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Resolution 2025-284 RESOLUTION NO. 2025- 2 8 4 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA AMENDING RESOLUTION NO. 03-332, AS AMENDED, WHICH ESTABLISHED A CONDITIONAL USE FOR EARTHMINING, TO EXPAND THE CONDITIONAL USE FOR EARTHMINING PURSUANT TO SECTION 2.03.01.A.1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE BY ADDING 39.92± ACRES AND REVISING THE CONDITIONS OF APPROVAL FOR THE PROPERTY LOCATED IN THE AGRICULTURAL (A) ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY (MHO), THE RURAL LANDS STEWARDSHIP AREA OVERLAY (RLSAO), AND WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4) FOR A TOTAL OF 490.62± ACRES. THE PROPERTY IS LOCATED ON THE WEST SIDE OF SR 29 NORTH, SOUTH OF SR 82 IN THE IMMOKALEE PLANNING AREA IN SECTIONS 17, 18 AND 19, TOWNSHIP 46 SOUTH RANGE 29 EAST, COLLIER COUNTY,FLORIDA. (PL20240003054) 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. 2004-41, as amended) 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, on September 23, 2003, the Board of Zoning Appeals approved Resolution No. 03-332 which provided for the establishment of a conditional use "1" for earthmining in the "A-MHO"Rural Agricultural zoning district within the Mobile Home Overlay; and WHEREAS, on January 12, 2021, the Board of Zoning Appeals approved Resolution 21- 13 amending Resolution 03-332 by adding 231.73±acres to the conditional use acreage; and WHEREAS, the Board of Zoning Appeals (Board), 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 expanding the [24-CPS-02512/1962490/1]32 Stewart Materials Expansion/PL20240003054 fka Edwards Grove Road Mine 1 of 3 9/9/25 conditional use for excavation and related processing and production pursuant to Section 2.03.01.A.1.c.1 of the Collier County Land Development Code by adding 39.92± acres to the conditional use for property in an Agricultural(A) zoning district within a Mobile Home Overlay (MHO), the Rural Lands Stewardship Area Overlay (RLSAO), and Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; 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: Petition Number CU-PL20240003054 filed by Brandon T. Copper, P.E. of Davidson Engineering, be and the same is hereby approved for a Conditional Use to amend Resolution No. 03-332, as amended, to expand the conditional use for excavation and related processing and production pursuant to Section 2.03.01.A.1.c.1 of the Collier County Land Development Code by adding 39.92± acres to the conditional use for property in an Agricultural (A) zoning district within a Mobile Home Overlay (MHO), the Rural Lands Stewardship Area Overlay (RLSAO), and Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) for the property hereinafter described in Exhibit A, totaling 490.62± acres, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A,B, and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this day of 21, t ,,, "'/2025. • Fi ATTEST: - BOARD OF ZONING APPEALS CRYSTAL K. KTNZEL, CLERK COLLIER COUNTY, FLORIDA 4At4"/„"olligiairmarl"` By. (w\ , Deputy Clerk Burt L. Saunders, Chairman Attest as to 1K, signature only an's [24-CPS-02512/1962490/1]32 Stewart Materials Expansion/PL20240003054 fka Edwards Grove Road Mine 2 of 3 9/9/25 Approved as to form and legality: si,d, H idi Ashton-Cicko 9-9-25 Managing Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B -Conceptual Site Plan Exhibit C -Conditions of Approval [24-CPS-02512/1962490/1]32 Stewart Materials Expansion/PL20240003054 fka Edwards Grove Road Mine 3 of 3 9/9/25 EXHIBIT A COASTAL ENGINEERING Coastal and Marine Engineering Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. EXHIBIT "A" (PAGE 1 OF 2) STEWART MATERIALS LEGAL DESCRIPTION BARFIELD GROVE PARCEL A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER (SW %) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND A PART OF THE NORTH ONE-HALF (N %) OF SECTION 19,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18 RUN N 00°25'14" W FOR A DISTANCE OF 1,331.53 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW%) OF SAID SECTION 18; THENCE ALONG THE NORTH LINE OF SAID QUARTER-QUARTER LINE N 88°51'13" E 2,481.73 FEET; THENCE LEAVING SAID LINE S 00°55'38" E 2,658.69 FEET; THENCE N 89°04'22" E 84.00 FEET; THENCE S 00°35'34" E 1,352.26 FEET TO AN INTERSECTION WITH THE EAST-WEST QUARTER LINE OF SAID SECTION 19; THENCE ALONG SAID QUARTER LINE S 89°27'14" W 2,589.72 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°29'38" W 2,652.80 FEET TO THE POINT OF BEGINNING. AND SOUTHWESTERN PROPERTIES A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTHEAST QUARTER OF SECTION 19,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN S 00°38'42" E ALONG THE EAST LINE OF SAID SECTION FOR A DISTANCE OF 2692.02 FEET TO A CONCRETE MONUMENT BEING THE EAST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE EAST-WEST QUARTER LINE OF SAID SECTION 19 S 89°27'00" W 2341.08 FEET TO THE WESTERLY LINE OF THOSE LANDS RECORDED IN O.R. BOOK 3330, PAGE 3215 AND THE 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1_2 I 1 North Range Ave.,Suite E,Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 Page 1 of 3 Stewart Materials COASTAL ENGINEERING CONSULTANTS, INC. Legal Description Barfield Grove Parcel Exhibit"A"Page 2 of 2 EXHIBIT "A" (PAGE 2 OF 2) EASTERLY LINE OF THOSE LANDS RECORDED IN O.R. BOOK 5350, PAGE 1271, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE N 00°35'34" W 1352.26 FEET; THENCE S 89°04'22" WEST 84.00 FEET; THENCE N 00°55'38" W 2658.69 FEET TO A POINT ON THE EAST-WEST QUARTER LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE N 88°47'54" E ALONG SAID LINE FOR A DISTANCE OF 2437.77 FEET TO A CONCRETE MONUMENT BEING THE EAST QUARTER CORNER OF SAID SOUTHEAST 1/4; THENCE S 00°36'5211 E ALONG THE EAST LINE OF SAID SECTION 18 FOR A DISTANCE OF 1346.05 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EASTERLY THIRTY (30) FEET THEREOF. BEARINGS ARE RELATIVE TO NORTH AMERICAN DATUM (NAD) 1983, FLORIDA EAST ZONE. AND SOUTHERN RESERVES, LLC PARCEL THE WEST 1/4 OF THE SOUTH ONE-HALF OF SECTION 17, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 30 FEET OF SAID PARCEL. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 490.62 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 o"."••"•°E„EY c•; Digitally signed by Richard J Ewing DN:c=US,o=Unaffiliated, [ * dnQualifier=A01410C00000192FCAAB ..EOF 486000CA976,cn=Richard J Ewing t.�`. Date:2025.02.11 16:15:32-05'00' RICHARD J. EWING, V.P. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 21.410 DATE OF SIGNATURE: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 Page 2 of 3 c G1 TURNER GROVES CITRUS LTD PRTNR Z PARCEL NO CITRREAA®E TURNER GROVES CITRUS LTD PRTNR � � ` PARCEL NO 9wa�9� R W / ` — J\ i L. LAMA ROAD d 'PSR I � "i11 •i \ J /+` ( ) • 1•• y J' '•• • — , !8J 1., r.•,, .,( .. �,� Viz_' ii € • j' 's8 , ' p ') J ill T�If hiO 964 / #i •7 / 5 f . ' zAr 1 / - =a ' I y -- 3 === , a, 3 � £ po AA g 11 I . mI Ak / • w ' I ,/ '; m -E i J E � -- Tj J- � r' i`, r 1 ai ,) / I B1 ER I tt/� 1 i pp0 1 / ko ol 'Oy \•..I " "1 T / ,y1I1fA yiI [z Y ( i1 i I P y r ` 1, ah J ' R Il B9 '3 . (/ ml 4 air '/ �`, " '� ,a, I 1 No.ee .0°.,, i4 V \ EDWARDS GROVE ROAD g g g§g§ e g°sI, Fi ` TIITF/ED UNIV FL l\ 9R / /, p F3 iJ 9fi PEACE.NO.umNaue Ai C { Ep C_41 ��_eRi s ",m is ;e dreg 8u'4g����a gggg° fq s�� S ;CC sR " E 2 1%T. iiii leit iii "g mm1 ! ?c1 "£Sg CL F:90M451,92 rnm F� i ;'i 'A Y 04 6 Qm2' p' $ $ $ 'r"e£ 8mYF E. Pi 49 m11i fiiq id: m m a o 7 �� E 4%06 ' - s ! ;ng 'Eii o R 4g l- q x a g m el f 0Mil 8 9 a ;Ai ; i 4 gig. ! g' 8 fi F' COASTAL CLt1(NuwseNV11,3 L STEWART MATERIALS '. omAOOOOR e E ,•.�so.E", aa� %uaaY " ..-. COASTAL AND MARINE ENGINEERING L ENGINEERING E'^Vu°rionErl"o'uMAR'�NDi u°Rlv°erinr`omwvMEics.11� tow/' Heao•r,••�raetm••�,••, '.n.•••.•�. >,,• CONSULTANTS SKETCH OF DESCRIPTION OF TRACTS OF LAND XECKFO RLE'0 to �INC. LOCATED IN SECTIONS 17.18 AND 19,TOWNSHIP 46 SOUTH,RANGEsr A oRovP coNroary NECSEc' 3619 - �SS�"O' 29E SM1M Raids SM.1wr PHONE.(23915a2.2324 29 EAST,COLLIER COUNTY,FLORIDA, Act., Ra e 3 of 3 FAX:(2]9)6f�1•1A3 17.251 y OSSIN A NM...FLORIIDDA x1,G5 BLVD. E-Mn�I'�inh$recCN mm ARE.AC WI 1i.2515HETCHTH 40 AG O. ...NREvOLpN DESCRIPTION EXHIBIT B i o a5m g' L \h,_ ! 6 1li Z W J O v0 . 'miscast N i 3 ! hiI 0 '.'','• ie. R. 0 o Y_ m I s, yo a p !j o o " 0 4 _ g f TEE `LZEF. a -_ i < 9y,«a s zoQ, x �� '« H I « $ �`II taI Nl r3� J Y mll F {�W fej <y�$ t o an j-11 I y FP loE !-a ( N 2 N,, t--TYPE A LB. . ,,.. I SE PRERVE Z / �� 1 / . 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Edwards Road Grove Mine Conditional Use shall be limited to what is depicted on the "Master Concept Plan, revised 11/03/2020 June 30, 2025." Prepared by Davidson Engineering, Inc. 2. The petitioner shall obtain a South Florida Water Management District Agricultural Surface Water Management Permit or permit modification for this site, if applicable. 3. The site shall be cleared of all exotic vegetation and maintained exotic-free in perpetuity. 4. Material hauling activities are permitted from 5:00 a.m. to 5:00 p. m., Monday through Saturday and 24 hours a day Monday through Sunday for excavation and processing activities. 5. The excavation shall be contained by a berm constructed to the height of the 100- year flood elevation. Unless the berm contains adequate clay content to slow the flow of water (as determined by the Collier County Engineering Division), the berm shall contain a membrane impervious to water. 6. The site shall be limited to a maximum of 49 pm peak hour, two- way trips based on the use codes in the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA or subdivision plat approval, or based on an alternate methodology accepted by staff at time of application for SDP/ SDPA in accordance with the County's Traffic Impact Statement (TIS) guidelines in Resolution No. 2006-299, as it may be amended. 7. Evidence of U. S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation Site Improvement Plan (SIP) permit approval, if applicable. 8. A littoral shelf planting area to commence shall be constructed during the reclamation phase of the project shall be shown as depicted on the approved excavation permit (PL20200002472). far this petition and shall meet the current standards of the Land Development Code at time of submittal of the Commercial Excavation Permit. 9. Prior to any vehicular use of the additional 231.73± 39.92± acres, the owner shall post two (2) signs along the on- site entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifying drivers of the need to use caution. Sign wording, placement and size will be reviewed and approved by the Collier County Environmental Staff during review of the Commercial Excavation Application or other local development order, whichever is the first to allow vehicular use of the 231.73± 39.92± acres. 10. All other applicable state or federal permits must be obtained before commencement of the development. Strikcthrough denotes a deletion, underline denotes an addition. Stewart Mining CU—PL20240003054 www.davidsonengineering.com Exhibit C—Conditions of Approval June 30,2025 DC DAVIDSON 11. Pursuant to Section 125. 022(5) F.S., issuance of a development permit by a County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 12. The westernmost 200 feet of the parcel 00065520004 shall be reserved for road right-of-way, for the purpose of the future Little League Road extension. Within 90 days of receipt of written notification by Collier County Transportation that the property is needed, the owner will convey the requested property to the County,for fair market value on the date of the conveyance. 13. The petitioner shall be responsible for maintenance of Edwards Grove Road, from State Road 82 to the subject '150.7± 490.62± acre property line, for the duration of the mining operation. Edwards Grove Road shall be paved a minimum of 22 feet in width and a depth of 1.5 inches of asphalt or asphalt millings.A Dust Control Plan,for Edwards Grove Road, shall be submitted with the Excavation Permit. 14. Petitioner's dust control plan for Edwards Grove Road, required per Collier County Resolution 21- 13 and approved under Excavation Permit No. PL20200002472, shall remain in force and effect for the duration of the mining operation. 15. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government, and the Federal government. 16. Upon completion of mining activities, all buildings, equipment, buffers and berms shall be removed within twelve (12) months unless said buildings and equipment will be used in the reclamation process. 17. The petitioner reserves the right to have the ability to blast in the future. Should blasting be required, the petitioner will file an Application for Blasting and the Use of Explosives in Collier County. Strike",denotes a deletion, underline denotes an addition. Stewart Mining CU—PL20240003054 www.davidsonengineering.com Exhibit C—Conditions of Approval June 30,2025