Resolution 1987-177 106 52 A1X;ZJST 4, 1987
BM rvr RESOLUTION 87-177
RELATING TO PETITION NO. PU-87-6C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
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DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Flortda, 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 establ._shing regulations for the zoning of particular
geographi.: 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 mile and
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provided, and has connic.ered the advisability of Previsional Ur.e "m" in a
A-2 zone for the property hereinafter described, and has found as 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
Collier County Planning Commission; and
'44' • WHEREAS, all interested parties have been given opportunity to hs.____._
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heard by this Board in public meeting assembled and the Board having
ccnsidered all ratters presented.
'. t • NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that the petition of William C. McA.r.ly repre-
senting Mid-Atlantic Pet Distributors with respect to the property
hereinafter described re:
Exhibit "A" which is attached hereto and incorporated by reference
•' herein.
See attached.
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AUXST 4, 1987
be and the sane is hereby approved for Provisional Use "m" of the A-2
zoning district for aquaculture subject to the following conditions:
Exhibit "B" wench is attached hereto and incorporated
by reference 'lerein.
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• �" BE IT FURTHER RESOLVED that this resolution be recorded in the
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minutes of this Board.
Commissioner Goodnight offered the foregoing resolution
and moved its adoption. seconded by Commissioner Pistor
and upon roll call, the vote was:
AYES: Commissioners Goodnight, Pistor, Glass, Saunders and Hasse
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this 4th day of August , 1987.
BOARD OF ZONING APPEALS
COLLIER CO.,, , FLORIDA
A. iASSE, , Ca IR) N •
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ATTEST: :
:: ;. JAMES C. CILES, CLEP.k
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• Virgini. :lagri, Deput:tvCierk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
3 ("4-4-"Ailil
• R. BRUCE ANDERSON —
ASSISTANT COUF,TY ATTOR:iEY
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LOOK nrE 54 Alxo"'T 4, 1987
LEGAL DESCRIPTION
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The North 1/2 Df the South 1/2 of the Southwest 1/4 of
the Northeast 1/4, the North 1/2 of the Northwest 1/4 of
th'e Northeast 1/4, the South 1/2 of the South 1/2 of the
Northwest 1/4 of the Northeast 1/4, the North 1/2 of the
North 1/2 of the Southwest 1/4 of the Northeast 1/4, the
North 1/2 of the North 1/2 of the Northeast 1/4 of the
r. Northeast 1/4, and the North 1/2 of the South 1/2 of the
Northwest 1/4 of the Northeast 1/4 of Section 7, Township
51 South, Range 27 East, Collier County, Florida;
. containing 70 acres more or less.
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"Fthibit A"
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AL:asr 4, 1987
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AGREEMENT
I, William C. Meanly, as owner or authorized agent for Petition
PU-87-6C, agree to the following stipulations requested by the Collier
• County Planning Coti,mitsion in their public hearing on July 2, 1987.
a. 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 tepsrtment and the Community Development Division
for their review and approval. This plan will depict the
incorporaticn 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.
b. All exotic plants, an defined in the County Code, shall be
removed during each rhaae of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenance prograa shall be implemented to
prevent reir.vasion 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.
;° c. 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 imrrediately 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 •
. i proper course of action in regard to its a 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
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d. Petitioner may posses and/or cultivate no species other than
the 25 listed in accompanying documents of the petition;
additional species proposed f9r use vill be subject._tn. the
1 review and approval by NRMD. (ath.A./ pjf of ;,r,O
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e. Petitioner mist follow all design specification) for the
project as proposed with this petition; any revisions of site
i ! plans must ba subject to review and approval by MD.
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too: 106 56 ADJUST 4, 1987
f. Petitioner stall design a stocking and monitoring program to
,! insure densities of native bass species (Micropterus sp) or
other recognized piscivorous carnivores within the overflow
ditches and Fond. This program will be subject to the review
and approval of NRMD.
g. Any roadways providing ingress/egress to/from the parcel must f
pass over the outer retention berm and, where warranted,
• • provided with culvert to accommodate the overflow ditch(es).
h. That all construction comply with the Master Drainage Plan
previously approved by W.M.A.B. on March 11, 1987.
1. The land developer/owner shall he responsible for all road
maintenance above and beyond normal wear and tear as
determined by the County Engineer utilizing FDOT standards.
j. The County re3erves the right to establish truck weight limits
on the County roads should such action be necessitated by
• excess road damage or roadway safety consideration.
k. Should it be determined that truck traffic generated by the '
development e:cceeds 40Z of the ADT of Greenvay Road, the
developer/owner shall be responsible for turn lane
. imp:ovements ;at the intersection of U.S. 41 and Greenvay Road.
1. At the time o: building permit application the petitioner
shall submit a d^.tailed sit plan incorporating the /shove
stipulations :is appropriat .
PE T U •E OR AI:EN
REPRESENTATIVE FOR CPC • U
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SWORN TO AND SUBSCEIBED BEFORE HE THIS -DLY :�
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. OF f,0 1 . 987 wtrn Milt It VIM CSIV ItC1 i0,1• `, ,� ,,t, •r
— 1 N7 ci"i1319i [tP. /t t7,1H1 >J • 't_10:.-�.__._ ..5..
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NOTARY
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SEAL • . .1•':Ja call- ;r , ..
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MY COKCuISSION EXPIRES: •
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• PU-87-6C Agreement Sheet •
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NM ME 111111
FI`Al TO BR BRED ON FARM AIrUT 4, 1937
ANTICIP/TED WXLY SALES
NAME SCIENTIFIC NAST FIRST YP./F.HI) OF OPUjTION
ANGEL FISH ^tcrcphtllum Scalare . - ..1800
n.'llUO Brachydano rr_r10 . . . . 1500
JEWEL. FISH llemichrom(s bia,arulatas . . ..600
MEEKI Cirhl ,soma 11-r'ki . . . .600
l OSCARS Ostrolntur, ncr.11:,tvs . . . .200
DISCUS Synplr,sortc,n •liycus 200
GUPPIES Poeci:l: reticulat.i . . . .2;000
MOLLIES Poect;la veltfera, Poecilla latlpinna 1800
., VARIATUS Xlphol•hr,r„s varlatus . . . . 1000
MOONS X1ph,Ih.rus maculntus . . I000
5
SWOLDS Xiphoihorus helleri . . . . 3000
$
x TICER BARB Capn. ta tetrazcna --- .600
ROSE/ BARB PuntIcaconr honlui . . . .600
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1 CHERRY BARB Capocta tttteya . . . .00
. CATFISH F1era.tnenill n11. , Corydnrns sp. .- 1000
BLEED HEART TETRA Hypheiiobrycon crtthrostiRma ..600
LD!OU TETRA Hyph•_msobrycon pnlchripinnis . . -.500
UF.OU TETRA Pararh'irnrinn tnneai M00
• PENGUIN TETRA Thayeria bochll.e1 , , , . 300. .
PFI) EYf. TETRA Moenkhiusia oIlgolepls • • •309
u SILVEPTIP TETRA Nenr.,lgramus nnnvs . . ..JO0
SERPAE TETRA Hypheelobryon ca111syus „ . .S00
KISSING GOURAMI Hrlont•,mn temminck.l . . . .EGO
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M AI,L"i�.�`T 4, 1987
6i;u� 10 •r-`•_ 58 FI2�IrC OF FACT
ET
COLLIER COUNTY PLA.'rNING CO`MISSION
FOR
A PROVISIONAL USE PETITION
FOR
P1;-g7-hC
The following facts are fcund:
1. Section 7 . 9 b . 3 ) (n) of the Zoning Ordinance authorized the
provisional use.
2. Granting the provisicnal use vill not adversely affect otter
property or uses in the same district or neighborhood because of:
A. General coa:pliarce with the Comprehensive Plan:
A. Ingress and egress to property and proposed structures thereon
with particular reference to automotive and pedestrian safety
and conv,nience. traffic floe and control. and access in case
of fire or catastrophe:
C. Affects neighboring properties in relation to noise. glare.
economic or odor effects:
,• 4 D. General ce-patitilit; with adjacent properties and other
property in the district:
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Based on the above findinis, this provisional use should. vith
stipulations. (copy attacled) (str* •nsc) be rec n ed for al
DATE: /, -2/fP7 Chairman:
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FINDING OF FACT FOP,y