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Resolution 1987-010 1 ..l....~", : t i ~ ,- &QOlC 100 n',r 56.9 JANUARY 13, 1987 RESOLUTION 87-10 RELATING TO PETITION NO. PU-86-18C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ~~ER~\S, 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 pu!suant 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 COlllllliss!on, 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 "e" in a "E" Estatds zone for the property hereinaft,:r described, and haa found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance nith Section 13 - 1d of the Zoning Regulations' - for the .> . Collier ~ounty Planning COllllllission; 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. ."9' NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of :. ~ ~ '.-:1' Collier County, Florida that the petition of Wilson, Miller, Barton, SolI and Peek, representing Foundation of Mental Health, Inc., with .. ~ r respect to the property hereinafter des~ribed as: .. ~''';. East half of Lot 50 of Golden Gate Estates, Unit 30, (J 1:..9 as recorded in Plat Book 7, Page 58, Public Records . ~j\( of Collier County, Florida. be and the same is hereby approved for Provisional Use "." of the "E" ~. Estates zoning district for expansion of the existing Davi4:' Lawrence Mental Health Center subject to the follOWing conditions: JANUARY 13, 1987 ,I 11, A site clearing plan shall be submitted to the Natural Re- sources Management Department lInd the COllllllunity Development Division for their review and approval prior to any subatan- tiel 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 incorpo- ratcs retained nlltive vegctation to the maximum extcnt p08si- ble 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 Natura~ Resources Management Department and the COIIIIIIunity Development Division for their review and approval. This I ....an will depIct the incorporation of native species and their mix with other . " stfecies, if any. The goal of sit~ landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activi- ties. 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 contro:i techniques and inspection intervals, shall be filed wlth and approved by the Natural Resources Management Department and the Community Development Division. '. ; d. '^ ' If during the course of aite clearing, excavation, or other constructional activities, an archaeological or historical site, artifact. or ot.her indicator is discovered, all develop- ment at that location shall be iIIIIIIediate1y stopped and the Natural Resources Management Department notified. Development Mn'l: 100rvl!17fl JANUARY 13, 1987 aOOK 100 PAr.: 571 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. e. Submit revised si~e plan showing northern loop road deleted and rear parking lot reoriented. f. Entire northern portion of middle tract to be used as mitiga- tion area as per agreement with EAC, with the exception of ground between the wings of the old and .'.ew buildings, which is to be available as an activity area. g. R';inove exotics by using small equipment or by hand cutting. h. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permit~ ~hall be issued unless and until approval of the proposed construction in accordance with the submitted planll is granted by the County Engineer. ,~,. i. In accordanc. with the Rules of the South Florid. '~ater Management District (SFWMD), Chapeers 40E-4 and 40E-40, the entire David Lawrence Mental Health Center property shall be designed for a storm event' cf 3-day duration and 25-year return frequency unless the entire Center property complies with SFWMD Chapter 40E-4.053 Conditions for Exemption. . . j. The new facilities shall use existing accesses to Golden Gate Parkway. No new accesses shall be permitted. " Based upon traffic volumes per Ordinance 82-91, the existing accesses may require improvements to include right-turn lanes. at the timc of Building Permit issuance. .-~ '. JANl..lI\RY 13, 1987 k, The six Inning of Golden Gate Parkway will rcquire additional '-'; x' right-of-way for a turn lane and drainage purposes. Accord- ingly, the petitioners shall allow the use of existing setback areas for these improvements when required for safe access to the Mental Health Center. 1. The Developer shall provide street lighting at the project entrance. m. Road impact fees per Ordinance 85-55 shall be at the General Office rate of$387.00 per 1,000 square feet and shall be paid n. This addition to the adolescent residential center was included in the variance approved for Phase III by HRS. However, the septic tank and dra1nfield have not been ." Au{,mit ted for approval nor is there capacity in the exisitng system for the addition. o. One additional fire hydrant to cover the proposed expansion will be required. ",' ". p. All areas outside the development areas as shown on the site plan shall be left undisturbed in native natural vegetation (allowing for removal of exotics) to provide visual and noise buffers and maintain the rural character of the area. Any future expansion beyond that shown on the provisional use site ." plan shall be required to be reviewed for approval throUgh the 8ite development plan prOCeHS according to Section 10.5 "'Of the Zoning Ordinance. , c: .... 't'l', q. Prior to, or at the time of, building permit appl1catlon, a detailed/final site plan shall be submitted for rede;, and I approval byithe County including the Natural Resources Hanage- ment Department. aOOK 100 PA'-,: 572 \IFt )~ 100w:57a JANUA.RY 13, 1987 r. No building additions/expansions other than what is shown on the site plan, attached. s, There be monitoring wells placed around the property appropriately and tested for 6 months; no building permit for additional buildings until there is An analysis of those test wells; if rcquired, no permit will be issued if the test wells indicate that a central sewer or package plant is necessary; and if test wells }ndicate a problem prior to building, then appropriate action be taken to allcviate the situation either through ccntral sewer or a package plant. BE IT FURTHER RESOLVED that this resolution be recorded 'in the minutes of this Board. .." Glass Commissioner offercd the foregoing resolution and moved its adoption, seconded by Commissioner Saunders and upon roti call, the vote was: t'i1: AYES: Comnissioners Glass, Saunders, Pis tor , Goodnight and Hasse NAYS: None ABSENT AND NOT VOTING: 'None .S .. ABSTENTION: None '. ,..... 13th day of January Done this , 1987f1. . : l BOARD OF ZONING APPEALS ; ::~~~~ MAX A. HASSE, JR.,' C. RMAN ~p ATTEST: JAMES C. GILES, CLERK- ..:.{~;~?" ~.7 "' .' ~~..'< 0:-, . . ~ ..<.. ~ =" APPROVED: n TO FO ::: ."'" " .~..: r-: '~~~~,<.;:~~~~ .'J., I" ,i-.. \ BRUCE ANDERSON ., ASSISTANT COUNTY ATTORNEY ,'~ b) i ~:..; l- PU-86-l8C Resolution : .:t:; .)j' :\. '(r~' : 1 - .. .. &OOK 100 PAGt 574 JANUARY 13, 1987 AGREEMENT I, Alan Reynolds, as owner or authorized agent for Petition PU-8A-18C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on December 18, 1986. a. A site clearing plan shall be submitted to the Natural Re- sources Managemcnt Department and the Community Development Division for their review and approval prior to any substan- tial 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 incorpo- rates retained native vegetation to the maximum extent possi- ble and how roads,.buildings, lakes, parki.g lots, and other facilities have been ~ricnted 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 ~~agement 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 nativc vegetation and habitat characteristics lost on the site during construction or due to past activi- ties. 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 sp~cies. This plan, which will describe control techniques and inspection intervals, shall be filed with and approvcd by the Natural Resources Management Department and the Community Development Division. d. If during the course of site cleariug, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Bepartment notified. Development will be suspended for a suffi~ient 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. t!)(HI~,.r A ~50K 100 r~,: ;) 75 JANUARY 13, 1987 e. Submit revised site plan showing northern loop road deleted and rear parking lot reoriented. f. Entire northern portion of middle trect to be used as mitiga- tion area as per agreement with EAC, with the exccption of ground between the wings of the old and new buildings, which is to be available as an activity area. I Remove exotics by using small equipment or by hand cutting. g. h. Detailed site draigage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unleas and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 1. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, the entire David Lawrence Mental Health Center property shall be designed for a storm event of 3-day duration and 25-year return frequency unless the entire Center property complies with SFWMD Chapter 40E-4.053 Conditions for Exemption. j. The new facilities shall use existing accesses to Golden Gate Parkway. No new acce~ses shall be permitted. Based upon . ~~ffic volumes per Ordinance 82-91, the existing accesses may require improvements to include righ~-turn lanes. k. The six laning of Golden Gate Parkway will require additional right-of-way for a turn lane and drainage purposes. Accord- ingly, the petitioners shall allow the use of existing setback areas for these improvements when required for safe access to the Mental Health Center. .~ '" 1. The Developer shall provide street lighting at the project entrance. m. Road impact fees per Ordinance 85-55 shall be at the General Office rate of$387.00 per 1,000 square fect and shall be paid at the time of Building Permit issuance. n. This addition to the adolescent residential center was included in the variance approved for Phase III by HRS. However, the septic tank and drainfield have not been submitted for approval not is there capacity in the exisitng system for the addition. o. One additional fire hydrant t~ cover the proposed expanAion will be required. . " e'l . ,.; "~: .'{f-. . :>!i ~~' (XHIS"'" A , 1 J.' t ) .Q. - .\ "'iIv) , " t ' . ~ ,~ J ',! SEAL , " - -- JANUARY 13, ~987 p. All areas outside the dcvelopment areas as shown on the sitc plen shall be left undisturbed in native natural vegetation (allowing for removal of exotics)' to plovide visual and noise buffcrs and maintain the rural character of the area. Any futurc expansion beyond that shown on the provisional use sitc plan shall be required to be reviewed for approval through the site development plan process according to Section 10.5 of the Zoning Ordinance. q. Prior to, or at the time of, building permit application, a detailed/final site plan shall be submitted for review and approval by the County including the Natural Resources Manage- ment Department. ~ \r. The---p~op~:d _~dd!>-~ann.ot b~bo~ until Juc-h,\time aJ..-the _ ~perty -~~d by ~e~81 sewag~8tment Iaci~~ty. "- f/o bvi IJI'tlj ~~i t,'CJ1-; 1l1-~"tlf/f:"M otJ,...r tho.H "",116; /,F ~4CWh ~'" ~(L · ~" rh< 5,-/-- ?i.,,;~~.A"'. ~ e::~ PETITION R OR AGENT : \D:f-;;t ;fJt;? REPRF.SENTATlVt>>'?R CCPC y', . .. . ~. \ SWORN TO AND SUBSCRIBED BEFORE ME THIS c;:::..(l~ ).,..(..; DAY OF t~~ , 1986. _~. 0~ ~~ C." 1-_-/ NOTARY AY". : l~~! , ~; I,' MY CONMISS ION EXPIRES: , I \ 1 NotllY Public. St." of fIoriU .. My Commission bpir" July S. 1989 .....4..~ 'II .. tN' ~_1.. ,---..... '- i \ f PU-86-18C Agreement Sheet JII . . 80DK 100 PA',l 576 f-XHI81'f'. A ..{ 1 '.;'.... ;:~";. r'. \" .,', ....1 .f ~ , ~;-II.~.~i..i.~ I I I ~~ (~ I , &ODK J . ./" "y, ,.1 , ,/"ATUO" ..00........ ...1...- .... ,/ I r-;\ . ~ '..~1 0" , ' /-' 11,:: J :~l ,',."t.' ----~- --.'., :/1:-_....... _ JANUARY 13, 1987 100f~": 5TI u, , . ~~ .<::"J .r c:)' , ~'''''..)'el'f. :j1il:l"!'I'I: ~ I: I: I ~I:! II: ~ ~1;~~:'IIr. :1i"I"'I;"'i"'''~U''''''' :1"11'11' 1:\: ..n.t; ...,.... 111 II ' : I, : w.W~!4;_~ , : f"" . .... .... clsiUUO I[] ~ .~ L ....".. c.....u.. ...... rL . . ...... .." .....'" t I ~~ T ......-c ...... DAVID LAWR.NC. M.NTAL _ALTH C...,..A M..tcr ..... ~ t.,. rf~;: I .~ ..- .' ........tI t... PDUNDA"DN ... .-,pAl. "'A&.'I'M. .... ............,Y' ."..ON. ...LL..... .AIII"I"'DM. ~ . "... ..... , ';'J '.I!. ...-... .... ...... ..... 'J ,~~ f .............. ~><HISIT A- ~' fl, .~..,; 01' , _~~i ; "lJ,". j :;t. .... - I ; I I I I I . ~ .' JANUARY 13, 1987 " FINDING OF FAC~,' BY COLLIER COUNTY PLANNING COHWilSSION FOR A PROVISIONAL USE PETITION FOR PU-86-18C The following facts are found: Section 7 . lOb 3 ) (e) provisional use. L of the Zoning Ordinance authorized the 2. Granting thp. provisional use will not adversely affect other property or uses in the same district or neighborhood because of: A. General compliance wit~ the Comprehensive Plan: ..: B. Ingress and egress to property and proposed structures thereon ~~~h particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ,.:r. I 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: r: ; ~. Based on the above findings, this provisional use 8 OU stipulations, (copy attached) (ShotiLl .._1;) be /'1/E li?o DATE: Chairman: ';} ,,> FI~DING OF FACT FORM. &ODK '100 PAr.! 578