Loading...
Resolution 1988-076 APRIL 12, 1988 RESOLUTION 88- 76 113 109 �11Nn Pa , , , RELATING TO PETITION NO. PU-87-29C FOR • PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 regulations made and provided, and has considered the advisability of Provisional Use "b" in a RMF-12 zone for the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13 - ld 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 Wilson, Miller, Barton, Soll and Peek, Inc. representing David Lawrence Mental Health Center, Inc. with respect to the property hereinafter described as: • All of lots 1, 2, and 3, Block 269, Unit 7, Golden Cate City, ae • recorded in the Public Records of Collier County, Florida, Plat • Book 5, Page 136. APRIL 12, 1988 be and the same is hereby approved for Provisional Use "b" of the RMF-12 zoning district for a Child Cara Canter subject to the following conditions: Exhibit "B" which is attached hereto and incorporated . Y . by reference herein. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. • Com:issioner Saunders offered the foregoing resolution and moved its adoption, seconded by Commissioner Pistor and upon roll call, the vote was: AYES: Catmissioners Saunders, Pistor, Hasse, Goodnight and Glass NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: None Done this 12th day of April , 1988. BOARD OF ZONING APPEALS f` COLLIER COUNTY, FLORIDA BY: — ARNOLD LEE GLASS, CHAIRMAN ATTEST:' JAMES C.'GILES, CLERK 3}7:i • / •irgi.n A/i•.gri, Deputy C•Frk APPROVED'AS TO FORM AND LEGAL SUFFICIENCY: j" iI A 4 �� 0 �/�//RAJ I'�•i R. BRUCE ANDERSON ASSISTANT COUNTY ATTORNEY CGO4 113 PAS,: 110 ' f N, • } [ APRIL 12, 1988 1;C10■ 113 P"'E 111 Exhibit"A" jFINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR .`: A PROVISIONAL USE PETITION FOR PU-87-29C The following facts are found: • 1. Section 7 . 1 3 b. 3) (b) of the Zoning Ordinance authorized the provisional use. 2. Granting the provisional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. General compliance with the Comprehensive Plan: t.' Complies with Comprehensive Plan a f Yes 1/ No 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: , Adequate ipgress & egress Yes j No f , C. Affects neighboring properties in relation to noise, glare, eonomic or odor effects: ` No affect or Affect mitigated by Affect cannot be mitigated D. General compatibility with adjacent j properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this provisional use should, with stipulations, (copy attached) (should not) be reco....: .ed for : a;.val I I DATE: ‘V.-7/?3 /? Chairman:�� � ., • FINDING OF FACT FORM • , * APRIL 12, 1988 Exhibit"B" :,1, AGREEMENT I, Alan D. Reynolds, as owner or authorized agent for Petition PU-87-29C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on March 17, 1988. 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 clearing. 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 apeciee 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 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. Development 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 EGGS 113 112 t APRIL 12, 1988 113 rA': 113 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. 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. The water management design shall provide for water quality treatment of atormvater by retaining a minimum of one inch of runoff from the project. f. The developer shall provide left and right turn lanes on Santa Barbara Boulevard in accordance with the requirements of Ordinance 82-91. The southbound left turn lane shall be a concurrent improvement and the northbound right turn lane shall be required at such time as traffic volumes warrant in accordance with the requirements set forth in the Ordinance unless waived by the County Engineer. g. Should it become apparent that employees or clients of the project are causing problems by driving across the median to gain access to or from the site, the petitioner shall be required to provide median curbing on one or both sides of the median, depending upon the nature of the problem, from the existing median opening to a point 100 feet north of the northern access. h. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. i. No showers shall be routinely provided on site. j. No meals shall be prepared on site,LA- ,ka(f a J�C✓ee��✓ `� ; k. Access to the site shall be in accordance with Ordinance 82-91. 1. The three (3) lots involved in this petition each have 6 foot easements along their side and rear lot lines. Any buildings within the easements shall be prohibited unless or until the easements are vacated. m. The proposed child care use shall be limited to a maximum number of one hundred children. r n. The children's outdoor activity area shall be buffered with a solid, opaque, fence structure in accordance with Section 8.37 of the Zoning Ordinance 82-2. 2 APRIL 12, 1938 . , 11 ' ' • ' n) e PET IINE'R OR A • Jo.., PRESENTATIVE FOR c/CPC • . • • . , .• • • , . SWORN TO AND SUBSCRIBED BEFORE mE THIS DAY 7—: • • • • I OF .--1M4.1. `\. , 1988, c,..n NOTARY • SEAL p 14 etir iiArr lq9, • „ . •G .••,1 MY COMMISSION EXPIRES: • . • _ • PU-87-29C Agreement Sheet 3 . , . • • EGO,( 113F2::: 114 • APRIL 12, 1988 Euun 113 FACC 109 RESOLUTION 88- 76 RELATING TO PETITION NO. PU-87-29C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 4 WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 regulations made and provided, and has considered the advisability of Provisional Use "b" in a RMF-12 zone for the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement has been 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 Wilson, Miller, Barton, Soll and Peek, Inc. representing David Lawrence Mental Health Center, Inc. with respect to the property hereinafter described as: All of lots 1, 2, and 3, Block 269, Unit 7, Golden Gate City, as recorded in the Public Records of Collier County, Florida, Plat Book 5, Page 136. 11111 MIN APRIL 12, 1988 be and the same is hereby approved for Provisional Use "b" of the RMF-12 zoning district for a Child Care Center subject to the following conditions: Exhibit "B" which is attached hereto and incorporated 4 by reference herein. • BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board, Commissioner Saunders offered the foregoing resolution and moved its adoption, seconded by Commissioner Pistor and upon roll call, the vote was: AYES: Commissioners Saunders, Pistor, Hasse, Goodnight and Glass NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: None Done this 12th day of April 1988. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: -4 ARNOLD LEE GLASS, CHAIRMAN ` vU:Y ATTEST:' JAMES C."CILEB, CLERK Virg gri, Deputy C rk APPROVEDfAS TO FORM AND LEGAL SUFFICIENCY: i- R. BRUCE ANDERSON ASSISTANT COUNTY ATTORNEY ' LGG4 113 PA.: 110 • APRIL 12, 1988 • LOU 1i3 FA:_111 Exhibit"A" • FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION • FOR A PROVISIONAL USE PETITION • FOR PU-87-29C The following facts are found: 1. Section 7 . I3b. 3) (b) of the Zoning Ordinance authorized the provisional use. • 2. Granting the provisional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. General compliance with the Comprehensive Plan: Complies with C,6mprehensive Plan Yes No 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: Adequate i gress & egress Yes l/ No C. Affects neighboring properties in relation to noise, glare, e/onomic or odor effects: No affect or Affect mitigated by Aft cannot be mitigated D. General compatibility with adjacent properties and other property in the district: Compatible use within district Yes No No • Based on the above findings, this provisional use should, with stipulations, (copy attached) (should not) be reco,,,, .ed for . 14.val DATE: —1/S? Chairman• I I l! FINDING OF FACT FORM • 111111 11111 111111 APRIL 12, 1988 Exhibit"B" AGREEMENT I, Alan D. Reynolds, as owner or authorized agent for Petition 4 PU-87-29C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on March 17, 1988. • 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 clearing. 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 activities, c. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, oven 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. Development 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 • rifr Eaa,< 113 r 112 • APRIL 12, 1988 • ccrs4 113 FAr..113. 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. 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. The water management design shall provide for water quality treatment of stormwater by retaining a minimum of one inch of runoff from the project. f. The developer shall provide left and right turn lanes on Santa Barbara Boulevard in accordance with the requirements of Ordinance 82-91. The southbound left turn lane shall be a concurrent improvement and the northbound right turn lane shall be required at such time as traffic volumes warrant in accordance with the requirements set forth in the Ordinance unless waived by the County Engineer. g. Should it become apparent that employees or clients of the project are causing problems by driving across the median to gain access to or from the site, the petitioner shall be required to provide median curbing on one or both sides of the median, depending upon the nature of the problem, from the existing median opening to a point 100 foot north of the northern accoss, h. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. i. No showers shall be routinely provided on site. .j. No meals shall be prepared on site/1 G4 1(4)G JecVecQ k. Access to the site shall be in accordance with Ordinance 82-91. 1. The three (3) lots involved in this petition each have 6 foot easements along their side and rear lot lines. Any buildings within the easements shall be prohibited unless or until the easements Aft vacated. m. The proposed child care use shall be limited to a maximum number of one hundred children. n. The children's outdoor activity area shall be buffered with a solid, opaque, fence structure in accordance with Section 8.37 of the Zoning Ordinance 82-2. 2 n. INN 1.11111 411MIMME MEM 111111 ‘ . . APRIL 12, 1908 . , . • ■ . . • • • . • . • t. II z ,, /I. , n1P,6 PET' 1t4 ' OR A ' 7 ZIO 3 f . .. . .... 'PRESENTATIVE FOR rPC ,,.,:. • 4.--:• 0 ''. ';-: SWORN TO AND SUBSCRIBED BEFORE ME THIS 'DAY/-: • . •• . . OF "4"Yla t ,..Q. 1,-\1/4. , 1988. -\ . ,....,..' .1 ..*:, •. *• . . f■ 1_0. 2 a ia.,___..A : NOTARY SEAL MY COMMISSION EXPIRES: es:.:01; s,it4:T.:,;;:::1.;.;..,,,.:;•,;.1 ..,:, ..: , ,..- . , (-I: • .p.,. 4.— , -?, ,-, T.' . . ,.„ . PU-87-29C Agreement Sheet 1., .. 3 -- 113 Rci-114 t.. ..