Resolution 2006-047
RESOLUTION NO. 06--3.1...
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
DENYING BY OPERATION OF LAW PETITION
NUMBER CU-2004-AR-5439, PERTAINING TO A
REQUEST FOR THE ESTABLISHMENT OF A
CONDITIONAL USE IN THE "E" EST A TES
ZONING DISTRICT FOR EARTH MINING
ACTIVITIES PER TABLE 2 SUBSECTION 2.04.03
OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR THE EXPANSION OF
EXCAVATION OPERATIONS ON PROPERTY
CONSISTING OF 44 :t ACRES, LOCATED IN
SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28
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 all counties in Florida 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 COlle
(Ordinance No. 04-41, as amended) which establishes 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 (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 a conditional
use per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning
District for earth mining activities. The request was to combine two existing excavation
permits (#59.605 and #59.702) with a total lake excavation area of 15 acres into a single 25.19
acres lake on the property hereinafter described, and the Collier County Planning Commission
has found as a matter of fact 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 public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS, COLLIER COUNTY, FLORIDA that:
Petition CU-2004-AR-5439, filed for Darryl K. Damico, represented by Beau Keene,
P.E. of Keene Engineering, with respect to the proposed Jolly Excavation and the property
herei nafter descri bed as:
Exhibit A attached hereto and incorporated by reference.
IOF2
be and the same hereby is by operation of law DENIED for a conditional use per Table 2 of
Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for
earth mining activities.
BE IT RESOLVED that this Resolution relating to Petition Number CU-2004-AR-
5439 be recorded in the minutes of this Board.
This Resolution adopted based upon motion, second and majority vote to approve the
subject request, which was not a sufficient super-majority vote, and thus, the request is
considered denied by operation of law effective this date.
Done this 28th day of Februarv. 2006.
ATTEST;. '. .
DWIGftF.;F;LB~9C;K, CLERK
..,'~"" ,. -"'". ' !
! '! ." Lt" ~
., '.' . ,. - J~. ....' ", ~_
, ,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~c
t"C.t '(h(1~P~ty Clerk
l~t~v~'~lJ~~~~nd
legal sufficiency:
BY:
y~~~-
FRANK HALAS, CHAIRMAN
m~"-<L/ m. ~-~n
MaIjorie . Student-StIrlIng ,- '0'
Assistant County Attorney
CU.2004.AR.5439
20F2
56th Avenue N.E. Excavation
REAL PROPERTY OWNERSHIP
. GOLDEN GATE
ESTATES
PARCEL # FOLIO # TRACT UNIT ACQUIRED
1 39027480001 E 180' 84 45 02-0ct
2 39030440009 W180' 108 45 02-0ct
3 39030400007 W75' 107 45 03-Noy
4 39030320006 E 75' of W 150' 107 45 Jun-99
5 39030280007 W 75' of E 180' 107 45 02-Sep
6 39030360008 E 105' of E 180' 107 45 Jan-OO
7 39030840007 W 105' 114 45 Jun-99
8 39030760006 E 75' ofW 180' 114 45 Oct-98
9 39030880009 W 75' of E 150' 114 45 Mar-98
10 39030800005 E 75' 114 45 Jan-99
11 39030920008 115 45 NoY-98
12 39030720004 113 45 Mar-99
13 39030640003 E 150' 112 45 Dec-98
14 39030680005 W180' 112 45 Dec-98
15 39030600001 110 45 Apr-97
16 39030560002 109 45 Apr-97
EXHIBIT "A"
"
~;2
:>>'"
00
:r'"
",'-
Oz
f'li ~ tR)\ FOLIO # 39030440009
:>> ~ ~ WEST 180' of TRACT 108
r- ~_ _ __.___._,..__~__________,,____.__.________,._._._
'1J:>>
2l",
'1J",
"'",
~~
'"
0'"
=:z
ZO
",,,,
",0
"'0
;!;z
'1J
i'3~ @ EAST 7/0o~owtsi910;~3~~0~~CT 107
:::0 _________
~ ~ FOLIO # 39030280007 FOLIO # 39030600001
~ 01 e WEST 7~ ,-'- ""'- ,eo' ~ ~ -'-"~ ""'OT '" A
.,. c;,. 'Ouo # """'oooa I '<!!)
s: e_~~'~~~O~f~'q-_________
Q FOLIO # 39030840007
~ \::::J WEST 10S' of TRACT 114 + FOLIO # 3903068000S A
< ~ - FOliO T 39030760006 - - WEST 180' of TRACT 112 ~
m e_EAST 7~o~E2!.1~' ~TRACT..214 _ _ _ _ _ __
Z 1(0\ FOLIO # 39030880009
'.::::J WES ?2:. ~EA2I.. ~' 2f.. TRACU1~ FOLIO # 39030640003
c: FOLIO # 3903080000S I EAST lS0' of TRACT 112
m EAST.2S'~ ~C~~ + _ _ _ _ _ __
;Z
rn
C8>
i
V A-2004-AR-5438
PROJECT #2003Il0016
DATE: 3/2/04
MICHAEL DERUNTZ
(COMPANION TO CU-2004-AR_5439)
2~
~
z
e
FOLIO # 39027480001
EAST 180' of TRACT 84
---------
I'TI
I
1-
-- '. --
- NOT A PART--
><
. OF THIS PROJECT.....
- --
~ FOLIO # 390304-00007
'..::::::J WEST 7S' of TRACT 107
.., ---- --------@)
FOLIO # 39030S60002
TRACT 109
---------
I
FOLIO # 39030920008 I
TRACT 11S I
I
I
FOLIO # 3903072004-
TRACT 11 3
@
DARRYL . DAMI
56th AVENUE N.E. EXCAVATION
OWNERSHIP EXHIBIT
,
KEENE ENGINEERING
-'--.-."""""
".-__0_,,--
-~___a m-........