Resolution 2012-138/DO 2012-01DEVELOPMENT ORDER NO. 12- 01
RESOLUTION NUMBER 12- 13 8
A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS
AMENDED, FOR THE PARKLANDS DEVELOPMENT OF
REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE:
AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING
AMENDMENTS TO THE FINDINGS OF FACT SECTION TO
REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS
OF THE PROJECT AND REMOVAL OF CONVERSION TABLE;
REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO
850; INCREASING THE PRESERVE AREA TO 341± ACRES,
DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A
BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF
LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS:
EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION
INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO
FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT
OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING
EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES;
AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE
REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF
LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY;
AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO
REFLECT REMOVAL OF PROPORTIONATE SHARE
REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND
REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF
WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO
WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY;
AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT
SUBSECTION; AMENDMENTS TO THE GENERAL
CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE
CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL
OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF
THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION;
REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL
OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO
CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN
SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO
SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF
FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026;
SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR:
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EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND
TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC
OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE.
THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST
AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (PETITION DOA- PL2010 -1550)
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, having jurisdiction pursuant to Chapter 380.06, Florida
Statutes, is authorized and empowered to consider Applications for Development Approval for
Developments of Regional Impact (DRI) and under said authority did approve the Parklands DRI
Development Order (DO) 85 -4 on September 10, 1985; and
WHEREAS, the Board of County Commissioners approved amendments to DO 85 -4 on
December 17, 1985, July 27, 1993, September 28, 1999, July 30, 2002, and September 9' 2003;
and
WHEREAS, Parklands Associates I, LLLP, a Florida limited liability limited partnership
(the "Applicant "), has filed an Application for a DRI Notice of Proposed Change (together with
supporting documents, the "Application ") to the Parklands DO (the "Sixth Amendment "),
together with a companion application to amend the Residential Planned Unit Development
(RPUD) Document for the Parklands DRI; and
WHEREAS, the Southwest Florida Regional Planning Council (SWFRPC) has reviewed
and considered the proposed Sixth Amendment and found that such Sixth Amendment is not
substantial in nature under the applicable provisions of Chapter 380.06, Florida Statutes; and
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WHEREAS, the Collier County Planning Commission (CCPC) has reviewed and
considered the report and recommendations of the SWFRPC and held a duly noticed public
hearing to consider the proposed Sixth Amendment on June 21, 2012; and
WHEREAS, on July 24, 2012, the Board of County Commissioners, at a duly noticed
public hearing held in accordance with Section 380.06, Florida Statutes, considered the report
and recommendations of the SWFRPC, the report and recommendations of the CCPC, the
Application and other documents submitted by the Applicant or Applicant's agent, and the
comments upon the record made to this Board of County Commissioners at said meeting; and
WHEREAS, on July 24, 2012, the Board of County Commissioners passed Ordinance
2012 -30, amending the RPUD Document for the Parklands DRI; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
Collier County Land Development Code have been satisfied; and
WHEREAS, the Board of County Commissioners has determined that the proposed
revisions to the Parklands Development Order 85 -4, as amended, do not constitute a substantial
deviation requiring further development of regional impact review.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER
A. The Findings of Fact Section of Development Order 85 -4, as amended, for the
Parklands DRI is hereby amended to read as follows:
That the real property which is the subject of the proposed A4)A—Sixth
Amendment is legally described as set forth in Exhibit A.the Darned Unit
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2. The Aapplication is in accordance with Section, 380.06(b), Florida Statutes.
3. The ., lieant t, •tt °a to the Count), A D A and ,F�
.,., uYr ,VU„G Juv11IT
as ° site Exhibit B .,d by .. f de „ ,...,,-t hefte f to the extent th t
...,, vviiiYv�..... Exhibit ,�, u „u viz ,
the), afe Hot— ineensistent with - -the tefms and eendifiens of this n -'er-. The
Applicant submitted to the County the Application for the proposed Sixth
Amendment along with a companion application to amend the Planned Unit
Development Document for The Parklands Planned Unit Development.
4. The Aapplicant proposes the development of The Parklands Planned Unit
Development for 642.3 635.2 acres; 4-,603 850 residential (single family and
multi - family) units on approximately 343.2 115 acres at a gross density of 23
1.32 units per acre, and in aeeer-danee with ah° r,,,,.. en Table set f t4h below;
recreation open space and preservation areas (approximately 43-1- 466.5 acres)=
including 341.2 acres of on -site preserve,
„a lub (app f,,.,:.,,,°tely 180 es), ° 23 ° County D,.. E site, a fifteen
w uiiv uuu ,.aucr
(15) acre school site, gfounds- and maintenanee f °'�eT central water and
sewage facilities, and the required rights -of -way and /or roads (45.6 acres).
5. The Ddevelopment is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(l 1), Florida Statutes.
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6. The development will not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the area.
A comprehensive review of the impact generated by the development has been
conducted by the appropriate County departments and agencies and by the
SWFRPC.
8. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.05, Florida Statutes, as amended.
9. The development is consistent with the land development regulations of Collier
County.
B. Section A, Paragraph 2, Education, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as
follows:
2. EDUCATION: According to S WFRPC's estimates of students added by the
Parklands to the school system and the cost for required school construction,
SWFRPC recommends that the Aapplicant contribute a school site to one of the
two school districts. This contribution is warranted by the need to make the
project a more self - sufficient, self - standing community. The dedication of an on-
site school site also would provide the project with a needed community center.
Condition: A fifteen (15) acre school site shall be de*ated- dedicated to the
Collier County School Board, per- - eeFfespendeneeattaebed- -as Exhibit Cin
accordance with the companion RPUD Document. If acceptable to the School
Board, an alternative commitment may be substituted to meet this on -site
dedication requirement, including dedication of an off -site location for a school,
or payment in lieu thereof.
C. Section A, Paragraph 4, Fire Protection, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as
follows:
4. FIRE PROTECTION: The ;deject ed as a single eemmunity. However,
lee ted e .,te „ties in er-der to o that � •a a •th r
.......a.v.. + +• separate vv uauwo. aaa va u�.a cv �.ilvcfl o
Ufl{1lal, buMening one of the , o
be needed. in Collier- Geunty, The proposed development is located within the
North Naples Fire Control District.; response fifne is estimated to require 10 13
minutes. North Naples Fire Chief-, james jenes, has stated that existing fire
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Condition: The developer shall donate /make each payments t„ the Nefth Nagle
Fire - Control DiSti-iet — $5 --per agFeem /Exhibit D e at4aehed-- hefete — and —by
Bead —on August 14, 19851pay fire impact fees in accordance with the
requirements of the Collier County Code of Ordinances.
D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as
follows:
5. FISCAL: The location of the project has caused several issues that would
normally be of local concern to become regional in concern due to the need for
the two counties to coordinate services. Part of the concern for coordination is for
adequate financial resources to be available for funding the services.
The fiscal impact analysis indicates that in the first year of the Lee County portion
of the project, "The Parklands" will yield negative net fiscal impacts on both the
Lee County Ggovernment and the Sschool Bboard operating budgets. In the first
three years of the Collier County portion of the development, the project will have
a negative impact on the Collier County School Board. By the second year of the
Lee County portion and each year thereafter, "The Parklands" will deliver a
positive net fiscal impact on the operating budgets of Lee County Ggovernment
and both counties' school boards. The impact on the Collier County Ggovernment,
however, will be negative for all years. The Aapplicant will make commitments
that will cause the project to yield a neutral or positive net fiscal impact. In Collier
County, fiscal mitigation can be achieved by requiring the developer to not claim
agricultural exemptions for undeveloped phases in the Collier County portion and
to require the dedication of public facilities to serve the population within the
project.
Conditions: The Aapplicant has agreed to
payment. in lieu the provide a fifteen acre a school site to the School Board,
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Condition: The developer shall donate /make each payments t„ the Nefth Nagle
Fire - Control DiSti-iet — $5 --per agFeem /Exhibit D e at4aehed-- hefete — and —by
Bead —on August 14, 19851pay fire impact fees in accordance with the
requirements of the Collier County Code of Ordinances.
D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as
follows:
5. FISCAL: The location of the project has caused several issues that would
normally be of local concern to become regional in concern due to the need for
the two counties to coordinate services. Part of the concern for coordination is for
adequate financial resources to be available for funding the services.
The fiscal impact analysis indicates that in the first year of the Lee County portion
of the project, "The Parklands" will yield negative net fiscal impacts on both the
Lee County Ggovernment and the Sschool Bboard operating budgets. In the first
three years of the Collier County portion of the development, the project will have
a negative impact on the Collier County School Board. By the second year of the
Lee County portion and each year thereafter, "The Parklands" will deliver a
positive net fiscal impact on the operating budgets of Lee County Ggovernment
and both counties' school boards. The impact on the Collier County Ggovernment,
however, will be negative for all years. The Aapplicant will make commitments
that will cause the project to yield a neutral or positive net fiscal impact. In Collier
County, fiscal mitigation can be achieved by requiring the developer to not claim
agricultural exemptions for undeveloped phases in the Collier County portion and
to require the dedication of public facilities to serve the population within the
project.
Conditions: The Aapplicant has agreed to
payment. in lieu the provide a fifteen acre a school site to the School Board,
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or if acceptable to the School Board an alternative commitment may be
substituted. . As
set forth in and subject to the Developer's Contribution Agreement for the
Parklands, Applicant has agreed to provide required rights -of -way and construct
Logan Boulevard North from its present terminus at the Olde Cypress
development north through The Parklands RPUD and extending to Bonita Beach
Road, Logan Boulevard Extension will be—e-e-n-st-nueetteed at lie eest te the Ceuft�y
and, which once connected to Bonita Beach Road, will result in a regional
transportation improvement. Construction of the Logan Boulevard
€MensionNorth coupled with the applicable impact fee payments as set forth in
the Developer's Contribution Agreement, will address the project's anticipated
transportation impacts. All of these should mitigate the project's fiscal impacts.
E. Section A, Paragraph 9, Transportation, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as
follows:
9. TRANSPORTATION: The Parklands DRI site is currently accessible only by a
gravel road on the north border in Lee County and from the south via the partially
improved Logan Boulevard EensionNorth from Immokalee Road. Development
of the DRI will require paving and extension of Logan Boulevard North from its
present terminus to the project entrance Although not necessary to mitigate _ the
transportation impacts of The Parklands DRI the developer shall also pave and
extend Logan Boulevard North from the project entrance to Bonita Beach Road
subject to the terms of the Parklands Developer's Contribution Agreement to the
Past,, eeostruetien of aeeess— reads to the site ffo the --nei- - and south,
on of r-eadway impfevements aleng immekalee Read in Collier- County.
Conditions:
a: The net— extefnal pr-ejeet trip — generatieat -rate is limited 1,056
vehiele trips during the weekday P.M. peak heuf eenditieft. Single family
units may be eenvefted to multi family units and i indieated i
the Unit /''enyer -lien Table in D ph 4 f'the Findings of t t Seetien
of this Peeument only if the eumulmi-ve weekday P.M. peak heur- net
.
a_h The developer shall construct a two_ (-2)lane road, known as the Logan
Boulevard Extension North, extending from the present terminus of Logan
Boulevard at the Olde Cypress development and north through the
Parklands RPUD connecting to Bonita Beach Road. The design and
SimM: nw-Hrm:rrrrrW-!T.r
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may be constructed based on one or more phases including but not limited
to, the extension of Logan Boulevard North up to the project entrance as
Phase I. Phase II construction to Bonita Beach Road shall commence prior
to receipt of certificates of occupancy for 35% of authorized dwelling
units (297 units.
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b.h The developer's satisfaction of its obligations under Section A.9 and
Scion B.3 of the Development Order, as amended, will result in
transportation facilities being available when needed for the Parklands
DRI. The Parklands DRI continues to be vested for consistency and
concurrency in accordance with Section 163.3167(8)x, Florida Statutes,
and is exempt from any transportation related moratoria.
ALTERNATIVES:
a. Impact Fees and /or Assessments: If an impact fee and/or assessment is
adopted by Collier County or other appropriate agency or government
which includes the project's fair share payment of any of the transportation
improvements specified in the Development Order or RPUD Document,
this fee or assessment shall be substituted for the fair share payments
required by this Development Order and/or the RPUD Document for the
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b.h The developer's satisfaction of its obligations under Section A.9 and
Scion B.3 of the Development Order, as amended, will result in
transportation facilities being available when needed for the Parklands
DRI. The Parklands DRI continues to be vested for consistency and
concurrency in accordance with Section 163.3167(8)x, Florida Statutes,
and is exempt from any transportation related moratoria.
ALTERNATIVES:
a. Impact Fees and /or Assessments: If an impact fee and/or assessment is
adopted by Collier County or other appropriate agency or government
which includes the project's fair share payment of any of the transportation
improvements specified in the Development Order or RPUD Document,
this fee or assessment shall be substituted for the fair share payments
required by this Development Order and/or the RPUD Document for the
Parklands DOA / PL2010 -1550
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b.h The developer's satisfaction of its obligations under Section A.9 and
Scion B.3 of the Development Order, as amended, will result in
transportation facilities being available when needed for the Parklands
DRI. The Parklands DRI continues to be vested for consistency and
concurrency in accordance with Section 163.3167(8)x, Florida Statutes,
and is exempt from any transportation related moratoria.
ALTERNATIVES:
a. Impact Fees and /or Assessments: If an impact fee and/or assessment is
adopted by Collier County or other appropriate agency or government
which includes the project's fair share payment of any of the transportation
improvements specified in the Development Order or RPUD Document,
this fee or assessment shall be substituted for the fair share payments
required by this Development Order and/or the RPUD Document for the
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types of improvements (Sstate, Rregional or local) addressed by said
impact fee and/or assessment. Any such payments made for said
improvements prior to the adoption or enactment of an impact fee and/or
assessment shall be credited toward the fees or assessment(s) imposed on
the project. If an adopted impact fee /assessment does not address state
roads impacted by this development, proportionate share payments shall
be made for such roads regardless of the impact fee /assessment
contribution.
b. Other Alternatives: It is understood that the specific conditions listed
above require commitments for payment from the developer and implicit
commitments for construction from local and Sstate agencies. In some
cases, the improvements may not result even with applicant commitments
because of the lack of commitment by Sstate agencies. Therefore, Collier
County is allowed to provide alternatives to the above conditions when the
alternatives mitigate regional roadway impacts. Should this alternative be
pursued, Collier County shall solicit SWFRPC review of the alternatives
prior to an amended Development Order being adopted.
F. Section A, Paragraph 10, Wastewater Management, of The Conclusions of Law
Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its
entirety:
G. Section A, Paragraph 11, Water Supply, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to
Paragraph 10 and amended to read as follows:
4-10. WATER SUPPLY:
The developer will provide a 15' wide water main corridor through a western
residential tract for a future connection to Quail West for Collier County to
interconnect the project's internal water distribution system to Quail West with
the exact location to be determined by developer. The County will be responsible
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for extending the main into Quail West making the connection and obtaining an
easement in Quail West. --Thfee- eptiensafe under- - eenside en for - the -,.ate
supply for- this pr-epesed pr-ejeet. They are the fell i _
a. the Collier- County peAien te be sef-ved by an on site wellfield
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e-. of ensite > >
J�rlo both the Too !'eunt., and Call:o« bounty ..ef4ion
�•� both Gll lllV L
a. if an on site - wellfield
-is developed -€ef all -ems;
of the prpieet, mefe
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detailed infef.„„tion shall
be « o
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„o.mit
fed at of
appheation4e
eenfifm that the wellfield
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as pr-epesed will have no
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C. Water - eensei�vifig- deviees Shall be installed in all new eenstfuefien, as
reeuil«��l ed by state law (Chapter 553.14, >~ C )
H. Section A, Paragraph 12, Leapfrog Development, of The Conclusions of Law
Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered
to Paragraph 11 and amended to read as follows:
11 -2. LEAPFROG DEVELOPMENT: The proposed project constitutes development
in an area which is within the major growth areas of either Lee or Collier
Counties. As such, the provision of services by local government will not involve
an extra effort to reach this location.
Condition: The project will be incorporated into an areawide MSTU or other
appropriate funding mechanism for the provision of municipal services, if found
to be necessary by either or both Collier County and Lee County as a funding
source for the provision of community services.
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I. Section A, Paragraph 13, General Considerations, of The Conclusions of Law
Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered
to Paragraph 12 and amended to read as follows:
123. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous
commitments were made by the Aapplicant to mitigate project impacts. Many, but
not all, of these commitments are listed in the staff assessment.
Conditions:
a. All cGommitments and impact- mitigating actions provided by the
Aapplicant within the Application for Development Approval (and
supplementary documents) that are not in conflict with specific
cGonditions for project approval outlined above are officially adopted as
Gconditions for aUroval. An amended Master Plan and Dr D n,.,.ument
date September- n X00-3 -is attached hereto as Exhibit H and by refer-enee
b. The developer shall submit an afmual a biennial report on the development
of regional impact to Collier County, the Southwest Florida Regional
Planning Council, the Department of Community Affairs and all affected
permit agencies as required in Subsection 380.06(18), Florida Statutes.
J. Section B of The Conclusions of Law Section of Development Order 85 -4, as
amended, for the Parklands DRI is hereby deleted in its entirety:
K. Section B, Paragraph 1, Water Management, Lakes and Engineering of the
Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is
hereby deleted in its entirety:
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f, rake cott,aeks.
easement 4, All lake setbaeks shall be measured ffem the iake maintenanee
IN Rw.qr.rmrj.wn
-3-. The fniaimttm setbaek to any internal right of way, or- fead aeeess
shall be ywent y (20) feet.
a
i- rake Slopes.,
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L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of
Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in
its entirety:
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L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of
Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in
its entirety:
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M. Section B, Paragraph 3, Transportation, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety:
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M. Section B, Paragraph 3, Transportation, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety:
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WIWI 0*
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 16 of 31
Words Still &Elil are deleted; words underlined are added.
be Yiis::ueJ `
Any
ingfess
9--
and all points of and/or- egfess as shoAffi an my and all plan
ingress, a
.
the thereof be the
..
Mmmb
r- In 1111110-11
>
>
•
Any
ingfess
9--
and all points of and/or- egfess as shoAffi an my and all plan
ingress, a
.
the thereof be the
Nothing in development
the
any
efder- A,ill vest right of aeeess wver- and
ingress, a
.
the thereof be the
..
Mmmb
r- In 1111110-11
>
>
Nothing in development
the
any
efder- A,ill vest right of aeeess wver- and
ingress, a
.
the thereof be the
of egress nedi
basis fer- aii), futufe eause of
-e. -; -laek -,
aefien for- damages against the Ceunty by
the
>
>
IN 0110,
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 17 of 31
Words stmek thFoug# are deleted; words underlined are added.
in- All
Collier-
County
. shall th , .45
wofk within
right
of meet
ii: Azl—
Getinty
int:emal-
driy0 slot„
\sidewalk(S) loeat:c°`l �v`�"-r
weess(es),
right of way
im
of -- cthifli
maintained by an enfit�
the
title,
of assignee(s).
>
NMI
•
oil
•,
•
•
in- All
Collier-
County
. shall th , .45
wofk within
right
of meet
ii: Azl—
Getinty
int:emal-
driy0 slot„
\sidewalk(S) loeat:c°`l �v`�"-r
weess(es),
right of way
im
of -- cthifli
maintained by an enfit�
the
title,
of assignee(s).
>
=
in- All
Collier-
County
. shall th , .45
wofk within
right
of meet
ii: Azl—
Getinty
int:emal-
driy0 slot„
\sidewalk(S) loeat:c°`l �v`�"-r
weess(es),
right of way
will be pr-iya4ely
of -- cthifli
maintained by an enfit�
the
title,
of assignee(s).
>
,7 M7_
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 18 of 31
Words stmek thFeug# are deleted; words underlined are added.
•
. .
WIN
N. Section B, Paragraph 5, Utilities, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety:
5. jj�:
a.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 19 of 31
Words stFHek thFet+gh are deleted; words underlined are added.
Ilk
•
•
. .
WIN
N. Section B, Paragraph 5, Utilities, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety:
5. jj�:
a.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 19 of 31
Words stFHek thFet+gh are deleted; words underlined are added.
.r
14-1 1
WIN ~11
IN
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U"
MIN
•
•
.r
14-1 1
WIN ~11
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If
U"
MIN
` 6
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 20 of 31
Words stMek-thFeugk are deleted; words underlined are added.
MIN
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 20 of 31
Words stMek-thFeugk are deleted; words underlined are added.
The
„# site water- an&er- °r f :lit:° °
tr-ea4fnent f4eilities
a) pr-epesed
and4er- on
^} ^.�
water- supply
site wastewater tfeatfnent
d be
and on site
and disposal faeilitmies,,
in y they be
eenstmeted
must rega�Gd
to State and Federal
a
—as Cefim; shall
statidar-ds and are te
t�Qe its
eirmed,
ste- A.at°«
available
f4eilifies
operated
cra c�a-- Qi�c— ii�i-l3e�—
f4eil }t es n /o
to sevviee the
shall
b- velder;
of site sewer- ewer- €acties -are
pr-ejeet. The inter-im treatment
°a by
my to these lands
tine— der,eloper
deitelopme
supply s
mid - -aP��
w. The fa
a
— the —Gem
of
te- provide
de-velepment
utility
-water er-
betindar-y
-be- ea
sewer outside the
by the County
approwd
without
4) At the time County
„# site water- an&er- °r f :lit:° °
available for- the
water- and/of sewer-
pr-ejeet to eenneet with, the following
faeilities shall be eenveyed to the
€4eili ies, the developer,
,
its-
eeEVer- sewer--
site the inter-im
..
as�ges -er
a
treatment f4eility
eAef and/or- sewage
t State Florid
a
standards. All
rrer-
wefk related
eerrsistei with of
with this aetivity shall
be per-fefmed at no
4) At the time County
„# site water- an&er- °r f :lit:° °
available for- the
water- and/of sewer-
pr-ejeet to eenneet with, the following
faeilities shall be eenveyed to the
.
.,_
..
MW
mmm
"M
4) At the time County
„# site water- an&er- °r f :lit:° °
available for- the
water- and/of sewer-
pr-ejeet to eenneet with, the following
faeilities shall be eenveyed to the
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 21 of 31
Words stMek thFOugh are deleted; words underlined are added.
&) Maifi - §eV& lift sty 4i6ireria f ree ia main inter-
with the County se$A,er- f4eilities ineluding all utility
kaiaeiiaarsr -was
rights
.
utility h., the !`oust.,
of
within
the e,et limits
easements required
these f lities to
within
p
and additional e required
the County's e e
make'
eenneetieii with
e€f site
f ilitie
per
&) Maifi - §eV& lift sty 4i6ireria f ree ia main inter-
with the County se$A,er- f4eilities ineluding all utility
kaiaeiiaarsr -was
Ceiinty's
eenneetion
the County's
afid not
easements,
by the County to be leeated
fequired within u644y
ineluding but net limited to the fellewiW.
&) Maifi - §eV& lift sty 4i6ireria f ree ia main inter-
with the County se$A,er- f4eilities ineluding all utility
kaiaeiiaarsr -was
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 22 of 31
Words stme1c-th]Feugh are deleted; words underlined are added.
����. � •����111!�i iff \��!i /flZ llfflLT���li�L 11
eenneetion
the County's
with
easements
neeessafy.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 22 of 31
Words stme1c-th]Feugh are deleted; words underlined are added.
����. � •����111!�i iff \��!i /flZ llfflLT���li�L 11
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 22 of 31
Words stme1c-th]Feugh are deleted; words underlined are added.
The deN,eleper-, its
• •
g)
development Amps
assig !sser-s shall pay all syste.m.
i.. tie time tl.ar build'.,
•
e�feci -at
to Cetm�y
permits af-e required,
pursuant appr-opr-ia4e
in the time building
or-dinanees and fegulafieiis
.m:t
This
effeet a4 of
be i to
request.
r-eqt6fement shall made fflo %
r�
be b
the building
mill e Teyuiicd—
sta.t of
prv�t '6
•
• •
M. M
•
s
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 23 of 31
Words st+tek thr-ough are deleted; words underlined are added.
Kamp
s
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 23 of 31
Words st+tek thr-ough are deleted; words underlined are added.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
-
mn
MIN
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
-
mn
001041 V"M
seem
MINIBOOM
111 11
M'
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
-
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
001041 V"M
seem
MINIBOOM
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
001041 V"M
seem
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 24 of 31
Words stMek thFOugh are deleted; words underlined are added.
.,tieipation of future demands and ,, th the „ shall negotiate e !`oust ll
satisfaetef-y method of feimvni -sement to the developer- for- su
J- Detailed hydfaulie
sewage ,lleefien
design dirt, ibutien
fepefts ewer -ing- and
tfa„sfniss :en to s e the he
and systems p et must
submitted
list all design
system under
with the eeastr-uetien doeuments - ferthe pfejeet. The r-epef4 shall.
demand ate faete oifl e ,t trtko
assumptions, and other-
eensidefation.
MINOR-
SKIWI
J- Detailed hydfaulie
sewage ,lleefien
design dirt, ibutien
fepefts ewer -ing- and
tfa„sfniss :en to s e the he
and systems p et must
submitted
list all design
system under
with the eeastr-uetien doeuments - ferthe pfejeet. The r-epef4 shall.
demand ate faete oifl e ,t trtko
assumptions, and other-
eensidefation.
K-. The developer- shall eentfibute its fair shafe of the eest of installing a
sewer- transmission 1 :„e f e the pr-ojeet to any aeeeptable off site sewef
t«eeAme.,t plant faeifity and «et,,..n (treated af'fleent) tfansmission line ffem
sueh-aireg site treatment plant faeility to the pr-ejeet. The !''oust., shall
eeeper-ate and assist seetir-ing all needed eff site easements. The details
of'this ite.,,, shall he mutually a ed upon between the .levelopef and the
County at a late,. .late
O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of
Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety:
6. Mes
P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law
Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its
entirety:
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 25 of 31
Words st+Elea thFeugh are deleted; words underlined are added.
IMMMMM
IN
M.
Q. Section B, Paragraph 8, Exemptions to Subdivision Regulations, of The
Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is
hereby deleted in its entirety:
•
&MMUNIMMIMITAMMIT, . _
. •
E LDC, Subsection 3.2.8.3.24 and Subseefien 3.2.8.4.21! The requirement ef
blank utility easing installation shall be waived.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 26 of 31
Words st+telE thFOugh are deleted; words underlined are added.
.�
IN
moo '0
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 26 of 31
Words st+telE thFOugh are deleted; words underlined are added.
.�
IN
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 26 of 31
Words st+telE thFOugh are deleted; words underlined are added.
f �1ZiZ! }-�T111t! L! iL7�L! tf�-1
�JLIMWAMW
410 M.
I
rMTV TM r.
N
I OWN
Mi
MUM
I ,
f �1ZiZ! }-�T111t! L! iL7�L! tf�-1
�JLIMWAMW
410 M.
I
rMTV TM r.
N
longer-
Mi
MUM
IRWIN
f �1ZiZ! }-�T111t! L! iL7�L! tf�-1
R. The General Commitments after Section B, Paragraph 8 of The Conclusions of
Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended
to read as follows:
4- All commitments and impact mitigating actions provided by the Aapplicant in the
Application for Development Approval and supplemental documents and the
Aapplication for Public Hearing for rezoning and supplemental documents that
are not in conflict with conditions or stipulations specifically enumerated above
are hereby adopted to this Development Order by reference. An amended Maste
Plan and d 7/23 /92 + hereto d b F
��ee- ei� -- E�atec�rrc�,- r�- i-Tactae -l3e� --Here �o-- ai�a-- Qj-- Fcrer-ezrEe
2. The Community Development Administrator shall be the local official
responsible for assuring compliance with the Development Order.
This Development Order shall remain in effect for the duration of the project.
�JLIMWAMW
410 M.
I
rMTV TM r.
N
longer-
Mi
will -and
For- t i?
of
R. The General Commitments after Section B, Paragraph 8 of The Conclusions of
Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended
to read as follows:
4- All commitments and impact mitigating actions provided by the Aapplicant in the
Application for Development Approval and supplemental documents and the
Aapplication for Public Hearing for rezoning and supplemental documents that
are not in conflict with conditions or stipulations specifically enumerated above
are hereby adopted to this Development Order by reference. An amended Maste
Plan and d 7/23 /92 + hereto d b F
��ee- ei� -- E�atec�rrc�,- r�- i-Tactae -l3e� --Here �o-- ai�a-- Qj-- Fcrer-ezrEe
2. The Community Development Administrator shall be the local official
responsible for assuring compliance with the Development Order.
This Development Order shall remain in effect for the duration of the project.
4. The Aapplicant or its theif successor(s) in title to the subject property shall submit
a report bienniallyannually, commencing one year from the effective date of this
Sixth Amendment to Development Order, to the Board of County Commissioners
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 27 of 31
Words strueli thFO +gh are deleted; words underlined are added.
County, development
this development
longer-
appr-eval
lie—
will -and
For- t i?
order- shall no
e€fee-tive.
purposes of
but does inelude
buildings
installation
eenstruetion
f4eilities
of
lines. This
or- of
time be
utilities and
sueh as sewer and
water-
°
period May
Developer-
extended
in the
that 1 !able
the
event
development.
uneentr-e — eir-e-umstanees
-delay
eemmeneeme t of
4. The Aapplicant or its theif successor(s) in title to the subject property shall submit
a report bienniallyannually, commencing one year from the effective date of this
Sixth Amendment to Development Order, to the Board of County Commissioners
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 27 of 31
Words strueli thFO +gh are deleted; words underlined are added.
of Collier County, the Southwest Florida Regional Planning Council, and the
Department of Community Affairs. This report will contain the information
required in Section 913- 16.25, Florida Administrative Code. Failure to submit the
annual report shall be governed by Subsection 380.06(16), Florida Statutes.
5. Subsequent requests for development permits shall not require further review
pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of
County Commissioners of Collier County, after due notice and hearing, that one
or more of the following is present;
a: A substantial deviation from the terms or cGonditions of this
Ddevelopment Oerder, or other changes to the approved development
plans which create a reasonable likelihood of adverse regional impacts or
other regional impacts which were not evaluated in the review by the
Southwest Florida Regional Planning Council; or
b: An expiration of the period of effectiveness of this Ddevelopment Oerder
as provided herein.
Upon a finding that either of the above is present, the Board of County
Commissioners of Collier County shall order a termination of all development
activity until such time as a new DRI Application for Development Approval has
been submitted, reviewed and approved in accordance with Section 380.06,
Florida Statutes.
6. The approval granted by this Development Order is limited. Such approval shall
not be construed to obviate the duty of the Aapplicant to comply with all other
applicable local or state permitting procedures.
7. The definitions contained in Chapter 380.06, Florida Statutes, shall control the
interpretation and construction of any terms of this Development Order.
8. This Order shall be binding upon the Ddeveloper, its assignees or successors in
interest.
9. It is understood that any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created or designated
or successor in interest to, or which otherwise possesses any of the powers and
duties of any referenced governmental agency in existence on the effective date of
this Order.
10. In the event that any portion or section of this Order is determined to be invalid,
illegal, or unconstitutional by a court or agency of competent jurisdiction, such
decision shall in no manner affect the remaining portions of this Order which
shall remain in full force and effect.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 28 of 31
Words stMek thHtigh are deleted; words underlined are added.
11. This Resolution shall become effective as provided by law.
12. Certified copies of this Oerder are to be sent immediately to the Department of
Community Affairs, Southwest Florida Regional Planning Council.
13. The buildout date for the Parklands DRI is established as January 22, 2026.
SECTION TWO: FINDINGS OF FACT PERTAINING TO SIXTH AMENDMENT
A. The approved land uses within the Parklands DRI are depicted on the Master Plan
which is attached hereto as Exhibit H and incorporated by reference herein.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The development of the Parklands DRI on 642.3± acres of land shall include the land
uses described in Development Order 85 -4, as amended.
D. The proposed amendment to the previously approved Development Order is
consistent with the report and review of the Southwest Florida Regional Planning
Council.
E. A comprehensive review of the impact generated by the proposed amendment has
been conducted by the County departments and the Southwest Florida Regional
Planning Council.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes.
G. The Buildout Date for the Parklands DRI shall be January 22, 2026, based on the
buildout date extensions and tolling described below. A summary of the buildout
date extensions and tolling is as follows:
Buildout
Original Development Order 85 -4 approved 9/10/85) 12/17/2007
• Development Order No. 93 -1 — 4 year extension 12/17/2011
• 2007 Extension — 3 years 12/17/2014
380.06(19)(c)
• 2010 Extension— 2 years 12/17/2016
380.0609)(c) F.S.
• 2011 Extension — 4 years 12/17/2020
380.06(l(c), F.S.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 29 of 31
Words stmek thFough are deleted; words underlined are added.
• Litigation Tolling Extension Period — 4 years, 1 month and 6 days measured
from June 1, 2006 challenge to permit (Army Corps of Engineers) issuance to
July 6, 2010 settlement agreement. 01/23/2025
380.06(19 )(c), F.S.
• 364 days This Development Order Amendment 1/22/2026
380.06(19)(c) F.S.
SECTION THREE: CONCLUSIONS OF LAW PERTAINING TO SIXTH AMENDMENT
A. This Sixth Amendment of the previously approved Development Order is consistent
with the report and recommendations of the Southwest Florida Regional Planning
Council and does not constitute a "substantial deviation" pursuant to Section
390.06(19), Florida Statutes.
B. This Sixth 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.
C. This Sixth Amendment to the previously approved Development Order is consistent
with the Collier County Growth Management Plan and the land development
regulations adopted pursuant thereto.
D. This Sixth Amendment to the previously approved Development Order is consistent
with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS
TRANSMITTAL TO DCA, AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 85 -4, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties hereto. This
amended Development Order shall take precedence over other applicable previous
Development Orders which are in conflict with it.
B. Copies of the Development Order No. 12- 61 shall be transmitted immediately upon
execution to the Department of Economic Opportunity, 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.
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 30 of 31
Words stmek thFough are deleted; words underlined are added.
Done this X `f`
day ofu_, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Urrk
ApprQVed400 form
and eg l stiffickricy:
�k 61 A
Heidi Ashton- Cicko�
Managing Assistant County Attorney
Attachments: Exhibit A — Legal Description
Exhibit H - Master Plan
CP\ 1 I - CPS -01081 \71
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: lutk W
FRED W. COYLE, Chai
Parklands DOA / PL2010 -1550
Rev. 6/26/12 Page 31 of 31
Words stmek t#teag# are deleted; words underlined are added.
EXHIBIT "A"
LEGAL DESCRIPTION
All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the
South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official
Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of
Collier County, Florida.
Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East,
Collier County, Florida.
Containing 642.239 acres, more or less.
6024300
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