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Resolution 2004-048 ~. 7 h 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 7~ 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 ~. ;~y:~~;~.::~~~:~:~,>.~ ~~.~() S'.~' " ~~rk:and m<"".;"~ ", . ~Uili 1-", I' . 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 Item # "lit /.~.~ -....:'c::': 20f2 ctm~) /-1m ~ Deputy lerk '7~ 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 ~ / "'1.-~...r Yes No , ,"::A\V'~ - - ~I'~~ 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 r 115' !of / r 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 ^ ~\ CONCEPTUAL MASTER PLAN CU-2003-AR-4583 l.~ I , I : I ,I ... ..... u~ '-NT" , . t:'l._:l:c~~~~r:~~\ -~. . ,. U -,,~ I .. ...... - . '"7-""'-- n II ~ d " Il~: !t.~.~.:' .',':.J H I"JLI i \.\ I t. I .. ,I:' . ".' > \. .(:~~~;:> ~ lJ j '/'J\I ~fi)jl'?:--f':--"_i I 'I '~i" I ; 1 ill ~ .:( 'i , I ~i ~.~ -.- .., 7]:171: ; l_~,',! ' II :,.11 '.:~ i( " ) [(' \ tl/''J'JI' i : l' Ill!!1 ".<.,:,. I * : I t{l.~, ... - ,",. ",",c - ..~"" --..... "'......... j i ~....~'" . - -~=,~. "" ...- -. ---.~ ",- ..f' --- - ~ ..", ."............. ......-r--'i~..;..~:.., ___ i I II . v~"....... .. ". <.- ;..;:..;.:;:--:.: . _____ --~ (L-__' .':.:" ":.=:>.~_ J. __ ".. I ' I I I I ! -"=...=J--- ~ -,-....--"'-__.. (, "II III . 'j " I ~ J, ., h~11 ~ I \. i !I'll Ill. ~~I .- ~er'l. ,,~ . j ~lifl i .~. I. ~:H I " J I I ~. . .J ~ I:' L 11 If" lj}l!! I II! ; 1 ;, "j' ,lltl .! '. I II .r, i( i ~Ilt. '~~Pl .!., i lll!:~ i. & ~'l 'I. rim. ' III i i~ '1' Ij1 . ;!i*"l."..~. 1"" l,t I I .. " 1"1 . C' II " : III .t~l' Ith II. . !, S, . \ il \-- ',~i: ; l j 2 . ...-::.._- --. '.-Ij .~,.- [), . "~'~''''''~'""",,,,,,,,,,,,.....-..,..,, ...~,~......-.~. ..... .,I'~'" ",_'- " i\ .' '".." '.. \.1 ~ \0 = o oc <"'lO 00 r"') ("'i ......... In C c,..?: "":joC>c.:..J ~~~~~ ~~~~ c-I U co w..J g w:.l ~. Q ("l ~ C >- ::)~<~ Uc...C::><: i ! . I I I j EXHIBIT C 7A t .. ~ !I 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