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Resolution 2003-055 17E RESOLUTION 2003-2..? A RESOLUTION BY THE BOARD OF COUNTY COMMlSSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 84-71 & 92-62 ALSO KNOWN AS MICELI PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-288; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "MICELI" PUD, Ordinance 84-71 & 92-62 adopted on October 2, 1984 and September 1, 1992, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC ~ 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-288 on June 25, 2002 directed the property owner of the MICELI PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the MICELI PUD within the afore-mentioned six month time period; and WHEREAS, ~ 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: 1. The above Recitals are accepted as true and are adopted by reference as jf fully set forth herein. -1- 17E 2. The County staff has complied with the review requirements of LDC ~ 2.7.3.4 as applicable to this property. 3. Pursuant to LDC ~ 2.7.3.4 the MICELI PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this a ~~ d'YOf~ 200J. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman ........",.....,''''''\\\\\ --~ . . t.:.'l1"~',p \1~1 ~i'W:r;...:'.::.€:;, I,. ::~~:r.E. ~09~ 'Clerk ! ~.~, as' ta"th.:~~' s : signatv.re onlJ~ "': l "':., ., '~~:~~~L rJopu~"~Jerk.' '.~' .' . .' ( I \'. . ,,~ h" . _ . _ '\""', " Approved as to Form and Legal Sufficiency: ~~.~ Patrick G. White Assistant County Attorney MICELI PUD -2-