Resolution 2000-052
13A2
RESOLUTION 2000-22
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USE NUMBER 1 FOR EARTHMINING
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 ofthe 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 offact (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:
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The petition filed by David Carter representing William J. Fognini, with respect to the property
hereinafter described as:
Exhibit "B II which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "I" 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.
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 J:t;L day of ~ ,2000.
BOARD OF ZONING APPEALS
COLLIER CO A
Attest as to Cha1r11ft's
signature onl,.
.,ATTEST: .
DWIGHT E.BROCK. Clerk
.Approvedas to Form and
tegal Sufficiency:
~J) If}c-):l~
M . M. Scuden
Assistant County Attorney
f/CU-99-22
RESOLUTIONI
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131\2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-22
The following facts are found:
1. Section 2.2.2.3.1 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 ~nd Development Code and Growth
Management P :
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:
Adequat~ & egress
~NO
Affects neighboring properties on to noise,
glare4 economic or odo ects:
No affect or Affect 'ti ~~~~S
Affect canno e 19ated
C.
D. Compatibility with adjacent properties and other
property in the district:
Compatible ~in district
~NO
Based on the above findings, this conditional use should, with
stipulations, (c~p~ attached) (should not) be recommended for
::::~va;;ztJ:::,iOIf1/ CHAIRMAN, jJ J jAil
I (
f/FINDING OF FACT CHAIRMAN/
Exhibit "A"
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CU-99-22
Legal Description
DESCRIPTION:
(BASED ON CLIENT INPUT - LISTED AS INDIVIDUAL 5
Ac.:!:: TRACTS)
THE WEST 3/4 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4; AND;
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
CONTAINING: Ac. MORE OR LESS
EXHIBIT ""B"
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13A2
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13A2
CU-99-22
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department shall be contacted.
2. Prior to commencement of the earthmining operation, the petitioner shall pave an
apron at the intersections of Immokalee Road with Platt Road and Friendship Lane. The
apron shall extend trom the edge of the existing pavement to the right-ot-way line. The
apron shall include a culvert and the adjacent swales shall be repaired.
3. Collier County has no responsibility for maintenance of the dirt access roads.
4. Prior to commencement of the earth mining operation, the petitioner shall construct
turn lanes in each direction at the intersections of Immokalee Road with Platt Road and
Friendship Lane.
5. Road impact fees, calculated on the total excavation, shall be paid prior to
commencement of the earthmining operation.
6. The earthmining operation ;s limited to weekdays between 8:00 AM and 6:00 PM.
7. For the duration of the operation, the petitioner shall water daily, grade weekly, and fill
potholes weekly on Platt Road and that portion of Friendship Lane between Platt Road
and Immokalee Road.
8. Prior to commencement of the operation, the petitioner shall construct a school bus-
stop shelter within the right-of-way on the south side of Immokalee Road and its
intersection with Friendship Lane. The petitioner shall maintain the shelter for the
duration of the earthmining operation.
9. Prior to commencement of the earthmining operation, the petitioner shall prOVide a
compacted lime rock base, a minimum of 12 inches deep on Platt Road and Friendship
lane north of Platt Road. The roads shall be maintained at a minimum of 60 feet in
width.
10. Prior to construction of the turn lanes, the petitioner shall relocate existing mailboxes
in order to maintain "drive-up" access.
11. Prior to commencement of the earth mining operation, the property shall be fenced.
12. Within one week of the cessation of the earthmining operation, final maintenance to
the roads shall be completed (including grading and the filling of potholes).
EXHIBIT "0"