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Resolution 1985-111 May 7, 1985 aDDK 087 mt 101 RESOLUTION 85--lj1 RELATING TO PETITION NO. PU-85-3C 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 businus regulationa 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 Coastal Area Planning Commission, being the duly appointed and ('~nst1tuted planning board for the area hereby affected, haa held a public hearing after notice as in said regulations made and provided, and has consiaered the advisability of Provisional Use of Section 8.10, Essential Services of a A-2 zone for a Sewage Treatment Plant for the property hereinafter described, and has 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 with Section 13 - 1d of the Zoning ~egulations for the Coastal Area 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 conaidered all matters presented. NOW. THEREFORE BE IT RESOLVED, by th~ Board of ZONING APPEALS of Collier County, Florida that the petition of The Wood lake Partnership with respect to the property hereinafter described as: North 361' of East 361' of N~ of S~ of Section 15. Township 51 South, Range 26 East ~" r!!!!!J c:J . ..--..... May 7, 1985 be and the same Is hereby approved for Provisional Use of Section 8.10 EUential Services of the A-2 zoning district for a Sewage Treatment Plant subject to the following conditions: See Attachl:lent "B" BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Bosrd. Commissioner HnCla.. "offered the foregoing resolution and moved its adoption, aeconded by Commissioner Pis tor and upon roll call, the vote was: AYES: Commissioners Hasse, Pistor, Holland, Goodnight and Voss NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: Non~ Done this 7th May day of , 1985. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED " '3'.)1(.' ATTEST: ," .' " 'ti1LtIt-M J. REAGAN, CL ERK .' ..' ':~::,' (c> .... .. ,.."":"'-f".... .{~ ~ : -. t1~:. C'"' _ ~I [ . .\{, . " . ~ t. '~:!".",... .~, .~. ~ ". ',j.::.;.:~.\ AiiPR~D AS (1',":.~'~'" ":." ,........,. '''14 '~'~i)'\\~\ ') · PU-8S-3C P.U. Reaolution aODK, ,087 PAlj[ 102 '.. May 7, 1985 an. 087 f'AO:!' 103' A7TI1Cllfi1bA..JT -4- ......... . f, FINDING OF FlIC;T BY COASTAL AREA PLANNING COMMISSION FO~ A PROVISIONAL USE PETITION FOR (fu - 85 -3~ The fOllowing f~cts arc found: 1. Section ~ 10 of the Zoning Ordinanc~ authori.ed the provISional Use. 2. Granting the provisional Use will' not adversely affect other property or uses in the same 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 in case of fire or catastrophe: ~ c. Affects neighboring properties in relation to noise, ~lare, economic or odor effects: D.' General compatibility with adjacjnt properties and other property in the district: D.sed on the abOve findings. this provisional USe should, with atipUlations, !9opy.attachedl (ShOUld no~ be re~e~nde4"fbr ) . appro va 1_ 'II-..r. j_ . . %' (.,. .j' ..,ft2. 4 ...-: DATE. d I (J, . / / c.. <:>>ai ""a~v. . " <-. . " I ~t; _ ~.".,..' ~ [;~" i'J I!I!t ... "..,.. or: .j ~ '~:~~~. ,~f~ '~~f; ,..-.I.~ , ...~..1.~:~~,....>.~ -;""0,. _, ..''; . . \ . '~'( ,/ . ..,~.;t; May 7, 1985 JI ~? ' 7-; /1 CH/-/c/......'T u /'. I /' ~GREEMENT &.."..~/C/V~--rz - I, l..,.8..I.m.e. as owner or authorh:ed agent for Petition PU-S5-3C, agree to the following stipulations requested by the Coastal Area Planning Commission in their public hearing on April IS, 1985. A. The site plan/survey discrepancies be resolved. (This has been done). B. The plant be abandoned at the time of the development of Marco Shores (Unit 30) PUD. ::r.+:o.... C. ~ agreement between Deltona and Woodlakes for access from the north occurs~d that theh~cess road from the south~~~ ~ deleted prior to the Commission meeting. ~ - ~~ ~ AN. fl/h J 6~ ~~Id1 T:La .5~~ ~ ~ /?7",,? 6< ~ IT '"?l"'#V D. The forer main be ditched and the ground be left in original condition. E. The corridor be maintained exotic free. F. Detailed site drainage plans shall be aubmitted to the County Engineer for review for all new construction. No construction permits shall be issued unless and until approval of the propoaed construction in accordance with the submitted plans is granted by the County Engineer, G. The agreement dated November 6, 1984 between Investors Limited of Marco, Inc., Psrtnership of Woodland Partnership and the Board of Collier County Commissioners, see attached copy, shall apply to the sewage treatment and disposal facilities covered under this petition. :.. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 1985, NOTARY SEAL MY CO~~ISSION ~XPIRES: . PU-S5-3C Agreement Sheet aDD!( 087 mt 104 " ...--1.,-..',...,'......