CCPC Backup 01/05/2012 RCCPC
REGULAR
MEETING
BACKUP
DOCUMENTS
JANUARY 5, 2012
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JANUARY 5,
2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 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, WHICH 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 December 1, 2011
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. PUDZ - PL2011 -2115: Community School CFPUD An ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations for the unincorporated area of
Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Community Facility (CF) zoning district to a
Community Facility Planned Unit Development (CFPUD) zoning district for the project known as Community
School of Naples CFPUD, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25
East, Collier County, Florida consisting of 73 +/- acres subject to conditions; by providing for the repeal of
Ordinance Numbers 2000 -06 and 2004 -33, as amended; and by providing an effective date. [Coordinator: Fred
Reischl, AICP, Senior Planner]
9. ADVERTISED PUBLIC HEARINGS
A. Note: This item has been continued from the November 3, 2011 CCPC meeting, then again from the
November 17, 2011 CCPC meeting:
CU- PL2009 -1412: Alico Land Development, Inc. — A Resolution of the Board of Zoning Appeals of
Collier County, Florida providing for the establishment of a Conditional Use to allow extraction or
earthmining and related processing and production within a Rural Agricultural Zoning District with Mobile
Home Overlay and Rural Land Stewardship Area (RLSA) Overlay pursuant to Subsection 2.03.0l.A.I.c.1
of the Collier County Land Development Code for a project to be known as Lost Grove Mine located in
Sections 5, 6, 7, 8 and 18, Township 46 South, Range 28 East, Collier County, Florida. [Coordinator: Kay
Deselem, AICP, Principal Planner]
B. ST- PL2011 -677: Collier County Governments' Parks and Recreation and Conservation Collier
Departments - A Resolution approving Petition ST- PL2011 -677 requesting a Special Treatment
development pen-nit to construct a restroom, maintenance storage building, pavilion, parking, stormwater
treatment areas, landscaping, lighting, access drive, trails, boardwalks, shade structures, fishing platform,
water quality treatment facility, utility piping, and pedestrian bridge within the Special Treatment Overlay
(ST) located with the project known as the Gordon River Greenway Park in Sections 27 and 34,
Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Summer Araque, Sr.
Environmental Specialist]
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda/Ray Bellows /jmp
0
Collier County Conditions of Approval
Lost Grove Mine
This approval is conditioned upon the following stipulations beGause of the Giese proximity to
Golden Gate Estates in GeMer Gounty.
1. Following the same hearinq requirements as utilized for the approval, t -The BZA may revoke
the approval of this Conditional Use if the Collier County Code Enforcement finds that the
mine operator has violated or has appr-eved use or the manner in whiGh the approved use is
GGRdUGted, managed or operated impairs the GhaFaGteF and integrity of the zoning d;StFi
and- surro-i-inding area, or the appliGant dees not fully complyied with OF Gemplete all
conditions of approval including completion of or-improvements indicated on the Conditional
Use Master Plan development plan and mo-difir--ation of the GOnditions or plan aF found no
to be in the publiG iRteFest OF are detFiFnental to the publiG health, safety, or general welfare
and the mine operator has failed to remedy the violation or come into compliance within the
time period established by the Code Enforcement Board.
2. PLEASE REFER TO CONDITION #6 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ".jones Mine shall assist in the formation of
GOMprised of surm—und-ing neighbors- that- will i ark togethinr tn hire A qualified
unbiased tewaFd all parties and hired prior to the BZA six MORth r-eyieW of the GG-Rditional
3. The conditional use approval shall be reviewed by staff and brought back to the BZA after
sites three (3) years from the date of commencement of the excavationth'S GOnditio
the first anniyers .W every subsequent two five (5) 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. NOT APPLICABLE: BLASTING IS NOT A CONDITIONAL USE. Th'S Use
blaStoRg shall be reviewed by Staff and bmught baGk to the GGP(; and- RZA. after one yea
, - - .a 11a - - -
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. PLEASE REFER TO CONDITION #11 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ". $500,000 beRd shall be set aside feF settleme
8. PLEASE REFER TO CONDITION #7 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ".
9. PLEASE REFER TO CONDITION #9 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ". To reduGe the irnpaGts to the Reighborheed,
aGGOURt fer Ghanges iR weather- GGRditieRs, aiF blasts shall RGt exreed - - - . knit 0
10. PLEASE REFER TO CONDITION #10 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ". GFeuRd vibration shall be allowed up to and n
i :���
12. PLEASE REFER TO CONDITIONS #2 AND #3 ON THE ATTACHED EXHIBIT "A"
"BLASTING LIMITATIONS AND RESTRICTIONS ".
shall be limited te eight (8) days peF month and the iFnbeF of heles pe
13. (POTENTIAL DELETION) A one dollar ($1.00) per heavy loaded truck exiting deRes Pit hall
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
been terminated.
14. (NOT APPLICABLE: ARCHAEOLOGICAL STUDY AND FINDING OF NO PROBABILITY
FROM STATE OF FLORIDA).TF1° appliGant shall hire a ^ens �ltant to establish an
Mr,..., ... shall .... �.._... __.__.._.. _..
aFr.haeologiGal FRGROWFiRg plan and make sure the eR;pleyee_s of jeRes MiRe aFe aware e
15. (POTENTIAL DELETION.) Beginning on the third #first anniversary date of KA appFeval
commencement of the excavation and continuing each five 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 adversely affected with the proposed
excavation area expansion as defined by the State of Florida Department of environmental
Protection (FDEP) Environmental Resources Permit (ERP) approval.
• - -
shall net he permitted as part of the buffers. The developer /owner shall provide the
following setbacks and buffers:
Western Boundary:
A 300 foot setback from the western property boundary with a Type "A" buffer (which is a 10
foot wide landscape buffer with canopy trees spaced no more than 30 feet on center.) The
buffer would be enhanced to a minimum of 70 feet wide and include a 8 foot high berm and
a single row hedge. (See attached Exhibit "2 -B" West Property Boundary) sketch and cross-
3
sections).
Corkscrew Road Boundary:
A 300 foot setback from Corkscrew Road with a Type "D" buffer (which is a 15 foot wide
landscape buffer with canopy trees spaced no more than 30 feet on center and a double row
of hedge). The buffer would be enhanced to be a minimum of 70 feet wide and include an 8
foot high berm. (See attached "Exhibit "2 -A" Corkscrew sketch and cross - section
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
attenuation properties /enclosures and /or berm shall be installed within six (6) months ef
prior to commencement of the excavation.
19. PLEASE REFER TO CONDITION #4 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ". Blasting is allowed GRI , WithiR the "Permitted l she
„RdaF " asshnum eR the GGnditinnal I I MasteF Site Plan — Phased 1I.
20. NOT APPLICABLE: No Mining Facilities exist at this time. Adequate Utility, ar.GesS Feads,
•
21. The mining operations and blasting shall be conducted in compliance with the laws of the
State of Florida, Collier County Government and the Federal Government especially as
22. The hours of pit operation shall be limited to 67-: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 and a
violation of the Countv's noise ordinance has been determined. additional conditions can be
imposed by County staff to remedy the specific violation, subject to applicant's right to
appeal a new condition to BZA. then the hours 9f operation shall be lirnitp-d- tn-:74() A.M. to
6,00 P.M. Monday thFeugh Friday. The heur-a of blasting 6hall be Fegulated by stipulation
eembeF 23.
I
23. PLEASE REFER TO CONDITIONS #1 #2 AND #3 ON THE ATTACHED EXHIBIT "A"
"BLASTING LIMITATIONS AND RESTRICTIONS ". The heuFs of blasting shall he limiter) +n
9.00 A.M. to 4.-OG P.M. Menday thFough FFiday. Blasting aGtivifles shall R9t eXGeed eight (8)
24. The maximum allowable depth of the excavation shall be 145 feet or to one foot above the
confining layer, whichever is shallower.
25. Excavation shall
of the prener+„ commence in the northeast portion of Lake #1 as shown on the Conditional
Use Master Plan and move in successive cuts from north to south.
26. A seut# westbound lane shall be installed to include a passing lane and the length shall be
determined based on FDOT standards and limitation of applicant owned right -of -way. on an
Fate to 45 miles peF hour (Fnph) 9F posted speed- limit of a In—ad-ed d----FAP tFUGk
exiting #em the pmpeFty on to irnmekalee Read. The seuthbeui;d lai;e shall be built te the
Aall costs of the construction of the
south westbound lane as well as the land for right -of -way shall be the applicant's
responsibility.
27. The conditional use shall be limited to 888an average maximum of 700 loaded trips per
dayuntil the seuthbound passing lane is GGAStFUGted. QnG9 the southbound lane has
11:TSL1IFMN 7TM
28. Upon completion of excavation activities, all buildings, and equipment, h..ffer° and berms
shall be removed within six (6) months, unless such buildings and equipment will be used in
the reclamation process.
29. PLEASE REFER TO CONDITION #8 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ".
nln resides l stn into .re hefi�/een 16C� tree.} N.E. d u' C Al C • at }
vro�evt- rc.�rvc- rrtiar-en-av /� A`'' cd�crccrraliaz� �ztfeet- rr.�u�tiG�- eel$cefl�
"d Avenue N+t. - and 58th A„en, ie N.E.
5
30. PLEASE REFER TO CONDITION #5 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS'. A nre_hlasting suFvey shall be taken fnr all affen +erl
survey w
i`n„n+v Cnnineerinn Senllres Department Diren+nr
31. (NOT APPLICABLE: INDIGO SNAKES MANAGEMENT PLAN WAS INCLUDED IN THE
COUNTY ENVIRONMENTAL IMPACT STATEMENT). An--mrmarn-ed indigo snake plaR
name and GGRtaGt;RfGFmat;GR of a qualified biale-giSt WhG Will MORROF W9Fk shall be supplied
32. The developer /owner must provide to Collier County an applicable evaluation from the US
Fish and Wildlife Service on the impact of the proiect on the Florida panther and wood
storks. Any resulting species - related requirements that are project commitments resulting
from direct consultation with US Fish and Wildlife Service must also be submitted and
incorporated as conditions of the site plan approval. Evidence of U.S. Fish and Wildlife
Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted
compensation or mitigation for impacts to panthers, woodstorks, Florida black bear and
other listed species will be required prior to commencement of the excavation — per -mit
appreval.
33. Applicant will comply with all conditons imposed by the Florida Wildlife Commission (FWC)
Technical Assistance requirements and the Collier County Land Development Code. Are
updated listed speoies suFyey less than 6 MORths old is Fequired fGF areas of expanded
SeniiGes Department staff
34. Vegetated buffers shall he maintained around all wetlands shall be designed to be
consistent with the Rural Lands Stewardship Area. if any of these buffeF aFeas do n
jUiFed vegetated width, a r-eplaRtiRg plan will be Fequir-ed as paFt a
35. Any other additional or updated environmental permits or information as required in the LDC
will be required prior to commencement of the excavation - permit app
36. Provide a 5.3 rife - littoral area, suitable for wading bird habitat within the three 3 created
lakes) per the requirements of the Environmental Resource Permit (" ERP ") issued by the
State of Florida Department of Environmental Protection ( "FDEP ") and Sconstruction of the
littoral area will commence upon completion of each lake^ I, +er than 2 yeas from the
37. (NOT APPLICABLE: There is no original conditional use approval on the property.)AII
38. The water table in adjacent on -site wetlands shall be monitored as required by the ERP
issued by FDEP. Levels shall -be esord-ed and- reperted to the GomFAWRity DeVelgpMeRt
39. (NOT APPLICABLE: No burrowing owls have been observed on the property.)Additional
40. (NOT APPLICABLE: No expedited permitting.)Expedited p mittinq shall be p ursued to
41. (NOT APPLICABLE: Time period of blasting dependant on market conditions.)
7
42. PLEASE REFER TO CONDITION #4 ON THE ATTACHED EXHIBIT "A" "BLASTING
LIMITATIONS AND RESTRICTIONS ". BlaStiRg shall he limited to the blast zeRe edepi Gted on
43. Not more than 693 acres of the 1,383 acres of land may be excavated.
44.A wheel wash facility must be installed and operated for all existing truck traffic hauling
material from the site.
45. Dewatering is limited solely to the removal of the overburden and various utility installations.
46. Lighting shall be provided in compliance with the Collier County regulations in effect at the
time, except that light fixtures shall not exceed 20 feet in height.
47. Reclamation must commence at the time of closure of each mining lake.
48. All access to the mining operations (aggregate rock plant, mine equipment maintenance
area, administration area, scales and wheel wash area) must be paved from the public road up
to the perimeter of the mining operations area.
49. The use of a wheel wash system is mandatory for this project. The wheel wash must:
a. Be installed with a minimum setback of 150 feet from the perimeter boundary;
b. Be located on a paved access connection; and
c. Provide water quality treatment and recycling for the wheel wash water-.And
50. Truck staging within limits of public right -of -way is prohibited. The mine is required to
provide adequate space on -site or on privately owned adjacent lands owned by the mine
operator or for which operator has access rights to accommodate staging of mine trucks arriving
at the site prior to the opening of the mine for active hauling operation.
51.In lieu of, and in full satisfaction of, all proportionate share payment and mitigation
requirements for all off -site roadway improvements, the Owner, his assigns or successor in title,
agrees to provide 67.0 AC -FT of surface water management for the portion of SR -82 adjacent
the limits of the 'Alico property' boundary line within Collier County. Surface water management
will either be provided within the limits of the 'Alico property' boundary line, or sufficient acreage
will be deeded to Collier County in support of water management along SR -82 right -of -way
within 180 days of the County (or FDOT's) request and at no cost to the Public. The election of
either of the two options outlined above is at the sole discretion of the responsible proiect owner
during the time of final design by FDOT. By agreeing to accommodate storm water
management for SR -82 (only where it abuts the Alico property boundary), the Owner shall not
be responsible for proportionate share for any off -site roadway improvements. This
Transportation condition shall not require site - related inspections by the County inspection staff.
52. Compensating right -of -way for the proposed turn lanes (equal to a 12 -foot wide acceleration
and deceleration lane, as applicable) will be provided by the Owner, his assigns or successor in
title (at no cost to the Public) for both Corkscrew Road and SR -82 at the time of SDP permitting.
Dedicated easements will be provided, or fee simple title may be conveyed and may be
conveyed at a later date, at the discretion of Owner, his assigns or successor in title and within
180 days of the County (or FDOT's) request.
53. The mining operation shall be limited to that which is depicted on the Conditional Use
Conceptual Site Plan and the Conditional Use Conceptual Cross - Sections, for the proiect
entitled, Lost Gove Mine," prepared for Alico Land Development Inc., by WilsonMiller, last
revised October 26, 2011.
54. 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.
55. The Department of Zoning and Land Development Review Director or its successor or
designee may approve minor changes in the location, siting, or height of buildings, structures,
and improvements authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
56. Expansion of uses identified and approved within this Conditional Use approval, or maior
changes to the approved plan, shall require the submittal of a new conditional use application,
and said new conditional use approval shall comply with all applicable County regulations in
effect at the time of submittal.
6072227 A
CU- PL2009 -1412
Lost Grove Mine
Blasting Limitations and Restrictions
1. The hours of blasting shall be limited to 9:00 A.M to 4:00 P.M. Monday through
Friday.
2. The maximum number of blasting activities shall be limited to eight (8) days per
month.
3. The maximum number of holes per month shall not exceed 1,680. Agree to as
stated.
4. Blasting is allowed only within the Lake Boundary (Mining) and Operations
Center, as shown on the Conditional Use Conceptual Site Plan. Blasting within
the operation center area shall be limited to facilitate the construction of
essential supporting utilities.
5. A pre -blast inspection shall be offered for all property owners with within 1,500'
of the Conditional Use property boundary that grant permission to access their
property. The inspections shall be completed for the interior and exterior of the
structure noting and providing photographs of the individual defects and
inspection of permitted wells on the property. Cost associated with the pre -blast
inspections will be incurred by the mine owner /operator. 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.
6. Mine owner /operator shall assist in the formation of a committee comprised of
surrounding neighbors that will work together to hire a qualified engineer to
perform post blast damage evaluation surveys. The engineer should be unbiased
toward all parties and hired before blasting operations commence. The
committee will be comprised of no more than 6 surrounding residents and the
mine owner /operator. Cost associated with the post blast damage evaluation
surveys will be incurred by the mine owner /operator.
7. A local damage contact (representative of the mine owner /operator) will be
established before mining operations commence. Notification of the contact will
be provided to Collier County Development Services and all property owners
within 1,500' of the Conditional Use property boundary.
8. State Blasting Regulations and Fire Marshall regulates the minimum number of
seismograph and monitoring locations, however at a minimum, Lost Grove Mine
shall install a seismograph machine at the closest residential structures in two
locations along the western and one location along the southern property
boarder, prior to commencement of any blasting operations.
9. Air Blast from blasting is measured in accordance to Chapter 69A -2.024 Florida
Administrative Code, however, air blasts related to Lost Grove Mine shall not
exceed a maximum limit of 128 dBL, as measured at the monitoring locations at
the closest structures as described above.
10. Ground Vibration from blasting is measured in accordance to Chapter 552.30
F.S., however, Ground Vibration related to Lost Grove Mine shall not exceed a
calendar monthly average of 0.50 inch per second, as measured at the
monitoring locations at the closest structures as described above.
11. The mine owner /operator shall be responsible for damage to structures and
wells resulting from blasting. Blasting complaints /claims shall be processed per
the requirements of Chapter 552.32 Florida Statue. In addition, a $150,000
perpetual bond (bond level will always be maintained at this dollar level,
regardless of number of claims) for the duration of the mine's operations shall
be set aside for settlement of any claims for structural damages directly resulting
from blasting. The bond will be dissolved when the property is rezoned or the
conditional use has terminated.
12. The BZA may revoke the approval of this Conditional Use Permit (CU- PL2009-
1412), if the Collier County Code Enforcement Boards finds that the mine
owner /operator has violated or has not fully complied with all conditions of
approval including completion of improvements depicted in the Conditional Use
Master Plan and all Blasting Limitations and Regulations, and the mine operator
has failed to remedy the violation or come into compliance within the time
period established by the Code Enforcement Board.
6073915
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9R
PREPARED REMARKS TO THE COLLIER COUNTY PLANNING
COMMISSION
GIVEN BY PHILIP DOUGLAS
On Thursday, January 5, 2012
Members of the Collier County Planning Commission:
Today I would like to urge you as a body to oppose and recommend the denial of
the conditional use permit requested by the Alico Corporation for the proposed
Lost Grove Mine which if approved will be located in north Collier County
adjacent to Lee County via Corkscrew Road, the Lee County DRGR and CREW.
Furthermore, I urge you to recommend to the Collier County Board County
Commissioners the denial of this requested use for a lime rock mine.
Additionally I urge that you as a governmental body make your sentiments known
both publicly and in writing to the Collier County Board of Commissioners.
As a Lee County resident I continue to be concerned about this mine because it
has been shown that this mine will cause irreparable harm to those of us who live
in Lee County and especially close to those areas in the DRGR which are the
source for over 80% of our water supply.
In beginning my remarks I can say that Collier County clearly has the ability to
and should deny this conditional use permit based upon one of the key elements
the Collier County Comprehensive Plan., Section 5.4 which says that "New
developments shall be compatible with and complementary to the
surrounding land uses." This mine clearly does not meet this requirement.
A major part of my remarks will focus upon the negative surface and groundwater
impacts of the Lost Grove Mine, not only upon surrounding local residents but
also and more importantly upon the adjacent DRGR lands and CREW.
I would like to identify some of these negative impacts:
1. The dewatering associated with this 1383 acre mine proposed to be 145
feet deep will negatively and permanently impact the aquifers both in the
DRGR but also the surrounding residential areas. Some residents with
private wells drawing water from as shallow as 25 ft deep will be forced to
drill new wells at their own cost. Additionally this mine will have a long
term impact the wells in the DRGR upon which we are dependent for
drinking water.
2. The applicant has completely ignored and not in any way addressed any
of the impacts of the mine to groundwater resources both in CREW and
the DRGR which are immediately adjacent to the proposed mine. Such a
callous disregard for the public interest should be dully noted.
3. The mine's impact upon the CREW wetlands could adversely effect the
quality of nature experiences for those whose visit and enjoy this
important public environmental entity. The negative impacts to the
wetlands will adversely affect not only CREW but also the entire DRGR
and Lee County.
4. The DRGR is also very important to those of us who live in south Lee
County as a buffer to prevent flooding. Any impact on the DRGR could
ultimately result in flooding for those of us living adjacent to this important
area.
5. Over 400 private residences are located in close proximity to this
proposed mine. The Conservancy has provided you with a map showing
the locations of these private homes. Not only are private wells at risk, but
these residents face potential additional costs if their wells run dry
because to the dewatering effect of the adjacent Lost Grove mine.
6. Mining activity itself is ecologically disruptive and results in a permanent
and irrevocable alteration to the natural landscape. These alterations
create permanent adverse impacts to hydrology, surface water flow, and
the natural systems function of both the wetland and aquatic resources of
regional importance to the Corkscrew Marsh, the Imperial River, and the
Estero Bay Aquatic Preserve. The subject property for the proposed mine
drains directly into Corkscrew Marsh.
7. The existing rural and suburban residential landowner most of whom live
in adjacent Lee County will be subject to adverse quality of life impacts.
The proposed mine directly adjoins established residential communities.
The predominant land use along the Corkscrew Road Corridor for the past
50 years has been agricultural and low density rural residential. This area
has historically not been an industrial mining corridor. Some of the
adverse impacts include truck traffic, blasting, noise, dust, lights,
groundwater contamination, habitat loss, decreased property values, and
changes in community character that can be expected when industrial
uses encroach on established rural communities.
In conclusion, I believe that as the duly appointed planning commission members
you have an obligation not only to protect our quality of life but also to take
appropriate steps as necessary to prevent those events which have a negative
impact upon the future of your neighbors in Lee County. I hope that we can
count upon you to represent our interests and the best interests of the Collier and
Lee County communities in this matter. Thank you for your time this morning.
r
Responsible
Growth
Management
Coalition, Inc.
DATE: January. 5, 2012
TO: Collier County Planning Commission
FROM: David A. Urich — Life Member of RGMC
RE: Lost Grove Mine Permitting
� r
.j
P.O. Box 1826
Fort Myers, Florida 33902
I am a Past President and current Life Member of the Responsible Growth
Management Coalition of SW Florida. By a unanimous vote, the current Board of
RGMC has authorized me to speak against the permitting of the proposed Lost
Grove rock mine. RGMC was one of the strong forces in the original creation of the
DR/GR in Lee County some twenty years ago. We have continued our involvement
as the new Dover -Kohl study of that area was developed recently. Since 1988
RGMC has been a vocal proponent of sound growth management strategies and
plans. RGMC advocates for sustainable development, linked to local needs.
There are many reasons for RGMC's objection to this proposal. The very location
is of concern, due to the rural nature of the area and the environmental impacts that
the mine would create. While the proponents seem to feel that the freshwater and
wetlands would not be impacted, we join those whom feel it will have a negative
impact. The long -term impacts of the de- watering, surface water sheet -flow changes
and the effects on wild life are staggering! The very rock that they want to remove
down to about 145 feet is the protective dome that seems to keep our main aquifer
from collapse!
Since there have been two hearings already on this topic, it would seem that many of
the pertinent issues have been spoken to already and I don't want to be redundant.
However, the mine is located directly adjacent to the environmentally sensitive
Corkscrew Regional Ecosystem Watershed Marsh Trail system, and the public will
be exposed to the adverse effects of blasting, crushing and trucking operations. The
existing low density rural residential homes on Corkscrew will have many impacts!
Perhaps one of the best reasons to NOT approve this request is that the existing
rock mines on the Alico Road Corridor are projected to satisfy the demand of the
eight county SW Florida area well beyond the year 2030! Is there documentation of
need for additional Iime -rock materials? It seems that "for profit" desires are being
placed ahead of the needs of the public and the environment!
Y� y
� • f
GUEST OPINION: DAVID URICH
•'• THE NEWS - PRESS, LOCAL & STATE, WEDNESDAY, 1ULYt30, 2008 I B!
Permissive is not permitted in DR /GR
Most 'logical scenario' is to freeze mining would be eye - opening.
. It "Th hall la
In response to the guest
opinion offered on July 21 by
fake Slot, I offer the following
as past president of the Respon-
sible Growth Management
Coalition Inc.
RGMC was very involved in
the creation of the density
reduction /groundwater
resource protection area in
1990. It was never the thought
that that area would be the
source of rock for the entire
state.
The Dover, Kohl & Partners
study of the DR/GR area is one
of the best efforts to review the
area that Lee County set aside
in 1990 to protect our future
well fields and resources.
However, after four chapters
of professional studrof the
DR/GR, they fail to even offer
the most logical scenario,
which is to freeze mining
where it is today.
Folks who own land that is in
the process of approval for new
mines (3,600 acres) would
scream `Burt Harris Act" and
file a lawsuit. If we ruin our
well- fields for our grandchil-
dren due to fear of a lawsuit
when this study says that might
well happen - what choice is
there?
There is a real difference
between a permitted use and a
permissible use.
When RGMC worked to help
establish the DR/GR about 20
years ago, it was then decided
to allow nursing to continue as
an existing usage.
This is somewhat like when
a "nonconforming" use is
grandfathered into a newly
zoned area.
In zoning, when that non-
conforming use stops for (usu-
ally) six months, the property
reverts to the permitted usage
of the area (usually residential).
How is mining in the DR/GR
different?
Perhaps a review of page 4.8
concerning the "Approval of
Additional Limerock Mines"
—Y e s ow yer
that appears as a blue `brick'
pattern is the limestone forma-
tion that stores and protects
much of the county's drinking
water supply. This same layer is
removed and crushed during
the mining process."
Hello? Why would we be
permitting this protective layer
to be removed for personal
profit?
A review of page 4.16 con-
cerning goes on to say "that
`highly permeable flow zones'
below ground could allow con-
taminants to reach wellheads 10
times more quickly than previ-
ously believed."
Of great concern is the fast
sentence of the last paragraph
"Hopefully these conditions do
not exist in Lee County and
existing wells that are sur-
rounded by mining will contin-
ue to be productive and provide
safe drinking water"
Hello, again?
The last three paragraphs of
page 4.8 sum it up: "current
applications are considerably b
excess of toreseeable demand .,
approval of too much, mining
capacity by -Lee County would
-shape the county's future far
'beyond the normal scope of_
public-sector planning"
I was a charter member
when the Ri sponslble Growth
Management Coalition was
founded in 1988 to promote
responsible growth manage-
ment in Lee County within the
parameters of the Florida':
Statutes and Administrative
Code .through informed citizen
participation.
The RGMC fostersand sup-
ports practices that help to
ensure that Southwest Florida.
remains a desirable place o liv
for all citizens.
We need the assistance of
our elected representatives,:
public agencies and business
partners to achieve that goaL
— David A. fifth is the past
president and treasurer of the
Respomible Growth Nlllr ge-'
meet Coalition Inc.
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Professional Qualifications
David W. Depew, PhD,
AICP, LEED ®AP
President & Principal
EDUCATION
University of Florida, BA, Honors, Political Science, 1972
McMaster University, MA, Comparative Political
Development, 1973
Johns Hopkins University, PhD coursework and all
doctoral exams completed successfully in Policy Analysis
and Public Administration, 1973 -1976
Kennedy - Western University, PhD coursework and
dissertation completed, Public Administration, 1997 -2004'
PROFESSIONAL REGISTRATION
Certified Planner, American Institute of Certified Planners,
1983.
Leadership in Energy and Environmental Design (LEED®)
Accredited Professional, 2008.
AFFILIATIONS & HONORS
Member, American Institute of Certified Planners
Member, American Planning Association
Member, Florida Planning and Zoning Association
Associate Member, Urban Land Institute.
Member/Vice President/President, Association of Eminent
Domain Professionals
Member /Chairman, Fort Myers Historic Preservation
Commission, 1999 -2006
Member, Fort Myers Charter Review Commission
Chairman, Lee County Local Planning Agency, 1982 -1984
Member, Real Estate Investment Society
AREA OF EXPERTISE
Land planning, development permitting, zoning,
comprehensive planning, transportation planning, traffic
analysis, policy analysis, eminent domain - related planning
issues, demographics and statistical modeling.
CURRENT RESPONSIBILITIES
As President and a principal of Morris -Depew
Associates, David Depew is responsible for the management
of all phases of land use planning and project permitting. He
is also responsible for the development of research
methodology, staff supervision, regulatory agency contacts,
and client relations. His duties also include the ongoing
business management of the firm. Dr. Depew also serves
as an Adjunct Faculty member at Florida Gulf Coast
University in Fort Myers, FL
RELEVANT EXPERIENCE
David Depew has acquired extensive experience over
more than 25 years in the management of significant
planning and permitting projects. Much of his experience has
Kennedy Western University, is no longer in operation; Dr. Depew's degree was obtained as pan of a continuing
education and professional development course.
MORoiD
EPE W
ENGINEERS • PLANNERS • SURVEYORS
LANDSCAPE ARCHITECTS
been acquired in Southwest Florida since 1980 where he
served as the primary planning manager and consultant for a
number of large public and private organizations. He is an
acknowledged expert on regional planning and permitting
issues and has been certified as an expert witness in a
variety of legal and administrative proceedings in numerous
jurisdictions across Florida. Prior to founding Morris -Depew
Associates, he was a planning, permitting, and financial
consultant to a variety of public and private clients
throughout Southwest Florida.
David Depew was previously the Director of Community
Development for Lee County with responsibility for all
planning and permitting activities. In this position, he
successfully supervised major revisions to Lee County's
Land Development Regulations and Comprehensive Plan,
both of which were recognized state -wide for quality, as well
as the development of a new series of permitting
procedures, various sub -area studies, and development
review policies. During that period of time, he served as Lee
County's Local Planning Agency, supervised the
Metropolitan Planning Organization's staff efforts, and
initiated Lee County's first effor at comprehensive growth
management legislation.
He also served in the following high -level positions:
Acting Director and Senior Planner, Long Range Planning
Department, Lee County, Florida; Assistant Manager, and
Research Associate II, Mayor's Office of Manpower
Resources, Baltimore, Maryland; Computer Applications
Consultant, Geneva, Switzerland; and Instructor, The
American College, Leysin, Switzerland.
REPRESENTATIVE PROJECTS & CLIENTS
Comprehensive & Site Planning
• Lee County Port Authority; acquisition consultant
for Airport Expansion; Fort Myers, FL; S.
Woodward Hanson
• Gulf Harbour Yacht and Country Club; golf
course /marina residential DRI; Fort Myers, FL;
Florida Design Communities, Inc.
• Pueblo Bonito; farm worker housing development;
Bonita Springs, FL; Donald E. Franck
• International Center; mixed use commercial,
industrial, residential development; Fort Myers, FL;
W. Parkinson Myers
• American U -Store It; urban redevelopment and
adaptive re -use of existing facilities; Fort Myers, FL;
Thomas R. Branham
2914 Cleveland Avenue, Fort Myers, FL 33901 • (866) 337 -7341 • Morris- Depew.com • Gainesville • Tallahassee
Professional Qualifications
REPRESENTATIVE PROJECTS & CLIENTS
(CONTINUED)
• Cypress Lake Center; urban redevelopment and
adaptive re -use of existing shopping center; Fort
Myers, FL; LEFMARK, Inc.
• Manor Care Skilled Nursing Facility; ALF
development; Fort Myers, FL; Manor Care
• McGregor Baptist Church; religious facility; Fort
Myers, FL; McGregor Baptist Church
• Temple Beth -el; religious facility; Fort Myers, FL;
Bruce Gora
• Faith Fellowship Ministries; religious facility; Fort
Myers, FL; Reverend David T. DeMola
• Presbyterian Retreat; religious facility; Sanibel,
FL; John Hicks
• Pineland Marina, commercial marina DRI; Pine
Island, FL; Pineland Holdings
• Corkscrew Woods; aggregate mining and re -use
development planning and permitting; Fort Myers,
FL; Cemex
• Coca Cola Distribution Facility; commercial/
industrial development; Fort Myers, FL; Charles S.
Faller, III, CPM
• Kelly Greens Homeowners Association; land use
consulting, comprehensive planning; Lee County,
FL; Kelly Green Homeowners Assoc., Inc.
• Edison Park Homeowners Association; land use
consulting; Fort Myers, FL; Edison Park
Homeowners Assoc.
• Airport Technology Center; industrial planned
development; Fort Myers, FL; Bundschu Kraft, Inc.
• D -75 Commerce Center; interchange commercial
development; Fort Myers, FL; BK Equities, LLC
• ACT Shelter; community facility expansion; Fort
Myers, FL; Abuse Counseling and Treatment, Inc.
• Bonita Grande Mine; aggregate mining and re -use
development planning and permitting; Bonita
Springs, FL; Bonita Grande Mining, Inc.
• University Lakes —West Lakes; aggregate mining
and re -use development planning and permitting;
Fort Myers, FL; Harvey Youngquist
• Palmas del Sol; DRI modification and NOPC
processing; Fort Myers, FL; Grosse Pointe
Development
MOoiiD
EPEW
ENGINEERS • PLANNERS • SURVEYORS
LANDSCAPE ARCHITECTS
• Vanderbilt Beach Property Owners; Collier
County Ordinance Amendments; Collier County;
Vanderbilt Beach Property Owners Assoc.
• Osceola County; Comprehensive Plan
Amendments; Osceola County, FL; Segundo
Fernandez
• Captiva Community Panel; preparation of a
community plan and Comprehensive Plan
Amendments, Lee County, FL; Captiva Island
Property Owners Association
• Boca Grande Community Panel; preparation of a
community plan and Comprehensive Plan
Amendments; Charlotte and Lee Counties; Boca
Grande Community Planning Assoc., Inc.
• Town of McIntosh; Land Development
Regulations amendments; McIntosh, FL: Town of
McIntosh
• Charter School Sites; two charter school sites;
Lee County, Florida; J. McGarvey
• Bokeelia Seaport, residential re- development and
historic preservation efforts; Bokeelia, Florida;
Highpoint Tower Development, LLC
• Spring Hills Development of Regional Impact;
Mixed Use development; Alachua County, Florida;
Pennsylvania Real Estate Investment Trust, Inc.
• Lake Placid Village; mixed use development; Lake
Placid, Florida; HIW Development
• Gulf Coast Landfill; sanitary landfill, recycling,
solid waste transfer station, and industrial
development; Lee County, Florida; Waste
Management, Inc.
• Premier Airport Park; industrial development; Lee
County, Florida; Premier Airport Park, LLP
• Corkscrew Excavation; aggregate mining and re-
use development; Fort Myers, FL; Resource
Conservation Holdings, LLC,
Litigation
Zemel vs. Lee County; inverse condemnation
case and administrative hearing; representing
owner.
• Southern States Utilities vs. Collier Family
Enterprises; condemnation case; representing
condemning authority.
• Lee County vs. Abdallah; inverse condemnation;
representing owner.
2914 Cleveland Avenue, Fort Myers, FL 33901 • (866) 337 -7341 • Morris - Depew.com • Gainesville • Tallahassee
Professional Qualifications
REPRESENTATIVE PROJECTS & CLIENTS
(CONTINUED)
• Feinstein vs. Johnson Engineering, Inc.; liability
dispute; representing Johnson Engineering, Inc.,
defendant.
• FDOT vs. The Landings Homeowners'
Association; right of way acquisition; representing
owners.
• In Re Seago Group; bankruptcy action;
representing plaintiff.
• FDOT vs. KB Holdings (Boulis); right of way
acquisition; representing owner.
• FDOT vs. Coral Ridge Cemeter; right of way
acquisition; representing owner.
• FDOT vs. Mobil Oil; right of way acquisition;
representing condemning authority.
• FDOT vs. TransNation Title Insurance Co.; right
of way acquisition; representing condemning
authority.
• Collier County vs. Northside Construction; right
of way acquisition; representing owner.
• Stardial vs. Town of Fort Myers Beach; land use
dispute; representing property owner.
• Kessler, et. al. vs. City of Naples and Collier
Enterprises; permit challenge; representing Collier
Enterprises.
• Jonesboro, et. al. vs. Alachua County, et. al.;
comprehensive plan challenge; representing
Jonesboro Properties, Inc.
• Crouch vs. City of Newberry; defense of
annexation by City; representing intervenor.
• Batreal, Caron vs. City of Newberry; ordinance
challenge; representing City.
• Cossu -Cohen vs. Town of Fort Myers Beach;
ordinance challenge; representing Fort Myers
Beach.
• Miami Corporation vs. City of Titusville; permit
challenge; representing Miami Corporation.
• City of Lakeland vs. Southwest Florida Water
Management District; permit challenge;
representing City.
• White v Levy County; vested rights challenge;
representing White Construction.
MOoiiD
EPEW
ENGINEERS • PLANNERS • SURVEYORS
LANDSCAPE ARCHITECTS
• Watson v City of Gainesville; inverse
condemnation case: representing Watson
Construction.
2914 Cleveland Avenue, Fort Myers, FL 33901 • (866) 337 -7341 • Morris - Depew.com • Gainesville • Tallahassee