Agenda 09/27/2011 Item #17A
912712011 Item 17.A.
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EXECUTIVE SUMMARY
DOA-PL20U..o354: Ronto Livingston DRI (aka Tuscany Reserve) - A Resolution amending
Development Order 2??o-o1, Ronto Livingston DR!, a Development of Regional Impat4 providing
for Section One: Addition of Expiration Date and Extension of BuildoutDate; renaming DRI to
Tuscany Reserve DRI, and changing tbereport to biennially; Section Two: Findings of Fact;
Section Three: Conclusions of Law; Section Four: Effec:tof Previously Issued Development Order,
Transmittal to DCA; and Provitling an Effective Date. Tbe property is located in Sections 7 and 12,
Township 48 South, Ranges 25 aDd 26 East, iD Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's fIndings and
recommendations along with the recommendations of the Collier County Plarining 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:
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The petitioner seeks an amendment to the Ronto Livingston Development of Regional Impact
(DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to
allow the following changes:
] ) Extend the buildout date by four (4) years and three hundred sixty-four (364) days;
2) Incorporate already approved automatic administrative extensions and the new DRI
extension legislation approved in the 2011 legislative session into the DRl DO;
3) Add an expiration date;
4) Rename the DRl to Tuscany Reserve to make it consistent with the existing PUD
Ordinance name;
5) Removing the outdated reference to the original PUD for the propeliy that was repealed in
2003;
6) Update the name of the successor project developer to KE' Tuscany Reserve Properties,
LLC, a Delaware limited liability company,
7) Revise ,the DRI report filing requirement from annual to biennial.
FISCAL IMPACT:
The County collects impact fees prior to the issuance of building pennits 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
r'\ Code of Laws and Ordinances. Other fees collected prior to issuance of a building pennitinclude
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9/27/2011 Item 17.A.
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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) IMP ACT:
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 REGIONAL PLANNING COUNCIL (RPC):
The RPC approved this Notice of Proposed Change (NOPC) to a previously approved
Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on June 16,
2011.
The RPC staff assessment included the following comments:
Acceptance of Proposed D. 0. Lan~age
The proposed development order amendment language is acceptable to staff to address the
proposed changes.
Conclusion
..-...
The proposed changes do not create the likelihood of additional regional impacts not
previously reviewed by the SWFRPC and there is no presumption of a substantial
deviation.
A copy of the complete RPC assessment is included in the application material.
DEPARTJ\fENT OF CnMMUNTTY AFFAIRS (DCA):
DC'.,c\ has not offered any objection to the proposed anlendnlent.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on July 7, 2011, and by a vote of 8 to 0 (Commissioner Midney
was absent), with Commissioner Schiffer making the motion and Commissioner Ebert seconding
the motion, recommended forwarding this petition to the Board of County Commissioners
(BCC) with a recommendation of approval with the following stipulations:
1) The resolution shall be revised to reflect the Florida legislative recently adopted
additional four year extension;
2) The resolution shall be revised to include a chronology of the original buildout and
expiration dates and the subsequent statutorily authorized extension dates;
3) The petitioner's agent shall, prior to the BCC hearing, submit to Growth Management
Division staff a non-binding estimated absorption/revised phasing schedule that coincides
with the DRI DO extensions being granted by this action.
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9/27/2011 Item 17.A.
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In response to Item 3 above, the petitioner's agent has indicated (non-binding) that the developer
anticipates an estimated 76 dwelling units per year will be constructed each year until the
currently proposed January 2021 buildout date. The petitioner's agent included the following
statement in the submittal: "This is a non-binding estimate only and is in no way to be construed
as a phasing schedule under the DRI statutes and administrative rules or other law."
Because staff recommended approval, the CCPC approval recommendation was unanimous, and
there were no letters of objection submitted, this petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
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 DR! Amendment
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3.
Consider: Impacts on public infrastructure.
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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
BCe hearing as these items relate to these criteria. The proposed Resolution was preparecl by the
County Attorney's Office. This ExecLltive Summary has been reviewed for legal sufficiency and
is legally sufficient for Board action. /\ 111ajority vote is needed f()rBoard approval. (H-F:\C)
RECOMMENDATION:
Staff concurs with the recommendations of the ecpe and further recommends that the Board of
County Commissioners approve the request for DRI Amendment, subject to the attached DRl
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
3) Application
2) RPC Staff Assessment
4) Resolution
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9/27/2011 Item 17.A.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: DOA-PL2011-0354: Ronto Livingston DRI (aka Tuscany Reserve) -- A
Resolution amending Development Order 2000-01, Ronto Livingston DRI, a Development of
RegionallmpactJproviding for Section One: Addition of Expiration Date and Extension of
Buildout Date; renaming DRI to Tuscany Reserve DRI, and changing the report to biennially;
Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of
Previously Issued Development Order, Transmittal to DCA; and Providing an Effective Date. The
property is located in Sections 7 and 12, Township 48 South, Ranges 25 and 26 East, in Collier
County, Florida.
Meeting Date: 9/27/2011
Prepared By
.-..
Name: DeselemKay
Title: Planner, Principal,Engineering & Environmental Ser
7/19/2011 10:52:09 AM
A pproved By
Nallle: Be!lcmsR3\
Title: iVlal13ger - Planning. COl11pl'ehensi\c Planning
Date: 8/10/20 II 2:28:44 prvl
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 8/10/2011 2:55:50 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 9/112011 8:37:19 AM
Name: AshtonHeidi
Title: Section Chief /Land Use-Transportation,County Attor
Date: 917/2011 3:34:06 PM
,.-..
Name: FederNorman
Packet Page -2533-
9/27/2011 Item 17.A.
Title: Administrator - Growth Management Div, Transportati
Date: 9/13/2011 10:18:24 AM
-.
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/15/2011 8:06:21 AM
Name: AshtonHeidi
Title: Section ChieflLand Use-Transportation, County Attor
Date: 9/16/2011 12:30:15 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/16/2011 4:23:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 4:02:27 PM
Name: OchsLeo
Title: County Manager
Date: 9/19/2011 9:31 :55 PM
".......,
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9/27/2011 Item 17.A.
AGENDA ITEM 9-8
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Co~r County
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STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION
HEARING DATE: JULY 7, 2011
SUBJECT:
DOA-PL2011-0354: RONTO LIVINGSTON DR! (AKA TUSCANY RESERVE)
PROPERTY OWNER & APPLICANT/AGENTS:
Owner/Applicant
Agents:
~
KE Tuscany Reserve Properties LLC
c/o John M. Gleeson
16990 Livingston Road
Naples, 334110
R. Bruce Anderson, Esquire
Roetzel & Andress, LP A
850 Park Shore Drive
Naples, FL 34103
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, Inc.
3800 Via Del Rey
Bonita Springs, FL 34134
E}~ten.d the by years &ld three (364)
2) Incorporate already approved. automatic administrative extensions and the nevI' DRI extension
legislation approved in the 2011 legislative session into the DR! DO;
3) Add an expiration date;
4) Rename the DR! to Tuscany Reserve to make it consistent with the existing PUD Ordinance name;
5) Removing the outdated reference to the original PUD for the property that was repealed in 2003;
6) Update the name of the successor project developer to KE Tuscany Reserve Properties, LLC, a
Delaware limited liability company,
7) Revise the DR! report filing requirement from annual to biennial.
GEOGRAPIDC LOCATION:
~,
The subject 461.3:1: acres are located in Section 7, Township 48 South, Range 26 and Section 12,
Township 48 South, Range 25 East in Collier County, Florida. See the map on next page for details.
Ronto Livingston DRI: DOA-PL2011-0354
July 7, 2011 CCPC
Revised 6/14/11
Packet Page -2535-
Page 1 of4
9/27/2011 Item 17.A.
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PURPOSEIDESCRlPTION OF PROJECT:
The DRI DO for this project was approved on January 25,2000 with the adoption of Resolution Number
2000-26 (DRI DO Number 2000-01). That document provided a 2007 buildout date. The project's
buildout date was extended from January 25,2007 to January 25,2010 pursuant to the 2007 amendments
to Section 380.06(19)(c) F.S, that allowed three-year DRI extensions, and from January 25, 2010 to
January 25, 2012 pursuant to the 2009 amendment to Section 380.06(19)(c) F.S, that allowed two-year
DR! extensions.
As provided in Section 380.06(19)(c)F.S, the statutory authorized automatic extensions are not a
substantial deviation and cannot be considered when determining whether a subsequent extension is a
substantial deviation. Section 380.06(19)(c) F.S, also states that an extension of a buildout date of five
years or less is not a Substantial Deviation. This Notice of Proposed Change (NOpe) is to extend the
buildout date by four (4) years and three hundred sixty-four (364) days, and incorporate the other changes
noted on page 1. On June 2,2011 the Governor signed SB 7207 which extends all DRIs for an additional
four years if written notice is given prior to December 31, 2011. The petitioner has provided such written
notice. SB 7207 repeats that the four (4) year extension is not a substantial deviation, not subject to further
DR! review and may not be considered in determining whether a subsequent extension is a substantial
deviation. Based on the foregoing, the new DO buildout date would be January 24, 2021 and the DRI
expiration date would be January 24, 2026.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
,-....",
The RPC will hear this Notice of Proposed Change (NO PC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on June 16, 2011.
The R~PC staff asseSSil1ent incl aded
fC1Ilc)\\.'ing C0I11111;ents:
/lcccDtance of'fJrov,,?jsecll-c1. (). LCUt.';!"&{{)'(;.:F(/
The proposed development order amendment language lS acceptable [0 staff to address the
proposed changes.
Conclusion
The proposed changes do not create the likelihood of additional regional impacts not previously
reviewed by the SWFRPC and there is no presumption of a substantial deviation.
A copy of the complete RPC assessment is included in the application material.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
,-....",
Ronto Livingston DRI: DOA-PL2D11-D354
July 7, 2011 CCPC
Revised 6/14/11
packetPage-2536-
Page 2 of 4
9/27/2011 Item 17.A.
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COUNTY STAFF ANALYSIS:
Development authorizations contained in DRl Development Orders are prerequisites to zoning actions
that implement DR! land use authorizations. DR! Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation
under Sub-chapter 380.06(19)(c), Florida Statutes that states:
An extension of 5 years or less is not a substantial deviation. . .. Any extension of the buildout date
of a project or a phase thereof shall automatically extend the commencement date of the project, the
termination date of the development order, the expiration date of the development of regional
impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real
estate market conditions, all phase, buildout, and expiration dates for projects that are
developments of regional impact and under active construction on July 1, 2007, are extended for 3
years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not
subject to further development-oJ-.regional-impact review, and may not be considered when
determining whether a subsequent extension is a substantial deviation under this subsection.
Staff is of the opinion that it is appropriate to extend the dates for this project given the current economic
situation. Staff does not anticipate any increased impacts or increased demands on infrastructure if this
amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth
Management Plan provisions.
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Using this DRI DO ahlendment opportunity to update the DR! DO to incorporate the previously approved
administrative extension requests creates a more complete record of past action. Staff recommends
approval of the DRI DO amendment believing this 3..111enelment will not adversely impact adjacent
property OVv11ers or create: an Ul1due Ilublic sa:fety con.ce111 if t11e DI(] DO is ad.opted~
COUNTY ATTORNEY OFFICE REVIE'\\':
The County Attorney Office has reviewed the staff report for this petition on June 13,2011.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
DOA-PL2011-0354 to the Board of County Commissioners as described by the amending DRl
Development Order resolution.
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Ronto Livingston DRI: DOA-P12011-0354
July 7, 2011 CCPC
Revised 6/14/11
Page 3 of 4
Packet Page -2537-
9/27/2011 Item 17.A.
PREPARED BY:
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'b~
K~Y SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
fo/jo!rr
I DATE
REVIEWED BY:
~E~~NAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
blttl
D TE
LLIAM D. LO Z, JR., .E., DIRECTOR
DEP ARTMENT OF LAND DEVELOPMENT SERVICES
o b. I 3 - '2.-(;.((
DATE
APPROVED BY:
ur/J I;),~ /?--,
NICK CASALANGlTlD.,(. D~TY ADMINISTR,c\ TOR
GRO\VTH IvlANAGEMEN'T'I:nVISION
b - ! l-- /1
DATE
,.-...."
Tentatively scheduled f~0r the Seplernber 27. 20J 1 Board of County Commissioners Meeting
,.-...."
Ronto Livingston DRI: DOA-PL2011-0354
July 7,2011 CCPC
Revised 6/10/11
Page 4 of 4
Packet Page -2538-
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TUSCANY RESERVE (tka Ronto Livingston)
DR! # 07-9899-149
NOTICE OF PROPOSED CHANGE
Baclmround:
At the December 1999, SWFRPC meeting Council recommended conditional approval of the
Tuscany Reserve Development of Regional Impact (DR!) Application for Development Approval.
The approval was subject to regional conditions relating to Energy, Stonnwater Management,
Transportation, Water Supply/Waste Water Management and Consistency with the Local
Comprehensive Plan, Strategic Regional Policy Plan and State Land DevelopmentPlan. OnJanuary
25, 2000 the Board of Collier County Commissioners approved the Tuscany Reserve DRI
Development Order (DO).
The 463-acre DRI is located in unincorporated north Collier County near the Collier-Lee Line,
between Livingston Road and 1-75 (see Location Map, Attachment I). The DRI was approved for
1,3S0 residential units (344 single family and 1,036 multi-family units), a golf course and country
club amenities. The Planned Unit Development (PUD) limited the residential units to 799. The golf
course will include IS-holes and a 25,000 square foot clubhouse, with a pro shop, dining area
maintenance facilities and driving range. The DRI will also include 46.96 acres of wetland and
upland preserve/enhancement area (PUD stated) to be put in a conservation easement, 69 acres of
lakes, 22 acres of right-of-way and 7-acre power line easement. To date based on the latest annual
monitoring report 21 single family, 12 m:ultifamily homes and the IS-hole golf course are complete.
(See Site Aerial in Attachment II). The project was planned to be constructed in two phases with a
project of build out in 2007.
Previous ChanQ.es
Senate Bi1l 1752, passed during the 2010 legislative session which extends the expiration date of
local govenm1ent-issued development order or building permits that have an expiration date of
September 1,2008 through January 1,2012 for up to two years. The original buildout was 2007 and
with the Section 380.06(19)(c), F.S. automatic extension buiidout date from January 25,2007 to
January 25, 2010 it was extended by 3 years.
Proposed Changes
The change would extend the buildout date by four (4) years and three hundred sixty -four (364)
days. The change also removes the reference to a repealed PUD Zoning ordinance for the property,
renames the DRI to Tuscany Reserve to make it consistent with the existing PUD Ordinance name,
changes the report filing requirement from annual to biennial and lists the successor developer of the
DRI as K.E Tuscany Reserve Properties, LLC, a Delaware limited liability rompany.
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Regional Staff Analysis
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Since the buildout date extension is for less than five (5) years, per Section 380.06(19)( c )(2), Florida
Statutes, this extension is deemed not to be a substantial deviation. The new buildout date will
become January 24,2017. As provided in Section 380.06(l9)(c) F.S. any extension ofa buildout
date automatically extends the tennination date ofthe development order and the expiration date of
the DR! by like time period. The proposed text change would incorporate these automatic statutory
extensions as well as the extension that is the subject of this NOPC.
Character. Magnitude. Location
The proposed changes do not change the character, magnitude and location.
Regional Goals. Resources or Facilities
The proposed changes do not affect any regional goals, resources of facilities.
Acceptance of Proposed D.O. Language
The proposed development order amendment language is acceptable to staff to address the proposed
changes.
Conclusion
.'-"
The proposed changes do not create the likelihood of additional regional impacts not previously
reviewed by the SWFRPC and there is no presumption of a substantial deviation.
RECOMMENDED ACTIONS:
Notify Collier County, the Florida Department
of Conmmnity Affairs and the applicant that
the proposed changes do not create additional
regional impacts.
1.
2. Render a codified Development Order.
3. Request that Collier County provide a copy of
the development order amendment, and any
related materials, to the Council in order to
ensure that the development order amendment
is consistent with the Notice of Proposed
Change.
09/2006
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9/27/2011 Item 17.A.
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DEVELOPMENT ORDER NO. 2011-_
RESOLUTION NO. 2011-_
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000-01,
RONTO LIVINGSTON DRI, A nEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF
EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE,
RENAMING DRI TO TUSCAJ~Y RESERVE DRI, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LA\V; SECTION
FOUR: EFFECT OF · PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 ANn 26 EAST IN
COLLIERCOUNTY,FLORlDA
WHEREAS, the Board of County Commissioners of Callier County. Florida approved
Development Order 2000-01 (the "Development Order") by Resolution 2000-26 on January 25,
2000, which approved a Development of Regional Impact (DR!) known as Ronto Livingston
~ DR1: and
\VIIEREAS. in accordance \Vilh SCClion 3
1 9(c). F. S" "~s appnJ\'cd
tbc Florid:i
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:'\loticc of Proposed Change on April 15.2011; and
WHEREAS, on June 10,201 L Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 20] 1-139, Laws of
Florida to further extend the buiIdout date and the expiration date; and
WHEREAS. Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing KE
Tuscany Reserve Properties LLC, petitioned the Board of County Commissioners of CoUier
;-". Words5truek throu;:hare deleted; words underlined arc added.
Rontd Livingston DRIl DOA-PUOJ 1.354
Rev. .7/07/11 1 of6
Packetpage-2543-
9/27/2011 Item 17.A.
County, Florida to amend the Development Order by extending the buildout date, setting an
expiration date, and renaming the DRI to Tuscany Reserve DRl~ and
\VHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
WHEREAS, on September 27, 2011, the Board of County Commissioners, having
considered application of proposed changes to the Development Order and the record made at
said hearing, and having considered the record of the documentary and oral evidcncepresented
to the Collier County Planning Commission, and report and recommendation of the Collier
County Planning Commission, tlle report and recommendation of the Collier County Planning
Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby
approves the following Development Orderamendmems.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUKTY. FLORIDA that:
SECTION ONE: AMENDMENTS OF DEVELOPMENT ORDER 2000-01
.:\ The DRl is herebv renamed 10 Tuscanv Rcscr\'C' DR! and all references to ROlllO
'ell
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Board of County COIllmissioncl'S-tln .Iunu;:;ry 26, :2(j(4J.,-\.yhicB ab:Jgtl'''''e:l'frS
me Ronta Li,..ingston Community. Ronto acl~no\~Jcd);es that 1l1e
eenditions and commitments of the PUT) document also govern the
Development and use of the property ".ithi11 the Ronto Livingston
Community, c':e11 though the PUD document (Ordinance No. 2000 (4) is
specificnl1:,' not ma<lea part of this Development Order.
Words st-uck through are deleted; words underlined are added.
Ranta Livingston DRl / DQA-PL20 J 1-354
Rev. 7/07!l1 2 of6
Packet Page -2544-
9/27/2011 Item 17.A.
f'
11.
SUCCESSOR DEVELOPER
On Januarv 31. 2011. Tuscanv purchased the Ronto Livinl!ston DRI property.
deed recorded at OR Book 4648. Page 828. el seq. - Ofliciul Records of Collier Countv.
Florida. On April 15. 2011. Tuscanv filed a Notice of Proposed Chanl!e to the DRI
approval. Tuscanv also filed for an amendment to the Collier Count\' Planned Unit
Development ("PUD") document Ordinance Nos. 03-28 and 04-47 which governs the
development of the propertY also known as "Tuscany Reserve". Tuscan v acknowledges
that the conditions and commitments of Tuscanv ReservePUD as it exists and as it may
be amended also governs the development and use of the property. even though thePUD
document is expressly not made a part of this Development Order.
f'
2. The original lJroiected buildout date of Januarv 25. 2007 received
automatic extensions to Januarv 25, 20] 2 bv operation oflaw in Section 6. ChaPter 2007-
204. Laws of Florida and Section 46. Chapter 201 0-147. Laws of Florida. On June 10.
2011. Developer provided written notice to County of its intent to extend the DRI another
four years under Chapter 2011-139, Laws of Florida. Notwithstanding anY other time
periods listed in the ori!!inal Development Order or Application for Development
ADprovaL the Project huiIclout clate shall be JaIluarv 24. 2021. This Development Order
shull
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subject to the
conditions and limitations of said Subsection of the Florida Statutes.
5. The Developer, or its successor(s) in title to the subject property, shall
submit arep0l1 bienniallvafl:fl:tlfrl.l.y, commencing tW06fie year~ from the effective date of
tbis Development Order, to the Board of County Commissioners of CoUicr County, the
Soutbwest Florida Regional Planning Council, and the Department of Community
Affairs. This report shall contain the information required in the applicable section of the
Section 932.025(7), Florida Administrative Code. This report shall be prepared In
('
Words struck through are deleted; words underlined are added.
Ranto Livingston DR] i DOA-PL201 1-354
Rev. 7107/ II 3 of 6
Packet Page -2545-
9/27/2011 Item 17.A.
accordance with the "DRI Monitoring Format", as may be amended, provided by the
SWFRPC. Failure to submit the biennialB:fHH:lal report shall be governed by Section
380.06(18), Florida Statutes.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Tuscany Reserve DRI, which is the subject
of the proposed amendment, consists of approximately 461 acres, is legally described as set forth
in Exhibit "A", attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(] 9)( e)]., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County asrcquired by Section 380.06(19)(e)1. This
Section also provides "A Notice of Proposed Change ... that involves an extension of the
buildout date of a development, or any phase thereof. of less than five years is not subject to the
public hearing requirements of [(3) and is not subject to a determination pursuant to
subparagraph f(5)."
C. /\ rC\'lCW or 1hc impact generated h\ the proposed changes to the previously
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pursuant to the provisions of Section 380.06. Florida Statutes. as amended,
f, A Slli'11mary of the buildout dates and expiration dates is as follov,/s;
Original Date
Buildout
1/25/2007
Expiration
1/25/20 15
2007 Extension - 3 years
380.06(19)(c), F.S.
1/25/201 0
] /25/2018
Words struck thFOl:Igh are deleted; words underlined are added.
Route Livingston DRI!DOA-PL2011-354
Rev. 7j07/11 4 of6
Packet Page -2546-
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9/27/2011 Item 17.A.
r
2010 Extension - 2 years
Section 46, Chapter 2010-147,
Laws of Florida
1/25/2012
1/25/2020
2011 Extension - 4 years
380.06(19)(c), F.S.
1/25/2016
1/25/2024
Proposed 4 years 364 days
1/24/2021
1/2412029
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
require further development-of-regional-impactreview.
B. The proposed changes to the previously approved Development Order \vill not
unreasonably interfere 'vvith the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
f' consistent \vith the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
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deviation." Pursuant to Section :18(l.06(c)L it is nol subject to the public hearing requirements of
380.06(19)(03. and it is nol subject to a detennination pursuant to Section 380.06( 19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOIlMENT ORDER,
TRANS1\HTT AL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Orde.r 03-01 shall remain in full force
and effect, binding in accordance with the tenns on all parties thereto.
1'"
Words struok through are deleted; words underlined are added.
Ranto Livingston DRl! DOA-PL2011-354
Rev. 7/07/11 5 of 6
Packet Page -2547-
9/27/2011 Item 17.A.
B. Copies of this Development Order shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Land and Water Management,
and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and favorable vote.
Done this 27th day of September, 201 J.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
. Deputy Clerk
FRED W. COYLE, Chairman
IIei(j; /\;.;hlDli-(,
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County /\l1omcy
Section Chief: Land L:sciTransponalion
Attachment: Exhibit A - Legal Description
crn ]-CPS-O I 094\29
Wordsstrucl, throl:lgh are deleted; words underlined are added.
Ronto Livingston DR1! DOA-PL201 ].354
Rev. 7!07!11 Gor 6
Packet Page -2548-
J
9/27/2011 Item 17.A.
"Collier Coun:ty NOPC
Exhibit 1"- Legal Descd.pti.ou
LEGAL DESCRIPTIQN
4i Parcel A: North one.ha1f of the Northeast one-quanerC?f Section 12. To'lVllShip 48 Smut.
Range 25 East, CoIlier COWlty, Florl~ less: the portion conveyed to Collier. CounfY; a
p<>1itica1 subdivision of the State of Florida, by Warranty Deed recorded June 22,. 2002, in
the Official Records of Collier County. Florida at O.R. Book 2689. Page ~~.
Together ~
Parcel B; All of Section 7, Township 48 Soutb,Range 26 East, Collier Cormty.F1orlda,
lying West of the Interstate. Highway 75.right-of-way_
PARCEL A and PARCEL 13: TOGETHER BElNG MORE PARTICTJLARLY
DESCRIBED AS:
A parcel of land lying ill Section 7. Township 48 South. Range 26 East, and in Section
12, Township 48 South. Range 25 East, in Collier Count)' F1orida,and being more
particularly described as follows:
BEGINNING at N.onhwest Comer of. '5ection 7. TOWDShip 48 South, Ra.1S 26 East:n:m
thence along the North boundary ontre Northwest one-qu.aner (114) of said' Section 7.
S.89'S2'09''E. 2420.80 feet to a point 00 the Westerly right-Df-way line of Interstate
Highv/BY 75 (324' PJght or way); thence nlong said Westerly right-of-way line for the
foHo~'i.Dg three (3) courses I) S.19G30"43~~E" 2329.79 feet to a point of c1J.r~~"ature; 2)
VVe~;.t Gf tl~:c said Seeden 7, I{OD"'32 "'2 [>-r:;;V ~~
2623~13 feeL; thence me if/est boundary of the Nortlnves! qne-qUBJ1er (1/4) of rraid
Section 7, N.OO"3D'23"W., 1314.18 feet~ tbence along tbe Southerly boumiary of the
North one~half (1/2), of the Nor'&east one-quartcr (1/4), of said Section 12, Township 48
South.. Range 25 East, S~89~21 '50"W., 2599..53 feet to A. point on the EasrerIy right-of-
way line of Li0,ngston Road; thence clong said Easterly right-of-way line
N.OO'Z4'4T'W.. 1316.68 feet to a point on the North boundary of the North one--half
(112) of the Northeast on-quarter (114) of said Section 12;. thence along said North
boundary, N.89'25'08"1E.. 2597.37 feet to the POThiTOF BEG.1N1"llNG.
.-..
Exhibit A
Containing 461.29 acres. more or less.
Packet Page -2549-
Co~T County
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
~
APPLICATION FOR PUBLIC HEARING FOR (check one):
o DRI Application for Development Approval (DRI)
[j] DRI Notice of Proposed Change (DOA)
o Other DRI Development Order Amendment (DOA)
[
]
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
DOA-PL2011-354 REV:1
RONTO LIVINGSTON
DRI A/K/ A TUSCANY RESERVE
DATE: 4/19/11
DUE: 5/10/11
APPLICANT INFORMATION
APPLlCANT(S) KE Tuscany Reserve Properties, LLC March 23, 2011
FIRM KE Tuscany Reserve Properties, LLC Attn: Mr. John M. Gleeson
ADDRESS 16990 Livingston Road CITY Naples STATE Florida ZIP 34110
TELEPHONE #(239) 261-6798 CELL # FAX # 239 597-4266
E-MAIL ADDRESS:jgleeson@kitsonpartners.com
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Is the applicant the owner of the subject property? Jj] Yes 0 No
Please provide the following information on separate sheets.
D (2)
0 (b)
[gJ (c)
0 (d)
D (e)
D (f)
If applicant is 2 land trust, so indicate and name beneficiaries.
if applicant is corporation other than a public corporation, so indicate and name officers and
major stockholders.
If applicant is a partnership, limited partnership or other business entity, so indicate and
name principals. See Exhibit "4".
If applicant if an owner, indicate exactly as recorded, and list all other owners, if any.
If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the
lease.
If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s)
name and address.
..-...,
October 2010
PacketPage-2550-
Co~T County
.-.. COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION!
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
AGENT INFORMATION
NAME OF AGENT R. Bruce Anderson, Esq. and D. Wayne Arnold, AICP
FIRM Roetzel and Andress, LPA and a. Grady Minor and Associates, P.A.
<C ADDRESS 850 Park Shore Drive and 3800 Via Del Rey. CITY Naples - Bonita Springs, ST ATE FLordia ZIP 34103,34134
~ TELEPHONE # 239649-2708 and 239.947.1144 CELL # FAX # 239.261-3659 and 947.0375
E E-MAIL ADDRESS:banderson@ralaw.comandwarnold@gradyminor.com
Q)
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BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
PROPERTY INFORMATION
Detailed leaal description of the property covered bv the application: (If space is inadequate, attach on
.-.. separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application
meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range ~/48S /25E and 7/48Sj26E
Lot:
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U'l"J;_I!".
-I U~~all\' n -,s::;n'~
Subdivision: ;:'v. j r,c; ~I \::;
Plat Book Page #: Property !.D.#:
Metes & Bounds Description: See attached Legal - Exhibit "1 ",
Size of property: ft. X _ ft. = Total Sq. Ft. _ Acres_
Address/Qeneral location of subiect property: 16990 Livingston Road, 8/10th of a mile north of Veterans Memorial Blvd
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).
SectionlTownship/Range _'_'_
Lot: Block: Subdivision:
Plat Book Page #: _ Property 1.0.#:
~ Metes & Bounds Description:
October 2010
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252.6358
www.colliergov.net
~
DETAIL OF REQUEST
Does the proposed action comply with the Collier County Growth Management Plan? !j] Yes 0 No If
no, provide a written explanation.
Has a public hearing been held on this property within the last year? DYes !j] No
provide a written explanation of the hearing.
If this is a NOPC application, has any portion of the DRI been !j] SOLD and/or !j] DEVELOPED?
If so, please provide a written explanation. See Exhibit "2" and "ZA".
If so, please
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 DRI/PUD approval and including all subsequent amendments. Include hearing
number, hearing dates and a summary of the approved action. See Exhibit "3" and "3A"
Section 1 0.03.05.B.3 of the Land Development Code requires an applicant to remove their
public hearing advertising sign (s) after final action is taken by the Board of County ~
Commissioners. Based on the Board's final action on this item, please remove all public
hearing advertising sign (s) immediately
RECORDtNG Oir D::VELOPER COMFlltTf>/tENT$
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shaH record in
the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of
Developer Commitments that contains the legal description of the property that is the subject of the land use petition
and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or
Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695,
FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development
Monitoring staff within 15 days of recording of said Memorandum or Notice.
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October 2010
Packet Page -2552-
eolN':T County
~
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION!
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
APPLICATION REQUIREMENTS
FOR PUBLIC HEARING
A pre-application conference is mandatory prior to submitting an application to amend a DRI or
<:x; any Development Order.
l"-
T"" The petitioner shall submit copies plus the original of application form in compliance with the
~ Checklist attached. Additional copies may be requested depending upon distribution demands.
-
The applicant and/or his designated representatives must be present at all public hearings and
meetings relative to this petition.
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ALL EXHIBITS AND PLANS SUBMITTED MUST BE FOLDED OR REDUCED TO A SIZE TO
FIT IN A LEGAL SIZE FOLDER. OVERSIZED EXHIBITS MAY BE USED AT THE PUBLIC
HEARINGS; HOWEVER, THEY WILL BECOME A PERMANENT PART OF THE APPLICATION.
Any documents or plans referenced as an exhibit shall be reduced to 8 W x 11' and made a part
.-.. of the Development Order.
,.-..
October 2010
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.collien:.Jov.net
,.-........
AFFIDAVIT
We/I, John M. Gleeson. President of KE Tuscany Reserve Prooerties. LLC. a Delaware limited
liability company. being first duly sworn, depose and say that we/I I am/are the owners of the
property Ronto Livingston DRI/Tuscany Reserve PUD 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 potential property owner We/I further authorize R. Bruce Anderson. Esa. of Roetzel & Andress.
L.P.A. and D. Wayne Arnold. AICP of Q. Grady Minor and Associates. P.A. to act as our/my
representative in any matters regarding this Petition. .-..
KE Tuscany Reserve Properties, LLC,
a Delaware limited liability company
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/' S\ " : I ~.".;.,
, '. ,;(1"..". i j '.' _ f., Jj, /1', .c;;.
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By: / II mc1 I "_ 1 Or !,i..!L.1...{;"1
.!,- ';,f "\ ....--" --. ,.
Jo!)ri I'll: Gleeson" President '
!/
Th f b) "2.. eJ
e oregoing instrument was acknowledged efore me this _ u -
John M. Gleeson, President of KE Tuscany Reserve Properties, LLC, a
company, who is personally known tt"\ m,::. or has produced
identification.
day of March, 2011, by
Deiaware iimited liability
as
State ofFlori.da
~t6~
(Signature of Notary Public - State of Florida)
h\~x\~ ~~~~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
,.-........
648314v_01 \ 123996.0001
Packet Page -2554-
..-.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
DEVELOPMENT OF REGIONAL IMPACT
DRI, DOA
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER
LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
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Q) REQUIREMENTS #OF REQUIRED NOT
- COPIES REQUIRED
~ ~dditional set if located in the BayshorelGateway Triangle
~ 1 0 I?:Sl
o Redevelopment Area
~ Completed Collier County Public Hearing Application 12 I?:Sl 0
I"-
~ Pre-application meeting notes l2.. Ig] D
0')
Site plan 24" x 36" and One 8 %" x 11" copy, and one jpg copy (from
DRI Development Order) '-- 0 I?:Sl
Completed State NOPC Form with all attachments (if amendment) 12 ~ D
.- Completed State ADA Form with all attachments (if original DRI) 0 ~
)raft DRI Development Order to address proposed change D
Legal Description /1 3 ~ D
List identifying Owner & all parties of corporation 2 ~ D
Owner/Agent Affidavit signed & sealed 2 I ~ I D
Completed Addressing checklist (no older than 6 months) I 2 I ~ I 0
Copies of Notices sent to DCA and RPC I 2 I ~ I 0
I i
! Environmental Impact Statement (EIS) and digitai/electronic copy of I I I I
: EIS or exemption justification 3 0 [ZJ
Survey signed & sealed (no older than 6 months) I 4 [8J u I
Traffic Impact Statement (TIS) or waiver 5 0 ~
Aerial photographs (taken within the previous 12 months min scaled 5 ~ 0
1 "=200'), showing FLUFCS Codes, Legend, #'s and proiect boundary
Electronic copy of all documents in Word format (CD-ROM or 3 [gj 0
Diskette)
Project Narrative t:l10 ~ 0
Affidavit, signed and notarized 2 Ig] D
School Impact Analysis Application - residential projects only 2 D D
(download the School Impact Analysis Application from website)
Submit copies of all extension approvals.
SCHOOL CONCURRENCY - If the proposed project includes a residential component, you are required to contact the
School District of Collier County at 239-377-0267 to discuss school concurrency requirements.
---.
October 2010
eo1N:r County
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
,.-.....,
.Elli:.
o $10,000 DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fraction thereof).
o $2,250.00 Comprehensive Plan Consistency Review (does not apply to DRI amendment)
~ $6,000 DRI/DOA Amendment Development Order plus $25.00 acre (or fraction thereof) the acreage charge
does not apply for amendments which only change the build-out date of the DO for a time period of less than
five years.
~ $150.00 Fire Review Fee
~ ($500.00) Pre-application credit (Applications submitted 9 months or more after the date of the last pre-
app meeting shall not be credited towards application fees and a new pre-application meeting will be
required.
$925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples News).
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o
o
$500.00 Legal Advertising Fee for BCC meeting
$2500.00 Environmental Impact Statement review fee
Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return
receipt mail (to be paid after receipt of invoice from the Zoning Services Department)
,.-.....,
Transportation Fees. if required:
o $500.00 Methodology Review Fee, if required
o $750.00 Minor Study Review Fee, if required
o $1.500.00 Major Study Review Fee, if required
School Concurrency Fees
U [reserved] School Concurrency Review Fee, if required
* Mitigation Fees, if applicable, to be determined by the School District in coordination with the County.
Note: An additional fee for the 5th and subsequent re-submitlal will be accessed at 20% of the original fee.
,.-.....,
October 2010
PacketPage-2556-
"Collier County NOPC
Exhibit 1"- Legal Description
...-....,
LEGAL DESCRlPTION
Parcel A: North one-half of the Northeast one-quarter ~f Section 12, Township 48 South,
Range 25 East, Collier County, Florida, less: the portion conveyed to Collier, County,' a
political subdivision of the State of Florida, by Warranty Deed recorded June 22, 2002, in
the Official Records of Collier County, Florida at O.R. Book 2689, Page 3~68.
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Together with:
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Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County" Florida,
lying West of the Interstate,Highway 75, right-of-way.
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PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY
DESCRIBED AS:
A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section
12, Township 48 South, Range 25 East. in Collier County Florida, and being more
particularly described as follows:
~
BEGINNING at Northwest Comer oft;ection 7, Township 48 South, Rang 26 ~ast run
thence along the North boundary of the Northwest one-quarter (114) of said' Section 7,
S.89052'Q9''E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate
Highway 75 (324' Right of way); thence along said Westerly right-of-way line for the
following three (3) courses 1) S.19030'43"E. 2329.79 feet to a point of curvature; 2)
Southerly, 1892.87 feet along the arc of aCUl"ve to the right having a radius of 5561:.58
feet and a central angle of 19025'46" "(chord bearing So09046'20"E., 1883.77 feet); 3)
5.00001'ST'E. 1243.42 feet to a point on the Sout.1. boundary of the Southeast one-quarter
(1/4) of said Section 7; thence along said South boundary r~L890 lO~ 15"\'{., 844_32 feet;
thence along the South boundary of the Soutl1'lvest one-quarter (1/4) of said Section 7,
N.890lO'25"W., 2627.43 feet to. the Southwest corner of said Section 7; thence along the
West boundary of the Southwest one..quarter (114) of said Section 7, N.ooo3Z"28"W.,
2623.13 feet; thence along the West boundary of the Northwest qne-quarter (114) of said
Section' 7, N.00030'23"W., 1314.18 feet; thence along the Southerly boundary of the
North one-half (1/2), of the Northeast one-quarter (114), of said Section 12, Township 48
South, Range 25 East, 8.89021 '50"W., 2599.53 feet to a point on the Easterly right-of-
way line of Livingston Road; thence along said Easterly right-of-way line
N.ooo24'4T'W., 1316.68 feet to a point on the North boundary of the North one-half
(112) of the Northeast on-quarter (1/4) of said Section 12; thence along said North
boundary, N.89025'OS"E., 2597.37 feet to the POINT OF BEGINNING.
. Containing 461.29 acres, mote or less.
.-..
9/27/2011 Item 17.A.
"Collier County NOpe Exhibit 2"
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On January 31,2011, KE Tuscany Reserve Properties, LLC, a Delaware limited liability
company acquired the portions of the Tuscany Reserve development described in the
attached Exhibit 2A.
Twenty-one (21) single family dwelling units and twelve (12) multi-family dwelling units
have been constructed along with substantial portions of infrastructure.
649398 v_Ol \ 123996.0001
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"Collier County NOPC
Exhibit 2A." Page 1 of 2
LEGAL DESCRIPTION
PARCEL I:
All of Tuscany Reserve, according to tbe map or plat thereof as m:orded in Plat Book 39. Pages 8& through
95 and all of Arezzo at Tuscany Reserve recorded in Plat Book 48, Pages 80 and 81. Public: Records of
Collier County, Florida.
Less and ecc:ept the following:
Lots 3. 4, 7. 8, 9,11.12,13.1&,20 and 21. Block C. Tuscany Reserve. according to the map or plat thereofas
recorded in Plat Book 39. Pages 88 through 95, Public Records of Collier County, Florida; and
Lots 1,2.6.7.8.9, 10, 12, 13, 14. IS, 16, 17 and 18, Block D. Tuscany Reserve, according to the map or plat
thereofas recorded in Plat Book 39. Pages 8 . blic R=ds of Collier County. Florida; and
-e,R Co
Lot 2, Block M, Tuscany Reserve~Jli ~ e m ~!'7J f as recorded in Plat Book 39. Pages 88
through 95, Public Records 00 ty. Florida; and ;:.:.. \
All of the units of Toscana fatFieapJ' ~scrv... " C~llllilinium, ording to the Amended and Restated
Declaration of Condomini~m r ord~ k 41 3~ Page 33M, ~d all exhibits and amendments
thereof, Public Records of f:olli{rt:!i f' ..-:> Yl\' \
Lands described in FoD.clT. ~def! ~f ,~~g ~:&~A ~d SPO\\Ill as Parcel 107 in Official
Records Book 4250, Page i~'09. ~m~d.Ic aslhllows:J r;!
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Those portions ofTraet Ct\~:aM Traet.FD-l, Tuscany~e) a~~sion in Section 7, Township 48
South, fumge 26 East, as PerPiit",~ereof recorded in PF.W~J;?o9kJ9~)'lge 88, Public Records of Collier
County, Florida, being des::ribI:cY:8'-foUows: -..,,~/ l,j./
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Commence at the SCUt,1west com2of(ne'S;Uureest-}f~6.f'S21aSCCtIOn 7; thence along the South line of said
Southeast 1/4, South 89 Degrees 36' 4S""Ekt'-a diit"cJ..6fj'Jje5'39 fe:;t to the survey base line efState Road
93 (1-75); thence along said survey base line,NorthVG1Jegrees 28' 42" West a dism..,ce of J 50.02 feet; thence
North 89 Degr= 36' 45" West a distance of 162.02 feet to an intersection v..it.1j tile South line of said Traet
CA-3 and the Westerly existing limited access right of way line of said State Road 93 (per Section 03175-
2401) for a Point of Beginning; thence along said South tnlct line, North 89 Degrees 36' 45~ West a distance
of 592.27 feet; thence North 01 Degrees 00' 26" West a distance of355.65 feet; thence North 88 Degrees 18'
31" East a distance of 474.80 feet to the East line of said Tract CA-3 also being the West line of said Traet
FO-l; thence along said East tract line, South 04 Degrees 32' 18ft East a distance of 156.91 feet; thence
departing said East tract line, North 89 Degrees 31' IS" East a distance of 109.69 feet to said Westerly
existing limited access right of way line; thence along said Westerly ecisting limited access right of way line,
South 00 Degrees 28' 42" East a distance of21 S.11 feet to the Point of Beginning.
643522 v_OJ \ 123996,0001
9/27/2011 Item 17.A.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DMSION 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 IMP ACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRl be made to the local government, the regional planning agency, and the
state land planning agency according to this fonn.
1.
I, John M. Gleeson. the undersigned owner/authorized representative ofKE TUSCANY
RESERVE PROPERTIES, LLC, a Delaware limited liability company, 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 Tuscany Reserve DRl development, which
information is true and coneet to the best of my knowledge. I have submitted today through
my agent, under separate cover, copies of this completed notification to Collier Countv, to
tbe Soutlnvest Florida Re!2:ional Plmmim2 Council, and to the Bureau of Local Plannimr.
Department of Communir\' Affairs.
.-..
KE TUSCANY RESERVE PROPERTIES, LLC
a Delaware limited liability company
By~k~
f/ John M.\.Gleeson, President
..-....
Nope FORM
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2.
Applicant (name, address, phone).
John M. Gleeson, President
KE Tuscany Reserve Properties, LLC
16990 Livingston Road
Naples, FL 34110
Tel: (239) 261-6798
Email: hdeeson(a).kitsonpartners.com
Authorized Agent (name, address, phone).
R. Bruce Anderson
Roetzel & Andress, L.P.A.
850 Park Shore Drive, Ste. 300
Naples, FL 34103
Wayne Arnold
Q. Grady Minor & Associates, Inc.
3800 Via Del Ray
Bonita Springs, FL 34134
Tel: (239) 649-2708
Email: banderson@ralaw.com
Tel: (239) 947-1144
W Arnold(a),e-radvminor.com
Erica S. Rogan, Esq.
Vice President Legal Services
Kitson & Partners
17837 Murdock Circle
Port Charlotte, Fl 33948
Tel: (941) 235-6900
Email: ero!!an(a)Jdtsonpartners.com
4. Location (City, County, T ovmship/Range/Section) of approved DRI and proposed change.
Collier County, Sections 7 & 12, Tovmship 48 S, Range 25E and 26E
). Provide a complete description of the proposed change. Include any proposed changes to
the plan of development, phasing, additional lands, commencement date, build-out date,
development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
Indicate such changes on the project master site plan, supplementing with other detailed
maps, as appropriate. Additional information maybe requested by the Department or any
reviewing agency to clarify the nature ofthe change or the resulting impacts.
The change would extend the buildout date by four (4) years and three hundred sixty
-four (364) days. Since the buiIdout date extension is for less than five (5) years, per
Section 380.06(19)(c)(2), Florida Statutes, this extension is deemed not to be a
substantial deviation. The new buildout date will become January 24,2017. As
provided in Section 380.06(19)(c) F.S. any extension of a buildout date automatically
extends the termination date of the development order and the expiration date of the
Nope FORM
2
645264 v_01 \ 123996.0001
9/27/2011 Item 17.A.
DR! by like time period. The proposed text change would incorporate these automatic
statutory extensions as well as the extension that is the subject of this NOPC.
.-..
The change also removes the reference to a repealed PUD Zoning ordinance for the
property, renames the DR! to Tuscany Reserve to make it consistent with the existing
PUD Ordinance name, changes the report filing requirement from annual to biennial
and lists the successor developer of the DR! as KE Tuscany Reserve Properties, LLC,
a Delaware limited liability company.
6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no change.
No Change.
# Dwelling Units
See attached Exhibit "A"
Type of Dwelling Units
single &
multi-family
single &
multi-family
Resolution 03-302
September 9th 2003
Residential
# of lots
~creage,Uncluding
drainage, ROW,
easements, etc.
Site Locational
Changes
# External vehicle trips
DO Conditions"';:
,-........
Acreage
Site LocationaI
, I
Open Space I Changes I
I Type of Open Space I I
D.O Conditions
ADA Representations
Preserve
*
7. List all the dates and resolution numbers (or other appropriate identification numbers) of all
modifications or amendments to the originally approved DR! development order that have
been adopted by the local government, and provide a brief description of the previous
changes (i.e., any information not already addressed in the Substantial Deviation
Detennination Chart). Has there been a change in local government jurisdiction for any
portion of the development since the last approval or development order was issued? If so,
has the annexing local government adopted a new DR! development order for the project?
The original DR! resolution number 2000-26 (Development Order number 2000-1)
has never been amended. There has been no change in local jurisdiction.
,-........
Nope FORM
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8.
Describe any lands purchased or optioned within 1/4 mile of the original DR! site
subsequent to the original approval or issuance of the DR! development order. Identify such
land, its size, intended use, and adjacent non-project land uses within Yz mile on a project
master site plan or other map.
Not applicable.
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 change does not involve any of the criteria listed.
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: Exceptfor 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.-13. and does not exceed any
other criterion, or that involves an e:xtension of the buildout date of a development, or
any phase thereof, of less than S years is not subject to the public hearing requirements
of subparagraph (jj3., and is not subject to a determination pursuant to subparagraph
Cf)S. Notice of the proposed change shall be made to the regional planning council and
the state land planning agency. Such notice shall include a description o.fpreviolls
individual changes made to the development, including changes previously approved by
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 proposed change is to extend the buildout date to January 24, 2017.
11.
Will the proposed change require an amendment to the local government comprehensive
plan?
No.
Nope FORM
645264 v_01 \ 123996.0001
4
9/27/2011 Item 17.A.
Provide the following for incorporation into such an amended development order, pursuant
to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code:
,-..,
12. An updated master site plan or other map ofthe development portraying and distinguishing
the proposed changes to the previously approved DR! or development order conditions.
No changes are proposed to the master plan.
13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being
proposed to be deleted or added as an amendment to the development order. This language
should address and quantify:
a. All proposed specific. changes to the nature, phasing, and build-out date of the
development; to development order conditions and requirements; to commitments
and representations in the Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, 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 "Exhibit A" draft DO Amendment text with strike
through (proposed to be deleted) and underlined (proposed to be added) text.
b.
An updated legal description of the property, if any project acreage is/has been
added or deleted to the previously approved plan of development;
~
Not applicable.
c. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
Not applicable.
d. A proposed amended development order termination date that reasonably reflects
the time reqUITed to complete the development;
The proposed termination date is January 24, 2022.
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 date is January 24, 2022.
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f.
Proposed amended development order specifications for the annual report, including
. the date of submission, contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (7), F.A.C.
No changes are proposed.
Nope FORM
6
645264 v_01 \ 123996.0001
OR 4648 PG 833
9/27/2011 Item 17.A.
"Co~~ier County Nope
Exhibit 2A" Page 2 of 2
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PARCEL 2:
A parcel of land lying in the Southeast one-quarter (1/4) of Section 12, Township 48 South, Range 2S East,
Collier Comty, Florida and being more particularly descn'bed as follows:
Beginning at the Northeast comer of the Southeast one-quarter (114) of Section 12, Township 48 South,
Range 2S East thence nul along the East boundary of said Southeast one-quarter (114) of Section 12, S. 00
Degrees 32' 28" E., 2423.13 feet; thence S. 89 Degrees 08' 54" W., 65.00 feet to a point on the East boundary
of Florida Power & Light Parcel No.3 as recorded in Official Records Book 437. Page 708 of the Public
Records ofColIier County. Florida; thence along said East boundary, N. 00 Degrees 32' 28" W.. 2020.33 feet;
thence along Easterly boundary of Florida Power & Light parcel No. 2, as recorded in Official Records Book
437, Page 708 of the Public Records ofCo1lier County, Florida, N. 04 Degrees 54' 55" E., 368.10 feet; thence
along the Easterly boundary of the Florida Power & Light right of way (I 10 foot right of way), as recorded in
Official Records Book 156, Page 615 of ... ~ r Collier COtmty, Florida, N. 00 Degrees 32' 28"
W., 36.63 feet to a point of inters . ~ of said Southeast me-quarter (114) of
Section 12; thence along said Noati N. 89 Degr JS' 30.00 feet to the Point of Beginning.
PARCEU, ~() ~ ~ \
The .East 30 feet of~he Eap 26 . ~'q~~:.\(~Oftlie Northeast one-quarter (1/4) of
Section 12, TO"ilTIshlp 48 Southfi ge E~ PO'If!" ~o\~otJaa.l 1
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Lot 14, B1o-.:k D, Tuscany Reseo~ ~ccording to the map cF. plat t,h'ereo(as re::orded in Plat Book 39, Pages
88 throuf-tJ 95, Public Records 6(t:gliie"",,-Counry, Florida. ><~ '",;/
'-"J/>~-:}_~~~,~~,:, .
PARCEL s: '-~-'-~:=,_~.=------
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Unit 802. Tosc:ana I at Tusc:my Reser.e. a condominium, accorcing to the Amended and Restated
Declaration of Condominit.!lTl recorded in Official Records Book 4153, Page 3334, aTJd all exhibits and
amendlnents t.hereof, Public Records of Comer County, Florida,
PARCEL 6:
Unit 804, Toscana r at Tuscany Reserve, a condominium, according to the Amended and Restated
Declaration of Condominiwn recorded in Official Records Book 4153, Page 3334, and all exhibits and
amendments thereof, Public Records ofCo1lier County, Florida.
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643522 v_OJ \ 123995.0001
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"Collier County NOPC
Exhibit 3"
APPLICATION FOR PUBLIC HEARING
DRI NOTICE OF PROPOSED CHANGE (DOA)
REQUEST FOR DETAILS - NARRATIVE STATEMENT REQUESTED ACTION.
INSERT TO COUNTY APPLICATION DOCUMENT-
The Ronto Livingston DRI (Resolution 2000-26, DRI DO 2001-01) was approved
January 25,2000 and has never been amended.
The requested change would extend the buildout date by four (4) years and three
hundred sixty-four (364) days. Since the buildout date extension is for less than
five (5) years, per Section 380.06(19)(c)(2), Florida Statutes, this extension is
deemed not to be a substantial deviation. The new buildout date will become
January 24,2017. As provided in Section 380.06(19)(c) F.S. any extension of a
buildout date automatically extends the termination date of the development
order and the expiration date of the DRI by like time period. The proposed text
change would incorporate these automatic statutory extensions as well as the
extension that is the subject of this NOPC.
The change also removes the reference to a repealed PUD Zoning ordinance for
the property, renames the DRI to Tuscany Reserve to make it consistent with the
existing PUD Ordinance name, and lists the successor developer of the DRI as KE
Tuscany Reserve Properties, LLC, a Delaware limited liability company and the
amendment changes the DRI report filing requirement from annual to biennial.
The proposed text change is attached as Exhibit "3A".
(,48289,_e)] \ 123996.0001
9/27/2011 Item 17.A.
.........11...... ..........11."1'._' "'"
Exhibit "3A"
RESOLUTION NO.
DEVELOPMENT ORDER NO.
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING RESOLUTION No. 2000-21 AND
DEVELOPMENT ORDER 2000-01 FOR RONTO
LIVINGSTON DRI AND RENAMING IT TUSCANY
RESERVE DRI LOCATED IN SECTIONS 7 AND 12,
TOWNSHIP 48 SOUTH, RANGE 25 AND 26 EAST,
COLLIER COUNTY, FLORIDA:
"-....,,
WHEREAS, Ronto Livingston, Incorporated (herein "Ronto") filed on July 12, 1999, with the
County of Collier an Application for Development Approval of a Development of Regional Impact known
as Ronto Livingston DRI in accordance with Subsection 380.06(6), Florida Statutes; and
WHEREAS, Ronto has obtained all necessary approvals from Collier County Agencies,
Departments and Boards required as a condition to Planned Unit Development (PUD) zoning and DRI
approval; and
WHEREAS, the Board of County Commissioners as the goveming body of the unincorporated
area of Collier County having jurisdiction pursuant to Section 380.06(6), Florida Statutes, is authorized
and empowered to consider applications for development approval (ADA) for developments of regional
impact; and
and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes have been satisfied;
WHEREAS, the Collier County Planning Commission has reviewed and considered the report
and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public
hearing on the ADA on December 16, 1999; and
WHEREAS, the Board of County Commissioners has passed Ordinance No. 2000-04, on
January 25, 2000, which rezoned the property to PUD; and
WHEREAS, the issuance of the Development Order pursuant to Chapter 380.06(6), Florida
Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other
development permits consistent herewith by the County or State; and
"-....,,
WHEREAS, on Jan. 25 , 2000, the Board of County Commissioners, at an open public hearing in
accordance with Section 380.06, Fiorida Statutes, having considered the application for development of
regional impact submitted by Ronto; the report and recommendations of the SWFRPC; the record of the
documentary and orai evidence presented to the Collier County Planning Commission; the report and
recommencaiions of the Collier County Planning Commission; the recommendations of Collier County
Staff end ,L\dvisory Boards; and the reco:-d made at said heaiing, the BOBra of COL;nty Commissione:-s of
Cc~iier County makes the foHo'N!ng findings of fact 3:lC cO:lciLlsions of :aw:
Vv'HER::,!'\S on Ja;:. 31 20"1 1<= TL.'SC2nV Reserve ProDe:iies, L1:.J~.~.E-De:s\vare limited liabiWv
COmDany. I"Tus::anv": a::Duire::! the Ronto LivinGston wopertv and filed 2 NDtice of Pronase::! ChanDe cn
Aoril ,2011.
FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth in Exhibit "N.
2. The application is consistent with Subsection 380.06(6), Florida Statutes, (1997).
3. The Developer submitted to the County an ADA and sufficient responses, hereby referred to as
composite Exhibit 'B", which by reference hereto are made a part hereof to the extent that they are not
inconsistent with the terms and conditions of this Order.
4. The Developer proposes the development of Tuscanv ReservcRonle Livingston DRI consisting
of 463 acres, which includes: 1,380 residential units which will include a maximum of 344 single family
units and 1,036 multi-family units; and recreational uses including a golf course.
5. The Development is consistent with the report and recommendations of the SWFRPC
submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The Development shall not 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 the SWFRPC.
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649597. 02 \ 123996.
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Collier County NOPC
Exhibit .3Au
,,-,
8. The Development is not in an area designated an as Area of Critical State Concern pursuant to
the provisions of Section 380.05, Florida Statutes, as amended.
9. The Development is consistent with the current land development regulations and the Growth
Management Plan of Collier County, as amended.
10. The Development is consistent with the State Comprehensive Plan.
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 this, the day of
JaffiIaFy, , ~2011. that the Tuscanv ReservoRonte Li'linl\jstsR COFRflHJnity
Application for Notice of Prooosed Chanoe Develsl3rRsnt !\fll3rs'I[l1 submitted by ~ is hereby
ordered approved, subject to the following conditions:
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1.
ENERGY
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The ReAts LivinlilstsnTuscanv 'Reserve CSFRrRtmity Development of Regional Impact shall
incorporate the following energy conservation features.
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A. Provision of a bicycle/pedestrian system connecting land uses to be placed along one
side of the collector road within the Project. This system is to be consistent with Collier
County requirements.
B. Provision of bicycle racks or storage facilities in recreational, commercial and multi-family
residential areas.
C. Cooperation in the locating of bus stops, shelters, and other passenger system
accommodations for a transit system to serve the Project area.
D. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper
energy conservation efforts.
E. Reduction of coverage by asphalt, concrete, rock and similar substances in streets,
parking lots and other areas to reduce local air temperatures and reflected light and heat.
~
F. Installation of energy-efficient lighting for streets, parking areas, recreation areas and
other interior and exterior public areas.
G. Selection of native plants, trees and other vegetation and landscape design features that
reduce requirements for water, fertilizer, maintenance and other needs.
H. Plantlng of native shade trees to proviae reasonable shade for recreation areas, streets
2nd parking areas.
;:;:3cemen: Of trees to pr::-;vloe need::,d sh2cie in the '\I'1/2.;"f'""',el- :nonths \r\.'.b!!8 nni
reducing the benefits of suniight in the cooier months.
J. Use of energy efficien: building features.
K. Orientation of structures, as possible, to reduce solar heat gained by wells and to utilize
the natural cooling effects of the wind.
L. Provision for structural shading wherever practical when natural shading cannot be used
effectively.
M. Consideration of any project-established architectural review committee(s) of energy
conservation methods (both those noted above and others) to assist builders and
residents in their efforts to achieve greater energy efficiency in the Development.
2. STORMWATER MANAGEMENT
A. The Ronta Li'/inostonTuscanv Reserve Development shall obtain a South Florida Water
Management District Environmental Resource Permit, for conceptual approval of the
proposed Development, for construction and operation of the proposed surface water
management system, and for proposed impacts to onsite wetlands and other surface
waters.
B.
The Ronte Li',ingstonTuscanv Reserve Development shall obtain a South Florida Water
Management District Water Use Permit, for the proposed surface and/or groundwater
withdrawals for landscape irrigation, and for certain dewatering activities proposed for the
construction of project lakes and/or road or building foundations.
.-..
649597 v_02 \ 123996.0004
9/27/2011 Item 17.A.
L.Olller L.oumy NUI"L.
Exhibit "3A"
C.
The Developer shall obtain approval from the Florida Department of Transportation
(FOOT) prior to discharging from the surface water management system into the 1-75
drainage swale.
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D. As part of the Environmental Resource Permit (ERP) review process, the Developer shall
be required to submit revised stormwater routings that incorporate on site natural
features into the master stormwater management system.
E. AJ; part of the ERP review process, the Developer shall have to provide verification that
the 1-75 swale has adequate capacity to convey runoff from the Rente LivingstonTuscanv
Reserve Development in addition to runoff from 1-75. If the swale is found not to
possess adequate capacity, the Developer shall be required to cooperate with the District
and FDOT in redesigning the swale to provide the needed capacity.
F. AJ; part of the ERP review process, the Developer shall be required to incorporate best
management practices to be utilized within the stormwater management system, for the
containment of potential hazardous material spills within the golf course and/or onsite
chemical storage facilities.
G. During construction activities, the Developer shall use best management practices for
erosion and sedimentation control. These practices shall be included with, or presented
on, all construction plans, and shall be subject to approval by the appropriate agencies
prior to their implementation.
H. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated
slit, shall be removed upon completion of stabilization. Either the Developer, or the
entities responsible for the specific construction activities requiring these measures, shall
assume responsibility for having them removed upon completion of stabilization.
1. The final stormwater management plan shall consider, as applicable, measures to reduce
runoff rates and volumes, including, but not limited to, fixed control structures, perforated
pipes, and grass swale conveyances. Swales shall be used, whenever possible, rather
than closed systems.
J.
Any shoreline banks created along the onsite stormwater management system shall
include littoral zones constructed on slopes consistent with South Florida Water
Management District (SFWMD) and Collier County requirements and shall be planted in
native emergent and submergent aquatic vegetation. The Developer shall ensure, by
supplemental replanting if necessary, that at least 80% cover by native aquatic
vegetation is established within the littoral zone for the duration of the project.
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K. The Developer shall conduct annual inspections of the l'knto L"."ngctonTuscanv Reserve
Master Stormwater r,1anagement System and the preserved/enhanced wetland areas on
:he Project site so 8S to ensure that these ar<:;3S are maintained in keeping v:ith the final
ap'J~oved designs, and th8t the v/ater manage:tleni system is caoabie of aCGonloLshing
ti'S ie\'el of stcrmW81er storage 2!;d tr63tnlsntfor whictl :t was intended
L.. The Deve!oper shall confirm, to the satisfaction of all applicable, federal, state and toea!
review agencies, and the South Florida Water Management District that the proposed
stormwater management system shalf not adversely impact habitats of any state or
federally listed plant and/or anima! species potentially occurring onsltc. or that such
impacts shall be mitigated to the benefit of onsite populations of those species.
M. Ditch and swale slopes shall be reviewed and approved by Southwest Florida Water
Management District (SFWMD), and shall be designed to minimize discharges so that
these facilities may provide some additional water quality treatment prior to discharge.
Treatment swales shall be planted with grass or other appropriate vegetation.
N. The grassed stormwater treatment areas shall be mowed on a regular basis as part of
the normal lawn maintenance of the Development. Any debris that may accumulate in
project lakes, ditches or swales, or which may interfere with the normal flow of water
through discharge structures and underdrain systems, shall be cieaned from the
detention/retention areas on a regular basis. Any erosion to banks shall be replaced
Immediately.
O. Underdrain systems and grease baffles, if utilized within the Ronte LivingstonTuscanv
Reserve DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no
instance shall the period between such inspections exceed eighteen months.
P.
Stormwater management system maintenance requirements shall include removal of any
mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails
and primrose willows) from all system nodes, reaches, and percolation basins, as well as
from the lake littoral zones employed in the system.
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649597 v_02 \ 123996.1 P k P 2570
ac et age - -
Collier County NOpe
Exhibit "3A"
a.
To the extent consistent with applicable stormwater management system and
environmental regulations, any isolated wading bird pools constructed in lake littoral
zones shall be excavated to a depth that provides aquatic habitat for mosquito larvae
predators, such as Gambusia affinis.
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R. All commitments and mitigating action volunteered by the Developer in the ADA and
sufficiency information related to the general project description, water, solis, floodplains,
and stormwater management and not in conflict with the above recommendations or the
requirements of local, state, and federal permits authorizing the Development and
incorporated by reference into this Development Order are binding on the Development.
3. TRANSPORTATION
A.
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(J)
The Developer, its successors or assigns shall be fully responsible for site-related
roadway and intersection improvements required within the Project. The Developer shall
be required to pay its proportionate share of the cost of any intersection improvements
(including but not limited to signalization and tum lanes) found necessary by Collier
County for the Project's access intersections onto Livingston Road (both North-South and
East-West). To the best ability of the Developer, the site access points shall be located
and developed consistent with Collier County's Access Management standards and
permit requirements, unless otherwise approved by Collier County.
The following roadways and intersections are projected to be significantly impacted by
the Ronto LivinSlstenTuscanv Reserve Development (5% of LOS D, peak season peak
hour) and are forecasted to fall below the adopted level of service standards prior to
project build-out.
(i) ROADWAYS
1. Bonita Beach Road from Old 41 to Imperial Street
(i1)
INTERSECTIONS
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1. Bonita Beach Road/Old 41
2. Bonita Beach Road/Imperial Street
3. Livingston Road (North-South)/Ronto Livingston Entrance
4. Livingston Road (East-West)/Ronto Livingston Entrance
(Hi)
In addition to the above-listed road segments and intersections, the Ronto
Livingston Development may have a significant impact on the following road
segments and intersections prior to project buildout:
1. Livingston ;::;(oad from Immokalee Roae to Bonita Beach ?oad
2. Livingston Road (North-South) Immokalee P,oacJ
3. Airport R02d/lm:nokalee Road
Based on tile t;2n~;OOnLJtiGrl c;S~~8SSiT!ent of Signific2ilt project irnp~,:;ts, c,::;ns:r.-<,cl;C~~-1 ::~
the foilowing transportation improvements or acceptabie substitutes or alternatives sh2:1
be needed coincident with development of the ROrt~sk'-flTuscanv Reserve
Development DRI if adopted level of service conditions are to be maintained through
bui!dout (2--GG-+2017) on Significantly impacted regional road segments and intersectlons.
Bui!dout (2007\
Bonita Beach Road from Old 41 to Imperial Street
Bonita Beach Road / Old 41
Total of 3 through lanes in each direction
Total of 2 westbound right tum lanes
Signal retiming
Bonita Beach Road /Imperial Street
Total of 3 through lanes in each direction
1 northbou nd left turn lane
1 northbound thru lane
1 northbound right turn Jane
Signal retimlng
Imrnokalee Road / Livingston Road
1 southbound left turn lane
1 southbound thru lane
1 southbound right turn lane
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D. The Developer shall mitigate its impacts on the regional and local roadway and
intersections identified herein as follows:
649597 v_02 \ 123996.0004
9/27/2011 Item 17.A.
I..Olller I..oumy NUl'l..
Exhibit "3A"
(i)
The Developer shall make the site related improvements specified in Paragraph
A hereof.
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(Ii) The Developer shall pay its proportionate share of intersection improvements at
its access points to public roadways specified in Paragraph A hereof.
(Hi) The Developer shall be subject to all lawfully adopted transportation impact fees.
(iv) The Developer shall be subject to the Concurrency Management System of the
County as set forth herein.
E. The County roadway segments and intersections on which this Project has significant
impacts are within the jurisdiction of Collier County for purposes of concurrency
management. The County has considered regional roadway segments and regional
roadway intersections set forth as follows:
(I). Livingston Road from Immokalee Road to Bonita Beach Road
(Ii). Livingston Road/lmmokalee Road intersection
(iv) Livingston Road/Project Access intersections
The County has determined the Project is subject to and shall comply with the
Concurrency Management System (CMS) of Collier County as adopted in its Growth
Management Plan, and implemented by the Land Development Code (LOC), Section
3.15., ADEQUATE PUBLIC FACILITIES. After due consideration of the alternatives, the
County has determined that compliance with concurrency as mandated by the CMS, in
addition to the other mitigations required in this Section is the appropriate way to address
the impacts of this Project and to ensure that transportation facilities are provided
concurrently with the transportation impacts of this Project.
F.
LDC, Section 3.15.6.2 requires the Community Development and Environmental Services
Division Administrator to complete an Annual Update and Inventory Report (AUIR) on or
about December 1 of each year on roads and public facilities based on the adopted level
of service. The Developer shall provide within thirty (30) days of publication each year a
copy of said AUIR on the regional facilities set forth in Paragraph E hereof to the
Southwest Florida Regional Planning Council and the Florida Department of Community
Affairs (DCA).
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G. The Board of County Commissioners is required by the LOC. Section 3.15 to establish
Areas of Significant influence (ASI) around any deficient or potentially deficient road
segment (except where such Dotentially deficient road segment is projected not to
exceed its adopted LOS within the first three years of tne five-year schedule of capital
mprovements in the CIE u;Joate and amendment proposed for :ransmittal on or about
October 1. and the estima;ec annual residual c2cacity tri~s that would be allocated to
those developers for certific2l8S of pub:ic facility adequacy v/ithin the ,L\SI encompassln;:
S!Jch iJo:entiai!y deficient r02:] .segment dunng the next yea. does nc/ el~c(38d the
rsrr.air.ing trip capacity). :he Developer shall notir)i S\.'VFRPC and DCA within five (5)
working days after receipt of notice of a public [learing to determine the boundaries of
any AS! on any facilities listed in ParagraDh E hereof.
H. If any of the road segments identified in Paragraph E become deficient, the County shall
establish an Area of Significant Influence around such segment-pursuant to criteria set
forth in LOC, Section 3.15.
In addition to the provisions of LOC, Section 3.15, for purposes of this Development
Order, the DRI shall be deemed to have a significant impact upon a deficient road
segment if its traffic impacts exceed five percent (5%) of LOS 0, peak hour-peak season,
capacity of the roadway.
J. Collier County and the Developer may consider other options to provide adequate
commitments for needed improvements to transportation facilities set forth in Paragraph
E hereof, provided that said options meet the following criteria:
(I) The transportation impacts to the roads and intersections outlined herein shall be
addressed consistent with Sections 163.3220-163.3243, Florida Statues which
authorize local government development agreements or the Florida
Administrative Code, Rule 9J-2, Transportation Policy Rule.
(Ii) Any such option would be implemented only after a Notice of Change procedure.
K.
The Developer, it successors or assigns shall submit aR aRR1:la!biennial traffic monitoring
report to the following entities: Collier County, Lee County, Florida Department of
Transportation (FOOT), Florida Department of Community Affairs (FDCA), and the
Southwest Florida Regional Planning Council (SWFRPC). The first traffic monitoring
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649597 v_02 \ 123996. Packet Page -2572-
Collier County NOPC
Exhibit "3A"
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report shall be submitted one year after the date of the issuance of this DRI Development
Order. Reports must be submitted ~ienniallv thereafter until buildout of the
project. The aRfItIa! biennial. traffic monitoring report shall contain the following
information:
(i) A summary of construction and development activities to date, in the DRI
threshold categories of development.
(ii) PM peak hour trip generation estimates and turning movement counts at all site
accesses and the intersections noted in Paragraph B and a comparison of the
Project's measured trip generation to the Project's trip generation assumed in the
DRI analysis.
(Hi) A summary of the status of road improvements assumed to be committed in the
ADA, including the following.
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Roadwav Seament
Improvement
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Bonita Beach Rd from Imperial St to 1-75
Livingston Rd from Bonita Beach Rd to Immokalee Rd
Immokalee Rd from 1-75 to CR951
Immokalee Rd from US 41 to Airport Rd
Airport Rd from Vanderbilt Beach Rd to Pine Ridge Rd
US 41 from CR 887 to Immokalee Rd
US 41 from Immokalee Rd to Myrtle Rd
US 41 from lee County to CR 887
Widen to 6 lanes
Construct 2 lanes
Widen to 4 lanes
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes
FY01/02*
FY 00/01
FY 99/00
FY 2001
FY 2001
FY 99/00
FY 99/00
FY 2003
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(j)
*Note: This expansion timing may change due to the fact that Bonita Springs became a
city on January 1, 2000.
The above traffic monitoring report, in combination with the Annual Update and Inventory Report
(AUIR) referenced in Paragraph F above, represents the traffic monitoring requirements of the
Rente LivingetenTuscanv Reserve Development.
4. VEGETATION AND WilDLIFE
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A.
The Developer shall comply with the requirements for wetlands protection, mitigation,
maintenance, and monitoring set forth in the South Florida Water Management District
Environmental Resource Permit Basis of Review in order to obtain an Environmental
Resource Permit.
B. The Rento LivinGstonTuscanv Reserve DRI property may be suitable habitat for the
federally protected Eastern Indigo Snake (Drymarchon corais couperi). The Developer
shall follow the United States Fish and Wildiife Service's Standard Protection Measures
for the Eastern Indigo Snake and shall prepare an Eastern Indigo Snake Protection Plan.
Tne Plan must be approved by the Unwd States Fish and Wildlife Service and shall
inclucie: (1) Ei protection/education plan; (2) a listing of erp/lronmenta! personnel chaig;2d
with overseeing/coordinating protection measures, and (3) selection of a suitable
relocation site prior to the initiation of clearing or construction activities. Only an individual
who has been previously qualified under a United States Fish and Wildlife Service
Endangered Species Act, Section 10(8)(1 )(A) perm.it, or who has been appropriately
authorized by the Florida Fish and Wildlife Conservation Commission shall be permitted
to come into contact with or relocate an Eastern Indigo Snake.
C. A minimum of 44.96 acres of wetland and upland preserve/enhancement areas shall
remain under conservation easement post-development.
D. Native landscaping shall be used to the greatest practical extent. In addition, the ~
LivingstonTuscanv Reserve DRI shall meet the Collier County Land Development Code
criteria which requires that 75% of the required trees and 50% of the required shrubs to
be native plants.
E. Impacts to any gopher tortoise burrows shall be handled though the Florida Fish and
Wildlife Conservation Commission Take and/or Relocation Permit process.
F. All commitments made by the applicant within the ADA, and subsequent sufficiency
round information, related to Question 10 (General Project Description), Question 12
(Vegetation & Wildlife) and Question 13 (Wetlands), and not in conflict with the previous
recommendations, shall be incorporated into the Collier County Development Order as
conditions for approval.
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5. WASTEWATER MANAGEMENTNVATER SUPPLY
A. The Developer shall comply with the South Florida Water Management District's permit
requirements for all proposed uses of water for irrigation, construction, and dewatering
649597 v_02 \ 123996.0004
9/27/2011 Item 17.A.
Collier County NOPC
Exhibit "3An
activities associated with landscaping and the construction of lakes, roads, and building
foundations.
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B. The Project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or
metered water faucets. The devices and methods shall meet the criteria outlined in the
water conservation plan of the public water supply permit issued to the Collier County
Utilities Division by the South Florida Water Management District.
C. The Project shall obtain potable water, .wastewater treatment and, eventually non-potable
water, from the Collier County Utilities Division, if the Collier County Utilities Division
determines that it has sufficient capacity to serve the Project. If the Collier County Utilities
Division determines that it does not have sufficient capacity to serve the Project, the
Developer shall either construct interim potable water, wastewater treatment, and/or non-
potable water facilities, or shall postpone development until such time as the Collier
County Utilities Division capacity is available to the Project. Any interim facilities
constructed by the Developer shall be constructed to the Collier County Utilities Division
standards and shall be dismantled, at the Developer's expense, upon connection to the
Collier County Utilities Division facilities. Whether potable water, wastewater treatment
and/or non-potable water facilities are provided onsite or offsite, the Developer shall
demonstrate to Collier County that adequate capacity is available at the time of final plan
submittal.
D. The irrigation system for the Ranta Li'lingstenTuscanv Reserve DRI shall be constructed
in such manner as to enable the system to accept treated effluent at such time as a reuse
source is available to the Development.
E. At such time as the DRI prepares to convert from a lake/groundwater irrigation system to
one which uses treated effluent for irrigation, the Developer shall insure that any on site
lakes, preserved or created wetlands and the stormwater management system are
adequately buffered from possible effluent contamination consistent with SFWMD
regulations.
F.
Temporary septic systems may be utilized in conjunction with construction and sales
offices and model homes. Septic systems shall not be allowed onsite, other than for
construction and sales offices and model homes and permanent septic systems may be
used for restrooms and halfway houses on the golf course. All temporary septic systems
shall be properly abandoned and/or removed by a licensed septic tank system firm at the
time when permanent or interim wastewater treatment facilities come online.
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G. All construction plans, technical specifications, and proposed plats, as applicable, for the
proposed water distribution and wastewater collection systems, and any possible onsite
treatment facilities, shall be reviewed and approved by the Collier County Utilities Division
prior to the commencement of construction.
-S.!I potable vv'ater facilities, including any possrjie o~s[te potebie\iV8ter treatnlent pi3nt
shall be properiy sized to supaly ave:-age and Dsak d3)" domestic CS;rl2.ild. in acidi:ior: to
fire f:'JVV deiT1ancJ: at a rG:s (";:';piO'JCG ~)y
r\~C1lth ~'~at);es FiiS C~)ntr81 ane P.esc:Js
Dishct.
I. The lowest quality of water available and acceptable shail be utilized for all non-potable
water uses.
6. EDUCATION
A. The Developer shall be subject to all lawfully adopted school impact fees.
7. POLICE AND FIRE PROTECTION
A. Fire protection shall be provided according to existing standards or fire flow criteria
promulgated by Collier County or recommended guidelines developed by the National
Fire Protection Association.
B. Facilities qualifying under the Superfund Amendments Reauthorization Act (SARA) Title
III of 1986, and the Florida Hazardous Materials Emergency Response and Community
Right to Know Act of 1988, shall comply with all applicable hazardous materiais reporting
requirements under these Acts.
C. The future Development shall pay ad valorem taxes that adequately address the needs of
the Sheriff and Police Departments. Fire services shall be addressed by lawfully adopted
impact fees and assessments.
8.
SOLID/HAZARDOUS/MEDICAL WASTE
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A The Development is bound .by all applicable recycling requirements in effect in Collier
County.
649597v_02\123996 Packet Page -2574-
ColJier County NOPC
Exhibit N3AN
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B.
Any buildings where hazardous materials or wastes are to be used, displayed, handled,
generated or stored should be constructed with impervious floors, with adequate floor
drains leading to separate impervious holding facilities that are sufficient to contain and
safely facilitate cleanups of any spill, leakage or contaminated water.
C. Discharge of hazardous waste effluent Into the sewage system shall be prohibited unless
approved by a permit issued by the Florida Department of Environmental Protection.
D. The Developer Is willing to explore the possibility of mulching trees and brush for the
purpose of retaining mulch to meet the onsite needs.
E.
All hazardous waste materials shall be disposed of In the manner specified by local or
State regulations or by the manufacturer. Site personnel shall be instructed In these
practices and the Project Superintendent shall be responsible for seeing that these
practices are followed.
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F.
The Developer shall minimize the use of Irrigation, fertilizers and pesticides whenever
practical to reduce the need and use of hazardous chemicals at the site. The Developer
shall store and use fertilizers in accordance with the best management practices adopted
for the management of turfgrass and landscaping to minimize exposure to stormwater.
Storage of such chemicals shall be In tightly sealed containers when not In use in an
approved facility either onslte or offsite at the discretion of the site superintendent.
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9.
CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN
A. Prior to any Development Order being issued, Collier County shall determine if the
Project is consistent with the Growth Management Plan and whether the Project's
phasing is consistent with the County's Concurrency Management System.
10. GENERAL CONSIDERATIONS
A.
All commitments and impact mitigating actions provided by the Developer within the
Application for Development Approval (and supplementary documents) that are not in
conflict with specific conditions for project approval outlined above are officially adopted
as conditions for approval.
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B. The Developer shall submit af! aflfltIalbiennial report on the development of regional
impact to Collier County, the Southwest Florida Regionai Planning Council, the Florida
Department of Community Affairs and all affected permit agencies as required in
Subsection 380.06(18), Florida Statutes.
C. The development phasing schedule presented within the AWl, and as adjusted to date of
Development Order approval shall be Incorporated as a condition of approval. if
Deveiopment Order conditions and Developer commitments incorporated within the
Dev';:;lopment Order, f.:,DA or slifficiency round rS3Donses to mitigate region a! impacts 2:-(::'
not carried out 55 indicated to the extent or in accord with the tilii:ng schedules specified
within the Development Order and this phasing schedJie, then this shall be presl1rr:ed tD
be a substantial deviation for the affected regional issue. This paragraph is not intended
10 preclude the applicant from seeking a time extension in accordance with the
requirements of Section 380.06(19) Florida Statutes.
D. If the local government, during the course of monitoring the Development, can
demonstrate that substantial changes in the conditions underlying the approval of the
Development Order have occurred or that the Development Order was based on
substantially inaccurate infonnation provided by the Developer, resulting In additional
substantial regional impacts, then a substantial deviation shall be deemed to have
occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by
the local government in determining additional substantial regional impacts.
E. Pursuant to Chapter 380.06(16), Florida Statutes, the Developer may be subject to credit
for contributions, construction, expansion, or acquisition of public facilities, if the
Developer is also subject by local ordinances, impact fees or exactions to meet the same
needs. The local government and the Developer may enter into a capital contribution
front-ending agreement to reimburse the Developer for voluntary contributions in excess
of the fair share.
F. The local Development Order shall state the land uses approved in gross square feet,
acreages and parking (if applicable) consistent with the statewide guidelines and
standards in Chapter 380.0651, Florida Statutes.
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G. The Project must commence significant physical development within two years from the
date of approval.
649597 v_02 \ 123996.0004
9/27/2011 Item 17.A.
Collier County NOPC
Exhibit "3A"
H. The Project shall not be subject to down-zoning, unit density
reduction, or intensity reduction for a period of ten (10) years unless
the local govemment can establish that a substantial deviation has
occurred or there are substantial changes in conditions such that the
public health, safety and welfare requires such change.
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11 . PUD DOC'JMeNT
,II.. There is a PUg eeG\,lFReRt (OreiRaRGe Ne. 2900 (1) a~~1'9YeEll3y the 8esril
gf CeldRt}' CemmissieReFS en Janldary 25, 2090, ',,-,hiGh alse gel/oms tho
ReRte Livingsten Cemm\,lRity. Rents acknowleElges that the senElitieAs anEl
GaFRmitmonts sf tho PUD Bocument also severn the Devolol3FRent aREl \,lse at
the ~rel'lerty withiR tAe ReAte LiviAgsteR CeA'lA'lllnity, even thellElR the PUD
BOGUA'leRt (OrElinaRse ~le. 2000 (1) is specifioally net FRaeo a part of this
DoveloflA'leRt Oreer.
11. SUCCESSOR DEVELOPER
On Januarv 31. 2011. Tuscanv purchased the Ranta Livincston DRI oropertv. deed recorded at
OR Book 4648. Pace 828 et see - Official Records of Collier Countv. Florida. On Aoril . 2011 Tuscanv
filed a Notice of Prooosed Chance to the DRI aooroval. Tuscanv also filed for an amendment to the
Collier County Planned Unit Develooment ("PUD") document Ordinance Nos. 03-28 and 04-47 which
covems the develooment of the oropertv also known as "Tuscanv Reserve". Tuscanv acknowledees that
the conditions and commitments of Tuscanv Reserve PUD as it exists and as it may be amended also
covems the develooment and use of the orooertv. even thoueh the PUD document is expresslv not made
a Dart of this Develooment Order.
BE IT FURTHER RESOLVED by the Board of County Commissioner of Collier County, Florida,
that:
1. The Development Services Director shall be the local official responsible for assuring
compliance with the Development Order.
2. The oricinal oroiected buildout date of January 25. 2007 received automatic extensions to
Januarv 25.2012 bv ooeration of law in Section 6. Chapter 2007-204. Laws of Florida and Section 46.
Chaoter 2010-47. Laws of Florida. Notwithstandina anv other time oeriods listed in the oricinal
Deveiopment Order or Aoolication for Develooment Aooroval. the Proiect build out date shall be Januarv
24.2017. This Development Order shall terminate and the DRI shall exoire on January 24. 2022.remaifI
in offect for fIftoon (15) yoar(; from the date of adoption.
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3. The definitions contained in Chapter 380, Florida Statutes, shali control the interpretation
and construction of any terms of this Development Order.
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt from down-zonirg
or intensity or dersity reduction until Janu3rv 2.1, 2C22-'fG;'-:C ~8~ioj c; t8G ('r91-Years L-0;~ t';~ d:ctc :'
SGGf)t+E+;:', :f ~hl:: D::\:~!2;:~::;;: O:-2sr. subject to the condjti:ms and limi~ations of said S'Jbsection of the
Fior:da Statut2s.
5. The Developer, or ilS successo~(s) in titie to the subject property, shali SUbrclit a repot',
bienniallv~, 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. Thls report shaH contain the information required in the applicable
section of the Soction 9J 2.025(7), Florida Administrative Code. This report shall be prepared in
accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to
submit the annual report shall be governed by Subsection 380.06(18), Florida Statutes.
6. Subsequent requests for development permits shall not require further review pursuant to
Section 380.06, Florida Statutes, uniess it is found by the Board of County Commissioners of Coliier
County, after due notice and hearing, that one or more of the following conditions is present.
A. A substantial deviation from the terms or conditions of this Development Order, a
substantial deviation to the project development phasing schedule, a failure to carry out conditions,
commitments or mitigation measures to the extent or in accord with the timing scheduies specified herein
or in the phasing schedule in the />DA, or substantial deviation from the approved development plans
which create a reasonable likelihood of additional regional impacts or other types of regionai impacts
which were not previously reviewed by the Southwest Florida Regional Planning Council; or
B.
provided herein.
An expiration of the period of effectiveness of this Development Order as
C. If the local govemment, during the course of monitoring the Development, can
demonstrate that substantial changes in the conditions underlying the approval of the Development Order
have occurred or that the Development Order was based on substantially inaccurate information provided
by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be
deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by
the local govemment in determining additional substantial regional impacts. The Board of County
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649597 v_02 \ 123996 Packet Page -2576-
Collier County NOPC
Exhibit "3A"
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Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida
Statutes, pending issuance of an amended Development Order.
7. The approval granted by this Development Order is limited. Such approval shall not be
construed to obviate the duty of the Developer to comply with all other applicable local, state or federal
permitting procedures.
8. 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.
9. Appropriate conditions and commitments contained herein may be assigned to or
assumed by the Rento LivingstonTuscanv Reserve Master Association.
E
(])
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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
~he remaining portions of this Order which shall remain in full force and effect.
11. This Order shall be binding upon the County and the Developer, their assignees or
successors in interest.
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12. This Development Order shall become effective as provided by law.
13. The Clerk to the Board of County Commissioners shall provide certified copies of this
Order to the Department of Community Affairs and the Southwest Florida Regional Planning Council as
provided in Subsection 380.06(25){g), Fiorida Statutes.
CaFRR'1issienor Mac'Kie offores the faregaing R9saltltieA aAd Fl'IEI\'eEl its asoption, seeondeEl ey
Commissianor Carter aAs <I~an rell call the vElte '::os:
IWe:S: Cemmissionor Mac'Kie, CemmissiaAer Carter, COFl1missiener Norris, Commissioner
Barri, ChairmoA CenstaAtiA8
N^YS: ~Jono
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,^.BSeNT NlD NOT VOTING: Nonc
DONE AND ORDERED this 25th day of January, 2000.
2011.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
O\.VIC;HT t::. 5ROCt\. C_ERt(
By:
=r--lw~,NY-J7.CO-r'fu:f--f~-j-,JE;::REO VJ C()vL.::
Crair:Tic1n
APPROVE:D AS TO FORM AND
LEGAL SUFFICiEI\jCY:
MARJORIE M. STUDENT JEFFREY A. KLATZKOW
.^'sSISTNJT COUNTY ATTORNEY
~
649597 v_02 \ 123996.0004
_ 9/27/2011 Item 17.A.
A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
banderson@ralaw.com
WWW.ralaw.com
~
ImtDrAIIlSYAND RES S II
Amy Taylor
Facilities Management Department
Collier County School District
5775 Osceola Trail
Naples, FL 34109-0919
Kay Deselem
Principal Planner, Department of Engineering, Environment,
Comprehensive Planning and Zoning Services
Community Development
2800 N. Horseshoe Drive
Naples, Florida 34104
DOA-PL2011-354 REV:l
RONTO LIVINGSTON
DRI A/K/ A TUSCANY RESERVE
DATE: 4/19/11
DUE: 5/10/11
April 15, 2011
VIA U.S. MAIL & E-MAIL
Re: . School Impact Analysis Exemption Letter Request
Dear Ms. Taylor and Ms. Deselem:
This letter and the enclosed application are on behalf of KE Tuscany. Reserve
Properties, LLC ("Developer"). The Ranta Livingston Development of Regional Impact ("DRI")
a/kJa Tuscany Reserve PUD was originally approved in 2000. An amendment will be filed soon
to extend the buildout date to January 24, 2017. ~
The attached application form for the School Impact Analysis reflects that there is a
School Capacity Review conducted at land use/rezone stage and later a Concurrency
Determination is made at the time of review and approval of site plans and subdivisions. The
Ranta Livingston DRI is exempt from both types of School impact Analysis and this
correspondence is to request issuance of an Exemption Letter.
The County Growth Management Plan, Public Schools Facilities Element Policy 2.2(F)
exempts from school concurrency review "Development that has been authorized as a
Development of Regiona! Impact pursuant to Chapter 380, F.S.. as of July 1, 2005." Further,
Policy 2.3(A) provides that such a DRI is exempt from a School Impact Analysis ("SIA").
Specifically it states "The County, through its land development regulations and in conjunction
with the School District shall establish a school concurrency review process for all residential
development projects that are not exempt under Policy 2.2 of this Element. The following are
the minimum review process requirements for all non-exempt residential development:
A. Submittal of a Residential Development Application including a School Impact
Analysis (SIA) to the County for sufficiency review."
Pursuant to the foregoing provisions of the Public School Facilities Element of the
County's Growth Management Plan we respectfully request issuance of an exemption letter for
the Ronto Livingston DRI from the School Impact Analysis which includes both a school
capacity review and a concurrency determination.
.-..
NEW YORK CLEVELAND
WASHINGTON, D.C. TALLAHASSEE
650487 v_01 \ 123996.0005
TOLEDO
ORlANDO
AKRON
FORT MYERS
COLUMBUS
NAPLES
CINCINNA 11
FORT LAUDERDALE
PacketPage-2578-
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Amy Taylor & Kay Deselem
April 15, 2011
Page 2
Thank you for your attention to this matter. Should you have any questions, please do
not hesitate to contact me.
Sincerely,
15 ~<Z.-R
R. Bruce Anderson
RBA/ca
cc: T. Holihen
E. Rogan
W.Amold
650487 v _ 01 \ 123996.0005
9/27/2011 Item 17.A.
.~~trict SchoOl
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Collier CO\l~
Collier County School District
School Impact Analysis Application
,,-......
Instructions: Submit one copy of completed application and locatidn map for each new
residential project requiring a determination of school impact to the Planning Department of
the applicable local government This application will not be deemed complete until all
applicable submittal requirements have been submitted. Please be advised that additional
documentation/information may be requested during the review process.
For information regarding this application process, please contact the Students, Staff
Projections, Allocations and Reporting Department at 239-377-0254.
Please check [-J] type of application request (one only):
[ ] School Capacity Review txJ Exemption Letter
[ I Concurrency Detennination [ I Concurrency Determination Amendment
I.*",1
For descriptions of the types of review please see page 3,
I. Project Information:
Project Name: Ranto Livingston DRI Municipaiity: NI A
a/k/a Tuscany Reserve PUD
ParcellD#: (attach separate sheet for multiple parceis): see attached
Location/Address of subject property: 16990 Livingston Road
(Attach iocation map}
Closest Major Intersection: Livingston & Immokalee Road
OWner/Contract Purchaser Name(s):
II. Ownership/Aaent Information:
John Gleeson7 Wresident; KE. TUscany_~serve Properties7 LLC
.-..
Agent'Contact Person: R..8 ruce Anderson
(Please note that if agent or contact information is completed the District wiil forward ali information to that person)
iftalilng address:
850 Park Shore Drive, Naples 8~ 34103
~ eiepnJneF~
(239) 649-6200
:: _~. ( 2 3 9 ) 261- 3659
! -..:;;.....
Ern ail .b aI1_derson@ralav.,7. com
I hereby certify the statements andlor information contained in this application with any attachments submittE'd
herewith are true and correct to the best of my knowledge.
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Owner or Authorized Agent Signature
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Date
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Date!time stamp:
Packet Page -2580-
A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 3.4103
239.649.2700 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
www.ralaw.com@ralaw.com
~.
IIIIIPAII<0ANDRESS II
April 15, 2011
<i VIA: U. S. Mail
r--.: Jeffrey Klatzkow,
T"" :::ollier County Attorney
E 3110 E. Tamiami Trail
2111apies, FL 34112
Southwest Florida Regional Planning Council
Attn: Liz Donley, General Counsel ..
1926 Victoria Blvd.
Fort Myers, FL 33901
4 Ray Bellows, Zoning Manager
Department of Land Development Services
1800 N. Horseshoe Drive
Naples, FL 34104
T""
o State of Florida
N Department of Community Affairs
t::: Bureau of Local Planning
~ 2555 Shumard Oak Blvd.
(j) fallahassee, FL 32399-2100
From: R. Bruce Anderson K~
R.e: Ronto Livingston DRI - Memorandum of Notice of Extension of a Previously Approved
Development of Regional Impact (DR/) for Collier County the Ronto Livingston Development of
Regional Impact
,
iI
I! Enclosures/Remarks:
II Please find enclosed for your agency's records a copy of the Memorandum document referenced above reco,ded
today which recognizes that The Ronta Livingston buildout date has been extended pursuant to Section
380006(19)(c) Florida Statutes.
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. 4549665 OR: 4672 Pgs:
1252-1255 Memorandum of Notice of Extension.
Cc: Dan Trescott
651128.123996.0001
--
CLEVELAND
TOLEDO
AKRON
COLUMBUS
CINCINNATI WASHINGTON, D.C.
T Al.LAHASSEE
FORT MYERS NAPLES
www.ralaw.com
INSTR 4549665 OR 4672 PG 1252 RECORDED 4/15/201111:26 AM PAGES 4 RE-RECORD 9/27/2011 Item 17.A.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 535.50 .
,,-..,
Prepared without opinion oftitle
by and after recording return to:
R. Bruce Anderson
Roetze1 & Andress, LP A
850 Park Shore Drive
Naples, Florida 34103
(239) 649-6200
INSTR 4549578 OR 4672 PG 1060
RECORDED 4/151201110:14 AM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC S27.00
(Space above this line for recording dam)
MEMORANDUM OF NOTICE OF EXTENSION OF A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI).
SECTION 380.06(l9)(c), FLORIDA STATUTES
FOR THE COLLIER COUNTY RONTO LIVINGSTON
DEVELOPMENT OF REGIONAL IMPACT
Legal Description:
Parcel A: North one-half of the Northeast one...quarter of Section 12, Township 48 South, Range 25 East,
Collier County, Florida, less: the portion conveyed to Collier County; a political subdivision of the State of
Horida, by Wammty Deed recorded June 22, 2002, in the Official Records of Collier County, Florida at OR Book 2689,
Page 3368.
Together with:
r"
Parcel B: All of Section 7, Tovmship 48 South, Range 26 East, Collier County, F1anda, lying West of the
h1terstate Highway 75, right-of-way.
P lJ.~CEL A and PA...."R..CEL B: TOGET.tIER BEING MORE P P"p"TICT.JL""pl '{ DESCRIBED lIS:
A parcel ofland lying in Section 7, Township 48 South, Ra~ge 26 East, <L'1d in Section 12, TO\'in.ship 48
South, Range 25 East, in Collier County Florida, and being more particularly des...'l1bed as follows:
BEGINNING at Northwest Comer of Section 7, Township 48 South, Range 26 East nm thence along the
North bOlmdary of the Northwest one-quarter (1/4) of said Section 7, S.89052'09"E. 2420.80 feet to a point on
the Westerly right-of-way line of Interstate Highway 75 (324' Right of way); thence along said Westerly
right-of-way line forthe following three (3) courses 1) S.19050'43"E. 2329.79 feet to a point of ctn'Vature; 2)
Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 feet and a central
angle ofl9~'46" (chord bearing S.09046'20"E., 1883.77 feet); 3) S.ooo01 '57"E. 1243.42 feet to a point on the
Sou1h boundary of the Southeast one-quarter (1/4) of said Section 7; thence along said South boundary
N.B9010'15"W., 844.32 feet; thence along the South boundary of the Southwest one-quarter (1/4) of said
Section 7, N.890lO'25"W., 2627.43 feet to the Southwest comer of said Section 7; thence along the West
boundary of the Southwest one-quarter (114) of said Section 7, N.ooo32'28"W., 2623.13 feet; thence along the
West boundary of the Northwest one-quarter (114) of said Section 7, N.ooo30023"W., 1314.18 feet; thence
along the Southerly boundary of the North one-half (112), of the Northeast one-quarter (1/4), of said Section
12, Township 48 South, Range 25 East, S.89"21'50"W., 2599.53 feet to a point on the Easter1yright-of. way
line. of Livingston Road; thence along said Easterly right-of-way line N.00"24'4T'W., 1316.68
feet to a point on the ~orth boundary of the North one-half(112) of the Northeast one-quarter (114) of said
Section 12; thence along said North boundaIy, N.89D25'08''E., 259737 feet to the POINT OFBEGINNWG.
"-..,,
Page 1 oD
PacketPage-2582-
OR 4672 PG 1253
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Containing 46129 acres, more or less.
Subsection 380.06(l9)(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. Section
380.06(l9)(c) was also subsequently amended by Section 46 of Chapter 2010-147, Laws of
Florida which extends for two more years any local government development order set to expire
between September 1,2008 through January 1, 2012 if the pennit holder gives written notice to
the local government of its intent to utilize the extension.
<<
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AFFIDAVIT
STATE OF FLORIDA
)
) ss:
)
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, on this I S"f:b day of April, 2011, personally
appeared, R. Bruce Anderson, attorney, who is to me well Imown, and having been sworn upon
oath, deposes and states, I am an authorized representative of KE TUSCANY RESERVE,
---- PROPERTIES, LLC and hereby give notice of the recognition and approval of extensions of the
buildout date of Ronto Livingston Development of Regional Impact in accordance with
Subsection 380.06(l9)(c), Florida Statutes.
Attached hereto and incorporated by reference herein as Exhibit "A" is a copy of the executed
letter from Collier County recognizing and approving:
Extension of the buildout date of the Ranto Livingston DFl
Devdopment Order No. 20aO-OI/Resolution No. 2000-26 from
January 25,2007 to January 25,2012; and
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES TO FOLLOW]
,-,
Page 2 oD
OR 4672 PG 1254
9/27/2011 Item 17.A.
,-.......
FURTHER. 4 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 Planning.
DATED this 15' .t:.-J",.. day of Afl t-~ l ,2011.
R\>:;~~__
R. Bruce Anderson
STATE OF FLORIDA )
) ss:
COUNTY OF COLLIER )
The foregoing instrument was aclmowledged before me, this /ffiay of<1fR; Iv ,2011 by R.
Bruce Anderson, who is (x:) personally lmown to me or ( ) has produced as
evidence of identification.
NOTARY RUBBER STAMP SEAL
Ol? <,r 'T
"~:;;'''''''' CAROL J. AllAN
l:f':'"b.~), MY COMM\SSION' DO 794768
'V:&,,~ EXFlRES: Aug'Jst 24, 2012
~:{p.f.:~~~~: 800d&:i rr:u N0'3."] PltLc UrdIi"l'In\e~
NO~ rr ~ 0-/
C/J 120 L ,::r: /!).j? ~ .J
Printed Name
79'-f76'i! ~/c2Y//d.
r"' _.,~ - -- - , D
'_ormmSSlOI: 1"0. l::xplrdlO:1 ale
,-.......
C5n~>4 ,,_01 \ 123996.0001
,.-..
Page 3 on
Packet Page -2584-
*** OR 4672 PG 1255 ***
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Collier Count"
..
Growth Management Division - Planning & Regulation
Department of Land Development Services
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December 29, 2010
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Mr. Richard D. Y ovanovich
4001 Tamiami Trail North
Naples, Florida 34103
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RE: COnflJ"lllatioD of Senate BiD 1751 ExtensioD Request for tlle Ranta LiviDgstDD Development
of Regional impact (DRI) - EX-2010-AR-14658
Dear Mr. Y ovanovich:
~
In your application that was deemed sufficient for review on December 9.2010, you request an extension
of Ranta Livingston DR! pursuant to the provisions of Florida State Senate Bill 1752. Florida State
Senate Bill 1752, as passed during the 2010 legislative session and signed by the Governor on May 28,
2010, extends the expiration date oflocal government-issued development orders or building permits that
have an expiration date of September 1. 2008 through January 1,2012 for up to two years.
Our records indicate that Ronta Livingston DR! was approved on January 25, 2000 with the adoption of
Resolution Number. 2000-26 that included a build-out date in 2007. tn addition, Section 380.06(19Xc),
F.S. automatically extended the build-out date from Janwuy 25,2007 to January 25, 2010. Consistent
with this information and Senate Bill J752 (2010) that can allow an addrtional24 months to commence
dt-'velopment, this DR! would not sunset until13nuary 25,2012.
Should you require fiJ:'tJl~ infomtat1on plese do not heslta:~ to C-:il11TIe at (239) 252-2484.
C;:;ncere1v
_u '.I~ A
~cr: /~
Raymond V. Bellows, Zoning Section Manager
Department of Land Development SeIVices
~
. cc: Jack McKenna, P.E., County Engineer
,\\{;i,\,i~'~IU.wi~j:un D. LorenzJr., PE, Engineering & Environmental SeIVices Director
.t.) _ _ :. - -.." I. J
.~;..;..\,,'C ,,:-:, -Laune',~card, PUDIDRI Monitoring
~:.. . '''''~''~.r.:o_' <.1...,1 fit
~.. ,."",. e.vrre~o~ence e
~.. . . .D~',i:!;;Lu,}:i:~l~~'i~%. "
St~~otF.t0RUJ.Atl' !{-.-~;,:".,..;;.,:" ~."
C~;~~~!!:~~T~~iZ;i::~_~:;:':~'~ ~
I fiE , .' '''ERTI~THAt~thi~f;ts~:kE:lfLe and
corr.~~:> PY.br.,'a'.)_dO~~~.f!J...:r~. -~cr. 'Z'.'in the
OF~~13;=ggRDSJ"AftJ,~lIiet .. County.
WiT.,." ,~f{l~~andi.6f1iciaJ-- s~ltpis date,
Aprih1'5;2011. -,,,,, '-" ,:- ...,7-<!'~'
OW -,'. B~OCK.C~E . :to'tlFns
By:
D.C.
9/27/2011 Item 17.A.
"Collier County NOpe
Exhibit 4 - Page 1 of 2
.-..
Tuscany Reserve DRII PUD
List Identifying Officers of Owner/Applicant and Persons Having
Greater than 1% Ownership Interest in Owner/Applicant LLC
Property Owner/Applicant:
KE Tuscany Reserve Properties, LLC
4500 PGA Blvd, Suite 400
Palm Beach Gardens, FL 33418
Officers of Owner/Applicant:
CEO - Sydney Kitson
President - John Gleeson
Executive Vice-President - Thomas Hoban
Executive Vice-President - Michael Rippey
Vice-President - Charles DeSanti
Secretary and Treasurer - George Speer
Assistant Secretary - Erica Rogan
Members of Owner/Applicant:
~
1. KE Tuscany Reserve Holdings, LLC
4500 PGA Blvd, Suite 400
Palm Beach Gardens, FL 33418
Members of KE Tuscanv Reserve Holdinas, LLC
i. ~(itson - Evergreen, LLC
4500 PGA Blvd., Suite 400
Palm Beach Gardens, FL 33418
Members of Kitson - Everqreen. LLC
1. Kitson Investment Partners
4500 PGA Blvd., Suite 400
Palm Beach Gardens, FL 33418
2. Evergreen Florida Development, LLC
150 South Wacker Drive, 31st Floor
Chicago, IL 60606
(continued)
~
packetPage-2586-
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Members of Kitson Investment Partners:
1. Syd ney Kitson
4500 PGA Blvd., Suite 400
Palm Beach Gardens, FL 33418
2. Thomas Hoban
4500 PGA Blvd., Suite 400
~ Palm Beach Gardens, FL 33418
I"-
~
E 3. Charles DeSanti
<V 4500 PGA Blvd., Suite 400
......
~ Palm Beach Gardens, FL 33418
~
0 4. Richard Brockway
N
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I"- 4500 PGA Blvd., Suite 400
~ Palm Beach Gardens, FL 33418
0')
IlCollier County Nope
Exhibit 411 Page 2 of 2
Members of EverQreen Florida Development, LLC
--,
1. Evergreen Real Estate Partners, LLC
150 South Wacker Drive, 31st Floor
Chicago, IL 60606
Members of Everqreen Real Estate Partners. LLC
1, Washington State investment Board*
2100 Evergreen Park Drive SW
Oiympia, Washington 98502
(*\^JSIB is a state pension plan beneficially owned by its plan participants.)
~
2
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.collierQov.net
~
. .;'
DEVELOPMENT Of REGIONAL IM~ACT
PRE":APPUCA TION MEETING NOTES
. . 0 Application for: Development Approval (DRI)
,E;]. NotiCe of Proposed Change (NOPC) (DRI Amendmenf DOA) .
o Other 0&1 De~elopment Order Amendment (DOA) .
.
PL# ~O (/ - 0.354-
Date: ..3/2-3/1 t Time: '/0 :30 Firm: G G1Z.AD"r' f'JI,If\JnR- WAYf..JEARJ.J.Dt..[)
PROJECT NAME: ~Of.JTO L tlPtrNG-67bA.J
Applicant Name:
Owner Name:
Owner Address:
-
Phone: qr-P7 - ( I tf'f'
Phone:
City:
State:
ZIP:
If an amendment, State Development Order Number:
DRI name DO. ;;'000 -0 ( Local Resolution Number: Res ,;;>..000 -,;):.6
Assigned Planner ~ ~~
Meeting Attendees: (attach Sign In Sheet)
~
_c: ykJ 8M! I~ O~r
Meeting Notes
Ii
II
I
.01
\:)cu') \(Q5CO*..lJJ~ ~~~ t>i?I }).o.. c{\>CUrY\OlJtJ nJ ON... ~oacr<Z-
t l S (eo \J I re-fY\ ~ ~ 10 lu ~ -f'wd/r1.s>d
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~~{",,)Q~\\.lG'. PR(\.\'C:"C'T ~A.VV\~ ~F\\'\G\t\~ 5E.1:: lAGi -:r-Ac;.c
~
SCHOOL CONCURRENCY - If the proposed project includes a residential componen~ you are required to contact the
School District of Collier County - Students, Staff Projections, Allocations and Reporting Department at 239-377-0254 to
-1-
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G:\CDES Planning Services\Current\Pre-Application Forms 201 O\Pre-app Forms - May201 O\DRI - DOA
Development Regional Impact Pre-application Jan2011.doc
Packet Page -2588-
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iiscuss sohool concurrenc requirements.
. DEVELOPMENT OF REGIONAL .IMP ACT - DRI, DOA
SUSMtTT At .CHECKLlST
(Reier to a,ppli~tion lor additional requirements)
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER
SHEETS ATTACHED TO EACH SECTION, NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#Of NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
.. . .. .-
Additional set if located in the Bayshore/Gateway Triangle 'f.-
Redevelopment Area/within Y'2 mile to City of Naples 1
Completed Collier County Public Hearing Application ~ Dj2.A rr -n. 0 , [!;] X
~ Pre-application meeting notes ~ y..
Site plan 24" x 36" and One 8 Yz" x 11" copy, and one jpg copy (from DRI ~ X
,...... Development Order)
~ [?J X
E Completed State NOPC Form with all attachments (if amendment)
(1) Completed State ADA Form with 011 attachments (if oriC/inal DRIl D )(
-
~ Completed State Abandonment Form with 011 attachments (if abandonment) 0 X.
~
0 legal Description 3 )(
C\I
- List identifying Owner & all parties of corporation 2 ><
,......
~ Owner/Agent Affidavit signed & sealed 2 )(
0') 2 X
Completed Addressing checklist
Copies of Notices sent to DCA and RPC 2 Y
Environmental Impact Statement (EIS) 3 X
Electronic copy of EIS or exemption justification 2 )(
",- '\urvey signed & sealed ~/- . .. 4 )(
fraffic Impad Statement (TIS) or waiver .~U~~~~~~. S X,
Copy of Traffic Impact Statement (TIS) on CDROM 3 $; X
Aerial photographs (taken within the previous 12 months min. scaled 5 X
1 "=200'), showing FLUCCS Codes, Legend, and project boundary
, .-:s ""h... I '>(' I
Electronic copy of all documents in Word format (CD-ROM or Diskette) I
I Scho:>1 Imf->act Analysis Application - residential proiects only tJr.leSS' """"IV-Ct( 2 I )-( i
I i
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Proiect t~arratjve
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rttft Copy of submittal package must be forwarded to Robin Singer, Planning Director, City of Naples
o Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement
number. Route package to The Conservancy, Attn: Nichole Ryan
Agreement # 0 Deltona 0 lely Barefoot Beach 0 Port of the Islands Interlocal
Submit- Cb?I'<2.S:, of cd\. 0'?bs,'elY\ ~p,"oval
NOTES FOR INTAKE/ROUTING: PROVIDE COPIES TO THE FOLLOWING STAFF MEMBERS:
.-..,
9/27/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISIONI
PLANNING AND REGULATION
2800 NORTH HORSESHOE ORNE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-G358
WWW.collierQov.net
~
FEES: Application Fee: ~
~,l" $10,000 DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fraction thereof). NO ~
~ "fPr$2,250.00 Comprehensive Plan Consistency Review (applies to DRI only)
~ $6,000 DRI/DOA Amendment Development Order plus $25.00 acre (or fraction thereof) the acreage charge does not
apply for amendments which only change the build-out date of the DO for a time period of less than five years
- - -
~
~
~
.1 ~
"'{AD
D
Fire Code Review DRI = $200.00, DRI Amendment = $120.00
($500.00) Pre-application credit (Applications submitted 9 months or more after the date of the last pre-app meeting
shall not be credited towards application fees and a new pre-application meeting will be required.
$925.00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples News).
$500.00 legal Advertising Fee for BCC meeting
$2,500.00 Environmental Impact Statement review fee
Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 Certified return receipt mail
( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
Transportation Fees, if required: (submit separate check for Transportation Fees) ~
D $500.00 Methodology Review Fee, if required j D G ~ l.t;. Q\ \" \ H ~
D $750.00 Minor Study Review Fee, if required .A $ 11 '\::/-
D $1,500.00 Maior Study Review Fee, if reqUired. t\t~et-OGy ;1U-r / ,..J6, ::r...f=" \.}e:L)>.r"
I =/p
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G:\CDES Planning Services\Current\Pre-Application Forms 2010\Pre-app Fonns - May2010\DRI- DOA
Development Regional Impact Pre-application Jan2011.doc
Packet Page -2590-
~
NOTES
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9/27/2011 Item 17.A.
DeselemKay
.-..
From:
Sent:
To:
Subject:
GMDPortal
Wednesday, February 23, 2011 9:43 AM
BrethauerPaula
Meeting Request Received
Paula Brethauer
A Portal request has been received for a Meeting. The Hearing Reference Number is:
HH2e110e00140 To view the full details navigate to the hearings sheet under this reference
number to view the details of the request.
-~-----------.....".",.~----------,..,--~-------------------------------
Folowing is the information privided by the portal user:
Reference Number: HH20110000140
Project Type: Planned. Unit Development Amendment
Project Description: Proposed NOPC to update ownership and extend build out dates. Proposed
PUD amendment to define development standard for residential uses.
Existing Application Name:
Meeting Type: Pre-Application Meeting
~
Preferred Date: March 9~ 2011 1:30 p.m.
Unavailable Dates:
Location: 16854 LIVINGSTON RD
Full Name: Sharon Umpenhour
Email: sumDenhour~gradvminor.com
Company Name: Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs~ FL 34134
Representing: KE Tuscany Reserve Properties LLC
Contact Number: Primary: 239-947-1144
---~--~--~---------~-----~----~--------------------------------------
Please follow up with the applicant to schedule the meeing date and time.
,.-..
Under Florida Law~ e~mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
packetPage-2592-
~nd Meeting to directly follow:- Proposed PUD amendment to define development standard for
~esidential uses.
Under Florida Law, e-man addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic maD to this entity. Instead, contact this office by telephone or in writing.
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2800 NORTH HORSESHOE ORIVC
NAPLES, FL.ORlDA 34104
(239) 252-2400 FAX (239) 2Sa-5724
WWW.COLLIERGOV.N~
I
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6,lIT Ccmnty
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COLLIER COUNTY GOVERNMeNT
GROWTH MANAGEMENT DIVISION'
PLANNING AND REGULATION
Please complete the followil"'lg end fax to the Operations Department at 239-252-5724 or submit in pel"$Ol'1 to the
AddressIng Department at the above address. form must be sianed b\! Addressfno oersonnel Drior to pre-
aopllcation meetino, 21ea58 allow 3 days for RrocesslnQ.
Not all items will apply to every projeol Items in bold type are requii$d. FOLIO NUMBERS MUST BE
PROvrD~. Forms olcler than 6 months will require additional review and approval by the Addressing
Department.
-
PETITION TYPE (indicate type be-fow, complete s separate Addressing Cheoklist far each P9tition type)
II'
_J
~
o BL (Blasting Permit)
o BD (Boat Dock. Extension)
o CarnivalJClrcus Permit
o Cu (Conditional Use)
o EXP (Excavation Permit)
o FP (Final Plat
DLLA (Lot Line Adjystrrienl)
o PNC (Project Name Change)
o PPL (Plans & Plat Review)
o PSP (Preliminary Subdivision Plat)
o FWD Rezone
o RZ (Standard Rezone)
-0-:'
o SOP (Site Development Plsn)
o SDFA (SDP Amendment)
o SOPI (Insubstantial change to SOP)
o SIP (Site Improvement Plan) .
o SIPl (Insubstantial Change to SIP)
o SNR (Street Name Change)
o SNC (Street Name Change - Unplatted)
o TDR \Transfer afDevelopment Right6)
o VA (Variance)
o \,fRp (V~getation RemoV2l1 Permit)
o VRSFP (Vegetation Removal & Site Fill Permit)
!8l OTHER NOpe and F'UD Amendment
LEGAL OESCRIPTION of SUbject property or properties (c.opy of lengthy de-scription may be i;ittached)
TUSC.A.NYRESERVEDRI/PUD ltlL- y..~--L6
fOUO (Property ID) NUMBER(s) of cbcJV";; (o:ittec.,'! te, or sssccl.dr:i with, r"gai d~$~rrption if mar;; than OM)
78534001329
STREET ACJDRESS 0: J\DDRES.SES
-j 6980 LlVINGSTOr'~ ROAD
~F- ~,........ r"1.,.....,
IJ ~l"',,-"":;'r'J'
. LOCATION MAP must be attache<! snO'\;ving exact ]oca;ion or projec-Jsitf: in relation to ne.arest public iO$d 11-g1ot-
of-way
ft SURVEY (copy - needed only for unplatted properties)
PROPOSED PROJECT NAME (if appiicabfe)
PROPOSED STREET NAMES (if applicable)
SITe DeVE;LOPMENT PLAN NUMBER (tor existing projects/sites only)
SOP - orAR#
-- -
DOA-PL2011-354 REV:l
RONTO LIVINGSTON
DRI A/K/ A TUSCANY RESERVE
DATE: 4/19/11
DUE: 5/10/11
~":(",j{""Vl.L W!:<U LL:~O I.AX ~.;'j.':14/Ujl~
~1002/01.D
~~
9/27/2011 Item 17.A.
COLLIER COUN1Y GOVERNMENT
GROWTH MANAGEMENT DlVISIONl
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRive
NAPLES, FLORIDA 34104
(239) 25N~400 FAX (23&) 252-5724
WWW.COLLlERGOV.NET
~
Project or development nOlmes proposed for, or already appearing in, condominium documents (if appHcation:
indicate whether proposed or existing)
TUSCANY RESERVE DRII PUD
Please Check One: ~ Checklist is t-o be Faxed back
o Per'$ollally Picked Up
APPLICANT NAME; SHARON UMPENHOUR
PHONE 239.947.1144
FAX. 239.947.0375
Signature on Addressing Checklist does not constitute Project and/or Street Name approval
and is subject to further review by the Operations Department
'""
FOR $1 AFF USE ONLY
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fF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
~
Packet Page -2596-
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Packetpage-2598-
A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
banderson@ralaw.com
wwwIalaW.com
..-..
IIIIifAII&)ANDRESS II
April 15, 2011
State of Florida, Department of Community Affairs
Division of Community Planning
<(. Bureau of Local Planning
I'- 2555 Shumard Oak Blvd.
T"" Tallahassee, FL 32399-7018
U.S. Mail
DOA-Pl2011-354 REV:l
RONTO LIVINGSTON
DR' A/K/A TUSCANY RESERVE
DATE: 4/19/11
DUE: 5/10/11
E
Q)
.....
Re:
Notice of Proposed Change to Ronto Livingston DRI a/kla Tuscany Reserve
T""
T"" To Whom It May Concern:
o
~
I'- Please find enclosed the Notice of Proposed Change application for the above-referenced DR!. .
~
Q') The change proposed is to extend the buildout date from January 25, 2012 to January 24, :2017.
Since this buildout date extension is for less than five (5) years, per Section 380.06(19)(c)(2), Florida
Statutes, this extension is deelT)ed not to be a substantial deviation. As provided in Section 380.06(19)(c)
F .S. any extension of a build out date automatically extends the termination date of the development order
and the expiration date of the DRI by like time period. The proposed text change would incorporate these
~automatic statutory extensions, as well as the extension that is the subject of this NOPC.
A housekeeping change is also proposed to delete the reference to a previously repealed PUD
Ordinance, to change the name of the DRI to Tuscany Reserve to be consistent with the existing PUD, and .
to list the name of the successor developer as KE Tuscany Reserve Properties, LLC, a Delaware limited
liability company. We have also proposed to change the DO text to require biennial rather than annual
monitoring reports.
Also, enclosed is a copy of the recorded rvlemorandum of Extension for the prior St2tutOry extension
of 3 years and 2 years.
Please feel free to contact me if you have any questions.
Thank you.
Sincerely,
"R "'" /\,
~.....~ !.-~ ,j'l, ,.
~ . ~ D i~~-.4'<.~l.,.,-....
R. Bruce Anderson
For the Firm
~
RBAlca
Ene. as stated
cc: D. Trescott, Regional Planning Council (Via E-mail with/Ene.)
Collier County Growth Management Division
T. Holihen (Via E-mail w/Enc.)
E. Rogan (Via E-mail w/Enc.)
W. Arnold (Via E-mail w/Enc.)
South Florida Water Management District (w/CD-Rom)
651232 v_01 \ 123996.0001
NEW YORK
WASHINGTON, D.C.
ClEVELAND
TAlLAHASSEE
TOLEDO
ORlANDO
AKRON
FORT MYERS
COLUMBUS
NAPLES .
CINCINNATI
FORT LAUDERDALE
9/27/2011 Item 17.A.
A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
banderson@ra1aw.com
wwwIalaw.com
..-..
IIIIIPAIl<0ANDRESS II
April 15, 2011
Daniel Trescott, Planning Manager
Southwest Florida Regional Planning Council
1926 Victoria Avenue
Fort Myers, FL 33901
U.S. Mail and E-mail
Re: Notice of Proposed Change to Ronto Livingston DRI a/kJa Tuscany Reserve
Dear Dan:
At the Collier County pre-application meeting for this project we delivered to you an original
executed Southwest Florida Regional Planning Council Receipt and Review Fee Agreement for the
Ronto Livingston DRI a Notice of Proposed Change ("NOPC") and check for the $2500.00 fee. Enclosed
is a recorded Memorandum of Extension for the prior statutory 3 and 2 year DRI extensions, a completed
NOPC application and CD-Rom of same.
The change proposed is to extend the buildout date from January 25,2012 to January 24,2017.
Since this buildout date extension is for less than five (5) years, per Section 380.06(19)(c)(2), Florida
Statutes, this extension is deemed not to be a substantial deviation. As provided . in Section
380.06(19)(c) F.S. any extension of a buildout date automatically extends the termination date of the
development order and the expiration date of the DRI by like time period. The proposed text change
would incorporate these automatic statutory extensions, as well as the extension that is the subject of
this NOPC.
..-...
A housekeeping change is also proposed to delete the reference to a previously repealed PUD
Ordinance, to change the name of the DRl to Tuscany Reserve to be consistent with the existing PUD,
and to list the name of the successor developer as KE Tuscany Reserve Properties, LLC, a Delaware
limited liability company. We have also proposed to change the DO text to require biennial rather than
annual monitoring reports.
Per our discussion at the pre-application meeting a transportation re-analysis is not required for
this simple extension. Please let me know if you have any questions.
Thank you.
Sincerely,
~
D' ."'I-(.'~
. ,
R. Bruce Anderson
For the Firm
RBAlca
Enc. as stated
cc: Collier County Growth Management Division
T. Holihen (Via E-mail w/Enc.)
E. Rogan (Via E-mail w/Enc.)
W. Arnold (Via E.,mail w/Enc.)
South Florida Water Management District (w/CD-Rom)
645395 v_02 \ 123996.0001
NEW YORK
WASHINGTON, D.C.
..-...
CLEvEl...AND
T AUAHASSEE
TOLEDO AKRON
ORl .. - - r___,t1.YERS
Packet Page -2600-
COLUMBUS
NAPLES
CINClNNA 11
FORT LAUDERDALE
..-..
<<
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IIIIiPAII&)ANDRESS II
850 PARK SHORF DRIVE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL34103
239.649.2708 rlJRECT
239.649.6200 MAIN
239.261.3659 FAX
banders'on@ralaw.com
www.ralaW.CODl
A LEGAL PROFESSlONAL ASSOCIATION
April 15, 2011
Kay Deselem, Principal Planner U.S. Mail
Collier County Zoning Services-Land Development Services
Growth Management Division-Planning and Regulation
2800 N Horseshoe Drive
Naples, FL 34104
DOA-Pl2011-3S4 REV:1
RONTO LIVINGSTON
DRI A/K/A TUSCANY RESERVE
DATE: 4/19/11
DUE: 5/10/11
Re: Notice of Proposed Change to Ronto Livingston DRI a/kJa Tuscany Reserve
Dear Kay:
Please find enclosed the County and Regional Planning Council Notice of Proposed Change'
applications for the above-referenced DR!.
The change proposed is to extend the buildout date from January 25, 2012 to January 24, .
2017. Since this buildout date extension is for less than five (5) years, per. Section 380.06(19)(c)(2);
Florida Statutes, this extension is deemed not to be a substantial deviation. As provided in Section
380.06(19)(c) F.S. any extension of a bu!ldout date automatically extends the termination date of the'
development order and the expiration date of the DRI by like time period. The proposed text change
would incorporate these automatic statutory extensions, as well as the extension that is the subject of
this NOpe.
A housekeeping change is also proposed to delete the reference to a previously repealed PUO
Ordinance, to change the name of the DRi to Tuscany Reserve to be consistent with the exisling
PUD, and to list the naille of the successor developer as KE Tuscany Reserve Pr-operties. LLC, (3
DelavJare limited liability cornpany. VVe heve also proposed to change the DO text to require biennia;
ratrler than annual monitoring reports.
Also enclosed is a copy of the recorded Memorandum of Extension for ~;ie prior statutory
extension of 3 years and 2 years and the Level of Service Analysis requested by the Transportation
Department which was prepared by Reed Jarvi. Additionally enclosed is a Zoning Verification ietter
concerning the Sales Center that you requested.
Please feel free to contact me if-you have any questions.
Thank you.
Sincerely,
"""
:w'~
R. Bruce Anderson
For the Firm
Enc. as stated
cc: T. Holihen (Via E-mail w/Enc.)
E. Rogan (Via E-mail w/Enc.)
W. Arnold (Via E-mail w/Enc.)
651311 v_01 \ 123996.0005
NEW YORK
VVASHINGTON, D.C.
COLUMBUS
N.A.PLES
CINClNNA n
FOR1lAUDEr.J.)t\l F
CLEVELAND
TAil..AHASSEE
TOLEDO
ORU,NDO
AKRON
FOR1 MYERS
9/27/2011 Item 17.A.
.-~,,,,,.
~
~
JA< Count)'
Growth Management Division - Planning & Regulation
Department of Land Development Services
Zoning Services Section .
February 1. 2011
Mr. R. Bruce Anderson
Roetzel & Andress, L.P.A.
850 Park Shote Drive
Naples,FL 34103
Re: Tuscany Reserve PtJp Sales Center Zoning Verification Letter
Dear Mr. Anderson:
In your application found sufficient on January 28, 2011, you asked the following
questions: (pertaining to the Plann~d Unit Development ("PUD") of Tuscany Re;senJe
PUD (Ordina1tCe No. 03-28) specifically:
1. Can 1:he sales center at Tuscan}' Resen'l! continue 1:0 be utilized at least until
[he cuny:nt buildout date of January 25, 2012 based on either the DRl
IJuildout Extensions and/or by virtue of Section 713 [if the PUD and Secrion
5.04~04 B.4 (~frhc LL)C.l()r extension o.f'te1nIJOrar'j' lnoLicl sales ccn.terSa
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(--:an the I)eveloT)er aveil i'f.yel{f S{'ction 5.04~CL+ 34 Lfor nnn,ual c)oensio!1s c:.J t/-;c
"! ...-,,....'~........__,..,...._,"-~" 'I "/r
~C,:I'l/,jj {.tt)' ~..;.)C
the Jt1od(-:[ sal(~s ccn.tcr ~fc;r one year peri()(:!s UJ70D-
dcmonstrarion of need, and/or continue to utili::e the sales cemer if a PUD
amendment is pending 10 formally caend the time period to lIse the sales
center?
As you note, the buildout date for this PUD/DRI was originally in 2007 and has been
extended uutil2012. The seven year old limitation contained in the PUD for use of the
sales center was tied to the then existing buildout date, therefore, the sales center can
continue to be utilized to January 25, 2012. After January 25, 2012 upon a proper
demonstration of need use of the sales center can be continued for a one-year period. after
which another one year extension can be granted upon a demonstration of need.. Under
LDe Section 5.04.04 B.4 there is nO, time limit on how many annual extensions can be
requested and granted.
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Department of Land Oevalopmam SeMces . 2800 North Horseshoe Drive. Naples, FL 34104 . 239-252.2400
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Mr. R. Bruce Anderson
RE: ZLTR-PL-2011-0165
Page 2 012
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Please be advised that the infonnatiol1 presented in this verification letter is based on the
Collier County Land Development Code and/or Growth Management Plan in effect as of
this date. It is possible that subsequent amendes) to either of these documents could
~&fect the validitY of this verification letter. It is also possible that development of the
subject property 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 such as the Building Code.
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Should you l'equire further information, please do not hesitate to call me at (239) 252-
2484.
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Raymond V. Bello\vs. Zoning Services Section Planning Manager
Department of Land Development Services
(~.c: Claudine i\uc~lair~ Busine.ss (-::::nter
PUD
luhn
Corresponde.nce .File
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RONTO LIVINGSTON DRI
(aka TUSCANY RESERVE)
NOpe LOS ANALYSIS
9/27/2011 Item 17.A.
Omega
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Consulting Group
March 2011
Collier County, Florida
Prepared For.
KE Tuscany Reserve Properties, LLC
17837 Murdock Circle
Port Charlotte, Florida 33948
Job # Rill 1.0 I
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Prepared By:
Omega Consulting Group, LLC
11338 Bonita Beach Road S.E., Suite 103
Bonita Springs, Florida 34135
11388 Bonita Beach Road U.. Suite 103, Bonita Springs. Florida 34135
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INTRODUCTION
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Omega Consulting Group, LLC has been retained to complete a Level of Service (LOS) Analysis
of the County Roadway Network in the vicinity of the Ronto Livingston DR! (aka Tuscany
Reserve) project for a Notice of Proposed Change (NOPe) for a time extension of the DR!
buildout to 2017. Tuscany Reserve is located to the east of Livingston Road just south of the Lee
County border.
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TRIP GENERATION
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Site-generated trips were estimated using the Institute of Transportation Engineers (ITE) Trip
Generation Manual (8th Edition) with the original land use of the DR!. Table 1 shows the
summary of the external site-generated trip estimates.
TABLE I
TRIP GENERATION
.-.. AM Peak PM Peak
Land Use Size Unit Daily Total Enter Exit Total Enter Exit
Single Family (LU 210): 344 DU 3.240 251 63 188 319 201 118
Condominium/T ownhouse (LU 230): 1.036 DU 5,017 335 57 278 409 274 135
Internal Residential to Golf Capture 50% -322 -20 -16 -4 -25 -12 -14
Golf Course (LU 430): 18 Holes 643 40 32 8 50 23 28
Internal Golf to Residential Capture 50~6 -322 -20 -16 A ~25 -12 -! 4
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Total 1,380 8t257 586 l20 466 728 475 253
TRIP DISTRIBUTION AND ASSIGNMENT
The site-generated trip distributions were determined by review of the original DRI TIS with
some adjustments to account for the current roadway network. The Peak Hour traffic
distribution and trip assignment is shown in Table 2.
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Tuscany Reserve NOpe LOS Analysis RI
9/27/2011 Item 17.A.
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results of the growth rate calculations based on the Trip Bank from the 2010 AUIR and the
Historical Growth Rate.
TABLE 4
BACKGROUND TRAFFIC VOLUMES
Based on 20 I 0 Collier County AUIR
Roadwa,y Link ..fJ:Qm To Pk Hr Trip Total
north access 1,103 118 1.221
Livingston
access Immokalee Rd 1,103 I 18 1.221
Road
Immokalee Rd Vanderbilt Bch Rd 1,882 67 1,949
Vanderbilt Bch Rd Pine Ridge Rd 1,402 260 1,662
~~~:m~~~~~trt!~~E~~~~1~@~:~[t.trZ~i~~~
Goodlette Rd Airport Rd 2,104 340 2,444
Immokalee Airport Rd Livingston Rd 2,41 I 257 2,668
Road Livingston Rd 1-75 2,773 252 3,025
1-75 Logan Blvd 1,788 687 2,475
l';i!;m~'.~~'1[\'\l~~~.i~~~.~~~~~~~
Airport Immokalee Rd Vanderbilt Bch Rd 1,309 157 1,466
Road Vanderbilt Bch Rd Orange Blossom Rd 1,831 345 2,176
TABLE 5
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BACKGROUND TRAFFIC VOLUMES Growth
Based on Historical AUIR Growth 2003 2004 2005 2006 2007 2008 2009 2010 Calc. Rate 2017
Roadway Link From To Pk Hr Pk Hr Pk Hr Pk Hr Pk Hr Pk Hr Pk Hr Pk Hr Growth Used BKGD
north access !70 570 980 1.020 1.080 1,039 1,098 1.103 0.7% .W 1.267
':"10
Llvmgs:on access imrnokalee P,d 170 570 930 1.020 1.080 1.039 1.098 1.!03 0.7% ::% 1.267
P,ocd Immob!ee P,d \/ander-bilt B:h F~d ~ '.! ~ I""''' 1......,.,'0 1,500 T -.'"\('\ 1.55l Iii.... l,eoL. i .'170 ''''H'' ,L 1~'L
I "ti........ J.UVU ;,vuv I ,,:H..IV 11"""''' k'O
Vanderbilt Bch I\d Pine Ridge Rd NIA NIA 1,480 2,160 1,760 1.300 1,246 1,402 -7.3% 201 1.610
/0
Good!ette Rd h.i\"",..,I"'Il"T P..1 2,100 2,000 2,220 1,940 2,060 1,865 2,104 2,104 0.0% '0/ 2,417
1"'\11 f'''Ji ~ 1\\.1 '<'/0
Immokalee Airport Rd Livingston Rd 2,330 2,330 2,590 2,150 2,750 2,773 2.411 2,411 0.5% 2% 2,769
Road Uvingston Rd 1-75 2,330 2,330 2,590 2,150 2,750 2,773 2,773 2,773 2.5% 2% 3,185
1-75 Blvd 2,240 2,130 2,620 2,400 2,710 1,800 1,7B8 1,78B -31% 2% 2,054
Airport Immokalee R.d Vanderbilt Bch Rd 1,900 1.870 1,910 1,650 1,420 1,449 1,423 1,309 -51% 2% 1,504
Road Vanderbilt Bch Rd Orange Blossom Rd 2,400 2,340 2.100 1,790 1,730 1,860 1,814 I,B31 -3.8% 2% 2,103
LINK lEVEL OF SERVICE ANALYSES
The Maximum Service Flow (SFm=) for area roadway segments is sho",']) in Table 6 & 7.
Tuscany Reserve NOpe LOS Analysis RI
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WII LOS Std?J
Bkgd Project Total Bkgd WI
Roadway Link From To SE.w.x Vol Trips YQJ. Only Proi.
north access 3,260 1,221 139 1,360 Y Y
Livingston Road access Immokalee Rd 3,260 1,221 214 1,435 Y Y
ImmokaJee Rd Vanderbilt Bch Rd 3,840 1,949 95 2.044 Y Y
Vanderbilt Bch Rd Pine Ridge Rd 3,800 1,662 48 1,710 Y Y
p~i~~~~~~~~__~~~~~Mmtitii~f_~~_~~
Goodlette Rd Airport Rd 3.030 2,444 24 2.468 Y Y
Immokalee Airport Rd Livingston Rd 3,290 2,668 48 2,716 Y Y
Road Livingston Rd 1-75 3,800 3,025 38 3,063 Y Y
1-75 Logan Blvd 3,800 2.475 13 2.488 Y Y
t~1fIl_~.~B~~~~IIIf&~~~:,~'r?J~l1~~_~~~r~
Airport Immokalee Rd Vanderbilt Bch Rd 2.460 1,466 24 1.490 Y Y
Road Vanderbilt Bch Rd Orange Blossom Rd 3,970 2,176 14 2.190 Y Y
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TABLE 6
LEVEL OF SERVICE DETERMINATION
Based on 20 I 0 Collier County AUIR
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TABLE 7
LEVEL OF SERVICE DETERMINATION
Based on Historical AUIR Growth
Ro~dw~v Link
To
Fro rn
north access
access Immokalee Rd
I ivincrt:1"nn R n.:lrl
-.. "',,---" ..--- Immokalee Rd Vanderbilt Bch Rd
Vanderbilt Bch Rd Pine Ridge Rd
2017 WII LOS Std?1
Bkgd Proiecr Total Siege WI
SF~: Vol Tr'Ds Vol Only Pm!.
3,260 1.267 139 1,406 y y
3.260 1.267 214 1,481 y y
3.840 2.162 95 2.257 y y
3,800 1,610 48 1,658 Y Y
lmmokalee Goodlette Rd
Road Airport Rd
Livingston Rd
1-75
Airport Rd
Livingston Rd
1-75
Logan Blvd
3,030 2,417 24 2,441 Y
3,290 2,769 48 2,817 Y
3,800 3,185 38 3,223 Y
3,800 2,054 13 2,066 Y
Y
Y
Y
Y
Airport ImmokaJee Rd Vanderbilt Bch R.d 2.460 1,504 24 1,527 Y
R.oad Vanderbilt Bch Rd Orange Blossom R.d 3,970 2,103 14 2.117 Y
'SoId N denotes Not within LOS Standards
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Tuscany Reserve NOpe LOS Analysis R I 5
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9/27/2011 Item 17.A.
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CONCLUSION
The analysis shows that the adjacent arterials are projected to operate within LOS standards both
with and without the project for the new buildout year of2017.
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Tuscany Reserve NOpe LOS Analysis RI
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2003-20 I 0 AUIR EXCERPTS
Tuscany Reserve NOpe LOS Analysis RI 7
9/27/2011 Item 17.A.
COLLIER COUNTY 2003 A,.'>\j1ollJAL UPDATE Il'i"VENTORY REPORT (AUIR) - Collier County
Transportation Database (Based OD Synchro and current traffic volumes)
Link From To 10 PHPDV PHPDV I
IAirport Rd. Immokalee Rd. to Vanderbilt Beach Rd. Ext. 2,460 1,900
Airport ReI. Vanderbilt Bch.Rd.Ext. to Pine Ridge 4.280 2,400
Immokalee Rd. US 41 to Airport Rd. 2,100 2,100
Immokalee Rd. Airport ReI. to 1-75 2,140 2,330
Immokalee Rd. 1-75 to CR 951 2,320 2,240
Livingston Road IV Imperial 81. to Immokalee ReI. 2,770 170
Livingston Road-III Immokalee Rd. to Vanderbilt Bch. Rd. -
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COLLIER COUNTY 2005 A..l\"'l'o"UAL UPDATE INVE~T'fORY REPORT (AUIR) - Collier County Transportation
Database (Based on S}'Dchro and current traffic volumes)
10 Month 2005 2004
Peak Hour Peak Peak
Peak Dir Hour Hour
Service Peak Dir Peak Dir Trip
Volume Volume Volume Bank
ort Rd.
Air ort ReI.
Immokalee Rd.
Immokalee ReI.
Immokalee Rd.
Livin ston Road IV
Livingston Road-III
2,330
2,130
570
1,000
COLLIER COUNTY 2006 A.l'I"NUAL UPDA TE INVE~T'fORY REPORT (AUIR) - Collier County Transportation
Database (Based on S)'Dchro and current traffic volumes)
10 Month 2005 2006 ..-...
Peak Hour Peak Peak
Peak Dir Hour Hour
Service Peak Dir Peak Dir Trip
Link FromITo Volume Volume Volume Bank
Airport Rd. Immokalee Rd. to Vanderbilt Beach Rd. Ext. 1,650
l\.iIport Rd. Vanderbilt Bch.Rd.Ext. to Pine Ridge 3,970 1,790 527
Immokalee Rd. IUS 41 to Airport Rd. 3,030 1,940 561
lrnmokalee Rd. Airport Rd. to 1-75 3.290 2,590 2,150 697
Immokalee Rd. 1-75 to Logan Blvd 4,370 2,620 2,400 1501
Livin stan Road IV Imperial St. to Immokalee Rei 3,260 980 1,020 156
Livingston Road-III Immoka] ee Rd. to Vanderbilt Bch. Rd. 3,840 1,000 1,500 61
Livingston Road-III Vanderbilt Beh. Rd. to Pine Ridge Rd. 3,800 1,480 2,160 38]
COLLIER COUNTY 2007 Al....'1\lJA.L UPDATE Il\"r:ENTORY REPORT (AlJlR) - Collier County Transportation
Database (Based on Synchro and current traffic volumes)
10 Month 2007
Peak Hour Peak
PeakDir Hour
Sen-ice Peak Dir Trip Total
Link FromfI'o Volume Volume Bank Volume
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Livingston Road IV Imperial 81. to Immokalee Rd. 3,260 1,080 144 1,224
Livingston Road-ill Immokalee Rd. to Vanderbilt Bch. Rd. 3,840 1,500 91 1,591
Livingston Road-ill Vanderbilt Bch. Rd. to Pine Ridge Rd. 3,800 1,760 314 2,074
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jLLIER COUNTY 2008 Al\"NUAL 'UPDATE INVEl'i'TORY REPORT (AUIR) - Collier County Transportation Database (Based on
Synchro and current traffic volumes)
10 Month 2008
Peak Hour Peak
Peak Dir Hour
Service Peak Dir Trip Total
Link From To Volume Volume :Bank Volume
2,460 1,449 1,652
3,970 1,860 2.236
3,030 1,865 2,340
3,290 2,773 3,073
2,320 2,773 3,068
2,320 1,800 2,541
3,260 1,039 1,194
3,840 1,551 1,618
3,800 1,300 1,603
2009
Peak Hour Peak
PeakDir Hour 2009
Service PeakDir Trip Total
Link From To Volume Volume Bank Volume
ort Road Immokalee Road 1,423 1.580
-1I'port Road Vanderbilt Beach Road 1,814 345 2,159
Immokalee Road Tamiami Trail 1,632 265 1,897
ImmokaJee Road Goodlette-Frank Rd. 2.104 340 2.444
Immokalee Road Airport Road 2.411 ')57 2,668
ImmokaJee Road Livingston Rd. 2,773 252 3.025
lmillokalee Road 1-75 2,320 1.788 6691 2.457
Livingston Road Imperial Street 3.260 1. 098 ]]8 1.216
Livingston Road 1millokalee Road 3.840 1,443 67 1.510
Livingston Road Vanderbilt Beach Road 3,800 1.246 260 1.506
COLLIER COUNTY 2010 ANl\"UAL UPDATE Il\v'ENTORY REPORT (AUIR) - Collier County Transportation Database (Based on
LOSPLAN and current traffic volumes)
2010
Peak Hour Peak
Peak Dir Hour 2010
Service Peak Dir Trip Total
Link From To Volume Volume Bank Volume
Vanderbilt Beach Road 2,460 1,309 157 1,466
Orange Blossom Dr. 3,970 1,831 345 2,176
Goodlette-Frank Rd. 3,030 1,632 265 1,897
Airport Road 3,030 2,104 340 2,444
Livingston Rd. 3,290 2,411 257 2,668
1-75 3,800 2,773 252 3,025
Logan Boulevard 3,800 1,788 687 2,475
Immokalee Road 3,260 1,103 118 1,221
Vanderbilt Beach Road 3,840 1,882 67 1,949
Pine Ridge Road 3,800 1,402 260 1,662
9/27/2011 Item 17.A.
EXCERPT FROM AGENT'S 6/10/11 EMAIL NOTICE
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REGARDING ADDITIONAL EXTENSION REQUEST
Since SB 7207 was signed by the Governor. . . . this email is to provide the required
written notice that the developer will exercise its right to automatically extend the DRI for
4 more years, such that if the NOPC is approved, the new buildout date will be January
24, 2021 and new expiration date will be January 24, 2026. I have provided draft
language on that as well. Please call if you have questions or wish to discuss.
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9/27/2011 Item 17.A.
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20D . Wednesday, September 7,20~~ .~~~~~.:,,:~~;,~:.:"'.
.w. ...,._,..... ..~:..;:;.;:~~:.~... ..' : ,:..,.,............"..........,....-__."...,.........._. ^' .
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier County
will hold a public hearing on Tuesday, September 27, 2011 in the Boardroom, 3rd
Floor, Administration Bunding, Collier County. Government Center, 3299 East Ta-
miami Trail, Naples, Florida. The meeting Will begin at 9:00 A.M, The Board will
consider ResolutlonlDevelopment Order: , '
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000-01, RONTO LMNGsTON
DRI, A DEVELOPMENT OF REGIONAL IMPACT, PRDVtDlNG FOR SECTION ONE; ADDI-
TION OF EXPIRATION DATE AND EXTENSION OF BUIlDOUT DATE, RENAMING DR!
TO TUSCANY RESERVE DRI, AND CHANGING THE REPORT TO BIENNlALlY;SECTlON
lWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION. FOUR:
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA;
AND PROVIDING AN, EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12; TOWNSHIP 48 SOUTH, RANGES,25 AND 26 EAST IN COWER COUNTY,
FLORIDA.' , '
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 in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chair, 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
proceedings pertairiing there:o and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony .and evi-
dence upon which the appeal is based.
If you are a person with disability who needs any accommodation in order to par-
tiCipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiaini Trail East, Building W, Naples, Florida 34112,
(239)252-8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYlE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL) .
Sl'lntPmhpr 7 7011
Nn19139SQ
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