Resolution 2013-268 RESOLUTION NO. 13 - 2 6 8
AN EMERGENCY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING
THAT THE CRITICALLY ERODED BEACHES IN COLLIER COUNTY
REQUIRE EXPEDITED EMERGENCY RENOURISHMENT AND
TEMPORARILY AMENDING RESOLUTION NO. 03-332 TO ALLOW
LIFTING OF THE RESTRICTIONS ON HOURS OF OPERATIONS FOR
STEWART MINE FOR THE DURATION OF THE CURRENT BEACH
RENOURISHMENT PROJECT.
WHEREAS, the beaches of Naples, Park Shore, and Vanderbilt in Collier County have
suffered severe beach erosion, in some locations up to the seawalls, which has the potential for
damage of private property and for negative impacts to Collier County tourism; and
WHEREAS, Collier County has further agreed to renourish the Pelican Bay beaches as
part of its beach renourishment project; and
WHEREAS, pursuant to Section 161.088, Fla. Stat., the Florida Legislature has declared
it to be a necessary governmental responsibility to properly manage and protect Florida beaches
and has further declared that beach restoration and nourishment projects, as approved pursuant to
Section 161.161, Fla. Stat., are in the public interest; and
WHEREAS, the Board of County Commissioners is in the process of renourishing these
beaches; and
WHEREAS, multiple private parties have filed litigation against Collier County and its
contractors seeking an emergency injunction to stop Collier County's beach renourishment sand
truck haulers from using Corkscrew Road. The private parties include: Grandezza Master
Property Owners Association, Inc., Miromar Outlet West, LLC, International Design Center,
1,L.C, Wildcat Run Community Association, Inc., Bella Terra of Southwest Florida Inc., and
Urika II, Inc. d/b/a University BP; and
WHEREAS, the Verified Amended Complaint alleges in part that Collier County's use of
Corkscrew Road is scheduled for a time when traffic on this public road is the heaviest with
more than twenty-five thousand (25,000) people visiting the Miromar outlet mall and IDC design
center daily during the Thanksgiving, Christmas, and New Year Holidays and the annual tourist
season through April; and
WHEREAS, the Lee County Board of County Commissioners has not only challenged
Collier County's permit to conduct the renourishment, but has discussed bringing legal action
against Collier County to do whatever is necessary to halt this project, based in large part on their
concern that the truck traffic generated by the project will impact their roads during tourist
season; and
WHEREAS, Collier County is required to renourish the beaches during this time of year
based on permit requirements from Florida Department of Environmental Protection (FDEP) and
in an attempt to avoid renourishment during sea turtle nesting season; and
WHEREAS, the expeditious completion of this renourishment project will lessen any
potentially negative impact to tourist season in Collier County and the rest of Southwest Florida;
and
WHEREAS, to expedite the project, Collier County finds it necessary and serving a valid
public purpose to allow Stewart Mine to expand its regular hours for excavation and processing
to a 24-hour and seven-day a week operation and expanding its hours for material hauling from
4:00 a.m. to 7:00 p.m., Monday through Saturday; and
WHEREAS, the conditional use approval for Stewart Mine as expressed in Resolution
No. 03-332 limits excavation activities from 6:30 a.m. to 7:00 p.m., Monday through Saturday,
and the Board of County Commissioners finds that this limitation is too restrictive to allow for
the beach renourishment project to be completed as quickly as necessary; and
WHEREAS, for the reasons set forth above, the Board of County Commissioners finds
that pursuant to Section 125.66 (3), Fla. Stat., the need for immediate beach renourishment
constitutes a valid public emergency, and as such the typical notice requirements may be waived.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Resolution No. 03-332
providing for the establishment of a conditional use for Stewart Sand Mine in Immokalee is
hereby amended by temporarily suspending for the duration of Truck Haul Beach Renourishment
Project No. 80096 the time limitations imposed in Exhibit D, paragraph 5, which states:
"Excavation activities are permitted from 6:30 a.m. until 7:00 p.m., Monday through Saturday."
BE IT FURTHER RESOLVED that for the duration of Truck Haul Beach Renourishment
Project No. 80096, the following operating times shall be allowed:
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1. Excavation and processing—24 hours a day, 7 days a week; and
2. Material hauling— from 4:00 a.m. until 7:00 p.m., Monday through Saturday.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \z4 day of\' rc r;2013.
it
ATTEST,--1...,,^ BOARD OF COUNTY COM ISSIONERS
DWIGHT E. BR?CK, Clerk COLLIE' 9 TY, FLO' PA
ZAA10-44- 1 1 ,
"k By: i i i
Attest as to�Crflaaputy Clerk GEO' 3nw LER, ESQ.
signature only., CHAI' • OMAN
Approved . . t It 1 and legality:
''firit
Tikm
Jeffrey A. Kr t '+`
County Atto, e
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