Resolution 2008-115
RESOLUTION 08- 1 1 <;
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE WITHIN A
RURAL AGRICULTURE (A) WITH A MOBILE HOME
OVERLAY ZONING DISTRICT (A-MHO), A PORTION OF
WHICH IS LOCATED WITHIN STEWARDSHIP SENDING
AREA 9 (BCI/BCP-SSA-9), TO ALLOW EARTH MINING AND
THE RELATED PROCESSING AND PRODUCTION OF
MATERIAL FOR A PROJECT TO BE KNOWN AS SOUTH
GROVE LAKE LOCATED ON OIL WELL ROAD IN
SECTIONS 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29
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. 2004-41) 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 Board of Zoning Appeals, 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 a Conditional Use, as
required by Section 2.04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code,
to allow earth mining and the related processing and production of material within a Rural
Agriculture (A) with a Mobile Home Overlay Zoning District (A-MHO), a portion of which is
located within Stewardship Sending Area 9 (BCI/BCP-SSA-9), on the property described in
Exhibit "B," and the Collier County Planning Commission 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 1O.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:
Page I of 2
Petition CU-2006-AR-9337 filed by George L. Varnadoe, Esq., of Cheffy, Passidomo,
Wilson and Johnson, LLP, representing Barron Collier Partnership, LLLP, with respect to the
property described in Exhibit "B," attached hereto and incorporated by reference herein, is
hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2, and Section
4.08.06.B.4.b, of the Collier County Land Development Code to allow earth mining and the
related processing and production of material within a Rural Agriculture (A) with a Mobile
Home Overlay Zoning District (A-MHO), a portion of which is located within Stewardship
Sending Area 9 (BCI/BCP-SSA-9), for a project to be known as South Grove Lake, in
accordance with the Conceptual Site Plan (Exhibit "C") and subject to the conditions set forth in
Exhibit "D," 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 super-majority vote, this ~ncJ day of
A~(\\
,2008.
ATTEST:
;(
DWIG.{IT E. BROC~, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
(
By: >
A~U1rt ,is to C'nal";'~.:~D,.epu
S1Qnat:.!\"t Oflf _""i,Jc I
Approved as to form and
legal sufficiency:
.
Jef E Wnght
Ass ant County Attorney
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 2 of 2
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-9337
The following facts are found:
1. Section <text> of the Land Development Code authorizes the conditional use.
-- -----:t-6,,,uliIlg th~ conditiolllll use-wiH-not adversely-affect the public interest-a11li-will not
__~<lversely affect other property or~ses in the same district.5>E~(lighborhood 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 fIfe or catastrophe:
Adequate ingress & egress
yes--.L' No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects :
,/~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
/
Yes 1/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 4) ,to,o~
CHAlRMAN:_ty\ ~
EXHIBIT A
11lfn,?- f-l-
3-'0/<'"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
II/'/J~ ~ f?J7
The following facts are found:
1.
'Section <text> of the Lana DevelOpment COOe authorized-the cuIlJiliuIlal 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 fIfe or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or / Affect mitigated by <text>
_ 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 fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ..?~2()_O~
MEMBER:
fnrn'of-l-
~((~ /0
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
.------ ---r:- Section <text> of ilie rand Development Code aud1orlze<ttl1e-comiitionahrse~-------
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:
YesL 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 fIfe or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ct mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: '.?, I d D / D ~
J /
MEMBE~ ~
7h YI1p/J-
'::;,oO/G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
S<:'cti"n <tpvt> "fthp. T "nn nP.vP.]"pmp.nt ""ne ""th"rized the conditional use.
'l.. - --uI'anting the condltional use WIll not adversely affect the pliDlic interest and'Wlu---------
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:
/No
Yes
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety <md convenience, traffic flow
and control, and access in case of fIfe or catastrophe:
Adequate ingress & egress /'
Yes ,,/' No
- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or _ Affect mitigated by <text>
_ 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 fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: &frcl~ y
I I
InThp/l-
(.. 'b/k
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-Q331
The following facts are found:
--------1.
Sectign <text'> gfthe Land D<:,v<:'loprnpnt C"np. ""th"rized the condi1iDnal use.
2~
Granting the condItIOnal use wIll n01 adversely affecnlie pUblIc mle-teSt 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 t/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or /Affect mitigated by <text>
_ 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 should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ;J~'?O - Q I?
MEMBER:
//'} )
(1C(
rm'!1 {LO-
t <'OIl..
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
C-IA.. " I( K.. - q 3~ 1
The following facts are found:
1. -----sectIon <text> of llie Land DevelopmeiU Code aUIDoriud the cOIllliliu,,,,1 u,,,.
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 I No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within diS/
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: 3/2.0/ a K
I I
MEMBER: ;.}hln.L. ~d-. ~
h1 'fh l'- tJ-
2i\/(.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Developmen'fCode auThonzed ilie 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
Yesl No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above fmdings, this conditional use should, with st[ ulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ,,\~(>>- <V "ZW8'
MEMBER:
BAA S.:j}lfRR...-
'ln1n/.i,4-
3,"zY'-'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1 Sp'"ti"n <t"xt> ,,[the T ."nd Development Code lluthorized the conditionalllse.
L Urantmg the conditIOnal use will not adverselyaffecl the publicilllt:,,,sl <l.llJ wi:It-
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./" No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effect/-'
~ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>. #/ bZ ~"__,~/?- .,/,;-/
DATE' ,:] {)O-o? MEMUER'/@~
~. .
Ih~n?/M--
/ () (?/~,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code autl:1orized the \.OuuJillu",J 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 pevelopment Code and Growth Management Plan:
Yes j 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 fIfe or catastrophe:
C.
Adequate ingress & egress /
Yes / No
Affects neighboring properties in relation to noise, glare, economic or odor
effects: /
No affect or -"- Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
I
Compatible use within dis7' I
Yes No
..
Based on the above fmdings, this conditional use should, with
(should not) be recommended for approval <text>. )'
Jf}" oS
DATE: ....) dJ1 MEMBER:
I ulations, (copy attached)
17-rrn /l ti-
t { dO If"
LEGAL DESCRIPTION
LEGAL DE~C1UP11OK
A PARCEL OF LA1\D L Y'!NG IN SECTIONS 17 ..u.1) IS. TO\\I'5HlP 48 ;o'l:TH. RANGE 29 EAST. COLLlER
COlJNTY. FLOPlDA BEING M<E.E PARTIC\:LARl. Y DESCP.mED AS FOLLOWS:
CO~L\lEKCING AT THE SOUTHEASTERLY COR.""EP~ OF SECTIO:-i 18:
nm;CE NORTH 01'02'l4' WEST ALONG THE EASTERLY L~J:E OF SAID ~ECTIOK IS A mSTANCE CIi
150,00 FEET TO THE POINT OF BEGU',",1N0 OF THE PARCEL lIE1l.EIN BEING DESCRIBED:
rHEJ\CE SOUTH SS'56A6" 'XEST ALONG A Ll},'E 150,00 FEET olORTHERLY FRO~1 A'lD PARALLEL UTIH
THE SOUTHERLY LINE OF THE SO'l:THEAST Q'l:ARTER (14:, OF SAID SECTION IS A DlSTA.'JCE OF
2.645.04 FEET;
nm;CE LEAVDIG 5.A!D llI\'E SOLlH 88'56'26' ..'EST ALONG A LINE 150.00 FEET NORTHERLY FROM
..u.;1) PARALLEL WITH rHE SO'l:THERL Y LINE OF THE SOUTH\l,'EST Q'l:.-'lRTER (lA) OF SAID SECTION
ISADISTANCEOF 1.31400FEET:
THENCE LEA\1NG SAID LINE NORTHOO'W'lD" \\'Esr ADISfA,;cE OF 135.14 FEET.
nm;CE SOUTH 1lf>'12'Q4" 'WEST ADIS1.-'<.'JCE OF 867.18 FEET TO ,u: DlTERSECTION V.UH THE ARC OF
A Olo:-l-TANGEKT CUlt':E COKC Av'E KClRTHEASTERL Y ~1) "/HOSE RADIL-S POINT BEARS olORTH
01'43'45' WE5T A DlSTAO:CE OF :91 10 FEET.
THEJ\CE O:ORTH'iIIESTERL Y ALOKG THE ARC OF SAID ~'Oo:- T A'JGH:T CL'R, 'E THRO'l:GH A CEKTRAL
.-\KGLE OF 81001'28" .-\K ARC DISTANCE Of 270JOFEET
rrlEKCE O:ORTH 1O"46'IS" WEST A DISTA'iCE OF 392.40 FEET TO THE BEGINNIl'O OF A C'L'R','E
CONCA\'E EASTERLY Alm H..\'-1NG A RADIUS OF "9UO FEET
TIIE.l>lCENORTIlERLY ALONG THE ARC OF SAID ctlRVE TIlROUGH A CENTRAl. ANGLE OF 22'16'21"
.-\K ARC DlSTA2JCE OF 30".52 FEET,
T1!E.>:CE KeRTII 11'30'(>>" EAH A DISTANCE OF 308.21 FEET TO THE BEGDlKING OF A C'L'R\'E
CONCA,'E SOUTHEASTERLY AllDH..\'-1.'iG A RADn:s OF 21610 FEE:
nm;CE KORTHEASTERLY ALOKG THE ARC OF SAID n;RVE THRO'l:GH A CEKTRAl. A,lGl.E OF
77"'26'16' A.l\ ARC DISTAKCE OF 29J:JJ7 FEET:
I'HEKCE KORTII SE';<520' EAST A DIST~TE OF 407."2 FEET TO THE BEGIXKD:G OF A CI.'RVE
CONCAVE SOUTHWESTElU. Y .-'<."1) !IA',TNG A RADn:S OF llo 10 FEET,
nm;CE SOtiTHEASTERLY ALONG THE ARC OF SAID CUV.-'E THROl.'GH A CEK-rRAL A^,GLE OF
'13'10'1,' AN ARC DISTANCE OF 14E.47 FEET:
TIlEKCE SOl.lH F'4T2S" EAST A DISTA:iCE OF ,<\4 Eo FEET TO TIlE BEGl},o.'lXG OF A CUR,'E
CONCA\'E KORTliEASTERLY A"'D !IA',1NG ARADIL'S OF ;S.90FEET:
TIlEKCE SO'l:TIiEASTERLY ALOKG TIlE ARC OF SAID C'L'R\'E THROUGH A CEKTRAl. ~JGLE OF
72'10'38' A}i ARC DISTANCE OF "4.,0 FEET,
Th'EKCE SOl.lH S9'58')1' EAST A DISTANCE OF 2,0,4-' FEET.
THENCE lJORTH 00'01'40' EAST A DlSTANCE OF 275 46 FEET:
nm;CEKORTII S!l'24'W EAST A DlS7AO:CE OF 3,9"740 FEET.
THENCE KORTH &9')1'50' EAST A DlS-rAXCE OF 24219 FEET:
TIlEKCE sour:! 00'2,04" EAST A DIST.-'<.,CE OF 1.30343 FEET TO .-\K lliTERSECTIOK ..UH A L."lE
150.00 FEET NORTHER!. Y FROM M1) PARALLEl. WITH THE SOI;THERL Y LINE OF THE AFORESAID
SEenOK 17:
THE!-JCE ALONG SAm PARALLEL LlXE SOL'Tll 88';'30' \l.'EST A DI~,TA:JCE OF 2E5"9 FEET TO THE
POINT OF BEGl},~G OF THE PARCEl. HEREIl, DESCRlBED:
CONTAo.'ING ISS.08AC?.ES OF LAl:D. MORE OR l.E';S,
SLlllECT TO EASE~I~JTS A:ID RES mcnON, OF REC ORD
A(;J\;OLl, BARBER A:ID BRVlIDAGE, ::,C
PROFBSIONAL EKGl!c'EERS. PLA1:t:ERS & SURVEYORS AlID ~IAJlPER5
CU-2006-AR-9337, South Grove Lake CU
EXHIBIT B
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Exhibit "e"
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CONDITIONS OF APPROVAL
South Grove Lake
CU-2006-AR-9337
1. The conditional use approval to allow earth-mining shall be limited to
what is depicted on the master site and excavation plan, entitled
"Conditional Use Conceptual Site Plan", dated May 22, 2007,
prepared by Agnoli, Barber & Brundage for Barron Collier
Partnership, LLLP.
2. Excavation shall be limited to the 2 proposed lakes, the western earth
mine lake and eastern storm-water management lake, totaling no more
than 131 acres as permitted by SFWMD for purposes of water quality
treatment and storage of storm-water run-off.
3. The single isolated 0.41 acre wetland shall be preserved and
maintained with a minimum 25-foot upland buffer, and all category 1
exotics shall be removed for purposes of maintaining HSA
interconnectivity for bear and panther habitat areas.
4. One hundred feet of throat depth shall be maintained on the entrance
road into the projecf from Oil Well Road.
5. A 75 foot minimum turning radius will be maintained on the entrance
road until such time as a right turn lane is provided as a result of the
expansion of Oil Well Road.
6. Quarterly monitoring reports will not be required until the sale of
earthen materials form the project to the public begins. The provision
of earthen materials to Collier County for public roadway projects and
the use of earthen materials in Ave Maria will not be considered a
public sale.
7. Prior to the sale of earthen material to the public, a letter must be sent
notifYing the Zoning Director and Transportation Planning Director
that the commercial sale of earthen material is beginning and quarterly
monitoring will begin.
Final version 3-26-08
EXHIBIT D
711 ?); /1tJ..
, J..;:.'1,I'-'
8. Upon commencement of the public sale of earthen materials, the
applicant will begin to provide detailed quarterly monitoring reports.
These reports must include but not be limited to the amount of earthen
material sold from the site and the number of heavily loaded vehicles
leaving the site.
9. The applicant has the option of making payment in the amount of a
$1.00 per truck charge for every heavily loaded truck leaving the sife.
If such payments are made by the applicant, they shall be made
quarterly with the submission of the quarterly monitoring report.
Such payments will be made payable to the Board of County
Commissioners. These payments will be made for the purpose of road
maintenance in lieu of providing for inspections of and repairs to the
roadway and adjacent roadway network impacted by the heavily
loaded trucks coming from the subject site.
10. The site plan noted is conceptual in nature for conditional use
approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations.
11. The Department of Zoning and Land Development Review Director
may approve minor changes in the location, siting, or height of
buildings, strucfures, and improvements authorized by this conditional
use, so long as these minor changes remain consistent with all
applicable development standards.
12. The mitigation plan to compensate panther (Felis conca/or coryi)
habitat impact by the project proposed by the applicant shall be
approved by fhe US Fish and Wildlife Service (USFWS);
13. The conservation easement for the on-site wetland preserve shall be
approved prior to issuance of the excavation permit by Collier
County.
14. The final location of the littoral shelf planting area for the eastern lake
shall be approved prior to the issuance of the excavation permit.
15. On-site wells shall be capped below the surface to prevent cross
contamination of aquifer and surface waters.
final version 3-26-08
In 1-'14-4-
i, .llt__