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CCPC Resolution 2017-02 (PDI-PL20160003463)INSTR 5413758 OR 5401 PG 3513 RECORDED 6/5/2017 1:11 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CCPC RESOLUTION NO. 17 — 02 A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION APPROVING AN INSUBSTANTIAL CHANGE TO PELICAN LAKE, A PLANNED UNIT DEVELOPMENT, TO CLARIFY THE MEASUREMENT OF ACTUAL HEIGHT OF THE ACCESSORY ENCLOSED UTILITY/STORAGE STRUCTURE IS FROM THE LOWER OF FINISHED FLOOR ELEVATION OF THE ENCLOSED UTILITY/STORAGE STRUCTURE OR TWELVE INCHES ABOVE THE FEMA FLOOD ELEVATION. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR -951) APPROXIMATELY 1/5 MILE SOUTH OF TAMIAMI TRAIL EAST (US 41), IN SECTION 15, TOWNSfUP--5,1 SOUTH, RANGE 26 EAST, COLLIER COUNTY-j",L P1,60003463j WHEREAS, the Legi conferred on all counties in ` business regulations as are rhe WHEREAS, the Chi `� IJ ; (Ordinance No. 04-41, as ended) v geographic divisions of the 6A10y; and WHEREAS, the CollieraG� County Commissioners to grant in Subsection 10.02.13.E.2 of the Land tate of Florida' 125, Florida Statutes, has to, establish, coo din' to and enforce zoning and such )r�ot�tn'if teblid; and kt th,`e;`ef0 hasji adopldd 1a Land Development Code ch' establishes regula"is for the zoning of particular Planning Cois authorized by the Board of hsUD Ordinances in accordance with ll�rt' ode; "and WHEREAS, the Collier County Planning Commission, being the duly appointed planning agency for the area hereby affected, has held a properly noticed public hearing and has considered the advisability of the requested insubstantial change to clarify the measurement of actual height of the accessory enclosed utility/storage structure is from the lower of finished floor elevation of the enclosed utility/storage structure or twelve inches above the FEMA flood elevation, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.02.13.E.2 of the Collier County Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: [17 -CPS -01656/1336764/1]58 6/2/17 Page 1 of 2 OR 5401 PG 3514 Petition No. PDI-PL20160003463 filed by Mark E. Adamczyk, Esq. of Adamczyk Law Firm, PLLC, on behalf of Pelican Lake Property Owners Association of Collier County, Inc., with respect to the property described in Ordinance No. 97-70, as amended, the Pelican Lake Planned Unit Development, be and the same is hereby approved to clarify the measurement of actual height of the accessory enclosed utility/storage structure is from the lower of finished floor elevation of the enclosed utility/storage structure or twelve inches above the FEMA flood elevation, and subject to the conditions of approval attached hereto as Exhibit A. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote on the 1st day of June, 2017. ATTEST: J4m�s French, Deputy Depa tmQ Growth Management Department Y d� Approved as to form and legality Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A — Conditions of Approval [17 -CPS -01656/1336764/1]58 6/2/17 COUNTY PLANNING COMMISSION COUNTY, FLORIDA w V Page 2 of 2 r��l *** OR 5401 PG 3515 *** EXHIBIT A Conditions of Approval 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4{ .vl^ to 0 q i R x p [17 -CPS -01656/1336757/1] 5/3/17 Words str-tiek thr-ough are deleted; words underlined are added.