CCPC Agenda 07/07/2011 R
Agenda
Collier County
Planning Commission
Regular
Meeting
July 7, 2011
AGENDA
"REVISED"
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JULY 7, 2011, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 T AMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HA VE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIA TE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - May 19, 2011, June 2, 2011
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
1
8. CONSENT AGENDA ITEMS
A. RZ-PL2009-25: The Gordon River Greenway Park - an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, which established the Comprehensive Zoning Regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate Zoning Atlas Map or Maps by
changing the zoning classification of the herein described real property from Rural Agriculture (A), Rural
Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) a with an ST
Overlay, Commercial Intermediate (C-3), Residential Multi-family District 6 [RMF-6(3)] and Residential
Multi-family District 6 [RMF-6(3)] with an ST Overlay zoning districts to the Public Use (P) zoning
district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by
providing an effective date. The 123.6+/- acre subject property is located on the east side of Goodlette-
Frank Road (CR-851) and south of Golden Gate Parkway (CR-886), in Sections 27 and 34, Township
49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal
Planner]
9. ADVERTISED PUBLIC HEARINGS
A. Note this item has been continuedfrom the May 19, 2011 CCPC meeting:
DOA-PL2010-274: Heritage Bay DRI -A Resolution amending Development Order 03-01, Heritage Bay,
a Development of Regional Impact, providing for Section One: Addition of Buildout Date and Extension of
Expiration Date; 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 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County,
Florida [Coordinator: Kay Deselem, AICP, Principal Planner]
B. DOA-PL2011-0354: 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. [Coordinator:
Kay Deselem, AICP, Principal Planner)
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
6/20/2011 CCPC Agenda/Ray Bellows/jrnp
2
AGENDA ITEM 9-A
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c3fi~-y County
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STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DNISION--PLANNING & REGULATION
HEARING DATE: MAY 19,2011
SUBJECT:
DOA-PL2010-274: HERITAGE BAY DRI
APPLICANTS:
Darin McMurray, Vice President
Lermar Homes, LLC
10481 Ben C. Pratt Six Mile Cypress Pkwy.
Fort Myers, FL 33912
Richard McCormick, Vice President
of Land Development
Pulte Home, Inc.
9240 Estero Park Commons Blvd.
Estero, FL 33928
AGENT:
R. Bruce Anderson, Esquire
Roetzel & Andress, LP A
850 Park Shore Drive
Naples, FL 34103
REQUESTED ACTION:
The petitioner seeks an amendment to the Heritage Bay Development of Regional Impact (DR!)
Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the
following changes:
1) Add a buildout date to the DRI DO; and
2) Incorporate the previously administratively approved F.S. Chapter 380.06.(l9)c 2007- and 2009
extension amendments; and
3) Further extend the DRI DO expiration date and buildout date by four years and three hundred
sixty-four days to September 10,2028 (expiration date) and December 30,2019 (buildout date).
GEOGRAPHIC LOCATION:
The subject 2,562:1:-acre property is located in the northeastern quadrant of the intersection of Collier
Boulevard (CR 951) and Immokalee Road (CR 846) in Sections 13, 14,23, and 24, Township 48 South,
Range 26 East, Collier County, Florida. See the map on next page for details.
Heritage Bay DRI: DOA-PL2010-274
May 19, 2011 eepe
Revised 4/25/11
Page 1 of 5
PURPOSEIDESCRIPTION OF PROJECT:
CURRENT REQUEST: According to the petitioner's narrative statement, this petition was submitted to
accomplish the following:
This Notice of Proposed Change (NOPC) is to add the buildout date to the development order
and to extend the buildout date and expiration date of the Development Order. By virtue of the
2007 (three year extension) and 2009 (two year extension) Amendments to Section 380.06(19)(c)
FS, the Development Order has been extended automatically for a total offive years. A copy of
the documentation from Collier County that the development meets the requirements for the
three and two year extensions is attached. As provided in Section 380.06(19)(c)F8, these
statutory authorized automatic extensions are not a substantial deviation and will not be
considered when determining whether a subsequent extension is a substantial deviation. This
NOPC seeks to further extend the Buildout Date and Expiration Date of the Development Order
by four years and three-hundred and sixty four days. Section 380. 06(19) (c) F8, also states that
an extension of a buildout date of five years or less is not a Substantial Deviation. Based on the
foregoing, the new Development Order Expiration Date would be September 10, 2028 and the
new Buildout Date would be December 30, 2019. No other changes to the Development Order
are proposed.
DR] HISTORY: The Board of Collier County Commissioners approved the DRI DO for this project with
Resolution #03-255 (DRI DO #03-01). The project was originally approved for a total of 3,450 dwelling
units; 200 assisted living facility units; 200,000 square feet of commercial area, 1,137 acres of lakes
recreation, open space, buffers and 54 holes of golf; 863 acres of conservation/preserve area and 7.73
acres of governmental uses (included satellite facilities for constitutional offices, fire and emergency
medical services as well site and utility pump station). Except as described above, there have been no
other DRI DO amendments to this project. No changes to the intensity of uses or additional uses are
proposed as part of this amendment.
SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC):
The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 21, 2011.
DRI DO #03-01 (Collier County Resolution #03-255) Conclusions of Law 1.E. that states the following:
At any time in the future, should the Developer request an extension to the approved build-out
date for the project, the Developer shall re-examine the housing needs of the project and provide
an updated re-analysis of the affordable housing required.
In response, the RPC staff report includes the following analysis of Regional Goals, Resources or
Facilities:
Because there are no land use changes and the law allows for these extensions cumulatively
totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and
impacts on regional resources and facilities cannot be assessed for change. The development
order did trigger an affordable housing condition that required a reanalysis of the affordable
housing impacts if an extension was requested. However, the county housing development
manager waved this requirement because his opinion is based, in part, on "the current real estate
market and significant downward price adjustment since 2003. Home values in Collier County
have declined 48.4% since the peak. Furthermore, 70.1% of homes sold in Collier County are
Heritage Bay DRI: DOA-PL2010-274
May 19, 2011 ccpe
Revised 4/25/11
Page 2 of 5
now affordable to a family earning the local area median income. As such, there is no need to
conduct a re-anaZysis of the affordable housing component of Heritage Bay during the NOPC
process." The SWFRPC staff concurs with waving this requirement.
The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The
RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A
copy of the RPC assessment is included in the application package.) The RPC recommends acceptance of
the proposed development order amendment if the following is incorporated into the DRI DO:
This development order shall remain in effect for fifteen (J 5) years from the date it become final
and effective until September 10, 2028. The buildout date for the development shall be December
30,2019.
In addition, the RPC recommends the following:
1. NotifY Collier County, the Florida Department of Community Affairs (DCA) and the
applicant that the proposed changes do not create additional regional impacts and that Council
participation at the local public hearing is not necessmy, unless requested by the County for
technical assistance purposes.
2. Request that Collier County provide a copy of any development order amendment related to
the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the
Notice of Proposed Change.
Recommendations #2 is the customary procedure following by Collier County staff and staff will provide
a copy of the approved development order to the RPC.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
COUNTY STAFF ANALYSIS:
Development authorizations contained in DR! Development Orders are prerequisites to zoning actions
that implement DRI land use authorizations. DR! Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation
under Sub-chapter 380.06(19)(c), Florida Statutes that states:
An extension of 5 years or less is not a substantial deviation. . . . Any extension of the build out date
of a project or a phase thereof shall automatically extend the commencement date of the project, the
termination date of the development order, the expiration date of the development of regional
impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real
estate market conditions, all phase, buildout, and expiration dates for projects that are
developments ofregionaZ impact and under active construction on July 1, 2007, are extended for 3
years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not
subject to further development-of-regional-impact reviell', and may not be considered when
determining whether a subsequent extension is a substantial deviation under this subsection.
During the 2009 legislative session, Section 14(1) of SB 360 was passed to provide in part as follows:
Heritage Bay DRI: DOA-PL2010-274
May 19, 2011 eepe
Revised- 4/25/11
Page 3 of 5
Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any
permit issued by the Department of Environmental Protection or a water management district
pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1,
2008, through Janumy 1, 2012, is extended and renewed for a period of two years following its
date of expiration. This extension includes any local government-issued development order or
building permit. The two-year extension also applies to build-out dates including any build-out
date extension previously granted under s. 380.06(19)(c), Florida Statutes.
In a memo dated March 31, 2011 (copy attached), Frank Ranlsey the Collier County Manager of Housing
Development provided the following analysis regarding the DRI DO housing needs reanalysis
requirements (Conclusions of Law 1.E.):
Lennar Homes is processing a Notice of Proposed Change (NOPC) to the Heritage Bay PUD
(Ordinance 2003-40) to extend the build out date. Collier County's Housing, Human and
Veteran Services Department concurs with the Regional Planning Council's opinion that a re-
analysis of the affordable housing requirement is not necessary or required.
This opinion is based, in part, on the current real estate market and significant downward price
adjustment since 2003. Home values in Collier County have declined 48.4% since the peak.
Furthermore, 70.1% of homes sold in Collier County are now affordable to afamily earning the
local area median income. As such, there is no need to conduct a re-analysis of the affordable
housing component of Heritage Bay during the NOPC process.
Staff is of the opinion that it is appropriate to extend the dates for this project given the economic
situation. County staff, in recognition of a still somewhat stagnant economy, will be recommending that
the Board extend the Local Economic Emergency Ordinance (LDC Section 1O.02.13.D.12) for at least
one more year. Staff does not anticipate any increased impacts or increased demands on infrastructure if
this amendment is adopted, and further staff believes the proposed amendment is not contrary to any
Growth Management Plan provisions.
Using this DR! DO amendment opportunity to add a buildout date to the DRI DO, when there was none
included in the original action, makes a more clear record. This action is consistent with the current DRI
DO criteria wherein DR! DO document are supposed to contain a buildout date. The applicant's request
to incorporate the previously approved administrative extension requests creates a more complete record
of past action.
Staff recommends approval of the DR! DO amendment believing this amendment will not adversely
impact adjacent property owners or create an undue public safety concern ifthe DRI DO is adopted.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on April 25, 2011.
STAFF RECUMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
DOA-PL201O-274 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
Heritage Bay DRI: DOA-PL2010-274
May 19, 2011 cepe
Revised 4/25/11
Page 4 of 5
PREPARED BY:
~ f)-~
KA ~ELEM, AICP, PRINCIPAL PLANNER
DEP ARTMENT OF LAND DEVELOPMENT SERVICES
Lf /rq// (
DA E
REVIEWED BY:
lGv,rl~ 6. ;J~!-
RA y:M'OND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
1 (,0. ( (
DATE
b4 ~2~- Gt>( (
DATE
LIAM D. LO NZ, JR. ., DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
RATOR
4-zg ~}l
DATE
Tentatively scheduled for the July 26, 20 II Board of County Commissioners Meeting
Heritage Bay DRI: DOA-PL2010-274
May 19, 2011 eepe
Revised 4/14/11
Page 5 of 5
HERITAGE BAY DR!
DRI #11-2001-154
NOTICE OF PROPOSED CHANGE
Background
The 2,562 acre Heritage Bay Development of Regional Impact (DR!) is located in
unincorporated north Collier County at the northeast corner intersection of CR 951 and
Immokalee Road (see Location Map). The DRI Development Order (DO) defines construction
of 3,450 residential units, while the original DR! application proposed a mix of 1,160 single
family units, detached, attached and villas, 2,290 multi-family units, garden and mid-rise
condominiums. Other uses approved in the DO are 200 assisted living units and Village Centers
totaling 26 acres, which are located to provide residents with neighborhood focal points and will
contain 30,000 square feet of commercial. A 40 acre Activity Center Commercial site at the
intersection of CR 951 and Immokalee Road will accommodate up to 50,000 square feet of
office uses and 150,000 square feet of retail. This center will provide services to both residents of
the DR! and the surrounding communities.
The DR! will also include 45 holes of golf, 460 acres of recreation, open space, golf, buffers and
lake, 863 acres of conservation and preservation areas, 190 acres of development lakes, 487
acres of recreation lakes, 71 acres of right-of-way, a 2.5 acre fire, sheriff and emergency medical
station site, and a 5 acre general government site for future satellite county offices (see Master
Development Plan). The proposed water management system has been designed to provide
water quality enhancement and water storage for the Immokalee Road canal system by
attenuating offsite flows through the project. This storage will provide relief for an overtaxed
system. In addition, stormwater runoff will be allowed to traverse the property and rehydrate
wetlands, as well as receive fm1her treatment prior to entering the Cocohatchee Canal.
Wastewater treatment and water supply is provided by Collier County Utilities.
The project is planned to be constructed in one six-year phase, with project buildout in 2009.
Based on the last monitoring report at total of 267 single family units, 694 multifamily units, 54
holes of golf, 35,278 square feet clubhouse; 882 square feet tennis pro shop; 1,972 square feet
chickee bar; 7,986 square feet fitness center; and 5 tennis com1s; one community pool and three
satellite pools. While, The Quany has 2 clubhouses and 2 community pools. When final site
planning and permitting were conducted a conservation easement for 861 acres was placed over
the land. Of the total units constructed 66 are considered affordable housing.
Previous Changes
There have been no previous changes to the Heritage Bay DR!.
Attachment II shows the existing Master Development Plan for Heritage Bay DR!.
Proposed Changes
On February 11, 2010 a Notice of Proposed Change (NOPC) was submitted to add a buildout
date to the text in the development order. Incorporate the Chapter 380.06(l9)(c) amendments for
the automatic three (3) year and two year extensions approved by the legislature in 2007 and
2009, respectively for the development order expiration date and the buildout date. Furthermore,
extend the development order expiration date and the buildout date by four (4) years and three
hundred sixty-five (364) days, with the final result being that the new expiration date would be
September 10,2028 and the new buildout date would be December 30, 2019.
Regional Staff Analysis
The proposed changes have no presumption of a substantial deviation under Sub-chapter
380.06(19)(c), Florida Statutes. The statutory language in these sections is as follows.
"An extension of 5 years or less is not a substantial deviation. Any extension of the
buildout date of a project or a phase thereof shall automatically extend the
commencement date of the project, the termination date of the development order, the
expiration date of the development of regional impact, and the phases thereof if
applicable by a like period of time. In recognition of the 2007 real estate market
conditions, all phase, buildout, and expiration dates for projects that are developments of
regional impact and under active construction on July 1, 2007, are extended for 3 years
regardless of any prior extension. The 3-year extension is not a substantial deviation, is
not subject to further development-of-regional-impact review, and may not be considered
when determining whether a subsequent extension is a substantial deviation under tlus
subsection".
During the 2009 legislative session Section 14(1) of SB 360 was passed to provide in part as
follows:
"Except as provided in subsection (4), and in recognition of 2009 real estate market
conditions, any permit issued by the Department of Environmental Protection or a water
management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an
expiration date of September 1,2008, through January 1,2012, is extended and renewed
for a period of two years following its date of expiration. This extension includes any
local government-issued development order or building pennit. The two-year extension
also applies to build-out dates including any build-out date extension previously granted
under s. 380.06(19)(c), Florida Statutes".
Character, Magtutude, Location
No land use changes are proposed to the DR! therefore the character, magnitude and location of
the DRI will not change.
Regional Goals. Resources Or Facilities
Because there are no land use changes and the law allows for these extensions cumulatively
totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and
impacts on regional resources and facilities calmot be assessed for change. The development
order did trigger an affordable housing condition that required a reanalysis of the affordable
housing impacts if an extension was requested. However, the county housing development
manager waved tlus requirement because his opinion is based, in part, on "the CUlTent real estate
market and significant downward price adjustment since 2003. Home values in Collier County
have declined 48.4% since the peak. Furthermore, 70.1 % of homes sold in Collier County are
now affordable to a family earning the local area median income. As such, there is no need to
conduct a re-analysis of the affordable housing component of Heritage Bay during the NOPC
process". The SWFRPC staff concurs with waving this requirement.
Multiiurisdictional Issues
No muItijurisdictional issues will result from the proposed extensions.
Need For Reassessment of The DRI
There is no need to reassess the DRI as a result of the proposed changes.
Acceptance of Proposed D.O. Language
Regional staff recommends acceptance of the proposed development order amendment language
on page 28, paragraph 4 as follows.
This development order shall remain in effect for fifteen (15) years from the date it
become final and effective until September 10. 2028. The buildout date for the
development shall be December 30. 2019.
RECOMMENDED ACTIONS: 1.
Notify Collier County, the Florida Depmiment of
Community Affairs (DCA) and the applicant that
the proposed changes do not create additional
regional impacts and that Council participation at
the local public hearing is not necessary, unless
requested by the County for teclmical assistance
purposes.
2. Request that Collier County provide a copy of any
development order amendment related to the
proposed changes to the SWFRPC in order to
ensure that the mllendment is consistent with the
Notice of Proposed Change.
2011-04
DEVELOPMENT ORDER NO. 2011-_
RESOLUTION NO. 2011-_
A RESOLUTION AMENDING DEVELOPMENT ORDER 03-01,
HERITAGE BAY, A DEVELOPMENT OF REGIONAL IMPACT,
PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE
AND EXTENSION OF EXPIRATION DATE; 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 13,14,23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26
EAST IN COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collicr County, Florida approved
Development Order 03-01 (the "Development Order") by Resolution 03-255 on July 27, 2003,
which approved a Development of Regional Impact (DRI) known as Heritage Bay DR!; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2009, a three-year and two-year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on June 22, 2011, Developer provided written notice to County that it was
availing itself of thc automatic four year extension provided in Chapter 2011-139, Laws of
Florida to further extend the projected buildout datc and expiration date of the DR!.
WHEREAS, Bruce Anderson, Esquire ofRoetzel and Andress, P.A., representing Lennar
Homes, LLC and Pulte Home Corporation, petitioned the Board of County Commissioners of
Collier County, Florida to amend the Development Order by setting a buildout date and
extending the expiration date; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL20 I 0-274
Revised 6/27/11 I of 4
WHEREAS, on July 26, 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 ConID1ission, 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 rr RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 03-01
Conclusions of Law, Section 2 (FOLLOWING GENERAL CONSIDERA TlONS IS.G.)
of Development Order 03-01 is hereby amended to read as follows:
2. This development order shall remain in effect for fifteen (15) years from the
dute it becomes finul and effective, until September 10, 2032. The buildout
date for the development shall be December 30. 2023.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Heritage Bay DRI, which is the subject of
the proposed amendment, consists of approximately 2,562 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(l9)(e)1., FlOlida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Plalming Agency and Collier County as required by Section 380.06(19)(e)1. 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 tlve years is not subject to the
public hearing requirements of 10) and is not subject to a detennination pursuant to
subparagraph f(5)."
Words struck through are deleted; words underlined are added.
Heritage Bay DRI I DOA-PL2010-274
Revised 6/27/1 ] 2 of 4
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 April, 2011 that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State Concem
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
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)(t)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)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 struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL201 0-274
Revised 6/27/11 3 of 4
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.
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 favorable vote.
Done this _ day of
, 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY;
, Deputy Clcrk
FRED W. COYLE, Chairman
Approved as to form
and legal sufllciency:
y\f(\t\\
Heidi Ashton-Cicko v.\'/,'
Section Chief, Land Use/TranspOliation
Attachmcnt: Exhibit A - Legal Description
CP/lO-CPS-OIOI5\28
Words struck through are deleted; words underlined are added.
Heritage Bay DRI / DOA-PL2010-274
Revised 6/27/11 4 of 4
WilSl)nMiller
88
RECEIVED
AUG 1 9 2003
,'lfew DirecT/orts, 11.. PJ3r.m"ng, Desi9!'i & fn(Jill~(;;iilQ
S"{HIBIT A
LEGAL DESCRIPTION
HERITAGE BAY
COLLIER COUNTY, FLORIDA
Sections 13, 14,23 and 24, Less lhe South 100 fee! of Sections 23 and 24, Township 48 South, Range 26
East, Collier County, Florida, .
Containing 2562.3 acres, more or less.
Prepared by:
WlIsonWC:12..
r-ashfcrd, Pm'; s"ic~nal Surveyor & Mapper
egis!ratior, 1,10. L86305
See attE'ched sl!rWj,
Not valid without the signature and the orjginal raised seal of a Florida licensed surveyor and mapper.
P,I.N,: N0442-008-000-FLS1A, Ref.: 5L-242, Date: August 5, 2003
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Farf Myers Sarasota i"Bmpa fsllahaS:S8tJ Pal1sma CIty BeBch
4571 C%ni." Boulevard, Sui!e 700 For! My~{s, Florida 31912 239-935'-1020 g 239-939-7179 ,illi
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AGENDA ITEM 9-8
Co~r County
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STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DNISION--PLANNING & REGULATION
HEARING DATE: JULY 7, 2011
SUBJECT:
DOA-PL2011-0354: RONTO LNINGSTON DR! (AKA TUSCANY RESERVE)
PROPERTY OWNER & APPLICANT/AGENTS:
Owner/Applicant
Agents:
KE Tuscany Reserve Properties LLC
c/o John M. Gleeson
16990 Livingston Road
Naples, FL 334110
R. Bruce Anderson, Esquire
Roetzel & Andress, LP A
850 Park Shore Drive
Naples, FL 34103
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, Inc.
3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
The petitioner seeks an amendment to the Ronto Livingston Development of Regional Impact (DR!)
Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the
following changes:
1) Extend the buildout date by four (4) years and three hundred sixty-four (364) days;
2) Incorporate already approved automatic administrative extensions and the new DR! extension
legislation approved in the 2011 legislative session into the DR! DO;
3) Add an expiration date;
4) Rename the DR! to Tuscany Reserve to make it consistent with the existing PUD Ordinance name;
5) Removing the outdated reference to the original PUD for the property that was repealed in 2003;
6) Update the name of the successor project developer to KE Tuscany Reserve Properties, LLC, a
Delaware limited liability company,
7) Revise the DR! report filing requirement from annual to biennial.
GEOGRAPIDC LOCATION:
The subject 461.3:1:: acres are located in Section 7, Township 48 South, Range 26 and Section 12,
Township 48 South, Range 25 East in Collier County, Florida. See the map on next page for details.
Ronto Livingston DRI: DOA-PL2011-0354
July 7, 2011 CCPC
Revised 6/14/11
Page 1 of4
PURPOSEIDESCRlPTION OF PROJECT:
The DRI DO for this project was approved on January 25, 2000 with the adoption of Resolution Number
2000-26 (DRI DO Number 2000-01). That document provided a 2007 buildout date. The project's
buildout date was extended from January 25,2007 to January 25,2010 pursuant to the 2007 amendments
to Section 380.06(19)(c) F.S, that allowed three-year DRI extensions, and from January 25, 2010 to
January 25, 2012 pursuant to the 2009 amendment to Section 380.06(19)(c) F.S, that allowed two-year
DRI extensions.
As provided in Section 380.06(19)(c)F.S, the statutory authorized automatic extensions are not a
substantial deviation and cannot be considered when determining whether a subsequent extension is a
substantial deviation. Section 380.06(19)(c) F.S, also states that an extension of a buildout date of five
years or less is not a Substantial Deviation. This Notice of Proposed Change (NOPC) is to extend the
buildout date by four (4) years and three hundred sixty-four (364) days, and incorporate the other changes
noted on page 1. On June 2, 2011 the Governor signed SB 7207 which extends all DRIs for an additional
four years if written notice is given prior to December 31, 2011. The petitioner has provided such written
notice. SB 7207 repeats that the four (4) year extension is not a substantial deviation, not subject to further
DRI review and may not be considered in determining whether a subsequent extension is a substantial
deviation. Based on the foregoing, the new DO buildout date would be January 24, 2021 and the DRI
expiration date would be January 24, 2026.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The RPC will hear this Notice of Proposed Change (NOPC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on June 16,2011.
The RPC staff assessment included the following comments:
Acceptance of Proposed D.o. Languafle
The proposed development order amendment language is acceptable to staff to address the
proposed changes.
Conclusion
The proposed changes do not create the likelihood of additional regional impacts not previously
reviewed by the SWFRPC and there is no presumption of a substantial deviation.
A copy of the complete RPC assessment is included in the application material.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
Ronto Uvingston DRI: DOA-PL2011-0354
July 7,2011 eepe
Revised 6/14/11
Page 2 of 4
COUNTY STAFF ANALYSIS:
Development authorizations contained in DRI Development Orders are prerequisites to zoning actions
that implement DRI land use authorizations. DRI Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation
under Sub-chapter 380.06(19)(c), Florida Statutes that states:
An extension of 5 years or less is not a substantial deviation. . . . Any extension of the build out date
of a project or a phase thereof shall automatically extend the commencement date of the project, the
termination date of the development order, the expiration date of the development of regional
impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real
estate market conditions, all phase, buildout, and expiration dates for projects that are
developments of regional impact and under active construction on July 1, 2007, are extendedfor 3
years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not
subject to further development-of-regional-impact review, and may not be considered when
determining whether a subsequent extension is a substantial deviation under this subsection.
Staff is of the opinion that it is appropriate to extend the dates for this project given the current economic
situation. Staff does not anticipate any increased impacts or increased demands on infrastructure if this
amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth
Management Plan provisions.
Using this DRI DO amendment opportunity to update the DRI DO to incorporate the previously approved
administrative extension requests creates a more complete record of past action. Staff recommends
approval of the DRI DO amendment believing this amendment will not adversely impact adjacent
property owners or create an undue public safety concern if the DRI DO is adopted.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on June 13,2011.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
DOA-PL2011-0354 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
Ronto Livingston DRI: DOA-Pl2011-0354
July 7, 2011 CCPC
Revised 6/14/11
Page 3 of 4
PREPARED BY:
'b~
KAY SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
follo/ ((
I nIX. TE
REVIEWED BY:
~E~~ANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
{,lltl
D TE
LLIAM D. LO Z, JR., .E., DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
o G,. (:~ - Z-e:."
DATE
APPROVED BY:
(;-):;.-//
y ADMINISTRATOR
IVISION
DATE
Tentatively scheduled for the September 27,2011 Board of County Commissioners Meeting
Ronto Livingston DRI: DOA-PL2011-0354
July 7, 2011 CCPC
Revised 6/10/11
Page 4 of 4
TUSCANY RESERVE (tka Ronto Livingston)
DRI # 07-9899-149
NOTICE OF PROPOSED CHANGE
Backeround:
At the December 1999, SWFRPC meeting Council recommended conditional approval of the
Tuscany Reserve Development of Regional Impact (DR!) Application for Development Approval.
The approval was subject to regional conditions relating to Energy, Stormwater Management,
Transportation, Water Supply/Waste Water Management and Consistency with the Local
Comprehensive Plan, Strategic Regional Policy Plan and State Land Development Plan. On January
25, 2000 the Board of Collier County Commissioners approved the Tuscany Reserve DRI
Development Order (DO).
The 463-acre DRI is located in unincorporated north Collier County near the Collier-Lee Line,
between Livingston Road and 1-75 (see Location Map, Attachment I). The DR! was approved for
1,380 residential units (344 single family and 1,036 multi-family units), a golf course and country
club amenities. The Planned Unit Development (PUD) limited the residential units to 799. The golf
course will include IS-holes and a 25,000 square foot clubhouse, with a pro shop, dining area
maintenance facilities and driving range. The DR! will also include 46.96 acres of wetland and
upland preserve/enhancement area (PUD stated) to be put in a conservation easement, 69 acres of
lakes, 22 acres of right-of-way and 7-acre power line easement. To date based on the latest annual
monitoring report 21 single family, 12 multifamily homes and the 18-hole golf course are complete.
(See Site Aerial in Attachment II). The project was planned to be constructed in two phases with a
project of build out in 2007.
Previous Changes
Senate Bill 1752, passed during the 2010 legislative session which extends the expiration date of
local government-issued development order or building permits that have an expiration date of
September 1, 200S through January 1,2012 for up to two years. The original buildoutwas2007 and
with the Section 380.06(19)(c), F.S. automatic extension buildout date from January 25,2007 to
January 25, 2010 it was extended by 3 years.
Proposed Changes
The change would extend the buildout date by four (4) years and three hundred sixty-four (364)
days. The change also removes the reference to a repealed PUD Zoning ordinance for the property,
renames the DRI to Tuscany Reserve to make it consistent with the existing PUD Ordinance name,
changes the report filing requirement from annual to biennial and lists the successor developer of the
DR! as KE Tuscany Reserve Properties, LLC, a Delaware limited liability oompany.
Regional Staff Analysis
Since the buildout date extension is for less than five (5) years, per Section 380.06(19)(c)(2), Florida
Statutes, this extension is deemed not to be a substantial deviation. The new buildout date will
become January 24, 2017. As provided in Section 380.06(19)(c) F.S. any extension ofa buildout
date automatically extends the termination date ofthe development order and the expiration date of
the DR! by like time period. The proposed text change would incorporate these automatic statutory
extensions as well as the extension that is the subject of this NOPC.
Character. Magnitude. Location
The proposed changes do not change the character, magnitude and location.
Regional Goals. Resources or Facilities
The proposed changes do not affect any regional goals, resources of facilities.
Acceptance of Proposed D.O. Language
The proposed development order amendment language is acceptable to staff to address the proposed
changes.
Conclusion
The proposed changes do not create the likelihood of additional regional impacts not previously
reviewed by the SWFRPC and there is no presumption of a substantial deviation.
RECOMMENDED ACTIONS:
1.
Notify Collier County, the Florida Department
of Community Affairs and the applicant that
the proposed changes do not create additional
regional impacts.
2. Render a codified Development Order.
3. Request that Collier County provide a copy of
the development order amendment, and any
related materials, to the Council in order to
ensure that the development order amendment
is consistent with the Notice of Proposed
Change.
09/2006
2
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DEVELOPMENT ORDER NO. 2011-_
RESOLUTION NO. 2011-_
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 DR! TO TUSCANY RESERVE DR!, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION
FOUR: EFFECT OFPREVIOUSL Y ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSIDP 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
DR!; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2009, 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 Tuscany Reserve Properties, LLC, a Delaware
limited liability company, ("Tuscany"), acquired the Ronto Livingston property and filcd a
Notice of Proposed Change on April .' 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 Collicr
Words struck tRTeugh are deleted; words underlined are added.
Ranta Livingston DR! / DOA-PL2011-354
Rev. 6/27/11 1 of 6
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 ; and
WHEREAS, on , 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 IlEVELOPMENT ORDER 2000-01
A. The DRl 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
11., of Development Order 2000-01 arc hereby amended to read as follows:
11. PUD DOCUMENT
A. There is a PUD document (Ordinance No. 2000 01) approved by the
Boord of County Conrmissioncrs on January 26, 2000, which also governs
the ROllto Livingston Community. Ronto acknowledges that the
conditions and commitments of the PUD document also govern the
Development and use of tho property within the Ronto Livingston
Community, even though the PUD document (Ordinance No. 2000 01) is
specifically not mado a part of this Development Order.
Words stmek through are deleted; words underlined are added.
Ranta Livingston DRl/ DOA.PL2011-354
Rev. 6/27/11 2 of 6
11. SUCCESSOR DEVELOPER
On January 31. 201 L Tuscany purchased the Ranta Livingston DRI propelty.
deed recorded at OR Book 4648. Page 828. et seq. - Official Records of Collier County.
Florida. On April . 201 L Tuscany filed a Notice of Proposed Change to the DR!
approval. Tuscanv 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 2010-47. Laws of Florida. On June 10.
2011. Developer provided written notice 10 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 Proiect buildout date shall be January 24. 2021. This Development Order
shall terminate and the DRI shall expire on January 24.2026. rcmain in effect for fifteen
(15) years from the date of adoption.
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt
from down-zoning or intensity or density reduction until January 14.2026 for u period of
ten (10) years from the datc of adoption of the Development Order, subject to the
conditions and limitations of said Subsection of the Florida Statutes.
5. The Developer, or its succcssor(s) in title to the subject property, shall
submit a report bienniallyannually, commencing twoooe year~ 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
Scction 912.025(7), Florida Administrative Code. This report shall be prepared in
Words strl:lck through are deleted; words underlined arc added.
Ranto Livingston DRI / DOA-PL201 1-354
Rev. 6/27/11 3 of 6
accordance with the "DRI Monitoring Format", as may be amended, provided by the
SWFRPC. Failure to submit the biennialatlflffill report shall be governed by Section
380.06(18), Florida Statutes.
\
SECTION TWO: FINDINGS OF FACT
A. That the feal property constituting the Tuscany Reserve DRI, which is the subject
of the proposed amendment, consists of approximately 2,562 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)1., 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)1. This
Section also provides "A Notice of Proposed Change ..' that involves an extension of the
buiIdout date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of ft}) and is not subject to a determination pursuant to
subparagraph 1'(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 on
proposed changes do not create additional impacts.
that the
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.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
require further devclopment-of.regional-impact review.
Words strllel. through are deleted; words underlined are added.
Ronto Livingston DRrJ DOA-PL2011-354
Rev.6/27/II 4of6
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
consistcnt 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)1, it is not subject to the public hearing requirements of
380.06(l9)(t)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 OJ-Ol shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Allilirs, 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 favorable vote.
Words stmek through are deleted; words underlined are added.
Ranta Livingston DRl / DOA-PL20 11-354
Rev.6/27IJI 50f6
Done this _ day of
,2011.
\
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form
and legal sufiiciency:
0f~\.\\
. .\1-
\.9
Heidi Ashton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachment: Exhibit A - Legal Description
CPIlI-CPS-OI094\23
Words struek through are deleted; words underlined are added.
Ranta Livingston DRl / DOA-PUO I J -354
Rev. 6/27/11 60[6
"Collier County NOPC
ExhLbit 1"- Legal Description
LEGAL DESCRIPTION
Parcel A: North one-half of the Northeast one-quarter C?f 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 June 22,. 2002. ill
the Official Records of Collier County. Florida at O.R. Book 2689. Page 3~68.
Together with:
Parcel B: All of Section 7. Township 48 South, Range 26 East, Collier County.. Rorida,
lying West of the Interstate. Highway 75, right-of-way.
PARCEL A and PARCEL B: TOGETIIER BEING MORE PARTICULARLY
DESCRIBED AS:
A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section
12, Township 48 South. Range 25 East, in Collier County Florida. and being more
particularly described as follows:
BEGINNING at N:orthwest Comer of. C}ection 7, Township 48 South. Rang 26 East run
thence along the North boundary oftlu! Northwest one-quaner (114) of said. Section 7,
S. 89052' 09"E. 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.19Q30'43"E. 2329.79 feet to a point of curvature; 2)
Southerly, 1892.87 feet along the arc ot a 'curve to the right having a radius of 5561:58
feet and a central angle of 19025'46" (chord bearing S.09"46'20"E., 1883.77 feet); 3)
s.Otio 1 '57"E. 1243.42 feet to a point on the South boundary of the Southeast one-quarter
(1/4) of said Section 7; thence along said South boundary N.890lO'IS''W.. 844.32 feet;
thence along the South boundary of the Southwest one-quarter (1/4) of said Section 1.
N.89DlO'2S"W.. 2627.43 feet to. the Sou.thwest comer of said Section 7; thence along the
West boundary of the Southwest one..quarter (1/4) of said Section 7, N.OO'32'.28"W.,
2623.13 feet; thence along the West boundary of the Northwest qne-quarter (J/4) of said
Section 7, N.OOQ30'-23"W., 1314.18 feet; thence alang the So.utherly boundary af the
North one-half (1/2). of the Northeast one-quarter (114), of said Section 12. Township 48
South, Range 25 East. S~89"21 '50''W., 2599.53 feet to a point an the Easterly rightoo{)f~
way line of Livingston Raad; thence along said Easterly .right~of.way line
N.OO"24'47"W., 1316.68 feet to a point an the North boundary of the North one-half
(1/2) of tbe Northeast on-quarter (1/4) of said Section 12;, thence along said North
boundary, N.8902S'08"E., 2597.37 feet to the POINT OF BEGINNING.
. Containing 461.29 acres, more or less.
Exhibit A