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BOOK – 2011Z - B.O.C.C.-----------------------------------
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--PAGE: 541
NOVEMBER 21, 2011
The
Zoning Meeting
of the
was held this date with the following
Commissioners present:
The Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
NAME: DANIELS PRESERVE MPD
REQUEST: Amend Zoning Resolution #Z-08-044, Daniels Preserve Mixed Use Planned
Development (MPD) +/- 23.5 acres of property, to amend the schedule of uses, and to
make changes to the master concept plan. No development blasting is requested. Any
development will require connection to public potable water and public sanitary sewer
services.
LOCATION: Property is located at 12801-821 Commerce Lakes Drive and Express Court, Address
Community Development Senior Planner Tony Palermo reviewed the request, noted that Staff and Hearing Examiner
(HE) both recommended approval with conditions, and stated that a November 15, 2011 Memorandum had been
provided to the Board recommending deletion of Conditions 12, 13, 14 and 20; and noted that the applicant is in
agreement. He further noted there were no Participants of Record. Following brief Board discussion with Mr.
Palermo responding to questions, Commissioner Mann moved approval to delete the conditions recommended by
Staff, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. Z-11-016
REQUEST: Rezone 1,803.5 acres from Agriculture District (AG-2) to Mine Excavation Planned
Development (MEPD) to allow mining activities (construction materials mining
operation) including administrative offices and rock crushing operations. A 110-foot
maximum mine depth is proposed. The mine duration is 35 years. Maximum structure
height is 90 feet. Blasting and dewatering are proposed.
Community Development Senior Planner Tony Palermo reviewed the request, noted that the Hearing Examiner (HE)
recommended denial and Staff recommended a much broader scope, and stated there were fifty eight (58) Participants
of Record. Assistant County Attorney Michael Jacob pointed out a procedural issue noting that when reviewing the
HE’s recommendation it was found that the HE implied the wrong legal standard for the burden of proof for the
County’s position and the Board should not rely on the HE’s recommendation in this case. Board discussion ensued
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BOOK – 2011Z - B.O.C.C.-----------------------------------
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--PAGE: 542
on the HE’s recommendation with Chief Assistant County Attorney Donna Marie Collins and Attorney Jeff Fridkin
of the Law Firm of Grant, Fridkin, Pearson, Athan & Crown, PA (GFPAC) representing the applicant, responding to
questions. Presentations were provided by: Development Review Senior Engineer Robert Price regarding
Transportation, Environmental Sciences representative Susie Derheimer regarding Environmental issues, Natural
Resources Director Roland Ottolini regarding Natural Resources, and Community Development Principal Planner
Exhibits
were provided by the four (4) presenters (copies on file in the Minutes
office). In summary, Mr. Palermo stated that the applicant did not meet the four (4) C’s: Capacity, Conservation,
Compatibility, and Consistency; and recommended that Board deny the case. Attorney Fridkin and Attorney Michael
Traficante both of the Law Firm of GFPAC, representing the applicants, provided an overview of their
Strategic
Mining Plan
and
rebuttal
to the HE’s and Staff findings and recommendation for denial (copy on file in the Minutes
office). The Chairman called on the Participants of Record, and the following citizens came forward:
Estero resident
Lighthouse Bay Community representative
handout)
Estero resident
Bill Lytell
Honc Marine Construction owner David Mulicka
Estero resident Neal Noethlich
Florida Wildlife Federation representative
Estero resident
Arvo Rahe
Responsible Growth Management Coalition (RGMC) life member
(
handout a letter)
Attorney Matt Uhle with Knott, Consoer Law Firm, representing Bryan Zingel of Lehigh Acres
Commissioners Judah, Manning, Hall, and Mann left the meeting briefly during the Participant’s comments.
Following a short break, the Chairman called the meeting back to order with all Commissioners present.
At the request of Chairman Manning, Attorney Michael Traficante of the GFPAC Law Firm, representing the
applicants, provided a summary of the reasons for the Board to recommend approval of the case. Commissioner
Bigelow left the meeting briefly. Further Board discussion followed with Chief Assistant County Attorney Donna
Marie Collins and Mr. Ottolini responding to questions. Following comments by Commissioner Judah on compelling
evidence as indicated by Staff’s recommendation and moved to deny the proposed rezoning request of the mining
operation, seconded by Commissioner Mann. After response by Ms. Derheimer to questions from Commissioner
Bigelow, the motion was called and carried.
RESOLUTION NO. Z-10-037
The Chairman adjourned the meeting at 1:25 p.m.
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