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Agenda 07/24/2012 Item # 8A7/24/2012 Item 8.A. EXECUTIVE SUMMARY Recommendation to consider a resolution amending Development Order No. 85 -4, as amended, for Petition DOA- PL20100001550, 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 build -out 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: Effect of Previously Issued Development Orders and Transmittal to the Department of Community Affairs; 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. [Companion to Items 9B, 111 and 12A) OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) and the Southwest Florida Regional Planning Council (RPC) regarding the above referenced petition and render a decision regarding this 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 seeks an amendment to the Parklands Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: • Reduce density from 1,603 to 850; • Eliminate the golf course use; • Increase preserve area from 148 acres to 341 acres; • Revise acreages for various components of the project and removal of conversion table; • Revise Education subsection to provide for dedication instead of donation of a school site; • Revise the Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; • Revise the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; DOA- PL20100001550, The Parklands DRI Revised: 6/28/12 BCC Hearing Date 7124112 Packet Page -15- Page 1 of 4 7/24/2012 Item 8.A. • Revise the Transportation subsection to remove the proportionate share requirements for off - site road segments and removal of traffic monitoring report; • Delete the Wastewater Management section; • Revise the Water Supply subsection to identify water supply; • Revise the Leapfrog Development subsection to make minor language changes; • Revise the General Considerations subsection to make minor language changes and change reporting to biennial; • Remove the Water Management subsection; • Remove the Environmental Considerations subsection; • Remove the Transportation subsection; • Remove the Utilities subsection; • Remove the Exemptions to Subdivision Regulations; • Add a buildout date to the DRI DO; • Incorporate the litigation tolling extension provided by statute; and • Further extend the DRI DO buildout date by three hundred sixty -four days to January 22, 2026 (buildout date). 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: Comprehensive Planning Staff was not required to review this petition because the proposed action does not affect this project's original consistency determination. SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC): The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on May 17, 2012. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC staff assessment is included in the application package.) 1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed DRI DO language changes and the Map H changes does not appear to create a reasonable likelihood of additional regional impacts on regional resources or facilities not previously reviewed by the SWFRPC and that Council participation at the local public hearing is DOA- PL20100001550, The Parklands DRI Page 2 of 4 Revised: 6/28/12 BCC Hearing Date 7/24/12 Packet Page -16- 7/24/2012 Item 8.A. not necessary, unless requested by the County for technical assistance purposes. 2. Request Collier County to provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO): DEO has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on June 7, 2012 and continued to June 21, 2012. By a vote of 9 to 0, with Commissioner Ahern making the motion and Commissioner Ebert seconding the motion, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval. Letters from the Conservancy of Southwest Florida and the City of Bonita Springs were submitted. Copies are included in the back up information. No opposition was voiced in either correspondence. Two persons spoke at the CCPC hearing voicing concerns about perceived traffic impacts, but no outright opposition was stated. Therefore, this petition meets the criteria for placement on the Summary Agenda. However, because this petition is a companion to a Development Commitment Agreement that requires Board discussion and approval on the regular agenda, this petition needs to be placed on the regular agenda. LEGAL CONSIDERATIONS: DRI AMENDMENT Petitioner is requesting amendments to the DRI Resolution. The Department of Economic Opportunity has agreed that the proposed changes are not a substantial deviation in accordance with Section 380.06(19), F.S. 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 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 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. The proposed Resolution was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. A majority vote is required for Board approval. (HFAC) DOA- PL20100001550, The Parklands DRI Page 3 of 4 Revised: 6/28/12 BCC Hearing Date 7/24/12 Packet Page -17- 7/24/2012 Item 8.A. RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request for DRI Amendment, subject to the attached DRI Development Order Amendment and Resolution that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application 3) Resolution DOA- PL20100001550, The Parklands DRI Revised: 6/28/12 BCC Hearing Date 7/24/12 Packet Page -18- Page 4 of 4 7/24/2012 Item 8.A. COLLIER COUNTY Board of County Commissioners Item Number: 8.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 Development Order No. 85 -4, as amended, for Petition DOA- PL20100001550, 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 build -out 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: Effect of Previously Issued Development Orders and Transmittal to the Department of Community Affairs; 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. [COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD]. Meeting Date: 7/24/2012 Prepared By Name: DeselemKay Packet Page -19- Title: Planner, Principal,Engineering & Environmental Ser 6/26/2012 11:59:46 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/26/2012 4:56:10 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/27/2012 2:00:47 PM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 6/28/2012 10:06:15 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/28/2012 2:34:18 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 7/6/2012 9:55:55 AM Name: KlatzkowJeff Title: County Attorney Date: 7/6/2012 3:39:04 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/9/2012 2:25:23 PM Name: OchsLeo Title: County Manager Date: 7/10/2012 4:45 :54 PM Packet Page -20- 7/24/2012 (tem 8.A. TO: FROM: HEARING DATE: SUBJECT: 7/24/2012 Item 8.A. AGENDA ITEM 9 -E , Co er ; : County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION JUNE 7, 2012 DOA- PL20100001550: PARKLANDS DRI [COMPANION TO: PUDA- PL20100001551: PARK -LANDS PUD] PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Kevin Ratterree Robert J. Mulhere FAICP R. Bruce Anderson, Esquire Parklands Associates 1, LLLP Mulhere & Associates, LLC Roetzel & Andress, LPA 1600 Sawgrass Corp. Pkwy, Suite 400 PO Box 1367 850 Park Shore Drive Sunrise, FL 33323 Marco Island, FL 34146 Naples, FL 34103 REQUESTED ACTION: The petitioner seeks an amendment to the Parklands Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: • Reduce density from 1603 to 850; • Eliminate the golf course use; • Increase preserve area from 148 acres to 341 acres; • Revise acreages for various components of the project and removal of conversion table; • Revise Education subsection to provide for dedication instead of donation of a school site; • Revise the Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; • Revise the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; • Revise the Transportation subsection to remove the proportionate share requirements for off - site road segments and removal of traffic monitoring report; • Delete the Wastewater Management section; • Revise the Water Supply subsection to identify water supply; • Revise the Leapfrog Development subsection to make minor language changes; DOA- PL20100001550: PARKLANDS DRI Packet Page -21- Page 1 of 5 June 7, 2012 CCPC Revised: 5/17/12 7/24/2012 Item 8.A. • Revise the General Considerations subsection to make minor language changes and change reporting to biennial; • Remove the Water Management subsection; • Remove the Environmental Considerations subsection; • Remove the Transportation; • Remove the Utilities subsection; • Remove the Exemptions to Subdivision Regulations; • Add a buildout date to the DRI DO; • Incorporate the litigation tolling extension provided by statute; and • Further extend the DRI DO buildout date by three hundred sixty -four days to January 22, 2026 ( buildout date). GEOGRAPHIC LOCATION: The subject 642.34 -acre 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, (See the snap on next page for details) PURPOSE/DESCRIPTION OF PROJECT: CURRENT REQUEST.- According to the petitioner's narrative statement, this petition was submitted to accomplish the following: The DRI Development Order (DO) Amendment is a companion item to a Planned Unit Development Amendment (PUDA) and Developer Contribution Agreement ( "DCA') submitted to Collier County. The requested changes to the DO generally mirror the changes proposed in the PUDA, except that the DO Amendment extends the buildout date of the DRI to January 22, 2026, based upon extensions provided for by statute, and removes obsolete and redundant provisions that are addressed in the LDC and PUD or no longer applicable based on the density reductions and associated reductions in impacts, such as the Logan Boulevard Extension which is addressed in the companion item DCA. It is important to note that the proposed changes, to a large extent and in addition to other planning considerations, are the result of a settlement agreement between the property owner and various environmental stake holder groups. As a result of that settlement agreement, not only is the overall maximum density reduced from 1, 603 units to 850 units (a reduction of 753 units, or nearly fifty percent), but equally as significant, the golf course use is eliminated and overall on -site preservation acreage is to be increased from 158 acres to 341 acres (more than doubling the amount of preservation and increasing the overall open space to more than 72 percent of the overall project). DRI HISTORY: The Board of Collier County Coinmissioners approved the DRI DO for this project with Development Order #85 -4. The project was originally approved for a total of 2,410 dwelling units, a golf course and club facilities, a 7.23 acre park site and a 15 acre school site. Since that time there have been five other amendments to the DRI. Please refer to the applicant's NOPC Attachment A, Narrative Statement. No increase in density or intensity is proposed as part of this amendment. In fact, the current amendment proposed to reduce the density from the currently allowable 1,603 multi - family dwelling units to a maximum of 850 single -and multi - family dwelling units. DOA- PL20100001550: PACKLANDS DRI Packet Page -22- Page 2 of 5 June 7, 2012 CCPC Revised: 5/17/12 7/24/2012 Item 8.A. SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC): The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on May 17, 2012. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC staff assessment is included in the application package.) 1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed DRI DO language changes and the Map H changes does not appear to create a reasonable likelihood of additional regional impacts on regional resources or facilities not previously reviewed by the SWFRPC and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request Collier County to provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA (now reorganized into the Department of Economic Opportunity) has not offered any objection to the proposed amendment. 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 S years or less is not a substantial deviation.... Staff is of the opinion that it is appropriate to extend the date for this project given the economic situation and the tolling issue. 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. Many of the other actions being requested by the petitioner are more of a housekeeping measure to remove or revise outdated requirements, remove items that are now requirements of the Land Development Code or covered in the PUD ordinance, such as the deletion of the Wastewater Management section and the Water Supply section. The changes to the acreages reflect the petitioner's reduced density and increased preservation allocation. Several sections are being revised to reflect new negotiations regarding Logan Boulevard. Like several other DRI's this project's original documents did not include a specific buildout date; this amendment corrects that omission. 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. DOA- PL20100001550: PARKLANDS DRI Page 3 of 5 June 7, 2012 CCPC Packet Page -23- Revised: 5/17/12 7/24/2012 Item 8.A. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on May 11, 2012. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of Petition DOA- PL201000001550 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA- PL20100001550: PARKLANDS DRI Packet Page -24- Page 4 of 5 June 7, 2012 CCPC Revised: 5/17/12 PREPARED BY: KA DE$ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM V. BELLOWS, ZONING MANAGER DATE R DEPA MENT OF LAND DEVELOPMENT SERVICES 9 .. .....,may y„ /) // - (.> -Z LIAM D. LO NZ, , P. ., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: i NICK SXNACGEMENT tA, ADMINISTRATOR DATE GROWTH DIVISION Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting DOA- PL20100001550: PARKLANDS DR[ June 7, 2012 CCPC Revised 5/9/12 Packet Page -25- 7/24/2012 Item 8.A. Page 5 of 5 7/24/2012 Item 8.A. Southwest Florida Regional Planning Council Staff Report — Prepared by Dan Trescott THE PARKLANDS DRI IN COLLIER COUNTY DRI ;#06- 8384 -43 NOTICE OF PROPOSED CHANGE Background: The Parklands Development of Regional Impact (DRI) is located in both Lee and Collier Counties. The original development proposal was a mixed use project ,including 3,700 residential dwelling units, a golf course, and 120,000 square feet of commercial space on approximately 1,289.5 acres in both Lee and Collier Counties (see Attachment I and IL Location Maps). The Lee County portion of the project was proposed to contain 1,290 multiple - family residential units and 120,000 square feet of commercial space. The Collier portion of the DRI was approved by the Collier County Board of County Commissioners via the Parklands Development Order (DO) 85-4 on September 10, 1985. At that time, the Collier County portion of the project contained 965.4 acres. In 1993, the DRI was amended to remove the western one - third of the Collier portion of the project site (became part of Quail West) to reach its present size of 642.2 acres. Likewise, the development parameters of the project were reduced to coincide with the smaller site. The existing Collier portion of the Parklands DRI site now includes (all of Section 9) in northern Collier County. The northern property line of the development site_is the Lee /Collier County line. As presently approved, the Collier portion of the development includes 1,603 residential units (both single and multi - family) on approximately 331.7 acres with a density of 2.5 units per acre, recreation and open space (approximately 310.5 acres) which included a golf course, clubhouse and maintenance facility on approximately 110.3 acres, a 7.23 acre County Park site, a school site, an infrastructure, including sewer and potable water facilities, and the required rights -of -way (See Attachment III Existing Map H). The portion of the project located in the City of Bonita Springs is proposed by the Developer of the project to contain 1,290 multiple and single family residential units and 120,000 square feet of commercial space and nine of the total twenty -seven holes of golf This portion is joined with Parklands West DRI to the west and has been developed together as Pahnira Gulf and Country Club. All that is left from the original Parklands DRI to be developed is Section 9 in Collier County which is the subject of this Notice of Proposed Change (NOPC). Previous Changes There have been seven previous changes to the Parklands DO. These changes were as follows: (1) Resolution 85 -267 - December 17, 1985 Amended the DO by addressing the timing of transportation improvements, provided a finding of no Substantial Deviation, and amend the DO of the Lee County portion of the development not approved; Packet Page -26- N N O N d' N ti (2) Resolution 93 -288 - July 27, 1993 (3) Resolution 99 -382 - September 28, 1999 (4) Resolution 02 -329 — July 30, 2002 (5) Ordinance 02 -14 - September 23, 2002 (6) Ordinance #-03 -302 — September 9, 2003 (7) Adopted by the City of Bonita Spring November 22, 2004 This amendment reduced the overall acreage and allowable maximum density, and also amended various other sections of the DO. Amended the date the DO was in effect (to March 12, 1986), while extending the date by which significant physical development was to occur (from 10 years to 14 years). (This was determined not to be a Substantial Deviation). This amendment extended the date by which significant physical development was to occur from 2003 to 2004. (This was determined not to be a Substantial Deviation). Amended to reflect that the Lee County portion of the project was located within the City of Bonita Springs, incorporated all previous amendments into a re- codified DO for the City of Bonita Springs, extended the commencement date fro November 19, 2000 to November 19, 2002 and mrujifed conditions pertaining to -the DRI's education and affordable housing requirements. This amendment provide for the following changes: revised the acreages of various components of the development; provide for a density /intensity conversion table; provided for a monetary payment in lieu of land dedication for the park and school sites; provided specific Transportation requirements and a detailed schedule of improvements for a portion of Logan Boulevard Extension; updated environmental requirements and conditions; and other minor amendments various sections and subsections. Increase the size of the commercial area of the project from 10.02 acres to 27.90 acres and decreasing the size of the residential area of the project from 305.01 acres to 2 7/24/2012 Item 8.A. 287.13 acres. The applicant has stated in the application that there will be no change in the amount of previously approved commercial floor area or the total number of dwelling units; Relocate of the western access point onto Bonita Beach Boulevard; and Modify the wording in several of the DO sections, including the Findings of Fact, Drainage/Water Quality, Energy, Commercial Area and Residential Area sections, along with minor identification letter changes for the Town Center Concept, Density and Land Use Conversion and other changes. Pronosed Changes: On December 27, 2010 Robert Mulhere applicant agent for GL Homes submitted a NOPC which proposed the following changes: 1) Reduction of allowable maximum density from 1,603 dwelling units to 850 dwelling units, a reduction of nearly fifty percent, with commensurate reduction in traffic impacts and deleting the golf course. 2) An increase in the on -site preservation amount from 158 +/- acres to 341 acres, an increase of 183 acres or more than 100 percent, with commensurate reduction in wetland impacts. 3) Eliminate the Unit Conversion Table. 4) Specify the 15 acre school site as a dedication instead of as a donation and a 15' water main corridor for future connection to Quail West. Amend the Fire Protection subsection to remove requirement of fair share contribution to capital and operation expenses and replace with payment of impact fees 5) Change the monitoring requirement from annual to biennial. 6) Various other housekeeping related changes such as eliminating language in the DO that are already covered in the Land Development Code and one of the most important changes being construction of Logan Boulevard from Bonita Beach Road to Immakalee Road. A Developer Contribution Agreement is proposed to address the construction of this regional road. 7) Changing the buildout date to reflect statutory tolling because of environmental permitting litigation and allowable statutory (plus one year) and local government allowances and extensions. The new buildout date is January 22, 2026. The proposed development plan for this NOPC is shown in Attachment 1V, Map H - Master Development Plan. Packet Page -28- N O N d' N ti Staff Analvsis: Changes number 1 -6 listed above are considered Chapter 380.06(19)(e)3 as follows. "Except for the change authorized by sub - subparagraph 21, any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence ". The applicant has provided information that shows a reduction in trips due to a reduction in units. Also, eliminating the conversion table reduces the potential for additional impact from land use changes. The increase in preserve area is a positive environmental impact required by the permit agencies. Changing the monitoring requirement from annual to biennial is allowed by law now. Specifying the dedication for the school site and size of water main corridor is a necessary refinement of the DO language. Furthermore, eliminating conditions that are already covered in the Land Development Code is an acceptable change to reduce redundancy. Regarding the buildout changes Chapter 380.06(19)(c) addresses the tolling issues related to the environmental permitting litigation by stating "for the purpose of calculating when a buildout or phase date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. 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." According to the applicant on June 1, 2006 a challenge was filed in Federal District Court to the nearm.t £ ^r wlke DµArl A. .1 ti.. 1..... J L.. 41„ rr o ate__ n_�_ rr_ r,. ..,4A...., propose,. L., � issucu LJy u,c U.S. Rimy Corps ur Engiacers (AC-GE). The challenge was eventually remanded back to the ACOE for the Property Owner Developer to modify its permit application. The modified permit application was filed and the proposed issuance of the modified permit was challenged. Finally, on July 6, 2010 a settlement agreement was reached and the Court dismissed the permit challenge. The time period that was tolled from June 1, 2006 to July 6, 2010 is four (4) years, one (1) month and six (6) days. Accordingly, the tolled buildout date is January 23, 2021. The Applicant separately seeks a one year extension of the tolled buildout date to January 23, 2022. The Collier Parklands DRI was previously extended for four years in 1993. Under Section 380.06(19)(c) a buildout date extension of five years or less is not a substantial deviation,, which leaves the Applicant with the right to seek a one (1) year extension which considered cumulatively with the 1993 extension of four years is not a substantial deviation. An additional 4 years is given as part of legislation for the economic downturn so that the total buildout will be January 22, 2026. No phasing is proposed. Character, Nlaanitu€le, Location: The proposed changes will not affect the location of the DRI. The character and magnitude of the DRI will change from the reduction in units by half, a significant increase in preserve area and the deletion of the golf course. These changes do not increase regional impacts. 7/24/2012 Item 8.A. Reeional Goals, Resources or Facilities: The regional goals are being met by this DRI particularly related to regional transportation and the right -of -way set aside for the Logan Boulevard transportation facility (see Attachment V). The construction of Logan Boulevard from Bonita Beach Road to Immokalee has been S WFRPC staff goal for over 20 years. This connection is also consistent with the SWFRPC's Bi- County Corridor Study done many years ago. The additional preserve area for the DRI is a positive change for natural resources. Multi - Jurisdictional Issues: The Parkland DRI is one of two DRIB in the region that is within two jurisdictions: City of Bonita Springs/Lee County and Collier County. The two jurisdictions have been working together on this NOPC specifically as it relates to the Logan Boulevard corridor that will be constructed by the applicant. Therefore, regional staff has not identified any adverse regional impacts due to the proposed changes. Need For Reassessment Of The DRI: The NOPC has provided a reassessment of a number of local and regional issues that will have a positive change that reduces the regional impacts of the DRI. The requested changes are determined not to be a Substantial Deviation and will therefore not require a reassessment. Acceptance Of Proposed D.O. Language: The applicant has proposed extensive changes to the development order all of which are acceptable. The Master Development Plan for the Parklands Collier DRI has been revised to meet some of the changes requested in this proposed amendment. Only one clarification maybe necessary as stated by Lee County Department of Transportation and Engineering in that their terms of acceptance of the right -of -way for Logan Boulevard in Lee County is that it is a true donation, with no cost to Lee County either in terms of cash or road impact fee credits. Assuming this condition is clear in the development order staff recommends Collier County accepts the proposed development order language. RECWWAMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed DRI DO language changes and the Map H changes does not appear to create a reasonable likelihood of additional regional impacts on regional resources or facilities not previously reviewed by the SWFRPC and that Council participation at the local public hearing is not necessary, unless requested by the City for technical assistance purposes. Packet Page -30- N N O N N ti 2. Request Collier County to provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 05/2012 ATTACHMENT I: GENERAL LOCATION MAP i �t SARASOTA CO. C GULF OF MEXICO 0 3 b 12 MILES ¢rmc ror net -ras CHARLOTTE CO. LEE COUNTY GLADES COUNTY N THE PARKLANDS i COLDER COUNTY 7/24/2012 Item 8.A. HENDRY COUNTY THE PARKLANDS SOUTHWEST FLORIDA REGION Packet Page -32- r , r fi d n ii ri �r r , , I SL DE.rn g N O N N ti J F F Attachment II, F x %Jk4 H H z T, U H - 1 - a� �3 1 I f j ui 1 •� 'J t ` G __Fc �' �2B _.s all ' g� S{iPASGL PLG 7/24/2012 Item 8.A. o a aZ S� ?4W�I \ 3e21g1 x� ,� `: Lr• __ �?M —<-_ Je A3 l; ^gam PM- p. Li C U � O t i N c oQ n=. \, z U\ o:L MAIL WEST PUD I� f 1 i f ELI: e r�! f `33 9s "l� TPF �i1, � {fit f� � � .�+ ' ✓ � !�� �� E,ff i�Ef C ' ti i ! 11 n E 1: C ki, It t u6o_ s +; Packet Page -34- 'j,�, 1 a� �3 1 I f j ui 1 all ' o a aZ S� ?4W�I \ 3e21g1 x� ,� `: Lr• __ �?M —<-_ Je A3 l; ^gam PM- p. Li C U � O t i N c oQ n=. \, z U\ o:L MAIL WEST PUD I� f 1 i f ELI: e r�! f `33 9s "l� TPF �i1, � {fit f� � � .�+ ' ✓ � !�� �� E,ff i�Ef C ' ti i ! 11 n E 1: C ki, It t u6o_ s +; Packet Page -34- 'j,�, L MCQ W W N o x N N � ti Q W O a, O z a H Ei z �4 E-+ E"i a G ,rr G � Mgi a OOb�`y b lC fD pjr O 1' 4 '1.v � M �WWNm m wN p� s p�j sm� m �Ww w m = z va z y =� V2 G O W C Ku+ � a r7r G � V 4KS1 2 1 -r�<WQ �8W CW:tl2 D 4 (CCiurti ui Oz� W ` iu �sy<¢ � uZ-i Yi tuYts� � ieyii q0_9- >J W ' Y�OJ6W a G ,rr G � Mgi a 't 1' 4 '1.v jJx `' yx t s a G ,rr G � C Y T. 7 J Y r t Z O 4 O J # 8 L IL �x �m 4 X C � 1 >ppy�t SJn`yZ nya_c` ex��< m� of x V) a 't 4 '1.v jJx `' yx t C Y T. 7 J Y r t Z O 4 O J # 8 L IL �x �m 4 X C � 1 >ppy�t SJn`yZ nya_c` ex��< m� of x V) ATTACHMENT V 0141k 11brAVIS ♦ .e O Q a M O �t C7 PARKLANDS PROJECT ENTRANCE INWOKALEE QCaAD Packet Page -36- 7/24/2012 Item 8.A. Logan Boulevard Lxtenslon rnnctmrtinn Rhnccc Logan Boulevard Extension Phase 1: Logan Boulevard construction from current terminus of Logan Boulevard to the Parklands project entrance. Logan Boulevard Extension Phase 2: Logan Boulevard construction from the Parklands project entrance to Bonita Beach Road. 75' R/W 1.00 MILE 2 —LANE UNDIVIDED SECTION (DEVELOPER CONTROL LED R/W TO BE DEDICATED TO LEE COUNTY) 80' R/W 1.50 MILES 2 —LANE DIVIDED SECTION (DEVELOPER CONTROLLED R/W TO BE DEDICATED TO COLLIER COUN t Y) 80' R/W " 1.15 MILE 2 -LANE UNDIVIDED SECTION (DEVELOPER CONTROLLED AND COUNTY OWNED R/W TO BE DEDICATED TO COLLIER COUNTY) 60' R/W 0.68 MILE 2 —LANE UNDIVIDED SECTION (COUNTY OWNED R /W) TRANSITION 60' R/W —100' R/W (COUNTY OWNED R /W) 100' R/W 4 —LANE DIVIDED SECTION (COUNTY OWNED R /W) O ti da nnoc 9101 canna Beach Road 30nita Springs, FL W35 Tet (239) 949-6262 Far (239) 949-5-239 1 vy.-malty0fbont taSPn-r-g-_. t- 122" 2f the 75 ft dahzi-osListpv -Son L Nelson, jr, rviayar Stephen S. I'AtIntosh May 4, 2012 Council Lftmbsr k4r. Nick CP-Sa!ar)C..L.iQJa Janet mae!n Collier Count, y Caund! 44--mb-w Dist Ict T". Growtifl Management Administ,­ator 2800 Noilth Hors--shoe Dn Steven siachta Naples, Florida ',-a-04 Council fAezriber Distr -t T-ir-_e Re: Beffa Lane akfa Lor.-lan rjsjc3j Fleter Sirnmons C-ndi Member I Dear Mf". Casalanguida: z7r'tric't �ciur mautha Simons UGUPCH Member The Q Fike I ti WOu;-d to thank trnt f, r io review Vhsse Px ans as part 0;51rict Five oaf y,-u-ij I A4 st I approval olocess. 1 f rasea,�ed leamed that the CPQY has Issued Wfifism C. Lonkart apps ova4ls for Constnucting this road- as a portio.9 of tS :s Project which is !ocate,4 mr-i Gil M am lb-L D 1. S "'H* -cf- S x- wft, :Fit the 'City's Ifur; ric n. These an� Of the roadway p—,_:00u5fy d�e�sigr,�a,, , piov.als il.101,1,_fed canslrv.c�fforj as an extsnsiOn of C.R. 951, and most recently Logan Boulevard. The is Carl L Sahnmng i city W, ;k3' appro,,aj for a 24ana road within an existing 75' rigin't.'-of-way jocaj;�md ea st of San Remo (239) 949-6267 and vr'-ast Of Village VAIalk. Th- Tequest for constj-u_,ff on of Befla Lane I's consistent with tiese existing apprv,(=_,'s. Aud­_Y E. Vance City Attamney (2 9) qz9 -625.- APProvabs include concurrency for Parkdands CNN (!LB^,S- Ex CNCO0012, -I AjBOS_� T00013) %,vas extended by HE3 7207 by GL ierk 949-52417 this past December (expires Cr has a­ 'so k2.39) SSLed a Develop ant Order M (DOS2005-0034P-) for the Pwalic Works is prcq. still active (expires at"15/2012). if you have a, qUeejons to. ly 9413-6246 1 as 'S -PProV'-` , -lease Q01"taCt john Dulmer fir, our 007mrnuniby De%,,ej;opM-z;nt DePErLlMient at 444-51161, COde Enforcement I I i ,239) 049-6257 i Pwir-s & Re-_.-Satjon (23e') 292-2555 com-unIbil Develop.ment (239) AA-4-6150 U:Icify is Lan, 4or 7/24/2012 Item 8.A. Mr. Nick casaLnnaj iea May 4, 2012 Page 2 PC': Bella Lane a/Va Logan Extension On behalf of the CNVY of Bonita Springs, I want to t tank both Collier County and GL Homes for their Paden a, cooperation and e7forts in coordinating vj,,,;,jh Lps as + extmteuitodal imp'--icts iq the M this Collier projiecct wj%j;h its County. City Of Bonita Springs and Lee C L SJV-J-j C-0: %4 a, vor A an. d Ci�v ' C o u n- y c i John 6U'CC; argd -. S S! Gf; a n C , Udrey EVajja , C IAom,e*-; - 'Y y r z ager John Dullmer, D-hrectx" C01-11muni - Y Devebpment D a r y I C - =- _f/ REE., Dire-c-tor Pub-lb V'V6r'r,$ David Loveland, Direr -tor, LCDO 11 'rT' P-; c;-af Dlarn= , C011 r Cc, Vy G-averr,,7,e;-t Daniel LTI Fescott, is Coordinator, " R. BnJC'- de on, Esquar'' C-VVFRPC Sege U'je-�" Packet Page -38- N O N d' N ti PARE ILANDS DRI DOCUMENTATION SUMMARY OF BUIL.DOUT DATE EXTENSIONS (Belay Numbers Correspond to Attached Documents) 1. On April 16, 2008 and April 11, 2008 letters were issued by the Collier County Attorney's Office and the Southwest Florida Regional Planning Council staff recognizing that DRI Buildout Date was December 17, 2011. 2. On October 14, 2010, in response to an application filed under Florida Senate Bill 1752 for a two -year extension for a new Buildout Date of date December 17, 2013. A copy of a Memorandum of Notice of an Extension of a Previously Approved DRI was recorded and is attached. 3. Can November 24, 2010, Collier County issued a letter making a determination that the Parklands DRI qualified for a three -year extension for DRI that were under active construction on July 1, 2007. This further extended the Buildout Date from December 17, 2013 to December 17, 2016- A copy of a Memorandum of a Second Notice of an Extension of a Previously Approved DRI was recorded and is attached. 4. On August 5, 2011, the owner and developer of Parklands DRI gave Notice to Collier County pursuant to Chapter 2011 -139, Laws of Florida, that it was providing Notice that it was extending the DRI Buildout Date by four year from December 17, 2016 to December 17, 2020. 5. Section 380.06(19)(c), Florida Statutes states that for purposes of calculation when a buildout or phase date has been exceed, the time shall be tolled during the pendency of administrative or judicial proceedings relating to the development permits_. Attached are the docket sheets for two lawsuits filed by environmental organizations challenging the issuance of Amry Corps of Engineer (ACOE) permits for the Parklands DRI. The lawsuits were pending for a period of 4 years, 1 month and 6 days measured from the June 1, 2005 challenge to the ACOE permit issuance to July 6, 2010 when a setHement agreement was reach and the last case was dismissed with prejudice. The tolling would extend the Buildout Date to January 23, 2025. *Note: Applicant has requested 364 day Buildout Date Extension in NOPC to January 22, 2026. 6096592 vs 7/24/2012 Item 8.A. PARKLANDS BUILDOU T EXHIBIT NO. 1 Packet Page -40- i N N 0 N d' N ti i j Re: Park lords DRI Develo meat order Dear Bruce Please be advised that we have received aIetter from Dan T the SOL,thwest Florida Regional Planning Councli (S�FPRC yQU�tt' project Service a i eguiar . IOr This letter cotes t the + "id -o;tt date for the Cnll�y r..,;.�tt• by and regular i1. of is T - r Prrraun of the P (DRt) is 20I 1 (Attachment I). Re if that I Part i memo � glands Development as for the prw^isr date in 2011 and it was deed Decy email to 2v1r. Tnscott (Attachment 2). °m€ er 17, 2011 is the 4:orrect dat~ Tne Florida Department of Community Affairs tensible for the DRF grog -' Thee$ fore places a Lone with tine S�� is ggencies as those oginians relate to the DRI pmgiarn. Arco weight upon the opinions of those letter to you to you dated April 11, 2W8 as well as Mr. T Y, I would couc.ar with Mr. T 13, 2448. email to both You and me resApril y dated April I understand that this dais is import t tf, you because S County Land DeveIopment Corse provides that cite nbsection 10.02.13.7.b. of the Collier Zoning District that is associated with a DPJ is °t dale for any Planned Unit Devalogmern Acwrdingly, the sunset t fur the the same �e as the DRI build -out dale. awocia Pzklands PT-0 would also be December u -oul Sincerely, M�Jo��� �t�>rt- Stirling `sit County Attorney David C. Weil-„ Z °1, County Atcome3' Jeffrey A. Klatzkow, Chief Assistant Conn, Attorney Susan mss, Zoning and Land Development Review, Dimcure Ray BelloAs. Zoning and Lan! Developmeffi Review, Manager Kay Des Iemq ZanMg and Land .Development Review, Principal Piaxlner DAVID C. WEIGEL COLLIER COMY ATTORNEY 3301 East Tamiami TMO API. FL 34112 -4-902 Tom: (239) 0 Heidi F. Ashton-Ciako Fac siraiic (?34) 252.534!0 57-.63 Scm ifa A. Bcipc& Ellen T. ChadweA Colleen A Greg= Jeffrey A. Klat *zw WMiam E. Mo=tford AP61 14 20008 R. t rf3tr@ AItdSTSOI3 e � deer St�� R°etzel & Andres, LPA Jeff E. wrigtt Roiwt x. Zachary 850 Park Shore Drive, Third Floor hraPles, Florida 34103 Re: Park lords DRI Develo meat order Dear Bruce Please be advised that we have received aIetter from Dan T the SOL,thwest Florida Regional Planning Councli (S�FPRC yQU�tt' project Service a i eguiar . IOr This letter cotes t the + "id -o;tt date for the Cnll�y r..,;.�tt• by and regular i1. of is T - r Prrraun of the P (DRt) is 20I 1 (Attachment I). Re if that I Part i memo � glands Development as for the prw^isr date in 2011 and it was deed Decy email to 2v1r. Tnscott (Attachment 2). °m€ er 17, 2011 is the 4:orrect dat~ Tne Florida Department of Community Affairs tensible for the DRF grog -' Thee$ fore places a Lone with tine S�� is ggencies as those oginians relate to the DRI pmgiarn. Arco weight upon the opinions of those letter to you to you dated April 11, 2W8 as well as Mr. T Y, I would couc.ar with Mr. T 13, 2448. email to both You and me resApril y dated April I understand that this dais is import t tf, you because S County Land DeveIopment Corse provides that cite nbsection 10.02.13.7.b. of the Collier Zoning District that is associated with a DPJ is °t dale for any Planned Unit Devalogmern Acwrdingly, the sunset t fur the the same �e as the DRI build -out dale. awocia Pzklands PT-0 would also be December u -oul Sincerely, M�Jo��� �t�>rt- Stirling `sit County Attorney David C. Weil-„ Z °1, County Atcome3' Jeffrey A. Klatzkow, Chief Assistant Conn, Attorney Susan mss, Zoning and Land Development Review, Dimcure Ray BelloAs. Zoning and Lan! Developmeffi Review, Manager Kay Des Iemq ZanMg and Land .Development Review, Principal Piaxlner 7/24/2012 Item 8.A. Southwest Florida Regional Planning Council - t b Victoria Avenue, Fart Myers, Fk�da 33901 -3414 ^ii : R (239)338 -2550 FAX (239 )338 -25650 SUNCOM (239r,48-2550 = April 11, 2€308 R. Bruce Anclersc:n 85G Park Sho=Drive Tnanan Centre - 3rd Hoar Naples,.Florida 34103 D= Mr. Ate' Em follow up to tite ca ace call an March 28* vn& Assistant Collier County AftDrney -N�ory Stulerit Surfing and (,yourself owing f= above, I have reviewed the original Application for Development Order Approval CADA") and Sufficiency Responses, the original Development Order issued in 1985, and sasequeut mnzadn== to the Dm1gpmont Order The original ADA pra devi for a twenty -year bmildout. in phas; .s of development bagrm in 1987 and ending i a 2007. 13i 1993, a Notice of Proposed Champ ("NOPC"j was fileei to red= the size -of the Paridands' Project and to extend the project oomxn==cnt and buildout dates by R= years and three handred and sixty -four ms's- As fmaUy zppttsved ire Development Ord= 93 -1, tbk-- commencement md buildout dates were exteaded by a3ly fur ymm Although there were subsequea aaandments to the Parklands DRI Dever Order, none, of &e NOPCs jbr these later arnmbdrnem spcoficaily stated that boiiu the =====t and bm1dout dates w= bc14g extended, F as did the NOPC for tip 1993 Amendment. Therafare, based an the foregoing fact and snalysis, we find diet the buildourt date for the Collier Comity porticm of the Psddm& DRI iiiss22011. � sin +, T T 7e,, NAL �ICr COUNCIL 4, r -�, �., Daniel L. Trescott Project Selvice jYjyiy` y cc: Madcai Student Stirling ,AssistsuiCollim- ComfyAttom-y ��c.hr� -ref I Packet Page -42- Page 1 of 2 student m From: Dan Trescott (dtrA_scott�pc.arg] Sent: Sunday, April 13,2008 10:01 AM To: Anderson, Bruce; student _M Subject: RE: Parkland Suildout Letter I would agree with the date. Ttainks Q 00 Daniel L. Trescott E Project Service Manager Southwest Florida Regional Planning Council 1826 Victoria Ave. N Fort flyers, FL 33901 �- Qfhoe: 239.3382550 Ext. 22+3 O Fax: 238.338.2560 N Suncom 748.2550 Ext 224 d' email: dtrescotta!M�Qm Web: http:flrtnww.TwtP;.ora WITbmcrc= &O=xra*uD- aIon'yit . From: Anderson, Brume [m - tto :BAnderson @slaw -coml Send Friday, April 11, 20081:41 PM To: studeriLm; Dan Trescott S ubje&h RE. parkland Bulldout Lett The buildout date wwld be Dec 17, 2011, because the DRI approval aid not bacorne of re until Der i 7, 1aa5. The September 10, 1 W5 initW approval did not become e;f°crive until Dec 17 bemuse of an appeal filed by SWFRPC over transportation condifiorss. On Dec 17 Collier County resolved the appeal by approving the amendments contained in Resolute No 85 -267, a copy of which is attached. From.. stvdent� Emaft;M e�ent@caoi--gov.net] Friday, April 11, 2008 1:25 PM Tw Ilan Trescott Cc Anders", Bru-- Subs RE: Parkland BuDdaut Late! Dan Hi Thank y^:: fbr the letter l have one comment to add too you have an exact date in 2011 ? Thanks- a bunch Xar8ie Franc: Dan Trescott [many ;dtr=tt@sw*pi.c,-gj senta Friday, April 11, 200811:55 AM To: M- ,dewn@ralaw.corn; student -m Subject: Parkland bout Letb!r Bruce and Marjorie: As we disussed and request see attached. Thanks 4/1512008 Daniel L. Trescod Project Service Manager Sottittwee Florida Regional Planning Council 1926 Victoria Ave. Fort Myers, FL 33961 Dom: 239.338.2550 Ext 220 Fay 235.3332560 Suncom 748.25554 Ezt. 220 errok dtrescottQ frpc.0[9 Web: t c:I wwtw.swir2c.org Tbmk G-= & pit= prim th= e-=Ll anty if re . P_y federal tax advice contained ^. -rein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imaosed under the Internal Revenue Code or (2) support the promotion or marketing of aay transaction or matter. This legend has heen affixed to comply with U.S. Treasury Regulations governing tax practice. 4116/2009 Packet Page -44- 7/24/2012 Item 8.A. Page 2 o'12 N r O N N ti PARKLANDS BUILDOU T BXNIIBIT NO. 2 K�-AND-R E SS A LEGAL PROFESSIONAL ASSOCIATION November 1, 2010 VIA: U. S. Mali Jeffrey Klatzkow, Collier County Attorney 3110 E. Tamlam3 Trail Maples, FL 34112 State of Florida Department of Community Affairs Bureau of Local Planning Attn: Shaw Stiller, General Counsel 2555 Shumard Oak Blvd. Tallahassee, FL 32335 -2100 From: R. Bruce Anderson Southwest Florida Regional Planning Council Attn: Liz Donley, General Counsel 1926 Victoria Blvd. Fort toiyers, FL 33901 7/24/2012 Item 8.A. 53U Yh .K J, Jxt L.WI. T FL!kl'ON C -Nr7. ,E - TP-tinD FLOOR 1N -APLS, FL 34-103- 239.6-9.2700 DiREC: 239.6A-9.6200 239.261.3659 F.#-x zc�.rzzw.ca�la•�.corn Re: The Parklands DRI — frfemorandum of Nofice of a =xtenslon of a Previously Approved D-- velopment of Regional Immpact PRO for the Collier County Portion of the Parklands Development of Regional Impact. EnclosureafRemarks: Please find enclosed for your agency's records a copy of the Memorandum document referenced above recorded today which recognizes that The Parklands DRI build out date and Development Order expiration date have been extanded pursuant to Sectlon 380,06(19)(c) Flon Fda g ; L+ ;es, as Vsv iously amended by Section 14 of Chapter 2009- 95, Laws of Florida. Should you have any questions, please feel free to contact me. Thank you for your a? tendon to this matter. Service Notification; Recorded document of the above referenced recorded document no. 4491197 OR: 4619 Pgs: 1834 -1836 Memorandum of Extension of the Collier County portion of The Parklands DRi Buildout Date and Expiration Date from December 17, 2011 to Dec-amber 17.2013. cc: D. Trescot-f, RPC 0-5033.123-155-000 1 CLFVFL kND TOLEDO Ar—RON COLTiT �P– s CNC k: j� +ipS. GTGN,D.C_ "JAPLS Packet Page -46- ;g ho N N r O N d- N ti INSTR 4491197 OR 4619 PG 1834 RECORDED 11/1/2010 3:28 PM P—GES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC SL7.00 Pr ope* I.D. No.: Prepared vi7thont opinion of tifle by and g-r rr :orrlae re -= to: R Buse And=oa P.o=d & Asa -ss, I.PA 350 P ---k Share Drii. I�al, Florida 34103 (239) 6449 -6200 (SF�- rb:r+e Vila lm: fir re=7Tag Extz) MEMORANDUM OF ?NOTICE OF EXTENSION OF A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI). SECTION 380.009)(c) FLOPJDA STATUTE$ FOR THE COLLIER COUNTY PORTION OF THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT OF SECnO?v 9, TOWN= 48 SOUTH, RANGE 26 EAST, Ct)!=- COU\l Y, �.ORii,A; • -_ SS A34D EXCEPT 711E SO= 30 FEE-r CON -VEYED TO CO[ ' COLfiTTY LN OFFfCLkL RECORDS BOOK 484, PACE 133, OFrICIAL R CORDS BOOK 543, PAGE RBI, �?�'D OMCLA -L PZCOP.DS BOOK 548, PAGE 883, ALL IN ME PUBLIC RECORDS OF 0OU -lER COUNTY, FLOIRMA TOGE-j-11EP. w11L: TjJE EST 50 ABET Or TIE SO7,-TH 30 FEET 017 O 9, TOWINTSIMP 48 SOUTU, -RA GE 26 EAST, COLLIER COUNTY, FLORIDA_ S,absection 390.06(i9)(c), Florida Statutes, as anencied by Swoon 46 of Chapter 2010 -147, Laws of Florida, extends for two yew bui?dout dates for pTO;ts that are 7ev1 ?op ms`s of Renal Impact and which provided -written notice by Decenb°r 31, 2010 of the intent to use tie extension to to authorizing agency. JMAiN STATE CIF FLORIDA ) ) Es: COLT?TY OF COLLIER j r B =+SORE IYIB, ttie unders- gn;,d authority, on this —i yy o2 Novenber, 2014, personally appeared, R. Bruce .Anders-on, atoney, who is to me v ell mown, and having bey sworn :pan oath, deposes and sites, I an an a�r�arizsd represenTuve cfPam, nd?s Assoeiat I, T LP ape he:eJy give notice of the r --cognition and approval of an Extennsion of the Co?Tm, CounEy portiors of the Parklands Developn°nt of R4cnRl Impact in accordance v.itth Subszction 380.06(19)(c), -lorda Statate-s. This notice s-upplements Collier Cc-minty Development Carder Pane I oft 7/24/2012 Item 8.A. Ok 4619 PG 1835 Nos. 99-03,02-02, 03-02. Arzzhi-,dh=Lc) and inco-po,-atrdby reference herein as Exhibit "A' is the original exerted letter fi-orn Collier County -m--cognizing and appro-ving. Bxt--asion of the Expiration Date of the Parklands DRI Development Order No. from Drcember 17, 2011 to December 17, 2013. FURTIDER, L R. Bruce Anderson, state that I nave submitted todzy, under spparetz c,--v,--r, copies of this completed noti.5c�on to the 1ollowir Collier County, o uwest Florida F1 Regional Planning Cound-11 and Store of"Florida Department of Co=unity Affairs Bum-au of Local PI-Armin-9. DATEDthds day o-Fh Nov her, 2010. R- B,-uc5 -Ande--soa- STALK OF FLORIDA C-0T-J-'.:N7TY OF COT-T—TE-R 71he foregoing inistrum-ent -,v=, azknGw1,zdg--d btfora- me, this gay of Novern-be-', 2010, by R. Bruce Andanaon, who is personally mown to me or has pro&uced are evidence of id=U;-catio-,L Not&-Y Public N 0 T4R Y RUBBER S T A.-I v Tl SEA L ORE MOSSED SE.A—T Priraited Name. 71,y -7 a s — S /o2 f1 t%el- M;-� 0- C r'n-'r issi on No. Expiration Date P2ge 2 of2 Packet Page -48- N +r N T- 0 N d• N ti * ** OR 4619 PG 1836 *`* f (.00ther C�01,tflty Growth Management D'Msion October 14, 2010 Planning & Regulation Land Development Services Mr. R Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, 3rd floor Naples, F1_, 34103 RE. Confi ation of Senate Bill 1752 DRI Extension Request: Parklands DRI, EXT- 2010 -�'Z- 1-4626 Dear Mr. Anderson: In your application acaspted on September 24, 20I% you request an extension of the Parkdands DRI, pu.nuant to the provisions of Florida Sfizte. Senate Bill 1752. Florida Sta-t-- Senate Bill 1752, as passed dur-; -g the 2010 I- gislatve session ex=endsz the expiration data of local goverment- issued davelop,-nent ardcrs. or building permits that have an expiration date of September 1, 2008 through January 1, 2012 for up to two yeys. Our a.ords indicate tha the build out dzie for the Parklands DRI was last revised by the B oard of County Commissioner. on September 28, 1999 in Resolution Number 95 -382 ipPd Development Order Number c9y -3) to have a build out date. of December 17, 2011. Consistent, :vita this infb mu ation and Senate Bill 1 7 52 thEt can allow an additional 24 rz & c r": J° wit pa eriy tI'm DRI bL:iid out -datt for this �.4n1S t0 61i� i, L.... Fev pr je^t is extended to December 17, 2013. This let*Wr repres - -ns; a detvrinination of Lmd De- YeIO-`u:_,ent Services D paartment stn' St maild you disar~-ee ;tli this determinadan, you may rYSt e:t O£:cial lnPrpret2fion by the 7.oriug is:a star of the provisions of the Land Development Code. Tine f for an Oritcial Interpretation ran be found in the most r°.�°ntly adopted Fee Schedule Resolution as approved by the Board of County Commissioners. Should y p1i mquf_re fmatheI inform- a-tian pl;.�e do not hasitate To call me at (239) 252 -2931. Researched and prepa-ed by: lReviewed by: Ka} D�alem, AICP ;,Pri icipal Planner Depa-, anent of Land DevelopInent Services, Gc; LaLzen Beard, PUD molliiGrffig EXT- 2010 -AR -14626 (wrr-,pondenc file) Heidi Ashton, Asst. County Attar ey ,aymend V. Bellows, ZoninE Manager Dep i bment of Land Development e�dc Pe-ggyjarre!L k dressing Sec-don. IJ` T Fle Dart Tresc�ott, R�aC Exifflnit "Alt G o a Se r • 26C� t cr b Horseshoe D ^sue • Naples, F loads- � 1!4.2 "s9 - 252 -24 7 wdt -Y,Cn :�rga:'... _ 7/24/2012 Item 8.A. The Parklands D d 'Memorandum of Notice of Extension of a Previously Approved DeveloBment of Re 'onal Im act (D for the Collier County Portion of the Parklands Development of Regional Impact CERTIFICATE OF SERVICE A copy of the 101E-2oing Y {a5 served via regular U.S. mail to the following agcm;cies on this s / day of 34 ovember, 2010: Ierey K1atzkow, Southwest Florida Regional Plaanig Council Collier County AttOmey Attn: Liz Donley, General Counsel 3110 E. Tamia=i Trail 1925 Victoria Blvd. Wap1ES, FL 34112 FOr [ Myers, FL 33901 State of Florida D--par=ent of CO!0=11-ity Arai r Bureaa Of Local Planninc A tn: Shaw Stiilrr, General Counsel 2555 Shurnsld Oak Blvd. Tallahassee, FL 32399_2100 e3so38 v-01 :1 —r- 55 -No R. Bruce Anderson Packet Page -50- N O N d' N ti PARKLANDS BUILDOUT EXHIBIT NUJ. 3 MMANVANDRES A LEGAL PROFESSIONAL ASSOCIATION December 14, 2010 V A: U. S. Mail .Jeffrey Klatzkow, Southwest Florida Regional Planning Council Collier County Attorney Attn: Liz Donley, General Counsel 3110 E. Tamiami Trail 1926 Victoria Blvd. Naples, FL 34112 Fort Myers, FL 33901 State of Florida Mr. Ray Bellow=_, Zoning Manager Department of Community Affairs Department of Land Development Services Bureau of Local Planning 1800 N. Horseshoe Drive Attn: Shaw Stiller, General Counsel Naples, FL 34104 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 From: R. Bruce Anderson 7/24/2012 Item 8.A. 850 PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.2700 DIRECT .239.649.6200 MArIv 239.261.3659 FAx wwwzalaw.com@ralaw.com Re: _ The Parklands DM - Memorandum of Notice of a Second Extension of a Previously Approved Development of Regional Impact (DRI} for the Collier County Portion of the Parklands Development of Regional impact. Enclosures/Remarks: Please find enclosed for your agency's records a copy of the Memorandum document referenced above recorded today which recognizes that The Parklands DRI build out date and Development Order expiration date have been extended pursuant to Section 380.06(19)(c) Florida Statutes, as previously amended by Section 46 of Chapter 2010- 147, Laws of Florida. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. Service Notification: Recorded document of the above referenced recorded document no. 4505704 OR: 4532 Pgs: 3440 -3443 Memorandum of Second Extension of the Collier County portion of The Parklands DR[ Extension and Buiidout Dated from December 17, 2013 to December 17.2016. Cc: Dan Trescott 633033.123155.0001 TO TO M31-15 CuC vVATi V ?SrLiGTON, D.C. ELEVE AND -AKRON L Packet Page -52- FORT N? PLFS I. N N O N N I` INSTR 4505704 OR 4632 PG 3440 RECORDED 12/14/2010 1:50 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Property I.D. No.: Prepared without opinion of tide by and after recording rettun to: R Bruce Anderson Roetzel & Andress, LPA 850 Park Shore Drive Naples, Florida 34103 (239) 649 -6200 (spate zbrne this line for recording data) MEMORANDUM OF NOTICE OF A SECOND EXTENSION OF A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI). SECTION 380.06(19)(c), FLORIDA STATUTES FOR THE COLLIER COUNTY PORTION OF THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ALL OF SECTIO?�: ° TO-:u^;SHIP 48 so=, RANGE 26 EAST, COLLIER COU"v 1 Y, 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 LN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETH._R' 1=-' THE WEST 60 FEET OF THE SOUTH 30 FEET OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Subsection 380.06(19)(c), Florida Statutes, as amended by Section 6 of Chapter 2007 -204, Laws of Florida, extends for three years all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007. The three 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. r i AVIT. STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) BEFORE I E, the undersigned authority, on th s A day of .DLmWit 2010, personally appeared, R. Bruce Anderson, attorney, who is to me well k norAA and having been sworn upon eaten, deposes and states, I am an authori—zed representative of Parildands Associattes I, LLLP and Page I of 2 7/24/2012 Item 8.A. OR 4632 PG 3441 hereby give notice of the recognition and approval of a second extension of the Parklands Development of Regional impact in accordance with Subsection 380.06(19)(e), Florida Statutes. ibis notice supplements Collier County Development Order 85 -4 as amended and that certain Memorandum of Notice of Extension of a Previously approved DRI recorded in OR Book 4619, Pages 1834 -36, Official Records of Collier County, Florida. Attached hereto and incorporated by reference herein as Exhibit "A" is the original executed letter from Collier County recognizing and approving: Extension of the Expiation Date of the Parklands DRI Development Order No. 85-4 as amended uom December 17, 2013 to December 17, 2016; and Extension of the Parklands DRI Development Order No. 85-4 as amended Build Out Date from December 17, 2013 to December 17, 2016. FTJRTIER, I, R. Bruce Anderson, state that 1 have submitted today, under separate cover, copies of this completed notification to the following. Collier County, Southwest Florida Regional PlarL-ing Council and State of Florida Dep- — nt of Community Affais-s Bureau of Local Planning. DATED this day oil— ZO10 it Bruce mderson STATE OF FLORIDA } ) ss: COUNTY OF ) The foregoing instrument was acimowledged before me, this / ay of be—^� 2010 by R. Bruce Anderson, who is ( Y,, ) personally known to me or ( ) has produced as evidence of identi ication. NOTARY RUBBER S A ORE, Ells J.Mq MyCMUS8,0N1ca EXr,-=S• Augut 2+ X12 6318562 v-01 1 I23I55.0)DI _a••11 Notary Public Printed Na-ne 2- Commission No. Expiration Date Page 2 of 2 Packet Page -54- N N T- 0 N N ti OR 4632 PG 3442 COL!£�Y'iOT�.it� Growth Management Division Planning & Regulation Land Development Services Nlovember 24, 2010 Mr. R Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, 3rd floor Naples, FL 34103 RE: Confirmation of DRI Extension Request: Parklands DRI, EXT- 2010 -AR -14649 Dear Mr. Anderson: In your letter dated November 22, 2010, you asked Collier County to provide confirmation that try Parklands DRI meets the requirements for an automatic extension of its phase, build out and expiration dates for three (3) years as provided for in Section 380.06(19)(c), Florida Statutes. Ilz support of your request, you provided a listing of all local development order approvals tbat had been issued as of July 1, 2007, thus provided evidence to support your contention that some portion of the Parkland DRI was under active construction on July 1, 2007 and would therefore, meet the statutory requirements for the automatic three -year extension. Collier County confirms that the Parklands DRI does meet the criterion for the automatic three - year extension established in the Florida Statutes. Therefore, the buildout and expiration dates of the DRI Development Oder for Parklands DRI are extended from December 17, 2013 to December 17, 2016. This letter represents a determination of Land Development Servicts Department staff. Sho7.1d you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code. The fee for an Official Interpretation can be found in the most recently adopted Fee Schedule Resolution as approved by the Board of County Commissioners. Please be advised that the information presented in this verification lever is based on Section 380.06(19)(c), Florida Statutes, the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to any of these documents could affect the validity of this verification letter. It is also possible that development of the subject property i m+ al t Savbes • 2600 ha!th Qrive • Na pie s, Florida 34104.235- 252 -2400 • vn.,-nml ie gomriet * ** OR 4632 PG 3443 * ** l.efter to R. Bruce Anderson, Esquire Re: Parklands DRI, EXT- 2010 -AR -14649 November 24, 2010 7/24/2012 Item 8.A. could be affected by other issues not addressed in this letter, such as, but not limited to, cOncurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to tail me at (23 9) 252 -2931. Researched and prepared by: r1 Kay Ekselem, AICP, Principal Planner Department of Land Development Services, cc: Lauren Beard, PUDIDRI monitoring EXT-2010 AR-1 ?649 (correspondence rile) Heidi Ashton, Asst. County Attorney Reviewed by: / -?, -, � (/, �jj' , - P ,.ay nd V. Bellows, Zoning Manager Department of Land Development Services Packet Page -56- Peggy Jarrell, Addressing Section PUD /DRI file Danz Trescott, RPC 00 N O N N ti The Parklands DRI — Memorandum of Notice of a Second Extension of a Previously Approved Development of Regional Impact (DRD for the Collier County Portion of the Parklands Development of Regional Impact CERTIFICATE OF SERVICE A copy of the foregoing was served via regular U.S. mail to the following agencies on this day of December, 2010: R rey Klatzkow, County Attorney's Office 3299 Tamiami Trail E, Suite 800 Naples, FL 34112 State of Florida Department of Community Affairs Bureau of Local Planning Attn; ghaysr Cti11�r nTeneral Counsel 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 635038 v-02 1123155.0001 Southwest Florida Regional Planning Council Attn: Liz Donley, General Counsel 1926 Victoria Blvd. Fort Myers, FL 33901 Mr. Ray Bellows, Zoning Manager Department of Land Development Services 2800 N. Horseshoe Drive Maples; FL 34104 R. Brace Anderson 7/24/2012 Item 8.A. PARKLANDS BUILDOUT EXHIBIT NO. 4 Packet Page -58- 04 T- 0 N N ti "9VA§9r&-)ANDPdSS1j A LEGAL PROFESSIONAL ASSOCIATION August 5, 2011 VIA E -MAIL AND U.S. MAIL Kay Deselem, AICP, Principal Planner Planning & Regulation Land Development Services Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Parklands DRI, 4 Year Statutory Extension Notice Dear tuts. Deselem: 850 PARR SHOikH DRIVE TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.2708 DIRECT 239.649.6200 MAIN 239.261.3659 FAX b=d r.>ongralaw.com www,ralzw.com Pursuant to Chapter 2011 -139, Lays of Florida, this letter shall serve as notice that the current owner and developer of the Parklands DRI hereby extends the buildout and any other applicable dates by four (4) years_ Exclusive of statutory tolling of the buildout date because of Utiaation and one year extension as both are set forth in the pending NOPC, the new buFjdOOt Hate as of the riate- of this Letter is December 17, 2020, it is my client's intent to add this four (4) year extension in the text of the Development Order amendment presently pending with the County along with the extensions set forth in the pending NOPC. Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, R. Bruce Anderson For the Firm RBAJca Cc: Via e -mail only: Rey Bellows, Zoning Manager Laurie Beard, Transportation Planner Dan Trescott, SW FRPC Richard Arkin Kevin Ratterree Robert Mulhe e Robert Duane Enc. as stated NEW' YORK CLEi SAND TOLEDO AKRON COLt1WHJS C NCLNNIA-11 WAs: -t, gGTo:v, D.C. T?J 1ARA.. S---= GRIJUNDO F-CUR 1MYE S NAPLES FI ORRT L4U�t::.:UE 66I227 v-01 i 123155.0001 7/24/2012 Item 8.A. Parklands Buildout Date Chronology Insert to Q.Q. Section Two G. A original development Order summary of the buildout date extensions is as follows: Buildout Original Development Order 85-4 aooroved 9/10/851 12/1712007 • Development Order No. 93 -1 — 4 year extension 12/17/2011 2007 Extension — 3 years 12/17/2714 380.06(19)(c) • 2010 Extension —2 years 12/1712016 380.06(19)(c), F.S. 2011 Extension — 4 year 12/17/2020 380.06(19)(c), F.S. • Litigation Tolling Extension Period — 4 years, 1 month and 6 days measured From June 1, 2005 challenge to permit (Army Cops of Engineers) issuance to July 6, 2010 settlement agreement. 01/23/2025 380.06(19)(c), F.S. 364 days 1122/2026 380.06(19)(c) F.S. 66118 Y-02 ; 1233155.0�Yrl Packet Page -60- N O N N ti PARKLANDS BUILDOU T PXHIBIT NO. 5 Electronic Case Filing I U-S. District Court - Middle District of Florida U.S. District Court .N&ddle District of Florida (Ft Myers) CIVIL DOCKET FOR CASE A. 2:08 -cv- 00941- JES -SPC Conservancy of Southwest F107 -1da v. Crrosskzuger et al Assigned to: Judge Tohn F- Steele Refe rcd to: Magis-trata Judge Shen P01ster CiLppell Cause: National Enviro- _- ---t'1 PcH ey a-,,t t.`B.P A Plaintiff Conservancy of Southwest Fln:ida V. Defendant Col. Paul J. Grossixager in h -Ls o fici»I cgpacify as 7Dutj ict Engineer Uniird SLatas rfrrry r ores Of Enzineers 7/24/2012 Item 8.A. Page 1 0-111 CLOSED Date Films 12/15!2408 Dote Terminated: 07/07/2010 .fury D=and: None Natare of Suit: 893 E viro=eutal MatErs jurisdiction: U.S. Goverment D e fe n d,----, ,-Orsseated by Gary A. Davis Gary A. Davis & Ass-ociates P.O. Box 649 61 North Andrews Ave. Hat Springs, NC 28743 828,1622 -0044 Fax: 8281622 -7610 Empil: gadzvisrviroaito?neV.com T r. . AIT- OIR?VEY Marcy LaHart =y I. Lariart, P.A. 4804 SW 45*1 Street Gainesville, FL 32608 352 -2_24 -6699 Fax: 998-4001464 �rrra+l . r. E4 A7TORNP - -Y A?�F.tN'—FYTOB.E l:'027C.rJ nepres-,nt:dby Andrew J.Doyle US Dep=ent of Justice - Envio_�ental Defense Section P0 Box 23986 Washington, DC 20026-398-5 Z02'31�L7 Fax: 202-51-4 -8865 B7: an.dey7..usdoi.gcv https:// ec£. t3md.uscourtS.gov /cgi- oL-lokaptpl ?634948907936011, -L 942_0 -1 Packet Page -62- 7/29/2010 N N T- C) N d' N t` Electfonic Case Filing i U.S. District Court - Middle District ofFlorida I�eieD pEUi Souza Field j, his aj, is al capacity , as .Supervisor, South Florida Huriagxad se-v ees C�qice U.S. Fish and WJa7fe Ser <ce Defe=t pete Geren in 7°.is .dal cprccitJ' as Secr�ay of the A T—my page 2of11 LEAD AMRAEY ATTORNEY TO B£ NO77CED mark A. Brawn US Department of justice - E R- D* p() Bcx 4390 i+'Jashing"0n, DC 20044-4390 202!305 -4204 Fax: 2421353 -7763 do oa Email: mark-bra� a 3 g LEAD ATTORNfr ' ATTTORNEY T o BE NOyf� 1 anreen E. g�udtslgb U.S. Dept -nt Of J- astica p.p.Dox 66:3 601 D. 5tr--,°�t, N51- wa nington: DC 20O' -:4 -4663 2021305 -04 -19 Far. 2471305 -0506 Emai?: mf,.�aurrei„=sn _-f�.dolph doJ gov A(� 131 I use i'TE` Y ATTORSt-Y TO BE ' TCTTTC�t� resented `oy Audrey€ J. I34yle rc abov5 for addr 1 ' D AT ORNTY sO �i Yi ©3F AT ?}GZICED I�Jark A- DrOvm (See above for drr3's) LEA.17 ATTORNEY ATTORNEY TC) BE "OT' . aureen E. �dQlph (See above far Rddrass) LE.D A? TO-PJ -Y AT1'OF.IdFyTO BE N0 -'L7C files .sted by Andrew J. Doyle (See above for address) ,.D ATTORNEY ATT'OP, I EY TO BE Nof13 ED Mark A. Browa (See above -for a^dro A r OILNES A7 —I-OP-Nj WYTO 3E 1; On-cf -D 7129/1010 I�ttgs:'Iwf itmd nsco- gavfcgi- b:nfDlt1263i94$907g35�J18 L 9420-1 _ Electronic Case Filing i U -S Defe_da t District Court - Middle District of Florida K= s5alazar et¢ o in MY Offic- aI caPa�iv as Secretary or f to U.S. 'epartme,'It Of rr Interior Def` t -Rcmto Developments Parkiands, Inc- a Florida Far PrOfii Ccrporu on Defendant A. Brian Britton YER-- ED:94I3i01209 73efe t RC properiles M LLC ¢ _neTcrvur °Lin;� 7, Co T �Y TEI?jvflX1 J: 4,1Z 1Z710 agg enI of t �,��� In.c- Ronto Deg =elogmcs P pew dant Parklands associates I, LL -LP 7/24/2012 Item 8.A. page 3 of 11 Maureen E. gudolph (See above for a-ddrem) LEAD ATTORNEY A N EY TO BE WOTfCEU TT repres�d by Andrew J. Doyle (See above for ad& ss) LEAD D ATTONIT'Y AT J O-;WzY TO BE No' Mark A. Broom (Se; above for address) LE' ILD A ORNEY A7TORNTEY To BE N OTICED Maureen E. Rudolph (S= above for address) X17 AYTOPJ EY AYTOFNEY TO BE 110 YOFJ r:nres.°ntsd by Daniel W- Ma-t'oy' Rodeo McClosky, t k 200 E BTOWPrd Blvd -15th .r PO Box 19th 33302 Ft Lau&rdale, FL 10541527 -2475 Fes; °54'333 -4075 ctan;.elr�tile:��}': d�..com T pj4W4?ED: 64:299 2010 LEA A7- YOR1 Z":Y B. vrilsan Honmd r --g- A vv - uw 25 204 S O PO Box 1525 Qrlando,.rL 32SO2 -1525 4 +07,425 -8500 bt s: //CC- f -firod- "scout ".goo /cam bin, ;DktRptpi ?o349ckG0`%936018 -L 942-0 -1 Packet Page -64- 7,'2911014 N N O N d= N ti Elc tronic Case Filing i U -S. District Court - Middle District of Florida Page 4 of 11 Fax: 4071244-5288 Email- Lwilson@)Wa .rom LF,0 A3TORivFY A TORNEY TO BE NOTICED Raft Petersen Holimd & Knight, LLP Suit.. 100 2099 ponnsylvmua Ave NW Washington, DC 20111 2+321419 -2491 Fax: 20219 55-5 564 1 a;a . cow mail: rafe.pet smC PRO IBC pTCE rY ORAEY TO RE NOIiC Date Filed T Docket Text ag stPa'a? 3- ;Osskm.,er pawl Souza, P e� Qeie� * 1211212008 1 CUIPL -- , ;, Inc, CFiling fee a 35Greveipt Y—empd me, Ron'to DgV; ippIIffi� P fiber F11821 j 9---d by C;ons��a�cy a.� southwest tlarida�a} %t��vcl: 12{16/2 008j Summon issuesi ss o Pau I. ssk�uger, P� Sauza� net�s��#G��, 12116/2{108 P c Ina. ) l vr°. & Y p orne, Roma Develcpm�nt Parkl 112 161200$1 - <, tq"- -nTy -eve pages. ns 2 S1r �'!l7L G ORDF,R FT!� --D Cr �oc`'m s that d:12116;2t}t}S} 1211612.33 �z „a- d 's an 4 &20108. a=a.) •- �: ed txy All Divisioyl 1.. . Boa und.°r Leal Rile t 3 Rl1L TFI3 CE ORDER NpTI of deli = �, 12117.2008 P rp =d=c., of o,- ac tic d� e by 1 22"1912008. Si 3,05 -track 2. Notic of ' G ante 12117120081 b All 3ndg”, s ,an i�`1 712008• (LA ) %' 3 -� emsors and � TED PF1tSC}NS QRDER Certi.£cate of irit: -rid P - 12117/2008 4 Dq -j-hR due by 12129120308. Sign.,d b3 All Divisio�l col= orate d? 5,l4gtn a sta ,°went Iudg on 1211712008. ALA u1 {Enter :12117120031 r a,, Deis to be atimiu,.�. an..aft.� =r to , 5 ORDER dire Ling coz�sel C' 3 = „db h��isirate GI,C16+2 9 comply ele'w tfo�c �n8' Sw order r de`lails. Sigma° Y r��r�: i11106/iC1 ud eg Sheri pol"�.er Chappell au 1161X}09. (1 --& �- ` o' NC)- by Ma�cA s'3rc�1on'�ebsL�vrPa'il 7. Grosskr�er, GI, 06i2rjG9 Paul Souza, Peie Crv°rc'a, Direr K,,,.-thame (Brown, Mark) (EnterrA 01105612009) c of zelated cas�s 3 Related case Mor and notice of 7 I�QTICE afpenden y Role l.{74(d1 b; Pau 7. �sskrager, P-, {7lI ©6t2009 k 2 , LGi L �. n Mark) desiascn €�f trac ¢Ta cases,' -, Souza, Dirk YLcmptho�e. _ ��`�r f� • 0.110,6t2&'39j Souza- ! ; fi � PFRSQ1ti5 QY�.D11R a? to pa-a! 3_ �a��e2- Pain Souza; 0.; v 1r20.�9 ii �Y li� °y ii D�R76.p176399n 7 7 s( 1- F -7 ai lYl 7129,12010 + tt3�: r✓r •Ymd. 7/24/2012 Item 8.A. El =tronic Case Filing j U.S. District Court - Middle District of Florida Page S Geren and Dirk K.empthorne. Ce: tiricaf: of interested persons 2nd corporate disclosure staterlent due by 1/20/2009. Signed by Al Divisional Judges on 1/ i2oog. (drn) (Entered: 01/07/2009) 01/16/2009 9 Cettincate of Interested Persons and Corporate Disclosure Statement by Paul J. Grossla ger, Paul Souza, Pete Geren, Dirk Kampthome re $Ingested persons order (Frown, ?vim) Modified on 1120/2009 to correct docket text (dM). (Entered: 01/16/2009) 01!26!2009 10 ORDER TO SHOW CAUSE for failure to ale CM+-lficate of interested Persons and -Notice of Pendency of Other Actions as to Corservancyor, 1/26/200, hroes Florida. Signed by Magistrate Jt dge Sheri PoistPr Chagpe (LAG) (Entered: 01/26/2009) 02/05/2009 11 RESPONSE TO ORDERL TO SHOW CAUSE by Cors- --,Tandy of Southwest Florida (Lati-rt, Iv1ar,:y) (Entered: 02/0512004) 02105!2009 12 NOTICE efpendency of r � 1 1I,; 9: Qf- GVc?532 Fes Rule 1 4d) y Conservancy c u=m e i Rloi-'& Related ease(.,): yes (LaHat Marcy) (yed: 02(€512009) 02id5/2001 13 C- ERTIFICATE of interested pens and corporate disolasLre S atement by Conservancy of Southwest Florida identUg COEPoTuate P ar Mt Conservancy of Sogrthw! � Florida Inc. for Co van,^y of Southwest Flor -tin.. (La1i rt Marry) 02!05.1200}} C /CSt2�►0g 1'� MO?TON for Clary Davis to EPP= pre hac vice by Conservaa- of Sa��w°st Florida. P -Hart, M, y) Motions refe-�i to Mag's`�e Judge Shy: Poi�wPr ChappeL ( �,ni, -rm& 02/05120t19) 02105/2409 15 GRID ER that no f,:r&er action w ,, be `men re 10 Order to show cane a., to Comer v=7- of Sou hw est Florida. Signed by IYMagLstraLe Judge Sheri Polst--r Chappell on 2,6/ 2009_ (LAG) (Entx'rd: 01106/2'-109) 02,106/2009 16 OPMER granting I4 the lviotion to Appv Prt :3 Vice. Gars A. Dais, Esq., of the law firm Cary A. Davis & A. sso6ates, P.O. Sox 649, l:iot Springs, Nero Carolina 28743, shall be admitted pro had v :ee on behalf of the PlaI - _Nja,c y i,,lrilart, Esq., of the law firm Marcy L Labatt, P-A , 711 Talladega _Stre.°t, `W� , -t Pam Beach, FL 33405, shall be dcsimatcd local Co-awed on behalf of the PlaiitifE Signed by Magistrate Judge Shzri Palstzr ChaPpell on 2/6,,2009. (LTV') (Entered: 02,106n-009) G2i 13f2409 17 NOTICE of Appearance by Iwarr-�n E. Rudolph on bPnalf of Paul J. GrosAxager, Pam? Souza, Pete Geare Dirk Kempthome. (Pludolph,'vla�uee�') Ivlodifieti on 2`I7/2001 to rrect docket t:X--t as to parties. (dm). (�t:.red: 02/13/2009) 031130-009 18 Remark :loo further action vvi]111 be taken re 5 as ',V€r. Davis has wmplied (LAG) ('uiered 03/1312009) 0313112009 19 S',J?:—fk10NS R -�, Eaecnr* by Corm--; of SO- .Y wed FIO -do.. A Brian lb_r. ton serve on 3122ooj ', =, -vwe: du_ 511r -0,09. (D?:rii, G=-7) (=- vxed: 03131/20097) https: l,'w- ffTnd .us,- ,- arts.gcvlcgi- bintDk-IIP -pl ?634949901936013 -L 942G-1 Packet Page -66- 7/29/2010 N N O N d' N ti page6of11 TJ•S District Court - Middle District of Florida gl�troaic Case Filing • C)N5 Retum --1 Executed by Conservancy of SOuffiWest Florida. Pete 20 SUMMONS avz Gary) (Entered' (D s, 03!3112009 C7eren serves on 2!2012009, answer due, 412112004. 03,13112009} Southwest Florida. Panl 3. 03/3i/2009 SUMMONS Ret:�med Executed by Conservancy of ?1 S ' ion 2/1?J2C 19, answer tae 411312009. ( Dav:s, GAY) Grosslcng er sex± (Entered: 0313112049) SUMMONS Returned Executed by C%onser�'ancq of Southwe3rt Flori�?a Dizk . 41251204}9. (Davis, Gmy) 22 03131/20449 _ Z g- mpthorne served on 2!2412049, a.,�wer e (Entered: 0313'112009) d Execu`wd by Cons -cY of Sou=d-iwwt r^lcr;da. Paul 23 SUiJiIY1 �.1iS, CYary) ("R 03131/2009 Sjov�z�a se�r(jve`d on 2112./2QCi9, answer due 4/1312009. served on 21I '� of service e<: u�d on by Conserv�y of Southwest Florida as to 24 RET[SR� (Entered: Q3131120Q9) aV IS, COY} 8313112009 z snc.. (D L Remo Developments Parklmd.., Qy!� 7. Doyle onbehalf ofP�.l J. Crrossk�.€-'_ 04/17/2009 25 NOTICE of hPp° -aance -udrew Cjeren, Dirk thor�e (Doy ]° Andrew) (Entered: pan! Souza, Pete 0411712409} by Paz17. Gmss�g�, Paul $o�, Pete Gin, udrew) Om 0 413012Q09 .6 IAO}TFON to transfer : �3012009j multi: K.e�pthome- (Doyle, 0= /3Q 0Q9 ebCons e�cy of ? D CO�a�s all defend�ts wd f R,:a d do f lby Canser;mcy o 27 onm t So1`hwest Florida. co jjthwet Florida. (DE�--is, GZZY) n ted: 04�33 J120CGj 05111? 9 g MOR.A�1R4 in �gosi +'on r~ 26 motion. to transfer case riled by 1 av�is, Gary') (Entered: 05/1112009) of SouthwestP7.orda. (D 0511812009 Cans.^rvanc3' Ye defenses to 2? �Smeaded compia tbyPaul 7. ?9 ZSW_ er d Fein Gm�, �kX-erupthorns- OEro 'r,'alk) sskrag ata= (,_,nt° red: 0511 9/2009) allow, Daniel) izs DO, LLC• (M 05/25/2009 ctstm --nt by RC Prager 3�1 Corporate Diaclasu�e . (Ent!: 0512612009) Dr- LLC• (- kmichments: 05261209 31 ?+11O'noN to transfer case by RC Fropi°rties �+���-,1 Wit, 2 Exbiait Mir�ol co— cr-vTe Compint, ' 3 _ FXlilblt ( ,tive Co ` p Falls Third -Amended Rxh; C�1 1 � :Lt u&a= EX 7S $ Exl"tI'bit Ord, e�3A uI1$ Ptfs' &. Federal Dew` Soft Mot'ten MID Ccsmplaint, =r R USDC indicial Case Land _t lri,t # 6 Exbs VacatefFPi ^i1tiT'� Setiirrg Dom., RC properties D, LLC`s profile, -�'it proposed elf wed: 0 2612409) '�=sf� Venue }ice motion to def -"ns� 'C 27 Amended ���'a'`nt by RC 05120/009 32 ANSWER and a true -- allow, D Tr'ei) Enta ed: 0512612Q09) propel LX, LLC.(M 05/27i20C9 4)ItD C es , LLC. C1--1 cf �3 uV ST PAC' -'IS B. =s 10 R , a v 5� 2009.5igned — corpo:aie discloses ',� m•Tt ti e b. and m terestmd person' tezed: 05 x2712'%) 512712:x09. (drn) by Alt Division'' ludg on 1 rt'x6349489Ct793601S -L S42 C}-1 7,"�71201J j rt htp s :!reef � d.r scaur�s.govlcgz- i:2ktR� .p >. Electronic Case Filing I U.S. District Court - IvSiddle District of Florida 7/24/2012 Item 8.A. iagv t iii i t 06/05/2009 34 1,0MORANDUM in Opposition re 31 Motion to transfer case filed by Conservancy of Southwest Florida_ (D avis, G ary) (Entered: 0610512009) ens and corporate disclosure scaiement re- 33 06!08/2009 35 CIIZ.TIFICATB of intt�ested Fens � � LL.0 (Marlow, Daniel) iuterted persons order by RC Praperti (Enterv3 0610812009) i 36 ioint IFiIOTIOl�i formisceUan=us reliefs Sped, caliy Entry of a Sch luing 07/01.20{?9 Pahl Souza, Pete Germ, Ken Salazar. (Doyle, Ordex by Paid 0714112049) are) the Taint Varar; fora Scbedu?ing Or-.imr 36. Sc ORDER i 0710712009 37 ORDER gran strate Judge Sheri Fol' -er ChzPPeii on FOR 1��T�...S• 57�e� 07M/0 !2009} 71612009. (LAG) 3& NOTICE of re- dm, m1er I.ocrl Rule "s•�?5 - traci� 1. Si�°d by All 07/07/2009 G fFnte_ d: 0110712009) I}ivi�'io L Sudges on 71!/2009. (LA ) . Paul. Saaza, Pete Gere , K.� Salazar (�'otice u8113PZ4rJ9 3° NOT ICE by Pau] I. Gross'xruger, e Arta;��nen`IS: 4 ofFii:r,g Cerrif ed In , -oo To Admir4L;r ve Reearci) C Index, T 2 E7&libit E2 -Co*pr C in Exhibit Ex. 1 -FWS Certified L�ciex ) (Brov�n, Mark) (Eatered: 08!13/2009} 4(j NTOTICEby Paul I. G- rosskragel, P'T Souza, Pete, � Salazar n 39 08! 13.2 r09 a � or¢I D er. :rrts'ltiati�e a7 Con, t�on¢i i�iiirtg of l� chic . (Oth.r`� , �ecrsr�s) (Brown, Mari) Madified an 8/19/2009 (2 CD -Pz; " :�clxnin� t'arive 1 vt R orris re c'd g/14109 and Wiled , arm Iy} r 41 1tIOT1C3N fox Iea;�e to fire em-=Ss -ages by all plain n s. (Davis, C� y} Crtti 10/0312009) '.d �t by al Per m- (Dates, G� �l C�nt : IJ.?03 X003 42 MQTIC�l` .ior �• :,- . --� j � ��. 10/03/2009) of Southwest Florida �� 42 MOTION for � 3 J 10.'05/2009 43 NOTICE by Ccr- s°rvancy 1 _�ibit 1 # 2 E::niQit 2; 3 jadnent of Fitr�:gr£lbits (Attar mts: # .dgrnt 3 # 4 exhibit 4, g 5 Exhibit 5,:a 6 Exhibit 6, � 7 Exhibit ±, 41i F x3,Tr: ' 11 Exl�bif 11, rt 12 E�btt 12, # 13 Exh -blit 8R Etta t 0h1brt 10, _ L 17 Exhibit 1�, s ;r , .r y - 13a, F 14 Exbsbit 13b, 4 155 E� °it 13c, 16 6,ambit 13 1 g Exhibit 1 , ` 19 Ex `�i:15, - 2C� Exhr-bit 15, 21 Ex>u =t 1 ?, 22 ExhiL'it 1 24 E bit 20, A � Exhibit 21, ` 26 Exhibit 22, T 27 1 S; # 23 Eyh`bit I9, • # 29 Exhibit 25, r 30 Exhibit 26; 4 31- Exhibit 27, E, -bit 23; 28 Rxh =bit 24, Y^ 30 3a Exhibit 31, 36 E ttait 7 bit 28 ` 33 Ear�bit 29, r ? =Emit 3 vY Exhibit � 'ot 34 �# 33 Exhibit 35, � =`. � Exhib� 35, T 41 32, # 37 Errata 33, 38 E%1! ,� R v Exhibit 31, Y 42 Emit 38, 43 Exhibit 39, * ?4 ExLioit 40, x �5 `bit 41, 43 = 4 bit 44 4 1-9 Exh b t 45, T S Q Exbioit r 46 E:;Cmbit 42, r 4 7 Exhibit 8- , 0pavis, Gary) CEr red: t 01C}5; 20(i i) i , IOlsS?2'-` S�JR ]UDG -T NCTiCE ra ?2 4 4 ?:'IOIrG:`rT for spy jndgmt MOTION fort ex- LensiaL of e to fle doc�. -mt s I¢tian jcrwr�'n¢ry 10;05/2009 -'S ��nen %v Co ir�azvy of SoathwestF'lur_da. (Davis, C---Y) iErt�red hzFs ::l��f�.3:sJ.sc�T.r-c=:.gov!cg% bir� fDk`��,,gtgl ?63 ?9 ?8407936018 -L 942_0 -I 71290-01 Packet Page -68- N N O N N ti ElectrDnic Case Filing I U.S. District Conn - Middle Dist -ict of Florida Pape 9 of 11 hops :lle:£flind usco uw. gov/ cgi- Qin /Dk'4Rptpi'7fl34}4fs'907936Gi8- 2_942_0 -1 7rL312GI0 10/05/2049) 10/0612009 46 ENDORSED ORDER granting 4l P1a;ntjfPs Motion for lave to Expand Page Limitation for Motion for Summary Judgment Brief. The Plaintiffs shall be allowed to expand the gage limit for its Summary judgment Brief to 40 pages, exclusive of table of contents, exhibit lists, and cer=-cates of service. It is further Ordered that the Defendants shall be allowed to expand their page limitation for their Brief to 40 gages as well. Signed by Magistrate Judge Sheri Polstm Chappell on 10/6/2009. (Chappell, Sheri) (Entered: 10/06/2009) 10/07/2009 47 SL'PPL.ENIENT rc 45 MOTION for extension of time to We document Motion for gun m z?y Ju4ment by Conservancy of Southwest Florida. (Davis, Cary) ( Entered 10107/2009) 10/27/2009 49 NOTICE by Conservancy of Southwest Florida re?2 MOTION for s hammy judgment o, f SupplemmwJ Authority (Atta+bnents: n I Exln'bit r it 1) (Davis, Gals) (Entered: 10/271200-0) 11/0212009 49 ORDER denying 36 Motion to traansf case; 31 Motion to tansfer case. Signed by nudge John E. Steele an 11/'212009. (RIJM) (- E..,red: 111022009) 11/0-3/2009 50 ORDER granting nnrc pro tanc 45 the Plaintiffs Motion for Extension of Time to File Motion. for Summary Judgment Signed by Magisstme Judge Sheri Polster Chappell on 111312009. (L.Iv1Pl) (Entere3 11143120019) 1111212009 51 Unopposcd MOTION to amenclIc.orect 37 Order an Lotion for M�ellanEVIS ._ Relief Sc eauling Order by Paul j. C-ro!ar4 , Pahl Souza, Pew C -erer4 Ken Salazar. (_Attachments: # 1 Text of-'Pro-posed Ord LVA:Lidolph, M -a=an} 1 I t,Y�nLeTECi: 1 i/ 2iaLVU7) it /15 Fnoppose` voticn to -Amend I L ScheduHng Order. The Def-endants shall have up m and including 1ANUARY 7,7 2010, �, hle a Res w and Cress - Motion far 5. - A-7 h gm t fne Pl�tiff shall. have up to and including, FEBRUARY 22, 201(?, to 51e a R 'nse to the Cross Mc lion for Sumrnary Judgme*� Si g£i.. d by 1V�a �t�`{ate Judge Sheri Polster Chappell on 11/16/2009. (L'+1H) (Hatm -ed: 11116/2(Y9) 01rlo12010 53 joint MOTION to arnsfend/correct Scheduling Order by PC Properties DX LLC. (1kWow, Daniel) (Entered: 01115 /2010) 01/22/2010 54 ORDER granting 53 the Defendants, RC Properties, LLCs and Federal- Defendants Unopposed Motion to -A==nd Scheduling Or&m The Defend: nt shall hwy-e up to and including FEBRUARY 22, 2010 to file areVonse to the Plaintiffs motion for Sxnmary Judgment and Cuss - Motion for Sammaiy Judgment. 'T°nc Plaintiffs shall have up to and including MARCH 22, 201 0 to ftle a I- spouse to a Cross - Motion for Summary Judgment. Signed by ljiagisE tm Judge Shn Polster ChappeR on 1122.12010. (1 Y'' (Entered: 011221`2010) 0VZV2010 35 Cass MOTION for a mmy j adgmezA by Pei-- Geren, Pte'. J. GAS: LL L79er, Ken S£dazar, Pm! Souza. (Doyle, Ant drew) ( :'''tit" -rcd: 0- 7/22r2010) f 02,'2212010 56 Ufiopposaii MOi1ON for leap =a to file excess gages by ?c; ; hops :lle:£flind usco uw. gov/ cgi- Qin /Dk'4Rptpi'7fl34}4fs'907936Gi8- 2_942_0 -1 7rL312GI0 Eiectranic Case F'- 1?-T'D I U_S, District Court - Middle District of Florida 02/22/2010 57 02,'22/2010 5 02f22t2010 59 020- 3C30r10 till 7/24/2012 Item 8.A. Page 9 of 11 ,1{ SalazaTl Paul Sour �AC�achm`L= 1 Text of Proposes I C- rowmig ed Memorandum of Order, # 2 Main DoamentF�"rai Defendants Combin ent and in Support Law in pppositian to Plain' -fps Motion for S�-TY � Of Cross - Motion for SummarY Ju(jgment)(DoYle, Amdr) (En'�er 012/2212010} Paul Souza re 5fi Pets Geren, Paul J. Gross�gi, K, Sal2zar, Scro�'� Errtr NOTICE by es Notice of tJzzoppo;ed MOTION for leave to file excess pag {Doyle, Andre-vi) {Entered: 0212212010) gESP(ONSE to motion re 42 MOTION for stmzms2 j 12010) t films by RC atlow, Daniel} {Enured 02; 010} Properties DX' LL-,-- ¢''I P C Prop�� �+ LLC. (IYlailo�t, Daniel} MpTK}N for samm�5 5ucloment by ` (Bntered: G2J21t2010) �-ziin -imMarYJ�'- pa}al J. a 01' if ing�, gppENDIX re 55 Cross MOTION fors Pete C-eren,, Federa? D ,xhibzcs 1 through 5 by eni T 1 Ex�bit Fed Def. Ken Salaar, Paul Souza (fled sep�ztely }. f tiacl on (Oct 2�J0 Ex.. l: public Notice of Modified $ectio-n 404 p om" Reso'zc� Pernsit #2Z ;6 bit Fed De£ Ex. 2: �godif ed Stale Enviro Mime& Section 404 Ta V. 20()7) (- Xr_egt )' # 3 Exhibit P e3 Def BX. Corps- of Dna ee; s, (I`� " 4 exhibit Fed - T3°f. Ex. 4: Co, pe,-,,,"t uinle 2NB) (except }, _ 5 Exhibit Fed. Def. Ex. 5: South F c�i 2 water ) e � �s N-a .13, 2002 }, " _ - ��. ,, alitY mac 200'i} {exo t)� M elt Dlstict`s at18 -Vsis of waft r qa- {Doyle, Andes) (Enter 02r23r�010) CRYL'i3tF "ANT NCi I'ICE ie 55 Cress CIOC __red- i- 02/23,-2 01 0) Sz.JI -►'= �-a nor ,na'- yindenn (�-n) �..u_ 59 �fojF N 1 Y r t' {" rfT.tt'j "A (on. 2 ✓ 1° c t3;`21I 0 61 ^ 0 ?t26i2010 L 02J-2612010 63 ?�PEI.v`D� � 55 Cray I�OTIGi� foxh�� p� �� F'e Er J D��x1?rrs r,;,,rubF.s 6: hrowg 1 Y gaol Souza age=, RC Properties D(, ZLC, Ken �v :1.4as br 2�.r02a S 4�; s ara I ')• �'Atiac�mts: tr 1 ofu t 2 2 F�++S 37 �' bitFed. Def. 6;ri3E "-- ft 2 Exhibit Fed- Def. Ex. 7: Comic f � c McBride pz s• Ex. 8: Kali, 2005 FMS 428, 4 4 F�Yliit ed. Deaf EX. ': f Ex. 10: IYlazbr 1991 F`7+r 5455, 4 comet.. 2008 FE'S 2711 0 3 Exhibit Fed. De_ 17 „ hij)it Fed. Da Ex. 12: g v 'bit Fed. Def. E x. 11: Root 2004 � I?ef.9Ex.13: Mal- 1998 r q5 450, r 6Il 20(15 FE'S 5331 -.mot S EXlis t F"WS 51`t$} 9 Exhibit FedDef. EX, ed: :?12612010) �$ (1995 Revery PIa ) (Brown. lY�) ( x �k�o ice c`Filirrg Il�QII°. 1 ApPE'TDM 2 5 5 cross 'k& for 2L y maul T. C�osskn? gzr, RC Faderal Ds;"er.dan s`Fx -hdbis 15 - 21) filed scpawt61Y)- ( �n:s: propmtios � LLC, Ken Sai l Pahl Souza 036 DMR RcWvery Plan) FWS 1 = xhibit Fed. Def. max- I5: i7SF�IS 2006 I?al -G g=e'_997 r v�S 496,9 3 # 2 Exhibit Fed- Def- Ex .16: C H� bt Fed, De£ Ex. 18: J T D�f. Ex. I7: Prz,< 2005 FV,+S 501, 4 Exhi o9 F`v `S 543, �* EyE,bitF� ed. Def. Ex. 19: T=er 19. 'frexler 2002 F"�' S 542, � ? Fv i bi g F ¢^ ; 07 S 371, Exhibit 6 Exhlbi' - a 20: Caisson and , Y f 9 F`. i Fen. D,.£ Ex. ^^ bi2l0 93 }($-cw� lYk) (Er -1�ed: �,L12 � I t':. -std 1�7u �r � i 1-} ° *�ORDE�R-- 2i: v� 'VIOtiOn ��jj f� � Q 56 Fed. 1131eJa2010 �i_pg S( �2 0 l 7t29,'20I0 hips: f /ecf.fmd. scow* .govfcgi -b 't-plM.D 94870�936�J1£ -L 9 • _ - Packet Page *70- hiectromc Case F=9 I U.S. District Court - Middle District of Florida 03/2212010 1,65 03/2"212010 56 N_ 44/23/2010 67 N d• 04/28/2010 58 04`2912010 1119 0511uiL010 70 05,t1112010 171 Page 10 of 11 forLeave to File Qvm iz� landd Dl ECTS the ClerFkoogood urt cause to file Federal C:eaatTS �" asition to Plaintiffs Defendants Combined Memorandum of Law rmt oOIPPO ss- Motion for ffs Motion for Su=WY Iudgnent and in Suggo to ot'o Sheri Polst„ryr Judgment as of February 10, 2010. Signer by �a Chell on 313/2010. (Chappell, Sheri) app - 03103/2010) 5 Cross MOTION for summ.aay }ud1m� 59 RESPONSE in Opposition re �� 56 UnappQ MOTION for leave to file MOTION for suy 3"'n" E03/22-1r'2010) ss pagL filed by Canso vancy of Southwest Florida. x.40, Hems: � i bit PL 7, 2 Exhibi# Pl. Fx. 48, # 3 Exhzi3it PL ){x. 49, �` 4 Exlnbit PL 50, # 5 bit Pl. Ex. 51, n 6 Exhibit Pl. Ex. 52)(Da "'s, Cray) OEnt�= REAL' =ST ror cr,1 asp° -at on motions -or &-y) aryl �a010) Conservancy of Soufbwes`tFlori�. (Davis, Gad') ION to vj::stitute party by RC progerti es TX, LL C. (Attachments: i tiow, Daniel) (Entered: 04123/2010) of Propt �s6d Ord ,.)(Ma 67 The Defdaz�t RC Properiias, LLC's Motion to QRD g— parklands Associates I, LLP• =s hembyabstitt,ed as Subst;tute Parties. (1) _ erd.�, LLC. (2) Attorneys Def scut in tl?is atigation is glace of RC Prop _ of all finther Ruden McClosk-yt, P.A. and Daniel W. Matlaw rn the Coma's el boric responsiallty in this case, and si It be tea�ni"� �;tra#e Judge notification system. in reDa� to this litigation. Signed by _ Sheri Pals#er ChaPP ell on. 4"- noi 0. (LMH) (F=t--r--d: 04/2V20 10) ----1 -,.A �;ionaflataloc��r�selby APPS - Fr CE of nes- sicieai•_ �.. of Parklandsiates LLP. r�illiam ^il's Ryfw Pst�~ -n on laehalf LLcal C1: iiliana B, Wilson. Ion -� =sides= Cam ( �) (Eater: 04'/2912010) i tiiiCB by Pa< anA ;�ssotiia s I, Lir G EFLY wliu i) (Entered: 051101201 a) 69 Th Motion to Apgeu Pro Hac Vial. Rafe Petee� Esq•: ORDER ��° n I,LP, 2099 pemsylvania Avenue, N W, cf the law see of Holla d &K -ig�t, µ pro i�c Mice on Suite 100, Washington DC 20006, is perrai "ed to ap?ezr p LLF', 200 baha?f of the Defendant. -w,- L1jjam B. )'1� Esq., Holland & Kmght Sours Orange Avenue, Suitc 2600, Orbs, Florida 32801, shall be desi�ared IDcal Cc.:nse1 of record Signed by V- 45t�*Q 3�1��a SIzen 1'� sty* Chappell cn t=l 0511/2010) 551111,2010. ?10. (LMH} (En 1 d ORD amen ng 69 the order on. tlse ef Denc.��nt RC - _ L ' es, ANONDED geed by Magista° Isdge ��teri LLC.'s 3vSoncn to Supstm20 Partsss 67 ar �: 05/13/2010) Pal�Rt C PPell on 5/131 010. (LNI Cam' al b y Conservancy of Sou Florida, Jo; IYiOTIrJl�1 for role ra e Pazkla� AssoeeZtes I, LLLP, Pen Sala —r, Pets Crercn, Paul 7. GZCbkrug -, e�ril°alt, 2 Teat of Paul ScUza- (At�acb�ests: 1 Dlu'bi# Sewles to Proposed t ern aN� s, G�y�) ?�i�ed cn 71bt2 lli? to : o tiffcb;.ttext (d� -n). 07/07,S010) 05/1312010 72 07!0;12010 73 ht�S:IF ecf _firn. d ,courts, govlc� �m1Dk;Rptpl ?534'94907}36015 T 9420-1 7/2912010 FI eeti onic Case Filing I U.S. District Court - Middle District of Florida 07/02/2010 74 7/24/2012 Item 8.A. O DER denying as moot 42 the Painliff Conservancy of Sou' west Florida's Motion fGr Summary Judgement ; denying as moot 55 The Federal. Defmdsnts, Colonel Alfred A. Pantano, in has oz5cial capacity as District Commander and Engineer of the Jacicsanville District of the United States Army Corps of Engineers; Paul Souza, inhis official capacity as Field Supervisor of the South Florida Ecological Services Office of the United States Fish and wildlife Service; Pete Garen, in his official capa ity as Secretary of the Army, and Ken Salazar, in his official capacity as Secretary of the United States Depar¢nent of tie Interi.oes Cross Motion for S1mmary Judgment, denying as moot R9 The Defendant RC Propm-ties IN, LLC.s Motion for Summary Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 712/2010. (LM EI) (Entered: 0710212010) 07/0612010 75 ORDER gamting 73 Morton to dimmiss and dismissing case with prejudice and p,jrs=aant to the Settlement Agreement. The Clerk shall enter j adgment accordingly and close the file. Signnd by Judge John E. Steele on 7 16/2010. (TZj {Ent=,d: 07/46/2010) 07/07/20:0 76 JUDGM✓'v'T (Sipped by Deputy Clete). (din) (Ente e 07/07/20101 PACER Service Center Transac�og Receipt M9131IC! R 517 ient Code: ; erlptioa: jtCrite ia: iES?C f Billeble Pag-+: IP.b= htfps iieef. T1-ni .g YA 8907936018- 1_942 1 -1 usc� Packet Page -72- 7/2912010 CWECF - love Database - flsd Page 1 of 11 CLOSED, 7MH, lyIEDRBQ, REP DISCOV U.S. District Court Southern District of Florida ('West Palm Beach) civet DOCKET FOR CASE M 9:06 -cv- 80532 -DT KH National Wildlife,, st al v. Souza, et al Assigned t0: Judge Daniel T. K -Hir1NL Hopkins Q Ref rsd to: Magi:�trat Jsa� P Demand: $4 Cause: 16:1540 ESA - End�.g�ed SPI -'ies .? ct E a) N Plaintiff N National VVUdlife Federation d= a Distr- of Cal tmF'•a Avar -proft N Crrp�ra.�c;x ti Date. Filed: 06/01!2006 fiat-- Tn- mmat.,d: 0111112007 Jury Demand: None Nature of SuAt: 893 Euviroummtal Matters Ju-isdiction: U.S. Gove=ent Defendant r-_pr°., entedby Gary A. Davis Gary A Davis & Associates po Box 649 H ot Springs, NC 28; 43 82s- 622-0 Fax: 522 -7610 LEAD AY O-R-7�EY AZ' GAXEYTC BE 1 'T0YYCED jan G- oldman- Carter -.zq n-nd W0dlife Fed°=a+tou Suite 400 901 E Street 2 ae2ing`,oi4 DC 20:04 E- m i. goldmaucart=] @n'f.crg T,.���/'�D A.(T�TORIV -�`Y 1�Z1A.J�Si1S./ .:CL A t0E-N 'YT0PENO?7CED John F. Kostyadr- INational v' Mdh:&c FederatLon 140016th Strew NOW sEi gton, DC 2003^ -2260 202 - 737 -6$79 Fax: 797-6646 ER,i AYTOPU:N'B'Y eTTORP&YTO BEIVOYTCL'ID Mary Randolph Sargent National Wildu"e Federaton 9�o1 L? StrodN.W- Suite 400 Nashingten, DC 200C34 202 - 797 -685 ftsd .rsca *:is.govrcg; - 0i-'!Dk t 1 ?8304161498}61- L_560_0 -1 712912010 7/24/2012 Item 8.A. C_WEU. -.Live. l3atabase - tlsd Page 2 of 11 Fax: 202 -797 -6546 Email: sargmt@nw-f org LEAD ATTORNEY AT 0RZ&Y TO BE N077CED Richard Joseph Grosso Environmenirl & Land Use La-w meter Inc. Sherard Broad Law Center 3305 College Avenuz Foil Lauderdale, FT_ 33314 954-262 -6140 Fax: 262 -3992 Emil: rioiiard@elulc.org L PA n A=URNEY A!TT0!?_NTY TO BE N037CFD Plaits,' Conservancy of Southwest Florida n rrasente by Gary A. Davis a Florida Non-Pro C (Ss above Eor address) �r7w� LEAD ATTOR?v--FY A_7770A -T7 TO BE NCJ?CED Jan Goldman - Carter (Sv,- abo -7e for addrm) LE'. D AIYO PY Y PRO l C VICE Z YTOMME, YTOBENOTICKD John F. Kastyaek (See zoove for addrcss) r iD ny l0 "Y :y ATTORTNT'YT© BE WYCE`D, '_Yl;ary Randolph Sargent (See above for addrms) LEAD A?TO RIB Y ATTOp,�Ej TOBENOTICED Richard Joseph Grasso (See above for addr°ss) LEAD ATT C1RYEY AYT0k EY TO BE NOT ICED Plaintiff Collier County Audubon Society r_rts, t5d by Gary A, Davis a.F7o,rLLr Mon Proff Co7poraftiGn (See ��above -r�for address) LL�tDl AiSOtYt� l ATTGRATIT O BE 101 ,1r slaps:i,ecf. _juswuris.�avlcni- bin/DktRpt.pl ?&3{1441514985271 -L 5660_0 -1 Packet Page -74- 7129.2010 wi L_ N O N d' N ti CIWECF - Live Debase - s"sd Page 3 of 11 Jan Goldman- Carer (Sew above for address) LF D A?TORATEY PRO HA VICE A 3 TORNEY TO BE ?VOT7CED John F. Kostyack (See above for address) LEAD AZTORNF,Y AyTORXEYTO BE NOILYCED Mary Randolph Sargent (S= above fbr address) LF-4D ATTORNEY ATT'OR-Ey TO BE XOTIC' Richard Joseph Grosso (Sew above for address) T.F'sff3Ay ORyzY AyTORREY TO BE NOTICED —Pulintiff Florida Wildlife Federation r r� sued bg Gary .Davis � (See above for address) ?t a Florida on Proj_t C070ra`'0'1 LEAD AY-1 ORNEY AY UT. NFY TO. 3—F h'OT CE Jan Goldman -Ca ter p-- above fo' add:---S) Lr,A-D AYTOKNTY PRO HA VICE �iT'"O£a -vTYTO BE ,7GI C�' D Jahn F. Kwtyaek (Sve shaye for address} ATTOR_?&Y TO BE NOTTCED Mary Rau&Iph Sargent (see above = address) _I- D A 17 r uEy ATTORIv -YTO BE NOTTCE,D Richard Joseph GrosSa (See above for address) AiTOANTYTfl BE NOTICED Piain#iif � � by Gary A JaV2s National Audubon, Sacley, luc ra vicgi -1) n/Dkt�t.- i ?S -�O �' 1514989271 -L 56!0 0 -I 3/29/2010 r�t�S:I, :.Cl.si5L1.U.5C�LIr:.. >gu t� 7/24/2012 Item 8.A. Page 4 of I 1 t✓t Ei r - Live Dattabase - �d a New York Nan Prafat Corporation (See above for address) LEAD ATT'OBNEY ATT'OREV_PY TO BE NOTICED Jan Goldman- Carter (See above for address) LEAD AYT'OPIVEY FT:O HA VICE ATIOAMEY TO BEE M01"YCED John F. Kostyack (S 5t above for add:w' s) L FAD AYTOPU`Y ATT'O_k1v_YT o BE RMYCED TrZary Randolph Sargent (See above for address) LEAD A' 17101 LVE,Y AT TO_R EP Y 2 r-) RE 0T ICED Richard Joseph Grosso (See above for address) rL e..DA17'0PNE'Y A1=_R, _EY.T'OBENOTICED V. Defendant "v �d.Tew J. Pant So Doyle ws. oY1e Ac Mo h �:ariva Umteo Sates Depat-t of _ ustice ng Fe _i_S PO Box 23986 � t ologfcal Serwic� ri ce - a; rgton, DC 20026 -3986 ;0P_-5127 Fax: 514 -8865 —Email: ancL-e.aflylfistiaJ.gCv 'T L4D ATT -OpwEFY _zTTG,ZN- 'Y TO BE'ATO17CLD Barbara Petras U.f.3 Sta*xs AG orney's Ofe✓ 500 E Brow and Boulevard 7t11 Floor Fort LEad crdall v, F 43301 -3002 954356 - 7255X3609 Fax: 356 -7180 L � A17"OkII EY _A_Y't O NEY TO BE NO37CED Kelvin J. Larsen U.S. >9epa w -,nt of j, usticz ,; :l �.gov /vim bin,,DktRpt.pi ?830 – 4151 '989271 -L 560 0 -1 i/29 /2010 Lt �s rle,.L?Isd..t�cout-w � �- Packet Page -76- ;-0 he N N O N It N ti C1vbTCF - Live Database - flsd Page 5 of 11 Environment & NN at:ral Resources Div. P. 0. Box 563 Wasbing=L DC 20044 -0563 202 -305 -0258 Fax: 202 - 305 -0506 Email: kevin lars--n-@a�?usdoj.gov LEAD AY MNEY AYTORItEY TO BE 710TICED Mask A. Brown United States Depatraent of justice Wndli.fe & Marine Resoucew Section PO Box 7363 Ben Franklin Station Wasbingm DC 20044 -7369 202 -3015 -0204 Fax: 202 - 353 -7763 Emafl: marlcbrownCa+usdoj.gov ATTONVEFYTO BE NOTICED Defendant John Stadt repr en± by Andrew I Doyle South Permits Erg Chief, U.S. Army (See above for address) Ceres g, f�nglnezers Regulatory'Pemas � t? �OTO E Divxvion ATTOTiiv'E'Y 1 Q EE' ?�IOiTc:� Barbara Petras (S:_- above for address) LEAD Al TOP•_NEY A7�`C11RNz -yT O N017YCED Kevin L Larsen (See move for adtlre„ s) LEAD _D ATTORATEY ATTOP.NEY TO BE NOTICED Mark A. Brawn (S:e. above for ad?xess) AI-TOR31EYTO BE NOY -ICED Deieitemu Sere* r3° of the any relmsented by Andrew 1. Doyle Fr�4s .i-r_�r-vey, (Se.° above for addresi) LEMD A?T'ORATEY ATTOR -lVTYTO BE s:017C_ E Barbara Petras (See above for addmss) LEA D AYYOIt1YEY Y OR -3 ,ITY I O BE '- 017C -. h-ttps: /iwf.fl.-d..=Ourts.govic i -b?. DkLRpi.p? ?83(1- 4',1514989271- L_560_Gl 712912010 CWECF - Live Database - ffl&d Defendant Acting Secretary of the U.S. Department of the Inter -ter P. Lynn Scariett V. Intervenor Defendant The Ronto Group, Inc. 7/24/2012 Item 8.A. Page 6 of 11 Kevin J. Larsen (See above for address) LEAD AYTOPMY AMRNE'YTO BE NOYYCED Mark A. Brown (S= above for address) ATTOR2�EY TO BE NOTICED r Jres ,�ti by Andrew J. Doyle (S„r above for address) LEAD AMBNEY AT.—LO ?.�.EY. O BE NONCED Barbara Petras (Sec. above far address) ,D AI TOR NEY ATTOPNEY TO BE NOTICED Ke -y'in J. Larsen (see above for addx, --ss) LE,,fD ATTOPYEY ATTOPy,E'Y TO BE J- NTOl7CE'D trlat k A. BrO n (See 2bove. for ad-rLmss) ATTORW Y TO BE NO f7CED y„sented by Ellen Ross Belfer sZ--Q=- n & VvilE=5 1111 Brickeil Avenuc. Suite. 2500 Vjmij - FL 33131 '205-810-2-1500 Fax: 810 -2460 Fail: e�*eli a untcn.com /;L TTOF�,A�FEY TO BE JklOTIC=H' Date Filed z Docket Text F�P 537267; a � � e GJI A T nl r 0610-/2006 n-,C Judas Tames M. Hop's (sy Deputy Clete) �3 : O�c102i2G� 06101,,2006 SU_ 1C)NS(iJS) is3"tj,_ for Fain Souza (ss, Deputy Cleffi (Mere.: 06f02i2OWj https.: IIP,r .f.s d.jsce�:.go:rlLgi b iniDkRpipl ?8301514989271 -L 660_0 -1 71-9/2010 Packet Page -78- N N r' N N ti C2vI/ECF - Live Database - flsd 06/0112006 3 SLU"ONS(ES) i 06/02/2006) SUMMONS(ES) i 06/0112006 4 06102/2006) SUMMONS(ES) i 06/4112006 5 ()6/4212006) SC11LVONS(ES) j 06101/2006 6_ 06/0212006) 06/01/2006 7 SL iONS(l S) ( Enters-4: 06 /02121 NOTICE of attolr 06/03/2006 1fi Amy, Actmj Syc S Clerk) CY-E ).tvlvd. C MO TION by lvald 06/20/2006 Florida Wil tile, ,rice (ss, Deputy C 0&70 ?2006 1 Filing Bee Paid; F =te ed: 06/2112 MOT MN, by Nat 06/2U120rA 9 Floridaa.ldlife, t s& Deputy Cler=k 11 - - - Filing Fee Paid; F 06/2.0r_006 (Entr ed: 06r li2 G61220/2006 -10 lyfOTION b1y Nat 1 l ioliel f T dhf-+, hac vice (ss, D07 MOTION by Nat 06/20/2006 11 Florida '► ildl jfe, (SS, Deputy Clergy 06/20/2006 Fiingg -,d, I .Fee :sPa( (yLtVlfAi. VVf S1� n5f2g; _1?Oa' 12 ORDER.° ( Signed by Iudg: Deputy Cl-rk) (E 06,128/20M { 3 ORD =Z gi ant*mg vice ( Sign-,d by, puty Cle (nib, De rl 06128/2006 14 ORDE R ting ( Signed by .ludg+ Deg; ty 0 11-k) (EE Page 7 of 11 ;sued for John St-adt (ss, Deputy Cleric) (But--red: slued for Secretary of Army (ss, Deputy Clezx) (Entered: slued for Acting Secretary of (ss, Deputy Clcxk) (Entered: .slued for U.S. Attorney (ss, Deputy 0---1lc) ( Entered: sszi for U.S, Attorney General (ss, Derry Ckdc) .ey apgea juce far Paul Sow, John St idt, Sec -et'"; of ratary afby Barbara. Petr -mss, Mark A. Bars u (gp, D°gut.y '71051200,6) .oval Wildlife, C0aSt-Vancy of South, Coljie- County Audub, gationat Audubon for Ian Goldman- -C -o -ter to apPear F70 hac ;jerk) (Entered: 0612 1 /2 4 0 6) U-ING FEE S 75.00 RECEIPT 4 537435 (ss, Deputy Clcrlc) } nservanev of Sc-uth, Colic County Audub, QIla1 �jdi , Co i h2havi, vi ,Naiaonal Audubon fcr John. Kesi;'ack to pe as p (Euter�- 06/21 /240rs'} 1i,lNTG F S 7 5. 00 R.ECEET fi 537435 (.s, Deputy Cl ) :046) Conser anr-y 4f Sotlth, Collier (C-aunty Audub, ,NaLL oLl Audubon iMa y fi_ rL -Pro Sty Clerk) (Entered: 06/21,'2M ional Wildl fe, Con ar,.cy of Spat, Collier County Audab, National Audt:ooa for Gary — Davis to appe�.r gro hoc vice :) CEntcred: 06/21/2006) ILLZ''?G FEE $ 75.01} RECEIPT 537 35 ( ,/Deputy Cl ) [11 -1] motion fcr Gary A. Davis to EPP, it Pr° hac 4zee D=del T. I FIZlsy On 6,5106) [EOD Da1c: 650!1- 161(ra, ntered: 06/311/2006) f 10-1] soticn for J�ja y Randolph Sargent to 2 PP= Pro hac Judge Daaial T. K. Harley on 6;:6106) (EOD Date: 6'30106] 1) ( Entera: 06130/2046) 19 n fr Jom K -] ,l otostrack tc a°�a pia hc mice Daniel T. l' -H=1--Y on 62 o.r(}6) [EOD Date: 5/30/061(rb, cared.: 06/ 30x006) hips. l�ec£ flsd. usco��s. gt��Ic��b= n.�ktRpt.gi ?g30�- d1514�8927i -L 5fr� 4 -1 712912010 7/24/2012 Item 8.A. Pa e8ofII CMl3-C E - 1-1ve Database - ilsd hac pro 06/2812006 15 ORDER 8ranting [8 -13 motion far Ian Goldtnan-Cart„C)D Dat. 6 0,106] (rise ( Signed by Judge Daniel T. K Hurley on 6126/06) [E Deputy Clerk) (Entered: 06130/2006) 08T04/20U6 I7 FIRST AMENDED COMPLA�F by N�o�'Wildlife , (Answer due 8/14106 for Acting Se :r rY of, far Secz�tary of Amy, fo, John Stadt, for Paul Sauna) am" -nding [I -13 complaint (rb, Deputy Clerk) CBntercd: Og /081'2006} amandad complaint by National Wildlife, -)8104/2006 18 NGTiCE of filing j 18 -1 1 Cmservancy of Song ColUr Co?mty Audub, Florida- Wildlife, National Audubon (ok, Deputy Cl-k) (l;utcrea: 08108/2006) u8f181iO06 79 i�iOTiON by Pahl Souza, john Studt, Secretary of Amy, Acg SY °f (Attoaney) to e2:=d time respond. to plair�.,.—s' first amender complaint ormar Deputy Clerk) (E. nta—d: 0811$12006) i9 -1 nation to exierd time to respond to plant' Est 08/2312006 24 ORDER g=tin€ [19-1] amended complF -- t ( Signed by judge Daniel T. Y. H -alivy on OM3 / G5} SOD Date: 8124/063 (d}, Deput -Y Clerk) (F-ntered: 0812 ?!200 I O9i07l2006 21 SECOND UNOPPOSED -a 1f hym `end tsmv to rz3p4nd o amended env, Acting Secretary of ,Attarreyed}: o er'Lo20(}fl complaint (R4 Deputy CI �1-) Uri /l It'20G6 22 ORDER granting [21 -11 coati to ��and tune to re&?ond to am. :dad complaint ( Signed by Judge Daniel T. K- Hurley on-9111/06), MOD Date: 9/131G61 (-b, Depury Clak) (mot —mod: 09/13/2006} 10, 01-12006 23 MOTION by Pa:l So•, Za to extwrid time raspt:nd to p1�1nTSt amp comlaint (dj, Deputy Clcsk) (• .°red 10102!2006)' 1tJ {0 'Zt046 24 ISO 1 0I� by Paul Sai:za, Joy.. ar.u: Secretary or .4 =y, Act Se e *ar�r of for Adam J. Siegel to withdravi as allmney , to substi��° Kvvin J. Lzn- -n as Attorney (dj, Deputy Clete) ( Entred: ? 41 -)S:LCr�} 10.'05120{)6 21 ORDER granting 23 Motion for Extension of Time to File ; wponsa to Erst ameuti�l complaint to 10/16/06. Szgaed by judge Danial T. g.. Hurley an 10 /05106. (sk) (Entered: 1011912006) 25 idjR to A?nendr? Cow aint by `I' z unto croup, Tnr..(3e�feT, ETEen) 10/12J2-006 (Enter: 1�3l12t20t}6) 10/12"2006 26 Fourth MOTION far Extension of Tame to Fiie Ana-we 17 c�hR Ad Camph nt (Unopposed) by Pail SV VII John Studt, S ry . y, 'A -bag Secre,& -y of the U.S. Department of the Tntarior. (A:uachMents: � 1 Tsxt of P; opos Order Proposed Order)(Srovan, Mark) 9Fntwe 10/1212005} 10/1212006 2 7 MOTION Intr-Yene as Defend -n: by Titre Ronto Group-, TM- (B eLrer, Ell =) (Ent 1:1011212006) 1011212OOb 28 VORA]]DU -►vI ur Support re 27 MOTION to Tnt7vene as Die :�'ar Elea I T$e Ronto Group, lac.. tBe'if r, Ellen) t�terel : 10/12 /2006) F/12-P-206 TL9 I OTTCE by The Ronto ero , Inc.:e 28 Memor �ir?ri;ri fiup- 1f tkir..ce or Deelaraaao;t of jimr Ree ern (Helfer. ELen) (Bntred: 10/121200 F:� %eta . https: /./¢:,rr7s&U.S ur�s.govic3i- biivDkG p..pl ?830441514989271 L 560 { -1 ]29,'2010 Packet Page -80- N N O N N ti CIvIrSCF - Live Database - flsd Page 9 of 11 1 QJI2/2006 32 MOTION for Karma B. Brown to Appear Pro Hoc n i Failing 10/ b12406 (rb} Receipt #748014 by The Ronta Group, Inc -• Resp° by (Entered: 10/2012006) 1411212006 33 MOTION for Virginia S. Albrecht to Aggear Fro Iiac Vies Filing Fee X75, Receipt 4748413 by The Ronto Group, Inc.. Responses due by 10/26/2006 (rb) (Pattered: 1 012012046) 10/18/2006 30 ENDORSED ORDER granting 26 Ninon for Extension of Time to Amer First Amended Complaint. Paul Sou= astswer due 10/3012006; 3obn Stmt answer due 10130/2446; Secreta3y of the Amy answer due 1013412006; Acing Seer. Lary of tb e Daniel T � ley on110 8106 (lr) (Entered - 010/1812046) Signed by Ji dg 10127/2006 34 Fi :a MOTION for an � Paul Souza, Jahn S��d� ��%r��ffhe A_�y, Complaint no a5ed by Acting Secreta&'y of t -- U.S. Depar -rent of the Interior. (Attachments: n 1 Text of proposed Order)(Bro Wz, Mark) (littered: 10/2712006) 101�Oi2406 35 ENDORSED ORDER gang Motion for Extension of Time to RaspOnd to Complaint Federal defe�tdants` response is du,- November 13, 2006. Signed by Judge Daniel T. K. Hurley on 10/30106. @z2) {Enterzsi: 10130/2006) i0 %�O1Z006 3£ ENflRSED ORDER grating 32 Motion to Apps � � Vice by K.-•-ma B.13rov�n, Esz,., g a, u ?3 Mo son to Appel: Pro Ha.. Vice by Virg in S. Albrecht, Esq• Signed by Julg- Daniel T. K. Hurley on 10.130/016. (Ic2) � (Lna �reci: 141301200u) 1013i,�2 �0�5 37 ENDORSED ORDER �cutina 24 Motion to �,`ifrtl ofAazrs J. Siegel as counsel in. this matter and to s*.�bstit rte Kv+n J. L=sen as co-�ei for the Federal &,- edmits in this ma.t:�- Signed by Judge Daniel T. K. Hurley M 10/31106. or) gin ered: 1013112006) 11/u'2/200u 3 S DTJr G OPP , ORDER Ri���,IhTG CASE to A2eyi:.flan, ORDER LL CASE to Magistrate ?judge Jzma.- M. Hopkins for disco veiy; I=y 'Trial set for 614/2007 09:00 AM before judge D ariiel T. R Hurley. Calendar Call set for 511812041 02:00 PM before Judge Daniel T. K HnrLy.. Signed by Judge Daniel T. K. Hurley on 1110212006. (bs) (E'ntered,- 1110212006) a 27 IYIoiion to inters tee. The coat P= is lna 11103/2t006 39 E rDORSED ORDER granting _ RD�ntn Crrolip, Inc. to inEervme as defendant. Signed by Judge Daniel T. K H=I--y on 1113:05. () (Fnted: l if03PlOs06} 11109/2006 40 Sbeth MO T IO for Extension of Time to File Answer ra 17 Amp Complaint pjgrposed) by Paul Souza, John Stadt, Se=--try of tae A=ny, Acting Secretary of the U.S. Depa ent o Lf09i 006j sues: 1 Text of Proposed f)rdsr)(ErrOfa, Mark) (En 11/20/20M Al Fee-a1DiV° dan s`ANSWR tO Amended. Ccmpla :far Declaratory and r Inj/ jrcuve Relref'by Paul SOWA John S ne-4 See etary o: ±,8 Army, Acting Sczjcta_ry of the U.S. DepartMeut of the h3f-- 'ior.tTJoyle, ,ndraW) (E-t,-red-, 111201200 r� htt',�s :lip f.flsd.uscour`- govlyg? -bi. lD t.p1?830441514989271- L_56fl_0 -1 it-79/2010 C,M_jIrCF - Live Database - Ilsd 11/27/2006 1 42 11/28/20053 111129,,20 06 I 12/111200.5 !L5 1112!2006 [ 46 7/24/2012 Item 8.A. Page 10 of 11 1,r1QTIQ1�i to Remand to United States Army Corps of Engineers Agency ¢nd Memorandum of Law in Support by Paul Sauna, John Studs, Seeretuy of the Army, Acting Se."retary of the U.S. Deparmaem�t of the Inteaor. {Az�ehrh to gmann, dr. o 27, 2006) [ # 1 Affidavit Dxlazation of Harry Vd. Ber 7, 2045) [Ex. 2 to M, otion]4 2 Exhibit De`.1�'�oa of .Eim Reinders (Nov. Bergmann Decl.]t 3 Exhibit Lem dated Nov. 22D2005 f y1�An L. Grossl�1ger to Jim Reinders [Ex. 3 to B erg mann (Entered: 11127 /2006) NOTiCB by Paul Souza, John Studs, Secretary of the Amy, Acting g�*etary of the U.S. Depaa`t.ent of the - 1nt�or re 42 MOTION to Remand to United States A=y Carps of Engnemrs Ag�Y Td Memorandum of Law in Support (Doyle, Andres) {Ent- : 11128/2006} fi ITS ? e: ?�2 MQ?TON to Remand to I;'ni��d Stags A=-my Corgi of E„gf,.meei; Agency and Memorancism of La w in Support Med by Paul Souza,: John Stldt.. S ecr�.� of the r'�y„ Actmv. Secretary of the U.S. Depd-tment of the Interior„ 43 notice (fltheij films by Paul Souza„ Bolin Studt„ Sxreta,y of the Army„ Acting S=eta<ry of the U.S. Depat ens of `fie Interior, Related c"socument: 42 MOTION to Re-�d ,o United at by P AX-MY I 'corps Souza, , John 5tudt;, Agency a,-I M�norandum of Law in SupP Se et,ary of he any,, Acting Secretary of the U.S. Depafw-­ant oftce Interior„ 43'�otice (Ot =net} f:i.ed. by Paul Souz =„ John 5 tudt„ S W70-1ary of the Q of the U.S. D a ent of fti:I:�t�rior,.(dt) (Eni � j= ��y„ Actint, 5ecretazy I1,'29/2006) a� a: 1%10 T j_GN to Remand to LJr;�tea S`� AMY C��ICATE of Coons.._ re _. - -` Corns of Eng�es.- A gancy and �`f°n:�rrrdw --n of Law a.n Su9Port and ?�c7T�C� GF i I� ;G pr0gased order by And-yw 1, Doyle on bs -, of Paul So a 7clm Sevretr`Y of the lrny, Act-.g S� =r��' of the U.S. Departin�t of the 3t�:ior tta: ent3: #Teat of Proposed Order S~rp�....ated P70L Omer} ( Doy1e, Andrew) tint= red: 1?]IZ1200v Proposed Paul S'i:L�ULATi01`T �'�s To ���(� rye tees and Cr��: and Fro ,ed Order by Souza, Bobo Studt, Secr�ofthe A-aY, Acg Secre~y of theU.S. D;pa_ of `d~e Interiorttacl?me nts: a Text ofPToaes; ci Qrder }(Srov.�� , Mark] (Entered: 1211?12aC} 47 E?st'DORSED ORDER grsntng !! 4 Federal Def nda s` 5i�th I�fiodan for GlIG4r2007 P It R e once s due Exte -,won of T:mne to Respond to Fira �.m�d✓d Comp sp 11120/06.S xt -,r, igg� by 7adge Daniel T. K Hurlt)' an 1/4107. (lc2) (�r�1 01 /G4/2'00 4$ t?RI7 Ming rnotiou for voluntary rend End dual; FIFli�:ng 42 G1/11f2007 _ Agency -S wed by J:mdg.- Daniel T. _ Hurley on motion to Renraud � Ag� � ; 01/09/2007. (hs) (Entei,-d: G1 /11.2007) ORDER S =A pa_rdes, mo*den for cao:�t a�prov?1 of stipulation as to G1 %11/21?G7 A9 Judge a !c aftorneys' f and :{`sts. Sigoed by J=am D oriel T. Hurl ,-v, 1/1 i, r. (► 01/1112007] s h tps:f /f.= modcolat'� goy /cgi- bin'Dd�•pt pl ?83G44151498J271 -L 550 0-1 2-9•./2010 Packet Page -82- i N N O N N ti CIA/ECF - Live Database - flsd PACER Service Center C Transaction Receipt 07/29/2010 1020:10 517 D riptiam: t c ktt Iseamb rt ii]]�b1e Pages: F9 Ciient Cade C: itena: Cash IM 0.72 Page I I of I! b.` i,Ds:// vc£flsd.uscaurtb-.gov /cgi- bin/DlftRpt.pl ?830 41514989 ^71 -L 560 C-i 7/29120-10 « k!2 ; � 2 \ & E :(,\ � j [) 7 2 5� \ k ,/$ � \ \k \ / § d ) Ma =nom 7/24/2012 | m 5.A. ; � 2 \ & E :(,\ � j - 5� � \ Ma =nom 7/24/2012 | m 5.A. wid _gym Packet Page -84- k/ \§ (\ . � \ � � � � � i CL • '| , \ \ :(,\ - 5� � \ S= - ,_ � \ § . \ \ ) \`\{ !f$!} wid _gym Packet Page -84- k/ \§ (\ . � \ � � � � � i CL N N O N d' N ti �r cmnty 2800 NORTH HORSESHOE DRIVE COLLIER COUN T y GOVERNMENT NAPLES, FLORIDA W104 GROWTH MANAGEMENT DIVISIONI (239) 252-2400 FAX (239) 262 -6358 PLANNING AND REGULATION WWW calEEeraov -net Pr i� 5` 10 Tme: .15 Firm - Gaffe: ^-� �LQi j i3S t� Phone: —API Applicant Narre: Phone: owner Name: ZIP: City: state- Owner Address- If an amendment, State Development Order Number: I ?kt nerve �Q � �t� Local Resolution Number. -q Assigned Planner A?�ing�#.�:����s . �ditacsa��•ig�- lsi'Si�e�tj. S- tis7 d 4?�j y V °c clue a reFa ^ual crne-nt, you a. re;ulr tvn she i SCHOOL GQlCURENCY - if u1e F1 CGS reqare{2School Dlsu i� Of Collier County at ^u^ V i to disou se',ccl ricurrsy nts -1- G :kCurrenV,Pra- .App5c@ ion Forms 2010tPre -aPP Forms - May2010',DRI - DOA Development Regional 'Impact Pre-application July2010 -doc 7/24/2012 Item 8.A.. oo *ir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 lA ww.ColIierQoY.net F $10,000 DPI Review ( *in addition to cost of Rezone) puts $25.00 acre (or fraction thereof). $2,250.00 Ca- pre;-_-nsive Plan Consistency Review (applies to DR[ only) $6,000 DRVDOA Amendment Development Order phis $25.00 acre (or fraction thereof) the aaeay Charge doss not apply for amendmerris which only charge the build -out date of the DO for a rcne period of lest than five years. $150.00 Fire Review Fee ($500.00) Pre- application credit (Applications submitted 9 months or pore after the date of the Iasi pre -app rneeting: shall not be credited towards appCcation fees and a new pre - application meeting will be required. [X� $925.00 Legal Advertising Fee for CCPC meeting (to be recandled upon receipt of Invoice from Maples News). ® $500.00 Legal Advertising Fee for BCC meeting ❑ ` $2,500.00 Environmental Impact Statement review fee Property Owner Notincation fees. Property Owner Notifications $150 Nan -comer, $3.00 Cerfified retorts recoo ma7 ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Tr pa=ation Fe s, if re- quired: (submit separate shed for Tr=- -, rtatires Fees) 5500.00 Methodology Review Fee, if required ❑ X750.00 Minor Study Review Fee, if required t ❑ $1,500.00 Major Study Review Fes, r required -3— GACurrenttPre- Application Forms 201OTre- app Forms - May= OTRl - DOA Development Regional lmpact Pre - application July ,2010.doc Packet Page -86- t:! 4 O Q Ili `3 � C J 7 , y (y 1 r% t t r l � N N d N mum i� tes r.� S.. S � � i� 4" r Y z i� i L:! ni i� Am � cu sty 1 r L C I W E m Ili `3 s c J 7 , y (y 1 r% t t r l � � tl v N 7 i LU 1 ai �► V r.� S.. S � � i� t � 4f t L W E m Ili `3 � c J 7 , O o (y 1 r% t t r l � � tl v N 7 i LU 1 W E m M i v Ili `3 t ri i (y 1 r% � r � i 1 M i v J l 1 T 1�~ e� � � o � m r J II. V �. iC. ai �► � .J r.� S.. S � � i� t J l 1 T 1�~ e� � � o � m r J II. V �. iC. vt1/2fJ1010 15:08 TEL 92$420r59 H N LAND DEVELOPMENT 7/24/2012 Item 8.A. COLD: -:R CO UNITY DOVERKNAiENT ADDRESSiNG DEFARTMENT YVANNA �A,v 29aa NORTH HORSESHOE DR €V NAPPLES, FLORIDA 34104 ADDRESSING C145CKLIST Please cornplC a the FcflovAng and fax t4 the Addressir}<g Deparlrn.eat at 239- 252 -5724 or gul=ft in person #n the Addressing C}cparfn ?bnt at the ebflv address. Form must tsj =irr =ti_bv Addrenalra ;TrscE�n nrir�r to are -ac rnsrtfna. al;- aseaiiow3 days #^r pmgessfr:g, No, ati iiz:ms ".49 av* to every projoctL. Items h bnf9 tippe aro ru4uir d, Farms odes then 6 marlihs will *Culm addltkmal m.vimv and appro -,,fit fsy the Addressing Department. FETITION TYPE (check peGfian type N-4aw, complete a se zrwa Addressin=g ;hEGI{tisl:cr_ach pe6,ian F,ypo) C SL Porrnitj C SO (Bc-st Cock Extension) !� Q�rti',�ilCiiouS ;'c!rr:it €� CU (C"diticnal Use) El EXF (Exc :avatlon Permit) [7 FP (Final Plat LLA (Lot Unit A,.iu5trnent) PNC (Project N -=r,?a Chafe) PPE. (plans & Pitt Review) C °SF (+� limirar} Flat) ('❑ r'v Rezone _U ❑ SOP (Site Dawup-menl p4m) ❑ .SDPA (SDP /Nl mendrneent) € j grPt (tnsa5slanuai chances to SOP) i-1 SIP (Site In?provernent plan) ❑ Sipf (tnsvhs ?tiaf Ghonca to SIP) Q SNR (4ireet Nara Change) [,f SINN (Stmet Name ~riTr nqu - Unptalte -d) U i DR (Trr ice= of f }.%--14pmert Rights) Q IVA { - ta'?'^ce) 0 `ARP C' eaatation Rcmcvtl Permit) 0 VRSFP (Ve-gee n#ion Remvai & S €tc Fill Permll) fi s t�c� tV�G° iii v'•lc�ri�' :G l�!�t SECTION 9, TOWNSHIP 483, RANGE 26E -- PC--c C��S "- � C� � t (-3 FOLIO (F;eperty rp) HIJtJtB =IZ {s} of (51, ach iq cr zssF rrh, ieczzt des rprran if hwe firm ar?) 00177e00003, 0017781 GD(}0, 00177600100 S i REE T A 'DOR,SS or ADDRESS; S (zs v pr %able. if afreayy p, rred� LQCAT fQu MAP Mulct be shim -iu exav, aFprgtn- sFe in rala ion to ne7rest pub is rced raht- pr -v.'Zy SURVEY, r =py - nett CrN rtr unplaffed grope ics) PROPOSED PROJECT NAME (Wapplicable) THE PARKLANDS G S? RED i NA vlcS (if Rprticr?:fa) ::I E E DE; 5 ELOFTAEN i PLAN 4iUWi B=R (far -_x.'Sf, .y^ p al&C�V_-& 5 Q 1 ✓� SCUP - or AR # Packet Page -88- COLLIER COUNTY ZONING DEPART MEN REQUEST FOR MEETINGS REASON FOR =MEETING (check one) Pre - Application Meeting D Telephone Consultation for SDP, SIP Insubstantial Changes 0 Telephone Consultation for ICP Insubstantial Change D One -On-One Sufficiency Review Meeting 'indices required field Q C6 YOUR CONTACT INFORMAT, ION NA -ME:' BOB DUANE. AICP REPRESENTING:* PARKLANDS ASSOCIATES I. LLLP N PHONE: 239 -254 -2000 EMAIL: ST EPHANIEKAROL(a)- WOENG.COM o TYPE OF APPLICATION:* NOTICE OF CHANGE TO DR] 04 N PROPERTY INFORMATION ti FOLIO NUMBER:* 00177500003, 00177810000.00177600100 ZONING OR PUD NAME (you must supply original PUD name):* THE PARKLANDS TURD. 03-42 STREET ADDRESIzS OR LOCATION:* 14041 BONITA BEACH ROAD SDPJSIP; (required for Insubstantial change): NIA CITE': NAPLES ZIP: DETAILED DESCR' IFRON OF PROJLCT OR PROPOSED WORK:* NOTICE OF CHANGE TO DRI (COMPANION I i FM TO PUD AMENDMENT (FROM PUD TO RPUD)) Additional Information For Pre-Application Meeting, please bring the following items: • Signed and Verified Addressing &.--cldist (allow 3 clays for processing) • $500 Pre- Application Meeting Fee • $75 Fire Review Pre -App Fee For AnaGcation Submittal Review: • Submittal Ciecldist must be attached to the application package • All items in the p "ge mua, be SubTiii.ed in the exact order of the checklist Cover page must be attached to each group of items We will contact you with the scheduled time and person you will be meeting with. 7/24/2012 Item 8.A. r?ese[AmKax Subject: Pre -App Meeting - PL- 2010 -1550 Location: Conference Room "C" Start: Wed 9/812010 1:15 PM End: Wed 91812010 2:15 PM Show Time As: Tentative Recurrence: {n,ona) Meeting Status: Not yet responded Organizer, CDS-C Revired A&andeess-, : DeselemKay; st-- phaniek= rr!,,ehr?enr,.com; ashton�h; Auce— irc-laudine; beard_f; BradfordAlison; Brown ;raqueSummer, CailisCraig; chrzanowski s; DarcoChrisiopher, GreeneMichael; jarrefls; KurtzJerry; longer r, McKennaJack; PsuloMar6ns; PodczerwinskyJohn; RussoAnthony, Sawyer Michael; valera c; weeks d; wiEsy_r, liliiamsSteven When: Wednesday, September 08, 2010 1:15 PM -2:15 PM (GMT - 05:00) Eastern Time (US & Canada). Where: Conference Roam "C" Note: The GMT offset above does not r =_r "ect daylight saving time adjustments. 201c'ii}�7L�51Ci�� 201008_?71- �??'�5 8.pdf 0.pdf PLEASE READ ATTACH. KAY WILL GATHER MORE INFORMAL TION. Under Fbdda Lars. --mail addresses ata public re^..ords. F you do riot rant your a -:nait ad-dress rei oed in manse to a public- records request do rot send electrorde nal to this s,tily. IL�'e-ad. coma-- this office by telepha; m or i . w ithig. 1 Packet Page -90- NOTES a� N r O N d' N ti 7/24/2012 Item 8.A. MULHERE & ASSOCIATES, LLC PO Box 1367 Marco island, Florida 34146 dmulhere @gmall.com 239.825.9373 phone December 17, 2010 Kay Deselem, A1CP Principal Planner Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Attached DO Amendment Application for Parkland Collier DR[ Dear Ms. Deselem: Attached please find 10 copies of the Development Order Application for the Parklands Collier DRI Development Order, as well as the following supporting documents and other related items: 10 copies of Attachment "A" (Narrative description of the proposed changes and relevant issues); • The proposed Amended Development Order Document, with copies of Map H - existing and proposed; • 10 copies of the NOPC cover lever and application sent to the Southwest Florida Regional Planning Council (Dan Trescott) and to the Florida Department of Community Affairs (Ray Eubanks); • Original and copies (totaling 10) of a notarized aff- iidavit of ownership and authorization for Robert J. Mulhere and R. Bruce Anderson to act as agents for Parklands Associates 1, LLLP; • Original and copies (totaling 10) of a notarized Corporate Affidavit; 10 copies of letters related to determination of "Commencement of Significant Physical Development." • 10 copies of letters, email correspondence and other documents related to "tolling" and "Buildout Date." ® 10 copies of the pre -app notes; • 10 copies of the Addressing checklist; • Two copies of an email', rom Kay Deselem dated December 2, 2010, indicating that other documents and /or exhibits identified on the pre -app checklist as being required, but which are being submitted with the companion PUD Amendment application, need not be duplicated as part ofthis submission. These include: o Legal description o Ownership info o EIS /waiver o Survey o Aerial • TIS /waiver • School Impact Fee Analysis community planning i entidement & :and dev iopment services i lobbying I marketing ! business development I business =- sizegies ; public policy Packet Page -92- RN R N N O N N ti Kay Deselem, AICP December 17, 2010 Parklands Collier DRI DO Amendment Submittal Also, the required application fees for the DO amendment are included with those submitted for the PUD amendment Please do not hesitate to contact me should you require additional information or have any questions related to the proposed DO amendment. Sincerely, Roberti. Mulhere, FAICP President/CEO cc: Ray Eubanks, Plan Processing Administrator Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee FL 32300 -2100 Kevin Ratterree, Vice President, GL Homes Richard Arkin, GL Homes R. Bruce Anderson, Roetzel and Andress, PA Robert Duane, AICP, Hole Mantes Audrey Vance, City Attorney, City of Bonita Springs (CD ROM) Alvin "Chip" Block, AICP, Lee County Community Development (CD ROM) 7/24/2012 Item 8.A. Cother County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION{ NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING IFOR (check one): ❑ ORl Application :a. Development Approval (DRI) :❑ ORI notice of Proposed Change (DOA) ❑ Other DRI Development Order Amendment (DOA) PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED I� APPLICANT INFORMATION APPLICANT(S) KEVIN RA► fERREE FIRM PARKLANDS ASSOCIATES L LLLP ADDRESS 1600 SAWGRASS CORP. PARKWAY, SUITE 400 CITY SUNRISE STATE FL ZIP 33323 TELEPHONE # (95A) 753 -1730. EXT. 2240 CELL. # FAX # E -MAIL ADDRESS: KEVIN RA t i ERREE(M- GLHOMES.COM 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 bene iciaries. ❑ (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. Packet Page -94- ;--4 ko W N 0 N N ti -4, Cot e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AGENT INFORMATION NAME OF AGENT ROBERT MULHERE. FAICP AND R. BRUCE ANDERSON FIRM RESPECTIVELY. MULHERE & ASSOCIATES. LLC AND ROETZEL & ANDRESS. PA ADDRESS MULHERE AND ASSCCIATES: PO BOX 1367 MARCO ISLAND FL. 34146 - ROETZEL & ADDRESS: 850 PARK SHORE DRIVE .TRIANON CENTRE, THIRD FLOOR NAPLES, FL 34103 CITY STATE ZIP TELEPHONE # MULHERE (239) 825 -9373 - ANDERSON (239) 649 -6200 CELL # FAX # ANDERSON (239- 261 -3659 E -MAIL ADDRESS: MULHERE: RJMULHEREC5-GMAIL.COM -ANDERSON: BANDERSONa- RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULA T IONS. E i PROPERTY INFORMATION I 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. SectioniTownship/Range Sec 9 /Township 48 S/Ranae 26 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #• Metes & Bounds Description: All of Section 9 Township 48 South Range 26 East, Collier County. Florida less and exceot the South 30 feet conveyed to Collier County in Official Records Book 484. Pace 533. Official Records Book 548. Page 881. and Official Records Book 548, Pa 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 Rance 26 East Collier County Florida Containing 642.239 acres, more or less. Size of property: ft. X ft. = Total Sq. Ft. 27.975,930 Acres 642.239 Address /general location of subject property: North of Immokalee Road. accessed via LOUan Boulevard Extension adiacent to the Lee /Collier boundary one mile south of Bonita Beach Road . 7/24/2012 Item 8.A. coffie-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONI I,4APLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 w.m.colliergov. net 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[Rangs Sec 15fTwnso 48 S /Range 26 E Lot: Block: Subdivision: Plat Book Page #: Property l.D. #: Metes & Bounds Description: All of Section 16 Township 48 South. Rance 26 East. Collier Countv. Florida excepting the West 80' thereof pursuant to the recordation of that certain Warranty Deed recorded in Official Record Book W52 Page 750. Packet Page -96- w,I f� _N N T- C:) N It N 1- CoMe "r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 ,nrvw.coiliergov.net DETAIL Or REQUEST Does the proposed action comply with the Collier County Growth Management Plan? ❑ Yes ❑ No If no, provide a written explanation. Has a public hearing been held on this property within the last year? ❑ Yes ® No If so, please provide a written explanation of the hearing. If this is a NOPC application, has any portion of the DRI been M SOLD and/or M 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 list of all previous actions on the subject site, beginning with the original DRUPUD approval and including all subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. Section 110.03.05.13.3 of the Land Development Code requires an applicant to remove their pubilic heating advG ""S:n? cirri /at af+ =r final ar ;`sort is taken by the Board of County Commissioners, Based on the Board's final action on this item, please remove all public hearina advertisinci siren (s) immediately ;;SCORDING OF DEVELOPER COMMITI -RENTS I 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 Cormitments 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. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Codier County 7/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT We /I, Parklands Associates l LLLP a Florida limited liability limited partnership being first duly sworn, depose and say that we /I 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/1 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 /I further authorize Where and Associates (Robert 1. Mulhere) and Roetzel & Andress (R. Bruce Anderson) to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Parklands Associates I, LLLP By: Parklands Genpar Corporation. General Partner By: Kevin Ratterree Vice President Typed or Printed Name of Owner -------------------------------- Signature of Property Owner Typed or Printed Name of Owner Packet Page -98- C^^ljjL4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net before me this 2 >� day of �95�E4tji6�' The foregoing instrument was acknowledged 201-4L, by��vi„/4Ti�F___E.E who is personally known to me or has produced as identification. Ml a� N State of Florida T- 0 County ofI-C=8 N d' N ti (Signature of No ary Public -State of Florida) tipef�i TEP.RY KAPLAN-LILLIAN 1 =•: r�Y COMMISSION R OD712050 ' R' EXPIRES Scptem6e- O8, 2011 •I' (4U71' '4'63 - ioridallotaryServiee.com COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 7/24/2012 Item 8.A. ther :.a4 -ty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 `nr m.colliergov.net AFFIDAVIT We /I, Parklands Associates J. LLLP a Florida limited liability limited partnership, being first duly sworn, depose and say that well 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. Well 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 Well further authorize Mulhere and Associates (Robert J. Mulhere) and [Roetzel & Andress (R. Bruce Anderson) to act as our /my representative in any matters regarding this Petition. Signature of property Owner Signature of Property Owner Parklands Associates L LLLP By' Parklands Genoar Corporation, General Partner By Kevin Rafterree Vice President Typed or Printed tha.me of Owner T,vped or Ppnted Name of Owner Th going instrument was acknowledged before me this ss- day of �Z'MI54t , 201 0 , by am /�'r Vrnl � 4! Tom' 'E who Is personally known to me or has produced State of Florida County of IF- 4'D+)4ve,� "•r,Y :Oivii ISSION # DC71205'1 l "XP;RFS Sep tember 06, 20 "1 '4rTr �;a -0 ? <; 'ic � �tICLrySzrvice.:am } as identification. (Sigrl�. re of/Notary Public - State of g'�' z' /Z-/— /'0-1/ (Print, Type, oi/Stamp Commissioned Name of Notary Public) Packet Page -100- N O N N ti CORPORATF. AFFIDAVIT �i STATE OF ` ) COUNTY OF /lI ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Joel Kau[, the Vi Cl- PfSi &� of MFV -GLOP, LLC, a Delaware corporation (the "Corporation "), together with Parklands Genpar Corporation, a Florida Corporation (the "Genpar Corporation), with the Corporation and Genpar Corporation being the General Partners of Parklands Associates 1, LLLP, a Florida limited liability limited partnership (the "Partnership "), who upon being duly sworn, deposes and says: I. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a t/ I Ca Pr'�Sic r& of the Corporation and the Corporation is the General Partner of the Partnership along with Genpar Corporation. 3. The Corporation and the Partnership were formed under the laws of the State of Delaware and are currently in good standing there tinder, and have not been dissolved. 4. The Genpar Corporation and Partnership are authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUD annual report, deviation, and/or variance application(s) submitted to Collier County, FURTHER AFRANT SAYE T H NAUGHT. MFV -GLGP, LLC, a Delaware corporation, the General Partner of Parklands Associa-s 1 LLLP Joel K ul, 1� C C� T" S ,')'PJ The fo egoing instrume;lt was sworn to, subscribed and acknowled ed before me this I LP day Of __�1'r' , 2010, by Joel Kau[, the ;IS! - of 1vIFV -GLGP, LLC, a Delaware corporation, the General Partner of Parklands Associates 1, LLLP, who is personally known to me or has produced r,')QYStKA,}u u'..� as identification - 1 ' [Notary Sear Xi- LJ 7/24/2012 Item 8.A. Co *r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colllergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of tha general and /or limited partners. Name and Address 96 of Ownershl Please see attached document. e. If there Is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terns involve additional parties, list all individuals or officers, if a corporation, paMwrshipr or trust. P.eAsed May2010 Name and Address Packet Page -102- The Parklands DRI DOA- PL20100001550 6/13/12 n� N r 0 N d' N ti Collier County Application for Public Hearing DRI APPLICATION FOR DEVELOPMENT APPROVAL (DRI) DRI NOTICE OF PROPOSED CHANGE (DOA) Property Information d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. PARKLANDS ASSOCIATES I, LLLP Percentage of Ownership General Partners: Parklands Genpar Corporation, a Florida corporation 1% • 100% Subsidiary of affiliate of GI Homes MFV -GLGP, LLC, a Delaware corporation 1% • 100% Subsidiary of MFV -GLLP, LLC Limited Partners: Parklands Limpar, LLC, a Florida limited liability company 49% • 100% Subsidiary of affiliate of GI Homes 6358380_1 MFV -GLLP, LLC, a Delaware limited liability company 49% • 100% Subsidiary of VO 2010, LLC (a venture between affiliates of Varde Partners and Mountain Real Estate Capital) The Parklands DRI DOA- PL20100001550 6/13/12 �t COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION caihe-r County 7/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net DRI, DOA SUBMITTAL CHECKLIST, THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WFCOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBiTTALS WILL NOT BE ACCEPTED. REQUIREMENTS � 110 F COPIES 2— {UiRcD !jOT ED ;EQUIR ddiiional set if located in the BayshorelGateway Triangle ❑ Redevelo ment Area ompleted Collier County Public Hearing Application I ❑ Q Pre - application meeting notes I ❑ Site plan 24" x 36" and One 8 %Z" x 11° copy, and one jpg copy (from • +' �/ �J ❑ DR[ Develo ment Order ,,Completed State NOPC Form with all attachments (if amendment) I J I ❑ Completed State ADA Form vifth all attachments (if original DRi) [[[� I ( J Draft DR[ Development Order to address proposed change Legal Description List identifying Owner & all parties of corporation ( 2 2 Owner /Agent Afitdavit signed & sealed i 2 ❑ Completed Addressing checklist (no older than 6 months) 2 ( ❑ Copies of Notices sent to DCA and RPC 2 Environmental Impact Statement (EIS) and digiiailelectronic copy of 3 I ❑ f'0' �, EIS or exemption justification 4 ❑ Survey signed & sealed (no older d7an 6 months) Traffic Impact Statement (TIS) or waNrer 5 ❑ i Aerial photographs (taken within the previous 12 months min scaled S 1 °= 200'), shovAng FLUFCS Codes, Legend, � te s and project bounda L! Electronic copy of all documents in Word format (CD-ROM or 3 ! I Diskette El Project Narradve ( ❑ Affidavit, signed and notarized 2 School Impact Analysis Application - residential projects only 2 (download tie School Impact Analysis Application from website) SCHOOL COf r- UFZP.ENCy - 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 concurrancy requirements. Packet Page -104- N N O N d' N t` & ASSOCIATES, LLC PO Box 1367 Marco Island, Florida 34146 rjmWhere@t gmail.com 239 225.9373 phone December 17, 2010 Daniel L. Trescott, Planning Manager Southwest Florida Regional Planning Council 1926 Victoria Ave. Fort Myers, FL 33901 Re: Attached NOPC Application for Parkland Collier DR] Dear Mr. Trescott: Attached please find two copies of the NOPC application for the Parklands Collier DRI, as well as the following supporting documents and other related items: • The proposed Amended Development Order Document, with copies of Map H - existing and proposed; • Attachment "A" (Narrative description of the proposed changes and relevant issues); • A copy of an notarized affidavit (as required by Collier County) of ownership and authorization for Robert J. Mulhere and R. Bruce Anderson to act as agents for Parklands Associates 1, LLL P. • A copy of a notarized Corporate Affidavit; • A copy of the Collier County form providing Corporate Ownership Strjcture; Letters related to determination of "Commencement of Sianificant Physical Development": • Letters, email correspondence and other documents related to "tolling" and "Buildout Date "; • A check made out to the Southwest Florida Regional Planning Council in the amount of $2,500.00 for the required application fee. As we have discussed in several meetings and subsequent telephone conversations, we believe that proposed changes do not constitute a Substantial Deviation and trust that after review of the above, stuff will concur. Please do not hesitate to contact me should you require additional information or have any questions related to the proposed DO amendments. Sincerely, RgEanrt J_ Mulhera FAICP President /CEO CC. Ray Eubanks, Plan Processing Administrator Florida Department of Community Affai 2555 Shumard Oak Boulevard, Tallahassee FL 32300 -2100 Kevin Ratterree, Vice President, GL Homes Richard Arkin, GL Homes R. Bruce Andersen, Roetzei and Andress, PA Bob Duane, AICP, Hole iviontes community planning . enticlemenc & land d>_velopme : services lobbying marketing business development business sc -at=_.vies public policy _.__._?. .. �+t. � _.�r�i'r-��.��.s. .. _ . -_ >: �.�s -i'.. _iv..�aa�ls�.•r iF ��.�*.��_��-s'3's- �.?�=?4m'-j"'°"s -s= -:.�._ +._.— :.3i�Y3 7/24/2012 Item 8.A. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488 -4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL UN11PACT (DR!) 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, Kevin Ratterree, the undersigned !authorized representative of Parklands Associates 1. LLLP. a Florida limited liabili i limited nartnershia, 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 Parklands Collier 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 Collier County, to the Southwest Florida Regional Plannina Council and to the Bureau of Local Planning, Department of Community Affairs. /�L ! p Date Parklands Associates I, LLLP By: Parklands Genpar Corporation, General Partner By: Kevin Ratterree, Vice President 1 Packet Page -106- Signature NOPC FORAM I� N 0 N d' N ti 2. Applicant (name, address, phone). Kevin Ratterree Parklands Associates I, LLLP 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, FL 33323 Tel: (954) 753 -1730, EXT. 2240 Email: kevin.ratterreera,:6lhomes.com 3. Authorized Agent (name, address, phone). Robert J. Mulhere, FAICP Mulhere & Associates, LLC PO Boa 1367 Marco Island, Fl 34146 Tel: (239) 825 -9373 Email: rimulhere(ucgmail.com 4. Location (City, County, Township/Range /Section) of approved DRI and proposed change. Co ier County, Section 9, Township 48 S, Range 26 E 5. Provide a complete description of the proposed change. Include any proposed changes to tie 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 maybe requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. See attached Exhibit "A" and Revised Map "II" 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. The DRI includes only a single DRI land use type, residential development (single and multi- family), which is being decreased from a maximum of 1603 units to a maximum of 850 units. The Substantial Deviation Chart for that use is provided below. 11 NOPC FORM. 7/24/2012 Item 8.A. Type .. Proposed Originat Previous DO Change and', ond* 16 Ctisageategnry : : Ptais FL�Fe Bate # Dwelling Units 850 1603 See attached Exhibit "A" single & single & Resolution 03-302 Type of Dwelling Units multi- family multi- family September 9`h 2003 # of lots N/A N/A N/A Acreage, including Resolution 03-302 drainage, ROW, 642.3* 635.2 September 9"' 2003 easements, etc Residential Site Locational I N/A N/A N/A Changes 721 PM Peak 1,056 PM Resolution 03-302 # External vehicle trips Hour Peak Hour September 9`h 2003 Resolution 03-302 DO Conditions ** NIA N/A September 9th 2003 466.5 acres 283.5 NIA Acreage I (72.6 %) (44.1%) Site Locational N/A NIA NIA Changes Open Space See Preserve See Preserve N/A Type of Open Space below below D.O Conditions NIA N/A N/A ADA Representations N/A ` NIA N/A Preserve 340 acres 158 acres NIA * Additional 7 acres is result of lands within the project dedicated to Collier County and subsequently returned to the developer by Collier County ** The DO conditions have been revised to reflect new dates/schedules for completion where applicable, but otherwise remain in force. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of al modifications or amendments to the originally approved D 1 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 Deter=,ation Chart). Has there been a change in local government jurisdiction for any portion of the development since &ie Iast approval or development order was issu,ed? if so, has the annexing local government adopted a new DRI development order for the project? NOPC FORM Packet Page -108- N N 0 N N ti All previous DO amendments are listed with a brief description of each amendment on attached Exhibit "A". Copies of the DO resolutions are provided as well. There has been no change in local jurisdiction. 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 %2 mile on a project master site plan or other map. An affiliate of the applicant, G.L. Homes of Naples Associates H, Ltd., is the owner and developer of Section 16, directly south of the subject property. This property is zoned for residential development (850 units) under a Planned Unit Development (PUD)- 9. 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. The proposed changes include the following: 1) Reduction of allowable maximum density from 1,603 dwelling units to 850 dwelling units, a reduction of nearly fifty percent, with commensurate reduction in traffic impacts. 2) An increase in the on -site preservation amount from 158 +/- acres to 341 acres, an increase of 183 acres or more than 100 percent, with commensurate reduction in wetland impacts. 3) Changing the buildout date to reflect statutory tolling be-cause of ensironmentabe-cause permitting litigation and allowable statutory and local government allowances and extensions. The new buildout date is January 23, 2022. 4) Various other housekeeping related changes The change is less than 40% (as it significantly reduces dwelling units and impacts). Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2 F.S. YES X NO Subparagraph 380.06(19)(e)2 F.S reads as follows: Except for a development order rendered pursuant to subsection (22) or subsection (25), a proposed change to a development order that individually or cumulatively with any previous change is less than any numerical criterion contained in subparagraphs (b)1. -I3. and does not exceed any other criterion, or that involves an extension of the buddout date of a development, or any phase thereof, of less than 5 years is not subject to the public hearing requirements of subparagraph 0 j3., and is not subject to a determination pursuant to subparagraph (05. Notice of the proposed change shall be trade to the regional planning council and the state land planning agency: Such notice shall include a description of previous individual changes made to the development, including changes previously approved by rd NOFC F GRM 7/24/2012 Item 8.A. the local government, and shall include appropriate amendments to the development order. 10. 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. The existing recognized buildout date is 12/17/2016. The Applicant requests additional recognition of the tolling provisions of Section 380.06(19)(c) and the Development Order to be amended. Said section states in pertinent part, "For purposes of calculating when a buildout or phase date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits." On June 1, 2006 a challenge was filed in Federal District Court to the permit for the Parklands proposed to be issued by the U.S. Army Corps of Engineers (ACOE). The challenge was eventually remanded back to the ACOE for the Property Owner Developer to modify its permit application. The modified permit application was filed and the proposed issuance of the modified permit was challenged. Finally, on July 6, 2010 a settlement agreement was reached and the Court dismissed the permit challenge. The time period that was tolled from June 1, 2006 to July 6, 2010 is four (4) years, one (1) month and six (6) days. Accordingly, the tolled buildout date is January 23, 2021. Attached as Exhibit "li" are the Court Docket sheets for the permit challenges. The Applicant separately seeks a one year extension of the tolled buildout date to January 23, 2022. The Collier Parklands DRI was previously extended for four years Am in 1993. Under Section 380.06(19)(c) a buildout date extension of five years or less is not a substantial deviation, which leaves the Applicant with the right to seek a one (1) year extension which considered cumulatively with the 1993 extension of four years is not a substantial deviation. No phasing is proposed. 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 3$0.06(10, F.S., and 9J- 2.025, Florida Administrative rode: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DFJ or development order conditions. Provided, see revised Map H. 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: NOPC FORM 5 Packet Page -110- 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, greenbelts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Provided, see attached draft DO Amendment Ordinance with strike -thre Q (proposed to be deleted) and underlined (proposed to be added) text. ao E b. An updated legal description of the property, if any project acreage is/has been a) added or deleted to the previously approved plan of development; N o All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, ess N and except the South 30 feet conveyed to Collier County in Official Records Book N 484, Page 533, Official Records Book 548, Page 881, and Official Records Book ti 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. C. A proposed amended development order deadline for commencing physical r at 7 i, x if ay.r�iir�1�1P development of U.ie prvpv3� There is no proposal to extend the deadline for commencing physical development. Since it has been determined that this has already occurred, the deadline for commencing physical development is proposed to be eliminated. Copies of determination letters stating that significant physical development has commenced from Dan Trescott (SV;FRPC DRI Coordinator) and Marjorie Student (Collier County Assistant County Attorney) dated February 23, 2004 and February 27, 2004, respectively, are attached as Exhibit "C". d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed date is January 23, 2027 to allow sufficient time after buildout to complete the development. 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 termination date is January 23, 2027. £ 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 9J -2.025 (7), F.A.C. T/1T� NOPC FORM 7/24/2012 Item 8.A. l his iequi— rement is provided and E erna;nc unchanged. NCPC FORIM 7 Packet Page -112- N 0 N N ti SIXTH AMENDMENT TO DEVELOPMENT ORDER 85 -4, AS AMENDED, OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE PART LANDS PLANNED UNIT DEVELOPMENT OF REGIONAL IMPACT LOCATED IN SECTION 9 TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 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 DIU 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 (SWFR.PQ 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 of Florida Statues; and 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 and 7/24/2012 Item 8.A. WHEREAS, on , 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 , the Board of County Commissioners passed Ordinance , amending the RPUD Document for the Parklands DRI; and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Land Development Code have been satisfied; and WHEREAS, the Board of County Commissioners, having determined that the proposed Sixth Amendment does not constitute a substantial deviation requiring furrher development of regional impact review, hereby makes the following Findings of Fact and Conclusions of Law: FIlNIDINCS OF FACT That the real property which is the subject of the proposed D0- -Sixth Amendment is legally described as set forth in the Residential Planned Unit Development (RPUDI Document for the Parklands DRI D44bit A, the N ,T Unit n , ent ( Dee t f the Pa- Tdra=ds which is attached hereto as Exhibit A and by reference made a part thereof. 2 The Aapplication is in accordance with Section, 380.06(b), Florida Statutes. 3 The Applicant submitted to the County anthe Application for DGt.he proposed Sixth Amendment along with a companion application to amend the 12 -- --1 a°' III ._.RPUD Document for the Parklands DRI. 4 The applicant proposes the development of The Parklands Planned Unit Development, for 642.33? acres; 1;93 850 residential (single and multi - family) units on approximately 331.7 115 acres at a density of 24 1.33 units per acre; recreation open space (approximately 310.5 466.5 acres) including 341.2 acres of on -site preserve. whieh A411 jne�--je a gekc eeuEse and' erl�b (a7pffe lat5ly 119.3 EefeS)- a 7-25 Geun4j- - Park sita, a fifteen (15) acre school site, gean Is central water and sewage facilities, and the required rights -of -way and/or roads. Draft 6th DO Amendment, 11 -18 -10 Words underlined are added; word s^ - -e'� ' -- h are deleted Page 2 of 29 Packet Page -114- i ;q N N O N N ti '- Ln rye- . ilr � t 9e t� -emeess of + , +'- � is dam^ by 1. 66 7 units. �-Al =� ats- ��Trcrt-- 5 T hE+ T1PVPlnnmant ig cnncictPnt with the rennt t anti recommendmions of the SWFRFC r-- --_. submitted pursuant to Subsection 380.06 (11), Florida Statutes. 6 The development will not unreasonably interfere with the achievement of the objectives of the adopted St.,= Land Development Plan applicable to the area 7 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. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on that the sixth DO Amendment to the Parklands Collier DRI, DO 85 -4,as amended, 10, 199-5 that + the PevalapimeiA er' Re ' _ 'ieat —1 n - - , : , is hereby approved subject to the following Conditions: Draft 61h DO Amendment, I i -18 -10 Words underlined are added; word -� °T ^v B"r dire-agEh are deleted Page 3 of 29 S;n& Fe---aUy ms's T A ul N L amm;.Ly D s Ell T T� f '- Ln rye- . ilr � t 9e t� -emeess of + , +'- � is dam^ by 1. 66 7 units. �-Al =� ats- ��Trcrt-- 5 T hE+ T1PVPlnnmant ig cnncictPnt with the rennt t anti recommendmions of the SWFRFC r-- --_. submitted pursuant to Subsection 380.06 (11), Florida Statutes. 6 The development will not unreasonably interfere with the achievement of the objectives of the adopted St.,= Land Development Plan applicable to the area 7 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. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled on that the sixth DO Amendment to the Parklands Collier DRI, DO 85 -4,as amended, 10, 199-5 that + the PevalapimeiA er' Re ' _ 'ieat —1 n - - , : , is hereby approved subject to the following Conditions: Draft 61h DO Amendment, I i -18 -10 Words underlined are added; word -� °T ^v B"r dire-agEh are deleted Page 3 of 29 7/24/2012 Item 8.A. Section A. The following conditions as recommended by the SWFRPC or in response to their recommendation are hereby adopted as conditions of approval of this Development Order: 2. EDUCATION: According to SWFRPC's estimates of students added by the Parklands to the school system and the cost for required school construction SWFRPC recommends that the applicant 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 dedicated to the Collier County School Board, pe rpe -a&e-- ached -�a ' b— - accordance with the RPUD Document attached hereto as Exhibit A. 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. 4. FIRE PROTECTION: The project is proposed as a single community. However, fire protection services are currently provided by two independent districts, located in separate counties. IR „ya °r to e e Geuiat- J� he piepe is *,.a •�t..:r *- --'Ne. t, T.T�t5-5 d c c iir- Fire c8BATel -Dislr-ie ,3pense t ne is-- cs`ciffieate'd te -- Ah Napier, Fke - hie ; jam—s le-.ies has pl:eteetien -tt, LAffe pap!42ads Chief lanes eggffiateq Aill erea:�-- - a need f a :+: ..T _tF addisena'. - Fennel. the — epp1jeant sl}a l mitiga +e—the - -eJ-eevs F,egaliv-e fitseal iBipae-t by -fe fib a Lit t , --R9- ef -rte- ,� V f ide 2 + 4ea sen.,iees te-the prvjeet and -si-Lr eandin ac° 4istrir - as EletefmLned L the leeal ga�,-e ent ead the jai' dis:Liet—T T2-'le — ?Tap F r' +r -Pis jet- s4euild ee . "YT-zt�cov-iry Fife Gcea- 6- el and Rescue zva =cc to 93 ma1: -rt —a T'speilse poli., + by the Nefth Naples &tFie4 a phases Condition: The developer shall 4enate4nake Gash pa5tmeas te t=Z e Ne Naples +_ L + . , h pef r'.i`rb J u. S e GenwL-01 Di + ' t iz a en August 14, T 995pay EMS impact fees in Draft 6th DO Amendment, I 1 -1 8-10 Words underlined are added; word s«,- . gifeu are deleted Page 4 of 24 Packet Page -116- accordance with the requirements of the Collier County Code of Ordinances. 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. Q The fiscal impact analysis indicates that in the first year of the Lee County ep portion of the project, "The Parklands" will yield negative net fiscal E impacts on both the Lee County government and the school board operating budgets. In the first three years of the Collier County portion of N 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 Neach year thereafter, "The Parklands" will deliver a positive net fiscal impact on the operating budgets of Lee County government and both counties' school boards. The impact on the Collier County government, however, will be negative for all years. The applicant 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 portion; and to require the dedication of p' viiv fav'iiiiivv tv .rier:re iu °v pvp'uiu on :;itcua'n }ii'v Yrv� °vrl. Conditions: The applicant has agreed tn dedie---4e -a paek ske to the Count), er pey en*__ _ lieu th _ ; provide a fifteen acre a school site to the School Board, or payment in lieu thereof; donate money to the Fire District; and provide required rights -of -way and construct Logan Boulevard 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 constructed at no cost to the County and, once connected to Bonita Beach Road, and will result in a regional transportation improvement. Construction of the Logan Boulevard Extension coupled with the applicable impact fee payments, will address the project's anticipated transportation impacts. All of these should mitigate the project's fiscal impacts. 9. TRANSPORTATION: The Parklands DRI site is currently accessible enly by a gravel road on the north border in Lee County and frown the south via the vartially improved Loran Boulevard Extension from Immokalee Road. Development of the DRI will require paving and extension of the Logan Boulevard Extension from its present terminus to the project entrance. Although not necessary to mitigate the transRortation impacts of the Parklands DRI. the developer shall also Draft 6th DO Amendment, 1 I -18 -10 Words underlined are added, word st ".' -q;--O are deleted Page 5 of 29 7/24/2012 Item 8.A. pave and extend the Logan Boulevard Extension from the project entrance to Bonita Beach Road as provided in the RPUD Document attached hereto as Exhibit A 4 aeaessT^ the site fy-efa the and South; and pfe4siefl of r-eadway ti rt pr- e- =Fide 6 t,$ --Imme ee n,..,.t :.., r' 11' G nyy Conditions: he-tei-g net -e� FEal + 't Fi fat -ate is tu' i '+ d t 1,096 cc� + tL Tr A! Table B - L n Of the Fij-digsef Fa;et See-li-en ef °iccc Dee'L-RrzA a? 6B45- �•p iz the eumrdll +' t -4'.'n .T t ,T i n« yehi,,te_+i ixcc zzx c. a. The developer shall construct a two (2) lane road, known as the Logan Boulevard Extension, 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 roadway may be constructed based on one or more phases including but not limited to the extension of Logan Boulevard 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 25% of authorized dwelling units. Phase II construction shall be completed within 12 months of commencement, unless an extension is approved by County Manager or his designee for good cause r began Baulevard E)EIte t «�i, 4 i 'T,'t b. If right -of -way acquisition/dedication and/or road construction obligations which are imposed by this development order cannot be accommodated because of environmental permitting, water management, hazardous waste, archeological or other considerations relating to the nature of the proposed alignment, publicly approved and functionally equivalent alternatives which do not increase the Parklands right -of -way donation andior road construction obligation may be substituted however, a Notice of Proposed Change pursuant to Chapter 380.06, Florida Statutes shall be required. t Draft 6th DO Amendment, I 1- 18-10 Words underlined are added, word -- are deleted Page 6 of 29 Packet Page -118- 4 r N r O N N ti lb. AA the 6--ae 4 + r / '+ + E 1 t 1 vz � rr l+ of the 1 _ ..+v? l -s- I —ed '� epefefing .••L, 1 +1, � � - ,1.,x.7 the e. ---IieafA shaR beceme eblig4ed te pay its t,...t. ..,.......... _ the ee4 of :the tetal prRii 2zzz°$`�5 iiPF��S +�: +l e a +,7TnSnnt l.le.,e r+ Lt .3 5 vu i (1) 7,,,,,.,., rr D d �' + D ('D 951 Inimeisge Read ' 7 L 7 f�ein (Z) T 1 ---4e D...,.7 &ef (1 1 B ,i + A' Yt Read. (A\ D 1 1 .1 +i, T {- jF}FrF3Sfi -�-ca +(1 (5) D 1 7 A aceess read D l .7 Ft 1 ,3 :_ . WWII r „l„t (3)ia-.-- T� - ad a-- 4 Q ,4) knaiellialee Read and 1 75; Draft 6th DO Amendment, 11 -18 -10 Words tmderlined are added; word stpue-k + sesgZ are deleted Page 7 of 29 7/24/2012 Item 8.A. The DLN, 6 + e�e—�d -�E� at ev c a _of #fit—g se-- F& 1..,,. SU Y J. . .....E. s r..,.,..........be . + �- _ + +L phase, including Gnee D e 4 b r . ,+ Tetter_ f ,, •+ + .+ e, ber.E , ez6 1 r .r -.+b, T 4 0 + 1 + b e the needed impifavenie:A by the a,.-e+'eY ffiEk�Rg i . Z-r� :Es)j-. _paj -- + f the ;ra} r__ -i=ce- 1,., Fe �. e t Flea 1 Dj' ^rte yu r1, fustaef}teFinb xepcait ssha4be s bmi r FOE The D 1.1 1 D .-t i, 1-1 -b � t plis report sr—all inelude +. rte^ m{[ 1 El-,dajr 2, t- (,) r v t read a rev 951 (Cagier _ G„ �' (4) T L 1 Read afid 175 nett__ G +. . Draft 6th DO Amendment, I 1 8 - 8 -10 Words underlined are added; worth are delete Page 8 of 29 Packet Page -120- 9--- N r O N d' N ti (5) hamekal dread and T ' ggst Read (G il;e« Ge nty)e ,iO,. Y epj3�ezval fk r � err each st i + the CeRier- k + TAD(/ aaa." -ep rt �E je +ion �..; ++,-ate +1._g e - pleat e � EsxoxLr-ex �E, ••"' Bf that -phase, -eft 3the -£@'a xrs+ - a apa Y (1) , a l t plat rr l e f-a.. . ,1,3i4ei..,1 Phase s 11 + b.e gFai.ted , n4l the fidF shiffe -rcq ked ie'f the -pre ee: iBeluding the all./' +;, .,l j9hase, all r p.=evieusly dj:j_- haj,e beef —pajd 9 a pFePesed ph, a ,sW ea ah 'a4 have the f d 1.,yiag, ,1e.'ele Yn ar+ e-r" the r -er ., e ea J a phase u-a4l Acaii-a ee=;T nay= u-=54 - aeffi respeas,r'�'- c.h The developer's satisfaction of its obligations under Section A.9 and Section E.3. of the Developmeut 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($), Florida Statutes, and is exempt ftom amy related moratoria. AIrTERNATIVES: a. r-nnact Fees and/or Assessments: if an irnpact 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 RP UD 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 types of improvements (State, Regional or local.) addressed by said impact fee and/or assessment. Any such payments made for said Draft 6th DO Amendment, 11 -18 -14 Words underlined are added; ~word stm& are deleted Page 9 of 29 7/24/2012 Item 8.A. 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 State agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by State 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. WASTEWATER h GAQ€A4LZNT-- The appkeaE& prepesed �e speeige i n+;, of +i,° 1-'.'4;. fids 4as st bee 'xde YT 1- Geadita .-- The -spesiFe 18eazen at' the I±L-1 • -.g at thee + appliez,49a t ... et c WO feet sepaFE4eEi Hi =eqaii-ed- be-�,A-eea the - proposed -pen& and suEfiiee -meter m.-Tragemeiit --ys'vleiia. - 10. NIA% TER SUPPLY: Tie eptieas aTe ua4e7 eensi4eratien f — Tthe water supply for this proposed project will be �rovzded via the extension of an existing 16 water ruin on Logan Boulevard. They are 4' -- ,Aith&awing fmin Zone 1 G, *,e Banka rte" the -Lee LVu ' e. e— erasite -w � iek� «;;7 eEn the T : Z e r n qui�e t_at ai._ T -- !�,...- --A 0,.....4t, CE)Ci..+r7. �.+• Draft 6th DO Amendment, I I -I8 -I0 Words underlined are added, word stpaek gLreugh are deleted Page 10 of 29 Packet Page -122- stet is used t u,! b. In the all eve-at f the ,. +eWe de ,7 vthe r gi az- vrpZrc"� -e �°c-�— ucvazcrco«cj —o cizi7 E 4�:ro^e@3sen,i n &4aes x1..,11 be kiss ge.i in all new, . .,,.+...,,..t ea, N p III LEAPFROG DEVELOPMENT: The proposed project constitutes N development in an area which is within the major growth areas of N 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 sere ices. 12:21. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous commitments were made by the applicant 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 applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific c£-onditions for project approval outlined above are officially adopted as Cconditions for approval. An amended ! M-'.an and-RPUD Document and Master Plan are dated 2s attached hereto as Exhibit A and Exhibit B. respectively, and by reference incorporated herein as part of this amended development order. b. The developer shall submit an annual report on the development of regional 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 3$0.06(18), Florida Statutes. Draft 6th DO Amendment, I I -18 -10 Words underlined are added; word s' uc c. t : �gh are deleted Page I I of 29 Err. 1111erm stet is used t u,! b. In the all eve-at f the ,. +eWe de ,7 vthe r gi az- vrpZrc"� -e �°c-�— ucvazcrco«cj —o cizi7 E 4�:ro^e@3sen,i n &4aes x1..,11 be kiss ge.i in all new, . .,,.+...,,..t ea, N p III LEAPFROG DEVELOPMENT: The proposed project constitutes N development in an area which is within the major growth areas of N 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 sere ices. 12:21. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous commitments were made by the applicant 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 applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific c£-onditions for project approval outlined above are officially adopted as Cconditions for approval. An amended ! M-'.an and-RPUD Document and Master Plan are dated 2s attached hereto as Exhibit A and Exhibit B. respectively, and by reference incorporated herein as part of this amended development order. b. The developer shall submit an annual report on the development of regional 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 3$0.06(18), Florida Statutes. Draft 6th DO Amendment, I I -18 -10 Words underlined are added; word s' uc c. t : �gh are deleted Page I I of 29 7/24/2012 Item 8.A. Section B. Commitments specified in the RPUD Document 9anee as set forth in Exhibit A, attached hereto and by reference made a part hereof are hereby adopted as conditions of approval of this Development Order as follows: 1. WATER MANAGEMENT, LAKES, AND ENGINEERING: s E-iteept — as - sgeeer-eiB; this gee: all aces — in effenat at the gme AnA ee;--- tr—uetier, ddEi£:ffn—ents --e submitted- fer- -f . , l _ IN I _ i ea. Prior to final SDP approval, right -of -way permits shall be required, as applicable. d7-b. No construction permits shall be issued unless and until approval of said plans is granted by the County Manager or his designee. e. C. If applicable, an excavation permit will be required for the proposed lakes in accordance with the LDC. 4d. Lake Setbacks: (1) All lake setbacks shall be measured from the maintenaaee easemeL4control elevation. (2) There is no required setback to any internal property line or tract line for the Parklands RRU¢ RL except as required in the LDC for jurisdictional wetlands. (3) The minimum setback to any internal right -of -way, or road access easement shall be twenty (20) feet. (4) The minimum setback to right -of -way, road access easement, or external property line, including those adjacent to the Logan Boulevard Extension, may be twenty (20) feet if the right -of -way roadway access easement, or extemal property line is properly protected in the vicinity of the lake. Lakes may be excavated to a depth of twenty (20) feet, or deeper, if permitted by SFWMD. The County shall administratively and expeditiously review and permit the lake configuration Draft bth DO Amendment, 11-19-10 Words underlined are added; word h.-- g are deleted Page 12 of 29 Packet Page -124- i N 0 N N 1` excavations depicted on the RPUD master plan and give consideration to , ' deeper lakes (in accordance with SFWMD requirements) so as to mfflEimize -die- -aunt- of on site - fill - that —eaa be germs .e c =- {- ieminimize haulina of imported fill for the Qroiect needs and construction of the Logan Boulevard Extensio `.. . 1,, f.Lake Slopes: Upon the approval of the Engineering Service Department Director, slope reduction shall be allowed for a maximum of 40% of the lake perimeter where vertical bulkheads, rock walls, rip rap and other slope protection measures are provided. Compensating littoral zones shall be provided where slope reduction is used on the lake perimeter. No compensating littoral zones shall be required where slope reduction measures are used on islands within the lakes. 2. EIvVIRO'NNIENTAL CONSIDERATIONS: a. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and, Code Enforcement Department shall be notified. Development will be suspended for a sufficient length of time to enable the Code Enforcement Department, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. b. Environmental permitting shall be in accordance with the State of Florida environmental Resource Permit (ERP) Rules and :tether subject to any review and approval pursuant to the LDC by Collier County Planning Department Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to jurisdictional wetlands. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands except where natural buffers are not possible, or not feasible, as determ- med by Environmental Services Staff. In this Draft 6th DO Amendment, I 1 -18 -1© Words underlined are added, word st-ask t4rauo are deleted Page 13 of 29 7/24/2012 Item 8.A. event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) rules and shall be subject to review and approval by e County Manager or his designee. d. An exotic vegetation removal, monitoring and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to the County manaser or his designee for review and approval prior to any final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - referenced plan. e, 1 his development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Services (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on -site. Should the environmental analysis of the site indicate the presence of, or critical habitat for, protected species, a Habitat Management Plan for these protected species shall be submitted to Senr ees gtaff the County Manazer or his designee for review and approval. f. All conservation areas shall be designated as conservation or preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants in accordance with Section 704.06 of Florida Statutes. 3. TRANSPORTATION: a. All traffic control devices and design criteria used shall be in accordance with the minimum, standards as amended and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes — Chapter 316, Uniform Traffic Control Law. b. All traffic speed limit postings shall be in accordance with the minimum standards as amended and as adopted by the FDOT, as required by Florida Statutes — Chapter 316, the Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress to the woiect Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). Draft 6th DO Amendment, 11 -18 -10 Words underlined are added; word --� ^'ugh are deleted Pagge 14 of 29 Packet Page -126- d. If a gate is proposed at any and/or all development entrance(s) the gate or gates shall be designed so as not to cause vehicles to be backed -up onto any and all adjacent roadways. To ensure this condition, the following shall be the minimum requirements provided: £ Road impact fees will be paid in accordance with Collier County Ordinance 01 -13. as amended. subject to impact fee credits as provided in Section B.3 below. in eff� e: at -+-6e gme e- f-issacrccvr g- Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. IL Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and L DC, as amended. Median access and control will rernain under Collier County Transportation Staff authority. Collier County Draft 6th DO Amendment, 11 -18 -I0 Words underlined are added; word atu &Fctigh are deleted Page 15 of 29 (1) The minimum throat depth from the nearest intersecting roadway edge of payment shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). Q (2) A turn - around area of sufficient widkrh and inside turning op radii shall be provided between the key pad/phone box and E the proposed gate(s). N =J e. External and internal improvements determined by the Collier N County Transportation Staff to be essential to the safe ingress and o egress to the development shall not be considered for impact fee N credits. All such improvements shall be in place prior to the N issuance of the first permanent certificate of occuDaney for an authorized residential dwelling unit E9, unless a phased construction schedule is approved. Public use of Logan Boulevard Extension is prohibited until the roadway improvements are completed, the roadway has been inspected by the County, and County has granted preliminarily acceptance of the roadway. The road'way rmsy be ^o;w uvt�°n`ti based on one or more bases including but not limited to the extension of Logan Boulevard uD to the Droiect entrance as Phase I. Phase II construction to Bonita Beach Road shall commence Drior to receipt of certificates of occupancy for 25% of authorized dwelling units. Phase II construction shall be completed within 12 months of commencement unless an extension is approved by County Manager or his designee for good cause. £ Road impact fees will be paid in accordance with Collier County Ordinance 01 -13. as amended. subject to impact fee credits as provided in Section B.3 below. in eff� e: at -+-6e gme e- f-issacrccvr g- Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. IL Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and L DC, as amended. Median access and control will rernain under Collier County Transportation Staff authority. Collier County Draft 6th DO Amendment, 11 -18 -I0 Words underlined are added; word atu &Fctigh are deleted Page 15 of 29 7/24/2012 Item 8.A. Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues, and roadway capacity problems. i. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successors) in title, or assignee(s). j. The development shall be designated to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with the RPUD Document attached hereto as Exhibit A and recognized standards and safe practices as determined by Collier County Transportation Staff. k. The developer(s), its successor(s) in title, or assignee(s) shall be responsible for the cost of any and all traffic signal(s), at any and all development entrances) along the Logan Boulevard Extension located within the Parklands ^- DDRI project and at the intersection of the Logan Boulevard Extension at lmmokalee Road when determined warranted and approved by the Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum -in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for o °.vnership) to Collier County, and shall then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s) from any and all other neighboring property owner(s), that directly benefit from said traffic signal(s), shall be determined based upon percentage of usage/impact- The developer shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said tum. lane improvernent(s), whether left turn lane(s) and/or right -of -way and/or compensating right -of -way, Draft 6th DO Amendment, -1 1 -18 -10 Words underlined are added, word str..L uo are deleted Page 16 of 24 Packet Page -128- N N T- O N d' N ti shall be provided in conjunction with said improvement(s), as determined by the Collier County Transportation Staff. M. All work within Collier County right -of -way shall meet the requirements of the Collier County Ordinance No. 93 -64. n. All internal access(es), drive aisle(s), sidewalk(s), not located within County right -of -way, will be privately maintained by an entity created by the developer, its successor(s) in title, or assignee(s). o. Joint/shared access(es) may be required by the Collier County Transportation Staff as a condition of site development plan (SDP) approval. p. Frontage, midpoint and/or reverse footage (backside) interconnection(s) may be required by collier county Trans portion Staff as a condition of SDP approval. q. SDP approval shall be obtained prior to development of any and all portion(s) of any and all development(s). The develeper-, its- sueeesseFtlss) e-= assigas, shall dedieats 75 feet fat€-w r-y- The dedieatie$ -shzm be ffiade - 'A- '= -9da5 el`r-eqq-aest by fie; . 'rte =on-ef the - dedieE. ea pR_el _ti be- as - set eh in.ubs€etiea 2.?2z^-.3Tef the The developer shall construct a two (2) lane road, known as Logan Boulevard Extension, extending from the present terminus of Logan Boulevard at the Olde Cypress development on Immokalee road and north through the Parklands RUDDRI, connecting to Bonita Beach Road. The design and timing for the construction of Logan Boulevard Extension are set forth in the E- .Ihbit HC-2 attae1ied- ?mete -ead made- a pa-r e f the R D r,ee —. T:Section B.3.e above. The developer shall be entitled to impact fee credit for the dedication of right of way and construction of the Logan Boulevard Extension from the Parklands DRI Droiect entrance to Bonita Beach Road The developer shall not be entitled to impact fee credits for the construction of the Logan Boulevard Extension from the present terminus at the Olde Cypress development to the Parklands DRI project entrance on Logan Boulevard. S. The Y -,. ,.haH . ' e a 44 4bett-ilive. sti.. gar- ni& eg way proeses aleng the seiithein pr -ejeet beundafy =lkie. 7R +T,ee eve.,t Draft 6th DO Amend,�nent, 11 -18 -10 Words underlined are added, word st-aek thfeugh are deleted Page 17 of 29 7/24/2012 Item 8.A. WIN IM TL. t 4..1 t e +fie ..1 p eet 1+ip g .+±+ie mfe_is limk d tle 1,056 Yehiele tips during the week*, PAC peak hauF eenditien:: Single r Table '214,14 f *t,e cnS- REc�e- ? the - �7£it- c9$?=8: - - �`- yzc�$-�icacrr- orsc P.M. peak h8uf «4 ex4e .,1 rfip gerreef4ien m4e does Ftet ..<..,,.�`� 1,956 yehiele tipe -. ts. In order to ensure pedestrian and vehicular safety, the southerly project access point off of the proposed Logan Boulevard Extension shall be shifted to the west to improve visibility. The exact location of this access point shall be determined at the time of the preliminary subdivision platting process. 3 Utilities: A. Water & Sewer (Collier County) (1) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pur•nant to all applicable requirements of Collier County and the State of Florida at the time of permitting. Water and sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. Draft 6th DO Amendment, I I -18 -10 Words underlined are added; word stFuek are deleted Page 18 of 29 Packet Page -130- N V- 0 N d' N ti (2) All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. (3) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with Florida`s Public Service Commission approved rates. eastemefs shall +d, be— eestemen- a +t,e --off— the — interim --utilit:} the !`eu.-t "s ..rf_s;te f` tt. and -c established- vieter- aad-lp—; PF-ej —: pr-ejeet faeilities- U.191 are a *able to sen= ( ) 14 it as `edl gial the r'.,, aly T3 bIli. TT +,l;+;os F1;4sier ,-411 alti .+e ly supply pat- --e ,ate—: f^^_'_t_s a`'ale rt+_'a =r. site s2wne +,- eatme„t ,,.7 d is .,1 f e liges ., a at m eet aH - req---:f--meiAs eft the e +e Late (`) ��7— -s�:�°$ie$c-�T1s�Y-L7.°— + cixccx +er + +, e. u ce ...�. 1 �t .. f` tt. and -c the binding sue 4eai,elape its - Eleyeleper, eg , iegagy the Gfty-, ;.: to sueeesseFss,, aeeept3ble --te - g t r +, a is f r tl, °��e ��`�--- ���.:e� e�� p rem prejeet, at ting that.! The ,..1 4 i :- +e. +..., e.,+ a 5....D.�S�: P.'S�'.::�5�-V__7 ° ..SS��:�a.��LTS °�ZS�'��7T. e-Hifies_ift@ cs« to be : ,rueted , cv-- o— casssacc as Y VFepesed prejee� r-egff as :ta . the sill b st +e.i + S+ 1 .. "", c�cc:�.auccc�co �i-a:crau;c FedeF.-J -- to be ewned, d and # Ied b3- the develeper-, h s assi� —e� available ta r EF�Ec— �Gipnj°E�.— q . c —+e . m +-.- e.,t..,e„t fnd,iMe s eir 4l emu 1 $2r'izees- vrl „"FFzT' nT to T these the and. =- he Gei$� -- f$1— eYelepme. -A. he - utility f ..;1:t y(ies) .+ be a aadledl +e . -,Ape iac�cu.l C`'�r -.-u3 Paz -.'�' .,n" , the ae „ t+e„ e „+ oftl,e (-`d.,,at Draft 6t11 DO Amendment, 11 -f 8 -14 Words underlined are added; word = ^^__'_ ``F9_7 are deleted Page 19 of 29 7/24/2012 Item 8.A. T off-site water- f '1 • +' the i" eve &eilities, anger- 1, I1 1, a a' . +l e an a ssszs9iN sewage tr-ealmepA J r e water eensisteF2— supply �ratc�rca'r� seisee, wi-th +1, -if - State of appliab'�.n - iJteda . '+ 1 4-QRde2F��� 11 be t ' + m�rs-r eest to tl, e Geunty. this � � Gez.Eo`czo$ -io +af"ze -�v �c`T�S — 0±4 ^ + Sewe£ fe '1'+ (T 1 Read) 11 be nrl 1, the ��ri��c�rccaaf= ism- -oc-- a- �a� -oj r , V 'thin (270) days aAe-r- e?�*llab' eeetrei} s4a:4 i-me -sae + eagineeFing ae n + of ..+...,n+:n �-rrt e ^ 1 R i tFafa9 -e�re-fittzing a neeessai=y to - =teethe- -Fen Eleveieyer- may -see these 4+1, ethe ti- usen, LE apppl.Cablle, ems LE the elepeEL — z �' trz- ars Yry 6 ciB.xc'E -$a ' efthese +i,n„ the (+ 11 nfi5 a T1,e cam_ +l,v 1 yy_�' +c 7 ff- site wa4e a /er semsser- v, '+ the f 11 ate f, a le sewer f; ' 1'+: e .i + + r'n 31'i2'S -"'be G OY7Y'"'r`Ct -"Ce �t"r' -- rriz� Pi _ app1•ep iate Geia". - QFdinanees and D a ,T.,f., +;n,,.. ; ijra-£c eS2i'r'$r-fzs s - cr}i-"cEccs -R r" 1` °1y er rAse lcrightT er- =rNithit'i Utility easements r-PquiFfdj' tl;2- Ceimtj', viithiR the f?rejef+r limits an4 these a4ditie (2) All water- a f 'l:+:e _ _ea ton eat }1,e p,aj--c4 ep t8 he -tre s-9 site S3 t' ep r 'i ce`_ -d eii ' e E)n -Site jm tez--g.�Rm1'rrsew- r f,-2,- '1; +: r+ ,- Draft 6th DO Arno- ndrlent 11 -18 -10 Words underlined are added; word st; gam are deleted Page 20 of 29 Packet Page -132- • N C N d' N_ I— ieeated v, +1.' t'1'+t + el,,.i;,,a .. but net t;..+, off o' the f:,tl.,tAz; ineluffing J.; utilky system eanstraeted by the eveleper- shall 'er Geunty a e LT�Gytem�'— -I+'-- —'C RCe 4me 'e aF,--atlable + seEve the en+ and suet, senneetien-16 ffiade. Mier- –te —eep t' f t to +w e rl t '+ r assigns, to the Qaunr y a nemplete list +t se a by the +il; +;e System ,,4 nl,nit net -ate— c9unc� - -: euste arzer a ,7 t shah' 1 r.. i de +t, ° Y � se Fed - v4thin - the ��' J� �,'l��csc= cy=w �\ A tl stim,e +; plans .l + 1, 1 + 1 + .l to eanneetiens e the acv t)4 efvke —r — q&e.- seweF -i$c a ^°� v r�= ACC scQast B£ - co s c Utilities PMsien f n .,l _ piier - to nrr T f) ?'G. d 1 r its nsi shall __ _ 7 zai �y e_l.� 4 Y yJ aU systeFa that —building pemaits --ae r-eq=a� a Ylfisuafft t6 appzflprratre— Geiinty or-dkhe 3' a Ta a effiaet at the time Elf bui4ding ,-.,.,;+ Fequest. This rPgLk,ea e.,+ nl,nll be made i..,n"m to all pr-espeetive buyer -s of pfe-e�=4..., C 1.' t, building p ;t. ;;ill Draft 6th DO Amendment, 11 -18 -10 Words underlined are added; word stmack t4eugh are deleted Page 21 of 29 `b + + '1, +' faei4ities fTera the b) 9 a"Neabl faei4fties t the + + +1= 1 ` essaff b utilky system eanstraeted by the eveleper- shall 'er Geunty a e LT�Gytem�'— -I+'-- —'C RCe 4me 'e aF,--atlable + seEve the en+ and suet, senneetien-16 ffiade. Mier- –te —eep t' f t to +w e rl t '+ r assigns, to the Qaunr y a nemplete list +t se a by the +il; +;e System ,,4 nl,nit net -ate— c9unc� - -: euste arzer a ,7 t shah' 1 r.. i de +t, ° Y � se Fed - v4thin - the ��' J� �,'l��csc= cy=w �\ A tl stim,e +; plans .l + 1, 1 + 1 + .l to eanneetiens e the acv t)4 efvke —r — q&e.- seweF -i$c a ^°� v r�= ACC scQast B£ - co s c Utilities PMsien f n .,l _ piier - to nrr T f) ?'G. d 1 r its nsi shall __ _ 7 zai �y e_l.� 4 Y yJ aU systeFa that —building pemaits --ae r-eq=a� a Ylfisuafft t6 appzflprratre— Geiinty or-dkhe 3' a Ta a effiaet at the time Elf bui4ding ,-.,.,;+ Fequest. This rPgLk,ea e.,+ nl,nll be made i..,n"m to all pr-espeetive buyer -s of pfe-e�=4..., C 1.' t, building p ;t. ;;ill Draft 6th DO Amendment, 11 -18 -10 Words underlined are added; word stmack t4eugh are deleted Page 21 of 29 `b 7/24/2012 Item 8.A. g) Xhe +.. + acid iui-E4 aan sewage eellee&a and tfaf- retnnn pef y J -,r7 when ks r et ^' eeimeeted te-- the —eff site —�� t a ^lof,efi the pr-epesed ufility eenstFaetien MA OF to aetivatiea ef +>, meter suffly , - ti-e==tnent R cra-c s ^�,` 7 site f ilitie-- 6 un;g -au£h-tiffie ch� 'tit' e w4eF - .t BE: + 1_ 1' 11 ' a she-T rag J' - -- - - ca - Se�ir ae e? izEe+ $r�zz He i T-Ttil-ii-es 11 ri + - '--r -e * t yr +- m— cgz'i_t'z wi -+iea -sac ztD �• +v +t + 8' efrEacp�e e +, u + 4 t v + v:T` ,ice D. y 1 e n t, - �a S . rr r 5j:age and fin. LCeaSnd;a Edd.= 8-- ice 4i - fl. „ �-cQR�F 3l 3i-st-Fiet Per- the undef A .i .F ,^-, +1 a „tn-.+ .. the F.t+ W_nxe fie° ^c r the a + 1 sha4l be t: t i,.- �..rr , teia Water ae ess ( -ie lines un4ess +1 nrt g t J ^ l- _ i__�i J TL 1 le +t, r+ e - ei5cz— �:s- urc'�ai�eE�1 J + +,, t .i ,7 t f ..;i;+<• i ^ ^ ^ + —a - .ru ni i tO th5 PE-4 r � t -vS ra r t r is sez,vage-eeKeetiai-i and .g. Tr— Ziset♦ t.s . .tt Lee Geunty-, Draft 6th DO Amendment, 11 -18 -10 Words underlined are added; word `-•'^moo are deleted Page 22 of 29 Packet Page -134- _N N O N It N ti er- epemted and Makitained by De > > e'hicre$ ky, aeeeptabl Ge + 7fthe , „f_ single +,.o..+,., e4 Y sewer- t J a a i9$ea 6�� a /'x„11: __ Pr-ier- +., axs'- -acr�ra�-- c��-�$ T +' ��eii the Geen #- hEe - the -abil y- to pfel,44e sew-age +,.e.., ffiefi+__2aa an er- watffr Suppi), and d:stFibw+ , +mot,— d,-- *eIefer its assigns er -suee iaali ac ispeBBib ive sertme c ape 7� to be nut'��'�' p� t a +� n > > a� to be pekefmea- B. The developer, its assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The developer would be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County co provide full or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. + + 1 a p site it be .idea by the dei-e spe,.., ,,: +e efa R,��d leeati$$ to VaaR apaoahlec J de;►-eleper - may -� d t9-�` - a a+ + w}, e tank ., s4e if GeuffLy - racer- f'aei et ayai4able- $t' - +h tkaCe ae-,ele e-,+ eemme-nees. S1, 1 a the ceuR- y Fequiye +1, + t4 faeilkies be eveFsiFed-. a setisfi�efy e+1, a of beat re the develepe :-- � C. Construction and ownership of the water' and sewer facilities, including any proposed interim water and /or sewage treatment facilities, shall be in compliance with all applicable County Public Utility Division standards, policies, ordinances, etc. in effect at the time construction approval is requested. 4. R-1$F to appr -Ovi of +. +" a „+ by the L-Id r_ .= s _ 4 d 1 n r+ : + nt .+ 36-7 Fieria., rn Y r ef fi eati `.,n. .,+ Draft 5th DO Amendment, 11 -18 -10 Words underlined are added; word s Ek t-4Feugh are deleted Page 23 of 29 7/24/2012 Item 8.A. I. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The rates and other factors pertinent to the system under consideration. J. T1,e deyelape,. st,elt e...,tEib,,te his : ;,. si A4 the east eg :,,s+ ling sewer- awn S —si-ne = eim the - pr-Cjeet-te-ayans£eptable e ff s4 „e e Ei} an e.4 site C tFeatBaeat ..laFA f o6li5, te- 'Pae -pFejeet_ The ne _ �+ shall eeepefat-- and . sis4 ; „eeuing -wed efP s4a easei.iaei4s. The edtaHs e fth this he sha be ..,.,t , 115, agee.3_upei between the de ..d the Geunty at s later- date 6. l!aSe:a to (✓a` . a. The dei+elepeF shall peti4en tkee Mesqu4e- EeatFel D e�to ; he site : eluded i to ths4 &IF- s+ T Ds_t�.s and Q=-ea Ceaec The deevelepef shall don-ate `_o the CeurAy a -T.23 r.efe site €s: use as a neigh erheed pa lk cr- 'shamake pa5 -nn � 1 'Hea tkereef T.-. the eve a par4s site is dedieEte-.1:5 ei: the deveepvr -. a es p ., aeats i x 14-- r-"c e 3'ae-u y_ �s�y 1. +s si s11 L ant d del f - L.. the ce E`t� z , °in" Taet a ex sh =1 be "sue .es�Yrre e?4a eF by the pplieabe --ee -e £ -DC Se—a1220.3.7. T1.e :mot is iiit-ended t a be l rat the gky O ,.,.4..,,1 - 6. Exemptions to the Subdivision Regulations: a. rr DG, S bsee en 9.2.8.3.1 -7: Sidewalks/bicycle paths shall conform to the provisions of this the LDC Subseetia and Subsection 2.11A of the RPUD Document attached hereto as Exhibit except that sidewalks shall only be required on one side of the street in the case of singe -fami;•y eul 4e sas Fi&s - ef-,iay local streets forty (40) feet in width. b. Ln C,Subseetion- 3.2.9 -3 Street name markers and traffic devices shall be approved by the County Engineer. Conformance with U.S.D.O.T.F.H_W.A.M.U.T.C.D. is waived. Street pavement painting, requirements for the striping and reflective edging on secondary road systems and reflective edging main road system shall be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Draft 6th DO Amendment: I 1 -18 -10 Words underlined are added; word stFuae emo =o are deleted Page 24 of 29 Packet Page -136- t� N r 0 N d' N C. LDG e bseetion 2_ 2_8.3.24 and Subseefien 2.8.4.21- The LDC requirement of blank utility casing installation shall be waived. I LDC, Subseetien 3:2:8.41-8: -The standard that RPMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. LDGSubseetien 3.2.8.446-4-.—All Cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide ravel 'Lanes and are waived from the requirements of the LDC. f DBG, Subse -efien ?�$.".'- tiul-de-sacs may exceed the maximum 1,000 -foot length LDC. The LDC requirement that the adii of at cul -de -sacs &ha4 be a minimum of 55 feet shall also be waived h. LDC, Subsectlen- 3�&.4z&r& Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where the radii shall be forty (40) feet and are waived from the requirements of the LDC. LDG, Subseetier. 3.2.8.4-44.-9--.The minimum 75 -foot tangent standard at intersections may be reduced subject to a certifled traffic analysis based upon design speed, site distance, and adequate recovery zone and are waived from the requirements of the LDC. LDGSubseet}ea 3.2.9.4.164-0—.-The LDC requirement for tangents between street curves shall be waived. k.. LDG,, S bS8e4GR 3.2_�1 Street grades may exceed the four percent (4 %) maximum required by the LDC provided that "e applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met and are waived from the requirements of the LDC. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: 1. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental - documents and the application for Public Hearing for rezoning and supplemental documents that are not in conflict with Conditions or Draft 6th DO Amendment, 11 -18 -10 Words underlined are added, word °� eu=�� are deleted Page 25 of 29 7/24/2012 Item 8.A. stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. This Development Order shall remain in aeffect for the duration of the project.z -N9 wever-, ia thez -vea 43at sigBifieai-A ,, . ee de i .,eleg eEA has z i-.- 4. The applicant or their successor(s) in title to the subject property shall submit a report annually, 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 Community Affair. This report will contain the information required in Section 9B- 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 re•rew pur—suant to Section 350.06, Florida Statutes, unless it is found'oy . the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present; ? A substantial deviation from the terms or cLonditions of this development order, 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 An expiration of the period of effectiveness of this development order as provided herein. b. 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 tame as a new DR! Application for Development Approval has been Draft 6ti DO Amendment', 11 -18 -10 Words underlined are added; ;cord r� ^'-r-atigh are deleted Page 26 of 29 Packet Page -138- I- C14 Nt N ti 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 applicant to comply with all other applicable local or state permitting procedures. 7. The definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this Development Order. 8. That this Order shall be binding upon the Developer, 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 effect the remaining portions of this Order which shall remain in full force and effect. 11. Lus resoluuon �hau become ezective as provided by law. 12. Certiled copies of this order are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Parklands Develepmei4 ef Regieaal hmpaetDEI are depicted on E°'��-A—,the master plan which is attached hereto as Exhibit B and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of the Parklands Ge RmityPRI on + 642 acres of land shall include the land uses described in See ion e ahe y� ; Ame d=ews te- PeT,elep erA O fde , +paragraph 4 of the Findings of Fact above. D. The raquested ndment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. Draft 6th DO Amendment, I I -18 -10 Words underlined are added; word stFaek ri are deleted Page 27 of 29 7/24/2012 Item 8.A. E. A comprehensive review of the impact generated by the f-equested- proposed Sixth Aamendments has been conducted by the County departments and the Southwest Florida Regional Planning Council. F. The development is not in an area designed an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The r-eque-- sproposed 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. The proposed Sixth Aamendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed Sixth Aamendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the land development regulations adopted pursuant thereto. D. The proposed Sixth Aamendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOP1YfENT ORDERS TR.4N'SNfITTAL 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. shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 20_. ATTEST: Dram 6th DO Amendmert, 11-18-10 Words underlined are added; word stFde"�— k t1ft' -__s are deleted Page 29 of 29 Packet Page -140- 15 N O N d' N ti DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Assistant Count Attorney Draft 6th DO Amendrnent, I I -1 8-10 Words underlined are added; word °13 are deleted Page 29 of 29 , Chairman a -71 'j. —SN'A S WA 7— 1 -TV 13? all p! lnO o/A ;M5 M =!n ---N 171 Z. %5 -71 'j. —SN'A 1/20' T- x I J-11 2 Item 8.A. 5:5 CL S WA 7— 1 -TV 13? all p! lnO o/A ;M5 1/20' T- x I J-11 2 Item 8.A. 5:5 CL Lim S WA 13? all p! lnO o/A ;M5 M =!n ---N 171 Lim .. . =. Packet Page -142- . i F- La 'i -j 0 Cr F- < a: f"A w S p! M .. . =. Packet Page -142- . i F- La 'i -j 0 Cr F- < a: f"A w � � � N C) N "ZT N r- � �� . � \2 � ! | §! �§ §! | |■ !§ 1� k �l�| @��ef ! .�,.. /��- / &»q� §ai�� ■`9. | k -- �� . � \2 � � - � +� ■�� `� » ll § aia_sao % a 9 i |$(} ! /sa 2= ka 2k 5 ;I§ -H ;! ., } §■ §� _f| Q � � � � � 7/24/2012 Item 8.A. Attachment "A" Narrative Statement Proposed Changes to the Parklands Development Order (DO 85 -4 AS Amended) Previous Amendments ( DO's Attached) Original: DO -85-4 approved September 10, 1985 The DO provided for up to 2,410 dwelling units, golf course and club facilities, 7.23 acre park site and a 15 acre school site. First Amendment: Resolution 85 -267 approved December 17, 1985 This amendment added a subsection to address timing of transportation improvements and also added a Substantial Deviation Determination if such improvements were not timely, and amended subsection B.3.h proving for an amended DO in the event the Lee County portion of the DR[ was not approved. Second Amendment: Resolution 93 -288, approved July 27, 1993 This amendment reduced the overall acreage and allowable maximum density, and also amended various other sections of the DO. Third Amendment: Resolution 99 -382, approved September 28, 1999 This amended the date the DO was in effect (to March 12, 1985), while extending the date by which significant physical development was to occur (from 10 years to 14 years). (This was determined not to be a Substantial Deviation). Fourth Amendment: July 30, 2002, approved July 30, 2002 This amendment extended the Date by which significant physical development was to occur from 2003 to 2004. (This was determined not to be a Substantial Deviation). Fifth Amendment: Resolution 03 -302, approved September 9, 2003 This amendment provide for the following changes: revised the acreages of various components of the development; provide for a density /intensity conversion table; provided for a monetary payment in lieu of land dedication for the park and school sites; provided specific Transportation requirements and a detailed schedule of improvements for a portion of Logan Boulevard Extension; updated environmental requirements and conditions; and other minor amendments various sections and subsections. Current and Sixth Amendment (Proposed): This amendment proposes the following changes: 1. Reduces overall allowable density from a maximum of 1,603 dwelling units (multi - family) to a maximum of 850 dwelling units (single and multi - family). 2. increases the overall preserve acreage from +/ -158 acres to 340 acres; revises the effective date of the DRi. Packet Page -144- 3. Clarifies developer commitments related to the segment of Logan Boulevard Extension required to be constructed. 4. Provides for other "housekeeping" changes to update the DO. faataaatatarataraatsa :■sasaataasaraaaaaarsaaaa -rata a ararsassrrasaraaraaaataaaarass Justification for Determination That Proposed Changes do not Constitute a Substantial Deviation Background- The subject property consists of 642.34 undeveloped acres just to the south of the Lee County line in Section C 9, Township 48 South, Range 26 East in Collier County, Florida. It represents the Collier County portion of the E Parklands Development of Regional impact ("DRI "). The project is currently permitted up to 1,603 multi - _W family dwelling units which is proposed to be reduced to now allow a maximum 850 dwelling units (either N single - family or multi - family). N Additionally, the DRi includes both the Lee and Collier County portion; however, the Lee County portion of d' the overall DRI (aka Palmira) has been substantially completed. 04 ~ Considerations: Although, the Parklands Collier portion of the Parklands DRI does not meet the current threshold for a DRI of 2,000 dwelling units and, as now proposed to be limited to a maximum of 850 units, is well below that threshold, there is no proposal to abandon the Collier portion of the Parklands DRI, hence the submittal of this NOPC application. The DRI Development Order (DO) Amendment is a companion item to a Planned Unit Development Amendment (PUDA) submitted to Collier County. The requested changes to the DO generally mirror the changes proposed in the PUD, except thatthe DO Amendment proposes changes to the effective date of the DRI. These changes are based upon extensions provided for by statute, or otherwise provide for under the DRI rules. it is important to note that the proposed changes, to a large extent and in addition to other planning considerations, are the result of a settlement agreement between the property owner and various environmental stake holder groups. As a result of that settlement agreement, not only is the overall maximum density reduced from 1,603 units to 850 units (a reduction of 753 units, a reduction of nearly fifty percent), but equally as significant, the overall on -site preservation acreage is to be increased from 158 acres to 341 acres (more than doubling the amount of preservation and Increasing the overall open space to more than 72 percent of the overall project). Access to the subject property is from the Logan Boulevard Extension from the south to the project entrance in Phase I. Logan Boulevard will ultimately extend alongside the development to the north with a connection onto Bonita Beach Road, in Lee County, as is required in the current DO for the DRI. The proposed specific changes to the DO are provided in the attached struck - through and underline draft DO. Clearly the changes requested do not rise to the level of a substantial deviation. The developer commitments remain intact, while the overall development impacts are significantly reduced, specifically 7/24/2012 Item 8.A. impacts on the natural environmental and on the transportation network, given the nearly fifty percent reduction in maximum allowable density and the minimizing of the overall development footprint by doubling of the on -site preserve acreage. DRI Aggregation Rule(s): In determining whether there has been "a unified plan of development," (or in other words whether two or more projects are considered to be aggregated and therefore subject to the DR[ statutes and rules) DCA and the RPC will consider the factors set out in F.A.C. Rule 28 -11 and Rule 9J- 2.0275. These provisions require that only two of the following five factors be present to constitute "a unified plan of development": 1. Common control, ownership or a significant legal or equitable interest, or management of the developments; 2. Reasonable closeness in time between the completion of up to 80% of one 2. development and the submission to a governmental agency of a plan for the other, which is indicative of a common development effort; 3. A master plan or series of plans or drawings covering the developments sought to be aggregated which have been submitted for authorization to commence development; 4. The voluntary sharing of infrastructure; 5. A common advertising scheme or promotional plan. Rule 9J- 2.0275, F.A.C., further clarifies the aggregation criteria by defining the following terms: "Physically proximity" developments are those which, in urban areas, are no more than one - fourth of a mile apart. "Significant legal or equitable interest" means that the same person or entity has an interest r an option to obtain more than 25% interest in each development by fee simple estate, leasehold estate of more than 30 years, life estate, or similar equitable beneficial or real property interests in the development. "Reasonable closeness in time means within five years. "Completion of 80 percent" of residential development means when 80% of all improved lots or parcels have completed construction, received certificates of occupancy ( "COs "), or been sold, or when 80% of all dwelling units have received COs. For all other types of development, when 80% of improved lots or parcels have been sold or when 80% of development has received COs. Or, when no COs are required for use, when 80% of physical development activity is complete. "Sharing of infrastructure" may include internal roadways, recreation facilities, e. parks or other amenities; or water, sewage or drainage facilities specially constructed to accommodate the developments. The Rule specifically exempts sharing of public facilities and some private facilities. Packet Page -146- "Common advertising scheme or promotional plan" means any depiction, illustration, f. or announcement which indicates a shared commercial promotion of two or more developments as components of a single development and is designed to encourage sales or leases of property. Based upon the above, the only element of a unified plan of development applicable in this case is common ownership due to the fact that: (a) there is no reasonable closeness in time between the completion of up to 80% of one development and the submission to a governmental agency of a plan for the other, which would be indicative of a common Q development effort; (b) there is no master plan or series of plans or drawings covering the oD developments sought to be aggregated which have been submitted for authorization to E commence development; (c) there is no voluntary sharing of infrastructure between the a) = respective projects; and, (d) there is no common advertising scheme or promotional plan N between the respective projects. As noted above, a unified plan of development occurs when 0 two (or more) of the five factors are present. Common ownership or majority interest is not by and off itself, indicative of aggregation. In this case, common ownership or majority interest is N the only factor and since this is the only applicable factor, the aggregation rule does not apply. ti DRI Bulldout Date: The DR] buildout date of January 23, 2022 represents the tolling of the buildout date due to environmental permit challenges and allowable statutory and local government buildout date extensions provided for under Florida Statute and local ordinance and is therefore not a substantial deviation. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 7/24/2012 Item 8.A. CdNor C0114hty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT We /I, Parklands Associates 1. LLLP, a Florida limited liability limited partnership, being first duly sworn, depose and say that we /I 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 /I 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 /I further authorize Mulhere and Associates (Robert J. Mulhere) and Roetzel & Andress (R. Bruce Anderson) to act as our /my representative in any matters regarding this Petition. ignature of roperty Owner Signature of Property Owner Parklands Associates 1, LLLP By. Parklands Genpar Corporation. General Partner By. Kevin Raiterree, Vice President Typed or Printed Name of Owner Typed or Printed Name of Ov✓ner T e foregoing instrument was acknowledged before me this day of 201 0 , by v�� � Ti �� who is personally known to me or has produced State of Florida County ofZ@46PF 15�evwZZ -- -- as identification. (Signtur of Not Public - State of Print, Type, or Semp Commissioned Name of Notary Public) Packet Page -148 - N r C N d' N ti STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 8501488 -4925 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. I . I, Kevin Ratterree, the undersigned oEL, authorized representative of Parklands AccnriatPC T T T J -P, a Flnrida limited liability Limited nar tnershin. 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 infonation concerning the Parklands Collier DRI development, which information is true and correct to the best of -rny knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County. to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. Parklands Associates I, LLLP By: Parklands Genpar Corporation, General Partner By: Kevin Ratterree, Vice President Date 'Signature NOPC FORM 7/24/2012 Item 8.A. Coll 110 RATE, A FIZI DAV IT FA l'l: (7F FLt aRI DA ) COUNTY OF 131t( AWARD ;": r3EFC)RI: %AF., the undersigned oliicer autilorired to achninister 0a(115, ail this L}ay personally �lppcared r\lan Fnnt, Vice President of Parklands Cicnpar Corporation, a Florida corporltion (the -Corporation "), the C;eneral Partner of Parklands Associates 1, 1 LIT, a Florida limited liability limited partnership (tile-Partnership'.), w!w upon being duiy s- orn, deposes and says: 1. The uudcrsiuncd is ovcr the and of IN years, turdersltrnds the oblivaliulls of all oath, and has personal knowlcd_e of the Facts stated herein. l. file undersi,.ned is a Vice President of the Corporation and [lie Corporation is the Cieneral I'nriner of the Partnership. 3. I'he Corporation and the Partnership were fbnmed under the laws of the State OF Florida and are currently in good standing there tuxlcr. and have not been dissolved. 4. Kevin Ratterree is authorized by the Corporation to cxe.cute consent fo rMS pertaining to ally Zoning, land use, concurrency, time extension, PUD annual report, deviation, anti /or variance application(s) submitted to'Callier County. FURTHER AFFI A N"! SAYETH NAUGHT. Parklands Genpar Corporation, a Florida corporation, the General Partner of Parklands Associates 1. LLLP Alan Fait, Vice President The F2n' °loins instrument was s.vorn to, subscribed and acknowledged before me this -1-L ---day t -.. .. of 4. t .Z t.. " ?tiiti, by Alan Fart, Vice President o}� Parklands C;enpar Corp ratioriF a Florida corporatltln, the Cic ncr- Partner of Parklands Associates 1, LL1,P, who is ncrsnnally knn:vn to me or 1ilus produced - - -.- - a :> idcntitict;tion. i rt 'tv - -AJ*#ETfEtsLAk ql� E`vPXYO j i Nota E_Xi1 !ES: Nwemt:3r "u. X13 NoWr, Public j Printed Nallie: My C'mmiliission Packet Page -150- I CoRer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT Q We /I, Parklands Associates 1, LLLP a Florida limited liability limited partnership being 06 first duly sworn, depose and say that we/[ am /are the owners of the property described E herein and which is the subiect matter of the proposed hearing; that all the answers to =' the questions in this application, including the disclosure of interest information, all 0 sketches, data, and other supplementary matter attached to and made a part of this N application, are honest and true to the best of our knowledge and belief. We /I Nunderstand 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. AC nrnnnrtty nc,�in rir IAln /1 a.. —I-_.. - -t— U) �VviIcI YrC %1 IUILIIC1 CLULr,urILe ivimnere and Associates (Robert 1 M u I here) and Roetzel & Andress (R Bruce Anderson) to act as our /my representative in any matters regarding this Petition. f Signature o Property Owner Parklands Associates I LLLP Bv: Parklands Genpar Corooration Ceneral Partner By: -Kevin Ratterree Vice President Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CofflAF e-'r County 2DOO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 vwmxm.coUie,gonnet 012 Item 8.A. �+ The foregoing instrument k i d d before hi /' day O , 201 &/ . by is personally known to me or has produced ------------------------ as identification. State of Florida County Of�E� (Signature of N ary Public - State of Florida) Packet Page -152- TERRY KAPLA-111-1-7-'LIAN iG temoar 015). 2011 i N N O N d' N t` CORPORATE AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Alan Fant, Vice President of Parklands Genpar Corporation, a Florida corporation (the "Corporation "), the General Partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Partnership "), who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a Vice President of the Corporation and the Corporation is the General Partner of the Partnership. 3. The Corporation and the Partnership were formed under the laws of the State of Florida and are currently in good standing there under, and have not been dissolved. 4. Kevin Ratterree is authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUD annual report, deviation, and/or variance application(s) submitted to Collier County. FURTHER AFF LANT SAYETH NAUGHT. Parklands Genpar Corporation, a Florida corporation, the General Partner of Parklands Associates I, LLLP rATa—nFaR, Vice President The fo 0goin insti ent was sworn to, subscribed and acknowledged before me this _day of 2010, by Alan Fant, Vice President of Parklands Genpar Corp _, .lorida corporation, the General Partner of Parklands Associates I, LLLP, who is personally known to me �Ns produced as identification. AN%TrE JA a E [Note . ° :b MYe{?!�,{ # DD 934991 APFioYO 7p� " EXPIRES: Novsmb._r6 2013 Bowed rnn Navy pbk urw, I_n I'J o rI1c Printed Name: My Commission Expires: - -- ._. �•�':.'�..,�'_"" _.._�_:�"a.:"':''': "w ._., .�" ?'"'�*: :._. ....?e`'�''.�'.,"�'i- �•-- '.Z'�' _. __ .. -�r�rrc. -�. asters+ .ra.ac�.e.e�,.aesv- s_rs.- v.es�. CCLL"ISER COUNTY 3301 T arnia ni Trail East Maples, Florida 34' 12 -4902 Telephone: (239) 774 -3400 FAX (234) 774 -0225 December 11, 2003 i^,f ?arte3 J. oaaioait, E-squire Henderson, Franklin, Starnes & Holt, P.A. Attorneys at Law ?. 0. Box 230 Ft. Myers, Florida 33902 -0208 7/24/2012 Item 8.A. -DAVID C. `NEIGEL I.CLL:c3C01114TYd 70SNEY Heidi r Asnton .enni`er A. 3eipe:iio �;!=n T. Char:::eii Ramiro 6,'ar'25ch bv�ilam t. Atcunrfcrd ,omas C. Palmer .Mlichael W. ?eidt Jacquel.ne i luttard R&brson tadorie l% student Patn::cG. V.hite Rocert N. Zachary RE: Parkland Development of Regional Impact (DRI) Development Order 35 -4, as amended Dear Chuck: I am in receipt of the leiier dated December 2, 2003 From Marisa Morr, assistant DRI Coordinator, Southwest Florida Regional Planning Council (RFC) concerning the above- referenced project. In the letter, Ms. Morr states that RPC staff believes that the commencement of the construction of the sewer force main by 'march 11, 2004 meets I definition of signi icant physical development within the DRI development order. suc Collier County concurs in this opinion. Accordingly, if the sewer force main or other utility construction commences by March 11, 2004, the Parklands prefect thus complies with the requirements of the DRI development order relating to o0mri iencement of signiSiC2rt physical development. if you have any questions or comments, please do not hesitate to contact me. Very truly yours. Mar }ore M. Student, Assistant County Attorney `v ?MS:ejh ;C ca`iid =`J''Egel, (;CU,n,iy Ai'Crnc'll M.3r sa Mcrr. �( :) ;thvlest Florida Regiicr.al ?!3nr�ir.g Council .i c ' Planner_ iDeGar r7ent of 7Cr ling 2nd Land L= 'deiop;Tient Review moil ivs, ✓1niel Packet Page -154- Maks L WAwL HOW: No L 06 E Foil C%4 0 N �n November 1 1. SM lawr Ngulng Ow f dil PM ki.Liaf Lit:,. .1opmam (if AgiOnal Apact i LDIZI) pwvuhpncnt GIjjjjj of of 11,z.- ;t!vvcr !�dlicvcs that the 'ility colISLI-Itcom by Ifmch I L :nO4 (0() emmnencanient of signincant phsical i"It !!+)t iIL%Xssadjv jhc cunjp!L�tion ot- thc proicct I)y )0 r quirk�rnei'�t o� imild tic alknvcd it, :iavv any pevions jAease let nic kiUm. I)P r ,] ( " I -;wdog tom. Nkn AGer KninlyAllormy's AM; 7_21:077 71—w L-4 °n rson Fran ki i n ` !A =ACS-DAILE AND U.S. MAIL Marjorie M. Student, =sq. Collier County Attorr :ey's Office 2800 N. Horseshoe drive Naples, FL _341C4 7/24/2012 Item 8.A. IG'rira ;Inv iBQ _ >.,�.�.vc•:ccu 39— lil :xii9.33?4 ;:h� :rv•; •rtawc m p `Pty 'O Ctiarfts J. S"h=s Esq. =-flat: can sbruar~y o, 2004 Mr. Daniel Trescott, Coordinator Southwest Florida Regional Planning Council 4980 Bayline Drive North Fort Myers, F L 33917 Re: Par!ands Development of Regional impact (DRI) (Development Order T85 -4, As Amended Cur Fife No. 13C85;2 rear Marjorie and Dan: As you are well aware, the above - referenced D RI contains a requirement that significant physical development of the project must begin by March 11, 2004, in that vein, tt-a daveloper has been diligently moving forward to meet this requirement within the prescribed Time frame and, I believe, has done so. For your information, I have a<iached a letter from the Developer's engineering consultant indicating- that, to dare, construction of approximately 4,000 feet of 12 inch force main and associated appurtenances, as well as the applicable roadway drainage system, roadway grading activities and construction of roadway subgrade material, have been substantially completed for the south half of Logan Boulevard located in Section 21, With respect to continuCation of the road and associated utilities into Section 16, those activities will Comm: nce 'Nithin a reasonable time frame after obtaining the ;army Corps permit. AS rna attached letter indicates, the Parklands Developer has been pursuing an Army Corps permit since 1999. 1 am hereby requesting that both of you confirm that, based on t ^e construction activities performed thus far by the Developer of the Parklands project, 'he parklands DRI 485 -4 lhas commenced significant physical _ctiviy prior to the i+ilarch 11, 2G04 date and is thus `lest -ad. Packet Page -156- %,!ar,or*;-3 Vin. Student, Esq., -"an;igl i rescott, Coordinator r9bruary 60, 2004 Page *2 1 0 hank you for your kind review of this matter. I would appreciate it if you would provide de x this confirmation to mein Witirllg at your earliest opportunity. Very truly yours '2'-, �� Charles J. Basinait 06 E C1011ma a) A.- Enclosure C) --c: Brian Farrar (,Wencl.) 04 C'4 r-- 7/24/2012 Item 8.A. 7rofmsional Z Land--Surveiyors - FORT. MY 'RS .Fcbruary 5, 2004 NAY. Ch=k 3asinait 'Hendarso:i Frwadia .1715- Mollroc 5 trict- Ft. 1. y L 33901. Tence. ?ARIKLAINDS DR1-,'-`; D ar mr. Ei as in,_-i t: Co stnactica. of zi e qf� it* miLd "U"', senve Cie'. Park.1ands...DRT.*-_omri==d ifi tarly. Jan C-on"stii,ct,i6n,attivities.-thal.bave "cep substaAtiaiiy- cc*pieted ±O .4ka,, and associate d tie aid: coastructi6zi o'[ roa&erZ­- fdilhe' South= bill of the- ay- 41 cc on_21�.a4jdthh�_-w`ork'­ Nbrth:'. All.cot',-z-trEi6tion.activi�d;z�s are .oadw cd Hrnit�d tb: the O!d6 arm.. Tze Arrmy-Cai�11'. not., In.,P ace to ow construction activities Within Sd6tio it 16: at ttd�- 22i�kdl 9Md5:1_=- his ° b'; ei; (ii I g y purs wner-AC03 approval 17-P49W __P t; Ipplicaton inc"U'de-s--the C Ucnnsion_ of -aa 2Lt dVil -IFb-ich is- -required to' develop parki.-ndi. Lf you h4vc -LrY q,46s' is sj-pl.Fase,-- giuc -nic a Sinc=Lyf- B AINKS B-IN-�Q1NE .7 Xe- DR.U:1=, U -4K, t 3 . xk 13 CLr U�x C- i -,Z.0 13 11 f,:r- Cnia i r-r R! C: .E40 %V! 14- A L, r I V -_ S U;, e 3, "i a P F T 14 it 9 s,2. 9) :97-%'061 • IF 3x'29) Packet Page -158- p N N r O N d' N ti ' 1 I'cbruary 23, 2004 *n�ls -. :�C I'itzrltla iii +;is :t_al •'• :s :tt -ss Z' - � :s�c•�l .EI,)8o ita\-lin'. Dri \•.:, k1Y I h =,�r. iC. i't. _ I4�r I'L :g :',.)li i_) ( ) t\ :�1` 7, \!. ! E tiI tCti. I'I. ,.,:)IS_ : ;L.i > tit .tics i1I 7 Cl,arl.cs J. Basinait, Esquire Henderson, Franklin, Starnes & Molt. P.A. Attorneys at Law P 0. BC -T -7801 Fort Myers, Florida 33902 -0203 Dear Chuck: In response to your February 6, 2004 letter regardir_g development commencement of -he Parkland Development of Regional Impact (DRJ), we believe that the construction of approxLrnately 4,000 feet of 12 inch force main and associated appurtenances, as well as the a ;aticalile roadway drainage system, roadway grading activities and constriction of roadway subarade material for the south half of Logan Boulevard located in Section 21, moots the ,'ct�nition of "significant physical development ". if you have any questions, please let me tinow. Sincerely, S UTHti'vEST FLORIDA REGIONAL PLANNING COUNCIL t �� U D"'nii:I L. Trescott Principal Planner /DRI Coordinator cc: !Marjorie Student Esquire, Collicr County Attorney's 0)nce 7/24/2012 Item 8.A. z =;= Southwest Florida Regional Manning Council 1926 Victoria Avenue, Fort Myers, Florida 33941 -3414 (238)338 -2550 FAX (239)338 -2560 SUNCOM (239)748 -2550 April 11, 2008 R- Bruce Anderson 850 Para: Shore Lave Trianon Centre - 3rd Floor Naples, Florida 34103 Dear Mr. Anderson: in follow up to the conference call on March 28th with Assistant Collier County Attorney Iviar ory Student - Stirling and yourself concerning the above, I have reviewed the original Application for Development Order Approval ( "ADA") and Sufficiency Responses, the original Development Order issued in 1985, and subsequent amendments to the Development Order. The original ADA provided for a twenty -year buildout in phases of development beginning in 1987 and ending in 2007. In 1993, a Notice of Proposed. Change (`°NOPC") was filed to redzice the size of the Parklands' project and to ea=nd the proj� -t co==- -ement and buildout da*,zs by four year; and three hundred and sixty -fou: days. As .finally approved in Development Order 93 -1, the commencement and bufidout dates were extended by only four years. Although there were subsequent amendments to the Parklands DRI Development Order, none of the NOPCs for these later mnandmects sp.;,iucally stated that boot the commencement and bmldout dates were being extended, as did the NOPC for the 1993 Amendmeent. Thwefore, based on the foregoing facts and analysis, we find that the buildout date for the Collier County portion of the Parklands DRI is 2011. sincerely, RIl? A REGIOI�TA L FLP NI�IING COUNCIL Daniel L. Trescou Project Service Manager cc: Marjorie Stndeut- Stirling, Assistant Collier County Attorney A-Wac krry �4- I t Packet Page -160- student m From: Dan Trescott [dtrescott@swtpc.org] Sent: Sunday, April 13,2003 10:01 AM To: Anderson, Bruce; student —m Subject: RE: Parkland Buildout Letter I would agree with the date. Thanks Q op Daniel L Trescott Project Service Manager Southwest Florida Regional Planning Council N +r 1925 Victoria Ave. Fort Myers, FL 33901 T- Office: 239.338.2550 Ext 220 O Fax 239.338.2560 N Suncom 748.2550 Ext 220 email: dtrescattI5swfrpcp .ora tiWei httD: //www.swfrac.org Think Ca ..n & pinse pint this a -malt wily if r=== Y. From: Anderson, Bruce [maiito:BAnderson @ralaw.com] Sent: Friday, April 11, 2008 1:41 PM To: student m; Dan Trescott Subject. RE: Parkland Bulldout: Letter The buildout data would be Dec 17, 2011, because the DRI approval did not become effective until Dec 17, 1995. The September 10, 1985 initial approval did not become effective until Dec 17 because of an appeal filed by SWFRPC over transportation conditions. On Dec 17 Collier County resolved the appeal by approving the amendments contained in Resolution No 85 -267, a copy of which is attached. From: student m [ mai ito: MarjorieStudentCocolliergov.netJ Sent: Friday, April 11, 2008 1:2-5 PM To: Elan Trescott Cc: Anderson, Bruce SuujecE: RE: Parkland Buiidout Letter Dan Hi Thank you for the lever l have one comment to add Do you have an =Yacr r4.-_= in 20'l 1 ? Thanks a :::�ch '^ a&. ?Margie Front: Dan Trescott [maiito :dtrescoM9s' rfrpc.or9J Sent: Friday, April 11, 2008 11:56 AM To: SAnderson @ralaw.corn; student_rn Subject: Parkland Buildcut Letter Bruce and Marjorie: Ps we discussed and requested see attached. Thanks hrnrn�4 Z 4/15/2008 7/24/2012 Item 8.A. 4b„ - — Daniel L. Trescott Project Service Manager Southwest Florida Regional Planning Council 1926 Victoria Ave. Fort Myers, FL 33901 Office: 239.338.2550 Ext. 220 Fax: 239.338.2560 Suncom 748.2550 Ext 220 email: dtrescott @swfrpc_org Web: httpJ/www.swfrpc_grg JWJ plink Green & plena print this e-mail only if nx--suy. aqy federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or i2? support the promotion or marketing of any transaction or matter. This legend has been affixed to cotrtply with U.S. Treasury Regulations governing tax practice. 4/16/2009 --.--..---..--Packet Page -162 - - ,. 4) N r O N ct' N ti COLLIER COUNTI' E)AVED C. WEECEE, COLLIER COUNTY ATTORNEY 3301 East Tamiami Trail *Naples, FL 341 12 -4902 Telephone: (239) 252 -8400 Facsimile: (239) 252 -6300 April 16, 2008 R. Bruce Anderson Roetzel & Andress, LPA 850 Park Shore Drive, Third Floor Naples, Florida 34103 Re: Parklands DRI Develonment Order Dear Bruce, Heidi F. Ashton -Cicko Jennifer A. Belpedio Ellen T. Chadwell Colleen A Greene Jacqueline W. Hubbard Jeffrey A. KlatzkDw William E. Mountford Marjorie M. Student - Stirling Scott R. Teach Jeff E. Wright Robert N. Zachary Please be advised that we have received a letter from Dan Trescott, Project Service Manager, for the Southwest Florida Regional Planning Council (SWFPRC), you requested by email and regular mail. This letter confirms that the build- out date for the Collier County portion of the Parklands Development ofR yv ^..,i 1 TT-- .°.^ ^t (DPu ;o '1vi 1 (As�i.'�Cuui— Recall UL= I Sean a mnemno v2M C�dti to NIX. T-LCscuu asking for the precise date in 2011 and it was determined that December 17, 2011 is the correct date (Attachment 2). The Florida Department of Community Affairs acting in concert with the SWTRPC is responsible for the DRI progrram. Therefore, the County places great weight upon the opinions of those agencies as those opinions relate to the DRI program. Accordingly, I would concur witI1 14r. Trescort's letter to you to you dated April 11, 2009 as well as W. Trescott's email to both you and me dated April 13, 2008. I understand that this dz *.e is important to you because Subsection 10.02.13.7.b. of the Collier County Land Development Code provides that the sunset date for any Planed Unit Development Zoning District that is associated with a DRI is at the same time as the DRI build- out date. Accordingly, the sunset date for the associated Parklands PUD would also be December 17, 2011. Sincerely, - Marjo Studell tiding Assistant County Attorney cc: David C. Weigel, County Attorney Jeffrey A. Klatzkow, Chief Assistant County Attorney Susan Istenes, Zoning and ;.end Development review, Director Ray Bellows. Zoning and Land Development Review, Manager Kay Deselem, Zoning and Land Development Review, Principal PIanner et �' Ott "T 't a�Bacs�v��, 7/24/2012 Item 8.A. ORDINANCE NO. 2009- 22 Al ra ItD INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF C ER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL ONOMIC EMERGENCY; TOLLING TO MAY 17, 2011 THE LAiNNED UNIT DEVELOPMENT TLNM LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILI Y; AND PROVIDING AN EFFECTIVE DATE. vrn -r-R .AS, the United States of Ar-nerica, the State of Florida and Collier County U-0 presently expwiercing an e=nomic downturn not experienced in the last 3044 years; and WHEREAS, individual citizens and �.MiEes living in the United Stem Florida and Collier County are experiencing negative ef%cts from this economic downturn; and WFMR.EAS, because of significant revenue decreases at the State and local levels, jobs are being IoA homes are being foreclosed, and services are being cut; and y4rr1EREAS, Collier County is currently experiencing a dramatic and devastating decline in thF- residential and commercial developL art mna:k°ts that adversely in patzt the er`"rc local economy, and W'h'EREAS, Section 10.02.13.1) of the Collier County Land Development Code provides for planned Unit Development time limit and time Emit extension requirements The local econorruc emergency has created a situation that is making it impractiml, if not impossible, for developers of Planned Urdt Developments to complete their projects within the time limits estarbIished prior to this period of local emerge -my. Collier County, currently has a very large number of homes that have been approved for development but have not been built and are not anticipated to be built during the period of the local economic emergency and r-. WIIERE.AS, tolling of the planned Unit Development time limit and time Iir'13it exter#sion- is ne`essa-y to relieve conditions resulting from the local cconorric - mergeincy and,- PagC I of 3 Packet Page -164- = . .. - _ - . _ N N 0 N d' N t` WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit Development time limit and time limit extension provisions without going through the process of amending the Land Development Code as set forth in Sections 10.02.08.0 and I0.02.09 of the Land Development Code. NO w, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMNiISSIGNTERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Short Title and Recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the move findings and recitals are hereby adopted by re :ererce into Uhis SECTION TWO Declaration of Local Economic Emergency. The Collier County Board of County Commissioners, convened in regular session, L i 1. y .i ° i ^ —A � �iai�na 4'1 a 1n_ --gl or^.^.4mi� vm'xo�ry evi„cta auit},�n ('nlii.� C`,t�nty uviara.'..:a f ...,.. �•Q� ••� i� Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. Thus Ordinance is adopted after public 1'.earing pun aant t3, and e=i accoLrdmr cc witE. , Section 125.66(2), Florida Statates. SECTION THREE: Tolling of Land Development Code Section 10.02.13.). Section 10.02.13.D of the Collier County l..md Development Code provides for Pl4—=—,. :ed Unit Development time limit and time limit extension requirements. These time limit. and time lirnit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments which have not sunsened prior to the effective date of this Ordinance. Prior to May 12, 2011, the Board of County Commissioners will determine if die declaration of Local Economic Emergency should be ended Page 2 of 7/24/2012 Item 8.A. SECTION FOUR: Conflict and SeverabWty- In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of co r: —tent jurisdictior, such portion shall be deemed a sepamL ; distinct, wd indepe-dent provision and such holding shall not aff,--.t the validity of the remaining portion. SECTION FIVE: Inclusion in the Code of Laws and Ordinances. T-ne =visions of this Ordinance shall become and be made apart of the Code of Laws and Ordinances of Collier County, Florida The sections of the Ordinance maybe renumbered or rclettered to accomplish such, and ffi-- word "ordinance" may be changed to "section", "article, or any other appropriate word. SEC-1 ION SIX: Effie: DtM This Ordinance shall become effective upon filing with the Depa rtment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier I h Ccuanjr,Florida, this 10� -14 day of —A2 2009. A=T: BOARD OF COUNTY CONENIISSION-ERS DWIGHT E. BROCK, Clerk COLLIER COUN-IY, FLORIDA `B4 a � 4 ' Clerk D0j*A FJU-A, L-,-P—=an Ap ftdtai i0 form an e 11 7 of State's of and ockrio*ledgernc t th, ► cill leff*x; I ow Ca u Daley Page 3 of 3 Packet Page -166- ;.1 19 N CN V- C:) C14 ti STATE OF FLORIDA) Cou-N-TY OF COLLIER) 1, Dwic-HT S. BROCK, Clark of Courts in and for the Twentieth Judicial Circuit, Collier Cc-rlt-"r, Florida, do hereby certify that the foregoing is A true and correct copy of: ORDINMC3 2009-22 Which was adopted by the Board of County Commissioners on the 12th day of May, 2009, during Regular Session. wn,-N-ESS my hand and the official seal of the Board of County commissic-ners Of Collier cc =-ty, Florida, this 13th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and-CleFk Ex- officio to Board of cv—z"Ity By: Teresa Polas Deputy Clerk i' • e � :i . ti' i' `iov niLher : 1. _t)10 Ir. R. Rrtice Andcrznn. F 4ILiire IZoeiv,,I �C A.ndress ;5i) Park Shore t)rit Frianon C.'�ntre, 3rd tloor `4'apl(:s. F I, 141()1 7/24/2012 Item 8.A. IZE: Confirmation of DRI Exterisic:r€ Request: i': €rklands DRI, :.x"T' ?f)if) -AR-I 16 9 near `ir_ An- derson: in your letter (i:ited Novembtr _' ?. 2tllf), you uskcd ('oilier County to provuie contirmation that tilt 11:1lrklandj DRI meets the requirements For an auIoinatic �Ytension nf ICS Phase. build out and �, r:iraLitir: d;irs tur three (+) yc.lrs as provided fair in Section W.10'6( 19,`:/c)_ Florida 'Statutes_ In „`tort ut your ;'::ltiest, you provided i li_iLir?� of all lt:cal dev -cl }pmznt (order approva that had been i saed as cif July 1, 2007, 'thus provided eviuenc{: to support ;,°{our contention !hat some Ixlrri<,n of the Parkland DIM was under active construction on July 1, 2007 :Lnd would thcrefore, :ncc the statutory reguirtme.nts fc.)r tilt automatic three -vear exTension_ c';;flleF C' {?'•,.nty COM'17Mf:S Oint the P.irklands DRI d{)CS meet the criterion For the mito natie tliree- ir cxten!5ion estaolishc4 :n the `rlur —lda Statutes. Thtrclore, ilie buildUut :lard -- xplration tlateS of the DRI Devc 1opment Oder for Parklands DRI Irc -xtcndcd from Dccern ler 17. 2013 to Ibis jet, represents a Leterrnination Ui I:a IJcveit)orn -,t ``znvices Department tn_r'r'. Should you disagree :vith this determination, YOU inay request an Official Interpretation by the Zoning Director of the provisions (uf the f.Eu)d Development Code. TI)e f--e -{)r xn Official Interpretation can Oe found in the iP.U]t r + :Cc:rtly adooted Fee Schedule RILsolution. us approved Oy the Board of lhat ttC i(It`(IimatLf)n presrn =C' Li : .'.tl to �i :'.S ii1 ,iti:.JR i::Cter is -;2w -ed on S',',C: ti, ?i Floni.'la Si; Lutes, 11 :e C. -.-imr Land De- elopment Ci-ule -'1!r 'ur i ;.I RO N N O N N ti _.:;tter `n R. '?rGC° .'3nC:BrCq;1, = sic ;rp ?y: '7r lfanrls JRI, %= < - -?U 1•� -� ? -1 -10.79 'Yo': ember ?S. -41010 _'o±lld he ,1tlect::d i}y ether lksues not ;addressed in this !::ttcr, ,itch as, but not limited to, cOrIcltrrency related tl1 ri?e prnt'a5ialn of dequare t;ll''olic facilitics, srivironmcntal imzpacr, and Other rcquircments.nt'the Collicr County Lind De ulorment ( 'ode or related I)rdinance . �ite�uld ola nxluirc: further inti;rmation please do not hcsitatetO call me -it (?.icy) Researched and prepared by: hay f ?eselem, AIC P, Principal Planner 7'�Partrncnt or Land Devc:topmc:nt S r�ices, cc: Lauren Beard. PIA)!DRI monitorincy 1'X'1 -2U10- `�R -I 1'649 (correspondence tile) Heidi Ashton, ASSt. (')u11t;- A Ltorney Rcvievved by: RavrimSnd V. Bcllotvs. LL1nin; Etanau_ Department of Land Development tiervjcLLs 7arrc11, A6.1 ssirig Scction 1)I1I)'DPI file Dan Trescort. RPL L • IN ANDMSS j A LEGAL PROFESSIONAL ASSOCIATION December 14, 2410 V X. U. S. Mail Jeffrey Klatzkow, Southwest Florida Regional Planning Council Collier County Attorney Attn: Liz Donley, General Counsel 3110 E. Tamlaml Trail 1926 Victoria Blvd. Naples, FL 34112 Fort Myers, FL 33901 State of Florida Mr. Ray Bellows, Zoning Manager Department of Community Affairs Department of Land Development Services Bureau of Local Planning 1800 N. Horseshoe Drive Attn: Shaw Stiller, General Counsel Naples, FL 34104 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 From: R. Bruce Anderson `F-z--- 7/24/2012 Item 8.A. 850 PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34I03 239.649.2700 DIRECT 239.649.6200 MAIN 239.261.3659 FAx wv.rw.rala.w.com@raii.w.com Re: The Parklands DR1 — Memorandum of Nodce of a Second Extension of a Previously Approved Development of Reglonaf Impact (DRO for the Collier County Portion of the Parklands Development of Regional Impact Enclosures/Remarks: Please find enclosed for your agency's records a copy of the Memorandum document referenced above re- -orded today which recognizes that The Parklands DRI build out date and Development Order expiration date have been extended pursuant to Section 380.06{19}(cJ Florida Statutes, as previously amended by Section 46 of Chapter 2010- 147, Laws of Florida. Should you have any qu�rs please fee; ee to contact me. Thank you for your attention to this matter. Service Notification: Recorded document of the _bove referenced recorded document no. 4505704 OR: 4632 Pgs: 3440 -3443 Memorandum of Second Extension of the Collier County portion of The Parklands ORl Extension and Buildout Dated from December 17, 2013 to December 17, 2016. Cc: Dan Trescott 635033.123155 -001 TOLEDO AKRON COLC343.1S C2'4CIN!.�T1 W:v a- M:cTON, D.C. T.I1L;Y.l S� FORT 1IrEP-S NAPLES .N — v.ralaw.com Packet Page -170- R--- he' N N r O N d' N I` �,. -��. +JUJ.VY vn 4oZt Pc. 544(J RECORDED 12 /14/2010 1:50 PR PAGES 4 DWIGHT E. SROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC 535.50 Property I.D. No.: Prepared without opinion of title by and after wording return to: R. Bruce Anderson Roet=l & Andress, LPA 850 Park Shore Drive Naples, Florida 34103 (239) 649 -6200 (Spate above this fire for rcording d:=) MEMORANDUM OF NOTICE OF A SECOND EXTENSION OF A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRiI). SECTION 380.06(19)(c), FLORIDA STATUTES FOR THE COLLIER COUNTY PORTION OF THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ALL OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 30 Fr.ET CONVEYF) TO COLLIER COUNTY IN OFFICIAL RECORDS BOOK 484, PAGE 533, OFFICIAL RECORDS BOOK 548, PAGE 881; AND OFFICIAL RECORDS BOOK 548, PAGE 883, A.LL IN THE PUBLIC RECORDS OF COLLIER COUrt-TY, FLORIDA. TOGEnIER WITH: THEP WEST 60 FEET OF THE SOUTH 30 FEET OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Subsection 380.06(19)(c), Florida Statutes, as amended by Section 6 of Chapter 2007 -204, Laws of Florda, extends for three years all phase, buildout, and expiration dates for projects ubat are developments of regional impact and under active construction on July 1, 2007. The three year extension is not, a substantial deviation, is not subject to further development of regional impact review, and may not be considered when det=ining whether a subsequent extension is a substantial deviation. :AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) BEFORE ME, th e w, id ers;� ,ed authorty, on this llw"A day of 0, personalty appeared, R- Bruce Anderson, attorney, who is to me well !mown, and Raving been sworn upon oath, deposes and states, I am. an authorized representative of Parklands Associates I, LLLP and F-ge I oft 7/24/2012 Item 8.A. hereby give notice of the recognition and approval of a second extension of the Parklands Development of Regional Impact in accordance with Subsection 380.06(19)(c), Florida Statutes. This notice supplements Collier County Development Order 85-4 as amended and that certain Memorandum of Notice of Extension of a Previously approved DRI recorded in OR Book 4619, Pages 1834 -36, Official Records of Collier County, Florida. Attached hereto and incorporated by reference herein as Exhibit "A" is the original executed letter from Collier County recognizing and approving: Extension of the Expiration Date of the Parklands DRI Development Order No. 85-4 as amended from December 17, 2013 to December 17, 20I6; and Extension of the Parklands DRI Development Order No. 85-4 as amended Build Out Date from December 17, 20I3 to December 17, 2016. FURTHER, I, R. Bruce Anderson, state that I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, Southwest Florida Regional Planning Council and State of Florida Department of Community Affairs Bureau of Local Plannina. DATED this-jq-.—;k day �r�%Gc,rubc -r—; %Olfl t R. Bruce Anderson STATE OF FLORIDA ) ss: COUNTY OF ( ?,2 ) The foregoing instrument was acknowledged before me, this i day of x° 1 2010 by R. Bruce Anderson, who is ( Y ) personally known to me or ( ) has produced as evidence of identification. Notary Public NOTARY RUBBERS PAT OR E2 LAM s- -� n'7Cr�is�tAT4.TUt2 I 6ttl� il7ltsr f Ptt ltae'�i�s 638562 v-01 ! 1231551001 Cf? Printed Name 1? 547A ,:r - Cam:-Itission No. Expiration Date _ P:iac 2 of 2 _ __ Packet Page -172- i N N O N d' N ti AFFMA-VIT OF COWLLkNCE I hereby certify that pursuant to Ordinance 2004 -41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deerned those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be not f ed. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. - Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. �L-� v/ t'�' (Signature ofAppiicant) ROBERT L. DUAh1E (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was aelmowledged'before me this 26th day of July, 2011 by ROBERT L. DUANE who is personally lmown to me or who has produced (Slgua tN re of Notary Pub-11c) Printed Name of Notary RBW:5ed.• 7126111 as identification. H:\201Ya0100-7'R,DTUD AmendnnfN— i&11,kffldavit ofCompuance -1111A 7- 26- 11.doc (.7f10tary Seal) = r M COMMISSION:kD➢755616 9 EXPIRES:March S, 2612 7/24/2012 Item 8.A. Packet Page -174- "M HOLE MONTES 04ME:.RS • PLANMi RS • SURVEYORS LANDSCAPEARMTECTS 950 Encore Way - Naples, Florida 34110 - ?hone: Z39."GS4.ZUW • rax: July 15, 2011 Re: The Parklands PUDA -PL- 2010 -1551 & D OA -PL- 2010 -1550 HM Pile No.: 2010.047 Q Dear Property Owner: o6 Please be advised that the Parklands Associates 1, LLLP has made a formal application to Collier ECounty to rezone 642-± acres known as The Parklands Planned Unit Development (PUD) to The Parklands Residential Planned Unit Development (RPUD) in Section 9, Township 48 South, N Range 26 East in Collier County, Florida. The request is also to amend The Parklands T— Development of Regional Lrnpact (DRI) Development Order to make it consistent with the N proposed zoning change and to extend the buildout date. The rezoning request is to reduce the maximum residential density from 1,603 dwelling units to 850 dwelling Units, to el :m Hate the j golf course and to increase the size of the preserve area from 158= acres to 341± acres, and to include miscellaneous changes to the development regulations. The application also includes the County's previously planned extension of Logan Boulevard north to connect to Bonita Beach Road in Lee County. In compliance vdth the Land Development Code requiremer_ts, a Nei6hborhaod Information „ L� L , , + - �e T,,,µ an n,n,nnrh1nit7 to 1,Pce,rne fally aware of the development ttsee�iui4 Mll e i cLU �v prc J rr- - - - -� intentions and to give you an opportimity to ask questions. The Neighborhood Information Meeting will be held on Monday Au¢ust 1 2011 at 5:30D.m- at St. Monica's_ Episcopal Church Fellowship HaII 7070 ImmokaIee Road. Naples. FL 34119. At this meeting the petitioner will make every effort to illuslaate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Very t 7uly yours, HOLE MONTES, INC. R.EPRESEl�'TD G THE PARKLANDS ASSOCIATES I, LLLP Robert L. Duane, A1CP Manning DT.-reator RLD /sek ;.12010\20 €004T1p D`pUDA__dmen:N, _proper.yQv:ne,-Leue; 7-I5- 2011.daDz ldaples - Fort h§yers use Avery* TeMDlate 51600 .BER, PAUL S YCE M GERBER ., 81 FITGHCROFT DR NAPLES, FL 34119 -8443 GILMAN, KENNET3 6363 HTGHCROFT DR NAPLES, FL 34119 -8443 vw S M -&PLES LLC 3927 AMNOLD AYE MAPLES, FL 34104 -33,a - MOUKIOS, PETER FRANK AC C-4- GEORGE Ic2ONHELy= 1133 TICE PL vr'ESTFIELD,'_NJ 07090-27/41 QUAM Y1EST FOUNDATION Z qC 59 :0 L'URh'HAhl RD NLES; FL 34119 -9400 ra:oNm45, JON GF.EGORY i =lA AXN THONU S 164 CHAR=S PARKDR CO U-N= BLL'F S, L4 51503 -8411 w S NAPLES LLC 3927 ARNOLD A tiVE NAPLES, FL 34104 -3373 H4GAEE, J�_yly -S & ir1AI2Y 7yri 6271 M GHCROF'I DR NAPLES, FL 34119 -8496 GLOBE STER HOLDD GS OFF-]:-'-- LLC 1�T,R71V' HOUSE; 6 P.ID(3EWAY- ST DOIIGT_ 4S s-,l OF I�L��v L4i? IFL SANDPIPER REAL EST ASS OC LLC 14440 JAIETROPOLTa Avg STG 103 FORT M ER- , FL 339'? -4364 trio eiips faciles a peter utuiseez 4e gabarit AVERY 51600 Feed Paper � expose Pop-up EdgeTM KEENAN, MARK A JOHN C IME 4AN BRADENSKOEGEL 500 PICIG ORD PT LONGWOOD, FL 32779 -2854 MA CKENZIE TR, MORI C aORI C MACKENMM TRUST LSD 9123/04 635-1 HIGHCROFT DR NAPLES, FL 34119 -8443 FLORIDA LIFESTYLE H ONIES OF FT MYERS LNC 1444011, ETROPOLLS AVE STE 103 FORT MYERS, FL 33912 -4364 R% S NAPLES LLC 3927 ARNOLD -AVE N ,iPLES, FL 34104-3373 QLi 4_IL WEST FO: NDATiON L iC 5950 B RINM RD NAPLES, FL 34119 -8400 FREEMAN T'R, ALAN C LAIC TRUST 13891 JETPORT LOOP STE 9 FORT M- ERS, FL 3391-33-7716 Qom= PROPERTIES LLC L00 l7S BSGa-W AY 46 Cr=07q. NJ 07013 -244-10 DLN-r. , C 4EL T & ?rLa-RY S 6265 MGH. CROFT DR I*tAPEES, FL 34119-8496 GLOBESTAR HOLDINGS OF FLA LLC p,T;RRrt HOUSE 26 RID GE' AY ST DOUGL•45 TeT .F.. OF 7-ILA- Lval 7/24/2012 Item 8.A. LAWRENTZ, DANA R & REBECCA S 6369 ffiGHCROFT DR NAPLES, FL 34119-9443 W S -11-T- 42LES LLC 3927 ARNOLD AVE NAPLES, FL 34104 -3373 SOLOMON, R_4PM4EL A 84 EUSA LANDI DR IM'VGSTON, NY 12401 -7405 QU ?-IL Fv -EST FOU?N79ATIOIrT ]2 C 5950 BLIINED -M RD 1. ULES, FL 34119 -8400 LRONSTOI�M BlUNK .o JONr-,S, WALl= -, _ WAECHTZP- poFM -F_l T, CARRERL & DMNEGRE 601 RP.ICZ= KEY DR STE 500 Iv4 -3-7,41, FL 33131 -2699 CASTHELY,YAN?CK 6297 MGHCROFT DR Iti,PLES, FL 34119 -3496 RLBT -N, J'F.-VF. Y 5651 ULES BLVD NAPLES, FL 34109 -2023 W, S Zti4PLES LLC 3927 A Iu OLD AVM.' NAPLES, FT 34-104-33—,-, POD _N ly,1�L�UR= L 6241 HIGHCROFT DR MIDLES,FL 3A1_5L 8 96 BOY; KOR7�i, JASON H & SAK4 - -- ' S 6= HLGHCROFTDR 7165 _lAULL RUN- CIR ?tipLES; 34109 -7'18 N4PL -u , FL 34119 8496 A, tq hadwe aft de ; wwwzvBry =M E & Packet Page -176- 5Ord pOP� t- r3D0 -�0-,4 ri arq N N r O N N ti U5erAvery® Tem01ate 51600 °_ A IH,A NTDS ASSOCIATES I LLLP 1600 SAWGRASS CORPRT PKWY ##400 SUNRISE, FL 3332_ --2890 PARKL -A 'DS ASSOCIATES I LLLP 1600 SAWGRASS CORPRT PKWY 4400 SUZZRISE, FL 33323 -2890 U:ICOLLIER JOLNTT VEN'TURE ROBERT G CLAUSSIEN PO BOX 10489 NAPLES, FL 34101 -0489 LYYFCOLLIER JoLN'T VENTURE % ROBERT G CLAUBSRN PO BOX 10489 N� pLES, FL 34101 -04$9 LpYICOLL.= JOLNT V'EN -l- THE % ROBERT G CL- A.USSEIN PO BOX. 10489 NAPLES. FL 34101-0489 i B OARU VF c017-[ l l C 1-- -lsTo' =Ro- '9F COLLRER Cou --ay 3299 -TAI AMI TRATF FAST, SIE_303 MAPLES, FL 34112 -5746 V=N\TA. TEL DEBRA LYYN PYL4UC-= FA.ti=Y TRUST UTD 12/23/99 13555 POND APPLE DR E 21LAPLE S, F? 34119 -95-69 QUAIL WEST FOU- ?DATTO -NLNTC 5950 BUR',13AIMRD N<4Pl,ES, FL 34119 -13400 . ROSS TR, JOB N & RU i L ROSS FAA RLY TRUST = 02/15/90 13296 LA AZ R— 0 CT EST/- 0, F3. 33928 -6390 QU_ M WMST FOUNDATION INC 5950 BuA"rZ4_M RD Tj PL -ES, FL 34114-8400 1�:iquettes'[a[iles 3 peter Utii is--z le, gabari t AVERS 51600 Feed Paper — expose Pop-up Edge l4 i PARKLANDS ASSOCIATES I LLLP 1600 SAWGRASS CORPRTPICvYY'4400 SUNRISE, FL 33323 -2890 . IMCOLLIER JOINT VENTUTF2E % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VEN'TURE % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 LMCOLLIER JOINT YE- n -u-RE ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 17MCOLLIER JOTlv`T VEl`TTlTRL % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 nTTA Tr. GFEST_.-rn 215 CEIEBRA'HON PL STE 200 CE EBRA.TION, FL 34747-5421 GFRT..gCH TR JANIES M JA -NINA GERI. A.CH TR GERLACH COQ PROP TRUST UTD 6/12196 PO BOX 13. 306 CT F:RNIONT, FL 34713 -5306 QUALM WEST FOUNDATION 12NC 5950 BURIN:HA -M RD NAPLES, FL 34119 -8400 W S N_r.PL1S LLC 3927 ARNOLD AVS NAPLES, FL 34104-Z373 IgCuOLSON, SOIL-? F TINA MCHOLSOIN 8543 BELLL•AGIO DR N`APLF3,FL 34114-6434 A Repllez § le FmhQre afm de i Sears der# r�vfier le rahord Fok -ups" � T� l'4Vl�EiE"-"�i6U" I 1.� j COLLIER CNTY IMCOLLIER JOI NT VEN'TU'RE % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, .FL 34101 -0489 IMCOII= JOINT V-Eh i URE % ROBERT G CI.A.USMN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOLNIT VMN iJRE % ROBERT G CLAUSSE 7 PO BOX 10489 NAPLES, FL 34101 -0489 GlHDEVFMOP? ^ANT LLLP ST=. 300 1600 SA_WGRA.SS CORPORA.TEPR,'WY SUNRISE, FL 3332 -2891 C- 4VIIOTo. Dolvnis`ICb CANUO TO, -=A. MARS 4988 POND APPLE DR Ni NAPLES, FL 34119 -8584 QUAIL WEST FOUiNDAITON ETC 5950 BURN-HAM RD NAPLES, FL 34119 -8400 1' SLI LANlL Dm'= PO BOX 110127 -NLA 21ES, FL 34108-0103 QUAIL WEST FOUNMATION RNC 5950 BURh�AArM RD N TLES, FL 34119 -8400 CAR-' E2, PATSY-D 6387IUGHCROFT DR NAM FL 34119- 84<i13 w wr--Very-cmn i 1-800-60-AVERY Al Use Avery® TernD!ate 51600 r)UAIL WEST FOUNDATION 1NC 50 BUR'NH4M RD .A.PLES, FL 34119 -8400 GILROY, WiLLL�M F & 3RENE L W 6215 HIGHCROFT DR :riAPLF:S, FL 34119 8496 FLORIDA LIFESTYLE HOMES LhTC 14440 It T ,OPOLL4 AVE STE 103 FORT MYERS, FL 33912 -4364 CALRROLL, DANIEL F & .T-A -N= F 5872 RD NAPLES, FL 34119 -84431 SOSFT J7A ; B_4SSlL RAN & GRSCY 225 T- UR-NBERRY CT N A iT R'TT.S, FL 33462 -1028 IFeed Paper � expose Pop -up EdgeTMt i QUAIL WEST FOUlMkTTON TNC 5950 B uRNHAM RD NAPLES, FL 34119 -8400 I,'f&N'N ET AL, YARNZr 14 SERENA. LANE GUELPH, ON CANADA T,' IE7 LEWIS, DAVID BRADM4 S KOEC-AL 821 =WOOD AVE ORLANDO, FL 328047222 WOLFORT TR, DAVID A BARBARA V W OLFORT TR DAVID AWOLFORTLIV TRUST B-ARBARA, V WOLFORT I.IV TRUST 70 RIDGECR=TRL MORE.7•AND HILLS, OH 44022 -2379 JOSHUA, B_A SYLLP AN & GRACY 225 T Gam' MERRY CT N ATL.-'QNTIS, FL 33462 -1028 7/24/2012 Item 8.A. 15? rte- —" , -- ..s ,vv i FREEMAN, ALAN C 13891 JETPORT LOOP STE 9 FORT MYER.S, FL 33913 -7716 HAYES JR, NORMAN R & AIdCE S 5000 ROYAL Y1ARC0 WA_Y LIB £T 436 NLA RCO ISLAND, FL 34145 -7800 FREEV. —AN, ALAN C 13891 JETPORT LOOP STE 9 FORT vtrZTRS; FL 33913-7716 QUAIL WEST FOUNDATION INC 59 0 BURNHA —TYIRD N<iPLES, FL 34119 -8+00 ,TC, -=A_ BA.:SK..':RA N & OR A CY 225 TGRNBF -2RY CT N ATIL4Z^�LS, FL 33462 -1028 igr�es faciles a filer ; �� ,_eps is Faci�c.� a dar�sr�ry.cotn i tF�Eisez le.gaharit AVERY6 51500 j a�arge Packet Page - 178 -'� Pop-up 1 t- �t3tl- C3 �ivcx�Y Use Avery@ Template 51620 Feed Paper Quail Creek Village Hom-- o-vvners Assoc, 11875 Quail Village Way Naples, FL 34119 Olde Cypress Master Association Q 3045 Olde Cove Way °0 Naples, FL 34119 E a> N T- c:) N d' N ti Quail Creek Estates 4886 Pond Apple Drive Naples, FL 34119 ftiquettes ladies a peter �& Sens de u tIisez le gahartt AVEERYO 5162 chanaement expose pop-up EdgeTM' � ! Mary Gibbs, Director of Community Developint- Lee County Zoning & Planning 1500 Monroe Street Fort Myers, FL 33901 Quail ',Vest Homeovmers Association 5950 Burnham Road Naples, FL 34119 Quail Creek Property Owners Assoc. 4886 Pond Apple Drive Naples, FL 34119 RapG�— a:a Fachum a I.M de t -trnrl mve;y.0 m I rMle r le rabord Pop -ups ;- 80D-C-D -AVERY 1 7/24/2012 Item 8.A. =pARRIANDS NEIGHBORHOOD INFORMATION MEETING AUGUST 1, 2011 ll:',20i0`,20l0047'Rl.D\PUD S'gr.-In She=-tdoc Packet Page -180- ADDRESS TEL. NO, NAME iv 7 �7,7zfs Pt J-11 C:(-- F —2 SS T A x- Z9-1 41 LL f 13'& SX-16-16 ZZ7 ll:',20i0`,20l0047'Rl.D\PUD S'gr.-In She=-tdoc Packet Page -180- THE PARlKL ADS PROJECT PROPOSED CHANGES The parklands pUD/DRI was originally approved in 1985 to allow 1,603 dwelling units. The principal changes are as follows: 1. Reduction in the number of dwelling units from 1,603 to 850 units. Q C 2. Elimination of the golf course. E 3. Increase in the size of the preserve area from 158= acres to 341± acres. N With regard to the proposed uses, the principal (primary) uses are essentially the same. These Ninclude single- and - multi- family uses, a site for a public school (15 acres) and recreational N facilities as set forth in Exhibit A the proposed use, list. ti The .proposed use list, Exhibit A, generally only differs from the current PUD with minor changes to the accessory uses. These include eliminating a park site, a chemical storage building for the golf course, and miscellaneous changes of a similar nature that will have no discernable impact on nearby properties. These save changes are proposed for the DRI Development Order to -make it consistent with the PUD, along vrith a proposed extension of the DPI buildout date. 7/24/2012 Item 8.A. %J 7 ' PROPOSED USES Packet Page -182- i ;I N O N N ti 1. E =IT A PERMITTED USES mooing, I 1 GENERAL USES PERI\=ED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A Permitted Principal Uses: 1. Agricultural uses including related accessory uses and strictures. Agricultural uses in any particular area shall be completely terminated pri or to the issuance of any residential building permits for that area. 2. Essential services as provided for in the LDC that do not require a Conditional Use. 3. Water management facilities and related structures including 1 kes with or vrithout bulkheads or other architectural or structural bank treatments. 4. Playgrounds, playilelds, lakes, comrnorly owned open space, and pedestrian sidewalks/bikepaths. J. }-Q.L1.G L1aiJY Qtivil. 6. Landscape features including, but not limited to, landscape buffers, be and walls in accordance with the LDC. 7. Model homes and sales centers. 8. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). g. Parks, recreational facilities and community centers. 10. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. 'Tennis clubs, health spas, dining facilities and other recreational clubs pr-=1a ily to serve rasidents and guests. Comm, ,];' ty maintenance areas, maintenance buildings, nullity storage buiildj (-gs, irrigation water and effluent storage tanks and ponds. Page 1 of 18 3`20101201004iPL71PL��TieadLr LL 2ndRtisa ttal\TneParkjm&RPTJ JDA -PL- 2010 -15 -1 (7- 20- 2011).doc 7/24/2012 Item 8.A. 3. Signs, as permitted by the LDC provisions in effect at the time building Permits are requested with deviations as stated in Exhibit E of this Ordinance. 4. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 5. Docks, piers and the like, for residential use constricted for purposes of lake recreation for residents of the proj ect. 6. Shuffleboard courts, tennis courts, volleyball courts, sw mming pools, tot lots and other similar facilities intended for outdoor recreation. 7. Accessory, incidental and subordinate commercial �--tiv ties such as, but °d herein, shall be of such scope and size and not limited to, those prOr- -e proposed intensity that they are prirzarilY used by residents and their guests. 8. Commercial/retail establishments, including tennis eq:iipment sales, gift shops, restaurants, cocktail lounges, and similar uses, intended to p=arily serve residents and their guests. 9. Customary accessory uses or structures incidental to recreational areas and/or facilities, and Structures constructed for the purposes of Mten+ ance , storage, or shelter v -th appropriate screening and ma an landscaping. '�n ale��m- nzn?Cat1oS faC� }i�e5, mcluding DLit not limited to, C11 'L al, EbPr j optic, microwave, sateLlite, UHF, V��; Fl�r, AI�Z short- v -ave, and other sending and receiving facilities and structures, subject to applicable permitt„g and written approval by the developer or master hoirieowners' association that do not require a Conditional Use. ?my other accessory use which is comparable in natcure with the fOregoiIlg uses. and is approved through the process set fo :,:th in the LDC at the rime of the request for such tJSe. 2. RESIDENTIAL (R) A. Permitted Principal Uses 1. gate_fa�Iy detached dwelling:. Single -Tilt' zero lot iy�e dwellings 3. Single - family attached and townhouse dwellings. Page 2 of 18 g;t?v i O'ZO100a7 rcLD`�U� A eadm "2nd su 1e Par' ds PDLD PUilA PL -?0 0- '_551 (7- 2G201i;.dec Packet Page -184- N N r O N d' N ti 4. Two - family and duplex dwellings. 5. Multi- family dwellings. 6. Model homes conforming to housing types described in 2.A.1 through 2.4.5 above. 7. Any General Permitted Principal Use listed in Section LA of this Ordinance. 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimm— g pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits acre requested including the standards of Exhibits B and E of this Order ucc. 3. Common area recreation and utility, facilities. 4. Any General Permitted Accessory Use listed in Section LB of this Ordinance. 5. Any other accessory use -,vhich is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. 2. Density may vary according to the housing type placed on each tract. 3. Single - family housing types may be mixed with respect to housing structure and lot orientation within the same platted tract, which may include single-family detached (zero- lot -line and non -zero- lot - line,), angle- family attached and townhouse. However, single - family and mult- family housing t;rpes may not be mixed on the same platted development tract. Page 3 of 18 Hl .2010 \2OIOO47;RLDTUD ATnendm:- nfi2nd P,�Ylmds RPUD PUDA PL- 2010 -1551 C7-20-2011).d cc 7/24/2012 Item 8.A. 3. PRESERVE (P) A. Permitted Principal Uses 1. Nature trails including boardwalks and pedestrian/bicyele bridges; 2. Recreational shelters and rest rooms in upland preserves only; 3. Benches; A. Viewing platforms; 5. Paths and bridges to provide access from the uplands; 6. Drainage and water management structures; 7. Any uses in addition to the foregoing permitted in preserve areas by the LDC in effect at the time of RPU-D approval; and 8. Any oilier principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. �?ccessory uses and structures customarily associated with the uses permitted in the Preserve ?_rea, including landscaping, revegetation and restoration; and, m;rlmum excavation, v,.'hen required for restoration or for water management facilities. 2. Any other accessory use which is comparable in nan, e -with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. A. SCHOOL SITE (S) Pe_ fitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless he developer or master homeov�er's association records a notice in he public records that this restriction has been waived in whole or in past. if so waived, any of the principal and accessory general and residential uses permitted in the RPLZ are also on the School Site. This restriction may b recorded in he pubic records and shall be included in tine deed to the School Board.. Page 4 of 13 !2 4aUD L��-=en``,2ad Re3lb�iCaffheP� k aaes RpUD PL'L A?L -2oio -':551 (7- 27 -i0i i )-nac Packet Page -186- N N 0 N It N ti 5 M 7 a B. Permitted Accessory Uses Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. BU -FFERS (OSB) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A anal determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. LAKES (L) A. The minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, may be twenty (20) feet if the right -of -way roadway access easement, or external property line is properly protected in the vicinity of the lake. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacentto LoganBoulevard-- Northri ght -of- -way (see Exhibit C -1). B. Project Entrance Signs: Two ground or wall - mounted Parcel- Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exbit C -1). C. See _P—, oit E for sign. deviations. CROSS SECTIONS A. See Exhibit C -2 typical roadway cross sections. Page 5 of 18 - 12 0i4' X010047 \RLDTUDfim- dMsat\2ndRes,Cn3itt -D PT PL-2010.I =51 -2: 20I2;.dec 7/24/2012 Item 8.A. THE PARKLANDS (PUDA -PL- 2010 -1551 & DOA -PL- 2010 -1550) NEIGHBORHOOD 7NFORNL4TION MEETING AUGUST 1, 2011 The N—IM for The Parklands RPUD rezoning application and DRI development order change was held on August 1, 2011 at St. Monica's Episcopal Church at 5:30p.m. The meeting was attended by Kevin Ratterree representing GL Homes who made the principal presentation and Robert Duane of Hole Montes, Inc. who made a brief introduction at the outset of the meeting. Also in attendance was Bruce Anderson, Esquire from Roetzel & Andress, representing GL Homes, Ted Treesh from TR Transportation and Shane Johnson from Passarella & Associates. Kevin Ratterree gave an overview of the project and history of the regulatory changes going back to 1985 when the zoning and DRI was initially approved. He highlighted the principal changes to the applications, i.e., reduction in the nurnber of dwelling units from 1;603 to 850, deletion of the golf course and park site, and increase the size of the preserve area from 158 to 341 acres. He then reviewed the past and proposed Master Plan changes and reviewed an aerial photo of the subject and surrounding properties. Kevin Ratterree also went over provisions of a potential developer contribution agreement pertaining to the extension of Logan Boulevard Options 1 and 2 that would govern how the road will be constructed. Option 1 is for GL to build the southerly portion from Olde. Cypress to the project entry by the time the first certificate of occupancy is issued and to commence construction of the portion from project entry to Bonita Beach Road when certificates of occupancy for 297 dwelling units are issued. Efforts would be made to complete within 1 year. Option 2 is for the County to build with a Joint Participation Agreement with (FDOT) betv,ecn July 1, 2014 and June 30, 2015 for the portion from the then terminus to Bonita Beach Road, which would occur soin etirae after July 1, 2014. He also indicated that Saturnia Falls (also known as Riverstone) south of the Parklands which is also under GL Homes' control will proceed in development prior to the Parklands. He also reviewed the permitting history of the subject property and nearby properties (Riverstone and Mirasol) in regard to the flow way incorporated into the three projects that has since been abandoned through the permitting process due to a settlement agreement with environmental agencies. Also discussed were the provisions pertaining to the public school site which may or may not be built. If not used as a public school site, it could revert back to the developer. There were a few Taestions from the at-tendees: 1. How long for the project to be built-out? Mr. Ratterree answered that depending upon market conditions. It could be 7- years depending upon the build out of Riverstone. H ,2019,2010047JRLDTUD ArrmdmeutNII+flNIM Minutes 110805 Fiaal.docx Packet Page -188- 2. What type of product will be built? Mr. Ratterree indicated that it would be generally single - family units with a mix of some coach homes. 3. After the meeting closed there were also some questions pertaining to impacts on roads from several attendees. Ted Treesh advised them that the extension of Logan Boulevard could readily accommodate the project's impacts for this and other projects in the Q vicinity. He indicated that the County would coordinate traffic safety measures and 06 control as needed to maintain public safety. EThe meeting was adjourned at approximately 5:50p.m. Kay Deselem from County staff was in attendance and was introduced but there were no questions for her. The handout provided at the N meeting is attached. 0 N N ti H 2G10\ZO1G04TRJ�-;PUD Amendment��vP LVI Minutes i 1G8G5 rinal,docx 7/24/2012 Item 8.A. SIGN POSTING INSTRUCTIONS (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TENT (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Robert L. Duane, AICP WHO ON OATH SAYS THAT HE /SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION`T 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDA -PL- 2010000 -1551 and DOP- -PL- 2010000 -1550 Hole Montes, Inc. SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Robert L. Duane, AICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 950 Encore Way, Naples, FL 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 15th day of May , 2W201$y Robert L. Duane, AICPpersonally known to me or who produced as identification and who did/did not take an oath. t STEPHANIE KAROL My COMMISSION # EE 163504 EXPIRES: March 9, 2016 � a Bonded TnruNotaryPublic tlndemfiers My Commission Expires: (Stamp with serial number) Signature of Notary Public Stephanie Karol Printed Name of Notary Public FAWebsite\AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc Packet Page -190- 4 ' �• I 1 � x I .. t 1 � 4 I 4 fl_. 1 1l ^t ' 1 I 5 f } \ 7 1 •I A;.4 t t I I 1 1A. � i 5: I Ye i�..wx..y�T qlJ Ri1Ti`i�T�A'i(R!\l. I} ��(S {)Iy4f�r Yy�i�T1 yai2�� p}l47 7Y ,17; '� ff��f ,+ h 11M. 1JR07r :0 p��7t� 0O$xbn 155 8 bElx C \2��tl,1 {jjjOtlD�gxi93o � '�YSMdfi OW ml lr;�T �tllY�i'M! W VI yM 5f4ib14C�lL��i yp} KLQ�611 M Y'�flWf d6�d� , M1� Kifn{ �Xfl f ry l K! f) ARM nt4r # �4�iM 115 l iY 0 C - y*, $ip �'Y1I n1� kif�ire) u 1s arW� X it Ap V Ib .� 4iMY t h JHI'4hi +1 .. cvanc ue maec� nci�j�ymN fl" � tC t �a1e JmieJu aqu :9aata iCf R ii ! Jlf.# 40 F io'x :'70RaiL ma1����J1P tAx3'AI t � s F 4 lifGTON YJfc1Eq c111er1 c0VFY5afrt iEK'F,If ib9�11 'iPliTf�:R�l0f9dt7NP4�Yt$Gf,, f I �,IRt 1pilwd'ACErI f357 E.1AAMI�I,Itlk MY3:f��LfAaµ ONIi"` 1t ;�,.� ?�Ke 4� l 1 4 ' �• I 1 � x I .. t 1 � 4 I 4 fl_. 1 1l ^t ' 1 I 5 f } \ 7 1 •I A;.4 t t I I 1 1A. � i 5: I Ye i�..wx..y�T qlJ Ri1Ti`i�T�A'i(R!\l. -n v n m a� m N lD N 7/24/2012 Item 8.A. y �°i�p�y i f ys4i, 1 r" yqy .k /5q Sv n { sit ljat l�" , i + u � .,m64,as � X . �� ; fh 4y.Jre 1 W'k ,.1i A Ji �.• PARKLANDS DEVELOPMENT ORDER(S) /AMENDMENTS Exhibits A. D.O. 03 -02, Res. 03 -302 q B. D.O. 02 -2, Res. 02 -329 E C. D.O. 99 -3, Res. 99 -382 D. D.O. 93 -1, Res. 93 -288 E. D.O. Amendment Res. 85 -267 N F. D.O. 85 -4 N ti 7/24/2012 Item 8.A. Exhibit "A" PARKLANDS LAST DEVELOPMENT ORDER AMENDMENT DEVELOPMENT ORDER NO. "03 -02" RESOLUTION 03 -302 Packet Page -196- t DE V'ELOiPMEN T vRDER Psi U -50BER 03 - 0 2 RESOLLMONNUM13ER03- 302 Board) k urw end Dov l,=ent r?taz 83-4 (the IDtn;-- 1opM"mt O'de7) on Sm�t`i.combei _0> 19$3, wrtTCil y3ivY'G fi�LY °vtvFuv 5�R °vim GFZGi 7- �2Ct � i E� I --awm a5 the Pa idand- iL.= t_t_5; and vV� EAT, thv Appllcation- for Develop eut .Approvel CADA j „ as _acorpo_a�el ?s by r2 °tv�Ce'_rvr 8 2 v^r :'�?9 rad #Cpm�t Ord and, ' i.- ,A9, T1eve1--pa?ent Order 85-4 has bra Est -TumLd am-fidPd en cembsr I I, I� 85, 3uly 27, 1993, S tember 28, 1999, and July, 30, 2002; and, A RESOLUTION AMEEN'DING DEVELOPMENT ORDER 85 -4, AS AMENDED, FOR THE P_ARKL.4NDS DE-VELOPMII NT OF REGIONAL IMPACT (DRI); BY PROVIDING FOR: SECT ION ONE: AMLNM- V- ,.EN'TS TO THE DEVELOPMENT ORDER, INCLUDING kMENMNIENTS TO TIC? FINDINGS OF FACT SECTION TO REFLECT C''Lk- GES IN ACREAGES FOR; COIvLPONEN'T'S OF THE PROTECT, TPW ADDITION OF A Q CONW- -PISON TABLE; TO THE CONCLUSIONS C6 OF LAW SECTION AMENDING THE FOLLOWING NG SUBSECTIONS E EDUCATION SUBSECTION Or T-±l—P CONCLUSIONS OF LAS' CU SECTION TO PROVIDE FOR ivy ONEET A.RY PAYMENTS EN LIEU OF i= DEDICATION OF A SCHOOL SITE; ANT DiY7a.'TS TO THE N FISCAL SUBSEC T 1ONT TO PROV1' -DE FOR - MONETARY PA)yhil STS C) TIV L--lHU OF DEDICA110NS OF A SCHOOL SITE AND PARK SITE N AND TO PROVIDE FOP. = CONS 1RU 3IONT OF A SEGMENT OF Rt LOG-A2--T BOUL EV -URD; zlyiENID — TENT'S TO T-HE HOUSE G N S ' U I SECT -'ION TO PR OVIIE FOR A HOUSENG ANA YSIS FOR TTHE COlvii� PIC T COIvTONEIN L OF THE PROTECT LOCATED IN LE E COUNT ; -AMENDMENTS TO zr• TPANSPORTATION SUBSECTION TO REFLECT GIANGRES F!�7 THE RBGIONAA I TP-- NSPOPRTA 1:014 COlyfYMMEENTS OF 1HE PROa .CT TNCLULING THE CORTSTRUCIION.OF A SEGMENT OF LOGASI DOU?EVAptiD; A7v—'MZD!v Ni S TO -I=H LE 2ITR0G DEV7ELCP'r Ni SUBSECTION TO MAKE M_,TroR. L_AI•;GUAGE C-T LNG S; AVE-E a _.�: TS TO icy GEN -F4_A— CO TZ-� iR� EONS SL SEC ION TO hLA_KE I EIJOR L- AINTGU ;AGE CI-LA24GES; A- MEND?:�- INK'S TO THE WAT R M- ANLLyGEMIE— SU-B SECTION TO 1vLok_kE IYf]2`70R LANGUAGE al- iNGE�S; Alv NDMENTS TO HIE, �iN 5��"iOINiV.�,_n1i_A CONS IDEP A '- IO,",S S- (JD.S -1 1 �1 10 ^J---D LTDATED LA_xGUAGE FOR a-4- IR0Yi NiAL- vvT.'iiF'lfffrl�Y n J, =1YI . •.t :J ±Yi. ^rt\ 15 -10 li"'_E 6 1fi..iS i J•`UI.3 `JE IIU ]-N TO NI K_. L_ 'NIGU__L:E C.cl_�ruE.., -Alv .�:iv�iviEly /S TO T'r'y P.�R S 2,M -jP 1 SP ACE SUBSECTION T O PR O V 1�3E FOR LION r.TARY PAY N ETN1 TN ? MU OF DEDICATION OF A PARK SITE; A TEIN�'i iEiN'! S TO F',lTTv PTIONTS TO SUBDliiSIG REGULATIONS TO LjlDAi� i_'r.R PRE' �71©OSLY REQ)URSTED. E- D•ITTIONS TO CURR✓- I -L_? -,TD D--l'v N.LOPl EN CObE EXE1,4PTIONS FROM CURRENi SUBDIVISION R �Oi3IRi� v -15; uECTION 1 Y~'O: �TDINGS OF e l ACT; SE CTI10N TrRtEE: THE CONCLUSIONS OF LAW: SECTION FOUP, CT OF PPsYIOUSLY ISSUED Dr- -VEEL,LJl"MJ -L T ORD -;rtiS, FANSIvffiffA7 TO THE DEP —% Rl-lvl E-N i OF CO?.R�'UltiTry FF2AMS, AND <RO :DING FOR AN 1. :. DATE. Board) k urw end Dov l,=ent r?taz 83-4 (the IDtn;-- 1opM"mt O'de7) on Sm�t`i.combei _0> 19$3, wrtTCil y3ivY'G fi�LY °vtvFuv 5�R °vim GFZGi 7- �2Ct � i E� I --awm a5 the Pa idand- iL.= t_t_5; and vV� EAT, thv Appllcation- for Develop eut .Approvel CADA j „ as _acorpo_a�el ?s by r2 °tv�Ce'_rvr 8 2 v^r :'�?9 rad #Cpm�t Ord and, ' i.- ,A9, T1eve1--pa?ent Order 85-4 has bra Est -TumLd am-fidPd en cembsr I I, I� 85, 3uly 27, 1993, S tember 28, 1999, and July, 30, 2002; and, 7/24/2012 Item 8.A. it is desim le tG incrpor -te tii of these prcvlous De v eiop pent Order / amendments, as well as the amendments approved herein, into one consolidated Development Order; and, - WIEREAS the Environmental Advisory Council (EAQ has reviewed and considered the report and the recommendations of the County Staff and the Southwest Florida ReeiwW Planning Council (S)NTRPC) and held a duly noticed pi:blic hearing to consider the amendments to the Parklands Development Order on June 4, 2003; ?YTTERE4S, the Collier County Pl=. 'ng Cornmassion has reviewed and considered the report and the moornmendations of the County Staff. the EAC, and the Southvi-est Florida Re.onal Planning Council (5 v� RTQ, and held a duly noticed pub-lic hearing to consider the amtn:Lnents to the Parklands Development Order on June 19, 2003. v rEEP.Ac, the Board has rev- _mw,5d and considered , the report and, recoimenda iGrs of the County Sta14 the EAC, the S wTFRPC and the Collier County Plan -2 Ccmnissilr, and held a duly notice )nD is hea -;gig to c*=ider these ay =,a:, =!eats to the Par!--_-!ds Development Order Set fortes herein on Tune .9t', 20f'3, and he Board has Q�teI"�is? @+i :gat the proposed _�visipns to Parklands 1_ieve10- omfrnt Carder 9-1 -4, as amend °ed., do not a deviai!on rrLh� develcpM ent of_e� Dual a t ' OY'Y" 1`t'.` .t��3'_� 2— = l� i� ��0� V .D By !�~ BOARD OF COL 1Z CO'v�aSS10 SRS GY COL.? R COUNTTY, FILOIRID A )hat: SPC771%sN ONE: TO _11; E DEyEP.OPN MN 1 ORDER � A. Pg Raraph 4 of the rinninx of F' ?�^' Se` an o_ Dervet___.- 00r�=- .. - ::.✓� +csuF,uicut V_t!vf off-- -. as ain tnrie d, for rLe Fark! nds DIU v hz:reby amended to 'reaa^_', as folio -ws. i' 4. the aoplrCant pr:,p ores the development of Una- Parkl�.ds Planned Uri t Le<el^ : _ -> u t, 2 c.� acs 1.6503 residen ial (sin g_° v family a_d units on appro);- m— at-ely, 931.. 143.2 acres at a gross density or 2.5 units per acre s-d ;_, accorda-±ce with the Conversion fable set _`"o?Eh be]oy+: =ecieat:on open spare and -Dresenyau-ion areas (apprGX =t-? &=ply �`� � � 431 acr:aj vyhrch will. include a 27 -hole ?(If course and club (app oxi lately i r,.3 iSO arres). a 7.23 -_m Coon y Park site, a fl: 13 . (l5 M acre so- 1 -tie, gro rds a d main) tca -R-nce ` ' ces, cea3 "cl watur aicd sewer fkaihitias , and the see sired ri- rite- of -;Y�sy and /or roads 045.6 acres). Lr\ I C07- =- �C�I -DN T1 -3 unif= Fi.S -5'i Multi- fa-4 )v units convert to une f..Q1 sine c-f--mily unitl. Packet Page -198- N N r C) N It N ti 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 SWFIRPC's estimate of students added by the Parklands to the school system and the cost for required school construction SNVFRPC recommends that the applicant contribute a school site to one of the two school districts. This contribution is warranted by the need to mate the project a More self-sufficient, self- standing community. The dedication of an on -site school site also mould provide the project with a needed community center. Condition: A fifteen (lo") acre school site shall be donated to the Collier County School Board, per correspondence attached as Eihi'oit C. If accex; table 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 Dayrnent in heu thereof. C. Section A, Paragraph 5., Fiscal, of The Conclusions of Law Section of. Development Cider 85-4, as amended, for to Parklands DPI is hereby amended to read as fbllo -,!s: 5. ; iSCtkL: the location of the project has caused several issues that would no_- unally be of local concern to become regional in concern due to the need for the tY'o counties to coordinate services. Pam of the concern for coordination is for adeo_ate ilnanGial resources to be available for FTdina the sere ices. The f'-cal impact analysis indicates that in the Brst year of the Lee County portion of aye project, ' 1'he Parklands" w-M y?eld ne_ea till'. net ffscai impacts on b02Il the, 1 ee Co: L ' �oveiT -- -_t C the SCLo01 L7v ^aL€i GP�t2 -g bIICgeLS. Ln the ;lr L tree yea 61 i c COfli'vr Coon y p'v_}c_{3_ of'tlle L��k'v1G'e7.t; i.C° project will have a negative impact on the Collier Co mty School Board. By tune second year of the L ee County pordoa and each year here na er, -The Parklands" .viii deliver a positi r e net fiscal impact on the Opera rL- budgets of Lee eCounty, Bove -nmvnt sad both co,laes' school boards. he impact on thtc Coiner County government_, hewsver, .rill be negative for ad years. The appj -icant will make com rm- i'3i" emits that vfili cause the project to yield a neutral or positive act kcal impact. ?n Collier County, Escal rninga-fdon can be achieved by regZ- -ng.the developer to .c'- 5 a . a'� cam � cameo: ��._ ! elhieL ceiia�,�,`e :asa ef the -- qee not claim agricultural e:;:emi o=, fr_,r =ldevelotped phases in file Collier portion; and to require the dedicai -a Of public fi�uii-ies to sue- ve he population w ;hin the piOj ect_ Conditions: '11?e applicant has agraed to_ dedicate a pant site to the County, ar i)ay -rent in lieu th--r o"i' a school site to the School Board, or nay =ent In lieu thereoof donate money to the Fire Dist- rict; —: provide reQLied ri &t5 -of ww - and con=-i act Lozm BoT eyard from its present t --_inu_s at the Old-- Q, Tg� -egs de °v-elavmmnt, noru2 ii-7ngh The Paikl.a O PTu-D Lra'i x endure to Bonita Beach Road. L---an; Boulevard E"xLznmgn w'iil be con - strutted at no cost to the County and once connected to Bon is Beach Road. wil result in a r --tonal t:,�ortation im-orovelient. Consfunction of the Lo?an Boulevard Ext=sion. coupled with the c olicat`}le i— react fee niay -mmtW will address the I}raiect's an is uat-o*1 t ansuoita tion yisact . All of these om i u'T•�.e.' s Lie ld mif iza7'e the it c; ect's rascal impacts. - D. Se -.-ft-on A: ?ara raph 1._ lIousing of ' Conclusions of Law Section of Vic, etoP__ - iiZC CS-=r, a= =;tZ ., _ Lv_wy cIl2°and.,d to read as fellows: 7. HOUSP- J: new re,sideIlt famiaies in Lee or Collier Countvs Yell be able to affird to purchase a residential unit f the Parklands unless the fare ly has the s «oIl to earn • inc = o aq -._y• ti_ .Ej'rlo e5 the 7/24/2012 Item 8.A. commercial development proposed for The Parklands in Lee County will generally not be able to live iv?LU-i the prof ect. Condition: The deVelODer shall provide a hou-sing analysis. in accordance with Rule 9j-2.048. Florida Administrative Code prior to the development of the vroi ect in accordance -Arith such ral -.. for any regionally si mif 5 c a-at unmet demand for low income housing to mitigate the impacts for prospective s Florida tringept initigatin-L, measures than those delineated in Rule 9J-2.0-8. Flo .A d=,ni &- fi five Code. d 5. i n a m annx which conslstEnt with the dictates Section 380.0605)(6)(1). Florida Statut2s should such an ordinance be adoTYI-dbvCol3er County prior to'lpcom,n 'encem,e n t 0flhe site dev-lopm nnt or plattmz Process LOT any phase of development of he Trri-ct • --lefeE is atFaaz�'-, a-See-ur-age4 is E--- ef thapfapsseg q5aa�15;aial aB Se 55t ht= Se_ M T� rs of Lz-,�v Sa��O= , . o. , of Ttl= CoaGiusio- pETagl7a7 S5criion of Dcv-31opm5nt OrdeT 85-4. as amended, for the Par"-;rlan, DR! is hereby amended to read as t7oll'ovirs: TjANT Np nDFJ sit- is u =ztiY ac=Sibl only SQRT akh - vm,pll� o ffi D?-T a wv l road on r-,OT- border Ln- Lee Cw=mtv. Develo- L - QaEEe! R tast, om, rquire pa ng tl-=- on c i ta om the rth and south, and uction of access .oafs to tht� site = -, z� no a! Road in CalLitr provisirxi of Caunty. a, 7he tonal n.-St Crz� al t,:o 2eaeTa�L, :-atp. J. to -di 5ak 'hoT,, conditon. S i v-�r.dclle tnps the wt--hd-v P.1-1- -3 z its and -,4 _.ji _5 aS _,._ r� � Z ej_p family Mgmv-ht cCQ-'-F5r-' d, �s vor- ag h 4 of:he F 7: L n L-i gated L LL- t T�-�t Con sion 'ale in P ap -0eak hour net external rate �,O--S t n,c, cr d .056 vei cle tni-;S. b. T'h-5 dgveic-aer shad go-s-Luct a WO (2) road- k-nO-v;,n as L-02an Boulevard Extor-51-on. ff-t2ading kOm R--Cs-1Jt I =' of 1-0 Lau 0 -L�dj Boulevard P-j 0jje C-Y-oress a:id n Tt aro th--, FaAk-lands PUD- CoDneciinz tO Bo:Ltq- Bp�ach Road. Th-, dcsi-m and tinnivg for he 1�vard E-,7en-sion are set fort �:L cc)._nst:-�ictioa, of T-og= BoT-, -PUD ed an ie tar.� - nd insde ara-L ofth =re-�--ts 5aF t'he pa pla�-e 11 cj-rp� 199,11a t :�e FaE5tF�Iete a= ae SeEt Te =5 E�a ER -E EVri aSF5so ta t�e ef S -=- a silp aa�- phas e -:tsEi by �he EQ- Eelyffi- ase5s:= ;45;5 -n5 ppla�-511 a pEia.= te GaLl-:�F G-,e--=t5L the -me esst, 'te the !Be=-! EEi --ead H�!- = — --aFY the Gaunty .-S�ReeF .SaSestiea -- eStB dee�e�. ileses. rya Packet Page -200- A - N N O N N r- Feadway shalt !-;5 _ empl +_ a vner- te the grantieg of an-y- elti L-- e a eernTeavy in `situ reunt.. Beamise sevaEel iaz-e =t�E E .= ha3y ° c8e-:;. preepeaspd — =s aee� a.._ a is need - e m�a setle^ota. t''cLC ;-ee.. Ca:--- RleaEl aR �l`1 55 Real. caa..$& YrOj t appli e.-A Shal., F' a 5r $t=-= is -tom -pre: ided a maj.a 9$11seteF ad eY- ry th of `he p4aogaEds Ret ts 5KGBad -175 ^rr -feet; ,.a� -_.:. to tsh ,__ . t , f th c. If right of way acguis_itionldedication and/or road construction obligations which are imposed by this development order cannot be accommodated because' of environmental permitting, water management, hazardous waste, archeological or other considerations relating to the nature of the proposed alignment, publicly approved and fJ.nctionally equiva?ent att,-,natives which do not increase t.e Parklands rght- ofwa;, donation andor road, construction obligation may be substituted how, aver. a Notice of Proposed Change p °mrsuant to Chapter 3-b 0.06_ Florida Statutes shall be requixedlf. d, At the nu e that a subdivision plat o- site develo-onn--Tt Dian. as applicable, is r °tuested for any portion of the Parklands DP? am& as a rwaIt of tb.e reoaeste-d approval_ the, t- -meait Lsted below, is oDerathne below the _adoytEd 6 Ivel -of- service (LOS) s=tandard � -l_ ` el_._r Gel appLcant sh-P-11 become obligated to pay a its pmpordona e share of the cost of the total improv mm, necessary to -ai?tain he adopt °d LOS on tat° apphicable Se eat !B- -ax' =r= « ?: T 'mol atse Foam 1o: n- CR 94I to Par_I _ ds, soul h a.Gc ess. (2) L=--, okale.. Road mom Parklands' sou h access To Gays +3i Y d_ �} = i•`X47_'?'`�e oc^..d. v �iakS�Ivt.. tQ _`= o--rL oad. (A) Parldla n—Is south access road `om- Parl—elands 'v'llar' to ' -- Road. __eau. - ��� Parzda.uds north access -faad �or_i Parklands ncrth 4• bor"dary to Collier Comfy line. At the �e that a gal local develo —m-nat order rec'nested for =_y .. a 1 ncmon of the Pat�i;mds DRL and the a.tpLezL?Ie sem �t 1tJt�t,. below adouted LOS standard in eff of at the time of the final Iocal y e d�>elo --mot order rsa- lc s; of - (as deter- b Colin Coamty R--_e -''rausortat-_n L`. p—mi me-at, or over aY- uropriate County Dgmu-tm--nt), the applicant sl atl become oblipaated to pay a IS proportionate shale of the cost of sig'at?or! timm, lanes, and 0' v t`J =OVc -_ �dnemssarybyColi- Col-mv- (l) ! =ckalee Road and CR:6l; (2) F�okr'_•e-e Road and L�Ea..n Blvd. Extension; (3) .forme. Road mid 0 1 Blvd; (4) T�-tck a -- Road aai d 1- i5; (o) L:mokalee Road and Livinuton R mad; (6) 1rr-tokmalee Road and uport Road; (� SairFf Aiac ss Road and F-tinokalee Road (Collier County). f !a-. Developtr's fair sh3'. _hail be de -.=, -*� Coring .-r-Pl plat approval. of each phis °v of dyvelomm --it ffir any road serene or intersection listed herein, which widbe operating below the a- mlicable ado -o'ed DDS v c'. css' "r h+ s: at the ap buildout of that phase, The .v eloper's fair -iha e =h -L be the project tan, f icertar- of tot-al traffic on the road Segme%:%int}5ection at 7/24/2012 Item 8.A. iue bi'.lidD'!i2 Gf tl'F3t phase, inciildIrig that phase, as projected at me, time of plating. Once the Developer's percentage fair share is determined and the County or MOT have estimated the cost for the needed irllprovement, the Developer shall provide assurance of its ability to pay its fair share by providing security acceptable to DCA and the • eatiLy responsible for improving the road segmfmtlintersection. Such security may take the form of a letteir of credit, escrow account, mortgage, bond, or other similar security. The actual cost of the needed improvement and Developer's share shall be determined at the time of letting the contracts for constrcction of the needed improvement by the agency malting the improvernent(s). Pay,Lent of the Developer's proportionate share shall be due a, the tune of Ietting of said contracts. level determination sha-11 be -made by the Board of County Commissionerb e.e Ge , Ce: �:; B eF F—D-19T. To this end, the applicant cha11 siibmit an annual monitor_ng r L L the Collier COLt!j ter. C- Traan.sDoitat'Gn Dep%rtnent, _YEPC, and SOiiin7-vest, Florida Regional Pla -wing C��'• :F -!! for . _ew. F hu =- st -""'i_0amtoring + r _t s — oi� shall be7 mi't5d at lue 1? tie O_ t:1e Is3T; cTic° Oi �e �?r5t .,,..riiIlCate of Qcvnp tine`+ for lee Pankdmid.s. Retorts shall be 3tibmi:'` d mn-aa11 LTr li buildout /Oft`ie pr0ieci_ rc_::Q! l shall LCILre :, GT_c GD—mts tahtn, on a 'Yr GvYsGay rr -3 at fhe aGCeSS -v-ts tQ 1he site and tun -ling inQvtmtnnts tQ ire folloGul-a-- MttrstctiGrs: (i) L'cha te coact ^nom. !� c,5 1 (`I ohie= Col n—Y); Trn�ol�alee !'i6ad `d �g?� BiVd. ! l,Qi -,,: .J:In_v; (3; l Qlml e Road and Oaks Blvd. (Collier Comt ih !TI 'S RDwi -gin T - '7C (Co' i_i Co - ^;t -). (j) _rnCjm!ee?Cadd a�?n 1i ngctort Road, (LQliier C Gilr:i ); (� 'it - .oka.1e5 Road ar—nd ? i oftt Road (Colj�er Coil tty" _ Of ire mG -c fvi:0_'t all r_ t0 md' tie -- -n ;F,- e - `ose O_ — - — - - - F: ..te a T n = ••_ i- �hv�.ed�d Gil Lu1�= vt...li rJ8Q t4 ay$ nit di U! az:r,l e adoyied T.VS -- _.,aet'C_G -s and .v prC =ire Zp tiled -= '�siearsC� i.. ore aCGutc_ta, fvreCa -=i SOS�i b-; IlLL0 t � O anri tQt2l L.a `C iGS dc: ' ^aCSGIl Of proportio*-al s hare. '_prior tC _al plat a7HrGv al :-:or each phase the applicant shall submit a =afc uy to me Cd l _. Coty T_�nspQja` an r-" ' u�t' r i T DvUG: L: =Li?� the Vvt=. =vl LQi+lT;� -V itS iv :P0, L.'v i''J1_ and the SOiiM"Iv`est FtO da pet .on?1 -7-,-- •-nin Cm- ncT_l. U s sba-&Y shah e Le -a� . c ao -mts iio ie =.st rev- t =aal r and p_Qjeeticz, ofproje,^t till:- L r ' Com pl— on CI teat phase, on the road int., s=caor•_s staid paragraph ,f) and -e o_al =a? e —mss idea =e' p=- graph (e) h�eGf. 71 ?a�_..._..+F " 2Se shah, not Ge �z` aT ted, i_r. dl fair Sib _ �R I :%1 fG_ __ p <GjeOt, s eclFidu ; �e additional p_c5e, has be- ^se0_T-ed and ^c_ Tj nts xhich vv= Y,,cM!uusLy �i e have, bttea G3��e Ti a _rtJtc .° { p aSa "G =1d c se a mad se�� It %�t�rseC�O l 8>°�! aio°ve to ..-_-teed' Lhe c.iCicable adopted LOS L-4 the D 5v5lop? S., atj h .ve -Le option Of deia� -g development' Of th6 prCposed -phF-se F1ufil fandi_ng cG" irt-l' tF." are s� e?r irG esOfili:!ble c 1`w� SL{ . C n tz,an n >°.aS C0— d . I The deyaloyei"s sat- factima, of its obligations under Section A.j. and �2ectiom B.3. of the Develorment Orders. as amended- will result in tiara. -morta ion }aci: saes being available when needed for fne Pa-ridands DIRE The Pafklands DFJ cont,'ue -s to be vested Tat" cons{t°Tcv and Packet Page -202 - V F',�,P:;nna arR ;rtriic-A: :i hvr : �'- .- --3T"' ^. .._ addit,L s arc imde Racd. concurency in a-,cordanee with Section 163.3 167(8), Florida Statutes, and is exem-Dt $-om any transportation related moratoria. the ._,p,...- .��..1. iaet ba en— .. :.p�. i_�'G.._T'T.J —I ....,..�..� be 35lv=-39 E'FS . said 5=8EF s_.__ T '. 'may.. _� F. Ser�.on AJ Pa-agiaph 12 " T p og Developmen , of-Eye ConclT.as:ons of ,a�v Section of De;elcp- -e t CTd r 84 -4, as zaended, for the Park-lands DRI is hereby �.�ended to read as foLo LEAPFROG t: EWFLO. -EN Elie proposed project _arnstitttes �� Ca development in an u-a which _s u °`� - �_ ✓ -tin Of ci`H—z;.., D.e or Collier Counties. As a?1ch. = le p_4 -v Sion of services by local gove -nient h- fiat Lrivolve an to reach. _r ?S the Ea Con - di on: The project wiR be into an area Y-fide M „IU or ad her appropriate frunifing rn}achanisui, fGr the provision of municipal sen-vices, if found to be necessary by either or both Col ier County and Le,-- Colmty as a %lath-,- source for the pro vision of CoiS'i unity, sci %ip -es. AI.,TFRNATNES: a. ImvactFees and/or Assessments: if an impact fee and/or assessment is adopted by Collier County or other appropiate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or PUD, this fee or assessment. shall be substituted for the fair share payments required by - this Development Order and/or PUD for the types of improvements (State, Regional or local) addressed by said impact fee and/or Q assessment Any such payments made for sadd improvements prior pp to the adoption or enactmient of an impact fee and/or assessment shall be credited toward the es or assessments) imposed on the project. L an adopted impact fee/assessment does not address state N roads impacted by this development, proportionatfe share pay -Meats N shall be made for such roads .eQaTdlass of the 1T,pact V TI- fe.°./assesSr_^.ent contribution. O N b. Other Aiterrlatves: R is understood that the speciElc conditions d' ty listed above require commitments for payment flcrn the developer and implicit commitments fGr construction 'om local nd State agencies. In some cases, the improvements may not result ever v,71th applicant coo —wit ,er: s because of the lack of co-=-LL;itmeut by State agencies. Therefore, Col�ser Ccan:y is allowed to pro";-de alt -, auves to the above conditions when the alternatives mitigate regroual roadway impacts. Should & s adternative be pursued, Collier Coup ' shall solicit Sys E PC renew of the alters- ative -s the ._,p,...- .��..1. iaet ba en— .. :.p�. i_�'G.._T'T.J —I ....,..�..� be 35lv=-39 E'FS . said 5=8EF s_.__ T '. 'may.. _� F. Ser�.on AJ Pa-agiaph 12 " T p og Developmen , of-Eye ConclT.as:ons of ,a�v Section of De;elcp- -e t CTd r 84 -4, as zaended, for the Park-lands DRI is hereby �.�ended to read as foLo LEAPFROG t: EWFLO. -EN Elie proposed project _arnstitttes �� Ca development in an u-a which _s u °`� - �_ ✓ -tin Of ci`H—z;.., D.e or Collier Counties. As a?1ch. = le p_4 -v Sion of services by local gove -nient h- fiat Lrivolve an to reach. _r ?S the Ea Con - di on: The project wiR be into an area Y-fide M „IU or ad her appropriate frunifing rn}achanisui, fGr the provision of municipal sen-vices, if found to be necessary by either or both Col ier County and Le,-- Colmty as a %lath-,- source for the pro vision of CoiS'i unity, sci %ip -es. 7/24/2012 Item 8.A. G. Section A, Paragraph 13., Ge-arai Conditions, of Tne Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DkI is hereby amended to read as follows: 13. GENERAL CONSIUER ATMNS: In the ADA for "Me Parklands," numerous commitments were made by the applicant to mitigate project impacts. Diary but not all of these commitments are listed in the staff assessment. Condition a. 111 'commitments and impact- miti_atmg actions provided by the applicant within the Application for Development Approval (and 5- applemantary doc iments j that are not in conflict ath specific conditions for project approval outlined above are officially adopted as conditions for approval. an amended lvlastgr Plan and PUD Document dated Smtember 5:h 2003 is attached hereto ar,d by eference incomorated he_ei as mart of this amended develoum --nt order. b. Tae dEve oper shall submit an annual report on the developm✓nt of regional oral impact to Collier County, the S thin est -Flo-:1 a — egonal Plann nuns Council, he D5partnent of Community Auail� and all an ected perSUt a- OIlcics as reCy, Ed in Subsection 80.06(l F 8) L'�- Florida Starit =s. J S= .ii`F P: a: ""a ah 1. , Yatrr Go-rca.T _ :SiCr5 OI -av: cz.._tion Of Devvllopiient Or=.._ 85 4- as Zu:cr,Ced• fOF the Pa_.:iands DFJ iS 1- iereuj, =nde,d to r�zo as folic ri s: 1 iTAT. Z 1y LNA- IY__V 1. L:LT -' `J _. , ENTC N -ERIN Z yy —t Ana -- - 5i - or^ Ct T_e rte?' sired LO �., �3 L`_�✓ Z_` ?�'.� YVC4 to - at r im. i.--ngG , v-_ F`.acii. tic -s are likes Tun eLwLv at the time -_,al Go?,str`1cnon ale subm tteo ro_ devtlo -omens ano {oval. b. D =cian and con- e— iGt:^n of a111 i=yTo- ,=T°ts shall to `"chance h a`vuliCaul vrjriSiv OfD isior:3.2 of the, T De = +ern E t Code DCi. i OrtO fi al SDb avurCv?i, -fit -Or rav joc- is sh a be rtouir °A as C 1= __. ___ _ -' Dq _a _ _- - - No constructlOn p-..mits s?.H be issued unless and unril approval Of tha :5- epasaal �.�� _ <t_ _t,...,. LLL ? _ 1, f aEe_ App °r ra 0� 1"Se °'i r: �B Ie stied foi T16 1 b� h n`r_ _ R... �G aic.�.r��C°.t-T+ -S'!iL � 0!1 26 D' i ion 3.5 the LDC, =e=a..,_a•••s by r arc. 93 L� L _TLe Setbacks: ?_ AU late -etoaci shaHT be mews= _.d Lem the NI--e G. r-tr= z ri reuuilud seftb- to m y 7F tei a _ LY 'tee Cr tract H e for the Parklands PijD,. except as remaixed in he L DC foritrisdictionaI wetlmds. 3. The min rnurn setbaek to any mte-mal r_- t-of - ay. or ro zd ac-CaSS eaN Packet Page - 204 - feet• 4. The minimum, -setback to r4i',of- -way. road access easement, or external DroDerty line, including those adiacent to the Logan Boulevard Extension. may be twenty (20) f----t if the rieht -of -wav roadwav access easement, or sxtc rani ZroDetiy Iir_.e is DroDerly protected in tl7ie vicinity of the Ial,e. A r,: .- �...._. -^1F v.- .L- ... _.S the '=Tat-., _ - --tea. _- .,1 ., --... _ice— 4a ti -,i5,__7 lapis_ hew he L =."_t Eli zor lam4ssapp :=-g 5 c vim .v —�h. .h— ..r i``'g ._._4s.— an aa.+r.+.4 �. v_u..vTV."i �✓ is= ea 'a site _F1-. t9 Bite .7Y S.,- e __ ..t, .,ii tie .- -,s..l _ the le d-P Tr dunn is° COT7rse Of Site Cle�.a exCa-vation, of othzj- Cou±- L-a- tional a denim, an archaeological oI his-ton-cal site, artifk t, of other L7dIratoir is _Scoveru° all fvvelop_e it at t1tat location Shat be iremedHateFl St:sppSd and the Gt--alha. Ce= R eu=es a.X t-ZepazsmeT-_ th, 'nA -fln am T-- -_j^ .4,-Ii --c arp nnravriineri g. Lakes may be excavated to a depth of twenty (20) feet. or deeper, if -permitted by SFWMD. The County shall administratively and exDeditiollsIy review and nermit revisions to the lake configuration depicted on the PUM master plan. including additional and/or larger and de--D-.r lakes (in accordance with Srwlv.m reauiremunts) so- as to maximize the amount of on -site fill that can Q be generated for the Logan Boulevard '–P-Ytmsio-rL internal roads p� and i?tirastracbmire. and develoDment Dads. h La'.-- SloDes: -Oman the aoDro.•al of the Engzneenne Services DeDauiieilt N r Dzr°ctor. slot)° reAdl2enon shall be alloc'ed for a m-p-; um of nn% O of the lake penmeter where vertical b , Wheads. rock craps_ riD rap N or other slope Drotecdon measures are provided. Comre -- sating littoral zones SFaH be Droyided wnere slope reduction is used. on the lake Der2cter. No ComDensatm -_ litoiral zo-nes shall be requir5d Tyl,57 Slope reduction m5asuyas arg used on islands -vv Lthim the ?avte I. S—aon B, Pal �gn 2., Euviroaraiental Consideraions, -of The Conc- buyLOns of L vv S�Ction CLFD� eiopm=t Order 85-=, as amended, for ibe Pafk1ands DPI is hereby amenuea to _eao as zollorts: 2. 0 _A_WN'_ �_L O. JJERA t_J' . A r,: .- �...._. -^1F v.- .L- ... _.S the '=Tat-., _ - --tea. _- .,1 ., --... _ice— 4a ti -,i5,__7 lapis_ hew he L =."_t Eli zor lam4ssapp :=-g 5 c vim .v —�h. .h— ..r i``'g ._._4s.— an aa.+r.+.4 �. v_u..vTV."i �✓ is= ea 'a site _F1-. t9 Bite .7Y S.,- e __ ..t, .,ii tie .- -,s..l _ the le d-P Tr dunn is° COT7rse Of Site Cle�.a exCa-vation, of othzj- Cou±- L-a- tional a denim, an archaeological oI his-ton-cal site, artifk t, of other L7dIratoir is _Scoveru° all fvvelop_e it at t1tat location Shat be iremedHateFl St:sppSd and the Gt--alha. Ce= R eu=es a.X t-ZepazsmeT-_ th, 'nA -fln am T-- -_j^ .4,-Ii --c arp nnravriineri 7/24/2012 Item 8.A. 121_...__ of v 4_._._.... Skte, aTi shall 'rSa ...-F Ti'ivaa -D nTI.- e . of State -e Code Enforcement Deoartmentvnotified. Development w 1 be suspended for ' a sufficient length of time to enable - !hase agenz;rr.14--paAments the Code Enforcement Department or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. '^L, L 4L .. 74 b5 - a d im .x by ... ,. .. __...._.,.,. .,_ ., 'ir5, -�� .,..0 ., _ �ca5� .�s';.CSS 2ct a a -- Syed�ner- to 4ER4 ' ='to Si b. Environmental D=- itdna shall be in accordance -with the State of Florida Environmental Resource Permit FE--RP) Rules and fa, Cher subiect to any review and approval pursuant to the ZDC by Collier County Plan�irQ Department EnvSro.ffutal Staff. Rem-oval of exotic vegetatlon shall not be the sole rnitieario7 mnet od for i nw--ts to innsdicctional wetlarrig C Bufceias shall be provided around wetlands. extrndlna at least fiiieen (i5) :get landward SLJ n the ad_e of wetimid preserves in all places and ay.,,.z3natweniv-five (25) feet froin the landward ed?e of wetlands except Where nata-al buff,-,n are not possible, or not feasibls- as determined by -RnYySon11.e tal Ser JiCes Staf in his eyant- pn-hr structural bliiiers shall be rccuir:-d and shall be con_suucied in a.=orda`-nce with he State cf Florida E viro?rne -Ltal Reso=ce-s P--n t (E_.P) Ruhl s and shall be subiect la review and auuuroYal by E-Loyi onmcatal S5 -VJves Sta% d. -A-n s`ot c yegeta=on r° , gfal. montorinv_ and imai t -maace (etiGt ?C -?,1 _ v?? 1 for t_e situ 'us Smphasis on the shall be sub icEt�d to ELMro= —ntal S--7--viC?s Staff- for r i t ar?' approval prior to a-iiS% =jai -olan/constru -stion pia= pro al. _A- for xvtiC royal r =' aid urn- er":`atiG� Zrea: r:adt i-re �adr: -�i� sd Fri above af-, enced plam Th'S shall . o=l`d 6th the 4uidt !-in- is and of the J.S. Fish and Wildlife Sv vices r�CP GE S'� and the Flo=da d=ish ` rd Wildli =°. Cor-11 Co=—I sc;nn (F`_e+-�CFJCO c���r 1:� '.; Ct- �'- al iusuaC to urotC„ted ss-- ec ^ on—s— _. Should Lr, ar,- fro =nbai an l::sis of the __te L'EdFCat° 'the b-ms--nC e oE or C._ -C_l _.,a'..i fffin.. rrotez+--d " ?c. a Flc^.b5tat Nlanaeen--erit Plan for th-.e-se protected spacies sba1 bee St bTr -ed to 1 i s 4e' =ig6� Ct?a7 for T ; a- ad r -m-, ai f. as1 ConserY"ativh areas sliall b le E.si attd as cons T: "ation or ur- tstrya ion ia.acts or ea-semen on aij co= -- --ad on shall bo r-orded on the Dial ith -urozectiYe coy- -=, t-, in accoroa=Ce with Leci;.on iOA: 'Jb Of Florida Sr--atutas• Svci_on r ue? -Fraph J., iS Gila OIl .Of the Conchas<o s of Law Se- on of Da el,pi!:i t Cede= 8154, - a_rded; for the Par -lauds I R- I Is =ereby ` e drd to recd! _ rrldl.rl —s: TRAI SPGRTA "fON: a._..i� Eight ..> : C � . -.a._. ......._..._.a..i Jam.. -:: be ice........ yi _. .=.. The c� E c .` :s__, t_a »y =per _. ._mil . ha-L! „.l-: ite be cv Q'UE=tv, a 75 f$e: A4de ...,_i.i ef-way Bile-a- the Cam' Packet Page -206- iu (D C14 T- C) 04 "It C14 I,- Fui!thher, the Pet ---Sf alhald sause te be eepstFL-Isl af two P-, imes ef a Men fbur. (4) 1 E aaF-W re --eellk This dyva�, is 'te san's as the MaM ent=EeBe te th-at pe=tisn efthe p.-ejeat ia GelKer Gauaty. !a ±hs e -54 th" 3 i Beedd a Lthu , -;f 46maia P=qsea��, Lim pafigB�15i, A.-4-1 be fe-z aH sests iasur-.-ad :b tile imslug=mg lsgE4 sests a3ad. la-=4 sas-,-. 1+m is a--Ise jiEjElemtead Fmd rappeag upan that EEry ds-,.�alep=-=asa�- appTs-,-54 by --.1--5 jB E;5stieRs 16 ead 21 Ta7r� �shi 48 Sell!,1- P.-7ge 26 Eat h-" 'a FeqEli EeEl by the r , md `hej� fj --f � Ebe:iza aet5d n&. ef ead - the i�th f —�4 55 —daseFbe-d t a f b t gei'a effiat =�t5 ti— b er= ths- pi�ajestt, the P--r-sBe= -244iza Ea ss-,-E 69 f664 A�— eaS5��:�eat ts pl:,3�44e a efa�,- aeeese Z-'-- the P-=eJest EFem Eqa�---ay seastzaelm5d- ea aash Shall be ts !-�5 pBasible ani be lees�-5E! geam:-aUy es deppist5d ia L-he fkT% A, Ta :21=-=, th=» a-ry &eilzittj, is -- ----Ese SE :!La h=--kBE! b2- t,=5 the shaR be -=asaissald ia �h5 6-01167, 'easFaE er jaEj�:5d Ejj &REh fi-=5 aS the 8f e -a- vr`n +A LT �he .:Geri', Fee=' �he C;q !MkS Ek- 'Eaty pe�:gaa ast 5----5e4 122 siagle L-m:'tr-, aa I El 9 5 The fetkieE:aE: ERF5e5 iiet ta asease BeEasa a�g t�ks FE�-�Sst lqnatet'l ia L�-a ef abe4e t5'-peiF:�-y is Met the fetide lei t ke-m tlze b. ahe:i-e. 4. ThB j?Bi�-t�Bd ef 1-1�7e_! 4e=- e.-2 Tke p as-= FessFve a 75 --'fest =iije Et af nje 7/24/2012 Item 8.A. _ i r T yi u V - r h Y...7 V _ _ ���........ _ v h. TY the Be !--' - itier. ..mo t... E=Lhd .., a... u _ - (l a sed y� c i -a --�- -- — - a. _4lt tic ecutrol de: gees and desim criteria used.slial "i be iacode th e s w minimum s ;mdards as amended and ?-s adOiitow by the Florida Department of Transportation (FDO1 s. as _tojur— h 7lorda Sta utes � =aote-. 315. Uniform Traic Control Lana. A. I? t�'aG Sve °d 1 mit rsGStii`' Shall be in P�cOPuaP.G °',�,it� -! l - the mLn1r Tim standards as amended and as adopted by the rDOT. as remsired by Florida Statutes - 27-Dt ,r 316. fn.e U fc—, T-:f&� Couiaol L tea. A1 °^ aj l >i Str-a5L {i�Si z sbatl be pi Yided at all develoLr -viit 07 =075SS End e;-53s. Saki? liantin=. r uStbB i� ^ulas r or to the i5g3ance Cif ire =,St LO=_,nan -t certificate of occupancy (CO). iff a m_ 'e is ur60082 21 -V `d, "Oi all nny'IOu -:e =t ti-:v e: +A or �'atx �Ga!I b= 1S'_ °'d`so ac -Ot M c�LTSeI ve Gl°,S !6 iiv t'.a 1:.:1? -t_^ an.o -anV t'l. all att =:a- e-�_ r ?^,ways. T y:.�^lye +_this condition- the Iollot: !Rzv Shall be .Oa.l ti� O 't? i-;>>' -^ 'eQt2_- .�T''°r't5 riroi)'de%: I = = aec Lr o rva 'aY eG_ =r pay' - 'e? O ti h. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy. as amended. and LDC. as amended. Mediap access and. control wiil remain under Collier County Transportation Staff authonM Collier County Transportation Staff reserves the right to modifv or close any median opening(s) determined to have an adverse effect on the health. safety and welfare of the public. These include, but are not limited to: sa.-Le-Lv concerns, onerational circulation issues. and roadway caDacity Droblerra. i. Nothinz in anv develmment order will vest the ri--ht of access over and above a right in/riebt out condition. Neither will the emstcnct of a Doint of inucs& tums and/or median opening. nor the lack thereof. be the basis for any fature cause of action for damages against the County by the d5velo-Der(s)- its successors) in title. Or assi mte(s). The develoDmcat 9H-.11 be d-,-,-,im-ed to Dromiate the sa€ travel of all users hioludinz T,-.-d-----LLiF-n.s- And hicvchists, Ped5strria-n and bicycle trsvel vays shall be separated nom vehicular traffic in accordance C,rth recoanized standards aid sal =acticas as del- -mined by Collier Counrr Tz-aa-sDoitafian S k. TIm 'inrelm)-urfs). its successors) in title. OF assignee(s): sha1be resDa-ns;bl-- for the cost of =ry md 01 tE-.f,.Sc mgmpj(,g), at anv and all rl,yelnnm tf F-.n-.rA-nr-.P.(z) nlmnq -fin. 11-nn-an Doule-va-d the Paficlands PTJD -oroivct and at the intersect on of the Bouleva7c, Emersion at =T.=kale= Road when detemiLlf-A wa.--m-n-ad and 2r—moved by the Collier County Transco_ nation Stapiff. Wh .Y. an canon the com=.ledon of the Llu�talladon, iD3pperutiign. burn .in period mznd &-ad'approval/accempt m-r-e Of any and all ta--ffic said t-aMc simial(s) shaH be t.med over (for ownershin) to Col-,-r ;� Co=unty. and shall Cher! be oDerp-ted. F-nd maintained by the Collier Co-an-tv Transportation O-P,-).a-dors Dem-fitment. An-Y negotiations -cle - an - ant to share" -Gmrmeat(s). or Lrom anv and all other ridiahboi-ffiz DrG-,3--rLv that directly benefit from said trafEic al(s), sham be iiater-m-hined based' won of usasEdi=onct. L The do-eloDur shall nrovide anv and all site related trzmaDrtaEon imvrovemmffs) L7ahadina. but not li!Mfted to. ary and all necessary . t-= in-=i-. --n-t(s) at the development emtrm-ce(s.) D.-tior to. the ismmez of eme first varma-umt CO. Said im-prov--unefUs are considered site related- and thcrrefffire. -do not auahr"y for immact Lee cradits. When said tum Zane i=, rovement(s). -,Vhuthor IF;Ift tmm I 'an =(s) and/or ri--Ilt t= Ime(s), ape det q=.--,,d 10 be I necessary, camaomsatinz ingY.,ol-Way. shO be -oro-vided in cord= --ion -mith said as -dqct--=1, ed by the Co Mier Cv--Lri-Lv T-za =., orLa-uona Staff. n,-uiments of Collier Colm✓ 0-VUna-I ca 'o. 93-6-. -1. Ad I int. ual access(es). drive aisle(s). sidulkyalk(s) not 'gd withia. J, a Located County ri�I-of-way, 7411 be -D --v -tcl maintained by an entity --r--ated' by, the Chwelcou. ' its successors) L, title. or assignee(s). 11 7/24/2012 Item 8.A. 0. Joint/gliand access(es) may be required by the Collier Coup t-v Transportation Staff as a condition of site development elan (SDP) amroval. V. Frontaet, midpoint and/or revnse frontage (backside) intercouncction(s) may be required by Collier Cor-,riLv Tram. oo-rLation Staff as a condition of SDP amiroval. g. SDP approval shall be obtained prior to develo-pment of any and all portion(s) of a--,-v and all dgvelowinept(s). r. die developer. its successor(s) or-assi=s. shall dedicate 75 f allonz the eastarm boundary of the prciect to the County for use as fliVar-, riabt- bf-:way. The dedication shall be :Lade within, 90 days of request by the Coun-v. The -hall b ford; : - �ra:rjatjon rf f!j�,- delsated pgs;-�Pl s 2 as TI Eubs=-Lic- 2.2.20.3.1. f Of �-C. T-h-, developer Shall. cca-St-221 a 1-WO (2) to m IIMCL.-n as Logm Boulevard Zyl-Zn3iorL -,-teMdL-9 :&GM 115 DreZrMl terminus of T e - ,ogan, at '15 Oldt C-Y-O-- s(z devoloDnnent on T=-ok-p'l-;e Road and uoilh throu-za the Pa:16aninds PTUD. connecting to Bonita Bea--h Road. The desim and -ftrning fbT the cons -l- fiction of Tozan Boulevard :,ft lion are set faith in the E xhibit "C" at t c_ied hpr -,'o q=, r;, =- e a p I :, g-t o f flat PU D, D o = tn- t. T idz� =. -0 'or ri n5titioner :nail 'eze�---e a L, i-fbot w T gh',- of- "s'a'c' -ou-moscs alone the soutln�mi ryrojt�--t boundary linc% in the event that- 5ugh 7-°sfrvati.rml is needed for tic C:� .va7u. oil of a colle Lor roqj�, or its saocts-sons. ass:=-nis. shall dj,=dlcatp- said land at no cost to 'L'-r-L,- County. The developer shall proljid-, a -w== -Lr (!--�d in 'ue =ale tt, e to the C--un t-, wit-hL-n 90 0 1 L ' T—Ite Comi-tv Du--,�-7--,L to thi� tm�=, --S -a - - n. NT�eds .-et fonh 0n thf, Col' Long Rarnze Ti MsDo.Larin Tie total set e[,-Lnal m :i ect tri-- D gen -r-- ion ratp is - limn led. to !.056 ve7-,,4--b,- 'LLIL;s d=q the wcckdlzy P.14. Doak: hour condition SL-i le . Ls may be convtfted to'Muln- f=-- units 2nd vice versa as indicated in the Unit I Couvegion Tqble in Sa---,Jlon 2-04 of the Docummit PUD, Do=-,--,itl only if he cumnulat ve weel-davP.M. ptak hour VJ D z�a-=mdon raze &5-s not 5xce�d !.Q�6 V. 1.2 C7d— -o e�, ,. 1 -Iz-- tr-- p-galesnaa a-ad vgLciular saflv hoHN, vroiect ayses-s of the proposed Lo =a' all e ft w Boulmre-,d Exten-sion 2-h- b Shilmd to the .- 21 to +Inmro,ve visibihity. 7h-e exact lociation of fnds alamss )Omt 1 -0 shall be det-g—rnmed at t-2 -- tim-, of subdinrisim ula g 7mm's. U, of The coaclh—zir s pi L, l r T- 81-7-4, as amen-Ldcd_ -l'or 712 -Faikim".5 DFU hnrt�by amtnd�ld to • UVH-fi°s A W`atg and Sewer (CoMear Comity) 1. -eater distribution ---d srwaE-, oofllmtion anid 'a-al-maission 3 Y.It 5 =., ": -i "' , . .- I I t-h-mu�-Cut the, pro-je-ct Packet Page -210- iw WK L N N r O N It N ti development by the developer 'pursuant to all annlicable .:,=a requirements of Collier County and the State of Florida at the time of Dermittine. Water and sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and :maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Ekleveloper, L-:-, its assips or successors. Upon completion of construction of the water and sewer facilities within ihe.project, the faciLties will be tested to insure they meet Collier County's m nim7am requirements at which time they will be conveyed or transferred to the County, when required by the Public Utilities Division, pursuant to . appropriate County Ordinances and Regulations in effect at fne tip e conveyance or transfer is requeAtd, prior to being placed into service. 2. Al cons tuction plane anal, technical speciFcations and proposed plats, if applicable, for the proposed water distribution and sewage rAllIection and tra 5n').ission facllities. must be reY -15wed and. approved by the Public Utilities DiNrisiou prior to commencement of const_ actioZ. 3. Ail customers comnccting to the water distribution and sewage coli_ec6on facilities wiH be customers of Le County rand wiIII be b;Ll --d by the County in accorca*:ce wain Florida s Public SerVlcc Co un— ission approved rats. Should the County not be; im a ;you 4Q1 to provide watt'_ ant;inr _ewer m ;, he - .3mit;tth u�atant/r _tv, r __ r c-: stomers shall be cusro 1es of the intenm utilii established to _.,rve the project until the County's of -Site Y.'ater an Vor s�vver facie "ties are aYad ble to str"Ye the Prow -- ?. It is a:,I ci -,ated that the County Public TJ ilaits Division is w 7a1i:ma eiy sLre -ply poiabt_e wa—ter fac hies te Eaeat :he and ?or -eeei E e and wear t- he s: , arc 7_ 'tS i _a! _......_<.. u.', preJeB e:: �;ze`s e� at .. ; ..�." ti...e j - �Ly:�t art _ ,- :te=m on -site seway troge a-ment and disposal f? c, —°s adequate to m-eett ail reClii_c tuts of It ilr•^p derv-L"ator -Y -aencles. �. -- t�'es ent shad to e teed into betwe»°n the CoLm -y amd the Ddeveloper, binding on the _developer, its RssiknB Or saccessOia, legally acceptable TQ the County, riOr tQ he ED proz ?al of cv` nstuctiinon doe -i-a ie is :'or the u'O. —S=A �.rCje0t, Star, g f a E) The proposed -water sapppIy and on -F_te treatment f - hies and/or or site wastewater, treatment and disposal fac111ties, if rv-`c`ured, are to be constructed as part of the propos5d -project and ;Lust be rep -tied ass irt-'Tm; t bey -shall be consttnaccfed to State and Federal standards and are to be o� ed, operated and m. ain*amed �b�y� 7the ldevel:,pvr, h.i'+ its assigns or �.iccwsors, t ndl such lime as tune. County's oE- ai e ifra-er tat iM-,C$ and "or oftfsitc s-,+1rv`T La iht:es am- 15 Deletions are indicated by 5tgEs ac'ieidons Ore Tmderlined. 7/24/2012 Item 8.A. available to service the p POJI ie-ct. The interim treatment facilities shall supply services only to those lands owned by the Ddeveloper and approved by the County for development. The utility ikcihity(ies) may not be expanded to provide -water and/or sewer service outside the development boundary approved by the County without the -written consent of the County. b) TI.TpOn connecdon to the Co'_ 05-site -,wattr facilities, and/or sewer facilities, the Ddeve;loper, hie its askgns or successors Shall abandou, dismantle and remove, ',7-3m the site the interim water and.,"or sewage trnaatm5rAl f-ar-ility and discontinuc use Of the water supply source, if applicable, in a manner con ' sistent with, State of Tlorida standards. Aji work related to is he County. actin,'ity shall be performed at no cost to L Corm-5ct;on. to the Coun.-Lj-s o- s:-P- -%.-,at5r and/or SWW511- f liti . s, j:hen avai'lable along CR 946 (Immol-aloe -MM be made 13Y t he developer, its ass-i,—, -.- 07 simcessorss at no cost to the Coun-ty with in tzp;-c h-tia.Eeg after such lacil-Tif-s become available a-d 'eRal access is F--vailablrz. -Inc cost Of co,:. -nemon shall include, but not do limited to, all eng-aeerling design and pi-eparat on of coasmuction docuintnti, mod=car-on or r5fira=- of sff1jaze pum-piz, a facilities, in"Leraomerc-'. On -with, Count"); L" 5-15 -ac- it w-a�f;r anld!07 S--W-­ M.5-5 :LeGeSSa:�j 10 :a ., es. make the connec6dons(s). etc. The May s- he = nes V4, 0 2 e, i f app/ cable, o ff the :D�deveiopc�r fj-n S :0,37 T r --d �e _ share Of these co s, th-en, thee County =hail CD112cr and rei--burse the D'de-vtIo-o-'r o-tiler Do---tct (1-17, a jar 0 Di 011, 101EL-215 OPR-sj t0 thh,- rmbe Co,,m-hr o� zte wat5r aiicL or sewer .&IA I ---I� faoil-it-4ts; are for the proj=-t to oo—ect with. frit -Tb1loA-:T-,g water a2-2 or Be facilities shall b.- convuied to the Co-= I D-,_ -n"LZn't to apprTnatu CO-L---7y 07dlimames a-- M at th-- tima: A wa:,� md/or Sewer Rz-i-Hrits coasaw, d in PubLic-1-Y ow2ed riht-of-':�way or utwky easements by the Ccalnt:v fazilinic;s to ma15 connection vit:h the Co----t-Zs olff-sine :--,Tatar and/or sewer Has; or, --P-aiH U co LY -site 11 nnee, Fntic:ct to the Col-- Vs O—; -water andVCT SU-Vver _�ci--Tmes -o'llan 'the On- vra.Lar ar-L-Vor sewer facilifties are- ,ausuastod of aRn-- 1-or teem x5d by the County to "be located within Utility easemmmnts, but not lute to -.1c ff-cdlowffila, Z) I-Alain se-wage L-1-1 St-atim and fcr-:;-- m, ain i -a' e7c Onnec'6 r- L, wi'fli the Packet Page -212- Deledom, am Mdictee lby gtnke P dcK-t-- - - --- • N N r O N N ti C� iriiy sewer facilities includ ng all utility easements necessary, b) If applicable, water distribution facilities from the point of connection with the County's water facilities to the master water meter serving .tlre project; including all Utility easements necessary. e) The eustomers served on an interim basis by the utility s hem constructed by the Developer shall become customers of the County at the time when County off -site water and/or sewer facilities are waa•:lable to serve the project and such conrectien. is made. 'Prior to connection of the project to the Cairn y's o to ?uatcr and/Or sewer facilities, the _ei'elo'per, h-¢ _ assigns, or sauccessors shall turn over to the Coiiity a complete list of the customers en•ed by the m:'w=iTn a� � ""S Gy.^Lem. and sbali not carzpete wifh the County for the service of those customers. The Deevelcper shall also pro-vide the County vnth a detailed iyvi-nto=y of the faciLues Seir'ed T?,-ilti =Il the pia 67 eCt 'and the °.htil`y whir-ll n411 be rtspGnsible for tie ivateI andor se -wer sertrice b ii f =ng for the profeC h. Cow ^ ^uLcuar plans and t cca Spec:fGahc:s related to co- reGtionS to the COU?lty's off-site water andtor scn'Lr azii -. es wZil be submitted to the a-,Y.,- ... vt ..Y: a -. prior to Ga tTie rGe Reu£ of Corlstr ECM - g) T"he Ddev °toper, h=a its asa'i or SuGGeSSOrS shad pay all syst 7/24/2012 Item 8.A. approved by the Public Utilities Division prior to apprOVal of the construction documents for the project5ub�f -�`' ,.d PER Y --a age v _— and tL e it 2sz c,, s..., ..moo .0 s:5 t-? "t: a tt of C. Tf an interims on -site ;pater supply, treatment and .transra scion facility is utilized to serve the proposed project, it rust be properly sized to supply average and peak day domestic demand, in addition tG fire flow d_ma-id at a rate approved by the _ppr pirate Fire Control District. for the phase under development. A detailed A esign report i-erif�iEg the plant capacities must be gubmitted to tl?e Pubfic Uti firs Division 74ith the con -liictiGn documents. ¢�, shah provided k the rn,eCt TTLr H2 t D. Water and sewer � -ice be pry o to the 5011c-hRnRTcquirormm�t.s: Mater: 1-•e rye County por<ion of the project shall be supplied by a sTystern located xtiin L.ee Ccurity. 'Water of l not e'f_tend aGFGSS CCLLty > e5 _— - ant, 'H' - - .. ^,i_ ^ by Collier Counter. The Colter Curmty portion of tle project shall De supplied 57c_ tht fac"'.?iti S 7:-'itl',tn =the Cotmt:e{ if a`✓a labia, or . v _ Slte Ster supply d t=- e ni f om mterm or-Site 0r t- acilivy4s found to be acceptable to the CoLniy. S Wer: An Ltza= sewage T —_a =ent and LSposal _aCiliiJ' �r5d COIFI Co eh_tt .-a. Sergi„° t a f 1vG 1 i_ Mier �LJ ,.._ _� : ivti'1L° v!'.. LO the D-rt G1 w._e prof° t in CoL �r Co_i"i y and i--y y iotii Qe S-_rvice tG Lie en=o `uS j°n-t. aI r'� - aciii.j� is 7-"t_1?zed to F'rC "t d5 ..e =vice o a-z pat Gf the proiect in f3ui_li= �c atT c ie n_Ci o%nty, the s- _ -'Va?e C-0 f e_tion 1d =n s­=s10_ iGC c_mmoute a.,";'aE= Cvr tG to a _rg iiiiy snag 5e G'rTcd, Gp°_ _ acid _« dl ed Gi" e --s; Ms. successo ss or oth=_ aafity a=.ptabdt €o of a _B S- °= —='Iliand Sal IaGilliy s ��� - unacceptable to Cejl =er Cot -tti-. c (2) . = °r„aSate Se `a`e u - tSlz!nt f2clii:i =a, one each County, sHafl be QonstrLjcted to sertie the project. _ ay jGuzi m.e hod cf sewv_r seviCe to The the Farb -ands proje'•ct sltail =—�-St be found to D iTt ally ti e°,%,- -t'�15 i;'y' adCpte�7� SBSG1V, -d Gr y_r t•`_+e CJS�.i of CoUn, ty CC�siGne S of !:ee and CGLer Comities prior to -_ =z af resceyr- e comstraction doc=en-t _e?-ie - by the Ytzblic l:iili t i es Dh-7_s ^n. Y a'.r_. *' _v -_O v...�.-d.e irea me an I v=- c,05a1 ar,eVor avatar supply and LE- ibut.Cz't -he ��cvB10y'S, a.< Zas or SI?C.- CiSS'n. = shah .. ate re_s?0 -ible to c =e-- :4 ts these acilides at a point to be = Lnra a ly ageed upon by the Comity and -the Pa:16=ds e�F, = deyela eF- with : `3 he Pam-laYd4s zss^ a aU ^osts for `t'e connaGuon or to be p r'om ed. F. `£he da-velon,, , - c, . Ci._� - ✓, a Stems or st scars_ s m n' goti:._. tT gCod rat° wi:-! the Col y for the ia'8 o catcd wf Within the i- of ct E='t& for "-.^f.oscs t �e du el ar• �'l ........? be rg^prekGte for ^'C r ug ail m ite _ uiza m F, =spin- G._utiv_ m t`5 COIL­'S po nvli�`e_- TO +tteproject arld ne? ^-1 te Y- ith the Co'sMVY Lrov"ide _uli or Vi tai on-site st'rage iaciliti°S as re �d ea by the DEP 6. cousisteit Wida tl-. 'rohm—c of Iateti r c Leti.'atcr to he ,, lizs_. sho_ to oe rsec scary to ser-ve the project by the <ot.�-!tf; a n "ater stora?e ta*t._k and ='eq_o=' p site �tl be provided by the developer & r wf on -site of a size and location to be r utuaEy agee=!.- to th--- County and rthe de giopg °�', --r - r,' necessary to sere the project on an interim basis, the deyelor�i DelefionsareL-2eztedbystF �dd:,t Packet Page -2 14- e , r1 N N r O N rt' N ti The PeAdea. i-r:ay h„ required to install a wager storage tank en- site if County water facilities are not available at the time development commences. Should the County reguire that to _=�--__ these facilities be oversized, in anticipation of future demands and growth 3Ae-E' the 'Geu35 -'s weF`aa-r - E-i- -z--i-ailable ta the prejeet the County shall negotiate a satisfactory method of reimbursement to the Ddeveloper for such oversizing. H. Construction and ov'n-ership of thoz water and sv-x.er facilities, including any proposed interim water and /or sewage treatment facilities, shall be in compliance with all applicable Courtv PuUlie Utilities Division sstmdards, Ppolacies, Qordmarces, c= in eff ct at the time cofis�ruction approval is requested. I. Prior to approval of copse action documents by the Public Utilities Division- the developer shall � present verification, pursuant to Chapter 367, -Florida Statutes, that the Florida Public Ser�'ice Corm ssion has aaai~.ted territorial rights to the -Pd eloper to provide sewer and/or water service to the project z util the Co;rnt~, can protsde here s'i -Yic S :* =i'4t' Ras -_ - J. Detail:d hy'aysic design r-jj, erts covering the water distribution a_.d sewage collection and systems to serve the proywt must be submitted ,rith the constirction documents for he project. 'Ehe report shall Iist all design ascr iptions, demand ratios and other fa. ;fors Yarto7ent to '._'2e s)ys= =,d- -r coassU?er? �on. K The develop. shat cones hula i s ' fair share of the cow of i^�t?1 Wrl? a seJ,'er L'a^.sm- :*ssion line t`aom the pro;oct to a?�• accenttab!e oil -site sewer T_eaii =e zt ola -,it facility and rnfti= (t_r.=-.a._a e fii_siit) ualcm s io? I= fiom- =ch an off-sine treatment plait lam Ili to the p1GjeCT T-- C:n-un TJ haI- 1�7r_'ioo e°ra e and as:"S+ in securing all neeLed o M -St Lv --asz;mee ts. he de a1s of this Item stall be mutually ap-td imam he.v oen the develo -Per and the Co=iv at a!atct dates L. Section B. Pale fiTJh T, Parks add "pen .Sparer of M -3 Conclusions of tt _ aw Sec ion of Develof•W t Ord--r 8� -4, as az ended, for he Pa- 'islands 1'iZI is hereby amended to read as follows: Parks and G-aes Saa„e_ a 1!?e developer shall dote to the Coui?iy a 7.23 -acre site or use cS a neighborhood paw -. or shall make navmeztt in lieu hereof .e !e l sat- &a the —T�r�' ei c J ..`: -Gal sit-5 1.c--'', t'°."r ^T the CSSar C$'LZ.�' r.'4-. a e, t�iB Y- cc is the event that a =k site is dedicated or 'Le devVeloo panrents in lieu of such dedication, iiucact fee credits shall be a -anted as tiro Tided for by the anoiicavie i-r-no?ct Pie ordinance and L•DC Section 2.2.20.3.7. 'he site is intannded to be locatad L the yicjnity of ttie el u1e to r'school site. \'., J� r.. - Z,.- P ill QI T _.-._ ..-.ag-e PFe ..ded . d t Ili. S c-t on s, Para —sap i R , Exa=t or;s to the Subdi"vision Regulations, of The Conclusions of Law ,Suction of 1DSYelopiamen, =t Carder 83-4, as amended, fvr the Parklands D IRI is hereby amended to rears as follows: S. III vi"` "tlR R°.!F{ilait[:it5' i9 7/24/2012 Item 8.A. a. LDC. Suhs°ction 3 2 8 17: Sidev.'alks/bicycle paths_ shall conform to the nrovisions of this Subsection. except that side =,valks shall only be reauir °d on one side of the street in the case of single - family cul -de -sac rights- of -w2v. b LDC:• Subsection 3.2.8.3.19: Street name maskers and traffic devices shall be aDvroved by the Couniy Engineer. Conformance weith U.S.D.O.TdFRWA.M.U.T.C.D. is waived. Stmt Davement Daintinff re^ui ements for isle s rijuL -g arid. reflF_.edvt Edging on secondary road syste,s and ref ective edsdng main road system shall be waived. Traffic circulation sign age shall be in conformance with U.S.D.O.T.F ;.WAM.U.T.C.D. standsads. C. LDC. Subsection 3.2.8.3.24 and Subsection 3.2.8.4.21: Tl_e requirement of blank u'uEty casing installati on shall be- !aived r1. LDC. Subsection 3.2.8.4.10: The standard that P `?vas be installed In a tV0ica1 >amr valve cover shall_ be waived T�bie^t to m lTl'7'7 ell airil it ei*nQ irrc all °r:s i rrn-;1 ^., ^� �" — oP t +J ..t._ _ . a.. __G Y`!ih Ch Le 177 Florida Statlt=s. e. LDC. Subsection 3 2.8.4.16.5. A2 Cul-de -sacs and local Zee s. wh�theT more or lass `ljan 1.000 feet �n ieneffi. are re~ui<ed tb have a T1= .LiTT? f -b-fty l foot Ingh -O -Way yv-idtL and two tea.-ZOot r ,-id= Ta- lanes. r LDC. Stubs boa, 3.2.8.4.16.7: l L -de -sacs -nay eacegd i'r_e r av m= 1.000 -foot ltm th %nd -= - red - Ml at c.7_l-dc-sacs shadil be 55 re;l. _T DC. 1 =bEe -on 3.2-8.4.16.8: 3ack of ✓ = 5 -adFi at sir ept ersectio is shall -b-z minimum of thirty UrrleCt `? S_leL�et? _ except a °ntrance " 'v=Le_c tie =a io:tV =(ii i7 ' .e el+. Subs,-tion J 2.8.4.1 a.S: the TTiT— T7Ti"t 7`;-foot = ?lgeat standard at into - °.:irons may be rsduced s-biect to a certified traMC analysis abased upon dtsi.1 sTiEEd, site distance, and ade'T7ate TBCoye r _one i LDC , _or tan -Ec l`s betweR-'• street cu y °s shall b °v r +ai7-;d- 1 S uio 7 9. 1 � l R. Street p_: n _ ee � T LC_ ��bsecn n 3._._._�._ -. s msv e'z,'ccoue four perc.-"'nt (4 %) �.",_�Tt -t1i?m DrnY7detl t?2t �°. a-P-DE al'i1° Departnl-° -t or Teas_ of c Dn Manual of Un form l l:=. --= S=cml^ _ ds (EDOT MUMS) and L? :_.PTO Mena are Met aaa see— L G _ ^A _ ✓ r ^_ `�� -�_^, �.. ...,.. - :tu. iii 1.,•: ii�'�'�. .. ., eE al - _•_�� 1TJ, rrl,.. l.prn �. Packet Page -216- _ 20 PRE (D 0 N ti XA seetiee 171. Baelk quib =ad;. at Ste-_4 a A f :10 ER 4 100 feeet ...... tea g ePA at innt Bn a 5i e BE a f a 5 a e e da—zj ' i: eel J ---;a zi, U be F_ 1_-_ Z. se-e4se 1Q 71-5 f4 log ket teEig r;eetjej-__- bai-6,eea re�,arsse ef- sasoadm, 59ad shLaU b :;F"Biv5d. A *4919 Y b T' SeStiga "I.- jan.E SaSiags SECTION T-WO: FINDINGS OF FA_CT A. The approved land uses within the Parklands Development of Regional impact are depicted on Exhilwit A, the master plan, which is attached her I zto and incorporated by reference herein. B. Threap Toe - lopm eut of the Parklands Commu-niry on 44- 645.8 acres of land cffve L shall L-ichade the land uses described in Section One above, Amend tents to me Development Order, at Para -.ph 4. D. The re-qutsted molendmeat to the pre7�riously approved Development Ord-_r is consist -t with the report annd review of the Southwest Florida IRt2ional PlPtir" -E counciL E. A corer e ite re—^e-vi of the i =,act -,-aeraicd by the r5auts-'td amtand:mmts has been conducted by the C-_-Lmfy depart eats and the Swfthwest Florida Re-- �,-_nal Pannin- Cotm- c-UL F The developnm eTit is Doi n an a.---a desizinated an Area of Critical State ,_o:jc= purs, to the provisions of Secuon 3 S 01. 06, Florida da Statiu neS. r S E CTI1 ON T-1 - CONCLIC, ST INIS OF-L-AW A. T-he requested ameadment of -he p=5-NiousTy approved Development Order -1oT' - R---;on 0 Is Misistmt with the report and. reco mr—mdatkms , the Sou ffilvvest F rida -al Piauni=-gg Cou—mcii-I and Go--t* , not constivate a "si-bstanitial deviation" p-Lrsuant to Section 390.06(19),. floc da R—P ess. t7V- .L01JSjj a7UPI-0-�.T_ P. 'Ilhe proposed am. end—meat to the w d D6v-,4o=.-_ni Order -wTil not - =--asonably interife-re wuth tize acl'iiuvement of the objectives of the adc-pted St-Rte I—and Developm-m-t Plan ap-oldcablit to the aroma.. C. The proposed amend .-n-ent. to the pre-viously approved Development Order -an d d-,ve1ob=t is consistu2ni. with he CoMer Com-tv Growth P! aad he !an re-zolations adopted p===t thtreto. D. I rzv proposed Lmezeiment to the pre-viously approved Develop;-nent OT-Ot-1 is r0? 23i Ler -'b b"p- Ply. -vvft --the Sta'L15 Corn -pre Pl- S'ECT-10N --,OT-TP,: HF—TECT OF PIRZY'1GUSTLY USRSUED DEV_K P-_�-e_-FTINU GRDIIEZR3q, TR =ALTO DC A, AND H—rfECTURTE DA-1 TE A- Excmat as amended hereby, Dtv,-1op=,aent Order 815-41 as amend . s-Pail reir-Eia in Rill force =--id 65---t bi =ing in accordmee with its terms on ail pard&s hereto. T"he-s amt -and5d De--lop-na-mit Order shall take precedent e- over other applicable proViOUS D-.;velopment Orders vvhieh are in conLuct -w-all It. -s of the Development et Order No. G' ;-- GZ - shall be transmifted Copies In Affair-, urmau ol rumnadiattly upon execution to thhe Depaftment of Community B Land Vet�_ Mi-nn z1-Men and 7 Land i he Soulthwe-st'Ri Re fin nja Plannin- gy Council. 21 C, This Development Order shall take effect as provided by law. BE IT F- URlH-ER- RESOLVED that this Resolution be recorded in the minates of this Board. F ;s R �soiirion adopted aver motion, second a d major':ty vote. 7 +,,i- ' � day of C;WrY✓t �UU3. one :._.� BOARD OF COUNT V CO'tX—NESSIO" 4�S COLLL P. CO • ? Y; FLORIDA BY: To, P t3 _n ":+ ice_' ,�`• : K�'u -x:71 �5�- r . 07� F''. !:.S TO '.s. ri __',�.1 T.�t� ^� Ji.J� ll`'';Cy , ii � � � ✓z :f Lam( ^�� . r.✓ i�_�r^.� Nd an 11 ,.5C LS tint Coy -:-7 Li�iO: Packet Page -218 - 7/24/2012 Item 8.A. PARKLANDS DEVELOPMENT ORDER "02 -2" RESOLUTION 02 -329 a� N r O N d' N ti Exhibit °B" t U G C : L V 'J L �i: v l,� ! : '� n ff IT vj.,gv, ila � � . 7/24/2012 Item 8.A. DEVELOP�49,EN1' ORDER a2- 2 RESOLD 710N N NM R 02- > > o A. RESOLUTION AMEhDDIG TIM DEVELOP= ORDER 851-4. A-S A?v=ZD,, OF Tfih PAIUK aMS DE'l,- WP?M,TT OF PFGIONAI IMPACT (LORI), BY PROVIDING FOR: SECTION O?- RICH REEFLECTS AMEIZMENTS TO TIC DEVELOPMFINT ORDER, -N PARTTCU -LAPL SECTION ONZE A. WffiCH REFLECTS REVISIONS TO PARAGRAPH 3, OF AN USTr= SCION OF TF—P DEVELO- 'Ni"2T ORDER €1114 EXTE?=z �WG �HE COMMv TICtl NvT DATE TO t AKC-H 11, 2004; SECTION TWO, FI qDRNUS O FACT; SECTION =S. CONCLUSIONS OF LAW; SECTIONT FOu�., Fr -FEZT OF PREVIOUSLY ISSUED DEVELOPI iENT ORDEP, TRANS?ViiTTA.T TO DCA AND EFFECTIVE DATE. W—k=lRE -AS, t_he Board of County CommisZone:S of Coll?--r (C-oup- J, Florida (the Board) appsvtd Du elopmunt Order 85-4 etthe !Deyejopm:e t Cn,:a) on September 10, I 985, wldch apFcved a Developmmt of Regiena! ImpaLt ([)P-T) lmo -T, as the Pallands: End Vv=,REAS, ' Application for Dereiop mt skip val (.4-DA) Was incorporated into aid by mi-rence ,-Wade a mrtt of the Develo Lest Owe , ate, G' 4?REA.S, ttie real properly which is the subject of the Develop -5e t Order is legally described in the Development Auer .md: GIi�R7H S, the Parklands Ordv has been :,_.rioasiv a enCed Sc, era! -L ---es _� e 0 +'r. _a ?-e �--sLrous of diP_E the De-r'ele_'vMl_ni jrdtur and Ie CoHie"i County Plai,g CSC -s im has .. ,2 near :mod mnsids -re tl'ie r=o-n and the r.eco- m- Ldstioms Gf the so7TxL- ';r:ac Flcorl1 -a R.%KiOn_f Pi: �_lin2,,y CO�.ci.i (STRZ'oC) r""2, d publ'GI1BE 9 TOG ciLT.°'i rLhe ET___,C" :? 7L 5 :0 `i:`. a:= ":ai'icls Div c1C==C OrrieT on jP..i c 20 2002; and yvHI-77FA.9, the Board of Cowry Commissioners has rcv�--wed and corSi_5c d the 'ICY crlL �c: ,or�end.?LG� 6f the S f'4' ,'PC and litIl a ri':_iv noticed ublic n ? -ID COTSICL�1 u1�3c e i - y�j 5 _ eslits to t_° ra6d^Zit: D:1 -el r v- Ords r set f ,- rth h= L! n. ca, -iLy a0 2fj0:. NOV 7, T- _ =.- REF0R✓, BE TT R E-S0 -'v- BY t E Bo -kRD, OF COLS COiY�M�SIGNI F RS Or COLj � COCrii?, LC^ A th= SECTION ONE-, OF DBY LOP :�N�i QRDH A- L sra2iaph l o an un- titled Sect?m Of tie Des-elo * 3==, ft Or(?w as d°d _or T ng Pa:idaads DPI is h— uribry _--- rleti';, to ---;6 fohows: Toe _ avclopTmunt 0-dc -, shall z-ain ii in eu ct far `he dazat ?on of the prcje.:t lzowever. in the evemt that sigrific_,t p'r,; -ical dzrelapmer_t has not commenced by 1N_zca 11, 200 is Coui�r County, de Yielopmuat 2ppi -oval Fri ?i w iTiam and ibis L�i�,'t tlopIIlBnT order shOl -o lciger b. e ec -dve. Fer the puTTposes of this ra�remjt co 71iC ct u'yE1ccl d�Jcl v" i' d6:.S �Ot LGillUP roaii, draa lao or 'aMdscp :M but does include r�stucdon .o= bu idiaz.- or staliaton of zdli' and -'ac ffillites such 2s sewer and a ater fmss. T"; is period may be ext —eL:.d by the Board. of Co -mar' CC7- i. n—r t .uu._S51G_.,� up cm Packet Page -220 - Deiz'ecr- ;4n .mC!,icz -_d by N N O N d' N ti j�I I i 5 ti- reaucst by fne Developer in the event that t=o=rollable ci:curnstznces delaythe coamusacemevt of development. SECTION TWO: FLNTT -NGS OF FACT � rlt;C A The real property which is the subject of the ADA is legally descr}bed as set for& is Br.1~tbit "A." attached hereto and by ref rerce mede a part hereof B. The application is in accordance with Section 380.06(19), Florida Statutes. C, The applicant submitted to !lie SWFR3C and the State of Florida Drpar�meni of Comamunity Asir (DCA), a Notice of Proposed Change (IvOPQ and the changes proposed were de --med not to be substemtW in nature. D. The applicant proposes the development of the parkland; project on 6422 acres of land 2n Collier Cotuty for residential, rec«ation?1 and open space uses. E. The proposed cbmiges to the previously s.uved. de-relopmmt are consistent with the report and recr-+, endations of the SWFR_I'C. F. The comprehensive review of the impact generated by the proposed ch anges to the previously approvcd DvJelopmeru Oder has been cond• -cted by Collier Couu-ty and the S WF1�C, and ue._ed not to be sebstaLal in natmm G. T ne development is not in an area dp` tc3 as an Area of C-:`c1 State Concern. pz.,,, Iant to !he provisions of Section 38D,DL, Florida �iszu.�s SECTION- E: CONCLUSIONS OFLAW A The proposed Changes to the 4-- 'prove;] Duval moot Order do not Constitute a Bubst.- algal 6xvV atiou pLu� -,L t to Section 3811'06(19), Florida Statues. The scope of the development to be omitted p-azsuamt to this Develcv -,.:t tY.z Ameadmernt iacl?:zdes eratio _s dzscribed in the Notice of Proposed, Change to a Fre— viDusly Amproved DRI Exhibit "B ". ;.a^hc hereto and by I51-- Ce made a part L =..tee£ D. The proposed changes to the pres°iou -qi7 D= V =uv ov:d alo -mm=t Order are Gor Stem with ine Iupo- -=d izzo =end tioII6 of -mbe S 3v F 2PC. C. Th vropos�d *,aageg to tnc previouevi Eppiov, d devciCp .ent w-11I not irtt.-mre with the anaiovemorat of the objectives of the adopted Sta e Land Develomncntalan a= idle to the az_a. D. 'T'he proposed chEz= to the previo °asly approved Develop mint Order are consistent with the CoMiei County Grow:- Management Flan and the Co?tia Cotmty Land Development Cods adp1w:' punu?.it th aT.Lo. Z, The proposed changes to the premmusly approved Devel =mat Order -e co=y tent hwl the Stare Cow =v_ �I3s _Fla- SEC T ZON P QUURR EFFECT OF PREXITOTTSTL Y UIRSTMD DE-v F Op'M� _ , ORDER. I .4.h'S ,-=AL O DCA AND Er i �.CTiYP- DATE A. Except a= a.'mende4 herein, S ,evelos',mant Cmder 85-A as prwmilously amnended, shall remain in islll force and ezezt, binding -a accordance with its L`'m ns oil a!'-, B'c.T'ti. Es umrmro, 7/24/2012 Item 8.A. B. Copies of the Devtlmmennt Order 02- *,0 be transmitted immediately upon to the Department of Cc=-amtj A,hairs, Burean of Land and Management and -L lue S-TP- C. . V� rl C. The Development Ord-.7 shall take --ffaat as pro -,i d ed by lam. BE IT FURT-HER RESOLVED that this Re-soludon be r--ol-ded Lm the miru�es of this Bo,--d. D= PASSED A-N-D ADOPTED a%=- motion, saccmd andmajority voT-- this _7 C. day of 2002, BO 3D OF COT-Ttgy COLLIER Co�rv., 'S BY: J uvr,� S I , -,r- n COT:RTT-4�, CF, A-7FjNIA-N -Ure Qnl,,; to 1p— Ma ler-i 5-u. Tn Ask: ant C-G, =f AtLom-i-cy DG. 22 Ou D 2 - AR -2028 r;B r Packet Page -222- Drlc'--T,* a- ivacatmd by z�i5e:e SAffiti—= �, -.1-li—A NO a� N O N d' N ti rJG -2 D6 2_1112 U, ON 0,,5 Aivr IIL0 YIGifUd LEXHI.7L 1 . "ASS Real Prcpemy Dascription Park! -2 n ds %?Q F, !110-6 J eve. Sec-tion 9. Township 45 South, ranee 26 East, Collier County, Florida 6L9,.73 em--s more or less. i I i !4 U'G - 2 2 C) Ull 2 V, r; N 10: 0 51 A Ili, H ?"Flo Of 12-XHIBIT 'R" Yi=-ch 22, 2002 7/24/2012 Item 8.A. K041 2 P, 7 F—r .5-55'417-a^909 (9U) 656-77,7720 —55 ai� >--318-S-4=55 S—u—NECOYL 749--7720 53.772,!�- RWA; 1-ic. Sudu-- Z70 ZF D:2z Or, 71�urzsa'ay -yLsich 2i, 2G.02 i � e '=' a ,v_ (( l �rin4 Cam = � � ��} N 0 PC -. .=CIDMICZ u-1 tz - I mow. S�T FL 0 RILDA- 1t2 Cif 0 LA-2`r`�T G C-0 -LLKC:) 11, --" rr Packet Page -224- PARKLANDS DEVELOPMENT ORDER "99 -377 RESOLUTION 99 -382 a� N r O N d' N ti �: GG it it By; HP LESS--jet 3100• 941 549 7055; NOV•41-Ul _:ucrm, =yam � DE,VELOrlrta N-T ORDER :3- 3 �. ► RESOLUTION NO. 99 - 382 A RSSOL'ttTTION A.MI<NTDING DENMLOPIMIET41T ORDER 841- 4, AS AWMNMED OF TH5 PARKLANDS DEVELOPMEENT OR REGIONAl U,,—TACT (Dn, BY PROVIDING POP, SECTION 'ON'E TO A-hrM ID THE DATE TER DEVELOPMENT R.EMA.D S IN EFFECT WHILE EXl7;14tDM T—H-- DATE BY WIEWH MAE SIGNIFICA -NT PHYSICAL DE- YMOPPMENT 19 TO BEGIN; SECTION TWO, FINDINGS OF FACT; SECTION TM EE, CONCLUSIONS OF LAW; SECTION FOUR, ErrECT OF PREVIOUSLY ISSUED i3E-V7EL0 -FY 'tdT ORDER., TRANSMTTTAt TO DCA 40D EFF CTWE DATE. w =-RBAS, the Be--rc+ of Cvurimy Cc ^:^ ssiorw-s of C.!i,r County, rlon epp:7'Ft; Developmr,l Order ES-4 zG E -mended !`.^°. Development Order) 0a Septer =k r 101, 19665, -W c ch 41pri•'.'•J G Dveeiopm=t Qi Rtzionrl Lmpa--, PRI) kn -wn as Cuklandis; Gr?d `�rrik^A.S, an e pz?j by the D p u°-i:at of Car..rnum-:3 Aff-alms resUtedl in a hd: h rigs approved era Mich 12, 1,996 the tol -ing date for ur.,o €es of this Dere1^am.;rt Order; 8xtd 0sZ-1:RaASS4`, z of Cclun—,j cr amiss. one s app— Kasoludon ]yuu�a`e y2 188`'8 !hch amended the Farldvidis Dryelopme t Order, on .`suly 27, 1993 having the e6e^t of - ,:rodl 2g the Cie- -. `2I1 i 0 ye-a s to y U-" a = om 'He —:P-- of ?xppro4'El for L-kizE ^, if BI� u Tit prfsicaal deve. oprnent; znd W-H R.Efi.S, t;" _Y Application fQ- � Dveioprent ippr val (ADA) La and by referertcc made a pan of the Develop anent Order; and W17 EA S, `:e r al pr Y : -,y which is t. e sssaj —.- of ttze Development 0--ralcr is itpjly descrh-ed and set f`r+:b. in xhiblt "A' to t&s Dcv�lapmeut Carder; and wMMEAS, -� P h5 ,-R �ma the va�n.�-� of tr J � crcg�y d�:,:r to ag >=�� ezt.� d the uTe t the d e-relopment order in e=-; and WHEREkS, N.Teale - Montp n-y, of Pzvesa, Gnu^ter, .;,geld, Dalton, Nom. -rison & ?¢rlserl, L.L.P. w.d K&-. -n ElF vp, of i MS, Inc., repr=..srizuza Dewey K C-argMo, hard Micha°J rroca: ci, Truants, and Korto Developme.rtt C +oup, pedt:oned the Board of County G`omunussiorrrG ofcclLf C."'Un:f, Flon:dd; to W' vid the De- n`-- yL, --nt Order; and WH IEREAS, 'he CaEtr Cc=nty 'P*'=— ::tgr C'o=i5aon uess rcrimed and cur— sidere ffe report and re caumer4a:;oes of the Southvi est Fio ;da Rezon;J; Pimping Cauncil (S`W.--TtPC) and held a oubt c hm -ffig on tiro pevtion on Septe:r er 2, 1999; and WIEB� EAS, the Board of County Commisis oners of Collier Colmty has rrrevred nd mIdend the r--mrt md re=mmen Wogs of the Sou ±-R -.-.t Florida Regional Plan� --oullcii btQIdH Zf 2 °� ate additions - �e Vie, Rai o� Packet Page - 226 - °' a` 7/24/2012 Item 8.A. s t Sy: PR LaSer.let 3100; .990 -649°705$; Nov -27 -01 2:03PM; Page 314 r , 17F %S HIM) =d the co ict County rRaung Connunission and heal a pubLe h ring on the r --tision on Szptember -8, 119"99; Find NOW, TIERLFORE, BE IT RESOLVED by the Board of Co.:oty Commissioners of Collier County,, FIceida the: sC3TCN ONB• A �.'£ OF Q =- raaaSraph 3 of = u.ntftle ; s on to Dorelcpme_nt Order g5-4, as unended, the ?ariskaada, is ht.- :by ar--2 d to mad aB Mows: Q This DS-A¢ a =t Order shsl remain in erect for the duration of 00 he grojt, Howevw, in the cvtt that &;snMcant physical deveioprs, -t his not c omr:o°i `sn =:ec r ah I L 2003 in Coliiar Cbru zty, development approval Dili t,.: , it to and this dvVelopm-mat order shat no longer be e»tive. For N prrGCSeE Of d-19 requir. a�G, :nt �`aiggmifi -$at physicai developic ."ne, T- C) does rat n- .,de raesis, dreinage or landscaping but does include N ccastruvzim of buildings ar insta cation of _*tifti -a s and f sosiitles much Nas sewer a^a H=. This time period may be txtsnde;d by ti* 3crsd of County Com=iissionwws upon by the Davelopw in the c•M:st that umcontroU1 15 ercazrastancss . delay thm c0=en—^- M--'.t o €dew'©pment. - C -TITTN i w0: FINTDT.NtGs of Far- -r A T: qt the real prce -y ? cl is the subject, of tais arnendraent petition is vi auraL Lid m c: � L'.:.TllQI: "i'sH, ct*3Clted rte✓' e.I'- f� by B. Tl:e application is in accoruazn" P3'-I Section 390.06(19), Florida S ==es- C Tcw eppleca:,t pr3pcsrs the dciciopment of the Parklands on 642.? 3' w" of land fcr stied and golfo-oursel1 o pe=, apace. D. Tad reTuest*d emmdm^ to the prmvioissly approved Dwelopmmtt der is c„nsisttra wiIh the -report and re iiew of the SWFRPC. E. A usn: rte' .s: re rerie-,v of tz4o impact g =orated by the reTawttz d MdM—" hrs —C-n Conducted by the, Ccru < 's dP=fiS==,4S -ond the S)YiPC. F. Tae development i5 not in an area d--signed an Arca of Critical State Cor3cera pur3 -= to tae provisions of Simon 380.06, Florida Stmtes, -as amended. SECEQN T°—PP: CONCLUSrON4 OF L , tL The rim =e�--td s''tend -ment it the previously approved Dcvf?oprraerct Orders is 0onslst„ nt W--6h the report end re;,cm.Menda.-l.ons of the SWF'PPC. B. The prorozed a dz t to the previo ty approved DeveloprawA 0-der 'a not = =- =b'_y MI,-e-fere wrth the aciie�—.eat of the abjwtivz of the adopt State 1Aftd D--%Pe1opn=t Flea appRoabl: to the am. ::vrriz� �tactLrLxFzed are adddtions; Words st—k 4 e- -- are deletior_e nt Bv.: PIR LaserJet 3100; 941 649 7058;- Nov-27-01 2:03PV; Peas 4/4 17F C. The proper amm—n-dment to the rmviously approved Dv� nmeat Order is consistent with the Colter Cfj=ty a0vitth M-1-ags—m-tat Plan Lad the Land Dvd#ment. RaguilWors adopted pm-ramt D. Thz proposed zhangu to the perio-aely Epp,,reed D-,,Ye!7pmzre6 an car with--I- &ft Co=rth—e-live Man, EMM O-E PM Yi(iTT^�T Y ISSUED DE=- Q-PNM=RDERM. MA-W—S=&I TO MAIM ff=--�T-, LATE ed L-mby, Developmem Ord= 95-4 sha --zin Lrt f4ij `ame and eEer,, in a=---daace with its C.'- EU gee des :!:eta. This "mmaled Order s� =L-� o n;z Aj, ot�, kpplic-able ?rrmoua D--v6oprrncr,.t which ue in --nffict thw e*ff B, Go;= of tiig DTfe1cpm5-t Order !4 a�,zjl -"mn =,,t*e:d Lrirmazd:,=--�y Upon =-=ution .'0 the D-3p&-=--It of C,-Tmeuz�vy A—=�''-S, Bure=j of T-Lad --' WLtr Mmag==% -=d th-- Sou eat Flan B c =d. Regional Plumiag Countil. 's u - - -r asheU 'zk- tff= a; -d L-y L C —- prvvr* pf. • EME iT 7 "u� of THE --a-T mnt.M, n—, DonetKis EC a OF COTUNT Y C01*22-YaSsiONEM ,-^T T T=,n n nTM� �- ^1— . . Atter". its U Stvatur-O Mij. Appravzd to For-- L�gj Suffi d-.-Ici Mwidjpe -Nf- Stu'd�t A Ssi;start County Atwmeq WQr'_--o md'arlikad are aadft I*OrLs i Packet Page -228- are 7/24/2012 Item 8.A. ent -;By: h-P LaserJet 3100; 941 649 7055; Nov -27 -01 2:02PM; Paae 114 loan R COLLIER COUNTY GOVERNMENT COMMUMTYDEV�.OPKDaAIti'DFI ?OPt1'F*..t ,1✓SEisTv;Crr,$�?IY�I(;N Pfla ling Services Departm=t 6 NGE-.h >"ot-zhm n Naples, Fjor -d& 34104 Fi - AN -NiTIG SF-R vICES - Q Octobr- l4, 1 999 Post-it' Fax Note 7571 0ate a0 EJDE 3,4t CO. tJzs. Ka; er) K- E isaop .� PK5 4f }IaS, L,.. f Phart2 k 'P! G 5 if N %335 Twmiiarri Tre' jFaz 3 `-I r -- tt Ncrf'+, S:: EEC 408 P ; o, Fez 4 O NiFles; Flaria 34I0? " CV d- p CV P� ERENC__ PtUrion INTO. DOA -T9 -02 ti Dear tt1s. Eishoo. DT-99- , CepEe! her 23, 15;9, t �e hoard of C" -nt-f Comraissi0^ers herd and BPPro red Petition No. DOA-99-p-, n. CODY m brdina_n ^a anr our` -Lis L'."39. Tfy. e as:y question , Pieue do r-'a itesi c- to ^ rlt V et'y �iyv vJ, °cri$E 1v,no, AICP C� t<+ aE P1ar ag Ivxa.ag r CC: 1" r. QDoweay R Ge. -�1i) sta 649 56 AV--nue SoE;%t -, aS,,ite 2,21 Na?ies, Florida 3430; Sandra Martin, Land Appraiser lit. Ocheltre—,,, Graphics K. Hendricks, Real Property MT. Stun tk -ire, Planter, tDevelupmear ofpec-;Qaat impact S='600- State of Flcxid -a Oepa*unea,t of Community A- -?airs 2740 Ceigej -,qew rD-Eye T'' E. -" Florida 323°9 Mr. Daniel'F:=a DIU Coordinator Svv-1RFC € O lox 3455 N rT. Payers, Fi. 3x918 _ EnclosEM I�SAn� !'Jd91 JAA +�ww 7/24/2012 Item 8.A. Exhibit "D" PARKLANDS DEVELOPMENT ORDER "93 -1" RESOLUTION 93 -288 Packet Page -230- N N O N N ti I JULY 27, 1993 DEVELOPMENT ORDER 93- 1 RESOLUTION NUMBER 93--LS-8 A RESOLUTION AMENDING DEVELOPMENT ORDER 85 -4', AS AMENDED, OF THE PARKLANDS DEVELOPMENT OF REGIONAL 111PACT (DRI), BY PROVIDING FOR: SECTION ONE A WHICH AMENDS THE TITLE OF THE DEVELA?MENT ORDER TO REFLECT REVISIONS TO THE LEGAL DESCRIPTION; SECTION ONE H WHICH AMENDS 7,13 FINDINGS OF FACT TO REFLECT REVISIONS TO THE LEGAL, DESCRIPTION; SECTION ONE C WHICH AMENDS THE FINDINGS OF FACT SECTION TO REDUCE -jm ACp=GE ATTRIBUTABLE TO THE ENTIRE DEVELOPMBNT AS WELL AS TO CERTAIN IDENTIFIED USES THEREIN; SECTION ONE D WHICH AMENDS THE CONCLUSIONS OF LAW, TRANSPORTATION SECTION, To RzF'LECT A CHANGE IN THE DESCRI•PTION OF THE P.LIGNMENT OF THE ACCESS ROAD TO BE PROIVIDED; SECTION ONE Z WHICH AMENDS THE CONCLUSIONS OF LAW, TRANSPORTATION SECTION TO REFLECT A REDUCTION IN THE MAXIMUM NUMBER OF RESIDENTIAL SINGLE FAMILY DWELLING UNITS PERMITTED; SECTION ONE r kIRICH AMENDS AN U27- TLED SECTION OF THE DEVELOPMENT ORDER TO PROVIDE FOR THE INCORPORATION OF THE AMENDED PIASTER PLAN AND PUD DOCUMENT; SECTION ONE G WHICH AMENDS THE REQUIRED DATE ]!-OR COMMENCEMENT OF DEVELOPMENT; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW, SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TPMSM'iTT;'S, TO DCA A'lD W- ,=EAs, the Board of County Commissioners of Collier County, ti;. Florida approved Development Order 8S -4 (the Development Order) an i ` +h .- '.,Saptaabsr 10, 1985 Which approved a Levelopaent cf Regional iapaet $ter; ?s • (DRI) knc:n as The Parklands; and i, the Application for Development Approval. (ADA) was incorporated into and by reference made a part of the Development .1 Order; and i-M h' EAS, the real property which is the subject of the Devel- r,_._.._ order is legally described and set forth in x6Ntibit "A" to. the -1,. Development .ceder; and WHEREAS, the owners of the DRI property are desirous of amending 5" Development order; and -tERFAS, Neale Montgomery, representing The Parklands, petitioned �'•{=' 'the Board ot'County Cc=issicners of Collier County, Florida, to amend TM - '4 the ,Development Order; and the Collier County Planning Commission has revieved and F ;considered the report and recommendations of the Southwest Florida on . . a70K ��UFkGE�C3c� -1- 5 i 7/24/2012 Item 8.A. JULY 27, 1993 iz `'~12e4ional Planning Council (SWFRPC) and held a public hearing on the :pstition on May 20, 1993; and i,-am rAS, the Board of County Commissioners of Collier County has 'ravialaed and considered the reports o:: the SWFRPC and the Collier '::County Planning Cossmission and held a public haaring on `.-he petition on _17u1y 27, 1993. 2tOW, THEREFORE. BE 'IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COMM, FLORIDA that: `"i• $E=OK OIZE• AXWOM-NT OF DF%rE'LOP1dM O'^l$ a; A. The Title to Developmen'. Order 85-4, as amended, for the Parklands is. hereby amended to read ae follow =s: , !. DEVELOPMENT ORDER 85 -4 s" DEVELOPMENT ORDER OF THE BOARD OF COtIhlY COMMISSIOiMS OF c COLLIER COUNTY, FLORIDA FOR THE P?.PXL mns PLAMM UNIT DEVZLOPKENT LOCATED IN SECTIONS & -NS 9, TOWNS3LP 48 SO -uTH, RA,`TGE 26 EAST, COLLIER COUNTY, FLORIDA. 8. Paragraph 1, Findings of Fact, of Development Order 85 -41 as amended, for the Parklands, c ds, is hereby amended to read as folloars. 1. ?`hat the real property which is the subject of the ADA is legally described as set forth in En^hibit A, �-he Planned Unit Develcpment Document for The Parklands, attached, hereto and by reference made a part thereof is hereby Amended for the pnrx>oses Z rednrtinq-the area covered by The oerklanda neyelcmnent Order 85-4. as amended so that the area is now described as fol oEs: The east one half tE 1 /2i of Section 4 mn.,MS in_ 48 Sovth Rance 36 East— county, • Florida Section 9 Townshly 48 south Range 26 East Collier gouj3t• vloridnt containing 966.31 arms mare or loss (both counties).. ' C. Paragraph 4, Findings of Fact, of Development Order 85 -4, as amended, for The Parklands, is hereby ascended to read as follows: 4 4. The applicant proposes the development of The Parklands Planned . Unit Development, for $E5:464 acres; 2,41$1,603 residential (single and scuiti- family) units. on approximately 44G r;L331.7 acres at a density of 2.5 units per acre, recreation open space ( approximately 44,S, 2;2. S acres) which gill include a golf course and club (approximately - 8110.3 acres) a 7.23 acre County Park site, a fifteen (IS) acre school site, grounds 60BK 060 PACE 190 n Packet Page -232- N O N N ti <r --T rLY 27; 1993 maintenance facilities, central water and sewage facilities, and the required rights -of -way and/or roads. p. Suti-paragraphs a, b and c c Paragraph 9, transportation conditions of Section A, Conclusions of Law of D evelopment Order -E5 -4, as amended, far The Parklands, is hereby amended to read as follows: E'": - 9, ?PSSPGkl�sTICF: 'Pk m Par lz:.ds afti site is cu gently accessible only by a gravel road on the north border in Lee County. Development of tho SRI will require paving and extension of Carrell Road to the east zRcorsttrrU fond of access roads to the site from the neL -- South, and provision of roadway improvements along Immokalee Road in Collier r_ounty- conditions: a. prior to the issuancs of any construction permits for the Parklands Phase It (Year 1991), the applicant shall ccmmi.t to construct or cause to ba constructed at no cost to the local go'terz;ment, zn access road and intersection improvements deemed necessary by the Lee and Collier county Engineers, _ Fnwrt.h and connec�.ing with Carrell running -. Road, This access rcadway shall be ccmpintad prior to the granting of any certificate of occupancy within Phase II. Following the initial construction by the applicant of the and south access roadways, are�� Chess roadways shall be placed under a monitoring program to ensure that level -of- service C is not exceeded during buildcut of the Parklands. Prior to the issuanca of any corstruction per -.pits for the Parklands ay r-oilier Coi9ncy, -" e - ke -- -- - shall CO=it to yC. ^.Strt2Ct or CaL-SB tO e constructed at no cost to the local goverment an access road and intersection mprovemerts deemed necessary by the county, 'Engineer running south and connecting with 1=0kalee Road- This access rcadway shall be completed prier to the granting of any certificate of Oc==zpancy in Collier county. b. Because several large developments have been proposed in this area, there is need for a major collector bstween Carrell ROad and Tmmokalee Road through the _arklands project. Therefore, the applicant shall provide or cause to be provided a major collector road through the Parklands Or donate right -ef -way on the eastern boundary-of the _ arklands not to ^:cceed 75 feat, subject to the approval Of the collier county Engineer. Eux :100 PA;E f i11 -3- y1•••e WT f2" X44,. 7' mss: 6' ' 5 =: I 7/24/2012 Item 8.A. JUr,Y 27, 1993 C. At the tills that any portion of the following roadways is found to exceed level -aL- service "C" (by the Collier County Engineering Department or other appropriate County Depaartzesc),rtie atalicant shall become obligated to p y a propo necessary to of the cost of the total imps maintain level of service "C "= (1) 1=6'Kalee Road from CR 951 to Parklands' south access (2) Immokalea Road from Parklands' south access to Oaks Blvd. (3) Immokales Road from Oaks Blvd. to Road. (4) Parklands south access road from Parklands boundary to Imnokalee Road. (5) Parklands � th 'hWaZtnor access road from Parklands nort11 boundary to Collier County line. E. Subparagraph 2 of subsection C of Paragraph 3, Transportation, of Section B, Conclusions of Law of Development order 85 -4, as amended, for ?'he Parklands, is here -by amended to read as follows: 2. Yotwit„hst..anding '. above, the maxirum number of residential dwelling units permitted within the Collier County portion shall not exceed ?25 single 2&ztily and 815 multi - family units. F. Paragraph 1, of an. untitled Section of Development Order 85 -4, The Parklands, is hereby amended to read as 'allows* 1. All eomitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the application for Public Hearing or rezoning and supplemental doc=ents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 631 amended Masts+ Plan and J!UD Doc%M -ent dated 7I7710Z is attar. - -rP o and by ,reference inoornorated herein as mart of this amended deveioonent _ order. G. Paragraph 3, of an untitled Section of Development Order 88 -4, aS amended, for The Parklands, is hereby amended to read as follows: 3. This Development Order shall remain in effect for tLa duration of the project. However, in the event that significant physical development 'has not commenced within Eel -Her qty t-e-n -,+Q} fourteen (141 years In j Tnliier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings - or installation of utilities and facilities such as 6Dn GOO PY- X92 -4- Packet Page -234- JULY 27, 1993 ;.. sewer and water lines. This time period may be extended by the Hoard of County Commissioners upon request by the Developer in the event that uncontrollable circumstances }' delay the commencement of development. t.,.:=: • open space uses. .: S. The proposed changes to the previously approved Development order are consistent with the report and recommendations of SWFRPC. coapr =_hansive review of the impact generated by the proposed changes to the previously approved development has been I'' acnducted by the County's departments and the SWFRPC. VL. ' G. The development is not in an area designated an ;sea of (T ��. Critical State Concern pursuant to the provisions of Section 380.05, Flcaida Statutes, as amended. SECTION TfiRSB: CONCLUS3014 of L•AW `" A. The proposed changes to the previously approved Development order do not constitute a substantial •deviation pursuant to Section x' 380.06039), Florida Statutes. The scope of the development to be permitted pursuant to this Development order Amendment includes :t.• operations described in the Notice of Change to a Previously Approved U. Exhibit E, attached hereto and by :reference made a part hereof. B. The proposed chances to the previously approved Development _4 Order are consistent with the report and recommendations of the Sir'FP.PC. bou 000PArE193 -5- i srt- r•rd1r TWO, FrNrn vs OF FACT A. That the real property which is the subject of the '"Substantial Deviation AWL is legally described as set forth in =xhib it Q F �• K' A, attached hereto and by reference made a part hereof. Op :. s: 8. The application is in accordance. with Section 380.06(19), E -.Florida Statutes. N The applicant s�_k^itted to the County a Substantial peviation ADA and sufficiency responses known as composite Exhibit 8, and by N reference made a part he eaf, to the extent that they are not N1 ?' inconsistent with the "terms and conditions of this order. ti G, D. Thu applicant proposes the development of The Parklands on zf 542.2 acres cf land in Collier County for residential, recreational and t.,.:=: • open space uses. .: S. The proposed changes to the previously approved Development order are consistent with the report and recommendations of SWFRPC. coapr =_hansive review of the impact generated by the proposed changes to the previously approved development has been I'' acnducted by the County's departments and the SWFRPC. VL. ' G. The development is not in an area designated an ;sea of (T ��. Critical State Concern pursuant to the provisions of Section 380.05, Flcaida Statutes, as amended. SECTION TfiRSB: CONCLUS3014 of L•AW `" A. The proposed changes to the previously approved Development order do not constitute a substantial •deviation pursuant to Section x' 380.06039), Florida Statutes. The scope of the development to be permitted pursuant to this Development order Amendment includes :t.• operations described in the Notice of Change to a Previously Approved U. Exhibit E, attached hereto and by :reference made a part hereof. B. The proposed chances to the previously approved Development _4 Order are consistent with the report and recommendations of the Sir'FP.PC. bou 000PArE193 -5- i JULY 27, 1993 . r-lil '` C. The proposed changes to the previously approved development i xill not unreasonably interfere with the achievement of the objectives of the adopted State land Development Plan applicable to the area. D. The proposed changes to the previously approved development f}. =6 consistent w ith the Collier County growth Management Plan and the =•': Collier County Land Development Code adopted pursuant thereto. 8 E. -,Ina proposed changes to the previously approved development ara consistent with the State Comprehans.ive Flan. 3 SaC£ZON FOUR, EFFECT GF FREJIOUSL•st ISSUED DEV"r--DM= ORDER. TpAggy -=- hL TO DCA AND EFFFCTi'VE -DAT'., A. Except as amended hereby, Development Order E5 -4 shall remain in full force and effect, binding in accordance with its terms on all 2 -• parities thereto. B. Copies of this Development Order 93- 1 shall be transmitted i:.mediately upon execution to the Depar'"".+ent of Co=unity Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional planning Council. tea. C. shis Development Order shall take effect as provided by law. _ BE IT FUR RF.SOL9sD that this Resolution be recorded in the rirutes of this Board. Commissioner Volpe offered the foregoing Rr..solution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYSS: Commissioner Volpe, Comm=issioner Norris, Commissioner Constantine, Commissioner Matthews, and Commissioner Saunders ' NAYS: ABSENT AND NOT VOTTHG: ABSTENTION: Done this 27th day of _ July NgRly HOARD OF ZONING APPEALS -t, COLLIER IIiiTYRIDA uRT L. SAUHDFRS, CIiAIRt AN ,'' €,: ATTEST: ',• � ' - �r:` <:. GET E. 3FOCif,_ER.tGTJ . tpe tvm. AS T FORif AND LEGAL SUFFICIENCY: 1, ;�,AI{TO�tIE ,�i. STUDENT ASSISTANT COUNTY ATTORNEY u DOA tao000m'1194 4 �7• • • --93 -1 p7�1ZKI�k}tDSfnb /961? 000m'1194 `3 k _ -S- Packet Page -236- 7/24/2012 Item 8.A. t i w• L N N O N N ti JULY 27, 1993 LEGAL DESC2RMICH CY AREA CCPEREA 87 A== BCDIPDARY FOR LARD LOCATED IN COLLIER COVS LEGAL .. SECTION 9, TORN:SHIP 48 SO= RANGE 26 FAST, COLLIER comrrY FLORIDA ZXHIBIT :AAN AGE1f0A 'T ¢� JUL 2 7 1393 1 Ps JULY .27. 1993 OF FMP-TDA OF comVMIT-y AUAnPZ -DIVISION OF RESOURCE PLANNING BU1MT3 OF STATE mmwnm 2740 Cantarview Driva Tallahassee, Florida 32399 9Q4/488 -4925 NOTIMCATION OF A Mopo"ED caAyrE To A PR-ZVIG-aSLy lipj-pROVED DE7=01-MENT OF 1MG10MZ MPACT (DRI) SUBSECTION 380.06(19), :FLORIDA STATUTES Subsection 380-05(19), 'Florida"Statutes, recuires that sub=- 4ttal Of ML proposed charge to a previously approved MRI be =Zda to the local governnent, tha rpslional planning agency, and the state land planning agency accart1ing to this form. I. I, Neale iioatyo�ery, ',he undersigned mwneVwatharized representative of Dewey Gargiulo, &t al,, hereby give notice of a PZOPOsed change to a previously approved Development of Regional !=pact in accordance with Subsection 380.06(19), Florida St-Itil-tes. In support thereoff, I SubrLit the following jnfo=a.tjon -klands deve-lo==t, which :Lnll'ormation is txua 00=�G=inq the Pa- and correct to tha blest of ny 3=owledge. I have submitted today, under separate cover, copies Of this completed notification to Collie; County and Lea County, to the Southwest Florida Regional Planning Council, and to the Bureau Of State Planning, Department of coz--urity (sign t; —ir EXHIBIT B Packet Page -238- 7/24/2012 Item 8.A. I ai N O N_ d' N ti JUY 27, 1993 2. 2,Pplicamt (name, address,' p:aone) . Dewey Gargiulo et al Properties, Inc. Route 2, Box 1700 Naples, Florida 33940 (813) 537 -3131 - reml, S xontqzzary Pavesa, Ca= :er, . av=r--ield, Dalton, az=r{ son P and Zensen 1833 Rend -1r Street P. cm DmT -,wer 2.507 Foe Myers, Florida 33502 (813) 336 -6235 4. Location (City, co==ty, To�acsyipfD.zngej8ection) of approved DR! ,and proposed change. %pproved DRI: The east hail of Section 4, Tounship 48 South, To-anship 48 South? Range 26 Bast, Lee County, Florida and the es..st hzlf of Section 8, less the souk 60 feet, and Section 9. T=Iship 18 Sga+i,i p�rro _6 vast, Collier County, ?lorida. Proposed change: Deletion of the east half of 5eetion S less the south, 60 fact, Toly-ns'nip 48 South, Range 26 East, C01? {i er Cour ry, FIQ=ida from the Parklands DRi. S. P=cv -lde a complete descript:ica of the proposed eh—get. Yaclude any proposed ch—gas to the plan of development, phasing, additional lands, c==encemast date, build -out date, development order conditions and requirements, or to thO rep.:esentaticns contained in eitt*r the development order; cs the Application for Devalopnent bpprovzl. Indicate such changes on then project Master site Plea, skpplementing with Other detailed raps, as appropriate. additional information mai ba requested by the Depe�_nt -er env ' revieving agemay to Clarify the nature of the charge or the resulting imisacts. mhe proposed charge s to eliminate the east hall of Se�.ior. 8, 7 48S, R262, fraat the Parklands DRI. This hall section, 323.19 acres iy-1 area, is being sold. It will be incorporated into an existing non- DPI. p`oje located in Collier and Ise County. Tire p_ewicvsly 2 €m 000%r.197 JULY 27, 1993 approved Parklands DRI consisted of a half section of land in Lee Cflanty and 1 '1/:2 sections of land in Collier County. Ha change is proposed to the land area, uses or density permitted in Lee County. The permitted residential density in Collier County is 2.5 unit per acre. it is proposed that this permitted residential density not be changed, and thus the reduction of the Collier County portion of the approved DRI by one half section will result in the n=. -ber of permitted duelling units being reduced by 807, from. 2,410 to 1,603. The acreage reduction 5--1 the Collier county portion ofLthe Parklands DRI will be from 965.4 acres to 842.21 acres. A plan of the approved Collier County portion of the Parklands Master Plan is attached hereto, and is identified as "Exhibit An and indicates both the half section to be deleted and the road alignment change which is necessitated by remcrral of the half section. The application to Collier County to modify the Parklands DRI Development Order and the PUD zoning w-411 be filed simultaneously with an application to incorporate the subject half section in the existing Quail West PDD. The Quail West PQD has been approved by Collier Coahty and is currently under development. Quail West, like the Parklands, lies partially in Collier Ccu.nty, and partially in lee County. Quail West is a low density reside.n`,.ial /golf course ec^..-Z*.tnity frith no commercial uses permitted. The previously approved Collier County PIID for Quail West Phase I authorizes.a max :13= of 325 single - family dwellings and an 16 -hole golf_ Course. Thsi previously approved portion of Quail West, which lies in Lee Bounty (Phase II) authorizes a naxim= of 225 single - family dwellings and 9 golf holes. The half section of land which Duail West is acquiring from the Parklands will constitute the third and final Quail West development phase and the rezone petition for Pha..e =1 which will be simultaneously filed with tha Parklands modification applications and will request approval "for.a maximum, of 191 single family dwellings and 9 golf holes. Thus, the complete Quail West development configuration will consist of two 18 hole golf courses and a'maximum of 786 mingle - family dwellings. A reduced Raster Development Plan for the three Quail West development phases is attached. The-half section of land be.ng transferred to Quail West from the Parklands is an active farm field and is davoid of natural vegetation except for a small am-cunt of cypress wetlands adjacent to the east boundary. The LOOK 000 w"198, Packet Page -240- 7/24/2012 Item 8.A. Pill P_ N N r O N d' N ti JULY 27, 1993 cypress wetland area is to ba incorporated in a natural preserve area. Jurisdictional wetland determinations and any required wetland modification permits vM be acquired prior to development. The subject half section is indicated by both the Parklands and Quail nest Master Plans as being a mix of residential development area, golf courser and lakes. The essential difference is that the Parklands Master Plan indicates extensive areas of Zlilti- family development within the half section, while the Quail West caster Plan indicates only urge (38rG00+ sure feet average) single- family homesites. 2-,'iju.stments to the proposed Collier County Parklands D.O. ahieix :mould be re,^essari to accommodate the reduction in the project area includes; reducing tre number of dwellings authorized, and waking appropriate acreage corrections. The =11Y other Lee and Collier county Parklands DR= Davelv,�=Q:t artier changes which era crcposed is to remove tae requirement for development of the "northwest road"; and an extension Of tune for commencement of level ovmal * of less than five years. The "nor h,,?est road" which is referenced in both the Lee and Collier Parklands Navelctmert orders, was originally deemed necessary tar general traffic circulation and to provide access to the east half Of Section 8 so that residents izt that ha?f section not have to Cc.SL zencc no�;,.ft to .L access Carrell Road (Bonita Beach Road extended ) . t The incorporation Of the east half of Section 8 in Quail West will allow fcr the construction of a road which provides the same function as the nnortpiwest road" by virtue of the fact that the street system in the east half of Sactien 8 vrill be interloc.'%ed with the remainder of the Quail West Development •- the Quays, West Development is accesssdi by a recently developer - constructed north/south roac';, Bonita Grande Road, which extends from the principal Quail, hest entry north to Carrell Road (Bonita Beach izad) . Bonita Grande Road . is a four lane divided median roadway. Additionally, a second a=ess road, :TorLhb=oke give connecting the Quail West project to =mokalee Road is planned and Will be constructed when the in- process permit applications have been approved. A letter report from the Parklands Traffic engineer regarding the "northwest road" and the change in traffic generation which will result from the transfer of the east half of Section 8 Fxoiu Parklands to Quail West is attached hereto as xuibit B. BOOK GUM PIu M JULY 27, 1993 ,he Development of the Collier county portion of the Parklands has not yet begun. The Zee County portion of the.Parklands has initiated development in that significant contributions have been made for infrastructure, such as the improvements to Carrell Road (Bonita Beach Road) and the acquisition of some necessary right -of -way. The owner of "ail west also contributed to these improvements. The elimination of the east half of Section a from the 'Parklands will result in the delay of the development of the remainder of the Parklands, because development in this area is proceeding in a logical west to east fashion. Any changes to the Parklands that may be made necessary by this change are not regionally significant in that the removal of the east half of Section B, and the commensurate reduction in density will result in a significant diminishment of the overall impacts. The elimination of the east half of Section a does not create a reasonable likelihood of additional regional impacts, and it does not meet or exceed any of the thresholds set forth is Section 380.o6(19) (b)-,F.S. The Parklands will be developed with the same overall percentage of open space as is provided for by the current D.O. See the respcnsa to cues'Uon 113 for definitive Development order ltaguage adjustments. complete the attached subst :.atial Deviation Deterriaatiaa Chat-t fez all :and use types approved in the development. if no change is proposed or has ocau. -redr im:dicate to ch=t ;a. No changes in land use types are proposed: Trhe Previously approved land use types will be reduced in Proportion to the project area reduction. The applicable information for the Substantial Deviation Determination Chart is attached hereto as Exhibit C. Zist all the dates and resolt.tion n:- -hers (a: other appropriate identification ni'm ars) df all.modifications or amendments to the originally approved Ma development o=dor that have been adopted by the local govarnment, and provids a brief descziption of the previous chances (i.e... z*y infO=ation not aLeady addressed in the Substantial Deviatioa Dete--mit-ation Chart). Eas'there been a change in local government juZisdictioa for any portion of the development since the last =p- . _Oval ar development order vas issued? if so, has the L-� WX 000PAGEt -rgl Packet Page -242- 7/24/2012 Item 8.A. I.. N N r O N 't N ti 3U'LY 27; 19.93 "I" exiag local government adopted a new DRI development order for the -project? There have been `no prior - o'lifications or amenl the originally approved DRZ development order. has been no change is the local government with jurisdiction. Lee and Collier county are still the local governments '.rith authority over their respective portions of this project. �• Describe any lands purchased or optioned with 1/4 mile of the Original DZE site IMbsequeut to the e=15r; -=a1 approval or issuance of the DR.I darelo -eat Order. ideatifp such la--d, its size, intended use, and adjacent noa- prOject land uses within 1/I mile an a Project -aster site plan Or ether map. There have been no lands Pt =chasrad or optioned within 1/4 mile of the original DR_T sits. .indicate if the proposed change is less than 40.1 (cu=ulatively sit$ other: previous changes) of any of the criteria listed in Paragraph 380.0 6 (19) (b) , F. f3. The proposed charge Is less than 40t of any of the criteria listed L-1 par grads. 380.46(19) (b), P.S. The change will resttit in a rnA_�r•+; ;on _ reduction in the avera7l dertsitq of the�azea.af and a noes the proposed change result in a change to the bm4'1 dout date ar any phasing data of tke praject? If so, indicate the proposed new builiout or phasing dates. The deletion of the east half of Section 8 gill, along Kith other factors; result is a change in the buildout pognitn d tPe. tthe jectitiatioan buildoutdeeb extended by 4 years and 364 days. Will the proposed change reg-.zire an amendment tO the local government casaprehsnsive plait; No. JULY 27, 1993 .de the following for- incorporation into such an amended .opmant order, pursuant to subsectio= 280.06(15), 7.5., and 025, Florida Administrative Code: .2. An updated master site plan or other soap of tha development portraying and distinguishing the proposed changes to the previously approved DRZ or development crier conditions. See the attached exhibit referenced in 1-5 above. .3. P=stzaat to subjection 380.06(19) (f)► P.B., include the precise languagp that is being. proposed to be deleted or added as an amendment to the Develop —n.t order. This language should add --ess and zr.tify: a. All proposed specific changes to the nature, phasing, and build -out date of the developments to development order conditions and reruireanntst to co=rmtments and reprtsentatiens in the Application for Development Approval; to the acreage attributable to each desczibed proposed change of land use, open space, areas for preservation, green belts; to st- *ructures or to bther improvements including locations, aquzse footage, number of omits; and other majc= characteristics Cr ce:mponents of the proposed change: Sea attached proposed Collier and Lee County D.O. changes. . b. 7.:% '--dated I agal descriptic:a of the property, if any project acreage is/has been added or deleted to the previously approved plan of development ;. subsequent to removal of thce east halt of Section 8, the updated legal description for the Parklands DRI will ba: The east one-half (E 1/2) c.: Section 4, Township 48 South, Ranga ,26 East, Les County 111crida MID -Section 9, 'So reship 48 south, P"_nge 26 East, Collier County, Florida containing 966.31 aces :Ora or less (both counties) . I 7 Packet Page -244- 7/24/2012 Item 8.A. i i i E i L N N r CD N d' N ti JULY 27, 1993 c. A proposed amended development order deadline for commencing physical davelopment of the proposed changes, if applicable; The County Attorney's office, it and for Lee County, has submitted that the date by which the Parklands (Lee County) development mast commence is November 2a, 1993. The applicant would respectfully request an extension of four years and 364 days, which would result in an extension of the date for the commencement of physical development to Nover;Der 19, 1998. The Applicant submits that they have already initiated physical development in the contribution to the construction of the extension of Carrell Read. Tha amendment to the development order would be as follows: (page 17 of tha DO) S. The deadline for commencing physical development under this Development Order shall be¢¢ 7���C7i/ Y¢¢ �zX ¢i�/x�r¢¢x¢l¢z /¢�?¢�x¢ni¢�}�¢ Ae.d.d,t November i9. 1998, provided that all conditions are *yet in a timely zznner and further provided that this effective period may be extended by this,Board upon a finding of excusable delay in any proposed development activity and that ccnside_z-ations have not changed sufficiently to warrant further consideration Of the development. In the event the developer fails to commence significant physical development of that property identified in this development order rr)iti rrlFYf % A!! 112 Ff+tP/ f+tx!It'/HrFf �1 a : =1�rP�rFfi7�R���rtP1�iF�FiX}�z¢ 3¢jf¢xA15 �Zi¢j�i /�,�gl¢'A j aI ?roYemaer 19. 1996, development approval shall tprm-4 -hate and the development shall be subject to further consideration. ... This Development Order shall otherwise t-erminategl in�t¢¢y��{��r /¢¢ 24 year.-- and 364 dam from its approval, date, unless an extension is approved. 2t is also necessary to request a corollary extension in Collier County. The amendment would be to Paragraph 3, following the , 1rB8 1T -IFURT= PZSCLIM, by the Board of County Commissioners of Collier County, that: The amendment is as follows- This Development Order shalll, remain in effect for the duration of the project. ItWever, in the event that sicmifieart physical development has not commenced within Collier County x¢njcxifourteen f141 years, development approval will terminate and this: development order shall no longer be effective. •jla�b'. tiy'L I.: r4• s 7/24/2012 Item 8.A. 71. -i JULY 27, 1993 d. A proposed amended development order, terminatidn date that reasonably reflects the time required to complete the development; It is herein submitted that the termination date in the I.es County development order should be extended from, twenty years to twenty four: years and 364 days. The precise Language change is set forth in the response to paragraph 13.c. above. It does not appear that a termination date has been included in the collier County DRI DO. The DRI DO states that the, "Develapmu:t order shall remain in effect for the duration of the project.» it appears that properly addressing the commencement date for the Collier County DRI Do also addresses the termination date. ..- e. A proposed amended develops ant order date until which the local government agrees that the changes to the DRS zhaa not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and The applicant is not requesting an amendment or extension of the time frane during which the project cannot be, subject to a down - zoning. f. - Proposed amended development order specifications -.o: the annr :al report, including the date of submission, contents, and parties to whom the report is submitted as specified in subsection 9 ,T- 2_.025(7), The applicant is not requesting any amendment or adjustment to the annual report requirements. fihe applicant has 'submitted the annual report each year sfnce the project was approved, and the applicant will continua to provide the annual report. 13.a. Changes to the Collier and Las county Development Orders which are necessary to confa= the nevelopment orders to the removal of the east half of 5 -48 -26 from . the DRI are as follows: 9 nox GOOFAC-EIMU4 Packet Page -246- IN-, Qi N O N N ti .TT.JLY 270 1993 ':.. . 2 :_.. The'Development Order heading is to he modified as follows: : DLOs -%iT ORDER 85 -4 y' • ; bEVELOFt NT OP-DER OF THZ BOARD OF COMM COHMISSiOh -Epz OF -$ COLLI^R COUNTY, FLORIDA FOR TEE':FAPIMA2tBS PLLITMED U=j nEvELOrxT LOFTED IN sEcc�Iloxl,3/ g TOaT�?I`P =s sOLTTH RP.NGE 26 EAST, cojZIER COUNTY. FLORIDA Fy : E.. r' 2 • Hodify the legal description referenced in. r'IN nTGS OF £ACT Item 1 as Exhibit 'An, by confor ng it to the legal description prc:,ided i_r `response to 13.b. 3. modify £INDI%GS OF FACT Item 4 a.3 follows: The applicant proposes the develc3rnen- of r2rhe Parklcnds Planned Unit Developm nt, for �y;3dkm a =es; residential (single and multi --,"' ly units on approx e?y 0.9170A awes at a density of 2.5 units per acre; retre on open space (approximately fo'efT acres) which will include a golf ecLrsa and club (aaprox=a,ely XASAZ�M acres) a 7.25 acre County Pazk'sita, a fifteen (15) acrd school site, grounds maintenance facilities, central water and sewage facilities, and the requir-ed rights -of -way and/or roads. — ---$ j 'ucty paragraph and s*�;bparag`aph a. c- S. .. �. �u8 i. t. Q� y TPUSSPORTA TION as follows: 9. ` Zx5po- Tm=om! `1"ri..'e Pazklands DRI site is: currently accessible only by a gravel road on the north border in I,_Q County. Development of the DR! will require paving and extension o; Carrell Road to the east, construction of access roads to the site from the 7A; 5X AM and south, and Provision of roadway improvements along Immokalee Road in Collier County. condi 4i on$ a. Prior to the issuance o: any const�:cticn pe=zits far tha Parklands Phase I1 (Year 1991), -the applicant shall co��� to construct cr cause to be constrr•.:c'_�ad at no cost to the local government, an access road and' intersection improvements deemed necessary by the Lae and Collier County Engineers, ,n 4ng rimrt and connecting rL with Ca: =ell Road.�T'fiis access roadway shall be c(ampleted prior to the 10 600K y, JULY 27, 1993 l granting of any certificate of occupancy within Phase 11. Folloving the initial construction by the applicant of the and south access roadways, these -rca$ ways shall be placed under a monitoring program to ensure that level -of- service C is not exceeded during buildout of the Parklands. Prior to the issuance of any construction permits for the Parklands by Collier County, the applicant shall commit Eto construct or cause to the cans':ructad at no cost to the local government yen access road and intersection imprizvements deemed necessary by the County Engineer running•south and connecting with Samokalee Road. This access roadway shall be completed prior to the granting of any certificate of occupancy in Collier County. S. Modify subparagraph c. of 9•2`kAH.SPORTATION as follows: c. n the time that any portica of the following roadways is fc=d to exceed level -of- service nCx (by the Collier Cm,nty Engineering *Depas':meat or other appropriate County Department) , the applicant shall become obligated to pay a proportionate share of the cost of tiie total improvements necessary to maintain level of service "C": (1) immokalee Road frog CR 352 t0 Parklands, south access (2) 'r— okales Road from Farklandst south •access to. Oaks Blvd. (3) Irmokalse Road from Oaks Blvd. to Airport Road (4) Parklands south access road from Paeklands .boundary to lmmokalee Road (5) Parklands ¢A`pi�i¢�€,tsiarr access road from Parklands Ear• boundary ra ollier County line. 6. Section B.3.C.2 (Collier DRI DO) shall be amended to read: Notwithstanding I. above, the maximum number of residential dwelling units permitted within =a- Collier County portion shall not exceed ,ZJT�; single family and 915 multi -fanny units. 7. This Development order shall rexain in effect for the duration of the project. However, in the event: that significant physical development has not commenced within Collier County¢�i .x IM 000 PACE 206 Packet Page -248- 7/24/2012 Item 8.A. N m O N N ti R7�• • %5;. ': `;': i(z�Y fourteen l 41 Years, develapmpnt approval will terminata and develcpment order shall no longer be effector- ve. dify t o legal description at the bottom of page 1 as F isaicatod•on the response to 13.b. indings r 7 -µp da _o am :wed as ,.allows: A. The applicart,proposes to davelop a mixed use • project including ;i ,Og�' 3:esidP--,tial dwelling units, a golf cc=;a, and 120,000 square feet of commercial suaca on apprcyixzatelY zz Tres in both Lee a-nd Collier Counties........:..... 2. Delete Sti:bsection D.2. from the T:'- ASSIPORTATIOR sec-tion of the Deveicpmant 0+ de.: ci8 follows: - Inn 000 poi 421"J7 yl S 7/24/2012 Item 8.A. Y- A 3- Modify D.3. as folla;1s: 3. The developer of The Parklands shall construct, at no cost to Lee County, t-ao paved lanes on Carrell Road from the existing payment east of z -78 (as of the date of this Development Offer) to the eastern boundary of The Parklands. The -construction of the section of Carrell Road extension from the existing payment east of I -75 to¢ shall be scheduled so that the Carrel Road improvements ara completed befo:a, � AIX one Cran e Raa nm�zw. -emen Q rtF >xr?T' " as c =Plete. 2he 'ema=ingj secEion of Carrel Roa etween ap o and the eastern boundary of par an s s all be constructed pi-zor to the issuance of any building permits for that portion of The Parklands located in Lee County. 13 wK 000FIGE209 Packet Page -250- a Q 0c C N a O N N i K'.LfL JULY 27, 19:3 Costs to be paid or- arranged for by the developer _::all ;- cl•_de the full. costs of design/ engineering, ;Utility relocation (if needed), right -of -way ac(Taisition:, construction, and relocation o-* drainage facilities (as needed). The cross - section designed for this road shall be designed to allow eventUal four-laning of CaL 'eIl Road. The alignment, design, and construction schedule for tLs pro j ec shall be approved by the Lae County Engineer. The developer of The Pm.- 3elands shall provide, at no cost to Lee county, .54 feet of right -of -Way for cbnst.ructien of Ca -=ell Road improvements- If tue developer is not able to acquire the necessary right -of -way for this road, he shall enter into an agreement with Lee Coun'+y to reimburse all costs incurred by Lee County in a condemnation actao9 if it becomes necessary to acquire this lard by condem=nation. The developer shall not be eligible for credits against Roads impact Fees for carst:uct•.ion or dedication of right -cf-yray associated with Carrell Road I- mproveterms sine -=ey are 51 .e -rGic 6, this te--m is defined in the Roads !=Pact Fee brdina.nce. Zcrraver, proportionate share payments or reinbursements from other rsers of this road shall, if obtained, reduce the cost to The parklands' developer if suppc=ted as stated in subparagraph 5 below. 4. Delete the second paragraph from D.4 -," sawthat D.4. will read as follows: The developer of The Parklands shall dedicate to Lea: County 75 feet bf right -of -Way along the eastern boundary of The parklands from Carrel! Road to tha Les County /Colliar County line for the eventual construction of a north -south collector road between Carr44ll noad and David C. Brown Righway. 14 100K 000 PAGE 2109 7/24/2012 Item 8.A. -t'lhe ,developer shall. not be eligible for credits against ` tRoads Impact Fees for this dedication. c 5. *Modify the fifth paragraph of D.6. as follows: Except as otherwise provided by County ord,-:ances, the .;developer shall not be eligible for credits against s.Roads Impact Fees for impro°lrements and right -of -way <: ;Idedications required in sections D.2, 8.3, and D.8 :,.bove since these are considered "site- related", as 11.this term is defined in the Roads Impact Fees �,Drdinance, and -in Section D.4 for the reasons stated in :that section. however, during the development the ;developer may submit a new - traffic impact statement to ithe county Engineer examining the combined effects of :approved and proposed development east of I -75 having . ' :access directly or indirectly -to Cal.7rell Road_ This :traffic impact statement, which is subject'to review, tutpon whether it meets the relevant criteria-set forth ;3n Exhibit "E ", shall, specifically address the issue of rz&ether other developers in the area are or should be tobligated to pay a proportionate share for construction tof the extension of Carrell Road�SgIf�3l,¢ %}��}3�¢ This proportionate share shall be determined by i Lee :County and shall be the proportion of the cost of C tthe arrell Road extension 971A1¢X /j1AX1tY1Y91-Y_1;V9Jd is T.' ( 500K UGOPI E 21 �N= • Packet Page -252- N r O N d- N ti 6. 8. r.: 1 - F 93 SAY 27; 1993 projQat, to total traffic: generated by the development Ls contributing to the projected traffic on 'these roads. � Under no circumstances shall this paragraph be A . construed to require Tee County or any successor lo^al d gcvarnmenta2 body with jurj:sdiction aver Carrell Road t , to pay any proportionate - share of these roads. ".Modify D.10 as follows: �. x 10. The developer agrees not to provide direct accass 'z from, Tee county to thS C-011iar County portion of The Paxk and except � L � —�' � •.ct• �. ¢i1C+itS s..akz. �etl Road extension` through the %a County Portion of The Parrlands p %X¢�i�I�I�S�tyi. and. only of ter ¢ }: Y road has been cons t -acted to the r specifications Ound'- in this DeSvelepaea-t order. =i =. -2 as Modify Exhibit "A" which is an attachment to the ?,ee Cct:nty Development Crdez, as shown on the foilc°ing page: The amendZeent to the development order shall be as follows: (page 17 of the DO) 8. 'Lh(l deadline for comaencing Physical development under this De-vello=emt Order shall a be !�����rrf:r�l�i�,d .t`y�r,Y November' 29 rasa, provided that all Conditions are Zaet: in a timely =a*Iner ;sci Puz:,Lher provided That this effective period lay be extended by this Board upon in finding of excusable delay in any proposed development activity and that. considerations have not changed sufficiently to warz :anC. further conside=ration of the development. in the avent tire. developer fails to commence significant phys ical development of that Property identified in this development order ���i�X /S�f,f Naves er 29 . 3998, development approval shall terminate and the developmant shall be subject a further consideration. , This Devalop:zant ; is 60DK coorASE ;?J Y fit:•. - r 9 -: r.: 1 - F 93 SAY 27; 1993 projQat, to total traffic: generated by the development Ls contributing to the projected traffic on 'these roads. � Under no circumstances shall this paragraph be A . construed to require Tee County or any successor lo^al d gcvarnmenta2 body with jurj:sdiction aver Carrell Road t , to pay any proportionate - share of these roads. ".Modify D.10 as follows: �. x 10. The developer agrees not to provide direct accass 'z from, Tee county to thS C-011iar County portion of The Paxk and except � L � —�' � •.ct• �. ¢i1C+itS s..akz. �etl Road extension` through the %a County Portion of The Parrlands p %X¢�i�I�I�S�tyi. and. only of ter ¢ }: Y road has been cons t -acted to the r specifications Ound'- in this DeSvelepaea-t order. =i =. -2 as Modify Exhibit "A" which is an attachment to the ?,ee Cct:nty Development Crdez, as shown on the foilc°ing page: The amendZeent to the development order shall be as follows: (page 17 of the DO) 8. 'Lh(l deadline for comaencing Physical development under this De-vello=emt Order shall a be !�����rrf:r�l�i�,d .t`y�r,Y November' 29 rasa, provided that all Conditions are Zaet: in a timely =a*Iner ;sci Puz:,Lher provided That this effective period lay be extended by this Board upon in finding of excusable delay in any proposed development activity and that. considerations have not changed sufficiently to warz :anC. further conside=ration of the development. in the avent tire. developer fails to commence significant phys ical development of that Property identified in this development order ���i�X /S�f,f Naves er 29 . 3998, development approval shall terminate and the developmant shall be subject a further consideration. , This Devalop:zant ; is 60DK coorASE ;?J Y r- f•� •B?L�Cf.$tt 7/24/2012 Item 8.A. JMY 27, 1973 0 0 Order shall otherwise terminated in 24 vears and 364 days from -its approval date, unless an extension is.approved. saoK QQQ Pis; �� 9 . Packet Page -254- f f i f JULY 27, IM EXI IBii A . tRtl.1ECT PAfiTiCIPAFfTS LEGEHi} J -'41 Q �r E N N 'IT Y s. x I=D_nwL . L 3 Atssocrr 4 COYi4[RCtFd,a L f _ F/77 sxorrixa r ansrx jf t L A clL:CtS 7 G NAM Ro" all L� •i L 4r�=s — {rte• R DELE'T'ED / Y k � ',5. RVW x Y THE PARKLANDS .T' G °'�i� -f- . s o CONCEPTUAL 34ASTER PLAN o O^ + EXHIENT ��� r lMENGED Jss� 8, Is , gnnv I9 #111tr / t-T ' B4 1246 HAYS 51'RE'e.T rant OFFICE eax sass allJJiAWM FUJRIDA 3DOI x9441 U"Rs1' 644} 22I.4344 FAX 111x•.: '. JULY 27, 1993 Ef,INLaP &. ASSOC CONSULTING ENGINEERS AND PLANNERS pHta W.'�.RR P.� PRcC�ENT' A. R. DUNIAP,IR, P.E, SFSAOR V},,;z P"���r1T December 8, 1992 % X:'Mr.',VilIiam R. Vines, President v�.}. 6t LIS &Associates, Inc. 715.TdnthSireet, South {N I Florida 33940 �FDear. Bill: Re: Notice of Change for Parklands 'DRI 7/24/2012 Item 8.A. a SUMS. s.A 1211117 T1--MD STREET, SOUTH NAFLES. FLOEMA MID {613) 2624599 FAX 16131 2W(M) KIASE REPLY TOO Tallahassee Enclosed is a traffic analysis for the change of the cast V2 of section 8, Coliier Ccunty, frnm the Parklands DRI to Quail West Phase III. As expected, the analysis indicates a significant reduction in `- Htc impacts when comparing the Quail West Phase III developmenCplan to the approved plan. A ?so, as we discussed, the access to this area is served by effectively the same road system as described in the Parklands Development Orders.. If you have any questions, please let us know. 'EFiClOSUre �vI Sincerely, -f Ricbard R. Harr, AICP NIicx President C ?•. -� UAP.AN TRANSPORTATION • RSMONAL FLANNNG • TRAV.Zr • HIGHWAY =ATION AND DESIGN SF -•' 'ASBIIIt� AOACT' AND N« STU:3E • PARxIIG • TRArriG ENOINERNSr1E DEYCPdET F- r. . 600K 000PArr214 Packet Page -256- I CV 0 N d' N ti E Mik- yt a •� ri` JULY 27, .1993 DUNLOP & AS§DCIATI;.S, LNG CONSULTIM ENCMERS AND PLANNERS December 8,1992 TRAFFIC IMPACTS bF THE PROPOSED CHANGES TO T11 PARKLANDS DRI PLAN OF DEVELOPMENT EAST 112 OF SECTION 8, COLLIER COUNTY " ?he Parklands Dlt t is being :used to accoTu-nt for shifting t?ie cast 112 of'Sectfon 8 DTs:;.,. r _(Collier County) from The Parklands development plan to the Quail West development. s•. This area, consisting of 323.19 acres, is proposed for development as Phase lU of Quail West. This traffic analysis examines the changes in traffic impacts of removing this parcel from the The Parklands and developing it as proposed in the Quail West 1II project, which will be developed at a signiu.ca,-ttly lower density. L4ND ME MJX `r The Iand use types and quantities in the cast 112 of Section 8 (Collier Cotmty) to be °.�'` - ��� �,�.? �,rn T'F�A'Ue�:'t :rt�.°• E. ^.d ::C °..�: v;.r,,..=r.Y.r� i n. :t SSl ... m Gib �tiWCUtGLL Ll1 Table 1. As indicated, the proposed plan contains 191 Single family dwelling units, SS compi r ed to 62 single family and 745 multi - family units which are to be removed from The Parklands, a reduction of 616 dwelling units. TAME I LAND USE QUANnTIES THE PARKLANDS DRI (EAST 112 OF SECTION 3) & QUAIL WEST III LAND USE TYPE APPRO'M THEPARKL.A,NDS PROP.•OSED QUAIL WMM Swni..r: FANut,Y 62 d u. 101 d.u_ MrA TI FAMR.Y 745 d u" 717 807 du. I91 du. IONA i.jLl L FATE 215 I July 2 7, 1993 WMIRLMZ 43 -43, RE PUD- 83- 24(1), PSTITION TO RZZO= CLRTAnt DIED FROM '? j'TM- PAMMAMS P;UD - ADDPTED WITH AICODMNTS Legal notice having been published in the Naples Daily Heys on July 8, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. This item was heard in conjunction with Items *12C3 and *12C4. f,- Casaissiaasr Nat-th. awed, seconded by Commissioner Volpe and ==led —isaasly, to approve Petition PUD -83- 24(1), subject to the saeadod language with regard to the school site, tbareby adopting Qrdinwmw *3-43 and sntered into Ordiaaace Book No. e2. s.:; Its:•: aC2Z>a QItaI]47cTr^Z 93 -" RE PETITICN Pan -es -3 (1) , KILLM M R. 7II€ILS or vilms f kg=* , nW.. FMnMr. T11M QUAIL WEST LIXTTED RXQUESTIM A REZONE FROM F= S43 POD FM PM OSES OF ATPACHIAG TO '.`H3 QUAIL WWT F&M A TRACT OF LAIED SAffi OUT Ot TEN PIFMJ MS POD - AMPTED SUBJECT TO STAFF'3 57TPUL&TIMM Legal notice having been published in the Naples Daily NeKs on July 8, !993, as evidenced by Affidavit of Publication filed with the Clerk., public hearing was opened. Planner Nino announced that this petition is a request to expand F' the Quail West project by 323414 acres with the development of same Including 191 duelling units and a nine hole golf course. He revealed r there is no inconsistent relationship with the Growth Management Plan and all environmental preservation concerns have been addressed. Mr. Nino advised that the Collier County Planning Comas =Sion ura- a4 mor--3y r_,......._cmded appro —1 of this petition, He noted that staff 'recommends approval of this request. There were no speakers. In answer to Commissioner Volpe, Mr. Bill Vines stated that the Aim y Corps of Engineer and Water Management District permits have zJbeen obtained and the final construction plan approvals from the or-County are currently being reviewed. 600K 1100 PAGE, 216 Page 34 Packet Page -258- 7/24/2012 Item 8.A. PARKLANDS DEVELOPMENT ORDER RESOLUTION 85 -267 a� N r O N NT N ti Exhibit "E" RESOLUTION NO. E5- 267 7/24/2012 Item 8.A. P-M-ENDING 85-4, DEVELOPMENT ORDER FOR THE YARX:ANDIS; AHMNDIN,3 SECTION A.9. B 'i ADDING SUBSECTION q ADDP�ESSING THE TIMING OF TRANS- PORTATION iMPROVZ-RENTS AND PROVIDING 2' SUB- STz'i.NTTP_T DEVIATION DETERMINATION IF IMPROVE - MENTS NOT TIMELY; P_MZNDING SECTION B.3.h:,,, PF,OVT-D!N'3 FOR AMENDED DE7VELOPMENT ORIOER -- LEE COUNTY PORTION OF THE Pp_RyL2__N1DS NOT P?PROVED Bead of Ccunty- 10 . , 1925F DeveloMMEnt 0--dEr 85-4, kno-wrn es 'The end wHE-F_Zjt:S, The Sciiithwe-st Flo-rida Regional planrling COL; cl F-7- _e=c:=erded ��o Southwe-st F-1crilcia =n the that It CC=-, f f 71 d t !-L -D IT THEREF CC, CC, 2. SECTICIN ONE: DEVELO-PHENT OFF.DER 25-4, -SECTICIN L 9 ti OW C: q T-S FOL_ 7- _ . i_ ==jnatjon shell be and a7aic-DMent O�der shall he -cQc 2L-.. e ad D if Level of Ser-74ce "C' ann-uyl Condition =22d zV se=e— tic, B7, be on the the roa`,= -1 no FDOT. Cr MPO 5 veer T-raffic Pl-=n w,�t_n identified ffundilnz; r-r (h)) if slach 4r.7:,rovsment he delet-L_L=_�m�� =­- wo= uncerl 4 _r SC are =sl ; Packet Page -260- PARKLANDS DEVELOPMENT ORDER "85 -4" 5---, a� N O N d' N ti Exhibit "F" s w t (Jt f DEVELOPMENT ORDER 85 -4 DEVELOPMENT ORDER OF TFE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE PARKLANDS PLANNED UNIT DEVELOPMENT LOCATED IN SECTIONS B AND 9 TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY. FLORIDA: 7/24/2012 Item 8.A. WHEREAS, Jimmy Adkins, Agent, for NTG Properties, Inc., Applicant, filed on September 10, 1485 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional impact ( wit ) h known es, The Parklands Planned Unit Development is accordance wit Section 380.06(6), Florida Statutes; and WHEREAS. NTG Properties Inc., has obtained all necessary approvals and conditional approvals from the various Collier County agencies, and boards required as a condition to Planned Unit Develop - departments, ment - (PUD) zoning and DRI approval; and a WHEREAS, the Board Of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 360.06 is authorized and empowered to consider Applications for Development Approval for DevelcpmEr.ts of Regional Impact, and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Coastal Area Planning Commission has reviewed and ccrsidered the report and recommendation of the southwest Florida Region- al Planning Council (SW -rRPC) and held a public hearing on the ADA on August 15, 1685; and '4HM- EA5, the Board of County Commissioners has passed Ordinance 85 -46 which rezoned the subject property to PUD; and WiiEREAS, The Parklands application for development approval is also part of an overall. rezoning application by the developer; and the issu- ance of a development order pursuant to Chapter 380.06, Florida Statutes, any powers or rights regarding the does net const'_tute a valuer Y p issuance of other development permits by the County or State; WHEREAS, on September 10, 1985, the Board of County Commissioners, accordance with Section 380.06, Florida at an open public hearing in Statutes, considered the report and recommendations of the SWFRPC; the certified record of the documentary and oral evidence presented to the Packet Page -262- t t 1 tt .j Coastal Area Planning Commission; the report and recommendations of the Coastal Area Planning Commission; the application for Development of Regional Impact submitted by Jimmy Adkins, Agent; and the comments upon the record made to this Board of County Commissioners at said meeting; and WEEREAS, thi Board of County Commissioners of Collier County, Florida, in a meeting assembled this 10th day of September, 1985, has considered the reports and recommendations of the SWFRPC, the Collier C County staff and Advisory Boards, the documents and comments upon the N a--. record made before this Board of County Corxxissioners, hereby hakes the N r following Findings of Fact and Conclusion of Lzw: O (V FINDINGS OF FACT N 1. That the real property which is the subject of the ADA is legally described as set forth in Exhibit A, the Planned Unit Development Document for The Par. lards, attached here to and by reference made a part thereof. 2. The application is in accordance with Section 350.05(h); Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency. responses known as composite Exhibit B, and by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. 4. The applicant proposes the development of The Parklands Planned Unit Development, for 965.4 acres; 2,410 residential (single and multi - family) units on approximately 498.7 acres at a density of 2.5 units per acre; recreation open space (approxi- s� mately 460 acres) which will include a golf course and club (approximately 165.8 acres), a 7.23 acre County Park site, a fifteen (15) acre school site, grounds maintenance facilities, central water and sewage facilities, and the required rights- of-way and /or roads. 5. The Development is consistent with the report and recd -menda - tions of the SWFRPC submitted pursuant to Subsection 380.06 (11), Florida Statutes. 6. The development will not nnreasonabiy interfere with the achievement of the objectives of the adopted State Land Devel- opment Plan applicable to the - -ea. 7/24/2012 Item 8.A. 7. e, comprehensive review of the impact generated by the develop- ment has been conducted by the appropriate County departments and agencies and by the SV7FRPC. 8. The development is not in an area designated an Area of Criti- cal State Concern pursuant to the provisions of Section 380.05, Florida'Statutes, as amended. 9. Tne development is consistent with the land development regula- tions of Collier County. CONCLUSIONS OF LAW NOW, TEERrFORE, BE IT RESOLVED by the Board-of County C0=issi0nFrs of Collier County, Florida, in public meeting, duly constititued and assembled September 10, 1985, that the Development of Regional Impact Applicatin for Development Approval submitted by Jismy Adkins, Agent: is hereby ordered, approved subject to the following conditions: Section A. The following condition as recommended by the SWFRPC or in response to their recommendation are hereby adopted at conditions of approval of this Development Order: 1. DRAINAGE /WATER OUALITY: A conceptual surface Water Management Plan has been proposed that should correct AO over - drainage abuses of past agricultural activities. A lake /swale detention system, using pumps for the internal drainage; along with a series of water quality "best management practices" will be incorporated into the surface water management design. Several major areas of concern of the South °lcrida Water Management District (SWFWrM) remain unresolved; yet it is felt by the District that these can be addressed at permit application time. Conditions: a. The surface water management system for the Parklands _ shall implement the design standards and water quality "best management practices" outlined in the Application for Development Approval, response to Question 22, and in the sufficiency response. b, An on -going maintenance and monitoring program that ensures regular inspection, maintenance and sampling of storm water drainage system shall be implemented , by the applicant, or his successors, throughout the Packet Page -264- N N r O N N ti project lifetime. This monitoring program should include wetland monitoring for proper hydroperiod control. c. Prior to the initiation of project construction, the developer shall provide the information specified within the South Florida Water Management District Impact Assessment report to the SFkT), SW.FRPC, Collier County for review', and that a Conceptual Surface Water Management Permit shall be obtained from the SFW1M . Collier County review shall be conducted according to the provisions of Chapter . 380.06, Florida Statutes. 2. EDUCATION: According to SWFRPPC`s estimates of students added by the Parklands to the school system and the cost for required school construction SWFRPC recommends that the applicant 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 or -=site school site also would provide the project with a needed community center. _ Condition: A fifteen (15) acre school site shall be donated to the Collier County School Board, per correspondence attached as Exhibit C. 3. ENERGY: The proposed ,project would be an all electric development and would increase the energy. demands of the Region. The applicant has committed to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. Conditions: The folio-wing energy conservation features shall to the extent practicable and feasible, be incorporated into the final -site plans and architecture for "The Parklands" or be implemented through appropriate deed restrictions and covenants in order to mitigate further the energy impacts of the proposed project. i a. Provision of bicycle /pedestrian system connecting all land uses, to be placed along all arterial, 7/24/2012 Item 8.A. collector, and local roads -within the project. This system is to be consistent with applicable County requirements. b, Provision of bicycle racks or storage facilities in recreation and residential areas. c.' Cocperation in the locating of bus stops, shelters and other passenger and system accommodations for a transit system to serve the project area. d. Use of energy - efficient features in window design (e.g., shading and tinting). e. Use of operable windows and ceiling fans. f. Installation of energy- efficient appliances and equipment. g. Prohibition of deed restrictions or covenants that would prevent or urneVssarily hamper energy ccnser- vation efforts (e ..g. building orientation, clotheslines and solar water heating systems). h. Reduced coverage by asphalt, concrete, rock and similar s,bstances in streets, parking lots and other areas to reduce local air temperatures and reflected. light and heat. - i. Ir.stallacion of energy - efficient lighting for streets, p 8 arkin areas, recreation areas, and other ±nterior and exterior public areas. j. Use of water closets with a maximum _flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 eallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, Florida Statutes. f k. Selection of native plants, trees and ocher vegeta- tion and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 1. Planting. of native shade trees to provide reasonable shade for structures, streets and parking areas. M. ?Tacement of trees to provide needed shade in the warmer months while not overly reducing the benefits Packet Page -266- of sunlight in the cooler months. n. Planting of native shade trees for each residential unit. o. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. p. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when Q natural shading cannot be Lsed effectively. c E q. Inclusion of porch /patio areas in residential units. f r. Consideration by any project architectural review N ccmaittee(s) of energy conservation measures (bath O (V those noted here and others) to assist builders, d N residents, and others in their efforts to achieve ti greater energy efficiency in the development. 4. FIRE PROTECTION: The project 1s proposed as a single community. However, fire protection services are current- ly provided by two independent districts, located in separate counties. In order to ensure that service is provided without unduly burdening one of the districts, timely improvements in both Districts will be needed. In Collier County, the proposed development is located within the North Naples Fire Control District; response time is estimated to require 10 -13 minutes. North \aples Fire Chief, James Jones, has stated that existing fire facili- ties and equip =ent are not adequate to provide protection to future Parklands development. Chief Jones estimates that the Parklands will create a need for additional trucks and additional personnel. The applicant shall mitigate the project's negative fiscal impact by contrib- uting in a timely manner its fair share of the capital and operating expenses to provide adequate fire protection services to the project and surrounding fire district, as determined by the local government and the fire district. . 7/24/2012 Item 8.A. The Ncrth Naples Fire Control District should .ocrdinate with Bonita Springs Fire Control and Rescue District to formalize a response policy to assure that residences in Let County can be protected when necessary by the North Naples district during all phases of road and residential construction. Condition: The developer shall donate /make cash payments to the North Naples Fire Control District as per agreement (Exhibit D, attached hereto and by reference made a part hereof) approved by the North Naples Fire Control District Board on August 14, 1585. 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 coordina- tion 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 goverrsent and the school board 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 government and 'both counties' school boards. The-impact on the Collier county government, *however, will be nega- tive for all years. The applicant will make co=itments 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 include a small co=ercial romponent within the Collier County portion of the project; *not claim agricultural exemptions for undeveloped phases in the Collier portion; and to require the dedication of public facilities to serve the population within the project. Packet Page -268- i I N y-. N r O N d• N ti Conditions: The applicant has agreed to dedicate a park site to the County, a school site to the School Board, donate money to the Fire District; and provide required rights -of -way. All of these should mitigate the project's fiscal impacts. 6. HEALTH CARE: The Naples Community Hospital Ncrth Collier Health Center will provide emergency medical service to the Collier County portion of the project; response time is estimated to require four to six minutes.- Lee County Emergency Medical Services will service the Lee County portion; response time is expected to be six minutes. Condition: The Collier County Emergency Medical Services shall coordinate with the applicable Lee County Agency to assure a coordinated response policy for providing emergency medical services to the project during all 1 phases of development. 7. HOUSING: Few resident families in Lee or Collier Counties will be able to afford to Durchase a residential unit in the Parklands unless the family has other assets in addition to earned income. Consequently, the employees of the commercial development proposed for The Parklands in -Lee County will generally not be able to live within the project. Condition: The Developer is strongly encouraged to include an appropriate number of on -site dwelling units for prospective employees of the proposed commercial and office establishments. (Note: the commercial is proposed within Lee County.) S. POLICE PROTECTI0N: The Collier County Sheriff's Depart- ment affirms an ability to serve the Parklands project. Collier County Deputy Chief, Don Hunter, estimates that the project will create a need for an additional six (6) patrol deputies which he estimates to cost $192,000 at project buildout and each year thereafter (constant 1984 dollars). Conditions: The Collier County Sheriff's Department is hereby requested to coordinate with Lee County Sheriff's Department to formalize a response policy that will assure 7/24/2012 Item 8.A. police protection when necessary to Lee County Parklands residents, at all phases of access road residential construction. 9. TRkNSPDRTATIOh: The Parklands DRI site is currently accessible only by a gravel road on the north border in Lee County. Development of the DRI will require paving and extension of Carrell Road to the east, construction of access roads to the site from the northwest and south, and provision of roadway improvements along Immokalee Road 'in Collier County. Conditions: a. Prior to the issuance of any construction permits for the Parklands Phase II (Year 1991), the applicant shall commit to construct or cause to be constructed at no cost to the local government, an access road End intersection improvements deemed necessary by the Lee and Collier County Engineers, running northwest and connecting with Carrell Road. This access roadvay shall be completed prior to the granting of any certificate of occupancy within Phase II. =olloving the initial construction by the applicant of the northwest and south access roadways, these roadways shall be placed under a monitoring program to ensure that level —of— service C is not exceeded t• during buildout of the Parklands. Prior to the issuance of any construction permits for the Parklands by Collier County, the applicant shall commit to construct or cause to be constructed at no cost to the local government an access road and intersection improvements deemed necessary by the County Engineer running south and connecting with Immokalee Road. This access roadway shall be com- pleted prior to the granting of any certificate of occupancy in Collier County. b, Because several large developments have been proposed in this area, there is need for a major collector between Carrell Road and Immokalee Road through the Packet Page -270- 0 N N r O N d' N ti Parklands project. Therefore, the applicant shall provide or cause to be provided a major collector road through the Parklands or donate right- of -wzy on the eastern boundary of the Parklands not to exceed 75 feet, subject to the approval of the Collier County Engineer. C. At the time that any portion of the following -road- ways is found to exceed .level -of- service "C" (by the . Collier Counnty Engineering* Department or other appropriate County Department) , the applicant shall become obligated to pay a proportionate share of the cost of the total improvements necessary to maintain level of service "C ": (1) Immokales Road from CR 951 to Parklands' south access (2) Immokalee Road from Parklands' south access to Oaks Blvd. N (3) Immokales Road from Oaks Blvd. to Airport Road (4) Parklands south access road from Parklands boundary to Immokalee Road (5) Parklands northwest access road from Parklands boundary to Collier County line. d. At the time that any portion of the following intersec- ticns is found to exceed level -of- service "C" (by the Collier County Engineering Department, or other appro- priate County Department), the applicant shall become obligated to pay' a proportionate share of the cost of s!gnalization, turn lanes, and other improvements deemed necessary by Collier County. (1) (2) (3) (4) (5) (6) (7) Immokalee Road and CR 951; Immokalee Road and Logan Blvd. Extension; Immokalee Road and Oaks Blvd.; Immokalee Road and I -75; Immokalee Road and Livingston Road; Immokalee Road and Airport Road; South Access Road and Immokalee Road (Collier County). e. The Developer's fair share shall be determined during final plat approval cf each phase of development for any road• segment or intersection listed herein, which will be operating below Level of Service "C" (Average Daily Trips) at the buildout of that phase. The Developer's fair shall shall be the project traffic's 7/24/2012 Item 8.A. percentage of total traffic on the road segment/in- tersection at the buildout of that phase, including that phase, as projected at the time of platting. Once the Developer's percentage fair share is determined and the County or FDOT have estimated the cost for the needed improvement, the Developer shall provide assurance of its ability to pay its fair share by providing security acceptable 'to DCA and the entity responsible for improving the road segment /intersection. Such sacurity may take the form of a letter of credit, escrow account, mortgage, bend, or other similar security. The actual cost of the needed improvement and Developer's share shall be determined at the time of letting the contracts far construction of the needed improvement by the agency making the improvement(s). Payment of the Developer's proportionate share shall be due at the time of letting of said contracts. Service level determination shall be made by either the Collier County Engineering Department, Lee County Engineering Department or iuOT. To this end, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, M70, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted at the time of the issuance of the first certificate of occupancy for T•re Parklands. Reports shall be submitted annually until buildout of the .Project. This report shall include traffic counts taken on a weekday during peak season at the access points to the site and turning mcvemen is to the following intersections: (1} (2) (3) (4) (5) Packet Page Immokalee Road'and CR 95i (Collier County); Immokalee Road and Logan Blvd. (Collier County); Immokalee Road and Oaks Blvd. (Collier County); Immokalee Road and I -75 (Collier County); Immokalee Road and Livingston Road (Collier Y} ; 272- N N r 0 N d' N ti (6) Immokalee Road and Airport road (Collier County); The purpose of the monitoring report shall be to indicate when LOS "C" is exceeded on impacted road- ways and /or intersections and to provide updated information 'to more accurately forecast project buildout traffic and total traffic for determination of proportional share.. f. Prior to final plat approval for each phase, the applicant shall submit a traffic study to the Collier County Engineering Department, the Collier County /Naples 1,120, the FDOT and the Southwest Florida Regional Planning Council. This study shall include the traffic counts from the most recent annual report and projections of project traffic, through comple- x tion of that phase, on the road intersections listed in paragraph (f) and the regional road segments identified in (e) hereof. Fiici plat approval of at n ddi' -un 1 rhasa >.•'ll ••--t be granted until the fair share required for the project, including the additional phase, has been secured and all payments which were previously due hage been paid. If a proposed phase would cause a road segment /intersection listed above' to e_:ceed LOS C. the Developer shall have the option of delaying development of the proposed phase until funding commitments are secured from responsible entities and construction has commenced. ALTERNATIVES: a. Impact Fees anal /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 PL'D, this fee or assessment shall be substituted for the fair share payments required by this Development Order and /or PUD for the types of improvements 7/24/2012 Item 8.A. (State, Regional 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 of assessments) 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/assess- ment contribution. b.- Other Alternatives: It is understood that the specific conditions listed above require commit- ments for payment from the developer and implic- it commitments for construction from local and State agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by Stare 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. 10. WASTEWATER MARAGEMENT: The applicant proposed to provide on -site wastewater collection, treatment and disposal. w The specific location of the holding ponds has not been provided.. Ccndi__ion: The specific location of the holding ponds must be provided at the time of pe=it application and prior to project construction being initiated. A minimum 1000 -foot separation. is regeired between the proposed ponds and any retention /detention areas of the surface water management system. i Packet Page -274- N N O N d' N ti M .A 11. WATER SUPPLY: Three options are under consideration for the water supply for this proposed project. They are the following: (a) the Collier County portion to be served by an on —site wellfield withdrawing from the Tamiami Zone I Aquifer; (b) the Bonita Springs Water System to serve both the Lee County and Collier. County portions or the project; or (c) or. —site wellfield; withdrawing from the Tamiami Zone I Aquifer, to serve both the Lee County and Collier County portions. Condition: a. I£ an on —site wellfield is developed for all or part of the project, more detailed information shall be required at the time of permit application to confirm k that the wellfield as proposed will have no adverse impacts on the resource, other existing legal users, or the environment. b. In the event that 'the Bonita Springs Water System. is used to supply all or part of the potable water demand, the Collier County Utility Division and any other proper regulatory body must approve an expansion of the service area. C. Water conserving devices shall be installed in all new construction, as required by state law (Chapter 553,14, F.S.). 12. LEAPrROC DEVELOPMENT: The proposed project constitutes unanticipated development in an area which is = urrently in intensive agricultural use and is largely undeveloped. It is not within the major growth areas of either Lee or Collier Counties. The provision of services by local government will involve an extra effort to reach this Iocntion. Additionally, the development is phased so that residential unit construction does not begin within the Lee County portion until approximately six years after project initiation. This intervening period could result in the conditions upon which the review is based to change, so that unanticipated adverse impacts could occur. 7/24/2012 Item 8.A. 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. 13. GENERAL CONSIDERATIONS: In the 6.DA for "The 'Parklands," nuarerous commitments were made by the applicant to miti- gate project impacts. Many but not all of these commit- me-its are listed in the staff assessment. Conditions: a. A11 commitments and impact - mitigating actions provid- ed by the applicant within the Application 'for Development Approval (and supplementary documents) that are not in conflict with specific conditions for x project approval outlined above are officially adopted as conditions for approval. b. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest ^lorida Regional Planning Council, the Department of Cot =Unity Affairs and all - affected permit agencies as required in Subsection 380.06(16), Florida Statutes. Section B. Cortaitments specified in the PUD Ordinance as set forth in Exhibit A. attached hereto and by reference made a part hereof•• are hereby adopted as conditions of approval of this Devel- opment order as follows: 1. WATER MANAGLI�MT: - a. Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. b. An Excavation. Permit will be required for the pro- posed* posed lakes in accordance with Collier County Ordi- r:ance No. 80 -2fi, as amended by Ordinance 1, 83 -3 and Packet Page -276- amended in the future. 1 ;0 N N r O N d' N ti 2. ENVIRONMENTAL CONSIDERATIONS: a. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing. plan shall clearly depict how the,- final site layout incorporates 'retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal as much as practicable. b. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species 4-nd their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost or, the site during construction or due to past activities as much as practically and econom- ically feasible. C. All exotic plants, as defined in the County- Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development a mainte- nance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will descritie control techniques and inspection intervals, shall be filed with and ap- proved by the Natural Resources Management Department and the Community Development Division. . a d. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is 7/24/2012 Item 8.A. discovered, all development at that location shall be i=ediately stopped and the Collier County Natural Resources Management Department, the Bureau of Historical Sites and Properties, Florida Department cf State shall be notified. Development will be suspended for a sufficient length of time to enable these agencies /departments to assess the find, sad ciete=.ine the proper • course of action in, regard to its salvageability. e. The boundaries of the wetlands shall be flagged, and reviewed by the County Environmentalist and surveyed prior to land clearing or grubbing. 3. Transvor�ationc a. The petitioner, his successors or assigns, shall dedicate 75 feet along the eastern boundary of the project to the County. for use as future right -of -way. The dedication shall be made at a time requested by `. er, the County or at the convenience of the petition whichever occurs first. b. The petitioner, his successor or assigns, shall cause to be dedicated to the County a 75 foot wide right- of-way along the east section line of Sections 16 and 21, Township 48 South, Range 26 East. •Further, the petitioner shall cause to be constructed a minimum of two (2) lanes of a future four i4) lane arterial road along such right -of -way. This roadway is to serve as the main entrance to that portion of the project in Collier County. In the event that the County's assistance is needed in acquiring the right -of -way, as in the -rase of eminent domain proceedings, the petitioner shall be responsible fcr all acquisition costs incurred by the County, including legal costs and land costs. —,.. It is also understood and agreed upon that any developments approved by the County in Sections 16 and 21, Township 48 South, Range 26 East shall be required by the County to donate and improve their Packet Page -278- is of the above noted right -of -way and road N N O N d' N ti a)� f r improvements. c. In the event that the access described in b. above cannot be provided at the time of the commencement of construction on the project, the petitioner may utilize an existing 60 foot wide easement to provide a temporary access to the project from Immokalee Highway. The roadway constructed on such easement shall be to the standards provided in the Subdivision Regulations to the extent possible and be located generally as depicted in the Application for Develop- ment Approval (ADA). To the extent that this temporary facility is needed, and because of the limited access afforded by the easement, the project development shall be restricted in the following manner: 1. No additional building permits for any generator shall be issued at such time as the average daily colame of travel on the access road exceeds 1,800 ADT. 2. Notwithstanding 1. above, the maximum number of residential dwelling units permitted within Collier County portion shall not exceed 185 single family and 915 multi-family-units. 3. The petitioner agrees not to provide internal access to any portion of the project located in Lee County unless and until an approved access is provided via Lee County roadways. Construc- tion of the above. temporary road' will not release the petitioner from the responsibilities outlined in b, above. 4. The permitted number of dwelling units under item c.2 above may be changed using the follow- ing criteria: Single- Family 10 ADT Multi - Family b ADT s d. The petitioner shall reserve a 75 foot wide right - o.f -way along the southern project boundary line. in the event that .such reservation is needed for the • ; . ( 7/24/2012 Item 8.A. construction of an east -west collector. roadway, the petitioner, his successors, or assigns shall dedicate said land at no cost to the County. e. The petitioner, at his option, in lieu of reserving such lands for a future roadway as outlined in d. =ay elect to construct the southernmost east /west roadway within the project to collector road standards end along an alignment acceptable to the County Transpor- tation Director to serve as that portion of the proposed east /west collector that would Otherwise be adjacent to the southern boundary of this project. Such internal collector will provide for the neces- sary connections to the east and vest. f. The developer shall provide separate left and right turn lanes on I=okalee Road at the project's south a access road prior to the issuance of any certificates of occupancy, and shall make a fair share contribu- tion toward the capital cost of a traffic signal when deemed warranted by the county Engineer. The signal s1riall be owned, operated and maintained by Collier County. g. The developer shall bear the entire cost of all traffic signals which may become needed at intersec- tions within the project. h. If the Lee County portion of the Parklands is approved, the developer shall provide a. revised Traffic Analysis which shall be reviewed by Collier County staff. Required traffic mitigation s`.all be adjusted according to the findings of the Traffic F�alysis and as approved by Collier County Staff. 5. Utilities, A. Water a Sever (Collier County) 1. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within Packet Page -280- N N r O N d' N ti platted rights -of -way or within utility ease- ments required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or trans- ferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and 'Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. c. All construction plans and technical specifica- tions and proposed plats, if applicable, for the proposed water distribution and sewage collec- tion and transmission facilities must be re- viewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribu- tion and sewage collection facilities will be customers of the County and will be billed by the County in accordance with Florida's Public Service Commission approved rates. Should the County not be in a position to provide water and /or sewer service to the project, the water and /or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and /or sewer facilities are available to serve the project. i 4: it is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and /or receive and 0 7/24/2012 Item 8.A. treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and /or receive the profect's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on -site treatment facilities and /or interim on -site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An Agreement shall be entered into between the county and the Developer, binding on the Devel- oper, his assigns or successors, legally accept- able to the County, prior to the approval of construction documents for the proposed project, stating that: a) The proposed water supply and on -site treatment facilities anti /or on -site wastewater treatment and disposal facili- ties., if required, are to be constructed as part of the proposed project and must -be regarded as interim; they shall be con- structed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off -site water facilities and /or off -site sewer facilities are available to service the. project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(its) may not be expanded to provide water and /or sewer service outside the development boundary approved by the County without the written consent of the AMW County. Packet Page -282- N N O N d' N b) c) d) Upon connection to the County's off -site water facilities, and /or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. 'A11 work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and /or sewer facilities when available along CR 846 will be made by the owners, their assigns or successors at no cost l to the County within two— hundred seventy (270) days after such facilities become available and legal access is available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and /or sewer lines necessary to make the connection(s), etc. The developer may share these expenses with 'other useres, if applicable, or if the developer funds more than its proportionate share' - of these costs, then the County shall collect and reimburse Developers when other useres connect (on a proportionate basis) to the system. At the time County off -site water and /or sewer facilities are available for the z project to connect with, the following water and /or sewer facilities shall be l 7/24/2012 Item 8.A. conveyed to the County pursuant to appro- priate County Ordinances and Regulations in effect at the time: 1) All water and /or sewer facilities constructed in publicly owned rights -of -way or within utility easements required by the County within the project limits and those additional facilities required to make' connection with the County's off -site water and /or sewer facilities; or, 2) 2.11 water and sewer facilities re- quired to connect the project to the County's off -site water and /or sever facilities when the on -site water x and /or. sewer facilities are ccn- structed on private property and not required by the County to be located within utility easements, including,, but not li -itad to the following: a) main sewage lift statica and force main inter - connecting with the County sewer facilities including all utility easements necessary; b) if applicable, water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer' shall 'become customers of the z County at the time when County off -site water and /or sewer facilities are available Packet Page -284- r" 1 ;4 N N r O N "It N ti to serve the project and such connection is made. Prior to connection of the project to the County's off -site water and /or sever facilities the Developer, his assigns, or successors shall turn over to the County a cotiplete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and /or sever service billing for the project. f) All construction plans and technical specifications related to connections to the County's off -site water and /or sewer facilities will be submitted to the Utili- ties Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate .County Ordinances and Regulations in effect at the time of Permit request. This requirement shall b0 made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water discri- bution and /or sewage collection and trans- mission system for the sum of $10.00 per year, when such system is not connected to the off -site water and /or sever facilities owned and operated by the County. Terms of 0 ( 7/24/2012 Item 8.A. the lease shall be determined upon cotiple- tion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facili- ties and /or the sewage collection, trans- mission and treatment facilities. The Lease, if required, shall remain in. affect until the County can provide water and /or sewer service through its off -site facili- ties or until such time that bulk rate water and /or sewer service agreements are negotiated with the interim utility system serving the project. B. Data required under County Ordinance No. 80 -112 showing the availability of sewage service, must be a submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on -site water supply, treatment and transmission facility is utilized to serve the proposed project, it _ust be properly sized to supply average and peak day domestic demand, in acdition to fire flow demand at a rate approved by the appropri- ate Fire Control District for the phase under development. A detailed design report verifying the plant capacities must be submitted to the Utilities Division with the construction documents. D. Water and sewer service shall be provided to the project pursuant to the following requiremencs: Water: The Lee County portion of the project shall be supplied by a system located within Lee County. Water service shall not extend across County lines z unless authorized in writing by Collier County. The Collier County portion of the project shall be Packet Page -286- N N r O 04 It N ti C, supplied from the facilities of the County, if available, or from interim on —site or off —site water supply and treatment facilities found to be accept- able to the County. Sewer: An interim sewage treatment and disposal facility located in Collier County shall provide service to the part of the project in Calller.County and may provide service to the entire project'. if the facility is utilized to provide service to the part of the project in Lee County, the sewage collec- tion and transmission facilities located in Lee County, which would contribute sewage flow to this X, shall be owned, operated and maintained by the Developer, his assigns, successors or other entity acceptable to Collier County. If the use of a a single treatment and disposal facility is governmen- tally unacceptable, two (2) separate sewage treatment facilities, one (1) in each County must be con — r.Cruzced to serve the project, any joint method of sewer service for The Parklands project must be found to be mutually agreeable by adopted Resolution by the Board of County Commissioners of Lee and Collier prior to com:mencemenc of construction document review by the Utilities Division. E. When the County has the ability to provide sewage treatment and disposal and /or water supply and distribution services, the Developer, his assigns or successors will be responsible to conr_eet to these facilities at a point to be mutually agreed upon by the County and The Parklands owner, with The Parklands assuming all costs for the connection work to be performed. F. The project's Owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project a limits, for irrigation purposes. The Owner would be responsible for providing all on —site piping and pumping facilities from the County's point of deliv- 7/24/2012 Item 8.A. ery to the project and negotiate with the County to _o provide full or partial on -site storage facilities, as required by the DER, consistent with the volume of treated Wastewater to be utilized. If shown to be necessary to serve the project by the County, a water storage tank and repump site shall be provided by the Owner on -site of a size and location to be mutually agreeable to the County and The Parklands owners. If necessary to serve the project on an interim basis, The Parklands may be required to install a water storage tank on -site if County water facilities are not available at the time development coaZences. Should the County desire to oversize these facilities, in antieination of future demands when the County's water facilities available to serve the project, the County shall r,ogotiate a satisfactory method of reimbursement to the Developer for such oversizing. Construction and ownership of the crater and serer facilities, including any proposed interim water and /or sewage treatment facilities, shall be in coWpli- ante with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Ccmmission has granted territorial rights to the Developer to provide sewer and /or water service to the project until the County can provide these services through its water and sewer facilities. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems' to serve the project must be submitted with the construction documents for the project. The report 'shall list all design assumptions, demand Packet Page -288- G. H. F: J. a� 7/24/2012 Item 8.A. ery to the project and negotiate with the County to _o provide full or partial on -site storage facilities, as required by the DER, consistent with the volume of treated Wastewater to be utilized. If shown to be necessary to serve the project by the County, a water storage tank and repump site shall be provided by the Owner on -site of a size and location to be mutually agreeable to the County and The Parklands owners. If necessary to serve the project on an interim basis, The Parklands may be required to install a water storage tank on -site if County water facilities are not available at the time development coaZences. Should the County desire to oversize these facilities, in antieination of future demands when the County's water facilities available to serve the project, the County shall r,ogotiate a satisfactory method of reimbursement to the Developer for such oversizing. Construction and ownership of the crater and serer facilities, including any proposed interim water and /or sewage treatment facilities, shall be in coWpli- ante with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Ccmmission has granted territorial rights to the Developer to provide sewer and /or water service to the project until the County can provide these services through its water and sewer facilities. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems' to serve the project must be submitted with the construction documents for the project. The report 'shall list all design assumptions, demand Packet Page -288- I- 0.0., N N O N N ti 6. 7 8. rates and other factors pertinent to the system under consideration. k. The developer shall contribute his fair share of the cost of installing a sewer transmission line from the project to any acceptable off -site sever treatment plant facility and return (treated affluent) transmission line from such an off -site treatment plant facility. to the project. The County shall cooperate and assist in securing all needed off -site easements. The details of this item shall be mutually agreed upon between the develcper and the County at a later date. Mosquito Control: a. ine developer shall petition the Mosquito Control District to have the site included into their district. Parks and Oven State: a. The developer shall donate to the County a 7.23 acre site for use as a neighborhood park. The site is intended to be located in the vicinity of the elemen- tary school site in the Northeast corner of the Collier County portion of the project. b. If the site is- not used or needed within sever, (7) years from the date of the PUD /DRI approvals then a payment in lieu of may be made provided such a payment is mutually agreed upon by the County 'anal the project sponsors. Exemptions to the Subdivision Regulations: a. Article X, Section 16: Sidewalks /bicycle paths will be provided on one side of the street, except that or. single family cul -de -sac right -of -ways, the sidewalk requirement shall be waived. b. Article X, Section 19: Street name markers and traffic devices shall be approved by the County Engineer but. need' not meet the U.S.D.T.F.H.R.A. Manual on uniform traffic control devices. Street pavement painting, striping and reflective edging on 28 7/24/2012 Item 8.A. secondary road system shall be waived. Reflective edging of main road system shall be waived. C. .Article XI, Section 10: PP.H's installation in a typical water valve cover shall be waived. f. Article X, Section 24: The requirement of utility casing installation shall be waived. e. Article XI, Section 17H: The 1,000 ft. maximum dead -end street length requirement shall be waived. f. Article XI, Section 17I: Sack curb radii at street' intersections shall be a minimum of 30 feet. g. Article XI, Section 17J: The requirement for 100 feet minimum tangent at intersections of secondary road rystem will be waived. h. Article XI, Section K: The requirement for 100 feet tangent sections between reverse curves of secondary y road system shall be waived. i. Article XI, Section 21: The requirement for blank utility casings shall be waived. BE IT FURTHER RESOLVED, by the Board of Ccunty Co =­ssioners cf Collier County, that: 1. All commitments and impact mitigating actions provided by the applicant in the Application, for Development Apprcval and supplemental documents and the application for Public Hearing for rezoning and supplemental documents that are not in con- flict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Develop- ment Order. 3. This Development Order shall remain in effect for the duration of the. project. However, in the event that significant physical development has not commenced within Collier County ten (10) years development approval will terminate and this development order shall. no 16nger be effective. For purposes i of this requirement "significant physical development" -does not include roads, drainage or landscaping but does include con- Packet Page -290- I4 N r O N d' N ti a ra 4. 5. struction of buildings or installation of utilities and facili- ties such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. The applicant or their successor(s) in title to the subject property shall submit a report annually, 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 Community Affairs. This report will contain the information required in Section 9B- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed- by Subsection 360.06(16), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 360.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, afte. due _ notice and hearing, that one or more of the following is present; F. A substantial deviation from the terms or conditions of this development cider, 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 development order as provided herein. Upon a finding that either of the above is present., the Board- of County. Commissioners of Collier County shall order a termi- nation of all development activity until such time as a new DRZ Application for Development Approval has been submitted, reviewed and approved in accordance with Section 360.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not,be construed to obviate the duty of the i applicant to comply with all other applicable local or state permitting procedures. 34 P 7/24/2012 Item 8.A. 7. The definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this Develop - went Order. B. That this Order shall be binding upon the Developer, 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 effec- tive 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 effect the remaining portions of this, Order which t shall remain in full force and effect. 11. This resolution shall become effective as- provided by law. 12. Certified copies of this order are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. DULY PASSED AND ADOPTED this ¢ay of Se,t, 1955. DATE: September ]0._7985 BOARD OF COUNTY C014MISSIOVERS COLLIER COUNTY, FLORIDA ATT BS7d 'n•+/ EY FREDEFACK J. VOSS, CHAI&`SAN A °PROVE S TO FQPIM KND LFGAi STT 1:*ICIE.jlCY KENNETH B. CUYLER ASSISTANT COU AT I Development Order Parklands 1 Packet Page -292- 31 r i N N r O N N t` r I -N orth XT -N apie8 v ire ,ont r©i & Re3^u> _ lAstrict 1,441 PIMP; RIDGE" ROAD - NAPLES, FLORIDA 33952 (A 13) 597.3222 August 30, 1985 �`. 2rederick J. Voss, Chairman `• "'� Board of Commissioners of Collier. pounty -5- Government Center � Tamiami Trail, East / 4 Naples, Florida 33939 Dear Commissioner Voss; ?lease be advised that an agreement has been reached between the Com- missioners of this District and the principalo of a planned unit devel- opment known as "The parklands" with regard to mitigation of the im- pact of the P.V,D, to the additional fire services facilities that this District will have to provide in the future in its northeast corner where The Parklands proposer to establish its development. Confirmation of the basis of the agreement will be found in the attached copies of correspondence as follows: (1.) letters dated 8/21/85' and also 8/23/85 written to the District b� Agnoli, Assaad, Barber, & Branda e who have to date represented The a=klands, and (2.) letter dated 823%85 written to Agnoli, Assaad, Barber, & Brundage by this District. A su.^t =y of the basis of the - agreement is as follows: (1 ) The Parklandc '" 111 -pay tha Diatri�t a total sum. of $112,500.00 xhioh will 'bo spread over a period of 10 years with 10 equal payments of 311,250.00 each. The first payment will be due when the developer receives his first residential building permit in the District and the dato of this payment will ot- tabliah the "anniversary date" of the remaining 9 equal yearly payments. (2.) The monies shall be utilized for the new fire station that will eventually be built to service the general area which will include The Parklands. (3.) Should impact tees be adopted for fire protection pur- poses, then the Donor /Developer shall be credited the above sum(s) against such impact fees. (d:) The egreement is contingent upon securing all of the needed approvals and permits for the 'Parklands and shall .become part of the DR2 /PUD document (when and if issued) and shall "go with the land ". Respectfully Submitted, North Naples giro Control & Rescue District By: Een W. Y! Chai= _ tm G21 ptri 230 t 7/24/2012 Item 8.A. a noll � assaad , barber & br undage, Inc. professional engineers, planners & land surveyors ij..I i E C E' 3 V M D August 23, 1985 AUG G 8 Mr. Henry W. Maxant North Naples Fire Control Rascus District 1441 Pine Ridge Road Naples, Florida 33942 Res She Parkland: DRI /PDD, File i103a Dear Mr. Maxanti In response to you letter of hugest 23, 1985, regarding The Parklands DRI /PUD document, I would like to inform you that the additions noted in.your letter are. acceptable and will be incorporated in The Parklands final DRI /PUD approvals. Respectfully Submitted, ACNGLII,,, ASSAAD, RARSER & BRUNDAGE, iNC. Z AWL Wafaa F ssaad, A.I.C.P. WFA /ga Please 7440 tamlaml trail, n. naplaa, fforlda 33983 {813} 597-3111 .. , Reply tc�, O bayslda parkway, fart myera, f(or(da 33931 � •,,r::• not G1 t1GE (813} 337-3111 Packet Page -294- ,L •. WN N N O N d' N ti r, NTaril Naples k-i ire Con6rel $- Rescue Disirie� - 1441 PINE RIDGE ROAD NAPLES, FLOP.IDA 33942 (313) 597.3222 w; r = AtEust 23, 1985 '.;�: • M*�. �lafaa F. AEaaad, i�.I.C.P. Ag•toli, As©aad, Barber, & i3z^.n: _age, TT-nc. 7400 Tamiami Trail, No. Naplea, :'Iorida 339/; Dear wafaa: Receipt is being acknowloeged of your va7red letter dated kurn)sl 21. iyd3, re The rar.clanr-a Ux,:/YLU and r_le -Vj0, anL we e_ncere_'y t ^z),Lc you for same. The four paragraphs in the body of your letter, excemt = one minor addition and ono major assumption, restate what you presented at the B/14/85 Meeting of the Board of Cnmmiss3icners of this Fire District and which pres.ntation was officially accepted by majority vote (2-4) of the Commiosionera at the same Meotirg. Our two suggested correction /additions to you.:: letter - which I sure you t, :.'i agree oho -i' -d be incorporated into i' - e ?-e as (1.} your p2ra5raph #1: the first payment shall estab- liah the anntveraary dat;R of the nine eiu.al =•early pay:...s._ of ;11,250 each which _ . ylotr (2.} now rarag_eph J5: "the above agreement shall beect., a part of t'ie DRI /FDD docuwcnt and ahpl1 "go w1th the land' (i.e. , shall b9 binding on aL.' per si:+' e S:1Crt egpr6, :L -t.rs, etc.;." 7- trust ve" -r 71 `Cen� •t",is letter n* P--4r ante «+ er—.- TO Inf. O: k.� i a-ac � 2 , ) a. nTe as no et?Bary -LIC; L `31:'•aU ? 2L... IV that v— c rror'ntly r-Iti y the Col!..cr County Bo rc of Ocm :a- ar_onert- our : .%.-. -_ lement. &nfi 4L tee .'lf of tee North Naples Fire Control Dtatric t z .:oula ? iv- -c thank both;yos and 3-our for •z v -.-.� :av� � •,ble ':C +�!' c' ^'• 'r-.q ti_ Olen, 0. . ^owth impact '_n our T1 V01Y f North Vap2Ca Fire Control X r 091 R32, tzar Boa. -ct rf Fire Co^irsic' -- LOOK r• S, ,y hr, ,k, •a r .. �y 7/24/2012 Item 8.A. agnoll, assaad, barber & brundage, Inc. professional engineers, planners & land surveyors kugust 21, 1965 The Honorahle Henry W. Kaxant, Chairman North Naples Fire Control L Rescue District 1441 Pine Ridgo Road Naples, Florida 33942 Subject: The Parklands DP.I /PUD, File 11030 Dear chairman Mazantz The purpose of this lotter In to out the offer made by The Parklands which was accepted by the North Naples Fire Control t Rescue District Board of Commissioners during the meeting held on kugust 14, 1985. In order that the project may fully mitigate all of its impactr on the North Fire Control 8 Rescue Distric_ the following was agreed uponz 1. The total sum of One Hundred and.Twelve Thousand, Five Hundred ($112,500.00) dollars to be paid by the Developer to the North Naples Fire Control G Rescue District over ten (103 equal, consecutive annual payments each in the sum of Eleven Thousand, Two Hundred and Fifty ($11,250.003 dollars with the first payment due and payable at the time of the issuance of the iirsc residential building purmlt within the ;;orth Kapies Fire Control L Rescue District boundaries of the project. 2. The above noted payments shall be targeted and utilized for the purposes of the plannod construction of the service area (4) fire station and the purchase of its needed fire equiptment and aparatus (service area (4) Is the service area In which The Parklands is located). 3. Should impact fees be adopted for fire protection purposea, then the Donor /Developer shall be credited the above noted sum against such Impact fees. 4. The above agreement is contingent upon securtnq all of the needed at ^val ¢ permits for The Parklands. tau P latse X 7400 tsmlarnl trail, n. naples, florlda 33963 (813) 5973111 Reply to: .0 2077 bayside parkway, fort myers, fiorlda 33901 (813) 337 -3111 Packet Page -296- pp ON I N N T O N N ti Cw l AGFt EEMEtn t 1. The Parklands pro3ctt shall d3aate free of charge with a fee simple title a. =tually agreeable 20 acre site to bt used mutually nd Jointly as an elc*wtary or widdWzchool as well as A neighborhood part site. the site shall be.d=ted.to tt4 Lee County School Board. The site is Intended to be located at tP.a southeast corner of the Lee County portion of the pro3ect. 2. All :dMs. utilities to include xatw; ser'r. &nd e1ectrlcity WiI1 be furnished free 4f charge to the pcaperty line. 3. Should The School Beard of Lee County elect to All tht above rested 'site. bits The Parklands develaper5lsite do=pers shall have tt-- first' • right of refusal. - - ` 4_ Should the Lee 'County .S pool Board !=titute a sd=l *c a_t 'fee uhfch prsvides for the =quisitiaa of 54t=l sites with :=pact fee funds. this it is tuttally agr- -d upon wd irz-,eaded that a fait- &ad ' GQ•1iZLDt��w'LQ:L Q: d i`dtUc eqiat to u.c sctvc v• � •. �• to tl}e developx(donar: 5_ All ;f tfsG aboye noted ite;zs of the agmei eot we to be transact,. -d in . actoc'dance with all applicable regu � lations d as prr=cribcd by lxu. 6. This offex is contingent cPbn securing all e' tIr_ cKCdcd aaprovals and Graf ts. . Assa�aatdtt - R.zy� C. Page. G`zs{rax:i . Or ass E. Ktivia. Scsp^...rfntcndast ._ - PP��''Ld ATTACHMENT D 213 process. I would like to take this opportunity to thank all of the Board members and the Chief for the aasistance and the spirit of cooperation that was offered. Respectfully Submitted. AGNOLI, ASSAAO, BARBER 4 CRUNDAGE, INC. Wafaa ., seed, A. Z.C. P. h'FA /99 � •f• 42 AF Packet Page -298- 7/24/2012 Item 8.A. e Honorable Henry Maxant ,.august 21, 1985 Page 2 If the above outline does not reflect your understanding of our agreement then please !at me know as soon as possible. However, if the above outline does infect agree with your understanding :. then please confirm so that we may proceed with the approval process. I would like to take this opportunity to thank all of the Board members and the Chief for the aasistance and the spirit of cooperation that was offered. Respectfully Submitted. AGNOLI, ASSAAO, BARBER 4 CRUNDAGE, INC. Wafaa ., seed, A. Z.C. P. h'FA /99 � •f• 42 AF Packet Page -298- N O N d' N ti natty tee b1anOL' -phis pa9 e 7/24/2012 Item 8.A. Bonita . p n n o,_- S 9101 Bonita Beach Road i Bonita Springs. FL 34135 !: Tel: (239) 949 -6262 Fax: (239) 949 -6239 Revised to Show the location of the 75 ft ht-of-w8Y www, cityofboni tasprings. org Ben L. Nelson, Jr, Mayor Stephen S. McIntosh May 4, 2012 Council Member District One Mr. Nick Casalanguida Janet Martini Collier Count Council Member District Two Growth Management Administrator 2800 North Horseshoe Drive Steven Slachta ; Naples, Florida 34104 Council Member District Three Re: Bella Lane a /k/a Logan Extension Peter Simmons Council Member Dear Mr. Casalanguida: District Four Martha Simons The City would like to thank you for the opportunity to review Council Member these plans as part of your approval process. As staff researched District Five the issue, I learned that the City has Issued approvals for William C. Lonkart constructing this road as a portion of this project which is located Council Member within the City's jurisdiction. These approvals included construction District six of the roadway previously designated as an extension of C.R. 951, Carl and most recently Logan Boulevard. The approval is for a 2 -lane L. 5chwing ` City Manager road within an existing 75' right -of -way located east of San Remo (239)9x9 -6267 and west of Village Walk. The request for construction of Bella Lane is consistent with these existing approvals. Audrey E. Vance City Attomey (239) 949 -6254 Approvals include concurrency for Parklands CNC (10BOS- CNCO0012, 11 BOS- EXT00013) was extended by H 7207 by GL City clerk Homes this past December (expires 8/15/2015). The City has also (239) 949-6247 issued a Development Order (DOS2005- 00346) for the project Public works which is still active (expires 8/15/2012. you have an ) If y y questions (239) 949 -6246 as to these a approvals, please contact John Dulmer in our Community Development Department at 444 -6161. Code Enforcement (239) 949 -6257 Parks $ Recreation (239) 992 -2556 Community Development (239) 444 -6150 U:tcity ManageACasalanguida - Bella Lane.doc Packet Page -300- 7/24/2012 Item 8.A. Mr. Nick Casalanguida May 4, 2012 Page 2 RE: Bella Lane a/k/a Logan Extension On behalf of the City of Bonita Springs, I want to thank both Collier County and GL Homes for their patience, cooperation and efforts in coordinating with us as to this Collier project with its extraterritorial impacts in the City of Bonita Springs and Lee County. Since Carl L. Schwing City Manager--, CLS/dfg cc: Mayor and City Council John Gucciardo, Assistant City Manager Audrey E. Vance, City Attorney John Dulmer, Director, Community Development Daryl C. Walk, P.E., Director Public Works David Loveland, Director, LCDOT Kay Deselem, Principal Planner, Collier County Government Daniel L-Trescott, DR! Coordinator, SWFRPC R. Bruce Anderson, Esquire WCity Manage ACasalang uida - Sella Lane,doc Packet Page -301- rom: BellowsRay ent: Tuesday, June 12, 2012 9:52 AM 7/24/2012 Item 8.A. 'o: DeselemKay object: FW: Follow -Up to 6 -7 -12 CCPC Hearing ,ay 'lease advise Ms. Wilsey when Parklands is to come back for re -hear and consent. hanks 'ay rom: Carol Wilsey [carol @exceptional properties. us] ;ent: Monday, June 11, 2012 9:16 PM o: BroughamPhil; HomiakKaren; SchifferBrad; Vonier Bill; EbertDiane; KleinBarry; AhernMelissa; r)midney_collier.orc; StrainMark :c: ofischUl'LZL@aol.corn subject: Follow -Up to 6 -7 -12 CCPC Hearing rear Commissioners, Thank you for your time and attention to the petitions from Paul Schultz and myself, on behalf of the residents of Olde Cypress, uring the hearing on the 7th regarding the changes to the Parklands PUD and DRI. We do appreciate your giving us the opportunity to ut on the record the traffic and safety concerns we have for the impact this development will have on the only egress we have out of )Ide Cypress onto Logan Blvd. Mr. Schultz and I were happy to have the 2 -lane, 35 mph stipulations for Logan reiterated, and we were alieved to have Transportation Manager Reed Jarvey confirm, that our stop signs at the exit of Olde Cypress can remain for at least ten ears (based on the build -out estimate given by Mr. Kevin Ratteree on the record). Please advise when the changes you requested of GL Homes will come back before you, so one or both of us may monitor their etition as well. I am not sure if it will comeback before you at the next scheduled hearing. Again, I appreciate the opportunity to be heard on behalf of the residents in our community. arol T. Wilsey <ti {}I (C a,Y. >. #..�.us 239) 289 -1403 Cell 873 Lone Pine Lane laples, FL 34119 ,.F, addresses -„ c,r ,.. ,- � e­ rail , c::.t • r:.: •, ::. records. .,. , n ir� tip,. n` ,,,r,r � -rt „iii ,:i�idr....� � efr;..,....r it � re: =: ?arise to Public rr: ;t ;rc, r�!�..:sL coo r�: ;i' s..,. eireirc3risc ;"ia! t:; this ,:��,... 1�5r.c,.a2 r_��,., „ .r<yi.l t,1Gr.,�„�;„ ..r�• � ...,sic re�...r �s. li ,tau .�., not ,�a > � . 6 ^ F , 'iN,, n,,,T.Yad. .,.r tac., lbls :if *; bt ele ?an or i;; ;vr tinq. Packet Page -302- Robert W c� Paufa Jo Boykin 6223 Yfigheroft Drive Naples, FL 34119 :tune 1, 2012 Ms. Kay Deselem, Principal Planner Collier County Growth Management Division Planning and Regulation Land Development Services 2800 North Ilorseshoe Drive Naples, FI., '14104 Dear Ms. Deselem: 7/24/2012 Item 8.A. �ECElVE I am in receipt of your correspondence dated May 18, 2012 regarding PUDA- PL20100001551: Parklands PUD and the proposed changes to the existing ordinance. As a resident at 6223 Highcroft Drive in Quail West, I would like to express my concern that adequate barrier plantings be included in the plan along the border between "The Parklands" and I-lighcroft Drive in Quail West to ensure more privacy for our property. r, Sincerely, (Robert W. Boykin RWB /eta Packet Page -303- 7/24/2012 Item 8.A. CONSERVANCY of Southwest Florida OUR WATER, LAND, WILDLIFE, FUTURE. Protecting Southwest Florida's unique natural environment and quality of life ... now and forever. June 6, 2012 Mr. Mark Strain Chairman, Collier County Planning Commission 2800 North Horseshoe Drive Naples FL 34104 Sent VIA E -Mail RE: PUDA- PL20100001551: Parklands PUD and PL20100001550: Parklands DRI Dear Chairman Strain and Planning Commissioners: As a Party to the 2010 Settlement Agreement between GL Homes and a number of conservation organizations with regard to the Terafina and Parklands projects, the Conservancy of Southwest Florida's primary focus was on reduction of development acreage, increased wetland protection and relocation of the Logan Boulevard Extension as part of future modifications to Parklands. Our negotiations resulted in what we consider to be important improvements to the Parklands site plan that we believe will result in a more environmentally compatible project as compared to the previous site design. The amendment to the Planned Unit Development (PUD) and the Development of Regional Impact (DRI) incorporate the agreed -upon environmental improvements as required by the Settlement Agreement. The Conservancy supports these proposed changes more specifically outlined below: Preserve acreage of not less than 337 acres plus 11 acres of preserve buffers, resulting in additional wetland protection; Relocation of the proposed Logan Boulevard Extension to the west side of the eastern preserve, and; • Relocation of the school site. 1450 Merrihue Drive I Naples, Florida 34102 Fax 239.262.0672 1 www,conservancy.org Packet Page -304- 7/24/2012 Item 8.A. The Conservancy appreciates the collaboration of the Parties which resulted in a Settlement Agreement that protects additional natural resources. Please feel free to contact me is you have any additional questions. Sincerely, Andrew McElwaine President and CEO CC: Heather C. Keith, Assistant General Counsel, GL Homes Kay Deselem, Principle Planner, Department of Land Development Services Packet Page -305- 7/24/2012 Item 8.A. DEVELOPMENT ORDER NO. 12- RESOLUTION NUMBER 12- 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: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Pagel of 31 Words stfueli through are deleted; words underlined are added. Packet Page -306- 7/24/2012 Item 8.A. 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 1, 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 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 2 of 31 Words stfueli through are deleted; words underlined are added. Packet Page -307- 7/24/2012 Item 8.A. 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 ; and WHEREAS, on , 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 , the Board of County Commissioners passed Ordinance , 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: 1. That the real property which is the subject of the proposed AB, -Sixth Amendment is legally described as set forth in Exhibit AA-he Plafffied Unit. Parklands DOA / PL2010 -1550 R Page 3 of 31 Rev. 6/26/12 Words stfH& thfe h are deleted; words underlined are added. Packet Page -308- 7/24/2012 Item 8.A. The Par4dands Develepmei-A Order- 85 4, that the afea is nev., aese as f llews as amended se fibea The 'A) n T no c^„tw Range -26 East, roe - east -one (H of -Seep , ship , Geun AND Seetien 9, Township 48 Se..tl,, R e 26 East, Collierreu t,. Fier-asu „b 966.31 « lens (both w^„stua. , aeres e pAies), 2. The Aapplication is in accordance with Section, 380.06(b), Florida Statutes. The applicant s.,l. m tied to the !`.,..,mot,.., A D A and r uffi .;e,. ,, es kne.. to Exhibit B n by efef made art hi ^� t tL a e„te...t that e e CTillt \. A1V 111 �11K1 n n and e,mo /, si�7 r the), aie —nett ineensistent with the t,,....... .mo,a „a;t; Or- e.. 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 acres; 4-,693 850 residential (single family and multi - family) units on approximately 443.2 115 acres at a gross density of 24 1.32 units per acre, and in aeoer-danee with the Ca r Table net fei4h below; recreation open space and preservation areas (approximately 434- 466.5 acres),, including 341.2 acres of on -site preserve, • r'' >, will inel.,ae n 27 hole gel , a fifteen (15) acre school site, mod- maintenance faeilities, central water and sewage facilities, and the required rights -of -way and/or roads (45.6 acres). 1; - ffar-910 5. The Ddevelopment is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(l 1), Florida Statutes. Parklands DOA / PL2010 -1550 Rev. 6/26/I2 Page 4 of 31 Words nt «.,,.1, threugh are deleted; words underlined are added. Packet Page -309- 7/24/2012 Item 8.A. 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. 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 SWFRPC'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 denat x( dedicated to the Collier County School Board, hed as in 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 proposed development is located within the North Naples Fire Control District_; Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 5 of 31 Words stme1r, fough are deleted; words underlined are added. Packet Page -310- 7/24/2012 Item 8.A. NO-0 on 011 1 fflrm MrM DY rs Mr Condition: The developer shall denate/make eash payments to the Nerth Napier, Fire Eentrestr- per- -agreement (Exhibit , a4aehed hefete and by fefer-ence made a paft hereof) appfeved by the Nefth Naples Fire Gentfel Distfie Board en August 14—' °95pay 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 Scchool 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 prof ect. Conditions: The Aapplicant has agreed to dedie to ^ ,,ar4E site to the County� Payment in lieu *h °r ° ^r provide a fifteen acre a school site to the School Board, Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 6 of 31 Words stfura k through are deleted; words underlined are added. Packet Page -311- 7/24/2012 Item 8.A. or if acceptable to the School Board an alternative commitment may' e substituted., set forth in and subject to the Developer's Contribution A Bement 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, and, which once connected to Bonita Beach Road, will result in a regional transportation improvement. Construction of the Logan Boulevard E ten North 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 en4y by a gravel road on the north border in Lee County and from the south via the partially improved Logan _Boulevard 'ienNorth from Immokalee Road. Development of the DRI will require paving and extension of Logan Boulevard North from its Qresent terminus to the Rroiect 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 te-tke east, eenstFaetien -of aeeess r-ead-s-- to the site from the nafth and southr- GelliefC-euRt-Y- Conditions: nera4ian is limited to 1,05-6 Peoument Ganvefsion Table weekday-P.M. peak hour- ne eNteffial trip generation rate does not Neeed 1,056 a_b The developer shall construct a two_ Mane road, known as the Logan Boulevard E*ten4en 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. timing for the eansIme-tion a The roadway Parklands DOA / PL2010 -1550 Rev. 6126/12 Page 7 of 31 Words stfuek thfough are deleted; words underlined are added. Packet Page -312- 7/24/2012 Item 8.A. maybe 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). .. .. MrAM • . to== • .. Rum= • ON �- .. .. MrAM • . to== • .. Rum= • .. .. • . to== • .. Rum= • �- Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 8 of 31 Words stru li threugh are deleted; words underlined are added. Packet Page -313- 7/24/2012 Item 8.A. peints to the site and tu eats to the feflewing ..er-seetions! M,43132 MEMME-M! Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 9 of 31 Words stFueli through are deleted; words underlined are added. Packet Page -314- .. It _ " _ r. • • • �- - P�VM�9nrjre—_355153 ME peints to the site and tu eats to the feflewing ..er-seetions! M,43132 MEMME-M! Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 9 of 31 Words stFueli through are deleted; words underlined are added. Packet Page -314- It _ " _ r. • • peints to the site and tu eats to the feflewing ..er-seetions! M,43132 MEMME-M! Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 9 of 31 Words stFueli through are deleted; words underlined are added. Packet Page -314- 7/24/2012 Item 8.A. 1 + 1 F - �- until the fair Final r r fer- an additional phase we Irr-Irm granted has been 1 + 1 F be until the fair Final r r fer- an additional phase shall of the granted has been shafe required 7 rl 11 the f 1,' 1, o additional b d phase, have aye been if • M3 Mr."It YY J tsly paid. listed above to 1 a + ,-t LOS, t b ent-linter-seetien Developer- shall have the eption of the applieable delaying e _ y 1 F entities has . me eed. 1 + 1 F be until the fair Final r r fer- an additional phase shall of the granted has been shafe required 7 rl 11 the f 1,' 1, o additional b d phase, have aye been if payments YY J tsly paid. listed above to 1 a + ,-t LOS, t b ent-linter-seetien Developer- shall have the eption of the applieable delaying e 1 F entities has . me eed. afe responsible and e nst retie . b.h The developer's satisfaction of its obligations under Section A.9 and Seetien =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 (D, 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 Rev. 6/26/12 Page 10 of 31 Words sti-dsl' are deleted; words underlined are added. Packet Page -315- 7/24/2012 Item 8.A. 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 Estate agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by £state 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: EAMUMM"00,22 _ - -- - 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: 4710. 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 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 11 of 31 Words stmek thfough are deleted; words underlined are added. Packet Page -316- i 7/24/2012 Item 8.A. for extending the main into Quail West making the connection an d obtaining an easement in Quail West. a. the Gellier- -GeufA), perfien to be sen*_� an---en site well %ithdfawing-ftem the Tafni ii I V M,+ f 7 E er ensite wellfieid, ithd rromth rye i Aare , to 0y a,all sefve both the Lee County and C-IE4���� 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: 112. 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. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 12 of 31 Words strueli t reulgh are deleted; words underlined are added. Packet Page -317- ef the ' a. detailed 4• shall be the t; wl appheafien to required at eenfit:m theA the wellfield r-es7eur-E ether- existing as proposed will. have ne legal users, vI the adverse impaets on nt 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: 112. 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. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 12 of 31 Words strueli t reulgh are deleted; words underlined are added. Packet Page -317- 7/24/2012 Item 8.A. 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 ll DT TTY Tl.. �..,..Y.o � date September- n ,his attached hereto as Exhibit H d d by r °f °nee b. The developer shall submit an annual 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: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 13 of 31 Words stmek .t,fatigh are deleted; words underlined are added. Packet Page -318- or-dina-nees-applieable to water faanagement f4eilities and lakes in effeet a4 b Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 13 of 31 Words stmek .t,fatigh are deleted; words underlined are added. Packet Page -318- 7/24/2012 Item 8.A. fl. rake Setb ek- 4- All 'z -weeks shall be— meastrfed ffem the lake f. fAei,anee Mon • . EMEOVALTEN. MOM 1}- Lake Sleoes- Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 14 of 31 Words st fueli +hr -egg h are deleted; words underlined are added. Packet Page -319 - 7/24/2012 Item 8.A. 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: 0 - - - =30 NOT MMM r - 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: 0 Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words stfuek hrough are deleted; words underlined are added. Packet Page -320- NOT MMM - s Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words stfuek hrough are deleted; words underlined are added. Packet Page -320- NOT s . r Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 15 of 31 Words stfuek hrough are deleted; words underlined are added. Packet Page -320- 7/24/2012 Item 8.A. r. 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: air— 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: Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 16 of 31 Words stf+iek are deleted; words underlined are added. Packet Page -321- air— Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 16 of 31 Words stf+iek are deleted; words underlined are added. Packet Page -321- 7/24/2012 Item 8.A. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 17 of 31 Words sjr-uejj thfaugh are deleted; words underlined are added. Packet Page -322- AMMMMMF - OWN- IN. WOM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 17 of 31 Words sjr-uejj thfaugh are deleted; words underlined are added. Packet Page -322- 7/24/2012 Item 8.A. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words struek threug'' are deleted; words underlined are added. Packet Page -323- MYNNIMMMMMIM WOMEN MIM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words struek threug'' are deleted; words underlined are added. Packet Page -323- MYNNIMMMMMIM WOMEN Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 18 of 31 Words struek threug'' are deleted; words underlined are added. Packet Page -323- 7/24/2012 Item 8.A. • MO. • \ \ - is ■ M • MO. • \ \ W, • �i ME \ - • \ ■ • 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: utilitiesit a. uwi uc.Sew Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words st...,.', thfeugh are deleted; words underlined are added. Packet Page -324- • A - • W, • �i ME \ - • \ ■ • 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: utilitiesit a. uwi uc.Sew Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 19 of 31 Words st...,.', thfeugh are deleted; words underlined are added. Packet Page -324- 7/24/2012 Item 8.A. WIN UT MIM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 20 of 31 Words Stfue k through are deleted; words underlined are added. Packet Page -325- 7/24/2012 Item 8.A. aiiaa,lef —seweF f4e}lrties, thedevekoper-, dismantle v its F tL sueeessefs t shall abanden, t ....d /,. a-nd remeve t .e.,t f the diseenfinue water- the sewage fnepA eihts,_ and it i tise ef water- supply State soureC, f applieable, Florida taaderds. All a fnapmefeensisstent with eest te-the _ettnty. WIN 111M r. aiiaa,lef —seweF f4e}lrties, thedevekoper-, dismantle v its F tL sueeessefs t shall abanden, t ....d /,. a-nd remeve t .e.,t f the diseenfinue water- the sewage fnepA eihts,_ and it i tise ef water- supply State soureC, f applieable, Florida taaderds. All a fnapmefeensisstent with eest te-the _ettnty. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 21 of 31 Words stf'elE athf:eugh are deleted; words underlined are added. Packet Page -326- -- Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 21 of 31 Words stf'elE athf:eugh are deleted; words underlined are added. Packet Page -326- 7/24/2012 Item 8.A. 4-. All water- r:ghis of . an.l ne er- eat to tl,e ten eat the l:ties f e:l:t;sa na+r„nted in „l.l:ely aa&er- sewer- ,;thin ewne-1 „+flit., by the Ge nt, eg site wa anEbler- sewer- when en site fant;en a+r-„etee ;l; e ,l at easements r-equir-ed ti. R :;n then Y,II madeet;e., eet 1:fnits `l and these a.l:t:enal F vilifies r- e ve l to 4th the Ge„nty eff site water n&ev e MKM s f n:l:t;e TRt7PTLTITi a7; otj 2-. All water- an.l ne er- eat to tl,e ten eat the l:ties -fae required p County's ,ate v '. a`� nEtlo ter- f4eilities the eg site wa anEbler- sewer- when en site fant;en a+r-„etee ;l; e ,l at prepefty sewer- and eGI.JVm .,tn the to be :1:4=. feguir-edy --County , i nl „a: n but Hot limited to the f lle a) Main sewage with the- lift for-ee inter- station aBd main eenneeting Count), - sewer - f4eili- ties— inei-'udifig all utility easements neeessai�y; if applieabl ..t of eenneetion with the County's f n:lit;en to the ....waste« water- NNute% easements the MKM meter serving - projeet,iiiel neeessary. — utili y .► i Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 22 of 31 Words struek thr-eugh. are deleted; words underlined are added. Packet Page -327- MKM .► i Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 22 of 31 Words struek thr-eugh. are deleted; words underlined are added. Packet Page -327- 7/24/2012 Item 8.A. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stxeel� are deleted; words underlined are added. Packet Page -328- - ' n s _ MMMM Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stxeel� are deleted; words underlined are added. Packet Page -328- - ' n _ _ a as n • - - WON- Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stxeel� are deleted; words underlined are added. Packet Page -328- - ' n Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stxeel� are deleted; words underlined are added. Packet Page -328- _ _ n • - - Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 23 of 31 Words stxeel� are deleted; words underlined are added. Packet Page -328- 7/24/2012 Item 8.A. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words strueli threu are deleted; words underlined are added. Packet Page -329- Offil- ~10 Man ME MI WON VON Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words strueli threu are deleted; words underlined are added. Packet Page -329- MMKOM Man ME MI IM .1110 N.M.1111. WIN MINN IM, -- Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words strueli threu are deleted; words underlined are added. Packet Page -329- MMKOM Man ME MI IM .1110 N.M.1111. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words strueli threu are deleted; words underlined are added. Packet Page -329- Man ME MI Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 24 of 31 Words strueli threu are deleted; words underlined are added. Packet Page -329- 7/24/2012 Item 8.A. 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... ?. J ,:+ rent" ^l. a 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 strueli +"..e„gh are deleted; words underlined are added. Packet Page -330- -1-11 ---,.i',vAe its fair- of the s-+, Of" iftst—alling K-. The develop - share - - -a 1 fr any + to a„+ ble off site sewe the r .r t + transmissien 1: fie OF (treated affluent) � 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... ?. J ,:+ rent" ^l. a 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 strueli +"..e„gh are deleted; words underlined are added. Packet Page -330- -1-11 ---,.i',vAe its fair- of the s-+, Of" iftst—alling K-. The develop - share - - -a 1 fr any + to a„+ ble off site sewe the r .r t + transmissien 1: fie r (treated affluent) � f '+ + 11 a l,etweo., +1, rl 1 0 and the this shall Ceunty at a later- be agreed + date. 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... ?. J ,:+ rent" ^l. a 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 strueli +"..e„gh are deleted; words underlined are added. Packet Page -330- 7/24/2012 Item 8.A. tMEE Malmlr. . _ 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: 8-. Exemptions to the Subdivision . . f this Subseetien, exeept that side-wallEs shall enly be required Ane side ef the street in the ease ef single family eul de sae p b ....J . \ PT MW • i ��� i MENTIM. 111 11151 me INS \ • \ \ PT MW • i ��� i Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 26 of 31 Words are deleted; words underlined are added. Packet Page -331- 7/24/2012 Item 8.A. -- .. - _ • .. -- .. _ .. WITINNI -- 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: -l-: 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 Mastef Plan d P D T + .7 + .7 7,123/93 is ++ 1 d hereto and . )rated herein as pai4 of this amended development or-der-. Si Ii I1iZ 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. - _ .. WITINNI 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: -l-: 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 Mastef Plan d P D T + .7 + .7 7,123/93 is ++ 1 d hereto and . )rated herein as pai4 of this amended development or-der-. Si Ii I1iZ 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. 4. The Aapplicant or its gieif successor(s) in title to the subject property shall submit a report bienniallyaall-y, 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 stHe , thr-eug'' are deleted; words underlined are added. Packet Page -332- .. Ing 4. The Aapplicant or its gieif successor(s) in title to the subject property shall submit a report bienniallyaall-y, 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 stHe , thr-eug'' are deleted; words underlined are added. Packet Page -332- 7/24/2012 Item 8.A. of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B- 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 ^true' thr-augh are deleted; words underlined are added. Packet Page -333- 7/24/2012 Item 8.A. 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 380.06(19)(c). F.S. • 2011 Extension — 4 vears 12/17/2020 380.06(19, )(c), F.S. Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 29 of 31 Words stfuek t -oulgh are deleted; words underlined are added. Packet Page -334- 7/24/2012 Item 8.A. • Liti ation Tolling Extension Period : 4 years 1 month and 6 days measured from June 1 2006 challenge to permit (Army Corps of En ineers) issuance to July 6, 2010 settlement agreement 01/23/2025 380.06 (19 c I F.S. • 364 days This Development Order Amendment 1/22/2026 380.06(19)(c) FR 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- 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 stnie 4ffattgh are deleted; words underlined are added. Packet Page -335- Done this day of ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to form and legal sufficiency: 7/24/2012 Item 8.A. , 2012. G Heidi Ashton- Cicko`�` Managing Assistant County Attorney Attachments: Exhibit A — Legal Description Exhibit H - Master Plan CP\ 11- CPS - 01081 \71 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Parklands DOA / PL2010 -1550 Rev. 6/26/12 Page 31 of 31 Words steles alt are deleted; words underlined are added. Packet Page -336- 7/24/2012 Item 8.A. 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 Packet Page -337- 7/24/2012 Item 8.A. -13, os B5 I A s 9 Y C 0 C :h T _T m m �I M QUAIL WEST PLD �rn1 Ana o1 m a m O C N � O v -• NCIC DpN rr�++l' vrn0 YA Ga iri Sip T 4 ~Z 'n mA Nw z O m a ;m NN Dw �H o�2 mo N 9 F S O z HN om w (pr s 's ni ro y T W 2 y S i Z' I F I «s Packet Page -338- MIRAS04 PUD C f0 T m F 9 m N y m 9 N G C rn O � N ....sicev��*���..., u �� ..�..�� H X' M • H M M H «s Packet Page -338- Z D -O r— m U1 O _D r~ Z m In A <D a' rD CL K G N O N A. I N N L-1 7/24/2012 Item 8.A. NOTICE OF INTENTTO•CONSIDER PETITIONS Notice is hereby given that on Tuesday, July 24,_2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board. of County Commissioners will consider the enactment of a County Ordinance and County Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows PUDA- PL20100001551 - PARKLANDS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS- OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.' 2004 -41, AS AMENDED, THE COLLIER,COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED . THE COMPREHENSIVE ZONING REGULATIONS ' FOR- THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, . BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A. PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 650 RESIDENTIAL 'DWELLING UNITS, INCREASING THE PRESERVE TO 341 +1- ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23 + /. ACRE. PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9; TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642 -34 +1- ACRES; PROVIDING FOR REPEAL OF ORDINANCE ENO. 0342; AND PROVIDING AN EFFECTIVE DATE. (COMPANION TO, PETITION DOA- PL20100001550). kRR DOA- PL20100001550 - PARKLANDS:. A RESOLUTION AMENDING DEVELOPMENT. ORDER NO. BS -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 +1 - ACRES, DELETING GOLF COURSE AS 'A PERMITTED USE AND ADDING A BUILDOLIT 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: 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. (COMPANION TO: PUDA- PL20100001551; PARKLANDS PUD). Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All Interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to- presentation of .the agenda item to be 'addressed. Individual speakers will be limited to 3 minutes on any. Item. The selection of an 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedir s pertaining thereto and therefore, may need to ensure that a verbatim record otg the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you ale 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, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Packet Page -339- clerk