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Backup Documents 11/09/2010 Item #17D777wR'�.^tP^r.-;'T2a"zrr.,: 176 t COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC BEARINGS To: Clerk to the Board: Please place the following as a: XM Normal Legal Advertisement Other: (Display Adv., location, etc.) • #Yw•Yfw•Hwffa Haa ♦af Rflf if ♦}aYHffYMNiYf lwbuaf MwfY Hfafwffuaaaaaa fffaaawwuwaHHwuYaaa Originating Dept/ Div: CDES./Zonina Person: Kay Deselem, AICT Date: 110111 r( d Petition No. (If none, give brief description): CU- 2008 -AR- 14078, knmokalce Sand Mine Petitioner: (Name & Address): Mr. Robert J. Mulhem, AICP, RWA, Inc., 6610 Willow Park Dr., Suite 200, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) George Vamadoe, Cheffy, Passidomo, Wilson, & Johnson, LLC, 821 Fifth Ave., Naples, FL 34102; Centex Construction Material Florida, Llc,100 Lem Comes Rd., Davenport, FLT 2 Hearing before BCC BZA Other J Requested Hearing date: November 9.2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: CU- 2008 -AR= 14078, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passidomo, PA., is requesting a Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section 2.03.0l.A.l.c.1 and Section 4.08.06.B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine.The 898± -acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, inSections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. (Coordinator: Kay Deselem) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: /O_' /Z •/D Divisiot dministrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS I A. 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 file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received :IV 06-14—t Date of Public hearing: I L7 0 Date Advertised: O 2 O RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A- MHO- RLSAO) PURSUANT TO SUBSECTIONS 2.03.0l.A.I.c.1 AND 4.08.06.B.4.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a sand mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and Rural Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Subsections 2.03.0l.A.l.c.1 and 4.08.06.B.4.b. of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Conunission has found 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 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- 2008 -AR -14078 filed by Robert J. Mulhere, AICP of RWA Consulting, Inc. and John M. Passidomo, Esquire of Cheffy Passidomo, P.A. representing Cemex Construction Materials Florida, LLC, with respect to property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for an earth mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay pursuant to Subsections 2.03.01 .A.l.c.1 and 4.08.06.B.4.b. of the Collier County lmmokalee Sand Mine / CU- 2008 -AR -14078 Rev. 10 /08 /10 1 oft 1P Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A', `B ", "C ", "D" and "E" are attached hereto and incorporated herein by reference. 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 , 2010. ATTEST: DWIGHT E. BROCK, CLERK LUZ , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams J Assistant County Attorney Swl I° Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions Exhibit D — Phasing Plan Exhibit E — Littoral Plan CP\08•CPS- 00917\70 lnvnokalee Sand Mine/ CU- 2008 -AR -14078 Rev. 10108/10 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA M FRED W. COYLE, Chairman IMMOKALEE SAND MINE CU- 2008 -14078 Submitted 11/12/09 LEGAL. DESCRIPTION A PARCEL OF LAND LYING IN SECTION 6 & 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 8 BEING A 4"X 4' CONCRETE MONUMENT (COLLIER); THENCE N.83002'63"E. ALONG THE NORTH LINE OF SAID SECTION 6, FOR 2,282.63 FEET TO THE NORTH QUARTER CORNER BEING A 4'X 4' CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID NORTH LINE N.83'06'08"E. FOR 1,316.49 FEET; THENCE LEAVING SAID NORTH LINE S.40031'31 "E. FOR 677.93 FEET; THENCE S.1 6'10'04 "E. FOR 433.10 FEET; THENCE S.42'45'28 "E. FOR 582.74 FEET; THENCE S,10'31'14 "E. FOR 261.69 FEET; THENCE 5.35'1950 "E. FOR 153.55 FEET; THENCE S.55'03'47"E. FOR 269.38 FEET; THENCE 8.8803TIS"E. FOR 21.42 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6; THENCE S.00'41'22 "E. ALONG SAID EAST LINE FOR 769.85 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6 BE A 4 "X 4' CONCRETE MONUMENT (JOHNSON LB 642); THENCE CONTINUING ALONG THE SAID EAST LINE S.00'4222 "E. FOR 2,751.90 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 BEING A 4'X 4' CONCRETE MONUMENT (COLLIER); THENCE S.00938'44 0E. ALONG THE EAST LINE OF SAID SECTION 7, FOR 2,749.95 FEET TO THE EAST QUARTER CORNER BEING A 4'X 4' CONCRETE MONUMENT (COLLIER); THENCE CONTINUING ALONG SAID EAST LINE 8.0003944 "E. FOR 901.12 FEET TO A POINT LYING ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 82; THENCE N.74'1 V03 "W. ALONG SAID NORTH RIGHT OF WAY LINE FOR 5,166.13 FEET TO A POINT LYING ON THE WEST LINE OF SAID SECTION 7; THENCE N.00'06'1 8"W. ALONG SAID WEST LINE FOR 2,169.24 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7 BEING A 4 "X 4' CONCRETE MONUMENT; THENCE N.00'11'07'W. ALONG THE WEST LINE OF SAID SECTION 6, FOR 2,628.33 FEET TO A IRON ROD AND CAP (LB 6952); THENCE CONTINUING ALONG SAID WEST LINE N.00'1 107"W. FOR 2,528.33 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 898.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH WESTERLEY LINE OF SAID SECTION 6 AS BEING N.83'02'53"E.. EXHIBIT A f;- h vi ..�. n `r x r• {+ 'xy l� ��� 1� mr - [L. h' �. z a iS a+.5i t � f;- h vi ..�. n `r x r• {+ 'xy l� ��� 1� mr - [L. h' �. z a iS a+.5i 17D .. Ilylli J \ I I k I I _ I I l � � j2 ❑Q I @ JJ p i S i � i 17 D ► #,1 Mau n0u09 33s Sun Nxv i I� % y t• I I ' I I I i � I I _ I i e 4 I isr ` ' I I t ctrl r nlr 11 {iii 3 oil i II M3M J01 335 — 3NIt N'l1V11 - 17 D "# CONDITIONS OFAPPROVAL Immoka/ee Sand Mine CU-2008-AR-14078 a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR -82 right -of- way to FDOT in connection with the widening of SR -82. The following stipulations shall apply to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty -five feet (35') of right -of -way along the Northerly side of SR -82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD &E) Study. The owner(s), its successors or assigns, agree to cooperate with FDOT during the design process for SR -82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off -site stormwater run -off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed. If the need for additional right -of -way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right -of -way along the North side of SR -82 to the State of Florida at no cost. The applicant shall provide compensating right -of -way at no cost of up to twelve feet (12') width and up to 460 feet in length (including taper), for a westbound right -turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right -of -way when the project SDP /SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR -82 (including dedications, conveyances, or reservations for water management) — as described in Paragraph La., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right -of -way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right -of- -way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right -of -way reservation and/or dedication needs for the widening of SR -82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the fast building Revised 1017110 Exhibit C Page 2 of 3 17n Exhibit D S I 11 1'•Y ` '.I l p YEAR•i ./ 0 $ r rF�R a 1 .. 8 YILARJ © I a rEhR 2 t e I PHISE 0 I Q a r Ii rI1'�- r, S , STgTE �qD 2 R.W.A., INC. S1ATE OF FLORIDA BUSINESS LICENSE NO. EB- 0007663 �I��A INC. °"15: APRIL, 2010 CLIENT: CFMEX CONSTRUCTION MATERIALS FLORIDA, LLC. �" /\ v =,zo0' CONSU INC9 CWAEnp -rmg , ol..>,��.: TITLE: IMMOKALEE SAND MINE Z \ v 1L JL sm ying R mAppmg M.S.J. SS,ONfl�w PuY�;suhm CONCEPTUAL PHASING PLAN �0M.,- J.J.S. NWn,iWNa lr IN 5[a n> PfF. PROJECT p Sr1EET FlcE 009 OV PFFO.: (:955] -05-05]55 NUMBER:OHOO9S.00.O2 NUMBED: CF NUMBER:OHOO9S0002XOZ Exhibit D 17D -1 Ann P. Jennejohn From: DeselemKay [KayDeselem @colliergov.net] Sent: Wednesday, October 13, 2010 1:56 PM To: Ann P. Jennejohn Cc: TeachScott Subject: RE: CU- 2008 -AR -14078 Immokalee Sand Mine As I understand it, being the planner on this project is some kind of contract deal that he made with RWA. I understand that he still maintains a quasi- office at RWA for some of these kind of deals. Trish is correct —he does have his own firm and is on his own now. New contact info for new business is shown below. _.._ _ Roberti. Mulhere FAICP Mulhere &.Associates, LLC President/CEO '239" 325-9373 :'nr;:: rjmulhere@gmail.corn Mulhei'e & Associates, LLC PO Box 1367 Marco Island, FL 34196 Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division - -P /arming d Regulation Phone: 239 -252 -2931 fax: 239 -252 -6357 kaydeselem @collierao v. ne t From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Wednesday, October 13, 2010 1:51 PM To: DeselemKay Cc: TeachScott Subject: CU- 2008 -AR -14078 Immokalee Sand Mine Hi there, Question for you O I was just finishing the Immokalee Sand Mine conditional use legal ad and Trish just said that Bob Mulhere no longer works for RWA. Does this legal ad need to be changed? (I haven't sent it to the paper yet) Please advise at your earliest convenience. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239- 252- 8408(Fax) 170 Ann P. Jennejohn From: WilliamsSteven [StevenWilliams @colliergov.net] Sent: Thursday, October 14, 2010 9:25 AM To: Ann P. Jennejohn; TeachScott; Ashton, Heidi Subject: RE: CU- 2008 -AR -14078 Immokalee Sand Mine My memory may be slightly off, but I do not believe this is Mr. Mulhere's first project since "leaving" RWA. We had a similar discussion earlier this summer and concluded that the earlier matter was acceptable as well. So long as neither RWA nor Mr. Mulhere have an issue and they have some form of contractual relationship, there Is no legal impediment to proceeding as proposed. Steve Steven T. Williams Assistant County Attorney Collier County 3301 Tamiami Trail, east Harmon Turner Building, 8th Floor Naples, Florida 34112 (239) 252 -8400 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, October 14, 2010 9:19 AM To: TeachScott; ashton_h Cc: WilliamsSteven Subject: RE: CU- 2008 -AR -14078 Immokalee Sand Mine Thank you all; and from what Mr. Mulhere and Kay said I'm sure it's probably just fine. But, I want to make sure that "legally" it was o.k.. Thanks again. Ann From: TeachScott [ mailto :ScottTeach @colliergov.net] Sent: Thursday, October 14, 2010 8:35 AM To: Ashton, Heidi Cc: WilliamsSteven; Ann P. Jennejohn; Deselem, Kay Subject: FW: CU- 2008 -AR -14078 Immokalee Sand Mine Heidi, Either you or Steve take a look at this issue and get back with Kay and Ann. Thanks. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252-6300 17D, Acct #068779 October 15, 2010 Attn: Legal's Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: CU- PL2008- AR- 14078, lmmokalee Sand Mine Dear Legals: Please advertise the above referenced notice on Sunday, October 24, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 17D �1.4 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, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A- MHO- RLSAO) PURSUANT TO SUBSECTIONS 2.03.0l.A.l.c.1 AND 4.08.06.B.4.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2008 -AR- 14078, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passidomo, P.A., is requesting a Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section 2.03.0l.A.l.c.1 and Section 4.08.06.B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine. The 898± acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. 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 17D 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, 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: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts October 15, 2010 170 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE. Clerk of Courts 3301 TAMIANIITRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Mulhere & Associates, LLC Robert J. Mulhere, FAICP P.O. Box 1367 Marco Island, FL 34146 Re: CU- 2008 -AR- 14078, Immokalee Sand Mine Dear Petitioner: Custodian of County Funds 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, November 9, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierelerk(a:collierelerk.com C©unty::of Collier 17 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTYCOURI=HOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor October 15, 2010 Custodian of County Funds Cemex Construction Materials 100 Lem Carnes Road Davenport, FL 33837 Re: CU- 2008 -AR- 14078, Immokalee Sand Mine 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, November 9, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann t Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk(izcollierclerk.com Dwight E. Brock Clerk of Courts October 15, 2010 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Cheffy Passidomo George Varnadoe, Esquire 821 Fifth Avenue Naples, FL 34102 17p 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor 1, Custodian of County Funds Re: CU- 2008 -AR- 14078, Immokalee Sand Mine 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, November 9, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, ljJ� Deputy Cleric Enclosure Phone(239)252 -2646 Fax(239)252 -2755 Websitc: www.collierclerk.com Email: collierclerk(a,collierclerk.com Ann P. Jennejohn 170 To: Naples Daily News Legals Subject: CU- 2008 -AR- 14078, Immokalee Sand Mines Attachments: CU- 2008- AR- 14078.doc; CU- 2008 -AR- 14078.doc Please advertise the attached on Sunday, October 24, 2010. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239- 252- 8408(Fox) i Ann P. Jennejohn 17o To: Naples Daily News Legals Subject: CU- 2008 -AR- 14078, Immokalee Sand Mines Attachments: CU- 2008- AR- 14078.doc; CU- 2008 -AR- 14078.doc Please advertise the attached on Sunday, October 24, 2010. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 1 170 Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Friday, October 15, 2010 3:01 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT38521.txt, CU- 2008 -AR- 14078, Immokalee Sand Mines This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. leqals@naplesnews.com Ann P. Jennejohn 17D From: Legals NDN [legals @naplesnews.com] Sent: Friday, October 15, 2010 3:30 PM To: Ann P. Jennejohn Subject: RE: CU- 2008 -AR- 14078, Immokalee Sand Mines OK Emely Pagan Legal Dept. Naples (Daily News 1100 Immokafee Wpad Naples, TL. 34110 Legal Line: 239 - 213 -6061 Email: legals(ab-naplesnews.com From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, October 15, 2010 3:00 PM To: Legals NDN Subject: CU- 2008 -AR- 14078, Immokalee Sand Mines Please advertise the attached on Sunday, October 24, 2010. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 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 helpdesk@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. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn 170 From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, October 15, 2010 3:47 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS26F9.jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1872833 Total Ad Cost $300.66 Emely Pagan 239 - 213 -6061 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 1 I D 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, November 9, 2010, In the Boardroom, 3rd Floor, Administration Building, Collier County Gov- ernment Center, 3301 East Tamiami Trall, Naples, Florida. The meeting will begin at 9:010 A.M. The title of the proposed resolution Is as follows: A RESOLUTION OF THE BOARD OF ZONIiJG APPEALS OF COLLIER COUNTY. FLORI- DA, }SRC >VIDiNG FOR THE ESTABLISHMENT OF A CONDITiONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WiTH A MO- BILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A -MHO- RLSAD) PURSUANT TO SUBSECTIONS 2.03.01.A 1.c. t AND 4.08.06.B.At OF THE COLLIER COUNTY LAND DEVELOPMENT LODE FOR PROPERTY LOCATED IN SEC- TIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY. FLQRI- DA. The Board will consider Petition: CU- 2008 -AR -'1 4078, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc_ and Will 1. Dempsey, Esquire of Cheffy Passidomo. P.A., is requesting a Conditional Lisp within The Agricultural Zoning District with a Mobile Home Overlay and a Ru- ral Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section 2.03 01 A 1.c1 and Section 4.0&06.131.4 b, of the Collier County Land Development Code, to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine_ The 898y acre subject property is located on the north side of SR 82, approximately 1 2 miles west of the intersec- tion with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Flonda, 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 itorn . The selection of an in- dividual to speak on behalf of an organization or group is encoura ed, If recdg- nized by the Chair, a,spokesperson far a group or organization may foe allotted 10 rninutes 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 puhlic 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 evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier Count Facilities Management Depart - mart, 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- Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No1672833 Ann P. Jennejohn 17 D From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, October 24, 2010 12:31 AM To: Ann P. Jennejohn Subject: Thank you for placing your classified advertisement. Ad #1872833 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, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A- MHORLSAO) PURSUANT TO SUBSECTIONS 2.03.01.A. Le.I AND 4.08.06.B.4.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2008 -AR- 14078, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passidomo, P.A., is requesting a Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A- MHO-RLSAO), pursuant to Section 2.03.0l.A.l.c.I and Section 4.08.06.B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine. The 898 acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. 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, 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: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 NoIS72833 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 Pokamev, 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 I time in the issue on October 24, 2010 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 o1' advertisement and affiant further says that he has neither paid nor promised am person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the^id newspaper. ignature of affiant) Sworn to and subscribed before me This 29" day of October, 2010 (Signature of notary public) KAROL C KANGAS Notary Public - Stale of Florida (' My Comm. Expires Jol 29.2013 Commission # pp 912237 170 MGT. 0 "J" HF.ARWG TQC0 W ER RE50LUn0N (SEAW n len*ohn, Deputy Clerk nrrna..] ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 41L 7 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 comp IDied routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item .I ROUTING SLIP Complete routing lines # 1 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 sienature_ draw a line thrnur,h rnnfinn lime At i rh--h ua ,.,.,,..ao.o ao ..�.e,.i,r.... Route to Addressee(s) List in routing order __... _..__ .,..,_ ....... .................,3,..,,...o.1— Office w one ruson Initials t unc e3. Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) (Q lD 2. November 9, 2010 Agenda Item Number 17.D. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. �1 �h Number of Original I 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 1 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 Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 9, 2010 Agenda Item Number 17.D. A2proved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document �1 �h Number of Original I Attached 'ZZ Documents Attached INSTRUCTJONC Ar CHFC1C1 VCT 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS 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) I. 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, resolutions, etc. signed by the County Attorney's Office and signature pages from �D 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 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 document or the final negotiated contract date whichever is applicable. 10 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si mature and initials are required. �D 5. In most cases (some contracts are an exception), the original document and this routing slip 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 �D time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC November 9, 2010 and all changes made during the meeting have been incorporated in the attached document. The County roll BLI Attorne 's Office has reviewed the changes, if a licable. 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9 03.04, Revised 1.26.05. Revised 2.24 05 17D MEMORANDUM Date November 16, 2010 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Resolution 2010 -224 Immokalee Sand Mine Conditional Use Attached for your records, is a copy of the document referenced above (Item #17D) adopted by the Board of County Commissioners November 9, 2010. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17D RESOLUTION NO. 10- 224 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A- MHO- RLSAO) PURSUANT TO SUBSECTIONS 2.03.01.A.1.c.1 AND 4.08.06.13A.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a sand mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and Rural Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Subsections 2.03.01.A.l.c.1 and 4.08.06.B.4.b. of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has found 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 all applicable matters required by said regulations and in accordance with Subsection 10.08.O0.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- 2008 -AR -14078 filed by Robert J. Mulhere, AICP of RWA Consulting, Inc. and John M. Passidomo, Esquire of Cheffy Passidomo, P.A. representing Cemex Construction Materials Florida, LLC, with respect to property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for an earth mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay pursuant to Subsections 2.03.0l.A.I.e.1 and 4.08.06.B.4.b. of the Collier County Immokalee Sand Mine / CU- 2008 -AR -14078 Rev. 10/08/10 1 of 170 Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B ", "C ", "D" and "E" are attached hereto and incorporated herein by reference. 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�h day of �Jbyzrhb , 2010. ATTEST: DWIGHT E. BAOCY CLERK 4 By C . At e erk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 5 o g j° Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions Exhibit D — Phasing Plan Exhibit E — Littoral Plan CP \08- CPS - 00917 \70 Immokalee Sand Mine / CU- 2008 -AR -14078 Rev. 10/08/10 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA _ !1 t� By: FRED W. COYLE, Chairman Itern #l6 Agenda Date 1� Date Recd II r' 17D IMMOKALEE SAND MINE CU- 2008 -14078 Submitted 11/12/09 LEGAL. DESCRIPTION A PARCEL OF LAND LYING IN SECTION 6 & 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6 BEING A 4 "X 4" CONCRETE MONUMENT (COLLIER); THENCE N.83 °02'53 "E. ALONG THE NORTH LINE OF SAID SECTION 6, FOR 2,282.53 FEET TO THE NORTH QUARTER CORNER BEING A 4 "X 4" CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID NORTH LINE N.83 006'08 "E. FOR 1,316.49 FEET; THENCE LEAVING SAID NORTH LINE S.40 °31'31 "E. FOR 677.93 FEET; THENCE S.16'10'04 "E. FOR 433.10 FEET; THENCE S.42 °45'26 "E. FOR 582.74 FEET; THENCE S.10 631'14 "E. FOR 261,69 FEET; THENCE 8.35 019'50 "E. FOR 153.55 FEET; THENCE 5.55 003'47 "E. FOR 269.35 FEET; THENCE S.88 037'18 "E. FOR 21.42 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 6; THENCE S.00 041'22 "E. ALONG SAID EAST LINE FOR 769.85 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6 BE A 4 "X 4" CONCRETE MONUMENT (JOHNSON LB 642); THENCE CONTINUING ALONG THE SAID EAST LINE S.00 °42'22 "E. FOR 2,751.90 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 BEING A 4'X 4" CONCRETE MONUMENT (COLLIER); THENCE 5.00 °38'44 "E. ALONG THE EAST LINE OF SAID SECTION 7, FOR 2,749.95 FEET TO THE EAST QUARTER CORNER BEING A 4'X 4" CONCRETE MONUMENT (COLLIER); THENCE CONTINUING ALONG SAID EAST LINE S.00 03944 "E. FOR 901.12 FEET TO A POINT LYING ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 82; THENCE N.74 °1 1'03 "W. ALONG SAID NORTH RIGHT OF WAY LINE FOR 5,168.13 FEET TO A POINT LYING ON THE WEST LINE OF SAID SECTION 7; THENCE N.00 °06'18 "W. ALONG SAID WEST LINE FOR 2,169.24 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7 BEING A 4 "X 4" CONCRETE MONUMENT; THENCE N.00 °1 1'07 "W. ALONG THE WEST LINE OF SAID SECTION 6, FOR 2,528.33 FEET TO A IRON ROD AND CAP (LB 6952); THENCE CONTINUING ALONG SAID WEST LINE N.00 °1 1'07 "W. FOR 2,528.33 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 898.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH WESTERLEY LINE OF SAID SECTION 6 AS BEING N.83 002'53 "E.. EXHIBIT A X W r) w w U) W Z �m J Q < °S Co U- �,T w Z �o a C �Q_aoQ� V J 3rW J O N Z Wmmrn O a a oW a T N W �aWW00 �a o W a o wo I=- Q OU 7)O~ LU LU /z O Z O o lJ < v U ° w U ah y ;Yy KW g 51 by .arCe� O � �3 2 [i1�E�amaaS�-r�rrrnrrErrr����� F, r Iitik�' °I 1 I • ' ■S mr °1 4 i bfJ+,�j 3 I ;<521 3 1 t�. ✓0 o �U4 8� �QQn oq • w Q L X W z e j zH �g 5 X896 I �j. $° d pp�yPye�� =•i a�2f)}$63 {��iygy ''yP. �.ap t }5j i g55yy$ e�i 3 ! P� I I t I c 3 � 9 9 mLLRx max^ yy s i z 4 4 1 07 n 1 / LJ �r ` _ Z8 oyo Y'•. r. 3 =` o b S ..� _ F••� 7,: Re ;$ Ok..i EC wo i �B rao #z ¢ 6-0 a� ipuo 093 Inn ell IYA ij, 2' 3 lop 11 a gt ` 5 , F a p E °„ g8 yy 55 1 r I A 1 -2 w J 031A Y0O 00 335 ]Nn HDIVR I P u Zj e I I I F E di�i 4p e i Ik e �u oN z Ii gp @�o 0 Uw ¢ �m d3 ! �P9 I iiCi C! ss if I' IP P: I s I I I xo 4 a' moo/ i P 7 III G m 'a eg 51 4 I M31n dot 333 3 3NIl Hp3Vry I i ,{ I 17D CONDITIONS OF APPROVAL Immokalee Sand Mine CU- 2008 -AR -14078 Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is depicted on the six -page site plan set, identified as the "Conceptual Conditional Use Plans for Immokalee Sand Mine" dated May 2008, with revisions on May 14, 2009, prepared by RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2. Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04 -41, as amended; and 4. Prior to any vehicular use of the site, the owner shall post two (2) signs along the 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 subject to review and approval by Collier County Environmental staff. The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the first to occur of either the Site Development Plan process or other local development order as may be required which may allow vehicular use of the site; and 5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6 of 6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be constructed; and 6. Development of the site shall be subject to compliance with the project phasing plan, "Immokalee Sand Mine Conceptual Phasing Plan," sheet 1 of 1, prepared by RWA, Inc., dated April 2010; and 7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and 8. Transportation Conditions: Revised 10/7/10 EXHIBIT C Page i of CONDITIONS OFAPPROI/AL Immokalee Sand Mine CU-2008-AR-14078 17D a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR -82 right -of- way to FDOT in connection with the widening of SR -82. The following stipulations shall apply to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty -five feet (35') of right -of -way along the Northerly side of SR -82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD &E) Study. The owner(s), its successors or assigns, agree to cooperate with FDOT during the design process for SR -82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off -site stormwater run -off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed. If the need for additional right -of -way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right -of -way along the North side of SR -82 to the State of Florida at no cost. The applicant shall provide compensating right -of -way at no cost of up to twelve feet (12') width and up to 460 feet in length (including taper), for a westbound right -turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right -of -way when the project SDP /SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR -82 (including dedications, conveyances, or reservations for water management) — as described in Paragraph La., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right -of -way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right -of -way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right -of -way reservation and /or dedication needs for the widening of SR -82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building Revised 10/7/10 Exhibit C Page 2 of CONDITIONS Of APPROVAL Immokalee Sand We CU-2008-AR-14078 l7D permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the payment in lieu option for the Immokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR -82 expansion); and b. During the life of the mine, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two -mile radius of the project entrance. The purpose of this stipulation is to ensure that the County does not incur out -of- pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee. In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure before filing any action in any court. c. Applicant shall be fully responsible for designing, permitting, and constructing a westbound acceleration lane at the project entrance on SR 82 for vehicles leaving the project. The west -bound acceleration lane will be up to twelve feet (12') in width and up to one thousand, six hundred and seventy feet (1,670') in length (including taper) and otherwise comply with FDOT standards; and 9. A tire wash system will be installed to wash dust from the wheels and underbody of all haul trucks exiting the facility. This system will direct water under pressure at the wheels and the underside of each vehicle as it passes through; and 10. Haul trucks will not be permitted to park or stage along the SR 82 right -of -way. Applicant may allow haul trucks to stage or park on the project's internal roadway prior to 6:30 a.m. Revised 10/7/10 Exhibit C Page 3 of3 17D _ -- YEAR 15 t\ YEAR 10 n �t VIII G _F YEAR 5 YEAR 4 7 YEAR b YEAR 2 YEAR I L -__ — - -TI F _ PHASE �uNF (rYR.) II II f �A L ARE% l , \IIV� Ili I 1 YEAR 20 Ili Ili \ YEAR 25 , II zmiti F _ m a. YEAR 30+ 0 1 RAp 82 R.W.A., WC. STATE OF FLORIDA BUSINESS LICENSE NO. EB- 0007663 INC. APRIL, 2010 "E "T' CEMEX CONSTRUCTION "DIX[A Visual MATERIALS FLORIDA, LLC. Visualization 1 "= 1 200' CONSULTING Civil En oRnwn'R.: TITI..e: IMMOKALEE SAND MINE Z t T VL JL Survg' MaPPiB M.S.J. 6619 WIllm Park Drive, Suite 200 CHEKFea° -- CONCEPTUAL PHASING PLAN Naples, Florida 34109 J.J. S__ Pho,e:(239)597-0575 sec 1wa. Rce. PROJECT Q SHEET I FILE ,Q (1 �j 'JY FAX: (239) 597-0578 NUMBER. 080095.00.02 NUMBER. OF 1 NJMBER.080095000L^O2 Exhibit D 17D Ln CD CD CD W o Qa Q Q Ln rte! 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