Resolution 2021-013 RESOLUTION NO. 21 - 13
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA AMENDING
RESOLUTION NO. 03-332, WHICH ESTABLISHED A
CONDITIONAL USE FOR EARTHMINING, TO EXPAND
THE CONDITIONAL USE FOR EARTHMINING
PURSUANT TO SECTION 2.03.01.A.1.c.1 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE BY ADDING
231.73± ACRES AND REVISING THE CONDITIONS OF
APPROVAL FOR THE PROPERTY LOCATED IN THE
AGRICULTURAL (A) ZONING DISTRICT WITHIN THE
MOBILE HOME OVERLAY (MHO) AND THE RURAL
LANDS STEWARDSHIP AREA OVERLAY (RLSAO), FOR A
TOTAL OF 450.7± ACRES. THE PROPERTY IS LOCATED
ON THE WEST SIDE OF SR 29 NORTH, SOUTH OF SR 82
IN THE IMMOKALEE PLANNING AREA IN SECTIONS 18
AND 19, TOWNSHIP 46 SOUTH RANGE 29 EAST,
COLLIER COUNTY, FLORIDA. (PL20190000808)
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. 2004-41, as amended) 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, on September 23, 2003, the Board of Zoning Appeals approved Resolution
No. 03-332 which provided for the establishment of a conditional use "1" for earthmining in the
"A-MHO" Rural Agricultural zoning district within the Mobile Home Overlay; and
WHEREAS, the Board of Zoning Appeals (Board), 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 expanding the
conditional use for earthmining pursuant to Section 2.03.01.A.1.c.1 of the Collier County Land
Development Code by adding 231.73± acres to the conditional use for property in an
Agricultural (A) zoning district within a Mobile Home Overlay (MHO) and the Rural Lands
Stewardship Area Overlay (RLSAO), on the property hereinafter described, and the Collier
County Planning Commission has made findings that the granting of the Conditional Use will
not adversely affect the public interest and the specific requirements governing the Conditional
Use have been met and that satisfactory provision and arrangement have been made concerning
[20-CPS-01969/1587501/1] 165
Edwards Grove Road Mine/PL20190000808
12/10/20 Page 1 of 2
all applicable matters required by said regulations and in accordance with Subsection
10.08.00.D. of the Land Development Code; 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:
Petition Number CU-PL20190000808 filed by Southwestern Properties, LLC &
Tippen Bay Properties, LLLP, be and the same is hereby approved for a Conditional Use to
amend Resolution No. 03-332 to expand the conditional use for earthmining pursuant to Section
2.03.01.A.1.c.1 of the Collier County Land Development Code by adding 231.73± acres to the
conditional use for property in an Agricultural (A) zoning district within a Mobile Home Overlay
(MHO) and the Rural Lands Stewardship Area Overlay (RLSAO) for the property hereinafter
described in Exhibit A, totaling 450.7 acres, in accordance with the Conceptual Site Plan
described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this ►a day of
r , 2021.
ATTEST: BOARD OF ZONING APPEALS
CRYSTAL K. KINZEL, CLERK COLLIER 0/ i;
FLORIDA
kBy:
• ut Clerk nn Taylo
Attest as to GNairr� y y y
signature only. Chairman
Approved as to form and legality:
6/t(di A
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A -Legal Description
Exhibit B -Conceptual Site Plan
Exhibit C-Conditions of Approval
[20-CPS-01969/1587501/1] 165
Edwards Grove Road Mine/PL20190000808
12/10/20 Page 2 of 2
piCOASTAL CECI Group Services
ENGINEERING Coastal and Marine Engineering
CONSULTANTS Environmental and Geological Services
ati INC. Land and Marine Survey and Mapping
Website: www.coastalengineering.com
A CECI GROUP COMPANY
EXHIBIT "A" (1 OF 2)
BARFIELD GROVE PARCEL
REVISED LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER(SW '/4) OF SECTION
18, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND A PART OF THE NORTH ONE-HALF
(N %2) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 18 RUN N 00°25'14"W FOR
A DISTANCE OF 1,331.53 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST
ONE-QUARTER (SW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW '/4) OF SAID SECTION
18;
THENCE ALONG THE NORTH LINE OF SAID QUARTER-QUARTER LINE N
88°51'13" E 2,481.73 FEET;
THENCE LEAVING SAID LINE S 00°55'38" E 2,658.69 FEET;
THENCE N 89°04'22" E 84.00 FEET;
THENCE S 00°35'34"E 1,352.26 FEET TO AN INTERSECTION WITH THE EAST-WEST
QUARTER LINE OF SAID SECTION 19;
THENCE ALONG SAID QUARTER LINE S 89°27'14" W 2,589.72 FEET TO THE WEST
ONE-QUARTER CORNER OF SAID SECTION 19;
THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°29'38" W 2,652.80
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 231.73 ACRES FEET OF LAND.
BEARINGS ARE RELATIVE TO NORTH AMERICAN DATUM (NAD) 1983, FLORIDA EAST
ZONE.
28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726
Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
E-mail:jpfohcecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
COASTAL ENGINEERING CONSULTANTS, INC.
EXHIBIT "A" (2 OF 2)
SOUTHWESTERN PROPERTIES
REVISED LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18 AND THE
NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN S 00°38'42" E
ALONG THE EAST LINE OF SAID SECTION FOR A DISTANCE OF 2692.02 FEET TO A
CONCRETE MONUMENT BEING THE EAST QUARTER CORNER OF SAID SECTION 19;
THENCE ALONG THE EAST-WEST QUARTER LINE OF SAID SECTION 19 S 89°27'00" W
2341.08 FEET TO THE WESTERLY LINE OF THOSE LANDS RECORDED IN O.R. BOOK
3330,PAGE 3215 AND THE EASTERLY LINE OF THOSE LANDS RECORDED IN O.R. BOOK
5350, PAGE 1271, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG SAID LINE N 00°35'34" W 1352.26 FEET;
THENCE S 89°04'22" WEST 84.00 FEET;
THENCE N 00°55'38" W 2658.69 FEET TO A POINT ON THE EAST-WEST QUARTER LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 18;
THENCE N 88°47'54" E ALONG SAID LINE FOR A DISTANCE OF 2437.77 FEET TO A
CONCRETE MONUMENT BEING THE EAST QUARTER CORNER OF SAID SOUTHEAST
1/4;
THENCE S 00°36'52" E ALONG THE EAST LINE OF SAID SECTION 18 FOR A DISTANCE
OF 1346.05 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE EASTERLY THIRTY (30) FEET THEREOF.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 218.97 ACRES OF LAND.
BEARINGS ARE RELATIVE TO NORTH AMERICAN DATUM (NAD) 1983, FLORIDA EAST
ZONE.
3106 S.Horseshoe Drive,Naples,Florida 34104•Phone(239)643-2324 Fax(239)643-1143•E-mail:info@cecifl.com
SERVING FLORIDA SINCE 1977
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Exhibit B Qa=S
ow
Exhibit C
Conditions of Approval
1. Edwards Road Grove Road Mine Conditional Use shall be limited to what is depicted on the
"Master Concept Plan, revised 11/03/2020,"prepared by Davidson Engineering.
2. The petitioner shall obtain a South Florida Water Management District Agricultural Surface
Water Management Permit or permit modification for this site, if applicable.
3. The site shall be cleared of all exotic vegetation and maintained exotic-free in perpetuity.
4. Material hauling activities are permitted from 5:00 a.m. to 5:00 p.m., Monday through
Saturday and 24 hours a day Monday through Sunday for excavation and processing activities.
5. The excavation shall be contained by a berm constructed to the height of the 100-year flood
elevation. Unless the berm contains adequate clay content to slow the flow of water (as
determined by the Collier County Engineering Division), the berm shall contain a membrane
impervious to water.
6. The site shall be limited to a maximum of 49 pm peak hour, two-way trips based on the use
codes in the ITE Manual on trip generation rates in effect at time of application for SDP/SDPA
or subdivision plat approval, or based on an alternate methodology accepted by staff at time of
application for SDP/SDPA in accordance with the County's Traffic Impact Statement (TIS)
guidelines in Resolution No. 2006-299, as it may be amended.
7. Evidence of U.S. Fish and Wildlife Service(FWS)and Florida Fish and Wildlife Conservation
Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black
bear and other listed species will be required prior to excavation permit approval,if applicable.
8. A littoral shelf planting area to commence during the reclamation phase of the project shall be
shown on the excavation permit for this petition and shall meet the current standards of the
Land Development Code at time of submittal of the Commercial Excavation Permit.
9. Prior to any vehicular use of the additional 231.73± acres, the owner shall post two (2) signs
along the on-site entry drive,clearly visible to vehicles entering and leaving the site,providing
information regarding potential panther presence and notifying drivers of the need to use
caution. Sign wording, placement and size will be reviewed and approved by the Collier
County Environmental Staff during review of the Commercial Excavation Application or other
local development order, whichever is the first to allow vehicular use of the 231.73± acres.
10. All other applicable state or federal permits must be obtained before commencement of the
development.
[20-CPS-01969/1587278/1]
11. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a County does not
in any way create any rights on the part of the applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the county for issuance of the
permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by
a state or federal agency or undertakes actions that result in a violation of state or federal law.
12. The westernmost 200 feet of the parcel shall be reserved for road right-of-way, for the purpose
of the future Little League Road extension. Within 90 days of receipt of written notification by
Collier County Transportation that the property is needed,the owner will convey the requested
property to the County, for fair market value on the date of the conveyance.
13. The petitioner shall be responsible for maintenance of Edwards Grove Road, from State Road
82 to the subject 450.7±acre property line, for the duration of the mining operation. Edwards
Grove Road shall be paved a minimum of 22 feet in width and a depth of 1.5 inches of asphalt
or asphalt millings. A Dust Control Plan, for Edwards Grove Road, shall be submitted with the
Excavation Permit.
[20-CPS-01969/1587278/1]