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Resolution 2006-049 DO 06-01 DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER AMENDMENT FOR THE VINEYARDS OF NAPLES DRIDOA-2005-AR-8113 RESOLUTION NO. 06 -ft DEVELOPMENT ORDER NO. 06-01 A RESOLUTION AND DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER AMENDMENT OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT ORDER NUMBER 85-02, AS AMENDED, FOR THE VINEYARDS OF NAPLES TO AMEND THE ALTERNATIVES SECTION OF PARAGRAPH 4, TRANSPORTATION, OF SECTION 4.C., SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL , RECOMMENDA TIONS, TO ADD A NEW SUBPARAGRAPH PROVIDING FOR THE PAYMENT OF SPECIFIED SUMS TO THE COUNTY FOR PERMANENT TRAFFIC COUNTING STATIONS AND TO EXTEND THE DRI DEVELOPMENT ORDER TERMINATION AND BUILD-OUT DATE FROM MAY 7, 2005 TO MAY 6, 2010 TO ALLOW COMPLETION OF ON-GOING AND PLANNED CONSTRUCTION, WHICH DEVELOPMENT IS LOCATED IN SECTIONS I THROUGH 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; FINDING AND DETERMINING THAT THE PROPOSED CHANGES TO THE PREVIOUSL Y APPROVED DEVELOPMENT ORDER DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION; PROVIDING FOR FINDINGS OF FACT; CONCLUSIONS OF LAW; AND EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order Number 85-2, as amended, on May 7, 1985, which approved a Development of Regional Impact (DRI) known as the Vineyards of Naples; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to extend the DRI Development Order build-out date from May 7, 2005, to May 6, 2010, to allow completion of on-going and planned construction planned for the Vineyards of Naples DR!; and Words stmek tftF<lllgh are deleted; words underlined are added. Page I of4 WHEREAS, Michel Saadeh representing Vineyards Development Corporation, petitioned the Board of County Commissioners of Collier County, Florida, in Petition Number DOA-2005-AR-8113, to amend the Development Order to extend the build-out date; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered thc reports of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on February 28, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER A. The Alternatives Section of Paragraph 4, Transportation, of Section 4.C., Southwest Florida Regional Plannihg Council Recommendations, of Development Order Number 85-02, as amended, for the Vineyards Development of Regional Impact, is hereby amended to add the following: ALTERNATIVES * * * * * * * * b. In lieu of the requirement in Development Order 85-2, Section 4.CA.a. that ~uires the developer to s\!bmitan annualtraflic monitoring repQrLthe c!ev.\:lol2~:~Il;!II[1;!yti]<; CO'd.!l!YJhe sum of $2L600.00 to be applied for the purchase of permanent year round count stations on those portions of the roadway network on which the Vinevards development has significant impacts. This pavment is for calendar vears 2006, 2007 and 2008 and shall be paid to the Countv upon the adOPtion of this development order amendment. Should the Vinevards development not achieve build-out bv the end of vear 2008, then the developer shall pay to the Countv the sum of $7.200.00 for each calendar vear after vear 2008 that the development docs not reach build-out status. These annual pavments shall be paid to the Countv on the anniversarv date of adoption of this amendment to this development order. ~ Other Alternatives lt is understood that the specific conditions listed above require commitments for payment from the developer and implicit commitments for constructions from local and state agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by state agencies. Therefore, Collier County is allowed to provide alternatives to the above conditions when the alternatives mitigate regional roadway impacts. Should this alternative be pursued, Collier County is requested to solicit Council review of the alternatives prior to the Development Order being adopted. B. Subsection 7 of the Vineyards of Naples DRI Development Order No. 85-2, as amended, is hereby amended to add the following underlined text: The termination and build-out date for this proiect shall be Mav 6,2010. Words stmek threugh are deleted; words underlined are added. Page 2 of 4 SECTION TWO: FINDINGS OF FACT A. The real property which is the subject to the amendment petition is legally descrihed as set forth in Exhibit "A", attached hereto and by reference made a part hereof. B. The proposed revisions to The Vineyards of Naples Development Order No. 85-02, as amended, as described in Petition DOA-2005-AR-8l13, are hereto made a part of this Resolution. C. The Petitioner's application for a Notice of Proposed Change (NOPC) is in accordance with Section 380.06(19), Florida Statutes. D. The changes proposed by this NOPC for the DRI involve an extension of build-out date from May 7, 2005, to May 6, 2010. SECTION TlIREE: CONCLUSIONS OF LA W A. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. B. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the land development regulations adopted pursuant thereto. C. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. D. The proposed amendment to the Development Order is not a substantial deviation from Development Order No. 85-02, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order No. 85-2, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 06-01 (Resolution No. ) shall be transmitted by Collier County immediately upon execution to the Department of Community Affairs, and the Southwest Florida Regional Planning Council. Words stmel( threllgh are deleted; words underlined are added. Page 3 of 4 C. This Development Order shall take effect as provided by law. This Resolution adopted after motion, second and majority vote. /1; .' , Done this ?:r ' day of l t! /} Y!/ 1/ / L Yo 2006. ti ATTEST: DWIGHT E.. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ." " .,~>-1"<. ~-.:: :>~. ~~I,," ",. ;1~' O:ayt~,> Ii_on 0 ff' '4 ( _ . ':)~{erk ,MustIn to Chllrlllft '. 'i....tlll'eonlr. .,. ,.' BY: ~->~- FRANK HALAS, CHAIRMAN Approved as to Form And Legal Sufficiency: O1v,';\'4A';- 00l'~ -~ Marjor(t M. Student- tirlmg Assistant County Attorney DOA.2005-AR-8113/KD/sp Words stmel( tflmllgh are deleted; words underlined are added. Page 4 of 4 LEGAL DESCRIPTION VINEYARDS OF NAPLES DOA-2005-AR-8113 Section 5, Township 49 South, Range 26 East, Collier County, Florida. Containing 727.7 acres, more or less, . , Section 8, Township 49 South, Range 26 East, Coilier County, Florida less and except Interstate Highway I-75:right-of-way Parcel 121. (O.R. Book 907 Pages 6]7-64]). Containing 642.7 acres, more or less. A parcel of land located in Section Range 26 East, Collier County, particularly described as follows: 6, Township 49 South, Florida, 'being more Begin at the northwest corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence run S 89055'59" E, along the north line of the northwest 1/4 of said Section 6 for a distance of 2644.09 feet to the north 1/4 corner of said Section 6; thence run S 89056'20" E, along the north line of the northeast 1/4 of said Section 6 to the westerly right- of-way line of 1-75 (State Road No, 9]) as the same is shown on the State of Florida Department of Transportation right-of- way map for State Road NO.9] (1-75) Collier County, Florida, Section 0]175-240], sheet 1, and a point on a circular curve concave to the southwest, whose radius point bears S 80010'18" W a distance of 7477.44 feet therefrom; thence run southerly along the arc of said curve to the right, and along said westerly right-of-way line, having a radius of 7477.44 feet, through a central angle of 09009'52", subtended by a chord of 1194.74 feet at a bearing of S 05014' 46" E, fOl- a distance of 1196,01 feet to the end of said CUl've; thence l'un S 000]9'50" E, along said westerly right-of-\./clY line, lor a distance of 1457.77 feet to a point on the nOl'th line of Ridge Farms LEGAL DESCRIPTION Vineyards Of Naples 'DOA-2005-AR-8113 Page 1 of 3 subdivision, an unrecorded subdivision; thence run N 89056' 34" IV along the northerly line of the said Ridge Farms subdivision for a distance of 923.13 feet to an existing concrete monument marking the northwest corner of Tract 50 of the said Ridge Farms subdivision; thence run S 02024'57" E along a westerly line of said Ridge Farms SUbdivision to an existing concrete monument; thence run S 01013'04" E along a westerly line of said Ridge Farms SUbdivision for a distance of 137.19 feet to an existing concrete monument; thence run N 89054'34" W for a distance of 3960.66 feet to a point on the west line of the southwest 1/4 of said Section 6; thence run N 01013'58" W for a distance of 137.58 feet to the west 1/4 corner of said Section 6; thence run N 02022'41" IV along the west line of the northeast 1/4 of said Section 6 for a distance of 3171,05 feet to the point of beginning, containing 358,263 acres, more or lessj AND The north 1/2 of the northeast 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, and the north 1/2 of the northwest 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the west 100.00 feet thereof, containing 196.696 acres, more OG less; ) AND A parcel of land located in the south 1/2 of Section 6, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the southwest corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; thence run N 01013'58" W, along the west line of the southwest 1/4 of said Section 6, for a distance of 1980. DO feet; thence run N 87035'44" E for a distance of 2607.64 feet; thence run N 01013'58" W, parallel with the west line of the southwest 1/4 of said Section 6, for a distance of 945,56 feet to a point on the southerly line of that parcel of land located in said Section 6 as the same is described in O.R. Book 1481 at Page 1852 of the Public Records of Collier County, Florida, said parcel being shown on the Hole, Montes and Associates, Inc, boundary and location survey, having drawing no. A-365, sheet 3, dated 10/26/89, and the point of beginning of the parcel of land herein described; thence rUn S 89054' 34" E along said southerly line for a distance of 939.91 f-eet; thence run tl 01017'22" IV for a distance of 2.21 feet; thence run tl 89055'51" W for a distance of 939.90 feet; thence run S 01013'58" E for a distance of 1.87 feet to the point of beginning, containing 1,917,4 square feet, mo,-e or less; AIW LEGAL DESCRIPTION Vineyards Of Naples . DOA-2005-AR-8113 Page 2 of 3 ~""."'---_.~"'-"-"'-'---'--"-'-"-- ^ portion of Section 8, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the southwes t corner of Sect ion 8, Townsh ip 49 South, Range 26 East, Collier County, Florida; thence along south line of said Section 8 north 89034 '44" east 1557.48 feet; thence north 00025'16" west 54.00 feet to the north right-of-way line of Pine Ridge Road (C896) and the point of beginning of the parcel of land hereinafter described; thence north 00025'16" west 125.40 feet to a point .on a non- tangential curve; thence along a curve to the left having a radius of 135.00 feet a central angle of 21044'22" an arc length of 51.22 feet and a chord which bears north 79033'09" west to a point of tangency; thence south 89034'44" west a distance of 344.06 feet to a point of curve; thence along a curve to the right having a radius of 470,20 feet a central angle of 22011'05" an arc length of 182.06 feet and a chord which bears north 79019'22" west to a point of tangency; thence north 68014'11" west a distance of 225,30 feet to a point of curve; thence along a curve to the right having a radius of 465,00 feet a central angle of 53017'19" an arc length of 432,48 feet and a chord which bears north 41035'31" west to a point of tangency; thence north 14056'52" west a distance of 506.21 feet to a point of curve; t~ence along a curve to the right having a rad~us of 965,00 feet a central angle of 15009'09" an arc length of 255.20 feet and a chord which bears north 07022'18" west; thence north 89047'43" west a distance of 107.28 to the west right of way of.1-75; thence south 14056'52" east a distance of 789.56 feet to a point of curve; thence along a curve to the left having a radius of 1065.92 feet a central angle of 17006'58" an ~rc length of 318.42 feet and a chord which bears south 23030'21" east to a point of compound curve; thence along a curve to the left having a radius of 109.82 feet a central angle of 49015'16" an arc length of 94,41 feet and a chord which bears south 56041'28" east to a point of tangency; thence south 81019'06" east a distance of 103,44 feet to a point of curve; thence along a curve to the right having a radius of 210,00 feet a central angle of 72043'24" an arc length of 266.54 feet and a chord which bears south 44057'24" east; thence south 86030'04" east a distance of 172.41 feet; thence north 89034'44" east a distance of 472.50 feet to the point of beginning, and containing 4.76 acres more or less. LEGAL DESCRIPTION Vineyards Of Naples DOA-2005-AR-8113 Page 3 of 3