Resolution 2008-290
RESOLUTION 08- 290
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY PROVIDING FOR A CONDITIONAL USE
WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION
OF FILL MATERIAL TO A MAXIMUM DEPTH OF 45 FEET, OR
TO THE CONFINING LAYER, WHICHEVER IS LESS, AND
BLASTING OF MA TERIAL IN A RURAL AGRICUL TURAL
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
ORDINANCES AND SECTION 10.02.03 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AND FOR
PROCESSING OF MATERIAL FOR PROPERTY LOCATED
EAST OF IMMOKALEE ROAD, APPROXIMA TEL Y 2 MILES
NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS
LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47
SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND 2,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-
OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD),
COLLIER COUNTY, FLORIDA; AND REPEALING
RESOLUTION NOS. 99-420,06-157 AND 07-274.
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
ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, on November 9, 1999, by Resolution 99-420, 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, on September 25, 2007, by Resolution 07-274, a copy of which is attached
as Exhibit G, the Board of Zoning Appeals of Collier County approved a third Conditional Use
concerning earth mining and blasting of material with respect to the same property which is the
subject ofthis conditional use petition; and
WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition
No. CUR-2008-AR-13539, seeking to extend the boundaries of the excavation; and
WHEREAS, the parties wish that this Resolution supersede and replace Resolution Nos.
99-420,06-157 and 07-274, so that this Resolution sets forth all conditions for the granting ofthe
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
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 10.08.00.1. of
the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, 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
2
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 materials 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 Resolution Nos. 99-420, 06-
157, and 07-274, 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
~be~,2008.
ATTEST:
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BOARD OF ZONING APPEALS
::L~rY' LORID~
TOM HENNING, Chairma
DWIGHT-E. BROCK, Clerk
Approved as to form
and legal sufficit;;ncy:
, .
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':.;;'..... .--- '.........\'"./,./..'~
Steven T. Williams
Assistant County Attorney
CP\08-CPS-00872\Reso
3
FTh1>INGS 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 authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ,,/" No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes i.,/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~Affectmitigatedby ..~t,pt,i(..c'LhS /\~.'l(JPl\ ~'ti 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.
DATE: 9:), ."
u1
CHAIRMAN:
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DIIBll 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;
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:
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:
Adeq uate 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: 'J~{ 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:
] . 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.
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 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:
Compa1ible use within dlSr
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
_ 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:
N fi '/Affi" db "'IP,r1",;,.,' ,..:r: \,j ,;.....".':'\1\'
_ 0 af ect or ~ ect mItigate y (.1 "" \1""_, t .\' (\. t ,I.
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes l' No '
Based on the above findings, this conditional use shou~/with stipulations, (copy attached)
(should not) be recommended for approval. !
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 ~46 (IMMOKALEE, ROAD), COLLIER COUNTY,
FLORIDA.
'EXHIBIT UB"
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:
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 fITe 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: ~~;J -{;I 7
MEMBER: ~ :::.---)
~
~6 ~ / V r--c::, c: /'O/~
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 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 P- Affect mitigated by
_ 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: 8, 7!- 01
-
MEMBC 2?-::~
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes 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 ~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;/' No
Affects neighboring properties i;.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:
--J..--~
(/// -)
/'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:
YesL No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
,
No affect or ~ Affect mitigated by ;> !Ah 111 ~) i7 P lllli TI (,I~
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes L/
/.-J. i7-1 ::. /1 f ll' L /1 (7 (J 1./-:2
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE .f!~J{)J
I
MEMBER: /( (f- ??..It[.. 1:,,:0I! /f ('t;./J t<-~'L/
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), COLUER COUNTY,
FLORIDA.
'EXHIBIT "8"
PROJECT:
S.R. 846 LAND TRUST EARTH MINE
S.R. 846 LAND TRUST
CLIENT:
....... . "'Ur"~
WilsonMiller ~_.k.'_._1Q
'"
PlltIlIIfft . f111/n,,,. . Ec%g~', . SUlVlyors . landICIpI AtchltfClt . TWlspotfafllm COMun.nll
W1lsonMi/lff. Inc.
3200 B,1Ity /IIn" Sui" 20' . HIP"', Florid. 34/0$.1$117 . I'~o.. 239.f4.-404, . Fu 23J-2U-UH . Wtb-Sff. _,....,._IIftr,c,..
Attachment "C"
~ NO BLAST ZONE
D BLAST ZONE
S~
OATE:
10/2/2007
REV NO:
1.=1500'
SEe: NP "Of.
47/48 27
PROJE.CT NQ,
04208-000-000
DRWN 'YI€MP NO.
INOEx NO:
SHEfT NO:
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Collier County Conditions of Avvroval
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, again one year after the first
anniversary review, and every subsequent two years thereafter to determine
whether additional stipulations or mitigation are necessary to ensure 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 $40,000 fund to be paid biannually in $20,000 increments
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.]onesmmmg.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 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.
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 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 ofthis 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 0
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 eight (8) days per month with a three (3)
second maximum initiation duration with a low volume and close pattern to
minimize noise and vibration.
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
.. .
RESOLUITON 99-.,!!O
A RESOLUTION PROVIDING FOR mE
ESTABLISHMENT OF AN EARTIIMlNING_
EXCA V A nON OF FILL MATERIAL CONDmONAL
USE "I" IN THE "A" RURAL AGRICULTURAL
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.
OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTIONS 3S
AND 36, TOWNSHlP 47 SOUTH, RANGE 27 EAST
AND SECTIONS I AND 2, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLlER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, LawaofFlorida, 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 publici 8Dd
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 the duly appointed and
constituted planning board for the area hereby affected. has held a public hearin,8 after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "I" of Section
2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and amngement
have been made concerning all applicable matters required by said regulations and in accordau.c:e with
Subsection 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 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:
The petition filed by R. Bmce Anderson, Esquire ofYouns, Van Aueaderp, Vamadoe and
Anderson, P .A, representing the SR-846 Land Trost, with respect to the property hereinafter described
as:
~ "~" which is attached hereto and incorpo~ by.reference herein
.- ~;,r4:;:.
Attachment "E"
-1-
be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" Rural
Agricultural Zoning District for earthmining in accordanco with the Conceptual Master Plan (ExJu'bit
"C") and subject to the following conditions:
Exhibit "0" 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 majority vote.
Done this cst TIi. day of -N-,~rw..a..2... 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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,.' .. . DWI9:trr)~:'l!ROCK. Clerk
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Approved as. to FOIDl andSfgnaturt onl,.
Legal SufficIency:
"lyttt~.iL?n. 1Jt;,1'-d
MlUjo' M. Student
Assistant County Attorney
gfadminlpedllllll/CU.99-I6I RESOLUTIONU
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RESOLUTION NO. 06-157
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR EARTH MINING WITH
EXCA V A TION OF FILL MATERIAL TO A MAXIMUM
DEPTII OF 60 FEET, OR TO THE CONFINING SOIL LAYER,
WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN
AN AGRICULTURE (A) ZONING DISTRICT IN
COMPLIANCE WITH AIL BLASTING REQUIREMENTS
PURSUANT TO ARTICLE IV, SECTION 22 OF THE COlLIER
COUNTY CODE OF LAWS AND ORDINANCES AND
SECTION 10.02.03 OF THE COUJER 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 Aorida 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 10.08.00.0. 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
Attachment "F"
pursuant to Section 10.02.03 of the 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.
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 ~,U1i2.. day of g.<!;J , 2006.
ATTEST:
DWIGHT E. .BROCK, Clerk
BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA
~..~t>slk
AUnt at toCN 1 ""'~uty Clerk
,1Qno1tur. onl.
Approved as to form'and
legal sufficiency:
By:
~2~/
FRANK HALAS, Chairman
~~.~~-~ .
fc7-.. Jeffrey Klatzkow .,
L::5 ' Assistant County Attorney
Page 2 of2
.or- iiR~-
RESOLUTION 07--2.2L
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR A CONDITIONAL USE WmCH ALLOWS
FOR EARTH MINING WITH EXCA V A TION 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 AI'.'D 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.
APPROXIMA TEL Y 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 I AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD
846 (rMMOKALEE 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 ex.isting Conditional Use; and
Page 1 of 2
Exhibit G
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.0S.DO.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 incorpoT'dted
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 Horne 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
~ pt;;:;m~/), ,2007.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLL~R CO NTY, "".2".4',/
By: -~
J MES COLETr A, Chairman
Page 2 of 2