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Backup Documents 07/24/2012 Item # 8A
0 j PUDA-PL2010-1551 and 7/24/12 DOA-PL2010-1550 Parklands COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVER`f'ISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, June 29, 2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: fmplzoninz Person: Kay Dtscicm, Principal Planner Date: June 20, 2012 Petition Nos, PUDA-PL20100001551 and DOA-PL20100001550 — Parklands PUD and DRI amendments Petitioner: Kevin PUtterree; Parklands Associates 1, LLLP; 1600 Sawgrass Corp. Pkwy, Suite 40; Sunrise, FL 33323 Narne & Address of any person(s) to be notified by Clerk's office: Robert J. Mulbere FAICP; Mulhere & Associates, LLC; PO Box 1367; Marco Island, FL 34146; Robert L. Duane, AICP; Hole Mantes, Inc.; 950 Encore Way; Naples, FL 34110 and R. Bruce Anderson, Esquire; Roetzel & Andress, LPA; 950 Park Shore Drive; Naples, FL 34103 Hearing before: _ X— BCC N/A BZA N/A Other Requested [tearing date: Tuesday, July 24, 2012. Based on advertisement appearing 20 days before bearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost`' X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number- 4500096189; Account Number: 068779 Reviewed by: Divisio dministrato; or —DeS,91ce List Attachments: an Ordinance for the PUD and a Resolution for the DOA DISTRIBUTION INSTRUCTIONS e�l - *z1-• /9 " -- ---------- )ate For hearings before BCC or BZA- Initiating 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 copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERICS OFFICE�ArUONLY: nl Date Advertised: Date Received: Date of Public Hearing . ..... 8A Teresa L. Cannon From: DeselemKay <KayDeselem @colliergov.net> Sent: Tuesday, June 26, 2012 5:31 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Rodriguez, Wanda; Brock, MaryJo; Neet, Virginia Subject: Parklands PUD and DRI for 7/24/12 BCC Attachments: signed advertising request 6- 26- 12.pdf; title 6- 20- 12.docx; title 6- 20- 12.docx I have attached the signed form along with the titles for both the PUD and the DRI Amendments. I am unable to send the ordinance (PUD) and the resolution (DRI) because the PUD exceeds the size limitations. Thanks! Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239- 252 -6357 kaydeseletn 0collier oq v ne t Under E idea Law, era ~aii &ddre,,sf,'-,s afe or. lc records. if you do not 'vv t yw,r,r e mail address ,e,vased i°n respolnse to 4a pub,ic m'cerds request, do ncJ 'sendl .:aranh rrrlit[ to dais entity. €nsted, contact this office by telephone or in i3lartrj- 1 as Title PL20100001550 — Parklands: A Resolution amending Development Order No. 85 -4, as amended, for the Parklands Development of Regional Impact ( "DRI ") by providing for Section One: Amendments to the Development Order including amendments to the Findings of Fact section to reflect changes in acreages for various components of the project and removal of conversion table; reducing the number of dwelling units from 1,603 to 850; increasing the preserve area to 341 acres, deleting golf course as a permitted use and adding a buildout date; amendments to the Conclusions of Law section amending the following subsections: Education subsection to provide for dedication instead of donation of a school site; amendments to Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; amendments to the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; amendments to the Transportation subsection to reflect removal of proportionate share requirements for off -site road segments and removal of traffic monitoring report; removal of Wastewater Management subsection; amendments to Water Supply subsection to identify water supply; amendment to re- number the Leapfrog Development subsection; amendments to the General Considerations subsection to make minor language changes and change reporting to biennial; removal of the Water Management subsection; removal of the Environmental Considerations subsection; removal of the Transportation subsection; removal of the Utilities subsection; removal of the Mosquito Control subsection; Removal of Park and Open Space subsection; removal of exemptions to subdivision regulations; Section Two: Findings of Fact: extending the buildout date to January 22, 2026; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Orders and Transmittal to the Department of Community Affairs; and Providing for an Effective Date. The subject property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida. [COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD]. s � a DEVELOPMENT ORDER NO. 12- RESOLUTION NUMBER 12- A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341± ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22,2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page I of 31 Words str-tiek through are deleted; words underlined are added. EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION DOA- PL2010 -1550) WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, having .jurisdiction pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact (DRI) and under said authority did approve the Parklands DRI Development Order (DO) 85 -4 on September 10. 1985; and WHEREAS, the Board of County Commissioners approved amendments to DO 85 -4 on December 17, 1985, July 27, 1993, September 28. 1999. July 30, 2002, and September 9- 200' ), and WHEREAS, Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Applicant "), has filed an Application for a DRI Notice of Proposed Change (together with supporting documents, the "Application ") to the Parklands DO (the "Sixth Amendment'), together with a companion application to amend the Residential Planned Unit Development (RPUD) Document for the Parklands DRI: and WHEREAS, the Southwest Florida Regional Planning Council (SWFRPC) has reviewed and considered the proposed Sixth Amendment and found that such Sixth Amendment is not substantial in nature under the applicable provisions of Chapter 380.06, Florida Statutes; and Parklands DOA / P1,2010 -1550 Rev. 6/26/12 Page 2 of 31 Words strtiek '""^ "c'' are deleted; words underlined arc added. all WHEREAS, the Collier County Planning Commission (CCPC) has reviewed and considered the report and recommendations of the SWFRPC and held a duly noticed public hearing to consider the proposed Sixth Amendment on and WHEREAS. on . the Board of County Commissioners. at a duly noticed public hearing held in accordance with Section 380.06, Florida Statutes, considered the report and recommendations of the SWFRPC, the report and recommendations of the CCPC, the .Application and other documents submitted by the Applicant or Applicant's agent, and the comments upon the record made to this Board of County Commissioners at said meeting; and WHEREAS. on the Board of County Commissioners passed Ordinance , amending the RPUD Document for the Parklands DRI; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes. and the Collier County Land Development Code have been satisfied; and WHEREAS, the Board of County Commissioners has determined that the proposed revisions to the Parklands Development Order 85 -4, as amended, do not constitute a substantial deviation requiring further development of regional impact review. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER A. The Findings of Fact Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 1. That the real property which is the subject of' the proposed ADS —Sixth Amendment is legally described as set forth in Exhibit A.the Planne d Unit Parklands DOA I PL2010 -1550 Rev. 6/26/12 Page 3 of 31 Words sn ok thFaug# are deleted; words underlined are added. IM The Plar-kiands Development (4fdef 85 41 as amended so tha! the aFea is now 'L, d as fi it East, The east one half (E ',�) of Seetion 4, Township 49 Seu4h, Range 26 Lee The Aapplication is in accordance with Section, 380.06(b), Florida Statutes. The appiieant submitted to the-County an ADA and suffi 'ises known . The --h the ter-nis and eondiii-- of this Or-def Applicant submitted to the County the Application for the proposed Sixth Amendment along with a companion application to amend the Planned Unit Development Document for The Parklands Planned Unit Development. 4. The Aapplicant proposes the development of The Parklands Planned Unit Development for 642.3 635.2 acres; 4 850 residential (single family and multi - family) units on approximately 143.2 115 acres at a gross density of 2-5 1.32 units per acre, and a '*h the Conver-sion Table set for -th 4.eiwr -; recreation open space and preservation areas (approximately 434 466 a a including_ 341.2 acres of on -site site, a fifteen (15) acre school site. , central water and sewage facilities, and the required rights -of -way and /or roads (45.6 acres). The Ddevelopment is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statutes. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 4 of 31 Words strtlek thro gli are deleted; words underlined are added. b I a 0 6A_ 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the land development regulations of Collier County. B. Section A, Paragraph 2, Education, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DR] is hereby amended to read as follows: 2. EDUCATION: According to SWFRPC's estimates of students added by the Parklands to the school system and the cost for required school construction, SWFRPC recommends that the Aapplicant contribute a school site to one of the two school districts. This contribution is warranted by the need to make the project a more self - sufficient, self - standing community. The dedication of an on- site school site also would provide the project with a needed community center. Condition: A tit-teen (15) acre school site shall be donated- dedicated to the Collier County School Board, in accordance with the companion RPUD Document. If acceptable to the School Board, an alternative commitment may be substituted to meet this on -site dedication requirement, including dedication of an off-site location for a school. or payment in lieu thereof. C. Section A, Paragraph 4, Fire Protection, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. FIRE PROTECTION: , be needed. to Collier County, tThe proposed development is located within the North Naples Fire Control District_; minutes, North Naples Fii-e Chief-, james jenes. has stated that existing !if-e_ Parklands DOA / PL2010 -1550 Rev. 6126/12 Page 5 of 31 Words stniekt} are deleted; words underlined are added. • I Condition: The developer shall deflateifflake payments to the Nor"i i-ef�ei-enee made a paFt her-eeo approved by the North Naples Fire Gentfel Distfiet Board on August - 1995pay fire impact fees in accordance with the requirements of the Collier County Code of Ordinances. D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: FISCAL: The location of the project has caused several issues that would normally be of local concern to become regional in concern due to the need for the two counties to coordinate services. Part of the concern for coordination is for adequate financial resources to be available for funding the services. The fiscal impact analysis indicates that in the first year of the Lee County portion of the project. "The Parklands" will yield negative net fiscal impacts on both the Lee County Ggovernment and the S — school Iboard operating budgets. In the first three years of the Collier County poion of the development, the project will have a negative impact on the Collier County School Board. By the second year of the Lee County portion and each year thereafter, "The Parklands" will deliver a positive net fiscal impact on the operating budgets of Lee County Ggovemment and both counties' school boards. The impact on the Collier County Ggovernment, however, will be negative for all years. The Aapplicant will make commitments that will cause the project to yield a neutral or positive net fiscal impact. In Collier County, fiscal mitigation can be achieved by requiring the developer to not claim agricultural exemptions for undeveloped phases in the Collier County portion and to require the dedication of public facilities to serve the population within the project. Conditions: The Aapplicant has agreed to dedieate a par-k s4e to the Couni`, Of provide a fifteen acre a school site to the School Board, Parklands DOA 1 PL2010 -1550 Rev. 6/26/12 Page 6 of 31 Words strueli thi-ough are deleted; words underlined are added. r � Condition: The developer shall deflateifflake payments to the Nor"i i-ef�ei-enee made a paFt her-eeo approved by the North Naples Fire Gentfel Distfiet Board on August - 1995pay fire impact fees in accordance with the requirements of the Collier County Code of Ordinances. D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: FISCAL: The location of the project has caused several issues that would normally be of local concern to become regional in concern due to the need for the two counties to coordinate services. Part of the concern for coordination is for adequate financial resources to be available for funding the services. The fiscal impact analysis indicates that in the first year of the Lee County portion of the project. "The Parklands" will yield negative net fiscal impacts on both the Lee County Ggovernment and the S — school Iboard operating budgets. In the first three years of the Collier County poion of the development, the project will have a negative impact on the Collier County School Board. By the second year of the Lee County portion and each year thereafter, "The Parklands" will deliver a positive net fiscal impact on the operating budgets of Lee County Ggovemment and both counties' school boards. The impact on the Collier County Ggovernment, however, will be negative for all years. The Aapplicant will make commitments that will cause the project to yield a neutral or positive net fiscal impact. In Collier County, fiscal mitigation can be achieved by requiring the developer to not claim agricultural exemptions for undeveloped phases in the Collier County portion and to require the dedication of public facilities to serve the population within the project. Conditions: The Aapplicant has agreed to dedieate a par-k s4e to the Couni`, Of provide a fifteen acre a school site to the School Board, Parklands DOA 1 PL2010 -1550 Rev. 6/26/12 Page 6 of 31 Words strueli thi-ough are deleted; words underlined are added. or if acceptable to the School Board an alternative commitment may be substituted. I As set forth in and subject to the Developer's Contribution Agreement for the Parklands Applicant has agreed to provide required rights -of -way and construct Logan Boulevard North from its present terminus at the Olde Cypress development north through The Parklands RPUD and extending to Bonita Beach Road, will and, which once connected to Bonita Beach Road, will result in a regional transportation improvement. Construction of the Logan Boulevard Extensi North coupled with the applicable impact fee payments as set forth in the Developer's Contribution Agreement, will address the project's anticipated transportation impacts. All of these should mitigate the project's fiscal impacts. E. Section A, Paragraph 9, Transportation, of The Conclusions of Law Section of Development Order 85 -4. as amended, for the Parklands DRI is hereby amended to read as follows: 9. TRANSPORTATION: The Parklands DRI site is currently accessible OMY by a gravel road on the north border in Lee County and from the south via the partially improved Logan Boulevard �'�tensie nNorth from Immokalee Road. Development of the DRI will require paving and extension of Logan Boulevard North from its present terminus to the project entrance Although not necessary to mitigate the transportation impacts of The Parklands DRI the developer shall also pave and extend Logan Boulevard North from the project entrance to Bonita Beach Road subject to the terms of the Parklands Developer's Contribution Agreement to the Conditions: east, ealistf:tietion of aeeess reads to !he site 4am the ner-th and south. and r elf thk neetiment only if the eumulative weekday P.M. peak hour- ne; a_h The developer shall construct a two- )lane road, known as the Logan Boulevard Gwen North, extending from the present tenninus of Logan Boulevard at the Olde Cypress development and north through the Parklands RPUD connecting to Bonita Beach Road. The design .� d The roadway Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 7 of 31 Words strueli EtFOtwh are deleted: words underlined are added. A ! may be constructed based on one or more phases including, but not limited to the extension of Logan Boulevard North up to the proiect entrance as Phase I Phase II construction to Bonita Beach Road shall commence prior to receipt of certificates of occupancy for 35% of authorized dwelling units 297 units). if right of on/dedieation andier read eenstFuefion abligations whieh are imposed by this development or-def eannet be aeeomfnedated of Proposed Change pufstian; to Chapiei- 380.06, Flerida Statutes, shall be r-etnired. At the time that a subdivision plat or site develepmefi4 plan, as appheable, is i�equested fi)f any poi4ien of the Parklands DR! and, as a sult -Alf the the adopted level of ser-viee (LOS) standafd the appheant shall beeem obligated te pay its pfopei4ienate shafe of the eest of the total nts neeessafy to maintain the adopted LOS on the appheablee (I) immokalee Read ffem GR 951 to , ( ) r ► ► Road r n k► south aecess to Oaks Bl . (3) immokalee Read ftom Oaks Blvd. to Air-peft Read. (44 Pall ,,,,ds south a6eess road F D ri hmdsr of mrai=y to Parklands DOA / P1,2010 -1550 Rev. 6/26/12 Page 8 of 'I I Words struck througl3 are deleted; words underlined are added. • IF .... . ..... Parklands DOA / P1,2010 -1550 Rev. 6/26/12 Page 8 of 'I I Words struck througl3 are deleted; words underlined are added. [7:1 0 CR 951; Blvd. (2) immakalee Read and Legan FNten 4) immokalee Read and Oaks Blvd.; (4) immokalee Road n`ld r 1-75 (-S) T 1 1 Road d T igste n Read-, Parklands DOA / P1,2010-1550 Rev. 6/26/12 Page 9 of 31 Words stmek are deleted; words underlined are added. r r r t p a �!� _ r • ! t t Parklands DOA / P1,2010-1550 Rev. 6/26/12 Page 9 of 31 Words stmek are deleted; words underlined are added. r p a �!� _ r ! Parklands DOA / P1,2010-1550 Rev. 6/26/12 Page 9 of 31 Words stmek are deleted; words underlined are added. �J i i i Read a Oaks Blvd. County); (Collier Read > > - r 75 r —C v cir, ,, crd vrll rei ttCC �� immek-alee Read and - (64 b.13 The developer's satisfaction of its obligations under Section A.9 attd Seetion 9.3. of the Development Order. as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DR] continues to be vested for consistency and concurrency in accordance with Section 163.3167(8)(5), Florida Statutes, and is exempt from any transportation related moratoria. LTERNATIVES: a. Impact Fees and /or Assessments: If an impact fee and /or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or _RPUD Document. this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 10 of 31 Words stFuek thi-eugli are deleted; .3 -ords underlined are added. i b.13 The developer's satisfaction of its obligations under Section A.9 attd Seetion 9.3. of the Development Order. as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DR] continues to be vested for consistency and concurrency in accordance with Section 163.3167(8)(5), Florida Statutes, and is exempt from any transportation related moratoria. LTERNATIVES: a. Impact Fees and /or Assessments: If an impact fee and /or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or _RPUD Document. this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 10 of 31 Words stFuek thi-eugli are deleted; .3 -ords underlined are added. types of improvements (,state, Rregional or local) addressed by said impact fee and /or assessment. Any such payments made for said improvements prior to the adoption or enactment of an impact fee and /or assessment shall be credited toward the fees or assessment(s) imposed on the project. if an adopted impact fee /assessment does not address state roads impacted by this development, proportionate share payments shall be made for such roads regardless of the impact fee /assessment contribution. b. Other Alternatives: It is understood that the specific conditions listed above require commitments for payment from the developer and implicit commitments for construction from local and -Sstate agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by Estate agencies. Therefore, Collier County is allowed to provide alternatives to the above conditions when the alternatives mitigate regional roadway impacts. Should this alternative be pursued, Collier County shall solicit SWFRPC review of the alternatives prior to an amended Development Order being adopted. F. Section A, Paragraph 10, Wastewater Management, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: G. Section A, Paragraph 11, Water Supply, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 10 and amended to read as follows: 4-10. WATER SUPPLY: The developer will provide a 15' wide water main corridor through a western residential tract for a future connection to Quail West for Collier County to interconnect the project's internal water distribution system to Quail West, with the exact location to be determined by developer. The County will be responsible Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 1 1 of 31 Words st ueli difetigh are deleted, words underlined are added. 8 A 14 for extending, the main into Quail West making the connection and obtaining an easement in Quail West. a. the Collier- Ceunty peFtien to be served by—an ensite welffield M' E or-onsite wellfield, -roAi9 rawiag-ffem the T 7 o 1 Aquifef, to sen,e both the Lee County and Collief County per-6 a. detailed infoFmation be the time of , shall r-equifed at pefmit r-eseur-ee, ether- existing legal the . usefs, ef IF Mio" W-Mvii 0-100 - M- r C. Watef eenserving deviees shall be installed in all new eonst required by state law (Chapter- 553.14, F.S.). H. Section A, Paragraph 12, Leapfrog Development, of The Conclusions of Law Section of Development Order 85-4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 11 and amended to read as follows: 112. LEAPFROG DEVELOPMENT: The proposed project constitutes development in an area which is within the major growth areas of either Lee or Collier Counties. As such, the provision of services by local government will not involve an extra effort to reach this location. Condition: The project will be incorporated into an areawide MSTU or other appropriate funding mechanism for the provision of municipal services, if found to be necessary by either or both Collier County and Lee County as a funding source for the provision of community services. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 12 of 31 Words stmek-thfough are deleted; words underlined are added. Ll 1. Section A, Paragraph 13, General Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 12 and amended to read as follows: 123. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous commitments were made by the Aapplieant to mitigate project impacts. Many, but not all, of these commitments are listed in the staff assessment. Conditions: a. All cGommitments and impact- mitigating actions provided by the Aapplieant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific cGonditions for project approval outlined above are officially adopted as Gconditions for ap n roval. An amended Master Plan an * a ca., *�.Y ber- -"iris attached hereto as Exhibit H b. The developer shall submit an atal a biennial report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community AtTairs and all affected permit agencies as required in Subsection 380.06(l 8), Florida Statutes. J. Section B of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: K. Section B, Paragraph 1, Water Management, Lakes and Engineering of the Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: !_2"V,2 _ r Parklands DOA / Pt_2010 -1550 Rev. 6/26/12 Page 13 of') I Words ••-tie `"r-oug.1i are deleted; words underlined are added. e-. Prior- to final SDP appfoyal, Fight of shall be feqUiFed, as .114 NO ff, Lake Setbaeks 4, All take setbaeks shall be measured ffom !he lake maintena easefaefft, er_t�+st • h, r t. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 14 of 31 Words strueli thr-ough are deleted; words underlined are added. IN w�wre h, r t. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 14 of 31 Words strueli thr-ough are deleted; words underlined are added. • L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended. for the Parklands DRI is hereby deleted in its entirety: r ►. r r IN MUMEMN r � r NOT - MR Parklands DOA / P1,2010-1550 Rev. 6/26/12 Page 15 of 31 Words stfueli through are deleted. words underlined are added. All _eas —Ji3a — be— designated —ccs eot=csef-vation 0I Section 704.06. of Florida Statute-,. A Section B. Paragraph 3, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRt is hereby deleted in its entirety: �•� min s• level lighting be the entrance to the ail e;- Ai4eFial street development 4 shall pr-evided at ingress Said lighting points and egi-ess. :. All _eas —Ji3a — be— designated —ccs eot=csef-vation 0I Section 704.06. of Florida Statute-,. A Section B. Paragraph 3, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRt is hereby deleted in its entirety: �•� min s• level lighting be the entrance to the ail e;- Ai4eFial street development 4 shall pr-evided at ingress Said lighting points and egi-ess. if a gate is pi-oposed at any andAW all development enti;anee(s), the gate of gates shall be designed so as no! to eause vehieles to be baeked up onto 1,yll ';rind• ` ,� Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 16 of 31 Words StRI .t- OIFOijgh are deleted, words underlined are added. �• 1 PIK Parklands DOA / PI-2010 -1550 Rev. 6/26/12 Page 17 of 31 Words SIFUelt- through are deleted; words underlined are added. a . ... . .......... IA �r SOP appfeval shall be obtained pfiei- to devele ment of ally and all Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words simek through are deleted; words underlined are added. fi. IMIERM-mm M.M.— ■ - a a . ... . .......... IA �r SOP appfeval shall be obtained pfiei- to devele ment of ally and all Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words simek through are deleted; words underlined are added. s j • � r � r r • , e� r r. � r r • , N. Section I3, Paragraph 5, Utilities, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: t 4 44w;leT a. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words sti!tiek througli are deleted; words underlined are added. e� N. Section I3, Paragraph 5, Utilities, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: t 4 44w;leT a. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words sti!tiek througli are deleted; words underlined are added. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 20 of 31 Words stmek th+ -ougli are deleted; words underlined are added. MW Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 20 of 31 Words stmek th+ -ougli are deleted; words underlined are added. ... mw Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 21 of 31 Words stfuelrthm -ough are deleted; words underlined are added. m Main sewage lift statien and lbree main ifite c With tile -ftwilities ineludi , all atil:r r i imp connection with the County's r . f6eilities to the fflastef Patel— ! ...... t#e if}elu -- pfe�}eet, r i imp Parklands DOA. / P1,2010 -1550 Rev. 6/26/12 Page 22 of 31 Words st-ruck tlrottgh. are deleted; words underlined are added. osu► Parklands DOA. / P1,2010 -1550 Rev. 6/26/12 Page 22 of 31 Words st-ruck tlrottgh. are deleted; words underlined are added. wpm V.19mm Parklands DOA / PL2010 -1 550 Rev. 6/2-6/12 Page 23 of 31 Words stRieli thFO 9k are deleted; words underlined are added. Mul .• MM 4 wpm V.19mm Parklands DOA / PL2010 -1 550 Rev. 6/2-6/12 Page 23 of 31 Words stRieli thFO 9k are deleted; words underlined are added. Mul wpm V.19mm Parklands DOA / PL2010 -1 550 Rev. 6/2-6/12 Page 23 of 31 Words stRieli thFO 9k are deleted; words underlined are added. A 1 ILSOAMA- ACT Parklands DOA / PI.2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek ;T are deleted; words underlined are added. imm Edam- INN UIMMI NIM Parklands DOA / PI.2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek ;T are deleted; words underlined are added. imm Parklands DOA / PI.2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek ;T are deleted; words underlined are added. SA O. Section I3, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 6-. ntf 07 The developer. shall petition the MosquitO GOH401 Pisir-iet !a have4he-A4e P. Section B. Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 6/26/1' 2 Page 25 of 31 Words str-ilek through are deleted; words underlined are added. i Q. Section B. Paragraph 8, Exemptions to Subdivision Regulations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Y.. Exevnnti Ong .+«.f °eeala•*,..,... F blaHk Utility easing iflStallation shall be waived. WWII ■ a ATAIK a a a Parklands DOA / PI.2010 -1550 Rev. 6/26/12 Page 26 of 31 Words st+u^k throtigh are deleted, words underlined are added. [7J • •. R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended; for the Parklands DRI is hereby amended to read as follows: 4- All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. . Plan d nr Try n , dated 7 2-4 ion is 4 r, d her-et- - fefenee . or-ated herein as paFt of this amended development efdef. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. Phis Development Order shall remain in effect for the duration of the project. MEN= n R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended; for the Parklands DRI is hereby amended to read as follows: 4- All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. . Plan d nr Try n , dated 7 2-4 ion is 4 r, d her-et- - fefenee . or-ated herein as paFt of this amended development efdef. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. Phis Development Order shall remain in effect for the duration of the project. 4. The Aapplieant or its dieif successor(s) in title to the subject property shall submit a report biennially. commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 27 of 31 Words stMek 440kigh are deleted: words underlined are added. n , does inelude He! • b b but doe-, inekide eonsti:uefien of buildings of installation of 4. The Aapplieant or its dieif successor(s) in title to the subject property shall submit a report biennially. commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 27 of 31 Words stMek 440kigh are deleted: words underlined are added. • 1 i of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 913- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of Countv Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: a: A substantial deviation from the terms or cGonditions of this Qdcvelopment Oerder, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of' effectiveness of this Ddevelopment Oorder as provided herein. Upon a finding that either of' the above is present, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRi Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. "iThe approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Aapplicant to comply with all other applicable local or state permitting procedures. 7. The definitions contained in Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 8. This Order shall be binding upon the Ddeveloper, its assignees or successors in interest. 9. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Order which shall remain in full force and effect. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 28 of 31 Words °'•- ek thpough are deleted, words underlined are added. �• l • 1 1. This Resolution shall become effective as provided by law. 12. Certified copies of this Oerder are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council, 13. The buildout date for the Parklands DRI is established as January 22, 2026. SECTION TWO: FINDINGS OF FACT PERTAINING TO SIXTH AMENDMENT A. The approved land uses within the Parklands DRI are depicted on the Master Plan which is attached hereto as Exhibit H and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of the Parklands DRI on 642.3± acres of land shall include the land uses described in Development Order 85 -4, as amended. D. The proposed amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the proposed amendment has been conducted by the County departments and the Southwest Florida Regional Planning Council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. G. The I3uildout Date for the Parklands DRI shall be January 22 2026 based on the buildout date extensions and tolling; described below. A summary of the buildout date extensions and tolling is as follows: Buildout Original Development Order 85 -4 approved 9/10/85) 12/17/2007 • Development Order No. 93 -1 — 4 year extension 12/17/2011 • 2007 Extension — 3 vears 12/17/2014 380.06(19)(c) • 2010 Extension — 2 years 12/17,/2016 N0.060 9)(c), F.S. • 2011 Extension — 4 years 12/17/2020 380.06(19)(c,) F.S. Parklands DOA / PL.2010 -1550 Rev. 6/26/12 Page 29 of 31 Words stFULIk trough are deleted; words underlined are added. • Litigation Tolling Extension Period — 4 years 1 month and 6 days measured from June 1. 2006 challenge to permit (Army Corps of Engineers) ti issuance to July 6, 2010 settlement agreement. 01/23/2025 380.0609)(c), F.S. • 364 days This Development Order Amendment 1/22/2026 380.0609)(c) F.S. SECTION THREE: CONCLUSIONS OF LAW PERTAINING TO SIXTH AMENDMENT A. This Sixth Amendment of the previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 390.06(19), Florida Statutes. B. This Sixth 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. This Sixth Amendment to the previously approved Development Order is consistent with the Collier County Gro-v.Ngh Management Plan and the land development regulations adopted pursuant thereto. D. This Sixth Amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS. TRANSMITTAL, TO DCA. AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85 -4, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over other applicable previous Development Orders which are in conflict with it. B. Copies of the Development Order No.] 2- shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order 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 after motion, second and majority vote. Parklands DOA / PL2010 -1550 Rev. 6126/12 Page 30 of 31 Words StMek fhmu " are deleted; words underlined are added. Done this day of ATTEST: DWIGHT E. BROCK, CLERK BY: . Deputy Clerk Approved as to form and legal sufficiency: t� Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A -- Legal Description Exhibit H - Master Plan CV, I 1 -CPS- 01081171 i 8 , 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Parklands DOA / PL2010 -1550 Rev. 6/26/ 12 Page 31 of 31 Words StRiek NFOUgh are deleted; words underlined are added. EXHIBIT "A" LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. 6024300 � Fa !L a d CAk"NUS WHST HPD _-- DAIUCI.ANUS WHST KPU THRAPINA P.U.D, i LAND USE SUMMARY RESIDENTIAL (R) 114.86 AC. 17,91- OPEN SPACE RECREATION SITE (RS) 0.11 AC. 1,0%1 INTERNAL OPEN SPACE 6 BUFFERS (0818) 24.0* AC. 3.841 LAKESILAKE MAINTENANCE EASEMENTS (L) 88.8' AC. 13 51* PRESERVE (P) 341.21 AC. 53.14: LOOM 000LEVARO OPEN SPACEIBUFFERS (0818) 7.61 AC. 1.2%x SUBTOTAL OPEN SPACE 488.5: AC. 72.81* RIOHTS•OF -WAY COUNTY ( LOOM BOULEVARU NORTH ) 16.71 AC. 2.8%a INTERNAL 25.2* AC. 4.841 SCHOOL SITE (S) 15.0= AC, 2.34x TOTAL SITE AREA 042.2* AC. 100.01- LAND USE LEOENU R RESIDENTIAL RS RECREATION SITE OSIU OPEN SPACE/ BUFFERS L LANEI LAKE MAINTENANCE EASEMENT P PRESERVE S SCHOOL SITE r suu 6F'IO 9nn AiF IN FrrT ,': ;ALF . I" :1,w, LOCATION MAP ,1 NWI IFO IIYi n1411� M�1 PQ,/6RN D7l3Q1Il— BQQ E—. Way i(i37., w.lwra wT A1N a05l28)Q_ Nn wn.ftlulM LAEXHBUSE HAP {I '�'� 10047PUD 4664 -1 PARKLANDS P 4411110 kl C.Iili11 n1 WII eMpt qk lft— {23Q12bAm k k� k�F� nF mnx l n w4 F o14JIMwl 11 roln RQ,/OIiIL_., 0y/291Q FuiL.E A/ONTEB wur Jk CUrtlllpin vi ,I.ml _ nael --- aN 4.nd. Ffu1F nrwMn� kwT' N A,WRRV1 FRtl n -WW.kw N,If /2 ' "' } 2010 047 1 n 1 At '1 AT} MM Acct #068779 June 27, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA- PL2010 -1551 Parklands PUD and DOA- PL2010 -1550, Parklands DRI Dear Legals: Please advertise the above referenced notice on Wednesday, July 4, 2012 and send the Affidavit of Publication, in DUPLICATE, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500096189 8 NOTICE OF INTENT TO CONSIDER PETITIONS Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance and Resolution are as follows: PUDA- PL20100001551 - PARKLANDS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23 + /- ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34 + /- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550). DOA- PL20100001550 - PARKLANDS: A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341 ACRES, DELETING THE GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF - SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARK AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD). Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 3 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. 7J 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 3335 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) -off- Collier CLERK OF THE C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA June 27, 2012 R. Bruce Anderson, Esquire Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 RCIT COURT OUR HOUSE Clerk of Courts Accountant Auditor Custodian of County Funds 044 W01- RE: PUDA- PL2010 -1551 and DOA- PL2010 -1550: Parklands PUD and DRI Amendments Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK resa Cannon. Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk@collierclerk.com znt o �c�llier CLERK OF THE C- RC IT COURT S Q Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 44 Auditor }� Custodian of County Funds June 27, 2012 Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 RE: PUDA- PL2010 -1551 and DOA- PL2010 -1550: Parklands PUD and DRI Amendments Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C4er,sa Cannon, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk @collierclerk.com nt _off_ llier 8 A CLERK OF THE C RC IT COURT Dwight E. Brock COLLIER COUNTY OUR , OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E ST P.O. ccountant O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds June 27, 2012 Robert J. Mulhere, FAICP Mulhere & Associates, LLC P.O. Box 1367 Marco Island, FL 34146 RE: PUDA- PL2010 -1551 and DOA- PL2010 -155: Parklands PUD and DRI Amendments Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Cannon. Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com of-01lier 8 CLERK OF THE RCt AT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL EAST P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds June 27, 2012 Kevin Ratterree Parklands Associates I, LLLP 1600 Sawgrass Corp. Pkwy Suite #400 Sunrise, FL 33323 RE: PUDA- PL2010 -1551 and DOA- PL2010 -1550: Parklands PUD and DRI Amendments Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 24, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 3 � ai-� Teresa Cannon, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk@collierclerk.com ...y Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: PUDA- PL2010 -1551 and DOA- PL2010 -1550 Parklands Attachments: PUDA- PL2010 -1551 & DOA- PL2010- 1550.doc; PUDA- PL2010 -1551 & DOA - PL2010-1550.doc Legals, Please advertise the attached legal ad on Wednesday, July 4, 2012. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa. Cannon@collierclerk.com 7� Teresa L. Cannon From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, June 27, 2012 3:18 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASF3Ejpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/27/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 NOTICE OF INTENT TO CONSIDER PETITIONS Notice is hereby giver, that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3249 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting Will commence at 09:00 A.M. The tale of the proposed Ordinance and Resolution are as follows: PUDA 01.20100001551 - PARKLANDS. AN ORDINANCE OF THE BOARD OF COUNT( COMMISSIONERS O> COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-4 1, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE 'ZONING REGULATIONS FOR THE UNINCORPORATED AREA Of COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION Of THE HEREIN DESCRIBED REAL PROPERT r FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO 1.1E KNOWN AS THE PARKLANDS RPUD, TO CHANCE THE PUD FY REDUCING THE RESIDENTIAL n%Atc'I r wr_ ltmirc FRnnA tr03 DWELLING UNITS TO 850. RESIDENTIAL DWELLING uli i-mjrrRl r t.v..'a. ...-..t. - LINE IN SECTION % TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTV, FLORIDA, CONSISTING OF 642.34+1, ACRES; PROVIDING FOR REPEAL Of ORDINANCE NO. 03.42: AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550), DOA- PL20100001550- PARKLANDS: A RESOLUTION AMENDING DEVELOPMENT tRG-ER No. 85-4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT 47f REGIONAL IMPACT (DRI')I BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE. FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,6€13 TO 650; INCREASING THE PRESERVE AREA TO 34 ACRES, DE, -; FETING THE GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AIMENDMLNIS TO THE CONCLUStONS Of LAW SECTION Tn.. C+.'7nW1r)P FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AFALNVIVItn 15 IV FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION;, OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF-51TE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; r,er_r- Fiona• xFf/tCiL °AL OF *_F UTILITIES SUBSECTION; RF..MOVAL OF THE MQSQUI I U c_KJiN r Ki')L . UBSECTION; REMOVAL OF PARK AND OPEN SPACE SUBSECTION, REMOVAL OF 'XFMPTIONS TO SUBDIVISION REGULATIONS, SECTION TWO: FINDINGS OF 'FACT tXTFNDTNG THE 8UILDOUT DATE TO JANUARY 22, 2026, SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPC)RTUNIri. AND PROVIDING FOR AN EFFECTIVE. DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE- COLLIER LINE. IN SECTION tJ, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO, PUDA- PL20 100001 55 1: PARKLANDS PUD). Copies of the proposed Ordinance and Resolution are on file with the Clerk to :he Hoard and are available for inspection. loll interested parties are invited to attend and be heard. rJ'_%TE. Al Persons u�ish+nr� to speak on araS sclendrl item m�.tst'. reg is' ervvith the Countyy administrator ntrt to presentation ofthe agenda Item to kse aadressed. indlviduwl speakers v °III kre limited tc> 3 minutes can any item. The selectizan of an ndlvldual to speak on behalf off an organization or group is enCOUraged. If recognized b }'the Chairman, a spckeslaersnn tor,a '.'p or anon may be allotted TO minutes t©apeak nn an item= Persons vtishng to have written or graphic materials included in the Board agenda Packets must submiL said material a minimum of 3 vveeks prior to the respective public hearing In any case, written materials Intended to be considered by, he Board shall be submitted to the aPPtopr{ ate County staff a minimum of sever-n days poor to the public, hearing. All material used in presentations before the Board moll become a permanent part of the record, Any person who decides to appeal a der isirlrt of the Board quill need a rer of d of the proceedings pertaining thereto and therefore, may need to ensure that a w*atim ,.,.,d of the proceedings is made, which rerclrcl Includes the testitfaony 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.,. Plea<,ri contact the Collier County Fatalities Management Department, located at 3335 Tamiami Trail East, ,BUtiding W, Naples, Nor'ida 34112, (239), 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, 1ROARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa cannon, Deputy Clerk (SEAL) N o. 1954424 July 4, 2012 SA • 1 • Teresa L. Cannon From: DeselemKay <KayDeselem @colliergov.net> Sent: Thursday, June 28, 2012 8:50 AM To: Teresa L. Cannon Subject: RE: Ad Confirmation Looks fine to me. Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem colliergov.net - - -- Original Message---- - From: Teresa L. Cannon (mailto•Teresa Cannon2collierclerk.coml Sent: Wednesday, June 27, 2012 3:19 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Green, Amy (mailto•AGreen Naplesnews.coml Sent: Wednesday, June 27, 2012 3:18 PM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/27/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 8 Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, June 28, 2012 10:06 AM To: Teresa L. Cannon Cc: Williams, Steven; Ashton, Heidi; Bonham, Gail Subject: RE: Ad Confirmation Teresa Steve noted the following relating to the ad and the Resolution (2nd) title: 1st paragraph, last sentence should read the titles of the proposed ..." not title Line 7 should be 341 +/- acres ( +/- is missing) Line 8 "deleting golf course" not "deleting the golf course 9th line from bottom - removal of parks (missing the s) 5th line from bottom - the word Florida is not in the resolution title. According to Steve, these corrections are not critical this notice, but if you can correct them without too much hassle, please do. Dinny - - - -- Original Message---- - From: Teresa L. Cannon f mailto:Teresa Cannon @collierclerk.com] Sent: Thursday, June 28, 2012 9:13 AM To: NeetVirginia Subject: RE: Ad Confirmation Thanks - - - -- Original Message---- - From: NeetVirginia f mailto :VirginiaNeet @colliergov.netl Sent: Thursday, June 28, 2012 9:12 AM To: Teresa L. Cannon Cc: Rodriguez, Wanda; Williams, Steven; Ashton, Heidi Subject: RE: Ad Confirmation Teresa: I have forwarded the proof to Steve Williams for approval. Sorry for the delay, both Steve and Heidi were in separate mediations until yesterday evening. I will forward you the attorney's approval or comments shortly. Dinny - - -- Original Message---- - From: Teresa L. Cannon [ma i Ito:Te resa Cannon @col lierclerk.coml Sent: Thursday, June 28, 2012 8:46 AM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation 81% A l If I could get this ok'd today since I will not be here tomorrow. Thanks - - - -- Original Message---- - From: Teresa L. Cannon Sent: Wednesday, June 27, 2012 3:19 PM To: Neet, Virginia; Deselem, Kay Subject: FW: Ad Confirmation Please review - - - -- Original Message---- - From: Green, Amy (mailto•AGreen @Naplesnews.coml Sent: Wednesday, June 27, 2012 3:18 PM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/27/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskCcpcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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. Teresa L. Cannon To: Green, Amy Subject: RE: Ad Confirmation Attachments: PUDA- PL2010 -1551 & DOA- PL2010- 1550.doc Revised Edition, the County Attorney found some errors in the text. - - - -- Original Message---- - From: Green, Amy f mailto•AGreen Naplesnews.coml Sent: Wednesday, June 27, 2012 3:18 PM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/27/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 NOTICE OF INTENT TO CONSIDER PETITIONS Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows: PUDA- PL20100001551 - PARKLANDS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 + /- ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23 + /- ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34 + /- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550). DOA- PL20100001550 - PARKLANDS: A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341 + /- ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION A • INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF - SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD). Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 3 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. 8A 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 3335 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) m Teresa L. Cannon From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, June 28, 2012 10:27 AM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UAS123Bjpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/28/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 'V- . NOTICE OF INTENT TO CONSIDER PETITIONS A Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Flour. H Administration Building, Collier Count} Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners Aiill consider the enactrrtent of a County Ordinance and County Re:olwrtiorj. The meeting will commence at 9:60 A.M The Titles of the proposed Ordinance and Resolution are as follows: PUDA•PL20100001551 - PARKLANDS' AN ORDINANCE OF TI,E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004.41, AS AMENDED, TI-It COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAR OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNiT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO OF KNOWN AS THE PARKLANDS RPUD', TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL. DWELLING UNITS FROM 1603 DWELLi:NG UNITS To 850 RESIDEN'TIAI. DWELLING UNITS, INCREASING THE PRESERVE TO 341 +1 - ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING __ . _..,.,. I -... " � n nr'xinnn,rcnrT rnr)F AND F1IMINATING A 7.23 +k LEE -COLLIER LINE IN SECTION 9, TOWNSHIP 49 SOUTH; RANGE 25 EAST, COLLIE COUNTY, FLORIDA, CONS1SHNG Of 642.34 +1, ACRES; PROVIDING F-011 REPEAL OF ORDINANCE NO, 03.42; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550). r OA PL201000015`}0- PARKLANDS: A RESOWTIDN AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT( "DRI ') 0`-' PROb11DING FOR SEC71ON ONE: AMENDMFNTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM t,fiO3 To 850- INCREASING THE PRESERVE AREA TO 3,11 +f- ACRES, DELETING GOLF COURSE ASA PEgArrTED USE AND ADDING A BUiLDOUT GAIIE AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLbWIiNG SUBSECTIONS EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL. SITE; AMENDMENTS TO FIRE PROTECTION SU85ECTION TO REMOVE REQUIREMENT Of FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION Or A SEGMENT Or LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY- AMENDMENT'S TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PfiopomIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL Of TRAFFIC MONITORING REPORT,, REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY 'WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TOTHE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR nun r_i,nrc Xut ra cK Aran CHANCE REPORTING TO BIENNIAL; REMOVAL OF THE riCIY1VVHL �./r nric unru .+ SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS,; SECTION TWO: FINDINGS OF FACT: EXTENDING THE RUILDOUT DATE TO JANUARY 22. 2026: SECTION THREE; CONCLUSIONS i4 I L I EVELOPMEENORDERS AND TT RANSMTALL rO THE DEPARTMENT OFEC GNOMC. OPPORTUNITY,- AND PROVIDING FOR AN EFFECTIVE DATE. THE 50EUECf PROPERTY 15 LOCATED EAST' OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION ° TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA (COMPANION TO- PUDA- PL20100001551: PARKLANDS PUD) Copies of the proposed Ordinance and Resolution are on file vvdth the Clerk to the Board and are available for inspection. All interested parties are invited to attend aril be heard. NOTE All persohs wishing to sl)eak on any agenda item must register vvith the County administrator rior to presentation ortlte agenda item to be aadressed Itidivlcival speakers v+:ill be limited to 3 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 fora group or organization maybe allotted to minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets mr:st sUbmit said material a minimum of 3 weeks prior to the respective public hearing in any <ase, written materials intended to be considered by the award shall be submitted to the appropriate County stag a minimum of seven days prior to ;he public hearing. All trraterial used In piesentations before the Board will became a permanent part of the record. Any person who decides to appeal a decision of the Board vvilI need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatirn record of the praceedings Is made, which record includes the testimony and evidence upon wti.ch theaptleal 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 )ion, to the provision of certain assistance- Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Budding W, Naples, Florida 34112. (d39) 252.8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office: HOARD OF COUNT'S' COMMISSIONERS COLLIER COiJP•lT,t, FLORIDA: FRED S+?i'. COtiLE, CHAIRiv1AN DWIGHT E BROOK, CLERK By. Teresa Cannon, Deputy Clerk (SEAL) No: 195A424- Jul y 4. 2012 8A Teresa L. Cannon To: Green, Amy Subject: RE: Ad Confirmation Looks good, ok to run! Thanks - - - -- Original Message---- - From: Green, Amy (mailto•AGreen Naplesnews.coml Sent: Thursday, June 28, 2012 10:27 AM To: Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/28/12 Publication NDN Account Number 744102 Ad Number 1954424 Total Ad Cost $460.62 [7J From: Naples Daily News jmailto •naplesnews @clicknbuy.coml Sent: Tuesday, July 03, 2012 11:08 PM To: Martha S. Vergara FW: Ann P. Jennejohn <Ann.Jennejohn @collierclerk.com Subject: Thank you for placing your classified advertisement. Ad # 1954424 Thank you for placing your classified advertisement The following represents the current text of your advertisement NOTICE OF INTENT TO CONSIDER PETITIONS Notice is hereby given on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows: PUDA- PL20100001551 PARKLANDS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 + /ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23 + /ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34+ /ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; PROVIDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550) DOA- PL20100001550 PARKLANDS: RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ("DRI ") BY PROVIDING SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341 + /ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUZ DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUB SECTIONS:EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL Of THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTRO SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22,2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT Of PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHI. 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO: PUDA- PL20100001551 PARKLANDS PUD) Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 3 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 3335 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) July 4, 2012 No. 1954424 8A Naples Daily NE Naples, FL 341) r Affidavit of Publ: Naples Daily Nei; BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500096189 59693201 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, persona] appeared Barbara Boyer, says that she serveE the Sales Coordinator, of the Naples Daily T daily newspaper published at Naples, in Col] County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of advertise published in said newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mai matter at the post office in Naples, in said Collier County, Florida, for a period of 1 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 and discount, rebate, commission or refund for t purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 07/04 AD SPACE: 164 LINE FILED ON: 07/04/12 low Win M. NOTICE OF INTENT TO CONSIDER PETITIONS Notice is hereby given that on Tuesday, July 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows: PUDA- PL20100001551 - PARKLANDS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE .ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 + /- ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23+/ - ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF; 642.34v/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; AND PRgFDING AN EFFECTIVE DATE. (COMPANION TO PETITION DOA- PL20100001550). aar DOA- PL20100001550 - PARKLAN55Sy' ; A, RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED; FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN A"EAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING. THE NUMBER OF DWELLING UNITS FROM 1,603 TQy1NCREA51NG THE PRESERVE AREA TO 341+/ - ACRES, DELETING GOLF COURSE -AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO '- ,REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND; OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL, REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD). Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 3 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 3335 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Bye Teresa Cannon, Deputy Clerk , / l-012 Signature of Af f iant-` No 19542124 Sworn to and Subscribed befrre me day of 20�„ Personally known by me e`& nn4�Y P �h CAROL PAWLINSKI ;.: :: MY COMMISSION # EE 45538 °., P a EXPIRES: November 28, 2014 p' Bonded Thru Pkhard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIIF TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r %# A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE JO k:;.! a� 10P,�;O'Ld t,, th, Ti,_ <t'non n the itcl ;i ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I throush #4, complete the checklist_ and forward to Sue Filsnn dine #51 Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) % 2. July 24, 2012 Agenda Item Number 8.A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PA / PRIMARY CONTACT INFORMATION IC-Arh (The primary contact is the holder of the original document pending BCC 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 Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact a propriate. (Initial) Applicable) Agenda Date Item was July 24, 2012 Agenda Item Number 8.A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST I : Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a propriate. (Initial) Applicable) 1. 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, �fl resolutions, etc. signed by the County Attorney's Office 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 49 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the AD document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 40 signature and initials are required. 5. 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. 49 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC July 24, 2012 and all changes made during not the meeting have been incorporated in the attached document. The County 49 r6ti on for Attorney's Office has reviewed the changes, if applicable. I : Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 18A ,' MEMORANDUM Date July 31, 2012 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Resolution 2012- 138/DO No. 2012 -01 Attached for your records is a copy of the resolution referenced above (Item #8A) adopted by the Board of County Commissioners on Tuesday, July 24, 2012. Certified Copies have also been sent to the Department of Economic Opportunity, Bureau of Land and Water Management and SWFL Regional Planning Council. If you have any questions, please call me at 252 -8406. Thank you. Attachment ounfi .bf C�611ier CLERK OF THE C-IRC Dwight E. Brock COLLIER COUNTY OUI Clerk of Courts 3301 TAMIAMI IL P.O. BOX 4 3044 NAPLES, FLORIDA141 July 31, 2012 Mr. Daniel Trescott DRI Coordinator SWFL Regional Planning Council 1926 Victoria Avenue Ft. Myers, Florida 33901 T COURT OUSE ST Clerk of Courts Accountant Auditor Custodian of County Funds 8 A Re: Collier County Resolution 2012- 138/DO 2012 -01 Amending Parklands Development Order No. 85 -4 Dear Mr. Trescott: Transmitted herewith is a certified cony of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, July 24, 2012. Very truly yours, DWIGHT E. BROCK, CLERK a)JA - 0 - C . Ann Jennej o n, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk(a.,collierclerk.com of CLERK OF THE Q Dwight E. Brock COLLIER COUNTY,' Clerk of Courts 3301 TAMIAMI PO. BOX 4 NAPLES, FLORIDA July 31, 2012 Brenda Winningham, Comprehensive Planner Florida Department of Economic Opportunity Southwest Community Planning Team 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Collier County Resolution 2012- 138/DO No. 2012 -01 Amending Parklands Development Order No. 85 -4 Dear Ms. Winningham, Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday, July 24, 2012. Very truly yours, Db- 'Xt W�IGHT E. BROCK, CLERK . C Ann Jenn Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com A �. �c�111er 8 %1. TAT COURT )UR-f"OUSE kIL E�S Clerk of Courts 044 Accountant \T X4101 -3044 Auditor j I Custodian of County Funds Brenda Winningham, Comprehensive Planner Florida Department of Economic Opportunity Southwest Community Planning Team 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Collier County Resolution 2012- 138/DO No. 2012 -01 Amending Parklands Development Order No. 85 -4 Dear Ms. Winningham, Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday, July 24, 2012. Very truly yours, Db- 'Xt W�IGHT E. BROCK, CLERK . C Ann Jenn Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com i 8 DEVELOPMENT ORDER NO. 12- n 1 RESOLUTION NUMBER 12--13 8 A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341± ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 1 of 31 Words stmek thr-etigk are deleted; words underlined are added. 1 8 A 1-4 EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION DOA- PL2010 -1550) WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, having jurisdiction pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact (DRI) and under said authority did approve the Parklands DRI Development Order (DO) 85 -4 on September 10, 1985; and WHEREAS, the Board of County Commissioners approved amendments to DO 85 -4 on December 17, 1985, July 27, 1993, September 28, 1999, July 30, 2002, and September 9° 2003; and WHEREAS, Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Applicant "), has filed an Application for a DRI Notice of Proposed Change (together with supporting documents, the "Application ") to the Parklands DO (the "Sixth Amendment "), together with a companion application to amend the Residential Planned Unit Development (RPUD) Document for the Parklands DRI; and WHEREAS, the Southwest Florida Regional Planning Council (SWFRPC) has reviewed and considered the proposed Sixth Amendment and found that such Sixth Amendment is not substantial in nature under the applicable provisions of Chapter 380.06, Florida Statutes; and Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 2 of 31 Words stfusk thretigh are deleted; words underlined are added. P8A , WHEREAS, the Collier County Planning Commission (CCPC) has reviewed and considered the report and recommendations of the SWFRPC and held a duly noticed public hearing to consider the proposed Sixth Amendment on June 21, 2012; and WHEREAS, on July 24, 2012, the Board of County Commissioners, at a duly noticed public hearing held in accordance with Section 380.06, Florida Statutes, considered the report and recommendations of the SWFRPC, the report and recommendations of the CCPC, the Application and other documents submitted by the Applicant or Applicant's agent, and the comments upon the record made to this Board of County Commissioners at said meeting; and WHEREAS, on July 24, 2012, the Board of County Commissioners passed Ordinance 2012 -30, amending the RPUD Document for the Parklands DRI; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the Collier County Land Development Code have been satisfied; and WHEREAS, the Board of County Commissioners has determined that the proposed revisions to the Parklands Development Order 85 -4, as amended, do not constitute a substantial deviation requiring further development of regional impact review. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER A. The Findings of Fact Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 1. That the real property which is the subject of the posed ADA- -Sixth Amendment is legally described as set forth in Exhibit A.t h° Planned Unit i y amended iva the ptifpese of fedueing the area eever-ed by Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 3 of 31 Words str-tiek threegh are deleted; words underlined are added. • .. • 2. The Aapplication is in accordance with Section, 380.06(b), Florida Statutes. The applioant s b.mit4 °.7 to the (ve.,v,4<... A D A and s f; ninney responses L.-,o ,. as :4° Exhibit B b,< e f add 4_ of to the xt „ 4 4b, n4 and . « « rn m n r n« b.° « The Applicant submitted to the County the Application for the proposed Sixth Amendment along with a companion application to amend the Planned Unit Development Document for The Parklands Planned Unit Development. 4. The Aapplicant proposes the development of The Parklands Planned Unit Development for 642.3 635.2 acres; 4-,603 850 residential (single family and multi - family) units on approximately 143.2 115 acres at a gross density of 2-5 1.32 units per acre, and in aeeer-danee with the C ., T.,b,l° set f «4b, below; recreation open space and preservation areas (approximately 4.3-1 466.5 acres), including 341.2 acres of on -site preserve , — hieh il�elude -a-27 hole golf l 1 b, (appfoxima4ely 180 . es), a 7.23 n -e County Park site, a fifteen (15) acre school site, grounds and m tenanee f e T central water and sewage facilities, and the required rights -of -way and /or roads (45.6 acres). WIN Mrwr.I. 5. The Ddevelopment is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(l 1), Florida Statutes. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 4 of 31 Words stfuek thr-ough are deleted; words underlined are added. 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. 9. The development is consistent with the land development regulations of Collier County. B. Section A, Paragraph 2, Education, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 2. EDUCATION: According to SWFRPC's estimates of students added by the Parklands to the school system and the cost for required school construction, SWFRPC recommends that the Aapplicant contribute a school site to one of the two school districts. This contribution is warranted by the need to make the project a more self - sufficient, self - standing community. The dedication of an on- site school site also would provide the project with a needed community center. Condition: A fifteen (15) acre school site shall be donated dedicated to the Collier County School Board, per- eeffespendeftee per- a4taehed as Exhibit Gin accordance with the companion RPUD Document. If acceptable to the School Board, an alternative commitment may be substituted to meet this on -site dedication requirement, including dedication of an off -site location for a school, or payment in lieu thereof. C. Section A, Paragraph 4, Fire Protection, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. FIRE PROTECTION: The " eet is proposed as a single eemmunity. However, fire prateefiensefviees- are , laeated in v . ensufe that o o ovIUeu YYLLIIV L.LL .,d ly burdening o of the distr ets , t.mely nto both will Distfiets be needed. in Gollief Gee t-=, *The proposed development is located within the North Naples Fire Control District_; response time is- estimated -to require X0-13 minu4es. Nefth Naples Fire Chief-, james iones, has stated that existing Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 5 of 31 Words stnfek thfetigh are deleted; words underlined are added. S Condition: The developer shall donate/make eash paytnei4s to the Noi4h Naples Fire Gentfel Distfiet as per- agfeemei4 (Exhibit D, affaehed hereto and by r-efer-enee made a pat4 hereof) appr-eved by the Nei4h Naples Fire Control Pistr-ie4 BE)afd 15pay fire impact fees in accordance with the requirements of the Collier County Code of Ordinances. D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: FISCAL: The location of the project has caused several issues that would normally be of local concern to become regional in concern due to the need for the two counties to coordinate services. Part of the concern for coordination is for adequate financial resources to be available for funding the services. The fiscal impact analysis indicates that in the first year of the Lee County portion of the project, "The Parklands" will yield negative net fiscal impacts on both the Lee County Ggovernment and the Schhool board operating budgets. In the first three years of the Collier County portion of the development, the project will have a negative impact on the Collier County School Board. By the second year of the Lee County portion and each year thereafter, "The Parklands" will deliver a positive net fiscal impact on the operating budgets of Lee County Ggovernment and both counties' school boards. The impact on the Collier County Ggovernment, however, will be negative for all years. The Aapplicant will make commitments that will cause the project to yield a neutral or positive net fiscal impact. In Collier County, fiscal mitigation can be achieved by requiring the developer to not claim agricultural exemptions for undeveloped phases in the Collier County portion and to require the dedication of public facilities to serve the population within the proj ect. Conditions: The Aapplicant has agreed to dediea4e a park site to the Cetinty of payment in lieu *h provide a fifteen acre a school site to the School Board, Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 6 of 31 Words sHntsl thy-ough are deleted; words underlined are added. or if acceptable to the School Board an alternative commitment may be substituted. or payment in l;°„ the fee f donate money to the Fire Dist -iet n n ; As set forth in and subject to the Developer's Contribution Agreement for the Parklands, Applicant has agreed to provide required rights -of -way and construct Logan Boulevard North from its present terminus at the Olde Cypress development north through The Parklands RPUD and extending to Bonita Beach Road, Logan „ Beiile<,afd Extefis;,,<, 411 h- <,stfl,etea a4 ne est to the Gets t-Y and, which once connected to Bonita Beach Road, will result in a regional transportation improvement. Construction of the Logan Boulevard £xtens orth coupled with the applicable impact fee payments as set forth in the Developer's Contribution Agreement, will address the project's anticipated transportation impacts. All of these should mitigate the project's fiscal impacts. E. Section A, Paragraph 9, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 9. TRANSPORTATION: The Parklands DRI site is currently accessible epAy by a gravel road on the north border in Lee County and from the south via the partially improved Logan Boulevard €*ten4onNorth from Immokalee Road. Development of the DRI will require paving and extension of Logan Boulevard North from its present terminus to the project entrance. Although not necessary to mitigate transportation impacts of The Parklands DRI, the developer shall also pave and extend Logan Boulevard North from the project entrance to Bonita Beach Road subject to the terms of the Parklands Developer's Contribution Agreement to the south, Y'v <r'ioivi Gelfief County. Conditions: Z. The total net extemal pr-E�eet tfip gener-a4ion fate is limited te 1,056 vehiele trips dufing the weekday P.M. peak houf eandition. Single fami4y of this Deeement only if the euffittla4ive weekday P.M. peak hetif net external tfip geaefa4ion fate does not exeeed 1,056 vehiele tfips-. a_h The developer shall construct a two_ {}lane road, known as the Logan Boulevard Extension North, extending from the present terminus of Logan Boulevard at the Olde Cypress development and north through the Parklands RPUD connecting to Bonita Beach Road. The design and •as ze•.zs: �!, �s!f e!!, r:sV - �I�SSS• %SSA S!SSS!S�ISS�1�lt!�S S��SS �!S�S S! SCSI! ��S�S /�S�Sn���I���fi��!�SS��ISSp��SS ��SL. S��'�'l! Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 7 of 31 Words stniek through are deleted; words underlined are added. B.A. may be constructed based on one or more phases including, but not limited to, the extension of Logan Boulevard North up to the project entrance as Phase I. Phase II construction to Bonita Beach Road shall commence prior to receipt of certificates of occupancy for 35% of authorized dwelling units (297 units). (1) r„-.mok lee D.,.,.1 from GR 951 to Da «Llands' s „tb.., (2) 7.v.mok lee D...,.1 f .,,v, D.,,.M.,nds' aeeess to Oaks Blvd. Road. Pafklicnds boundafy to south (3) T„„V.ek lee Road F«.,m Oaks Blvd. to A;..poft ( ) PaAl tttds south -- aeeess road —zrl m b.,,,ti.ok lee foal, • _ �. •111. (1) r„-.mok lee D.,.,.1 from GR 951 to Da «Llands' s „tb.., (2) 7.v.mok lee D...,.1 f .,,v, D.,,.M.,nds' aeeess to Oaks Blvd. Road. Pafklicnds boundafy to south (3) T„„V.ek lee Road F«.,m Oaks Blvd. to A;..poft ( ) PaAl tttds south -- aeeess road —zrl m b.,,,ti.ok lee foal, • _ Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 8 of 31 Words strtlsk through are deleted; words underlined are added. • _ �. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 8 of 31 Words strtlsk through are deleted; words underlined are added. t BA.. (0 Immokalee Read GR 95 1; and ONITIMMUM, !7\ T k lee Road Logan T21.,.a. Extension; and n • M T,-.,m ok lee Oaks Bl.,.a Read . and (4) T.k,.v ok lee Cpl D.,a .,,,.1 1 75. , Tm.-.,ok lee D,,.,,1 Livingston Rend, a,-..7 C 6I Tm, ek lee A:,, Read Road; afid eft (74 South Aeeess Read rl T k lee Rea (Cell:o« !''.,,,,-,ty) FMINNFIFIMPHIM ONITIMMUM, „•• • • IM F09 Mrr. • MWIAMIN �- FORM p MW FMINNFIFIMPHIM ONITIMMUM, „•• • IM F09 Mrr. • MWIAMIN Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 9 of 31 Words st-ms1et}gk are deleted; words underlined are added. SA b.h The developer's satisfaction of its obligations under Section A.9 and Seetion 4 of the Development Order, as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DRI continues to be vested for consistency and concurrency in accordance with Section 163.3167(5)Q, Florida Statutes, and is exempt from any transportation related moratoria. ALTERNATIVES: a. Impact Fees and /or Assessments: If an impact fee and /or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or RPUD Document, this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 10 of 31 Words * tiek thFeugh are deleted; words underlined are added. dI MAIIIIIII S b.h The developer's satisfaction of its obligations under Section A.9 and Seetion 4 of the Development Order, as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DRI continues to be vested for consistency and concurrency in accordance with Section 163.3167(5)Q, Florida Statutes, and is exempt from any transportation related moratoria. ALTERNATIVES: a. Impact Fees and /or Assessments: If an impact fee and /or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or RPUD Document, this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 10 of 31 Words * tiek thFeugh are deleted; words underlined are added. MAIIIIIII b.h The developer's satisfaction of its obligations under Section A.9 and Seetion 4 of the Development Order, as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DRI continues to be vested for consistency and concurrency in accordance with Section 163.3167(5)Q, Florida Statutes, and is exempt from any transportation related moratoria. ALTERNATIVES: a. Impact Fees and /or Assessments: If an impact fee and /or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or RPUD Document, this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 10 of 31 Words * tiek thFeugh are deleted; words underlined are added. types of improvements (Estate, Rregional or local) addressed by said impact fee and /or assessment. Any such payments made for said improvements prior to the adoption or enactment of an impact fee and /or assessment shall be credited toward the fees or assessment(s) imposed on the project. If an adopted impact fee /assessment does not address state roads impacted by this development, proportionate share payments shall be made for such roads regardless of the impact fee /assessment contribution. b. Other Alternatives: It is understood that the specific conditions listed above require commitments for payment from the developer and implicit commitments for construction from local and $state agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by Estate agencies. Therefore, Collier County is allowed to provide alternatives to the above conditions when the alternatives mitigate regional roadway impacts. Should this alternative be pursued, Collier County shall solicit SWFRPC review of the alternatives prior to an amended Development Order being adopted. F. Section A, Paragraph 10, Wastewater Management, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: WASTEWATER MANA00 ponds has not beenTfevided-- G. Section A, Paragraph 11, Water Supply, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 10 and amended to read as follows: +10. WATER SUPPLY: The developer will provide a 15' wide water main corridor through a western residential tract for a future connection to Quail West for Collier County to interconnect the project's internal water distribution system to Quail West, with the exact location to be determined by developer. The County will be responsible Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 11 of 31 Words stfeek `h ough are deleted; words underlined are added. 8A for extending the main into Quail West making the connection and obtaining an easement in Quail West. withdrawing the T rixirr i Zone PAILIMA H. Section A, Paragraph 12, Leapfrog Development, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 11 and amended to read as follows: 11 -2. LEAPFROG DEVELOPMENT: The proposed project constitutes development in an area which is within the major growth areas of either Lee or Collier Counties. As such, the provision of services by local government will not involve an extra effort to reach this location. Condition: The project will be incorporated into an areawide MSTU or other appropriate funding mechanism for the provision of municipal services, if found to be necessary by either or both Collier County and Lee County as a funding source for the provision of community services. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 12 of 31 Words s4fueIj "augh are deleted; words underlined are added. may, 8 A I. Section A, Paragraph 13, General Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 12 and amended to read as follows: 12 -3. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous commitments were made by the Aapplicant to mitigate project impacts. Many, but not all, of these commitments are listed in the staff assessment. Conditions: a. All cGommitments and impact- mitigating actions provided by the Aapplicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific cGonditions for project approval outlined above are officially adopted as Gconditions for ap roval. An amended Master Plan ,a TTTI - D Tl..e,,Hw± and b a + a c ept m„er -q , 2003 is attached hereto as Exhibit H b. The developer shall submit an ampaal a biennial report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. J. Section B of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: MEET n, tic bw K. Section B, Paragraph 1, Water Management, Lakes and Engineering of the Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: �r Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 13 of 31 Words s+..., k thfough are deleted; words underlined are added. 1 g A "' E a e-ab 4, All lake setbaeks shall be meastir-ed ffom the lake mainlefiemee c. Parklands DOA / PL2010 -1550 Rev. 6/26/12 M - ON ^ M- ^ -M, - M M- 0' 1 M Page 14 of 31 Words stftiek thfough are deleted; words underlined are added. s t s L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words are deleted; words underlined are added. WIN- IgrMp WIN Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words are deleted; words underlined are added. WIN- IgrMp Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words are deleted; words underlined are added. 8A M. Section B, Paragraph 3, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 16 of 31 Words stfeek thr-e ^'' are deleted; words underlined are added. .,, ..• ., Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 16 of 31 Words stfeek thr-e ^'' are deleted; words underlined are added. • Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 17 of 31 Words str-eek thfough are deleted; words underlined are added. - '- MTHEMMUMM • ' - Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 17 of 31 Words str-eek thfough are deleted; words underlined are added. - '- MTHEMMUMM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 17 of 31 Words str-eek thfough are deleted; words underlined are added. 8A psi lilloilililmisillillmllilli • Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words stfuek thfieugh are deleted; words underlined are added. s � • . _ N. Section B, Paragraph 5, Utilities, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 5. Utilities; a. Water- e c , \G ii:ef County) Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words stftjejj `'"-etigh are deleted; words underlined are added. FaM . _ N. Section B, Paragraph 5, Utilities, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 5. Utilities; a. Water- e c , \G ii:ef County) Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words stftjejj `'"-etigh are deleted; words underlined are added. s 1 s N .A NEWHP ."Ins LIM III L-1 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 20 of 31 Words st k thre gh are deleted; words underlined are added. MORN pi III • IIII A N .A NEWHP ."Ins LIM III L-1 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 20 of 31 Words st k thre gh are deleted; words underlined are added. A 1 a Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 21 of 31 Words ' `hr -oug" are deleted; words underlined are added. iiiiiiiiiiiiiiiiiiiiiillillililI IF 111 !1 Ell IN I pw Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 21 of 31 Words ' `hr -oug" are deleted; words underlined are added. 8A'� Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 22 of 31 Words stm ' thr-ou h are deleted; words underlined are added. 0. HOW UNION Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 22 of 31 Words stm ' thr-ou h are deleted; words underlined are added. EL Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stmek thfoug" are deleted; words underlined are added. Mu- ... Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stmek thfoug" are deleted; words underlined are added. 8 A a Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek thfau` h are deleted; words underlined are added. � . illil�MMiii X71 OWN- HIM MOV-2 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek thfau` h are deleted; words underlined are added. WHIM 11 LWOUA FEW MM HIM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek thfau` h are deleted; words underlined are added. WHIM 11 LWOUA Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words stniek thfau` h are deleted; words underlined are added. A O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 25 of 31 Words stfuek through are deleted; words underlined are added. NoMr AOL- s us X O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 25 of 31 Words stfuek through are deleted; words underlined are added. 0 7J aaaa Q. Section B, Paragraph 8, Exemptions to Subdivision Regulations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: _. MAWS - _ . '. E LDC-1 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 26 of 31 Words stfeek three gh are deleted; words underlined are added. .M Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 26 of 31 Words stfeek three gh are deleted; words underlined are added. r l • R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. An ` e Mast °r 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. However-, in the event that signifieant physieal development has not eeffiffieneed by Mar-eh 11, 2003 in Collier County, development this longer- - be— effeetiv For- pufpeses of r 4. The Aapplicant or its their successor(s) in title to the subject property shall submit a report bienniallyanwaal } y, commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 27 of 31 Words * uek through are deleted; words underlined are added. MWAMf 0 . , R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. An ` e Mast °r 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. However-, in the event that signifieant physieal development has not eeffiffieneed by Mar-eh 11, 2003 in Collier County, development this longer- - be— effeetiv For- pufpeses of r 4. The Aapplicant or its their successor(s) in title to the subject property shall submit a report bienniallyanwaal } y, commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 27 of 31 Words * uek through are deleted; words underlined are added. MWAMf �. . R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. An ` e Mast °r 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. However-, in the event that signifieant physieal development has not eeffiffieneed by Mar-eh 11, 2003 in Collier County, development this longer- - be— effeetiv For- pufpeses of r 4. The Aapplicant or its their successor(s) in title to the subject property shall submit a report bienniallyanwaal } y, commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 27 of 31 Words * uek through are deleted; words underlined are added. SA of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 913- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present; a: A substantial deviation from the terms or cEonditions of this Ddevelopment Oerder, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b: An expiration of the period of effectiveness of this Ddevelopment Oerder as provided herein. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Aapplicant to comply with all other applicable local or state permitting procedures. 7. The definitions contained in Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 8. This Order shall be binding upon the Ddeveloper, its assignees or successors in interest. 9. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Order which shall remain in full force and effect. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 28 of 31 Words stmek thfough are deleted; words underlined are added. 11. This Resolution shall become effective as provided by law. 12. Certified copies of this Oerder are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. 13. The buildout date for the Parklands DRI is established as January 22, 2026. SECTION TWO: FINDINGS OF FACT PERTAINING TO SIXTH AMENDMENT A. The approved land uses within the Parklands DRI are depicted on the Master Plan which is attached hereto as Exhibit H and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of the Parklands DRI on 642.3± acres of land shall include the land uses described in Development Order 85 -4, as amended. D. The proposed amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the proposed amendment has been conducted by the County departments and the Southwest Florida Regional Planning Council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. G. The Buildout Date for the Parklands DRI shall be January 22 2026 based on the buildout date extensions and tolling described below. A summary of the buildout date extensions and tolling is as follows: Buildout Original Development Order 85 -4 Uproved 9/10/85) 12/17/2007 • Development Order No 93 -1 — 4 year extension 12/17/2011 • 2007 Extension — 3 years 12/17/2014 380.06(19)(c) • 2010 Extension — 2 years 12/17/2016 380.06(19)(c), F.S. 2011 Extension — 4 years 12/17/2020 380.06(19)(c), F.S. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 29 of 31 Words stmek thfetigh are deleted; words underlined are added. 8 A WA • Litigation Tolling Extension Period — 4 years 1 month and 6 days measured from June 1 2006 challenge to permit (Army Corps of Engineers) issuance to July 6 2010 settlement agreement. 01/23/2025 380.06(19)(c), F.S. • 364 days This Development Order Amendment 1/22/2026 380.06(19)(c) F.S. SECTION THREE: CONCLUSIONS OF LAW PERTAINING TO SIXTH AMENDMENT A. This Sixth Amendment of the previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 390.06(19), Florida Statutes. B. This Sixth 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. This Sixth 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. This Sixth Amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85 -4, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over other applicable previous Development Orders which are in conflict with it. B. Copies of the Development Order No. 12- 6 / shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order 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 after motion, second and majority vote. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 30 of 31 Words stftiek thr-eugh are deleted; words underlined are added. Done this -�- `>` 11-- day of �U � , 2012. ATTEST: DWIGHT E. BROCK, CLERK rk F Yc �5i and egal suffi" f6ncy: Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A — Legal Description Exhibit H - Master Plan CPA 1- CPS -01081 \71 0 1 • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chai n Item # Agenda Date Date Recd _ Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 31 of 31 Words stfuek thfatigh are deleted; words underlined are added. 8A I EXHIBIT "A" LEGAL DESCRIPTION 1 '•' 69& 1 All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to � Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. 6024300 A ti 3 a a a LAND USE SUMMARY RESIDENTIAL (R) 114.8± AC. 17.94± OPEN SPACE OS /B OPEN SPACE/ BUFFERS a 1.®«m RECREATION SITE (RS) 6.1± AC. 1.04± LAKES /LAKE MAINTENANCE EASEMENTS (L) 86.8± AC. 13.54± PRESERVE (P) 341.2± AD. 52.64± PRESERVE BUFFERS (PB) 7.6± AC. 1.7%+ OTHER OPEN SPACE & BUFFERS (OS /B) 24.8± AC. 3.84± SUBTOTAL OPEN SPACE ® uv 466.5± AC. 72.64± RIGHTS -OF -WAY PARKLANDS ®M COUNTY ( LOGAN BOULEVARD ) HOLE MONTES ENGINEERSPUVNEASSURVryORS 16.7± AC. 2.64± INTERNAL 29.21: AC. 4.64± SCHOOL SITE (S) 15.0± AC. 2.341- TOTAL SITE AREA 642.2± AC. 100.04± LAND USE LEGEND R RESIDENTIAL RS RECREATION SITE OS /B OPEN SPACE/ BUFFERS a 1.®«m PB PRESERVE BUFFER ap . a L LAKE/ LAKE (P) MAINTENANCE EASEMENT P PRESERVE S SCHOOL SITE NOTES m m� m MAXIMUM NUMBER OF DWELLING UNITS IS 850 ON 642.2± ACRES FOR A MAXIMUM � I I- 1.®«m OPEN SPACE PROVIDED IS 466.5 ±± ACRES WHICH REPRESENTS APPROXIMATELY OS/B OS /B PE PRESERVE . 1 rsislim (P) Nmml NATIVE VEGETATION PROVIDED IS 130.87± ACRES LOCATED WITHIN 341.2± ACRES EMP.11-041REEN OF PRESERVES WHICH EXCEEDS THE MINIMUM 32.7± ACRES OF PRESERVATION ( 254 OF 130.87 ACRES ) TERAFINA P.U.D. ® 112112 ® uv PARKLANDS ®M .l® HOLE MONTES ENGINEERSPUVNEASSURVryORS s "ar s N�aE., nrrtvo1o: Ha LOCATION M AP MAXIMUM NUMBER OF DWELLING UNITS IS 850 ON 642.2± ACRES FOR A MAXIMUM DENSITY OF 1.32 DWELLING UNITS PER ACRE. OPEN SPACE PROVIDED IS 466.5 ±± ACRES WHICH REPRESENTS APPROXIMATELY OS/B OS /B PE PRESERVE 72.64 OF PROJECT AREA WHICH EXCEEDS 604 REQUIRED BY L.D.C. (P) NATIVE VEGETATION PROVIDED IS 130.87± ACRES LOCATED WITHIN 341.2± ACRES OF PRESERVES WHICH EXCEEDS THE MINIMUM 32.7± ACRES OF PRESERVATION ( 254 OF 130.87 ACRES ) TERAFINA P.U.D. ® 112112 ® uv PARKLANDS R.D. GHR "08[2010 HOLE MONTES ENGINEERSPUVNEASSURVryORS 950 Encore Way Naples, 239)L -2110 Phone: (239)254 -2000 Ahoti CenN,.17 2 Au[honzetbn N,. 1772 LAND USE MAP EXHIBIT H _ ASSO CIAT S nrrtvo1o: Ha �nxc w. Kassa -1 N12111 ouwxJON un082010 aER.0.a'. 0 09 2010 �1ooa0PUO 2010.047 1 OF 1 N A s tz�r 300'