Resolution 2007-338
RESOLUTION 07 _ 338
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER CU-2007-AR-11970, GRANTING A TWO-YEAR
CONDITIONAL USE FOR A MODEL HOME AND SALES
CENTER AT 4050 13TH AVENUE S.W., LOCATED WITHIN THE
ESTATES DISTRICT "E," IN SECTION IS, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of Conditional Uses and the extending of the
time periods of approved Conditional Uses; and
WHEREAS, on November 28, 2000, the Board of Zoning Appeals of Collier County, Florida,
adopted Resolution No. 00-444, a copy of which is attached hereto as Exhibit A, granting American
Dream Builders, Inc. (Petitioner), a Conditional Use for a model home sales center on property
located within the Estates District "E," more particularly described in Exhibit B, which use expired
November 28, 2005; and
WHEREAS, on February 10, 2004, the Board of Zoning Appeals of Collier County, Florida,
adopted Resolution No. 04-50, a copy of which is attached hereto as Exhibit C, granting a
Conditional Use which extended by one year, to November 25, 2006, the expiration date originally
established through Resolution 00-444; and
WHEREAS, on July 25, 2006, the Board of Zoning Appeals adopted Resolution No. 06-188, a
copy of which is attached hereto as Exhibit D, which granted a one-year extension to the Conditional
Use established through Resolution 04-50 subject to the conditions applicable thereto and additional
conditions; and
WHEREAS, on November 28, 2006, the Board of Zoning Appeals adopted Resolution No. 06-
306, copy of which is attached hereto as Exhibit E, correcting a scrivener's error in Resolution No.
04-50 relating to the Conditional Use's expiration date which is (as corrected) November 28, 2007;
and
WHEREAS, Golden Gate Area Master Plan Section III.B.2. provides that "no subsequent
issuance of a Conditional Use permit shall be for a duration exceeding two (2) years;" and
WHEREAS, the Petitioner has submitted a written request for an additional Conditional Use
for the model home sales center; and
Page I of2
WHEREAS, the Collier County Planning Commission has found as a findings of fact (Exhibit
F) that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of granting an additional two-
year Conditional Use for this property; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
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:
1. Petition No. CU-2007-AR-11970, filed by Edward B. Hanf and James M. McCord on
behalf of American Dream Builders, Inc., for a Conditional Use for a model home and sales center at
4050 13th Avenue S.W., Naples, Florida, more particularly described in Exhibit B, as shown on the
boundary survey (Exhibit G).
2. This Conditional Use shall expire on November 28,2009.
BE IT FURTHER RESOLVED that this Resolution relating to Petition No. CU-2007-AR-
11970, be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote this ~1 day of
r-l()~t..T\'b<..- , 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
.<\'
,.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
/)'~'~
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t-. ,
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By: ~at~", .
JAMES COLETTA, ChaIrman
form and
cy:
J effr latzkow
Chie tant County Attorney
EXHIBIT - Copy of Resolution No. 00-444
EXHIBIT B - Legal Description
EXHIBIT C - Copy of Resolution No. 04-50
EXHIBIT D - Copy of Resolution No. 06-188
EXHIBIT E - Copy of Resolution No. 06-306
EXHIBIT F - Findings of Fact
EXHIBIT G - Boundary Survey
Page 2 of2
I.,
17C 1
RESOLUTION NO. 2000--,-"-
A RESOLUTION PROVIDING FOR nIB
ESTABLISHMENT OF A MODBL HOME
CONDmONAL USE IN THE "E" ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.6.33.4.1.3 OF
nIB COLLrER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION IS,
TOWNSHIP 49 SOUTH, RANGE 26 BAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Lcgislatun: oC the State oC Florida in Chapter 67-1246, Law. of Florida, and
Chapter 125, Florida StalUtes, has conferred on Collier County the power to eotablioh, coordinate and
enforce zoning and such business regulations u are necessary for the protection oCtile public; and
WHEREAS, the County pW'Suant thereto has adopted a Land DeveJopment Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establi,hing lCgulatioDS for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commialion, boing the duly appoinled and
constituted planning board Cor the area hereby affcctctl. h.. hold a public hearing aller notice as in said
regulations made and provided, and has considered the advisability of. 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
tho property hereinafter described, and baa found as . matter of fact (Exhibit II A") that satisfactory
provision and arrangement have been made conccming all applicable matlen required by said
lC&Wationa and in accordance with Subsection 2.7.4.4 of the Land Development Code Cor the Collier
County Planning Commission; and
WHEREAS, &11 interested. partica have been given opportunity to be heard by this Board in a
public meeting asaembled and the Beard having considered all matters presCOled.
NOW, THEREFORE BB IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of
Collier eouct}', Florid. that:
The petition tiled bllame.s McCord, reprca:e.ntins American Dream BuiJders, Inc., with
respect to the property hereinafter dcocribed u:
Tract Jl9, Golden Gate Bslalcs, Unit 26, u recorded in Plat Book 7, Page ]5, of the
public _ords of Collier County, Florida.
-1-
Exhibit "A"
...
17 C"\11
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.
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 ~ day of No v-c.m6<-Y ,2000.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY ~
. JAMES AR R, PhD., CHAlRMAN
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'-. Approved lISt<! Form and
.....L~is~#1eii~y:
7lI;;~JL fiJ. iJtv.~(I.d;
M8Ij e M. Student
Assistant County Attorney
g:ladminfCU.2000-I2I RESOLUllONIDM/im
Exhibit "A"
17C-l
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
1. Section 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:
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
stipulations, (copy attached) (should not) be
approval
usec;ho~id,)with
recommetiaea for
DATE: / / /..z/.. c'
MEMBER:
'I
cA~ '>-j.02..-J ~
(; () v
t/PINDINO OP PACT MBMBBR/
Exhibit "A"
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 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 I( 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 &. ~ress
Yes ~ No
C. Affects neighboring properties in relation to noise,
gla~e, 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 us~/within district
Yes v No
Based on the above findings, ~itional use should, with
stipulations, (copy attached)~not} be recommended for
::~lll,;, 9-"'-" . ~,J41. ~I~-
tlFINDING or PACT MEMBBRI
Exhibit "A"
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 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 1/" 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 & egpess
Yes .........- No
C. Affects n~ighboring properties in relation to noise,
glare,~onomic 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 wi~in district
Yes .L' No
Based on the above findings, ~;A ~O~ditional use should, with
stipulations, (copy attached) should -ftet:") be recommended for
approval 1/ ' /
DA<E, III ~j dc> -"", fTA-/ /#7
l/FIHDING or FACT MEHSZRI
Exhibit "A"
17G
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
1. section.51. (P.3~.". '5 ; :l./o ~,I/<; 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 Pl~:
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 & eg;:ess
Yes ........... No
C. Affects neighboring properties in relation to noise,
glare,~conomic 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 ~thin district
Yes ........ No
Based on the above findingS,S' ditional
stiPulati~ (loPY attached _ (Shouy not) be
approval "- .! .
,-
DATE: 1I-~-U:t:D MEMBER
with
for
~
f/PINDING 07 FACT MEMBXRI
Exhibit "A"
17C~'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-l2
The following facts are found:
1. Section 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 Pl~
Yes "r 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 & e ss
Yes No
C. Affect eighboring properties in relation to noise,
, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distri
Compatible use thin district
Yes No
Based on the above findings, this
stipulations, (copy attached) I_L
approval ~~
DATE: ';1Jrr' ~.:2_
conditional
,. ot)
MEMBE
f/PIHDINQ 07' FACT HB'MBERI
-~--_.._. -..--------
Exhibit "A"
17C ~..~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
ctJ-2000-12
The following facts are found:
1. Section 2,7,4 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 I 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 & 7gress
Yes" 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 II" No
Based on the above findings, this conditional use(Shouln/ with
stipulations, (copy attached) ("aElllld l,oL) be recommended for
approval 11m/MIl f) Ii1 (!. 1/
DATE: 11/2/00 MEMBER: ~ jt.Juld
I I
f/rnmING OF FACT MBHBERI
Exhibit "A"
17C
'1.
--
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
1.
Section 21../fCIJ 51l.3r~,'1.'(....-of the Land Development Code
authorized toe conditJ.onal 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 acces;~case of fire or catastrophe:
Adequate ingress egress
Yes No
C. Affects J.ghboring properties in relation to noise,
gla 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 withi~district
Yes ~ No
Based on the above findings,. ~ eon~ti?nal use should, with
stipulations, (copy attached~ishould~ be recommended for
approval ,
DATE: //-..;'- tic)
EXHIB
Exhibit "A"
LAND SURVEY OF
Th~ (~$t Mdlf CEJ) or Trict 119, GOLDEH GATE ESTATES UNIT Ho. 2&. II rlcorded fn r1at Book 7, 'ages 15 .nd 16, of the
Public RrcQrd$ of Collier County. Florida. Subject to ell~nts. restrlctfons .nd reserv.tions of record.
100' R/w
Ill.
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C.R.
951
STATE
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Exhibit "B"
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Conditions for Approval of Conditional Use CU-2000-12
(October 5. 20(0)
J. This conditional use approval shall expire five (5) ycan from its original date of
adoption, Should the property owner wish to continue the approved use beyond five
(5) years, the propeny owner shall reapply for another conditional use or comply with
applicable land development regulations at the time of expitation of this conditional
use,
2. The Planning Services Difeclor 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 pan 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 10 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
arohacological artifact is found, all development within the minimum area nece'ssary
to protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
4. Landscape and irrigation plans shall be submiUcd 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 "A"
LEGAL DESCRIPTION
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.
EXHIBIT B
.
RESOLUTION NO....ll!: 50
A RESOLUTION OF THB BOARD OF ZONING APPEALS
PROVIDING FOR nIB ESTABUSHMENT OF CONDmONAL USE
9 IN THE "E" ESTATES ZONINO DISTRICT PURSUANT TO
SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND
DBVELOPMENT CODE FOR PROPBRTY LOCATED IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 BAST, COLLIER COUNTY,
FLORIDA, CONT AININO 5 ACRES.
7C
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florlda Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as arc necesslU')' for the protection of the public; and
WHEREAS, the County pursuant thcre10 has adopted a Land Development Code (Ordinance
No. 91-J02) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of plJ"ticular geographic divisions of the County. among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning AppcoJ. (Board), being lbe duly appointed and constituted
board for the area hereby affected, has held a public hearing after notice as in said reguJations made and
provided, and has considelCd the advisabilily of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the
CoUier COWlty Land Development Code in an OlE" Estatel 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, a]) 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 RESOL VEO BY the Board of Zoning Appeals of Collier
Counly, Florida, that:
The petition, CU-2003.AR-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter dcsc:ribed as:
All of Tracl 119, Golden Gate Estates, Unit No. 26, according 10 the pIal thereof
recorded in Plat Book 7, Paae 15, Public Record. of Collier County, Florida,
Page 1 of 2
.,..
Exhibit "e"
.
7C
I. h,,,,by approved for Conditional Use 9 of Section 2.2.3.3 Collie< County Land Development
Code in the ME" Estates Zoning District for a model home 8Jld sales center in accordance with
the Conceptual M....r Plan (Exhibit "B") and subject to the following condilions:
Bxbibit .C. which is attached hereto and illCotpOrated by noference herein.
BE IT FURnIBR RESOLVED that this Resolution he lCCordcd in the minute. of lbi.
Boan!.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2004.
BOARD OF Z NINO APPEALS
COLLIER Y, FLORID! _
BY: ~ d..L4
DO 1\ FIALA, CHAIRMAN
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DEPUTY-q.~rr.':','r~O~olo~,.."
__ . .."ibiIii'i
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Approved.. to Form and
~al~"!fj.,cicncy:
~~
Patrick G. White
Assistant County Anomey
CU-200J.AR-4799/MDJto
Uo._
Page 2 of 2
I' :', '!?'I'o/ey
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Exhibit "c"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETmON
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:
~ 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, with stiPUI~ (copy attached)
(should not) be recommended for approval I Y"""" 'W .
~#t~~~ I!~..tIJ AM
DATE: / h.-rial-
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Exhibit "C"
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CU-2003-AR-4799
PROJECT #2003040011
DATE: 10n/03
-- MIKE.'pERJl~IZ _ __ ____
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CondltiolUl for Approval of Conditional Use CU-2003-AR-4799
(January 15, 2004)
I. This conditional use approval shall expire one (I) years from its originaJ
expiration date ofCU-2000-12 (November 25,2005). Should the property owner
wish to continue the approved use beyond the one (I) 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 Depanrnent 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 dale of this request.
Exhibit "c"
RESOLUTION 2006-~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER CUE-2006-AR-9424,
GRANTING A ONE-YEAR EXTENSION OF AN
APPROVED CONDITIONAL USE FOR A MODEL
HOME AND SALES CENTER LOCATED AT 4050 13TH
AVENUE SOUTHWEST, LOCATED WITHIN ESTATE
DISTRICT "E."
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida 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 adopted a Land Development Code (LDe)
(Ordinance No. 2004-41. as amended), which establishes zoning regulations for the particular
geographic divisions of the County, among which is the granting of a conditional use and the
ex.tending of the time period of an approved conditional use; and
WHEREAS. on February 10, 2004, the Board of Zoning Appeals of Collier County.
Florida, enacted Resolution No. 2004-50. attached hereto as Exhibit "A", granting American
Dream Builders, Inc. (the "Petitioner"), a conditional use for a model home and sales center on
property located within Estate District "En, more particularly described below; and
WHEREAS, Subsection 10.OS.E.3. of the LDe provides that 'The board of zoning
appeals may grant a maximum of one one-year extension of an approved conditional use upon
written request of the petitioner;" and
WHEREAS, the Petitioner has submitted a written request to extend the conditionaJ use
approved by Resolution No. 2004.50.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WNING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
I. The written request for one one.year extension of the conditional use for a
model home and sales center at 4050 131b Avenue Southwest, located within the Estates
District "E" and more particularly described as:
All of Tract 119, Golden Gate Estates, Unit 26, according to the plat thereof
recorded in Plat Book 7, Page 15 of the Public Records of Collier County,
Florida,
is approved pursuant to Subsection 1O.08.E.3. of the LDC, and the expiration date for
Resolution No. 2004-50, and all conditions applicable thereto, is thereby extended until
February la, 2007. with the following additional conditions:
a. Petitioner shall provided evidence of aD ADA (Americans with Disabilities Act)
accessible route from the existing or any future handicap parking space(s) to the model
home and sales center and to the access road.
b. Petitioner acknowledges the probability that additional right-of-way may be
required on the subject propeny.
Page 1 of2
Exhibit "D"
c. A Vegetation Removal Permit is required for any land clearing beyond the one
acre permitted through the existing building permit.
d. The property shall be kept free of prohibited exotic vegetation, as defined by the
Collier County Land Development Code.
2. Resolution shall be recorded in the minutes of this Board and in the records of the
Petition for which this extension is granted.
,.
This Resolution adopted after motion, second, and super-majority vote, this '0 < :> day
of -Ill Iy .2006.
A TI'ESn
DWIGHT E.BROCK. CLERK
~~H~~~
.-tt......to -Chltf"'allOtputy Clerk
S l'Jn<'tt;~r... \.".nl,
BOARD OF ZONING APPPEALS OF
COLLIER COUNTY FLORIDA
BY'~'>~'
. K HALAS, A AN
Page 2 of 2
Exhibit "D"
RESOLUTION NO..Jli: 50
A RESOLUTION OF nIB BOARD OF ZONING APPEALS
PROVIDING FOR nIB EST ABUSHMBNT OF CONDmONAL USE
9 IN TIlE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND
DBVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
IS, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONTAINING 5 ACRES.
7C
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 zonina: and such business regulations as are neccssuy 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 app<>inted and constilUted
board for the area hereby affec:tcd, has held a public hearing after notice as in said regulations made and
provided, and has conlidered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the
CoUier COUllty 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 satisfactoxy 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
Ocvelopment 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, TIlEREFORE. BE IT RESOLVED BY the Board of Zoning Appeals 01 Collier
County, Florida, thaI:
The petiti"n, CU.2003.AR-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter described as:
AU of Tract 119, GoJden aBte Estates, Unit No. 26. according to the plat thereof
recorded in Pial Book 7, Page IS, Public Records of Collier County, Florida,
Page I of2
.~
Exhibit D
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 Conccptual Master Plan (Exhibit "B") and subject 10 the following condilions:
Exhibit "e" which is attached hereto and incorporated by reference herein.
BE IT FURnIBR RESOLVED that thi. Resolution be recorded in the minutes of tbis
Board.
This Resolution adopted after molion, second and super~majority vote.
Done lhia
day of
,2004.
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Approved as to Form and
~aJ~r'k"icncy;
~~
Patrick G. White
Assistant County AtlOmcy
CU.200).AR... 799/M0II0
'K._.
Page 2 of 2
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Exhibit 0
17C- I
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-12
The following facts are found:
1. Section 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 v 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
stipulations, (copy attached) (should not) be
approval
useGhould,) with
recommeriaea for
'I
MEMBER: d"\'~ '>-/JUd '.:/-rr
V' (; ,
DATE: ///.;Z.~'"
t/VrNDXNO OF FACT MBMBBR/
-~-~---~--~_. -----~--~~
Exhibit "D"
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 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 P~an:
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 &. ygress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glave, 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 v No
DATE:
Based on the above findings, ~~ ~~itional use should, with
stipulations, (copy attached)~hou~not) be recommended for
approval .' _
MEHB,.,J~ (*1.":.,,-1 (~
II,]., 'J..(}tN
t/FINOING or PACT MEMB8RI
Exhibit "D"
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 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 t-/' 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 & egpess
Yes ........... No
C, Affects n~ighboring properties in relation to noise,
glare,~onomic 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 wi~in district
Yes ~ No
Based on the above findings, ~;R rO~ditional use should, with
stipulations, (copy attached) should ~ be recommended for
approval k . pl
DATE: J 1/ -z-) Ol...? MEMBER: (/ ./ #~
. ! /
t/FINDING OF FACT MEMBERI
Exhibit "D"
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 51. (P.3~.~. '5 ; ~.(., ~."s 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 Pl9B:
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 &< eg1;ess
Yes I../' No
C. Affects neighboring properties in relation to noise,
glare,~conomic 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 v' No
Based on the above findings.~ditional
stipulati~ (cfPY attached ~ (sho~ not) be
approval a- .! .
,-
DATE =-', -~ - U:t}:) MEMBER
use should, with
recomme d for
~
f/PINDINQ OF FACT MlrMBBRI
Exhibit "D"
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 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 Pl~
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: ri
Adequate ingress & e ss
Yes No
C, Affect eighboring properties in relation to noise,
, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distri
Compatible use thin district
Yes No
Based on the above findings, this
stipulations, (copy attached) I_L
approval ~~
DATE: ;111"'" ~.:2_ MEMBE
t/PINDIM] OF FACT HBMBER/
Exhibit "D"
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 2,7,4 of the Land D~velopment 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 & 9gress
Yes. No
C, Affects neighboring properties in relation to noise,
glarey 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(8houl n.? with
stipulations, (copy attached) (1lIllim.lEi H....t;r be recommended for
approval AIf1IJYAt () /YJ f J.. J /
DATE: 11/% /00 MEMBER: LwJV'JUWd
I I
f{FINDING OF FACT MBHBER/
Exhibit '0"
17 C .~_
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.j .II~ '1.:5 I/. :l.4-..'T. '(. .,-of the Land Development Code
authorize "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 acces;~ase of fire or catastrophe:
Adequate ingress egress
Yes No
C. Affects ghboring properties in relation to noise,
gla 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 withi~district
Yes ~ No
Based on the above findings,,~ eeH~tional use should, with
stipulations, (copy attached~ishould~ be recommended for
approval _
DATE: //-~- lie)
EXHIB
Exhibit "D"
LAND SURrEr OF
The (ut Ho1lf (En or Trilct 119, GOlDEN GATE un.TES UNIT No. Z6. u recorded 1n rht 800k 7, Pages IS and 16, of tlte
Public Records of Collier County. Florldfl. Subject to easC!Wnts, rc!strtctions ilnd rese,.....ttans of record.
100' R/W
'E. -
C.R.
951
STATE
ROAD
sss
2DM Olf pvw.
'- ~. CtlNe. CURB
l82aOO'CA) 1319.76'(M)
5' GOWe. WAUC.
( .;. 33ClOO'CRl 323.34' CCl
..~
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\
119
IS5.r.'
"4050 13th AVe. S.
CONG. FOUNDATION
FINI5~ED FLDOR tiu:v, +I02L~Z
rue fAST VI
Of TRACT !I&
.
~
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50.'9'10"W
33ClOO'(Rl 329.94'(CI
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TIlE WYZ OF TRACT 1\9
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Exhibit "B"
1I-6..!l7119700' Co&.aa BDUNOARV....USUJ.t,EL.
DATE OIlO[R La 800 RtVI
~. . ""- ~,... IK.ARINGS BASED ON: PLAT
"" iii EU:YA,TIONS IMSED ON: AS5UUEO OATUM
.... ... I.OCATED IN f'LOOD ZON[: 'X"
. _--.:tJ! POt F'.LR.N. ~TEO: .. 6
.. .. CDrI'lnCATE
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17C
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.
Conditions for Approval of Conditional Use CU-2000-12
(October 5, 2000)
I, 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) yeani, the property owner shall reapply fOf another conditional use or comply with
applicable land development regulations at the time of expiration of this conditional
use.
2. The Planning Services Director may approve minor changes in the location, siting, or
height of buildings, slJuctunls. 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 consttuction activity a historical or
IUChaeological 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. Landscape and inigation 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"
.
Exhibit "D"
..
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-11970
The following facts are found:
1. Section <text> of the Land Development Code authorizes 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 V g,uJ: C~N bIZ JJ--:>o\<.)Q<;) <.J'<A O;:~b
!v-t.c:lcr'\~.,) f>.l,..,'~ to \5, c.c .
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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by <text>
Affect cannot be mitigated .
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
DATE, 10 - 1'<-" 1 CHAIRMAN, vV)wIv (7 ~
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
I. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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
. YesL No
C. Affects neighboring properties in relation tOhoise, glare, economic or
odor effects:
_ No affect or / Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district
Compatible use within district
Yes V No
Based on the above fmdings, this conditional use should, with stipulations, (copy
attached) (should not) be reconnended for approval <text>.
MEMBER:
/-;: ~
DATE: /<1-/?-o7
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
Yes i 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 'I- No
C. Affects neighboring properties in relation to noise, glare, economic or
odor effects:
k No affect or _ Affect mitigated by <text>
_ 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, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
DATE: I&) -It-d? MEMBC' Fz.... -2- ~<-
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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 & egr%
Yes_ No
C. Affects neighboring properties in relation to noise, glare, economic or
ozs:
_ No affect or _ Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distri~
Yes~ No
Based on the above findings, this conditional use should, with stip
attached) (should not) be recommended for approval <text>.
DATE: /v/.p1o'7
I 7 '
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
I. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
YesV 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or
odor effects:
t.- No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for a.Q~~~..:text>.
DATE: 9//'<;; 101 MEMBER: ~-..
_._-~-'------
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authori2ed the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
YesL 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 <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above findings, this conditional use sho d, with stipulations, (copy
attached) (should not) be recommended for approval text>.
DATE: ~ ~<(; ?wr
MEMBER:
611i>tJ g(j,\.}~
Exhibit "F"
.'
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-11970
The following facts are found:
I. Section <text> of the Land Development Code authorizes 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 ~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 ingr7 egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use w~ district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
"ATRia ~ (f' , cCl;:~e.< {Zf
Exhibit "F"
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
I. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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:
/
V No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes VNO
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
DATE:
/(,11; f !rYl
I I
" '-]J ~
MEMBER:A/t'ri'ltL.I'Cu/.~ {~iJi.-~
Exhibit "F"
t'
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-11970
The following facts are found:
I. Section <text> of the Land Development Code authorizes 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~ NOI g,~ CIlrJ b... A,)-?o\""cl u,'c:-.. "~6
~(.lcYWW.M.,) f>. l,.,""-. to \"3. c..c ,
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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility With adjacent properties and other property in the district:
Compatible use within district
Yes~o_
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
DATE, 10 - /.,. de> 7 CHAIRMAN, ~o,).1J) ~
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
I. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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'ooise, glare, economic or
odor effects:
_ No affect or / Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V
No
Based on the above fmdings, this conditional use should, with stipulations, (copy
attached) (should not) be reco=ended for approval <text>.
MEMBER:
/-;; ~
DATE: /1J-/P.o7
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
Yes i 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 I- No
C. Affects neighboring properties in relation to noise, glare, economic or
odor effects:
-t. No affect or _Affect mitigated by <text>
_ 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, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
MEMBc-- -. 2 ~
DATE: I~ -If'f)?
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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 & egr/:
Yes_ No
C. Affects neighboring properties in relation to noise, glare, economic or
o::<:s:
_ No affect or _ Affect mitigated by <text>
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within distric/
Yes~ No
DATE:
/c;/~1o'7
I I '
Based on the above findings, this conditional use should, with stip
attached) (should not) be recommended for approval <text>.
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
YesV 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or
odor effects:
J..- No affect Of _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes V No
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for a~text>.
DATE: 1/1' <i / t) 1 MEMBER: ~__
.__.~--
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
A. Consistency with the Land Development Code and Growth Management
Plan:
Yes-K- 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 X No
C. Affects neighboring properties in relation to noise, glare, economic or
odor effects:
--.l!{ No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes L No
Based on the above findings, this conditional use sho d, with stipulations, (copy
attached) (should not) be recommended for approval text>.
DATE: ~ ~<?; ?wr
MEMBER:
(3I'll>V g(\).~~
Exhibit "F"
.'
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-11970
The following facts are found:
1. Section <text> of the Land Development Code authorizes 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 ~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 ingr7 egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use w~ district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be reconnended for approval <text>,
DAm 10 - (? ~:~,-- {Zf
Exhibit "F"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
I. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
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:
VNo affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
. Yes V'NO
Based on the above findings, this conditional use should, with stipulations, (copy
attached) (should not) be recommended for approval <text>.
DATE: /CJ!;f/tYI
I I
, 'tJ 1
MEMBER:^lt'-nd&..~ !'CU-'L, (~Ul.-t'-1V
Exhibit "F"