Resolution 1995-144 DO 95-3
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RESOLUTION NUMBER 95- 3
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DEVELOPMENT ORDER 95- 144
A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS
AMENDED, OF THE TWELVE LAKES DEVELOPMENT OF
REGIONAL IMPACT (DRI) , BY PROVIDING FOR: SECTION
ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE
TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION
ONE B, AMENDING OTHER SECTIONS WITHIN THE
DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR
COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME
EXEMPT FROM DOWN-ZONING; 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 87-1, which approved a Development
of Regional Impact (DRI) known as Twelve Lakes on February 10, 1987;
and
WHEREAS, as a result of changes requested by the Department of
Community Affairs,
the Board of County Commissioners approved
Resolution Number 87-110, which amended the Twelve Lakes Development
Order, on May 17, 1987; 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 Develop-
ment Order; and
WHEREAS, the owners of the DRI property desire to extend the date
by which significant physical development is to begin, project phasing
and time frame for potential down-zoning; and
WHEREAS, William R. Vines, of Vines and Associates, Inc.,
representing Richard K. Bennett, Trustee, NationsBank Land Trust #5222,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
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Regional Planning Council (SWFRPC) and held a public hearing on the
petition on Januacy 19
, 1992; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
County Planning Commission and held a pUblic hearing on the petition on
February 21,
, 1992;
NOW,
THEREFORE,
be it resel ved by the Board of County
commissioners of Collier County, Florida, that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. The Phasing Schedule of the Application for Development
Approval, Exhibit "B" to the Development Order 87-1, as amended, for
Twelve Lakes is hereby amended to read as follows:
Total
Phase Duration Dwellina Units Commercial Area
I 1992-199422 269 0
II 1993-19%21 207 0
III 1994-199+.2.2 301 11. 25
IV 1996-~ ;[QQJ. 232 0
V 1998-20W,Q;! 301 0
TOTAL 1,310 11. 25
Note: Each of the above listed ohase end dates terminates
December 30 of the listed Year.
B. Paragraph 3 and Paragraph 7 of an untitled section of
Development Order 87-1, as amended, for Twelve Lakes is hereby amended
to read as follows:
3. The Development Order shall remain in effect for the duration
of the project. However, in the event that significant physical
development has not commenced within Collier County within ~
fat ten (10) years~ development approval will terminate and this
Development Order shall no longer be effective. For purposes of
this requirement flsignificant physical developmentll 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.
7. The Board of County Commissioners agrees that this project
shall not be subject to down-zoning, until density reduction or
intensity reduction for a period of ~ tat ten (10) years from
the date of approval of this project, unless the local government
can demonstrate that substantial changes in the conditions
underlying the approval of the Development order was based on
substantially inaccurate information provided by the Developer, or
that the change is clearly established by local government to be
essential to the public health, safety or welfare.
Words underlJrLe..Q: are additions; Words :Jtruc]c through are deletions.
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SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed
amendment 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),
Florida statutes.
c. The applicant submitted to the County a Notice of Change to
Previously Approved DR! known as Exhibit B, and by reference made a
part hereof.
D. The applicant proposes the development of Twelve Lakes on
262.33 acres of land for a commercial development described in
Development Order 87-1, as amended.
E. A comprehensive review of the impact generated by the
proposed changes to the previously approved development has been
conducted by the County's departments and the SWFRPC.
F. 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.
G. The proposed changes to the previously approved Development
Order fall within the parameters for extensions of build-out pursuant
to Subsection 380.06(19)(e)2., Florida Statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development
Order do not constitute a substantial deviation pursuant to section
380.06(19), Florida Statutes. The scope of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved
DRI, Exhibit B, attached hereto and by reference made a part hereof.
B. The proposed changes to the previously approved development
are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development
will not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development
are consistent with the Collier County Growth Management Plan and the
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Land Development Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development
Order are consistent with the state Comprehensive Plan.
F. The proposed changes do not constitute a substantial
deviation pursuant to Subsection 380,06(19)(e)2., Florida statutes, and
therefore a public hearing thereon is not required.
SECTION FOUR:
A. Except as amended hereby, Development Order 87-1 shall remain
in full force and effect, binding in accordance with its terms on all
parities thereto.
B.
Copies of this Development Order 95- 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.
commissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call, the vote was:
AYES: Commissioner Constantine/. Commissioner Hancockl Commissioner Norris,
Commissioner Mac'Kie and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
21
, 199-L.
day of February
S
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ATTEST:
DWIGHT E.
of
IRMAN
BROCK ;:<:LERK
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APP VED AS TO r SUFFICIENCY:
7'Y"Y(;kl(! U~ /11 JwJiIj,./ ,Z
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
DOA-94-6/13085
Words underlined are additions; Words stn:ls][ tflrSBljfl are deletions.
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LEGAL DESCRIPTION
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The subject property'is 262.33 acres in area.
It is described as:
That-portion of the east 1/2 of Section 4. Township 50 S. Range 26 .E.
Collier County. Florida. located' north of the right-of-way for Davis
Boulevard (SR 5-856) and south of the right-of-way for Radio Road (SR
5-858). <,'
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Exhibit "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4927
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NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SU8SECTION 380.06(19), FLORIDA STATUTES
(SHORT FORM AS MODIFIED BY SWFRPC)
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed
change to a previously approved DRI be made to the local government, the regional
planning agency, and the state land planning agency according to this form.
1. I, WILLIAM R. VINES, the undersigned authorized representative of NationsBank
Land Trust #5222, 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 TWELVE LAKES development, which information
is true 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 to the Bureau of State
Planning, Department of Community Affairs.
/I'/~' ~I'
, Date I
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Exhibit "B"
2.
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Applicant:
Richard K. Bennett, Trustee
NationsBank land Trust #5222
865 Fifth Avenue. South
Naples, Florida 33940
813/262-0400
3. Authorized Agent: William R. Vines
Vines & Associates, Inc.
800 Harbour Drive
Naples, Florida 33940
813/262-4164
4. location: Collier County, Township 50S, Range 26E, Section 4
5. Provide a complete description of the proposed change. Include any proposed chenges to the plan
of development. phasing, additional lands. commencement date. buOd-out date. development order
conditions and r,quirements, or to the representations contained In elthe, the development order
or the Application lor Development Approval.
Indicate such changes on the project master site plan, supplementing with other detal7ed maps, as
appropriate. Additional information tn8y be requested by the Department or any feviewing agency
to clarify the nature of the change or the resulting Impacts.
The original Twelve lakes Development Order, adopted by Collier County
February 10, 1987, provided that if significant physical development has not
commenced within 5 years, development approval will terminate. On April 7,
1992. Collier County adopted an amended Twelve lakes Development Order
which extended the mandatory construction beginning date by 3 years.
Because of environmental constraints and various other problems, development
of the Twelve lakes project has not yet been initiated. It is now proposed that
the Twelve lakes Development Order be further modified by extending the
mandatory development initiation date an additional 2 years, and that the
estimated development phase duration, as initially approved and subsequently
extended by 3 years, be modified to reflect the additional 2 year extension.
No land is being added to or deleted from the approved Twelve lakes project.
No modification to the approved Twelve lakes Master Development Plan is
proposed.
6. List all the dates and resolution numbers (or other appropriate identification numbers) of aD
modifications or amendments to the originally approved DRI development order that havs been
adopted by the (ocal government. and provide a brief description of the prevIous changes. Has
the,e been 8 chang, In local government jurisdiction for any portion of the development slncs the
last approval or development order was issued? If so, has ths annsxing local govsrnment adopted
a new DRI development order for the project?
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Original D.O. approval: D.O. 87-1, Resolution 87-4, approval date 211 0/87.
Several wording adjustments requested by DCA were incorporated in the
originally approved D.O. via Resolution 87-110, adopted 5/19-87.
First D.O. Amendment: 0.0.92-3, Resolution 92-221, approval date 4/7/92.
Resolution 92-220, adopted 4/7/92, determined that the first D.O. amendment
did not constitute a substantial deviation requiring further DRI review.
The first D.O. amendment extended the mandatory project construction be-
ginning date from February 10,1992 to February 9,1995; made correspond-
ing adjustments to the development schedule estimates which are incorporated
in the ADA; eliminated a previously approved temporary sewage treatment
plant site from the approved Master Development Plan because County
sewerage is now available to the project; adjusted the previously approved
phase boundaries so as to incorporate the former sewage treatment plant site
in Phase I of the residential development.
There has been no change in local government jurisdiction for any portion of the
project since the original D.O. was adopted.
7. Describe any lands purchased or optioned within 1/4m,7e of the original DRI site subsequent to the
original approval or issuance of the DRI development order. Identify such land, its size, intended
use, and adjacent non-project land uses within 1/2 ml7e on a project master sits plan or other map.
No additional lands have been purchased or optioned subsequent to the original
D.O. approval.
8. Does the proposed change result in B change to the build-out date Of any phasing date of the
project? If so, indicate the proposed new bUl7d-out or phasing dates.
The proposed change will modify the estimated phasing dates in the following
manner:
Phase
Total
Dwellinq Units
Commercial Area
Duration
II
19~9}?,"19~!;
1993-96"199&98
W,",,' """_':'
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269
o
207
III
1994gZ"-lS&7- 6QQJ~
19%5S"+WS 2'002
>_""cc,..: ",;,;y.?;"".".,;.,
o
301
11.25
IV
232
V
19S5f'QQ,J;"20fH.Q3
TOTAL
301
o
1,310
11.25
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9. Will the proposed change require an amendment to the local government comprehensive plan? If
so, provide the foHowing for Incorporation Into such an amended development order, as pursuant
to Subsections 380.061151, F.S., and 9J-2.025, Florida Administrative C<Jde:
a.
An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI;
b.
Pursuant to Subsection 380.06It9)(f1, F.S., Include the precise language that is beIng
proposed to be deleted or added as an amendment to the development order. This
kJnguage should address and quantify a' proposed specific changes to the nature,
phasing, and buDd-out date of the deveJopfTHInt Including: revised development order
conditions and requirements; changes or additions to commitments and
representations In the Application for Development Approval; additions or deletions
to the acreage attributable to each descrlbed proposed change of land use; lncludlng
open space, afess of preservation, IInd grHn belts; changes, additions or deletions to
the type or amount of structures; other proposed Improvements, Includlng locations,
square footage, number of unlts; and other major characteristles or components of the
proposed change; and
c.
Include an updated legal descrlptlon of the property, If any project acreage is beIng,
or has been, added to or deleted from the prevlously approved plan of
development.
The proposed change will not require an amendment to the Collier County
Comprehensive Plan.
1 O. As applicable, lnclude a proposed amended development order deadllne for commencing physlcal
development of the proposed changes.
It is proposed that the Development Order deadline for commencing physical
development be extended from February 9, 1995 to February 9, 1997.
11 . If the proposed changes would necessitate alteratlon of the adopted development order terminatlon
date, include II proposed development order tsrminstion date which reflects the time ,equlred to
complete the development. Descrlbe andjustify the proposed development order termination date.
The development phasing schedule indicates that development will be
completed in the year 2001. It is proposed that the development phasing
schedule be modified to indicate that development will be completed in the year
2003.
1 2. Include a proposed amende'd development order date until which the local government agrees that
the changes to the DRI shaH not be subject to down-zonlng, unit denslty reductlon, or lntensity
reduction, if applicable.
It is proposed that the Development Order not be subject to down-zoning, unit
density reduction, or intensity reduction for 10 years from the date of approval
of the original D.O., as opposed to the current 8 years from the original date
of approval.
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13. Include IIny proposed llmended development order sPllclficlltlons (or the IInnual report. Includlng
the date o( submission. contents. IInd pllrtJes to whom the '"port Is submitted liS specfflBd In
Subsection SJ-2.025f7J. F.A.C.
No changes are proposed for any of these items.
The sections of the previously amended Twelve lakes Development Order 92-3 which
contain proposed changes follow, with the proposed deletions indicated by 5tfil<<l
tllreugh, and the proposed additions indicated by ~JE(9Jm
A. The previously amended phasing schedule of the Application for Development
Approval, Exhibit "B" to Development Order 87-01, shall be further amended
to read as follows:
Phase
Total
Dwellinq Units
Commercial Area
Duration
II
19~~c 1994lfh
1993&19~~
199497q.9&7- ~OOO
,,,.,,.....;4 _;';';'u;-;-;.A
11.25
269
o
207
o
III
301
IV
19%9g~f999. 2n02
>;';'K;.* ::>,,;';';,;';w;.>"''':
232
o
V
1993 2'0'0;'1}.209-l<l3'
:;.:.,>}",~ <<<<d/-:
o
301
TOTAL
1,310
11.25
B. Previously amended Item 3 at Page 3 of D.O. 92-3 shall be further amended to
read as follows:
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 Collier County within eight (8) ~lg;,gl years, 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.
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C. Previously amended Item 7 at Page 3 of D.O. 92-3 shall be further amended to
read as follows:
7. The Board of County Commissioners agrees that this project shall not be
subject to down-zoning, unit density reduction or intensity reduction for a
period of eillllt (8) ~ years from the date of approval of this project,
unless the local government can demonstrate that substantial changes in the
conditions underlying the approval of the Development Order was based on
substantially inaccurate information provided by the Developer, or that the
change is clearly established by local government to be essential to the public
health, safety or welfare.
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