Resolution 1997-075
DEVELOPMENT ORDER '7- 2
RESOLUTION NUMBER 97- 75
A RESOLUTION AMENDING DEVELOPMENT ORDER
84-1, AS AMENDED, FOR THE TOLL GATE
COMMERCIAL CENTER DEVELOPMENT OF REGIONAL
IMPACT (DRI), BY PROVIDING FOR: SECTION
ONE, AMENDING THE DATE THAT THE
DEVELOPMENT ORDER REMAINS IN EFFECT BY
PROVIDING FOR ITS EXTENSION; SECTION TWO,
FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; SECTION FOUR, EFFECT
OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE:
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 84-1 as amended (the Development
Order) on January 17, 1984. which approved a Development of Regional
Impact (DRI) known as the Toll Gate Commercial Center; and
WHEREAS, the Board of County Commissioners approved Resolution
Number 92-222 and Resolution Number 92-100 which amended the Toll Gate
Commercial Center Development Order, on April 7, 1997 and February 11,
1992 respectively; 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 Devil-
opponent Order is legally described and set forth in Exhibit "A" to the
Development Order; and
WHEREAS, the owners of tne DRI property desire to extend the time
that the development order remains in effect; and
WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc.,
representing Ashy M. Papineau, Partner, Tollgate Commercial Center
Partnership, petitioned the Board of County Commissioners of Collier
County, Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
Regional Planning Council (SWFRPC) and has held a public hearing on the
petition on January 16, 1997; and
Words underlined are additions; Words strlie][ tftrOlil!Jft are deletions.
,
tot.1l11 WI
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
county Planning Commission and has held a public hearing on the
petition on February 11, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
That Section 7 of Development Order 84-1 as amended by Resolution
92-100 for the Toll Gate Commercial Center is hereby further amended to
read as follows:
That this Order shall remain in effect until
Elullllller ~ ~ December 30. 2002. Any
development activity wherein plans have been
submitted to the county for its review and approval
prior to the expiration date of this Order, may be
completed, if approved. This Order may be extended
by the Board of County commissioners on the finding
of excusable delay in any proposed development
activity"
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of this amendaent
petition is legally described '\s set forth in Exhibit RAR,
attached hereto and by reference made a part thereof.
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The development of Toll Gate C01Dlllercial Center on 100.24
acres of land is for commercial, industrial and residential
tourist uses.
D. The requested amendaent to the previously approved
Development Order is consistent with the report and review of
the SWFRPC.
E. A comprehensive review of the impact generated by the
requested amendment has been conducted by the county's
departments and the SWFRPC.
FEB 1 1 1997
F. The development is not in an area desiqnated 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 requested amendment
of
the previously approved
Development Order is consistent with the report and
recommendations of the SWFRPC.
B. The proposed amendment to the previously approved Development
Order will not unreasonably interfere with the achievement of
the objectives of the adopted state Land Development Plan
applicable to the area.
C.
The proposed
amendment to the previously approved
Development Order is consistent with the Collier County
Growth Management Plan and the Land Development Regulations
adopted pursuant thereto.
D. The prop6sed amendment to the previously approved Develop.ent
Order is consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER IS}.
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 84-1 shall reaain
in full force and effect, binding in accordance with its
teras on all parities thereto.
This amended Develop.ent
Order shall take precedence over all other applicable
previous and subsequent Development Orders which are in
conflict thereof.
B. Copies of this Development Order 97-2 shall be trannitted
blmediately upon execution to the Department of COlllllUllity
Affairs, Bureau of Land and Water Management, and the
Southwest Florida Reqional Planning Council.
C. This Development Order shall take effect as provided by law.
FEB 1 1 1997
BB IT rUKrnAK RESOLVED that this Resolution be recorded in the
ainutes of this Board.
Coaaissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
R......y and upon roll call, the vote was:
AYBS: Commissioner Constantine, Commissioner Berry, Commissioner Norris,
Commissioner Mac'~ie, and Commisisoner Hancock
HAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
11
February
day at
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ASSISTANT COUNTY ATTORNEY
DOA-96-5/18743