Resolution 2001-089
13^ 3
RESOLUTION Ol-.B.!i..
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
EARTHMINING, CONDITIONAL USE "I" OF THE "A" ZONING
DISTRICT, PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 16, TOWNSHIP 50 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 "I" of Section
2.2.2.3 in an "A" Zone for earthmining on the property hereinafter described, and has found as a matter
of fact (Exhibit nAn) 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 Davidson, P.E., of Davidson Engineering, Inc., representing Jesse
Hardy, with respect to the property hereinafter described as:
NW Y. of Section 16, Township 50 South, Range 28 East, Collier County, Florida.
be and the same is hereby approved for Conditional Use "I" of Section 2.2.2.3 of the "A" Rural
Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit
nBn) and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
-1-
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 /~vI2- day of (~0i-~[4r ,2001.
. Gl~rk
Approved as to Form and
Legal Sufficiency:
'M~uj6lqe M. Studefit
Assistant County Attorney
g:/admin/CU-2000-16/RESOLUTION/CB/cw
BOARD OF ZONiNG APPEALS
COLLIER COUNTY, FLORIDA
BY: ~
JAMES DffARTERT, ~h. bT, 'IL~HAIRMAN
-2-
3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
The following facts are found:
Section 2.2.2.3 of the Land Development Code authorized the
conditional use.
2 o
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,
glo, 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, th~ti_onal use should, with
stipulations (copy attached) ~e
approval ' ~hould_~9~) be nded for
DATE: /-- ~--(~/ CHA~
EXHI~,~A~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
13A
The following facts are found:
Section 2.2.2.3 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:
Consistency with the Land Development Code and
Growth Management Pla~:
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 & egre/ss
Yes ~,"No
Affects neighboring properties in relation to noise,
gla~ei,,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, th~.s__q~ditional use should, with
stipulations, (copy attached) ~not) be recommended for
approval
DATE: ; / ~/~f MEMBER:
f/FINDING OF FACT MEMBER/CU-2000-16/CB/cw
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
3
The following facts are found:
Section 2.2.2.3 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:
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 & e~ress
Yes ~ No
Affects neighboring properties in relation to noise,
gla~e, 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, t~onal use should, with
stipulations, (copy attached) ~ld no~J be recommended for
approval
f;FINDING OF FACT MI~MBEPUCU-2000-16/CB/cw
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
3
The following facts are found:
Section 2.2.2.3 of the Land Development Code authorized the
conditional use.
2 o
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 Mana~: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 ingr~ &~qress
No
Affects neighboring properties in relation to noise,
glar~,.--e~n~n~ ic or odor effects:
<~ No ~i~ect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compati~le~'~e~within district
No
Based on the above findings, this conditional us~ Should, with
stipulations, (copy attached) (should not) be recommended for
approval ~ ~ /? ~ //
DATE: / 4 O! MEMBER: ..
f/FINDING OF FACT MEMBER/CU-2000-16/CB/cw
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
3
The following facts are found:
Section 2.2.2.3 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:
A. Consistency with the Land Development Code and
Growth Management P~
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 & ~s
Yes ~ No
Affects..z~/ghboring properties in relation to noise,
glar~'~economic or odor effects:
~ No affect or Affect mitigated by
__ Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the distric~;~-~
Compatible use,~i'~hin district
Yes / No
Based on the above findings, this conditional use should, with
stipulations, (c~opy attached) ~be recomm~d~d for
approval //~/~/~. /f./~ ~ /~/ /~
DATE: ~[~/~/ MEMBER/~~~~
f/FINDING OF FACT MEMBER/CU-2000-16/CB/cw
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-16
3
The following facts are found:
Section 2.2.2.3 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:
no
Consistency with the Land Development Code and
Growth Management P~l~n:
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
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings,
stipulations, (copy attached)
approval
this conditional use should, with
(should not) be recommended for
MEMBER:
f/FINDING OF FACT MEMBER/CU-2000-16/CB/cw
CONDITIONS OF APPROVAL
CU-2000-16
3
1. 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.
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
amheological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped, and the Collier County Code
Enfomement Director shall be contacted.
3. Hours of operation are restricted to 7:00 AM to 6:00 PM, Monday through Saturday.
No excavation or hauling activity is permitted on Sunday.
4. This Conditional Use shall expire 3 years after the date of issuance of the Agricultural
Clearing Permit or upon completion of phase one, whichever occurs first. Within the
initial 3-year period, the applicant is required to commence a bona fide aquaculture
activity on the site, which shall occupy all completed lakes. In order to continue the
excavation, the applicant shall request a new Conditional Use approval from the Board of
Zoning Appeals.
5. Blasting shall require a Blasting Permit.
6. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall
perform a site visit to determine the need for an agricultural clearing permit and to check
for any listed species. No work shall be done prior to that site visit.
7. The excavation will be limited to a bottom elevation of 20 feet. below original grade.
8. Off-site removal of material shall be subject to the standard conditions imposed by
the Transportation Services Division in the attached document dated May 24, 1988.
9. 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.
10. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and
the South Florida Water Management District (SFWMD) shall be presented prior to
issuance of an agricultural clearing permit.
11. Clearing shall be done in phases with agricultural clearing permits issued for one
phase at a time. Agricultural clearing permits for subsequent phases shall not be issued
until the previous phase (lake) is completed.
12. Trucks used to haul fill from the site shall not be allowed to transport this material
down Janes Scenic Drive.
13. Adequate dust control measures, including spraying water over all non-paved road
surfaces used by the trucks in conjunction with this earthmining activity, shall be
employed by applicant. Failure to utilize adequate dust control procedures shall be
sufficient cause to order cessation of the work.
EXHIBIT "C"
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
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The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
Off*site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
The Transportation Services Administration reserves the fight to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
EXHIBIT "B"
Page One of Two
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
Control of size/depth/number of charges per blast by the Development Services
Director.
The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended.
Reference to letter of 5/24/88
Revised 1/13/98
Page Two of Two