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Resolution 1989-010 JANUARY 10, 1989 RESOLUTION 89-10 RELATING TO PETITION NO. PU-88-20C 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 thereto haR adopted a Comprehensive Zoning Ordinance establishing rege'lations for the zoning of particular geographic divisions of th. County, among which is the granting of Provisional Uses; and '- WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Provisional Use 8.10b in an MHRP district for a sewage treatment plant for property located approximately 1/2 mile south of East Tamiami Trail 1,200 feet west of Barefoot williams Road, south of Hitching Post Mobile Home Park in Section 33, Township 50 South, Range 26 East,containing 4.34 acres more or less, on the property hereinafter described, and has found as a matter 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 l3.ld,of the Zoning Regulations for the Collier County Planning Commis&ion; and WHEREAS, all interested parties have been given opportunity to be heard by this Board-in a vuLlic meeting assembled and the Board having considered all matters present~d. e~-5~'.../I./ JANUARY 10, 1989 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that the petition of Bruce Green & Associates, Inc., representing Lee Williams with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Provisional Use 8.l0b of the MHRP zoning district for a sewage treatment plant for property located approximately 1/2 mile south of East Tamiami Trail, 1,200 feet west of Barefoot Williams Road, south of I Hitching Post Mobile Horne Park in Section 33, Township 50 South, Range 26 East, containing 4.34 acres more or :"ess, subj ect 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 pennitting), requiring the acquisition of a tree removal penn it prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department 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-oil Lh~ tilLt! cJ.Ul:.Luy construction or due to past activities. c. All exotic plants, as defiAed in the County Code, shall be removed during each phase of construl:tion from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented /J_ . ~ .5 ~ - ,#-. do... - '~~'--_'~"'""'---_.'-----'_--~-_'''~'..~,.-_.,.~~.,~..-.... t-, ~" I~' ....,,, " '. ...',....,. ; i,~, " ~'.' ~.... y:~:;" '.-, JANUARY 10, 1989 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 disco'..ered, all development at that location shall be immediately stopped and the Natural Resources Management Deparblent 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 detennine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notific1tion in a timely and efficient manner so as to provide, only a minimal interruption to any constructional activitins 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. f. Federal Department of Environmental Regulation Construction Permit is required. g. A landscape buffer, in accordance with Section 8.37 of Zoning Ordinance 82-2 shall be installed around the North, East and West sides of the site to form a visual and olfactory screen. Flowering plants that can reodorate the atmosphere are encouraged, and recommended species include: Citrus, wax myrtle, wild tamarind, crape jasmine, gardenia, orange jasmine or loquat. h. Any lighting or illumination shall be located so as to prevent glare upon adjacent properties. i. Construction of the facility shall be subject to requirements and approval of all other agencies claiming jurisdiction over construction of wastewater treatment facilities. j. The actual plant facility shall have a 50 foot setback from the North, East and West parcel boundaries. k. At the time of building permit application, detailed site plans shall be submitted, incorporating the above stipulations as appropriate, for review and approval. y~..5O{-/l. -3 -,...... ",.,..<,..._,~".,------_.__.. - 11' \' ~\ ',0" ~~: ) , ~\<' ','." .',.' " ;,~: '". <"" F\ 'I~- <, JANUARY 10, 1989 BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Goodnight offered the foregoing resolution and moved its adoption, secunded by Commissioner Hasse and upon roll call, the vote was: AYES: Commissioners Goodnight, Hasse. Volpe and Saunders NAYS: None ABSENT AND NOT VOTING: Commissioner Shanahan ABSTENTION: None Done this 10th 1989. January day of BOARD OF ~ONING APPEALS ::k~RIDA '\',\[,fI(J u-- ATTEST:"','< 1,'" -. . -, ... ,;~sZ" I~~i:CLERK ~J - . . 7fY - /I ~--:tf. ~.~. ..J t//(~A./~. M'.~OVED AS. TO FORM AND LEGAL SUFFICIENCY: ~ 't; ". .,...... . " . If I,') 1 ~ \\ \ J-n,..,~. ~"rr,;J!t'U~h/C MAiti IE M. S DENT ASSI ANT COUNTY ATTORNEY PU-88-20C RESO~~ION PC<-1?~ .sa.'r- ;t-. jL '-~-"-""- "--.-.--.-."---. -~",~"",-,~-""""".""-",-,,,,'~'''.,"....",.,.