Resolution 1989-290 OCTOBER 17, 1989 -+y
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RESOLUTION NO. 89- 290 '
' A RESOLUTION RELATING TO PETITION NO. PU-88-12C
.. AND RESOLUTION NO. 88-262; RESCHEDULING UNTIL x...
TUESDAY, JULY 31, 1990 AN ADVERTISED PUBLIC '
HEARING ON THE PRESENTATION TO THE BOARD
REGARDING THE OPERATIONS OF THE PROVISIONAIunr
OIIELTER PURSUANT TO CONDITION (j) OF SAID s :, RESOLUTION NO. 88-262.
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k WHEREAS, on October it 1988 the Board of ZoningAppeals ppeals
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approved provisional use f
" " of the RMF-6 Zoning District pursuant
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to Petition No. PU-88-12C for the Shelter for Abused Women of
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Collier County, Inc. , on Lots 6 7 12 and 13
Tamiami Heights r .',.
Subdivision, as recorded in O.R. Book 1161, Page 386, Official r
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Records of Collier County, Florida, subject to certain conditions +.
as set forth in Resolution No. 88-262; and
WHEREAS, in accordance with condition
(j) of said Resolution, t
t the Board of Zoning Appeals conducted an advertised public hearing
on October 17, 1989, at which time a report on the operations of
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the Shelter was presented to the Board and all interested persons
were given an o "`
opportunity to comment on the report; and �T
WHEREAS, the Board determined that as a result of only 3 1/2
months of actual operation of the Shelter, there is insufficient
data and information to adequately review the operations of the
Shelter in accordance with the wording and intent of condition (j) ';
of Resolution No. 88-262; and
WHEREAS, the Board of Zoning Appeals determined that it is
necessary for the Shelter to be in actual operation until July 31,
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1990 for the Board to have sufficient data and an actual history
of operations in order to evaluate such operations in accordance t'`
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with condition (j) of Resolution No. 88-262;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that
1. The advertised public hearing as described in condition
(j) of Collier County Resolution No. 88-262, said Resolution
attached hereto for reference, is hereby rescheduled until the
Board of County Commissioners meeting of Tuesday, July 31, 1990.
OCTOBER 17 , 1989
At that hearing the Board shall receive such report and related
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evidence as described in condition (j) and shall be authorized to
take such action as set forth in condition (j) of Resolution
No. 88-262.
2. All other Conditions as set forth in Resolution
No. 88-262 are hereby confirmed without change and as written. ` !
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BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
This Resolution adopted after motion, second and majority 4
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vote favoring same.
P •
y. Dated: i/7/lj
ATTEST: BOARD OF ZONING APPEALS
JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA
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BURT L. SAUNDERS, Chairman
Approved as to form and
'. legal sufficiency:•
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Izz Te
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Kenneth B. Cuyl
County Attorne
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. •• OCTOBER 11, 1900
RESOLUTION BA-2rr2
RELATING TO PETITION 110. PU-88-12C ' FOR
PROVISIO?AL USE OF PROPERTY THEREINAFTER
DESCRIBED IN' COLLIER COUNTY, FLORIDA. ,.
UMEREAS, 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 p'
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,
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has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Provisicnal Use "f" in a
REF-6 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. «•
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NOW, THEREFORE BE IT RESOLVED, BY THE BOARD 07 ZONING APPEALS of
Collier County, Florida that the petition of Neno J. Spegna 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 Record'.
f, Jv"es C. C.Iet Cvn.of,Courli ed'49e Cor..a Cn,ree. rb.
Pere% eerl.Ff U.A Olt iDTo,wnw,,r nF r(j I67 and Could c py
o In. o,•{,..I .r.V,..ti .n I.I .P my'eh.l.!WI fq. cvwlnp.n. .I
w,„, ,vnOr/ Ird r lstal lMs '4j OC: L6D•Gofre,/� a. LLr
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r" OCTOBER 17, 1989 ;s'
i ; OCTOBER 11, 1988
i be and the same is hereby approved for provisional Use "f" of'the RNF-6
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zoning district for a Rehabilitation Center subject to the following
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;4'; conditions:
f, a. Petitioner shall be subject to Crdinance 75-21 (or the tree/
i'• vegetation removal ordinance it er.istence at the time of
',r, 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 !ar.agener.c Department and y
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 fli
vegetation •to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been }``
oriented to accommodate this goal. >
b. Netive species shall be utilized, where available, to the r';
• 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
lit for their review and approval. This plan will depict the
incorporation of native species and their mix with other r`
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 reinvesion of the site by such exotic species. This
plan, which will describe.. ccntroL 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
• ccnstructicnal. .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 tine
, to enable the Natural Resources Management Department or a ,
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designated consultant to assess the find and determine the 1 a.'
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 CO any constructional
activities. '
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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 on•site 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.
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h. Lots 6 and 7 shall not be sold while this provisional use is in
{ effect.
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• OCTOBER 17 , 1989
OCTOBER 11, 1988
i. The petitioner shall not construct the chain link fence to
• surround Lots 12,and•11, ••_• , . .
j. At the Board of County Cormissionerts meeting on or
immediately following October 11, 1989 (i.e. one year from the t!'
dace of this Resolution) Petitioner shall present to the Board
a complete and comprehensive report on the operations of the
shelter including, but not , limited to, police reports or
complaints, if any, neighborhood disturbances, if any, and
neighborhood complaints, if any. Such report &hall be
• formally presented and discussed at an advertised public
hearing- which shall provide an opportunity for any interested
person to be present and comment cn the report.
Based upon the report and related evidence presented at the
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
4 from such report. This constitutes a stipulated condition
between Petitioner and the Board of County Commissioners upon f.
which approval of this Resolution, in part, is based,
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BE IT- FURTHER RESOLVED that this resolution be recorded in the
minutes of this Board. 1>'
Commissioner Pistor
offered the foregoing resolution
and moved its adoption,. seconded by Commissioner Glass
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and upon roll call. the-vote vas: :: •
AYES: Carmissioners Pistor, Glass and Saunders r'
NAYS: Ccandssioners Hasse and Goodnight
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this • 11th day of Gctcber , 1988. t.•
• • !OARD 0? ZONINC APPEALS
COLLIER COUNTY, FLORIDA
BY: 1‘1€"*P".0.--44ta
BURT L. SAUNDERS, CHAIRMAN
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itiFsfit
.0 JAMES C' CILES, CLERK„f, .
•, APPROVED AS•T0 FORM AND LEGAL SUFFICIENCY: OR
KE:NETA B. CtYLER
COUNTY ATTORNEY •
PU-98-I2C CCPC P.M. Resolution Z;)ale"'
OCTOBER 17 , 1989
�' OCTOBER 11, 1988
.I', - A.
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' FIU INC OF FACT .
' BY k
COLLIER COUNTY PLANNING CO' (ISSION •• •
+f FOR .
!;' • A PROVISIONAL USE PETITION
. FOR
... - PU'-88-12C
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The following facts are found:
1. Section 7 . 12b.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:
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Complies with Comprehensive Plan
Yes )/ No
B. Ingress and egress to property. and proposed structures thereon
vfth particular-reference to au[ocotive and p"edeitrian safety
and convenience, traffic flow and control, and access• in case ••
of fire or catastrophe: .".
• Adequate n ress & egress
Yes . No
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C. Affects neighboring properties in relation to noise, glare, 41
`5ononic or odor effects:
X No affect or Affect mitigated by • �I'
Affect cannot be mitigated •
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D. General compatibility with adjacent properties and other
property in the district:
Conpatible e'vithin district • ;.
>rs
Yes (\ No
Based on the above findings, this provisional us Id, with
stipulations, (co .. ould not) be rec fo a ded
oval
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• DATE: / f)gg Chairman: `
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. •- . ._ .. ._.. • Exhibit "A"
FINDING OF FACT FORH
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