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Resolution 2008-128 RESOLUTION NO. 08-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NUMBER 07-274 WHICH ESTABLISHED THE JONES EARTHMINING OPERATION CONDITIONAL USE TO AMEND EXHffiIT D, CONDITIONS, BY REVISING THE NUMBER OF MONTHLY BLASTING ACTIVITIES. WHEREAS, on September 25, 2007, the 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 of which is attached hereto as Exhibit I; and WHEREAS, said conditional use approval was made subject to several conditions attached and made a part of Resolution Number 07-274 as Exhibit D thereof; and WHEREAS, Paragraph 3 of said Exhibit D required that this earthmining conditional use operation be evaluated by staff and be brought back to the BZA for further review; and WHEREAS, on April 22, 2008, staff did bring back the earth mining 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 that certain changes to said Exhibit D conditions where necessary; and WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as Exhibit I with a revised Exhibit D attached hereto as Exhibit 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING 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 super-majority vote, this il day of fil' ar ,2008. ATTEST: DwightE..~To~;perk . .'" .' . '. . i,::~ BOARD OF ZONING APPEALS COLL~R YJNTY, F ORIDA. By: .~'fJt.- TOM HENNING, CHAIRMA By~e~. -...- as -,r' .rillUiY Clerk lfMatIft.l~' Appro~a:4sto'foqn'~' and legal si.tffic:lency: '/'JiiiL-'-"(VlAA.- JY). ,~ ~~ MarjorieJM. Student-Stirling Assistant County Attorney MMSS - amending Reso. No. 07-274 I Words stnlell tilrsligil are deleted; words underlined are added. 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. 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 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 of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words stnlell tilrougil are deleted; words underlined are added. 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eigiltesH (18) blasts number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 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 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 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 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. Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words stfllek tilnJllgil are deleted; words underlined are added. 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 eigilteeH (18) times a eight (8) days \ler 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, Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words stroell tilrotlgil are deleted; words underlined are added. 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 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. 4]. 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 of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words struell tilroHgil are deleted; words underlined are added. RESOLUTION 07-.ilA- 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 MAXIMUN DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEYER IS LESS. AND BLASTING OF MATERlAL IN A RURAL AGRICULTURAL- MOBILE HOME OYERLA Y (A-MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IY. 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 estabhshing regulations for the zoning of particular geogr.!phic divisions of the County. among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, hy 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 1s 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. LLe, has filed Petition No. CU-2004-AR-6904. seeking to ex lend 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 I of2 Exhibit 1 (17 pages) 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 10.08.00.0. 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 RESOLYED BY The Board Of Zoning Appeals Of Collier County, Florida, that: (I) The petition filed by R. Bruce Anderson, Esq. of Roetze1 & 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 "e") 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 RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this ~day of ~pto:;mb/J ,2007. A TIEST: DWIGlIT E. BROCK, CLERK t'Clerk BOARD OF ZONING APPEALS ::LL~~~ J S COLETIA. Chalrman Page 2 of2 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 ease 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 ~ Affeet mitigated by .~~t, pt., I,.. :"d':~'~<I,J"'l' t. "; CC I~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. '\ 1+ 0> it \..)0_____ DATE: el) (.) 7 " 1 CHAIRMAN: j. ',u. , 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 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 referenee 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 odor effects: v-"'No affect or _ Affect mitigated by _ Affeet 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: 'h..t 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 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 Lan7d Development 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 offire 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 diSf Ves_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 01 MEMBER ~~f 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 YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / '.-1/' h;,' ,,'f' \" 'll; ","1' I _ No affect or .\L..,Affectmitigatedby L"\\'II,',\,., ,., '-Ie' , .' . _ 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 ShOUI/With stipulations, (copy attached) (should not) be recommended for approval. / I I I , I DATE: MEMBER: C~:f>i, .J: ;'.l~'~ ') -;:~ . " I \ 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. 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: ho 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 attaehed) (should not) be recommended for approval. DATE: ;? -;l -() 7 ~) --- MEMBER, ~ /f):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 publie 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 --',t!: 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 -y:: No C. Affeets neighboring properties in relation to noise, glare, economic or odor effects : _ No affect or X- Affect mitigated by _ Affect eannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -Ii.- No Based on the above findings, this eonditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: rr - 71- 0"7 - MEMB~ _ 2~ 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: \. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the publie interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land ~inent 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 L No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~// _ No affect or _ Affeet 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: .. ;-];:~ -) "C' / / . / I ,. , MEMBER: y' 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 aeeess 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 > Mh rn :) n P 1I L tI TI(}~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district /'.J'il-l ::.: /l.f'u L/~ rJ(JJ../~ Yes tl No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: f/~ / ()/ I f MEMBER: /1 (.;nd,f. 1:"..//( 'ti/, tl~"----,, 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 "8" '" ~ ... It: E! en ... ;:: W oo::l i!c Cf.... I' ~g~ <N;:::: c!;..'" Qt;ia ~.~iU ::let;; Ul1.C ,-- 1[1 i !i III i; ,IIHI ~II! ~ 1111111 , I I ,It! nlll Ijlll~~m.ll i ! ~ ~ I i i, ' III i i i i lid Ii' · , , I ! Iii i I ! !i ~ j;'l~41IQ'jll III u ... - III i , .. Collier County Conditions of Approval CU-04-AR-6904 Land Trnst Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. I. 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 baek 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 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 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 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. 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 reduetion is addressed. Mulch berms shall not be permitted as part ofthe buffers. 18. 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 IO 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 AM. 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 AM. 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 shan be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shan occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shan 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 shan 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 an 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 ftled 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 eommencement 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 Mareh 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 oftime 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 ~ NO BLAST ZONE DBLAST ZONE CLIENT: S.R. 846 LAND TRUST EARTH MINE S.R. 846 LAND TRUST PROJECT: _.....J\lJo..~~'""'" WilSlinMiller -...~.._~ .. P/IMJWt . Etlg/t1,,,, . Ecologist. . Surwyors . Lllnd.c.". ArchnKfJ . Tr.t1lportatlon COtlsultlrltt. WI/sonMiIIsr, Inc. SC.o.lE; O.l.TE: 10/2/2007 IIt\lJolO: 32Df B.III,l1n., StlIt.101 . NIP"', FllHid.3411$-1$07 . P/IoM 239-t14!1-4rWI . Fu 23J-2U.6.ff4 . W.b-Sl/fo lI'lI'll'.lI'IIfomtlIItr.",m 1~=150o' $Ee: ~ Rafe 47/46 27 PIIOJEcr..o. 04206-000-000 OI'l....N8VIE"''''NO. INDEItNO; SI1EHNO; '"