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Resolution 1988-262 • OCTORER 11 , 19FU3 i RESOLUTION 88-262 RELATING TO PETITION NO. PU-88-12C 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 ti.ereto Sias 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 "f" in a RMF-6 zone for the property hereinafter described, and has found as a ma,:ter 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 • � • t considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that the petition of Neno J. Spagna representing The Shelter for Abused Women with respect to the property hereinafter described as: Lots 6, 7, 12, and 13, Tamiami Heights Subdivision, recorded in Official Record Book 1161, Page 386, Collier County Florida Public Records. • -PAGE 23-A- I ` OCTOBER 11, 1988 be and the same is hereby approved for Provisional Use "f" of the RMF-6 zoning district for a Rehabilitation Center subject to the following conditions: • 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 1 , ; development schedule. The site clearing plan shall clrnrly 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 po®eible in the fate land€caping design, A landscaping plan will be submitted to the Natural Pann"rr.a 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 cr 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 proper course of action in regard to its salvageability. The 11 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 nny constructional I 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. • • f. There shall be no onmsite expansion of the provisional use. g. If it becomes apparent to the Zoning Director that more parking ( • (than currently exists as shown on the site plan) is necessary, the Director reserves the right to require additional parking. • h. Lots 6 and 7 shall not be sold while this provisional use is in effect. -PAGE 23-A.1- 1 OCTOBER 11, 1988 le , • i. The petitioner shall not construct the chain link fence to surround Lots 12 and 13. i j. At the Board of County Commissioner's meeting on cr immediately following October 11, 1989 (i.e. one year from the date of this Resolution) Petitioner shall present to the Board a complete and comprehensive report on the operations of the ; ''' 1. shelter including, but not limited to, police reports or complaints, if any, neighborhood disturbances, if any, and neighborhood complaints, if any. Such report shall be 'v., formally presented and discussed at an advertised public hearing which shall provide an opportunity for any interested `y person to be present and comment on the report. Based upon the report and related evidence presented at the 0 hearing, the Board shall be authorized to (1) take no action with regard to this approved use or (2) take such action as it ,' deems necessary including a revocation and cancellation of the ' use authorized pursuant to this Resolution or the imposition of such additional conditions as the Board finds necessary 7?:.' • from such report. This constitutes a stipulated condition between Petitioner and the Board of County Commissioners upon • which approval of this Resolution, in part, is based, • f BE IT FURTHER RESOLVED that this resolution be recorded in the `1 minutes of this Board. I : Commissioner Pistor offered the foregoing resolution •1' r; and moved its adoption, seconded by Commissione-, Glass r, . and upon roll call, the vote was: a. j _t APES: Camiissioners Pistor, Glass and Saunders N \• NAYS: Commissioners Hasse and Goodnight i; 1 ABSENT AND NOT VOTING: None 1•it• - :; ABSTENTION: None ,; t Done this llth --day of October ________, 1988. , i BOARD OF ZONING APPEALS ,l COLLIER COUNTY, FLORIDA , 0, �.�1��="tom ` BY: t �� BURT L. SAUNDERS, CHAIRMAN f) y: A ')ES)3 1. U'' " ,., '. DAMES C CILES, CLERK 1 %j , . r .- ,6e.-r::'' , . • . . . .. .• . . , , • 1 , , ., APPROVED AS•TO FORM AND LEGAL SUFFICIENCY: • •-- I t:✓ KENNETH B. CUYLER ' COUNTY ATTORNEY -PAGE 23-A.2- i PU-88-12C CCPC P.U. Resolution 1 f OCTOBER 11, 1988 • n r i • FINDING OF FACT BY i COLLIER COUNTY PLANNING COMMISSION • ,..i.; FOR A PROVISIONAL USE PETITION FOR ti • PU-88- I2C The following facts are found: 1. Section 7 . 1 2 b. 3) (f) 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: i Complies with Comprehensive Plan a Yes K No I°` B. Ingress and egress to property end 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: t ' Adequate En$ress & egress Yes x No 1 C. Affects neighboring properties in relation to noise, glare, ec nomic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated ' , D. General compatibility with adjacent properties and other A property in the district: Compatible within district . • i Yes No ,_ Based on the above findings, this provisional us ld, with stipulations, (co ould not) be rec a ded fo oval f • DATE; f 1s8 Chairman: ;, Exhibit "A" FINDING OF FACT FORM • -PAGE 23-A.3- 1 r ,