Resolution 2004-050
7C
RESOLUTION NO. A 50
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 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONTAINING 5 ACRES.
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 Collier County 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-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter described as:
All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof
recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida,
Page 1 of 2
-f"'4
7C
Is hereby approved for Conditional Use 9 of Section 2.2.3.3 Collier County Land Development
Code in the "E" Estates Zoning District for a model home and sales center 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.
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.
BY:
DO
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Approved as to Form and
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Patrick G. White
Assistant County Attorney
CU-2003-AR-4799/MD/lo
Page 2 of 2
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
7C
. ,..,
CU-2003-AR-4799
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 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 V' No
DATE: / h5' 104-
I {
Based on the above findings, this conditional use should, with stiPul~ (copy attached)
(should not) be recommended for approval 1 1GOr ert .
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CU-2003-AR-4799
PROJECT #2003040011
DATE: 1017/03
MIKE DERUNTZ
~X/hBlr '(B d
"'.7!G JIll'
.
Conditions for Approval of Conditional Use CU-2003-AR-4799
(January 15, 2004)
1. This conditional use approval shall expire one (1) years from its original
expiration date ofCU-2000-12 (November 25,2005). Should the property owner
wish to continue the approved use beyond the one (1) 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 design and constructed, to the County's "Local Road"
standards, along the entire frontage of this property on 13th Avenue S.W. within
six months from the approval date of this request.
Exhibit "C"