Resolution 2005-342
RESOLUTION NO. 05- 342
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA RELATING TO PETITION NUMBER
PUDZ-05-AR-7469, PERTAINING TO A REQUEST
TO CHANGE THE ZONING CLASSIFICATION OF
THE SUBJECT REAL PROPERTY FROM RURAL
AGRICUL TURE (A) TO MIXED USE PLANNED
UNIT DEVELOPMENT (MPUD) KNOWN AS
SONOMA OAKS MPUD, FOR PROPERTY
CONSISTING OF 37.5 ACRES, LOCATED ON THE
WEST SIDE OF COLLIER BOULEV ARD (CR 951),
APPROXIMA TEL Y Y4 MILE NORTH OF
VANDERBILT BEACH ROAD (CR 862), IN
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, DENYING
THE REQUEST BY OPERATION OF LAW.
I
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. 04-41, as amended) 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:
Petition PUDZ-05-AR-7469, filed for Richard and Frances Craig, and CDN
Properties, LLC, represented by Robert Mulhere, AICP, of RWA, Inc. and R. Bruce
Anderson, of Roetzel and Andress, with respect to the proposed Sonoma Oaks MPUD be and
the 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.
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BE IT RESOLVED that this Resolution relating to Petition Number PUDZ-05-AR-
7469 be recorded in the minutes of this 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 27th day of September ,2005.
A TTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK, COLLIER COUNTY, FLORIDA
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. .. .." BY: ~ W.
FRED W. COYLE, CH~
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_~GJ ,(M)6j,
Patrick G. White
Assistant County Attorney
PUDZ-05-AR-7469
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