Resolution 1989-211
AUGUST 22. 1989
RESOLUTION 89-211
RELATING TO PETITION NO. PU-89-4 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the LegiSlature of the state of Florida in Chapter
67-1246, Law. of Florida, and Chapter 125, Florida statut.., haa
conferred on Collier County the power to establish, coordinate
and enforce zoning and such business regulations as are
necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning ordinance establishing regulations for the
zoning ot particular geographic divisions ot the County, among
which is the granting ot Provisional Uaes; and
WHEREAS, the Collier County Planning commission, being the
duly appointed and constituted planning board tor the area
hereby affected, has held a public hearing atter notice as in
said regulations made and provided, and has conaidered the
advisability ot Provisional Us. "a" in an "E" Estate. zone tor
a church and related facilities on the property hereinafter
described, and has found as a matter of tact (Exhibit "A") that
satisfactory provision and arrangement has been made concerning
all applicable matters required by said regulations and in
accordance with Section lJ.l.d ot the zoning Regulations tor 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 ot collier County, Florida that the petition ot Dr.
Neno J. Spagna representing the North Naples Baptist Church,
Inc., with respect to the property hereinafter described as:
Tract 7, Golden Gate Estates, Unit 97, as recorded in Plat
Book 7, Pages 95 , 96 at the Public Records of Collier
County, Florida. Subject to easements, restrictions, and
reservations of record.
9~ /9-fi./
00029
AUGUST 22. 1989
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PINDING OP PACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL OSE PETITION
FOR
Pt1-89-4
The following facti are found.
1. Section 1.10..1)(.) ot the Zoning Ordinance
authorized the provisional use.
2. Granting the provisional use will not aaversely affect
the public-interest and will not adversely affect other
property or ules in the lame district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with F~prehen.ive Plan
Yes ~ No _____
B. Ingres. And egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and Ace... in cas. of
tire or catastrophe:
Adequate inqr~ ' egress
Yes -A- No _
c. Affects neighboring properties in relation to
no~, glare, economic or odor effects:
--Ll- No affect or Affect mitigated by
_ Affect cannot be mitigated
D. General compatibility with adjacent propertie. and
other property in the district:
Compatible u", within district
YeS~No_
Based on the above findings, this provisional use should,
with stipulations, (copy at~ached) (should n~o.
recommended for approval .....l::f'Pt!..4VA '-. _ .... II. .
MR. ... A ," ~, _. "''!!~ .~
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PINDING OF PACT ME!lBER:. c',' '~;!t1Vt~." '.'Ii~- .
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00031
AUGUST 22. 1989,
AGREEKENT
Or. Neno
PU-89-4,
Collier
on August
J. Spagna, as owner or authorized agent tor
agree to the following stipulations requested
County Planning commission in their public
3, 1989.
I,
Petition
by the
hearinq
A. Future applications tor development associated with
this Petition, includinq SUbdivision Approval, Site
Devslopment Plan Approval and Buildinq Permit are
subject to the availability of adequate public
tacilities as defined by the Concurrency Management
System.
B. Petitioner shall be subject to Ordinance 75-21 [or
the tree/vegetation removal ordinance in existence
at the time of permittinqJ, requirinq the
acquisition of a tree removal permit prior to any
land clearinq. A site clearinq plan shall be
submitted to Environmental Resource Management and
the Community Development Division tor their review
and subject to their approval prior to any work on
the site. This plan may be submitted in phases to
coincide with the development Bchedule. The site
clearing plan shall clearly depict how the tinal
site layout incorporates retained native vegetation
to the maximum extent possible and how roads,
t~ildings lakes, parking lots, and other facilities
have been oriented to accommodate this goal.
C. Native species shall be utilized, as described
below, in the site landscapinq plan. A landscapinq
plan tor all landscapinq on the development shall
be submitted to the County Landscape Architect and
to a County Environmental Specialist tor
their review and shall be SUbject to their
approval. The landscape design .hall incorporate a
minimum ot 6Cl native plants, by number, including
trees, shrubs, and ground cover. At least 60% ot
the trees, 60t of the shrubs, and 60t ot the
qroundcover shall be native species. At the
discretion a! the County Landscape Architect or
County Environmental Specialist a higher percentage
o! trees or shrubs can ottset an equal percentage
9~ /9-4-.1/-
00032
OF
SWORN TO AND
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SEAL
IlY COlllfISSION EXPIRES I
PU-S9-4 Agreement
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PETITION OR GEN'
~AT\~ CCPC
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, 1989.
SUBSCRIBED BEFORE ME TIllS
3 It d DAY
(1t-~ k.
NOTARY
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