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Resolution 2006-239 RESOLUTION NO. 06--239 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER PUDZ-2005-AR- 8833, PERTAINING TO A REQUEST FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT (BPUD) REZONE FROM RURAL AGRICULTURAL (A) AND CREEKSIDE COMMERCE PARK PUD FOR PROJECT KNOWN AS NAPLES DAIL Y NEWS BUSINESS PARK, PLANNED UNIT DEVELOPMENT (BPPUD), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 35.24 ACRES , DENYING THE REQUEST BY OPERATION OF LAW. 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Rezoning; 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 RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Petition PUDZ-2005-AR-8833, filed for Collier Publishing Company, Inc., DBA Naples Daily News, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Assoc., P.A., with respect to the proposed Naples Daily News rezone 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. 10F2 BE IT RESOLVED that this Resolution relating to Petition Number PUDZ-2005-AR- 8833 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 12th day of September , 2006. ATTEST: DWIGijT E. SROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .< b::'j;..~.. ~o.C-. Attest'., to ... rsClerk ~.1anltwrt on" Kp}1f'ovect as to fonn and . legal suffIciency: BY: FRA'iiif~~~ ~~.YI1.~-~ Marjo M. Student-S irling Assistant County Attorney PUDZ-2005-AR-8833 20F2