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Backup Documents 01/24/2012 Item # 7ACOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display A&., location, etc.) Originating Dept; Div: GMD /Zoning Person: Fred Reischl, Senior Planner Date: December 28, 2011 C,op Petition No. (If none, give brief description): PL20110001177 Petitioner: (Name & Address) Margaret Perry, AICP Stantec 3200 Bailey Ln, Suite 200 Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X I3CC BZA Other Requested Hearing date: Tuesday January 24, 2012. Based on advertisement appearing 20 days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed "Next: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: 7a Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: 131- 138326- 649100- 00000 Reviewed by: f DivisioUAdministrator or Designee List Attachments: Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda tile: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile. FOR CLERK'S O`FFICEQQUS ONLY: Date Received: ` �'v Date of Public hearing: Z� �Z Date Advertised: 1 L December 28, 2011 Board of County Commissioners Public Hearing Advertising Requirements 7A Please publish the following Advertisement on January 4, 2012, and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 7a NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, January 24, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: CUR -PL- 2011 -1177, SR 846 Land Trust requesting a Conditional Use Re- Review (CUR) 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 & 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) � 7A RESOLUTION NO. 201.2- 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 D IN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS, AND EAST OF 1MMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 3S AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS I AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT- OF-WAY FOR COUNTY ROAD 846 (INIMOKALEE 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and INTIEREAS, on November 9, 1999, by Resolution 99420, 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 "B") which is attached hereto and incorporated by reference herein; and VNIIIEREAS, 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-PL201 I - t 177 / SR 846 Land Trust Rev. 12/13/11 1 of 7A Collier County approved an amended Conditional Use with respect to the sane property which is the subject of this condition 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 Apri122, 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 WI-M-ITAS, the owner of the subject property, SR 846 Lind Trust, 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 subjectofthis 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 aflected,'has hold a public hem-iiig 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 Commission previously has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08,00, 1. of the Land .Development Code; and WHEREAS, ail interested panties have been given opportunity to be heard by this Board in apublic meeting assembled and the Board having considered all matters presented. CUR- PL2011 -1 1771 SR 846 Land Trust Rev. 12/13/11 2 of 3 7A NOW, THEREFORE, BE IT RF—SOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. The re-review petition filed by R Bruce Andersen, :Esq. of Roetzel & Andress and Margaret. Ferry of Stantec, representing the owner of the property described in (Exhibit "B ") requesting an amendment to the conditions of approval, be and the same is hereby approved, and the Board hereby amends the conditions of prior approvals in awotdance with the Conceptual Master Plan (Exhibit "C ") and as set forth in (Exhibit "D ") which is attached hereto and incorporated by reference herein. 2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08 -290 which are accordingly no longer of any legal force or eilect. 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 day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK h1i 's , Deputy Clerk Approved as to form and legal. sufficiency: Steven T. Williams Assistant County Attorney Attachments: Exhibit A - Exhibi't B — Exhibit C — Exhibit D - CP: I I - CPS -011 15110 CUR -PL201 t -1177 / SR 846 Land "frost Rev: 12 /13/11 3 of3 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman 7A Teresa L. Polaski From: ReischlFred <FredReischl @colliergov.net> Sent: Wednesday, December 28, 20112:20 PM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda Subject: CUR -PL- 2011 -1177 BCC Ad Request Attachments: Legal Ad Req.pdf, Reso 846 Land Trust.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval prior to processing. Thank you. Fred Reischl, AICP Senior Planner Collier County Growth Management Division Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 Under t" o;.da Lays, f rr,ai addresses are ouNic records- If you do not cant your e pail address released in response to a pubic records request, do not send a oc;trr.;n mil to this entity. 'instead, contact this office by telephone or in writing. 1 7A Acct #068779 December 29, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CUR- PL2011 -1177, SR 846 Land Trust Dear Legals: Please advertise the above referenced notice on Wednesday, January 4, 2012 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500131207 7A NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: 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. A copy of the proposed Resolution is on file with the Clerk to the Board, and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board 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 Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board 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 based. It 7A If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) X CLERK OF THE C ] Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA December 29, 2011 Margaret Perry, AICP Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 i ier 7A C IT COURT UR OUSE Clerk of Courts IL E ST 44 Accountant 4101 -3 44 Auditor tl� Custodian of County Funds Re: CUR- PL2011 -1177, SR 846 Land Trust Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, January 24, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, January 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,C Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com Teresa L. Polaski 7A To: Legals NDN (legals @naplesnews.com) Subject: CUR- PL2011 -1177, SR846 Land Trust Attachments: CUR- PL2011 -1177, SR846 Land Trust.doc; CUR- PL2011 -1177 (SR 846 Land Trust).doc Lega Is, Please advertise the attached legal ad on Wednesday, January 4, 2012. Please respond with an ok that this ad was received and is being processed. Thanks FYI — Our office will be closed on Monday January 2, 2012., if possible please send proof by Friday for ok. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa. Polaski@collierclerk.com 1 w 7A Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, December 29, 20119:19 AM To: Teresa L. Polaski Subject: RE: CUR- PL2011 -1177, SR846 Land Trust A0 Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: aareen(d)naolesnews.com www.naplesnews.com From: Teresa L. Polaski jmailto: Teresa .Polaski @collierclerk.com] Sent: Thursday, December 29, 20118:07 AM To: Legals NDN Subject: CUR- PL2011 -1177, SR846 Land Trust Legals, Please advertise the attached legal ad on Wednesday, January 4, 2012. Please respond with an ok that this ad was received and is being processed. Thanks FYI — Our office will be closed on Monday January 2, 2012., if possible please send proof by Friday for ok. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -84+08 fax Teresa.Polaski@colliercierk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, December 29, 20119:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UASSDjpg Please provide an OK to print by 9:OOam on Friday for publication on January 4th. Thank You, Naples Legals Thank you for placing your ad. Date 12/29/11 Publication NDN Account Number 744106 Ad Number 1928955 Total Ad Cost $264.54 1 7A W Teresa L. Polaski From: ReischlFred <FredReischl @colliergov.net> Sent: Thursday, December 29, 20119:41 AM To: Teresa L. Polaski Subject: RE: Ad Confirmation Looks good, thanks! Is my other ad (Community School PUDZ) also being processed? - - - -- Original Message---- - From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml Sent: Thursday, December 29, 20119:38 AM To: ReischlFred Subject: FW: Ad Confirmation Please review - - - -- Original Message---- - From: Green, Amy (mailto:AGreen @Naplesnews.coml Sent: Thursday, December 29, 20119:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on January 4th. Thank You, Naples Legals Thank you for placing your ad. Date 12/29/11 Publication NDN Account Number 744106 Ad Number 1928955 Total Ad Cost $264.54 Please visit us on the web at www.collierclerk.com 7A V This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The i 7A Teresa L. Polaski From: Sent: To: Cc: Subject: Per Steve: This is ok to go. Dinny NeetVirginia <VirginiaNeet @colliergov.net> Thursday, December 29, 201111:29 AM Teresa L. Polaski Williams, Steven RE: Ad Confirmation - - - -- Original Message---- - From: Teresa L. Polaski [ma ilto: Teresa .Pola ski @colIierclerk.coml Sent: Thursday, December 29, 20119:37 AM To: NeetVirginia Subject: FW: Ad Confirmation Please review. Thanks - - - -- Original Message---- - From: Green, Amy jmailto:AGreen @Napiesnews.com Sent: Thursday, December 29, 20119:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on January 4th. Thank You, Naples Legals Thank you for placing your ad. Date 12/29/11 Publication NDN Account Number 744106 Ad Number 1928955 Total Ad Cost $264.54 Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 Teresa L. Polaski To: Green, Amy Subject: RE: Ad Confirmation Looks good, ok to run. - - - -- Original Message---- - From: Green, Amy [mailto:AGreen @Naplesnews.coml Sent: Thursday, December 29, 20119:57 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide an OK to print by 9:OOam on Friday for publication on January 4th. Thank You, Naples Legals Thank you for placing your ad. Date 12/29/11 Publication NDN Account Number 744106 Ad Number 1928955 Total Ad Cost $269.70 1 ibo, 7A 7A Teresa L. Polaski From: Martha S. Vergara Sent: Wednesday, January 04, 2012 8:30 AM To: Teresa L. Polaski Subject: FW: Thank you for placing your classified advertisement. From: Naples Daily News jmailto :naplesnews(cbclicknbuy.com1 Sent: Tuesday, January 03, 2012 11:08 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1929171 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: 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. A copy of the proposed Resolution is on file with the Clerk to the Board, and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board 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 Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board 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 based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Na s,' Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) January 4, 2012 No. 1929171 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http : / /secure.adpay.com /adwizard to in.aspx ?1= 1.9602978 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. 7A NOTICE OF *PU" HEARING To CONSIDER11ESOLUTION Notice is hereby 'given that the Board of County lrr,iyslonen, as the Board of Zoning Appeals, of,Colher County will hold a public hearinr� ?nggT,,uesday, Januattry yy 24, 2012, in the Boardroom, 3Tamiamir Trail n�P ofluddIn The omeetmg uwdl Government Center, 3299 East proposed resolution n as i`ollodawil begin at 9:00 A.M. The title of the propo __ . ^ .necm l of COLLIER` COUNTY., AND 08 290. A copy of the proposed Resolution is on file with the Clerk to the Board, and is available for inspeRion. All interested parties are Invited to attend and be heard. NOTEM;y 'All Persons wishing to speak on any ac item must register with the If Individual speakers will be limited to 3 minutes gon. any item- The selection . an Cou Administrator rior to presentation.of the any item- The da n individual to speak orrbehalf of an or19aforraa °ngro�pgor, organization may be recognized by the Chair, a spokesp allotted 10 minutes to speak on an item. nor to the respe the packets must have written material erminium 9fa3 included �n the Board abgYen, a public hearing. In any case, written om�ta eaCointended staff a [n "emumof considered days Board shall be submitted to th p llapprop i used, presentations before the Board prior to the Public hearng. will become a permanent Part of the record. Board will need a record of Any person who decides to appeal a dectaikt*`of'�, may need to ensure that a the proceedings pertain, g t ereto and they. verbatim record of the Prbceidings is made, which' record includes the testimony and evidence upon which the appeal is based.. in order to If you are a 'person wish a disability who needs any accommodatie0 the provision participate in this proceeding, you are entitled, at no cost to You,• of certain assistance, Please contact the Collier county FNaP le Florida 34112, Department, located at 3301 Tamiami Trail Eest, Building W aired are available in . Department, (239)252-8380. Assisted listening devices for the hearing imp the County Commissioners" Office. BOARD Ok COUNTY COMMISSIONERS - BOARD OF ZON 0DLL)ER COUNTY, FLO DA FRED W. COYLE, CHAIRMAN DWIGHT E. BR6M CLERK ggyy Teresa PolmW Deputy Clerk {SEAL)' NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarney, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily, newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 4, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida. for a period of I year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person; firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in I)te said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 5th day of Janu - 2012 (Signature of notary public) y KAROL E KARGAS Notary Public - State of FlorWa My Comm. Expires Jul 29, 2013 Commission # DD 912237 T NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners , as. the Board of Zoning Appeals; of Collier County will hold a public hearing on Tuesday, January 24, 2012, in, the Boardroom, 3rd Floor, Administration Building9, Collier County Gave Center, 3299 Easy Tamiami Trail, Na Fiorida, The meeting will begin at 9.A0 A.M. The title of the proposed resbluH .asdallows: A RESOLUTION OF THE BOARD OF 'ZONING APPEALS OF "COLLIER COUNTY, FLORIQQ CONDUCTING A: RE- REVIEW AND AMENDING THE CONDITIONS OF APPROV�L IN RESOLUTION NUMBER408-290 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,, APPRO��ilMATELY 2 MILES NORTH OF OIL" WELL ROAD. THE SUBIECT PROPERTY'IS LOCA"TED'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, A copy of the proposed Resolution is on file With the Clerk to the Board, and is available for inspection „AII interested parties are invited to attend and be heard. NOTE: All Persons 'Wishing to speak on any aggenda item must register with the Counttyy Administrator prior to presentation of the agenda item to be. addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on 'behalf of an organization or group is encouraged. If iecognized by, the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on;an item. Persons wishing to have written or graphic materials included.in the Board agenda packets must submit'said material a minimum of 3 weeks prior to the resppeective public hearing. In aqy case, written materials ;Intended to be considered by the Board 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 Board will become a permanent part of the record. ` Any person who decides to apppeal a decision of the, Board 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 based. If you are a person with "a disability who needs any accommodation in order to participate in this. proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail,EasL Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. ” BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA - FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By ?eresa Polaski, Deputy Clerk (SEAL) January 4. 2012 - Nn 1920171 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) A a- 2. January 24, 2012 Agenda Item Number 7.A. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution CQ O' Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 0a 0(0 l;� Z 4 I t 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Fred Reischl Phone Number 252 -4211 Contact W____ (Initial) Applicable) Agenda Date Item was January 24, 2012 Agenda Item Number 7.A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution CQ O' Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, FiP resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's fiP Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the FiP document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's F� signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip F,P should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BZA on January 24, 2012 and all changes made during the meeting have been incorporated in the attached document. The County 49 Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 7a MEMORANDUM Date: February 7, 2012 To: Fred Reischl, LDC Coordinator IF Operations & Regulatory Management From: Teresa Polaksi, Deputy Clerk Minutes and Records Department Re: Resolution 2012 -15 /CUR- PL2011 -1177 (SR 846 Land Trust) Attached is a copy of the document referenced above, (Item #7A) approved by the Board of County Commissioners on Tuesday, January 24, 2012. The original is being kept by the Minutes and Records Department and will be kept as a part of the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you 7a RESOLUTION 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. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99-420, 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 7A 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. 99420, 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 Trust, 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 n peal 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 Commission 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 Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented NOW, TMREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: CUR- PL2011 -1177 / SR 846 Land Trust Rev. IM 7/12 2 of 3 7A 1. Petition Number CUR PL2011 -1177 filed by R Bnxe Anderson, Esquire of Roetzel & Andress and Margaret Perry 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 accordame with the Conmptual Master Plan descnbed in Exhibit "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. :.. • 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 o?4 da of , 2012. ATTEST: DWIGHT E. BROCK, CLERK D tv ,,C A • 1' Approved as io '-form' and legal sufficiency: )�=, L —, Steven T. Williams Y t,i2 Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA �A� tom. BY: Attachments: Exhibit A – Legal Description Exhibit B – Master Plan Exhibit C – Conditions of Approval CP: 11 -CPS-0 1 118115 CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/17/12 3 of 3 FRED W. COYLE, Chairm 7A DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS I 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" 7A PROJECT: S,R. 846 LAND TRUST EARTH MINE CLIENT: S.R. 846 LAND TRUST Wil 6 s d7 v I Y pjxn n . Enpinan • Eco7DSfsrr • Surwyors . LindJc -pE kchn; ch • Tmspw12(fon Cmsulhnh W11sonMiller, inc. ]700 BEtlry lane. Su(4100 • NWbb FkrWE 1110.5 JJd7 • Vhom 2V- 10 -fOiO • Fa 23➢4614411 - Wrb-d(l, ~,mhpo W4— EXHIBIT "B" - - -- NO BLAST ZONE BLAST ZONE 1' -1500' c"E1012)2007 lEC TNf 116f. ntV w6. 47148 27 I�CIJECT NQ �NOEZ w¢ 04208- 000 -000 DR" EYRAIP wb f-EET w0: i a 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" 7a 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 II. 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. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC 7A 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 52 "d 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 7A 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 4 (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE �� � � / T�/ (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME %VIJ� / ADDRESS Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR w■ �ww ww�. w• w�ww www�� w.• .... ... ��w• r . w..� w.. �..w w..w ... .r..w ww. ww www.. ww�ww ww w..w w..w..��w w�� -.� ..w� �� (PLEASE PRINT CLEARLY ) A end g a Item # MEETING DATE z (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE /-C CA-1 i A/ Cam- NAME ADDRESS Representing/ Petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD A act (PLEASE PRINT CLEARLY) Agenda Item # 7A- MEETING DATE I I Z (Circle Meeting Type) egula Special Workshop Budget AGENDA ITEM TITLE SC- Q�� �-�*'� '��� ry') j"j(1 NAME Representing/ Petitioner: ADDRESS 0' �j 1 P Other: COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD