Resolution 1989-008
JANUARY 10, 1989
RESOLUTION 89-~
RELATING TO PETITION NO. PU-87-26C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED
IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Flor!da Statutes, has
conferred on Collier County the power to establlsh, 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
Comprehensive Zoning Ordinance establishing regula~ions for the
zoning of particular geographic divisions of the County, among
which is the granting of provisional Usesi and
WHEREAS, the Collier County Planning Commission, 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 provisional Use "b" in an A-2 MH zone for earth
,mining and fill pit on the property hereinafter described, and
has, upon review of said petition in accordance with Section
13.1.d. of the Zoning Regulations for the Collier County
Planning Commission, forwarded its recommendation to the Board
of Zoning Appeals; 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 the'petition of Budd,
Hines & Thompson representing Troyer Brothers, Inc., with
respect to the property hereinafter described as:
West 3/4 of Southwest 1/4 of Section 14, Township 47 South,
Range 27 East, Collier County, Florida conl:aining 120
acres, more or less.
/7_
~
'1/0_ 4- I
JANUARY 10, 1989
be and the same is hereby approved for Provisional Use "b" of
the A-2 MH zoning district for earth mining and fill pit subject
to the following conditions:
a. Petitioner shall be subject to Ordinan~e 75-21 [or the
tree/vegetation removal ordinance in eAistence at the
time of permitting], requiring the acquisition of a
tree removal permit prior to any land clearing. A
site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development division for their review and approval
prior to any substantial work on the site. This plan
may be submitted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to
accommodate this goal.
b. Native species shall be utilized, where available, to
the maximum extent possible in the site landscaping
design. A landscaping plan will be submitted to the
Natural Resources Management Department {NRMD} and the
Community Development Division for their review and
approval. This plan will depict the incorporation of
native species and their mix with other species, if
any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat
characteristics lost on the site during construction
or due to past activities.
/"12-
7 "., --:t1
.,~
JANUARY 10, 1989
c. Petitioner shall establish a series of (at least six)
wells on site to monitor changes in the ~ levels
caused by mining activities. The wells shall be
established prior to the commencement of any mining
operations and shall remain through the life of the
project. Petitioner shall coordinate the sampling
regime with the existing National Audubon Society's
(NAS) groundwater monitoring program. Water level
results shall be submitted on a weekly basis to NAS
and NRMD for review. Should water 1e.,els change
significantly I as confirmed by NAS, N,U1D reserves the
right to halt excavation activities until the problem
is corrected.
d. Petitioner shall monitor wate~ aualitv changes caused
by mining activities. Water quality parameters to be
measured should include, but not be limited to, ph,
conductivity, hardness, and chlorides. A complete
list of parameters to be monitored shall be submitted
to NRMD and NAS for review prior to initiation of the
program. Monitoring data shall be submitted on a
monthly basis to both NAS and NRMD for review. If
water quality significantly deteriorates, NRMD retains
the right to halt excavation activities until the
problem is corrected.
e. Petitioner shall monitor for the presence of residual
cesticides in the ground water, prior to the
commencement of operations and collected data shall be
submitted twice a year thereafter to both NAS and NRMD
for review. If significant levels are found,
-3-
o~ .f-ti~4..3
O~49-/9.~
JANUARY 10, 1989
excavation activities shall cease, and the petitioner
shall work with NRMD and NAS to develop a clean-up
program. If no pesticides or only low levels of
pesticides are found after several samplings, the
petitioner may discontinue monitoring for pesticides
upon approval from both NRMD and NAS.
f. Petitioner shall construct ponds for ~oodstorks and
other wading birds in the setback areas of the
excavation simultaneous with the construction of the
parameter swales. The ponds, bufferf and perimeter
littoral swale, designed by Kevin L. Erwin, Inc., in
conjunction with NAS, will be completed (except for
entry area) during the first phase of excavation (~ 25
acres). Prior to mining activity, the plans for such
wetland reconstruction as well as for other aspects of
site restoration, following excavation, shall be
submitted to NRMD and NAS for review and approval.
Said plans shall contain specific reference to the
conditions within this document (Resolution 89-8).
g. The maximum excavation rate shall ~ exceed 20
truckloads per day. If petitioner later wishes to
increase the excavation rate, petitioner shall
initiate a more detailed monitoring program, which
will be submitted to NRMD and NAS for review and
approval prior to an increase in excavation
activities. The expanded monitoring program will
determine the effect of greater excavation on water
levels and water quality in the area.
h. Petitioner shall pave (black-top) and continue to
It,i
"1',:.~
...,
. ~\
.. ..'
, ,
~.
~ii!..r}';,
\" .'~
~
~f'
','
^'
"',
J;:
'.~.
{'
;f.':i
>it!
"',
iff'-
it.
~~~.
,~..
~:
~.
i~,
t\'
,~.
"
,.."
~,
JANUARY 10, 1989
maintain the access road leading from the site to
Immoka1ee Road.
1.
Petitioner shall maintain the trucks in optimal
working condition to reduce the amounl, of truck
noise.
j.
As agreed with NAS, upon completion of each phase of
mining activities (I 25 acres), the land shall be
deeded without cost to Corkscrew Swamp Sanctuary (NAS)
in increments of I 25 acres. NRMD agrees with and
supports this condition.
k. These Stipulations (a. through j.) shall be
specifically stated and included with the site
development plan for the project.
1. Exposed bare ground areas onsite will be restored as
soon as possible and the dikes maintained.
m. Excavation wil1~egin in the northwest corner of the
site and proceed from the west to the east.
n. Groundwater from the pit will flow via gravitational
sheet flow from the pit through the constructed wading
bird forage ponds then over a "T" spreader swale into
existing natural drainage at the northwest corner of
the site.
o. Discharge of surface water to the west side by "T"
spreader at the northwest corner of the site.
-5-
9~/f9-;9,...s-
JANUARY"lO, 1989
Discharge rates will be limited to pre-development
runoff rates or those acceptable to the South Florida
Water Management District.
p. The developer shall provide a dust frE'e surface access
between CR-849 and the earth mining site. At the
intersection of the access point and CR-849, an
asphalt overlay may be required on CR-949 as necessary
to mitigate road damage due to heavy truck turning
movements.
q. Collier County reserves the right to require earth
mining operation to cease upon evidence of any damage
to the County road, unsafe road maintenance condition
resulting from truck traffic exiting the site, or an
unacceptable dust problem in the Corkscrew community,
all as determined by the County.
r. The County Engineer reserves the right to establish
emergency weight limits on roadways affected by the
off-site removal of excavated material; the procedure
for establishment of weight limits shall be the
presentation of an applicable resolution before the
Board of County Commissioners. Should weight limits
be instituted, the permittee shall be ~esponsible to
implement measures to assure that all heavy truck
loadings leaving the permittee's property conform to
the applicable weight restriction.
s. The County Engineer reserves the right under Ordinance
No. 82-91 to suspend or prohibit off-site removal of
-6-
9a?~~Y-4-b
JANUARY 10, 1989
excavated material should such removal create a
hazardous road condition; such action by the County
Engineer shall be subject to appeal before the Board
of County Commissioners.
t. The owner of the property shall be reuponsible for
constructing right and left turn laneG on ImmoKalee
Road at its intersection with CR-849 prior to removal
of any fill off site.
u. These improvements (p., q., r., 5., and t.) are
considered "site related" as defined In Ordinance
85-55 and Shall not be applied as credits toward any
impact fees required by that ordinance. Additionally,
the payment of Road Impact Fees shall occur at the
time of the excavation permit issuance.
v. The owner of the property shall be responsible for
maintaining or upgrading the access road (a portion of
which is County maintained) to minimum County
standards. Included shall be the requirement to widen
the existing county road to 24 feet if and when the
County Engineer deems necessary. The private section
of the road shall be constructed with a minimum of 8"
limerocK base, 24' wide and will be paved for a
minimum of 150' from the County maintained portion.
Appropriate culverts will be installed to prevent
blockage of any natural, overland drainage.
w. Dust along the on-site roadway/driveway will be
reduced by watering, adding rock material to the road
or by other means acceptable to NRMD, NAS and other
-7-
g~~Y-/J-7
JANUARY 10, 1989
relevant County Departments.
x. Operation of the pit (excavation, loading, hauling,
etc.) shall be permitted only on Mondays through
Fridays and shall be limited to the hours between
7:15 a.m. and 6:00 p.m. unless modifi'"d by Board of
Zoning Appeals action.
y. The provisional use shall be re-revie'\'ed by the Board
of Zoning Appeals two years from the elate of approval
(January 10, 1989) and every two years thereafter
utilizing the provisional use criterL, contained in
Section 13 of the Zoning Ordinance 82-2. At each
re-review hearing, the Petitioner shall present to the
Board a complete and comprehensive report on the
operations of the excavation pit. Such report shall
be formally presented and discussed at an advertised
public hearing which shall provide an opportunity for
any interested person to be present and comment on the
report. Upon re-review, the Board of Zoning Appeals
shall be authorized to (I) take no action with regard
to this approved use or (2) take such action as it
deems necessary including a revocation and
cancellation of the use authorized pursuant to this
Resolution or the imposition of such additional
conditions as the Board finds necessary. This
constitutes a stipulated condition between Petitioner
and the Board of County Commissioners upon which
approval of this ReSOlution, in part, is based.
-8-
~
JIO :4 F
JANUARY 10, 1989
z. Neither the approval of this provisional use nor any
financial expenditures made by Petitioner in the
course of its earth mining-related activities shall
give to Petitioner any vested rights to continue with
such provisional use in the event the Board cancels,
revokes or modifies the provisional u~e pursuant to
paragraph ny.1I above.
aa. Farming operations on site shall cease upon
commencement of excavation activities. (This is
anticipated to be at the end of the cnrrent season,
approximately May, 1989.) Once farming activities
have ceased, all dikes, pumps and othc!r structures and
appurtenances utilized for farming ac~ivities shall be
removed.
bb. Interior access will be along the southern boundarj.
cc. No blasting shall occur.
dd. The top-of-bank setback for the lake excavation from
abutting property lines shall be 100 feet to
accommodate perimeter swales and allow for sufficient
buffer from adjacent properties.
ee. The excavation shall be limited to a bottom elevation
of -5.5 feet NGVD. All disturbed areas proposed for
lake excavation shall be excavated to a minimum
elevation of +8.5 feet NGVD.
ff. Prior to the issuance of a building permit, approval
by the South Florida Water Manag~ment District and the
Water Management Director of a surf.,ce water
/J
-9-
/1 Q_ .4 C;
JANUARY 10, 1989
management plan will be provided on the impact of the
excavation and access road on the existing sheet flow
drainage patterns.
gg. Haul routes utilizing public roads sh~ll be subject to
road maintenance and road repair or an appropriate
fair share by the permittee in accordance with
Excavation Ordinance No. 88-26 and Right-of-way
Ordinance No. 82-91.
hh. Off-site removal of excavated materiQl shall be
subject to Ordinance No. 85-55 (Road Impact
Ordinance). A traffic and road impact analysis shall
be made by the County to determine the effects that
off-site removal of excavated material will have on
the road system within the excavation project's zone
of influence. If appropriate, road impact fees in
accordance with Ordinance No. 85-55 shall be paid
Prior to the issuance of an excavation permit.
ii. The Excavation Performance Guarantee shall apply to
excavation operations and also the maintenance/repair
of public roads in accordance with current ordinances
and applicable permit stipulations.
jj. No excavation permit shall be issued until receipt of
a release from the County Engineer applicable to
proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 82-91,
Ordinance No. 85-55, and Ordinance No. 88-12.
-10-
/)
,/,0 _ -4. /(;
"
"I,,:i
,.,'.,( ~-
'J
'fF,
'~
,q~
JANUARY 10,1989
the minutes of this Board.
BE IT FURTHER RESOLVED that this resolution be recorded in
comrnissi.nner
Volpe
foregoing resolution and moved its adoption, seconded by
and upon roll call, the vote
commissioner Goodnight
offered the
was:
I'~">""
"''';''.' ,
':.,.; '.
":~,';""/;
'. ;(,,' ,.~
",
;:"1
''I:
'",
",
"'I"
-.' "
.'
:~
.~
~:r:t;
"
NAYS: Corrnnissioner Hasse
AYES: Commissioner Volpe. Commissioner Goodnight. Commissioner Saunders,
Commissioner Shanahan
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
10th
" '
ATTEST: ,'.' ,."
JAMES C. GILES ....CLERK
~ / .:
t.
~. ' ~
.j::f/;;;~N~ ~ ~., ,.IM'
'A~'PROVED AS TO':' RM AND LEGAL
. J , . ,.~
'/ .\., oJ
.II I'"~
~ MARJORIE . STU
___ ASSISTANT COUNT
PU-87-26C RESOLUTION
day of
, 1989.
January
BOARD OF ZONING APPEALS
::~;'
T L. SAUNDERS, CHAIRMAN
SUFFICIENCY:
-11-
!?c?-'iU /f 9-#' //