Agenda 05/14/2024 Item #16A 3 (Staff interpretation of the limited used of public roads adjacent to the Town of Ave Maria)05/14/2024
EXECUTIVE SUMMARY
Recommendation to approve a staff interpretation that the limited use of public roads adjacent to the Town
of Ave Maria SRA (Town) may be used for the intermittent hauling of fill material so long as the material is
only being relocated within the Town and that any damage to the public road is the sole responsibility of the
permit holder to repair.
OBJECTIVE: To have the Board of County Commissioners (“Board”) review staff’s interpretation that the
movement of fill material for the sole benefit of the Town may from time to time use public roads so long as the
Town agrees to repair damage, if any, caused by the activity.
CONSIDERATIONS: The Town was originally approved through Resolution Nos. 2004-89, 2005-234A, and
amended by Resolution No. 2023-119.
Language within the Town’s plan (p. 149) states:
“Clearing, Stockpiling, and Fill Storage
Fill storage is generally permitted as a principal use throughout Ave Maria. Fill material may be transported
to and stockpiled upon areas that have been disturbed (farmed) or as shown as development areas on an
approved Site Development Plan (SDP), Final Subdivision Plat (FSP), or Vegetation Removal and Site
Filling Permit (VRSFP).” ….
It has been the historic practice of the Town to excavate and freely move fill material within the boundary of the
SRA, as needed to develop the Town. This activity has recently used a small portion of Oil Well Road
(approximately 1,300’) to move fill from the Arthrex Commerce Park site to roadway construction within the
Town. Staff has met with representatives of the Town to discuss the literal interpretation and applicability of the
code and identified that utilizing the adjacent public roadways to transport fill throughout the Town would
technically require a commercial excavation permit. Staff and representatives from the Town believe that the better
way to permit this activity is through a development condition and, for full transparency and the avoidance of
doubt, to obtain Board concurrence.
Recently, staff used clarifying language in the Rivergrass SRA (Resolution No. 2020 -24, as amended) that allows
the movement of fill more explicitly for the sole purpose of the SRA development using public roads so long as that
activity is not for the sale of fill to the general public:
“VI. EXCAVATIONS
The following criteria shall apply to excavations within the Rivergrass SRA: (1) All excavation permit
applications within the Rivergrass SRA and related Stewardship Sending Areas (SSAs) shall be reviewed
as Development Excavation Permit applications. Within the Boundary of the Rivergrass SRA and related
SSA(s), fill material may be hauled from one construction site to another. Crossing County roadways from
one area within the Rivergrass SRA or related SSA to another area within the SRA or SSA shall be
acceptable under the Development Excavation Permit.”
SRAs, by their nature, are much larger development projects and require multiple years to completely build out. As
long as the excavation of fill and relocation destination is identified in a development permit to be within an SRA,
and the permit is conditioned to note any damage to the public road will be the sole responsibility of the permit
holder, requiring an additional commercial excavation permit would appear to be a repetitive permit.
FISCAL IMPACT: None. The County reviews all development orders and routinely inspects the projects through
all phases of construction. Permit holders are responsible for any damage they may cause to public facilities.
16.A.3
Packet Pg. 335
05/14/2024
LEGAL CONSIDERATIONS: The Board may approve staff’s interpretation by a majority vote. -DDP
RECOMMENDATION: To approve a staff interpretation that the limited use of public roads adjacent to the
Town may be used for the intermittent hauling of fill material so long as the material is only being relocated within
the Town and that any damage to the public road is the sole responsibility of the permit holder to repair.
Prepared by: Jamie French, Department Head
ATTACHMENT(S)
1. RouteMap (PDF)
16.A.3
Packet Pg. 336
05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 28838
Item Summary: Recommendation to approve a staff interpretation that the limited use of public roads adjacent to
the Town of Ave Maria SRA (Town) may be used for the intermittent hauling of fill material so long as the material
is only being relocated within the Town and that any damage to the public road is the sole responsibility of the
permit holder to repair.
Meeting Date: 05/14/2024
Prepared by:
Title: – Development Review
Name: Cormac Giblin
05/07/2024 3:17 PM
Submitted by:
Title: – Development Review
Name: Cormac Giblin
05/07/2024 3:17 PM
Approved By:
Review:
Development Review Cormac Giblin Stage 1 Review Skipped 05/07/2024 3:18 PM
Corporate Business Operations Cormac Giblin Stage 1 Review Skipped 05/07/2024 3:19 PM
Growth Management Community Development Department James C French GMD Approver Completed
05/07/2024 3:45 PM
Corporate Business Operations Cormac Giblin Executive Director - Corp Bus Ops Skipped 05/07/2024 3:14 PM
Growth Management Community Development Department James C French Growth Management Completed
05/07/2024 3:46 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/07/2024 5:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/07/2024 5:27 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/08/2024 8:40 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 05/08/2024 9:07 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 10:12 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.A.3
Packet Pg. 337
CelebrationDR
Libe r t y S T
AveMariaBLVDOil Wel l RDAnthemPKWYPatriotLNGloryRDVanBurenCT DelWebbWAY
ArthrexCo
mmerc
e
D
R
Document Path: G:\GIS-Team\GIS_Requests\2024\05-May\Project#_AveMariaRoute(Executive)\Request.mxd
Route Map
Map Date: 5/7/2024
I
0 650 1,300325
Feet
Route
Ave Maria SRA
16.A.3.a
Packet Pg. 338 Attachment: RouteMap (28838 : Ave Maria Fill Hauling)