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Ordinance 92-002 · I I I ORDINANCE 92-' ~ ~-~"~ ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF u · EARTH MINING AND RELATED PROCESSING ?~,' -- USE IN TIlE "A# ZONING DISTRICT FOR '.. '.' LOCATED IN SECTION 9, TOWNSHIP 48 SOUTH,:~ 27 F-~ST, COI~IER COUI~Y, FLORIDAi BY :STABLISHING THE RELATIONSHIPS BETWEEN ORDINANCES.:' . AND RESOULTIONS; AND BY PROVIDING AN EFFECTIVE ' .. DATE. ~. '' WHEREAS, the Legislature of tbs Stats of Florida In Chapter 67.-1246, Laws of Florida,.. and Chapter 12§, 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 '" ~-':'~WHI~W.~S, tl~e County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-10l) establishing regulations for the zoning of particular geographic divisions of ,the County, among which is the granting of Conditional Uses; and ~ ..~ WHI~t. EAS, the Collier County Planning Co~tsston, l:~tng the appointed and constituted planntn~ hoard for the area hereby ..;.'~.., . ~ -... i;affected, has held a public hearing after notice as tn said made and Provided, and has considered the advisability Conditional Use "1" of the Land Development Code tn an "A" zone i. for earth mining and related processing on the property hereinafter described,, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerni, ng all applicable matters required by ~aid regulations and tn accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all tnter.e, sted 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, 'i'~IEREFORE BE IT ORDAINED, BY TIlE BOJ~RD OF ZONING APPEALS of Collier County, Florida that: -1- ,'SECTION ONE: Grant Of Conditional Use. The petition filed by George ~. Varnadoe, Esq., of Young, van Aseenderp, Varnadoe and Benton, P.A., representing Highway Pavers, Inc., wtt~eg~t E~i~['~rwhi~h"ti attached hereto uod incorporat*d by referee' here'ih" 20; :_.- z~-" ~ and the'.'~.ame't~'h~'reby approved for' 'Co~[t~onal Use "1" of the "A" zoning d'istrlct for earth mining and r~.t~ted processing acco~e ~ith ~hetC~nceptual Master Plan (Exhibit "C") and :~-, ~r~ ..... " g~tbit "D" which ts attached hereto and incorporat.d by · r:,rc:~ zcrmference:'heretn~' SE~I~.:r.'Relationship Between Ordinance and Resolution Granting Conditional Use. ~EKI .~ '.'~ ce.' ..... ~' .. = ' : · ' in the event that ts should be dete~tned that the grant of . i.~L: :'=~,.. conditional uses should be by Resolution, then this Ordinance:shall ,constitute a Resolution for such purpose. "~ ', 'SE~~EI ' Effective Date. , ,:, ..:, ~ts Ordinance shall become effective upon receipt of notice 'from~ ~ecreta~ of state that ~ls Ordinance has .been filed wt~ -; '. ~.Smcreta~ 0f State. '~' ~ D~Y ~ED by ~he Board of Zoning Appeals of · 'Collier... ., . Cowry, Florida, this .~ day o~, 19~ ~,.') :' ' BO~ OF ZONING APP~LS ........ : ' ' C ~DRI DA ' BY:/ · ' "" ' · [ C~I~ % ".. .... :.'%;?' ~.:' ~ls ordinance f;[ed with tho H. ~to~ of ~ote's Office~ ' ASSIST~ CO~Y A~O~EY ~doy of~ ond ocknow~d~em~n~he~ GU-91-14 RESOL~ION nb/e~eo o ' : "FINDING OF FACT COLLIER COUNTY PLANNING COMMISSION :~ ~ · FOR ~ A PROVISIONAL USE PETITION ,~'~"~' . ~r,~.:': ;. ' .: ' : ' :. "' FOR' The following facts are found: 1.Section ?.gb.3)(a) '., Of the Zoning Ordinance :authorize t · provisional use. SF?TI~ "'~:~Grantiag. Tth'e 'provisional use will not adversely affect !" the publi~"inte'fest and will not adversely affect other ~ ,:, property or uses in the same district or neighborhood ;. 7. :.'because Of: ?.i',i,,.,, ,'... r ..... -A.. : Consistency with the Compr, mhensive Plan: , . Complies with C~fprehensive Plan .' ............... 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: ''"' .... ."" ' Yes _~__No : .' C. Affects neighboring properties in relation to · pA??.., noise, glare, econom/c or. or effects: i~ . .... No affect or L,/'Affect mitigated by · c. "' Affect cannot be mitigated :..:-. ,.. D. General compatibility with adjacent properties and other property in the district: : Compatible use within district Based on the above findings, this pro~isional use should, with stipulations, (copy attached) (should not) be ,7 /gq/ ,, FINDING OF FACT MEMBER - '~ '. EXHIBIT "A" DESCRIPTION: ' ': '' ' PART OF TRACT "A" LYING EAST OF THE NORtH/SOUTH QUARTER LINE OF SECTION 19~i~'TOWNSHIP 48 .SOUTH, RANGE 27 ~.AST, OF GOLDEN GATE ESTATES, UNIT NO. 52, AS PER PL~T. BOOK 7~ PAGE 92 OF THE PUBLI¢.RECORDS_.OF .COLLIER COUNTY~ FLORIDA. ALL"BEING IN.AND A. PA~T OF SECTIONS 9 AND 10 OF TOWNSHIP 4S SOUTh{, RANGE 27 COLLIEA'COUNT¥~:~LORiDA,- SUBJECT TO ~ASEMENTS AND R~STRICTIONS OF RECORD, 'CONTAINING 191.962ACRES /~ORE '~R LESS. AND · :'to. oF ~CT -~"' ~'~G' I. THE EAST Z/2 OF THE WEST ~./2, XSO THE 1/4 OF THE NoR~rWEST i-/4 OF "GOLDEN GATE ESTATES", UNIT NO. 52, AS PER BOOK 7, PAGE 92 'OF THE PUBLIC R~CORDS OF COLLIER COUNTY, FLORIDA. -- F2~ST 1/2 OF THE NORTHEAST 1/4. OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 48 :RANGE 27 EAST, .0~ COLLIER COUNTY, FLORIDA.' ; ~% - . :? ~ .../~... · AND ~OUTH~ST '1/4"0F THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 27 ~,OF~COLLIER COUNTY, 'FLORIDA.. .: .:.: AGREEMEN? I, George L. yarn~doe, Esq.~'of Young, van Assenderp ...... Varnadoe and Benton, P.A., as authorized agent for P,tition CU-91-14, agree to the following stipulations requested by the Collier County Planning' Commission in their public hearing, on November 7, 1991' . i,i'..Planntna Services: ~"a. The Planning Services Manager, may approve minor changes in the size, location, siting, or configuration of excavations, and improvements authorized by the provisional use. Expansion of the uses identified and approved within this provisional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new provisional use application, and shall comply with all applicable County ordinances in effect at the time of submi~t~,. ~Rc!udin.g..Division 3.3 ~Land Develgpment Code", Site Development Plan Review and approval, of the Collier )..~.,i../.~.County ~and. Development Code. ~Transmortat~n: .....~ · The"petitioner shall provide left and right turn lanes on :~.. {. Immokalee Road at its intersection with 43rd Avenue NW. -.If Wilson Boulevard is to be used as a haul route, "' ... appropriate turn .~anes shall be provided at its <.~'..lnterseotion with Immokalee Road. · b. The. road impact f~e shall be as provided in Ordinance 85-~5 as amended and shall- be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Access improvements'shall not be subject to impact fee credits and shall be in place before any materials are removed from the site. EXHIBIT "D" d. All access roads between the sxcavation site and C~ 84S shall be maintained to the satisfaction of tbs County and a security bond shall Be. provided in an amount not less Fi than $25,000. e. An appropriate canal crossing west of 43rd Avenue shall be · designed-,- permitted~'.constructed, and maintained by the " :':' applicant..' (Reference the attached "Standard Conditions" for additional controls, conditions, and regulations ,.. . ~appl~abls tol. op~atibns and off-site impacts.) ~ f. Haul routes between an excavation site and an arterial i~ road shall be private with property ~wner(s) approval or ~.. .. ..... h~b~--a~public collector road built to standards applicable to handle the resulting truck traffic. Where residential arsas:.front collector roads, appropriate turn lanes, · buffer and bikepath shall be required as minimal site --. i~pro~ments and if recommended for approval, shall be so ~ ~.ith-=-the condition that the Transportation Services ,'.. Administrator reserves the right to suspend or prohibit ~ ~ff-site removal of excavated material should such removal ~ create:' a hazardous road condition or substantially '~ ~teriorate -a road condition; such action by the ~. _ T~an~portation Services Administrator shall be subject to appeal before the Board of County Commissioners. '~!* g. Ha~l' routes utilizing public roads shall be subject to road maintenance and road repair or a~ appropriate fair ii share .by the permittes in accordance with the excavation ., :~':~i'.?p~ovisions in Division 3.5 "Land Development Code" and ~- Right-of-Way Ordinance No. 82-91. ;.,,7 h. Excavation ope~ations and off-site removal of excavated material shall be subject to Ordinance No. 85-55 (Road Impact 'Ordinance). A traffic and road impact analysis , shall be submitted by the applicant or be made by the {i:' County to determine the effects that off-site removal of e~cavated 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. 8§-55 : shall be paid prior to the issuance of an excavation t. permit. i. The Transportation Services Administrator reserves the ;,. right to establish emergency weight limits on public 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 Commissiomers. Should weight ~.,, limits be instituted, the permittee shall be responsible .', %~ implement measures to assure ~at all heavy truck loa~i~gs .leaving the permittee's property conform to the ,,~ ~pricable w~ght restriction. ,.. ,.!,,,:,~ J. The Excavation S~curity Bond shall: apply to excavation 6~e~[6~'and ~ls0 t~e maintenance/repair of public roads ~ 'accordance' 'with current ordinances and applicable ~srmit'stipulations. k. ~edc'~0n ~0ii boring information per the Excavation provisions in Division 3.5 "Land Development Code", a .~::~ ~ti~g~'permit ~may be appropriate; should a blast.lng ~i",' pe/-mitilapp~ication be submitted and should residential · a~eas -exist within one mile of the excavation site, the :' Coun~r~:rese~ves the right to deny a blasting permit based ii' °~'~:con~erns for off-site impacts from blasting at an exSavation site. Should a blasting permit be considered a~r"'aDproVed, the minimum conditions of approval in 'addition to conditions per Explosive provisions in ~ , Division 3.4 "Land Development Code" are as follows: ~.,. .f~e' Structure inventory/m6~itoring and applicable '~ ,p~0perty owner release as required by the Project ~;~ ....... Review services Manager. 2. Security bond applicable to private property damage i!,~..,acoeptable to the County. '~ .'.'COntrol of size{depth/number of charges per blast by " the. Project Review Services Manager. '~ '~ The 'right of the County to suspend and/or revoke blasting permit authority should it be determined ¢~.,~ . that blasting activities are creating unacceptable '' off-site conditions either in terms of private {~, property damage and/or related physical effects of ii?'-. blasting operat'lons. 1. No excavation permit shal~' be issued until receipt of a ,' release from the Project Review Services Manager · ~ applicable to proper mitigation of off-site impacts, ~.~:' meeting of applicable provisionsof Ordinance No. 82-91, ~. Ordinance NO. 85-55, and Explosive provisions in Division 3.4 "Land Development Code". a. The developer and all subsequent landowners hereby placed on notice that they are required to satisfy the ~. ]i. requirements of all County ordinances or codes in effect iV.,'- prior to or concurrent with any subsequent development 2, orde~ relating ~'o'this site. This includes, but is not l~mit~d' to, Subdivision .Master Plans, Site Development .Pla~m'.'and'any o~he~.aPPlication that will result in the ~'.. ~ssuance of a final or final local development order. z~, ~th'~n~ :impr.~Ve '..the"~10ad 'carrying capacity of 43rd ~" A¥.eDue N'.W~. between Immokalee Road and the project entrance- before any materials are removed from the site. ~' If_~$1son Boulevar~ is to be used, it shall also be · !m~koved. 'Use of 3either road without such improvements " ~ha%.l~lbe c~sS for?immedia~ suspension of the excavation '.('. per~it'~ 'Improvement ' shall consist of appropriate ~%~lgrad~!' constructiDn, base reconstruction with a depth ~;i]'.' 6~Do l~,s...than' 8 inches, and pavement no less than 2 inches of asphalt hot mix,' type S-1. ~ii~"wgrk] don on 43rd Avenue N.W. and Immokalee Road wikl ~quire a County. Right-of-Way permit and it shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. 'ii~ The berm and ditch system to be constructed around the '~'~ex~avation prior to mining shall be removed and returned "~ to natural grade upon "completion" of the project. "Completion" shall be defined as the termination of mining for any period of six months or longer. -?. b. Water ~alit~ monitoring shall begin six (6) months prior to the removal of the berm and ditch barrier surrounding ~?" the excavation. Monitoring shall be done monthly and ,~ shall include, but not be limited to, pH, conductivity/ salinity, hardness, and chlorides. The monitoring plan shall be reviewed, modified if necessary, and approved by '%1~.i~ Project Review Services prior to issuance of the excavation permit. Monitoring data shall be submitted monthly to Project Review Services. At least two wells '~i ' shall be drilled as control sites for the water quality "'~ monitoring, should water quality within the excavation ~t indicate deterioration, the excavation bond money shall be held and the berm and ditch system remain in place until water quality within the quarry has been restored to ambient conditions.' Co The area delineated as "Freshwater Wetland" shall be designated "Preserve". 3'17 d. The petitioner shall submit a mitJ.~atlon plan for the excavation and the restoration of all ~rms and ditches to " be . graded to natural elevation. T~se plans shall be r~lswed, modified if necessary, and approved by Project ~'i:' Ray£eW .S~ryices .prior to issuance of the excavation ..i p~tt,'." ~m~hasl~"shall be placed ~n ,~k~,creation of fifty :'~ t~*"~n~ hUndred'foot (50' - 100') littoral shelves and the creation. ~f shallow ponds within these shelves so as to ~hcent~at~' ~i~h ~S', a food source for wading birds and ~. ~'lldl]'f~'..,'. Mitigation ef~oYts shall be phased to ., prp~e~s with th~ excavation. Mitigation success shall be g~.a~9~ped~.~y ~ha holding of exoavation bond money. s. No:. blastingl: or..dewaterlng ts permitted under this ~v~siona 1. use f. k~:~'n~m ~n~&nty-one (~1) acres of land designated as ~Prese~m" .eh'all be deeded to either the National Audubon ~, So6'iety,' the Department of Natural Resources (C~Program ~,~ or ~ T~st), South Florida Water Managemen~ District',s ~.~. S~%e .~ur Rivers Program, or a conservation/preservation I~" ~Sizati~n' approved by the Board of County C~tssi0ners. Such transfer by deed shall occur no later ~:~].. than one year after "completion" of excavation, as ~', ' "completion" is defined in Stipulation I hereof. The ~' . ..... Lagency. to whom the "preserve" area is deeded shall be ~::';' ' ..... ~iV~n"an invitation to purchase the remainder of ~e ~'-" ' ~'- property by the applicant. "Said invitation to purchase : shall . be extended not less than one (1) year prior completion of the excavation; the time period for ~,:.'>-.L.:~{ accepting the invitation and entering into a contract 'shall not be less than three hundred sixty-five (365) days 'after the extension of the invitation, and a closing on ~:: ~e contract shall be scheduled for not less than one :,..~.' h~ndred 'twenty (120) nor more than one hundred eighty (180) days after the completion excavation." If access to "1, '" the donated property is not available from the County · :-, ~ight-of-way, the petitioner shall grant an access ~ easement across its property to the deeded "preserve" g. ~ exot~o removal plan ~or the preserve areas shall be submitted and reviewed, modified if necessa~, and :~,,. approved prior to ~ssuance of the excavation pe~t. Removal of exotic -species shall be perfo~ed over the ~ entire property, shall be continued 'throughout the '~ duration of the project, and shall be monitored and '2.' continued until the preserve areas are deeded to either ~< the National Audubon society or the CR~ Trust (reference ~' Collier County Vegetation Removal provis~on in Section 3.9.6.6. "~nd Development Code", or the exotics removal ordinance in effect at issuance of the excavation pe~it). Excavation bond moneys will be held to guarantee that the project property remains free of exot~ species up until the preserve areas ere deeded to the National Audubon Society or the CREW Trust. The existing berm and ditch which zl/~. in a east-west direction along the northern e~g~'---'bf the proposed excavation shall, be brought to natural grade prior to commencing the excavation but not ,before an excavation permit is issued. A tree survey shall be submitted to Project Review Services indicating native trees of twelve (12) . inch diameter at breast height (DBH), or larger, along this berm and ditch system. TheSe trees are to be preserved during the grading operation,.unless removal of the trees is deemed necessary and is approved by Project Review Services. Water Management: a. The excavation shall be limited to a bottom elevation of -4.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of +6.0 ft. NGVD. b. Where groundwater is proposed to bm pumped during the excavation operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, "' and a co~y provided to Project Review Services for approval prior to the commencement of any dewatering (". activity on the site. c. No blasting will be permitted unless issued a separate .~ permit by Collier County Project Review Services. No excavation permit shall be issued for this petition "'. until Rezone Petition No. R-91-8 and Provisional Use ~.-~:.'.' Petition No. PU-91-14 has been approved by the Board of .. County Commissioners. · e. No Excavation Permit' shall be issued until all impact fees have been paid. ,. f. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, required by Division 3.9 "Land Development COde" shall be obtained from Collier County Project Review Services before work shall commence. g' All provisions :'.~ in Division 3.5 "Land Development Code" shall be adhered to. Copy_ o.f_ S. outh Florida Water cons='ruc=lon/operation permit or ear]}~ %;°rk permit shall b~=vtded prior to excavat~o, P~i~proval. ~TU'~t~ """ ' ~:..7 . .~ . If. anF structure ~s bu'llt on' the s~te,, adequate sewer and w~ '~cilit~es~shall. be provided and shown on the site d~~n~ plans Tot ~ew a~d approve1 :,~J:.:~_h_ PET~ OR AGENT DAY ~] .... ~ .--. T_t~ ~. ~.t~ EXPIRES: .... ,~ ~.~. ~WO~ TO ~D S~SCRDEb BEFORE ME THIS DAY ' NOTARY CO~ISSION EXPIRES: ~E0 ~J ~ ~.~. PU-91-14 AGRE~ENT SHEET/md " EXCAVATION PKRMIT APPLICATIONS INVOLVING ~.~ ,.. OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Condltion~, are to provide excavation permit applicants a summary of condi~[ons, which may affect their i~ projects and which should be taken ih~o consideration during all s~geA ~ f .proJ ec% :development: , 1. '~ui '~outes 'between an excavation ~ite and an arterial road shall be private with property o~h'er(s) approval or be a public ,,~ .... .collector road built to standards applicable to handle the ~, ' ..... ~esulting tru'ck traffic. Where residential areas front ,..~ collector ~oads, appropriate turn lanes, buffer, and bikepath ,.'pL~shall ~e reqllired as minimal site improvements and if ~"~recommended'for approval, shall be so.with the condition that the Transportation Services Administration reserves the richt i'~'. to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or ~ substantially deteriorate a road condition; such action by the ~, Transportation Services Administration shall be subject to · .. appeal before the Board of .County Commissioners, · i~ ~. 'Haul routes utilizing public roads shall_be subject to roa~ :- 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. 3. Off-site removal of excavated material shall.be subject to j../. '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 i~; Ordinance No. 85-55 shall be paid prior to the issuance of an . excavation permit. '~.~ 4.' The Transportatio~ Services Administration reserves the right ~:~,:. to establish emergenc~ weight limits on public roadways .,: affected, by the off-site removal of excavated material; the ~;' procedure for e~tablishment.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 responsible to implement measure to a'ssure -~.~,', that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. 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. "ATTACHMENT TO THE AGREEMENT SHEET O~ PU-91-14" " blasting permit may'be appropriate, Should a blasting p~rmit . ':' application be.submitted and should residential areas exist '- within one mile of the excavation site, the County reserves the right to de~y,a.~blastinglpermit based on concerns for off-site 'impacts from blasting at an excavat}on site. Should a blasting ' ' peri, it be considered and approved, %ha minimum conditions of approval in addition to conditions ;~r Ordinance 88-12 are as A.'. Structure inventory/monitoring and ~ppltcable ' property owner release as required by the County · ~' B.:.~.Security .'bond'applicable to~rivate property damage cc...-~Coepta~le to the County. ~'~ O.' .'Co~trOI ..of 'Size/depth/number of charges per blast by ~. th'e county Engineer. ~.;:~ T~'F':rf~=. 'of the County to suspend and/or revoke %:' "'~I~ting .~rmit authority should be determined that ~;.:-blasting :' activities are creating unacceptable su:: ~ff-site ' conditions either in terms of private · : -..property damage and/or related physical effects of blasting operations. 7. N~.-excavation permit shall be issued until .receipt of a ?' release from the. Transportation Services Administration ,.. applicable to proper mitigation cf off-site impacts, ~S~ .. meeting of applicable 'provt~ions of Ordinance No. 82-91, .~ Ordinance No. 85-55, and Ordinance No. 88-12. doc.' 2636 Reference to letter of $/24/~8 Revised 3/90' .j'CO~mW o~' COLLIER I' ' Z, JAMES C. GILES, Clerk of Courts in ahd for the , Twen'~feth Judtc/al Circuit., Coll/er County, F/or/da, do ?/hereby certify that the foregoing is a true copy of: ~'~ Ordinance No. 92-2 ;' which was adopted by the the ~h day of January, ~992, during Re~la~ Session. " WITNESS my hand and the off~c~a~ sea~ of the Board of Co~ss~oners of Coll~e~ County, Florida, th~s 9~h JAMES C. GILES · ' ..."St ~..., . ~.