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Resolution 1987-074 ~. . m~ 103 PI[" 261 APRIL 7, 1987 .f RESOLUTION 87- 74 .' .. RELATING TO PETITION NO. PU-86-28C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapters 67-1246 and 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business ~t';'" " !~.!- '.;( Ii. , ~~t" . ,;. . f/ il;.j,. ",'-", .y .~, ,(-, ~. ~~: \!",.. ~~'; ;,;,,, ~~~ . " regulations as are necessary for the protection of the public; and wllEREAS, The County pursuant thereto has adopted a Comprehensive Z.'ning Ordinance establishing regulations for the zoning of particular .' ge.'graphic divisions of the County, among which is the granting of I i 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 "b" and "e" in a E-Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concernin~ all applicable matters required by said regulations and in accordance with Section 13 - Id of ths 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. NOW, TIlEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that the petition of Wilson, Barton, SolI & -"". \',,:>~ :r' :r', .') It:. . ,.., "', ~ ,"., '>;01' "if.' ,~,\ ,. Tt:;' Peek, Inc. , representing the Foundation for the Developmentally Handicapped, Inc., with respect to the property hereinafter described as: East 150' of Tract 76, Unit 30, Golden Gate Estates, Plat Book 7, Page 58, Official Recorda of Collier County .. - - APRIL 7, 1987 be and the same is hereby approved for Provisional Use "b" and "e" of the E-Estates zoning district for a private school and a rehabilitation center subject to the following conditions: Exhibit "A" which is attached hereto and incorpor.ated by reference herein. BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Saunders offered the foregoing resolution and moved its adoption, seconded by Commissioner Goocfnight and upon roll call, the vote was: AYES: Commissioners Saunders, Goodnight, Pistor, Glass and Hasse NAYS: None ABSENT AND NOT~VOTING: None ABSTENTION: ,None Done this 7th day of April , 1987. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By:~a~~ MAX A. HASSE,~ JR", ,CHAI ' '" ., i <'-', '."n"'",f} fl ".: - vunl ~j~ , ,,::"'~~,,'A"ti:'E:S'!'': ,,~, , . j"'~:<,.JAMES'C/~ES, CLERK ;;>t'; ~ , ~ :'....,:kVi~gi!1. . ' fjllgri. ~t9 Clerk .~ ".,7"1.,,... '.. """J' "-;~?~"~~R~y.~"iSTO FORM AND LEGAL SUFFICIENCY: II~ 3~n',i.~'.' '.'.J. ; , " . :1. ;~;,;~~" . , R. BRUCEAN~ERSON, ASSISTANT COUNTY ATTORNEY ;j 1"'" r.. ", ~. > .,,~' . . ~" .r: , ..... 'i', 1:. 1iJ~. . ,IJ;:L ~ ,~".. , .:to'1t ",'-' "~""'~@' l '.. ~,..., ~, "!~' (:.... ". ~~ 7"4. . ',",:", C:?> \]} .' " , " \' f","j ;J \JJ " MOX ID3 pm263 APRIL 7, 1987 AGREEMENT I, John J. Lawson. 8S owner or authorized agent for Petition PU-86-28C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on March 3, 1987. Thst the Collier County Planning Commission forward Petition PU-86-28C to the Board of County Commissioners with a recommendation of approvsl subject to the following stipulations: a. Petitioner shall be subject to ordinance 75-21 (or the tree/vegetation removal ordinance 1n 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 Building Department for their review and approval prior to any substantial work on the site. This plan msy ba submitted in phases to coincide with the development schedulP.. The site clearing plan shsll clearly depict how the final site layout incorporates retained nat~ve vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities hsve been oriented to accommodate thie 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 Building Department 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 sit. landscaping shall be in the re~creation of native vegetation and habitat characteristics lost on the site during construction or due to pant activities. c. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development aress, open space aress, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinv8s1on 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 Building Department. 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 snd 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. r= 'X 1-// BIT A - ~J ../7~ .)(.\<1 r c,,...., 'ofC/, x~,,,,,, ...r..J .;..J, ,1" "-, ;d .e. ;,. !I ;" I f', I.......\. ('" 11'J~' ',r") I }Jc" yJ 6~ \..~. - - APRIL 7, 1987 e. .11> As much 8S 1s possible and practical, the natural vegetatl:il\l community on the northern and southern (approximately) one-third of the property shall be retained and maintained aa a buffer area-between the proposed structures and surrounding properties. f. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permltR shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. It should be noted that the proposed development will generate a much larger volume of turning movements than the current zoning for single-family homes. The large volume of turning movement will conflict with the thru movements on Golden Gate Parkway creating possible hazardous turning movements and delays to the thru traffic. The volume of turning movements generated by the proposed development does not meet or exceed the minimum volume to require a right-turn lane per Ordinance 82-01. Accordingly, the Transportation Department does not require a turn-lane by Ordinance but h1~hly recommends that the developer provide a right turn-lane on Golden Gate Parkway at the project entrance. Also, it is highly recommended that access be considered by the developer from 58th Street Southwest as originally provided for by GAC Properties, Inc. if and when such access becomes available. h. Based on p"l:"0jected traff:1.c volumes, there shall be no median opening opposite the project entrance. Should it ba shown that employees or clients of the project are causing problems by driving across the median to gain access to or from the site, the petitioners shall be required to provide median curbing at their expense. L The property owner remains responsible to advise all employees, clients, etc. of the need to exercise caution and good judgement in entering and exiting the project. ',' 6GOX 103 w" 264 ..:.... (,1 .' ..,'.~ " , . " : ,. : \,' . , m~ ,103plGE265' ,f j. APRIL 7, 1987 At tho time of building permit application a detailed site plen ehell be submitted for review and approval. This plen shall depict a landscape buffer, in accordance with Section 8.37 of Ordinance 82-2, along the western property line adjacent to the proposed facilities. r"'.\". of- l<,.J ^.....f<r,.;~-& Il/J /J /J r..:. J.t ...e." J.. 1"".~Id/<J.EAr U!(j,yJ///If/pZJ. 1'''0'' to llCl. ~_I"J' P TONER OR AGE 1>W ~J,L) 1-<. n1oAtl~ NOTARY f(, SWORN TO AND SUBSCRIBED BEFORE ME OF ~~ , 1987. THIS Irt!, " SEAL " ft.::. I ;-~.: . ,'~Y ..... "'\~;, ,I t(1! :~.:.I.: :~. ':.,\":,1 .....f'(,'I.., .-,f ',:'!"',.".." 't MY COMMISSION EXPIRE~: ............ \\L',~ .'~ ..."" . ." <:"...\ ...........~...:... 'l...., t.....,. "f'~ :' i;:o:..' . J!i:" t) .... ,,"'# f br: .', ::r:~"1 ~ :~\ 'oota'i<? , " " .:;).. '" : ':.... ~ .... 'Z (l .... i;:' : , ,,>, ". ,.",.!:' ", ....-, ....... f.V ...... '. ":':~":"'~:;'~~'::".~~;~::~ DAY "., PU-86-28C Agreement Sheet . . , '1 " I ". ~ i ,;1 ' .' .., .', ~. -,,-, I ' l. I r ;l;, . ] ~ " 'I., -Ill'; I.,;" ;in: ,";" .'.... -' ~ \ ..t i)',1 .:';:; ., [! I,: j'(' p' ,:, !" ,":1. ;Uff;,I, ,I,t. Ii.'l \', r'"'; ,-" - - - APRIL 7, 1987 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-86-28C The following facts are found: 1. Section 7.10 b)3) (b) (d)of the Zoning Ordinance authorized the provisional U8e. 2. Granting the provisional use will not adversely affect other property or uses in the same district or neighborhood because of: A. General complisnce with the Comprehensive Plan: :i. B. Ingress and egress to property and proposed structures thereon with,particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in cas. of fire or catastrophe: C. Affects neighboring properties in relation to noise, glare, economic or odor effects: D. General compatibility with adjacent properties and other property in the district: Based on the above findings, this provisional stipulations, (copy attached) (el,v"ld uvL) be J/J13 7 Chairman DATE: .~r I '. 'j.: ! }5''i: ":~{)r'I: 1,:': 1'< .. ",'-. FINDING OF FACT FORM ., ,~ .<; ,~:. ~_,i i" ;, to < . . mrwt!'Ud r. .'1.}Jjl"':fJ ,.,.''''', r.." :;~1.71l~:C;'t...~ t'\'J;:~ '.:lr1o~"~li . ).. '.~ &OO~ 103 PAGE 266 .,t' "'\" ~c~'"'' ,.r' , ',~f;;! ".,Jot_ .,~" -'\i, ",,, I..~,~: '1 :l'l' ,,',