Resolution 2000-444
17C ,I
RESOLUTION NO. 2000-~
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF A MODEL HOME
CONDITIONAL USE IN THE HE" ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.6.33.4.1.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 15,
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 a Conditional Use pursuant to
Subsection 2.6.33.4.1.3 of the 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 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 for the Collier
County Planning Commission; 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 filed by James McCord, representing American Dream Builders, Inc., with
respect to the property hereinafter described as:
Tract 119, Golden Gate Estates, Unit 26, as recorded in Plat Book 7, Page 15, of the
public records of Collier County, Florida.
-1-
be and the same is hereby approved for a conditional use pursuant to Subsection 2.6.33.4.1.3 of the
Land Development Code in the "E" Estates Zoning District for a model home in accordance with the
Conceptual Master Plan (Exhibit "B") and subject to the following conditions:
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
This Resolution adopted after motion, second and majority vote.
Done this ~-~ day of A./o u,-f,.rr~,~ ,2000.
.,D ;.WIGH.~ E."BROCK, Clerk
:,.; Apprp~ed as tO'F:o~ ~d
'L~gal Sufficiency:
M~e M. Student
Assist~t County Attorney
g:/adrnin/CU-2000-12/ RESOLUTION/DM/im
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
JAMES AIRMAN
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section of the Land Development Code
authorized the conditional use.
o
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 with the Land Development Code and
Growth Management Plan:
Yes No
m o
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 J No
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~houid,>with
stipulations, (copy attached) (should not) be recomm~'hd~'d for
approval
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section of the Land Development Code
authorized the conditional use.
o
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 with the Land Development Code and
Growth Management P~an:
Yes No
So
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 &.~gress
Yes ~ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~' No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes ~ No
Based on the above findings, ~-B--~ditional use should, with
stipulations, (copy attached)~hou~not) be recommended for
approval .
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section of the Land Development Code
authorized the conditional use.
o
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:
no
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~-~ No
B o
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 & e~ess
Yes ~/No
Co
Affects neighboring properties in relation to noise,
glare,/e~c~0nomic or odor effects:
~/ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes /No
approval
DATE:
Based on the above findings, t.~_ci2~ditional use should, with
stipulations, (copy attached)~houl~) be recommended for
MEMBER:
f/FINDING OF FACT MEMBER/
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
1. Section ~. ~-~.~.~ ~ 2.~.~ of the Land Development Code
authorized the conditional use.
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:
ao
Consistency with the Land Development Code and
Growth Management P~:
Yes No
o
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 & egr/ess
Yes ~/No
Affects neighboring properties in relation to noise,
glare,/~conomic or odor effects:
u/No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w//thin district
Yes ~' No
Based on the above findings, t~Lts~c~q~ditional use should, with
stipulations, (c. opy attached~(shou_~ not) be recommeFf~ed for
approval ~ ~-~ . ~_-~----' ~ / /
f/FINDING OF FACT MEMBER/
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section of the Land Development Code
authorized the conditional use.
o
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 with the Land Development Code and
Growth Management P~
Yes No
B o
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 & e~s
Yes F~ No
Co
Affects/~eighboring properties in relation to noise,
glar~, economic or odor effects:
~/ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the distric.~:
Compatible usez2~fthin district
Yes ~ No
Based on the above findings, this conditional use should/~th
stipulations,~py attached) ~ot) be recommen~d ~or
approval . ~/. ~/~/~~~./z~u~._______~
f/FINDING OF FACT MEMBER/
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section 2.7.4 of the Land Development Code
authorized the conditional use.
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 with the Land Development Code and
Growth Management Plan:
Yes / No
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 & ~gress
Yes , No
Co
Affects neighboring properties in relation to noise,
glare/ economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use/Within district
Yes ~ No
Based on the above findings, this conditional use s~ with
stipulations (copy attached) ~'-~ not~ be recommended for
approval ~/;P/6~F~f ~/~~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
Section ~.~,~. ~ ~,~,,f~ ~,,9---~of the Land Development Code
authorize~ 'th~ C6nditi~nal'~se.
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:
ao
Consistency with the Land Development Code and Growth
Management Plan: ~
Yes No
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
Affects~ghboring properties in relation to noise,
gla~conomic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within/district
Yes ~-~ No
Based on the above findings, th~s-~ti?nal use should, with
stipulations, (copy attached<(~shoul~ be recommended for
approval
DAT ,: //-,;--
LAND SURVEY OF
The last Half (E'~) of lract 119, GOLDEN GATE ESTATES UNIT No. 26, as recorded in Plat Book 7, Pages 15 and 16, of the
Public Records of Collier County, Florida. Subject to easements, restrictions and reservations of record.
I C.R. 95!
~ ,~ ~. STATE ROAD 858
(1~'7/ ~
.
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] ~ I~E WVz OF T~ACT ll9
Exhibit "B"
SCALE: 1
1l-~-97~1197006 COB-~ BOUNDAR~/ASSUM. EL~ ~-P~~B~INOS ~ED ON: PLAT
' ~ ~ E~A~ONS ~ED ON: ASSUMED 04TU~
DATE ORDER ~IELD BOOK R~SIONS ~- ~ ~ LO~TED IN ~D ZONE:
w/_~ ~ PER F,I.R,M. DA~D:
~ ~ ~ ~ ~ ~ ~ V~D
OMNI SURVEYS, INC. % ~ ~~ .... ,
~L (941) 959--~666 ~. ~ ~
F~ (941) 939--7181 ~ ~.~ ..... J~ot~[ MO~. p~ '
7C
Conditions for Approval of Conditional Use CU-2000-12
(October 5, 2000)
1_7C,
This conditional use approval shall expire five (5) years from its original date of
adoption. Should the property owner wish to continue the approved use beyond five
(5) years, 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.
The Planning Services 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).
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course
of site clearing, excavation, or other construction activity 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.
Landscape and irrigation plans shall be submitted for approval by County planning
Services Staff, and shall be in accordance with applicable Land Development Code
regulations in effect at the time of approval of this conditional use.
Exhibit "C"