Backup Documents 11/10/2009 Item #17D
l?O
COLUER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To; Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.k'k.**.******._._**.__.'...'*_._*._._*'_"_'._""'"**..._.__*..._*...__*.._._,.........__.._._.
Originating DeptJ Div: CDES.lZonin2 Person: Kay Deselem, AICP ~ Date: 101"109
Petition No. (If none, give brief description): SE~PL2009- (026, HalstattJGrey Oaks
Petitioner; (Name & Address): Naples Grande Holdings LLC. 404 Citation Point, Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing betore
BCC
BZA
Other
Requested Hearing date:
November 10. 2009
Based on advertisement appearing 15 days Ix;fore hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
. Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: SE-PL2009-1026, A resolution to correct
a scrivener's error in Resolution Number 07.99 (Development Order 07-02), for the HalstaWGrey Oaks Development of
Regional Impact, to correct Paragraph 4 on page 3 that reads "biannually" (twice a year) instead of "biennially" (once
every two years), and to insert the proper dates on tbe blank spaces left for those dates. The subject property is located in
the northeast. southeast, and northwest quadrants of Airport-Pulling Road and Golden Cate Parkway, in Sections 24,
25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples , Florida.
Companion petition(s), ifany & proposed hearing date:
Does Petition Fee include advertising cost? Yes t\o If Yes. what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~'"J0)./~
9'ivision Administrator or Designee
/010" 1.9
~
List Attachments:
D1STRIBlJTlON INSTRUCTIONS
_For hearings before BCC or BZA: lnitiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copics:
County Manager agenda file: to
Requesting Division
Original Clerk's Offil.:e
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile.
******.....*....****.*****.*******.********..*********.*****..**..*****..*.*..*.....*.*..........*
FOR CLERK'S OFFICE USE ONLY: I I I,
Date Received: tf) /J-S Date o[Public hearing: Jlt10 !o.'JDa" ^dvertised:~-t09
17D
DEVELOPMENT ORDER NO. 09-_
RESOLUTION NO. 09-_
A RESOLUTION AMENDING RESOLUTION NUMBER 07-99
(DEVELOPMENT ORDER NUMBER 07-02), FOR THE GREY
OAKS DEVELOPMENT OF REGIONAL IMP ACT ("DRI") TO
CORRECT SCRIVENER'S ERRORS IN THE RECITALS AND
IN TIlE OPERATIVE SECTIONS OF THE RESOLUTION BY
FILLING IN BLANKS INADVERTENTLY LEFT DJ THE
RESOLUTION AND BY CHANGING THE WORD
'BIANNUAL' TO 'BIENNIAL.'
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
Number 90-292 (Development Order Number 90-3) which approved a Development of Regional
Impact (DRI) known as the Halstatt DRl (now known as Grey Oaks) on June 6, 1990; and
WHEREAS, the DR! Development Order has been subsequently amended several times;
and
WHEREAS, the Board of County Commissioners of Collier County most recently
amended the DRI by adopting Resolution Number 07-99 (Development Order Number 07-02) on
April 24, 2007; and
WHEREAS, following said action adopting Resolution Number 07-99, staff discovered
that blanks were left in the resolution that were not filled in with the appropriate information
prior to execution and recording of the resolution, and therefore constitutes a scrivener's error;
and
WHEREAS, staff further determined that the term 'biarmual' (meaning twice a year) as
used in Resolution Number 07-99 is incorrect, and should in fact have been spelled 'biermial'
(meaning once every two years), and therefore constitutes a scrivener's error.
SE-PL2009-1026 rev. 9-16-09 (2)
Words strode thrO\lgI:l are deleted; words underlined are added.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO THE RECITALS OF RESOLUTION NO. 07-99
The Recitals section of Resolution Number 07-99 (Development Order Number 07-02) is
hereby amended to read as follows:
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WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida Regional
Planning Council (SWFRI'C) and held a public hearing on the petition on
, 2QQ7 December 16, 2006; 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
, 2QQ7 Aoril 24. 2007;
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SECTION TWO: AMENDMENT TO SECTION ONE OF RESOLUTION NO. 07-99
Section One of Resolution Number 07.99 (Development Order Number 07-02) is hereby
amended to read as follows:
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E. Paragraph 4 of an untitled section of Resolution Number 90-292
(Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby
amended to read as follows:
4. The applicant or its succcssor(s) in title to the subject property shall submit
a report biannually bienniallv, commencing one year from the effective date of
SE-PL2009-1026 rev. 9-16-09 (2)
2
Words str\::lel: tMsugn are deleted; words underlined are added.
17D
this development order, to the Board of County Commissioners of Collier County,
the Southwest Florida Regional Planning Council, and the Department of
Community Affairs. This report shall contain the information required in Section
9J-2.025(7), Florida Administrative Code. This report shall be prepared in
accordance with the "DR! Monitoring Format", as may be amended, provided by
the SWFRPC. Failure to submit the 'eiar.nlllll biennial report shall be governed
by Subsection 380.06(18), Florida Statutes.
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SECTION THREE: AMENDMENT TO SECTION FOUR OF RESOLUTION NO. 07-99
Section Four of Resolution Number 07-99 (Development Order Number 07-02) is hereby
amended to read as follows:
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2. Copies of this Development Order Number
07-02 (Resolution
Number
07-99) shall be transmitted immediately upon execution to the
Department of Community Affairs, Bureau of Land and Water Management, and
the Southwest Florida Regional Planning Council.
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SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
1. Except as amended hereby, Development Order No. 90-03, as amended, shall remain
in full force and effect, binding in accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over any of the applicable provisions of previous
development orders which are in conflict therewith.
SE-PL2009-1026 rev. 9-16.09 (2)
3
Words !itrnslc tflrsugh are deleted; words underlined are added.
17D
2. Copies of this Development Order (Resolution) shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
3. This Resolution 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 _ day of
, 2009. after motion,
second, and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
,Deputy Clerk
Approved as to form
and legal sufficiency:
~r<\ol-\
CA,\\\j
Heidi Ashton-Cicko
Assistant County Attorney
09-CPS-0098l/3IHFAC 9-16-09
SE-PL2009-1026 rev. 9-16-09 (2)
4
Words strnek th:eugh are deleted; words underlined are added.
170
17D
-
Acct #068779
October 16, 2009
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, FL 34102
Re: SE-PL2009-1026, Halstatt/Grey Oaks
Dear Legals:
Please advertise the above referenced petition on Sunday, October 25,
2009 and kindly send the Affidavit of Publication, in duplicate, together
with charges involved to this office.
Thank you
Sincerely,
Teresa Polaski,
Deputy Clerk
P.o. #4500096189
NOTICE OF INTENT TO CONSIDER RESOLUTION
17D
Notice is hereby given that on Tuesday, November 10, 2009 in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Resolution. The meeting will commence at 9:00 A.M. The title of the
proposed resolution is as follows:
A RESOLUTION AMENDING RESOLUTION NUMBER 07-99 (DEVELOPMENT ORDER
NUMBER 07-02), FOR GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (UDRI") TO
CORRECT SCRIVERNER'S ERRORS IN THE RECITALS AND IN THE OPERATIVE
SECTIONS OF THE RESOLUTION BY FILLING IN BLANKS INADVERTENTLY LEFT IN
THE RESOLUTION AND BY CHANGING THE WORD 'BIANNUAL' TO 'BIENNIAL'.
PETITION: SE-PL2009-1026,A resolution to correct a scrivener's error
in Resolution 07-99 (Development Order 07-02), for the Ha1stattjGrey
Oaks Development of Regional Impact, to correct Paragraph 4 on page 3
that reads -biannually. (twice a year) instead of -biennially. (once
every two years), and to insert the proper dates on the blank spaces
left for those dates. The subject property is located in the
northeast, southeast, and northwest quadrants of Airport-Pulling Road
and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South,
Range 25 East, Collier County and City of Naples, Florida.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is based.
17D
If you are a person with a disability who needs any accommodation In
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380;
assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
-"-_...._--~--~,--'"<---_..,--_..~--_._--_.~"'._..,_._.__.---.--
October 16, 2009
1et:m~}L or€Q,llier
CLERK OF THE t~RCtJIT COURT
COLLIER COUNTY,Coud[lOUSE
3301 TAMIAMI 1'~IL EAsT
P.O. BOX 4\3044 \
NAPLES, FLORlDA'4101-3~44
Ai, i
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,
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17D
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Naples Grande Holdings, LLC
404 Citation Point
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition
SE-PL2009-1026, HalstattlGrey Oaks
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, November 10, 2009, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, October 25, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
resa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
17D
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
SE-PL2009-1026, HalstatUGrey Oaks
Lega Is,
Please advertise the following on Sunday, October 2S, 2009. Thanks
~
SE-PL2009-to26. SE-PL2009-to26.
doc doc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Deportment
239-252-8411
239-252-8408 fox
(Teresa. Po laski@collierclerk.com)
Teresa L. Polaski
17 D '1"
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Friday, October 16, 2009 8:59 AM
Teresa L. Polaski
Delivery Stalus Nolificalion (Relay)
ATT26204.1xt; SE-PL2009-1026, Halstatt/Grey Oaks
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naDlesnews.com
1
l70 f!
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Friday, October 16, 2009 9:22 AM
Teresa L. Polaski
RE: SE-PL2009-1026, Halslatt/Grey Oaks
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@coilierclerk.com]
Posted At: Friday, October 16, 2009 8:59 AM
Posted To: Legals - NDN
Conversation: 5E-PL2009-1026, HalstattjGrey Oaks
Subject: 5E-PL2009-1026, HalstattjGrey Oaks
Legals,
Please advertise the following on Sunday, October 25, 2009. Thanks
<<SE-PL2009-1026.doc>> <<SE-PL2009-1026.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po lask;@coilierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
17n
Teresa L. Polaski
From:
Sent
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Sunday, October 25, 2009 12: 11 AM
Teresa L. Polaski
Thank you for placing your classified advertisement.
Ad # 1821653
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement
NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 10,
2009 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment ofa County
Resolution. The meeting will commence at 9:00 A.M. The title of the proposed resolution is as follows: A
RESOLUTION AMENDING RESOLUTION NUMBER 07-99 (DEVELOPMENT ORDER NUMBER 07-02),
FOR GREY OAKS DEVELOPMENT OF REGIONAL IMPACT ("DRI") TO CORRECT SCRIVERNER'S
ERRORS IN THE RECITALS AND IN THE OPERATIVE SECTIONS OF THE RESOLUTION BY
FILLING IN BLANKS INADVERTENTLY LEFT IN THE RESOLUTION AND BY CHANGING THE
WORD 'BIANNUAL' TO 'BIENNIAL'. PETITION: SE-PL20091026,A resolution to correct a scrivener's error
in Resolution 07-99 (Development Order 0702), for the Halstatt/Grey Oaks Development of Regional Impact,
to correct Paragraph 4 on page 3 that reads "biannually" (twice a year) instead of "biennially" (once every two
years), and to insert the proper dates on the blank spaces left for those dates. The subject property is located in
the northeast, southeast, and northwest quadrants of AirportPulling Road and Golden Gate Parkway, in Sections
24,25 and 26, Township 49 South, Range 25 East, Collier County and City of Naples, Florida. NOTE: All
persons wishing to speak on any agenda item must register with the County administrator prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection
of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to
have written or graphic materials included in the Board agenda packets must submit said material a minimum of
3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All material used in presentations before the Board will become a permanent part of the record. Any person
who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)2528380; assisted listening devices for the
hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK,
CLERK By: Teresa Polaski, Deputy Clerk (SEAL) October 25,2009 Nol821653
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
1
17D
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video/audio of your item.
To login to the New Ad Wizard use your e-mail address and existing password. Go to:
http://secure.adpav.com/adwizard login.aspx?I=15001566, if this link is inactive, cut and paste it into your
browser address window.
If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds.
2
Naples Daily News
Naples, FL 34102
Affidavit of publication
Naples Daily News
---~----------------------------------------------+----
3CC/ZONING DEPARTMENT
:LERK OF eIReD:T CRT
3_~ SCHNEEBE2GER
~, 0 BOX 413044
~~PLES F~ 34:[~
~E?ERENCE: 068779
P.C. #4500096189
NOTICE OF INTENT TO
59594152
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the I
Naples Daily News, a daily newspaper published at I
Naples, in Collier County, Florida: that the
attached copy of advertising was published in saidl
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, In said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/25 10/25
l?n
NOTICCOF,].~ .1 ~Qt,,,.JT.:( OC()N:SIDlR
-~.
Notice Is he~G"~"'tI'Iaton T~.
day, November,' Ji;the Board-
room, 3rd FloOr. m ntstretfon Build.
lng, COllier Couhf~ 'Government ceri-
ter, 1301 ~ T . fWlllI$,
Florida. the so' -~Is'
slonerswlll ~t
of a County miet1ng
will commen~Jhe tit"'
of the proposed s aslel-
lOWs:
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to ,presentation of the agenda item to
be addttlssed. Individual speakers
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prior to~~Spectlve public hearing.
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If you are a 'pwson with a disability
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FILED ON: 10/26/09 I
::~~~:~~:-::-~::::~:-~~--~---------+----i
Sworn to and Subscribed before me this).q +1... day of ()c.\"b-ev
Personally known by me
2 00'1
'm"~~~~'~~;-';-;" KAROL E KM. ~AS
g. .:i Notary Public. Slale of Florida
~" g! My Comm. Expires Ju129. 2013
......~:.~{jFf\cr........ Commission /I DO 912237
.,."".-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ?a
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board omcc. rhc completed routing slip and original
documents are to be 10rwarded to the Board omcc only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information nceded. If the document is already complete with the
exce tion of the Chainnan's si nature, draw a line thrall routin lines #1 thrau h #4, com tete the checklist, and forward 10 Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
1. Judy Puig CDES Administration
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
III /3/o':t
6. Minutes and Records
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Pilson. need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was 11/1 0109 Agenda Item Number 17.0.
Aooroved bv the BCC
Type of Document Resolution fXl ~;)toq Number of Original I
Attached Documents Attached
UV""I' t. "( - Cl
I.
,
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Omce and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines'
The document was approved by the BCC on November 10,2009, and all changes
made during the meeting have been incorporated in the ~Ittached document. The
Count Attorne 's Office has reviewed the chao Jes, if a Iicable.
Yes
(Initial)
X'D
N/A(Not
A Iicable)
2.
N/A
3.
X1J
4.
xv
5.
X1J
6.
xv
I: Formsl County Forms/ Bee Forms/ Original Documents Routing Slip WWS OriginaI9.0J,04, Revised 1,26.05. Revised 2,24.05
MEMORANDUM
Date
November 16, 2009
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-269: Grey Oaks DR!
Attached for your records please find one (1) copy of the document
referenced above, (Agenda Item #17D) adopted by the Board of County
Commissioners on Tuesday, November 10, 2009.
The Minutes and Records Department has retained the original for the
public record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (I)
17D
17D
DEVELOPMENT ORDER NO. 09_01
RESOLUTION NO. 09- 269
A RESOLUTION AMENDING RESOLUTION NUMBER 07-99
(DEVELOPMENT ORDER NUMBER 07-02), FOR THE GREY
OAKS DEVELOPMENT OF REGIONAL IMPACT ("DRI") TO
CORRECT SCRIVENER'S ERRORS IN THE RECITALS AND
IN THE OPERATIVE SECTIONS OF THE RESOLUTION BY
FILLING IN BLANKS INADVERTENTLY LEFT IN THE
RESOLUTION AND BY CHANGING THE WORD
'BIANNUAL' TO 'BIENNIAL.'
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
Number 90-292 (Development Order Number 90-3) which approved a Development of Regional
Impact (DRI) known as the Halstatt DRI (now known as Grey Oaks) on June 6, 1990; and
WHEREAS, the DRI Development Order has been subsequently amended several times;
and
WHEREAS, the Board of County Commissioners of Collier County most recently
amended the DRI by adopting Resolution Number 07-99 (Development Order Number 07-02) on
April 24, 2007; and
WHEREAS, following said action adopting Resolution Number 07-99, staff discovered
that blanks were left in the resolution that were not tilled in with the appropriate information
prior to execution and recording of the resolution, and therefore constitutes a scrivener's error;
and
WHEREAS, staff further determined that the term 'biannual' (meaning twice a year) as
used in Resolution Number 07-99 is incorrect, and should in fact have been spelled 'biennial'
(meaning once every two years), and therefore constitutes a scrivener's error.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO THE RECITALS OF RESOLUTION NO. 07-99
The Recitals section of Resolution Number 07-99 (Development Order Number 07-02) is
hereby amended to read as follows:
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WHEREAS, 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
,2007 December 16.2006; 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
, 2007 April 24, 2007;
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SECTION TWO: AMENDMENT TO SECTION ONE OF RESOLUTION NO. 07-99
Section One of Resolution Number 07-99 (Development Order Number 07-02) is hereby
amended to read as follows:
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E. Paragraph 4 of an untitled section of Resolution Number 90-292
(Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby
amended to read as follows:
4. The applicant or its successor(s) in title to the subject property shall submit
a report 13iaRflHally biennially, commencing one year from the effective date of
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this development order, to the Board of County Commissioners of Collier County,
the Southwest Florida Regional Planning Council, and the Department of
Community Affairs. This report shall contain the information required in Section
9J-2.025(7), Florida Administrative Code.
This report shall be prepared in
accordance with the "DR! Monitoring Format", as may be amended, provided by
the SWFRPC. Failure to submit the bimumal biennial report shall be governed
by Subsection 380.06(18), Florida Statutes.
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SECTION THREE: AMENDMENT TO SECTION FOUR OF RESOLUTION NO. 07-99
Section Four of Rcsolution Number 07-99 (Development Order Number 07-02) is hereby
amended to read as follows:
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2. Copies of this Development Order Number
07-02 (Resolution
Number
07-99) shall be transmitted immediately upon execution to the
Department of Community Affairs, Bureau of Land and Water Management, and
the Southwest Florida Regional Planning Council.
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SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
I. Except as amended hereby, Development Order No. 90-03, as amended, shall remain
in full force and effect, binding in accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over any of the applicable provisions of previous
development orders which are in conflict therewith.
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2. Copies of this Development Order (Resolution) shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
3. This Resolution 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 /Or"day of NC/,C,11!:}{ r' ,2009, after motion,
second, and majority vote.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLI~ COUNTY, FLORIDA
/i / / .
BY: f<h?-r>.IL ",;1t~.Jt
DONNA FIALA, CHAIRMAN
~~~k
Attest It to OI4=y perk
S lOftlt"",. ,);I"
Approved as to form
and h;gilt"sul'fldeflcy:
!}Xlh~~-tJ ( 10
Aii'"s;stant County Attornev
/ -.. '"
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V._ ~ '
09-CPS-00981/3/IIFAC 9-] 6-09
ltem# ~
~~:da H~q
l~
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