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Resolution 2004-310 RESOLUTION 04- 310 8A 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 I I Words strllel( 1;hrslIgk are deleted; words underlined are added. Page I of 3 'I ,:! f8;J 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 Words strllel( th:'ol:lgh arc deleted; words underlined are added. Page 2 of3 '<<tI A. 8A 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. i/IU"~ U L dJ). .fill.,{ ~.t.trl:. Marjorie. . Student Assistant County Attorney DRI-200J-AR-5J J 7/RB/sp ltem# ~ 11 ~~7;da q.-a~-oy- ~:~d ID-f/1jf Words strllel( tflFelJgk are deleted; words underlined are added. Page 3 of3 .., EXHIB IT "A77 I 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. ~ ,. 8A