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Resolution 1989-037 , , I . FEBRUARY 14, 1989 RESOLUTION 89--11 RELATING TO PETITION NO. PU-88-21C 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 hS are nocossary for the protection of the publici and WHEREAS, the County pursuant thereto has 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 "a" in an "E" Estates zone for a church and church related facilities for property located on the northwest corner of 5th Avenue Southwest and C.R. 951 on 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 - 1d of the ~oning 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 having 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, Florida Urban Institute, Inc., representing The Bethesda Church of Christ, with respect to the property hereinafter described as: The South 180 feet of Tract 114, Unit 1, Golden Gate Estates, as described in that certain Deed recorded in Official Record Book 869, Page 489, Public Records of Collier County, F10rida(9 ~4-S ~;;.,J ... ~,': .......!'t.:l1.^,.,.{j[.. ..~>.~~,Ji.il ,.1' :'"~,;.'\: """.1' .'....,~'.',;~) ~v FEBRUARY 14, 1989 be and the same is hereby approved for provisional Use "a" of the "E" Estates zoning district for a church and church related facilities tor property located on the northwest cornar of 5th Avenue Southwest and C.R. 951 subject to the following conditions: ~. 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. ~ site clearing plan shall be submitted to the Nat~ra1 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 development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible 8ud how roads, buildings, lakes, parking lots, and other f.cilities have been oriented to accommodate this goal. b. 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 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 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 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 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 activities. 9~~~-;...#' d. -2- . . ~.~ FEBRUARY 14, 1989 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. t. There shall be no direct access to C.R. 951. Access to the site shall be via 5th Avenue S.W. e. g. h. plans for the septic system will need to be submitted to the Collier county Public Health Unit (CCPffi') for necessary review and approval. Plans for the public water supply well will need to be submitted to the South Florida Water Management District (SFlillD) and the CCPHU for necessary review and approval. The developer shall comply with all the Florida Department of Environmental Regulation and the Department of Health and Rehabilitative serrices regulations relating to septic tank use. The petitioner must provide some type of pr,)Vision for water supply for fire suppression on-site. possible alternatives inc.lude the following: installation of a well with a pump, an on-site storage tank, a drafting well, or a fire sprinkler system. Such provision must be provided at the time of, or prior to, building permit application. All construction within the right-of-way shall be in accordance with Ordinance 82-91. 1. j. k. A site grading, paving and drainage plan must be submitted for review and approval prior to issuance of a building permit. A buffer per Section 8.37 of the zoning Ordinance (82-2) shall be provided along the northern, western, and southern boundaries of the parcel adjacent to the developed portion of the property. Existing native vegetation may be utilized in providing this landscape buffer. In addition,All existing native vegetation shall be retained along the north property line (within the setback area) to act as a further buffer and All existing native vegetation shall be retained in the water retention area along the west property line (except that which must be removed for water management purposes) to act as a further buffer. Also, parking/security lights shall be located so as to prevent glare upon neighboring properties. A detailed site plan shall be submitted at the time of building permit application and shall conform with all &pplicable requirements of the Zoning Ordinance (82-2) e.g., parking, landscaping, development standards. Also, the plan shall incorporate all stipulations recommended by staff, where appropriate. Reserved parking for this project must receive site development plan approval per Section 8.21 of the zoning Ordinance. 1. m. n. p~ ./,tS-/1. ,3 q4 FEBRUARY 14, 1989 o. This Provisional Use approval shall grant to the petitioner the right to construct the church building as set forth generally on the site plan attached hereto as Exhibit "BU. The construction of additional building(s) (other than validly permitted accessory maintenance or storage facilities) is prohibited unless and until considered and approved by the Board of County Commissioners in a separate Provisional Use hearing. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Vo1pp offered the foregoing resolution and moved its adoption, secc;nded by commissioner ShanahRn and upon roll. call, the vote was: AYES: Commissioners Volpe, Shanahan and Saunders NAYS: Commissioner Hasse ABSENT AND NOT VOTING: Commissioner Goodnight ABSTENTION: None Done this day of 'F'phrllf1ry 14th 1989. BOARD OF ZONING APPEALS COLLIER OUNTY, FLORIDA CHAIRMAN ATTEST: J.AME,S ~J;'" fLE.S, CLERK ~'o,....."(jl"'~'-- .. "',':.:._./ >> . ~ ;,I '. '''' .... C. ~PPROVED AS TO ~ORM AND LEGAL SUFFICIENCY: .~ : ;/ - . '~ PU-89-21C RESOLUTION -4- O~?LS-;9.~ " ...... Exhibits for this Resolution can be found on Microfilm at the Minutes and Records Department