Resolution 1985-077 ,•r ;� March 19, 1985
RESOLUTION 85-77
RELATING TO PETITION NO. PU-84-21C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
•' ,a DRRCRIRRD IN COLLIRR COUNTY, Fi.OR1nA.
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
•a
•� Zoning Ordinance establishing regulations for the 'coning of particular 4
geographic divisions of the County, among which is the granting of
provisional uses= and
WHEREAS, the Coastal Area Planning Conseiasion, being the duly
appointed and constituted planning board for the ares hereby affected,
has held a public hearing after notice es in said regulations made and
- provided, and has considered the advisability of Provisional Use "b" of the
A-2 zone for the property hereinafter described, and has found es 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 - Id of the Zoning Regulations for the Coastal
i e 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
,. : ,.;•, ., considered all matters presented,
NOW, THEREFORE BE IT RESOLVED, by the Board of ZONING APPEALS of
j Collier County, Florida that the petition of Delbert H. b Patricia
A. Sanders with respect to the property hereinafter described as;
{ y The NA of the SEk, less the North 1.1 of
the NWk of NWk of Section 20, Township 50 S.,
Range 27 E., Collier County
be and the same is hereby approved for Provisional Use "b" of the A-2
zoning district for excavation subject to the following conditions:
(See attached Agreement Sheet)
{ •
:. ;` BOOK 086c,rs2j9
M1 loot 086 r11 220 March 19, 1985
be and the same is hereby approved for Provisional Use "b" of
the A-2 zoning district for excavation subject to the following conditions:
See attached Agreement Sheet
BE IT FURTHER RESOLVED that this resolution be recorded in the minutes
of this Board.
Commissioner Holland offered the foregoing resolution •
r and swvsd its adoption, seconded by Commissioner Hasse
and upon roll call, the vote vas:
AYES: Commissioners Holland, Hasse and Voss
NAYS: Commissioner Goodnight •
ABSENT AND NOT VOTING: Commissioner Pistor
A
ABSTENTION: None
Done this :4th day of L.r�h 19 85
BOARD OF ZONING APPIUILS
COLLIER COUNTY, FLORIDA
BY:
ATTEST:
‘, VIILLIAM J. . .ACAN, CLERK
.04
. . c )
!r
APPROVED:AS TO FORM I. LECAI. SUFFICIENCY:
• •,r „,ot1�
•
ENNETH B. C._UYLER
ASSISTANT COUNTY ATT% 'EY
a
PU-84-21C PU Resolution
tee.►
77734 7--
March 19, 1985 •
4
•
• ACREF2dENT
I, Delbert & Patricia Sanders, as owner or authorized agent for Petition
PU-84-21C, agree to the following stipulations requested by the Coastal
Area Planning Commission in their public hearing on March 7, 1985.
a. Subject to stipulations in staff report dated 2/28/85.
1. For any residential development in the southwest
corner a site clearing plan shall be submitted
• to the Natural Resources Management Department
and the Building Department 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 the roads, buildings,
lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
2. Native species 'hall he utilized, where
available, to the maximum extent possible
in the site landscape design. A landscaping
,..-. plan will be submitted to the Natural Resources
Management Department and the Building Department
for their review and approval. This plan will
depict the incorporation of native species
end 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 nctivitien,
3. 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 reinvest/on 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 Office and
;l the Building Department.
•`3� Exotica include: Paper Mulberry, Australian
Pine, Ear Tree, Melaleuca, Chinaberry Tree,
Brazilian Pepper,•Florida Holly and Jamaican
Tall Palm.
r
sax 086 Fr,al
March 19, 1985
SON D864 222
.
. 4i. The petitioner shall be financially responsible for '
the repair of any damage to Sabal Palm Road directly .
4 attributable to the hauling of fill from this excavation.
S. See {t•/o..�
PETITIONER OR AGENT '
9
't: ' '� c„,--,"_,/ L �'
REPRESENTTAIVER CAPC '
Sworn to and subscribed before me this /_i,4 day of 7,11-,.c .4 g s.;
1985.
Or 4,.(/_71,-1,) 4f)/1....\)t, , _ .
NOTARY
SEAL r,. ... .. ... ..._. — '':-.:DA
h.. ,- ..... .......,:i:S !'' 771917,
MY COMMISSION FXFIRPRt •1^'-'- .
. "'' ' '
Agreement Sheet PU8421C
•
•
crfc / -3y aCcc �1s�� . �. l`«.,roc.
,:
i..) l• 1t. Lcyv ...-s,.-� V O �t-Oa G{,,n [IA"►� �',,.P/I G V4../
��� .,C' �«/AA.( /;41.-Lf-W7 jed ticti tit.t 44...-
4,..,
�
G+1 r,r>.,,-rack-c a
'� (.O c ca.-/.o.-.�
r.
t,.
•
U
. .
•
ter_. ,•••••••••••• '.
r•
1 !
March 19, 1985 .
.
1 ...a. ..
•
u , • FIr:DZI:G OF FACE
COASTAL AREA PLANNING CO:L'iISSIO:I •
FOR
- A PROVISIONAL USE PETZTIO:
.-: -• pFOR
( ( _ (Fq
The following facts are found:
,
1. Section 7 q h.? h of the Zoning Ordinance authorized
the provisional use. T.
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 Yes (i,)
Plan:
B. Ingress and egress to property and proposed Yes
structures thereon with particular reference (�)
to automotive and pedestrian safety and �O ( )
convenience, traffic flow and control, and
• access in case of fire or catastrophe: •
•
•
• C. Affects neighboring properties in relation to Yen ( ) ,,
noise, glare, economic or odor effects: Ho (0�
•
• D. General compatibility with adjacent properties Yes ( +4
and other property in the district: No • ( )
Based on the above findings, this provisional use should, with
stipulations (copy attached) (should nor) be rocommendec! for
approval {
Dl1TC; -- /,'
r _ /mo2i
��/y� Chairman . 7�' , /' �•� � '
r..
►«g 08f rrA 223