Resolution 2011-177/DO 2011-04
DEVELOPMENT ORDER NO. 2011- 04
RE.SOLUTION NO. 20ll---D..7
A RESOLUTION AMENDING DEVELOPMENT ORDER 2000-01,
RONTO LIVINGSTON DRI, A DEVELOPMENT OF REGIONAL
IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF
EXPIRATION DATE AND EXTENSION OF BUILD OUT DATE,
RENAMING DRI TO TUSCANY RESERVE DRI, AND CHANGING
THE REPORT TO BIENNIALLY; SECTION TWO: FINDINGS OF
FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION
FOUR: EFFECT OF PREVIOUSL Y ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN
EFFECTIVE DATE. THE PROPERTY IS LOCATED IN SECTIONS 7
AND 12, TOWNSHIP 48 SOUTH, RANGES 25 AND 26 EAST IN
COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 2000-01 (the "Development Order") by Resolution 2000-26 on January 25,
2000, which approved a Development of Regional Impact (DRI) known as Ronto Livingston
DRI; and
WHEREAS, in accordance with Section 380.06(19(c), F.S., as approved by the Florida
Legislature in 2007 and 2010, a three-year and two-year extension to the expiration date and
projected buildout date was given to this DRI; and
WHEREAS, on January 31, 2011, KE Tuscany Reserve Properties, LLC, a Delaware
limited liability company, ("Tuscany"), acquired the Ronto Livingston property and filed a
Notice of Proposed Change on April 15, 2011; and
WHEREAS, on June 10, 2011, Developer provided written notice to County that it was
availing itself of the automatic four year extension provided in Chapter 2011-139, Laws of
Florida to further extend the buildout date and the expiration date; and
WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing KE
Tuscany Reserve Properties LLC, petitioned the Board of County Commissioners of Collier
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County, Florida to amend the Development Order by extending the buildout date, setting an
expiration date, and renaming the DRI to Tuscany Reserve DRI; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
petition on July 7, 2011; and
WHEREAS, on September 27, 2011, the Board of County Commissioners, having
considered application of proposed changes to the Development Order and the record made at
said hearing, and having considered the record of the documentary and oral evidence presented
to the Collier County Planning Commission, and report and recommendation of the Collier
County Planning Commission, the report and recommendation of the Collier County Planning
Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby
approves the following Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS OF DEVELOPMENT ORDER 2000-01
A. The DR! is hereby renamed to Tuscany Reserve DRI and all references to Ronto
Livingston in Development Order No. 2000-01 are deleted and replaced with Tuscany Reserve.
B. Conclusions of Law, Sections 3.K., 11., and 2., 4. and 5., which follow Section
11., of Development Order 2000-01 are hereby amended to read as follows:
11. PUD DOCUMENT
j\. There is a PUD document (Ordinance No. 2000 01) approved by the
Board of County Commissioners on JaH1:lafY 26, 2000, 'Nhieh also governs
the Ronto Livingston Community. Ronto aclrnowledges that the
conditions and commitments of the PUD document also govern the
Development and use of the property 'Nithin the Ronto Livingston
Community, even though the PUD doc\:lment (Ordinance No. 2000 01) is
specifically not made a part of this Development Order.
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11. SUCCESSOR DEVELOPER
On January 31. 2011. Tuscany purchased the Ronto Livingston DRI property.
deed recorded at OR Book 4648. Page 828. el seq. - Official Records of Collier County.
Florida. On April 15. 2011. Tuscany filed a Notice of Proposed Change to the DRI
approval. Tuscany also filed for an amendment to the Collier County Planned Unit
Development ("PUD") document Ordinance Nos. 03-28 and 04-47 which governs the
development of the property also lrnown as "Tuscany Reserve". Tuscany acknowledges
that the conditions and commitments of Tuscany Reserve PUD as it exists and as it may
be amended also governs the development and use of the property. even though the PUD
document is expressly not made a part of this Development Order.
2. The original proiected buildout date of January 25. 2007 received
automatic extensions to January 25. 2012 by operation of law in Section 6. Chapter 2007-
204. Laws of Florida and Section 46. Chapter 2010-147. Laws of Florida. On June 10.
2011. Developer provided written notice to County of its intent to extend the DR! another
four years under Chapter 2011-139. Laws of Florida. Notwithstanding any other time
periods listed in the original Development Order or Application for Development
Approval. the Proiect buildout date shall be January 24. 2021. This Development Order
shall terminate and the DRI shall expire on January 24. 2029. remain in effeet for fifteen
(15) years from the date of Rdoption.
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt
from down-zoning or intensity or density reduction until January 24. 2029 for a period of
ten (10) years from the date of adoption of the Development Order, subject to the
conditions and limitations of said Subsection of the Florida Statutes.
5. The Developer, or its successor(s) in title to the subject property, shall
submit a report bienniallyannually, commencing twoeae year~ from the effective date of
this Development Order, to the Board of County Commissioners of Collier County, the
Southwest Florida Regional Planning Council, and the Department of Community
Affairs. This report shall contain the information required in the applicable section of the
Section 9J2.025(7), Florida Administrative Code. This report shall be prepared in
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accordance with the "DRI Monitoring Format", as may be amended, provided by the
SWFRPC. Failure to submit the biennial annual report shall be governed by Section
380.06( 18), Florida Statutes.
SECTION TWO: FINDINGS OF FACT
A. That the real property constituting the Tuscany Reserve DR!, which is the subject
of the proposed amendment, consists of approximately 461 acres, 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)(e)1., Florida Statutes.
The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the
State Land Planning Agency and Collier County as required by Section 380.06(19)( e) 1. This
Section also provides "A Notice of Proposed Change ... that involves an extension of the
buildout date of a development, or any phase thereof, of less than five years is not subject to the
public hearing requirements of f(3) and is not subject to a determination pursuant to
subparagraph f(5)."
C. A review of the impact generated by the proposed changes to the previously
approved development has been conducted by the County's departments.
D. The Regional Planning Council notified the County in June, 2011 that the
proposed changes do not create additional impacts.
E. 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.
F. A summary of the buildout dates and expiration dates is as follows:
Buildout Expiration
Original Date
1/25/2007
1/25/2015
2007 Extension - 3 years
380.06(19)(c), F.S.
1/25/2010
1/25/2018
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2010 Extension - 2 years
Section 46, Chapter 2010-147,
Laws of Florida
1/25/2012
1/25/2020
2011 Extension - 4 years
380.06(19)(c), F.S.
1/25/2016
1/25/2024
Proposed 4 years 364 days
1/24/2021
1/24/2029
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order do not
require further development-of-regional-impact review.
B. The proposed changes 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.
C. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth 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.
E. The proposed changes do not constitute a substantial deviation pursuant to
Section 380.06(19)(c) which provides... "an extension of five years or less is not a substantial
deviation." Pursuant to Section 380.06(e)l, it is not subject to the public hearing requirements of
380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANS MITT AL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 03-01 shall remain in full force
and effect, binding in accordance with the terms on all parties thereto.
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B. Copies of this Development Order 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 favorable vote.
Done this 27th day of September, 2011.
A(~'sf;~:?1' '"
DWIGHT E:a1tQCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, Chalrm
Approved as to form
and I al sufficiency:
eidi Ashton-Cicko
Assistant County Attorney
Section Chief, Land Use/Transportation
Attachment: Exhibit A - Legal Description
CP/lI-CPS-01094\29
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"Collier County NOPC
hh:1bit 1"- Legal Descrip'tioll
LEGAL DESCRJPIIQIS:
1. Parcel A: North one-half of the Northeast one-quarter of Section 12. Townsbip 48 South,
Range 2.5 East. Comer County, Florida, less: the portion conveyed to Collier, County,' a
political subdivision of the State of F1 orida. by Warranty Deed ref;orded !rme 22. 2002, in
the Official Records of Collier Couaty. Florida at O.R. Book 2689. Page 5%8.
Together with:
Parcel B; All of Section 7, Township 43 South, Range 26 East, Collier County, Florida,
lying West o{tbe InterstareHIgbway 75, right-of-way.
PARCEL A and PARCEL B: TOOETIIER BEING MORE PARTICULARLy
DESCRIDED AS:
A parcel of land lying 10 Section 7, Township 43 South, Range 26 East,. and in Section
12, Township 48 Soum. Range 2.5 East, in Collier County Florida, and being more
particularly described as follows:
BEGINNING Sl N:orthwest Comer of. ~ectioo 7, Township 48 South, Rang 26 East ruD
thence along the North boundary of fife Nortbwest one-quaner (114) of said' Section 7,
S.89'SZ'09"a 2420.80 feet to a point on the Westerly right-<lf-way line of Interstate
ffighway 7S (324' Right of way); thence along said Westerly right-of-way line for the
fOllowing three (3) courses 1) S.19"30'43"E. 2329.79 feet to a point of curvature; 2)
Southerly. 1892.B7 feet along tbe arc o.f a .curve to the right having a radius of 5561,58
feet and a central angle of 19'25'46" (chord bearing _S.Q9'46'20"E., 1883.77 feet); 3)
5.00.01 '57''E. 1243.42 feet to a poiot on the South boulldazy of tIle Southeast one-quarter
(I/4) of said Section 7; thence along said SOUID boundary N.89'lO' l'''W., 844.32 ket;
thence along t.be South boundary of the Southwest one-quarteT (1/4) of said Section 7.
N.89'lO'2S'W.. 2627.43 feet to the Sou'thwest comer of said Section 7; thence along d:Jc
West boundary of the Southwest one..quarter (1/4) of said Section 7, N.W3Z'28"W.,
2623.13 feet; thence along the West boundary of the Northwest qne-quarter (1/4) of said
Section 7. N.OO'30'2J"W.. 13 J4. 18 feet; thence along the Southerly boundary of the
North one-half (112). of the Northeast one-quarteI (114). of said Section 12, Township 48
South. Raoge 25 East, S~89"21 '50''W., 2.599.53 feet to B. point OD the Easterly right-of-
way line of Livingston Road; thence along said Easterly right-of-way line
N.OO'Z4'4T"W., 1316.68 feet to a point on tbe North boundary of the North one-half
(112) of tbe Northeast on-qomer (1/4) of said Set'1ion 12;, thence aIong said North
boundary, N.89'2j'08''E., 2597.37 feet to the POINT OF BEGlNNING.
Containing 461.29 acres, more or less.
Exhibit A