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Resolution 2001-453 I I / C lLl :> ;jj I, :w ~~~ ... ... ... ~ '78 , IL, RESOLUTION NO. 01- 453 '" .... (--:-) ~.~~J . ~ (:.~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EARTHMINING CONDITIONAL USE "1" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~J ~ ;;:. r.', ...... .., '" '- '" -:( 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 "1" of Section 2.2.2.3. in an "A" Rural Agricultural Zone for earth mining 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 RWA, Inc., representing Hideout Golf Club, Ltd., with respect to the property hereinafter described as: The North 1/2 of the Northeast 1/4 of the northeast 1/4 of Section 25, ~h, Range 26 East, Collier County, Florida. -1- be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is 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. Donethis c~"'~~ dayof /~~m~~ ,2001. BOARD OF ZONING APPEALS ~ . COLLIER COUNTY__,FLORiDA · JAM~. CARTER, Ph.d., CHAIRMAN ;_:," .,,'% . ,., o. o.,,.. ,~ ~. .'.. -- ',,,' · ~,,~.,-~,;~,-. ~,,~ _ Approved,i~s,to worm and Legal Sufficiency: ~a~ ~ ~tud~t- Assistant County A~ornoy FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 The following facts are found: 1. Section __2 2.2.3 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: u~/ 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.~ith stipulations, (copy attached) (~ not) be recom~a ~or approval ___ · . ~~ ~ [~ EXHIB~ "A" ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 The following facts are found: 1. Section __2.2.2.3. 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 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 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE:~ MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 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 th~/Land Development Code and Growth Managementyes ~'¢~n: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: & ~gress Adequate ingress Yes ~ No Affec~ neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect c'annot be mitigated Do Compatibility with adjacent properties property in the distr/.'ct: Compatible use/~ithin district Yes V No and other Based on the above findings, this conditional use should, with stipulations, (copy, attached) (should not) be recommended for approval/_ /_AP~OV~ · DATE: /////0/ MEMBER: FINDING OF FACT' BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 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: Ac Consistency with the Land Development Code and Growth Management Pl~an: 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 &.ggress Yes ~ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: % No affect or Affect mitigated by Affect c~nnot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible use/within district Yes V No Based on the above findings, t~itional use should, with stipulations, (copy attached)qshoul_~d;not) be recommended for approval, i '1"~'~---"~''~-'~'i'-ii' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 The following facts are found: 1. 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: Ac 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 Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u~ within district Yes v No  above findings, this conditional use~ , (copy attached) (should not) be recommer~m~a / FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION The following facts are found: 1. Section ~2.2.2.3. 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 P~: 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 &.~ress Yes F No C.Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or /'Affect mitigated ~_~ Affect ca--~-~ be mitigate~ //. D. Compatibility with adjacent properti~and other property in the district: Compatible use within distri~ Yes l/ No ,/ _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should~ot) be recommended for approval ~ER FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 The following facts are found: 1. Section __2.2.2.3. 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 Y, 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~ with stipulations, (copy attached) (should not) be recommended for approval ~~ DATE: '1-,-0, MEMBER:~ ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-371 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: ao Consistency with the Land Development Code and Growth Management PI~: 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 & eg~ess 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 ~ithin district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (~py attached) for approval DATE: (should not) be r.~ommended / ?B ,<: E.-, I i-4 I ?B CONDITIONS OF APPROVAL CU-2001 -AR-371 This approval is conditioned upon the following stipulations: 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). 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. This excavation shall comply with the requirements of the Excavation Ordinance. This Conditional Use shall expire 12 months after the date of issuance of the Clearing Permit. All hauling activities shall take place between 8:30 AM and 3:30 PM. Fill trucks shall not be allowed to use 13th Street bridge. 5. Blasting shall require a blasting permit and shall be limited to 4 weeks in duration. There shall be no blasting prior to 12.00 Noon. Pre-blasting survey shall include all homes abutting the subject site. 7. The excavation will be limited to a bottom elevation of 20 feet below original grade. 8. Off-site removal of the excavated material shall be subject to the standard conditions imposed by the Transportation Services Division in the attached document dated May 24, 1988. 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. petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) regarding potential impact to protected wildlife species on- site. 11.The applicant must obtain an agricultural clearing permit prior to any on-site clearing. EXHIBIT "C" Page 1 of 3 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL "71] 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. o 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 right 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 track loadings leaving the permit's property conform to the applicable weight restriction. o 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 "C" Page 2 of 3 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. Do 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 Exhibit "C" Page 3 of 3