Agenda 04/28/2020 Item #16A32 (Winchester Land, LLC Settlement - Sabal Palm Quarry)04/28/2020
EXECUTIVE SUMMARY
Recommendation to approve a Restoration and Settlement Agreement between Winchester Land,
LLC and Collier County to resolve a pending code enforcement case.
OBJECTIVE: To approve a Restoration and Settlement Agreement to address excavation outside of the
permitted area for the property commonly referred to as the “Sabal Palm Quarry” located off Sanders
Boulevard within Section 20 Township 50 Range 27 within Collier County, Florida.
CONSIDERATIONS: A request has been received by the Development Review Division, Growth
Management Department, from Winchester Land, LLC to enter into a Settlement Agreement to address
over-excavation of the property from mining activities and to resolve pending Code Enforcement Case
CESD20180014546. Specifically, Winchester Land, LLC desires to restore 9.3 acres of land that was
over-excavated. After review, staff has concluded that the proposed restoration, supplemental planning
and fencing plan are consistent with the Land Development Code (LDC), as further described herein.
The County had originally approved Provisional and Conditional uses for mining for Sander’s Mine in
PU 84-21C and PU 90-1 and through Resolution Nos. 91-258 and 92-174. Subsequent excavation permits
were approved for Sabal Palm Quarry in 2011. However, prior owners of the Sander’s Mine excavated
outside of the permitted area around 2004. The applicant attempted to apply for a Conditional Use permit
in 2018 to address the over-excavation; however, the subject property is designated as Rural Fringe
Mixed-Use, Natural Resource Protection Area (NRPA) Sending Lands. The RFMU overlay was
established in 2002; therefore, the over-excavation was prohibited. A conditional use to expand the
mining operation is not an allowed permitted, accessory or conditional use on this property, per the
Growth Management Plan and LDC (2.03.08.A.4). In addition, mining operations have ceased on the
property.
Pursuant to the terms of the Agreement, the County agreed that Winchester Land, LLC will restore 8.2
acres of wetlands and 1.1 acres of uplands in the northern portion of the property and remove exotic
vegetation on the remainder of the site, as depicted in Exhibit A of the Settlement Agreement. Earthwork
and supplemental plantings will be planted to restore three types of habitats: forested wetlands,
herbaceous wetlands, and forested uplands. The property owner will be required to retain a qualified
Preserve Manager to conduct annual monitoring, prepare and implement recommendations and prepare
annual monitoring reports to the County. Success criteria for supplemental plantings will meet the
requirements of the LDC 3.05.07.
In addition to the supplemental plantings, the owner has agreed to install a 6 -foot high fence around the
excavated area for security purposes to address the slopes of the lake, because the slopes do not fully
comply with the County’s requirements per the Code of Ordinances. Further, the owner has agreed to
secure the restoration work by either a letter of credit, cash bond or surety bond.
In conclusion, the Settlement Agreement(s) provides that: 1) restoration will occur in the over-excavated
portion of the Sabal Palm Quarry; 2) a fence will be installed around the lake; and 2) the County will
resolve the existing Code Enforcement Case on the property. A copy of the proposed Settlement
Agreement and Exhibits are attached hereto.
Staff has reviewed the Restoration and Settlement Agreement and recommends approval.
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FISCAL IMPACT: Funds will be recognized in the amount of $7,600 for unpaid development permit
fees.
GROWTH MANAGEMENT IMPACT: The settlement agreement has been reviewed against
Objective 6.1 of the Conservation and Coastal Management Element within the Collier County Growth
Management Plan and found to be in compliance because the provisions of the Settlement Agreement
meet the intent of the native vegetation preservation requirements for this property.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval.(HFAC)
RECOMMENDATION: To approve the Restoration and Settlement Agreement.
Prepared By: Matthew McLean, Director, Development Review Division, Growth Management
Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Restoration and Settlement Agreement with Exhibits (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.32
Doc ID: 12040
Item Summary: Recommendation to approve a Restoration and Settlement Agreement between
Winchester Land, LLC and Collier County to resolve a pending code enforcement case.
Meeting Date: 04/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/17/2020 10:25 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/17/2020 10:25 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 03/17/2020 10:32 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/17/2020 11:32 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/17/2020 1:38 PM
Growth Management Department Diane Lynch Deputy Department Head Review Skipped 03/17/2020 10:32 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/20/2020 2:00 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/20/2020 2:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/20/2020 4:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2020 10:28 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/23/2020 3:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2020 10:39 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
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SABAL PALM QUARRY
LOCATION MAP
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