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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 7/12/17 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 7/12/17 CP