Resolution 1989-037
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FEBRUARY 14, 1989
RESOLUTION 89--11
RELATING TO PETITION NO. PU-88-21C 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 hS are
nocossary for the protection of the publici and
WHEREAS, the County pursuant thereto has 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
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 "a" in an "E" Estates zone for a
church and church related facilities for property located on the
northwest corner of 5th Avenue Southwest and C.R. 951 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 13 - 1d of the ~oning
Regulations for the Collier County planning Commission: and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in a public meeting assembled and the
Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING
APPEALS of Collier County, Florida that the petition of Neno J.
Spagna, Florida Urban Institute, Inc., representing The Bethesda
Church of Christ, with respect to the property hereinafter
described as:
The South 180 feet of Tract 114, Unit 1, Golden Gate
Estates, as described in that certain Deed recorded in
Official Record Book 869, Page 489, Public Records of
Collier County,
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FEBRUARY 14, 1989
be and the same is hereby approved for provisional Use "a" of
the "E" Estates zoning district for a church and church related
facilities tor property located on the northwest cornar of 5th
Avenue Southwest and C.R. 951 subject to the following
conditions:
~. 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. ~ site
clearing plan shall be submitted to the Nat~ra1
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 8ud how roads,
buildings, lakes, parking lots, and other f.cilities
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 on
the site during construction or 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
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 any
constructional activities.
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FEBRUARY 14, 1989
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.
t. There shall be no direct access to C.R. 951. Access to
the site shall be via 5th Avenue S.W.
e.
g.
h.
plans for the septic system will need to be submitted to
the Collier county Public Health Unit (CCPffi') for
necessary review and approval. Plans for the public
water supply well will need to be submitted to the
South Florida Water Management District (SFlillD) and the
CCPHU for necessary review and approval.
The developer shall comply with all the Florida
Department of Environmental Regulation and the
Department of Health and Rehabilitative serrices
regulations relating to septic tank use.
The petitioner must provide some type of pr,)Vision for
water supply for fire suppression on-site. possible
alternatives inc.lude the following: installation of a
well with a pump, an on-site storage tank, a drafting
well, or a fire sprinkler system. Such provision must
be provided at the time of, or prior to, building permit
application.
All construction within the right-of-way shall be in
accordance with Ordinance 82-91.
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A site grading, paving and drainage plan must be
submitted for review and approval prior to issuance of a
building permit.
A buffer per Section 8.37 of the zoning Ordinance (82-2)
shall be provided along the northern, western, and
southern boundaries of the parcel adjacent to the
developed portion of the property. Existing native
vegetation may be utilized in providing this landscape
buffer. In addition,All existing native vegetation
shall be retained along the north property line (within
the setback area) to act as a further buffer and All
existing native vegetation shall be retained in the
water retention area along the west property line
(except that which must be removed for water management
purposes) to act as a further buffer. Also,
parking/security lights shall be located so as to
prevent glare upon neighboring properties.
A detailed site plan shall be submitted at the time of
building permit application and shall conform with all
&pplicable requirements of the Zoning Ordinance (82-2)
e.g., parking, landscaping, development standards.
Also, the plan shall incorporate all stipulations
recommended by staff, where appropriate.
Reserved parking for this project must receive site
development plan approval per Section 8.21 of the zoning
Ordinance.
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FEBRUARY 14, 1989
o. This Provisional Use approval shall grant to the
petitioner the right to construct the church building as
set forth generally on the site plan attached hereto as
Exhibit "BU. The construction of additional building(s)
(other than validly permitted accessory maintenance or
storage facilities) is prohibited unless and until
considered and approved by the Board of County
Commissioners in a separate Provisional Use hearing.
BE IT FURTHER RESOLVED that this resolution be recorded
in the minutes of this Board.
Commissioner
Vo1pp
offered the
foregoing resolution and moved its adoption, secc;nded by
commissioner
ShanahRn
and upon roll. call, the
vote was:
AYES: Commissioners Volpe, Shanahan and Saunders
NAYS: Commissioner Hasse
ABSENT AND NOT VOTING: Commissioner Goodnight
ABSTENTION: None
Done this
day of 'F'phrllf1ry
14th
1989.
BOARD OF ZONING APPEALS
COLLIER OUNTY, FLORIDA
CHAIRMAN
ATTEST:
J.AME,S ~J;'" fLE.S, CLERK
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~PPROVED AS TO ~ORM AND LEGAL SUFFICIENCY:
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PU-89-21C RESOLUTION
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Exhibits
for this
Resolution can be
found on Microfilm
at the
Minutes and Records
Department