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Resolution 2000-016 13~S RESOLUTION 2000-----1ii A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTH MINING CONDITIONAL USE "1 n IN THE "An RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) 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 Agriculture Zone for earthmining 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 envelopment 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 Mr. Jeff L. Davidson P.E. of Davidson Engineering, Inc., representing TTT, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "I" of Section 2.2.2.3. of the "An Rural Agriculture Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -1- 13 5 Exhibit "D" 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. Done this //~ day of~ , 2000. ~i~Prove'd as to Form and Legal Suffimency: Marjo~e M. Student Assistant County Attorney g:/admin/RESOLUTION/CU-99-28/RB/ts BOARD OP'ZONING APPEALS COLLIER COUNTY, FLORIDA ' '~ , CHAIRMAN -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 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: Bo Consistency _wit/h~ Land Development Code and Growth Management P~~ 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 acc~in case of fire or catastrophe: Adequa~e~/~ngr~ & egress ~es~ No Affects neighboring properties in relation to noise, g~c or odor effects: ~__~ N~t or Affect mitigated by Affect ca--~ be mitigated D. Compatibility with adjacent properties and other Property in the ' ' : Compatible ~~ distriCtNo Based on the above findings, this conditional use should, with stipulations ,nD~o,~ attached) (should not) be recommended for approval £I~rF-L~iDV /~~//~,/~~/ g/admin/FINDING OF FACT CHAIRMAN/CU-99-28/P.B/im EXHIBIT "A'~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 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: ko Consistency with the Land Development Code and Growth Management ~n: 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 & ~ss Yes L/No C o Affects neighboring properties in relation to noise, gl~re/~ economic or odor effects: C/ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible us~ w/ithin district Yes ~' No Based on the above findings, th~itional stipulations, (copy attached)x~-n~not) be approval DATE: g/admin/FINDING OF FACT MEMBER/CU-99-28/RB/im use should, with for MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 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~lan: 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~3 No Co Affects neighboring properties in relation to noise, re, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible".q~e within district Yes No Based on the above findings, this conditional use should, with not (should ~ for stipulatior~_ (co_p_%5 attached) approval 7a~)'~ ~ ~->~ . g/adrmrgFINDING OF FACT MEMBER/CU-99-28/RB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o 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 thL~d Development Code and Growth Management~: 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 catastrophe: Adequate ingress &_~ress Yes K No or C o Affects/neighboring properties in relation to noise, glare/economic or odor effects: wz No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~hin district Yes ~/ No Based on the above findings, this conditional use should..~ith stipulations, (copy attaqhed) (~ be recommen~/for approval ~_~ ~ - / ~ g/adrnin/FINDING OF FACT MEMBER/CU-99-28/RB/irn FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o 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 Co 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 / j 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 use within district Yes ~ No Based on the above findings, ~hf~~tional use should, with stipulations, (copy attached)((shoul~ot) be recommended for approval . ~ __~ g/admin/FINDING OF FACT MEMBER/CU-99-28/RB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o 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 B o 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 & e~ress 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 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, ~s--~ditional use should, with stipulations, (copy attached)k(should~not) be recommended for approval g/admin/FINDING OF FACT MEMBER/CU-99-28/RB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o 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 Plan: Yes ~/ No S o 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 u// No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~// No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~// No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: J ~.//~./!q~9 MEMBER: g/admin/FINDING OF FACT MEMBER/CU-99-28/RB/im 13 5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-28 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o 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 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 & 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 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No stipulations, (copy attached) approval Based on the above findings, this conditiona~l~Lu~should,__with (should not~ be recommeh~ded DATE: !~-- 1~[~9~ MEMBER: ~_I~ (~b~ ~ g/~Imin/FINDING OF FACT MEMBER/CU-99-28/RB/im 13A5 LEGAL DESCRIPTION THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, LESS THE SOUTH 30 FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY, SECTION 24, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Subject to restrictions, reservations and easements common to the subdivision, and taxes subsequent to 1998. Grantors warrant and represent that this property was unimproved, vacant, nonhomestead land at the time they acquired it, and it has so remained throughout their ownership. EXHIBIT "B" S 89D 36' 89' 66~99' LIN?ORAL ZONE LENG?H = 1~ LF PI~OP~S~ ~ P~E AREA NATL'RA£ GROUNDIS N~Y 1~ 89D 50 ' EX~SITNG DRIVEWAY (80' RIGlrr OF ~AY) CONCEPTUAL SITE PLAN EXHIBIT "C" 13A5 CONDITIONS OF APPROVAL CU-99-28 b) c) 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 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 of the Collier County Land Development Code. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. Prior to Final Site Development Plan approval a note on the plan shall indicate that all exotic vegetation as defined in Section 3.9.6.4.1 of the Collier County Land Development Code (LDC) be removed from the entire site. In addition, the property owner shall be responsible for subsequent annual exotic removal per Section 3.9.6.6.5. Of the LDC. The required turn lanes on CR-846 as required and approved by the Transportation Services Department shall be in place prior to the start of construction. EXHIBIT "D"