Resolution 2006-158
RESOLUTION NO. 06-_ 158
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER
PUDA-05-AR-7858, SEEKING TO AMEND ORDINANCE NUMBER 80-
56, KNOWN AS THE PINEBROOK LAKE PLANNED UNIT
DEVELOPMENT (PUD), LOCATED IN COLLIER COUNTY, FLORIDA.
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 CPUD); 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
Pinebrook Lake PUD Document for the limited purpose of amending the PUD to remove
references to rental units, low cost provisions, and lease standards, and to update the ownership
to reflect the new owner, Abaco Bay Development, LLC, in the PUD Document for the property
hereinafter described, 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, including, but not
limited to, inconsistency with the goals, objectives, and policies of the Growth Management
Plan, applicant's assertions to the Board with respect to applicant's legal right to sell the rental
units, and the applicant's prior conduct in converting the rental units to condominiums and
selling the units without Board approval and prior to amending the PUD; 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:
For the reasons set forth above, Petition PUDA-2005-AR-7858, Abaco Bay
Development, LLC, applicant, represented by Clay Brooker, Cheffy Passidomo Wilson and
Johnson, LLP, and Laura Spurgeon of Johnson Engineering, Inc., with regard to the Pinebrook
Lake PUD is in all respects DENIED.
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BE IT RESOLVED that this Resolution relating to Petition Number PUDA-05-AR-7858
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and unanimous vote.
Done this dO*--- day of ~ ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Attert..,to. a-a'~JUty Clerk
~ i ar.,'!ttlrt on 1 It
By:
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FRANK HALAS, CHAIRMAN
Approved as to form and
lega sufficiency:
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