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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 -2- 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/ ~ . I ~ I- ~'" ~ 8 = m > ~1 1 ~ ~ ~ I t.e east ,/~ I ] ~ 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"