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Resolution 1987-119 " MAY 26. 1987 RESOLUTION 87- 119 RELATING TO PETITION NO. PU-86-31C 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 regulations as are necessary for the protection of the public; 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 sffected, has held a public hearing after notice as in said regulations made and provided, and has conddered the advisability of Provisional Use "a" in an E-Estates zone for the property hereinafter described. and has found as a matter of fact that satisfactory provision ~nd arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13 - 1d 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 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 Dr. Neno J. Spagna repre- '''l:~_.m.:':~t.'.~~~4CJ1I'n''~h''1.mf,:~~An',:~e_ wd..ith :;;.me~Clr" .f1It.o '~-:t.he property hereinafter described aA: Exhibit "A" which is attached hereto and incorporated by reference herein ..-.: MAY 26, 1987 tOOK 104 W.[ 492 EXHIBIT "An Tract 163 and 164, Golden Gate Estates, Unit 27, Section 14, Township 49 South, Range 26, Plat Book 7, Page 18, Public Pe=rds of O:lllier O:lunty, Florida. Legal Description for Petition PU-86-31C - ...' ~.f'': be and the eame is hereby approved for Provisional Use "a" of the MAY 26 I 1987 tions: E-Estates zoning district for church subject to the following condi- by reference herein, Exhibit "B" which is attached hereto and incorporated minutes of this Board. BE IT FURTHER RESOLVED that this resolution be recorded in the Commissioner Glass offered the foregoing resolution and moved its adoption, seconded by Commissioner ~;n JMPrS and upon roll call, the vote was: NAYS: !>boo AYES: Camti.ssioners Glass, Saunders, Pistor, G:xldnight and Hasse ABSENT AND NOT VOTING: N::>ne ABSTENTION: N::me Done this 26th day of ~~ - \)\};, :1.0 Or' " .' . ,. ~ ....." .... ":~"_'_.~.;/',f".'.% ::!t. : .;. ,.-_ . ;. ATTESt': ". -::'1 .-,: ' - ~<\ .,:~;.~L~~ ,~, , ~~"fU~gr~, ~~~ ~k- '1,'\\ " APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .~~~'~ ,.~.l._.:.., '. '''10' . ___ .... AU) t7~ R, B U E ANDERSON ASSISTANT COUNTY ATTORNEY PU8631C Resolution Mav , 1987. BOARD OF ZONING APPEALS COLLIER CO . FLORIDA MAY 26, 1987 &OOK 104 '1'.[ 494. AGREEMENT It Dr. Neno J. Spagna. 8S owner or authorized agent for Petition PU-86-31C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on May 7, 1987, 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 cleacin~. A site clearing plan shall be submittedi tn: thBJ ~latl1Ta.1' ~E!'SOUI:lce&., ~l.an.agement":- Department:: and the Community Development Division for their review and al':Llroval 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 exten.t 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 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 in 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. Uevelopment 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 e timely and efficient manner so as to provide only a minimal interruption to any constructional activities, - - , MAY 26, 1987 e. The cypress slough and psrt of the wet prairie area (i.e. east of the proposed parking area, beginning at about 200 feet north of the southern boundary) shall be maintained as a wildlife preserve area, This area shall be designated with flagging, and subject to the approval of NR}ffi, The petitioner shall submit plans that will allow for the flow of runoff water, and its containment, into the adjacent cypress woodland. f. Re-design parking area to prevent removal of cypress in excess of 4" DBH. Relocate parking spaces in Vicinity of area originally proposed. g, Existing cabbage palms (and other nstive trees) whenever practical, shall be saved for transplant as landscape components. All orchids must be transplanted in proper habitats on site, i. Review snd approval of the building permit, including the storm-water management system. h. 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, j, A right-of-way permit shall be required for all work within the County right-of-way, k, The establishment must submit complete plans to Collier County Public Health Unit for review snd approval before a permit can be issued for OSDS or Non-Community water system. 1. A landscape buffer in accordance with Section 8,37 of Ordinance 82-2 shall be provided along the South property line adjacent to the parking area, m, A detailed site plan shall be submitted at time of building permit application incorporating the above stipulations as appropriate. m, A detailed site plan shall be submitted at time of building permit application incorporating the above stipulations as appropriate. ,""'- 'il'o-dmperv1LOUt; 1I1lat:1!r1ll1<ltoJobe,.-.-a ,""",'/Ea1!tl'2e5.>4Df.fPrOPetty (See stipulation 0). o. Development within East 170' must receive approval from Florida Power & Light prior to start of any construction in this area, p, If no development is allowed in East 170', size of church and educational area may have to be reduced to meet parking requirements within land area still available for building. MAY 26, 1987 104. PA[.f 496 q. All future signs must be approved by Zoning Director/or her designee, r, Any future lighting must be located so as to prevent glare to neighboring properties. s. Comply with offstreet parking landscaping requirements of Section 19 of the Zoning Ordinance, t. Limit access on 15th Avenue SW to one (1) egress point. SWORN TO AND SUBSCRIBED DAY .; OF l4'I\n~ ~ ~:g ) ~" Y'Y\.o.A:t ~ NO ARY . 1987. SEAL .auu PUt!\.le :UT[ OF FlOAlOl It'f tl)l'llll$stOIl ElP. Ailll 27.1991 10;0"0 lllRU ~1l(RAL IItS. \lIlO. MY COMMISSION EXPIRES: PU-86-3lC Agreement Sheet , . . (r: < . , ;) /, , ). ! "i ) '\ , '. ~ ~. 0_:;".~._:._,.._ _"~';~:.!<" .,~ ~f . ~.'" 11, lJ, 'i-~: t.,' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-86-3lC The following facts are found: 1. Section 7 ] 0 h 1) ( " ) provisional use. of the Zoning Ordinance authorized the 2. Granting the provisional use will not adversely affect other property or useain the sallie district or neighborhood because of: A. General compliance with the Comprehensive Plan: 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 1n case of fire or catastrophe: C. Affects neighb0ring 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 stipulations, (copy attached) (&1 ''''''.~f/J1 provisional u II ,~l) be r FI~~ING OF FACT FORM ~OOK 104 WI 497