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Agenda 05/13/2008 Item #17E Agenda Item No. 17E May 13, 2008 Page 1 of 27 EXECUTIVE SUMMARY CUR-2008-AR-12955, Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution No. 2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use approval to determine whether additional stipulations or mitigation are necessary. The subject property, consisting of 2,576 acres, is located east of Immokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 & 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review an existing Conditional Use for the excavation offill material and blasting of material approved by Res. No. 07-274 and approve the resolution which limits the blasting to 2 days a week and not to exceed S blasts a month. CONSIDERATIONS: - On April 22, 2008, the BZA held a public hearing and reviewed an approved Conditional Use, CU-04-AR-6904 (Res. No. 07-274) for an earth mining activity in the Rural Agriculture Mobile Home Overlay (A-MHO) Zoning District. The BZA directed staff to revise the approved Conditions of Approval for Res. No. 07-274 to limit the OCCUITence of blasting activities from IS times a month to S times a month for the business commonly refeITed to as "Jones Mine". FISCAL IMPACT: The Conditional Use by and of itself, will have no fiscal impact on Collier County. The inclusion of impact fees and taxes collected are lor infolTIlational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMPl IMPACT: -- The subject property is designated as Rural Agricultural/Rural, Rural Fringe Mixed-Use District (RFMUD), Receiving Lands, on the Future Land Use Map of the Growth Management Plan (GMP). The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands lying farther to the east. The GMP allows for earth mining activities within the RFMUD Receiving Lands. The Collier County Land Development Code also indicates that earth mining activities are permissible as conditional uses in the RFMUD Receiving Lands. Based upon the above analysis and review, staff concludes that the Conditional Use for the earth mine in the Agricultural zoning district may be deemed consistent with the Future Land Usc Element. Page 1 of2 Agenda Item No. 17E May 13, 2008 Page 2 of 27 LEGAL CONSIDERATIONS: This Resolution memorializes the BZA action taken on this item at its April 22, 200S meeting. (MMSS) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) accept the revised Conditions of Approval and approve Petition CUR-200S-AR-12955, Land Trust Earth Mine to allow the continued use. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review Page 2 of2 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E Page 1 of2 Agenda Item No. 17E May 13, 2008 Page 3 of 27 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUR-200B-A.12955, Mining Venture, LlC., represented by R. Bruce Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use approval to determine whether additional stipulations or mitigation are necessary. The subject property, consisting of 2,576 acres. IS located east of lmmokalee Road (CR-B46), approximately 2 miles north of Oil Well Road (CR-858) In Sections 35 & 36, Township 47 South, Range 27 East and all of Sections 1 & 2, Township 48 South. Range 27 East, less Road Right-of-Way for County Road 846, Collier County, FlOrida 5/13/200890000 AM Prepared By Melissa Zone Community Development & Environmental Services Principal Planner Date Approved By Judy Puig Community Development & Environmental Services Zoning & Land Development Review 5/2/20085:15:49 PM Approved By Ray Bellows Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/5/20089:19 AM Approved By Marjorie M. Student-Stirling County Attorney Chief Planner Date Approved By Joseph K. Schmitt Community Development & Environmental Services Zoning & Land Development Review 5t5f2008 9:25 AM Approved By OMS Coordinator County Manager's Office Assistant County Attorney Date Approved By Mark Isackson County Attorney Office 5.15/2008 1 :34 PM file://C:\AgendaTest\ExlJort\ I 07-Mav%20 13.%20200S\ 17.%20SUMMARY%20AGENDA\1... 5/7/200S Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5/5(20082:47 PM OMS Coordinator Date Office of Management & Budget 5/5/20084:19 PM Budget Analyst Date Page 2 of2 Agenda Item 1'0. 17E May 13, 2008 Page 4 of 27 County Manager's Office Office of Management & Budget 5/5/2008 7 :05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/6/2008 1 :32 PM tile://C:\AgendaTest\Export\ I 07-Mav%20 13,%20200S\ 17.%20SUMMARY%20AGENDA \ I... 517/200S RESOLUTION NO 08- A RESOLUTION OF TIlE BOARD OF ZONING APPEALS OF COLLIER COUNTy, FLORIDA, AMENDING RESOLUTION NUMBER 07-274 WHICH ESTABLISHED THE JONES EARTHMINING OPERATION CONDffiONAL USE TO AMEND EXHIBIT D, CONDITIONS, BY REVISING THE NUMBER OF MONTHLY BLASTING ACflVITlES. WHEREAS, on September 25, 2007, lbe Board of Zoning Appeals (BZA) approved a conditional use for an expanded earthmining operation (Petition Number CU-04-AR-6904) by Resolution Number 07-274, a copy ofwmch is attached hereto as ExhI'bit 1; and "\VHEREAS) said conditional use approval was made subject to severa) conditions attacbed and made a part of Resolution Number 07-274 as Exhibit D thereof; and WHEREAS, Paragiaph 3 of said Exbib;t D requi.red that. this earthmining conditional use operation be evaluated by staff and be brought back to the BLI\. for further review; and WHEREAS, on April 22, 2008, staff did bring back the earthmining conditional use for BZA review and the BZA did review it; and WHEREAS. the BZA as a result of its review and hearing on the matter determined tbat certain changes to said Exhibit D conditions where necessary; and WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as Exhibit 1 with a revised Exhibit 0 attached hereto as Exhibit 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZON1NG APPEALS OF COLLIER COUNTY, FLORIDA that: Exhibit D of Resolution Number 07-274 is amended to read as set forth on the revised Exhibit D attached hereto as Exhibit 2 and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and superwmajority vote, this _ day of ,2008. ATTEST: Dwight E. Brock. Clerk BOARD OF ZONING APPEALS COlLIER COUNTY, FLORIDA By: By: TOM HENNING, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: 1[(i"{lY Marjorie M. Student-Stirling-- Assistant County Attorney MMSS - amending Reso. No. 07-274 1 Words stIUG1: througlt are deleted; words underlined are added, Agenda item No. HE May 13, 2008 Page 5 of 27 .L\genda item t-Jo. 17E May 13, 2008 Page 6 of 27 Collier Countv Conditions of Approval CU-04-AR-6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. ]. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to tbe public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insnre compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code proceduml reqnirement for appeals. 4. This Conditional Usc for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or www,jonesmining.colll. 9. To reduce the impacts to the neighborhood. and to account for changes in wea.ther conditions, air blasts shall not exceed a maximum limit of 120 db!. ] O. Ground vibration shall be allowed up to and not to exceed a calendar monthly averagc of 0.20 inch per second. Exhibit D of Resolution 07-274 - revised 5-1-08 MlvlSS Exhibit 2 Words _I: throu!;h are deleted; words underlined are added. Agenda Item No. 17E May 13, 2008 Page 7 of 27 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eigllteel1 (18) blasts number of blasting activities shall be limited to eight (8) davs per month and the maximum number of holes per month shall not exceed 1,680. 13. 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 terminated. 14. 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, 15. 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. ] 6. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. 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 residential stmctures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be pemlitted as part of the buffers. ] 8. 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. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the Jaws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set fOlih in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended, 22. 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. Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS Exhillit 2 Words strode through are deleted; words underlined are added. ,AC19nda item No. 17E ~ May 13, 2008 Page 8 of 27 to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 23. 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 eighlceR (18) times-a eight (8) davs per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. 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 Di vision and all costs of the constmction of the southbound Jane as well as the land for right-of-way shall be the applicant's responsibility. 27. 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. 28. 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. 29. During each blast a seismograph machine shall be placed in three locations; at the northem property border closest to Fawn A venue and adjacent to the closesl residential structure; at the southern propeliy border adjacent to the c10sesl residential structure between 16th Street N.E. and 20lh Street N.E.; at the eastern property border between 52nd Avenue N.E. and 581h Avenue N.E. 30. 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 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. 31. An approved indigo snake plan is required to be implemcnted 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. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, ExhibitD of Resolution 07-274 - revised 5-1.08 MMSS Exhibit 2 Words struck thraagh are deleted; words underlined are added. Agenda Item No. 17E May 13, 2008 Page 9 of 27 woodstorks, Florida black bear and other listed species will be required prior to excavation permit approvaL 33. 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 the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Deparunent staff. 34. 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. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall rernain in effect, but only to the extent they are not in eonflict or inconsistent with these stipulations. 38. The water table in adjacent on-site wctlands shall be monitored. Levels shall be recorded and repOlted 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. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo fonnation shall be forwarded to the County. The infonnation from the FWC shall be provided to the applicant upon receipt. 40. 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, 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depict.ed on the attached map. Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words struek through are deleted; words underlined are added. i\genda Item No. 17E May 13, 2008 Page 10 of 27 -~-l ~ NO BLAST ZONE DBLAST ZONE PROJECT: S.R. 846 lAND TRUST EARTH MINE S.R. 846 lAND TRUST CliENT, _.Ic..nU<"~1II WilsfmMiller _.~._~.._'" ... P/umm . Et1g1oeers. Et;C/"rflSU . Su.Wyor~ . l;mdsulp~ AI-~hltl!"~ . TQI"'.;SjJod.llloo CahtlIftaonts vmsonMlller, Inc. "='- "" 1'=1500' ~ ~:l!;: 47f48 2-7 ..'" , 0/2/20-07 ,*V.Io,"'tl, m"D~IJ~yl.tn~, SII/ft i!(;~ . /I..p/r;~. rlori:i~ J4r115-65Gr. l'~o.'lO 239-6<94lift1 . I'M 13'.26!~4H . l'r'~!J...5;1t 1I'IIW,~ISMmJ:IY.cllm PI1OJ~C.ll<tl. 04208-000-000 fl"Wf>~'I'IIi!.lI''''i:,l. 11#)~);HQ: SItGHOJ;): 1 ~, . 'M.t n Agenda Item No. 17E May 13, 2008 Page 11 of27 RESOLUTION 07-.21.A.- A RESOLUTION OF TIlE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXlMUN DEPTH OF 45 FEET, OR TO TIlE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL- MOBILE HOME OVERLAY (A-MHO). IN COMPLIANCE WITH All. BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COll.IER COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY' LOCATED 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 SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 8# (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99-420 AND 06-157. WHEREAS, Ihe Legisr.!u," of the SI.le of Florid. in Ch.pler 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning llnd such business regulations as are necessary for the protection of the public; and WHEREAS, lhe County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) 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, a copy of which is attached as E;.;.bibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same propeny which is the subject of this conditional use petition, which property is described in Exhibit B; and WHEREAS, on June 20, 2006, hy Resolution 06~157. a copy of which is attached ll.'l E;.;.hibit F. the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respe~:t to the same property which is lhe subject of this conditional use petition; and WHEREAS, the owner of the subject property. Mining Venture. LLC, has filed Petition No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and WHEREAS, the panies wish that this Resolution supersede and replace Resolutions No. 99-420 and 06-157. so thilt this Resolution sets forth all conditions for (he granting of the Conditional Use for the subject property; and WHEREAS, rhe Board of Zoning Appeals (Board), heing the duiy appointed and constituted planning board for the area hereby affected, has held a public hearing after notice 3!:. in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and Page I of 2 Exhibit 1 (17 pages) .A;)enda Item No. 17E May 13. 2008 Page 12 of 27 WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning aU applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of the Ltmd Developmem 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: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter de..<>eribed in E:-:hibit "B" attached hereto ~nd incorporated by referenc.c herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural-Mobile Home Overlay (A-MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of material in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance wirh the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D" which is attached hereto.and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolutions No. 99-420 and 06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this ~day of ~f'Ii;;J??IY/> ,2007. AITEST: DWIGHT E. BROCK,CLERK r1Clerk J MES COLEITA, Chairman By: Page 2 on Agenda Item No. 17E May 13, 2008 Page 13 of 27 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,,/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes i/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or LAffect mitigated by '--~+''pL' i('.."ch~~ .'~,.\d"l\ k'L/ (.( )l: _ Affect cannot be mitigated 0, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No Based on th.e above findings, this conditional use should, with stipulations, (copy attach.ed) (should not) be recommended for approval. CHAIRMAN: .Ci.....,_,. " "\ (., : I.t I' .>J ~\h......, 9: " DATE: )' (.II \ 1 EXHIBIT A -----r-~~........,.-,..>..--.-'---.--~' Agenda item No. 11E lv1ay 13, 2008 Page 14 of 27 FINDING OF FACT BY COLLIER COUNTY PLA.~NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Cooc and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thcreon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe: Adequate ingress & egress Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or ooor effects: ~No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Ycs /" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. - ~ DATE: '1'1 c 7 MEMBER: Agenda Item No. 17E May 13, 2008 Page 15 of 27 FINDING OF FACT BY COLLIER COUl\'TY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affeL1: the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Lan7d De..,elopment Code and Growth Management Plan: Yes_ No_ B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow a' ,d control, and access in case of fire or catastrophe: c. Adequate ingress & egress; , Yes_ No Affects neighboring propertles in relation to noise, glare, economic or odor effects : INo affect or Affect mitigated by --..- ~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within disf Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 01 \ MEMBER. ~~~ ~ L Agenda item No. 17E May 13. 2008 Page 16 of 27 FINDING OF FACT BY COLLIER COUNTY PLAA"NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Grov.1h Management Plan: Yes ;....// No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe: Adequate ingress & egress Yes" I No -"---- - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~_ Affect mitigated by (ri,.r,,'I',!":", (!f v:t'll:":;,(, 1 _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district V Yes No Based on the above findings, this conditional use ShO:~/Vith stipulations, (copy attached) (should not) be recommended for approval. 1 I II MEMBER: i'.! I'.',.;,','J"" ir _ ,.'" ,.'1;\ :l i" , \ DATE: \' \ Agenda Item No. 17E May 13, 2008 Page 17 of 27 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land D~lopment Code and Growth Management Plan: YesL No_ B. lngress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: C. Adequate ingress & egress / Yes~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: bo affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district . YeSLNO_ Based on the above findings, this conditional use should, with stipulatiollil, (copy attached) (should not) be recommended for approval. DATE: &,~;J -0 ;7 MEMBER~ ~) ?- ~6 c-;r./ V,....-? c:- /o/....:::;r- ~_. ,- - _.~..~-"----"---~,.~-'".....> .-.. ..- .. Aoenda Item No. 17E - May 13. 2008 Page 18 of 27 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The follov,1ng facts are found: I. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes-$ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes r:: No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes..!t- No___ Based Oil the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: K - lJ..- 0 7 - MEMBl6~=--d ~J . Agenda Item No. 17E May 13, 2008 Page 19 of 27 FINDING OF FACT BY COLLIER COUNTY PLA!'I'NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency -with the Land 7inent Code and Growth Management Plan: Yes L' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: C. Adequate ingress & egres/s / Yes~ No Affects neighboring properties i1}relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diS~ Yes _ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: "[;;? ,~..-. ,/ ~) . , , , ' ,./ MEMBER: ,:;;, . ---.-- :':I.aenda Item No. 17E ~ f',1ay 13, 2008 Page 20 of 27 FINDING OF FACT BY COLLIER COUNTY PLAr-.'NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by ) }.1)/111 .> n P II L /I TIO~ _ Affect carnot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district iv. ;'7-i ::;: /7 h,' !-.11 (7{!/..I-:.:, Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: f/~) tJ! -, I MEMBER: /I ('~n,u 1:;,,/( (It.,'''~-G Agenda Item No. 17E May 13, ;2008 Page 21 of 27 LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 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 (lMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" ----------- woor--. r--.ON ~~O ci .0.1 Z~N ~ >, ill C ro 0) g<2~ ~ ~ ~ Q.J 0: Oi OJ ... <l: ;:; W oo:::l OQ ~~ <n:....11 '1'....... 0::00 <fre~ ~.;J-' 0,,'" 01>>" f1 '0' ~ :::l ~ CO OQ.Q ~ I. I IHI 111.11 if 111111 g l!! i,llll 4 I ; r I .1.11 ! n I':'!III'~..'. Cu::::o : I : 11 "j . ,. ';';': I I I " . . ~'- . 'I ~ ] . -[1 . ' g ;, :i II II II r t II i i i i i i I d I i, I !l i' ! j I ! ! 1I~ nil III ~lu"}lLQIHSI ~ PI lj 111 II. ~ I c:.:t " D.. - = ::oc: ... I I I , Ii I' {I , '''1 Agenda Item No. 17E May 13, 2008 Page 23 of 27 Collier County Conditions of Approval CU-04-AR-6904 Land Trust Earth Mine This approval is conditioned upon the following stipulatiollS because of the close proximity to Golden Gate Estates in Collier County. 1, The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare, 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will i.nvestigate blasting complaints. The finn and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code proccdural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for scttlement of any claims for structural damages directly resulting trom blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or .www.jonesmining.com. 9. 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 db!. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Agenda Item t..Jo. 17::: May 13. 2008 Page 24 of 27 II. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eighteen (18) blasts per month and the maximum number of holes per month shall not exceed 1,680. 13. 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 ha~ terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employces of Jones Mine are aware of the monitoring plan. 15. 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. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. 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 residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not he permitted as part of the buffers. ] 8. To lessen the potential for [loise, 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, (Le. 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. 19. Blasting is allowcd only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted Ln 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 22. 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 sUITounding residential properly owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hoW's 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. ExhibitD Agenda Item No. 17E May 13, 2008 Page 25 of 27 23. 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 eightcen (18) times a month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be detennined 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. 27. 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. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipmcnt will be used in the reclamation process, 29. 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 closes residential structure; at the southern property border adjacent to the closes 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. 30. A pre-blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Plmming Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with 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 flied with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any cOllStruction including site clearing. The name and contact information of a qualified biologist who will monitor work shaU be supplied to Environmental Services Department staff at the prc-construction meeting or prior to excavation permit approval. 32. 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. 33. 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 Exhibit D .Agenda Item No. 17E May 13, 2008 Page 26 of 27 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 the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. 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 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the cxtent they are not in conflict or inconsistent with these stipulations. 38. 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 Scptember for 5 years. The results shall also be provided to the EnvirOlm1ental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded t.o the County. The information from the FWC shall be provided to the applicant. upon receipt. 40. Expedited permitting shall be pursued t.o ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation penuit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D I Agenda Item No. 17E I.l~y ~ J, 2000 Page 27 of 27 PROJECT: CLIENT: S.R. B46 LAND TRUST EARTH MINE S.R. 846 LAND TRUST _......n......~~ Wi/808M;/ler ~._".~_..._w ,. Plilnnrr:l . Englnnn . E~ol"!1".1$ . s:srveyo/'$ . LandUllpe Arr;h/tt>els . ifimrportllrlon Consttftmtfl W;/sonMiller, Inc. JZDO BIlII.-y/'l1t. SuJu-l~ . N~u, Flom/l341CS-I5Cl . /'Ilent Z39"~~S~04g . ru 2.:J9.2t:'.~94 . Wfb-SII!! llIi!'lV.wi/wlrmJ!1or"llIll l:'vninir n ~ NO BLAST ZONE D BLAST ZONE Sc.Al.t.: [>>..TE: 10/2/20-07 ~t...~o: 1-=1500' ~ ~ 47/48 27 PROJE(:TNC). 04208-000-000 "" IWQ~>;"l>: OHWN 'Y~M~ NO. SH~E1 NO: 1 ~ 1