Resolution 1987-119
"
MAY 26. 1987
RESOLUTION 87- 119
RELATING TO PETITION NO. PU-86-31C 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
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 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 sffected,
has held a public hearing after notice as in said regulations made and
provided, and has conddered the advisability of Provisional Use "a" in
an E-Estates zone for the property hereinafter described. and has found
as a matter of fact that satisfactory provision ~nd arrangement has been
made concerning all applicable matters required by said regulations and
in accordance with Section 13 - 1d of the Zoning Regulations for the
Collier County Planning Commission; and
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, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County. Florida that the petition of Dr. Neno J. Spagna repre-
'''l:~_.m.:':~t.'.~~~4CJ1I'n''~h''1.mf,:~~An',:~e_ wd..ith :;;.me~Clr" .f1It.o '~-:t.he
property hereinafter described aA:
Exhibit
"A"
which
is
attached
hereto
and
incorporated
by reference herein
..-.:
MAY 26, 1987
tOOK 104 W.[ 492
EXHIBIT "An
Tract 163 and 164, Golden Gate Estates, Unit 27, Section 14,
Township 49 South, Range 26, Plat Book 7, Page 18, Public
Pe=rds of O:lllier O:lunty, Florida.
Legal Description for Petition PU-86-31C
-
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be and the eame is hereby approved for Provisional Use "a" of the
MAY 26 I 1987
tions:
E-Estates zoning district for church subject to the following condi-
by reference herein,
Exhibit "B" which is attached hereto and incorporated
minutes of this Board.
BE IT FURTHER RESOLVED that this resolution be recorded in the
Commissioner
Glass
offered the foregoing resolution
and moved its adoption, seconded by Commissioner
~;n JMPrS
and upon roll call, the vote was:
NAYS: !>boo
AYES: Camti.ssioners Glass, Saunders, Pistor, G:xldnight and Hasse
ABSENT AND NOT VOTING: N::>ne
ABSTENTION: N::me
Done this 26th
day of
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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R, B U E ANDERSON
ASSISTANT COUNTY ATTORNEY
PU8631C Resolution
Mav
, 1987.
BOARD OF ZONING APPEALS
COLLIER CO . FLORIDA
MAY 26, 1987
&OOK 104 '1'.[ 494.
AGREEMENT
It Dr. Neno J. Spagna. 8S owner or authorized agent for Petition
PU-86-31C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on May 7, 1987,
a. 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 cleacin~. A site clearing plan shall be
submittedi tn: thBJ ~latl1Ta.1' ~E!'SOUI:lce&., ~l.an.agement":- Department:: and
the Community Development Division for their review and
al':Llroval 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 exten.t 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 in 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.
Uevelopment 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 e timely and efficient manner so as to
provide only a minimal interruption to any constructional
activities,
- -
,
MAY 26, 1987
e. The cypress slough and psrt of the wet prairie area (i.e. east
of the proposed parking area, beginning at about 200 feet north
of the southern boundary) shall be maintained as a wildlife
preserve area, This area shall be designated with flagging,
and subject to the approval of NR}ffi, The petitioner shall
submit plans that will allow for the flow of runoff water, and
its containment, into the adjacent cypress woodland.
f. Re-design parking area to prevent removal of cypress in excess
of 4" DBH. Relocate parking spaces in Vicinity of area
originally proposed.
g, Existing cabbage palms (and other nstive trees) whenever
practical, shall be saved for transplant as landscape
components. All orchids must be transplanted in proper
habitats on site,
i. Review snd approval of the building permit, including the
storm-water management system.
h. 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,
j, A right-of-way permit shall be required for all work within the
County right-of-way,
k, The establishment must submit complete plans to Collier County
Public Health Unit for review snd approval before a permit can
be issued for OSDS or Non-Community water system.
1. A landscape buffer in accordance with Section 8,37 of Ordinance
82-2 shall be provided along the South property line adjacent
to the parking area,
m, A detailed site plan shall be submitted at time of building
permit application incorporating the above stipulations as
appropriate.
m, A detailed site plan shall be submitted at time of building
permit application incorporating the above stipulations as
appropriate.
,""'- 'il'o-dmperv1LOUt; 1I1lat:1!r1ll1<ltoJobe,.-.-a ,""",'/Ea1!tl'2e5.>4Df.fPrOPetty
(See stipulation 0).
o. Development within East 170' must receive approval from
Florida Power & Light prior to start of any construction in
this area,
p, If no development is allowed in East 170', size of church and
educational area may have to be reduced to meet parking
requirements within land area still available for building.
MAY 26, 1987
104. PA[.f 496
q. All future signs must be approved by Zoning Director/or her
designee,
r, Any future lighting must be located so as to prevent glare to
neighboring properties.
s. Comply with offstreet parking landscaping requirements of
Section 19 of the Zoning Ordinance,
t. Limit access on 15th Avenue SW to one (1) egress point.
SWORN TO AND SUBSCRIBED
DAY
.;
OF
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NO ARY
. 1987.
SEAL
.auu PUt!\.le :UT[ OF FlOAlOl
It'f tl)l'llll$stOIl ElP. Ailll 27.1991
10;0"0 lllRU ~1l(RAL IItS. \lIlO.
MY COMMISSION EXPIRES:
PU-86-3lC Agreement Sheet
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-86-3lC
The following facts are found:
1.
Section 7 ] 0 h 1) ( " )
provisional use.
of the Zoning Ordinance authorized the
2. Granting the provisional use will not adversely affect other
property or useain the sallie district or neighborhood because of:
A. General compliance with the Comprehensive Plan:
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 1n case
of fire or catastrophe:
C. Affects neighb0ring 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
stipulations, (copy attached) (&1
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provisional u
II ,~l) be r
FI~~ING OF FACT FORM
~OOK 104 WI 497