Resolution 2002-329
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DEVELOPMENT ORDER 02- 2
RESOLUTION NUMBER 02- l?Cl
A RESOLUTION AMENDING THE DEVELOPMENT ORDER 85-4, AS
AMENDED, OF THE PARKLANDS DEVELOPMENT OF REGIONAL
IMP ACT (DRI), BY PROVIDING FOR: SECTION ONE WHICH REFLECTS
AMENDMENTS TO THE DEVELOPMENT ORDER, IN PARTICULAR,
SECTION ONE A. WHICH REFLECTS REVISIONS TO PARAGRAPH 3, OF AN
UNTITLED SECTION OF THE DEVELOPMENT ORDER 85-4 EXTENDING THE
COMMENCEMENT DATE TO MARCH 11,2004; 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 (the Board) approved Development Order 85-4 (the Development Order)
on September 10, 1985, which approved a Development of Regional Impact (DRl)
known as the Parklands; 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 in the Development Order; and;
WHEREAS, the Parklands Development Order has been previously
amended several times and the owners are desirous of amending the Development
Order again; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and the recommendations of the Southwest Florida Regional
Planning Council (SWFRPC) and held a duly noticed public hearing to consider the
amendments to the Parklands Development Order on June 20, 2002; and
WHEREAS, the Board of County Commissioners has reviewed and
considered the report and recommendations of the SWFRPC and held a duly
noticed public hearing to consider these amendments to the Parklands Development
Order set forth herein on July 30, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. Paragraph 3, of an untitled Section ofthe Development Order 85-4, as
amended, for The Parklands DRI, is hereby amended to read as
follows:
The Development Order shall remain in effect for the duration of the
project. However, in the event that significant physical development
has not commenced by March 11, 200~ in Collier County,
development approval will terminate and this development order shall
no longer be effective. For the purposes of this requirement
"significant physical development" does not include roads, drainage or
landscaping but does include construction of buildings or installation
of utilities and facilities such as sewer and water lines. This time
period may be extended by the Board of County Commissioners upon
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Deletions are indicated by slrike threugil, additions are underlined.
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request by the Developer in the event that uncontrollable
circumstances delay the commencement of development.
SECTION TWO: FINDINGS OF FACT
A. The real property which is the subject of the ADA is legally
described as set forth in Exhibit "A." attached hereto and by
reference made a part hereof.
B. The application is in accordance with Section 380.06(19), Florida
Statutes.
C. The applicant submitted to the SWFRPC and the State of Florida
Department of Community Affairs (DCA), a Notice of Proposed
Change (NOPe) and the changes proposed were deemed not to be
substantial in nature.
D. The applicant proposes the development of the Parklands project on
642.2 acres of land in Collier County for residential, recreational and
open space uses.
E. The proposed changes to the previously approved development are
consistent with the report and recommendations of the SWFRPC.
F. The comprehensive review of the impact generated by the proposed
changes to the previously approved Development Order has been
conducted by Collier County and the SWFRPC, and determined not
to be substantial in nature.
G. The development is not in an area designated as an Area of Critical
State Concern pursuant to the provisions of Section 380.06, Florida
Statutes
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development
Order do not constitute a substantial deviation pursuant to Section
380.06(19), Florida Statutes. The scope of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Proposed Change to a
Previously Approved DRl, Exhibit "B", 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 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
Order are consistent with the Collier County Growth Management
Plan and the Collier County Land Development Code adopted
pursuant thereto.
E. The proposed changes to the previously approved Development
Order are consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER. TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended herein, Development Order 85-4, as previously
amended, shall remain in full force and effect, binding in
accordance with its terms on all parties thereto.
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Deletions are indicated by slrike thra\lga, additions are underlined.
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B. Copies of the Development Order 02-~ shall be transmitted
immediately upon execution to the Department of Community
Affairs, Bureau of Land and Water Management, and the SWFRPC.
C. The Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
DULY PASSED AND ADOPTED after motion, second and majority vote
this .30 ~ day of ~L- ~ ,2002.
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Marjori . Student
Assistant County Attorney
DOA-2002.AR.2028/RBIF
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08/16/02 08:07 FAX 9416436968 COLLIER CO COMMUNITY ~
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EXHlB\T" A"
Real Property Description
Parklands
Section 9, Township .18 South, Range 26 East, Collier County. Florida 644.78
acres more or less. I
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