Resolution 2003-332
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RESOLUTION NO. 03 - ~3.1
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USE "I" FOR EARTHMINING IN THE
"A-MHO" RURAL AGRICULTURAL ZONING DISTRICT
WITH MOBILE HOME OVERLAY PURSUANT TO SECTION
2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTIONS 18 AND
19, TOWNSHIP 46 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. 91-102) 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 Collier County Planning Commission, 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 Conditional Use
"1" of Section 2.2.2.3 of the Collier County Land Development Code for earthmining in an
"A-MHO" Rural Agricultural Zoning District with Mobile Home Overlay on the property
hereinafter described, and 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 2.7.4.4 of the Land Development Code tor the Collier
County Planning Commission; 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 Jeff Davidson, P.E. of Davidson Engineering, Inc. representing
Stewart Mining Industries, Inc., with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
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be and the same is hereby approved for Conditional Use "I" ot Section 2.2.2.3 of the Collier
County Land Development Code in an "A- MHO" Rural Agricultural Zoning District with
Mobile Home Overlay for earthmining in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
Exhibit "D" 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
Z3n:l day of
~
,2003.
BOAR~OF NING
COLLIE UNTY
BY:
TOM HENNING, CHAIRM
ATTEST; '.j;' :..
DWlyHT E. BROCK; CLERK
~:::
Atti,# IS ~ ChlfrIIIJI S
sfan.lyre .00ll'
Approveo asJo Form and
Legal Sufficiency:
b~
I
~A.tL rn.~
Mal] or M. Student
Assistant County Attorney
CU.2002.AR.3 5371FRIsp
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-3537
The following facts are found:
1. Subsection 2.2.2.3.1 of the Land Development Code authorizes the 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 .f 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
X
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-1' No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: \'1 ,y,
CHArRMAN:~\i\,- (\~Cj\~CT((
EXHIBIT 11 A "
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'78
CU -2002-AR-3537
DESCRIPTION as provided by client:
A tract of land located In the Southeast quarter of Section 18, Township 46 South, Range 29
and the Northeast quarter 01 Section 19, Township 46 South, Range 29 East, Collier County, FI
further described os follows, to wit: .
Beginning at the Northeast corner of Section 19, Township 46 South, Range 29 East; thence S
00 degrees 11'07" West (Basis for bearing assumed) along the East line of said Section a dlstc
of 2692.02 feet to a concrete monument being the East quarter comer of SectIon 19: thence
89 degrees 43'00" West along the South line of the Northeast quarter a distance of 2340.90 f
thence North 00 degrees 12'54" West, a distance of 1353.32 feet; thence South 89 degrees 5~
West, a distance of 84.00 feet; thence North 00 degrees 07'03" West, a distance of 2658.62 f
to a point on the East/West quarter, quarter line of th,e ~outheast quarter of Section 18, Towr
46 South, Range 29 East; thence North 89 degrees 39 50 East, along sold quarter, quarter IIn
distance of 2438.79 feet to a concrete monument being the East quarter, quarter corner of so
Southeast 1/4; thence South 00 degrees 12'15" West, olong the East line of SectIon 18, a dlst4
of 1.345.64 feet to the Point of Beginning.
LESS AND EXCEPT from sold tract, the East .30 feet thereof.
EXHIBIT "B"
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CU-2002-AR-3537
CONDITIONS
1. The Petitioner shall obtain a South Florida Water Management District
Agricultural Surface Water Management Permit or permit modification for this
site, if applicable.
2. The site shall be cleared of all exotic vegetation and maintained exotic-free in
perpetuity.
3. The petitioner shall pave the access road from State Road 82 to the subject
property line prior to commencement of earthmining operations. The pavement
shall be a minimum of 22 feet in width and a depth of 1.5 inches of asphalt or
asphalt millings. The petitioner shall be responsible for maintenance of the access
road for the duration of the operation.
4. Turn lanes on SR 82 (westbound left-in, eastbound right-in) shall be provided
prior to commencement of earthrnining operations,
5. Excavation activities are permitted from 6:30 AM until 7:00 PM, Monday through
Saturday.
6. 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 Collicr County Engineering Services
Department), the berm shall contain a membrane impervious to water.
7. A landscaped berm, 6 feet in height, shall be constructed adjacent to parcels
zoned residential, within 6 months of the adjacent parcel being rezoned.
8. The easternmost 50 feet of the parcel shall be reserved for right-of-way and shall
be deeded to Collier County, at no cost to Collier County, within 90 days of
receipt of notification by the Collier County Transportation Services Department
that the property is needed for the purpose of providing a right-of-way connection
from Westclox Road to State Road 82.
EXHIBIT "D"