Resolution 1992-221/DO 92-3
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RESOLUTION 92- 221
DEVELOPMIlNT ORDER 92- 3
A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1 OF THE
TWELVE LAKES DEVEI~PMENT OF R!GIONAL IMPACT
(DRI)" AS PREVIOUSI,Y AMENDED BY RESOLUTION NUMBER
87-110 BY PROVIDING FOR: SECTION ONE A, AMENDING
THE PHASING SCHEDULI: BY REFERENCE TO APPLICATION
FOR DEVELOPMENT APPEOVAL; SECTION ONE B, AMENDING
THE GENERAL CONSIDEF~TIONS SECTION; SECTION ONE C,
AMENDING OTHER SEC'l'IONS WITHIN THE DEVELOPMENT
ORDER RELATING Tel THE REQUIRED DATE FOR
COMMENCEMENT OF CONS:'l'RUCT!ON AND TERMINATION DATE
FOR THE PR03ECT; SI:CTION TWO, FINDINGS OF FACT;
SECTION THREE, CONCI~SIONS OF LAW; SECTION FOUR,
EFFECT OF PREVIOUSI,Y ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AIm EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 87-1, which approved a Development
ot Regional Impact (DRI), known as Twelve Lakes on February 10, 1987;
and
WHEREAS, as a result of changes requested by the Department of
Community
Atfairs, the Board
ot County Commissioners
approved
Resolution Number 87-110, whicn amended the Twelve Lakes Development
Order, on May 19, 1987; and
WHEREAS, the Application for Development Approval (ADA) was
incorporated into and by reff!rence made a part of the Development
Order; and
WHEREAS, the real property which is the subject ot the Development
Order is legally described ,md set forth in Exhibit "A" to the
Development Order; and
WHEREAS, the owners of the, DRI property are des~rous of amending
the Development Order; and
WHEREAS, George R. Varnadoe, representing the C and S Souvran
Trust co., Twelve Lakes, petitioned the Board of County Commissioners
of Collier County, Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
. noo PAG, 97
Words underlined are additions; Words e~rHek-~ftreHqft are deletions.
APRIL 7. 1992
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',~tRegional Planning Council (SWFRPC:) and held a public hearing on the
. petition on March 5, 1992; and
WHEREAS, the Board of count~r Commissioners of Collier county has
reviewed and considered the reports ot the SWFRPC and the Collisr
County Planning commission and held a public hearing on the petition on
-
April 7, 1992;
NOW,
THEREFORE, BE
IT
RESOLVED BY THE
BOARD OF OOUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment of Development Order
A. The Phasing Schedule .of the Application for Development
Approval, Exhibit "B" to Development Order 87-1, as amended tor Twelve
Lakes is hereby amended to read as follows:
Total
Phase Duration ~!llina Units
I 199911-1998ll 269
II 1999ll-199i!22 207
III 199ill-199411 301
IV 1999ll-1996ll 232
V 1995.2.J!.-19991QQ1 310
TOTAL 1,310
B. Conclusions of Law, Paragraph 13,
Commercial Acres
-0-
-0-
11. 25
-0-
-0-
11. 25
General Considerations,
Local conditions, Subsection c., ot Development Order 87-1, as amended,
for Twelve Lakes is hereby amended to read as follows:
c. The development Phasing Schedule presented within the ADA,
and as adjusted to date of development order approval ~
subseQUent aooroval of_ a Oevelooment Order amendment shall be
incorporated as a condition of approval. If Development
Order or amended Devl!looment Order conditions and Applicant
Commitments incorporated within the Development Order ~
amended Develooment ~ to mitigate regional impacts, are
not carried out as indicated to the extent or in accord with
the timing schedules specified within the Development Order
or amended Develooment Order and this phasing schedule, as it
mav have been amend~ then this shall be deemed to be a
substantial deviation for the affected regional issue.
c. Paragraphs 3 and 7 of an untitled section of Development
Order 87-1, as amended, for Twelve Lakes is hereby amended to read as
follows:
BE IT FURTHER RESOLVED by the 80ard of County commissioners of
Collier County, that:
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
Collier County within five--tSt eiaht (8\ years 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 installa.tion of utilities and facilities such as
sewer and water line:3. This time period may be extended by
the Board of County Commissioners upon request by the
Developer in the e'/ent that uncontrollable circumstances
delay the commencement of development.
7. The Board of Oounty Commissioners agrees that this project
shall not be subject to down-zoniny, unit density reduction
or intensity reduction for a period of 5 eiaht (8\ years from
the date of approvnl of this project, unless the local
government can demonlltrate that substantial changes in the
conditions underlyin9 the approval of the development order
w~s based on substantially inaccurate information provided by
the developer, or that the change is clearly established by
local government to be essential to the public health,
safety, or welfare.
SECTION TWO: FINDINGS OF FACT
A. That the real propert:y which is the subject of the proposed
amendment is legally described as set forth in Exhibit A, attached
hereto and by reference made a part hereof.
B. The application is J.n accordance with Section 380.06(19),
Florida Statutes.
D. The applicant propOSElS the development of Twelve Lakes on
262.33 acres of land for a commercial and residential development as
ducribed in Development Order (:7-1, as amended.
E. A comprehensive revJ.ew of the impact generated by the
proposed changes to the pre~'iously approved development has been
conducted by the County I s depart.ments and the SWFRPC.
F. The development is not in a area designated an Area of
Critical State concern pursuant: to the provisions of Section 380.06,
Florida Statutes, as amended.
. 000 PIG, 99
. Words underlined are additions; Words e~~Hek-~ftreHgft are deletIons.
;~; Florida statutes, as amended.
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.;' SECTION THREE: CONCLUSIONS OF LAW
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A.
The
proposed changes to the
previously approved Development
,
APRIL 7, 1992
F. The development is not in a area designated an AraB of
State concern pursuant to the provisions of section 380.06,
Order do not constitute a substantial deviation pursuant to Section
380.06(19), Florida statutes.
The scope of the development to be
pursuant to this Developmant Ordar Amendment includes
operations described in the Notice of Change to a Previously Approved
DRI, Exhibit B, attached hereto and by reference made a part hereof.
B. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development
will not unreasonably interfere with the achievement of the objectives
of the adopted state Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development
are consistent with the Collier County Growth Management Plan and the
Land Development Regulations adopted pursuant thereto.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 87-1 shall remain
in full force and effect, binding in accordance with its terms on all
parties thereto.
B. Copies of this Develo~ment Order 92-___ shall be transmitted
immediately upon execution to the Department of Community Affairs,
Bureau of Land and Water Managen.ent, and the Southwest Florida Regional
Planning Council.
C. This Development OrdeI. shall take effect as provided by
law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
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.Words underlined are additions;; Words e~rHek-~hre~9ft are deletions.
Commissioner
Goodnip;ht
.Resolution and moved for its adoption, seconded by Commissioner
Hasse
APRIL7, 1992
offered the foregoing
and upor. roll call, the vote was:
NAYS:
AYES: Calmissioner Goodnight, Camrl.l:sioner Hasse, Ccmnissioner Shanahan,
Calmissioner Saunders and CamIissioner Volpe
Done this
7th
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"J~~IS'rANT COUNTY ATTORNEY
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. day of . April
, 1992.
E.OARD OF ZONING APPEALS
COLLIER C UNTY, FLORIDA
EY: YLt
MICHAEL J CHAIRMAN
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APRIL 7, 1992
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LEGAL DESCRIPTION
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.The subje.ci .property .Is i62.33 acres in area,
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I t is described as:
That.portlon of the east 1/2 of S~etlori II. Township SO S, Range 26 .E,
Collier County, Florida., ioeated north of the right-of-way for Davis
Boulevard (SR S-856) and south of the right-of-way for Radio Road (SR
S-858). <
Exhihit itA"
. 000 P!f,,102
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