Resolution 2019-118 RESOLUTION NO. 2019— 1 1 8
A RESOLUTION APPROVING PETITION ADA-PL20190000305,
WHICH APPEALED THE ADMINISTRATIVE DENIAL OF THE
INSUBSTANTIAL SITE DEVELOPMENT PLAN AMENDMENT
SDPI-PL20180002049 FOR GATEWAY, FORMERLY KNOWN AS
TRIO, ON PROPERTY ZONED C-4/GTMUD-MXD AND
LOCATED AT THE EASTERN CORNER OF THE
INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI
TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE
25 EAST, IN 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 January 4, 2019, Insubstantial Site Development Plan Amendment SDPI-
PL20180002049 for Gateway (formerly known as Trio) was issued a denial letter by the Growth
Management Department for the reasons as set forth in the record; and
WHEREAS, Richard D. Yovanovich, Esq., representing London of Naples, Inc., filed
Petition ADA-PL20190000305, which appealed the administrative denial of SDPI-
PL20180002049; and
WHEREAS, on June 25, 2019, the Board of County Commissioners, acting as the Board
of Zoning Appeals (the Board), held a properly noticed public hearing to consider the appeal;
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-PL20190000305, the appeal filed by Richard D. Yovanovich,
Esq., representing London of Naples, Inc., is hereby GRANTED for the reasons set forth in the
record of the proceedings of the public hearing held before the Board of County Commissioners,
acting as the Board of Zoning Appeals, on June 25, 2019, and SDPI-PL20180002049 is hereby
remanded back to the Growth Management Department for approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
[19-CPS-01863/1484064/1]
This Resolution adopted by the Board after motion, second and majority vote this 25th
day of June, 2019.
A- '— BOARD OF ZONING APPEALS
CRYS. ' ",KINZgL,.,CLERK COLLIER C• �alik'
� ORIDA
�� OA
/ i . �s 1
Y p `
By: i• x sz Cf.— By: or ,111►
4 .,eputy Clerk WIL,/ AM L. MCDANIEL, JR., Chairman
ktetva7
_ ti
►etre-envoy y'
sig ��
Approved as to form and legality:
kl,, dt AD
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
[19-CPS-01863/1484064/1]