Resolution 1995-457
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DEVELOPMENT ORDER 95- 4
RESOLUTION NUMBER 95-457
A UESOLUTION AI>(ENDING DEVELOPMENT ORDER
NUMBER 90-1, OF THE REGENCY VILLAGE OF
NAPLES DEVELOPMENT OF REGIONAL IMPACT
(DRI), BY PROVIDING FOR: SECTION ONE,
AMlmDING THE DATE OF INITIAL COMMENCEMENT
OF DEVELOPMENT, AND THE DATE OF EXEMPTION
FROM DOWN-ZONInG; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, CONCLUSIONS OF
LA' 1; SECTION FOUR, EFFECT OF PREVIOUSLY
ISJUED DEVELOPliENT ORDER, TRANSMITTAL TO
DC... I AND EFFECTIVE DATE.
WHEREAS, the Board of Cour;ty Commissioners (f Collier County,
Florida approved Development Or,:er 90-1 (the Dev. lopment Order) on
April 6, 1990, w lich approved a Development of Re~ Lonal Impact (DRI)
known as Regency Village of Naple1; and
WHEREAS, the Regency Villag~: of Naples DRI Development Order was
appealed by the Florida Department of Community Affairs resulting in a
StipUlated Set.tlement Agreement between the parties, and an amended
Development Order 90-7 was is! .Ied by Collier C('Jnty which became
effective on October 23, 1990; ar I
WHEREAS, thE Application :or Development Approval (ADA) was
incorporated j nte. and by reference made a part of the Dovelopment
Order; and
WHEREAS, the real property which is the subject of the Development
Order is legally described anr set forth in E:.hibit "A" to the
Development Order; and
WHEREAS, the owners of the RI property desire to extend the date
by which significant physical development is to bel;in, by four years
and eleven (11) mcnths; and
WHEREAS, Ala.: D. Reynolds, r~presenting Tavilla Realty Associates,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend the Development Order; and
WHEREAS, the Collier County planning Commissicn has reviewed and
considered the report and recommendations of the Southwest Florida
Regional Planninr Council (SWFRPC) and held a public hearing on the
petition on June .5, 1995; and
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AUG - 8 1995
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
County Planning C,,,rnmission and held a public hearing on the petition on
d"......~~ i 1995;
NOW, THEREf ORE, be it resol ved by the Board of County
Commissioners of I.=ollier County, Florida that:
SECTION ONE: AMnDMENT OF DEVELOPMENT ORDER
Paragraphs : and 4 of an untitled Section of Development Order
90-1, as amended, for the Regency Village of Naples is hereby amended
to read as follows:
3. This Devl'lllopment Order ~lhall remain in e1 fect for ten (10)
years trIm the date of commencement of JL qniticant physical
developm(:nt. lIe'W'evel" r ~hysieal develeplIIl.Nt shall eellll8ftee
'W'i~hift ~~ ~ years e4 ~ iss~oftee &f a Fiftol ~
De"..elepIllNt& ~ el& ~',di"/isieft ~ t litft (whiehever 4:e
applieah~ aM 4-.In the event s\:lhstantial .I.l.anificant Dhysical
development has not commenced within .f4.ye f5t ten (10) years
less one dOY of the adoption of this Development Order (October
23. 1990). development approval will terminate and this
Development Order shall no longer be effec;ive. By extending
the commencement of development date. it is IJnderstood that the
build-out date and Dhasi'-a dates are also extended bv five (5)
vears less one day. For purposes of this requirement
"significant physical C 'Nelopment" does . ot include roads,
drainage or landscapinl but does inclu(~I! construction of
buildings or installatic ;'1 of utilities and facilities such as
sewer and water lines. ~ lis time periOd may be extended by the
Board of (:ounty Commissivners upon request by the Developer in
the ~vent that uncontrollable circumstances delay the
commencement of development.
4. Pursuant to Section 380.06(15) (C)3, Flor:da Statutes, this
project is exempt from down-zoning or ir1;ensity or density
reduction for a periOd o~ seve" t=1+ twelveWl years less one
~ from the date of ado tion of the Develo~nent Order, subject
to the c'Jnditions and limitations of sl,'.d Section of the
Florida S'~atutes, provid d that physical d( lelopment commences
within ~ f5t ten (1- L years less one .~ as provided in
Section 3 thereot.
SECTION TWO: FINDINGS OF FAC~
A. That th'3 real property which is the subject of the proposed
amendment is legally described as set forth in Exhibit A, attached
hereto and by reference made a p~rt hereof.
B. The application is in accordance with Section 380.06(19).
C. The applicant submltted to the County a I Jotice of Change to
Previously Appro' ed DRI kno,"," ~ J Exhibit B, and by reference made a
part hereof.
aOOK 000 PACE 56
D. The applicant proposes the development of Regency Village of
Naples on 200 acres of land for, a commercial and residential
development described in Development Order 90-1, as amended.
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E.
A comprehensive review of the impact generated by the
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proposed change~ to the previously approved development has been
conducted by the County's departments and the SWFRPC.
F. The development in not in an area designated an Area of
Critical state C.oncern pursuant to the provisions of section 380.06,
Florida statutes, as amended.
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SECTION THREE: CONCLUSIONS O.I_Ld~
A. The proposed changes !_o the previously z pproved Development
Order are presull.ed to not const ,tute a substantial deviation pursuant
to Section 380.06(19), Florida E:atutes. The SCOpE of the development
to be permitted pursuant to thiu Development Order Amendment includes
operations described in the Notice ot Change to a Previously Approved
DRI, Exhibit B, attached hereto and by reference ma'~e a part hereof.
B. The proposed changes '0 the previously "pproved development
are consistent with the report s'ld recommendations of the SWFRPC.
C. The pre,posed changes 0 the previc.usly approved development
will not unre~sonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicab.e to the area.
D. The proposed changes to the previously .'pproved Development
Order are consistent with the Cr1.lier County Growth Management Plan and
the Land Developnent Regulation~ adopted pursuant t lereto.
E. The proposed changes ;0 the previously ipproved Development
Order are consistent with tha State Comprehensive Plan.
F. The proposed changes are presumed to not constitute a
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substantial devi.ltion pursuant to Subsection 380.06(19) (c), Florida
statutes.
SECTION FOUR:
A. Except as amended hereby, Development {rder (# fS- f) shall
remain in full force and effect, binding in accorc'ance with its terms
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on all parities. hereto.
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AUG - 8 1995
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B. Copies of this Development Order 95-1 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 FURTHI',R RESOLVED that this Resolution be recorded in the
minutes of this coard.
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cornmissionel:
It orris
offeree the foregoing
Resolution and moved for its ado);tion, seconded by (ommissioner
Mac'Kie
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and upon :'oll call, the vote was:
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AYES:Commissione~ Norris~ Commis. ioner Mac'Kie~ Coml issioner Hancock~
Commissionec Constantino an'J Commisioner Matth"ws
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
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Done this
'ay of
8th
AUQust _____, 1995.
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CHAIRMAN
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ATTEST:'. " ". ;.:,
J)WtGHT E:;.~ BRCrcK:, CLERK
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A? )~O.VED AS TO ,'9RM AND LEGAL Sl'FICIENCY:
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ASSISTANT COUNTY 'TTORNEY
DOA-95-1/ew/14740
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