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Resolution 2012-015RESOLUTION NO. 2012- 15 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA CONDUCTING A RE- REVIEW AND AMENDING THE CONDITIONS OF APPROVAL IN RESOLUTION NUMBER 08-290 WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION, BLASTING AND PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS AND EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 08-128 AND 08 -290. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 200441, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99 -420, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining, excavation and related processing with respect to the same property which is the subject of this conditional use re- review, which property is described in (Exhibit "A') which is attached hereto and incorporated by reference herein; and WHEREAS, on June 20, 2006, by Resolution 06 -157, the Board of Zoning Appeals of Collier County approved an amended Conditional Use to allow blasting of material within the same property which is the subject of this conditional use re- review; and WHEREAS, on October 10, 2006, by Resolution 06 -264, the Board of Zoning Appeals approved an amendment of Resolution 06-157 to correct scrivener's errors in the legal description and zoning classification; and WHEREAS, on September 25, 2007, by Resolution 07 -274, the Board of Zoning Appeals of CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/17/12 1 of3 Collier County approved an amended Conditional Use with respect to the same property which is the subject of this conditional use re- review to expand the boundaries of the excavation area and repeal Resolutions 99-420 and 06 -157; and WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure that the public health, safety and welfare is adequately addressed; and WHEREAS, on April 22, 2008, and by Resolution No. 08 -128 adopted on May 13, 2008, the Board of Zoning Appeals, as part of the re- review of the Conditional Use, approved amendment to the conditions of approval at the mine owner's request, and WHEREAS, on September 23, 2008, the Board of Zoning Appeals conducted a re- review hearing on the property that is the subject of this re- review hearing and approved Resolution No. 08- 290 which approved an amendment to the conditions of approval proposed by the County and repealed prior Resolution Nos. 99- 420, 06-157 and 07 -274; and WHEREAS, on October 13, 2009 the Board of Zoning Appeals conducted a re- review hearing on the property that is the subject of this re- review hearing but determined that there was no need to change the conditions of approval and therefore did not adopt a Resolution; and WHEREAS, the owner of the subject property, SR 846 Land Tmst, has filed Petition No. CUR -PL 2011 -1177, as required by the prior conditions of approval for a re- review of those conditions, and is requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the subject of this re-review hearing; and WHEREAS, the Parties wish that this Resolution repeal and replace Resolution Nos. 08 -128 and 08- 290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses for the subject property; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided and as provided in Resolution 08- 290, and has considered the advisability of amending the conditions of approval; and WHEREAS, the Collier County Planning Conunission previously has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.1. of the Land Developmettt 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: CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/ 17/12 2 of 3 1. Petition Number CUR PL2011 -1177 filed by R Bruce Anderson, Esquire of Roetwl & Andress and Margaret Pent' of Stantec representing SR 846 Land Trust with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved and the Board hereby amends the conditions of prior approvals in acomlanoe with the Conceptual Master Plan desmbed in Exhr� "B" and as set forth in the Conditions of Approval described in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and incorporated herein by reference. 2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08-290 which are accordingly no longer of any legal force or effect. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote, this,2 of 2012. ATTEST: DWIGHT E. BROCK, CLERK dU T .Clerk • 1' r: Lt'•= 4,5� � r rf' Approved as;t6 form and legal sufficiency: .lam Steven T. Williams Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA "`, IIL4 LJ BY: . CJ,- Attachments: Exhibit A — Legal Description Exhibit B — Master Plan Exhibit C — Conditions of Approval CP: 1 I -CPS-0 l 1 18\15 CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/17/12 3 of 3 FRED W. COYLE, Chairm L L:- Ga =.L. DESCRIPTION ALL OF SECTIONS 35) At,1D 35 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 "A" PROJECT. S.R. 846 LAND TRUST EART'A M(t,1 CLIENT: S.R. 846 LAND TRUST C -W r Pi—m. Eip omw • Fcolapleb • Jurvryon. L+ndl:-p#kchn;c7 fnnrpwtallan CanluMen4 WTlsonMille7, '.ac. 11001riry Wc, J�4101 • Nr04 r, Fwrfl� Sl feSeJ07 • P�1aw I701l1:O r1 • Ff! ;74:17 -NN • AY1Jhi �wr, NramYW.ns EXHIBIT "B" -.- NO BLAST ZONE BLAST ZONE 7'1500' DATE 0;-2Y2007 47148 27 ,..oea •.a 8 -000 -000 1 � 1 Exhibit "C" Conditions of Approval for January 2012 Re- Review Mining Ventures, LLC, Petitioner; SR 846 Land Trust, Property Owner CUR- PL2011 -1177 Collier County Conditions of Approval CUR- PL2011 -1177 S.R. 846 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4. The local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or collieraggregates.com. 5. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 7. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 8. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 9. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. 10. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. Exhibit "C" October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC 11. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 12. The storm water run off quality should not be affected with the proposed excavation area expansion. 13. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 14. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties /enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 15. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and Il. 16. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 17. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04- 55, as amended. 18. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 19. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 2 October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC 21. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 22. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. 23. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 24. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 25. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. 26. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 27. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. 28. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 29. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through 3 October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 30. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 31. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 32. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase of the project as required by FDEP Permit #0271820 -001. 33. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 34. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 35. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 36. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 37. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 38. Blasting shall be limited to the blast zone depicted on the attached map. 61195540 4