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Resolution 2002-434 17A RESOLUTION NO. 02- 434 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, 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, as amended) 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 in an "E" Zone for a lake excavation on the property hereinafter described as: Tract 144, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5 page 89 official records of Collier County, Florida in Section 21, Township 48 South, Range 28 East, Collier County Florida 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, identified as CU-2002-AR-2366, filed by Terrance L. Kepple, of Kepple Engineering, Inc., representing Ron Beaver with respect to the property hereinafter described as "Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "7" of Section 2.2.3 of the "E" Zoning District for lake excavation in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the 17A conditions shown in Exhibit "C." All exhibits are 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 majority vote. Done this 2 2.. ~ day of (nTO"A E f2 ,2002. ..........,""''''\>'\\\\ A1:~ "nt~.tl.> I'll DWiGHt 'k: "B'j{cx$t; Ib~.erk u-~~,~..:.~..~.\\.)))) ," .~~- ......._ :a _ 1\ : '-,,,,,~., .,"'-. - \ .'-.- ""~~".IS'~~!~n'S s'1q'nt.tJ.l~I:.wJf.)~' ..' \'\'1, \,lU.iJ\.~._"..- Approved' as 'to Form and Legal Sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY;~~~ ~~~ Patrick G. White Assistant County Attorney Exhibit C. Findings of Fact Conceptual Master Plan, identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received April 12,2002." Conditions for approval Attachments: Exhibit A. Exhibit B. CU-2002-AR-2366/KDllo FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.7. 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 ~ No B. Ingress and egress to p/'operty 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: ~ 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 ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~) be recommended for approval OAr.,: EXHTBTT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 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 ~ No 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 Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ?/J ],//~ 2- MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17A CU-2002-AR-2366 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: Consistency with the Land Development Code and Growth Management Plan: 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 Y4~ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects:  ft~ 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 ~s~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~" No 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 Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval MEMBER:~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 The following facts are found: 1. Section 2.2.3.7. 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. Consisten~fi~h the Land Development Code and Growth Management Plan: B. Ingress and egress to pi'operty 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~ & egress No Affects neighboring properties in relation to noise, glare, economic or odor e~~N~ affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~Tthin district DATE: Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 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: Consistency with the Land Development Code and Growth Management Plan: No 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:  ingress & egress No Affects neighboring properties in relation to noise, glare, economic or odor effec~ ~ _~No affect or Affect mitigated by v Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within~ct J No~ Based on the above findings, this conditional use should~ with stipulations, (copy attached) (should not) be recommended for approval EXHIBZT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 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 ~ 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: ~ 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 ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~ //~'/ 0 ~ MEMBER: ~ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2366 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 ~ No Bo 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 Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by b~Affect cannot be mitigated D. ,. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~: No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval EXHIBIT A 17A m m i I 17A Enlargement of Lake Cross Section Detail r h3.D Top of Bank (exi~tin Wet SeglOn W~l¢ Table ~ S~n Water T~e ~ok Point ~ttom of ~ok~ ~ Lake Cross Sectloi3 Ex. Vol 52,247 CY Note: All constr~uction to be in occordanc:e with Collier Co~unty Ordinonces c~nd permiit requirements. CU-2002-AR-2366 Exhibit B Page 2 of 3 17A Enlargement of Littoral Zone Planting Detail Uttorol ,Zone Ptontln9 toke Bonk 1291' I. jttoml Zorm 10~ x 1291'- 129' Plant~ do~ntgm~ 33 1/3~ Wlmgra~ 33 Giant Bulrulh 33 1/3~; CI:J-:~002-AR-2366 ~ Exhibit: B Page 3 of :3 CONDITIONS FOR RON BEAVER EXCAVATION CU-2002-AR-2366 1. The conditional use approval to allow a lake excavation is limited to the site plan identified as "Lake Excavation for Beaver Residence" prepared by Kepple Engineering, Inc., stamped "Received April 12, 2002", except as augmented by the two enlargement detail drawings (Lake Cross Section and Littoral Zone Planting), and as further conditioned below. 2. The owner must submit wetland jurisdictional determinations prior to or simultaneously with the Vegetation Removal & Site Fill (VRSF) application. If jurisdictional wetlands are within the lake excavation and maintenance area, agency permits shall also be submitted with the VRSF application. 3. Littoral plantings -- Two percent of the total area of the lake at control elevation must be planted between two feet below wet season water table to one foot above WSWT. The slope shall be 8:1 minimum. The littoral zone for the proposed lake shall be approximately 0.06 acres in area. 4. The conditional use is specifically subject to Section 2.2.25.8.1 of the LDC that requires all development to stopped if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery. Further compliance requirements are contained in the above-cited section. 5. Prior to excavation commencement, the applicant must seek and receive approval for an excavation permit from the Board of County Commissioners in compliance with LDC Section 3.5. · a. As part of the excavation permit submittal, the owner must provide stormwater calculations signed & sealed by a Florida professional engineer; b. The proposed lake must be redesigned in compliance with LDC Section 2.8.4.7 to provide sinuous shorelines; and c. Excavation permit plans must be modified to show a wet season water table to dry season water table fluctuation of six feet. d. Additional conditions or stipulations may be included as part of the review of the excavation permit application. e. The applicant must pay all excavation related fees as enumerated in LDC Section 3.5.9. CU-2002-AR-2366 Exhibit C G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366\Conditions for Ron Beaver Excavation 2.doc Page 1 of 2 6. The Current Planning Manager may approve minor changes in the location, siting, 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). 7. This Conditional Use shall expire 12 months after the date of issuance of the Clearing Permit. 8. Blasting is prohibited. 9. The excavation depth must not exceed 20 feet below original grade. 10. Off-site removal of the excavated material may be subject to the additional conditions as deemed appropriate by the Transportation Services Division. These conditions will be determined and refined as part of the Excavation Permit review process. 11. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 12. The applicant must obtain a clearing permit prior to any on-site clearing. Revised: 10/2/02 CU-2002-AR-2366 Exhibit C G:\Current\Deselem\Conditional Uses\Beaver CU-2002-AR-2366\Conditions for Ron Beaver Excavation 2.doc Page 2 of 2