Resolution 1987-010
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JANUARY 13, 1987
RESOLUTION 87-10
RELATING TO PETITION NO. PU-86-18C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
~~ER~\S, 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 pu!suant 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 COlllllliss!on, 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 "e" in
a "E" Estatds zone for the property hereinaft,:r described, and haa found
as a matter of fact that satisfactory provision and arrangement has been
made concerning all applicable matters required by said regulations and
in accordance nith Section 13 - 1d of the Zoning Regulations' - for the
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Collier ~ounty Planning COllllllission; 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.
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NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
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Collier County, Florida that the petition of Wilson, Miller, Barton,
SolI and Peek, representing Foundation of Mental Health, Inc., with
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respect to the property hereinafter des~ribed as:
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East half of Lot 50 of Golden Gate Estates, Unit 30,
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as recorded in Plat Book 7, Page 58, Public Records
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of Collier County, Florida.
be and the same is hereby approved for Provisional Use "." of the "E"
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Estates zoning district for expansion of the existing Davi4:' Lawrence
Mental Health Center subject to the follOWing conditions:
JANUARY 13, 1987
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11, A site clearing plan shall be submitted to the Natural Re-
sources Management Department lInd the COllllllunity Development
Division for their review and approval prior to any subatan-
tiel 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 incorpo-
ratcs retained nlltive vegctation to the maximum extcnt p08si-
ble 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 Natura~ Resources
Management Department and the COIIIIIIunity Development Division
for their review and approval.
This I ....an will depIct the
incorporation of native species and their mix with other
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stfecies, if any. The goal of sit~ landscaping shall be the
re-creation of native vegetation and habitat characteristics
lost on the site during construction or due to past activi-
ties.
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 contro:i techniques and inspection
intervals, shall be filed wlth and approved by the Natural
Resources Management Department and the Community Development
Division.
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d.
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If during the course of aite clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact. or ot.her indicator is discovered, all develop-
ment at that location shall be iIIIIIIediate1y stopped and the
Natural Resources Management Department notified. Development
Mn'l: 100rvl!17fl
JANUARY 13, 1987
aOOK 100 PAr.: 571
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.
e. Submit revised si~e plan showing northern loop road deleted
and rear parking lot reoriented.
f. Entire northern portion of middle tract to be used as mitiga-
tion area as per agreement with EAC, with the exception of
ground between the wings of the old and .'.ew buildings, which
is to be available as an activity area.
g. R';inove exotics by using small equipment or by hand cutting.
h. Detailed site drainage plans shall be submitted to the County
Engineer for review. No construction permit~ ~hall be issued
unless and until approval of the proposed construction in
accordance with the submitted planll is granted by the County
Engineer.
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i. In accordanc. with the Rules of the South Florid. '~ater
Management District (SFWMD), Chapeers 40E-4 and 40E-40, the
entire David Lawrence Mental Health Center property shall be
designed for a storm event' cf 3-day duration and 25-year
return frequency unless the entire Center property complies
with SFWMD Chapter 40E-4.053 Conditions for Exemption.
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j. The new facilities shall use existing accesses to Golden Gate
Parkway.
No new accesses shall be permitted.
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Based upon
traffic volumes per Ordinance 82-91, the existing accesses may
require improvements to include right-turn lanes.
at the timc of Building Permit issuance.
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JANl..lI\RY 13, 1987
k, The six Inning of Golden Gate Parkway will rcquire additional
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right-of-way for a turn lane and drainage purposes. Accord-
ingly, the petitioners shall allow the use of existing setback
areas for these improvements when required for safe access to
the Mental Health Center.
1. The Developer shall provide street lighting at the project
entrance.
m. Road impact fees per Ordinance 85-55 shall be at the General
Office rate of$387.00 per 1,000 square feet and shall be paid
n.
This addition to the adolescent residential center was
included in the variance approved for Phase III by HRS.
However, the septic tank and dra1nfield have not been
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Au{,mit ted for approval nor is there capacity in the exisitng
system for the addition.
o. One additional fire hydrant to cover the proposed expansion
will be required.
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p. All areas outside the development areas as shown on the site
plan shall be left undisturbed in native natural vegetation
(allowing for removal of exotics) to provide visual and noise
buffers and maintain the rural character of the area. Any
future expansion beyond that shown on the provisional use site
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plan shall be required to be reviewed for approval throUgh the
8ite development plan prOCeHS according to Section 10.5 "'Of the
Zoning Ordinance.
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q. Prior to, or at the time of, building permit appl1catlon, a
detailed/final site plan shall be submitted for rede;, and
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approval byithe County including the Natural Resources Hanage-
ment Department.
aOOK 100 PA'-,: 572
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JANUA.RY 13, 1987
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No building additions/expansions other than what is shown on
the site plan, attached.
s, There be monitoring wells placed around the property
appropriately and tested for 6 months; no building permit for
additional buildings until there is An analysis of those test
wells; if rcquired, no permit will be issued if the test wells
indicate that a central sewer or package plant is necessary;
and if test wells }ndicate a problem prior to building, then
appropriate action be taken to allcviate the situation either
through ccntral sewer or a package plant.
BE IT FURTHER RESOLVED that this resolution be recorded 'in the
minutes of this Board.
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Glass
Commissioner
offercd the foregoing resolution
and moved its adoption, seconded by Commissioner
Saunders
and upon roti call, the vote was:
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AYES: Comnissioners Glass, Saunders, Pis tor , Goodnight and Hasse
NAYS: None
ABSENT AND NOT VOTING: 'None
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ABSTENTION: None
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13th
day of January
Done this
, 1987f1.
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BOARD OF ZONING APPEALS ;
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MAX A. HASSE, JR.,' C. RMAN
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ATTEST:
JAMES C. GILES, CLERK-
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~ =" APPROVED: n TO FO
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.'J., I" ,i-.. \ BRUCE ANDERSON
., ASSISTANT COUNTY ATTORNEY
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PU-86-l8C Resolution
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&OOK 100 PAGt 574
JANUARY 13, 1987
AGREEMENT
I, Alan Reynolds, as owner or authorized agent for Petition
PU-8A-18C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on December 18, 1986.
a. A site clearing plan shall be submitted to the Natural Re-
sources Managemcnt Department and the Community Development
Division for their review and approval prior to any substan-
tial 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 incorpo-
rates retained native vegetation to the maximum extent possi-
ble and how roads,.buildings, lakes, parki.g lots, and other
facilities have been ~ricnted 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
~~agement 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 nativc vegetation and habitat characteristics
lost on the site during construction or due to past activi-
ties.
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 sp~cies. This
plan, which will describe control techniques and inspection
intervals, shall be filed with and approvcd by the Natural
Resources Management Department and the Community Development
Division.
d. If during the course of site cleariug, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all develop-
ment at that location shall be immediately stopped and the
Natural Resources Management Bepartment notified. Development
will be suspended for a suffi~ient 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.
t!)(HI~,.r A
~50K 100 r~,: ;) 75
JANUARY 13, 1987
e.
Submit revised site plan showing northern loop road deleted
and rear parking lot reoriented.
f.
Entire northern portion of middle trect to be used as mitiga-
tion area as per agreement with EAC, with the exccption of
ground between the wings of the old and new buildings, which
is to be available as an activity area.
I
Remove exotics by using small equipment or by hand cutting.
g.
h.
Detailed site draigage plans shall be submitted to the County
Engineer for review. No construction permits shall be issued
unleas and until approval of the proposed construction in
accordance with the submitted plans is granted by the County
Engineer.
1.
In accordance with the Rules of the South Florida Water
Management District (SFWMD), Chapters 40E-4 and 40E-40, the
entire David Lawrence Mental Health Center property shall be
designed for a storm event of 3-day duration and 25-year
return frequency unless the entire Center property complies
with SFWMD Chapter 40E-4.053 Conditions for Exemption.
j.
The new facilities shall use existing accesses to Golden Gate
Parkway. No new acce~ses shall be permitted. Based upon .
~~ffic volumes per Ordinance 82-91, the existing accesses may
require improvements to include righ~-turn lanes.
k.
The six laning of Golden Gate Parkway will require additional
right-of-way for a turn lane and drainage purposes. Accord-
ingly, the petitioners shall allow the use of existing setback
areas for these improvements when required for safe access to
the Mental Health Center.
.~ '"
1.
The Developer shall provide street lighting at the project
entrance.
m.
Road impact fees per Ordinance 85-55 shall be at the General
Office rate of$387.00 per 1,000 square fect and shall be paid
at the time of Building Permit issuance.
n.
This addition to the adolescent residential center was
included in the variance approved for Phase III by HRS.
However, the septic tank and drainfield have not been
submitted for approval not is there capacity in the exisitng
system for the addition.
o.
One additional fire hydrant t~ cover the proposed expanAion
will be required. . "
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JANUARY 13, ~987
p. All areas outside the dcvelopment areas as shown on the sitc
plen shall be left undisturbed in native natural vegetation
(allowing for removal of exotics)' to plovide visual and noise
buffcrs and maintain the rural character of the area. Any
futurc expansion beyond that shown on the provisional use sitc
plan shall be required to be reviewed for approval through the
site development plan process according to Section 10.5 of the
Zoning Ordinance.
q. Prior to, or at the time of, building permit application, a
detailed/final site plan shall be submitted for review and
approval by the County including the Natural Resources Manage-
ment Department.
~ \r. The---p~op~:d _~dd!>-~ann.ot b~bo~ until Juc-h,\time aJ..-the _
~perty -~~d by ~e~81 sewag~8tment Iaci~~ty. "-
f/o bvi IJI'tlj ~~i t,'CJ1-; 1l1-~"tlf/f:"M otJ,...r tho.H "",116; /,F ~4CWh
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PETITION R OR AGENT
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REPRF.SENTATlVt>>'?R CCPC
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
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DAY
OF t~~
, 1986.
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NOTARY AY". :
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I,' MY CONMISS ION EXPIRES:
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NotllY Public. St." of fIoriU ..
My Commission bpir" July S. 1989
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PU-86-18C Agreement Sheet
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80DK 100 PA',l 576
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JANUARY 13, 1987
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JANUARY 13, 1987
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FINDING OF FAC~,'
BY
COLLIER COUNTY PLANNING COHWilSSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-86-18C
The following facts are found:
Section 7 . lOb 3 ) (e)
provisional use.
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of the Zoning Ordinance authorized the
2. Granting thp. provisional use will not adversely affect other
property or uses in the same district or neighborhood because of:
A. General compliance wit~ the Comprehensive Plan:
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B. Ingress and egress to property and proposed structures thereon
~~~h particular reference to automotive and pedestrian safety
and convenience, traffic flow and control, and access in case
of fire or catastrophe:
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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:
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Based on the above findings, this provisional use 8 OU
stipulations, (copy attached) (ShotiLl .._1;) be
/'1/E li?o
DATE:
Chairman:
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FI~DING OF FACT FORM.
&ODK '100 PAr.! 578