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Resolution 1987-228 --.--- SEP'laeER 29. 1987 RESOLUTION 81- 22B AMENDING SECTION VII OF DEVELOPMENT ORDER 77-1, FOR PELICAN BAY, BY PROVIDING THAT SIX AND ONE HALF ACRES WITHIN THE ~REA COMMERCIAL ZONE SHALL BE MJ'01: AVAILABLE FOR USE AS AN ATTRACTION/RECREATION FACILITY WH:EREAS, the Board of County Commissioners approved on April 19, 1977, Development Order 77-1, for the development knotm a:9 "Pelican Bay"; and WHSREAS, the Developer desires to designate a portion of tho commercial area in Pelican Bay for an attraotion/recreotion facili tv; and WHEREAS, Buch attraction/recreation feci 11 ty was contemplated to be allowed to b. constructed in the commercial area in both the A.D.A. and P.U.D. for Pelican Bay; and WHEREAS, the staff ot the Department of Communi:y Affairs has rel:ommended to tho Developer tha+. \..~e Developer should formally request the Board of County Comm.i.ssionerll to elllend sail' DE1velopment OJ:der to reflect the \.:'8431 :)t a portion of the commercial area for an attraction/recreation f~cility; and WHEREAS, th. propo.ed amendment is desirable so that attrcction/recreation is specified as an authorized use in the Developlllant Order in confor.mity with the attraction/recreation category of use recogniYoed by Chapter 380,' Florida Statutes: WHEREAS, the contemplated attraction/rp~reation facility has been determined by the Collier County Planning Directox' to be a ccmparable and compatible use pursuant to Secticln 10.02 of Collier County Ordinance 77-18 (the Pelican Bay PUD ~ocument), consequently a PUD amendment is not needed in conjunction lfith this Oevelopment Order amendment; WHEREAS, the Developer has lIubmitte'" an Anlendmnnt to the Developnent Order, which complies with the recommendction from the Department of Community Affairs; -1- .. - .. --.. ......--. "I .. .. SEF'I>>lBER 29, 1987 NOW, THEREFORE, the Board finds that the proposed amendment is not a sub'ltantial deviation pursuant to Chapter 380, Fll)rida Statutes, and IT IS RESOINED BY THE BOARD OF COUNTY (:OMMISSIONERS of CoLier County, Florida, that Section VII of Development OrdEtr 77-1 shall be amended as follows: VII. OTHER CONSIDERATIONS RECOMMENDATION ANY DRI-OEVELOPMENT ORDER ISSUED BY COLLiER COUNTY SHALL STlPULATE THAT THE APPLICANT MUST PROVIDE ^ PHASING PROGRAM SPECIFYING WHEN AND WHAT PORTIONS OF THE PROJECT SI1,'E ARE TO BE DEVELOPED (THE CONSTRUCTION OF HIGH, MEDIUM AND LOW DENSITY AREAS AND SINGLE-FAMILY; COHM"2:RCIAL/PROFESSIONAL OFFICE AREAS). ^ PHASING PROGRAM COULD BE INCLUDED BY THE COUNTY IN ITS PUD DOCUMENT. The Board of County Commissioners finds that the op9ration of tho "f:ree market- will dictate absorption and subsequent phasing of the development. The Boar.'" ill satisfied with the E1stimatlld absorption schedule, provided 8S Exhibit "I- ot the !'UD do::ument, as a reasonable esti:lIat~ of the rat.. of development of the Pelican Bay project. The phaSing/construction program for the Pelican Bay Development of Regional Impact (DRI) shall begin with development in the southealst portion of the project and will proceed northward in conjunction with the expansion of the utility and water manageml~nt systems, except that the nOl',thwest fill area (approxlmately 98 acres:) will be develop'Jd wi thin the time limits stated in the ~ppllcable permit. received for this fill area. Prior to the issuance of any bUilding/construction permits, each project pha.e shall be appoved by the Collier County Board Qf County Collllll!ssioners in accordance with local subdivision regulations and in consonanc''I with the PUD document appr1wed for the Pelican Day development. Approval of each phase shall indicate the dwelling units to be constructed within the high, medium, low density and single family areas, 10011; 108 P1(.[ 123 -2- ,",-,' ~' ;:\OK" lOR P1',t 12.1 SEPmf3ER 29. 1987 and development of the c'oJ.rdl.l)p~fes.lonel office ereas. Purnuant to Che~'ter 380, Florida statu!.!.!, attraction/recreation shell be authorized as a new categorI-2! use in P,!licr.ln Bay. Ux l\!2fl one-half (6.5) acres wi thin~ !.!.!.a cOl1llnercial zone shall be made .vailable for une .!.....!n attraction/recreation facility. Resolution adopted after motion, second an~ roll call vote follows: COIlUIi.sioner Goodnight Motioned and aye Conurissioner Piutox' Aye COIM!issioner Glass Aye Commissioner Saunders Seconded and aye Commissioner Hallse Aye Done thill 29th day of SeDtember 1987. --' , '.\ 1.~:r.8ST: .1 ,,<:-~ ....JAMBs'le. GILES, CLERK ~ ,~ ..... , .... ;. .\~ :,.,:. - t' ,0..;;. . ~':':' '7 ::; .' ~ " . By I . ~~~ -:; ...>.".. Vlrgin. )tagri, Depu Clerk . . .I~, '. ,...~ ~ r: \' \ .~ BOARD OF COUNTY COMMISSIONERS tbLLIER c::otnn'l', rtORIDA::J'", :,: I. . .~a ~ ~; JR.. CHAt APPROVED ~S TO FORM AND LEGAL sutFICIBNCY: ~~, u}D.~~ ~~DERSON ASSISTANT COUNTY ATTORNEY , I'" ~ v ~ ; :~ !, ' .{",...~ . PEilCA~ j~y RESOLUTION r,. IJC " ~{;',; f 1~1,;.r_~' {Jh :": r'i f i~ r.~ t, Wo~ds underlined ere deletions. " '( adc:Utlona; struck through are fJ;, ~ \. ~ .,j' ~ words .: '.1- ~,,;', iiIF:\ - -3- ... -- . ' I,