Resolution 1995-070
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RESOLUTION 95--1Q
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USE "5" IN THE "RSF-5tl ZONING
DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49
SOUTH, RANGE 25 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 publici 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 "5" of
Section 2.2.4.3 in an "RSF-5" zone for cluster development on the
property hereinafter described, and has found as a matter of fact
(EXhibit "All) that satisfactory provision and arrangement has been m~.de
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 M. Michel Saadeh, representing Elite
Communities, Inc., with respect to the property hereinafter described
as:
Exhibit fiB" which is attached hereto and incorporated by
reference herein
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be and the same is hereby approved for Conditional Use "5" of section
2.2.4.3 of the "RSF-511 zoning district for cluster development in
accordance with the Conceptual Master Plan (Exhibit "e") and subject to
the following conditions:
a. The Current Planning Manager may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the
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 No. 91-102).
b. The minimum floor area of residential structures shall
be 1,000 square feet for one story residences and 1,200
square feet for any residence with more than one
habitable floor.
c.
Traffic control signing, marking and striping
conform to the requirements and guidelines of the
On Uniform Traffic Control Devices.
shall
Manual
d. Arterial level street lighting shall be installed at the
project entrance.
e. The project shall be subject to a fair share
contribution toward signalization of the intersection of
Airport Road and Bailey Lane. Any such signalization
shall be subject to a traffic signal warrant analysis
and shall be consistent with the County's Traffic Signal
Warrant Policy. Signals shall be owned, operated and
maintained by the County. Currently, signalization is
not contemplated and the County reserves the right of
median control on Airport Road so as to prohibit exiting
12ft turn maneuvers without any compensation to property
owners. Should conditions change such that a signal
system becomes warranted at the intersection of Bailey
Lane and Airport Road, the developer, or successor or
assigns, including any yet to be formed Homeowners'
Association, shall be responsible for such fair share
contribution toward the signal system.
f. The fi~al site plan shall make provision for accepting/
conveYlng roadway runoff such that there iE no
diminution of capacity as presently exists.
g. As each section with lots abutting on IIEII Estates Zoning
district qualifies for building permits, then the buffer
for that section shall be improved to satisfy an BO\:
capacity condition within one year of issuance of the
first certificate of Occupancy for a residence abutting
said contiguous lot line.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner
offered the foregoing
M",(""Ki~
Resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call, the vote was:
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NAYS:
AYES: Commissioner Mac'Kie, Commissioner Hancock, Commissioner Norris,
Commissioner Constantine and Commissioner Matthews
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
24th
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AT1'EST:
DWIGHT E.
0<:.'
j
BROCK;-~. CLERK
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ASSISTANT COUNTY ATTORNEY
CU-94-20 RESOLUTION/12824
day of
January
, 1995.
BOARD OF ZONING
COLLIER CO NTY,
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-20
The following facts are found:
1. Section 2.2.4.3.5 of the Land Devlopment
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
nois~, glare, economic or odor effects:
~ No affect or Affect mitigated by
- Affect cannot be mitigated
D. Compatibility with adjacent propertie~ 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
DATE:
//r/'h~
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CHAIRMAN:
FINDING OF FACT CHAIRMAN/md
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Exhibit "A"
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East 1/2 of the NE 1/4 of the SW 1/4 of the NE 1/4 of section
23, Township 49 South, Range 25 East, Collier County, FL,
less and except the north 305 feet thereof, and North 305
feet of the NW 1/4 of the NE 1/4 of the SW 1/4 of the NE 1/4
of Section 23, Township 49 South, Range 25 East, Collier
County, Florida.
SUBJECT TO
Access and utility easements over, along and across the South
30 feet and the West 30 feet thereof.
12855
Exhibit "B"
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Exhibit "e"
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