Resolution 1987-184
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AOCUST 11, 1987
RESOLUTION 87-.-184
RELATING TO PETITION NO. pc.-87-1C FOR
PROVISIONAL USE OF PROPERTY HEREr:;AFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
~tHF:REAS, the LegielA.ture of th~ State of Florida ~.n ChaJ.ters 67-1246
and 125, Florida Statutcfl, has conferred on all counties In Florida the
pover to establish, coordinate and enforce zoning And Buch business
regulations 86 are neCe&fury for the protection of the public; and
\.i11.EREAS. The County pursuant thereto haB adopted a Corrprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geogrs?hic divisions of the County, among ....hich Is the granting of
provisional uses; and
iolHEREAS, the Callter County Planning Corr;m1~~lon, being the duly
eppointed and constituterJ planning board for the area hereby affected,
has 'held i\ public hearing after notice a8 in said regulations made and
provided, and has conAidered the advisability of Prwisional Use "g" 1n
8 C-3 zone for the pro?erty hereinafter described J and has found ae a
catter of fact that satiaf.3.ctory provision and ar":"angement has been
'>
I made concerning all applicable matters required by Raid regulations and
in accordance ....ith Section 13 - Id of tre Zoning Regulations for the
Collier County Planning Commission; and
I,tHERF..AS, all interefted parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented.
~OW, THEREFORE BE IT RESOLVED. BY TIlE BOARD OF ZO~ING APPEALS of
Collier County, Florica that the petition of Vinea and Associates
representing Barron Collier, III, with respect to the prOFerty herein-
after described 8S:
Exhibit "A" which 18 attached hereto and incorporated by reference
herein
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^UGUST 11, 1987
be and the same 15 hereby approved for Pro',isional Use "g" of the
c-] zoning distr~ct ror residential/commercial mixed use subject
to the following conditions:
Exhibit "B" which is attached hereto and incorporated
by rcfcr.cnce h~rein
This Resolution shall become effective on August 14, 1987.
BE 17 FURTHER RESOLVED that this Resolution bc recorded in
th~ minutes of this Boar~.
Com.rrissioncr Glass of fered the fcregoing re~olution and
moved its ad0~tion, secr;~d~d ~)j CGmmi5Si0~e[ Gccd~ight and uran
roll call, the vot~ was:
AYES; Corru'7lissirJ:1<:,rs r;.lf:js~-j, G00dnlrjht, Pistor, Saunders and Hasse
NAYS: Hone
ABSENT AND :lO':l VOT I:1G:
~;one
ABSTENTION: Hon~
Done this ~ It.h '1-'),/ 0f Allqust, 1987.
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'Appro~ed'as to form and
leg&l sufficiency:
!1n>e~ ?;~
.County Attorney
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PU871C Resolution
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A1Xll3T 11, 01987
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EXHIBIT "A"
All of Block C. Varderbilt pp.-ach Center as reco:caod in Plat
a:xok 3, Page 11), Public pe=rda of collier County, Florida,
regal [escription for Pditim rv-87-1C
AIJGlJiT 11, 1987
AGREEMENT
I, BIll V:.nes. as Q'WTIcr or authorized agent for Petition I'U-87-1C.
agree to the following stipulations requested by the Collier CClunty
Planning Commission in their public hearing on Hay 7, 1987.
a) Petitioner shall be subjc(:t to Ordinance 75-21 (or the
tree/vegetation removal ol"dlnance in existence at th~ time of
permitting). requiring th~ acquisition of a tree removal permit
prior to any land clearing. A site clearing plan shbll be
submitted to tIle Natural Resources Management Departn:ent and
the Bllilding ['cpartment for their review and approval prior to
any substantial work on the site. This plan may be submitted
in pllDses to cc~ncide with the developmcllt sche1ule. The site
clearing plan shall clearly depict how the fInal site layout
incorporates retained native vegetation to the maximum extent
rossi~le and how roads, bujldings, lakes, rnrki~~ lots, and
other fnciliths have been ;:~iented to accommodat" 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 Building Department f0r their
review and approval. This plan will depict the incorporation
of nativ~ species and their mix with other species, if any. The
goal of site landscaping shall be in the re-creation of native
vcg~tation and habitat characteristics lost on the site during
construction or dU3 to past activities.
c) All exotir plants, as defined in the County Code, shall be
rem0ved during eoco phase of construction from development
nreas, open space areas, nnd preserve areas. Following site
development D maintenance program shall be implcmente(! to
prevent reinvnsion of the site by such exotic species. This
pinn, which will describe control techniques and inspection
intervals, sllall be filed with and approved by the Natural
ReSOtlrCes Management Department anrl the Building Department.
d) If, during the course of site clearing, excavation, or 0ther
constructional activities, an arcllaeological or historical
site, artifact, or other indicator is discovereD. all
development at that location shall PC immediately stopped and
the Natural Resources Management Department notified.
Development will oe suspended for a sufficient length of time
to enable the Nntural 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 ReS0tlrCes 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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lOR C'c 23-1
~IllK lOOn<., 235
AUGUST 11, 1987
e) Any cabbage palms threat~ned with destruction should be
tranRplanted on site as landsca~lng or removed for
transplanting elsewhere.
f) 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 propoAed construction in
J)ccordancc wi tn t~l~ submitted plans is granted by the County
Engineer.
g)
In accordance with the Rules of the South Florida Water
Hanagemer.t District, (SFWHD) Chapters 40E-4 and 40E-40. this
project shall he designed for a storm event of J-year return
frequency and I-hour duration iTt accordance with South Florida
Hflter Managemcrt District Volume IV, Section 3.2.2.2.
0)
There ~hall be no direct access to Vanderbilt Beach Road.
1)
Access points along Center Street. Commerce St~ee~:. Bnd Gulf
Shore Court shall comply with Ordinance 82-91 which among other
requirements s~ecifies access points a minimum 180 feet from
intersecting right-of-way lines unless waived by the COllnty
Engineer" .
j)
Road Impact Fees shall be based on the fee schedule Bet forth
~n Ordinance 85-55. revisions thereof as appropriate based upon
assumption of maximum traffic generation as set forth in
Section Four of the current ordinance.
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All work within the right-of-way shall be by right-oE-way
pel-mit only and shall be in conformance with Ordinance 82-91.
The building permit shall be reviewed by the Engineering
Department for conformance with avplicable criteria. /
A fire hydrant 'dl1 also be required within 250 feet of the vJ"
building on an 8" main. ~...a.".( ,,:;/ re-4~.~J..#lM~r..
n) A 10 foot landscaped buffer will be required along the east
property line in accordance witn the standards of 8.37 of tne
Zoning O~dina~ce.
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0) A 50 foot building setback will be ~equired along the east
property line abutting residential property.
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A\:GUST 11, 1987
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NOTARY
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All standards for mixing commercial and r9sidentinl land uscs
shall be met at time of site plan approv~ as contained in the
Petition ZQ-87-1C.
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
~
. 1987.
QF
SEAL
~C:HY fUellC suH Of flO~lOl
~, CO"_I5SIO" UP. AP~ i7.1HI
,nM('.[O l~~U (j(~(Ul I~S. ulW.
MY COMMISSION EXPIRES:
PU-87-1C Agreement Sheet
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FINDING OF FACT
BY
COLLJER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-87-IC
The following facts are found:
AUGUST 11; 1987
1.
Section 7.22h3)(g)
provisional use.
of the Zuning Ordinanc~ authorized the
2. Granting the pr0visf~nal use will not adversely affect other
property or uses in the snme district or neighborhood because of:
A. General compliance with the Comprehensive Plan:
B. Ingress and egress to prcper~y and proposed structures thereon
with particular reference to automotive and pedestrian safety
811d convenience, traffic flow and control. nnd access in case
of fire or catastrophe:
C. Affects neigllboring properties in relation to noise, glare,
economic or odor effects:
D. General compatibility '.,,:lth adjacent properties and other
property in the district:
Based on the above fin<lingsl this previsional t.:se should.
stipulations. (copy atteched) (.'0~I/ Rot) be recyded
DATE: 6/1/11 chair'!.7..&
FINDING OF FACT FORM
with
for
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