Resolution 2003-354 RESOLUTION NO.03 - 354
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE NUMBER "I" FOR EARTHMINING
OPERATIONS IN THE RURAL AGRICULTURAL ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27
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
Number"1" of Section 2.2.2.3 of the Collier County Land Development Code in an Rural
Agricultural Zone for an earthmining operation 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 for 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 Jerry C.Neal,P.E., of Hole Montes,Inc.,representing R.H.of
Naples,Inc.,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 Conditional Use Number"1"of Section 2.2.2.3 Collier
County Land Development Code in a Rural Agricultural Zoning District for an earthmining
operation in accordance with the Conceptual Master Plan(Exhibit"C")and subject to the
following conditions:
-1-
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTI-IER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this (4' day of tfn , 2003.
BOARD OF ZONING APPEALS
COLLI COLIN Y, FLORIDA
BY:
TOM HENNING, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
#ttast as to Chairma 's
Aptktgatitureo.W'alk and
Legal-Sufficiency:
Marjo be M. Student
Assistant County Attorney
C t)-2003-AR-3954/MB/lo
•
EXHIBIT "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3954
The following facts are found:
1. Section 2.2.2.3.1. of the Land Development Code authorized 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 V 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
ti' 'i 4
No affect or Affect mitigated by l �^
Affect cannot be mitigated I
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yee/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
q r ► -0 3 CHAIRMAN: 11a
Legal Description — CU-2003-AR-3954
Portion of the Southeast '/4 of the Southwest 'A of Section 7, Township 51 South,
Range 27 East, Collier County Florida; Being more particularly described as
follows:
Commence at the Southwest Corner of said Section 7; Thence N. 88 04 05
W.; 1536.61 feet; Thence N. 00 27 52 E.; 200.00 feet to the Point of Beginning;
Thence N. 00 27 52 E.; 978.00 feet; Thence S. 88 12 47 E.; 736.00 feet; Thence S. 00
44 19 W.; 978.00 feet; Thence N. 88 04 05 W.; 736.00 feet to the Point of beginning
Exhibit "B"
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CONDITIONS OF APPROVAL
CU-2003-AR-3954
This approval is conditioned upon the following stipulations:
1. The Current Planning Manager may approve minor changes in the location, sitting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of the uses identified and approved within this conditional use application, or
major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review and Approval, of the Collier County Land Development
Code, Ordinance (91-102).
2. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of
site clearing, excavation, or other construction related activity, an historic or
archeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped, and the Collier County Code
Enforcement Director shall be contacted.
3. This excavation shall comply with the requirements of Division 3.4., Explosives, and
Division 3.5, Excavations, of the Land Development Code.
4. The excavation will be limited to a bottom elevation of 12 feet below original grade.
5. This conditional use shall expire 12 months from the date of BCC approval.
6. The excavation shall comply with the requirements of Section 104.5.5 "Dust Control" and
Section 104.5.6 "Noise Control" of the revised Florida Building Codes, as adopted in
Collier County Ordinance No. 2002-01.
7. The number of haul trucks must not exceed fifty-five per day.
8. All haul trips will be limited to the Habitat for Humanity site, "Charlie Estates", located
off U.S. 41 approximately one-half mile to the northwest of Greenway Road.
9. Prior to any blasting activity, the applicant shall conduct a documented survey of the
structural condition of each residence within 1000 feet of the property line of the
excavation site to determine if there is any structural damage related to the blasting
activities, subject to the property owner's consent. The results of the pre-blast survey
CU-03-AR-3954 CONDITIONS OF APPROVAL EXHIBIT "D"
shall be submitted to Tom Kuck, Director of the Collier County Engineering Services
Department.
10. The hours of haul activity will be limited as follows: No trucks will leave the project site
earlier than 9:00 A.M. nor later than 3:00 P.M. There shall be no hauling activity on
Sundays and legal holidays.
11. The following information regarding the littoral zones will be required to be shown on the
excavation site plan submitted with the excavation permit application:
a. Calculations of the required littoral planting area;
b. Cross-sections of the littoral planting areas showing control elevation and
slope; and
c. Standard exotic removal note and the clearing plan.
CU-03-AR-3954 CONDITIONS OF APPROVAL EXHIBIT "D"