opportunity to be heard by
this Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of
Collier County, Florida that:
The petition filed by RWA, Inc., representing Hideout Golf Club, Ltd., with
respect to the property hereinafter described as:
The North 1/2 of the Northeast 1/4 of the northeast 1/4 of Section 25,
~h, Range 26 East, Collier County, Florida.
-1-
be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the
"A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual
Master Plan (Exhibit "B") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and majority vote.
Donethis c~"'~~ dayof /~~m~~ ,2001.
BOARD OF ZONING APPEALS
~ . COLLIER COUNTY__,FLORiDA
· JAM~. CARTER, Ph.d., CHAIRMAN
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Approved,i~s,to worm and
Legal Sufficiency:
~a~ ~ ~tud~t-
Assistant County A~ornoy
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
1. Section __2 2.2.3 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes / No
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress~ egress
Yes ~No
Affects neighboring properties in relation to noise,
glare~ economic or odor effects:
u~/ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes /No
Based on the above findings, this conditional use.~ith
stipulations, (copy attached) (~ not) be recom~a ~or
approval ___ · . ~~ ~ [~
EXHIB~ "A" ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
1. Section __2.2.2.3. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~'~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ,/ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
~"-'Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE:~
MEMBER:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
Section 2.2.2.3. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with th~/Land Development Code and
Growth Managementyes ~'¢~n:No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: & ~gress
Adequate ingress
Yes ~ No
Affec~ neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect c'annot be mitigated
Do
Compatibility with adjacent properties
property in the distr/.'ct:
Compatible use/~ithin district
Yes V No
and other
Based on the above findings, this conditional use should, with
stipulations, (copy, attached) (should not) be recommended for
approval/_ /_AP~OV~ ·
DATE: /////0/ MEMBER:
FINDING OF FACT'
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
Section 2.2.2.3. of the Land Development Code
authorized the conditional use.
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:
Ac
Consistency with the Land Development Code and
Growth Management Pl~an:
Yes %-- No
Bo
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &.ggress
Yes ~ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
% No affect or Affect mitigated by
Affect c~nnot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use/within district
Yes V No
Based on the above findings, t~itional use should, with
stipulations, (copy attached)qshoul_~d;not) be recommended for
approval, i '1"~'~---"~''~-'~'i'-ii'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
1.
Section 2.2.2.3. of the Land Development Code
authorized the conditional use.
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:
Ac
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
Bo
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible u~ within district
Yes v No
above findings, this conditional use~
, (copy attached) (should not) be recommer~m~a
/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
The following facts are found:
1. Section ~2.2.2.3. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management P~:
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &.~ress
Yes F No
C.Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or /'Affect mitigated
~_~ Affect ca--~-~ be mitigate~ //.
D. Compatibility with adjacent properti~and other
property in the district:
Compatible use within distri~ Yes l/ No ,/ _
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should~ot) be recommended for
approval ~ER
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
1. Section __2.2.2.3. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes ~( No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes Y, No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
~ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No ~
Based on the above findings, this conditional use~ with
stipulations, (copy attached) (should not) be recommended for
approval ~~
DATE: '1-,-0, MEMBER:~ ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-371
The following facts are found:
Section 2.2.2.3. of the Land Development Code
authorized the conditional use.
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:
ao
Consistency with the Land Development Code and
Growth Management PI~:
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & eg~ess
Yes ~/No
Affects neighboring properties in relation to noise,
glare, economic or odor.~effects:
No affect or ~/Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, (~py attached) for
approval
DATE:
(should not) be r.~ommended
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CONDITIONS OF APPROVAL
CU-2001 -AR-371
This approval is conditioned upon the following stipulations:
The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of the uses identified and approved within this conditional use application, or
major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review and Approval, of the Collier County Land Development Code,
Ordinance (91-102).
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation, or other construction related activity, an historic or archeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped, and the Collier County Code Enforcement
Director shall be contacted.
This excavation shall comply with the requirements of the Excavation Ordinance.
This Conditional Use shall expire 12 months after the date of issuance of the Clearing
Permit. All hauling activities shall take place between 8:30 AM and 3:30 PM. Fill trucks
shall not be allowed to use 13th Street bridge.
5. Blasting shall require a blasting permit and shall be limited to 4 weeks in duration. There
shall be no blasting prior to 12.00 Noon. Pre-blasting survey shall include all homes
abutting the subject site.
7. The excavation will be limited to a bottom elevation of 20 feet below original grade.
8. Off-site removal of the excavated material shall be subject to the standard conditions
imposed by the Transportation Services Division in the attached document dated May
24, 1988.
An exotic vegetation removal, monitoring and maintenance plan for the site shall be
submitted to Planning Services Section Staff for review and approval prior to any
excavation work beginning on the site.
10.
petitioner shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) regarding potential impact to protected wildlife species on-
site.
11.The applicant must obtain an agricultural clearing permit prior to any on-site
clearing.
EXHIBIT "C"
Page 1 of 3
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
"71]
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
o
Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
The Transportation Services Administration reserves the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy track
loadings leaving the permit's property conform to the applicable weight restriction.
o
The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
Exhibit "C"
Page 2 of 3
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
Control of size/depth/number of charges per blast by the Development Services
Director.
Do
The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended.
Reference to letter of 5/24/88
Revised 1/13/98
Exhibit "C"
Page 3 of 3