Resolution 2007-274
RESOLUTION 07--2.24.-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS
FOR EARTH MINING WITH EXCAVATION OF FILL
MATERIAL TO A MAXIM UN DEPTH OF 45 FEET, OR TO
THE 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 COLLIER 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
846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA;
AND REPEALING RESOLUTION NOS. 99-420 AND 06-157.
WHEREAS, the Legislature of the State of Florida in Chapter 67~1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41) 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
Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing
for earth mining with respect to the same property which is the subject of this conditional use
petition, which property is described in Exhibit B; and
WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as
Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use
concerning earth mining and blasting of material with respect to the same property which is the
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 parties wish that this Resolution supersede and replace Resolutions No.
99-420 and 06-157, so that this Resolution sets forth all conditions for the granting of the
Conditional Use for the subject property; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of allowing this
requested expansion of the existing Conditional Use; and
Page 1 of2
WHEREAS, the Collier County Planning Commission has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 1O.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:
(1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing
the owner of the property hereinafter described in Exhibit "B" attached hereto and incorporated
by reference 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 with 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
~r-t;;;;;nb./) ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
By:lll1lli ~,[)( .
Attest 1$ , t:;'Clerk
S1g111t1n 01 .J.
By:
latzkow
ssistant County Attorney
Page 2 of 2
Community Development & Environmental Services Division
Department of Zoning & Land Development Review
To:
Sue Filson, Executive Manager
Date:
Melissa Zone, Principal Planner .q---
10/24/2007 p::7
From:
Subject:
CU-2004-AR-6904 Jones Mine
Staff and the County Attorney's office reviewed the BCC minutes and incorporated all of the
conditions of approval that were stated in the motion.
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 -.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:
Adequate ingress & egress
Yes ~/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~Affectmitigatedby .-~t'pL,I(..:"":~,~c',,JPl\ l.,,; Cc ('c
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes. No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
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DATE: '.>
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CHAIRMAN:
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EXHIBIT A
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:
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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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 ofthe 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~ 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 / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
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DATE: 'h.{ 0 1--
MEMBER:
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:
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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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:
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.
B.
Consistency with the Land ,velopment Code and Growth Management Plan:
Yes./ No
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 & egress _
Yes I No
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 diSr
Yes_ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
1- 01
MEMBER ~))
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:
I. Section lO.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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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 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~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by (j'ACI'I' .', ;,;f \iV-<"' . :t., ii' I
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes \- No
Based on the above findings, this conditional use ShOUl/with stipulations, (copy attached)
(should not) be recommended for approval. !
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DATE:
MEMBER:
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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 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
'EXHIBIT US"
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 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:
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 stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f?~;; -0 7
MEMBER:
~6 c;f /" V ~? c:: /C7/~
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:
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 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 adj acent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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 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 ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or X- Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesX-- No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: rs - 71- 0 "7
-
MEMB~ d~-1
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 ofthe 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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
CHAIRMAN:
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 ~ment 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 & egress /'
Yes / No
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 diS~
Yes' No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
'-t;. ..''''
'-
;/L/ , )
MEMBER: ~/ /
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 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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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 Development 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:
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 ;> t1h 71f :) i71' II L If T/(}~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
j'j. rl--l :;; ?7'ptt L./t r)(!J.,/S
Yes L/ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f/~ J {J/
1 I
MEMBER: /( ("f-I'J/I<f. l".'/(itt/l tlfi..J
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 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 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
MEMBER:
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 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
EXHIBIT "B"
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Collier County 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.
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
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 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 procedural 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 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.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 dbl.
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0.20 inch per second.
Exhibit D
11. 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 has
terminated.
14. The applicant shall hire a consultant to establish an archaeological monitoring plan
and malee 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 peale 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 be permitted as part of the buffers.
18. To lessen the potential for noise, dampening of the rock crushing equipment shall
have attenuation propertieslenclosures 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 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 surrounding residential
property owners. If the County receives any complaint regarding the noise from the
rock crushing equipment then the hours of operation shall be limited to 7:00 A.M.
to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by
stipulation number 23.
Exhibit D
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 eighteen (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 determined on an acceleration rate to 45 miles per hour (mph) or posted speed
limit of a loaded dump truck exiting from the property on to Immokalee Road. The
southbound lane shall be built to the standards of the Transportation Services
Division and all costs of the construction of the southbound lane as well as the land
for right-of-way shall be the applicant's responsibility.
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
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 52nd 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 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 implemented prior to beginning
any construction including site clearing. The name and contact information of a
qualified biologist who will monitor work shall be supplied to Environmental
Services Department staff at the pre-construction meeting or prior to excavation
permit approval.
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
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
extent 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 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 formation shall be forwarded to the County. The
information 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 depicted on the attached map.
Exhibit D
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~ NO BLAST ZONE
DBLAST ZONE
CLIENT:
S.R. 846 LAND TRUST EARTH MINE
S.R. 846 LAND TRUST
Wi/sonMiller M.ooM~'~~~~:Z~~
.,.
Planners. Engineers. Ecologists. Surveyors . Landscape Architects . Transportation Consultants
SCALE;
1M-1500'
OATE:
10/2/2007
FtEVNO:
PROJECT:
Wi/sonMi/ler, Inc.
SEe TWP RGE,
47{48 27
PROJECT NO.
04208-000-000
DRWN l:!YIEMPNO.
INDEX NO:
3200 Bailey fane, Suite 200 . Naples, Florida 34105-8507 . Phone 239-649-4040 . Fax 239-263.6494 . Web-Sile www.wilsonmiller,com
SHEEr NO:
" 1
- ,
RESOLUTION 99-EO
A RESOLUTION PROVIDING FOR TIiE
ESTABLISHMENT OF AN EARTIiMINING_
EXCAVATION OF FILL MATERlAL CONDmONAL
USE ''I'' IN TIiE "A" RURAL AGRICULTURAL
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.
OF TIlE COllIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTIONS 35
AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST
AND SECTIONS I AND 2, TOWNSHIP 48 SOUTH,
RANGE27EAS~COLlIERCOUNTY,FlORIDA
WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are nocossary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Cede (Ordinance
No. 91-102) 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, the Collier County Planning Commission, being tho duly appointed and
constituted planning hoard for the area hereby affected, has held a public bearin,g after notice as in said
regulations made and provided, and bas considered the advisab.lity of Conditional Use "I" of Section
2.2,2.3. of the "AU Rural Agricultural Zoning District for eartbmining on the property hereinafter
described, and has found as a matter offact (Exhibit "A") that satisfactory provision and arrangement
bave been made concoming all applicable matters required by said regulations and in accordance with
Subsoction 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be board by this Board in a
public mooting assembled and the Board having considered all matters presented.
NOW, TIIEREFORE BE IT RESOLVED, BY TIiE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by R. Broce Anderson, Esquire of Young, Van Asaendorp, Varnadoe and
Anderson, PA, representing the SR-846 Land Trust, with respoct to tho property beroinaflor described
as:
.""",::,-
E~.~. which is attached bereto and incorporated byroforonco herein
-1-
EXHIBIT E
. "
be and the same is hereby approved for Conditiooal Use "I" of Section 2.2.2.3. of the "A" RwaI
Agricultura1 Zoning District for earthmining in accordance with the Conceptual Mast... Plan (Exhibit
lIe") and subject to the following conditions:
Exhibit "0" which is attached hereto and incorporated by reference herein.
BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority Yote.
Done this Clt Ttl- day of-N......"'..c.R... 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
:'ATtEsT: :.,.,.....
.' DWI(}~)riiROCK, Clerk
: . '\":::':;,:~~:.:/ 1
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Approved as. to Form and. 19niture on I,.
Legal SuffiCIency:
'nr;dif~iL?n. /k;,;t1td:
MlUjo' M. Studeni
Assistant County Attorney
g/adminlpetitionICU-519-16I RESOumON
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CONDmONS OF APPROVAL
CU-99-18
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission in their public hearing on September 16, 1999.
PlanninQ Services'
a. The Current Planning Manager, may approve minor changes in the
location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. expansion of the uses identllled and
approved within this conditional use application, or major changes to the
site plan submitted as part of this application, shall require the submittal
of a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, indudlng DIvIsion
3.3, Site Development Plan Review and approval, of the Collier County
Land Development Code. Ordinance (91-102).
b. The conditional use approval shall be reviewed at the end of five years 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 addtessed. Development
Services staff will use the following 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 procedurel
requirement for appeals. The standards for review are:
I. At least six months prior to the fifth anniversary of the Board of
Zoning appeals approvals. applicant shall submit a noise study
acceptable to Development Services staff to detennlne whether
additional benning, landscape or buffers are necessary to insure
compatibility with adjacent residential structures.
At least six months prior to the fifth anniversary of this approval,
applicant will submit to Development- services a Traffic Study
conducted In a manner approved by County TrensportaIIon
Department that assesses the level of service on County Road
846. the project's impact on county Road 846, and any mitigation
needed to address this ~ Jmpacts on autornolMl and
pedestrian safety along U. aff8cted. section of the CR. 846.
Additional mitigative measures that niay be required Include:
II.
,~.
(1) project contribution (on a proportional share basis) to add
signalizatlon or tum lanes for other public roads within this
project's Rac:lu of Influence.
-1-
. .
. .
(2) Limitation of haul trips from the project to a maximum of 175
per 24-hour period.
(3) Mitigation of abnormal wear or tear caused by this project's
use of County Road 846 that are not addressed by payment of
impact fees.
c. Traffic counts, conductecl on a quarterly basis. will be provided to Collier
County Transportation Services in a quarterly report. The traffic counts
will be taken at the project entrance. by dlreclion (inbound and outbound).
and will be conducted by fifteen-minute inaements for 48 consecutive
hours. Traffic counts and the quarterly report will be provided for five
years. The need for quarterly reports and counts will be re-evaluated
coincident with the conditional use review specified in condition (b)
above.
d. The applicant shall be responsible for the costs of engineering analysis
for a traffic signal warrant study and for the total costs of any signal. The
County shall be the sole detenniner of whether or when a study and/or
signal is needed. Further. the applicant agrees to the following additional
conditions:
(1) A northbound right-turn lane and a southbound Ieft.turn lane
will be provided at the entrance with ImmokaleeRoad. 1hese
turn lanes will be site-related Improvements. The turn lanes
will be designed reflective of Immokalee Road as a rural
arterial with 55 mph design speed. While the minimum storage
length design will be based on a rural roadway and 55 rnph
design speed. site condition may wanant longer turn lane.
'i:
(2) Advance warning signs will be provided on Immokalee Road.
north and south of the project entrance. A total of four
advanced warning signs. with flashers. will. be provided. The
hours that eacll sign shaH flash will be determined by the
applicant In consultation with Collier County Tra/lItJuI Itllk.n
Services. Warning signs will be placed approximately 700 feet
before the entrance both on northbound and southbound
directions. These signs shaH read Caution Trucks Entering
Highway or some other warning agreed to by Transportation
Services. Additional warning signs will be placed
approximately 200 feet befOIJl..tbe entrance In both northbound
and southbound directionl. -me. signs shall read Mine
Entrance Ahead or some other warning agreed to by
Transportation Services. All signs (type, size. location, etet)
shall be consistent with the Manual On Uniform Traffic Control
Devices.
(3) A flashing traffic signal will be provided at the intersection of
the project entrance and Immokalee Road. Immokalee Road
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will have the flashing yellow indication and the project
entrance the flashing red.
(4) Coincident with the Installation of the flashing yellow traffic
signal, the intersection will be Illuminated with a streetlight.
Hours of operation shall be 7:00 AM to 6:00 PM Monday through
Saturday; no excavation or hauling operation shall be allowed on
Sundays.
No blasting will be pennitted.
The excavation shall be limited to a lowest possible bottom elevation of
25 feet below existing grade unless a pennlt modification is appHed for
through EAC and the BeC and shall be no shallower than 10 feet below
existing grade. The excavation shall be limited to a bottom elevation of
-1.0 NGVO.
The petitioner must apply for a Vegetation Removal Pennil
Environmental staff shall perfonn a site visit to detennine the need for a
vegetation Removal Pennit and to check for any listed species. No work
shall be done prior to that site visit.
A lake littoral zone equivalent to 10 percent of the lake perimeter will be
planted prior to final acceptance.
A 20-foot maintenance easement dedicated to Collier County shall be
provided around the perimeter of the lake.
Off-site removal of material shall be subject to "standard conditions"
imposed by the Transportation Services ~ivision in the attached
document dated May 24,1988, as amended In January 13,1998.
I.
Provide all necessary wetland permits prior to obtaining the vegetation
removal permit.
Prior to obtaining the vagetatIon removal pennlt that Is required in
conjunction with the excavation permit, the petitioner shaD provide letters
from US Fish and Wildlife Services and the Florida Fish and WlIdUfe
Conservation Commission resolving all wildlife issues on the site, I.e.,
burrowing owls, Florida panther, F10ridablack bear, wood storti, etc.
:..--.
EXHIBIT "0"
-3-
,. ..
'.
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDmONS"
EXCA VA TION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these .Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1.
Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepatb shall be required as rninimal site improvements and ifrecommended for
approval, shall be so with the condition that the Transportation Services AdmiDistration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2.
Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3.
Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
The Transportation Services Administration reserves the right to establish emergcacy weight
limi~ on public roadways affected by the off-site removal of excavated material; the
procc!dure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight timita be instituted.
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight res1riction.
.- ..~;:>,
4.
5:
- ..'-
The ~on Performance Guarantee shall apply to excavation operations and also the
maintenan~air of public roads in accordance with current ordinances and applicable
permit stipulations.
Page One of Two
....\.
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~
6. Based on soil boring infonnation per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable ylo}"'lty owner release II required by
the Development Services Director.
B. Security bond applicable to private property damage acc:eptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend andlor revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in tenns of private property damage andlor related physical effectS of blasting
operations. .
7. No excavation permit shall be issued until receipt of a relcasci liOm the Tnmaportation
Services Administration applicable to plOp... mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and OrdinAnce No.
91-102 as amended.
Reference to letter of 5/24/88
Revised 1113(98
1
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Page Two of Two
RESOLUTION NO. 06.157
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABUSHMENT OF A
CONDITIONAL USE FOR EARTH MINlNG WITH
EXCA V A TION OF FILL MATERIAL TO A MAXlMUM
DEPTII OF 60 FEET, OR TO THE CONFINING SOIL LAYER,
WmCHEVER IS LESS, AND BLASTING OF MATERIAL IN
AN AGRICULTURE (A) ZONING DISTRICf IN
COMPLIANCE WITH ALL BLASTING REQUIREMENTS
PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES AND
SECTION 10.02.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection of
the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, On November 9, 1999, the Board of Zoning Appeals approved Resolution
No. 99-420 for a conditional use for earth mining activities over the same property which is the
subject of the instant conditional use petition; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a conditional use for earth
mining, with excavation of fill material to a maximum depth of 60 feet. or to the confining soil
layer. whichever is less. and blasting of material in an Agriculture (A) Zoning District pursuant to
Section 10.02.03 of the Collier County Land Development Code on the property hereafter
described, and the Collier County Planning Commission has found as a matter of fact (Exhibit
., A") that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection lO.08.00.D. of the Land
Development Code; and
WHEREAS, all interest parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters present.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining
Venture, LLC, and with respect to the property described in Exhibit "B." attached hereto and
incorporated by reference herein, be and the same is hereby approved for a conditional use for
earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining
soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District
Page I of2
EXHIBIT F
pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with
the Conceptual Master Plan (Exhibit "e"), and subject to the conditions set forth in Exhibit "D,"
which is attached hereto 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 super-majority vote.
Done this~,,:w? day of 9D , 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS OF
COLLIER COUNTY. FLORIDA
~~~~
At'test at to CIl.I....->4mty Clerk
SlqMtun onl,-
Approved as to form~and
legal sufficiency:
By:
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FRANK HALAS, Chairman
~..:M pt:.J.J'...:t--~ .
h-.. Jeffrey Klatzkow ,
l5 . Assistant County Attorney
Page 2 of 2
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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 -.--L No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by <text> t6 e r 1\0\"'> 'r 5 vV'\.. v s
Affect cannot be mitigated \ i''>-<' Ub · f..ll..A~--:' +-
- c>-'<"\o.A-r s;-hVvVoOv\'v>--.
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /NO
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 1/ - f - 0(,
C"AlRMAN~~ ~Ak-
Exhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
Yes V 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
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
v' No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes./ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
'~/~t){
.--:--
Its?/" ~?f-II
MEMBER:
.
78
9
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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 Lanievelopment 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:
c.
Adequate ingress & egr~s/
YesV No
Affects neighboring properties in relation to noise, glare, economic or odor
efits:
\. No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within di7
Yes No
DATE:
~hJ0
I ,
MEMBER:
~oo 5,q~\b't1.f'--
Based on the above findings, this conditional use should, with ipulations, (copy attached)
(should not) be recommended for approval.
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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 0 f:
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 ~' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
L-----""""'
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:~ 1)6 l..
MEMBE~ ~
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
Yes I 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
- wm.J /tDDllldNItL- SJ/A.11tI'x;VfJJ))
Yes ~ No 11ue-tJ ut1J6
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
c.
~ No affect or ~Affect mitigated by .f)1;S .. ~I N~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: t.,J J J Df..
/ I
MEMBER: UfJ--nnL':1!ud. (~
--_.._-------~...~..,.".._.- .
'.9
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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 0 f:
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 v No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or _ Affect mitigated by <text>' jE'<I1)~ "t".!cW.J
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes -.-L No
Based on tbe above findings, this conditional use should, Wi\stiPulatiOnS, (copy attached)
(should not) be recommended for approval. ,
,
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DATE: (j! I th MEMBER: j~,.{-l/,,,i I, J I ~wW1
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
The following 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 De;rlopment 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:
C.
Adequate ingress & egres~
Yes_ No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ffect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (co ched)
(should not) be recommended for approval.
DATE: ~-/ de
MEMBER:
~/
fi6<:y~T t//~.-t'".......///
"n
11
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
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
YesX No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or L Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes X No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: tfi ' /;-oL
~/
MEMBE . ~ ~ e::::-
1.
'-..
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 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
EXHI81T "8"
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?B
Collier County Conditions of Auuroval
CU-06-AR-9699
This approval is conditioned upon the following stipulations because of the close
proximity to Golden Gate Estates in Collier County.
I. The conditional use approval shall be reviewed one year from the date of 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 following 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 procedural requirement for
appeals. The standards for review are declared in the stipulations of Conditions of
Approval for CU-99-16. This condition hereby supersedes stipulation "b" of CU-
99-16 Conditions of Approval, as that stipulation may relate to this conditional use
(CU-06-AR-9699).
2. 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 be permitted as part of the buffers.
3. To lessen the potential for noise, dampening of the rock crushing equipment shall
have attenuation propertieslenclosures 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.
4. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I.
S. The proposed use shall not adversely increase the quantity of water run-off.
6. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
7. The mining operations shall be conducted in compliance with the laws of the State
of Florida, Collier County Government and the Federal Government, especially as
related to safety standards set forth in the Blasting Regulation of Collier County
Ordinance No. 04-55.
8. 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. Ifthe County receives any complaint regarding the noise from the
Exhibit D
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rock crushing equipment then the hours of operation shall be limited to 7:00 A.M.
to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by
stipulation number 9.
9. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through
Friday. Blasting activities shall not exceed eight (8) times a month with a three (3)
second maximum duration with a low volume and close pattern to minimize noise
and vibration. This condition hereby supersedes stipulation "f' of CU-99-16
Conditions of Approval, as that stipulation may relate to this conditional use (CU-
06-AR-9699).
10. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower. This condition hereby supersedes
stipulation "g" of CU-99-16 Conditions of Approval, as that stipulation may relate
to this conditional use (CU-06-AR-9699).
II. Excavation shall occur from the eastern boundary and work towards the western
boundary ofthe property.
12. A southbound lane shall be installed to include a passing lane and the length shall
be determined on an acceleration rate to 45 miles per hour (mph) or posted speed
limit of a loaded dump truck exiting from the property on to Immokalee Road. The
southbound lane shall be built to the standards of the Transportation Services
Division and all costs of the construction of the southbound lane as well as the land
for right-of-way shall be the applicant's responsibility.
13. 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.
14. 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.
15. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closes 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 52nd Avenue N.E. and 58th Avenue N.E.
16. 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 ofthe pre-
existing survey will be given to the homeowner and another copy shall be filed
with the Collier County Engineering Services Department Director.
Exhibit D
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17. Expedited permitting shall be pursued to ensure that these conditions are met
quickly and to shorten the length oftime that mining will occur on this site.
Exhibit D