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(239) 335-2236
Facsimile (239) 335-2118
December 17, 2003
William W. Merrill, III, Esq.
Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.
2033 Main Street, Suite 600
Sarasota, FL 34237-6091
Re: Ripeness Decision, Schwab 640, Challenge under Bert J. Harris,
Jr. Private Property Rights Protection Act
LU-03-06-2159.B.1.
Dear Bill:
On June 2, 2003, the legal representatives of Schwab served the County
with the Notice of Intent to seek relief pursuant to Florida Statutes
Chapter 70.001, the Bert J. Harris, Jr., Private Property Rights
Protection Act. Pursuant to the Act, the government has 180 days to issue
a written Ripeness Decision. The Decision must identify the allowable uses
to which the property may be put. This Decision constitutes the last
prerequisite to judicial review of the matter.
Please accept this correspondence as the Ripeness Decision contemplated
by the Act. Accordingly, be advised that the allowable uses to which the
subject property may be put are as follows:
1. Pursuant to Lee County Zoning Resolutions Z-89-081 and Z-89¬-081A,
the property is currently approved for an excavation/mining use with
buildings not to exceed 35 feet in height. The hours of operation are
between 7:00 a.m. and 6:00 p.m., Monday through Friday. The Master
Concept Plan approves the following uses:
(a) excavation with associated office and truck scales for mining
operations phases;
(b) maximum permitted excavation depth is 20 feet below current
terrain or to the confining layer, whichever is first encountered;
(c) penetration of the confining layer is prohibited;
(d) dewatering is prohibited; and
(e) fill material may be mined “wet” using a suction dredge or a
dragline.
2. Lee County Development Order LDO2001-00070 (Type 8), approved
August 2, 2002, authorizes the excavation of Phase I, covering
approximately 10 acres of property. Further phases are eligible for
development order approval consistent with the terms of Resolution Nos.
Z-89-081 and Z-89-081A.
3. All property is located in the Density Reduction/Groundwater
Recharge and Wetlands future land use categories of the Lee Plan. As
such, the property may be used for low density residential uses (one
dwelling unit per 10 acres in the DR/GR areas, and one dwelling unit for
20 acres in the areas designated as wetlands). In addition, the property
is suitable for recreational uses that will not adversely affect the
ecological functions of the wetland areas.
In the DR/GR classified land areas, the property may be used for
agriculture, natural resource extraction and related facilities (see
current approvals), conservation uses, publicly owned gun range
facilities provided the property is rezoned to the CFPD zoning district;
private recreational facilities, including nature trails, tent camping
areas, boardwalks, play areas, horse stables and riding areas, service
areas, administrative areas, ancillary uses and golf courses; public
well heads and aquifer storage and recovery facilities.
4. Finally, pursuant to Lee Plan Policy 2.1.3, the property may
possibly be developed with a small school or community sized church. In
the past, the county has permitted large scale public uses such as
wastewater treatment plants in the DRGR future land use category.
However, this use was approved in close proximity to areas designated
for urban land uses.
If you wish to discuss the content of this correspondence in further
detail, do not hesitate to contact me.
Sincerely,
Timothy Jones
Chief Assistant County Attorney
TJ/amp
cc: James G. Yaeger, County Attorney
Donna Marie Collins, Assistant County Attorney
Mary Gibbs, Director, Department of Community Development
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