Backup Documents 01/24/2012 Item # 7ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display A&., location, etc.)
Originating Dept; Div: GMD /Zoning Person: Fred Reischl, Senior Planner
Date: December 28, 2011
C,op
Petition No. (If none, give brief description): PL20110001177
Petitioner: (Name & Address)
Margaret Perry, AICP
Stantec
3200 Bailey Ln, Suite 200
Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X I3CC BZA Other
Requested Hearing date: Tuesday January 24, 2012. Based on advertisement appearing 20 days before hearing,
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News Other Legally Required
Proposed "Next: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
7a
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: 131- 138326- 649100-
00000
Reviewed by: f
DivisioUAdministrator or Designee
List Attachments:
Date
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney
before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda tile: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile.
FOR CLERK'S O`FFICEQQUS ONLY:
Date Received: ` �'v Date of Public hearing: Z� �Z Date Advertised: 1 L
December 28, 2011
Board of County Commissioners Public Hearing
Advertising Requirements
7A
Please publish the following Advertisement on January 4, 2012, and furnish proof of publication to the attention of Fred
Reischl, Senior Planner in the Land Development Services Department, Zoning Services Section, 2800 North
Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard
size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be
placed in that portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131 - 138326- 649100 -00000
PURCHASE ORDER NUMBER: 4500131207
Account Number: 068779
7a
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, January 24, 2012, in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will
consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed
Ordinance is as follows:
CUR -PL- 2011 -1177, SR 846 Land Trust requesting a Conditional Use Re- Review (CUR) and amending the Conditions of
Approval in Resolution Number 08 -290 which allows for earth mining with excavation, blasting and processing of
material in a Rural Agricultural Mobile Home Overlay (A -MHO), for property located in the Rural Fringe Mixed Use
District Receiving Lands, and east of Immokalee Road, approximately 2 miles north of Oil Well Road. The subject
property is located within Sections 35 & 36, Township 47 South, Range 27 East; and all of Sections 1 and 2, Township
48 South, Range 27 East, less road right -of -way for County Road 846 (Immokalee Road), Collier County, Florida; and
repealing Resolution Nos. 08 -128 and 08 -290.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
� 7A
RESOLUTION NO. 201.2-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA CONDUCTING A RE-REVIEW
AND AMENDING THE CONDITIONS OF APPROVAL 'IN
RESOLUTION NUMBER 08-290 WHICH ALLOWS FOR EARTH
MINING WITH EXCAVATION, BLASTING AND PROCESSING OF
MATERIAL IN A RURAL AGRICULTURAL 'MOBILE HOME
OVERLAY (A-MHO), FOR PROPERTY LOCATED D IN THE RURAL
FRINGE MIXED USE DISTRICT RECEIVING LANDS, AND EAST
OF 1MMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF
OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED
WITHIN SECTIONS 3S AND 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST; AND ALL OF SECTIONS I AND 2, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, LESS ROAD RIGHT- OF-WAY FOR COUNTY
ROAD 846 (INIMOKALEE ROAD), COLLIER COUNTY, FLORIDA;
AND REPEALING RESOLUTION NOS. 08-128 AND 08-290.
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
INTIEREAS, on November 9, 1999, by Resolution 99420, the Board of Zoning Appeals of Collier
County approved a Conditional Use providing for earth mining, excavation and related processing
with respect to the same property which is the subject of this conditional use re-review, which
property is described in (Exhibit "B") which is attached hereto and incorporated by reference herein;
and
VNIIIEREAS, on June 20, 2006, by Resolution 06-157, the Board of Zoning Appeals of Collier
County approved an amended Conditional Use to allow blasting of material within the same property
which is the subject of this conditional use re-review; and
WHEREAS, on October 10, 2006, by Resolution 06-264, the Board of Zoning Appeals
approved an amendment of Resolution 06-157 to correct scrivener's errors in the legal description and.
zoning classification; and
WHEREAS, on September 25, 2007, by Resolution 07-274, the Board of Zoning Appeals of
CUR-PL201 I - t 177 / SR 846 Land Trust
Rev. 12/13/11 1 of
7A
Collier County approved an amended Conditional Use with respect to the sane property which is the
subject of this condition use re= review to expand the boundaries of the excavation area and repeal
Resolutions 99 -420 and 06 -157; and
WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed
to determine whether additional stipulations or mitigation are necessary to ensure compatibility with
other properties in the area and to assure that the public health, safety and welfare is adequately
addressed; and
WHEREAS, on Apri122, 2008, and by Resolution No. 08 -128 adopted on May 13, 2008, the
Board of Zoning Appeals as part of the re- review of the Conditional Use approved amendment to the
conditions of approval at the mine owner's request; and
WHEREAS, on September 23; 2008, the Board of Zoning Appeals conducted a re- review
hearing on the property that is the subject of this re- review hearing and approved Resolution No. 08-
290 which approved an amendment to the conditions of approval proposed by the County and
repealed prior Resolution Nos. 99 -420, 06 -157 and 07.274; and
WHEREAS, on October 13, 2009 the Board'. of Zoning Appeals conducted a re- review
hearing on the property that is the subject of this re- review hearing but determined that there was no
need to change the conditions of approval, and therefore did not adopt a Resolution; and
WI-M-ITAS, the owner of the subject property, SR 846 Lind Trust, has filed. Petition No. CUR -PL
2011 -1177, as required by the prior conditions of approval for a re- review of those conditions, and is
requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the
subjectofthis re- review hearing; and
WHEREAS, the parties wish that this Resolution repeal and replace Resolution Nos. 08 -128 and 08-
290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses
for the subject property; and
WHEREAS, the Board of Zoning Appeals being the duly appointed and constituted planning
board for the area hereby aflected,'has hold a public hem-iiig after notice as in said regulations made and
provided and as provided in Resolution 08 -290, and has considered the advisability of amending the
conditions of approval; and
WHEREAS, the Collier County Planning Commission previously 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 10.08,00, 1. of the Land .Development
Code; and
WHEREAS, ail interested panties have been given opportunity to be heard by this Board in apublic
meeting assembled and the Board having considered all matters presented.
CUR- PL2011 -1 1771 SR 846 Land Trust
Rev. 12/13/11 2 of 3
7A
NOW, THEREFORE, BE IT RF—SOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, that:
1. The re-review petition filed by R Bruce Andersen, :Esq. of Roetzel & Andress and Margaret.
Ferry of Stantec, representing the owner of the property described in (Exhibit "B ") requesting an
amendment to the conditions of approval, be and the same is hereby approved, and the Board hereby
amends the conditions of prior approvals in awotdance with the Conceptual Master Plan (Exhibit "C ") and as
set forth in (Exhibit "D ") which is attached hereto and incorporated by reference herein.
2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08 -290 which are
accordingly no longer of any legal force or eilect.
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion. second, and super - majority vote, this day of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
h1i
's
, Deputy Clerk
Approved as to form
and legal. sufficiency:
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit A -
Exhibi't B —
Exhibit C —
Exhibit D -
CP: I I - CPS -011 15110
CUR -PL201 t -1177 / SR 846 Land "frost
Rev: 12 /13/11 3 of3
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
7A
Teresa L. Polaski
From: ReischlFred <FredReischl @colliergov.net>
Sent: Wednesday, December 28, 20112:20 PM
To: Minutes and Records
Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda
Subject: CUR -PL- 2011 -1177 BCC Ad Request
Attachments: Legal Ad Req.pdf, Reso 846 Land Trust.pdf
Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for
approval prior to processing.
Thank you.
Fred Reischl, AICP
Senior Planner
Collier County Growth Management Division
Phone: 239 - 252 -4211
Fax: 239 - 252 -2834
Under t" o;.da Lays, f rr,ai addresses are ouNic records- If you do not cant your e pail address released in response to a pubic records request, do not send
a oc;trr.;n mil to this entity. 'instead, contact this office by telephone or in writing.
1
7A
Acct #068779
December 29, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CUR- PL2011 -1177, SR 846 Land Trust
Dear Legals:
Please advertise the above referenced notice on Wednesday, January 4, 2012 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500131207
7A
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, January 24, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, CONDUCTING A RE- REVIEW AND AMENDING THE
CONDITIONS OF APPROVAL IN RESOLUTION NUMBER 08 -290 WHICH
ALLOWS FOR EARTH MINING WITH EXCAVATION, BLASTING AND
PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME
OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE
MIXED USE DISTRICT RECEIVING LANDS, AND EAST OF IMMOKALEE
ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE
SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36,
TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND
2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY
FOR COUNTY ROAD 846 ( IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA; AND REPEALING RESOLUTION NOS. 08 -128 AND 08 -290.
A copy of the proposed Resolution is on file with the Clerk to the
Board, and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
It 7A
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252 -8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
X
CLERK OF THE C ]
Dwight E. Brock COLLIER COUNTY
Clerk of Courts 3301 TAMIAMI
P.O. BOX 4
NAPLES, FLORIDA
December 29, 2011
Margaret Perry, AICP
Stantec
3200 Bailey Lane, Suite 200
Naples, FL 34105
i ier
7A
C IT COURT
UR OUSE
Clerk of Courts
IL E ST
44
Accountant
4101 -3 44
Auditor
tl� Custodian
of County Funds
Re: CUR- PL2011 -1177, SR 846 Land Trust
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, January 24, 2012, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Wednesday, January 4, 2012.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
,C
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk@collierclerk.com
Teresa L. Polaski 7A
To: Legals NDN (legals @naplesnews.com)
Subject: CUR- PL2011 -1177, SR846 Land Trust
Attachments: CUR- PL2011 -1177, SR846 Land Trust.doc; CUR- PL2011 -1177 (SR 846 Land Trust).doc
Lega Is,
Please advertise the attached legal ad on Wednesday, January 4, 2012. Please respond with an ok that this ad was
received and is being processed. Thanks
FYI — Our office will be closed on Monday January 2, 2012., if possible please send proof by Friday for ok. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 -252 -8411
239 - 252 -8408 fax
Teresa. Polaski@collierclerk.com
1
w 7A
Teresa L. Polaski
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Thursday, December 29, 20119:19 AM
To: Teresa L. Polaski
Subject: RE: CUR- PL2011 -1177, SR846 Land Trust
A0
Amy Green
Legal Advertisements
Naples Daily News
Main Office: 239 - 263 -4710
Direct Fax: 239 - 325 -1251
Email: aareen(d)naolesnews.com
www.naplesnews.com
From: Teresa L. Polaski jmailto: Teresa .Polaski @collierclerk.com]
Sent: Thursday, December 29, 20118:07 AM
To: Legals NDN
Subject: CUR- PL2011 -1177, SR846 Land Trust
Legals,
Please advertise the attached legal ad on Wednesday, January 4, 2012. Please respond with an ok that this ad was
received and is being processed. Thanks
FYI — Our office will be closed on Monday January 2, 2012., if possible please send proof by Friday for ok. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 -252 -8411
239 - 252 -84+08 fax
Teresa.Polaski@colliercierk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
1
Teresa L. Polaski
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Thursday, December 29, 20119:31 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UASSDjpg
Please provide an OK to print by 9:OOam on Friday for publication on January 4th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
12/29/11
Publication
NDN
Account Number
744106
Ad Number
1928955
Total Ad Cost
$264.54
1
7A W
Teresa L. Polaski
From: ReischlFred <FredReischl @colliergov.net>
Sent: Thursday, December 29, 20119:41 AM
To: Teresa L. Polaski
Subject: RE: Ad Confirmation
Looks good, thanks!
Is my other ad (Community School PUDZ) also being processed?
- - - -- Original Message---- -
From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml
Sent: Thursday, December 29, 20119:38 AM
To: ReischlFred
Subject: FW: Ad Confirmation
Please review
- - - -- Original Message---- -
From: Green, Amy (mailto:AGreen @Naplesnews.coml
Sent: Thursday, December 29, 20119:31 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
Please provide an OK to print by 9:OOam on Friday for publication on January 4th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
12/29/11
Publication
NDN
Account Number
744106
Ad Number
1928955
Total Ad Cost
$264.54
Please visit us on the web at www.collierclerk.com
7A V
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The
i
7A
Teresa L. Polaski
From:
Sent:
To:
Cc:
Subject:
Per Steve:
This is ok to go.
Dinny
NeetVirginia <VirginiaNeet @colliergov.net>
Thursday, December 29, 201111:29 AM
Teresa L. Polaski
Williams, Steven
RE: Ad Confirmation
- - - -- Original Message---- -
From: Teresa L. Polaski [ma ilto: Teresa .Pola ski @colIierclerk.coml
Sent: Thursday, December 29, 20119:37 AM
To: NeetVirginia
Subject: FW: Ad Confirmation
Please review. Thanks
- - - -- Original Message---- -
From: Green, Amy jmailto:AGreen @Napiesnews.com
Sent: Thursday, December 29, 20119:31 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
Please provide an OK to print by 9:OOam on Friday for publication on January 4th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date 12/29/11
Publication NDN
Account Number 744106
Ad Number 1928955
Total Ad Cost $264.54
Please visit us on the web at www.colliercierk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
1
Teresa L. Polaski
To: Green, Amy
Subject: RE: Ad Confirmation
Looks good, ok to run.
- - - -- Original Message---- -
From: Green, Amy [mailto:AGreen @Naplesnews.coml
Sent: Thursday, December 29, 20119:57 AM
To: Teresa L. Polaski
Subject: Ad Confirmation
Please provide an OK to print by 9:OOam on Friday for publication on January 4th.
Thank You,
Naples Legals
Thank you for placing your ad.
Date
12/29/11
Publication
NDN
Account Number
744106
Ad Number
1928955
Total Ad Cost
$269.70
1
ibo, 7A
7A
Teresa L. Polaski
From: Martha S. Vergara
Sent: Wednesday, January 04, 2012 8:30 AM
To: Teresa L. Polaski
Subject: FW: Thank you for placing your classified advertisement.
From: Naples Daily News jmailto :naplesnews(cbclicknbuy.com1
Sent: Tuesday, January 03, 2012 11:08 PM
To: Martha S. Vergara
Subject: Thank you for placing your classified advertisement.
Ad # 1929171
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of
County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on
Tuesday, January 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the
proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, CONDUCTING A RE- REVIEW AND AMENDING THE CONDITIONS OF
APPROVAL IN RESOLUTION NUMBER 08 -290 WHICH ALLOWS FOR EARTH MINING WITH
EXCAVATION, BLASTING AND PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL
MOBILE HOME OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE MIXED
USE DISTRICT RECEIVING LANDS, AND EAST OF IMMOKALEE ROAD, APPROXIMATELY 2
MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35
AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE
ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 08 -128 AND 08 -290. A
copy of the proposed Resolution is on file with the Clerk to the Board, and is available for inspection. All
interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item
must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual
speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization
may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included
in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public
hearing. In any case, written materials intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record. Any person who decides to appeal a decision of
the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is based. If you are a person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Na s,'
Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County
Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa
Polaski, Deputy Clerk (SEAL) January 4, 2012 No. 1929171
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7A
NOTICE OF *PU" HEARING To CONSIDER11ESOLUTION
Notice is hereby 'given that the Board of County lrr,iyslonen, as the Board of
Zoning Appeals, of,Colher County will hold a public hearinr� ?nggT,,uesday, Januattry yy
24, 2012, in the Boardroom, 3Tamiamir Trail n�P ofluddIn The omeetmg uwdl
Government Center, 3299 East proposed resolution n as i`ollodawil
begin at 9:00 A.M. The title of the propo __ . ^ .necm l of COLLIER` COUNTY.,
AND 08 290.
A copy of the proposed Resolution is on file with the Clerk to the Board, and is
available for inspeRion. All interested parties are Invited to attend and be heard.
NOTEM;y 'All Persons
wishing to speak on any ac item must register with the If
Individual speakers will be limited to 3 minutes gon. any item- The selection . an
Cou Administrator rior to presentation.of the any item- The da n
individual to speak orrbehalf of an or19aforraa °ngro�pgor, organization may be
recognized by the Chair, a spokesp
allotted 10 minutes to speak on an item.
nor to the respe the
packets must have written
material erminium 9fa3 included �n the Board abgYen, a
public hearing. In any case, written om�ta eaCointended staff a [n "emumof considered days
Board shall be submitted to th p llapprop i used, presentations before the Board
prior to the Public hearng.
will become a permanent Part of the record. Board will need a record of
Any person who decides to appeal a dectaikt*`of'�, may need to ensure that a
the proceedings pertain, g t ereto and they.
verbatim record of the Prbceidings is made, which' record includes the testimony
and evidence upon which the appeal is based.. in order to
If you are a 'person wish a disability who needs any accommodatie0 the provision
participate in this proceeding, you are entitled, at no cost to You,•
of certain assistance, Please contact the Collier county FNaP le Florida
34112,
Department, located at 3301 Tamiami Trail Eest, Building W aired are available in .
Department, (239)252-8380. Assisted listening devices for the hearing imp
the County Commissioners" Office.
BOARD Ok COUNTY COMMISSIONERS -
BOARD OF ZON
0DLL)ER COUNTY, FLO DA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BR6M CLERK
ggyy Teresa PolmW Deputy Clerk
{SEAL)'
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily,
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on January 4, 2012
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County, Florida. and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County. Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor
promised any person; firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in I)te said newspaper.
( Signature of affiant)
Sworn to and subscribed before me
This 5th day of Janu - 2012
(Signature of notary public)
y KAROL E KARGAS
Notary Public - State of FlorWa
My Comm. Expires Jul 29, 2013
Commission # DD 912237
T
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners , as. the Board of
Zoning Appeals; of Collier County will hold a public hearing on Tuesday, January
24, 2012, in, the Boardroom, 3rd Floor, Administration Building9, Collier County
Gave Center, 3299 Easy Tamiami Trail, Na Fiorida, The meeting will
begin at 9.A0 A.M. The title of the proposed resbluH .asdallows:
A RESOLUTION OF THE BOARD OF 'ZONING APPEALS OF "COLLIER COUNTY,
FLORIQQ CONDUCTING A: RE- REVIEW AND AMENDING THE CONDITIONS OF
APPROV�L IN RESOLUTION NUMBER408-290 WHICH ALLOWS FOR EARTH MINING
WITH EXCAVATION, BLASTING AND PROCESSING "OF MATERIAL IN A RURAL
AGRICULTURAL MOBILE HOME OVERLAY 'A MHO), FOR PROPERTY LOCATED IN
THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS; AND EAST OF
IMMOKALEE ROAD,, APPRO��ilMATELY 2 MILES NORTH OF OIL" WELL ROAD. THE
SUBIECT PROPERTY'IS LOCA"TED'WITHIN. SECTIONS. 35 AND '36, TOWNSHIP 47
SOUTH, RANGE 27 EAST; AND 'ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, LESS -ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 ( IMMOKALEE
ROAD), COLLIER COUNTY, FLORIDA; AND, REPEALING RESOLUTION NOS. 08-128
AND 08 -290,
A copy of the proposed Resolution is on file With the Clerk to the Board, and is
available for inspection „AII interested parties are invited to attend and be heard.
NOTE: All Persons 'Wishing to speak on any aggenda item must register with the
Counttyy Administrator prior to presentation of the agenda item to be. addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on 'behalf of an organization or group is encouraged. If
iecognized by, the Chair, a spokesperson for a group or organization may be
allotted 10 minutes to speak on;an item.
Persons wishing to have written or graphic materials included.in the Board agenda
packets must submit'said material a minimum of 3 weeks prior to the resppeective
public hearing. In aqy case, written materials ;Intended to be considered by the
Board shall be submitted to,the appropriate County-staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record. `
Any person who decides to apppeal a decision of the, Board will need a • record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with "a disability who needs any accommodation in order to
participate in this. proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3301 Tamiami Trail,EasL Building W, Naples, Florida 34112,
(239)252 -8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office. ”
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA -
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By ?eresa Polaski, Deputy Clerk
(SEAL)
January 4. 2012 - Nn 1920171
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
A a-
2.
January 24, 2012
Agenda Item Number
7.A.
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Resolution CQ O'
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
0a 0(0 l;�
Z 4 I t
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Fred Reischl
Phone Number
252 -4211
Contact
W____
(Initial)
Applicable)
Agenda Date Item was
January 24, 2012
Agenda Item Number
7.A.
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution CQ O'
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
FiP
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
fiP
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
FiP
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
F�
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
F,P
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BZA on January 24, 2012 and all changes made
during the meeting have been incorporated in the attached document. The County
49
Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
7a
MEMORANDUM
Date: February 7, 2012
To: Fred Reischl, LDC Coordinator
IF
Operations & Regulatory Management
From: Teresa Polaksi, Deputy Clerk
Minutes and Records Department
Re: Resolution 2012 -15 /CUR- PL2011 -1177 (SR 846 Land Trust)
Attached is a copy of the document referenced above, (Item #7A) approved by
the Board of County Commissioners on Tuesday, January 24, 2012.
The original is being kept by the Minutes and Records Department and will
be kept as a part of the Board's Official Records.
If you have any questions, please contact me at 252 -8411.
Thank you
7a
RESOLUTION NO. 2012- 15
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA CONDUCTING A RE- REVIEW
AND AMENDING THE CONDITIONS OF APPROVAL IN
RESOLUTION NUMBER 08 -290 WHICH ALLOWS FOR EARTH
MINING WITH EXCAVATION, BLASTING AND PROCESSING OF
MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME
OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL
FRINGE MIXED USE DISTRICT RECEIVING LANDS AND EAST
OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF
OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED
WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST, AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY
ROAD 846 ( IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA;
AND REPEALING RESOLUTION NOS. 08-128 AND 08 -290.
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 November 9, 1999, by Resolution 99-420, the Board of Zoning Appeals of Collier
County approved a Conditional Use providing for earth mining, excavation and related processing
with respect to the same property which is the subject of this conditional use re- review, which
property is described in (Exhibit "A ") which is attached hereto and incorporated by reference herein;
and
WHEREAS, on June 20, 2006, by Resolution 06 -157, the Board of Zoning Appeals of Collier
County approved an amended Conditional Use to allow blasting of material within the same property
which is the subject of this conditional use re- review; and
WHEREAS, on October 10, 2006, by Resolution 06 -264, the Board of Zoning Appeals
approved an amendment of Resolution 06 -157 to correct scrivener's errors in the legal description and
zoning classification; and
WHEREAS, on September 25, 2007, by Resolution 07 -274, the Board of Zoning Appeals of
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. 1/17/12 1 of3
7A
Collier County approved an amended Conditional Use with respect to the same property which is the
subject of this conditional use re- review to expand the boundaries of the excavation area and repeal
Resolutions 99-420 and 06 -157; and
WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed
to determine whether additional stipulations or mitigation are necessary to ensure compatibility with
other properties in the area and to assure that the public health, safety and welfare is adequately
addressed; and
WHEREAS, on April 22, 2008, and by Resolution No. 08 -128 adopted on May 13, 2008, the
Board of Zoning Appeals, as part of the re-review of the Conditional Use, approved amendment to the
conditions of approval at the mine owner's request, and
WHEREAS, on September 23, 2008, the Board of Zoning Appeals conducted a re-review
hearing on the property that is the subject of this re-review hearing and approved Resolution No. 08-
290 which approved an amendment to the conditions of approval proposed by the County and
repealed prior Resolution Nos. 99420, 06 -157 and 07 -274; and
WHEREAS, on October 13, 2009 the Board of Zoning Appeals conducted a re-review
hearing on the property that is the subject of this re -review hearing but determined that there was no
need to change the conditions of approval and therefore did not adopt a Resolution; and
WHEREAS, the owner of the subject property, SR 846 Land Trust, has filed Petition No. CUR-PL
2011 -1177, as required by the prior conditions of approval for a re-review of those conditions, and is
requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the
subject of this re- review hearing; and
WHEREAS, the parties wish that this Resolution n peal and replace Resolution Nos. 08 -128 and 08-
290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses
for the subject property; and
WHEREAS, the Board of Zoning Appeals, 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 as provided in Resolution 08- 290, and has considered the advisability of amending the
conditions of approval; and
WHEREAS, the Collier County Planning Commission previously has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all applicable matters required by
said regulations and in accordance with Subsection 10.08.00.1. 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, TMREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. IM 7/12 2 of 3
7A
1. Petition Number CUR PL2011 -1177 filed by R Bnxe Anderson, Esquire of Roetzel &
Andress and Margaret Perry of Stantec representing SR 846 Land Trust with respect to the property
hereinafter described in Exhibit "A°', be and the same is hereby approved and the Board hereby
amends the conditions of prior approvals in accordame with the Conmptual Master Plan descnbed in Exhibit
"B" and as set forth in the Conditions of Approval described in Exhibit "C ". Exhibits "A ", `B"
and "C" are attached hereto and incorporated herein by reference.
2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08 -290 which are
accordingly no longer of any legal force or effect.
:.. •
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super- majority vote, this o?4 da of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
D tv
,,C A
• 1'
Approved as io '-form'
and legal sufficiency:
)�=, L —,
Steven T. Williams Y t,i2
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
�A� tom.
BY:
Attachments: Exhibit A – Legal Description
Exhibit B – Master Plan
Exhibit C – Conditions of Approval
CP: 11 -CPS-0 1 118115
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. 1/17/12 3 of 3
FRED W. COYLE, Chairm
7A
DESCRIPTION
ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND ALL OF SECTIONS I AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR
COUNTY ROAD 846 (IMMOKALEE . ROAD), COLLIER COUNTY,
FLORIDA.
EXHIBIT "A"
7A
PROJECT: S,R. 846 LAND TRUST EARTH MINE
CLIENT: S.R. 846 LAND TRUST
Wil 6
s d7 v I
Y
pjxn n . Enpinan • Eco7DSfsrr • Surwyors . LindJc -pE kchn; ch • Tmspw12(fon Cmsulhnh
W11sonMiller, inc.
]700 BEtlry lane. Su(4100 • NWbb FkrWE 1110.5 JJd7 • Vhom 2V- 10 -fOiO • Fa 23➢4614411 - Wrb-d(l, ~,mhpo W4—
EXHIBIT "B" - - --
NO BLAST ZONE
BLAST ZONE
1' -1500' c"E1012)2007
lEC TNf 116f. ntV w6.
47148 27
I�CIJECT NQ �NOEZ w¢
04208- 000 -000
DR" EYRAIP wb f-EET w0:
i a 1
Exhibit "C"
Conditions of Approval for January 2012 Re- Review
Mining Ventures, LLC, Petitioner; SR 846 Land Trust, Property Owner
CUR- PL2011 -1177
Collier County Conditions of Approval
CUR- PL2011 -1177 S.R. 846 Land Trust Earth Mine
This approval is conditioned upon the following stipulations because of the close proximity to
Golden Gate Estates in Collier County.
1. Following conditional use hearing requirements, the BZA may revoke the approval of this
Conditional Use if the Collier County Code Enforcement Board finds that the mine
operator has violated or has not fully complied with all conditions of approval including
completion of improvements indicated on the Conditional Use Master Plan and the mine
operator has failed to remedy the violation or come into compliance within the time period
established by the Code Enforcement Board.
2. The County shall monitor the conditional use for blasting, and an inspection charge shall
be applied to cover fees associated with the inspection.
3. A $500,000 bond shall be set aside for settlement of any claims for structural damages
directly resulting from blasting.
4. The local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or
collieraggregates.com.
5. To reduce the impacts to the neighborhood, and to account for changes in weather
conditions, air blasts shall not exceed a maximum limit of 120 dbl.
6. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of
0.20 inch per second.
7. The maximum load per hole shall be limited to less than 100 pounds of explosives per
blast.
8. The maximum number of blasting activities shall be limited to eight (8) days per month and
the maximum number of holes per month shall not exceed 1,680.
9. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually
for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge
will expire when the property is rezoned or the conditional use has been terminated.
10. The applicant shall hire a consultant to establish an archaeological monitoring plan and
make sure the employees of Jones Mine are aware of the monitoring plan.
Exhibit "C"
7a
October 2011 Conditional Use Re- Review
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
11. Beginning on the first anniversary date of BZA approval and continuing each year
thereafter, the owner shall provide a report to the Collier County Transportation Services
Division which will include the condition of the roadway adjacent to the property entrance,
accident reports, and average daily and peak hour vehicle trips entering and exiting the
earth mine.
12. The storm water run off quality should not be affected with the proposed excavation area
expansion.
13. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed
along the perimeter of the operation adjacent to the residential structures immediately
upon approval of this conditional use to insure the noise reduction is addressed. Mulch
berms shall not be permitted as part of the buffers.
14. To lessen the potential for noise, dampening of the rock crushing equipment shall have
attenuation properties /enclosures around the motors of the equipment. If attenuation
enclosures are not able to be achieved for other large equipment then an earthen berm
shall be installed around the pumps and equipment; up to the height of the equipment
being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required).
The berm shall be installed within six (6) months of approval of this conditional use.
15. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional
Use Master Site Plan — Phase I and II.
16. Adequate utility, access roads, drainage, and other necessary facilities already provided
shall continue to be maintained.
17. The mining operations shall be conducted in compliance with the laws of the State of
Florida, Collier County Government and the Federal Government, especially as related to
safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-
55, as amended.
18. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through
Saturday to prevent disturbance noise to the surrounding residential property owners. If
the County receives any complaint regarding the noise from the rock crushing equipment
then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through
Friday. The hours of blasting shall be regulated by stipulation number 23.
19. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday.
Blasting activities shall not exceed eight (8) days per month with a three (3) second
maximum initiation duration with a low volume and close pattern to minimize noise and
vibration.
20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer,
whichever is shallower.
October 2011 Conditional Use Re- Review
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
7A
21. Excavation shall occur from the eastern boundary and work towards the western boundary
of the property.
22. A southbound lane shall be installed to include a passing lane and the length shall be
determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a
loaded dump truck exiting from the property on to Immokalee Road. The southbound lane
shall be built to the standards of the Transportation Services Division and all costs of the
construction of the southbound lane as well as the land for right -of -way shall be the
applicant's responsibility.
23. The conditional use shall be limited to 800 maximum loaded trips per day until the
southbound passing lane is constructed. Once the southbound lane has been installed,
the limitation on 800 maximum loaded trips shall be lifted.
24. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall
be removed within six (6) months, unless such buildings and equipment will be used in the
reclamation process.
25. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closest to Fawn Avenue and adjacent to the closest residential
structure; at the southern property border adjacent to the closest residential structure
between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52 "d
Avenue N.E. and 58th Avenue N.E.
26. A pre - blasting survey shall be taken for all affected property owners who expressed a
concern at the Neighborhood Information Meeting, Collier County Planning Commission
and the Board of County Commissioners as well as those who transmitted letters of
dissent and existing structures along with the future structures that meet the pre - blasting
inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to
the homeowner and another copy shall be filed with the Collier County Engineering
Services Department Director.
27. An approved indigo snake plan is required to be implemented prior to beginning any
construction including site clearing. The name and contact information of a qualified
biologist who will monitor work shall be supplied to Environmental Services Department
staff at the pre- construction meeting or prior to excavation permit approval.
28. 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.
29. An updated listed species survey less than 6 months old is required for areas of expanded
excavation prior to issuance of an excavation permit. As required by FWC Technical
Assistance, follow up pedestrian surveys of each new mining block will be conducted
between 60 and 180 days prior to commencement of any mining related activity through
3
October 2011 Conditional Use Re- Review 7A
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
the life of the project. The applicant shall submit a copy of these surveys to Environmental
Services Department staff.
30. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do
not include the minimum required vegetated width, a replanting plan will be required as
part of the excavation permit.
31. Any other additional or updated environmental permits or information as required in the
LDC will be required prior to excavation permit approval.
32. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake.
Construction of the littoral area will commence during the reclamation phase of the project
as required by FDEP Permit #0271820 -001.
33. All conditions of the original Conditional Use shall remain in effect, but only to the extent
they are not in conflict or inconsistent with these stipulations.
34. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded
and reported to the Community Development and Environmental Services Division every
March and September for 5 years. The results shall also be provided to the
Environmental Advisory Committee.
35. Additional information provided by FWC staff regarding impacts of blasting on burrowing
owl embryo formation shall be forwarded to the County. The information from the FWC
shall be provided to the applicant upon receipt.
36. Expedited permitting shall be pursued to ensure that these conditions are met quickly and
to shorten the length of time that mining will occur on this site.
37. Blasting shall be terminated five (5) years after the expanded excavation permit has been
issued.
38. Blasting shall be limited to the blast zone depicted on the attached map.
61195540
4
(PLEASE PRINT CLEARLY) Agenda Item #
MEETING DATE �� � � /
T�/ (Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITEM TITLE
NAME %VIJ� / ADDRESS
Representing/ Petitioner: Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
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(PLEASE PRINT CLEARLY ) A end
g a Item #
MEETING DATE z (Circle Meeting Type) Regular Special Workshop Budget
AGENDA ITEM TITLE /-C CA-1 i A/ Cam-
NAME ADDRESS
Representing/ Petitioner: Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
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(PLEASE PRINT CLEARLY) Agenda Item # 7A-
MEETING DATE I I Z (Circle Meeting Type) egula Special Workshop Budget
AGENDA ITEM TITLE SC- Q�� �-�*'� '��� ry') j"j(1
NAME
Representing/ Petitioner:
ADDRESS 0' �j 1 P
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD