Resolution 1989-036
PlBRUARY 14, 111111
RESOLUTION 89-~
RELATING TO PETITION NO. PU-88-24C 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 regu).ations 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 "cn in an TTRVC zone for 10
camping cabins on the property hereinafter described, and has
found as a matter of fact (EXhibit "A") that satisfactory
provision and arrangement has been made concerning a~l
applicable matters required by said regulations and iri
accordance with Section 13.1 d. 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 a public meeting assembled and the
Board hav!ng considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OR ZONING
. ;
APPEALS of Col11er County, Florida that the petition of Neno J.
Spagna, of the Florida. .Urban- Insti 1;u,te ,~c ;~~.p_~~~"~tl,!:~_~_q
Kampgrounds of America, Inc., with !espect to the property
hereinafter described as:
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That portion of the west half of the east half of section
9, Township 51 South, Range 26 East, Collier County,
Florida, lying north of the established bulkhead line along
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rlBRUARY 1., 111111
the northerly shore of Henderson Creek, and east of
Barefoot williams Road (County Road 31), containing
approximately 14 acres more or less, according to that
certain deed as recorded in Official Record Book 542, Page
596 of the Official Records of Collier County, Florida.
be and the same is hereby approved for Provisional Use lie" of
t'le TTRVC zoning district for 10 camping cabins s....bj ect to the
following conditions:
Exhibit "B" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this resolution be recorded in
the minutes of this Board.
Commissioner
Hasse
offered the
foregoing resolution and moved its adoption, seconded by
Commissioner Shanahan
and upon roll call, the vote
was:
AYES:
Co~issioners Hasse, Shanahan, Volpe and Saunders
None
NAYS:
ABSENT AND NOT VOTING:
Commissioner Goodnight
ABSTENTION: None
Done this
14th
February
day of
, 1989.
BOARD OF ZONING APPEALS
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~ . SA ND~R5, CHAIRMAN
ATTEST:
JAMES C.
LES, CLERK
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., A PROVED AS 'l'O l'OHM AND LEGAL SUFFICIENCY.:' . .
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,.MARJ IE M. STUDENT
"1I5SISTANT,COUNTY ATTORNEY ~ JI/. /1""
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PU-8S'-24C CCPC P.U. RESOLUTION _-,-
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
PU-88-24C
The following facts are found:
1.
Section 7.19b.3)c.
provisional use.
of the Zoning Ordinance authorized the
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 Comprehensive Plan
Yes -L- No_
B. Ingress and egress to property and proposed structures the~eon
with particular reference to automotive and pedestrian safety
and convenience. traffic flow and control. and acc.ss in case
of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise. glare.
economic or odor effects:
~ No affect or Affect mitigated by
- Affect cannot be mitigated
D. General compatibility with adjacent properties and other
property in the district:
Compatible us. within district
Yea ~ No
Based on the above findings. this provisional use should. with
stipulations. (copy attached) (should not) b. recomme~ded for approval
,
)' . 'EDt
I.
DATE:
Chairman: R. ,7. Ic:...y-.
FINDING OF FACT FORM
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EXHIBIT "A"
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AGREEMENT
I, Neno J. Spagna, representing Kampgrounds of America, Inc.,
as owner or authorized agent for Petition PU-88-24C, agree to the
following stipulations requested by the Collier County Planning
Commission in their pUblic hearing on January 5, 1989.
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 developmunt 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
maxim~ 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 p~an will
depict the incorporation of native species and th~ir 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 ana the
Community Development Division.
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EXHIBIT "B"
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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 Natural Resources Management
Department will respond to any such notification in a
timely and efficient manner so as to provide only a minimal
inter.ruption to any constructional activities.
e. Place a timer on the lift station pumps.
f. Reduce the water pressure within the park.
g. Check the percolation ponds daily and have additional bags'
on site in case of discharge.
h. Detailed site drainage plans for the proposed new
improvements 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.
i. Detailed drainage calculations shall be submitted in
conjunction with the detailed site plans to show that the
existing stormwater management system is adequate to handle
the proposed improvements or that additional facilities
will be provided.
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EXHIBIT "B"
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j. The Project Review Services stipulations per their memo
dated November 16, 1988, attached.
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PETITIONER " A(E~ 'Q
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SWORN TO AND SUBSCRIBED BEFORE ME THIS
OF ~, 1989.
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MY COMMISSION EXPIRES:
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REPRESENTATIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS Ii, -tA DAY OF
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, 1989.
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NOTAR - -
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MY COMMISSION EXPIRES:
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10llOlD r... 'UUAL liS. no.
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PU-88-24C AGREEMENT SHEET
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EXHIBIT "B"
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