Resolution 2009-269/DO#09-01
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 IMP ACT ("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 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 '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 ofSWFRPC 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 rcad as follows:
4. The applicant or its successor(s) in title to thc subject property shall submit
a report biannually bienniallv, 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 rcport shall contain the information rcquired in Section
9J-2.025(7), Florida Administrative Codc.
This report shall be prepared in
accordancc with the "DRI Monitoring Format", as may be amended, provided by
the SWFRPC. Failure to submit the bianmtal 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. Copics 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,
TRANSMITT AL TO DCA AND EFFECTIVE DATE
I. Except as amended hercby, Dcvelopment Order No. 90-03, as amended, shall remain
in full forcc and effect, binding in accordance with its terms on all parties thereto. This amended
Development Order shall takc precedcnce over any of the applicable provisions of previous
development orders which arc in cont1ict therewith.
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2. Copies of this Development Order (Rcsolution) 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 cffect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be rccordcd in the minutes of this
Board.
If,fi.. j\ I I
This Resolution adopted this ~ day of V C (, (, )) .l'\ I , 2009, after motion,
second, and majority votc.
ATTEST:
DWIGHT E. BROCK, CLERK
~~~k
lttHt .... tc '''l\<i~~y ,Clerk
11 ~.h.,'~ .'~"
BOARD OF COUNTY COMMISSIONERS
COLL~7~ COUNTY, FLORIDA
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BY:
DONNA FIALA. CHAIRMAN
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Approved as to form
and legaI'sufficiency:
qirl' l{ 10
Heidi shton-Cicko
Assistant County Attorney
09~CPS-00981/3iHF AC 9-] 6-09
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