Resolution 2017-142 RESOLUTION NO. 17—142
A RESOLUTION DENYING PETITION ADA-PL20170002165,
WHICH APPEALED THE ADMINISTRATIVE APPROVAL OF
THE SITE DEVELOPMENT PLAN AMENDMENT SDPA-
PL20160002242 FOR KALEA BAY AKA KINSALE
CONDOMINIUM PHASES 2-6 ON PROPERTY LOCATED AT
THE NORTHWEST AND NORTHEAST CORNERS OF
WIGGINS PASS ROAD AND VANDERBILT DRIVE IN
SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH AND
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 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; and
WHEREAS, on May 11, 2017, Site Development Plan Amendment SDPA-
PL20160002242 for Kalea Bay aka Kinsale Condominium Phases II-VI was issued an approval
letter by the Growth Management Department regarding buildings two, three and five for a total
of 342 units, known as Kalea Bay, Phase two, with building four identified as future phase
requiring a separate SDPA for approval of the 128 residential units remaining for development.
This SPDA amended the SDP identified as AR-5284 Kinsale Condominium Phase II-VI noted
above; and
WHEREAS, Ralf Brookes, Esq., representing Judith S. Palay on behalf of Cocohatchee
Bay Neighborhood Communities, filed Petition ADA-PL20160002324 on June 7, 2017, which
appealed the administrative approval of the Site Development Plan Amendment SDPA-
PL20160002242; and
WHEREAS, on July 11, 2017, the Board of County Commissioners, acting as the Board
of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition ADA-
PL20170002165; and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number ADA-PL20170002165, filed by Ralf Brookes, Esq., on behalf of Judith
S. Palay representing Cocohatchee Bay Neighborhood Communities, is hereby DENIED in
[17-CPS-01684/1350479/1196
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accordance with the record of the proceedings of the public hearing held before the Board of
County Commissioners, acting as the Board of Zoning Appeals, on July 11, 2017.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion, second and majority vote this 11th
day of July, 2017.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK.;CLERK COLLI :Ai) TY, FLORIDA
By: K , _.. ►' By:
Attest as to Chairman's De u utyllho PENN AYLOR, rwoman
signature only.
Approved as to form and legality:
Jt 1u
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
[17-CPS-01684/1350479/1196
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CP