Resolution 1997-393RESOLUTION 97- 393
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF EXPANDING THE WILLOW RUN QUARRY
EARTHMINING BUSINESS CONDITIONAL USE '1" IN
THE 'A# AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTIONS 11, 12, 13 & 14,
TOWNSHIP 59 SOUTH, RANGE 26 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 ~de and provided, and has considered the advisability of
Conditional Use '1# extraction or earthmining, and related processing
and production not incidental to the agricultural development of the
property, of Section 2.2.2.3 in an "A# Agricultural zone for
expanding the Willow Run Quarry earthmining business 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 Bruce E. Tyson, ASLA of Wilson, Miller,
Barton & Peek, Inc., representing Willow Run Trust with respect to
the property hereinafter described as:
SE ~ of NE ~ 11-50-26 40 + ac.
NE ~ of NE ~ 11-50-26 40 +_ ac.
SW ~ of NN ~ 12-50-26
40 * ac.
NW ~ of NW ~ 13-50-26 40 ~ ac.
NE ~ of NE ~ 14-50-26 40 ~ ac.
Total 200 + ac.
be and the same is hereby approved for Conditional Use 'l",
extraction or earthmining and related processing and production not
incidental to the agricultural development of the property, of
Section 2.2.2.3 of the 'A# zoning district for expanding the Willow
Run Quarry earthmining business in accordance with the Conceptual
Master Plan (Exhibit "B") and subject to the following conditions:
a. The Planning & Technical Services 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 No. 91-102).
b. Prior to issuance of the Excavation Permit, applicant
shall submit a Geological Report with borings showing
depth of confining layer, if such a layer exists.
Conclusions in the report will be verified by County Staff.
Lake depth will be limited to 50' or to the confining
layer, whichever is shallower.
c. The Petitioner will obtain the necessary permits from
the Army Corps of Engineers, the South Florida Water
Management District and the Florida Department of
Environmental Protection.
d. Prior to issuance of the excavation permit, or by
September 1, 1997, whichever comes first, the applicant
shall submit a water quality monitoring plan for salinity.
The plan shall be in effect until it has been decided by
County Staff that no adverse impacts are occurring.
e. The Petitioner shall retain fifteen percent of the
existing native vegetation on site pursuant to Section
3.9.5.5.4., LDC.
f. Environmental permitting shall be in accordance with
the State of Florida Environmental Resource Permit
Rules and be subject to review and approval by Current
Planning Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for
impacts to Collier County Jurisdictional wetlands.
g. Buffers shall be provided around the wetlands,
extending at least fifteen (15) feet landward from the
edge of wetland preserves in all places and averaging
twenty-five(25) feet from the landward edge of the
wetlands. Where natural buffers are not possible,
structural buffers shall be provided in accordance with
the State of Florida Environmental Resource Permit
Rules and be subject to review and approval by Current
Planning and Environmental Staff.
h. An exotic vegetation removal, monitoring, and
maintenance (exotic free) plan for the site, with
emphasis on the areas of preservation, shall be
submitted to Current Planning and Environmental Staff
for review and approval prior t° issuance of an
Agricultural Clearing Permit.
i. Petitioner shall comply with the guidelines and
recommendations of the U.S. Fish and Wildlife Service
(USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species
are observed on site, a Habitat Management Plan for
those protected species shall be submitted to Current
Planning Environmental Staff for review and approval
prior to issuance of an Agricultural Clearing Permit.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
T/MO~H~.v HANQ~K, Chairman
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITI~ USE PETITION
FOR
CU-97-1,,
The following facts are found:
Section 2.2.2.3.1 of the Land Development Code authorized
the conditional use.
me
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 ~snd Development Code and Growth
Management Plan: j
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 cas~/of fire or catastrophe:
Adequate ingress/& egress
Yes ~'No
C. Affects neighboring properties in relation to noise,
glare, economi~r odor effects:
No ~ffect or __ Affect mitigated by
Affect cannot be mitigated
De
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 reco~w,ended for
approval
CHAIRMAN
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1~-
The following facts are found.-
Section 2.2.2.3.1 of the Land Development Code authorized
the conditional use.
e
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 P~:No
Yes
B. Ir~3ress and e~ress 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 V' No
C. 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 i/ No
Based on the above findings, this conditional use should, with
· tipulation., (copy attached) (should-- be/~<<__nded~~
approval .
£/CU-97-1~ FIXDnm O~ FACT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1''
The following facts are found:
1. Section 2.2.2.3.1 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:
Ae
Consistency with the Land Development Code and
Growth Management~lan:
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~4 No
C. ~ffects neighboring properties in relation to noise,
glare,~economic or odor effects:
~__~___ NO affect or __Affect mitigated by
__Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the\district:
Compatible Re within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recon~nended for
approval . ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1
The following facts are found:
Section 2.2.2.3.1 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:
ae
Consistency with the Land Development Code and
Growth Manage: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 ing~~ess
No
C. Affects nei properties in relation to noise,
glare,~~--~C~orodor effects:
~ _~/'No~u~fece or Affect mitigated by
'~l----"-Affece c~be mitigated
D. Compatibility with adjacent properties and other
property in
Compatib~us~'~thin district
Chis conditional use should, with
(should noel be recommended for
Based on the above findings,
stipulations, (copy. attached)
approval /~/~/~&/~ .
DATE:
FaCT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-1~/
The following facts are found:
Section 2.2.2.3.1 of the Land Development Code authorized
the conditional use.
me
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 ~.~
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 &~r6ss
Yes v No
C. Affects neighboring properties in relation to noise,
glare,.~nom/c or odor effects:
y No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the distric3L~-
Compatible u~e~hin district
Yes [/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (~ bere~ended for
approval
COLtIER COUNTY PLANNING COMMISSION
FOR
7% CONDiTiONAL USE I:'ET~T:rON
FOR
CUo97-1~
The following facts are found:
Section 2.2.2.3.1 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 P.lan3~
Yes L./ No__
B. Ingress and egress to property and proposed
structures thereon with part£cular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &. e/~ess
Yes ~ No
C. Affects neighboring properties in relation to noise,
glare, ecorjmetic or odor effects:
[/No affect or Affect m/tigated by
__Affect cannot be mitigated
De
Compatibility with adjacent properties and other
proper~y in the district:
Compatible us~within d/strict
Yes ~" No
Based on the above fip~lings, this conditional use should, with
etipulatiorm,~ (co$~! attached)
approval /~ j .
be_recommended for
! :
Exhibit=B