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Resolution 1987-184 ., 'OO( 1Ofh~',; 2:31 AOCUST 11, 1987 RESOLUTION 87-.-184 RELATING TO PETITION NO. pc.-87-1C FOR PROVISIONAL USE OF PROPERTY HEREr:;AFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ~tHF:REAS, the LegielA.ture of th~ State of Florida ~.n ChaJ.ters 67-1246 and 125, Florida Statutcfl, has conferred on all counties In Florida the pover to establish, coordinate and enforce zoning And Buch business regulations 86 are neCe&fury for the protection of the public; and \.i11.EREAS. The County pursuant thereto haB adopted a Corrprehensive Zoning Ordinance establishing regulations for the zoning of particular geogrs?hic divisions of the County, among ....hich Is the granting of provisional uses; and iolHEREAS, the Callter County Planning Corr;m1~~lon, being the duly eppointed and constituterJ planning board for the area hereby affected, has 'held i\ public hearing after notice a8 in said regulations made and provided, and has conAidered the advisability of Prwisional Use "g" 1n 8 C-3 zone for the pro?erty hereinafter described J and has found ae a catter of fact that satiaf.3.ctory provision and ar":"angement has been '> I made concerning all applicable matters required by Raid regulations and in accordance ....ith Section 13 - Id of tre Zoning Regulations for the Collier County Planning Commission; and I,tHERF..AS, all interefted parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. ~OW, THEREFORE BE IT RESOLVED. BY TIlE BOARD OF ZO~ING APPEALS of Collier County, Florica that the petition of Vinea and Associates representing Barron Collier, III, with respect to the prOFerty herein- after described 8S: Exhibit "A" which 18 attached hereto and incorporated by reference herein .... - - ^UGUST 11, 1987 be and the same 15 hereby approved for Pro',isional Use "g" of the c-] zoning distr~ct ror residential/commercial mixed use subject to the following conditions: Exhibit "B" which is attached hereto and incorporated by rcfcr.cnce h~rein This Resolution shall become effective on August 14, 1987. BE 17 FURTHER RESOLVED that this Resolution bc recorded in th~ minutes of this Boar~. Com.rrissioncr Glass of fered the fcregoing re~olution and moved its ad0~tion, secr;~d~d ~)j CGmmi5Si0~e[ Gccd~ight and uran roll call, the vot~ was: AYES; Corru'7lissirJ:1<:,rs r;.lf:js~-j, G00dnlrjht, Pistor, Saunders and Hasse NAYS: Hone ABSENT AND :lO':l VOT I:1G: ~;one ABSTENTION: Hon~ Done this ~ It.h '1-'),/ 0f Allqust, 1987. .''''It^''O Dr . '~. .h.TE?~.to /':'~~:Z_~ES' Cl~r' . 'i.:4?/~~. --', " '~,: ~ -:::" ,.' /" . I' ,', II ......... (',', ~ 'Appro~ed'as to form and leg&l sufficiency: !1n>e~ ?;~ .County Attorney an . - PU871C Resolution ......, 1 nF~ " 7\? A1Xll3T 11, 01987 lDDK 106 r~',; 2:33 EXHIBIT "A" All of Block C. Varderbilt pp.-ach Center as reco:caod in Plat a:xok 3, Page 11), Public pe=rda of collier County, Florida, regal [escription for Pditim rv-87-1C AIJGlJiT 11, 1987 AGREEMENT I, BIll V:.nes. as Q'WTIcr or authorized agent for Petition I'U-87-1C. agree to the following stipulations requested by the Collier CClunty Planning Commission in their public hearing on Hay 7, 1987. a) Petitioner shall be subjc(:t to Ordinance 75-21 (or the tree/vegetation removal ol"dlnance in existence at th~ time of permitting). requiring th~ acquisition of a tree removal permit prior to any land clearing. A site clearing plan shbll be submitted to tIle Natural Resources Management Departn:ent and the Bllilding ['cpartment for their review and approval prior to any substantial work on the site. This plan may be submitted in pllDses to cc~ncide with the developmcllt sche1ule. The site clearing plan shall clearly depict how the fInal site layout incorporates retained native vegetation to the maximum extent rossi~le and how roads, bujldings, lakes, rnrki~~ lots, and other fnciliths have been ;:~iented to accommodat" 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 Building Department f0r their review and approval. This plan will depict the incorporation of nativ~ species and their mix with other species, if any. The goal of site landscaping shall be in the re-creation of native vcg~tation and habitat characteristics lost on the site during construction or dU3 to past activities. c) All exotir plants, as defined in the County Code, shall be rem0ved during eoco phase of construction from development nreas, open space areas, nnd preserve areas. Following site development D maintenance program shall be implcmente(! to prevent reinvnsion of the site by such exotic species. This pinn, which will describe control techniques and inspection intervals, sllall be filed with and approved by the Natural ReSOtlrCes Management Department anrl the Building Department. d) If, during the course of site clearing, excavation, or 0ther constructional activities, an arcllaeological or historical site, artifact, or other indicator is discovereD. all development at that location shall PC immediately stopped and the Natural Resources Management Department notified. Development will oe suspended for a sufficient length of time to enable the Nntural 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 ReS0tlrCes 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. ~M~ lOR C'c 23-1 ~IllK lOOn<., 235 AUGUST 11, 1987 e) Any cabbage palms threat~ned with destruction should be tranRplanted on site as landsca~lng or removed for transplanting elsewhere. f) 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 propoAed construction in J)ccordancc wi tn t~l~ submitted plans is granted by the County Engineer. g) In accordance with the Rules of the South Florida Water Hanagemer.t District, (SFWHD) Chapters 40E-4 and 40E-40. this project shall he designed for a storm event of J-year return frequency and I-hour duration iTt accordance with South Florida Hflter Managemcrt District Volume IV, Section 3.2.2.2. 0) There ~hall be no direct access to Vanderbilt Beach Road. 1) Access points along Center Street. Commerce St~ee~:. Bnd Gulf Shore Court shall comply with Ordinance 82-91 which among other requirements s~ecifies access points a minimum 180 feet from intersecting right-of-way lines unless waived by the COllnty Engineer" . j) Road Impact Fees shall be based on the fee schedule Bet forth ~n Ordinance 85-55. revisions thereof as appropriate based upon assumption of maximum traffic generation as set forth in Section Four of the current ordinance. ,) All work within the right-of-way shall be by right-oE-way pel-mit only and shall be in conformance with Ordinance 82-91. The building permit shall be reviewed by the Engineering Department for conformance with avplicable criteria. / A fire hydrant 'dl1 also be required within 250 feet of the vJ" building on an 8" main. ~...a.".( ,,:;/ re-4~.~J..#lM~r.. n) A 10 foot landscaped buffer will be required along the east property line in accordance witn the standards of 8.37 of tne Zoning O~dina~ce. 1) m) 0) A 50 foot building setback will be ~equired along the east property line abutting residential property. -2- A\:GUST 11, 1987 ~,ma.J~ NOTARY ,. p) All standards for mixing commercial and r9sidentinl land uscs shall be met at time of site plan approv~ as contained in the Petition ZQ-87-1C. ,4 SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ . 1987. QF SEAL ~C:HY fUellC suH Of flO~lOl ~, CO"_I5SIO" UP. AP~ i7.1HI ,nM('.[O l~~U (j(~(Ul I~S. ulW. MY COMMISSION EXPIRES: PU-87-1C Agreement Sheet eoo, 10R "'\ 2Jo -3- DAY ,\,.'1 '. I ~,' , "/ ; ) I) J ,,) ) .( ,I,. nOK 106 f)c' 237 FINDING OF FACT BY COLLJER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-87-IC The following facts are found: AUGUST 11; 1987 1. Section 7.22h3)(g) provisional use. of the Zuning Ordinanc~ authorized the 2. Granting the pr0visf~nal use will not adversely affect other property or uses in the snme district or neighborhood because of: A. General compliance with the Comprehensive Plan: B. Ingress and egress to prcper~y and proposed structures thereon with particular reference to automotive and pedestrian safety 811d convenience, traffic flow and control. nnd access in case of fire or catastrophe: C. Affects neigllboring properties in relation to noise, glare, economic or odor effects: D. General compatibility '.,,:lth adjacent properties and other property in the district: Based on the above fin<lingsl this previsional t.:se should. stipulations. (copy atteched) (.'0~I/ Rot) be recyded DATE: 6/1/11 chair'!.7..& FINDING OF FACT FORM with for ~..r.i.,;. -; ,