Resolution 2004-285
7A
RESOLUTION 04- 285
A RESOLUTION PROVIDING FOR THE CONTINUATION OF
A OF A MODEL HOME AS A CONDITIONAL USE IN THE
"E" ESTATES ZONING DISTRICT PURSUANT TO LDC
SECTION 2.6.33.4.] OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter ]25, 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, pursuant thereto the County has adopted a Land Development Code
(Ordinance No. 91-102, as amended) 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 a conditional use as
allowed in Section 2.6.33.4.1 of the Collier County Land Development Code in an "E" Estates
Zone for a model home on the property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangements 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 for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given an opportunity to be heard by this
Board of Zoning Appea]s in a public meeting assembled and the Board has 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-3648, filed by Stuart Kaye, of Kaye Homes,
Incorporated, with respect to the property hereinafter described as:
The South] 65 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township
48 South, Range 26 East, Collier County Florida,
which is incorporated by reference herein to be approved for a Conditional Use as allowed in
Section 2.6.33.4.1 of the Collier County Land Deve]opment Code in the "E" Estates Zoning
Page 1 012
.,.
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District for a model home in accordance with the Site Plan received March 26, 2004, shown on
Exhibit "B," and subject to the stipulations found in Exhibit "C," both of which are 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 majority vote.
Done this
jf
;? I -- day of
-0;"f'lhn!J~/ ,2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
,>....:;..:~ . :~:::.~~.:-..
,.DC
d-
Approved as to Form and
Legal Sufficiency:
~W4
atnck. Ite
Assistant County Attorney
Exhibits (attached): A.
B.
C.
Findings of Fact
Site Plan, received March 26, 2004
Stipulations
C U -2003-AR-3 648/KD/I 0
I Item # 1 A-
Agenda q -21-0d
Date j
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Page2012
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3648
The following facts are found:
1. Section 2.6.33.4.1 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 I No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
6 h /04-
, (
CHAIRMAN:
U JlAJI
EXHIBIT A
,
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3648
The following facts are found:
1. Section 2.6.33.4.1 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 L/ 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, -v.ith stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals. \.. -I ~ _
DATE: lj J J O't MEMBER:
EXHIBIT A
7A ...
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3648
The following facts are found:
1.
Section 2.6.33.4.1 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:
Consistency fe Land Development Code and Growth Management Plan:
Yes No
A.
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 ingressf/egress
Yes / No
C.
;:ects "eighboring properties in relation to noise, glare, economic or odor
effec :
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible u7e ithin district
Yes No
MEMBER:
Based on the above findings, this conditional use should, wi h
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
7A .~.
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
'U'tB
CU-2003-AR-ea'l
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses.
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 .---.i... Affect mitigated by f\S ~;,'pu.~
_ 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 fmdings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
DATE: t.--- 3- 6L
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EXHIBIT A
~
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
%Ll8
CU-2003-AR-4J'-J
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses.
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 J 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 adj acent properties and other property in the district:
Compatible use within district
Yes ------ No
Based on the above findings, this conditional use should, with stipulations, (Exhibit "D")
(should not) be recommended for approval
1\lQ,wp~~
€l1L.1l1 '''''': __ _ _ _ _ -.. __
DATE:
&-3-(l'r
EXHIBIT A
7A
11
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-44IfB. 3Co~ 15
The following facts are found:
1. Section 2.2.4.3.2. and 3.ofthe Land Development Code authorized the conditional uses.
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:
~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, wi,J/stipulations, (Exhibit "D")
(should not) be recommended for approval
DATI>: o/;/t
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EXHIBIT A
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KAYE MODEL HOME; CU-2003-AR-3648
STIPULATIONS FOR APPROVAL
r7 A ,~.
1. The Conditional Use approval to allow a model homeis limited to what is depicted on the Site
Plan, prepared by Robinette & Eaton Lane Surveying, Inc., stamped received March 26, 2004, except as
further conditioned below.
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. The model home and model sales center uses are restricted to the sale and marketing of the
model, or products similar to this model. Use of this site for offices, parking or any associated use for
any builders, contractors, developers, or similar activities is prohibited. Employee parking on this site is
limited to employees working in this model.
5. Use of any structure on site for either temporary or permanent living quarters is prohibited until
the appropriate approvals have been forthcoming from the county to allow the conversion to a single-
family residential dwelling. Before occupancy as living quarters, the parking lot must be removed and
the ground must be sodded or landscaped.
6. Within 90 days of the approval of this Conditional Use petition, the owner must submit a Site
Improvement Plan application (and pay appropriate fees) for the purpose of addressing the sidewalk
provision along the entire frontage of Oakes Boulevard. Or, in the alternative, the owner must provide a
letter to Zoning & Land Development Review staff indicating Transportation Planning Staff has
accepted a fee-in-lieu payment to offset the sidewalk costs, if Transportation Planning Staff determines
that such a fee would be more appropriate than actual construction, given impending roadway
improvements that could cause damage to that sidewalk.
7. Site access will be limited to right-in and right-out only.
Revised: 7/27/04
CU-2003-AR-3648
Exhibit C
G:\Current\Deselem\Conditional Uses\Kaye Homes--Model Home, AR-3648\stipulations for approval.rtf