Resolution 1988-262 •
OCTORER 11 , 19FU3 i
RESOLUTION 88-262
RELATING TO PETITION NO. PU-88-12C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, The County pursuant ti.ereto Sias adopted a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
• geographic divisions of the County, among which is the granting of
provisional uses; and
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WHEREAS, the Collier County Planning Commission, being the duly
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• appointed and constituted planning board for the area hereby affected,
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has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Provisional Use "f" in a
RMF-6 zone for the property hereinafter described, and has found as a
ma,:ter of fact (Exhibit "A") that satisfactory provision and arrangement
has been made concerning all applicable matters required by said
regulations and in accordance with Section 13 - ld of the Zoning
Regulations for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
• � • t considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that the petition of Neno J. Spagna representing
The Shelter for Abused Women with respect to the property hereinafter
described as:
Lots 6, 7, 12, and 13, Tamiami Heights Subdivision, recorded in
Official Record Book 1161, Page 386, Collier County Florida
Public Records.
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OCTOBER 11, 1988
be and the same is hereby approved for Provisional Use "f" of the RMF-6
zoning district for a Rehabilitation Center subject to the following
conditions:
• a. Petitioner shall be subject to Ordinance 75-21 [or the tree/
vegetation removal ordinance in existence at the time of
permitting] , requiring the acquisition of a tree removal permit
prior to any land clearing. A site clearing plan shall be
submitted to the Natural Resources Management Department and
the Community Development Division for their review and
approval prior to any substantial work on the site. This
plan may be submitted in phases to coincide with the
1 , ; development schedule. The site clearing plan shall clrnrly
depict how the final site layout incorporates retained native
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vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
b. Native species shall be utilized, where available, to the
maximum extent po®eible in the fate land€caping design, A
landscaping plan will be submitted to the Natural Pann"rr.a
Management Department and the Community Development Division
for their review and approval. This plan will depict the
incorporation of native species and their mix with other
. species, if any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat characteristics
lost on the site during construction cr due to past activities.
c. All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenance program shall be implemented to
prevent reinvasion of the site by such exotic species. This
plan, which will describe control techniques and inspection
intervals, shall be filed with and approved by the Natural
Resources Management Department and the Community Development
Division.
d. If during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
• site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and
the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of time
to enable the Natural Resources Management Department or a
designated consultant to assess the find and determine the
proper course of action in regard to its salvageability. The
11 Natural Resources Management Department will respond to any
such notification in a timely and efficient manner so as to
provide only a minimal interruption to nny constructional
I activities.
e. Detailed site drainage plans shall be submitted to the County
Engineer for review. No construction permits shall be issued
unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the County
Engineer.
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f. There shall be no onmsite expansion of the provisional use.
g. If it becomes apparent to the Zoning Director that more parking
( • (than currently exists as shown on the site plan) is necessary,
the Director reserves the right to require additional parking.
• h. Lots 6 and 7 shall not be sold while this provisional use is in
effect.
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OCTOBER 11, 1988
le , • i. The petitioner shall not construct the chain link fence to
surround Lots 12 and 13.
i j. At the Board of County Commissioner's meeting on cr
immediately following October 11, 1989 (i.e. one year from the
date of this Resolution) Petitioner shall present to the Board
a complete and comprehensive report on the operations of the ;
''' 1. shelter including, but not limited to, police reports or
complaints, if any, neighborhood disturbances, if any, and
neighborhood complaints, if any. Such report shall be
'v., formally presented and discussed at an advertised public
hearing which shall provide an opportunity for any interested
`y person to be present and comment on the report.
Based upon the report and related evidence presented at the 0
hearing, the Board shall be authorized to (1) take no action
with regard to this approved use or (2) take such action as it ,'
deems necessary including a revocation and cancellation of the
' use authorized pursuant to this Resolution or the imposition
of such additional conditions as the Board finds necessary
7?:.' • from such report. This constitutes a stipulated condition
between Petitioner and the Board of County Commissioners upon •
which approval of this Resolution, in part, is based,
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BE IT FURTHER RESOLVED that this resolution be recorded in the
`1 minutes of this Board.
I : Commissioner Pistor offered the foregoing resolution •1'
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and moved its adoption, seconded by Commissione-, Glass
r, . and upon roll call, the vote was:
a.
j _t APES: Camiissioners Pistor, Glass and Saunders
N \•
NAYS: Commissioners Hasse and Goodnight i;
1 ABSENT AND NOT VOTING: None
1•it• - :; ABSTENTION: None ,;
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Done this llth --day of October ________, 1988.
, i BOARD OF ZONING APPEALS
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COLLIER COUNTY, FLORIDA
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0, �.�1��="tom
` BY:
t �� BURT L. SAUNDERS, CHAIRMAN
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y: A ')ES)3 1.
U'' " ,., '. DAMES C CILES, CLERK
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, , ., APPROVED AS•TO FORM AND LEGAL SUFFICIENCY:
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I t:✓
KENNETH B. CUYLER
' COUNTY ATTORNEY
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PU-88-12C CCPC P.U. Resolution
1 f
OCTOBER 11, 1988
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FINDING OF FACT
BY i
COLLIER COUNTY PLANNING COMMISSION • ,..i.;
FOR
A PROVISIONAL USE PETITION
FOR
ti
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PU-88- I2C
The following facts are found:
1. Section 7 . 1 2 b. 3) (f) of the Zoning Ordinance authorized the
provisional use.
2. Granting the provisional use will not adversely affect the public
interest and will not adversely affect other property or uses in •
the same district or neighborhood because of:
A. General compliance with the Comprehensive Plan:
i Complies with Comprehensive Plan a
Yes K No
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B. Ingress and egress to property end proposed structures thereon
with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case
of fire or catastrophe: t
' Adequate En$ress & egress
Yes x No
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C. Affects neighboring properties in relation to noise, glare,
ec nomic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
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D. General compatibility with adjacent properties and other
A property in the district:
Compatible within district .
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i Yes No ,_
Based on the above findings, this provisional us ld, with
stipulations, (co ould not) be rec a ded fo oval
f •
DATE; f 1s8 Chairman: ;,
Exhibit "A"
FINDING OF FACT FORM
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