Backup Documents 09/27/2011 Item #17A17q
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,
September 2, 2011, 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: GMD /Zoning Person: Kay Deselcm, Principal Planner Date: August 26, 2411
Petition No. DOA- PL2011 -0354: Ronto Livingston DRI (aka Tuscany Reserve)
Petitioner: KE Tuscany Reserve Properties, LLC; Attn: Mr. John M. Gleeson; 16990 Livingston Road;
Naples, FL 34110
Name & Address of any person(s) to be notified by Clerk's Office: R. Bruce Anderson, Esquire; Roetzel & Andress;
850 Park Shore Drive; Trianon Centre, Third Floor; Naples, FL 34103 and D. Wayne Arnold, AICP;
Q. Grady Minor & Associates, Inc.; 3800 Via 'Del Rey; Bonita Springs, FL 34134
Hearing before: X BCC
BZA
Other
Requested Hearing date: Tuesday, September 27, 2011. Based on advertisement appearing 20 days before hearing.
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: /
Division #dministrator or Designee Date
List Attachments: Resolution
DISTRIBUTION INSTRUCTIONS
For bearings 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 CLERK'S OFFICE USE ONLY: (� p of r�
Date Received: Date of Public Hearing: ` 1 P Date Advertised: T l
17A
DEVELOPMENT ORDER NO. 201I-
RESOLUTION NO. 2011 -
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000-0t,
RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF
EXPIRATION DATE AND EXTENSION OF BUILD OUT DATE,
RENAMING DR[ TO TUSCANY RESERVE DRI, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION
FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 1.2, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN
COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 2000-01 (the "Development Order'") by Resolution 2000-26 on January 25,
2000, which approved a Development of Regional Impact (DRI) known as Ronto Livingston
DRL and
WHEREAS, in accordance with Section 380-06(19(c), F,S,, as approved by the Florida
Legislature in 2007 and 2010, a three-year and two-year extension to the expiration date and
proJected buildout date was given to this DR[; and
WHEREAS, on January 31, 2011, KE 'I'uscany Reserve Properties. LLC, a Delaware
limited liability company, ("Tuscany"), acquired the Ronto Livingston property and filed a
Notice of Proposed Change on April 15, 2011; and
WHEREAS, on June 10, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011-139, Laws of
1, lorida to further extend the buildout date and the expiration date-, and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress. P.A.,
representing KE
Tuscany Reserve Properties LLC, petitioned the Board Of County Commissioners of Collier
Words sti-tiek-thFough are deleted; words underlined are added.
Ronto Livingston DRI ./ DOA-1`1,2011-354
Rev. 7110711 1 of" 6
17A
County, Florida to amend the Development Order by extending the buildout date, setting an
expiration date, and renaming the DRI to Tuscany Reserve DRI; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
WHEREAS., on September 27, 2011, the Board Of County Commissioners, having
considered application of proposed changes to the Development Order and the record made at
said hearing, and having considered the record of the documentary and oral evidence presented
to the Collier County Planning Commission, and report and recommendation of the Collier
County Planning Commission, the report and recommendation of the Collier County Planning.
Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby
approves the following Development Order amendments.
NOW, THEREFORE., . BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE, AMENDNIENTS OF DEVELOPMENT ORDER 2000-01
A. The DRI is hereby renamed to Tuscany Reserve DRI and all references to Ronto
Livingston in Development Order No, 2000-01 are deleted and replaced with Tuscany Reserve,
B. Conclusions of Law, Sections 3.K., I I., and 2., 4. and 5.1, which follow Section
I L, or Development Order 2000-01 are hereby amended to read as fbllows:
+4—.PUD4X4GUMEN-T
A. e is a PUD d,&eumen+-k0fdinanee No. 2000 A A EL L
Board 0,
wh,
'he
eendkions and eomFflil
tments of the JIUD doetiment also goveffi the
Development and use (,)!' the prope-Ny
1� DI 11-1 A_
C+Nn*iu*i4y-,ev,efi-4hough fhve_� — ent-4044ianee No. 211111-1 0- 4) is
\Vords stfwkdw-o Ii are deleted-, words underlined are, added,
Roiito Uvina0 stoii DR[/ DOA-PI,201 1-354
Rey, 7/07/11 2 of'6
17A
11. SUCCFSSOR DEVELOPER
On January 31, 2011, 'fuscanv purchased the Ronto Livingston DRI property,
deed recorded at OR Book 4648, Page 828 et seg. - Official Records of Collier County,
Florida. On April 15, 2011, Tuscany J.-Hed a Notice of Proposed Change to the DRI
approval. Tuscany also filed for an amendment to the Collier County Planned Unit
Development ("PUD") document Ordinance Nos. 03-28 and 04-47 which governs the
development of the property also known as "Tuscany Reserve". Tuscany acknowledges
that the conditions and commitments of Tuscany Reserve PUD as it exists and as it may
be amended also governs the development and use of the property, even though the PUD
document is expressly not made a part of this Development Order.
2. The original proiected buildout date of January 25, 2007 received
automatic extensions to January 25. 2012 by operation of law in Section 6. Chapter 2007-
204. Laws of Florida and Section 46. Chapter 201.0-147. Laws of Florida. On June 10,
2011, Developer provided written notice to County of its intent to extend the DRI another
four years under Chapter 2011-139, Laws of Florida. Notwithstanding anv other time
periods listed in the original Development Order or Application for Development
Approval. the Project buildout date shall be January 24, 2021. This Development Order
shall terminate and the DRI shall expire on January 24, 2029. fefflain in effeet for- fig' e
(4-5)- - ea
y , fs-ffoni-the-
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt
from down-zoning or intensity or density reduction until January 24, 2029
t-ei yeaFS f+om the date of 11 c1 'Ption of the -1-leveloptne"f4er, subject to the
conditions and limitations of said Subsection of the Florida Statutes.
5. The Developer, or its successor(s) in title to the Subject property, shall
submit a report bien,niaIlyaftfft+aflt, commencing two w+e years fi-om the effective date of
this Development Order, to the Board of County Commissioners of'Cotlier County, the
Southwest Florida Regional Planning Council, and the Department of Community
Affairs. This report shall contain the information required in the applicable section of the
Seetion 9,12.025(7), Florida Administrative Code, This report shall be prepared in
Words .4-Rieh�Fetjggh are deleted: words underlined are added.
Rojito Livhigston DRI IDOA-PL2011-354
Rev. 7 XVI 1 3 of 6
17A
accordance with the -DRI Monitoring Format", as may be amended, provided by the
SWl`RPC. Failure to submit the biennialann" report shall be governed by Section
3
380.06(18), Florida Statutes.
SECTION TWO: FINDINGS OF FACT
A. 'That the real property constituting the Tuscany Reserve DRI, which is the subject
of the proposed amendment, consists of approximately 461 acres, is legally described as set forth
in Exhibit "A", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19)(e)]., Florida Statutes,
The applicant submitted a Notice of Proposed Change to the Regional Planning Council. the
State Land Planning Agency and Collier County as required by Section 380,06(19)(c)l. This
Section also provides "A Notice of Proposed Change .. that involves an extension of the
buildout date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of f(3) and is not subject to a determination pursuant to
subparagraph F(5)."
C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in June, 2011 that the
proposed changes do not create additional impacts.
E, The development is not in an area designated an Area of'Critical State Concern
pursuant to the provisions of Section 3 )80.06, Florida Statutes, as amended.
E A sturimary of the bUildout dates and expiration dates is as follows:
Buildout Expiration
Original Date 1/25/2007 1/25/2015
2007 Extension — 3 years 1 /25/2010 1/25/2018
)80,06(19)(c), RS.
Words
gh are deleted; words underlined are added,
Ronto Livingston DRI / DOA-PL2011-354
Rev. 7/07i 11 4 of 6
2010 Extension — 2 years
Section 46, Chapter 2010-147,
Laws of 1 lorida
2011 Extension — 4 years
380.06(19)(c), I.S.
Proposed 4 years 364 days
SECTION THREE: CONCLUSIONS OF LAW
1/2512012 1/25/2020
1125/2016 1/25/2024
1/24/2021 1/24/2029
A. The proposed changes to the previously approved Development Order do not
require flirther d eve I opm ent-o F-regional -impact review,
13. The proposed changes to the previously approved Development Order xvill not
unreasonably interfere with the achievement of the objectives of' the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto,
D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan,
E. The proposed changes do not constitute a Substantial deviation pursuant to
Section 380.06(19)(c) which provides ... "an extension of live years or less is not a substantial
deviation," Pursuant to Section 380,06(e)1, it is not subject to the public hearing requirements of
3
)80.06(19)(f)3. and it is not subject to a determination pursuant to Section 380,06(19)(1)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03-01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
Words 4-Kie"fo4i are deleted; words underlined are added.
Ronto Liviiiastoii DRf / DOA-PL2011-354
Rev, 7/07/11 5 of 6
17A
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council,
Board.
C. This Development Order shall take effect as provided by law,
BE IT FURTHER RESOLVID that this Resolution be recorded in the minutes of this
, .This Resolution adopted after motion, second and favorable vote.
Done this 27"' clay of September, 2011.
ATTEST- BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK NTY, FLORIDA
COLLIER COUT
BY:—.---
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachment: Exhibit A — Legal Description
I
C P/ I I -CPS- 01094 2 9
Words st-Rt" rough arc deleted; words underlined are added,
Rmito Livingston DR] / DOA-PL2011-34;4
Rev. 71,'07111 6 of*6
17A
"Collier County NOPC
FxM, bit V- Legal Description
MAIM° "
Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South,
Range 25 East, Collier County, Florida, less: the portion conveyed to Collier• county,- a
political subdivision of the State of Florida, by Warranty Deed recorded lune 22, 2002, in
the Official Records of Collier County, Florida at O' R. Book 2689, Page 3368.
Together with:
Parcel B. All of Section 7, Township 43 South, Range 26 East, Collier Coanty, Florida,
lying West of the Interstate-flighway 75, tight -of way. i
PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY
DESCRLBED AS:
A parcel of lend lying in Section 7, Township 48 South, Range 26 East, and in Section
12, Township 48 South, Range 25 Vast, in Collier County Florida, and being more
particularly described as follows-
BEG NIVING at Northwest ' Comer of. Section 7, Township 48 South, Rang 26 East run
thence along the North boundary of 11fd Northwest one-quarter (114) of said'Sectioa 7,
5-89'52'09'T. 2420.80 feet to a point on the Westerly right-of-way line of interstate
Highway 75 (324' Right of"way); thence along said Westerly right-of-way line for the
.following three (3) courses 1) S.19'30`43T. 2329.79 feet to a point of curvature; 2)
Southerly, 1892.87 feet along the are cif a curve to the right having aradius of 5567!.58
feet and a central angle of l9 °25'46'' (chord bearing S.99-46'2(rE., 1883.77 feet),, 3)
5.00) 01'57 "'E. 1243.42 feet to a point on the South boundwi of the Southeast one-quarter
(114) of said Section 7; thence along said South boundary N.89'101 131V_, 844.32 feet;
thence along the South boundary of the Southwest one - quarter (1/4) of said Section 7,
N-89'10'25'V., 2627.43 feet to ' the Sci ithvvest comer of said Section 7, the= along the
West boundary of the Southwest one-q'uarter (114) of said Section 1, N.00*32*28-W.,
2623,13 feet; thence along the West boundary of the Northwest iin"uarter (114) of said
Section 7, N.00'30'23"W-, 1314.18 feet; thence along the Southerly bomdary of the
North one -half (1/2), of the Northeast tine;- quarter (114), of said Section 12, Township 48
South, Range 25 East, S;89*21'50"W., 2599.53 feet to a, point on the Easterly right-of.
Way line of Livingston Road; thence along said Easmdy right-of-way line
U00'24'4TV., 1316.68 feet to a point on the North boundary of the North one-half
(112) Of the Northeast on-- quarter (1/4) of said Section 12- thence along said North
boundary, 2597-37 feet to the POWT OF BEGINNING.
Contaiaing 461.29 acres, more or less.
Exhibit A
Teresa L. Polaski 17A
From: DeselemKay <KayDeselem @colliergov.net>
Sent: Friday, August 26, 20115:47 PM
To: Minutes and Records
Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda;
Brock, Marylo
Subject: DOA- PL2011 -0354: Ronto Livingston DRI (aka Tuscany Reserve) ad for 9/27 BCC
Attachments: BCC ad form signed 8- 26- 11.pdf, Resolution 07- 08- 11.pdf
Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to
my attention prior to proceeding.
Thankyou!
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
kaydeselem 0co lliemo v. ne t
�s C1de, o d'a Law', e-mad addresses are uub!ic records, it you do not vvaM your e- uFA r1 itli"ess re.eased in response to a public records reques", do ;)or s-nd
waA to this enlb/, Instead, contact this affice by telex i ome or in , ,witwg,
1
17A
Acct #068779
August 29, 2011
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: DOA- PL2011 -0354, Ronto Livingston DRI
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 7, 2011 and
send the Affidavit of Publication, in duplicate, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
17a
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, September 27, 2011 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M. The Board will consider Resolution /Development Order:
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000 -01, RONTO LIVINGSTON
DRI, A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE;
ADDITION OF EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE,
RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING THE REPORT TO
BIENNIALLY; SECTION TWO: FINDINGS OF FACT; SECTION THREE:
CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE
DATE. THE PROPERTY IS LOCATED IN SECTIONS 7 AND 12, TOWNSHIP 48
SOUTH, RANGES 25 AND 26 EAST IN COLLIER COUNTY, FLORIDA.
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 Chair, 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 disability who needs any
participate in this proceeding, you are entitled,
provision of certain assistance. Please contact t]
Facilities Management Department, located at 3335
Building W, Naples, Florida 34112, (239)252 -8380.
devices for the hearing impaired are available in
Office.
accommodation in order to
at no cost to you, to the
ze Collier County
Tamiami Trail East,
Assisted listening
the County Commissioners,
17A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
of Hier 17A
CLERK OF THE CJRCIT COURT
Dwight E. Brock COLLIER COUNTY OUR MOUSE Clerk of Courts
3301 TAMIAMI AIL EAST
Clerk of Courts P.O. BOX 43044 ! Accountant
NAPLES, FLORIDf1`4101 -344 Auditor
Custodian of County Funds
August 29, 2011
KE Tuscany Reserve Properties, LLC
Attn: John M. Gleeson
16990 Livingston Road
Naples, FL 34110
Re: Notice of Public Hearing to Consider Resolution/Development Order
DOA- PL2011 -0354; Ronto Livingston DRI (aka Tuscany Reserve)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, September 27, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 7,
2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.colliercierk.com Email: collierclerkCcollierclerk.com
nt--bf 6llier
CLERK OF THE ��RCIT COURT
17A
Dwight E. Brock COLLIER COUNTY OURI�POUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI IL EAST
P.O. BOX 413044
Accountant
NAPLES, FLORIDA -14101 -3044 Auditor
1 Custodian of County Funds
August 29, 2011
R. Bruce Anderson, Esquire
Roetzel & Andress
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, FL 34103
Re: Notice of Public Hearing to Consider Resolution/Development Order
DOA- PL2011 -0354; Ronto Livingston DRI (aka Tuscany Reserve)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, September 27, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 7,
2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
�s
eresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerkGcollierclerk.com
nt; o Collier
CLERK OF THE C , RC IT COURT 17 A
COLLIER COUNTY )COUR HOUSE
Dwight E. Brock 3301 TAMIAMI "AIL EAST Clerk of Courts
Clerk of Courts P.O. BOX 41,3044 `� Accountant
NAPLES, FLORIDA 1�i 4101 -3 44 Auditor
I Custodian of County Funds
August 29, 2011
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, Inc.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of Public Hearing to Consider Resolution/Development Order
DOA- PL2011 -0354; Ronto Livingston DRI (aka Tuscany Reserve)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, September 27, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 7,
2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Neresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerkCkcollierclerk.com
Teresa L. Polaski
To: Legals NDN (legals @naplesnews.com)
Subject: DOA- PL2011 -0354
Attachments: DOA- PL2011 -0354 (BCC).doc; DOA- PL2011 -0354 (BCC).doc
Legals,
Please advertise the attached legal ad on Wednesday, September 7, 2011. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Polaski@collierclerk.com
1
17A
17A
Teresa L. Polaski
From: Pagan, Emely <EPagan @Naplesnews.com>
Sent: Monday, August 29, 20113:31 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UAS3E19 jpg
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1913959
Total Ad Cost $259.38
Em
239 - 213 -6061
NOTICE OF PUBLIC HEARING 1 7 A
Notice is hereby givo that the Board of County Commissioners of Collier County
will hold a Public hearing an Tuesday', September 27, 2011 In the Boardroom, 3rd
Floor, Administr4tio'n Bulldin Collier County Government Center, 3299'East Ta-
miamiTrail, Nlaples, Florida, $,he meeting will begin 41 9,,,00 A-M The Board will
consider Re�olution/Development order:
A RESOLUTION WENDING DRIELOPMENT ORDER 2000-01, RONTO LIVING5TO-N
DR[, A DEVELOWENT OF REGIONAL IMPACT, PROVIDING FOR S-ECTION ONE- ADDI-
TION OF EXPIRATION DATE AND EXTENSION OF ]BUILDOUT DATE? RENAMING DRI
TO TUSCANY RESERVE DRI, AND CHANGING THE REPORT TO BIENNIAL12f; SECTION
TWO: FINDINGS OF FACT'- - SECTION THREE! CONCLUSIONS OF LAW; SECTION FOUR:
EFFECT OF PREVIOUSLY ISSUED DEVEL&MENT ORDER, TRANSMITTAL TO DCA;
AND PROVIDING AN EFFECTIVE DATE. TI-IE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN COLLIER COUNTY,
FLORIDA.
NOTE All Persons wishing to speak on any agenda item must register with the
inistrator prior to presentat - ion of the agenda item to be addressed
Ind iviytual "speakem will be, limited to ,3 minutes On any item The selection 'of an in
div4ual to speak on behalf of an organization or group is encoura ed. If recon-
fiized by the Chair, a spo erspersoiri'fbr a group or organization ray to allotted fO
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 I weeks prior to the respective
�ublic hearing, In any case, written materials intended to be considered by the
oard shall be submitted to the� appropriate County staff a mi n i murn of seven clays
prior to the public hearing. 'All material used in presentations before the Board
will becomeLa 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, %vhickh record includes the testimony and'evi-
Bence , upon which the appeal is ba5ed
If you are a person, with disability who needs any accommodation in order to par-
tiicip4te in this procee& u nq, yo are entitled, at no cost to you, to The Provision of
certain assistance, Please contact the Collier County, Facilities Management De art-
ment, located at 3335 Tamiami Trail East, Building W, Naples, Florida. 4,12 '
Q,39)252-880. Assisted listening devices for the hearing impaired are available in
the County. Commissioners' Office,
BOARD OF COUNT Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE,, CHAIRMAN
DWGHT E, BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Eiriternber 7. 2011 N0;1913959
Teresa L. Polaski
From:
DeselemKay <KayDeselem @colliergov.net>
Sent:
Monday, August 29, 20114:42 PM
To:
Teresa L. Polaski; Neet, Virginia
Cc:
Rodriguez, Wanda
Subject:
RE: Ad Confirmation
Looks OK to me.
17A
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. Polaski [mailto: Teresa .Polaski @collierclerk.coml
Sent: Monday, August 29, 20113:34 PM
To: NeetVirginia; DeselemKay
Subject: FW: Ad Confirmation
<<UAS3E19.jpg>> Please review.
- - - -- Original Message---- -
From: Pagan, Emely [mailto:EPagan @Naplesnews.coml
Sent: Monday, August 29, 20113:31 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1913959
Total Ad Cost $259.38
Em
239 - 213 -6061
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.
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
emailin hel desk collierclerk.com quoting the sender and delete the message and an attached documeelts'The' a
C M C C Y
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.
17q
Teresa L. Polaski
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Tuesday, August 30, 20113:54 PM
To: Teresa L. Polaski
Subject: RE: Ad Confirmation
You should have everything now - except for the Coastal Construction Setback Line Variance - Did that get straightened
out?
Dinny
- - - -- Original Message---- -
From: Teresa L. Polaski [mailto: Teresa .Polaski@collierclerk.coml
Sent: Tuesday, August 30, 20113:52 PM
To: NeetVirginia
Subject: RE: Ad Confirmation
yes
- - - -- Original Message---- -
From: NeetVirginia f mailto :VirginiaNeet @colliergov.netl
Sent: Tuesday, August 30, 20113:49 PM
To: Teresa L. Polaski
Subject: FW: Ad Confirmation
This is Ronto Livingston DRI
- - - -- Original Message---- -
From: AshtonHeidi
Sent: Tuesday, August 30, 20113:47 PM
To: NeetVirginia
Subject: RE: Ad Confirmation
Okay
Heidi Ashton -Cicko
Heidi Ashton -Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239) 252 -8400
Fax (239) 252 -6300
Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples,
FL 34112
- - - -- Original Message---- -
From: NeetVirginia
Sent: Tuesday, August 30, 20113:38 PM
1
To: AshtonHeidi
Subject: FW: Ad Confirmation
One more. Sorry!!
n
- - - -- Original Message---- -
From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml
Sent: Monday, August 29, 20113:34 PM
To: NeetVirginia; DeselemKay
Subject: FW: Ad Confirmation
<<UAS3E19.jpg>> Please review.
- - - -- Original Message---- -
From: Pagan, Emely fmailto:EPagan @Naplesnews.coml
Sent: Monday, August 29, 20113:31 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1913959
Total Ad Cost $259.38
Em
239 - 213 -6061
Please visit us on the web at www.collierclerk.com
17A
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 helpdesk @collierclerk.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.
17A
Teresa L. Polaski P(-201
From: Naples Daily News <naplesnews @clicknbuy.com>
Sent: Tuesday, September 06, 201111:12 PM
To: Teresa L. Polaski
Subject: Thank you for placing your classified advertisement.
Ad # 1913959
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, September 27, 2011 in the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will
begin at 9:00 A.M. The Board will consider Resolution/Development Order: A RESOLUTION AMENDING
DEVELOPMENT ORDER 2000 -01, RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE; ADDITION OF EXPIRATION DATE AND EXTENSION OF
BUILDOUT DATE, RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING THE REPORT
TO BIENNIALLY; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW;
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO
DCA; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7 AND
12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN COLLIER COUNTY, FLORIDA. 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 Chair, 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 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 Polaski, Deputy Clerk (SEAL) September 7, 2011 No1913959
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida:
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on September 7, 2011
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida.
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year 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 any discount, rebate.
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
( Signature of affiant
Sworn to and subscribed before me
This 12th day of September, 2011
(Signature of notary public)
e —
=o,*aY p� <� KAROL E KANGAS
�• E
Notary Public - State of Florida
�
N'TE �.. opo,, My Comm. Expires Ju! 29, 2013
q Commission # DO 912237
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County'Comrrissioners of Collier County
will hold a public hearing on Tuesday, September 27, 2011 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3294 East Ta-
miami Trail, .Naples, Florida. The meeting will begin at 9:00 A.M. The Board will
consider Resolution/Development Order: ,
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000.01; RONTO LIVINGSTON
DR[, 'A DEVELOPMENT OF REGIONAL IMPACT,` kOVIDING FOR SECTION ONE; ADDI-
TION OF -EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE, RENAMING DRI
TO TUSCANY: RESERVE DRI, AND CHANGING THE REPORT ,TO BIENNIALLY; SECTION
TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR:
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER; TRANSMITTAL TO DCA;
AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN COLLIER COUNTY,
FLORIDA.
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 in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chair, a spokesperson for a group. or.orgamzation 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 evi-
dence upon which the appeal is based, '
If you are a person with disability who needs any accommodation in order to par -
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management
(23 Depart-
r nt located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112,
9)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'
Byy: Teresa Polaski, Deputy Clerk
Se�temher 7. 2011. N�1973959
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 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 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
Applicable)
2.
September 27, 2011
Agenda Item Number
17.A
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Resolution
Lbut-
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
i
_
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(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 pro riate.
(Initial)
Applicable)
Agenda Date Item was
September 27, 2011
Agenda Item Number
17.A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution
Lbut-
Number of Original
1
Attached
o"?o( :--4 r>4
Documents Attached
INSTRUCTIONS & CHECKLIST
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS 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 pro riate.
(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,
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
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
110
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
�D
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.
��
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 September 27, 2011 and all changes made
during the meeting have been incorporated in the attached document. The County
III
Attorney's Office has reviewed the changes, if applicable.
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17q
MEMORANDUM
Date September 30, 2011
To: Kay Deselem, Principal Planner
Zoning and Land Development
From: Teresa Polaski, Deputy Clerk
Board Minutes & Records Department
Re: Resolution 2011- 177/Development Order 2011 -04
Attached for your records is a copy of the Ordinance referenced above
(Item #17A) adopted by the Board of County Commissioners on September 27,
2011.
The Minutes and Record's Department will hold the original document in the
Official Record's of the Board.
If you have any questions, please call me at 252 -8411.
Thank you.
Attachment
I?A
nt .01 fCollier
CLERK OF THE 6JRCbAT COURT
Dwight E. Brock COLLIER COUNTY )UOURYI -IOUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI IL EST Accountant
P.O. BOX 44
NAPLES, FLORIDA 4101 -344 Auditor
. Custodian of County Funds
October 3, 2011
South Florida Water Management District
2301 McGregor Boulevard
Fort Myers, FL 33901
Re: Development Order 2011 -04 /Resolution 2011 -177
Transmitted herewith is a certified copy of the above referenced document, as adopted
by the Collier County Board of County Commissioners of Collier County, Florida on
Tuesday, September 27, 2011, during Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Nresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk@collierclerk.com
of-C6llier
CLERK OF THE C]
Dwight E. Brock COLLIER COUNTY t
Clerk of Courts 3301 TAMIAMI PO. BOX 4
NAPLES, FLORIDA
October 3, 2011
I �
C IT COURT
UR HOUSE Clerk of Courts
IL E, ST
144 Accountant
4101 -3 44 Auditor
5 Custodian of County Funds
Donna Harris
Plan Processor
Department of Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
Re: Development Order 2011 -04 /Resolution 2011 -177
Transmitted herewith is a certified copy of the above referenced document, as adopted
by the Collier County Board of County Commissioners of Collier County, Florida on
Tuesday, September 27, 2011, during Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Teresa Polaski, Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk(acollierclerk.com
17q
DEVELOPMENT ORDER NO. 2011- 04
RESOLUTION NO.2011- 177
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000 -01,
RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF
EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE,
RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION
FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN
COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 2000 -01 (the "Development Order ") by Resolution 2000 -26 on January 25,
2000, which approved a Development of Regional Impact (DRI) known as Ronto Livingston
DRI; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2010, a three -year and two -year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on January 31, 2011, KE Tuscany Reserve Properties, LLC, a Delaware
limited liability company, ( "Tuscany "), acquired the Ronto Livingston property and filed a
Notice of Proposed Change on April 15, 2011; and
WHEREAS, on June 10, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011 -139, Laws of
Florida to further extend the buildout date and the expiration date; and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing KE
Tuscany Reserve Properties LLC, petitioned the Board of County Commissioners of Collier
Words struek thfeugh are deleted; words underlined are added.
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 1 of 6
17A
County, Florida to amend the Development Order by extending the buildout date, setting an
expiration date, and renaming the DRI to Tuscany Reserve DRI; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
WHEREAS, on September 27, 2011, the Board of County Commissioners, having
considered application of proposed changes to the Development Order and the record made at
said hearing, and having considered the record of the documentary and oral evidence presented
to the Collier County Planning Commission, and report and recommendation of the Collier
County Planning Commission, the report and recommendation of the Collier County Planning
Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby
approves the following Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS OF DEVELOPMENT ORDER 2000 -01
A. The DRI is hereby renamed to Tuscany Reserve DRI and all references to Ronto
Livingston in Development Order No. 2000 -01 are deleted and replaced with Tuscany Reserve.
B. Conclusions of Law, Sections 3.K., 11., and 2., 4. and 5., which follow Section
I L, of Development Order 2000 -01 are hereby amended to read as follows:
• WIN ...
mss.
..
• . .
.....
a W92% ._
Words stfuelthfetigh are deleted; words underlined are added.
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 2 of 6
17q
11. SUCCESSOR DEVELOPER
On January 31, 2011, Tuscany purchased the Ronto Livingston DRI property,
deed recorded at OR Book 4648, Page 828, et seq. — Official Records of Collier County,
Florida. On April 15, 2011, Tuscany filed a Notice of Proposed Change to the DRI
approval. Tuscany also filed for an amendment to the Collier County Planned Unit
Development ( "PUD ") document Ordinance Nos. 03 -28 and 04 -47 which governs the
development of the property also known as "Tuscany Reserve ". Tuscany acknowledges
that the conditions and commitments of Tuscany Reserve PUD as it exists and as it may
be amended also governs the development and use of the property, even though the PUD
document is expressly not made a part of this Development Order.
2. The original projected buildout date of January 25, 2007 received
automatic extensions to January 25, 2012 by operation of law in Section 6, Chapter 2007-
204, Laws of Florida and Section 46, Chapter 2010 -147, Laws of Florida. On June 10,
2011, . Developer provided written notice to County of its intent to extend the DRI another
four years under Chapter 2011 -139, Laws of Florida. Notwithstanding any other time
periods listed in the original Development Order or Application for Development
Approval, the Project buildout date shall be January 24, 2021. This Development Order
shall terminate and the DRI shall expire on January 24, 2029. remain in °ff et for- r:f
( 5) . s ffem the date of Ftdo pt et
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt
from down - zoning or intensity or density reduction until January 24, 2029 for- ^ „ °ri °a 4
ten (10) yeafs ffom the da4e of adoption of the Development Ofdef, subject to the
conditions and limitations of said Subsection of the Florida Statutes.
5. The Developer, or its successor(s) in title to the subject property, shall
submit a report biennially, commencing twoone years from the effective date of
this Development Order, to the Board of County Commissioners of Collier County, the
Southwest Florida Regional Planning Council, and the Department of Community
Affairs. This report shall contain the information required in the applicable section of the
Seetien W2.025(7), Florida Administrative Code. This report shall be prepared in
Words str-tiek threegh are deleted; words underlined are added.
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 3 of 6
17q
accordance with the "DRI Monitoring Format ", as may be amended, provided by the
SWFRPC. Failure to submit the biennialannual report shall be governed by Section
380.06(18), Florida Statutes.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Tuscany Reserve DRI, which is the subject
of the proposed amendment, consists of approximately 461 acres, is legally described as set forth
in Exhibit "A ", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19)(e)l., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as required by Section 380.06(19)(e)l. This
Section also provides "A Notice of Proposed Change ... that involves an extension of the
buildout date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of f(3) and is not subject to a determination pursuant to
subparagraph f(5)."
C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in June, 2011 that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
F. A summary of the buildout dates and expiration dates is as follows:
Buildout Expiration
Original Date 1/25/2007 1/25/2015
2007 Extension — 3 years 1/25/2010 1/25/2018
380.06(19)(c), F.S.
Words str-tie-k thfetigh are deleted; words underlined are added.
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 4 of 6
17q
2010 Extension — 2 years 1/25/2012 1/25/2020
Section 46, Chapter 2010 -147,
Laws of Florida
2011 Extension — 4 years 1/25/2016 1/25/2024
380.06(19)(c), F.S.
Proposed 4 years 364 days 1/24/2021 1/24/2029
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
require further development -of- regional- impact review.
B. The proposed changes to the previously approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06(19)(c) which provides ... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e)l, it is not subject to the public hearing requirements of
380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(1)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03 -01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
Words stfuek thfetigh are deleted; words underlined are added.
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 5 of 6
17q
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
• . 41
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
This Resolution adopted after motion, second and favorable vote.
Done this 27th day of September, 2011.
ATO S f' �.< r ,
D, WIGHT E"A CK, CLERK
Approved as to form
and lekal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
Attachment: Exhibit A — Legal Description
C P/ 11- CPS - 01094\29
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: .-� W, C"�
FRED W. COYLE, Chairm
Words str-uel thfoug# are deleted; words underlined are added
Ronto Livingston DRI / DOA- PL2011 -354
Rev. 7/07/11 6 of 6
Item #
Agenda 2 2±1/C
Date
Date CT `(
Recd
*epuC1erkAt!L-
17A
"Collier county NOM
Exhibit V- Legal Description
L
EGAL DESCREMNI
Parcel A. North one-half of the Northeast one-quarter of Section IZ Township 48 South,
Range, 25 Fast, Collier County, Florida, less: the portion conveyed to Coffi• Councy," a
political subdivision of the State of Florida, by Warranty Deed recorded June 22, 2002, in
the Official Records of Collier County, Florida at O.R. Book 2689, Page 3368.
Together with:
Parml B: All of Section 7, Township 43 South, Range 26 East, Collier County, Florida,
lying West of the InTerstatelligbWay 75, rightof-way� Y
PARCEL A and PARCEL B: TOGETHER BEENG MORE PARUCULARLY
DESCRIBED AS:
A parcel of land lying in Section 7, Township 43 South, Range 26 East, and in Section
12, Township 48 South, Range 25 Vast, in Collier County Florida, and being more
particularly described as follows:
BEGMMG at Northwest Correr of. Section 7, Township 48 South, Rang 26 East ran
thence along the North boundary of Vfd Northwest onc-quarter (U4) of said' Section 7,
S.99'52'09"& 2420.80 feet to a point on the Westerly right-of-way line of Interstate
Highway 75 (324' Right of my); thence along said Westerly right-of-way line for the
following three (3) courses 1) S. 19'30"43T. 2329.79 feet to a point of curvature; 2)
Southerly, 1892.87 feet along the arc of a -curve to the right having axadius of 5567.58
feet and a central angle of 19'25'46" (chord bearing S.99-46'20-E., 1883.77 feet)-, 3)
S.00°0 I 157M. 1243-42 feet to a print on the South boundary of the Southeast one-quarter
(114) of said Section 7; thence along said South boundary N-89'IW 15`W,., 944.32 fee4
thence along the South boundary of the Southwest one-quarter (114) of said Section 7,
N.89010'25"W., 2627-43 feet to the Sc;6thwest comer of said Section 7; thence along the
West boundary of the Southwest one-q`uaxter (114) of said Section , MOT32*28-W.,
2623.13 feet; thence along the West boundary of the Northwest dne-quarter (114) of said
Section'7, N.00'30'23V., 1314.18 feet; thence along the Sou'thedy boundary of the
North one-half (1/*2), of The Northeast one-quarter (1/4), of said Section 12, Township 48
South, Range 23 East, 5-89'21'50W,, 2599.53 feet to a, point on the Easterly right-of
way line of Uvingston Road; thence along said Easterly right-of-way line
N-00*24'4TV., 1316.68 feet to a point on The Nortb boundary of the North One-half
(M) of the Northeast on-quarter (114) of said Section 12,, thence along said North
boundary, N.89'25'08'7,., 2597.37 feet to the POM7 OF BEc
.1 UNIN INI G.
Containing 461.29 acres, more or less.
Exhibit A