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Resolution 2000-469 13A3 RESOLUTION NO. 2000-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "1" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR EARTHMINING ON PROPERTY LOCATED IN SECTION 18, TOWNSHIP 51 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 ofthe 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" 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 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 D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, representing Joseph E. Townsend, Trustee, 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 "A" Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 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. -1- 13 A3 This Resolution adopted aft~ majority vote. Done this ~ day of , 2000. BOARD OF ZONING APPEALS COLLIER CO~TY ~A BY: ~ JAMES D. CARTER, PhD., CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk ~.. ~.~ .~ ~/7 .,,~"lc.~ .~ .., test as to Chlf......., Approved as to Form and S1gRlture on11. Legal Sufficiency: ~ ~.Ik-,Ah~ Mar.i . e 'M. Student Assistant County Attorney g:/admin/CU-2000-14/ RESOLUTlON/SM/im -2- 13A3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-14 1. following facts are found: Section ;(( ~/;;o; F:. / authorized t e conditional of the Land Development Code use. The 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 V 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 ingres~& egress Yes V No C. Affects neighboring properties in relation to noise, gl;7' 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~istrict Yes V No Based on the above findings,~t~nal stipulations, (copy attached~) be approval DATE: /1- /fJ-ti~ with for EXHI 13A3 Exhibit B CU-2000-14 The E Yz of the W Y2 of the E Yz of Section 18, Township 51 South, Range 27 East Lying North ofD.S. 41, Collier County, Florida. Same being 42.5 acres. AGRIQJL~M: ZCNED A' . . . . . . 13f3 ~ . , . s:w.E '--DI'-o- . II . "i . ~ . . . . . . II II N B~ ...... ~i i .1" a J& .~ ;- s . . CJ ~ETLAND CREATION AREA SUBJECT . TO AGENCY COORDINATION . I~ . NOTES. ~ . -ALL ACREAGES ARE APPROXIMATE AS NO BOUNDARY SURVEYS ~ERE DONE. ~i . -THESE DRA~INGS ARE FOR PERMITTING PURPOSES . ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. . -SITE PLAN BY Q. GRADY MINOR 8. ASSOCIATES. . . . . . . . . . ~ TurnU .t .Aaociata. IDe. ~ __ I: ...... nh' ( .... 11IM ~ ~ -r .I.w. ...... .. ...... n. .-ca PbaIuI: (M!)...... ru: (MI.) Ita ... :l-1IU.1L: ---..... " - 1:1 I TOWNSEND FILL PIT PROPOSED SITE PLAN IEYIIaIII Exhibit c cu - 2 000-14 Page 1 of 2 of Exhibit D CU-2000-14 13A3 Subject to the following conditions: b. The Planning Services Department Director may approve minor changes in the location of the use within the building or 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 No. 91-102). b. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. 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, for this site, a minimum of 5.4 acres of the native vegetation shall be retained on site. d. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to the issuance of a Vegetation Removal Permit. This plan shall include methods and a time schedule for removal of exotic vegetation within all conservation/preservation areas and shall commit to an annual removal plant at a minimum (3.9.6.6.5. LDC). e. Permits or letters of exemption from the U.S. Army Corps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to the issuance of a Vegetation Removal Permit. f. The petitioner shall retain the services of a limnologist prior to submitting for the excavation permit, to insure that the lake depth will not create a Meromictic condition. Should the limnologist determine that the potential for a Meromictic condition exists, the lake depth shall be dug in accordance with the limnologist's recommendations to avoid the occurrence of a Meromictic condition. g. Within the required landscape buffers, the petitioner shall retain the existing native vegetation to the greatest extent possible.