Agenda 12/13/2011 Item #16K 112/13/2011 Item 16.K.1.
EXECUTIVE SUMMARY
A resolution to correct a scrivener's error resulting from a typographical error in
Resolution Number 2011 -177 (Development Order 2011 -04), for the Tuscany Reserve
Development of Regional Impact.
OBJECTIVE:
To have the Board of County Commissioners approve a resolution correcting a scrivener's error
resulting from a minor typographical error in a previously approved resolution.
CONSIDERATIONS:
On September 27, 2011, the Board of County Commissioners adopted Resolution Number
2011 -177 (Development Order Number 2011 -04) which amended the Development Order (DO)
for the Tuscany Reserve Development of Regional Impact (DRI), formerly known as the Ronto
Livingston DRI. In Section Four of the DRI DO amendment resolution, the number of the
original resolution was incorrectly typed as "03 -01," when the correct number of the original
resolution was actually "2000 -01." Elsewhere in the amendment resolution the original
resolution number is correctly referenced. This typographical error constitutes a scrivener's
error, which the approval of the attached resolution will correct.
FISCAL IMPACT:
This action is only to correct a scrivener's error regarding the previously adopted Resolution
Number 2011 -177 that was approved by the Board. Therefore, this change by and of itself will
have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
The original petition (DOA- PL2011 -354) was reviewed for consistency and was found to be
consistent with all the applicable provisions of the Growth Management Plan (GMP). This
scrivener's error resolution is only to correct the errors noted above for action that was approved
by the Board through Resolution Number 2011 -177.
LEGAL CONSIDERATIONS:
This item is legally sufficient for Board action and requires a majority vote. - HFAC
STAFF RECOMMENDATION:
That the Board approve the resolution correcting the scrivener's error as stated herein.
PREPARED BY:
Heidi F. Ashton - Cicko, Asst. County Attorney
Section Chief — Land Use /Transportation
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12/13/2011 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: A resolution to correct a scrivener's error resulting from a typographical
error in Resolution Number 2011 -177 (Development Order 2011 -04), for the Tuscany Reserve
Development of Regional Impact.
Meeting Date: 12/13/2011
Prepared By
Approved By
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 11/2/2011 1:59:00 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/2/20114:24:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/15/2011 11:45:09 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/17/20112:31:44 PM
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12/13/2011 Item 16.K.1.
DEVELOPMENT ORDER NO. 2011- 04
RESOLUTION NO. 2011- U7
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000 -01,
RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF
EXPIRATION DATE AND EXTENSION OF BUILDOUT DATE,
RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION
FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN
COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 2000 -01 (the "Development Order") by Resolution 2000 -26 on January 25,
2000, which approved a Development of Regional Impact (DRI) known as Ronto Livingston
DRI; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2010, a three -year and two -year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on January 31, 2011, KE Tuscany Reserve Properties, LLC, a Delaware
limited liability company, ( "Tuscany "), acquired the Ronto Livingston property and filed a
Notice of Proposed Change on April 15, 2011; and
WHEREAS, on June 10, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011 -139, Laws of
Florida to further extend the buildout date and the expiration date; and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing KE
Tuscany Reserve Properties LLC, petitioned the Board of County Commissioners of Collier
Words stmek thmush are deleted; words underlined arc added.
Ronto Livingston DRI / DOA- PL2011 -354
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12/13/2011 Item 16.K.1.
County, Florida to amend the Development Order by extending the buildout date, setting an
expiration date, and renaming the DRI to Tuscany Reserve DRI; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on 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 evidence presented
to the Collier County Planning Commission, and report and recommendation of the Collier
County Planning Commission, the report and recommendation of the Collier County Planning
Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby
approves the following Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS OF DEVELOPMENT ORDER 2000-01
A. The DRI is hereby renamed to Tuscany Reserve DRI and all references to Ronto
Livingston in Development Order No. 2000 -01 are deleted and replaced with Tuscany Reserve.
B. Conclusions of Law, Sections 3.K., 11., and 2., 4. and S., which follow Section
11., of Development Order 2000 -01 are hereby amended to read as follows:
Words stmak through are deleted; words underlined are added.
Ronto Livingsron DRI / DOA- PL2011.354
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a
M
•�i�- -
� - -
- - - - -
Words stmak through are deleted; words underlined are added.
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12/13/2011 Item 16. K.1.
11. SUCCESSOR DEVELOPER
On January 31, 2011. Tuscany puthased the Ronto Livingston DPJ pEM2 y,
decd recorded at OR Book 4648 Page 828 et Mg — Official Records of Collier County,
Florida. On April 15, 2011 Tuscany filed a Notice of Proposed Change to the DRI
avvroval. P
Tuscany also filcd for an amen m nt to the C llier ,County anned Unit
DpveloRM nt ( "PUD') document Ordinance Nos 03 -28 Ed-04-47 which governs the
dmlo2= of the Rm= also known as "Tuscany Reserve" Tuscany acknowledstes
that the conditions and commitments of Tuscany Reserve PUD as it exists and as it may
be amended also governs the developmMI and use of the Mg9gKIL even though the PUD
document is exrncssly not made a part of this Devrlp2m rder,
2. The original tnoiected buildout da$g 2f Jangn 25 2007 received
automatic extensionsto january 25 2012 by operation of law in Section 6 Chapter 2007
204. Laws of Florida and Section 46 Chanter 2010 -147 Laws of Florida. On June 10
201 L . Develope,�r provided written notice to County of its intent to extend the DRI another
four years under Chapter 2011 -139 Laws of Florida. Notwithstanding _ my other time
pgriods listed in the original Development Order or Application for Development
Approval, ft Pro' dout date shall ,fie January 24 2021 This Development Order
shall terminate and the M shall expire on Janwa 24 2029, fa—me 614- effeet CAP Aftap
4. Pursuant to Subsection 380.06, Florida Statute , this Project is exempt
frorn down - zoning or intensity or density reduction until_January 24. 2029 €ere -pavied.ef
, subject to the
conditions and limitations of said Subsection of the Florida Statutes.
S. The Developer, or its successor(s) in title to the subject property, shall
submit a report hicani all mmusHy, commencing woew years from the effective date of
this Development Order, to the Board of County Commissioners of Collier County, the
Southwest Florida Regional Planning Council, and the Department of Community
Affairs. This report shall contain the information required in 9x anligblc section of the
Seetien -9J.025(7); Florida Administrative Code. This report shall be prepared in
Words str+tek ihmagh arc deleted; words underline are added.
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a
12/13/2011 Item 16.K.1.
accordance with the "DRI Monitoring Format ", as may be amended, provided by the
S WFRPC. Failure to submit the biMialeamW report shall be governed by Section
380.06(l8), 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(19)(e)l., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as required by Section 380.06(19xe)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 f(3) and is not subject to a determination pursuant to
subparagraph f(5)."
C. A review of the impact generated by the proposed changes to -the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in June, 2011 that the
proposed changes do not create additional impacts.
E. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
F. A summary of the buildout dates and expiration dates is as follows:
Buildout Expiration
Original Date 1/25/2007 1125/2015
2007 Extension — 3 years 1/25/2010 1/25/2018
380.06(19)(c), F.S.
Words stmek through are deleted; words underlined are added.
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2010 Extension -- 2 years
Section 46, Chapter 2010 -147,
Laws of Florida
2011 Extension — 4 years
380.06(19)(c), F.S.
Proposed 4 years 364 days
SECTION THREE: CONCLUSIONS OF LAW
12/13/2011 Item 16.K.1.
1/25/2012 1/25/2020
1/25/2016 1125/2024
1/24/2021 1/242029
A. The proposed changes to the previously approved Development Order do not
require further development -of- regional- impact review.
B. The proposed changes to the previously approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
D. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06(19)(c) which provides ... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e)l, it is not subject to the public hearing requirements of
380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03 -01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
Words amok ihmugh arc deleted; words mnderlined are added.
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12/13/2011 Item 16.K.1.
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.
Board.
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
This Resolution adopted after motion, second and favorable vote.
Done this 27h day of September, 2011.
Wi S �E. ". CK, CLERK
44
Approved as to form
and 1 sufficiency:
(T\1 d4- J �//)
eidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use/ Transportation
Attachment: Exhibit A — Legal Description
CP /1 I- CPS - 01094129
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 7-L� W. G,-Vk
FRED W. COYLE, Chairrn
Words sovsk- ihFetagh are deleted; words under[inrd are added.
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12/13/2011 Item 16.K.1.
EXHIBIT
B
RESOLUTION NO. 11-
A RESOLUTION AMENDING RESOLUTION NUMBER 2011-
177 (DEVELOPMENT ORDER NUMBER. 2011 -04), FOR THE
TUSCANY RESERVE DEVELOPMENT OF REGIONAL
IMPACT ( "DRI ") TO CORRECT A SCRIVENER'S ERROR IN
SECTION FOUR.
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
Number 2000 -26 (Development Order Number 2000 -1) which approved a Development of
Regional Impact (DRI) known as the Ronto Livingston DRI (now known as Tuscany Reserve
DRI) on January 25, 20.00; and
WHEREAS, the Board of County Commissioners of Collier County recently amended
the DRI by adopting Resolution Number 2011-177 (Development Order Number 2011 -04) on
September 27, 2011; and
WHEREAS, following said action adopting Resolution Number 2011 -177, a
typographical error was discovered in Section Four of the resolution, in which the number of the
original Development Order was stated incorrectly, therefore constituting a scrivener's error.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section Four of Resolution Number 2011 -177 (Development Order Number 2011 -04),
titled "Effect of Previously Issued Development Order, Transmittal to DCA and Effective Date,"
is hereby amended to read as follows:
A. Except as amended hereby, Development Order 93-$1- 2000 -01 shall remain in
full force and effect, binding in accordance with the terms on all parties thereto.
Words isiru^k' wough are deleted; words underlined are added.
Tuscany Reservc DR[ (formerly Ronto Livingston)/SE-DC ' — -- ' -
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12/13/2011 Item 16. K.1.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted this day of 2011, after motion,
second, and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
,lieputy clerk
Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
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BY:
FRED W. COYLE, CHAIRMAN
Words smuek thre are deleted, words underlined are added.
Tuscany Reserve DRI (formerly Ronto Livingston) /S&DC
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