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Resolution 2012-109RESOLUTION NO. 12 -109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DENYING PETITION NUNBER RZ- PL20110001572 PERTAINING TO A REQUEST FOR A REZONE FROM A C -3 ZONING DISTRICT TO A C -5 ZONING DISTRICT FOR THE PROJECT KNOWN AS SSP ASSOCIATES, INC. REZONE LOCATED SOUTH OF TAMIAMI TRAIL EAST IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.75 +/- ACRES. 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, 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 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Petition Number RZ- PL20110001572, filed by Michael Fernandez, AICP, RA of Planning Development, Inc. representing SSP Associates, Inc., a Michigan corporation, with respect to the proposed SSP Associates, Inc. rezone, be and the same is hereby DENIED for an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation from a C -3 zoning district to a C -5 zoning district for the property hereinafter described in Exhibit A, attached hereto and incorporated herein by reference, for the reasons set forth in the record of the proceedings. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number RZ- PL20110001572 be recorded in the minutes of this Board. SSP Associates, Inc. Rezone \RZ- PL20110001572 1 of 2 This Resolution adopted upon motion, , request. Done this 12`h day of June, 2012. ATTEST: DWIGHT E. BROCK, CLERK 3 B At st - a ep �_erk IN s 1.9witure na x.., Approved as to form and legal sufficiency: tl'A ko(,) Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Legal Description 11- CPS - 01129/29 SSP Associates, Inc. Rezone \RZ- PL20 1 1 000 1 572 :• • 0 2of2 South Florida Surveying Inc. 2421 23rd Street S, W. Naples, Florida 34117 Phone: (239) 34:.1169 sfsinc @soulhfloridasurveying.com http: / /www,soulhfloridasurveying.com CERTIFICATE OF AUTHORIZATION JL.B7624 LEGAL DESCRIPTION AND SKETCH - NOT A BOUNDARY SURVEY A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4318, PAGE 459, OF THE PUBLIC RECORDS OF COLDER COUNTY. FLORIDA. LYING WITHIN SECTION 32, TOWNSHIP 50 SOUTH, COWER COUNTY, FLORIDA, BEING MORE PARTICU FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER C ACRES, AS RECORDED IN PLAT BOOK 3, PAGE 5 RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID PROLONGATION THEREOF, 410.00 FEET, TO THE F THE LAND HEREIN DESCRIBED: THENCE CONTINUE NORTH 50'56' EAST, 300 FEEI MATH A LINE RUNNING PARALLEL TO AND 150 FEI (AS MEASURED AT RIGHT ANGLES) THE CENTERU (U.S. HIGHWAY 41), AS SHOWN ON SAID PLAT; THENCE NORTH 39'04' WEST, ALONG SAID UNE 2 THENCE SOUTH 50'56' WEST, 300.00 FEET; THENCE SOUTH 39'04' EAST, 253.76 FEET, TO TF DESCRIBED LAND CONTAINS 76,128 SQUARE FEET REMAINDER OF LANDS DESCRIBED IN OFFICIAL RECC BOOK 4318, PAGE 459 — a.c-a.. 111\, &-j%.. nyI ij o�o - 120 0 so 120 �`' Ily (IN S') POINT OF COMMENCEMENT I Inch " 120 N_ SOUTHWESTERLY CORNER BLOCK 2, TRAIL ACRES PATH; Exhibit A