STAFF REPORT: Version Date: March 9, 2018

F:\WPDATA\CPAM\CPAM1702 Cemex\CPAM 1702 CEMEX STAFF REPORT 03-08-18.Docx 1

STAFF REPORT: Version Date: March 9, 2018 HEARINGS: Planning and Zoning Commission: February 12, 2018 Local Planning Agency: March 6, 2018 Board of County Commissioners: March 6, 2018 Board of County Commissioners: APPLICANT: Cemex Construction Materials Florida LLC, et al FILE NUMBER: CPAM1702 REQUEST: Comprehensive Plan Amendment to amend the Future Land Use Map for a

730-acre tract (MOL) from Residential and Regional Commercial Overlay to Mining and Commercial and to amend Section D Mapping Criteria and Land Uses Allowed to include additional standards for the subject property

GENERAL LOCATION: North of Cortez Boulevard (SR 50), East and South of Fort Dade Avenue LEGAL DESCRIPTION: Portions of Sections 24 and 25, Township 22 South, Range 18 East; and

Sections 19 and 30, Township 22 South, Range 19 East, Hernando County, FL PARCEL KEY NUMBERS: 345451, 352594, 345692, 360479, & 360530 DESCRIPTION OF PROPOSED PROJECT AND AMENDMENTS: The proposed application was filed by Mr. Darryl Johnston on behalf of Cemex Construction Materials Florida, LLC, BK Land Trust, Old Spring Hill LLC, Spring Hill Land Trust, and BMM Land Trust. It consists of a request to amend the Future Land Use Map, changing five parcels from Residential and Regional Commercial Overlay to Mining and Commercial. The subject property, which is currently zoned “Agriculture”, is approximately 730 acres in size; five hundred and seventy-three acres (573) (MOL) are proposed to be designated for Mining (parcel key numbers 345451 & 352594), and 156 acres (MOL) are proposed to be designated as Commercial (parcel key numbers 345692, 360530, & a portion of 360479) with the overlay removed. The proposed mining property fronts on Fort Dade Avenue for approximately 4,529 feet. It is located directly across the street from Cemex property that is currently being mined, that is designated Mining on the Future Land Use Map. There is a small portion of the proposed mining area, in the southeast corner adjacent to SR 50. This portion is approximately 2,023 feet long. According to Exhibit 4A Geologists Statement of the application, limestone prospecting was conducted on the subject parcels. The geologist who performed the prospecting indicates that there

Hernando County Planning Department Staff Report: CPAM1702


are marketable limestone resources on the 573 acres (MOL) proposed for mining. The locations of the drill holes used for this study are shown on Exhibit 6 Drill Hole Locations in the application. The applicant proposes to phase the mining operation over 20 years, with the initial extraction commencing along the northern boundary adjacent to Fort Dade Avenue and proceeding southward over time (see Exhibit 4 Conceptual Mining Plan in the application). No limerock processing facility is planned for this parcel and no access to Fort Dade Avenue from the mining site is proposed. The applicant indicates that current mining activities on other properties will be suspended and that this proposed mine will be the focus of mining activity. A proposed enclosed overhead conveyor (see Exhibit 21 Conceptual Overhead Conveyor in the application) has been designed by the applicant to move materials from the subject property to the existing Cemex processing facility. The overhead conveyer is intended to limit and/or prevent damage to the Fort Dade Avenue tree canopy during the movement of materials from the subject site to the existing processing facility. This overhead conveyor will go through the normal permitting process before construction begins. Upon completion of this operation, the applicant has agreed to prepare the mine so that the property owners can redevelop the property into a viable community. A reclamation plan will be approved as a part of the permitting process, and a redevelopment plan will be required at the end of mining. Should this request for a Future Land Use Map amendment be approved, a subsequent petition will be submitted to rezone the two (2) complete parcels and a portion of a third parcel to Commercial, and a petition for the rezoning of the remaining two (2) parcels, from Agriculture to Mining, will also be submitted. In addition to the rezoning application for the mining property, before any extraction takes place on the parcels, a Master Mining Plan Approval (MAMPA) and a Mining Operations Plan Approval (MOPA) are required to be in place in accordance with Chapter 19 (Mining Regulations) of the Hernando County Code of Ordinances. With regards to the previously designated Regional Commercial Node Overlay District, herein referred to as the Regional Commercial Overlay, the applicant proposes that it be repositioned to a more appropriate location on the site, proposes an adjustment to the shape of the overlay, and proposes a change in the designation of the property to remove the overlay. The Regional Commercial Overlay was created by an amendment to the Future Land Use Map in 1998. The applicant outlines multiple reasons for the adjustment of the Regional Commercial Overlay, including more appropriate access to a higher level of service road and higher visibility, as well as a desire to use a portion of the currently designated Regional Commercial Overlay for Mining. The re-designation and adjustment of the commercial designation on the site will increase the size from approximately 120 acres to 156 acres MOL. The proposed 156-acre (MOL) commercial area fronts on SR 50 (Cortez Avenue) for approximately 5,000 feet. The eastward extent of the proposed commercial area is approximately aligned with the eastern boundary of the Bayfront Health Brooksville Hospital campus which is south of the property across SR 50, which is compatible with the proposed designation of Commercial. The depth of the proposed commercial area varies from approximately 1,000 feet to approximately 1,670 feet for the



area directly across from the hospital campus, and the proposed commercial area would provide a separation between most of the proposed mining site and SR 50. According to the applicant’s narrative, the relocation of the commercial area to the south along with the medical center across the street and the future residential development upon reclamation of the mine “creates opportunity for a synergistic mixed-use activity center on SR 50.” The applicant’s narrative also indicates that because of the size of the site and ownership, there will be the opportunity to create a unified plan of development upon the completion of mining activity. Based on the information provided in the narrative, the application indicates that the proposed commercial area (156 acres MOL) is consistent with the original area designation approved in 1998 (approximately 120+ acres) in that since the proposed size is not being increased significantly, the impacts to the necessary infrastructure will also not increase significantly. BACKGROUND INFORMATION: Mining According to the applicant’s narrative, the Cemex mines have been in continuous operation in this area for more than 75 years, serving as a source of employment for the County and providing a product (rock aggregate and cement) to support growth. The narrative states that in Central Florida, the Suwannee Limestone Formation is the principal source of hard rock aggregate material. Hernando County’s Brooksville Ridge contains most of the viable deposits of Suwannee limestone, evidenced by the clustering of rock mines northwest of Brooksville. According to the Department of the Interior’s United States Geological Survey (USGS) “limestone, as used by the minerals industry, is any rock composed mostly of calcium carbonate (CaCo3). Limestone is used to produce Portland cement, as aggregate in concrete and asphalt, and in an enormous array of other products…”1 The USGS identifies limestone as being one of our Nation’s “most essential resources.” According to the applicant, there are only three other locations in the State of Florida where FDOT acceptable grade aggregate is found. These are Dade County, Lee County, and Sumter County. The applicant also states that the limerock from Hernando County serves a regional need for acceptable road building aggregate. The USGS identifies typical public concerns regarding limestone mining. These concerns generally focus on dust, noise, blasting, vibration and truck and other traffic associated with quarry operations. There can also be concerns regarding the creation of caves, sinkholes, and contaminates in the ground water. In Hernando County there are approximately 12,969 acres currently zoned specifically for mining. According to the annual reports submitted by the mining companies to the County, approximately 527 acres were actively mined in 2016 although a majority of the mined area was conducted within previously disturbed areas. Since the mine reclamation ordinance has been in effect in Hernando

1 Bliss, J. D., Haynes T.S., and Orris G.J., 2008, revised August 2012. Limestone – A Crucial and Versatile Industrial Mineral Commodity: U.S. Geological Survey Fact Sheet 2008-3089, version 1.1, 4 p. (Available at https://pubs.usgs.gov/fs/2008/3089/)



County, only the Buczak Pit, which was approximately 85 acres, has been reclaimed to date. There are plans to reclaim two other mines upon completion of the resource extraction. Future Land Use Map amendments to Mining have been considered where it has been demonstrated that there are proven resources on the property, and impacts to adjacent properties and public facilities are minimal or can be mitigated. A majority of these amendments were for parcels directly adjacent to existing mining operations.

Mining in relation to Hernando County Acreage Zoned Mining approximately 12,969 acres

Designated as Mining in the Future Land Use Map

approximately 13,440 acres

*Source: Property Appraisers GIS Database. According to the U.S Department of Labor’s Mine Health and Safety Administration (MSHA) there are three (3) cement manufacturing facilities and three (3) active mines in Hernando County. The number of workers in the mining industry fell drastically from 2008 to 2009 with the loss of more than 100 mining jobs (See the Average Number of Employees in the Mining Industry in Hernando County 2001 – 2017 chart below). Approximately 150 jobs in the mining industry were lost from 2008 to 2013. With the loss of jobs in any industry there is a ripple effect through other industries that serve the business and the employees. Retail, service (such as restaurants), and construction are just some of the other industries that are affected when jobs are cut. The mining industry is slowly recovering with an increase of 67 employment positions since 2013. If the proposed mining area is approved, the mining employment base and subsequent industries that benefit from that base, will be present for another twenty years. The Economic Profile and Impact Analysis of Mining in Hernando County, a study performed by the Withlacoochee Regional Planning Council (WRPC) in 2015 (see Exhibit A of the Staff Report), uses two scenarios to forecast the future of mining and cement manufacturing. The “Baseline” scenario was calculated using historical data and because the proposed mine expansion will be a retention of mining jobs (or a continuation of mining activity not resulting in any new jobs), represents of the land use change being approved. The second scenario, also referred to as the “Scenario”, assumes the proposition that without a land use change mining activity will decrease, as the truth. The Scenario was also created using historical data during a downturn in mining activity in the County. The result of both scenarios reflected, overall, positive growth in the indicators of economic health, including Hernando County’s Gross County Product, Total Employment, Population, Personal Income, Output, and Personal Consumption. With regards to mining operations, the report states that a “continuation of current mining activity will not significantly increase economic activity in Hernando County, and impacts of a gradual decrease in mining activity will also be relatively small. However, the scenario impacts are negative, signifying that the total amount of growth in these indicator categories will be less than the baseline.”



*U.S. Department of Labor, Mine Safety and Health Administration (MSHA) "Mine Employment and Coal Production Totals for This Mine". Retrieved from https://arlweb.msha.gov/drs/DRSextendedSearch.asp on 1/25/2018/ Basin Management Action Plan (BMAP) The Department of Environmental Protection began the development of a Basin Management Action Plan (BMAP) in 2016 to meet the new requirements of the Florida Springs and Aquafer Protection Act for the Weeki Wachee Spring Basin. This act provides for the protection and restoration of Outstanding Florida Springs (OFS); these are springs that have been identified as “a unique part of the state’s scenic beauty, provide critical habitat and have immeasurable natural, recreational, economic and inherent value.”2 The Weeki Wachee Spring group is designated as a first magnitude OFS because of the volume of water it discharges. There are 30 first magnitude OFS in Florida, which discharge the largest amount of water, and the Weeki Wachee Spring Group is one of 24 first magnitude OFS that are designated “impaired for the nitrate form of nitrogen.3” There is only certain amount of a given pollutant that a waterbody can assimilate and still meet water quality standards. Nutrients or pollutants in excess negatively affect vegetation and wildlife. To reduce the amounts of nutrients and pollutants that flow into the Weeki Wachee Spring Group, Primary Focus Areas (PFA) were identified and mapped. Figure 1 below shows the proposed Weeki Wachee BMAP, Springshed and Primary Focus Area Boundaries. The current basin map under study includes the subject site.

2 Protect and Restore Springs, Florida Department of Environmental Protection. Accessed January 27, 2018. https://floridadep.gov/springs/protect-restore 3 Hansen, T. December 2017. Draft Weeki Wachee Basin Action Management Plan. Division of Environmental Assessment and Restoration Water Quality Restoration Program Florida Department of Environmental Protection.

262 300 262 256 261 263 278 283191 184 175 170 152 171 180 175 187

193 162152 127 136 134 126 113

98 82 83 84 93 102 115 123 125

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

AVERAGE NUMBER OF EMPLOYEES IN THE MINING INDUSTRY IN HERNANDO COUNTY 2014‐

2017

Average # of workers in Crushed Broken Limestone Mining

Average # of workers in Cement Manufacturing Facilities



PFAs are “areas of a basin where the Floridian aquifer is generally most vulnerable to pollutant inputs and where there is a known connection between groundwater pathways and an OFS. The PFA provides a guide for focusing restoration strategies where science suggests these efforts will most benefit the springs.”4 Any development activity on the site will have to comply with the standards for nutrient load reduction that are adopted by the State.

Figure 1: Weeki Wachee BMAP, Springshed, and Primary Focus Area Boundaries

*Source: The Draft Weeki Wachee Basin Management Area Plan Draft posted for comments in December 2017.

INFRASTRUCTURE IMPACTS: The applicant has indicated that the addition of the proposed 573-acre (MOL) mine would not result in a net increase of the extraction operation. The extraction operation on this parcel would serve as a replacement for the current extraction operations from pits located on other Cemex property. Therefore, if approved, the daily operation of the mine will be consistent without any increased impact to public facilities. 4 Hansen, T. December 2017. Draft Weeki Wachee Basin Action Management Plan.



The County requested that the applicant provide an updated capacity analysis to address whether the impacts to infrastructure and services to serve this proposed 156-acre (MOL) commercial development would increase. The applicant stated in the narrative that the size and intensity of the proposed commercial area is not significantly different from the Regional Commercial Overlay approved in 1998 and the capacity analysis for wastewater, potable water, solid waste and transportation that was performed when the overlay was approved should still apply. The proposed commercial area is approximately 36 acres (MOL) larger than what was approved by the 1998 Regional Commercial Overlay. The updated information provided by the applicant to the County regarding this matter is a statement that SR 50 has expanded to four lanes to address the impact of traffic, and a letter (see CPAM1702 Letter from C. Jon Dowler attached) from the City of Brooksville, which indicates that there is adequate capacity for potable water and sewer for the reconfigured commercial area proposed in this application. The following is a summary of the public facilities potentially impacted by this project:

SANITARY SEWER:

Mining: A privately-operated sewage treatment plant is located adjacent to the Gregg Mine

Site. This plant will continue to be used if the proposed amendment to Mining is approved. No additional sanitary sewer demand will be generated.

Commercial: The site is located in the City of Brooksville “first right to serve” area, and the City

indicates that there is adequate capacity for sanitary sewer for the reconfigured commercial area proposed in this application.

POTABLE WATER:

Mining: There is an existing private well system on the Gregg Mine Site, which will be

utilized if the proposed amendment is approved. In addition, there is a water recycling system for the processing plant. Since there will be no increase in mining activity or processing resulting from the amendment, the demand for potable water will not change. SWFWMD has reported existing wells on the site that will need to be properly abandoned in accordance with the requirements of Rule 40D-3.351, F.A.C.

Commercial: The site is located in the City of Brooksville “first right to serve” area. The City

indicates that there is adequate capacity for potable water for the reconfigured commercial area proposed in this application.

TRAFFIC CIRCULATION:

Mining: The applicant states that there will be no effect on traffic circulation since

processing will be contained within the existing site and there will be no increase, or acceleration of the mining activity in the Cemex mining operation. Materials



will be moved off the proposed mining site to be processed at the existing factory to the north by an enclosed overhead conveyor.

There is a County owned unimproved road running north from SR 50 to Fort Dade Avenue known as Lykes Cutoff. It is anticipated that the Lykes Cutoff will be vacated as and additional right of way dedicated to maintain consistency with the Long Range Transportation Plan (LRTP) and Comprehensive Plan Transportation Element, separate from the Comprehensive Plan amendment process before any development occurs on the site. Right-of-way is needed both inside and outside the boundary of the subject property to align CR 491 (Citrus Way) with California Street. The right-of-way within the subject property will be provided by the applicant. The intent is to align the road to be consistent with the transportation maps in the Hernando Citrus Metropolitan Planning Organization’s (MPO) LRTP 2040 and in the County Comprehensive Plan.

Commercial: A general estimate of additional vehicle trips can be approximated by using the Trip Generation Rates from the 8th Edition ITE Trip Generation Report spreadsheet, used by the Florida Department of Transportation. Using the maximum floor area ratio allowed (.3) estimates that approximately 11,301 new vehicle trips could be generated by the additional thirty-six acres (maximum 470,448 square feet) of commercial area5. This calculates to a maximum of 887 new vehicle trips added to the surrounding roads during the PM Peak.

In 2014, the level of service for SR 50 (Cortez Blvd) was C; this means there was a stable flow of traffic, at or near free flow. The ability to maneuver through lanes is restricted and lane changes require more driver awareness. The Level of Service (LOS) for Fort Dade Avenue was B; this means that there was a reasonably free flow of traffic and there is still an elevated level of physical and physiological comfort for motorists. The adopted Level of Service for roadways is established in the Comprehensive Plan by the following policies:

5 The square footage that would be allowed on the 36 acres was calculated as follows: (43,560 square feet * 36 acres)*.3 (the Floor to Area Ratio) = 470,447 (the maximum square footage allowed for 36 acres of commercially zoned property). The spreadsheet calls for the square footage to be divided up into 1,000 square foot units (470,448/1,000) = 470.448 (the number of square foot units in 470,447 square feet). This number (470.448) was then entered into the spreadsheet and the estimated traffic counts were generated. The number was further adjusted for new vehicle trips by using the Roads Impact Fee study which estimated that 56% are calculated as new trips.

Traffic Estimates for 36 Acres of Shopping Center

43,560 * # of Acres 1,568,160

Square feet * FAR 470,448

# of 1,000 Square Foot Units 470.448Calculated Daily Trips 20,201PM Peak Trips - Total 1,585

PM In 777

PM Out 809

* FDOTs ITE 2008 spreadsheet estimates.



POLICY 2.04A(1): For County maintained roadways within the area bordered

by U.S. 19 on the west, SR 50 on the north, U.S. 41 on the east and the County line on the south, the level-of-service standard shall be "D" urban for peak-hour traffic volume. For all other County maintained roadways, the level-of-service standard shall be "D" rural, for peak-hour traffic volume. The methodologies used in the determination of service levels shall be consistent with those approved by FDOT and the County’s concurrency management system.

POLICY 2.04A(2): For roadway facilities on the Strategic Intermodal System,

the Florida Intrastate Highway System, and roadway facilities funded in accordance with the Transportation Regional Incentives Program, the level of service standard shall be in accordance with the level of service standard established by the Florida Department of Transportation by rule. For all other roads on the State Highway System, the level of service standard shall be LOS “D” peak hour.

A large commercial area is better served by having access to a road with higher capacity (SR 50) than to a smaller local road (Fort Dade Avenue). Access to the development and a traffic impact analysis will be evaluated at the permitting stage. Internal circulation and frontage road alignments will be evaluated as a part of the site plan process and will be reviewed at that stage.

DRAINAGE: See Exhibit 7 Drainage Map in the application and Exhibit F Draft Weeki Wachee PFA Map December 2017

Mining: The applicant states that drainage on the properties will be retained within the mine

excavation areas in the extension area and that no surface water discharges are planned. The proposed mine site is located within the Primary Focus Area (PFA) for the Weeki Wachee Spring and River Basin Management Action Plan (BMAP). The act of removing top soil and exposing porous limestone increases the amount of nitrates that pass into the Spring and River Basin. The Florida Department of Environmental Protection (FDEP) has now set a Total Maximum Daily Load (TMDL) for nitrates entering the PFA. The Planning Department requested information to analyze the potential increase of nitrates going into the aquifer due to the mining activity. Since the site is located on the periphery of the PFA, the applicant indicated that the impact was not an issue and did not provide any additional information. In addition, the BMAP requirements will have to be addressed with FDEP during the permitting phase if this amendment is approved.



Removing vegetation and soil during the mining process and exposing the porous limestone allows direct contact for nitrogen from atmospheric deposition to enter the aquifer system. “Atmospheric deposition is the process whereby precipitation (rain, snow, fog), particles, aerosols and gasses move from the atmosphere to the earth’s surface.”6 Soils and vegetative cover serve a natural ecological function for all kinds of deposition. Therefore, as with any surface mining operation there is always a potential direct impact to groundwater that needs to be addresses during the permitting phase, and monitored during the mining operation.

Commercial: The applicant states that surface water management for this property will be

retained on-site or will utilize unified surface drainage plans in compliance with Hernando County Land Development Regulations. Drainage will be reviewed as part of the development application and the development must meet the stormwater regulations of SWFWMD.

SOLID WASTE:

Mining: The Hernando County Sanitary Landfill is projected to serve the County’s needs

for the foreseeable future. There will be no additional solid waste generated by the proposed amendment, as it will only be generated by the operation of the plant office, etc., and not from the additional mining area.

Commercial: The applicant states that in 1998 there was adequate capacity for solid waste for a

750,000-square foot regional mall. No additional information was provided with regards to how much solid waste the proposed Commercial may produce; however, the Hernando County Sanitary Landfill is projected to serve the County’s needs for the foreseeable future.

CHARACTER OF THE VACANT LAND AND ENVIRONMENTAL LIMITATIONS: In the consideration of a Comprehensive Plan amendment it is necessary to establish the current character of the subject properties. This establishes how the subject properties currently function within the County, and what may need to be examined further to make an informed decision regarding a change in the Future Land Use Map (FLUM).

CHARACTER OF THE VACANT LAND See Exhibit 8B Listed Species Report of the application, and Exhibit D SWFWMD 2011 Land Use / Cover Map of the Staff Report Mining: The applicant’s consultant indicated that the habitats on-site have been classified

based on the Florida Land Use Cover and Forms Classification System (FLUCFCS: Florida Department of Transportation. 1999). Exhibit 8 Land Use

6 Maryland Department of Natural Resources, Accessed January 27, 2018. http://dnr.maryland.gov/streams/Pages/atmosphericdeposition.aspx



Map of the applicant’s narrative shows the location and extent of each habitat type on the property. This information is used to dictate what habitat mitigation strategies should be used for the property. Refer to the table below for the Florida Land Use Cover Classification System (FLUCCS) number and land use / cover categories identified by the applicant. The Southwest Florida Water Management District’s (SWFWMD) map and land use / cover identification for the property indicates some minor discrepancies from the applicant’s map. Please refer to the table below for the 2011 FLUCCS number and land use / cover categories identified by SWFWMD. The mapping of the land cover needs to properly reflect the FLUCCS to convey the appropriate value of the land cover. A comprehensive analysis using the most current FLUCCS will be required at the rezoning and development stage if this application to amend the Comprehensive Plan is approved.

Land Use / Cover Categories for the Subject Parcels by Source

Listed Species Report Southwest Florida Water Management District

210, Cropland and Pasturelands 110, Residential, Low Density

224, Abandoned Citrus Grove 210, Cropland and Pasturelands

412, Longleaf Pine - Xeric Oak 410, Upland Coniferous Forest

434, Hardwood - Coniferous Mixed 411, Pine Flatwoods

441, Coniferous Plantations 412, Longleaf Pine - Xeric Oak

510, Surface Waters (Wetlands) 434, Hardwood Conifer Mixed

530, Cattle Ponds (Wetlands) 440, Tree Plantations

617 Mixed Wetland Hardwoods (Wetlands) 530, Reservoirs (Wetlands)

641, Freshwater Marsh (Wetlands) 641, Freshwater Marshes (Wetlands) 644, Emergent Aquatic Vegetation (Wetlands) 653, Intermittent Ponds (Wetlands)

Commercial: The Southwest Florida Water Management District 2011 Land Use / Cover Map indicates

the habitats present on the proposed commercial property. The map shows the presence of:

(210) Croplands and Pasturelands; (411) Pinewood Flats; (412) Longleaf Pine - Xeric Oak (434) Hardwood Conifer Mixed (530) Reservoirs; (641) Freshwater Marshes (Wetlands)

The impacts to protected trees and surface waters must be identified during the development stage if the application to Commercial is approved.



ENVIRONMENTAL LIMITATIONS

WETLANDS See Exhibit 8 Land Use Map in the application and Exhibit D SWFWMD 2011 Land Use / Cover Map of the Staff Report

Mining: According to the applicant’s professional consultant and on-site field verification

there are nine (9) small wetlands and surface waters conveyances located on the property proposed for mining. They consist of forested systems, freshwater marsh systems; upland dug ponds, and ephemeral surface water conveyance systems. According to the applicant’s narrative, the jurisdictional limits of the wetlands on the property were delineated in accordance with Chapter 62-340, F.A.C., reviewed for consistency with the 2008 Atlantic and Gulf Coast Regional Supplement to the USACE 1987 Delineation Manual, and reviewed by FDEP Staff. The wetland features on the site are classified as Class II and III under the County’s Comprehensive Plan. There are no Class I wetlands on the property. Class I wetlands are governed by the following comprehensive plan policy: POLICY 6.05A(2): Class I Wetlands shall meet at least one of the following

criteria: a. Regionally significant wetlands as identified by

the Withlacoochee Regional Planning Council; or

b. Wetlands which are contiguous to the Weeki Wachee, Mud, Withlacoochee, and Little Withlacoochee Rivers; or

c. Any wetland of half an acre or greater that has a hydrological connection to natural surface water bodies or Floridan aquifer; or

d. Any wetland of half an acre or greater that is within a lake littoral zone; or

e. Any large isolated uninterrupted wetlands forty (40) acres or larger; or

f. Wetland of any size that provides critical habitat for federal and/or state listed species of special concern, threatened or endangered species.

Further, the comprehensive plan states that ”…The protection, preservation and continuing viability of Class I Wetlands shall be the prime objective of the basis for review of all proposed alterations, modifications, or removal of these wetlands.”



Class II Wetlands meet at least one of the following criteria:

a. Isolated wetlands or formerly isolated wetlands which by way of man’s activities have been directly connected to other surface water drainage; and one greater than or equal to five (5) acres; or

b. Are less than forty (40) acres and do not otherwise qualify as a Class I Wetlands; or

c. Isolated ephemeral wetlands 1/8 of an acre or larger, excluding ephemeral wetlands on land zoned agriculture and mining.

Class III Wetlands are isolated wetlands that are less than five (5) acres size and do not qualify as Class I or Class II Wetlands. According to the 2011 SWFWMD Florida Land Use, Cover and Forms System map, there are Reservoirs, Freshwater Marshes, Emergent Aquatic Vegetation and Intermittent ponds on the property. The applicant will need to analyze the impact to Class II and Class III wetlands at the permitting stage in accordance with all state, federal and local regulations if the amendment to Mining is approved.

Commercial: According to the Hernando County Comprehensive Plan (February 17, 2006) there are two Class III Wetlands on the proposed commercial property. They are both close to SR 50 and across from the Bayfront Hospital. A wetland survey is not required at this point for the proposed commercial properties, and the potential for impacts appear minimal at this stage.

LISTED SPECIES See Exhibit 8B Listed Species Report in the application.

Mining: According to the applicant’s narrative, surveys for species considered Endangered, Threatened, or of Special Concern by the U.S. Fish and Wildlife Service (FWS) under 50 CFR 17-11 and 50 CFR 17-12 or the Florida Fish and Wildlife Conservation Commission (FWC) under Chapter 68A-27 F.A.C. were conducted for the property designated for mining. Surveys were performed in accordance with the FWC Florida Wildlife Conservation Guide and the property was canvassed for listed species.

The Listed Species Report as well as Exhibit 8A in the application show the presence of a thriving gopher tortoise colony on-site. The gopher tortoise is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWC), and is an indicator of on-site habitat. The applicant will need to comply with all the local, state and federal permit requirements for protected species, including habitat mitigation, at the permitting phase if the amendment to Mining is approved.



Commercial: A wildlife report is not required at this stage for the proposed commercial property.

FLOODPLAIN See Exhibit 9 Flood Map in the application.

Mining: According to the applicant’s narrative, there are three small digressional areas on the mining designated parcel that are within Zone A, below the 100-year flood elevation. These areas are approximately two (2) acres in size. The remainder of the site is outside the designated floodplain. Thus, the impact to designated floodplains is minimal.

Commercial: The bulk of this property is located within the FEMA Zone X. Zone X is above the 500-year flood elevation, and it is considered out of any flood zone. Three small areas (shallow depressions) within the proposed commercial area comprise approximately three acres and are classified as Zone A, below the 100-year flood elevation. Thus, the impact to designated floodplains is minimal.

SOILS See Exhibit 10 Soils Map in the application

Mining: According to the Soil Survey of Hernando County, Florida (USDA, Soil Conservation Service), there are several soil classifications located on the property. These include Flemington, Nobleton, Micanopy, Sparr, Kendrick, Williston, Arrendondo, Blichton, and Candler soil series.

Commercial: According to the Soil Survey of Hernando County, Florida (USDA, Soil Conservation Service), the soil types and locations are identified with particularity in the Colinas Group, Inc. Soils Map. The soils consist of Flemington, Nobleton, Micanopy, Sparr, Kendrick, Williston, Arrendondo, and Candler soil series. These soil series range from poorly drained to excessively drained. The placement of any structures on the property, i.e. commercial area, will need to take into consideration the soil characteristics for the specific locations at the time of permitting if the amendment to Commercial is approved.

KARST FEATURES See Exhibit 24 Karst Features Report in the application and Exhibit E of the Staff Report

Mining: According to County data sources, there are three sinkhole features on the site proposed for mining, and one on the proposed commercial area. All mining areas are considered as a Special Protection Area (SPA) according to the Hernando County Groundwater Protection Ordinance and warrant additional investigation during subsequent review processes. Special Protection Areas are considered vulnerable features which have the potential to discharge quickly to the aquifer.7

7 Hernando County Florida Municipal Code. January 15, 2018. Chapter 28 Utilities, Article VII, Section 28-265 Groundwater resource, wellhead and special protection areas.



The features from the FDEP database on the proposed mining property were investigated and do not appear to be active sinkhole features. If this application and the subsequent rezoning are approved, the mining properties will be designated as a SPA and subject to the requirements of the County Code of Ordinances. There are several karst features in the area. Since karst features are vulnerable, and karst activity is unpredictable, these features could be potentially impacted by mining activities.

Commercial: No karst evaluation was performed for this property at this time. A karst evaluation will be required at the time of development if the amendment to Commercial is approved.

AIR QUALITY

Mining: The applicant has stated that dust suppression systems will be used at the proposed mine location to prevent particulate matter from impacting air quality. A concerned citizen stated that lime rock dust releases asbestos into the air. The website Asbestos.com, Max Grondahl, the Environmental Specialist who works for the Florida Department of Environmental Protection’s Southwest District Compliance Assurance Program, and Dan Phelps with the Florida Geographical Survey, all confirmed that asbestos is not naturally occurring in Florida at any depths where mining would be occurring. Air quality is monitored by the Florida Department of Environmental Protection (DEP). The proposed mine will be required to adhere to the air quality standards of the Florida DEP.

Commercial: Not applicable.

CONSISTENCY WITH THE COMPREHENSIVE PLAN: The following goals, objectives, and policies and mapping criteria should be considered when determining whether the proposed land use amendment is consistent with the adopted comprehensive plan.

MINING REVIEW STANDARDS: OBJECTIVE 1.01H: PROTECT ESTABLISHED RESIDENTIAL AREAS AND

PROVIDE FOR REDEVELOPMENT OF HISTORICALLY PLATTED LANDS.

POLICY 1.01H(2): Protect existing and future residential areas from encroachment of

incompatible uses that are destructive to the character and integrity of the residential environment.

https://library.municode.com/fl/hernando_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH28UT_ARTVIIGRPRSI_S28-265GRREWESPPRAR



Comment: Although the site is currently designated Residential on the Future Land Use Map, the area surrounding the subject parcels are primarily developed with low density uses that are rural residential in nature and not intensely developed, with the exception of the hospital campus along SR 50 and the existing mining area north of Fort Dade Avenue. Objective 1.01H and the associated policy provide for the protection of existing and future residential areas from incompatible uses. The applicant must demonstrate during the public hearing process that the proposed amendment to Mining is compatible with existing uses, and will not have a negative effect on surrounding residential properties.

Since the site is located in the City of Brooksville “first right to serve” utility service area, and is located along a gateway entrance into the city limits the application was sent to the City of Brooksville for comment. To date, no comments were received on the comprehensive plan application.

MINING ELEMENT - CHAPTER 2

GOAL 1.08: HERNANDO COUNTY SHALL PROTECT ITS CITIZENS, AIR,

LAND AND WATER RESOURCES FROM THE ADVERSE EFFECTS OF RESOURCE EXTRACTION AND ENSURE THAT THE DISTURBED AREAS ARE RECLAIMED TO WHOLESOME CONDITION AS SOON AS REASONABLY POSSIBLE.

MINING SETBACKS OBJECTIVE 1.08B: WHEN AN ACTIVE MINING AREA IS CONTIGUOUS TO

LANDS NOT OWNED OR CONTROLLED BY THE OPERATOR, A 100 FOOT SET-BACK SHALL BE MAINTAINED AS THE MINIMUM DISTANCE OF ANY CONSTRUCTION OR MINING ACTIVITY FROM THE PROPERTY LINE BOUNDARY.

POLICY 1.08B(1): The only permanent construction which may be permitted within

the 100 foot setback includes roads, fences, utility services, and berms.

POLICY 1.08B(2): If an active mining area is contiguous to lands dedicated for public

right-of-way, then the 100 foot setback shall be measured from the right-of-way line.

POLICY 1.08B(3): In the event of non-compliance with Hernando County’s noise and

blasting standards, an additional set-back may be required in order to meet those standards.

Comment: The applicant has proposed an increased buffer size in the following locations:



1. Fort Dade Avenue. The applicant has proposed a 200-foot buffer from the mining property line.

2. Adjacent to the historic Spring Hill Cemetery. The applicant has

proposed a 200-foot buffer from the mining property line to the nearest mining area on the area of the property that is adjacent to the cemetery.

3. SR 50 (Cortez Blvd.). The applicant has proposed a 400-foot

undisturbed vegetative buffer between the property line abutting SR 50 to the nearest mining area. The mining regulations indicate that there does not need to be a berm in this location if the buffer remains untouched.

If the amendment to Mining is approved, it should include specific strategies to require the increased setbacks and buffers.

OBJECTIVE 1.08C: WHEN AN ACTIVE MINING AREA IS CONTIGUOUS TO

LANDS NOT OWNED OR CONTROLLED BY THE OPERATOR, A 100 FOOT VISUAL BUFFER ZONE SHALL BE MAINTAINED.

POLICY 1.08C(1): A berm must be constructed if the existing and supplemental

vegetation does not provide 80 percent opacity screening. POLICY 1.08C(2): A berm shall not be constructed closer than 50 feet to the property

line. POLICY 1.08C(3): If an earthen berm is built, it may be built to a maximum height of

ten (10) feet above the natural surface of the ground and must be planted with shrubs or groundcover. If the earthen berm is utilized, the outer 50 feet shall be planted with shrubs or groundcover, which provide 50 percent opacity between the contiguous land and the earthen berm. Adequate control shall be provided to protect the adjacent properties from additional run-off caused by the earthen berm.

POLICY 1.08C(4): If a berm is not required then up to 100 feet of the buffer shall be

planted to provide 80 percent opacity. Comment: The applicant has provided a conceptual mining plan (see Exhibit 4 Conceptual

Mining Plan in the application) that shows proposed berm locations. The applicant has stated the desire to request a “reduction in requirements” to reduce the berm and/or setbacks of the mine in two areas. Section 19-51 of the Hernando County Code of Ordinances states that the county may eliminate or reduce the setback, buffer and berm standards set out above if one of the following circumstances exist:



1. Written authorization has been provided from the adjacent property owner(s) agreeing to the elimination of, or reduction in, setback, buffer and/or berm requirements; or

2. A variance has been obtained in accordance with section 19-6.

The formal request for a reduction in the berm requirements must be addressed during the permitting process, and is not appropriate at this comprehensive plan amendment phase.

MINING RECLAMATION OBJECTIVE 1.08D: REQUIRE MINING RECLAMATION INCLUDING PLANS,

SCHEDULES, BONDS, AND SECURITY FOR RECLAMATION ACTIVITIES.

Comment: As a condition to obtain a permit to mine, the applicant will be required to submit

a reclamation plan for review and approval. The applicant has committed to providing an eight-foot (8’) deep clay layer at the bottom of the mine to facilitate residential construction, in addition to requirements for reclamation by all agencies having jurisdiction. The reclamation plan shall also comply with the guidelines set forth in the Hernando County Comprehensive Plan.

BLASTING STANDARDS OBJECTIVE 1.10A: THE COUNTY SHALL MAINTAIN BLASTING STANDARDS. Comment: The use of explosives is governed by Florida law. Chapter 69A-2, Florida

Administrative Code, provides the rules governing the use of explosives in the state. To use explosives, a firm must have a permit issued by the Regulatory Licensing Section, Division of State Fire Marshal, Department of Financial Services. All blasting activities are monitored by a seismologist.

The use of explosives is restricted to daylight hours between 8 a.m. and 5 p.m. local time, Monday through Friday. No blasting is allowed on Saturdays or Sundays or official holidays recognized by the State of Florida unless consent is granted by the State Fire Marshall. (See Exhibit B Blasting Brochure State Fire Marshall of the Staff Report)

PROTECTION OF ECOLOGICAL FEATURES AND NATURAL RESOURCES OBJECTIVE 1.10B: FOR ALL LAND ADDED TO THE MINING CATEGORY,

PROTECT ECOLOGICAL FEATURES AND NATURAL RESOURCES FROM THE ADVERSE IMPACTS OF THE RESOURCE EXTRACTION.



POLICY 1.10B(1): During the comprehensive plan amendment process to add land to the mining category on the Future Land Use Map, an environmental review shall be conducted of the subject parcel to determine the suitability of the proposed land use category amendment. This review shall utilize existing source data including, but not be limited to, soils maps, floodplain maps, Florida Land Use Cover and Classification System (FLUCCS) data, Florida Natural Areas Inventory (FNAI) site occurrence files, Florida Fish and Wildlife Conservation Commission Strategic Habitat Conservation Area and the Priority Wetland for Listed Species maps, and aerial photography. In addition, a pedestrian survey of the parcel shall be conducted to determine the existence and extent of any environmental features.

POLICY 1.10B(2): An Environmental Assessment shall be conducted and evaluated as

part of the mining permit process. POLICY 1.10B(3): Resource extraction shall not be allowed in areas of habitat known

to support viable populations of threatened and endangered species. POLICY 1.10B(4): Resource extraction shall not be allowed in rivers, streams, lakes,

or springs which cannot be restored. In addition, resource extraction shall not be allowed in wetlands contiguous to regionally significant rivers, streams, lakes, or springs. “Restoration” is defined as restoring the type, nature, and function of the ecosystem in existence prior to mining.

POLICY 1.10B(5): Resource extraction may not be authorized in “other affected areas”

where mitigation or restoration cannot be accomplished “Other affected areas” are defined as wetlands (other than those defined in Policy 1.10B(4) above), floodplains, and habitat of species of special concern. Said mitigation requirements shall be consistent with the mitigation requirements of the water management district, Department of Environmental Protection, and the Florida Fish and Wildlife Conservation Commission.

Comment: The applicant’s narrative identified a viable population of gopher tortoises

located on a portion of the proposed mine property. The Gopher Tortoise is designated as a threatened species according by the FWC and policy 1.10B(3) states that resource extraction shall not be allowed in areas of habitat known to support viable populations of threatened and endangered species; however, the State does allow Gopher Tortoises to be relocated with the proper permits.

The primary environmental issue relates to the loss of habitat and the potential impacts to listed species. The impacts to floodplains and wetlands appears to be minimal.



If the mining designation is approved, an updated comprehensive wildlife survey identifying State/Federal listed and commensal species potentially present on the property with recommendations for necessary mitigation measures will be required at the permitting stage. In addition, to address the loss of the habitat, the applicant should be required to provide a suitable wildlife habitat as mitigation through the use of a conservation easement over property owned by Cemex that is located within the Florida Ecological Greenways Network, as a part of the rezoning process.

FUTURE LAND USE ELEMENT - CHAPTER 1

OBJECTIVE 1.12A: TO PROVIDE GUIDANCE FOR CONSIDERING THE TRANSITION OF MINING LANDS TO OTHER LAND USES.

POLICY 1.12A(3): When mining lands are proposed for conversion to other land uses,

the unique environmental aspects of mining lands and the fiscal impacts of the loss of mining shall be considered in addition to the other issues normally associated with land use amendments. At a minimum, the following shall be considered:

a. The unique environmental aspects of mined areas,

including but not limited to, open pits with steep walls, settling ponds, created wetlands, and uncommon wildlife habitats;

b. The relationship of mining lands to proposed wildlife corridors;

c. Mining lands include areas of open mine pits and other features where the limestone of the Floridian aquifer is exposed or minimally covered, resulting in increased vulnerability to groundwater contamination from overlying land uses. Stringent and diligently applied measures shall be required to protect groundwater quality in such areas. Urban and other land uses which normally include land management practices, such as fertilization, chemical application, stormwater management, and irrigation, which are known to have contributed to groundwater contamination shall be prohibited where the potential for groundwater contamination has been increased by mining activities.

d. Mining is a prime industry which contributes substantially to the local economy by producing goods locally for sale outside the county. As resources are depleted and mining ends, the County’s economy will lose the benefits of an important primary industry. The



County will evaluate the fiscal and economic impacts of proposed alternative land uses on local governments and the local economy.

Comment: The applicant’s narrative indicates that when mining ceases on the property it will

be prepared for development by the owners. Policy 1.12A(3) establishes standards to be considered when developing a plan for the potential reuse of the parcel. Since mining has been, and continues to be, a primary industry for Hernando County the transition of property from mining to an economically viable land use should be encouraged. Based on the above cited policy, it is imperative for the County’s long-term economic health that a variety of uses that produce jobs and economic benefits be considered.

The approval of the Quarry Preserve mixed use development of the Florida Rock mining properties is an example of the reuse of mining lands that considers the standards in the above cited policy. Given the long-term importance of redeveloping the mining portion of the site as an asset to Hernando County, the applicant should be required to provide strategies and details regarding potential reclamation and reuse scenarios for the mining parcels during the public hearing process. Redevelopment shall also occur in a manner consistent with the County groundwater protection requirements and other environmental standards.

All mining areas are considered as a special protection area (spa) according to the Hernando county groundwater protection ordinance and warrant additional investigation during subsequent review processes. Special protection areas are considered vulnerable features which have the potential to discharge quickly to the aquifer. The applicant should be required to demonstrate during the public hearing process that groundwater resources are not vulnerable from mining operations at this location.

GOAL 6.06: CONSERVE, APPROPRIATELY USE, AND PROTECT MINERAL

RESOURCES, SOILS AND TREES. ACCESSABILITY TO SIGNIFICANT HARD LIMEROCK DEPOSITS

OBJECTIVE 6.06A: MAINTAIN ACCESSIBILITY TO SIGNIFICANT HARD LIMEROCK DEPOSITS WITHIN HERNANDO COUNTY.

POLICY 6.06A(1): Map economically feasible hard limerock resources. POLICY 6.06A(2): In areas identified under Policy 6.06A(1), require consideration of

hard limerock deposits prior to other intensive land uses being allowed.

Comment: The Comprehensive plan indicates that in areas where it is present, extraction of

valuable natural resources should be considered before the property is developed, and access to said resource is cut off. The applicant’s narrative indicates that



there are proven resources on the parcel and that the resource is of a high quality. Consideration of limerock mining is consistent with the intent of Objective 6.06A and Policy 6.06A(2). The consideration and review of this application, before the property is developed, is a fulfillment of Policy 6.06A(2) of the Comprehensive Plan.

COMMERCIAL REVIEW STANDARDS:

FUTURE LAND USE MAP MAPPING CRITERIA AND LAND USES ALLOWED - SECTION D:

Commercial:

- Mapping Criteria. The mapped portions of this classification consist of major existing commercial corridors along US 19 and SR 50 and designated commercial nodes (existing and projected) at intersections of arterial and/or collector roads. Commercial areas which are not mapped but are driven by policies and performance standards include neighborhood commercial, commercial approved as part of or proximate to major mixed-use developments, planned development districts, specialty commercial, infill areas and commercial extending from nodes with functioning frontage roads.

- Purpose. To provide locations for the provision of commercial services along major roads in residential growth corridors.

- Land Use Allowed. Commercial activity with a maximum Floor Area Ratio

(FAR) of 0.35 for office professional and a FAR of 0.3 for retail. Other land uses such as recreation, offices, minor public facilities and minor institutional are allowed. Residential units may be allowed (See Policy 1.01L(1)).


OBJECTIVE 1.01M: HERNANDO COUNTY WILL MANAGE AND DIRECT

COMMERCIAL DEVELOPMENT THROUGH THE USE OF COMMERCIAL NODES AND RELATED POLICIES.

POLICY 1.01M(1): Commercial development shall be guided through a classification

of commercial nodes, established primarily by function and location characteristics. Other factors, including but not limited to compatibility, opportunities for redevelopment, access, the availability of adequate infrastructure, environmental constraints and consistency with other policies may affect the size, location, function, and appropriateness of commercial development.

Comment: The Commercial area component of this proposed comprehensive plan

amendment is consistent with the requirement to direct commercial development to nodes of activity. The commercial component of this amendment represents a change to the size and shape of the Regional



Commercial Overlay and removal of the overlay designation that was created by an amendment to the Future Land Use Map in 1998. The location change of this commercial area is in keeping with the comprehensive plan in that it moves a large proposed commercial area to a multi-lane arterial roadway in proximity to other compatible nonresidential uses. The proposed use is also consistent with the mapping criteria for the Commercial category.

DISCUSSION OF ISSUES AND RELATED REVIEW STANDARDS: Based on a review of the application, County data, and other resources, several comprehensive plan issues have been identified and/or need to be considered as part of the review process of this Comprehensive Plan Amendment. All related comprehensive plan standards must be considered in the determination as to whether the proposed amendment should be transmitted to the required review agencies for comment.

1) Future transportation corridors. The applicant’s narrative has addressed the issue of how to accommodate the long-standing proposal to connect CR 491 (Citrus Way) to California Street through the abandonment and realignment of Lykes Cutoff. This connection has been on the County’s Comprehensive Plan Transportation maps since the early 1990’s. The applicant, along with the MPO and the County will work out an agreement regarding this road. The applicant will also provide the required right-of-way during the development process. The Department of Public Works and all other appropriate departments should be included in the transfer of right of way to meet this requirement. OBJECTIVE 2.05C: Provide for the future availability of rights-of-way consistent

with planned functional classifications.

POLICY 2.05C(1): The Functionally Classified Roadway Map (as periodically updated and included in this plan by amendment) shall be utilized to determine the functional classification of county roads for determining rights-of-way widths in accordance with the standards included in the land development regulations. This map is based on the Functionally Classified Roadway Network map in the Hernando County Metropolitan Organization’s Long-Range Transportation Plan (LRTP). The LRTP is currently updated on a three-year schedule, which will require updating this map on a similar schedule.

POLICY 2.05C(2): New development impacting functionally classified roadways

shall provide its proportionate share of rights-of way, additional lanes, site-related improvements, off-site improvements, and other road improvements necessary to maintain level of service standards and attain the functional classification and rights-of-way width standards provided for by this element and the land development regulations.



2) Historic cemetery impacts. A potential land use compatibility issue and land use conflict will be created near the northwest corner of the property. A portion of the proposed mine will be adjacent to a historic cemetery lying south of Fort Dade Avenue. According to the applicant, they reached out to the caretakers of the historic cemetery and spoke about the concerns the caretakers had regarding the proximity of the cemetery to the mining and blasting. The results of these efforts are two letters of support from Mr. James Hall and Ms. Gina Hall. The applicant has also proposed providing an increased buffer between the mining area and the cemetery. The proposed buffer is two-hundred feet from the mining property line where the property is adjacent to the cemetery.

POLICY 5.06A(4): Areas surrounding identified sites of historic resources shall be

protected against encroachment of incompatible activities and land uses.

OBJECTIVE 6.07A: PROTECT SIGNIFICANT HISTORICAL AND

ARCHAEOLOGICAL RESOURCES FROM DESTRUCTION.

3) Mining setback from SR 50. There is a small area of the proposed mining operation that

will be adjacent to SR 50 (Cortez Blvd). This area of potential impact is located along the southeast corner of the property. The issue for consideration is the proximity of any extraction processes adjacent to the highway and how this affects the corridor as a gateway to the City of Brooksville. This portion of the property adjacent to the highway currently contains a heavily treed area which can provide a visual buffer if an appropriate setback is required. The applicant has agreed to a 400-foot buffer extending from SR 50 leaving the area undisturbed to serve as a visual buffer between the property line and the mine. This application was provided to the City of Brooksville and no comment was returned to date.

POLICY 1.01S(4): Buffers shall be greater (height, width, or opacity) as the extent

of incompatibility between land uses increases. POLICY 1.01S(5): Buffers shall be provided by the encroaching land use, and may

be required in the case of a planned land use on adjacent property as designated on the Future Land Use Map or by other land use approvals.

POLICY 8.01C(7): The County shall coordinate the review of all proposed

development with the City of Brooksville when it is located in unincorporated portions of the Brooksville sewer and water service area.

4) Impacts to wildlife. A Listed Species Report based on data from January 2017 was

provided as part of the application. While the application narrative indicates there are no threatened or endangered species on the property, the Listed Species Report indicates that there is the presence of a significant gopher tortoise colony. Gopher Tortoises are considered an indicator species, that is, there are several endangered species that use



abandoned gopher tortoise dens as their own; these species are called “commensal species.” The Listed Species Report does not provide any discussion of the commensal species that could be present on the proposed mining property. The applicant has agreed to relocate the gopher tortoises prior to any development occurring on the property. The applicant should be prepared to perform a comprehensive wildlife survey identifying State/Federal listed species present on the property with recommendations for necessary mitigation measures prior to rezoning in order to meet all required permitting criteria.

POLICY 6.08A(5): Identify the presence or absence of species of special concern,

threatened, or endangered species on land slated for development through the development review process.

POLICY 6.08A(6): Coordinate with appropriate agencies to protect habitat

important to species of special concern, threatened or endangered species through the development review process.

5) Loss of wildlife habitat. Some of the area proposed for mining is wooded. The quality,

amount, and location of the habitat should be quantified in a comprehensive wildlife survey. Florida Ecological Greenways Network (FEGN) mapping shows the upland hardwood forest (G4) to be an under-represented natural community in preservation. FWC mapping also shows that the property contains strategic habitat conservation areas as a priority 3 (the highest priority is 5). The northern portion of the existing mining area owned by Cemex coincides with the FWC Florida Ecological Greenways Network mapping for prime wildlife habitat. To address the loss of the habitat, the applicant should be required to provide a suitable wildlife habitat through the use of a conservation easement over property owned by Cemex within the Florida Ecological Greenways Network.

POLICY 1.10B(1): During the comprehensive plan amendment process to add land

to the mining category on the Future Land Use Map, an environmental review shall be conducted of the subject parcel to determine the suitability of the proposed land use category amendment. This review shall utilize existing source data including, but not be limited to, soils maps, floodplain maps, Florida Land Use Cover and Classification System (FLUCCS) data, Florida Natural Areas Inventory (FNAI) site occurrence files, Florida Fish and Wildlife Conservation Commission Strategic Habitat Conservation Area and the Priority Wetland for Listed Species maps, and aerial photography. In addition, a pedestrian survey of the parcel shall be conducted to determine the existence and extent of any environmental features.

OBJECTIVE 6.01G: ENCOURAGE THE CREATION OF CONNECTING

NATURAL AREA GREENWAYS BY CONNECTING ENVIRONMENTALLY SENSITIVE LANDS AND OTHER PRESERVED AREAS IN THE COUNTY.



POLICY 6.01G(2): The natural area greenways shall consist of environmentally

sensitive lands, wetlands, preserved lands, and conservation easements with vegetative communities which are beneficial to threatened and endangered species.

POLICY 6.01G(7): Prevent fragmentation of wildlife corridors, where possible, and

continue to preserve wildlife corridors and natural areas within development projects.

6) Wetlands impacts. The existing wetlands on the property have been delineated and

reviewed by FDEP. A description is included in the Listed Species Report. No Class 1 wetlands, as described in the Comprehensive Plan, were identified on-site. Therefore, the potential for impact appears to be minor. Regardless, any removal or alteration of wetlands shall adhere to all state and federal wetland permitting and mitigation requirements. In addition, agency approved jurisdictional wetland lines shall be provided for any protected wetlands on all future plans.

POLICY 6.05A(4): The removal, encroachment or alteration for Class II Wetlands

shall be presumed to be allowed unless removal, encroachment or alteration is contrary to the public interest. Removal, encroachment or alteration may be allowed in Class III Wetlands.

POLICY 6.05A(5): When encroachment, alteration or removal of a wetland is

permitted, habitat compensation or mitigation as a condition of development approval shall be required. The County shall refer to applicable state and federal agencies for mitigation requirements or habitat compensation.

7) Karst features. While County data mapping resources show that the property contains a

few karst features that are designated as Special Protection Areas (SPAs) as defined within. The Hernando County Groundwater Protection Ordinance (GPO) (Sec. 28-266), actual karst features were not present when field verified; however, if the mining designation is considered, the mining site will be designated as a SPA and any future use of the reclaimed area must comply with the development standards put forth in the Comprehensive Plan and in State and Federal Regulations. The applicant does not anticipate any negative impacts on the surrounding karst complex; however, the applicant should be prepared to commit to a “Good Neighbor Policy” for addressing any damage to nearby karst complexes as part of the development approval process.

OBJECTIVE 4.10C: PROTECT AND MAINTAIN THE QUALITY OF

GROUNDWATER IN HERNANDO COUNTY BY PROVIDING CRITERIA FOR LAND USES AND THE SITING OF FACILITIES WHICH USE, HANDLE, PRODUCE, STORE, OR DISPOSE OF REGULATED SUBSTANCES AND BY PROVIDING PROTECTION TO



VULNERABLE FEATURES WHICH DISCHARGE DIRECTLY TO THE FLORIDAN AQUIFER.

POLICY 4.10C(2): Special Protection Areas shall be designated around vulnerable

features which have the potential to discharge directly to the aquifer.

POLICY 4.10C(3): Special Protection Areas shall also be designated to include areas

with land use approval for mining whether actual excavation has taken place or not.

8) Potential impacts from mining and blasting. Blasting is regulated by the State Fire

Marshall. There is always the potential for impacts to adjoining land uses in the vicinity as a result of blasting, or other mining activity. In addition, there are several karst features near the subject properties, and the applicant should provide substantial and competent evidence about the relative impacts of blasting. The applicant does not anticipate any negative impacts on adjacent properties or structures, however, the applicant should be prepared to a “Good Neighbor Policy” to address any potential damage to adjacent structures as part of the development approval process.

POLICY 1.01J(2): Establish and regulate blasting standards, including vibration and air blast overpressure limits, blasting hours, records and reporting procedures, and public safety precautions.

POLICY 1.01J(7): Adverse noise impacts of proposed development on

conservation areas with noise-sensitive wildlife shall be minimized through the use of buffers, separation of land uses, and regulating land uses and activities. Where conservation lands are acquired or otherwise encumbered to protect wildlife species or populations which are sensitive to noise impacts, the acquisitions or other encumbrances should include adequate buffers for minimizing noise impacts.

9) Property values. The change in the Future Land Use Map category to Mining and use of

the larger site for extraction purposes may have an effect on the property values of adjacent land uses. It is in the public interest to have substantial competent evidence as to the potential impact of the proposed mining designation on property values as a result of the proposed changes. If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the potential impact of mining on property values. The County consulted with the Property Appraiser’s Office and found that there is no data to confirm nor dispute the claim that there is a negative or positive correlation between mining activities and surrounding property values.

POLICY 1.01H(2): Protect existing and future residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the residential environment.



10) Impact to cultural resources. The applicant submitted a Cultural Resource Assessment

Survey (CRAS) with the application to address archeological/historical resources within the area proposed for mining. The CRAS resulted in the collection of additional data on two previously recorded archaeological sites and the discovery of two new historic period archaeological sites and three archaeological occurrences. Neither the archaeological sites nor the occurrences are considered eligible for listing in the National Registry of Historic Places (NRHP). The CRAS report was submitted to the Florida State Division of Historical Resources (DHR) for Review and Comment and a letter dated August 15, 2011, from the agency accepted the findings of the CRAS. The current application was provided to the DHR and no comment was returned. An archaeological/historical resources survey will be required for the proposed commercial area at time of rezoning.

POLICY 1.07G(45): Historical Resources. A cultural resource assessment survey will be used for the purpose of locating and assessing the significance of any historic resources present on the Quarry Preserve PDD site. All survey reports will conform to the specifications set forth in Chapter 1A-46, Florida Administrative Code, and forwarded to the Division of Historical Resources (“Division”) for comment and recommendation. All identified resources will be protected in accordance with the requirements of the Division. In addition, all project personnel will be notified regarding the potential for onsite cultural resources and trained in reporting potential finds.

11) Canopy road impacts. The Fort Dade Avenue Canopy Road is a unique resource that is

protected by County Ordinance. The impact of the proposed mining designation on the canopy road should be considered during the land use process. The applicant has agreed to provide a two-hundred (200) foot buffer between the mining area and the edge of the property along Fort Dade Avenue. The applicant should be required to work with County staff during the permitting process to ensure the tree canopy is not damaged during the construction or operation of the proposed overhead conveyor. In addition to the 200-foot buffer from the Fort Dade Avenue property line to avoid damaging the tree canopy, the applicant has also proposed an enclosed overhead conveyer that will move materials from the subject parcel to the processing facility to the north to eliminate the need for trucks to travel along Fort Dade Avenue. The proposed overhead conveyer will be above the tree canopy and will have all the proper building and engineering permits in place before it can be constructed.

OBJECTIVE 6.06E: IDENTIFY AND PROTECT CANOPY ROAD

SEGMENTS

POLICY 6.06E(2): Enforce canopy tree protection zones as established in the Canopy Road Ordinance and establish standards and conditions



for facilities and activities within the zone which may have an adverse impact on the trees, including the installation of roadway, utility, and drainage improvements.

12) City of Brooksville Utility Service Area. The subject property is located within the City

of Brooksville’s Utility First Right-to-Serve area. If the application to amend the future land use designations on the property is approved, the City should be included in future zoning actions that address both development and reclamation plans for the post mining status of the property. This application was provided to the City of Brooksville and no comment was returned other than the City has adequate capacity to serve the commercial area.

POLICY 8.01C(7): The County shall coordinate the review of all proposed development with the City of Brooksville when it is located in unincorporated portions of the Brooksville sewer and water service area.

13) Reclamation and redevelopment strategies of the proposed mining site. The most

desirable long-term use of the property is a mixed-use activity center. Given the size of the site, an integrated development plan with a combination of residential, commercial and employment opportunities is possible. The primary question is whether development potential of this magnitude could occur within a 25-year horizon. If development in the short-term (25 years) does not appear feasible given current growth trends, then the mining activity could be considered an interim use provided the site is reclaimed in a manner that is conducive to redevelopment. The applicant has indicated that the feasibility of the development of this property in the short-term as a residential or mixed-use community is not feasible. However, the County is no longer in a period of slow growth, and the potential to develop the site with other uses that might be more appropriate given the location should be considered. OBJECTIVE 1.08D: REQUIRE MINING RECLAMATION INCLUDING

PLANS, SCHEDULES, BONDS, AND SECURITY FOR RECLAMATION ACTIVITIES.

14) Air Quality. Air quality is monitored by the Florida Department of Environmental

Protection (FDEP). The proposed mine will be required to adhere to the air quality standards of the FDEP. The applicant has stated that dust suppression systems will be used at the proposed mine location to prevent particulate matter from impacting air quality. The applicant should be prepared to speak, at the public hearing, about the dust suppression system that will be used on the subject property to maintain air quality standards.

GOAL 6.04: PROTECT AIR QUALITY FROM DEGRADATION

15) Impacts of Mining in the Gateway to the City of Brooksville. SR 50 serves as a

gateway into the City of Brooksville. The visual impact of locating a mine within that gateway could remove the sense of transition from rural to city. To prevent this negative



visual impact to the gateway, the applicant has agreed to an increased buffer to the mining activities along SR 50. There will be a four-hundred (400) foot buffer between the mining property line along SR 50 and the mining activity, and will consist of undisturbed vegetation.

POLICY 1.01S(4): Buffers shall be greater (height, width, or opacity) as the extent

of incompatibility between land uses increases. POLICY 1.01S(5): Buffers shall be provided by the encroaching land use, and may

be required in the case of a planned land use on adjacent property as designated on the Future Land Use Map or by other land use approvals.

16) Impacts of noise and/or vibration to Bayfront Hospital. Noise and vibrations are both

present where there is blasting and mining. With the Bayfront Hospital located in close proximity to the proposed mine the County coordinated review of the application with the hospital. If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the impacts of noise and/or vibration to the Bayfront Hospital and hospital property.

POLICY 1.01H(2): Protect existing and future residential areas from encroachment

of incompatible uses that are destructive to the character and integrity of the residential environment.

POLICY 1.01J(7): Adverse noise impacts of proposed development on

conservation areas with noise-sensitive wildlife shall be minimized through the use of buffers, separation of land uses, and regulating land uses and activities. Where conservation lands are acquired or otherwise encumbered to protect wildlife species or populations which are sensitive to noise impacts, the acquisitions or other encumbrances should include adequate buffers for minimizing noise impacts.

17) Impacts to private wells. Blasting and mining vibrations have the potential to impact

wells on the surrounding property. If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the impacts of blasting and mining vibrations on private wells on the surrounding properties. The applicant does not anticipate any negative impacts on the surrounding private wells; however, the applicant should be prepared to commit to a “Good Neighbor Policy” as part of the development approval process, to address any damage to surrounding private wells.

POLICY 1.01H(2): Protect existing and future residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the residential environment.



18) Redevelopment of site as a viable community. The applicant indicates that the proposed mining activities at the site are temporary, and that once the resources are extracted the owners will redevelop the property and create a community that will be an asset to the County. If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the successful reclamation of mined properties for viable long-term use.

GOAL 1.08: HERNANDO COUNTY SHALL PROTECT ITS CITIZENS,

AIR, LAND AND WATER RESOURCES FROM THE ADVERSE EFFECTS OF RESOURCE EXTRACTION AND ENSURE THAT THE DISTURBED AREAS ARE RECLAIMED TO WHOLESOME CONDITION AS SOON AS REASONABLY POSSIBLE.

POLICY 1.08D(4): Final reclamation activities shall be completed within three years

of the cessation of all mining activities.

19) Impacts to the Weeki Wachee Spring Basin and the Floridian Aquifer. The proposed mining area is located within the Primary Focus Area (PFA) of the Weeki Wachee Spring Group. PFAs are “areas of a basin where the Floridian aquifer is generally most vulnerable to pollutant inputs and where there is a known connection between groundwater pathways and an OFS. Removing vegetation and soil during the mining process and exposing the porous limestone allows direct contact for nitrogen from atmospheric deposition to enter the aquifer system. If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the potential impact the mine could have on the Weeki Wachee Spring and possible mitigation strategies to reduce or eliminate this impact. GOAL 4.08: PROTECT NATURAL DRAINAGE FEATURES AND

RESTORE MODIFIED FEATURES, WHERE FEASIBLE OBJECTIVE 4.08A: HERNANDO COUNTY WILL ADOPT AND MAINTAIN

LAND DEVELOPMENT REGULATIONS TO REQUIRE NEW DEVELOPMENT TO UTILIZE, BUT NOT DEGRADE THE FUNCTIONS OF NATURAL DRAINAGE SYSTEMS, INCLUDING FLOODPLAINS, WETLANDS, STREAMS, RIVERS, AND LAKES

POLICY 4.10A(1): Develop an aquifer protection program including public

education, coordination with appropriate agencies, provision of adequate collection, and disposal facilities in order to limit the amount of contaminants reaching the surficial or Floridan aquifers.



OBJECTIVE 4.10C: PROTECT AND MAINTAIN THE QUALITY OF GROUNDWATER IN HERNANDO COUNTY BY PROVIDING CRITERIA FOR LAND USES AND THE SITING OF FACILITIES WHICH USE, HANDLE, PRODUCE, STORE, OR DISPOSE OF REGULATED SUBSTANCES AND BY PROVIDING PROTECTION TO VULNERABLE FEATURES WHICH DISCHARGE DIRECTLY TO THE FLORIDAN AQUIFER.

20) Economic Impact Policy 10.01A(4) recognizes the importance of primary industries and

also acknowledges that mining has historically been a primary industry. Retaining primary industries is important to the economic health of Hernando County and as mining decreases it is important to develop strategies to diversify the economy. The proposed Commercial area will provide for an activity center adjacent to the hospital campus and Brooksville Regional Medical Center PDD. The proposed mining designation will provide for an additional 20 years of mining. Strategies to diversify local primary industries should take precedence long term.

OBJECTIVE 10.01A: PROMOTE ECONOMIC DEVELOPMENT BY

SUPPORTING AND ASSISTING EXISTING BUSINESSES AND BY RECRUITING TARGETED NEW BUSINESSES.

POLICY 10.01A(4): Primary industries are vitally important to the local economy and

will be monitored through the use of economic indicators required by Policy 10.01F(1). As mining decreases, the County will develop strategies to utilize its economic development efforts to recruit and retain primary industries.

FINDINGS:

COMMERCIAL:

The proposed change to the Commercial land use category appears consistent with the Future Land Use Objective and Policies for future commercial development in nodes and activity centers.

MINING:

The Comprehensive Plan indicates a need for a future transportation corridor to connect CR 491 (Citrus Way) to California Street, and another minor collector road that traverses the property. If the request is found to be consistent with the Comprehensive Plan, additional Mapping Criteria, included in the Staff Recommendations of this report, should be included requiring the applicant/property owner to provide these corridors.

A historic cemetery is located adjacent to the northeast corner of the site. Comprehensive Plan policies require a minimum 100-foot setback. The applicant has proposed a 200-foot



buffer between the mining property line and the edge of mining along the portion of the property that abuts the Historic Cemetery. The applicant has garnered the support of Mr. and Ms. Hall, who maintain and operate the cemetery (see Exhibit 23 Cemetery/Grave Survey/Letters of the application).

The applicant has proposed a buffer of 400 feet of undisturbed vegetation between the mining activity and the property line to eliminate the visual impact of the proposed mine to the SR 50 gateway into the City of Brooksville.

The Fort Dade Avenue Canopy Road is a unique resource protected by County Ordinance. The applicant has proposed a two-hundred (200) buffer from the property line to the mining activity to protect the tree canopy. The applicant has also proposed an overhead conveyor to move mined material from the subject property to the processing facility across Fort Dade Avenue. This eliminates the need for heavy trucks to traverse Fort Dade Avenue and possibly damage the tree canopy.

The applicant will be required to work with County staff during the permitting process to ensure the tree canopy is not damaged during the construction or operation of the proposed overhead conveyor.

The proposed mining designation has the potential to impact threatened and/or endangered wildlife species. While the applicant has provided a listed species report, it is not a comprehensive wildlife survey identifying the State and Federal listed species present on the property with recommendations for necessary mitigation strategies. In the past it has been acceptable for the applicant to provide this information at the development stage.

If the mining designation is approved, the site will be designated as an SPA and any future use of the reclaimed area must comply with the development standards put forth in the Comprehensive Plan and in State and Federal Regulations.

The applicant has stated that dust suppression systems will be used at the proposed mine location to prevent particulate matter from impacting air quality. The applicant will be required to follow the air quality standards that are regulated by the DEP.

The Florida Ecological Greenways Network (FEGN) mapping shows upland hardwood forest (G4) to be an under-represented natural community in preservation. Comprehensive Plan Objective 1.10B and associated policies under this objective require that consideration be given to the potential loss of habitat associated with mining. To compensate for the loss of habitat, Cemex will be required to mitigate through the provision of a conservation easement over other property that provides a viable wildlife habitat. The type and amount of mitigation should be identified by the comprehensive wildlife survey.

The property is located within the City of Brooksville Utility First Right-to-Serve area.

The proposed change to the Mining land use category is contiguous to existing areas designated for mining on the Future Land Use Map and appears consistent with the Future Land Use Mapping Criteria for Mining. The request also appears consistent with



comprehensive plan objectives and policies that allow access to significant hard lime rock deposits.

If the proposed mining designation is to be considered, the applicant should be prepared to provide substantial competent evidence through the hearing process regarding the relative impacts of mining and blasting to potential karst features and adjoining land uses.

If the proposed mining designation is to be considered, the applicant should be prepared to provide substantial competent evidence through the hearing process as to the potential impact of mining on adjacent property values.

If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the feasibility of the development of this property in the short-term versus an interim use for mining. The applicant should also discuss redevelopment strategies after reclamation.

The proposed mine site is located within the Primary Focus Area (PFA) for the Weeki Wachee Spring and River Basin Management Action Plan (BMAP). The act of removing top soil and exposing porous limestone increases the amount of nitrates that pass into the Spring and River Basin. The Florida Department of Environmental Protection (FDEP) has now set a Total Maximum Daily Load (TMDL) for nitrates entering the PFA. As with any surface mining operation there is always a potential direct impact to groundwater that needs to be addresses during the permitting phase, and monitored during the mining operation. In addition, the BMAP requirements will have to be addressed with FDEP during the permitting phase if this amendment is approved.

If the mining designation is to be considered, the applicant will need to provide substantial, competent evidence through the hearing process as to the impacts of blasting and mining vibrations on private wells on the surrounding properties.

STAFF RECOMMENDATIONS:

It is recommended that the Planning and Zoning Commission review the proposed amendment to the Future Land Use Map to designate the 730 acres (MOL) as Mining and Commercial, conduct a public hearing on the proposal, and determine whether to recommend to the Local Planning Agency / Board of County Commissioners that CPAM1702 be transmitted to the designated review agencies for comment. The Comprehensive Plan recognizes, and requires, that existing and future residential areas be protected from encroachment by incompatible land uses. Although the surrounding area is not intensely developed, the property itself, and adjoining areas to the east and west are designated as future land use residential. In addition, the site is located near a hospital campus and medical related industries. Therefore, it is important for the applicant to demonstrate that mining will not negatively impact the surrounding land residential land uses. The Comprehensive Plan identifies Mining and cemeteries / residential land as incompatible land uses. The applicant has agreed to mitigation strategies to buffer the use from the residential and



cemetery land uses. A decision must be made as to whether these strategies are sufficient to overcome the incompatibility of land uses. In addition, should the Planning and Zoning Commission make a finding of consistency with the Comprehensive Plan, it is recommended that the following additional Mapping Criteria be included in the Plan as part of the amendment:

CRITERIA TO BE CONSIDERED AS PART OF THE COMPREHENSIVE PLAN

MINING - CPAM1702 shall meet the following stricter standards:

Criteria 1: Blasting techniques shall incorporate the best available techniques and methods to minimize adverse impacts to natural and manmade features. The blasting techniques shall be designed and implemented to minimize impacts to adjoining land uses.

Criteria 2: A “Good Neighbor Policy” is required prior to rezoning the property for mining to address any potential damage that may occur as a result of mining activities.

Criteria 3: The applicant will provide right-of-way to the County in a manner

required by the County Engineer for a California Street to Citrus Way future transportation corridor in accordance with the Functionally Classified Roadways Map for Hernando County and the MPO Long Range Transportation Map.

Criteria 4: When mining ceases on the property, the applicant shall provide for the

portion of the identified future transportation corridor from Fort Dade Avenue to SR 50 along the eastern portion of the property as part of the mining reclamation requirements in a manner required by the County Engineer.

Criteria 5: There shall be a minimum 200-foot setback and buffer from the mining

property line in mining areas adjacent to the historic cemetery in the northwest corner of the parcel.

Criteria 6: There shall be a minimum 400-foot setback and buffer from the property

line to the nearest mining area adjacent to the SR 50 right-of-way. The existing treed area along SR 50 within this setback shall be preserved as an undisturbed visual buffer.

Criteria 7: Protection of the Fort Dade Tree Canopy. The following steps will be

taken to protect the Fort Dade tree canopy:



a. A minimum 200-foot setback and buffer shall be provided along Fort Dade Avenue between the tree canopy and mining activities;

b. An enclosed overhead conveyor to move materials from the

Bronson Mine Expansion to the existing facilities shall be required.

c. The enclosed overhead conveyor shall be constructed at a height

and location that will minimize or prevent damage to the tree canopy;

Criteria 8: To compensate for the loss of viable wildlife habitat, Cemex shall be

required to mitigate through the provision of a conservation easement over other property that provides a viable wildlife habitat adjacent to the Florida Ecological Greenways Network. The type and amount of habitat necessary to mitigate impacts shall be identified by the comprehensive wildlife survey. The final mitigation location and acreage shall be determined prior to rezoning the property for mining.

Criteria 9: The mining reclamation plan shall be designed in a manner that allows for

the long-term end use and redevelopment of the property as a viable mixed-use community.

P & Z RECOMMENDATION: At their regular meeting on February 12, 2018, the Hernando County Planning and Zoning Commission held a public hearing on CPAM1702. After conducting the public hearing, hearing the evidence presented, and listening to the testimony given, the Commission voted 5-0 to recommend that the LPA/BCC not transmit the Amendment package for CPAM1702 to the designated review agencies for comment. The Commission stated that the reason for the recommendation was a result of the following findings:

1. Compatibility of Mining with surrounding land uses including residential and the hospital, the impact of noise and vibrations caused not only by blasting, but by the operating of heavy equipment and conveyor, and the reasonable expectations of the surrounding property owners that the land would be developed residentially. Concerns were also expressed regarding the viability of redeveloping the site into a future residential community after reclamation.

2. Concerns regarding the need for more mining property. With just under 13,000 acres already

designated for mining on the future land use map the applicant has not provided sufficient evidence to support additional acreage designated as Mining. The Commission also expressed a concern that mining would delay development of the property to a viable residential use by 20 years, and delay reclamation of existing sites being actively mined due to the suspension of mining activities on those sites.

3. Impacts to water quality.



These findings are supported by the following Comprehensive Plan goals, objectives and policies:


OBJECTIVE 1.01H: PROTECT ESTABLISHED RESIDENTIAL AREAS AND PROVIDE FOR REDEVELOPMENT OF HISTORICALLY PLATTED LANDS.

POLICY 1.01H(2): Protect existing and future residential areas from encroachment of

incompatible uses that are destructive to the character and integrity of the residential environment.

OBJECTIVE 1.12A: TO PROVIDE GUIDANCE FOR CONSIDERING THE

TRANSITION OF MINING LANDS TO OTHER LAND USES.

MINING ELEMENT - CHAPTER 2

GOAL 1.08: HERNANDO COUNTY SHALL PROTECT ITS CITIZENS, AIR, LAND AND WATER RESOURCES FROM THE ADVERSE EFFECTS OF RESOURCE EXTRACTION AND ENSURE THAT THE DISTURBED AREAS ARE RECLAIMED TO WHOLESOME CONDITION AS SOON AS REASONABLY POSSIBLE.

POLICY 1.08D (4): Final reclamation activities shall be completed within three years of the

cessation of all mining activities.

DRAINAGE & NATURAL GROUNDWATER RECHARGE ELEMENT - CHAPTER 7

OBJECTIVE 4.08A: HERNANDO COUNTY WILL ADOPT AND MAINTAIN LAND DEVELOPMENT REGULATIONS TO REQUIRE NEW DEVELOPMENT TO UTILIZE, BUT NOT DEGRADE THE FUNCTIONS OF NATURAL DRAINAGE SYSTEMS, INCLUDING FLOODPLAINS, WETLANDS, STREAMS, RIVERS, AND LAKES

OBJECTIVE 4.10C: PROTECT AND MAINTAIN THE QUALITY OF

GROUNDWATER IN HERNANDO COUNTY BY PROVIDING CRITERIA FOR LAND USES AND THE SITING OF FACILITIES WHICH USE, HANDLE, PRODUCE, STORE, OR DISPOSE OF REGULATED SUBSTANCES AND BY PROVIDING PROTECTION TO VULNERABLE FEATURES WHICH DISCHARGE DIRECTLY TO THE FLORIDAN AQUIFER.

The Planning and Zoning Commission, as a whole, agreed that the request to Commercial was consistent with the Comprehensive Plan, and that if the application was to stand alone the



Commission would have recommended that the LPA/BCC transmit the amendment to the designated review agencies for review and comment. Transmittal of the Commercial would be consistent with current development trends along SR 50 and supported by the following objective and policy:


OBJECTIVE 1.01M: HERNANDO COUNTY WILL MANAGE AND DIRECT COMMERCIAL DEVELOPMENT THROUGH THE USE OF COMMERCIAL NODES AND RELATED POLICIES.

POLICY 1.01M (1): Commercial development shall be guided through a classification

of commercial nodes, established primarily by function and location characteristics. Other factors, including but not limited to compatibility, opportunities for redevelopment, access, the availability of adequate infrastructure, environmental constraints and consistency with other policies may affect the size, location, function, and appropriateness of commercial development.

LPA/BCC ACTION: At their meeting on March 6, 2018, the Hernando County Local Planning Agency/Board of County Commissioners held a public hearing on CPAM1702. After conducting the public hearing, hearing the evidence presented, and listening to the testimony given, the Commission voted 5-0 to transmit the Amendment package for CPAM1702 to the Department of Economic Opportunity and designated review agencies for comment.

STAFF REPORT: Version Date: March 9, 2018

Documents

Transcript of STAFF REPORT: Version Date: March 9, 2018