Resolution 1995-637/DO #09-6
DEVELOPMENT ORDER 95- 6
RESOLUTION NUMBER 95- 637
A RESOLUTION AMENDING DEVELOPMENT ORDER
NUMBER 85-2, AS AMENDED, OF THE VINEYARDS
DEVELOPMEllT OF REGIONAL IMPACT (DRI), BY
PROVIDING FOR: SECTION ONE, AMENDING THE
VINEYARDS MASTER DEVELOPMENT PLAN TO
ILLUSTRATE RELOCATION OF LAND USES AND
INGRESS/EGRESS POINTS; SECTION TWO,
FINDINGS OF FACT; SECTION THREE,
CONCLUSlOnS OF LAW; SECTION FOUR, EFFECT
OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRlNSMI'M'AL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Developnent Order 85-2 (the Development Order) on
May 7, 1985 which approved a Development of Regional Impact (DRI) known
as the Vineyards; and
WHEREAS, said Development Oder 85-2 was prev lously amended by
Development Order 90-6, approved .y the Collier Coun ';.y Board of County
Commissioners on October 23, 199 I; and amended by Development Order
91-6, approved by the Collier County Board of County Commissioners on
August 13, 1991; and
WHEREAS, the Application for Development A~proval (ADA) was
incorporated into and by refere ce made a part Ql' the Development
Order; and
WHEREAS, the real property wt Lch is the subject of the Development
Order is legally described and set forth in Exhibit "A" to the
Development Order; and
WHEREAS, Michel Saadeh, President and CEO C)f the Vineyards
Development Corporation, petitior d the Board of cO~lnty Commissioners
ot Collier County, Florida, to am. 1d the Development I)rder; and
WHEREAS, the Collier County >lannin9 Commission has reviewed and
:onsidered the report and recommendations of the Southwest Florida
Regional Planning Council (SWFRPC) and held a pubV.c hearing on the
petition on Octobel 19, 1995; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the rep,'rts of the SWFRPC and the Collier
County Planning Commission and held a public hearing on the petition on
November 14, 1995;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIOA THAT:
SECTION ONE: AMDlOMENT OF DEVELOPMENT ORDER
A. That Exhibit "C" (Map A-2, Master Plan) of Development Order
85-2, as amended, for the Vineyards DRI is hereby amended by replacing
said Map A-2 Master Plan with a new Map A-3 Master Plan (Exhibit "0")
reflecting land us changes and relocation of access points. Also
Exhibit "E" (Map 11-2, Master Plan> of Development Order 85-2 is hereby
amended by replacing said Map A-2 Master Plan with a new Map A-1 Kaster
Plan (Exhibit "F") reflecting land use changes.
SECTION TWO: FINIJINGS OF FACT
A. That the real property Nhich is the subject of the proposed
amendment is leg2 Uy described af set forth in Exhibit "An, attached
hereto and by ref~rence made a pat: hereof.
B. The application is in accordance with Se ction 380.06(19),
Florida Statutes.
C. The applicant submitted to the County a noti.ce of change to a
previOUSly approvf.1d ORI known as :::xhibit "B", and b~' reference made a
part hereof.
D. The applicant proposed the development ot Vineyards on
1,930.16 acres ot land for a commercial and residential development
described in Development Order 85-2, as amended.
E. A comprehensive revie\<' of the impact generated by the
proposed changes to the previo sly approved devc;lopment has been
--::onducted by the County's departmE ltS and the SWFRPC.
F. The development is not
Critical state Concern pursuant
Florida Statutes, c.s amended.
in an area desi9nated an Area of
:J the provisions of Section 380.06,
SECTION THREE: CONCLUSIONS OF LAW
A. The .proposed changes to the previOUSly apl'roved Development
Order as presented do not constitute a substantial ,leviation pursuant
to Section 380.06(19), Florida Stitutes. The scope '~f the development
to be permitted pursuant to this Development Order ~'.mendment includes
operations describr.~ in the Notic , of Change to a F. eviously Approved
DRI, Exhibit "B", lttached hereto md by reference ma'.le a part hereof.
B. The proposed changes tc the previOUSly approved development
are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previOUSly approved development
".,ill not unreasonaJ .ly interfere with the achievement of the Objectives
ot the adopted State Land Development Plan applicable to the area.
o. The propused changes to the previously approved Development
Order are consistent with the Colller County Growth Management Plan and
the Land Development Regulations adopted pursuant the,eto.
E. The propcsed changes to the previously ap(..'roved Develop1Dt3nt
Order are consistent with the State Comprehensive Plar..
are presumed to not constitute a
to subsection 380.06(19)(C), Florida
F. The proposed changes
substantial deviation pursuant
statutes.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER.
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 85-2, as amended,
shall remain in full force and effect, bindinq in accordance with its
terms on all parties thereto.
B. Copies .?f this Development Order 95-6/Ras.95-637shall be
transmitted immed1ately upon execution to the Department of community
Affairs, Bureau of Land and Water Manaqement, and the Southwest Florida
Regional Planning Council.
C. This Oe'elopment Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner Hancock
offered :he foreqoinq
Resolution and mo~'ed for its adoption, seconded by ccmnissioner
Norris
and upon r< 11 call, the vote td.S:
AYES: Commissioner Hancock, Commissioner Norris, Commissioner Constantine,
Commissioner Mac'Kie and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
d ,y of
November
1995.
14th
-'
, . . .: .~ ~ . . I . ..: . : . . . ': ",.
ATTEST:......,.: .:
nwIGHT E. .BROClt, C'",ERJ(
. ,
COMMIS
FLORIDA
CHAIRMAN
OVEn AS TO FORM AND
,
SUFFICIENCY:
, .
In'~ '~~Pbu~JA,;t
MARJ R M. STUD r
ASSISTANT COUNTY ATTORNEY
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DOA-95-3/bk/15537