Resolution 2006-049 DO 06-01
DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER AMENDMENT
FOR
THE VINEYARDS OF NAPLES
DRIDOA-2005-AR-8113
RESOLUTION NO. 06 -ft
DEVELOPMENT ORDER NO. 06-01
A RESOLUTION AND DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER AMENDMENT OF
THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING
DEVELOPMENT ORDER NUMBER 85-02, AS AMENDED,
FOR THE VINEYARDS OF NAPLES TO AMEND THE
ALTERNATIVES SECTION OF PARAGRAPH 4,
TRANSPORTATION, OF SECTION 4.C., SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL
,
RECOMMENDA TIONS, TO ADD A NEW
SUBPARAGRAPH PROVIDING FOR THE PAYMENT OF
SPECIFIED SUMS TO THE COUNTY FOR PERMANENT
TRAFFIC COUNTING STATIONS AND TO EXTEND THE
DRI DEVELOPMENT ORDER TERMINATION AND
BUILD-OUT DATE FROM MAY 7, 2005 TO MAY 6, 2010
TO ALLOW COMPLETION OF ON-GOING AND
PLANNED CONSTRUCTION, WHICH DEVELOPMENT IS
LOCATED IN SECTIONS I THROUGH 5, TOWNSHIP 49
SOUTH, RANGE 25 EAST, AND SECTION 6, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; FINDING AND DETERMINING THAT THE
PROPOSED CHANGES TO THE PREVIOUSL Y
APPROVED DEVELOPMENT ORDER DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION;
PROVIDING FOR FINDINGS OF FACT; CONCLUSIONS
OF LAW; AND EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 85-2, as amended, on May 7, 1985, which approved a
Development of Regional Impact (DRI) known as the Vineyards of Naples; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to extend the DRI Development
Order build-out date from May 7, 2005, to May 6, 2010, to allow completion of on-going and
planned construction planned for the Vineyards of Naples DR!; and
Words stmek tftF<lllgh are deleted; words underlined are added.
Page I of4
WHEREAS, Michel Saadeh representing Vineyards Development Corporation,
petitioned the Board of County Commissioners of Collier County, Florida, in Petition Number
DOA-2005-AR-8113, to amend the Development Order to extend the build-out date; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered thc reports of the SWFRPC and the Collier County Planning Commission and held
a public hearing on the petition on February 28, 2006;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER
A. The Alternatives Section of Paragraph 4, Transportation, of Section 4.C.,
Southwest Florida Regional Plannihg Council Recommendations, of Development Order
Number 85-02, as amended, for the Vineyards Development of Regional Impact, is hereby
amended to add the following:
ALTERNATIVES
*
*
*
*
*
*
*
*
b. In lieu of the requirement in Development Order 85-2, Section 4.CA.a. that
~uires the developer to s\!bmitan annualtraflic monitoring repQrLthe c!ev.\:lol2~:~Il;!II[1;!yti]<;
CO'd.!l!YJhe sum of $2L600.00 to be applied for the purchase of permanent year round count
stations on those portions of the roadway network on which the Vinevards development has
significant impacts. This pavment is for calendar vears 2006, 2007 and 2008 and shall be paid
to the Countv upon the adOPtion of this development order amendment. Should the Vinevards
development not achieve build-out bv the end of vear 2008, then the developer shall pay to the
Countv the sum of $7.200.00 for each calendar vear after vear 2008 that the development docs
not reach build-out status. These annual pavments shall be paid to the Countv on the
anniversarv date of adoption of this amendment to this development order.
~ Other Alternatives
lt is understood that the specific conditions listed above require commitments
for payment from the developer and implicit commitments for constructions from local and
state agencies. In some cases, the improvements may not result even with applicant
commitments because of the lack of commitment by state 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 is requested to
solicit Council review of the alternatives prior to the Development Order being adopted.
B. Subsection 7 of the Vineyards of Naples DRI Development Order No. 85-2, as
amended, is hereby amended to add the following underlined text:
The termination and build-out date for this proiect shall be Mav 6,2010.
Words stmek threugh are deleted; words underlined are added.
Page 2 of 4
SECTION TWO: FINDINGS OF FACT
A. The real property which is the subject to the amendment petition is legally descrihed as
set forth in Exhibit "A", attached hereto and by reference made a part hereof.
B. The proposed revisions to The Vineyards of Naples Development Order No. 85-02, as
amended, as described in Petition DOA-2005-AR-8l13, are hereto made a part of this
Resolution.
C. The Petitioner's application for a Notice of Proposed Change (NOPC) is in accordance
with Section 380.06(19), Florida Statutes.
D. The changes proposed by this NOPC for the DRI involve an extension of build-out date
from May 7, 2005, to May 6, 2010.
SECTION TlIREE: CONCLUSIONS OF LA W
A. The proposed amendment to the approved Development Order will not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
B. The proposed amendment to the previously approved Development Order is consistent
with the Collier County Growth Management Plan and the land development
regulations adopted pursuant thereto.
C. The proposed amendment to the previously approved Development Order is consistent
with the State Comprehensive Plan.
D. The proposed amendment to the Development Order is not a substantial deviation from
Development Order No. 85-02, as amended.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order No. 85-2, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over any of the applicable
provisions of previous development orders which are in conflict therewith.
B. Copies of this Development Order No. 06-01 (Resolution No.
) shall be
transmitted by Collier County immediately upon execution to the Department of
Community Affairs, and the Southwest Florida Regional Planning Council.
Words stmel( threllgh are deleted; words underlined are added.
Page 3 of 4
C. This Development Order shall take effect as provided by law.
This Resolution adopted after motion, second and majority vote.
/1; .' ,
Done this ?:r ' day of l t! /} Y!/ 1/ / L Yo 2006.
ti
ATTEST:
DWIGHT E.. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
." "
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BY:
~->~-
FRANK HALAS, CHAIRMAN
Approved as to Form
And Legal Sufficiency:
O1v,';\'4A';- 00l'~ -~
Marjor(t M. Student- tirlmg
Assistant County Attorney
DOA.2005-AR-8113/KD/sp
Words stmel( tflmllgh are deleted; words underlined are added.
Page 4 of 4
LEGAL DESCRIPTION
VINEYARDS OF NAPLES
DOA-2005-AR-8113
Section 5, Township 49 South, Range 26 East, Collier County,
Florida. Containing 727.7 acres, more or less,
.
,
Section 8, Township 49 South, Range 26 East, Coilier County,
Florida less and except Interstate Highway I-75:right-of-way
Parcel 121. (O.R. Book 907 Pages 6]7-64]). Containing 642.7
acres, more or less.
A parcel of land located in Section
Range 26 East, Collier County,
particularly described as follows:
6, Township 49 South,
Florida, 'being more
Begin at the northwest corner of Section 6, Township 49 South,
Range 26 East, Collier County, Florida; thence run S 89055'59"
E, along the north line of the northwest 1/4 of said Section
6 for a distance of 2644.09 feet to the north 1/4 corner of
said Section 6; thence run S 89056'20" E, along the north line
of the northeast 1/4 of said Section 6 to the westerly right-
of-way line of 1-75 (State Road No, 9]) as the same is shown
on the State of Florida Department of Transportation right-of-
way map for State Road NO.9] (1-75) Collier County, Florida,
Section 0]175-240], sheet 1, and a point on a circular curve
concave to the southwest, whose radius point bears S 80010'18"
W a distance of 7477.44 feet therefrom; thence run southerly
along the arc of said curve to the right, and along said
westerly right-of-way line, having a radius of 7477.44 feet,
through a central angle of 09009'52", subtended by a chord of
1194.74 feet at a bearing of S 05014' 46" E, fOl- a distance of
1196,01 feet to the end of said CUl've; thence l'un S 000]9'50"
E, along said westerly right-of-\./clY line, lor a distance of
1457.77 feet to a point on the nOl'th line of Ridge Farms
LEGAL DESCRIPTION
Vineyards Of Naples
'DOA-2005-AR-8113
Page 1 of 3
subdivision, an unrecorded subdivision; thence run N 89056' 34"
IV along the northerly line of the said Ridge Farms subdivision
for a distance of 923.13 feet to an existing concrete monument
marking the northwest corner of Tract 50 of the said Ridge
Farms subdivision; thence run S 02024'57" E along a westerly
line of said Ridge Farms SUbdivision to an existing concrete
monument; thence run S 01013'04" E along a westerly line of
said Ridge Farms SUbdivision for a distance of 137.19 feet to
an existing concrete monument; thence run N 89054'34" W for a
distance of 3960.66 feet to a point on the west line of the
southwest 1/4 of said Section 6; thence run N 01013'58" W for
a distance of 137.58 feet to the west 1/4 corner of said
Section 6; thence run N 02022'41" IV along the west line of the
northeast 1/4 of said Section 6 for a distance of 3171,05 feet
to the point of beginning, containing 358,263 acres, more or
lessj
AND
The north 1/2 of the northeast 1/4 of Section 1, Township 49
South, Range 25 East, Collier County, Florida, and the north
1/2 of the northwest 1/4 of Section 1, Township 49 South,
Range 25 East, Collier County, Florida, less the west 100.00
feet thereof, containing 196.696 acres, more OG less;
)
AND
A parcel of land located in the south 1/2 of Section 6,
Township 49 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
Commence at the southwest corner of Section 6, Township 49
South, Range 26 East, Collier County, Florida; thence run N
01013'58" W, along the west line of the southwest 1/4 of said
Section 6, for a distance of 1980. DO feet; thence run N
87035'44" E for a distance of 2607.64 feet; thence run N
01013'58" W, parallel with the west line of the southwest 1/4
of said Section 6, for a distance of 945,56 feet to a point on
the southerly line of that parcel of land located in said
Section 6 as the same is described in O.R. Book 1481 at Page
1852 of the Public Records of Collier County, Florida, said
parcel being shown on the Hole, Montes and Associates, Inc,
boundary and location survey, having drawing no. A-365, sheet
3, dated 10/26/89, and the point of beginning of the parcel of
land herein described; thence rUn S 89054' 34" E along said
southerly line for a distance of 939.91 f-eet; thence run tl
01017'22" IV for a distance of 2.21 feet; thence run tl
89055'51" W for a distance of 939.90 feet; thence run S
01013'58" E for a distance of 1.87 feet to the point of
beginning, containing 1,917,4 square feet, mo,-e or less;
AIW
LEGAL DESCRIPTION
Vineyards Of Naples
. DOA-2005-AR-8113
Page 2 of 3
~""."'---_.~"'-"-"'-'---'--"-'-"--
^ portion of Section 8, Township 49 South, Range 26 East,
Collier County, Florida, being more particularly described as
follows:
Commence at the southwes t corner of Sect ion 8, Townsh ip 49
South, Range 26 East, Collier County, Florida; thence along
south line of said Section 8 north 89034 '44" east 1557.48
feet; thence north 00025'16" west 54.00 feet to the north
right-of-way line of Pine Ridge Road (C896) and the point of
beginning of the parcel of land hereinafter described; thence
north 00025'16" west 125.40 feet to a point .on a non-
tangential curve; thence along a curve to the left having a
radius of 135.00 feet a central angle of 21044'22" an arc
length of 51.22 feet and a chord which bears north 79033'09"
west to a point of tangency; thence south 89034'44" west a
distance of 344.06 feet to a point of curve; thence along a
curve to the right having a radius of 470,20 feet a central
angle of 22011'05" an arc length of 182.06 feet and a chord
which bears north 79019'22" west to a point of tangency;
thence north 68014'11" west a distance of 225,30 feet to a
point of curve; thence along a curve to the right having a
radius of 465,00 feet a central angle of 53017'19" an arc
length of 432,48 feet and a chord which bears north 41035'31"
west to a point of tangency; thence north 14056'52" west a
distance of 506.21 feet to a point of curve; t~ence along a
curve to the right having a rad~us of 965,00 feet a central
angle of 15009'09" an arc length of 255.20 feet and a chord
which bears north 07022'18" west; thence north 89047'43" west
a distance of 107.28 to the west right of way of.1-75; thence
south 14056'52" east a distance of 789.56 feet to a point of
curve; thence along a curve to the left having a radius of
1065.92 feet a central angle of 17006'58" an ~rc length of
318.42 feet and a chord which bears south 23030'21" east to a
point of compound curve; thence along a curve to the left
having a radius of 109.82 feet a central angle of 49015'16" an
arc length of 94,41 feet and a chord which bears south
56041'28" east to a point of tangency; thence south 81019'06"
east a distance of 103,44 feet to a point of curve; thence
along a curve to the right having a radius of 210,00 feet a
central angle of 72043'24" an arc length of 266.54 feet and a
chord which bears south 44057'24" east; thence south 86030'04"
east a distance of 172.41 feet; thence north 89034'44" east a
distance of 472.50 feet to the point of beginning, and
containing 4.76 acres more or less.
LEGAL DESCRIPTION
Vineyards Of Naples
DOA-2005-AR-8113
Page 3 of 3