Resolution 2006-157
RESOLUTION NO. 06-157
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR EARTH MINING WITH
EXCA V A TION OF FILL MATERIAL TO A MAXIMUM
DEPTH OF 60 FEET, OR TO THE CONFINING SOIL LAYER,
WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN
AN AGRICULTURE (A) ZONING DISTRICT IN
COMPLIANCE WITH ALL BLASTING REQUIREMENTS
PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES AND
SECTION 10.02.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
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, the Board of Zoning Appeals approved Resolution
No. 99-420 for a conditional use for earth mining activities over the same property which is the
subject of the instant conditional use petition; 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 has considered the advisability of a conditional use for earth
mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil
layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District pursuant to
Section 10.02.03 of the Collier County Land Development Code on the property hereafter
described, and the Collier County Planning Commission 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.D. of the Land
Development Code; and
WHEREAS, all interest parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters present.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining
Venture, LLC, and with respect to the property described in Exhibit "B," attached hereto and
incorporated by reference herein, be and the same is hereby approved for a conditional use for
earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining
soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District
Page 1 of 2
pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with
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.
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.
Done this :s-Ou~ day of f:}.C) , 2006.
ATTEST:
DWIGHT E. ~ROCK, Clerk
BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA
~'~rd-k(
At'vut Ai too.I1~~uty Clerk
11cl1i!turt onl.
Approved as to form 'and
legal sufficiency:
By:
~.>-~~/
FRANK HALAS, Chairman
~.=m ~-1Jt4p .
k-:n Jeffrey Klatzkow ,
l:5' Assistant County Attorney
Page 2 of 2
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
/ No
Yes
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~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or /' Affect mitigated by <text> l'3.el'lVI'S >r '5c..'VlollV.s
_ Affect cannot be mitigated \ -\<:l'->--< \ c5b 'f---U~~~ +-
6~S:- 1-1 V oAAl.Iv\ ,lfY'"
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /NO
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: & 'f - 0 (,
CIWRMAN:~(~ ~Ak-
Exhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
Yes V 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~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
v' No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
/..(...1) (
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MEMBER:
1;.
78
tl
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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 Lanrevelopment 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:
C.
Adequate ingress & egr~s/
Yes \.1 No
Affects neighboring properties in relation to noise, glare, economic or odor
~fits:
" No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within di7
Yes No
Based on the above findings, this conditional use should, with tipulations, (copy attached)
(should not) be recommended for approval.
DATE:
,12/0
I I
MEMBER:
\jOO 5)e~\Gftl'-
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
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 ~. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
~.
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
MEMBE~
DATE: t J I J 6 l..
, /I
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
Yes I 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
C.
-. LA-Jl-r-H ItM I 17 tJ IJ ft:.L "5tJ /A. TIt 6tJ JA./J1)
Yes V No -nte.tJ ut1J&
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~Affect mitigated by <WIYI;S 4- ~I N~
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f.tJ J J D &
I I
MEMBER: AJo.-nnL-. ~ (~
~D
"]
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU -2006-AR-9699
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:
Yes 01 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 <text>,3.€'.<II?",I -r./CU.E,JJ
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
Based on the above findings, this conditional use should, wi~ stipulations, (copy attached)
(should not) be recommended for approval. \
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MEMBER: I~vf.uvi I, j ,f >~
DATE:
78
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU -2006-AR-9699
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 De/lopment 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:
C.
Adequate ingress & egres~
Yes No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ffect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (co
( should not) be recommended for approval.
DATE: tf --r de
MEMBER:
fib" c:::-.e T c:;/ / & ..f' ,/e1' /7/
,\-'1. ';" '"
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1]
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-9699
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:
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
YesY::- No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or L Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesX No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: $ ...j.-oL
MEMBEC::- ~
78
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 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
'EXHIBIT "8"
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?B
Collier County Conditions of Approval
CU-06-AR-9699
This approval is conditioned upon the following stipulations because of the close
proximity to Golden Gate Estates in Collier County.
1. The conditional use approval shall be reviewed one year from the date of 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 following standards in their review and in
the event of the inability of Development Services and applicant to agree upon
additional stipulations or mitigation, the matter will be referred to the Board of
Zoning Appeals using the Land Development Code procedural requirement for
appeals. The standards for review are declared in the stipulations of Conditions of
Approval for CU-99-16. This condition hereby supersedes stipulation "b" of CU-
99-16 Conditions of Approval, as that stipulation may relate to this conditional use
(CU-06-AR-9699).
2. 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 be permitted as part of the buffers.
3. 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 ofthis conditional use.
4. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase 1.
5. The proposed use shall not adversely increase the quantity of water run-off.
6. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
7. 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.
8. 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
Exhibit D
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 9.
9. 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) times a month with a three (3)
second maximum duration with a low volume and close pattern to minimize noise
and vibration. This condition hereby supersedes stipulation "f' of CU-99-16
Conditions of Approval, as that stipulation may relate to this conditional use (CU-
06-AR-9699).
10. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower. This condition hereby supersedes
stipulation "g" of CU -99-16 Conditions of Approval, as that stipulation may relate
to this conditional use (CU-06-AR-9699).
11. Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
12. 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.
13. 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.
14. 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.
15. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closes 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 52nd Avenue N.E. and 58th Avenue N.E.
16. 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.
Exhibit D
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17. 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.
Exhibit D