CCPC Agenda 10/07/2010 Rccpc
REGULAR
MEETING
AGENDA
OCTOBER 7, 2010
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 7,
2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL. SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR
GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON
AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE
WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE
RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED
TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WIIICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - September 2, 2010
6. BCC REPORT- RECAPS -September 28, 2010
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
9. ADVERTISED PUBLIC HEARINGS
A. CU- 2008 -AR- 14078: Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere,
AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passidomo, PA., is requesting a
Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural
Land Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section 2.03.01.A.I.c.1 and Section
4.08.06.B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing
and production of material for a project to be known as the Immokalee Sand Mine. The 898+ -acre subject
property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with
SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: Kay
Deselem, AICP]
1
10. OLD BUSINESS
11. NEW BUSINESS
A. Review & Approval of the Flood Damage Prevention Ordinance [Coordinator: Robert Wiley]
B. Watershed Plan Update Workshop [Coordinator: Mac Hatcher]
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
9/23/10 CCPC Agenda /Ray Bellows /jmp
AGENDA ITEM 9 -A
Coll %r County
SUPPLEMENTAL STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING DATE: SEPTEMBER 2, 2010
SUBJECT: CU- 2008 -AR- 14078; IMMOKALEE SAND MINE
PROPERTY OWNER/AGENT:
Owner: Cemex Construction Materials Florida LLC
100 Lem Carnes Road
Davenport, FL 33837
Agents: Robert J. Mulhere, AICP
RWA, Inc.
6610 Willow Park Drive, Suite 200
Naples, FL 34109
REQUESTED ACTION:
Will J. Dempsey, Esquire
Cheffy Passidomo P.A.
821 Fifth Avenue South, Suite 201
Naples, FL 34102
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
application for a Conditional Use to allow extraction or earthmining and related processing and
production not incidental to the agricultural development within the Rural Agricultural Zoning
District with a Mobile Home Overlay and a Rural Land Stewardship Areas Overlay (A -MHO-
RLSAO), pursuant to Section 2.03.0l.A.l.c.1 and Section 4.08.06.B.4.b, of the Land
Development Code on approximately 898± acres of land for a project to be known as the
Immokalee Sand Mine.
PROJECT STATUS:
The Collier County Planning Commission was scheduled to hear this petition on August 5, 2010;
however, the petitioner sought a continuance on August 4, 2010 via email as follows:
Immokalee Sand Mine, CU- 2008 -AR -14078 Page 1 of 6
October 7, 2010 CCPC
Revised: 9/7/10
The continuance is requested in order to allow us to address a discrepancy in the
requested mine depth. A reference to a mine depth of 80 feet was made at our
NIM, yet our exhibits and other documents indicate a requested depth of 90 or the
confining layer, whichever is less. We will confirm the actual depth that we are
requesting, and we understand that we will need to hold another NIM.
A formal continuance form was submitted on August 5, 2010. A copy of that document is
attached.
The petitioner decided to hold another Neighborhood Information Meeting (NIM) to address the
80 -foot vs. 90 -foot mine depth rather than acquiescing to limit the depth to 80 feet. The second
NIM was held on September 2, 2010. At that meeting, the agent stated for the record that the
proposed mine depth is 90 feet. Please see the summary shown below.
SECOND NEIGHBORHOOD INFORMATION MEETING (NIM):
The second NIM was duly noticed by the applicant and held on Thursday, September 2, 2010 at
5:30 PM, at the Immokalee Career Services Center. The following individuals attended:
Representing the Applicant (Cemex): Dan Beatty, (Cemex); Bob Mulhere, FAICP (Mulhere and
Associates, LLC); Will Dempsey (Cheffy, Passadomo, PA); Emilio Robau, PE (RWA, Inc.); and
ViJay Cornala, (David Plummer and Associates). County staff. Kay Deselem, AICP, and from
the Public: Chip Block, AICP (Lee County Planner)
Meeting Summary:
Bob Mulhere opened the meeting at 5:40 PM, and indicated that the reason for the second NIM
was to clarify a misstatement made at the original NIM related to the requested mine depth. A
statement was made at the original NIM that the mine depth was to be 80 feet or the confining
layer, whichever is less. The actual mine depth requested is 90 feet or the confining layer,
whichever is less. Mr. Mulhere also provided the new public hearing dates for this petition (for
CCPC and BCC), which are October 7, 2010 for CCPC, and November 23, 2010. No member of
the public spoke other than Mr. Block who identified himself on the record.
ATTACHED INFORMATION:
In addition, the petitioner's completed Request for Continuance form; and the petitioner's
completed affidavit information for the NIM held on September 2, 2010, are attached. The Staff
Report prepared for the August 2, 2010 Planning Commission meeting is not attached; however,
it is available upon request.
Immokalee Sand Mine, CU- 2008 -AR -14078 Page 2 of 6
October 7, 2010 CCPC
Revised: 9/7/10
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed this supplemental staff report for this petition on
September 13, 1010.
RECOMMENDATION:
Staff's position for this petition has not changed since the original staff report was submitted.
For ease of reference, that recommendation is included below.
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
2008-AR-14078 to the Board of Zoning Appeals (BZA) with a recommendation of approval,
subject to the following conditions:
I. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is
depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans
for Immokalee Sand Mine" dated May 2008, with revisions on May 14, 2009, prepared by
RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The
final design must be in compliance with all applicable federal, state and county laws and
regulations; and
2. Land Development Services Director may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by this conditional use as well
as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application in compliance with all applicable County ordinances in effect at the time of
submittal, including Chapter 10.02.03, of the Collier County Land Development Code,
Ordinance 04-41, as amended; and
4. Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry
drive, clearly visible to vehicles entering and leaving the site, providing information
regarding potential panther presence and notifying drivers of the need to use caution. Sign
wording, placement and size will be subject to review and approval by Collier County
Environmental staff. The owner shall submit, and receive approval of, the proposed signage
plan in conjunction with the Site Development Plan process; and
5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet
6 of 6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall
be constructed; and
Immokalee Sand Mine, CU-2008-AR-14078
October 7,2010 CCPC
Revised: 9/7/10
Page 3of6
6. Development of the site shall be subject to compliance with the project phasing plan,
"Immokalee Sand Mine Conceptual Phasing Plan," sheet I of I, prepared by RWA, Inc.,
dated April 2010; and
7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for
trucking, and 24 hours Monday through Sunday for excavation and processing; and
8. Transportation Conditions:
a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property
frontage on county or state roads. Also, applicant ( or owner) may be required to
reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of~
way to FDOT in connection with the widening of SR-82. The following
stipulations shall apply to address these related issues:
(I) The owner(s), his successors in title, or assign agree to reserve thirty-five feet
(35') of right-of-way along the Northerly side of SR-82 for approximately
1,190 feet along the property's frontage. The boundaries of this reservation
shall coincide with the preferred aligmnent shown in Florida Department of
Transportation's (FDOT) current Project Development and Environmental
(PD&E) Study. The owner(s), its successors or assigns, agree to cooperate
with FDOT during the design process for SR-82, endeavoring to eliminate
the need for the additional 35 feet by allowing conveyance of off-site storm-
water run-off, which may be accomplished via dedication of an easement
within this project, at no cost to the County or State, if needed. If the need
for additional right-ot~way cannot be reasonably eliminated (as determined
by FDOT), then the owner( s), its successors or assigns, agree to dedicate up
to 35 feet of right-of-way along the North side of SR-82 to the State of
Florida The applicant shall provide compensating right-of-way of twelve foot
(12') width and up to 235 feet in length, for a westbound right-turn lane at the
Project Entrance; and
(2) The applicant's responsibility for construction of sidewalks (or providing
payment in lieu) LDC Section 6.06.02 is limited to those portions of the
property that are directly adjacent the SR 82 right-of-way when the project
SDP/SIP is approved or when a certificate of occupancy for the first project
building permit is issued, whichever occurs first. In the event portions of the
property that are presently adjacent to SR 82 are hereafter reserved,
dedicated, or conveyed to Collier County or the State of Florida in connection
with the widening of SR-82 (including dedications, conveyances, or
reservations for water management) ~ as described in Paragraph 1.a., above,
such reserved, dedicated, or conveyed portions of the property shall not be
subject to the sidewalk construction obligation under LDC Section 6.06.02,
and shall not be considered part of the SR 82 road right-of-way for purposes
Immokalee Sand Mine, CU-2008-AR-14078
October 7,2010 CCPC
Revised: 9f7l1 0
Page 4 of 6
of calculating applicant's sidewalk obligations for the remaining portions of
the property (i.e., the dedicated, conveyed, and reserved portions of the
property shall not be deemed as "adjacent" right-of-way with respect to the
balance of the property for purposes of ca1cuIating applicant's sidewalk
obligations). Given that the actual right-of-way reservation and/or dedication
needs for the widening of SR-82 are not known at this point, calculation of
the payment in lieu option for sidewalks shall be deferred until SIP approval
or prior to issuance of a certificate of occupancy for the first building permit,
whichever comes first. The applicant shall also have the option of
constructing a sidewalk or sidewalks at another location in Collier County as
may be agreed to by Collier County Transportation staff, provided the cost of
construction of said sidewalk or sidewalks is at least equal to the amount of
the payment in lieu option for the Immokalee Sand Mine Conditional Use (as
adjusted to account for any dedications, conveyances, or reservations of the
property in connection with the SR-82 expansion); and
b. During the life of the mine, the applicant shall reimburse the County annually the
expense actually incurred by the County for maintaining roadway pavement for
those segments of State Roads 82 and 29 within a two-mile radius of the project
entrance. The purpose of this stipulation is to ensure that the Connty does not incur
out-of-pocket pavement maintenance expenses associated with the use of said
segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in
lieu of the foregoing, should the County adopt a maintenance fee that is uniformly
applied to previously approved and pending mining projects to compensate for
impacts to roadway pavement caused by mine truck traffic, applicant agrees that this
project will be subject to such fee. In the event of a dispute regarding the amount of
maintenance reimbursement expense claimed by or paid to the County, the parties
shall fIrst use the County's then-current Alternative Dispute Resolution Procedure
before filing any action in any court.
Immokalee Sand Mine, CU-2008-AR-14078
October 7,2010 CCPC
Revised: 9/7/10
Page 5 of6
PREPARED BY:
-
SELEM, AlCP, PRINCIPAL PLANNER
TMENT OF LAND DEVELOPMENT SERVICES
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Lfi'A TE
REVIEWED BY:
~"'I J ([. &Il
RA YMON V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
7'6'/0
DATE
(;>~-o'3-2eiO
DATE
I LIAM D. LO NZ, J ., P.E., DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
APPROVED BY:
q _/'-1_ LcJ/e
DATE
Tentatively scheduled for the November 9, 2010 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Attachments: A copy of the petitioner's completed Request for Continuance Form, dated 8/5/10
NIM notices and affidavit
Immokalee Sand Mine, CU-2008-AR-14078
October 7,2010 CCPC
Revised: 917110
Page 6 of6
.
Co~ 9'unty
-.,. ..,. -
COllIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.collieraov.net
REQUE-5T fOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
[8J CONTINUANCE
o WITHDRAWAL
If a continuance is requested, please indicate lenath of~: to: _ OR r8J Indefinite
From:
r8J Planning Commission
o Board of County Commissioners
I. Date of Scheduled Hearing: 08/05/10
2. Applicant/Project Name: Immokalee Sand Mine
3. Application/Case number: CU-2007-AR-14078
4. Type of Application (examples: Rezoning, Conditional Use or Variance) Conditional Use
5. Reason for Request: The continuance is reauested in order to allow us to address 0 dlscreooncy in the
reauested mine deoth.
ANY ADDITIONAL LEGAL ADVERTISING FEES AND PROPERTY OWNER NOTIFICATION FEES MUST BE
PAID PRIOR TO PUBLIC HEARING.
UNDER PENALTIES OF
THAT I HAVE R
Y, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE
OING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE.
()
~ ('
pplicant Or Authorized Agent
08/05/10
Date
Printed Name: Patrick Vanasse
E-mail address:pvanaue@consult-rwa.com
Address: 6610 Willow Park Drive
Phone number: 597..0575 Fax number: 597..0578
S:12008\080095.00.00 Immokalee Sand MinelO007 Cond~ional Use App Support. Planning\2010.08.Q5 REQUEST _FOR_CONTINUANCE
FORM.doc
AFFIDAVIT OF COMPLIANCE
I hereby certifY that pursuant to Ordinance 2004-72, of the Collier County Land
Development Code, I did give notice by mail to the following property owners and or
condominium and civic associations whose members may be impacted by the proposed land use
changes of an application request for a rezoning, PUD amendmentl or conditional use, at least 10
days prior to the scheduled Neighborhood Information Meeting. For the purposes of this
requirement, the names and addresses of property owners shall be deemed those appearing on
the latest tax rolls of Collier County and any other persons or entities who have made aformal
request of the county to be notified. The said notice contained the laymen's description of the
site property of proposed change and the date, time and place of a Neighborhood Information
Meeting.
this
Per attached letters and or property owner's list, which are hereby made a part of
Affidavit of Compliance
~~~_.
"7
State of Florida
County of Collier
The foregoing Affidavit of Compliance was acknowledged before me this 19th day of
August, 2010 by Patrick Vanasse, who is nersonallv known to me or who has prodnced
as identification.
iQ)ii< "~ ANNAAOSA
If-;, !<I{ MY COMMISSION t DO 599004
~'< .' EXPIRES:OcImIer13,2010
.~ 8orIf"'ThruNolIly~1IIlif11wdlll'l
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(Signature of Notary Public)
AlUla Rosa
(Print name of Notary Public)
NOTARY PUBLIC
RJ~l~iINC
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'Planning . Visualization
-Civil Engineering -Surveying & Mapping
August 18, 2010
Ref: Second Neighborhood Information Meeting
Dear Property Owner:
Please be advised that the petitioner has made a formal application to Collier County for a Conditional Use
(CU) as follows:
Property Description: The subject 898x-acre property is located in the north side of SR82, approximately 1.2
miles west of the intersection with SR 29, in Section 6 and 7, Township 46 South, Range 29 East, Collier
County, Florida.
Petition Description: CU-2008-AR-14078 Cemex Construction Materials Florida, LLC, represented by Robert
J. Mulhere, AICP of RWA, Inc. and Will Dempsey, George Vamadoe ofChefry Passidomo, PA., is requesting
a Conditional Use to allow extraction or earth mining and related processing and production not incidental to
the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section
2.03.01.A.J.c.1 of the Collier County Land Development Code (LDC) for a project to be known as the
Immokalee Sand Mine.
In order to provide you an opportunity to become fully aware of our intention regarding the property, identified
above, and to give you an opportunity to provide input, we are holding a second Neighborhood Information
Meeting (NIM) on Thursday, September 2'd beginning at 5:30 pm at the Career and Service Center, located
at 750 South 5th Street, Immokalee, Florida 34142.
The purpose of this meeting is to clarify a statement made at our previous meeting, regarding the
requested mine depth. At that meeting, it was stated that the requested miue depth was "about 80 feet".
The actual requested mine depth is 90 feet or the confining layer, whichever is less.
While the primary purpose of this second NIM is to clarify the requested mine depth, we will be prepared to
respond to any other questions you may have at that time as well.
Sincerely,
/lr
---
Robert 1. Mulhere
cc: Kay Deselem, Principal Planner, Collier County
Daniel Betty, Regional Environmental Manager, Cemex Construction Materials Florida, LLC
Tom Jones, Director of Govemment Affairs, Barron Collier Companies
George Varnadoe, PA, Cheffy, Passidomo, Wilson & Johnson, LLP
Will Dempsey, PA, Chefry, Passidomo, Wilson & Johnson, LLP
6610 Willow P.rk Drive, Suite 200, Naples, Florid. 34109' (2391 597-0575. I.x: (239) 597.0578
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Frangipani Agricultural Community Civic
Association
.Mr. Greg Bower, President
Frangipani Avenue
Naples, Florida 34117
Mr. Douglas L Rankin
Mooring5 Professional Building
2335 Tamiami Trail North, Suire 308
Naples, Florida 34103
Golden Gate Estates Civic Association
Ms. Peggy Whitbeck
PO Box 990596
Naples, Florida 34116
Immokalee Civic Association
Mr. Leo Rodgers
502 E. New Market Road
lmmokalee, Florida 34142
hnmokalee Rotary Club
Mr. Richard Rice
PO Box 5274
Immokalee, Florida 34143
unmokalee Water and Sewer District
Ms. Eva J. Deyo
1020 Sanitation Road
lmmokalee, Florida 34142
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! LEE COUNTY
Direct Dial Number: 239-533-8371
SOLTHWEST F, U,<.IU
::~CP,F:,i) t.:GU~\!-\" C()tli1MiSSH)Ni;::f:~":
John E. Manning
D'stri:;!OIit:
Brian Bigelow
r:;isl.ricr T'.',e,
Ray Judah
{~'is!r!';: PI:ee
Tammy Hall
0Is!r,,~t ,cOu'
Frank Mann
::.'}Si,'IC!F:'iC
Karen 8. Hawes
'_>:.imty" 1.1;;nlgAf
David M, Owen
COU.';t,,f,[lCin;f:
Diana M. Parker
COUll!" i-'0anng
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July 30,2010
Kay Deselem, AICP, Principal Planner
Zoning Services--Land Development Services Department
Growth Management Division--Planning & Regulation
2800 North Horseshoe Drive
Naples, Florida 34104
RE:
Petition No. (AR) CU-2008-AR-14078, Immokalee Sand Mine
Dear Ms. Deselem and Members of the Collier County Planning Commission:
This letter has been sent to Kay Deselem so that it may be made part of the record for this case and
shared with the members of the Planning Commission.
Lee County is concerned with the above noted petition for Conditional Use for a mine, as well as a
second application for a mining operation, Lost Grove Mine (CU-PL-2009-1412).
Immokalee Sand Mine is located approximately 1.8 miles east of the Lee County line on State Route
82. The applicant has indicated that 65 percent of the mine's truck traffic will be traveling west
(northwest) into Lee County (60 percent on State Route 82 and 5 percent on Corkscrew Road). The
operation projects a total of 796 truck trips per day traveling west from the mine into Lee County.
Currently State Route 82, in Lee County, has a segment that is failing and the added truck traffic from
this mine will have a direct impact on the segment. Sixty (60) percent of the trips generated will travel
west on SR82 outside of Collier County. The influence of this project on roadways outside of Collier
County suggests the need to either impose conditions toward road improvements necessary to
accommodate mine traffic, or adjust the intensity of the operation to reduce impacts to roads in Lee
County. We understand that Collier County has adopted road impact fees for development and
recently amended these to include Mine/Commercial Excavation. However, in the adoption of these
fees, the two mines identified above were exempted from the payment of the impact fees.
Lee County and Collier County have an interlocal agreement addressing potential development
impacts across County lines. Although the subject property is over one mile from the Lee County
border, Lee County would request that Collier County consider some offset to the projected impacts
created by this mine that will detrimentally affect Lee County.
Attached to this letter is a document from Collier County staff shared with Lee County that provided
Collier's recommended conditions of approval. Lee County would respectfully request that the
Planning Commission consider adding some additional conditions. For your convenience, Lee
County has highlighted and underlined these. These have been offered to help provide better
protection of safety and welfare: reduction of potential impacts on the surrounding property owners
and existing and future land uses (since this is a proposed 35 year mining operation): and ensuring
that the mining operation adheres to the commitments made during the Neighborhood Informational
Meeting held on May 6,2010"
Thank you very much for your consideration.
Sincerely,
DEPARTMENT OF COMMUNITY DEVELOPMENT
Zoning Division
,
1/ I'\.. 'v
Alvin Block, AICP
Principal Planner
po Box ::::<8 Fo:i Myers Florieja 3390;'-0398 ,)39, 533-21 ~ 1
cc: Zoning File lee-county. com
AN EQUAL OeeORTUNJTY JlFFIRMATIVEJ,CTlON EMPLOYER
S:\WRITERS\BLOCKAHlfmmokafee Sand MmelLetter Transmittmg C;oncerns & Conditions. wpd
CONDITIONS OF APPROVAL
Immokalee Sand Mine
CU-2008-AR-14078
1. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is
depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans
for Immokalee Sand Mine" dated May 2008, with revisions on May 14,2009, prepared by
RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The
final design must be in compliance with all applicable federal, state and county laws and
regulations; and
2. Land Development Services Director may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by this conditional use as well
as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use application
in compliance with all applicable County ordinances in effect at the time of submittal,
including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance
04-41, as amended; and
4. Prior to any vehicular use of the site, the owner shall post and maintain for the life of the
mining operation two (2) signs along the entry drive, clearly visible to vehicles entering and
leaving the site, providing information regarding potential panther presence and notifYing
drivers of the need to use caution. Sign wording, placement and size will be subject to
review and approval by Collier County Environmental staff. The owner shall submit, and
receive approval of, the proposed signage plan in conjunction with the Site Development
Plan process; and
5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6
01'6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be
constructed; and
6. Development of the site shall be subject to compliance with the project phasing plan,
"Immokalee Sand Mine Conceptual Phasing Plan," sheet I of I, prepared by R W A, Inc.,
dated April 2010; and
7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for
trucking, and 24 hours Monday through Sunday for excavation and processing; and
8. Transportation Conditions:
a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property
frontage on county or state roads. Also, applicant (or owner) may be required to
reserve, dedicate, or convey portions of the property adjoining the SR -82
right-of-way to FDOT in connection with the widening of SR-82. The following
stipulations shall apply to address these related issues:
(l) The owner(s), his successors in title, or assign agree to reserve thirty-five feet
(35') of right-of-way along the Northerly side of SR-82 for approximately
1,190 feet along the property's frontage. The boundaries ofthis reservation
shall coincide with the preferred alignment shown in Florida Department of
Transportation's (FDOT) current Project Development and Environmental
(PD&E) Study. The owner( s), its successors or assigns, agree to cooperate
with FDOT during the design process for SR-82, endeavoring to eliminate the
need for the additional 35 feet by allowing conveyance of off-site
storm-water run-off, which may be accomplished via dedication of an
easement within this project, at no cost to the County or State, if needed. If
the need for additional right-of-way cannot be reasonably eliminated (as
determined by FDOT), then the owner( s), its successors or assigns, agree to
dedicate up to 35 feet of right-of-way along the North side of SR-82 to the
State of Florida The applicant shall provide compensating right-of-way of
twelve foot (12') width and up to 235 feet in length, for a westbound
right-turn lane at the Project Entrance; and
(2) The applicant's responsibility for construction of sidewalks (or providing
payment in lieu) LDC Section 6.06.02 is limited to those portions of the
property that are directly adjacent the SR 82 right-of-way when the project
SDP/SIP is approved or when a certificate of occupancy for the first project
building permit is issued, whichever occurs first. In the event portions of the
property that are presently adjacent to SR 82 are hereafter reserved,
dedicated, or conveyed to Collier County or the State of Florida in connection
with the widening ofSR-82 (including dedications, conveyances, or
reservations for water management) - as described in Paragraph I.a., above,
such reserved, dedicated, or conveyed portions of the property shall not be
subject to the sidewalk construction obligation under LDC Section 6.06.02,
and shall not be considered part ofthe SR 82 road right-of-way for purposes
of calculating applicant's sidewalk obligations for the remaining portions of
the property (i.e., the dedicated, conveyed, and reserved portions of the
property shall not be deemed as "adjacent" right-of-way with respect to the
balance of the property for purposes of calculating applicant's sidewalk
obligations). Given that the actual right-of-way reservation and/or dedication
needs for the widening of SR-82 are not known at this point, calculation of
the payment in lieu option for sidewalks shall be deferred until SIP approval
or prior to issuance of a certificate of occupancy for the first building permit,
whichever comes first. The applicant shall also have the option of
constructing a sidewalk or sidewalks at another location in Collier County as
may be agreed to by Collier County Transportation staff, provided the cost of
construction of said sidewalk or sidewalks is at least equal to the amount of
the payment in lieu option for the Immokalce Sand Mine Conditional Use (as
adjusted to account for any dedications, conveyances, or reservations of the
property in connection with the SR-82 expansion); and
b. During the life of the mine, the applicant shall reimburse the County annually the
expense actually incurred by the County for maintaining roadway pavement for those
segments of State Roads 82 and 29 within a two-mile radius ofthe project entrance.
The purpose of this stipulation is to ensure that the County does not incur
out-of-pocket pavement maintenance expenses associated with the use of said
segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in
lieu of the foregoing, should the County adopt a maintenance fee that is uniformly
applied to previously approved and pending mining projects to compensate for
impacts to roadway pavement caused by mine truck traffic, applicant agrees that this
project will be subject to such fee. In the event of a dispute regarding the amount of
maintenance reimbursement expense claimed by or paid to the County, the parties
shall first use the County's then-current Alternative Dispute Resolution Procedure
before filing any action in any court.
'L Impacts to the road surfaces from the heavv truck traffic will increase the maintenance
burden on roads located predominately in Lee Countv. The developer/operator of the
Immokalee Sand mine must contribute toward the maintenance of Lee Countv roadways
impacted bv heavy truck traffic generated by the mine.
l!1 Trucks are not permitted to park or stage along State Route 82 prior to 6:30 am. If the
operation desires to allow trucks to enter the propertv prior t06:30 am. this may be permitted.
lL The maximum permitted length of this mining operation is 35 years. ReQuests to extend the
approved length of this operation will require a new public hearing in accordance with the
Collier Countv Land Development Code.
g Dewatering is onlv permitted during the removal of the overburden. Dewatering is
prohibited during the mining of the coarse sand material.
II Anv damage directly attributable to this mining operation to the improved or unimproved
roadwavs must be repaired bv the operator of the mining use.
l.Ol A vehicular wash down facility must be installed and operated for all exiting traffic.
Compliance will be a performance measure based on no visible trackin~ onto the public
roadway.
Q The owner/operator must provide documentation that there are adequate provisions within
the mining operation for fire fighting. This must be confirmed in writing bv the Fire
department lor district serving this site. This may mean that the minin~ operation may have
to have the appropriate eQuipment to be kept on-site for the purposes of fighting fires.
lQ, The Mine Operator and the propertv owner must prepare and keep an on- site Pollution
Prevention Plan. The plan must address anv potential source of contamination and provide
Best Management Practices <BMPs) to avoid on-site and off-site surface water and
groundwater contamination. The plan must include an inspection program to ensure the
proper operation of the implemented BMPs and contaminant spill containment and disposal
procedures. The Pollution Prevention Plan must be submitted for review and approval bv
Collier County Land Development Services Director prior to beginning the mining operation.
11. The maximum permitted depth ofthis mining operation is 80 feet.
~ The maximum permitted excavation area is 588.98 acres.
S:\WRITERS\BLOCKAH\lmmokalee Sand Mine\lmmokalee Sand Mine Conditions of Approval.wpd