Resolution 2012-015RESOLUTION NO. 2012- 15
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA CONDUCTING A RE- REVIEW
AND AMENDING THE CONDITIONS OF APPROVAL IN
RESOLUTION NUMBER 08-290 WHICH ALLOWS FOR EARTH
MINING WITH EXCAVATION, BLASTING AND PROCESSING OF
MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME
OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL
FRINGE MIXED USE DISTRICT RECEIVING LANDS AND EAST
OF IMMOKALEE ROAD, APPROXIMATELY 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. 08-128 AND 08 -290.
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. 200441, 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, the Board of Zoning Appeals of Collier
County approved a Conditional Use providing for earth mining, excavation and related processing
with respect to the same property which is the subject of this conditional use re- review, which
property is described in (Exhibit "A') which is attached hereto and incorporated by reference herein;
and
WHEREAS, on June 20, 2006, by Resolution 06 -157, the Board of Zoning Appeals of Collier
County approved an amended Conditional Use to allow blasting of material within the same property
which is the subject of this conditional use re- review; and
WHEREAS, on October 10, 2006, by Resolution 06 -264, the Board of Zoning Appeals
approved an amendment of Resolution 06-157 to correct scrivener's errors in the legal description and
zoning classification; and
WHEREAS, on September 25, 2007, by Resolution 07 -274, the Board of Zoning Appeals of
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. 1/17/12 1 of3
Collier County approved an amended Conditional Use with respect to the same property which is the
subject of this conditional use re- review to expand the boundaries of the excavation area and repeal
Resolutions 99-420 and 06 -157; and
WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed
to determine whether additional stipulations or mitigation are necessary to ensure compatibility with
other properties in the area and to assure that the public health, safety and welfare is adequately
addressed; and
WHEREAS, on April 22, 2008, and by Resolution No. 08 -128 adopted on May 13, 2008, the
Board of Zoning Appeals, as part of the re- review of the Conditional Use, approved amendment to the
conditions of approval at the mine owner's request, and
WHEREAS, on September 23, 2008, the Board of Zoning Appeals conducted a re- review
hearing on the property that is the subject of this re- review hearing and approved Resolution No. 08-
290 which approved an amendment to the conditions of approval proposed by the County and
repealed prior Resolution Nos. 99- 420, 06-157 and 07 -274; and
WHEREAS, on October 13, 2009 the Board of Zoning Appeals conducted a re- review
hearing on the property that is the subject of this re- review hearing but determined that there was no
need to change the conditions of approval and therefore did not adopt a Resolution; and
WHEREAS, the owner of the subject property, SR 846 Land Tmst, has filed Petition No. CUR -PL
2011 -1177, as required by the prior conditions of approval for a re- review of those conditions, and is
requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the
subject of this re-review hearing; and
WHEREAS, the Parties wish that this Resolution repeal and replace Resolution Nos. 08 -128 and 08-
290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses
for the subject property; 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 as provided in Resolution 08- 290, and has considered the advisability of amending the
conditions of approval; and
WHEREAS, the Collier County Planning Conunission previously has found as a matter of fact 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 Developmettt 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:
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. 1/ 17/12 2 of 3
1. Petition Number CUR PL2011 -1177 filed by R Bruce Anderson, Esquire of Roetwl &
Andress and Margaret Pent' of Stantec representing SR 846 Land Trust with respect to the property
hereinafter described in Exhibit "A ", be and the same is hereby approved and the Board hereby
amends the conditions of prior approvals in acomlanoe with the Conceptual Master Plan desmbed in Exhr�
"B" and as set forth in the Conditions of Approval described in Exhibit "C ". Exhibits "A ", "B"
and "C" are attached hereto and incorporated herein by reference.
2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08-290 which are
accordingly no longer of any legal force or effect.
Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super - majority vote, this,2 of
2012.
ATTEST:
DWIGHT E. BROCK, CLERK
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.Clerk
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Approved as;t6 form
and legal sufficiency:
.lam
Steven T. Williams
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
"`, IIL4 LJ
BY: . CJ,-
Attachments: Exhibit A — Legal Description
Exhibit B — Master Plan
Exhibit C — Conditions of Approval
CP: 1 I -CPS-0 l 1 18\15
CUR- PL2011 -1177 / SR 846 Land Trust
Rev. 1/17/12 3 of 3
FRED W. COYLE, Chairm
L L:- Ga =.L. DESCRIPTION
ALL OF SECTIONS 35) At,1D 35 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR
COUNTY ROAD 846, (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
EXHIBIT "A"
PROJECT. S.R. 846 LAND TRUST EART'A M(t,1
CLIENT: S.R. 846 LAND TRUST
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WTlsonMille7, '.ac.
11001riry Wc, J�4101 • Nr04 r, Fwrfl� Sl feSeJ07 • P�1aw I701l1:O r1 • Ff! ;74:17 -NN • AY1Jhi �wr, NramYW.ns
EXHIBIT "B" -.-
NO BLAST ZONE
BLAST ZONE
7'1500' DATE 0;-2Y2007
47148 27
,..oea •.a
8 -000 -000
1 � 1
Exhibit "C"
Conditions of Approval for January 2012 Re- Review
Mining Ventures, LLC, Petitioner; SR 846 Land Trust, Property Owner
CUR- PL2011 -1177
Collier County Conditions of Approval
CUR- PL2011 -1177 S.R. 846 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. Following conditional use hearing requirements, the BZA may revoke the approval of this
Conditional Use if the Collier County Code Enforcement Board finds that the mine
operator has violated or has not fully complied with all conditions of approval including
completion of improvements indicated on the Conditional Use Master Plan 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. The County shall monitor the conditional use for blasting, and an inspection charge shall
be applied to cover fees associated with the inspection.
3. A $500,000 bond shall be set aside for settlement of any claims for structural damages
directly resulting from blasting.
4. The local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or
collieraggregates.com.
5. To reduce the impacts to the neighborhood, and to account for changes in weather
conditions, air blasts shall not exceed a maximum limit of 120 dbl.
6. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of
0.20 inch per second.
7. The maximum load per hole shall be limited to less than 100 pounds of explosives per
blast.
8. 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.
9. 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 been terminated.
10. 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.
Exhibit "C"
October 2011 Conditional Use Re- Review
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
11. 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.
12. The storm water run off quality should not be affected with the proposed excavation area
expansion.
13. 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 the 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.
14. To lessen the potential for noise, dampening of the rock crushing equipment shall have
attenuation properties /enclosures around the motors of the equipment. If attenuation
enclosures are not able to be achieved for other large equipment then an earthen berm
shall be installed around the pumps and equipment; up to the height of the equipment
being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required).
The berm shall be installed within six (6) months of approval of this conditional use.
15. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional
Use Master Site Plan — Phase I and Il.
16. Adequate utility, access roads, drainage, and other necessary facilities already provided
shall continue to be maintained.
17. 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.
18. 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.
19. 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.
20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer,
whichever is shallower.
2
October 2011 Conditional Use Re- Review
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
21. Excavation shall occur from the eastern boundary and work towards the western boundary
of the property.
22. 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.
23. 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.
24. 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.
25. 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 closest residential
structure; at the southern property border adjacent to the closest 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.
26. 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 the 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.
27. 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.
28. 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.
29. An updated listed species survey less than 6 months old is required for areas of expanded
excavation prior to issuance of an excavation permit. As required by FWC Technical
Assistance, follow up pedestrian surveys of each new mining block will be conducted
between 60 and 180 days prior to commencement of any mining related activity through
3
October 2011 Conditional Use Re- Review
Response to Conditions of Approval
CUR- PL2011 -1177 — Resolution 08 -290
Mining Ventures, LLC
the life of the project. The applicant shall submit a copy of these surveys to Environmental
Services Department staff.
30. 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.
31. Any other additional or updated environmental permits or information as required in the
LDC will be required prior to excavation permit approval.
32. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake.
Construction of the littoral area will commence during the reclamation phase of the project
as required by FDEP Permit #0271820 -001.
33. 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.
34. 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.
35. 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.
36. 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.
37. Blasting shall be terminated five (5) years after the expanded excavation permit has been
issued.
38. Blasting shall be limited to the blast zone depicted on the attached map.
61195540
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