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Resolution 1989-213 AUGUST 22, 1989 RESOLUTION 89- 213 c " •A(1.4f4r, RELATING TO PETITION NO. PU-89-8 FOR PROVISIONAL I 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 • 'A' WHEREAS, the County pursuant thereto has adopted a Comprehensive zoning ordinance establishing regulations for the 6 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 'r1'... • • 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" of the "E" Estates Zoning ' District for a Temple with related uses and facilities on the ti. r . • property hereinafter described, and has found as a matter of • .• fact that satisfactory provision and arrangement has been made _e' dat concerning all applicable matters required by said regulations and in accordance with Section 13.1.d of the Zoning Regulations b • . r for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board _n a public meeting easembled and the Cc.:rd having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that the petition of Dr. Neno Spagna representing Land Procurement Limited Partnership, with respect to the property hereinafter described as: Tracts 65 and 68, Golden Gate Estates Unit 26, according to the Plat thereof recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida. 0004(3 AUGUST 22, 1989 be and the same is hereby approved for Provisional Use "a" of the "E" Estates zoning district for a Temple with related uses and facilities subject to the following conditions: Exhibit "A" which is attached hereto and incorporated by reference herein. DE IT FURTHER RESOLVED that thin resolution be recorded in the minutes of this Board. Commissioner Volpe offered the foregoing resolution and moved its adoption, seconded by Commissioner Shanahan and upon roll call, the vote was: AYES: Volpe, Shanahan, Saunders, Goodnight NAYS: Hasse, Jr. ABSENT AND NOT VOTING: None ABSTENTION: Done this August day of 22 , 1989. • BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ;x,11, i/ J, BY• ..0d�I , . f URT L • L. SAUNDERS, CHAIRMAN ° ATTEST: ' ,JAMES C. GILES, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: •° /�rMARJORIE M. ST NT ASSISTANT COUNTY ATTORNEY CCPC P.U. RESOLUTION PU-89-8 nb �� 7- Al- 00047 AUGUST 22, 1989 , AGREEMENT I, Dr. Neno Spagna of Florida Urban Institute, Inc. , as `r"re` authorized agent for Petition PU-89-8, agree to the following stipulations requested by the Collier County Planning • Commission in their public hearing on August 3, 1989. A. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal f 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 Environmental Resource • ', • Management and the Community Development Division of their review and subject to their approval prior to any 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 and how roads, buildings • lakes, parking lots, and other facilities F„ have been oriented to accommodate this goal. B. Native species shall be utilized, as described below, in the site landscaping plan. A landscaping plan for all Y; ' landscaping on the development shall be submitted to the County Landscape Architect • xl and to a County Environmental Specialist for their review and shall be subject to their ►' approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs and 60% of the groundcover ° shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal • percentage of groundcover. For example, the use of 70% native trees could allow the use . of only 50% native groundcover. This plan • • • a 3 • • • • 00048 • 0 j t • AUGUST 22, 1989 shall depict the incorporation of native d Y " 1 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 eito „ N.• during construction or due to peat activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of conntruction 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, 1-,:','4":, • which will describe control techniques and • inspection intervals, shall be filed with ° and subject to approval by Environmental Resource Management and the Community Development Division. D. If during the course of site clearing, 4 � _ excavation, or other constructional 1 ., activities, an archaeological or historical site, artifact, or other indicator is : ' discovered, all development at that location I s shall be immediately stopped and natural • Resources Management Department notified. a for ended ` Development will be suspended 4 sufficient length of time to enable natural Resources Management Department or a o designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a 4 t minimal interruption to any constructional activities. E. Standard Stipulations 1, 3 and 4 as adopted by the EAC on 4/1/87 and Standard Stipulation 2 as adopted by the EAC on ��, '• 12/7/88. ( ,” ,�'' F. Retention of existing native vegetation in ! ' the green spaces of parking areas where ,,�ti feasible. Maintain and enhance existing native habitats on site per policy 6.5.1 of • 4' F• -2- , • • r _C:>-) 2-04p,e-- 7-47- . • 00049 • . • Y • • AUGUST 22, 1909 • the conservation element of Collier County Growth Management Plan. G. The area of proposed construction should be designed to avoid impact to the large live oak-cabbage palm area. Protected and/or • threatened plant species in the construction area/clearing area will be transplanted to • the preserved area of the site. These species include the wild pine, butterfly ; • • orchid, twisted airplant, golden polypody and any other protected species noted during • subsequent surveys. H. The western half of the site will remain • undisturbed. Any activities in this area ; ' would require a site plan submittal to Collier county Planning Services. I. At the time for submittal of final site development plan, provide a detailed water management plan and calculations signed and sealed by a professional engineer. This project shall be designed in accordance with • SFWMD rules. J. Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction •,` permits shall be issued unless and until e ' approval of the proposed construction in accordance with the submitted plans is ' granted by Project Review Service. K. Design and construction of all improvements , shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. L. Work within Collier County right-of-way a shall meet the requirements of Collier County right-of-way Ordinance 82-91. j.. • r ,•X M. Access into each tract as shown on the proposed site plan is informational only. • Location and number is subject to ti Subdivision Maxtor Plan or SDP approval. �. N. Plans for a septic system shall be submitted a Y • • -3- t • 5 1. �� 7- (9- � . , (1(11^n . AUGUST 22, 1989 • to Collier County Public Health Unit (CCHPU) for review and approval. 0. Plans for a Water system shall bo submitted to the Department of Environmental Regulation (DER) , Ft. Myers for review and approval. • r P. The area indicated for the proposed church is not presently served by any water utility, therefore, on-site + provisions would need to be made for water for fire protection. Q. Depending on how the building is V constructed, the application and site plan indicates that the building would require fire sprinklers and a fire alarm system. R. The Petitioner nhnll move the proposed temple and education wing 50 feet further to • ' the west and omit the service driveway from the east side of the temple. S. Existing native vegetation shall remain • between the building and the east property line to provide a natural buffer for the • existing residential home on Lot 69. • A detailed site plan shall be submitted at $ . the time of building permit application and shall conform with all applicable ' requirements of the Zoning Ordinance (82-2) e.g. , parking, landscaping, development standards. Also, the plan shall incorporate all stipulations recommended by staff, where F 1, `, appropriate. • r , t r . a7- '.9- C AUGUST 22, 1989 • t. ,. . . . . , . , . ,. . PETITIONER R AG• `Er1.1---Ivr REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS •- 0. DAY OF C.:31 ,..,9 1989. t. IDI + NOTARY SEAL ',CURT►seLTC SIM a rim °7 C"'Ar(srov OP. 991 MY COMMISSION EXPIRES: cFt°"< INS. oro, PU-89-8 Agreement Sheet " y}.F nb • • it . 2 �'f •- • .y -5- S i r. . 15 t Y • 00052 .