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Resolution 2006-199 RESOLUTION 2006 - 199 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION lO.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 2002-47, KNOWN AS ASGM BUSINESS CENTER OF NAPLES POD, TOLLING THE PROGRESSION OF THE TIME LIMITS IN THE LDC FROM JANUARY '30, 2004, UNTIL THE APPLICANT OBTAINS A PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 2002-47, known as the ASGM Business Center of Naples POD ("POD"), adopted on October 8, 2002, is subject to the provisions of Section lO.02.13.D. of the Land Development Code ("LDC"), Time limits for approved PUD 's; and WHEREAS, the POD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined that the applicant diligently pursued obtaining its environmental permits and despite these actions, experienced delays beyond the control of the applicant. NOW, THEREFORE BE IT RESOL VED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. ofthe LDC. 3. Pursuant to said section of the LDC, the current PUD is tolled from the time limit requirements effective January 30, 2004, until the requested U.S. Army Corps of Engineers permit is issued. At such time as the permit is issued, the tolling will cease and the POD will remain open for development approvals for 20 months and eight days. The applicant will be required to meet the development thresholds established in LDC Section 10.02.13 .D.2 to avoid sunsetting after this time. 4. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote this 25th day of July, 2006. ,A TIEST: ~~~ At. s.t ..t,'tc Cti<11 ' Deputy Clerk I ~"'l +,. . r"I6dn S j :1, '"'., df ;,~ I:;~: 1I BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By ~~./ FRANK HALAS, CHAIRMAN