Resolution 1987-074
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APRIL 7, 1987
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RESOLUTION 87- 74
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RELATING TO PETITION NO. PU-86-28C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapters 67-1246
and 125, Florida Statutes, has conferred on all counties in Florida the
power to establish, coordinate and enforce zoning and such business
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regulations as are necessary for the protection of the public; and
wllEREAS, The County pursuant thereto has adopted a Comprehensive
Z.'ning Ordinance establishing regulations for the zoning of particular
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ge.'graphic divisions of the County, among which is the granting of
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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 "b" and
"e" in a E-Estates zone for the property hereinafter described, and has
found as a matter of fact that satisfactory provision and arrangement has
been made concernin~ all applicable matters required by said regulations
and in accordance with Section 13 - Id of ths Zoning Regulations for the
Collier County Planning Commission; and
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WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented.
NOW, TIlEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that the petition of Wilson, Barton, SolI &
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Peek, Inc. , representing the Foundation for the Developmentally
Handicapped, Inc., with respect to the property hereinafter described as:
East 150' of Tract 76, Unit 30, Golden Gate Estates, Plat Book 7,
Page 58, Official Recorda of Collier County
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APRIL 7, 1987
be and the same is hereby approved for Provisional Use "b" and "e" of the
E-Estates zoning district for a private school and a rehabilitation
center subject to the following conditions:
Exhibit "A" which is attached hereto and incorpor.ated
by reference herein.
BE IT FURTHER RESOLVED that this resolution be recorded in the
minutes of this Board.
Commissioner
Saunders
offered the foregoing resolution
and moved its adoption, seconded by Commissioner
Goocfnight
and upon roll call, the vote was:
AYES: Commissioners Saunders, Goodnight, Pistor, Glass and Hasse
NAYS: None
ABSENT AND NOT~VOTING:
None
ABSTENTION:
,None
Done this
7th
day of
April
, 1987.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:~a~~
MAX A. HASSE,~ JR", ,CHAI '
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. j"'~:<,.JAMES'C/~ES, CLERK
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"-;~?~"~~R~y.~"iSTO FORM AND LEGAL SUFFICIENCY:
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R. BRUCEAN~ERSON,
ASSISTANT COUNTY ATTORNEY
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MOX ID3 pm263
APRIL 7, 1987
AGREEMENT
I, John J. Lawson. 8S owner or authorized agent for Petition
PU-86-28C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on March 3, 1987.
Thst the Collier County Planning Commission forward Petition
PU-86-28C to the Board of County Commissioners with a
recommendation of approvsl subject to the following stipulations:
a. Petitioner shall be subject to ordinance 75-21 (or the
tree/vegetation removal ordinance 1n 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 Building Department for their review
and approval prior to any substantial work on the site.
This plan msy ba submitted in phases to coincide with the
development schedulP.. The site clearing plan shsll
clearly depict how the final site layout incorporates
retained nat~ve vegetation to the maximum extent possible
and how roads, buildings, lakes, parking lots, and other
facilities hsve been oriented to accommodate thie 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 Building Department 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 sit. landscaping shall be in the re~creation of native
vegetation and habitat characteristics lost on the site during
construction or due to pant activities.
c. All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
aress, open space aress, and preserve areas. Following site
development a maintenance program shall be implemented to
prevent reinv8s1on 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 Building Department.
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 snd
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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APRIL 7, 1987
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As much 8S 1s possible and practical, the natural vegetatl:il\l
community on the northern and southern (approximately)
one-third of the property shall be retained and maintained aa a
buffer area-between the proposed structures and surrounding
properties.
f.
Detailed site drainage plans shall be submitted to the County
Engineer for review. No construction permltR shall be issued
unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the County
Engineer.
It should be noted that the proposed development will generate
a much larger volume of turning movements than the current
zoning for single-family homes. The large volume of turning
movement will conflict with the thru movements on Golden Gate
Parkway creating possible hazardous turning movements and
delays to the thru traffic. The volume of turning movements
generated by the proposed development does not meet or exceed
the minimum volume to require a right-turn lane per Ordinance
82-01. Accordingly, the Transportation Department does not
require a turn-lane by Ordinance but h1~hly recommends that the
developer provide a right turn-lane on Golden Gate Parkway at
the project entrance. Also, it is highly recommended that
access be considered by the developer from 58th Street
Southwest as originally provided for by GAC Properties, Inc. if
and when such access becomes available.
h.
Based on p"l:"0jected traff:1.c volumes, there shall be no median
opening opposite the project entrance. Should it ba shown that
employees or clients of the project are causing problems by
driving across the median to gain access to or from the site,
the petitioners shall be required to provide median curbing at
their expense.
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The property owner remains responsible to advise all employees,
clients, etc. of the need to exercise caution and good
judgement in entering and exiting the project.
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APRIL 7, 1987
At tho time of building permit application a detailed site
plen ehell be submitted for review and approval. This plen
shall depict a landscape buffer, in accordance with Section
8.37 of Ordinance 82-2, along the western property line
adjacent to the proposed facilities.
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1'''0'' to llCl. ~_I"J' P TONER OR AGE
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NOTARY
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SWORN TO AND SUBSCRIBED BEFORE ME
OF ~~ , 1987.
THIS Irt!,
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MY COMMISSION EXPIRE~:
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PU-86-28C Agreement Sheet
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APRIL 7, 1987
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-86-28C
The following facts are found:
1. Section 7.10 b)3) (b) (d)of the Zoning Ordinance authorized the
provisional U8e.
2. Granting the provisional use will not adversely affect other
property or uses in the same district or neighborhood because of:
A. General complisnce with the Comprehensive Plan:
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B. Ingress and egress to property and proposed structures thereon
with,particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in cas.
of fire or catastrophe:
C. Affects neighboring properties in relation to noise, glare,
economic or odor effects:
D. General compatibility with adjacent properties and other
property in the district:
Based on the above findings, this provisional
stipulations, (copy attached) (el,v"ld uvL) be
J/J13 7
Chairman
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FINDING OF FACT FORM
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&OO~ 103 PAGE 266
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