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Resolution 1986-076 n May 6, 1986 SOUK 00 FAcE 72 RESOLUTION 86- 76 RELATING TO PETITION NO. PU-86-3C 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 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 affected, has held a public hearing after notice as in said regulation's made and provided, and has considered the advisability of Provisional Use "1" 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 t made concerning all applicable matters required by said regulations and in accordance with Section 13 - id 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, representing Naples Congregation of Jehovah's Witnesses, Inc., with respect to the property hereinafter described as; East 180 feet of Tract 4, Unit 26, Golden Gate, Estates, as recorded in the Official Records of Collier County, Florida, Plat Book 7, Pages 15 and 16. 111111 NM INN May 6, 1986 1 be and the same is hereby approved for Provisional Use "1" of the "E" Estates zoning district for a Church subject to the following conditions: a. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval 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 extent 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 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 1 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 ti 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 t site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the 1 Natural Resources Management Department or a designated consultant to assess the find and determine the proper course f 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. The project developer will work with Staff to replace native d trees lost as a result of the project in an attempt to achieve a target of 40% replacement. ,; f. The Project sponsor is in agreement that the Cypress stand • • area which will be flagged by the NRMD would be classified as a cypress wetland preserve area. t ' g. 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. h. The existing native vegetation within the side yard setback area (18 feet) shall be left intact to serve as a A buffer to adjacent properties. i. There shall be no out buildings. The site is limited to the 1 main structure which shall be no larger than as shown on the site plan (50 feet by 80 feet). 600K 094 FV`t 73 May 6, 1986 BOOK 094 PAsE � 74 j. The building area of the lot (southern 255 feet) shall be fenced. k. A boardwalk shall not be permitted in the preserve. 1 BE IT FURTHER RESOLVED that this resolution be recorded in the { minutes of this Board. `; Commissioner Holland offered the foregoing resolution and moved its adoption, seconded by Commissioner Hasse , and upon roll call, the vote was: AYES: Cannissioners Holland, Hasse, Voss, Goodnight and Pistor NAYS: None ABSENT AND NOT VOTING: rJptye ABSTENTION: Mom .• • 1 Done this 6th day of May , 1986. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: '-'024.\, a• ' ----)- -;"---- JO A. PISTOR, CHAIRMAN ATTEST: is NILx?ng,•J. REAGAN, CLERK .i , Vips .• ? � il;APPROVEI}. TO FORM AND LEGAL SUFFICIENCY: `? KENNETH B. CUYLER ' COUNTY ATTORNEY . • PU-86-3C Resolution re ° d f" ' .1, tf`4f" G �'' :Y..fit. . •