Resolution 2004-048
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RESOLUTION 04 - ~
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF CONDITIONAL USE "9" IN THE
"E" ZONING DISTRICT FOR A MODEL HOME SALES
CENTER PURSUANT TO SECTION 2.6.33.4. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 14,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, 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
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is
the granting of Conditional 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
Conditional Use "9" under Section 2.2.3.3. and Section 2.6.33.4. in the Estates Zoning
District for a Model Home Sales Center on the property hereinafter described, and has
found as a matter of fact (Exhibit "An) that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4.; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a 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. identified as CU-2003-AR-4583, filed by Stuart Kaye of Kaye
Homes, Inc. with respect to the property hereinafter described as:
Exhibit "B"
1 of2
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which is attached hereto and incorporated by reference herein be and the same is hereby
approved for Conditional Use "9" of Section 2.2.3.3. and Section 2.6.33.4. of the Estates
Zoning District for a Model Home Sales Center in accordance with the Conceptual Master
Plan (Exhibit "C") and subject to the following conditions:
Exhibit "0" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion. second and super-majority vote.
Done this
day of
,2004.
BOARD OF ZONING APPEALS
COLLlE~NTY. FLORIDA _
BY. ~. J~
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGltl'.,6,;IiI~RCK, CLERK
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S'.~' " ~~rk:and
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Patrick G. White
Assistant County Attorney
Attachments: A. Findings of Fact
B. Legal Description
C. Conceptual Master Plan
D. Conditions
GJ Admin'PctitionslCU.2003.AR .45 83/MM/sp
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Deputy lerk
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CD .2003-AR-4583
The following facts are found:
1. Section 2.6.33.4.of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes
/'
No
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 case of fire or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-L No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district ~
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Yes No , ,"::A\V'~
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Based on the above findings, this conditional u~o~i~, with stipulations, (copy attached)
(should not) be recommended for approval-.::1 ~r ~~'i.J~"'\
UAM
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CHAIRMAN:
DATE:
Russell A. Budd
EXInBIT A
LEGAL DESCRIPTION
North 180 feet of tract 151 golden Gate Estates Unit 27, as recorded in Plat Book 7,
Page 17 & 18, of the Public Records of Collier County, Florida.
EXHIBIT B
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CONCEPTUAL MASTER PLAN
CU-2003-AR-4583
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EXHIBIT C
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CONDITIONS OF APPRO V AL
CD -2003-AR-4583
1. A sidewalk shall be provided along White Boulevard (collector road) along the northern
perimeter of the property and shall be six feet in width and on 39th Street S.W. (local
road) on the western perimeter of the property and shall be five feet in width. Sidewalks
shall be constructed of four-inch thick Portland cement concrete and installed over a
four-inch thick, compacted limerock base. A Right-Of-Way permit for sidewalk
installation must be obtained and sidewalks must be completed within six (6) for months
from Conditional Use approval.
2. The Conditional Use for the model home and sales center shall expire two (2) years from
the date of Conditional Use approval.
3. Hours of operation for the model home and sales center shall be limited to 10:00 a.m.
until 6:00 p.m. Sunday through Saturday.
4. A model home or model sales center is not intended to allow the full scope of real estate
activities and must be restricted to the sale and marketing of the model, or products
similar to the model. A model home and sales center may not be used for offices for
builders, contractors, developers, or similar activities.
5. Use of model home and sales center for either temporary or permanent living quarters is
prohibited until the conversion to a single-family residential dwelling.
6. Prior to occupancy as living quarters, the parking lot must be removed and the ground
must be sodded or landscaped.
EXHIBIT D