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Resolution 2006-037 RESOLUTION 06- -3L A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER PUDZ-2004-AR-6932, PERTAINING TO A REQUEST TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL (A) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) KNOWN AS SANDALWOOD RPUD, FOR PROPERTY CONSISTING OF 20.6ci ACRES, LOCATED SOUTH OF MEDITERRA PUD, EAST OF THE IMPERIAL GOLF ESTATES SUBDIVISION AND APPROXIMATELY Y:z MILE WEST OF LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DENYING THE REQUEST BY OPERATION OF LAW. WHEREAS, the Legislature of the State of Florida In Chapter 125, Florida Statutes, has conferred on all counties in Florida the pbwer 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. 04-4 I, as anlended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the establishment of Planned Unit Developments (PUD); and WHEREAS, the Board of County Commissioners, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described, and has not found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations for the reasons set forth in the record of the proceedings before the Board; and WHEREAS, all interested parties have been given 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 County Commissioners of Collier County, Florida, that: The petition, identified as PUDZ-2004-AR-6932, filed by Davidson Engineering, Inc. representing R and S Development of Florida, LLC, witl1 respect to the proposed Sandalwood RPUD be and tl1e same hereby is by operation of law DENIED for an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described. Page 1 of2 BE IT RESOLVED that this Resolution relating to Petition Number PUDZ-204-AR- 6932 be recorded in tl1e minutes oftl1is Board. This Resolution adopted based upon motion, second and majority vote to approve the subject request, which was not a sufficient super-majority vote, and thus, the request is considered denied by operation of law effective this date. Done this 14th day of Februarv ,2006. ATTEST:...", DWIGHT E BROON,d';ERK . ......<::.:.\.;\ .,1 . ,_"j:::. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~>~/ FRANK HALAS, CIIAIRMAN Approved as to form and legal sufficiency: Page 2 of2