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Resolution 1997-075 DEVELOPMENT ORDER '7- 2 RESOLUTION NUMBER 97- 75 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE, AMENDING THE DATE THAT THE DEVELOPMENT ORDER REMAINS IN EFFECT BY PROVIDING FOR ITS EXTENSION; 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 approved Development Order 84-1 as amended (the Development Order) on January 17, 1984. which approved a Development of Regional Impact (DRI) known as the Toll Gate Commercial Center; and WHEREAS, the Board of County Commissioners approved Resolution Number 92-222 and Resolution Number 92-100 which amended the Toll Gate Commercial Center Development Order, on April 7, 1997 and February 11, 1992 respectively; 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 Devil- opponent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of tne DRI property desire to extend the time that the development order remains in effect; and WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashy M. Papineau, Partner, Tollgate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and has held a public hearing on the petition on January 16, 1997; and Words underlined are additions; Words strlie][ tftrOlil!Jft are deletions. , tot.1l11 WI WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier county Planning Commission and has held a public hearing on the petition on February 11, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER That Section 7 of Development Order 84-1 as amended by Resolution 92-100 for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until Elullllller ~ ~ December 30. 2002. Any development activity wherein plans have been submitted to the county for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the Board of County commissioners on the finding of excusable delay in any proposed development activity" SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of this amendaent petition is legally described '\s set forth in Exhibit RAR, attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate C01Dlllercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendaent to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the county's departments and the SWFRPC. FEB 1 1 1997 F. The development is not in an area desiqnated 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 requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted state Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The prop6sed amendment to the previously approved Develop.ent Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER IS}. TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 shall reaain in full force and effect, binding in accordance with its teras on all parities thereto. This amended Develop.ent Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order 97-2 shall be trannitted blmediately upon execution to the Department of COlllllUllity Affairs, Bureau of Land and Water Management, and the Southwest Florida Reqional Planning Council. C. This Development Order shall take effect as provided by law. FEB 1 1 1997 BB IT rUKrnAK RESOLVED that this Resolution be recorded in the ainutes of this Board. Coaaissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by commissioner R......y and upon roll call, the vote was: AYBS: Commissioner Constantine, Commissioner Berry, Commissioner Norris, Commissioner Mac'~ie, and Commisisoner Hancock HAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 11 February day at , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " . ,,' ~ .' ';""'~'~~'''~RM AND LEGAL SUFFICIENCY: . . \.' .' -.... .. ,,'~)', :' ..," I" ~ ~ ,......."',:: ;\.~ ' ..{' f..., J.. . ...-,...\, ...... ",.:,' 't~:ll: \!..\..\~. -' '"7'llA...t:i4tua :J:}\~"" .(1 J 'e''''- JlARJClUB"'it""s~.u ENT ASSISTANT COUNTY ATTORNEY DOA-96-5/18743