Agenda 05/13/2008 Item #17E
Agenda Item No. 17E
May 13, 2008
Page 1 of 27
EXECUTIVE SUMMARY
CUR-2008-AR-12955, Mining Venture, LLC., represented by R. Bruce Anderson of
Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution
No. 2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a
review of the Conditional Use approval to determine whether additional stipulations or
mitigation are necessary. The subject property, consisting of 2,576 acres, is located east of
Immokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in
Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 & 2, Township
48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier County,
Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) review an existing Conditional Use for the
excavation offill material and blasting of material approved by Res. No. 07-274 and approve the
resolution which limits the blasting to 2 days a week and not to exceed S blasts a month.
CONSIDERATIONS:
-
On April 22, 2008, the BZA held a public hearing and reviewed an approved Conditional Use,
CU-04-AR-6904 (Res. No. 07-274) for an earth mining activity in the Rural Agriculture Mobile
Home Overlay (A-MHO) Zoning District. The BZA directed staff to revise the approved
Conditions of Approval for Res. No. 07-274 to limit the OCCUITence of blasting activities from IS
times a month to S times a month for the business commonly refeITed to as "Jones Mine".
FISCAL IMPACT:
The Conditional Use by and of itself, will have no fiscal impact on Collier County. The inclusion
of impact fees and taxes collected are lor infolTIlational purposes only; they are not included in
the criteria used by Staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMPl IMPACT:
--
The subject property is designated as Rural Agricultural/Rural, Rural Fringe Mixed-Use District
(RFMUD), Receiving Lands, on the Future Land Use Map of the Growth Management Plan
(GMP). The RFMUD provides a transition between the Urban and Estates designated lands and
between the Urban and Agricultural/Rural and Conservation designated lands lying farther to the
east. The GMP allows for earth mining activities within the RFMUD Receiving Lands. The
Collier County Land Development Code also indicates that earth mining activities are
permissible as conditional uses in the RFMUD Receiving Lands. Based upon the above analysis
and review, staff concludes that the Conditional Use for the earth mine in the Agricultural zoning
district may be deemed consistent with the Future Land Usc Element.
Page 1 of2
Agenda Item No. 17E
May 13, 2008
Page 2 of 27
LEGAL CONSIDERATIONS:
This Resolution memorializes the BZA action taken on this item at its April 22, 200S meeting.
(MMSS)
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) accept the revised Conditions of
Approval and approve Petition CUR-200S-AR-12955, Land Trust Earth Mine to allow the
continued use.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
Page 2 of2
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
Page 1 of2
Agenda Item No. 17E
May 13, 2008
Page 3 of 27
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. CUR-200B-A.12955, Mining Venture, LlC., represented by R. Bruce
Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use
Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district, which
requires a review of the Conditional Use approval to determine whether additional
stipulations or mitigation are necessary. The subject property, consisting of 2,576 acres. IS
located east of lmmokalee Road (CR-B46), approximately 2 miles north of Oil Well Road
(CR-858) In Sections 35 & 36, Township 47 South, Range 27 East and all of Sections 1 & 2,
Township 48 South. Range 27 East, less Road Right-of-Way for County Road 846, Collier
County, FlOrida
5/13/200890000 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Zoning & Land Development Review
5/2/20085:15:49 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/5/20089:19 AM
Approved By
Marjorie M. Student-Stirling
County Attorney
Chief Planner
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Zoning & Land Development Review
5t5f2008 9:25 AM
Approved By
OMS Coordinator
County Manager's Office
Assistant County Attorney
Date
Approved By
Mark Isackson
County Attorney Office
5.15/2008 1 :34 PM
file://C:\AgendaTest\ExlJort\ I 07-Mav%20 13.%20200S\ 17.%20SUMMARY%20AGENDA\1... 5/7/200S
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/5(20082:47 PM
OMS Coordinator
Date
Office of Management & Budget
5/5/20084:19 PM
Budget Analyst
Date
Page 2 of2
Agenda Item 1'0. 17E
May 13, 2008
Page 4 of 27
County Manager's Office
Office of Management & Budget
5/5/2008 7 :05 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/6/2008 1 :32 PM
tile://C:\AgendaTest\Export\ I 07-Mav%20 13,%20200S\ 17.%20SUMMARY%20AGENDA \ I... 517/200S
RESOLUTION NO 08-
A RESOLUTION OF TIlE BOARD OF ZONING APPEALS OF
COLLIER COUNTy, FLORIDA, AMENDING RESOLUTION
NUMBER 07-274 WHICH ESTABLISHED THE JONES
EARTHMINING OPERATION CONDffiONAL USE TO AMEND
EXHIBIT D, CONDITIONS, BY REVISING THE NUMBER OF
MONTHLY BLASTING ACflVITlES.
WHEREAS, on September 25, 2007, lbe Board of Zoning Appeals (BZA) approved a
conditional use for an expanded earthmining operation (Petition Number CU-04-AR-6904) by
Resolution Number 07-274, a copy ofwmch is attached hereto as ExhI'bit 1; and
"\VHEREAS) said conditional use approval was made subject to severa) conditions
attacbed and made a part of Resolution Number 07-274 as Exhibit D thereof; and
WHEREAS, Paragiaph 3 of said Exbib;t D requi.red that. this earthmining conditional use
operation be evaluated by staff and be brought back to the BLI\. for further review; and
WHEREAS, on April 22, 2008, staff did bring back the earthmining conditional use for
BZA review and the BZA did review it; and
WHEREAS. the BZA as a result of its review and hearing on the matter determined tbat
certain changes to said Exhibit D conditions where necessary; and
WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as
Exhibit 1 with a revised Exhibit 0 attached hereto as Exhibit 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZON1NG APPEALS
OF COLLIER COUNTY, FLORIDA that:
Exhibit D of Resolution Number 07-274 is amended to read as set forth on the
revised Exhibit D attached hereto as Exhibit 2 and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and superwmajority vote, this _ day of
,2008.
ATTEST:
Dwight E. Brock. Clerk
BOARD OF ZONING APPEALS
COlLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
1[(i"{lY Marjorie M. Student-Stirling--
Assistant County Attorney
MMSS - amending Reso. No. 07-274 1
Words stIUG1: througlt are deleted; words underlined are added,
Agenda item No. HE
May 13, 2008
Page 5 of 27
.L\genda item t-Jo. 17E
May 13, 2008
Page 6 of 27
Collier Countv Conditions of Approval
CU-04-AR-6904 Land Trust Earth Mine
This approval is conditioned upon the following stipulations because of the close
proximity to Golden Gate Estates in Collier County.
]. The BZA may revoke the approval of this Conditional Use if the approved use or
the manner in which the approved use is conducted, managed or operated impairs
the character and integrity of the zoning district and surrounding area, or the
applicant does not fully comply with or complete all conditions of approval or
improvements indicated on the development plan and modification of the
conditions or plan are found not to be in the public interest or are detrimental to tbe
public health, safety, or general welfare.
2. Jones Mine shall assist in the formation of a committee comprised of surrounding
neighbors that will work together to hire a qualified engineer(s) who will
investigate blasting complaints. The firm and/or candidate should be unbiased
toward all parties and hired prior to the BZA six month review of the conditional
use.
3. The conditional use approval shall be reviewed by staff and brought back to the
BZA after six months from the date of this conditional use approval, on the first
anniversary of this conditional use approval, and every two years subsequent to
determine whether additional stipulations or mitigation are necessary to insnre
compatibility with other properties in the area and to assure public health, safety
and welfare is adequately addressed. Development Services staff will use the
foregoing standards in their review and in the event of the inability of Development
Services and applicant to agree upon additional stipulations or mitigation, the
matter will be referred to the Board of Zoning Appeals using the Land
Development Code proceduml reqnirement for appeals.
4. This Conditional Usc for blasting shall be reviewed by staff and brought back to
the CCPC and BZA after one year from the time the excavation permit is issued.
5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for
neighborhood improvements.
6. The County shall monitor the conditional use for blasting, and an inspection charge
shall be applied to cover fees associated with the inspection.
7. A $500,000 bond shall be set aside for settlement of any claims for structural
damages directly resulting from blasting.
8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or
www,jonesmining.colll.
9. To reduce the impacts to the neighborhood. and to account for changes in wea.ther
conditions, air blasts shall not exceed a maximum limit of 120 db!.
] O. Ground vibration shall be allowed up to and not to exceed a calendar monthly
averagc of 0.20 inch per second.
Exhibit D of Resolution 07-274 - revised 5-1-08 MlvlSS
Exhibit 2
Words _I: throu!;h are deleted; words underlined are added.
Agenda Item No. 17E
May 13, 2008
Page 7 of 27
11. The maximum load per hole shall be limited to less than 100 pounds of explosives
per blast.
12. The maximum of eigllteel1 (18) blasts number of blasting activities shall be limited
to eight (8) davs per month and the maximum number of holes per month shall not
exceed 1,680.
13. 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
terminated.
14. 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,
15. 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.
] 6. The storm water run off quality should not be affected with the proposed
excavation area expansion.
17. 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 residential stmctures
immediately upon approval of this conditional use to insure the noise reduction is
addressed. Mulch berms shall not be pemlitted as part of the buffers.
] 8. 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.
19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I and II.
20. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
21. The mining operations shall be conducted in compliance with the Jaws of the State
of Florida, Collier County Government and the Federal Government, especially as
related to safety standards set fOlih in the Blasting Regulation of Collier County
Ordinance No. 04-55, as amended,
22. 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.
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhillit 2
Words strode through are deleted; words underlined are added.
,AC19nda item No. 17E
~ May 13, 2008
Page 8 of 27
to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by
stipulation number 23.
23. 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 eighlceR (18) times-a eight (8) davs per
month with a three (3) second maximum initiation duration with a low volume and
close pattern to minimize noise and vibration.
24. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower.
25. Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
26. 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
Di vision and all costs of the constmction of the southbound Jane as well as the land
for right-of-way shall be the applicant's responsibility.
27. 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.
28. 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.
29. During each blast a seismograph machine shall be placed in three locations; at the
northem property border closest to Fawn A venue and adjacent to the closesl
residential structure; at the southern propeliy border adjacent to the c10sesl
residential structure between 16th Street N.E. and 20lh Street N.E.; at the eastern
property border between 52nd Avenue N.E. and 581h Avenue N.E.
30. 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 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.
31. An approved indigo snake plan is required to be implemcnted 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.
32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife
Conservation Commission (FWC) accepted mitigation for impacts to panthers,
ExhibitD of Resolution 07-274 - revised 5-1.08 MMSS
Exhibit 2
Words struck thraagh are deleted; words underlined are added.
Agenda Item No. 17E
May 13, 2008
Page 9 of 27
woodstorks, Florida black bear and other listed species will be required prior to
excavation permit approvaL
33. 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 the life of the project. The applicant shall submit a copy of
these surveys to Environmental Services Deparunent staff.
34. 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.
35. Any other additional or updated environmental permits or information as required
in the LDC will be required prior to excavation permit approval.
36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created
lake. Construction of the littoral area will commence no later than 2 years from the
approval of the Conditional Use and be finished within 5 years of said approval.
37. All conditions of the original Conditional Use shall rernain in effect, but only to the
extent they are not in eonflict or inconsistent with these stipulations.
38. The water table in adjacent on-site wctlands shall be monitored. Levels shall be
recorded and repOlted 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.
39. Additional information provided by FWC staff regarding impacts of blasting on
burrowing owl embryo fonnation shall be forwarded to the County. The
infonnation from the FWC shall be provided to the applicant upon receipt.
40. 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,
41. Blasting shall be terminated five (5) years after the expanded excavation permit has
been issued.
42. Blasting shall be limited to the blast zone depict.ed on the attached map.
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhibit 2
Words struek through are deleted; words underlined are added.
i\genda Item No. 17E
May 13, 2008
Page 10 of 27
-~-l
~ NO BLAST ZONE
DBLAST ZONE
PROJECT:
S.R. 846 lAND TRUST EARTH MINE
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Agenda Item No. 17E
May 13, 2008
Page 11 of27
RESOLUTION 07-.21.A.-
A RESOLUTION OF TIlE BOARD OF ZONING APPEALS
PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS
FOR EARTH MINING WITH EXCAVATION OF FILL
MATERIAL TO A MAXlMUN DEPTH OF 45 FEET, OR TO
TIlE CONFINING LAYER, WHICHEVER IS LESS, AND
BLASTING OF MATERIAL IN A RURAL AGRICULTURAL-
MOBILE HOME OVERLAY (A-MHO). IN COMPLIANCE
WITH All. BLASTING REQUIREMENTS PURSUANT TO
ARTICLE IV, SECTION 22 OF THE COll.IER COUNTY
CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
AND FOR PROCESSING OF MATERIAL FOR PROPERTY'
LOCATED 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 SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD
8# (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA;
AND REPEALING RESOLUTION NOS. 99-420 AND 06-157.
WHEREAS, Ihe Legisr.!u," of the SI.le of Florid. in Ch.pler 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning llnd such business regulations as are necessary for the protection
of the public; and
WHEREAS, lhe County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41) 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, a copy of which is attached as
E;.;.bibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing
for earth mining with respect to the same propeny which is the subject of this conditional use
petition, which property is described in Exhibit B; and
WHEREAS, on June 20, 2006, hy Resolution 06~157. a copy of which is attached ll.'l
E;.;.hibit F. the Board of Zoning Appeals of Collier County approved a second Conditional Use
concerning earth mining and blasting of material with respe~:t to the same property which is lhe
subject of this conditional use petition; and
WHEREAS, the owner of the subject property. Mining Venture. LLC, has filed Petition
No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and
WHEREAS, the panies wish that this Resolution supersede and replace Resolutions No.
99-420 and 06-157. so thilt this Resolution sets forth all conditions for (he granting of the
Conditional Use for the subject property; and
WHEREAS, rhe Board of Zoning Appeals (Board), heing the duiy appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice 3!:.
in said regulations made and provided, and has considered the advisability of allowing this
requested expansion of the existing Conditional Use; and
Page I of 2
Exhibit 1
(17 pages)
.A;)enda Item No. 17E
May 13. 2008
Page 12 of 27
WHEREAS, the Collier County Planning Commission has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been made concerning aU
applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of
the Ltmd Developmem 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:
(1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing
the owner of the property hereinafter de..<>eribed in E:-:hibit "B" attached hereto ~nd incorporated
by referenc.c herein, be and the same is hereby approved, to the extent that the Board hereby
grants a new Conditional Use for Rural Agricultural-Mobile Home Overlay (A-MHO) district for
earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil
layer, whichever is less, and blasting of material in compliance with all blasting requirements of
Section 10.02.03 Collier County Land Development Code in accordance wirh the Conceptual
Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D" which is attached
hereto.and incorporated by reference herein.
(2) That this Resolution hereby supersedes and replaces Resolutions No. 99-420 and
06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer
of any legal force or effect.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this ~day of
~f'Ii;;J??IY/> ,2007.
AITEST:
DWIGHT E. BROCK,CLERK
r1Clerk
J MES COLEITA, Chairman
By:
Page 2 on
Agenda Item No. 17E
May 13, 2008
Page 13 of 27
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ,,/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes i/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or LAffect mitigated by '--~+''pL' i('.."ch~~ .'~,.\d"l\ k'L/ (.( )l:
_ Affect cannot be mitigated
0, Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
Based on th.e above findings, this conditional use should, with stipulations, (copy attach.ed)
(should not) be recommended for approval.
CHAIRMAN:
.Ci.....,_,. "
"\ (.,
: I.t
I' .>J ~\h......,
9: "
DATE: )'
(.II
\ 1
EXHIBIT A
-----r-~~........,.-,..>..--.-'---.--~'
Agenda item No. 11E
lv1ay 13, 2008
Page 14 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLA.~NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Cooc and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thcreon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case offire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or ooor
effects:
~No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Ycs /" No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
-
~
DATE: '1'1 c 7
MEMBER:
Agenda Item No. 17E
May 13, 2008
Page 15 of 27
FINDING OF FACT
BY
COLLIER COUl\'TY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affeL1: the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with the Lan7d De..,elopment Code and Growth Management Plan:
Yes_ No_
B,
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow a' ,d
control, and access in case of fire or catastrophe:
c.
Adequate ingress & egress; ,
Yes_ No
Affects neighboring propertles in relation to noise, glare, economic or odor
effects :
INo affect or Affect mitigated by
--..- ~
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within disf
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
01
\
MEMBER. ~~~ ~
L
Agenda item No. 17E
May 13. 2008
Page 16 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLAA"NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Grov.1h Management Plan:
Yes ;....// No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case offire or catastrophe:
Adequate ingress & egress
Yes" I No
-"---- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~_ Affect mitigated by (ri,.r,,'I',!":", (!f v:t'll:":;,(, 1
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
V
Yes No
Based on the above findings, this conditional use ShO:~/Vith stipulations, (copy attached)
(should not) be recommended for approval. 1
I
II
MEMBER: i'.! I'.',.;,','J""
ir _ ,.'" ,.'1;\ :l i"
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DATE:
\'
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Agenda Item No. 17E
May 13, 2008
Page 17 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with the Land D~lopment Code and Growth Management Plan:
YesL No_
B.
lngress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
C.
Adequate ingress & egress /
Yes~ No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
bo affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district .
YeSLNO_
Based on the above findings, this conditional use should, with stipulatiollil, (copy attached)
(should not) be recommended for approval.
DATE: &,~;J -0 ;7
MEMBER~ ~)
?-
~6 c-;r./ V,....-? c:- /o/....:::;r-
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Aoenda Item No. 17E
- May 13. 2008
Page 18 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The follov,1ng facts are found:
I. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes-$ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes r:: No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes..!t- No___
Based Oil the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
K - lJ..- 0 7
-
MEMBl6~=--d ~J .
Agenda Item No. 17E
May 13, 2008
Page 19 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLA!'I'NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency -with the Land 7inent Code and Growth Management Plan:
Yes L' No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
C.
Adequate ingress & egres/s /
Yes~ No
Affects neighboring properties i1}relation to noise, glare, economic or odor
effects: ~
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within diS~
Yes _ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
"[;;?
,~..-. ,/ ~)
. , ,
, ' ,./
MEMBER: ,:;;, .
---.--
:':I.aenda Item No. 17E
~ f',1ay 13, 2008
Page 20 of 27
FINDING OF FACT
BY
COLLIER COUNTY PLAr-.'NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by ) }.1)/111 .> n P II L /I TIO~
_ Affect carnot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
iv. ;'7-i ::;: /7 h,' !-.11 (7{!/..I-:.:,
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f/~) tJ!
-, I
MEMBER: /I ('~n,u 1:;,,/( (It.,'''~-G
Agenda Item No. 17E
May 13, ;2008
Page 21 of 27
LEGAL DESCRIPTION
ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND All OF SECTIONS 1 AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 846 (lMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
EXHIBIT "B"
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Agenda Item No. 17E
May 13, 2008
Page 23 of 27
Collier County Conditions of Approval
CU-04-AR-6904 Land Trust Earth Mine
This approval is conditioned upon the following stipulatiollS because of the close
proximity to Golden Gate Estates in Collier County.
1, The BZA may revoke the approval of this Conditional Use if the approved use or
the manner in which the approved use is conducted, managed or operated impairs
the character and integrity of the zoning district and surrounding area, or the
applicant does not fully comply with or complete all conditions of approval or
improvements indicated on the development plan and modification of the
conditions or plan are found not to be in the public interest or are detrimental to the
public health, safety, or general welfare,
2. Jones Mine shall assist in the formation of a committee comprised of surrounding
neighbors that will work together to hire a qualified engineer(s) who will
i.nvestigate blasting complaints. The finn and/or candidate should be unbiased
toward all parties and hired prior to the BZA six month review of the conditional
use.
3. The conditional use approval shall be reviewed by staff and brought back to the
BZA after six months from the date of this conditional use approval, on the first
anniversary of this conditional use approval, and every two years subsequent to
determine whether additional stipulations or mitigation are necessary to insure
compatibility with other properties in the area and to assure public health, safety
and welfare is adequately addressed. Development Services staff will use the
foregoing standards in their review and in the event of the inability of Development
Services and applicant to agree upon additional stipulations or mitigation, the
matter will be referred to the Board of Zoning Appeals using the Land
Development Code proccdural requirement for appeals.
4. This Conditional Use for blasting shall be reviewed by staff and brought back to
the CCPC and BZA after one year from the time the excavation permit is issued.
5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for
neighborhood improvements.
6. The County shall monitor the conditional use for blasting, and an inspection charge
shall be applied to cover fees associated with the inspection.
7. A $500,000 bond shall be set aside for scttlement of any claims for structural
damages directly resulting trom blasting.
8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or
.www.jonesmining.com.
9. 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 db!.
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0.20 inch per second.
Exhibit D
Agenda Item t..Jo. 17:::
May 13. 2008
Page 24 of 27
II. The maximum load per hole shall be limited to less than 100 pounds of explosives
per blast.
12. The maximum of eighteen (18) blasts per month and the maximum number of holes
per month shall not exceed 1,680.
13. 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 ha~
terminated.
14. The applicant shall hire a consultant to establish an archaeological monitoring plan
and make sure the employces of Jones Mine are aware of the monitoring plan.
15. 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.
16. The storm water run off quality should not be affected with the proposed
excavation area expansion.
17. 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 residential structures
immediately upon approval of this conditional use to insure the noise reduction is
addressed. Mulch berms shall not he permitted as part of the buffers.
] 8. To lessen the potential for [loise, 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, (Le. 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.
19. Blasting is allowcd only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I and II.
20. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
21. The mining operations shall be conducted Ln 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
22. 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 sUITounding residential
properly owners. If the County receives any complaint regarding the noise from the
rock crushing equipment then the hoW's 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.
ExhibitD
Agenda Item No. 17E
May 13, 2008
Page 25 of 27
23. 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 eightcen (18) times a month with a three
(3) second maximum initiation duration with a low volume and close pattern to
minimize noise and vibration.
24. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower.
25. Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
26. A southbound lane shall be installed to include a passing lane and the length shall
be detennined 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.
27. 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.
28. Upon completion of excavation activities, all buildings, equipment, buffers and
berms shall be removed within six (6) months, unless such buildings and equipmcnt
will be used in the reclamation process,
29. 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 closes
residential structure; at the southern property border adjacent to the closes
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.
30. A pre-blasting survey shall be taken for all affected property owners who expressed
a concern at the Neighborhood Information Meeting, Collier County Plmming
Commission and the Board of County Commissioners as well as those who
transmitted letters of dissent and existing structures along with 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 flied
with the Collier County Engineering Services Department Director.
31. An approved indigo snake plan is required to be implemented prior to beginning
any cOllStruction including site clearing. The name and contact information of a
qualified biologist who will monitor work shaU be supplied to Environmental
Services Department staff at the prc-construction meeting or prior to excavation
permit approval.
32. 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.
33. 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
Exhibit D
.Agenda Item No. 17E
May 13, 2008
Page 26 of 27
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 the life of the project. The applicant shall submit a copy of
these surveys to Environmental Services Department staff.
34. 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
35. Any other additional or updated environmental permits or information as required
in the LDC will be required prior to excavation permit approval.
36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created
lake. Construction of the littoral area will commence no later than 2 years from the
approval of the Conditional Use and be finished within 5 years of said approval.
37. All conditions of the original Conditional Use shall remain in effect, but only to the
cxtent they are not in conflict or inconsistent with these stipulations.
38. 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 Scptember for 5 years. The results shall also be provided
to the EnvirOlm1ental Advisory Committee.
39. Additional information provided by FWC staff regarding impacts of blasting on
burrowing owl embryo formation shall be forwarded t.o the County. The
information from the FWC shall be provided to the applicant. upon receipt.
40. Expedited permitting shall be pursued t.o ensure that these conditions are met
quickly and to shorten the length of time that mining will occur on this site.
41. Blasting shall be terminated five (5) years after the expanded excavation penuit has
been issued.
42. Blasting shall be limited to the blast zone depicted on the attached map.
Exhibit D
I
Agenda Item No. 17E
I.l~y ~ J, 2000
Page 27 of 27
PROJECT:
CLIENT:
S.R. B46 LAND TRUST EARTH MINE
S.R. 846 LAND TRUST
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W;/sonMiller, Inc.
JZDO BIlII.-y/'l1t. SuJu-l~ . N~u, Flom/l341CS-I5Cl . /'Ilent Z39"~~S~04g . ru 2.:J9.2t:'.~94 . Wfb-SII!! llIi!'lV.wi/wlrmJ!1or"llIll
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~ NO BLAST ZONE
D BLAST ZONE
Sc.Al.t.:
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10/2/20-07
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1-=1500'
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47/48 27
PROJE(:TNC).
04208-000-000
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