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Resolution 2003-059 17E RESOLUTION 2003-.22.. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 96-04 ALSO KNOWN AS GARDEN WALK VILLAGE PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A POO AMENDMENT W AS NOT SUBMITTED PURSUANT TO RESOLUTION 2002- 283; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "GARDEN WALK VILLAGE" PUD, Ordinance 96-04 adopted on February 13, 1996, 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, 200 I; 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 9 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-283 on June 25, 2002 directed the property owner of the GARDEN WALK VILLAGE PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the GARDEN WALK VILLAGE PUD within the afore-mentioned six month time period; and WHEREAS, 92.7.3.4 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 if fully set forth herein. -1- 17E 2. The County staff has complied with the review requirements of LDC 9 2.7.3.4 as applicable to this property. 3. Pursuant to LDC 9 2.7.3.4 the GARDEN WALK VILLAGE 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 ,Q..~ ~ d'YOf~2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman . :,"----~ ~;:~~~"'\\i;1 . .AIUS1:,",. ~ r : --,I).WrGHT E. "B'RC;)Cj'!<\ Clerk :~~~st~i to ~~,~'I '$\glfJ.tQte~lJ.: : ", . '1 . ':....... .~~: ~. 'Ot .. .'~~ ' 'I . .' ',' i. ". . .~. : :1) .~ \.;' .... .. . '.. . ~. "~e~~ ,~r;."~- I ~ \~~~\.\~'''''' ,. Approved as to Form and Legal Sufficiency: ~it~ Assistant County Attorney GARDEN WALK VILLAGE PUD -2.