Agenda 09/14/2010 Item #16A19
Agenda Item No. 16A 19
September 14, 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve commercial Excavation Permit No. PL 20090000616, Ex 59.814-1 "East
Naples Mine", located in sections 21 & 22, Township 49 south, Range 27 east: bounded on the north
and west by existing quarry operations and vacant land zoned agricultural, and on the west & south by
vacant land zoned agricultural- A(ST/WS4).
OBJECTIVE:
To issue an excavation permit to James A. Brown, Trustee for the project known as "East Naples
Mine" in accordance with Article IV of Chapter 22 of the Collier County Code of Laws and
Ordinances, Excavations.
CONSIDERA TIONS:
The Petitioner proposes to excavate one lake with a total surface area of 208 acres (+/-) to a depth of
70 (+/-) feet on 259 acres ofland. The resultant 20,000,000 (+/-) Cubic Yard (C.Y.) offill will be used
off-site on construction projects both public and private throughout the County.
The Rural Fringe Growth Management Plan (GMP) amendments went into effect on July 22,2003. In
those amendments, the subject site is designated Agricultura1/Rural, Rural Fringe Mixed-Use District
Receiving Lands, and is within the North Belle Mead Overlay (NBMO), as identified on the Future
Land Use Map. The NBMO Receiving Area, states, in part:
"Because an earth mining operation and asphalt plant uses have existed for many years in the
area, and the surrounding lands in Sections 21, 28 and the western quarters of Sections 22 and
27 are reported to contain Florida Department of Transportation grade rock for road
construction, these uses are encouraged to remain and expand. However, until June 19, 2005,
mining operations and an asphalt plant may be expanded only to the western half of Section 21
and shall not generate truck traffic beyond average historic levels. If by June 19, 2005, an
alignment has been selected, funding has been determined, and an accelerated construction
schedule established by the Board and the mining operator for an east-west connection
roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and
an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a
permitted use. Ifno such designation has been made by June 19, 2005, any mining operations
or asphalt plant in these areas, other than continued operations on the western half of Section
21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon
failure to attain Board selection of an alignment commits by June 19, 2005 to construct a
private haul road by June 19, 2010 without the allocation of any public funds. The County's
existing excavation and explosive regulations shall apply to all mining operations in these
areas. "
628482 v_02 \ 11l299.0003
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Agenda Item No. 16A 19
September 14, 2010
Page 2 of 10
In June 2007, the County and Florida Rock Industries entered into a Developer Contribution
Agreement (DCA) for construction of a haul road open to the public whereby Florida Rock
purchases the necessary right-of-way for and constructs a haul road which will become the
eventual extension of Wilson Boulevard. As a result of that agreement, no conditional use
approval is required for the subject application.
The NBMO of the GMP has a separate specific set of environmental regulations which apply to its
rural fringe sending and neutral lands and it exempts Receiving Lands within the overlay from the
Conservation and Coastal Management elements of the GMP and its implementing land
development regulations including, specifically, wetlands and wildlife. State and Federal agencies'
regulations continue to apply.
FISCAL IMPACT:
The Community Development Fund, Development Services (131) has received revenues broken out as
follows:
Application Fees
Yardage Fee
$3,750.00
$20.000.00
$23,750.00
Total Fees to Date
A security in an amount not to exceed $1,000,000 must be posted prior to permit issuance, and
reporting and inspection fees will be paid annually.
GROWTH MANAGEMENT IMPACT:
From the Environmental Advisory Council (EAC) staff report, and written by the Comprehensive
Planning Department, "Based upon the (staff's) analysis, Comprehensive Planning staff concludes that
the Excavation Permit for earth mining may be deemed consistent with the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP).
ENVIRONMENTAL ISSUES:
With regards to the NBMO the following statement applies to the environmental aspects of this
project. "Unless otherwise specifically stated, no other Goals, Objectives and Policies of the Future
Land Use Element, other than those relating to density and allowable uses, Conservation and Coastal
Management Element, or Public Facilities Element in the Growth Management Plan or implementing
Land Development Regulations (LDR's), including specifically but not limited to wetlands and
wildlife protection, shall be applicable to the NBM Overlay Receiving Lands other than this NBM
Overlay Plan and its implementing LDR's. On Receiving Lands any development shall comply with
628482 v _02 \ 11l299.0003
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Agenda Item No, 16A 19
September 14, 2010
Page 3 of 10
the non-environmental administrative review procedures of Collier County for site development plans
and platting."
As a result ofthe above statement in the GMP's, this petition was not reviewed for any environmental
issues and is consistent with the Collier County GMP's as related to the NBMO.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
None.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATIONS:
This petition was approved at the Environmental Advisory Council meeting August 4, 2010 by a vote
of 3-0.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATIONS:
The Collier County Planning Commission was not required to review this petition.
LEGAL CONSIDERATIONS:
This item is ready for Board consideration. The Board of County Commissioners may grant the
excavation permit upon competent and substantial evidence submitted by the applicant, that:
(1) The excavation will not interfere with the natural function of any sanitary, storm or drainage
system, or natural flow way, whether public or private, so as to create flooding or public health hazards
or jeopardize the functions of the natural resources and environment of Collier County.
(2) Dust or noise generated by the excavation will not cause a violation of any applicable
provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any
existing residential area may require separate county approval.
(3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod or
surface water flow ways. The county manager or designee may require the applicant to monitor the
quality ofthe water in the excavation and adjacent ground and surface waters. Under no circumstances
shall the excavation be conducted in such a manner as to violate Collier County or applicable State of
Florida water quality standards.
(4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or
property.
628482 v_02 \ 111299,0003
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Agenda Item No. 16A 19
September 14, 2010
Page 4 of 10
(5) The excavation does not conflict with the growth management plan or land development
regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special
criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical
state concern.
(6) In cases where a wetland is no longer capable of performing environmental functions or
providing environmental values or in cases where it is determined that no reasonable alternative exists
other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized
through previous county review processes.
(7) Flow of water within and through preserved wetlands shall not be impeded.
(8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent
sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land
Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the
same erosion control devices. Fill must be stabilized using sod, seed, or mulch. (Section 22-11 O( d)
Code of Laws and Ordinances)--HFAC
STAFF RECOMMENDATIONS:
Staff recommends that the Board of County Commissioners approve the issuance of Excavation Permit
No. 59.814-1 to James A. Brown, Jr., Trustee for the project known as "East Naples Mine" with the
following stipulations.
1. Access is permitted to 16th Ave. SW to move equipment into the site to start up the operation
and for ingress and egress of employees to the operation.
Short hauls are permitted, utilizing local routes including but not limited to 16th Ave. SW, on a
case-by-case basis unless County Manager or his designee objects. Short hauls include
properties within 2 to 3 miles of the excavation site when 16th Ave. SW or other local route is
the nearest route and for government financed projects such as roads and other government
facilities. For non-government financed projects, 24 hour notice will be given to the Collier
County Manager or his designee.
2. The excavation is permitted to a depth of 70 feet or to the confining layer, whichever is less, so
as to not adversely affect ground water quality.
3. Off-site removal of excavation material (fill, road base and aggregate) utilizing 5th Street SW
shall be limited to historic average annual daily trip generation of 156 round trips (312 one
way trips).
628482 v_02 \ 111299.0003
4
Agenda Item No. 16A 19
September 14,2010
Page 5 of 10
4. Unless otherwise approved by the Growth Management Division, all excavation operations
(except for dewatering pumps), which are within 1,000 feet of developed residential property,
shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Additionally, such excavation operations shall be further limited by County ordinances which
establish operating controls by hours, days, noise level, or other parameters relating to public
health, safety and welfare.
5. Dewatering will be allowed provided proper permits are obtained if required from the Florida
Department of Environmental Protection.
6. No Excavation Permit shall be issued until all fees have been paid.
7. Pursuant to Section 2.03.07.E.2.ii of the Land Development Code, if, during the course of the
site clearing, excavation, or other construction related activity, a historic or an archaeological
artifact is found, work within the minimum area necessary to protect the discovery shall be
immediately stoppe<;l, and the Collier County Code Compliance Director shall be notified.
8. During the life of the mine the property owner shall, if notified, prohibit site entry for a period
of 3 months to an excavation hauler who has been found guilty or pled no contest to a traffic
citation for speeding on 5th Street SW, once within any 12-month period. Further, the owner
shall permanently prohibit site entry to the mine to an excavation hauler who has been found
guilty or pled no contest to two such citations within a 12-month period. The owner shall print
a warning to that effect on the back of its receipts given excavation haulers.
9. The property owner agrees not to excavate to a minimum 180 feet along the section line
between Sections 21 and 22 (a "non-excavation zone") for a period of up to January 1, 2030.
Upon 180 days written notice from the County, owner agrees to sell to the County, in fee
simple, the non-excavation zone to be used for the construction of a public roadway (with the
owner retaining rights of reasonable ingress and egress) for fair market value.
10. The property owner agrees subsequent to the issuance of the subject excavation permit not to
excavate to a minimum of the northerly 120 feet and the southerly 120 feet of the Phase I and
Phase 2 mining area ("non-excavation zones) for a period of up to January 1,2030. Upon 180
days written notice from the County, owner agrees to sell to the County, in fee simple, the non-
excavation zone to be used for the construction of a public roadway (with owner retaining
rights of reasonable ingress and egress) for fair market value.
11. The fair market determinations referenced in sections 9 and 10 herein above shall be
determined as follows:
a) The owner shall be apprised throughout the process of selecting and evaluating the
proposed utilization of each of the proposed non-excavation zones giving due
consideration to the desires of the owner.
b) Upon the county's determination of the desired course for roadway construction within
the subject zone(s), the county shall notify the owner and allow for negotiation of fair
market value for a period of ninety (90) days subject to each party having secured an
appraisal or otherwise have made their determination of the fair market value.
628482 v _02 \ 111299.0003
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Agenda Item No. 16A 19
September 14, 2010
Page 6 of 10
c) If the parties are unable to arrive at a mutually acceptable fair market value, then the fair
market value shall be determined at mediation.
12. The property owner shall have the options below regarding provision of stormwater
pretreatment and detention for Wilson Blvd. and Green Blvd.l16th Ave. SW:
a. The County will provide both pretreatment and detention within the future road
corridors which will require corridors of a minimum of 180 feet and 120 feet, for the
North/South and EastlWest corridors, respectively, or
b. The owner will provide both pretreatment and detention on his property which will
require future road corridors to a minimum of 120 feet and 80 feet, for the
North/South and EastlWest corridors, respectively. The location shall not be
unreasonably burdensome for the construction of the drainage system by the
County.
For option (b) , owner shall have sole discretion as to design and location of pretreatment
and/or detention facilities on his prop~rty and capacities shall be sufficient (only) for the
portion of the roadway corridors within or immediately adjacent to the owner's property
without acceptance of water from roadway corridors not within or immediately adjacent to
owner's property.
13. Upon commencement of hauling, a $1.00 surcharge shall be applied to each loaded heavy
vehicle leaving the site. Owner will provide the ongoing commitment to a $1 heavy vehicle
surcharge for all loaded heavy vehicles exiting the property. The $1.00 surcharge will be used
as a base level while the County explores a uniform fee that can be put on the other mines
and/or haulers that would also reflect the cost of doing business. This fee will adjust by the CPI
effective one year after the commencement of hauling. In no event, however, will owner's
surcharge be below $1.00 per truck, before adjusting for inflation, except in the event of a
uniform fee for all other mines and/or haulers the owner's surcharge shall be the same as the
uniform fee.
14. A right-of-way permit will be required to connect to 16th Ave. SW. The Excavation Plans shall
depict how 16th Ave. SW could be extended into the property.
15. In the event any lands for a public road right-of-way are acquired within the subject property,
the gross density or development intensity of any future development of the property shall be
calculated to include the land and water area which exist within the property prior to the
acquisitions of the right-of-way.
16. The property owner commits to cooperating with Collier County and the SFWMD in the
studies for the potential for a regional stormwater retention/detention master system in the
Golden Gate Canal and North Belle Meade area.
628482 v_02 \ II 1299.0003
6
Agenda Item No. 16A 19
September 14, 2010
Page 7 of 10
PREPARED BY:
Stan Chrzanowski, P.E., Senior Engineer, Land Development Services, Engineering Review,
Growth Management DivisionlPlanning & Regulation
ATTACHMENTS:
1) Location map
2) Excavation plan
628482 v _02 \ 11I299.0003
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 19
September 14, 2010
Page 9 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A19
Recommendation to approve commercial Excavation Pennit No. PL 20090000616, Ex 59.814-1
"East Naples Mine, located in sections 21 & 22, Township 49 south, Range 27 east: bounded on
the north and west by existing quarry operations and vacant land zoned agricultural, and on the
west & south by vacant land zoned agricultural- A(ST/WS4).
9/14/20109:00:00 AM
Prepared By
Stan Chrzanowski
Community Development &
Environmental Services
Manager - Engineering Review Services
Date
Engineering & Environmental Services
8/19/201012:42:44 PM
Approved By
Norm E. Feder. AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
8/26/20101:49 PM
Approved By
William D. Lorenz, Jr.. P.E.
Community Development &
Environmental Services
Director - CDES Engineering Services
Date
Engineering & Environmental Services
8/30/2010 1 :53 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
8/31/20108:44 AM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
8/31/2010 9:39 AM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
8/31/201012:25 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
8/31/20101:07 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
8/31/20104:06 PM
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/3/2010 5:20 PM
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