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Resolution 2005-433 RESOLUTION NO. 05- 433 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH EST ABLlSHED TilE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED AT 255 PRICE STREET IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RSF- 4(2.1) RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT TO ALLOW 15 SINGLE-FAMILY LOTS FOR A PROJECT KNOWN AS BRIANA BREEZE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statuks, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and sllch 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 b1fanting of rezoning requests; 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 a rezoning from the Agricultural (A) Zoning District to the Residential Single-Family [RSF-4(2.l)] Zoning District to allow development of 15 single-family lots in a project to be known as Briana Breeze for the property hereinafter described in Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have not 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 RZ-2005-AR-7276, filed by Tim Hall of Turrell & Associates, Inc., representing Southern Development Company, Inc., the property owner, with respect to the request to rezone from the Agricullural (A) Zoning District to the Residential Single-Family [RSF-4(2.1)) Zoning District to allow development of 15 single-family lots tor a project to be known as Briana Breeze, be and the same hereby is DENIED for the reasons set forth in the record of the proceedings before the Board of County Commmissioners. BE IT RESOLVED that this Resolution relating to Petition Number RZ-2005-AR-7276 be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this t3 Ii day of JJ a thH /J c/ . 2005. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,..""... . '-1 ^ W ~ BY: ~ . FRED W. COYLE, CHAIRM N bj(~rlr c~.,~^ .:. ',' J",.:',': ~~.{1J.J.'U.L. _ v.,~:''''.l..' ..~ ;:, .-'. "., ....,;.f - .".~""":,, . ,.~ ~ ."!lie'''~ '.. ' '~."''''I '1'i1 w." 'at'i( . .Plt~ 'l~'" '" '., " '!o._K. f~ A .' ~." . 'i 'br1. I _' ~~fL't, Legal Sufticiency, :''1':' -;: , ~~ !.(II,">'; ,: ft~ ~'<'" " '. ~,.' ,< <"....' ""'/ .-( " - S':' J r:'J \~'I ., -~ '" all' I or) ..fJtu "II. 1/./ - {)tl>tlf t~f Marjo~t M. Student-Stirling 0 Assistant County Attorney Attachment: Exhibit "A"-Legal Description Item I .&tL- Agendal ~-f~-I'\ Date ~ ,o~ Legal Description for Briana Breeze Rezone RZ-2005-AR-7276 Located in Section 4, Township 51., Range 26 east, the E ~ of the NE 1/4 of the NW 1/4 of the NW 14, Less the south 30 feet for right-of way on the south side, 4.90 acres. And Located in Section 4, Township 51, Range 26 east, the E ~ of the W ~ of the NE 1;4 of the NEl/4 ofNW 1;4 , less the south 30 feet for right-of-way, 2.39 acres. Exhibit" A"