Resolution 2008-308
RESOLUTION 08- 308
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO
ADMINISTRATIVE APPEAL ADA-2008-AR-13529, DENYING
THE APPEAL OF THEODORE J. RAIA, JR., AND AFFIRMING
THE PREVIOUS APPROVAL OF SITE DEVELOPMENT
PLAN AMENDMENT (SDPA) AR-12644, FOR THE SUBJECT
PROPERTY LOCATED IN WATERPARK PLACE, PHASES III
AND IV, IN THE PELICAN BAY PLANNED UNIT
DEVELOPMENT, IN SECTION 4, TOWNSHIP 49 SOUTH,
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 Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, on June 19, 2008, the Collier County Board of County Commissioners
approved SDPA-AR-12644, an amendment to the Waterpark Place Site Development Plan,
pursuant to the existing Land Development Code and Growth Management Plan, and the Pelican
Bay Planned Unit Development Ordinance No. 2004-59; and
WHEREAS, Theodore J. Raia, Jr., filed Appeal No. ADA-2008-AR-13529 appealing the
approval ofSDPA-AR-12644 (the "Appeal"); and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
F or the reasons set forth in the record, the Board of Zoning Appeals affirms the approval
of SDPA-AR-12644, and Appeal No. ADA-2008-AR-13529 is hereby denied. The Board finds
that there was competent and substantial evidence to support the issuance of the final site
development plan approval.
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The Board of Zoning Appeals hereby further finds that the approval of SDPA-AR-12644
is consistent with the Collier County Land Development Code, the Pelican Bay Planned Unit
Development Ordinance No. 2004-59, and the Collier County Growth Management Plan.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote, this 15th day of
October, 2008.
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