Resolution 2004-169
IlB
RESOLUTION NO. 04- ] 6q
ABANDONMENTOFTHETWELVELAKESDW
and
DW DEVELOPMENT ORDER
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PURSUANT TO RULE 9J-2.0251, FLORIDA ADMINISTRATIVE
CODE, PROVIDING FOR THE ABANDONMENT OF THE
TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT
APPROVED ON FEBRUARY ]0, 1987, AND SUBSEQUENT
AMENDMENTS; PROVIDING FOR FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF
THE ABANDONMENT OF THE DRI, REPEAL OF THE DRI
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE
OF POST-ABANDONMENT DEVELOPMENT WITH COUNTY
REGULATIONS; PROVIDING FOR RECORDATION OF
NOTICE OF ABANDONMENT; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Whereas, the DR! Development Order for the Twelve Lakes DRl (hereinafter, the
"Development Order") was originally adopted by the Board of County Commissioners of Collier
County, Florida on February 10,1987 as Development Order 87-1; and
Whereas, the Development Order was amended as follows: (i) May 19, 1987 by
Resolution 87-110, (ii) April 7, 1992 by Resolution 92-221 (Development Order 92-3), (iii)
February 21, 1995 by Resolution 95-3 (Development Order 95-144), and (iv) December 16, 1997
by Resolution 97-479 (Development Order 97-5); and
Whereas, the Development Order, as amended, approved the development of 1,000
residential units and 112,500 square feet of commercial uses on the property described in Exhibit
A attached hereto (hereinafter the "DRI Property"); and
Whereas, Section 380.06 (26), Florida Statutes, and Rule 9J-2.0251, Florida
Administrative Code, permit and establish the process for the abandonment of a development of
regional impact; and
Whereas, Richard K. Bennett, as Successor Trustee of Land Trust 5222, the owner of all
the DR! Property (hereinafter the "Owner"), through his authorized representatives, has applied
to the Board of County Commissioners to abandon the Twelve Lakes Development of Regional
Impact pursuant to the above-referenced Statute and Rule; and
Whereas, the Southwest Florida Regional Planning Council considered the application on
October 16, 2003 and found that the DR! was eligible to pursue abandonment and that no
objections to the proposed abandonment exist, and has so informed the County and the applicant;
and
Whereas, the Florida Department of Community Affairs has reviewed the application and
the recommendation of the Southwest Florida Regional Planning Council, and has discussed the
application with the Collier County Community Development and Environmental Services
Division Staff, and has determined that it does not object to the abandonment of the
Development Order by the Board of County Commissioners and has so informed the County and
the applicant of this determination; and
Whereas, all required public notices for hearings on the application have been published;
and
Whereas, the Collier County Planning Commission has conducted a public hearing on
Page 1 of3
.. - C""Jl:a
.......t:""Oil'D
....... ... btII ,.....
-""'"
-.I pQ ~..
~ 0
-.......
c::JI:::::O
n....
CD ""
-
CD
o
""'
-""
.... ""
""
...
.,...
~
~
~E:::
~<'>
__ co
:;:~
-- ...
~""
~_. (......)
_'" ??::0o
... ~ <:::>
~ g c:::>
~ 0 c:::>
.. .... \",0
~ ~ c:n.
""' <'>
:c;;: C)
~ I:-' ::c
8:.-
...n
~~~
~~'-"
'" <> 0-.
""'~ ??::0o
o
..... .....
?'4 ~ """Ct
~ :::.: G"'l
t:-t bid -.
::"'"
... n <:::>
g(.....)o
~t'-'>
:' 0"\
...
.,...
..... ""
o ...
~.....
CD ...
.,,:::
~=
~~
liB
April 15, 2004 and recommended the approval of the application to abandon the Twelve Lakes
DRl and the Development Order and recommended the adoption of this Resolution abandoning
the DR! and the Development Order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1. RECITALS. The Recitals in the preceding "Whereas" clauses are true
and correct and are incorporated herein by reference.
SECTION 2. ABANDONMENT APPROVED. The application for the abandonment
of the Twelve Lakes Development of Regional Impact and the Development Order is hereby
approved.
SECTION 3. FINDINGS OF FACT. The Board of County Commissioners hereby
makes the following findings of fact:
1. The Owner requested the abandonment of the Development Order
because, as a result of population increases in Collier County, the
development proposed after abandonment consists of 1000 residential
units and 112,500 square feet of commercial uses, which are 50 percent of
the residential threshold, 28 percent of the commercial threshold, and 54
percent of the mixed use threshold set forth in Section 380.0651, Florida
Statutes, and Chapter 28-24, Florida Administrative Code, and therefore
the development does not require DRl review.
2.
There has been no development on the property subject to the DRl, and
therefore, no impacts to resources or existing or planned facilities have
occurred.
3.
The development proposed after abandonment shall comply with: (1) the
provisions of Ordinance Number 03-20, adopted May 13,2003, which is
the Planned Unit Development document for the Twelve Lakes project;
and (2) the Collier County Land Development Code.
4. The impacts ofthe development proposed after abandonment will be
adequately mitigated by compliance with the provisions of Ordinance
Number 03-20 and the Collier County Land Development Code. This
includes, but is not limited to, the payment of all required impact fees, and
compliance with the County's Concurrency Management System.
5. The abandonment of the Development Order will not affect any areas
required by the Development Order to be set aside for preservation or
protection. The development proposed after abandonment will, pursuant
to Ordinance 03-20, be required to set aside substantially more land for
preservation than that required by the Development Order.
6. The developer has not relied on the benefits granted to developments of
regional impact pursuant to Chapters 163,403, and 380, Florida Statutes.
7. The abandonment will have no adverse impact upon, and is consistent
with, the Collier County Growth Management Plan and land development
regulations
SECTION 4. CONCLUSIONS OF LAW. The Board of County Commissioners
hereby makes the following conclusions of law:
I. The Twelve Lakes DRI is eligible for abandonment because the
development planned and authorized after abandonment is below the
applicable development of regional impact thresholds for residential,
commercial, and mixed uses. Thus, the development proposed after
Page 2 of3
C>
~
(.....)0
<..r1
0-.
??::0o
~
G")
<:::>
(.....)0
f'o....>
--.:I
abandonment is not a DRI.
178
2. The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and Land Development Code,
and does not need to be authorized as a development ofregional impact to
proceed.
3. The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and land development
regulations so long as the post-abandonment development complies with
Ordinance Number 03-20 and the Collier County Land Development
Code.
4. The proposed development after abandonment will be consistent with the
State Comprehensive Plan, the State Land Development Plan, and the
Southwest Florida Regional Policy Plan.
SECTION 5. APPROVAL OF ABANDONMENT OF DRI, REPEAL OF DRI
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE
OF POST ABANDONMENT DEVELOPMENT WITH COUNTY
REGULATIONS.
1. The application to abandon the Twelve Lakes Development of Regional
Impact is hereby approved, subject to the terms and conditions herein.
2.
The Twelve Lakes Development of Regional Impact and Development
Order 87-1, Resolution 87-110, Resolution 92-221, Resolution 95-3, and
Resolution 97-479 are hereby repealed in their entirety and shall be of no
further force or effect.
3.
All development after abandonment shall comply with all applicable
permitting requirements and land development regulations of Collier
County.
4.
The terms and conditions of this Resolution shall be binding upon the
Owner and its assigns or successors in interest.
SECTION 6. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding
shall in no way affect the validity of the remaining portions of this Resolution, and the remainder
of this Resolution shall remain in full force and effect.
SECTION 7. RECORDATION. The Owner shall record a Notice of Abandonment
in accordance with Section 28.222, Florida Statutes, with the clerk of the Collier County Circuit
Court, as provided by Rule 9J-2.0251, Florida Administrative Code.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect as provided by
law.
ATTEST:
DWIGHT BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO NTY, FLORIDA
d~
By: be..
u,puiY t,' ler,k,' "", ". ;i, '
Attest ~..' :tel; eM 'oiii
A~~'~~:!ap.d:I.<l~ sufficiency:
',.. ~>. .::... .....::~,.'
'00'0 II.. 'm::~
Marjo~M. Student'
Assistant County Attorney
BY:
DONNA
"rod, 6./1_ 0" -/
Date ___
j
Item #
17 e,
Date l!-
Roc'd .::.J .J/'D,!
~A~)fhn~)
eputy i){k
DRIABN-2003-AR-4987
Page 3 of3
*
*
'*
C)
:::a
(.....)0
(...T'I
0-.
""""
>-0:::1
Q
<:::>
(.....)0
~
CIO
'*
*
'*