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Resolution 1999-382 DO 1999-003 -' DEVELOPMENT ORDER 99-~ 17F RESOLUTION NO 99 -~2 A RESOLUTION AMENDING DEVELOPMENT ORDER 85- 4, AS AMENDED OF THE PARKLANDS DEVELOPMENT OR REGIONAL IMPACT (DRI), BY PROVIDING FOR SECTION ONE TO AMEND THE DATE THE DEVELOPMENT REMAINS IN EFFECT WHILE EXTENDING THE DATE BY WHICH TIME SIGNIFICANT PHYSICAL DEVELOPMENT IS TO BEGIN; SECTION TWO, FINDINGS OF FACT, SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 85-4 as amended (the Development Order) on September 10, 1985, which approved a Development of Regional Impact (DR() known as Parklands: and WHEREAS, an appeal by the Department of Community Affairs resulted in a settlement which was approved on March 12, 1986 establishing the tolling dale for purposes of this Development Order~ and WHEREAS, the Board of COUnlY commissioners approved Resolution Number 93-288 which amended the Parklands Development Order, on July 27, 1993 having the effect of extending the date from 10 years to 14 years from the date of approval for initiation of significant physical development; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a pan 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 again extcnd the time Ihal the development order remains in efTect~ and WHEREAS, Neale Montgomery, of Pavese, Garner, Havenfietd, Dalton, Hamson & Jensen, LL.P. and Karen Bishop, of PMS, Inc., representing Dewey R. Gargiulo, and Michael Procacci, Trustees, and Ronto Development Group, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has rev1ewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on September 2. 1999; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council Words underlined are additions; Words stE"l::l.e:lt th:l'et:l~k are deletions -1- 17F (SWFRPC) and the Collier County Planning Commission and held a public hearing on the petition on September 28, 1999; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida tha.. SECTION ONE. AMENDMENT OF DEVELOPMENT ORDER Paragraph 3 of an untitled section to Development Order 85~4. as amended, the Parklands, is hereby amended to read as follows' This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced witRin fel:1rteen-yeafS bv March 11 2003 in Collier County, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development, SECTION TWO FINDINGS OF FACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant proposes the development of the Parklands on 642.2 acres of land for mixed residential uses and golf course/recreation open space. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designed an Area of Critical State Concern pursuant to the provisions of Section 380,06, Florida Slatutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment it the previously approved Development Order is consistent with the repon and recommendations oflhe SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. Words underlined are additions; Words 6tI~c:;1( throl::lgn are deletions -2 - 17F ~ 1 C. The proposed amendment to the previously approved Development Order is consistent with the Collier County GroW1h 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. SECTION FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERIS) TRANSMITT AL TO DCA AND EFFECTIVE DATE A Except as amended hereby, Development Order 85-4 shall remain in full force and effecl, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over all other applicable previous Development Orders which are in conflict thereof B. Copies of this Development Order ~ 1t..,,3 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~~ "", day of 3.."'".......~9- , 1999 BOARD OF COUNTY COMMISSIONERS CO IER COUNTY, FLORlDA : ,.' ATTEST: DWIGHT E.BROCK, Clerk , ..'~_, '::l~.~.~ ~'<:.' " , , \ Attest IS to 01.1......' slgn.turt on1" Approved as to Form and Legal Sufficiency -nv'idt ,).. ril fJUuJi.-..l Marj e M. Student Assistant County Attorney 1700.....99.02 Words underlined are additions; Words stl':\;:l~ll th!~1:1!lo1 are deletions -3- 17F :~..( 1.1 FORM RPM-BSP-PROPCHANGE.I fA !E <C IF. r \/,' iF. Jl) JUN 1 ~ lC!QQ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904-488-4925 DOA99-02 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DR! be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1, 1; Karen Bishop, am the undersigned authorized representative of Ronto Development Group, Me, Dewey Gargiulo and Me, Michael Procacci, Trustees, are the owners of the subject property, The owners do hereby give notice of a proposed change to a previously approved Development ofRegionaJ Impact in accordance with Subsection 380,06(19), Florida Statutes, In suppon thereo( I submit the following information concerning the amendment which information is tIUe and correct to the best of my knowledge, I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and the Bureau of State Planning, Dep ment of Community Affairs. Dat?fJJq0 Karen Bishop F:\WPOATA\NH\RONTO\COLLtER.NOP 17F 1~'1 2. Applicant (name. address. phone), Ronto Group 3185 Horseshoe Drive South Naples, Florida 34104 (941) 649-6310 3. Authorized Agent (name, address. phone), Neale Montgomery Pavese, Gamer, Haverfield, Dalton, Harrison & Jensen, L.L.P. 1833 Hendry Street, Post Office Drawer 1507 Fort Myers, Florida 33902-1507 (941) 334-2195 Karen Bishop PMS, Inc, 2335 Tamiami Trail North, #408 Naples, Florida 34103 (941) 435-9081 .c, Location (City, County. TownshipfRange/Section) of approved DRI and proposed change. The property is located in Section 9, Township 48 South, Range 26 East, Collier County, Florida 5. 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 may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacu. The application is a request to amend the date for commencement of the project, The commencement date was established in the Development Order 85-4, on page 29, paragraph 3, The date for commencement was ten years from the date of development approval, The original DR! DO was appealed, so the date of development approval was subsequent to the September 1985 approval, The applicant would submit that the actual approval dale was on or about March 12, 1986 because that is the date the Final Order of Dismissal was filed by F:\MPOATA\NH\RONTO\COLLIER.NOP 2 f 17F the Florida Land and Water Adjudicatory Commission. The ten-year period to commence would have expired, under this calculation, on or about March 12, 1996. The time frame for commencement was extended by Resolution 93.288lDevelopment Order 93-1 for a 4-year period, The language was amended to provide that the development would have to commence in 14 years. The time to commence is at the present time, March 12, 2000, The applicant is working to develop its development plans for the property, and preliminary work on the drainage, transportation and other issues is ongoing. The applicant is going forward and spending money in reliance on the DR! DO. The applicant does not want to work through all of the development and permitting issues only to find that they have run out of time, They are also concerned that commencement does not include roads and landscaping, One of the first steps in the development of the project will be the roads, drainage, and other infrastructure. The applicant does not want to find itself with a significant investment in roads and drainage which is definitely commencement from the applicant's perspective, but which isn't commencement from the perspective of the DR! DO, and find it has run out of time to commence. Thus, the applicant is hereby requesting an extension of the commencement date established in the DR! DO for a period of less than seven years, The applicant previously requested a 4-year 364-<lay extension, but the extension that was actually approved was a 4-year extension. Thus, this request is for a 2-year 364-day extension, That would place the date for commencement at March 11,2003. Section 380,06(19), F,S, regulates extensions of the build-out date. The applicant is not asking to extend the date for completion of the project, the applicant is merely requesting an extension of the date to commence. The applicant envisions initiating work in the Lee County portion of the project. The pro fonnas for the project are based on the entire Parklands DR!. The economic feasibility of the project depends upon the ability of the applicant to complete the entire DR!. The actual language change is as follows: ), This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within fuul te~h bv March 11, 2003 in Collier County, development approval will tenninate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 6. Complete the attached Substantial Deviation Detennillation Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. f: \ WPCAT"\NM\RONTO\COLLI ER. uoP 3 17F There is no need to provide a substantial deviation chart because there is no change to any of the land use types. 7. List all the dates and resolution numbers (or other appropriate identification numbers) ofall modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous cbanges (i.e., any information not already addressed in tbe Substantial Deviation Detennination Chart), lIas tbere been a cbange in local government jurisdiction for any portion (lfthe development since tbe last approval or development order was issued? If so, bas tbe annexing local government adopted a new DRI development order for tbe project? There has been no change in the local goverrunent with jurisdiction over the project. Tbe DR! DO was previously amended by Development Order 93-llResolution Number 93-288, Tbe prior change removed the y, section (East Y, of Section 8) of land from the DR!, adjusted the number of units to reflect the removal of the East Y, of Section 8, The change did not adjust the mitigation to reflect the reduction in impacts. 8. Describe any lands purchased or optioned within Yo mile of the original DRI 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 y, mile on . project master site plan or other map. The owners oflhe DR! have not purchased additional lands within Yo mile of the original DR! site. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. \: "- \ The change is less than 40% of the criteria listed in Paragraph 380,06(l9)(b), F,S, 10. Does the proposed change resull in a change to tbe buildout date or any pbasing date of the project? Hso, indicate tbe proposed new buildout or phasing dates. Yes, tbe change results in an extension of the date for commencement of development. 11. Will tbe proposed change require an amendment to tbe local government comprehensive plan? No, the cbange will not require an amendment to the comprehensive plan, Provide tbe following for incorporation into sucb an amended development order, pursuant to Subsections 380.06(15), F.S., and 9J-2.025, Florida Administrative Code: f: \WPDATA\NM.\RONTO\COLLI ER. NOP 4 , . -,.. \ . r , 17F 1 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR! or development order conditions. The master site plan has not been changed significantly from the Map H on file, 13. Punuant 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. AU proposed specific changes to the nature, phasing, and built-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 orland use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change: Please refer to the response to question 5. for the precise language. The amending language is restated below: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within fou. t",,, bv March 11. 2003 in Collier County, development approval will tenninate and this development order shall no longer be ~ffective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings on or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. F:\WPOAT AINM\RONl'OlCOWER.NOP 5 - . 17f- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Helping Floridians create safe, vibrant, sustainable communilies' IEB BUSH GO\Iernor STEVEN M. SEIBERT Secref..ry Novemher 5. 19CJc) ,:. 'I.: Ms, Ellie HolTman, DeplHY Clerk CountyorCollier Collier County Court House 3301 Tamiami Trail East Naples, Florida 34101-3044 . 4 f7r.- ~ ..... '. \'{' ,',0, . ,'. '. ~ , G ~ ;. ,. :';. !.;'.\I'\ '. Re: Parklands DRI; File No. ADA-0984-055 Adopted Amendment to the Development Order Dear Ms. Hoffman: We have received the adopted amendment to Ihe development order (D.O,) for the Parklands Development of Regional Impact (DIU). The 0,0. was rendered to Ihe Department on October I, 1999, and received on OClobcr 4, 1999. II has been determined that the development order amendmenlmeets the requiremenls of Section 380.06( 15), Florida Statutes, and Rule 9J-2.025. Florida Adm inistrative Code, The Department has no comments relating to the subject development ordt.'f 3mcndmcnl and will not appeal ils adoption. If you have any questions or comments concerning this malter. plt:asc call JdTr~y Griswold. Planner, al (850) 487-4545. S"Jr/ Bob Cambric, ,lcp Growth Manngcmcl1t ^dlllillistrator Be/jig cc: Mr. Wayne Daltry, Southwest Florida Regional Planning Council Mr. Neale Montgomery. applicant's representative Ms. Karen Bishop. applicant's representative 2SSS SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100 Phone: (8S0) 488-6466/Suncom 276.8466 FAX: (850l92\.Q781/Suncom 291.0781 Internet addreB: hltp:llwww.SI.lle.fl.us/comaUI nOltlOAKU'S A~~ o/C,jl~.1 Stile COfl<<,n '..l~ Officp U96 C>rtl'M" HiJhw:;y, S..itt 111 t..~/alhon,f1OlilU ]]051).2221 caUNSWAM' Mu Qf C,itic:al S~lt Cone"" fitld omu 20S lutt..\,Ji"SI,H(.'kIilf 10" e.llllW, "o,ld. J)alC)..l'~1