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Resolution 1992-221/DO 92-3 At'K1L J, .l:;l:;t,- RESOLUTION 92- 221 DEVELOPMIlNT ORDER 92- 3 A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1 OF THE TWELVE LAKES DEVEI~PMENT OF R!GIONAL IMPACT (DRI)" AS PREVIOUSI,Y AMENDED BY RESOLUTION NUMBER 87-110 BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULI: BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPEOVAL; SECTION ONE B, AMENDING THE GENERAL CONSIDEF~TIONS SECTION; SECTION ONE C, AMENDING OTHER SEC'l'IONS WITHIN THE DEVELOPMENT ORDER RELATING Tel THE REQUIRED DATE FOR COMMENCEMENT OF CONS:'l'RUCT!ON AND TERMINATION DATE FOR THE PR03ECT; SI:CTION TWO, FINDINGS OF FACT; SECTION THREE, CONCI~SIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSI,Y ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AIm EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 87-1, which approved a Development ot Regional Impact (DRI), known as Twelve Lakes on February 10, 1987; and WHEREAS, as a result of changes requested by the Department of Community Atfairs, the Board ot County Commissioners approved Resolution Number 87-110, whicn amended the Twelve Lakes Development Order, on May 19, 1987; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reff!rence made a part of the Development Order; and WHEREAS, the real property which is the subject ot the Development Order is legally described ,md set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the, DRI property are des~rous of amending the Development Order; and WHEREAS, George R. Varnadoe, representing the C and S Souvran Trust co., Twelve Lakes, 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 . noo PAG, 97 Words underlined are additions; Words e~rHek-~ftreHqft are deletions. APRIL 7. 1992 "';.;. f'.., ',~tRegional Planning Council (SWFRPC:) and held a public hearing on the . petition on March 5, 1992; and WHEREAS, the Board of count~r Commissioners of Collier county has reviewed and considered the reports ot the SWFRPC and the Collisr County Planning commission and held a public hearing on the petition on - April 7, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF OOUNTY 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 Development Order 87-1, as amended tor Twelve Lakes is hereby amended to read as follows: Total Phase Duration ~!llina Units I 199911-1998ll 269 II 1999ll-199i!22 207 III 199ill-199411 301 IV 1999ll-1996ll 232 V 1995.2.J!.-19991QQ1 310 TOTAL 1,310 B. Conclusions of Law, Paragraph 13, Commercial Acres -0- -0- 11. 25 -0- -0- 11. 25 General Considerations, Local conditions, Subsection c., ot Development Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows: c. The development Phasing Schedule presented within the ADA, and as adjusted to date of development order approval ~ subseQUent aooroval of_ a Oevelooment Order amendment shall be incorporated as a condition of approval. If Development Order or amended Devl!looment Order conditions and Applicant Commitments incorporated within the Development Order ~ amended Develooment ~ to mitigate regional impacts, are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order or amended Develooment Order and this phasing schedule, as it mav have been amend~ then this shall be deemed to be a substantial deviation for the affected regional issue. c. Paragraphs 3 and 7 of an untitled section of Development Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows: BE IT FURTHER RESOLVED by the 80ard of County commissioners of Collier County, that: 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 five--tSt eiaht (8\ 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 installa.tion of utilities and facilities such as sewer and water line:3. This time period may be extended by the Board of County Commissioners upon request by the Developer in the e'/ent that uncontrollable circumstances delay the commencement of development. 7. The Board of Oounty Commissioners agrees that this project shall not be subject to down-zoniny, unit density reduction or intensity reduction for a period of 5 eiaht (8\ years from the date of approvnl of this project, unless the local government can demonlltrate that substantial changes in the conditions underlyin9 the approval of the development order w~s 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. SECTION TWO: FINDINGS OF FACT A. That the real propert:y 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 J.n accordance with Section 380.06(19), Florida Statutes. D. The applicant propOSElS the development of Twelve Lakes on 262.33 acres of land for a commercial and residential development as ducribed in Development Order (:7-1, as amended. E. A comprehensive revJ.ew of the impact generated by the proposed changes to the pre~'iously approved development has been conducted by the County I s depart.ments and the SWFRPC. F. The development is not in a area designated an Area of Critical State concern pursuant: to the provisions of Section 380.06, Florida Statutes, as amended. . 000 PIG, 99 . Words underlined are additions; Words e~~Hek-~ftreHgft are deletIons. ;~; Florida statutes, as amended. .~'.; .;' SECTION THREE: CONCLUSIONS OF LAW tl~'; .,r, , A. The proposed changes to the previously approved Development , APRIL 7, 1992 F. The development is not in a area designated an AraB of State concern pursuant to the provisions of section 380.06, Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida statutes. The scope of the development to be pursuant to this Developmant Ordar 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 Order 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 Land Development Regulations adopted pursuant thereto. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 87-1 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Develo~ment Order 92-___ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Managen.ent, and the Southwest Florida Regional Planning Council. C. This Development OrdeI. shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. ,. UCOmrl00 .Words underlined are additions;; Words e~rHek-~hre~9ft are deletions. Commissioner Goodnip;ht .Resolution and moved for its adoption, seconded by Commissioner Hasse APRIL7, 1992 offered the foregoing and upor. roll call, the vote was: NAYS: AYES: Calmissioner Goodnight, Camrl.l:sioner Hasse, Ccmnissioner Shanahan, Calmissioner Saunders and CamIissioner Volpe Done this 7th " .J~r.iJ a... , r ., ....~~" . . ,- GILES, .<'ft:RK ~: A~~: JA!lES C. ::,. ~ ;~jji'~:7"D'As. TO\'~RM.AND -- ,.';;,LEGAL ~PXC:r:ftNCY: ~ ",' '.~ ,. ... . , "~. i,}!!'.. . t:j;';aM~B M:n~~ .Jt_,-{ "J~~IS'rANT COUNTY ATTORNEY , lit:,. 1'::~~ ~~ !:rJ~~A-92-1/nb/7186 . ::f~\:. ~;,l.. . . day of . April , 1992. E.OARD OF ZONING APPEALS COLLIER C UNTY, FLORIDA EY: YLt MICHAEL J CHAIRMAN .1 UOOm:l01 ,. APRIL 7, 1992 , , .. ~...-....._.__._. ~-_.. .. LEGAL DESCRIPTION ." .f'" .The subje.ci .property .Is i62.33 acres in area, '. I t is described as: That.portlon of the east 1/2 of S~etlori II. Township SO S, Range 26 .E, Collier County, Florida., ioeated north of the right-of-way for Davis Boulevard (SR S-856) and south of the right-of-way for Radio Road (SR S-858). < Exhihit itA" . 000 P!f,,102 ,'.' '. . .-,