Resolution 2003-025
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RESOLUTION NO. 03 -~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN
EARTHMINING OPERATION IN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.2.3.3.7 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
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 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 "7" of Section 2.2.3.3 of the
Land Development Code in the Estates Zoning District 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 Timothy Maloney with respect to the property hereinafter described
as:
Tract 119, Golden Gate Estates, Unit No. 45, as recorded in Plat Book 7, Page 30 of the
Official Records of Collier County, Florida
be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3 of the Land
Development Code in the Estates Zoning District for an earthmining operation in accordance
with the Conceptual Master Plan (Exhibit "B") .
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Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote.
Done this /tj d" day of ~ .2003.
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\DWrGlll'cE~'BRecK, Clerk
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Maxjori . Student r
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER UN , FLORIDA
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-2476
.
7A
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The following facts are found:
1. Section 2.2.3.3.7 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 \ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
V'" No affect _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes y'. No
Based on the above findings, this conditional uS~~ith stipulations, (copy attached)
(should not) be recommended for approval.
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CHAlRMAN;KL~~5~
Exhibit "A"
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