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Resolution 2004-178 17U RESOLUTION NO. 04- 178 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 AND 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 Board of Zoning Appeals (Board), being the duly appointed and constituted 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 of Section 2.2.3.3 and 2.6.33.4 of the Collier County Land Development Code in an "E" Estates Zone for a model home and sales center on the property hereinafter described, and the Planning Commission has found as a matter of fact (Exhibit "A") 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 of the Land Development Code; 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, CU-2003-AR-4249, filed by Mark Perry of Kenmark Construction, Inc., representing with respect to the property hereinafter described as: The North 180 feet of Tract 153, Golden Gate Estates, Unit No. 27, according to the plat thereto recorded in Plat book 7, Pages 17 - 18, Public Records of Collier County, Florida. Is hereby approved for Conditional Use 9 of Section 2.2.3.3.9 of the Collier County Land Development Code in the "E" Estates Zoning District for a model home and sales center Page 1 of2 170 conditions: in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following Exhibit "C" which is attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Done this day of This Resolution adopted after motion, second and majority vote. ,2004. BY: AT:ipm': .-' ""', D!V1G.IFE. BRot~, CLERK "" ,."' , . c~ "'f -' L.- _,~ Q.(2_ 4X ~;" .;'L~.; ';'oj Cha\ruaR" pproved as to Form ~4nilturt OC\ I J. Le I Suffi iency: . CU-2003-AR-4249IMD/lo I Item # !ZD I.t.......~ ~ > " ~ ; ;:,:' ,,')1 ...: sl4/ ~ Page 2 of2 BOARD OF ZONING APPEALS COLLI COUNTY, FLfRIDA ~A ~ NNA FIALA, CHAIRMAN 1 17D .~~ FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. SècHóà2 ;2,2.3 ~3 oftlièLaIiâ IYèveIopmèritC6â.eauth6nzes ffie conè1ffiOnåruse-.--· 2. Granting the conditional uSeWiH 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 incase of fire or catastrophe: Adequate ingress & egress Yes /' No C. Affects neighboring properties in :relation to nóise, glare, eêönomië or odor effects: 1No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended tor approval DATE: '5~" -0"( J\k-CHAJRMAN:-¥{ ~ # A- EXIDBIT"A" AerlN& eflÆ/íè FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17D ...... .·.·tA ·...i'!~ ~"'..... ,.- , ~ ,. ,', .:' \ CU-2003-AR-4249 The following facts are found: I. Section 2.2.2.3.3 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 V 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: V 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 Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ;;/ 4' ) ()L-¡ MEMBER:~ 1.) N()1 AD!;: L'3, t IEJ'/.. ---..-",,-.-.-.,-,.--- FINDING OF FACT BY COLLIER.CODNTY PLANNING· COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 - ---,' ------------ The following facts are found: "_._.~--_.~~--- - - -'~~'-"-'-'-'-'-'---'._'-- -- -- --------_._------ -------.-- ..- ---,-.,._----,------_._---------- 1. Section 2.2.2.3.3 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: c. D. A. Consistency with the Land Development,¢ode 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 I Yes No Affects n7ig boring properties in relation to noise, glare, econouùc or odor effects; _ No affect or _ Affect mitigated by _ Affect CanIlot be mitigated Compatibility with adjacent properties and other property in the district: DATE: MEMBER: EXHIBIT itA" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17D "~ CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 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 V" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /" 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 Yes V No DATE: 5/&/t MEMBER: Based on the above findings, this conditional use should, with sti ulations, (copy attached) (should not) be recommended for approval ,. \'1 ~o ~j::~\fft '- 170 f."'*(",,1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 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 De~pment 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: // ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district // Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval MEMBER: ~~ {ß vA (VI, 'ofµ¡) DATE: 5-/0---- cJ L( 170 ... FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 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: YesL 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 I 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 / Yes // No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~ ~. D 'f MEMBER: \<t.. {~~ 170 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4249 The following facts are found: 1. Section 2.2.2.3.3 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 V 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: /' 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 Yes /" No Based on the above findings, this conditional use should, with stipulations, (copy attached) ( should not) be recommended for approval DATE: -1 ,/0 Lj MEMBER: t}7¿A1 I ~ - 39th STRþET S, W, 'IIIõII:r-a - - - - -.. ....' ..0, \,00 "'.. ~ .." .~~~ ----~-----~-------~- I' f I In "ï ~ .. - '. 'W , I_~ I!r;~;~ ~:::i.<J,:J~ üi'~~ ~;J. ~..";.l,.J ~~~tJ þj Þ< ::x: H tD H 1-3 , tD i J=I ~... .1]..11· Un=--f· a; .1= . = ~.. .~. ~. Q.. ~ - .... ,... .... ~. ~~_C)_ ~ - 0 ~:::1 ~ ~ ~ ~ ..~ rii;jt'èjc/)~ ;;b.<ö;19 ~~mg ....g""t~ ~8Y>C) I ;E a G') . , G') :b ", ::p c:: ~ a; ~ -1 I\) ~ -- "'.. .."'f ---~-----~~. ~ m: I~~ .,1'. L. (¡~ ¡ H IS / l ~- !þ '. , I ") I __.. .. ~.~.: ¡ I .xII. I J : . æ!:;.GIIott~c· :1.1·· 1.1 !?,. :., I I·, , ,- '\ LJ-1 'í . I \ , , i m ~ ~ J .O'OIH 3 .0\;&1.00 N [(rEm) IMJ?¡~¡( [;fj))i'i!$'!r1>l1!Dij;11111]i'/J -MODe.. HOME CONDrTIONAL use MASTER PLAN ~. N 1'30' - TRACT 153 -lNT 27 - ~ ~I ^.a.~ ~ðt'f"A.~ -... ....I!I!NIQ ~"-__.£o, ,~ "",,,' ""- ..... .......... 1\JoI.'. ~II""'~,,, en .~ ~ ~ PI .~ .~. 1 -- --"'- .. ''-_11'1._ ........ ..IUI&.-- - --..~ ...- I t I J . . -.... j . I I . ; i ~ ~ i ~ J' I J I . I f ~. I ..... aa MM~.·..- ~ ñ1 .. J ~ .It i ~ - ! ., ! rl¡ ~ ~ ~~e !I !~~ ;~Ii' ~ !~ ;}~ ;·~u I ; I_ 41 :~!i. § allh Ibl !~ fir ¡ ;¡I : [tll II ,.. r.:¡", III Conditions for Approval of Conditional Use CU-2003-AR-4249 (May 6, 2004) 1. This Conditional Use approval shall expire two (2) years from the approval date of this petition by the Board of Zoning Appeals. Should the property owner wish to continue the approved use beyond the two (2) year extension, the property owner shall reapply for another Conditional Use or comply with applicable land development regulations at the time of expiration of this Conditional Use, 2. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 91-102) 3. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the Course of site clearing, excavation, or other construction activities a historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4. Pursuant to Section 2.6.33.4.1.2 of the Land Development Code, the model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 5. A sidewalk shall be designed and constructed, per LDC requirements, along the entire frontage of this property on 39th Street S.W. within six months of the approval date of this request. A Right-of-Way permit will be required from the County Department of Transportation. Exhibit "C"