Resolution 2005-175
RESOLUTION NO. 05 _ 175
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE WITHIN THE "An RURAL
AGRICULTURAL DISTRICT FOR THE OFF-SITE REMOVAL
OF EARTHEN MATERIAL IN CONJUNCTION WITH THE
PERMITTED USE OF AQUACULTURE PURSUANT TO TABLE
2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of F]orida in Chapter 67-1246, Laws of
Florida, and Chapter ]25, F]orida 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. 2004-4]) 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 (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
the conditional use for off-site removal of earthen materia] in conjunction with the
permitted use of Aquaculture as provided for in Table 2 of Section 2.04.03 of the Collier
County Land Development Code in an "An Rural Agricultural Zoning District on the
property hereinafter described, 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 Section 10.08.00 of the Land Deve]opment 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:
The petition filed by the Florida Department of Environmental Protection
representing the Board of Trustees of the Internal Improvement Trust Fund with respect
to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved for a conditional use for off-site removal of earthen
material as provided for in Table 2 of Section 2.04.03 of the Collier County Land
Development Code in the "An Rural Agricultural Zoning District and subject to the
following conditions:
Exhibit "C" which is 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.
Done this ') v ,,^ day of A p r; \ ,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ~W. ~
FRED W. COYLE, CHA _ N
be,
I
~.,.'ln~-~
MaIj ri~~. Student-Stirling 6
Assistant County Attorney
CU-2004-AR-57461MB/sp
2
li'INDINGS OF FACf
BY
COLLIER COUNTY PLANNING COMMIsSION
FOR
A CONDmONAL lJSE PETITION
. FOR
CU-2004-AR-S746
The following facts are found:
I. Section 2.04.03 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adv!lfSely 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 fire or catastrophe: .
Adequate ingress & egress
Yes / No
- ~
C. Affects neighboring properties in relation to noise, gIllie, economic or odor
effects:
-
D.
- No affC9 or _ Affect mitigated by
-L. Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
Compatibleus.ee~wi' . 'ct
, Yes~
Based, on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval O('9J,
DATE: 10 f"l4}O~
I t
CHAlRMAN:
. EXHIBIT A
~-._--
Legal Description - CU-2004-AR-5746
NW Y4 OF SECTION 16, TOWNSHIP 550 SOUTH, RANGE 28 EAST OF
COLLIER COUNTY, FLORIDA
Exhibit "B"
CONDITIONS OF APPROVAL
CU-2004-AR-5746
This approval is conditioned upon the following stipulations:
1. No expansion or changes shall be permitted to the scope of this conditional use
authorization.
2. The term of this conditional use approval shall be for the limited purpose of hauling off
the stockpile material already excavated on the property above ground and shall expire no
later than November 30, 2005.
3. No mining or excavation shall be permitted.
4. All excavating machinery and equipment not associated with the removal of the stockpile
material shall be removed from the property within sixty (60) days of Board of Zoning
Appeals approval.
5. A designee of the Collier County Community Development and Environmental Services
Division shall periodically visit the property to ensure compliance with all terms of this
conditional use.
CU-04-AR-5746 CONDITIONS OF APPROVAL
EXHIBIT "C"