Resolution 2004-310
RESOLUTION 04- 310
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DEVELOPMENT ORDER 04- ..QL
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING DEVELOPMENT
ORDER 85-5, AS AMENDED, FOR THE PINE AIR
LAKES DEVELOPMENT OF REGIONAL IMPACT
(DRI) BY PROVIDING FOR: SECTION ONE:
AMENDMENTS TO DEVELOPMENT ORDER TO
EXTEND THE TERMINATION DATE; SECTION
TWO: FINDINGS OF FACT; SECTION THREE:
CONCLUSIONS OF LAW; AND SECTION FOUR:
EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO
DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved Development
Order 85-5, which approved a Development of Regional Impact (DRI) known as Pine Air Lakes on
November 12, 1985;
WHEREAS, the Southwest Regional Planning Council appealed Development Order 85-5;
and
WHEREAS, the appeal was settled by the Board of County Commissioners adopting
Resolution 86-63, which amended the Pine Air Lakes Development Order, on April 15, 1986; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into and by
reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to the Development Order; and
WHEREAS, the appeal of Development Order 85-5 had the effect of extending the build out
date from November 12,1995, to April 15, 1996; and
WHEREAS, the Development Order was amended on May 10, 1994, by Resolution 94-349,
Development Order 94-2; and
WHEREAS, the owners of the DRI property are desirous of amending the Development
Order; and
WHEREAS, Richard Yovanovich of Goodlette, Coleman, and Johnson, P.A., representing
Naples Associates Limited Partnership has petitioned the Board of County Commissioners to further
amend the Pine Air Lakes Development Order; and
WHERREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held
a public hearing on the petition on October 2, 2004; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the reports of SWFRPC and the Collier County Planning Commission and held a public
hearing on Of/ '2,9/ of
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 3, the Future Resolution Section, of Development Order 85-5, as amended, is
amended to read as follows:
3. This Development Order's termination date shall terminate fOllrteen (11) years
and Sill (6) montHS from the date of the De'lelopment Order \'.as effeetivo (.'\pril 15,
~ +fie and the project buildout date shall be the same date as the Development
Order termination aate, that is which is October ~ 14,2005.
SECTION TWO: FINDINGS OF FACT
A. The application is in accordance with Subsection 380.06(19), Florida Statutes.
B. The applicant submitted Notification of Proposed Change to a Previously Approved
Development of Regional Impact (DR!) pursuant to Subsection 3 80.06( 19) Florida
Statutes, as composite Exhibit A, and by reference made a part hereof, to the extent
that it is not inconsistent with the terms and conditions of this Development Order.
C. The applicant proposes the development of Pine Air Lakes on 148.99 acres of ~and in
Collier County for residential, recreational and open space uses.
D. The proposed changes to the previously approved Development Order are consistent
with the report and recommendations ofSWFRPC.
E. A comprehensive review of the impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments
and the SWFRPC.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
constitute a substantial deviation pursuant to Subsection 380.06( 19), Florida Statutes.
The scope of the development to be permitted pursuant to this Developmenr Order
Amendment includes operations described in the Notification of Proposed Change to
a Previously Approved DRI, Exhibit A, attached hereto and by reference made a part
hereof.
B. The proposed changes to the previously approved Development Order are consistent
with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not unreasonably
interfere with the achievement of the objectives of the adopted State' Land
Development Plan applicable to the area.
D. The proposed changes to the previously approved development are consistent with
the Collier County Land Development Code adopted pursuant thereto.
E. The proposed changes to the previously approved development are consistent with
thc State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
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Except as amended hereby, Development Order 85-5, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto..
B. Copies of this Development Order Numbe~shall be transmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land anp Water
Management, and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted this ;. ~ of ,"Sol 11-1 ~ jot y, 2004,
,
after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COM!SSJONERS
COLLIER COUNTY, FLORIDA
By ~- ~f!c.
DONN FIALA, CHAIRMAN
.. . ~. .'..
Gi.
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Marjorie. . Student
Assistant County Attorney
DRI-200J-AR-5J J 7/RB/sp
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EXHIB IT "A77
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LEGAL DESCRIPTION
Lots t, 3 and 4, PINE AIR LAKES UNIT FOUR, according to the map or plat
thereof recorded in Plat Book 38, pages 51 to 53, inclusive, of the public records
of Collier County, Florida.
Tract A, PlNE Am. LAKES UNIT THREE, according to tbe map or plat thereof
recorded in Plat Book 38, pages 25 to 27, inclusive, of the public records of
CoWer County, Florida
Tract B, PINE AIR LAKES UNIT THREE, according to the map or plat thereof
recorded in Plat Book 38, pages 25 to 27, inclusive, of the public records of
Collier County, Florida.
Tract L 1, PINE AIR LAKES UNIT TWO, according to the map or plat thereof
recorded in Plat Book 32 pages 69 to 72, inclusive, of the public records of
Collier County, Florida.
Naples Boulevard as shown on the plat of PINE AIR LAKES UNIT ONE,
according to the map or plat thereof recorded in Plat Book 24, pages 98 to 101.
inclusive, of the public records ofeollier County, Florida.
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