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Agenda 06/11/2013 Item #17A6/11/2013 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution amending Resolution No. 90 -292 (Development Order 90 -3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, Amendments to Development Order by (A) extending the Phase III completion date, the build -out date and the expiration date; and (B) revising references regarding the monitoring report requirement; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Golden Gate Parkway and Airport- Pulling Road in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Petition DOA- PL20130000492) OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Development of Regional Impact (DRI) amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner, Halstatt, LLC, is asking the BCC to consider an application for an amendment to the existing DRI to allow a time extension of 4 years and 364 days. Many parcels within the DRI have been sold to others; Halstatt LLC is the owner of the unimproved, unplatted tract located at the northwest quadrant of the intersection of Golden Gate Parkway and Airport Road and the converted name of the original developer, Halstatt Partnership. See the agent's document in the application entitled, "Halstatt/Grey Oaks DRI D.O. Amendment Application, Sold /Developed Information" for additional details. Other owners in the DRI include Naples Grande Holdings LLC, Sea Investments LLC, and numerous residential dwelling unit owners. The subject property is partially developed. The DRI DO for this project was approved on June 6, 1990, with the adoption of Resolution Number 90 -292 (DRI DO Number 90 -3). A portion of the DRI is located within the City of Naples also. There have been numerous amendments to that approval over the years. Please refer to the applicant's agent's Notice of Proposed Change (NOPC) document, question #7 that provides a listing of the previous actions. The Southwest Florida Regional Planning Council (RPC) staff report (copy attached) also contains background and previous change information. That document indicates that the petitioner is seeking to extend this project's Collier County Buildout, Phase III Completion and Expiration dates from June 6, 2013 to June 5, 2018. The petitioner wishes to extend those same dates for the portion in the City of Naples from October 17, 2013 to October 16, 2018. The petition is scheduled to be heard by the City of Naples on June 5, 2013. This Notice of Proposed Change (NOPC) is to extend the buildout date by four (4) years and three hundred sixty —four (364) days. Packet Page -1739- 6/11/2013 17.A. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT• Future Land Use Element (FLUE): Comprehensive Planning Staff was not required to review this petition's requested time extension because the proposed action does not affect this project's original consistency determination. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The RPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 18, 2013, with staff's recommendations that are shown below: The applicant has provided acceptable draft amended development orders. One addition amendment is recommended to address the law allowing for biannual monitoring reports instead of annual. 1. Notify Collier County, the City of Naples, the Florida Department of Economic Development and the applicant that the proposed changes do not create additional regional impacts. 2. Request that Collier County and the City of Naples provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes. 3. Request that Collier County and the City of Naples provide the SWFRPC copies of the final amended Grey Oaks DR Development Orders. A copy of the complete RPC assessment is included in the application material. DEPARTMENT OF ECONOMIC OPPORTUNITY (DEM DEO has not offered any objection to the proposed amendment. CITY OF NAPLES: The project is scheduled to be heard by the City of Naples on June 5, 2013. Packet Page -1740- 6/11/2013 17.A. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard this petition on May 16, 2013, and found that the criteria of Section 10.03.05.I and 10.02.13B.5 were met. By a unanimous vote (7 to 0) [there are two vacant positions) with the motion made by Commissioner Klein and seconded by Commissioner Homiak, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval. No correspondence has been received voicing opposition to the proposed change. Therefore this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting an amendment to the DRI to extend the build -out date and expiration date. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for DRI Amendment Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been reviewed as to form and legality, and requires a majority vote for Board approval. - -HFAC RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached Resolution that includes both the staff recommendation and the CCPC recommendation. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application Backup Information 3) Resolution Packet Page -1741- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 6/11/2013 17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution amending Resolution No. 90 -292 (Development Order 90 -3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, Amendments to Development Order by (A) extending the Phase III completion date, the build -out date and the expiration date; and (B) revising references regarding the monitoring report requirement; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Golden Gate Parkway and Airport - Pulling Road in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Petition DOA - PL20130000492) Meeting Date: 6/11/2013 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 5/16/2013 11:56:33 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/17/2013 4:52:56 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 5/21/2013 1:18:55 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 5/21/2013 1:47:30 PM Name: AshtonHeidi Packet Page -1742- Title: Section Chief/Land Use- Transportation,County Attor Date: 5/21/2013 2:52:50 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/21/2013 4:16:00 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/28/2013 9:48:48 AM Name: KlatzkowJeff Title: County Attorney Date: 5/30/2013 11:17:20 AM Name: OchsLeo Title: County Manager Date: 5/31/2013 11:42:33 AM Packet Page -1743- 6/11/2013 17.A. 6/11/2013 17.A. AGENDA ITEM Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MAY 16, 2013 SUBJECT: DOA- PL20130000492: HALSTATT /GREY OAKS DEVELOPMENT OF REGIONAL IMPACT APPLICANT & APPLICANT /AGENTS: Owner /Applicant: Halstatt, LLC 2600 Golden Gate Parkway Naples, FL 34105 Agents: John M. Passidomo and and Clay C. Brooker 821 Fifth Avenue South Naples, FL 34102 NOTE: Many parcels within the DRI have been sold to others; Halstatt LLC is the owner of the unimproved, unplatted tract located at the northwest quadrant of the intersection of golden Gate Parkway and Airport Road and the converted name of the original developer, Halstatt Partnership. See the agent's document in the application entitled, "Halstatt/Grey Oaks DRI D.O. Amendment Application, Sold/Developed Information" for additional details. Other owners in the DRI include Naples Grande Holdings LLC, Sea Investments LLC and numerous residential dwelling unit owners. REQUESTED ACTION: The petitioner seeks an amendment to the Halstatt/Grey Oaks Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to extend the buildout date by four (4) years and three hundred sixty- -four (364) days. GEOGRAPHIC LOCATION: The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. The northwest quadrant consisting of 354 acres is within the City of Naples. The northeast and southeast quadrants, consisting of 1,247 acres, are located in Collier County. See the map on next page for details. DOA- PL20130000492: HALSTATT /GREY OAKS DRI Page 1 of 4 May 16, 2013 CCPC Revised 4123/13 Packet Page -1744- 6/11/2013 17.A. PURPOSE/DESCRIPTION OF PROJECT: The DRI DO for this project was approved on June 6, 1990, with the adoption of Resolution Number 90- 292 (DRI DO Number 90 -3). A portion of the DRI is located within the City of Naples also. There have been numerous amendments to that approval over the years. Please refer to the applicant's agent's Notice of Proposed Change (NOPC) document, question #7 that provides a listing of the previous actions. The Southwest Florida Regional Planning Council (RPC) staff report (copy attached) also contains background and previous change information. That document indicates that the petitioner is seeking to extend this project's Collier County Buildout, Phase III Completion and Expiration dates from June 6, 2013 to June 5, 2018. The petitioner wishes to extend those same dates for the portion in the City of Naples from October 17, 2013 to October 16, 2018. The petition is scheduled to be heard by the City of Naples on June 5, 2013. This Notice of Proposed Change (NOPC) is to extend the buildout date by four (4) years and three hundred sixty —four (364) days. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The RPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 18, 2013, with staff's recommendations that are shown below: The applicant has provided acceptable draft amended development orders. One addition amendment is recommended to address the law allowing for biannual monitoring reports instead of annual. 1. Notify Collier County, the City of Naples, the Florida Department of Economic Development and the applicant that the proposed changes do not create additional regional impacts. 2. Request that Collier County and the City of Naples provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes. 3. Request that Collier County and the City of Naples provide the SWTRPC copies of the final amended Grey Oaks DRI Development Orders. A copy of the complete RPC assessment is included in the application material. DEPARTMENT OF COMMUNITY AFFAIRS MCA): DCA has not offered any objection to the proposed amendment. CITY OF NAPLES: The project is scheduled to be heard by the City of Naples on June 5, 2013. DOA- PL20130000492: HALSTATT /GREY OAKS DRI Page 2 of 4 May 16, 2013 CCPC Revised 4/23113 Packet Page -1746- 6/11/2013 17.A. 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 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 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. 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 April 23, 2013. That office staff notes the following criteria are to be considered for DRI amendments: Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA- PL20130000492 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA- PL20130000492: HALSTATT /GREY OAKS DRI Page 3 of 4 May 16, 2013 CCPC Revised 4/23/13 Packet Page -1747- PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: s RAY YND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, INTERIM DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: a NICK CASALANGUIDA,'AI)MN19TR ATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the June 25, 2013 Board of County Commissioners Meeting Attachment: RPC staff report DOA- PL20130000492: HALSTATT /GREY OAKS DR[ May 16, 2013 CCPC Revised 4/18/13 Packet Page -1748- 6/11/2013 17.A. Page 4 of 4 6/11/2013 17.A. COLLIER COUNTY GOUER11M EN T 2800 NORTH, HORSESHOE DRIVE GROVTrH MANAGEMENT MGM NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6353 mr:vvi.coliiergov.nst LI � A.� • i"'wI I �a)N F0 i t..� BLIC' H Er ` R.I VV { 0,R (checf, on G). ® D ; NotiCe of Proposed Ch,a1ge (DOA,,) F-1 Other DRI Development Order Arnendmenit (DOA) PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT INFORMATION —1 APPLICANT(S) Halstatt, LLC FIRM ADDRESS 2600 Golden Gate Parkway CITY Naples STATE Florida Zip 34105 TELEPHONE # (239) 262 -2600 CELL # FAX # E -MAIL ADDRESS: Is the applicant the owner of the subject property? ® Yes ❑ No Please provide the following information on separate sheets. ❑ (a) If applicant is a land trust, so indicate and name beneficiaries. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. ❑✓ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. ❑✓ (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. April 2011 Packet Page -1749- 6/11/2013 17.A. Coly County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252.2400 FAX (239) 262 -6358 www.colifergov.net AGENT INFORMATION - NAME OF AGENT John M. Passidomo and Clay C. Brooker FIRM Cheffy Passidomo, P.A. ADDRESS 821 Fifth Avenue South CITY Naples STATE Florida ZIP 34102 TELEPHONE # (239) 261 -9300 CELL # FAX # (239) 261 -9782 E -MAIL ADDRESS: ccbrooker @napieslaw.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROPERTY INFORMATION Detailed legal description of the Property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. if questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 24-26/49 /25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: See attached legal (Grey Oaks DRI) Size of property: ft. X ft. = Total Sq. Ft. Acres 1600 Address /general location of subject property Golden Gate Pkwy and Airport Road Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section/Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: Packet Page -1750- April 2011 6/11/2013 17.A. -'4- coid r County COLLIER COUN ;' GOVERNMENT 2300 NORTH HORSESHOE DRIVE GROVITH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 2526358 mvw.coliiergov.net DETAIL Or R =flUEST Does the proposed action comply with the Collier County Growth Management Plan? ❑E Yes ❑ No If no, provide a written explanation. Has a public hearing been held on this property within the fast year? ❑ Yes ❑Q No If so, please provide a written explanation of the hearing. If this is a NOPC application, has any portion of the DR[ been SOLD and /or R DEVELOPED? If so, please provide a written explanation. Please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a fist of all previous actions on the subject site, beginning with the original DRI /PUD approval and including all subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. Section 10.03.05.6.3 of the Land Development Code requires an applicant to rem7public public hearing advertising sign (s) after final action is taken by the Board Commissioners. Based on the Board's final action on this item, please remove hearing advertising sign (s) immediately RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. April 2011 Packet Page -1751- 6/11/2013 17.A. COLLIER COUN i Y GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION r coLiler County 2800 NORTH HORSESHOE DRIVE NAPLES: FLORIDA 34104 (239) 252 -2400 FAX (239} 2526358 www.colliergov.net APPLICATION REQUIREMENTS FOR PUBLIC HEARING A pre - application conference is mandatory prior to submitting an application to amend a DRI or any Development Order. The petitioner shall submit copies plus the original of application form in compliance with the Checklist attached. Additional copies may be requested depending upon distribution demands. The applicant and /or his designated representatives must be present at all public hearings and meetings relative to this petition. ALL EXHIBITS AND PLANS SUBMITTED MUST BE FOLDED OR REDUCED TO A SIZE TO FIT IN A LEGAL SIZE FOLDER. OVERSIZED EXHIBITS MAY BE USED AT THE PUBLIC HEARINGS; HOWEVER, THEY WILL BECOME A PERMANENT PART OF THE APPLICATION. Any documents or plans referenced as an exhibit shall be reduced to 8'/' x I V and made a part of the Development Order. April 2011 Packet Page -1752- 6/11/2013 17.A. Cal��ra�r county COLLIER COUNTY GOVERNMENT 2800 NOR T H HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 282 -6358 Vmw.coliiergov.net DEVELOPMENT OF REGIONAL IMPACT DRI, DOA SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS OF COPIES REQUIRED NOT REQUIRED Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area Completed Collier County Public Hearing Application 1 —11-1 � El Pre - application meeting notes /z Site plan 24' x 36' and One 8'/" x 11' copy, and one jpg copy (from DRI Development Order Completed State NOPC Form with all attachments (if amendment) 12 �. Completed State ADA Form with all attachments (if original DRI) Draft DRI Development Order to address proposed change 12. Legal Description 2 List identifying Owner & all parties of corporation 2 Owner /Agent Affidavit signed & sealed 2 Completed Addressing checklist (no older than 6 months) 2 Copies of Notices sent to DCA and RPC 2 Environmental Impact Statement (EIS) and digital/electronic-copy of EIS or exemption justification Survey signed & sealed (no older than 6 months) 3 4 Traffic Impact Statement (TIS) or waiver 5 Aerial photographs (taken within the previous 12 months min scaled 1'=200'), showin FLUFCS Codes, Legend, #'s and project boundary 5 Electronic copy of all documents in Word format (CD -ROM or Diskette 3 El Project Narrative 3 Affidavit, signed and notarized 2 El School Impact Analysis Application - residential projects only download the School Impact Analysis Application from website) 2 SCHOOL CONCURRENCY - If the proposed project includes a residential component, you are required to contact the School District of Collier County at 239 -377 -0267 to discuss school concurrency requirements. April 2011 Packet Page -1753- COLLIER COUNTY GOVERNMENT GRONITH MANAGEMENT DIVISION/ PLANNING AND REGULATION Go er Coxxty 2800 NORTH HORSESHOE DRIVE NAPLES; FLORIDA 34104 (239) 252 -2400 FAX (239) 252.6358 wvA,%r.colllergov.net 6/11/2013 17.A. EEs. ❑ $10,000 DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fraction thereof). 0 $2,250.00 Comprehensive Plan Consistency Review (does not apply to DR[ amendment) 0 $6,000 DRI /DOA Amendment Development Order plus $25.00 acre (or fraction thereof) the acreage charge does not apply for amendments which only change the build -out date of the DO for a time period of less than five years. 0 DOA- $120.00 Fire Review Fee ❑ DRI - $200.00 Fire Review Fee © ($500.00) Pre - application credit (Applications submitted 9 months or more after the date of the last pre- app meeting shall not be credited towards application fees and a new pre - application meeting will be required. $925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples News). $500.00 Legal Advertising Fee for BCC meeting ❑ $2500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.50 Non- certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from the Zoning Services Department) Transoortation Fees if required: ❑ $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required School Concurrence Fees ❑ [reserved] School Concurrency Review Fee, if required * Mitigation Fees, if applicable, to be determined by the School District in coordination with the County. Note: An additional fee for the 51' and subsequent re- submittal will be accessed at 20% of the original fee. April 2011 Packet Page -1754- 6/11/2013 17.A. Co &-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 282.2400 FAX (239) 252.6358 www.colliergov.net AFFIDAVIT We/I, HALSTATT, uc being first duly sworn, depose and say that we /l am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /l further authorize Passidomo, Esq. and o�adt Brooker, lmy representative in any matters regarding this Petition. of e y Passi omo, PA. �� ✓`� I Si nature of Property , pr Signature of Property Owner Katherine G. Sproul Typed or Panted Name of Owner Typed or Printed Name of Owner ,� h d The foregoing instrument was acknowledged before me this -.; day of March 2013 , by Katherine G. Sproul who is personally known to me or has produced as identification. State of Florida (Sig ature of Notary Public - State of County of Collier M D DAVI N (Print, Type, or Stamp Commissioned Name of Notary Public) ,, tidslriyr ,, KIM D. DAVIDSON ,. .� W COMMISSION! DD 934069 Bonded l7W Notary Pubhc Undervnit= Packet Page -1755- April 2011 6/11/2013 17.A. Halstatt /Grev Oaks DRI D.O. Amendment Application Owner /Applicant Information The applicant is the Halstatt, LLC, formerly known as the Halstatt Partnership. The current owners of the Halstatt, LLC are the Juliet C. Sproul Family Inheritance Trust and the Sproul Family Dynasty Trust. Minor owners (less than 5 %) are Katherine G. Sproul, Juliet A. Sproul and Jennifer S. Sullivan. The Halstatt Partnership was the original developer of the Grey Oaks DRI. According to public records, the Halstatt Partnership is the owner of the unimproved, unplatted tract located at the northwest quadrant of the intersection of Golden Gate Parkway and Airport Road. As mentioned above, the Halstatt Partnership has converted to the Halstatt, I.I.C. Packet Page -1756- 6/11/2013 17.A. W Isgal Description All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that %00 foot canal right -of -way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right- of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C -686) as described in O.R. Book 465, page 275, and O.R. Book 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands as described in O.R. Book 194, page 603 and .O.R. Book 640, page 229, Public Records of Collier County, Floridai ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier county, Florida, lying westerly of Airport - Pulling Road (C -31) and northerly of Golden Gate Parkway (C- 886); LESS that portion thereof as described in O.R. Bock 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1601.39 net acres more or less. Packet Page -1757- 6/11/2013 W.A. Halstatt /Grey Oaks DRI D.O. Amendment Application Sold /Developed Information The land comprising the Grey Oaks DRI is often described In terms of three quadrants, with the demarcation point being the Intersection of Golden Gate Parkway and Airport Road (the "Intersection"). The "Northeast Quadrant" refers to that portion of the DRI situated northeast of the Intersection. The Northeast Quadrant, which lies within the boundaries of unincorporated Collier County, is comprised primarily of single - family residential platted subdivisions, two golf courses and a clubhouse. The Northeast Quadrant is largely developed, with the exception of some vacant single - family lots (the majority of which are located within the Traditions subdivision and the Torino and Miramonte subdivision). The "Southeast Quadrant" refers to that portion of the DRI situated southeast of the Intersection. The Southeast Quadrant, which also lies within the boundaries of unincorporated Collier County, is comprised primarily of an already -built golf course (Naples Grande Golf Club) and two unplatted, undeveloped multi - family residential tracts owned by Naples Grande Holdings, LLC and Sea Investments, LLC, respectively. The "Northwest Quadrant" refers to that portion of the DRI situation northwest of the Intersection. The Northwest Quadrant, which lies within the boundaries of the City of Naples, is comprised of the Estuary at Grey Oaks subdivision, a golf course, a clubhouse, and an unplatted, undeveloped tract owned by the Halstaft, LLC (applicant). The majority of the lots within the Estuary have been developed. Packet Page -1758- 6/11/2013 17.A. Halstatt /Grey Oaks DRI D.O. Amendment Application Narrative Explanation of Requested Amendment The Grey Oaks DRI (formerly known as the Halstatt DRI) consists of 1,601 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designed "Activity Center" in the Collier County Growth Management Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 354 acres, Is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of the Grey Oaks DRI, consisting of 1,247 acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (D.O.90 -3) was issued by Collier County Resolution No. 90- 292 on June 6, 1990. The City of Naples approved the portion of the DRI within Its jurisdiction on October 17, 1990, in Resolution No. 90 -6211. The Development Order has been amended by the County and City several times since Initial adoption. The only change proposed in this NOPC is an extension of 4 years, 364 days to the respective build -out dates in the County and City Development Orders. Corresponding extensions to the Phase III completion dates and the expiration dates of the Development Orders are also proposed, such that those dates will coincide with the proposed build -out dates. See below: Current Collier County: Build - outdate June 6, 2013 Phase III completion date June 6, 2013 Expiration date June 6, 2015 City of Naples: Build- outdate October 17, 2013 Phase 111 completion date October 17, 2013 Expiration date October 17, 2012 Proposed June 5, 2018 June 5, 2018 June 5, 2018 October 16, 2018 October 16, 2018 October 16, 2018 Pursuant to Section 380.06(19)(c)1, Florida Statutes, an extension of a build -out date of less than five years is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, such a proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)5. Packet Page -1759- 6/11/2013 17.A. FORM DEO- BCP- PROPCHANGE -1 Rule 73C- 40.010, FAC, Effective 11 -20 -90 (Renumbered 10- 01 -11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, John M. Passidomo, the undersigned authorized representative of the Halstatt, LLC (formerly, the Halstatt Partnership), hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Grey Oaks DRI (formerly known as the Halstatt DRI) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, the City of Naples, the Southwest Florida Regional Planning Council, and the Division of Community Planning and Development, Department of Economic Opportunity. Date - —Signature 1 Packet Page -1760- 6/11/2013 W.A. 2. Applicant: Halstatt, LLC 2600 Golden Gate Parkway Naples, Florida 34105 (239) 262 -2600 3. Authorized Agent: John M. Passidomo, Esq. Cheffy Passidomo, P.A. 821 Fifth Avenue South Naples, Florida 34102 (239) 261 -9300 4. Location (City, County, Township /Range /Section) of approved DRI and proposed change: Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI (formerly known as the Halstatt DRI) consists of 1,601 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designed "Activity Center" in the Collier County Growth Management Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 354 acres, is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of the Grey Oaks DRI, consisting of 1,247 acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (D.O. 90 -3) was issued by Collier County Resolution No. 90-292 on June 6, 1990. The City of Naples approved the portion of the DRI within its jurisdiction on October 17, 1990, in Resolution No. 90 -6211. Subsequent amendments to the County and City DRI Development Orders are described in response to question 7 below. Corresponding extensions to the Phase III completion dates and the expiration dates of the Development Orders are also proposed, such that those dates will coincide with the proposed build -out dates. See below: 7 Packet Page -1761- Collier County: Build -out date Phase III completion date Expiration date City of Naples: Build -out date Phase III completion date Expiration date Cur= June 6, 2013 June 6, 2013 June 6, 2015 October 17, 2013 October 17, 2013 October 17, 2012 6/11/2013 17.A. Proposed June 5, 2018 June 5, 2018 June 5, 2018 October 16, 2018 October 16, 2018 October 16, 2018 Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)5. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? a. On October 16, 1990, pursuant to an agreement between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order (D.O.90 -5) through the adoption of Resolution No. 90 -498. b. On November 27, 1990, to correct a scrivener's error in Development Order 90 -5, Collier County adopted Resolution No. 99 -571, which added the words "apply for or" to the third sentence of Section 5, Subsection d.(4) of Development Order 90- 4. C. On October 7, 1998, the City of Naples adopted Resolution No. 98 -8372, which amended the Master Plan and approved a total of 18 golf holes located within the northwest quadrant of the DRI. 3 Packet Page -1762- 6/11/2013 17.A. d. On November 24, 1998, in response to the NOPC submitted by the Halstatt Partnership, Collier County issued Development Order 98 -2, through the adoption of Resolution No. 98 -472, which amended the Development Order and Master Plan to reduce the number of residential units to 1,900, Increase the number of golf holes to 72, shift the site of the hotel use to the southeast quadrant, and increase the conservation, lakes and preservation areas from 180.1 acres to 236.78 acres. e. On June 27, 2000, in response to the NOPC submitted by the Halstatt Partnership and Naples Golf Course Holdings, Ltd., Collier County issued Development Order 2000 -04, through the adoption of Resolution No. 2000 -190, which amended the Development Order and Master Plan to internally relocate already- approved uses and reduce the number of residential units to 1,600. f. On October 18, 2000, the City of Naples adopted Resolution No. 00- 8971 -A, which was a companion amendment to Collier County's issuance of Development Order 2000 -04, described immediately above in subparagraph e. g. On April 24, 2007, in response to an NOPC, Collier County issued Development Order 07 -02, through the adoption of Resolution No. 09 -99, which reduced commercial - allotted acreage and increased the number of residential units to 1,775. h. On September 12, 2007, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional Impact pursuant to Section 380.06(19)(c), Florida Statutes (as amended by Section 6 of Chapter 2007- 204, Laws of Florida), and recorded the corresponding Notice in Official Records Book 4322, Page 2286, of the Public Records of Collier County, Florida. This notification automatically granted a 3 -year extension to the phase, buildout and expiration dates of the Development Orders issued by Collier County and the City of Naples, respectively, as follows: Collier County: City of Naples: Phase III completion date Build - outdate Expiration date Phase ill completion date Build -out date Expiration date June 6, 2013 June 6, 2013 June 6, 2015 October 17, 2013 October 17, 2013 October 17, 2010 On December 29, 2010, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional Impact pursuant to 4 Packet Page -1763- 6/11/2013 17.A. Section 46 of Chapter 2010 -147, Laws of Florida, which notification automatically granted a 2 -year extension to the expiration date of the Development Order Issued by the City of Naples, such that the expiration date was extended to October 17, 2012. B. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within % mile on a project master site plan or other map, a 10. None. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO X(* * Pursuant to Section 380.06(19)(c)i, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)S. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Yes. Collier County: Build -out date Phase Ill completion date Expiration date City of Naples: Build -out date Phase iii completion date Expiration date Current Proposed June 6, 2013 June 5, 2018 June 6, 2013 June 5, 2018 June 6, 2015 June 5, 2018 October 17, 2013 October 16, 2018 October 17, 2013 October 16, 2018 October 17, 2012 October 16, 2018 5 Packet Page -1764- 6/11/2013 17.A. 11. Will the proposed change require an amendment to the local government comprehensive plan? M Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 73- 40.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. No change to Master Plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Paragraph 8 (entitled "General Considerations "), subparagraph b, in both the County and the City's Development Orders, as amended, is revised to read as follows (additions are underlined): The development phasing schedule set forth in the PUD Document (Table 11, Exhibit G) is incorporated as a condition of approval. However, due to recent real estate market conditions, both the Phase III completion date and the DRI build -out date are extended to June 5, 2018 for development in Collier County and October 16 2018 for development in the City of Naples. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") in the County's Development Order, as amended, is revised to read as follow (additions are underlined, deletions are St.�n thF921f' : 6 Packet Page -1765- 6/11/2013 17.A. This Development Order shall remain In effect from th .. _M date Of adoption until June 5, 2018. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") in the City'ss Development Order, as amended, is revised to read as follow (additions are underlined, deletions are strisl-en thpat�gi i. This Development Order shall remain in effect fai: sevantaon 1 +�_ gi until October 16, 2018. M. b. An updated legal description of the property, if any project acreage is /has been added or deleted to the previously approved plan of development; No change to legal description. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change to commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed changes to the Phase ill completion dates, build -out dates and expiration dates are set forth in paragraph 13.a above. e. A proposed amended development order date until which the local government agrees that the changes to the DR[ shall not be subject to down- zoning, unit density reduction, or intensity reduction, if applicable; and The proposed changes to the Phase III completion dates, build -out dates and expiration dates are set forth in paragraph 13.a above. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C- 40.025 (7), F.A.C. No change. 7 Packet Page -1766- 6/11/2013 17.A. RESOLUTION NO. 13- DEVELOPMENT ORDER A RESOLUTION AMENDING THE DEVELOPMENT ORDER FOR THE GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER RESOLUTION, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. WHEREAS, the City Council of Naples, Florida approved a Development Order by Resolution No. 90 -6211 on October 17, 1990, for the Grey Oaks Development of Regional Impact ( "Grey Oaks DRI "); and WHEREAS, the same Grey Oaks DRI was approved by the Board of County Commissioners of Collier County, Florida in County Resolution No. 90 -292 (Development Order No. 90 -3) on June 6, 1990; and WHEREAS, the City Council of Naples, Florida amended the Development Order for the Grey Oaks DRI by Resolution No. 98 -8372 on October 7, 1998; and WHEREAS, the City Council of Naples, Florida again amended the Development Order for the Grey Oaks DRI by Resolution No. 00- 8971 -A on October 18, 2000; and WHEREAS, the Halstatt, LLC (formerly, the Halstatt Partnership), through its authorized agent, has filed its application and Notice of Proposed Change to a Previously Approved DRI (NOPC), which application and NOPC is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City Council as the governing body of the City of Naples, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Grey Oaks DRI; and WHEREAS, on ' 2013, the City Council of the City of Naples, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the Grey Oaks application and NOPC, (b) the record made at the aforementioned hearings, (c) the record of the documentary and oral evidence presented to the City of Naples Planning Advisory Board, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the City Council hereby approves the following Grey Oaks DRI Development Order amendments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Naples, Florida, that: Packet Page -1767- 6/11/2013 17.A. SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 8 (entitled "General Considerations "), subparagraph b, of the "Findings of Fact" section of Resolution No. 98 -8372 (page 16), as amended, is revised to read as follows: 8. The development phasing schedule set forth in the PUD Document (Table II, Exhibit G) is incorporated as a condition of approval. However, due to recent real estate market conditions both the Phase III completion date and the DRI build -out date are extended to October 16, 2018. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. B. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") of Resolution No. 98 -8372 (page 17), as amended, is revised to read as follows: 2. This Development Order shall remain in effect f9F seventee 44W4 until October 16, 2018. C. Paragraph 5 (unentitled section following "Be It Further Resolved) of Resolution No. 90 -292 (Development Order No. 90 -3, as amended) (page 17) is revised to read as follows: The applicant or its successor(s) in title to the subject property shall submit a report biaAnually biennially, commencing one year from the effective date of this development order, to the City Council, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 91-2. 025(7), 73C- 40.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DR! ne9Rit9.:„„ c„ t", Form DEO -BCP- BIENNIAL REPORT -1, as may be amended, provided by the SWFRPC. Failure to submit the WaRAwal biennial report shall be governed by Subsection 380.06(18), Florida Statutes. Packet Page -1768- 6/11/2013 17.A. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Grey Oaks DRI do not meet or exceed any of the criteria listed in Section 380.06(19)(b), Florida Statutes. B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the NOPC to the City, Collier County, the Regional Planning Council and the Department of Economic Opportunity. C. The application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the Regional Planning Council. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Grey Oaks DRI do not constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, and therefore do not require further Development of Regional Impact review. B. The proposed changes to the previously approved Grey Oaks DRI 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 Grey Oaks DRI are consistent with the City of Naples Comprehensive Plan and the land development regulations adopted pursuant thereto. D. The proposed changes to the previously approved Grey Oaks DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE A. Except as amended by Resolution No. 98 -8372, Resolution No. 00- 8971 -A and herein, Resolution No. 90 -6211 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Packet Page -1769- 6/11/2013 17.A. B. Copies of this Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the Southwest Florida Regional Planning Council. C. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this City Council. This Resolution adopted after motion, second and majority vote. Done this day of City of Naples, Florida By: John F. Sorey, III, Mayor Attest: Patricia L. Rambosk, City Clerk Approved as to accuracy: Robin Singer, Planning Director 2013. Packet Page -1770- 6/11/2013 17.A. April 5, 2013 Kay Deselem, AICP, Principal Planner Zoning Services -- Planning & Zoning Department Growth Management Division -- Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Re: Grey Oaks DOA- PL20130000492 Dear Ms. Deselem: I am writing on behalf of Sea Investments, LLC, which owns the unplatted, unimproved property located at 10967 Livingston Road (folio no. 00267080009). This property is situated within the Grey Oaks DRI. We have reviewed the above- referenced development order amendment application submitted by Halstatt, LLC, in addition to the Notice of Proposed Change (NOPC) to the DRl and other associated documents. Please be advised that Sea investments, LLC supports the application and the NOPC. Sincerely, Sea Inve , LLC By: Its: Wade C. Lau ice President Packet Page -1771- 6/11/2013 17.A. NAPLES GRANDE HOLDINGS, LLC April 5, 2013 Kay Deselem, AICP, Principal Planner Zoning Services -- Planning & Zoning Department Growth Management Division -- Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Re: Grey Oaks DOA- PL20130000492 Dear Ms. Deselem: I am writing on behalf of Naples Grande Holdings, LLC, which owns the unplatted, unimproved property located at 7540 Golden Gate Parkway (folio no. 00267120600). This property is situated within the Grey Oaks DRI. We have reviewed the above - referenced development order amendment application submitted by Halstatt, LLC, in addition to the Notice of Proposed Change (NOPC) to the DR[ and other associated documents. Please be advised that Naples Grande Holdings, LLC supports the application and the NOPC. Sincerely, Naples Grande Holdings, LLC By: The Von Liebig Office, Inc., Manager By: Bessemer Trust Company of Florida, r _Authoriz-ed- ,,Agent Todd H. ubovy Its: Packet Page -1772- 6/11/2013 17.A. DEVELOPMENT ORDER NO. 13- RESOLUTION NO. 13- A RESOLUTION AMENDING RESOLUTION NO. 90-292 (DEVELOPMENT ORDER 90-3, AS AMENDED) FOR THE HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD-OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE MONITORING REPORT REQUIREMENT; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND AIRPORT-PULLING ROAD IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA (PETITION DOA- PL20130000492) WHEREAS, the Board of County Commissioners of Collier County approved Resolution No. 90-292 (Development Order No. 90-3), which approved a Development of Regional Impact (DR]) known as the Halstatt DRI (now known as the Grey Oaks DRI) on June 6, 1990; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and, by reference, made apart of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 90-292 (Development Order No. 90-3); and wit: WHEREAS, the Development Order has been subsequently amended several times, to (i) Resolution No. 90498 (Development Order No. 90-5), October 16, 1990; (ii) Resolution No. 90- 571, November 27,1990; (iii) Resolution No. 98472 (Development Order No. 98-2), November 24, 1998; (iv) Resolution No. 98 -471, November 24, 1998; (v) Resolution No. 00-190 (Development Order No. 00-04). June 27, 2000; (vi) Resolution No. 07-99 (Development Order No. 07-02), April 24, 2007; (vii) Resolution No. 09-269 (Development Order No. 09-01), November 10, 2009; and Grey Oaks DRITUD — DOA-PL20130000492 Rev. 5120/13 Packet Page -1773- I ofs CA C); 6/11/2013 17.A. WHEREAS, the Halstatt, LLC (formerly, the Halstatt Partnership), through its authorized agent, has filed a Development Order Amendment (BOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC), which NOPC is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on May 16, 2013; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Grey Oaks DRI; and WHEREAS, at a public hearing held on June 11, 2013, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the fallowing Grey Oaks DRI Development Order amendments. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 8 (entitled "'General Considerations "), subparagraph b, of the "Conclusions of Law" section of Resolution No. 90 -292 (Development Order No. 90 -3, as amended) (page 15) is revised to read as follows: 8. The development phasing schedule set forth in the PUD Document (Table 11, Exhibit G) is incorporated as a condition of approval. However, in accordance with Section 380.060 WO F S (2007) Mplicant provided the required notice; and due to recent real estate market conditions. both the Phase III completion date and the DRI build -out date are extended to June 5 2013. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. Grey Oaks DRYPUD — DOA- PL20130000492 2 of 5 Rev. 5/20113 Packet Page -1774- CA 6/11/2013 17.A. B. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") of Resolution No. 90 -292 (Development Order No. 90 -3, as amended) (page 17) is revised to read as follows: 2. This Development Order shall remain in effect f r seye tee until October 16. 2018. C. Paragraph 5 ( unentitled section follo-wing "Be it Further Resolved ") of Resolution No. 90 -292 (Development Order No. 90 -3, as amended (page 17) is revised as follows: The applicant or its successor(s) in title to the subject property shall submit a report biennially, commencing one 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 GeffHneflity — Affairs Economic Opportunity. This report shall contain the information required in Section "' -2.025(7), 73C- 40.025(7), Florida Administrative Code. This report shall be prepared in accordance with the '9PJ Mei^ �r-iag fefmaV Form DEO -BCP- BIENNIAL REPORT -1, as may be amended, provided by the - SWFRPC. Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Grey Oaks DRI do not meet or exceed any of the criteria listed in Section 380.06(19)(b), Florida Statutes. B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the NOPC to the City of Naples, Collier County, the S'VVFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in development intensity is authorized by this Resolution. Grey Oaks DRIJPUD — DOA- PL20130000492 3 of 5 :Rev. 5120 /13 Packet Page -1775- I() 6/11/2013 17.A. SECTION THREE: CONCLUSIONS QF LAW A. The proposed changes to the previously approved Grey Oaks DRI do not constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, and therefore do not require further Development of Regional Impact review. B. The proposed changes to the previously approved Grey Oaks DRI 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 Grey Oaks DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Grey Oaks DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE A. Except as amended hereby, Development Order 90 -3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order /Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the SWFRPC. C. This Development Order/Resolution shall take effect as provided by law. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: DWIGHT E. BR.00K, CLERK Deputy Clerk Grey Oaks D.R11PUD _ DOA- PL2013000049 Rev. 5,20/13 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4 of 5 GEORGIA A. HILLER, ESQ. Chairwoman Packet Page -1776 - O(-PI( 6/11/2013 17.A. Approved as to form and legality: L Heidi Ashton-Cicko Managing Assistant County attorney Attachment: Exhibit A — Notice of Proposed Change CP\13-CPS-01216L9 Grey Oaks DRI/PUD — DOA-PL20130000492 5 of 5 Rev. 5/20/13 Packet Page -1777- 6/11/2013 17.A. FORM DEO- BCP- PROPCHANGE -1 Rule 73C- 40.010, FAC. Effective 11 -20 -90 (Renumbered 10- 01 -11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. 1, John M. Passidomo, the undersigned authorized representative of the Halstatt, LLC (formerly, the Halstatt Partnership), hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. in support thereof, 1 submit the following information concerning the Grey Oaks DRI (formerly known as the Halstatt DRI) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, the City of Naples, the Southwest Florida Regional Planning Council, and the Division of Community Planning and Development, Department of Economic Opportunity. Date ---Signature Exhibit A r Packet Page - 1778 -• 6/11/2013 17.A. 2. Applicant: Hallstatt, LLC 2600 Golden Gate Parkway Naples, Florida 34105 (239) 262 -2600 3. Authorized Agent: Jahn M. Passidomo, Esq. Cheffy Passidomo, P.A. 921 Fifth Avenue South Naples, Florida 34102 (239) 261 -9300 4. Location (City, County, Township /Range /Section) of approved DRI and proposed change: Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI (formerly known as the Halstatt DRI) consists of 1,601 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designed "Activity Center" In the Collier County Growth Management Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 354 acres, is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of the Grey Oaks DRI, consisting of 1,247 acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (D.O. 90-3) was Issued by Collier County Resolution No. 90 -292 on June 6, 1990. The City of Naples approved the portion of the DRI within Its jurisdiction on October 17, 1990, in Resolution No. 90 -6211. Subsequent amendments to the County and City DRI Development Orders are described in response to question 7 below. Corresponding extensions to the Phase III completion dates and the expiration dates of the Development Orders are also proposed, such that those dates will coincide with the proposed build -out dates. See below: K Packet Page -1779- a 6/11/2013 17.A. Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)S. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change. 7. List all the dates and resolution numbers for other appropriate identification numbers) of all modifications or amendments to the originally approved DR] development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new Dill development order for the project; a, On October 16, 1990, pursuant to an agreement between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order ('D.O.90 -5) through the adoption of Resolution No. 90 -498. b. On November 27, 1990, to correct a scrivener's error in development Order 90 -5, Collier County adopted Resolution No. 99 -571, which added the words "apply for or to the third sentence of Section S, Subsection d.(4) of development Order 90- 4. C. On October 7, 1998, the City of Naples adopted Resolution No. 98 -8372, which amended the Master Plan and approved a total of 18 golf holes located within the northwest quadrant of the DRI. 3 Packet Page -1780- UA6 Current Proposed Collier County: Build -out date Phase III completion date June 6, 2013 June 5, 2018 Expiration date June 6 2013 June 6, 2015 June a, 2018 .tune 5, 2018 C___yt of Naples: Build -out date Phase III completion date October 17, 2013 October 16, 2018 Expiration date October 17, 2013 October 17, 2012 October 16, 2018 October 16, 2018 Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)S. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change. 7. List all the dates and resolution numbers for other appropriate identification numbers) of all modifications or amendments to the originally approved DR] development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new Dill development order for the project; a, On October 16, 1990, pursuant to an agreement between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order ('D.O.90 -5) through the adoption of Resolution No. 90 -498. b. On November 27, 1990, to correct a scrivener's error in development Order 90 -5, Collier County adopted Resolution No. 99 -571, which added the words "apply for or to the third sentence of Section S, Subsection d.(4) of development Order 90- 4. C. On October 7, 1998, the City of Naples adopted Resolution No. 98 -8372, which amended the Master Plan and approved a total of 18 golf holes located within the northwest quadrant of the DRI. 3 Packet Page -1780- UA6 6/11/2013 W.A. d. On November 24, 1998, in response to the NOPC submitted by the Halstatt Partnership, Copier County issued Development Order 98 -2, through the adoption of Resolution No. 98 -472, which amended the Development Order and Master Plan to reduce the number of residential units to 1,900, increase the number of golf holes to 72, shift the site of the hotel use to the southeast quadrant, and increase the conservation, lakes and preservation areas from 180.1 acres to 236.78 acres. e. On June 27, 2000, In response to the NOPC submitted by the Halstatt Partnership and Naples Golf Course Holdings, Ltd., Collier County issued Development Order 2000 -04, through the adoption of Resolution No. 2000 -190, which amended the Development Order and Master Plan to internally relocate already- approved uses and reduce the number of residential units to 1,600. f. On October 18, 2000, the City of Naples adopted Resolution No. 00- 8971 -A, which was a companion amendment to Collier County's issuance of Development Order 2000 -04, described immediately above in subparagraph e. g. On April 24, 2007, in response to an NOPC, Collier County Issued Development Order 07 -02, through the adoption of Resolution No. 09.99, which reduced commercial - allotted acreage and increased the number of residential units to 1,775. h. On September 12, 2007, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional impact pursuant to Section 380.06(19)(c), Florida Statutes (as amended by Section 6 of Chapter 2007- 204, Laws of Florida), and recorded the corresponding Notice in Official Records Book 4322, Page 2286, of the Public Records of Collier County, Florida. This notification automatically granted a 3- year extension to the phase, buiidout and expiration dates of the Development Orders issued by Collier County and the City of Naples, respectively, as follows: Collier County: Phase lit completion date June 6, 2013 Build -out date June 6, 2013 Expiration date June 6, 2015 City of Naples: Phase III completion date October 17, 2013 Build -out date October 17, 2013 Expiration date October 17, 2010 On December 29, 2010, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional Impact pursuant to 4 Packet Page -1781- •,�'i; 6/11/2013 17.A. Section 46 of Chapter 2010 -147, Laws of Florida, which notification automatically granted a 2 -year extension to the expiration date of the Development Order issued by the City of Naples, such that the expiration date was extended to October 17, 2012. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within ! mile on a project master site plan or other map. a 10. None. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO XX* * Pursuant to Section 380.06(19)(c)I, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)S. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Yes. Collier County: Build -out date Phase III completion date Expiration date City of Naples: Build -out date Phase III completion date Expiration date Current Pro osed June 6, 2013 June 5, 2018 June 6, 2013 June 5, 2018 June 6, 2015 June 5, 2018 October 17, 2013 October 16, 2018 October 17, 2013 October 16, 2018 October 17, 2012 October 16, 2018 5 Packet Page -1782- 6/11/2013 17.A. 11, Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 73-40.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. No change to Master Plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Paragraph 8 (entitled "General Considerations"), subparagraph b, in both the County and the City's Development Orders, as amended, is revised to read as fGHOWS (additions are underlined): The development phasing schedule set forth in the PUD Document (Table 11, Exhibit G) is incorporated as a condition of approval. However, due to recent real estate market conditions, both the Phase III completion date and the DRI build-out date are extended to June 5, 2018 for development in Collier County and October 16, 2018 for development in the City of Naples. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved") in the County's Development Order, as amended, is revised to read as follow (additions are underlined, deletions are StEr1ruke-m thr ugh): 6 Packet Page -1783- 6/11/2013 17.A. This Development Order shall remain in effect ffem the date ­1 --leptiGA until June S. 2018. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved") in the City'ss Development Order, as amended, is revised to read as follow (additions are underlined . deletions are str� ham); This Development Order shall remain in effect f9F se en}ner (17)_ e until October 16 2018 b. An updated legal description of the property, If any project acreage is /has been added or deleted to the previously approved plan of development; No change to legal description. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change to commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed changes to the Phase III completion dates, build -out dates and expiration dates are set forth in paragraph 13.a above. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and The proposed changes to the Phase lil completion dates, build -out dates and expiration dates are set forth in paragraph 13.a above. f, Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C- 40.025 (7), F.A.C. No change. 7 Packet Page -1784- ;��,� 6/11/2013 17.A. 24D* .:Wednesday, May 22, 2013 N N A P L'E S D A I LY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 11, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL,'the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION No. A RESOLUTION AMENDING RESOLUTION NO. 90 -292 (DEVELOPMENT ORDER 90-3, AS AMENDED) .FOR THE HALSTATTIGREY OAKS DEVELOPMENT OF REGIONAL IMPACT.BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD -OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE MONITORING REPORT REQUIREMENT; SECTION TWO, FINDINGS OF FACT SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED. AT THE INTERSECTION 'OF GOLDEN GATE PARKWAY AND AIRPORT- PULLING ROAD IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COON - TY, FLORIDA (PETITION DOA- PL20130000492) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on an agenda item, must register with the County manager prior to presentation oty the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the 'Board . will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings• pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedin s is made, which record includes the testimony and evidence upon which the appeal is based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at,no. cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) May 21_ 013 No. 1990135 Packet Page -1785-