Resolution 1999-382 DO 1999-003
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DEVELOPMENT ORDER 99-~
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RESOLUTION NO 99 -~2
A RESOLUTION AMENDING DEVELOPMENT ORDER 85-
4, AS AMENDED OF THE PARKLANDS DEVELOPMENT
OR REGIONAL IMPACT (DRI), BY PROVIDING FOR
SECTION ONE TO AMEND THE DATE THE
DEVELOPMENT REMAINS IN EFFECT WHILE
EXTENDING THE DATE BY WHICH TIME SIGNIFICANT
PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION TWO,
FINDINGS OF FACT, SECTION THREE, CONCLUSIONS OF
LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order 85-4 as amended (the Development Order) on September 10, 1985, which
approved a Development of Regional Impact (DR() known as Parklands: and
WHEREAS, an appeal by the Department of Community Affairs resulted in a settlement
which was approved on March 12, 1986 establishing the tolling dale for purposes of this
Development Order~ and
WHEREAS, the Board of COUnlY commissioners approved Resolution Number 93-288
which amended the Parklands Development Order, on July 27, 1993 having the effect of
extending the date from 10 years to 14 years from the date of approval for initiation of significant
physical development; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a pan 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 again extcnd the time Ihal the
development order remains in efTect~ and
WHEREAS, Neale Montgomery, of Pavese, Garner, Havenfietd, Dalton, Hamson &
Jensen, LL.P. and Karen Bishop, of PMS, Inc., representing Dewey R. Gargiulo, and Michael
Procacci, Trustees, and Ronto Development Group, petitioned the Board of County
Commissioners of Collier County, Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has rev1ewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on the petition on September 2. 1999; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the report and recommendations of the Southwest Florida Regional Planning Council
Words underlined are additions; Words stE"l::l.e:lt th:l'et:l~k are
deletions
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(SWFRPC) and the Collier County Planning Commission and held a public hearing on the
petition on September 28, 1999; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida tha..
SECTION ONE. AMENDMENT OF DEVELOPMENT ORDER
Paragraph 3 of an untitled section to Development Order 85~4. as amended, the
Parklands, is hereby amended to read as follows'
This Development Order shall remain in effect for the duration of
the project. However, in the event that significant physical
development has not commenced witRin fel:1rteen-yeafS bv March
11 2003 in Collier County, development approval will terminate
and this development order shall no longer be effective. For
purposes of this requirement "significant physical development"
does not include roads, drainage or landscaping but does include
construction of buildings or installation of utilities and facilities such
as sewer and water lines. This time period may be extended by the
Board of County Commissioners upon request by the Developer in
the event that uncontrollable circumstances delay the
commencement of development,
SECTION TWO FINDINGS OF FACT
A. That the real property which is the subject of this amendment petition is
legally described as set forth in Exhibit "A", attached hereto and by
reference made a part thereof.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The applicant proposes the development of the Parklands on 642.2 acres of
land for mixed residential uses and golf course/recreation open space.
D. The requested amendment to the previously approved Development Order
is consistent with the report and review of the SWFRPC
E. A comprehensive review of the impact generated by the requested
amendment has been conducted by the County's departments and the
SWFRPC.
F. The development is not in an area designed an Area of Critical State
Concern pursuant to the provisions of Section 380,06, Florida Slatutes, as
amended.
SECTION THREE: CONCLUSIONS OF LAW
A. The requested amendment it the previously approved Development Order
is consistent with the repon and recommendations oflhe SWFRPC.
B. The proposed amendment to the previously approved Development Order
will not unreasonably interfere with the achievement of the objectives of
the adopted State Land Development Plan applicable to the area.
Words underlined are additions; Words 6tI~c:;1( throl::lgn are
deletions
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C. The proposed amendment to the previously approved Development Order
is consistent with the Collier County GroW1h 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.
SECTION FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERIS)
TRANSMITT AL TO DCA AND EFFECTIVE DATE
A Except as amended hereby, Development Order 85-4 shall remain in full
force and effecl, binding in accordance with its terms on all parties thereto.
This amended Development Order shall take precedence over all other
applicable previous Development Orders which are in conflict thereof
B. Copies of this Development Order ~ 1t..,,3 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.
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.
Done this ~~ "", day of 3.."'".......~9- , 1999
BOARD OF COUNTY COMMISSIONERS
CO IER COUNTY, FLORlDA
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ATTEST:
DWIGHT E.BROCK, Clerk
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Attest IS to 01.1......'
slgn.turt on1"
Approved as to Form and Legal Sufficiency
-nv'idt ,).. ril fJUuJi.-..l
Marj e M. Student
Assistant County Attorney
1700.....99.02
Words underlined are additions; Words stl':\;:l~ll th!~1:1!lo1 are
deletions
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FORM RPM-BSP-PROPCHANGE.I
fA !E <C IF. r \/,' iF. Jl)
JUN 1 ~ lC!QQ
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904-488-4925
DOA99-02
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DR! be made to the local government, the regional planning agency, and the
state land planning agency according to this form.
1, 1; Karen Bishop, am the undersigned authorized representative of Ronto Development
Group, Me, Dewey Gargiulo and Me, Michael Procacci, Trustees, are the owners of the subject
property, The owners do hereby give notice of a proposed change to a previously approved
Development ofRegionaJ Impact in accordance with Subsection 380,06(19), Florida Statutes, In
suppon thereo( I submit the following information concerning the amendment which information is
tIUe and correct to the best of my knowledge, I have submitted today, under separate cover, copies
of this completed notification to Collier County, to the Southwest Florida Regional Planning Council,
and the Bureau of State Planning, Dep ment of Community Affairs.
Dat?fJJq0
Karen Bishop
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2. Applicant (name. address. phone),
Ronto Group
3185 Horseshoe Drive South
Naples, Florida 34104
(941) 649-6310
3. Authorized Agent (name, address. phone),
Neale Montgomery
Pavese, Gamer, Haverfield, Dalton, Harrison & Jensen, L.L.P.
1833 Hendry Street, Post Office Drawer 1507
Fort Myers, Florida 33902-1507
(941) 334-2195
Karen Bishop
PMS, Inc,
2335 Tamiami Trail North, #408
Naples, Florida 34103
(941) 435-9081
.c, Location (City, County. TownshipfRange/Section) of approved DRI and proposed
change.
The property is located in Section 9, Township 48 South, Range 26 East, Collier County,
Florida
5. Provide a complete description of the proposed change. Include any proposed changes
to the plan of development, phasing, additional lands, commencement date, build-out
date, development order conditions and requirements, or to the representations
contained in either the development order or the Application for Development
Approval.
Indicate such changes on the project master site plan. supplementing with other
detailed maps, as appropriate. Additional information may be requested by the
Department or any reviewing agency to clarify the nature of the change or the resulting
impacu.
The application is a request to amend the date for commencement of the project, The
commencement date was established in the Development Order 85-4, on page 29, paragraph
3, The date for commencement was ten years from the date of development approval, The
original DR! DO was appealed, so the date of development approval was subsequent to the
September 1985 approval, The applicant would submit that the actual approval dale was on
or about March 12, 1986 because that is the date the Final Order of Dismissal was filed by
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the Florida Land and Water Adjudicatory Commission. The ten-year period to commence
would have expired, under this calculation, on or about March 12, 1996. The time frame for
commencement was extended by Resolution 93.288lDevelopment Order 93-1 for a 4-year
period, The language was amended to provide that the development would have to
commence in 14 years. The time to commence is at the present time, March 12, 2000,
The applicant is working to develop its development plans for the property, and preliminary
work on the drainage, transportation and other issues is ongoing. The applicant is going
forward and spending money in reliance on the DR! DO. The applicant does not want to
work through all of the development and permitting issues only to find that they have run out
of time, They are also concerned that commencement does not include roads and
landscaping, One of the first steps in the development of the project will be the roads,
drainage, and other infrastructure. The applicant does not want to find itself with a significant
investment in roads and drainage which is definitely commencement from the applicant's
perspective, but which isn't commencement from the perspective of the DR! DO, and find it
has run out of time to commence. Thus, the applicant is hereby requesting an extension of
the commencement date established in the DR! DO for a period of less than seven years, The
applicant previously requested a 4-year 364-<lay extension, but the extension that was actually
approved was a 4-year extension. Thus, this request is for a 2-year 364-day extension, That
would place the date for commencement at March 11,2003. Section 380,06(19), F,S,
regulates extensions of the build-out date. The applicant is not asking to extend the date for
completion of the project, the applicant is merely requesting an extension of the date to
commence. The applicant envisions initiating work in the Lee County portion of the project.
The pro fonnas for the project are based on the entire Parklands DR!. The economic
feasibility of the project depends upon the ability of the applicant to complete the entire DR!.
The actual language change is as follows:
), This Development Order shall remain in effect for the duration of the project.
However, in the event that significant physical development has not
commenced within fuul te~h bv March 11, 2003 in Collier County,
development approval will tenninate and this development order shall no
longer be effective. For purposes of this requirement "significant physical
development" does not include roads, drainage or landscaping but does
include construction of buildings on or installation of utilities and facilities
such as sewer and water lines. This time period may be extended by the
Board of County Commissioners upon request by the Developer in the event
that uncontrollable circumstances delay the commencement of development.
6. Complete the attached Substantial Deviation Detennillation Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no
change.
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There is no need to provide a substantial deviation chart because there is no change to any
of the land use types.
7. List all the dates and resolution numbers (or other appropriate identification numbers)
ofall modifications or amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a brief description of the
previous cbanges (i.e., any information not already addressed in tbe Substantial
Deviation Detennination Chart), lIas tbere been a cbange in local government
jurisdiction for any portion (lfthe development since tbe last approval or development
order was issued? If so, bas tbe annexing local government adopted a new DRI
development order for tbe project?
There has been no change in the local goverrunent with jurisdiction over the project. Tbe DR!
DO was previously amended by Development Order 93-llResolution Number 93-288, Tbe
prior change removed the y, section (East Y, of Section 8) of land from the DR!, adjusted the
number of units to reflect the removal of the East Y, of Section 8, The change did not adjust
the mitigation to reflect the reduction in impacts.
8. Describe any lands purchased or optioned within Yo mile of the original DRI site
subsequent to the original approval or issuance of the DR! development order. Identify
such land, its size, intended use, and adjacent non-project land uses within y, mile on
. project master site plan or other map.
The owners oflhe DR! have not purchased additional lands within Yo mile of the original DR!
site.
9.
Indicate if the proposed change is less than 40% (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes.
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The change is less than 40% of the criteria listed in Paragraph 380,06(l9)(b), F,S,
10.
Does the proposed change resull in a change to tbe buildout date or any pbasing date
of the project? Hso, indicate tbe proposed new buildout or phasing dates.
Yes, tbe change results in an extension of the date for commencement of development.
11. Will tbe proposed change require an amendment to tbe local government
comprehensive plan?
No, the cbange will not require an amendment to the comprehensive plan,
Provide tbe following for incorporation into sucb an amended development order, pursuant
to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code:
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12. An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DR! or development
order conditions.
The master site plan has not been changed significantly from the Map H on file,
13. Punuant to Subsection 380.06(19){f), F,S., include the precise language that is being
proposed to be deleted or added as an amendment to the development order. This
language should address and quantify:
a. AU proposed specific changes to the nature, phasing, and built-out date of the
development; to development order conditions and requirements; to
commitments and representations in the Application for Development
Approval; to the acreage attributable to each described proposed change orland
use, open space, areas for preservation, green belts; to structures or to other
improvements including locations, square footage, number of units; and other
major characteristics or components of the proposed change:
Please refer to the response to question 5. for the precise language. The amending
language is restated below:
3. This Development Order shall remain in effect for the duration of the project.
However, in the event that significant physical development has not
commenced within fou. t",,, bv March 11. 2003 in Collier County,
development approval will tenninate and this development order shall no
longer be ~ffective. For purposes of this requirement "significant physical
development" does not include roads, drainage or landscaping but does
include construction of buildings on or installation of utilities and facilities
such as sewer and water lines. This time period may be extended by the
Board of County Commissioners upon request by the Developer in the event
that uncontrollable circumstances delay the commencement of development.
F:\WPOAT AINM\RONl'OlCOWER.NOP
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
'Helping Floridians create safe, vibrant, sustainable communilies'
IEB BUSH
GO\Iernor
STEVEN M. SEIBERT
Secref..ry
Novemher 5. 19CJc)
,:. 'I.:
Ms, Ellie HolTman, DeplHY Clerk
CountyorCollier
Collier County Court House
3301 Tamiami Trail East
Naples, Florida 34101-3044
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Re: Parklands DRI; File No. ADA-0984-055
Adopted Amendment to the Development Order
Dear Ms. Hoffman:
We have received the adopted amendment to Ihe development order (D.O,) for the Parklands
Development of Regional Impact (DIU). The 0,0. was rendered to Ihe Department on October I, 1999,
and received on OClobcr 4, 1999. II has been determined that the development order amendmenlmeets
the requiremenls of Section 380.06( 15), Florida Statutes, and Rule 9J-2.025. Florida Adm inistrative
Code, The Department has no comments relating to the subject development ordt.'f 3mcndmcnl and will
not appeal ils adoption.
If you have any questions or comments concerning this malter. plt:asc call JdTr~y Griswold.
Planner, al (850) 487-4545.
S"Jr/
Bob Cambric, ,lcp
Growth Manngcmcl1t ^dlllillistrator
Be/jig
cc: Mr. Wayne Daltry, Southwest Florida Regional Planning Council
Mr. Neale Montgomery. applicant's representative
Ms. Karen Bishop. applicant's representative
2SSS SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100
Phone: (8S0) 488-6466/Suncom 276.8466 FAX: (850l92\.Q781/Suncom 291.0781
Internet addreB: hltp:llwww.SI.lle.fl.us/comaUI
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