Resolution 2001-032
13A 1
RESOLUTION ol-~2
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF EARTHMINING, CONDITIONAL USE "I" IN THE A-
MHO ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 47
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" I" of Section
2.2.2.3 in an A-MHO Zone for earthmining 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 Jeff L. Davidson, P.E. of Davidson Engineering, Inc. representing Big
Island Excavating, Inc., 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 "1" of Section 2.2.2.3 of the A-MHO Zoning
District 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.
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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 ~.3 ~ day of ~-~.~.~~~ ,2001.
Legal Sufficiency:
Marj o~e~ l{/I. ~tudent'
Assistant County Attorney
and
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
CHAIRMAN, gO'MISSIONERS
g:/admin/CU-2000-11/RESOLUTION/FR/ts
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COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
13/1, 1
CU-2000-11
The following facts are found:
1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use.
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:
Ao
Consistency with the Land D/evelopment Code and Growth Management Plan:
Yes c~ 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-0dOr
effects:
~//No affect or ~ Affect mitigated by __
Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
Compatible use within ~iistrict
Yes ~/ No
Based on the above findings, this c~ use should, with stipulat~9ns, (copy attached)
(~ be recommended f~ · ~///~
THE..,
ESTATES
47
,/
.l
PARCEL A
THE NORTHEAST 1/4 OF SEC~ON 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA. THE EAST ONE-HALF (E 1/2) OF THE NORTHEASl
ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-OUARTER~ (NE 1/4) OF ,THE
NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SEC~3ON 2~LESS THE NORTH 50
FEET FOR COUNTY ROAD 846; AND THE EAST 0NE-HALFI(E 1/2) 0~ THE
SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARtER (NE 1/4)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECllON 2~j~AND EAST
(E 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SO[ITHEAST
ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID
1
AND ~
PARCEL B
COMMENCING AT THE NORTHEAST CORNE.R OF SEC~ON 25, TOWNSHIP 47
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. RUN NORTH :
89"22'10' WESl 352.65 FEET ALONG THE NORTH LINE OF SAID S[C~0N
25, SAID LINE ALSO BEING THE CENTER LINE OF C. R. 846;
THENCE SOUTH 00~)9'10' WEST 50,00 FEET TO THE SOUTH RIGHT-OF- '...
WAY LINE OF C. R. 846 AND THE POINT OF BEGINNING; THENCE
SOUTH 00~39'10" W~ST 2,611.52 FEET; THENCE NORTH 89'24'40' ',
WEST 1,554.60 FEET ALONG THE EAST-WEST 1/4 LINE OF SAI0 SEC3]ON 2~;
THENCE NORTH 00~4'19' EAST 1,531.26 FEET; THENCE SOUTH
89"25'20' EAST 555.51 FEET; THENCE NORTH 0042'14" EAST 1,281.09
FEET TO THE SAID-SOUTH RIGHT-OF-WAY LINE OF C. R. 846;
THENCE SOUTH 89'22'10' EAST 997.97 FEET ALONG SAID RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING.
AND
PARCEL C
THE WEST ONE-HALF (W 1/2) OF THE NORTHEAST ONE-QUARTER (NE I /4)
OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE--
QUARTER (NE 1/4) OF SEC3~ON 25, LESS THE NORTH 50 FEET THEREOF- AND
LESS THE SOUTH 50 FEET THEREOF RESERVED FOR ROAD PURPOSES.
L~ING AND BEING IN TOWNSHIP 47 SOUTH, RANGE 27 EAST. COLLIER
COUNTY, FLORIDA.
AND
PARCEL D
THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1 /4) OF
THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-
QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP 47 SOUTH. RANG[ 27 EAST,
LESS THE NORTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES, SAID
LAND L~3NG, BEING AND SITUATED IN COLLIER COUNTY. FLORIDA.
AND
PARCEL E
THE EAST ONE-HALF (E I/2) OF THE SOUTHEAST ONE--QUARTER (SE 1 /4) OF
THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-
QUARTER (NE 1/4) OF SEC33ON 2§, TOWNSHIP 47 SOUTH. RANG[ 27 EAST,
'COLLIER COUNTY. FLORIDA.
AND
PARCEL F
THE EAST ONE-HALF (El/2) OF THE SOUTHEAST ONE--QUARTER (SE 1/4) OF
THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ON[-
QUARTER (NE 1/4) OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST.
LESS THE NORTH 30 FEET THEREOF RESERVED FOR PURPOSES, BEING IN ,
COLLIER COUNTY, FLORIDA.
AND
PARCEL G'
THE EAST. ONE-HALF (E 1/2) OF THE NORTHEAST ONE-QUARTER (NE I/4)i OF
THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NOR'[HEAST ONE-
QUARTER (NE 1/4) OF SEC~qON 25, TOWI~SHIP 47
LESS THE NORTH 50 FEET THEREOF AND LESS THE SOUTH 30 FEET
THEREOF RESERVED FOR ROAD PURPOSES. ALL IN COLLIER COUNTY.
FLORIDA. '
Exhibit "C"
3~
CONDITIONS
CU-2000-11
1. Blasting is permitted subject to Division 3.4 of the Collier County Land Development Code
(Explosives). In addition to the provisions of Division 3.4, the County shall notify, by letter,
property owners within 300 feet, a minimum of 10 days prior to blasting. The petitioner shall pay
for the expense of this notification. Blasting shall not be permitted within 90 days of the previous
blast.
2. A required lake littoral zone planting area of 10% of the perimeter of the shoreline is required
prior to final acceptance of the excavation by the Planning Services Director.
3. Prior to final acceptance of the excavation by the Planning Services Director, a 20-foot
maintenance easement around the perimeter of the lake shall be dedicated to Collier County with
no responsibility for maintenance.
4. Pursuant to Section 2.2.25.8.1 of the Collier County 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.
5. Access to the site shall be via Immokalee Road only.
6. Hours of operation are regulated by Division 3.5 of the Collier County Land Development Code
(Excavation).
7. This earthmining operation shall be reviewed for compliance with the conditions of this
Conditional Use and applicable provisions of the Collier County Land Development Code, by the
Board of Zoning Appeals at its meeting of January 28, 2003, with biannual (every two years)
review continuing for the life of the operation unless such subsequent review(s) are waived by the
Board of Zoning Appeals.
8. Water pumps shall be muffled and encased in a protective housing prior to commencement of
earthmining on the southern 102 acres.
9. A berm, planted with Bahia grass and a minimum of 10 feet in height from natural ground
elevation, shall be constructed along the western property line of the entire excavation prior to the
commencement of earthmining on the southern 102 acres.
10. A performance bond shall be posted in accordance with the provisions of Division 3.5 of the
Collier County Land Development Code (Excavation).
EXHIBIT "D"