Backup Documents 02/25/2014 Item # 8A 8A
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board; Please publish the following Normal Legal Advertisement on Friday,
Friday,January 31,2014,and furnish proof of publication to the attention of Kay Deselem,Principal
Planner in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive,
Naples,Florida 34104.
Originating Dept/Div: GMD/Planning&Zoning Person:Kay Deselem,Principal Planner Date: January 29,2014
Petition No.DOA-PL20120002856 WINDING CYPRESS DRI
Petitioner: DiVosta Homes,LP;do Chris Hasty;24311 Walden Center Dr Ste 300; Bonita Springs,FL 34134
Name & Address of any person(s)to be notified by Clerk's Office: Anita Jenkins AICP; 3.R. Evans Engineering, P.A.;
23150 Fashion Drive, Ste 24; Estero, FL 33928 and Richard D. Yovanovich, Esquire; Coleman, Yovanovich &
Koester,P.A.;Northern Trust Bank Building;4001 Tamiami Trail North,Suite 300;Naples,FL 34103
Hearing before. X BCC BZA Other
Requested Hearing date:Tuesday,February 25,2014. Based on advertisement appearing Al 611 before hearing.
Newspaper(s)to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes. No. if Yes, what account should be charged for advertising costs:
Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000;
Purchase Order Number:4500146769;Account Number:068779
Reviewed by:
Division Administrator or Designee Date
List Attachments: Resolution
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: Requesting Division Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
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FOR CLERK'S OFFIC USE ONLY:
Date Received: I 1 21 I Date of Public Hearing: 212' Date Advertised: 2, Lii
1
Revised 1/27/14
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DEVELOPMENT ORDER NO. 14-
RESOLUTION NO. 14-
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS
AMENDED, (DEVELOPMENT ORDER 99-4) FOR THE WINDING
CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF
RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY
INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44
ACRES TO 492 ACRES; BY INCREASING THE VILLAGE
CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES;
BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF
50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF
LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING THE
164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE
GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44
ACRES TO 840 ACRES; BY INCREASING BUFFERS,
WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180
ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE
TO DECEMBER 31, 2020 AND EXPIRATION DATE TO
DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN;
BY PROVIDING FOR SECTION TWO, FINDINGS OF FACT;
SECTION THREE, CONCLUSIONS OF LAW; AND SECTION
FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT .k
PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF
THE INTERSECTION OF TAMIAMI TRAIL EAST (US-41) AND �1
COLLIER BOULEVARD (CR 951) IN SECTIONS 26, 34 AND 35,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND
3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 1,928±ACRES. {DOA-PL20120002856J] .' „Do
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
No. 99-467 (Development Order No. 99-4), which approved a Development of Regional Impact
(DRI)known as the Winding Cypress DRI on December 14, 1999;and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and, by reference, made a part of the Development Order; and
Winding Cypress DRI'PUD-DOA-PL.20120002856 I of 9
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WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution No. 99-467 (Development Order No. 99-4) as
revised by Resolution 02-302 (Development Order 02-01); and
WHEREAS.the Development Order has been subsequently amended, to wit:
(i) Resolution No. 02-302 (Development Order No. 02-01). June 25, 2002;
(ii) Resolution No. 06-018 (to correct scriveners error), January 24, 2006; and
WHEREAS, Di Vesta Homes, LP, through its authorized agent, has filed a Development
Order Amendment (DOA) Application and Notice of Proposed Change to a Previously
Approved DRI (NOPC). which NOPC is attached hereto and incorporated herein as Exhibit B;
and
WHEREAS, the Collier County Planning Commission reviewed and considered the
report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on , 2014; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Winding
Cypress DRI: and
WHEREAS, at a public hearing held on , 2014, the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application and the NOPC, (b) the record made at the
aforementioned hearing, (c) the record of the documentary and oral evidence presented to the
Collier County Planning Commission, (d) the report and recommendation of Collier County
planning staff, and (d) the report and recommendation of the Southwest Florida Regional
Planning Counsel, the Board of County Commissioners hereby approves the following Winding
Cypress DRI Development Order amendments.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER.
A. The Findings of Fact Section of Development Order 99-4, as amended by Development Order 02-01
and Resolution 2006-18,the Winding Cypress DRI, is hereby amended to read as follows:
FINDINGS OF FACT
The real property which is the subject of the ADA is legally described as set forth in
Exhibit-A".
2. The application is consistent with Subsection 380.06(6), Florida Statutes(2013).
Winding Cypress DRIIPUD DOA-PL20120002856 2 of 9
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3. The Developer submitted to the County an ADA and sufficiency responses, hereby
referred to as composite Exhibit "B", which by reference thereto are made a part hereof
to the extent that they are not inconsistent with the terms and conditions of this Order, as
amended.
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact, as shown on the revised Master Plan attached hereto as Exhibit "C", and
consisting of 1,928 acres,which includes:
A. A total of 2300 2,854 residential dwelling units,on 488 492 acres.
B. A-Village Center Centers consisting of -10,000 50,000 square feet of Gross Floor
Area(GFA)of
fet ft!
• .. in addition to a clubhouse;
acres;
C. A. 23S 272 acres of lakes:
D.& 8-1-79 acres of right-of-way;
E. : 9 acres of recreational lands; and
F. 67 796 840 acres of preserves, and -1.89 219 acres of miscellaneous buffers, waterways,
canal,and FPL easements.
5. The development is consistent with the report and recommendations of the SWFRPC
submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development will not interfere with the achievement of the objectives of the adopted
State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been conducted
by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State Concern pursuant
to the provisions of Section 380.05, Florida Statutes,as amended.
9. The development is consistent with the current land development regulations and the
Growth Management Plan of Collier County,as amended.
10. The development is consistent with the State Comprehensive Plan.
B. Paragraph 2, `'Historical/Archaeological," of the Conclusions of Law Section of Development
Order 99-4, as amended by Development Order 02-01, the Winding Cypress DRI, is hereby amended to
read as follows:
Winding Cypress DR1/'UJD—'DOA-1'1.20120002856 3 of 9
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t A
2. BlBT0RlCAL6AKCBABOLOG|CAL
A. Archaeological sites 8CR706. 8[R707, 8CR788, 8CR709, 8CR790, 8CR791, 8CR792,
8C&793, 0CK794^ 8CR795 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shall be recorded ox `^Pn:oerv*,' on all appropriate p|o1x, site
plans,and the Master Development Plan for the Winding Cypress DRI.
B. In areas where the sites are located in the vicinity of proposed development, a buffer or
conservation easement averaging 25 feet in width, or equivalent protections, such as
temporary fencing or other structural barriers, shall be preserved or constructed around
the archaeological sites. Exotics removal within these are s shall be by hand labor.
C. The Developer shall cooperate with the Department of State, Division of Historical
Resources ("DHR") property oredcn1iu|ed investigators, whenever such access can be
reasonably accommodated.
D. If any additional archaeological/historical sites are uncovered during the proposed
development activities, all work in the immediate vicinity of such sites shall cease
immediately,and the Developer shall contact DHR,SWFRPC,and Collier County so that
a state-certified archaeologist can determine the significance of the findings and
recommend appropriate preservation and mitigation actions,as necessary.
E. All commitments made by the Developer within the /\D/\ and subsequent sufficiency
round information, related to historical and Archaeological Sites are hereby incorporated
by reference to the extent they are consistent with Paragraphs A -B above.
C. Paragraph 5, -transportation" of Development Order 99-4. the Winding Cypress DRI, is hereby
amended to read as follows:
5. TRANSPORTATION
A. The Developer, or its successor or assigns, shall be fully responsible for site related
roadway and intersection improvements required within the Winding Cypress DRI, including project
access points on CR 95 1 and D84\. The following p ject access points un\oCRV5| and US 41 shall be
located consistent with the Winding Cypress Master Plan, attached hereto as Exhibit"C", and constructed
consistent with Collier County and FDOT's permit requirements:
()) CR 951 at North Project Entrance
(2) CRA5) at South P ject Entrance
(3) US 41 at East Project Entrance
B. The Developer shall provide its proportionate share of the costs of necessary at grade
intersection improvements including, but not limited to,right of way. cost of signalization,turn lanes,and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
following significantly impacted intersections through DRI project build out ii+--2008 which is December
(I) U84\ mCRVj\/3Rg5|
(2) CR 951 at SR 84/Davis Blvd.
Winding Cypres DBKPUD-D0A-PL20|ZDO02856 4 of 9
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C Improvements to the facilities outlined in condition 5.8, above, shall be made at the time
that the intersection is expected to operate at worse than the level of service standard adopted in the
Collier County Comprehensive Plan or shall be programmed for construction within three years of that
time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a)
complete, b) under construction, c) the subject of a clearly identified, executed and recorded local
government development agreement consistent with Sec. 163.3220 through 103.3243, F.8~ ensuring
completion concurrent with the impacts of development: d) the subject of a binding commitment from
Collier County, ensuring completion concurrent with the impacts of development: e) the subject of a
binding commitment by the County in the current three years of the Capital Improvements Element: or t
the subject of a binding and enforceable commitment by the Developer to provide the improvement
concurrent with the impacts of development. Any combination of the above which ensures the
improvement to the facility is also acceptable, provided the SVVPRPC. Collier County, and DCA agree
that the combination meets the intent of the transportation uniform standards rule.
As an alternative to this requirement, the Developer may pay a "proportionate share
contribution", calculated consistent with the formula in Paragraph 9J'2.045(l)(h), P./\.C., to Collier
County for this improvement. The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be
provided through the Developer's payment of Collier County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed impnmvement, in accordance with the options listed in the paragraph above
are received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposed Change.
The proportionate share costs o[the necessary at-grade improvements usreferenced in
I this condition and condition 5.8.will hmeaiimficdby the payment of roads
Q. To determine the project impact on regional 0mi|ib*s, a* annual biennial monitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
of Economic Opportunity, and SWFRPC for review and approval. The first
monitoring report shall be submitted one year after the recorded date of the approval of the Development
| Order for the Winding Cypress DR!. Successive reports shall be submitted biennially thereafter
until build out of the p jecC
At a minimum, the report shall contain a summary of construction and development
activities to date, in the categories of development as recorded in the Development Order. In addition,
the report shall contain p.m. peak hour trip generation estimates and turning improvements at each of the
project's access points and the off-site intersections listed in Paragraph 2 above. The report shall also
provide a calculation of the existing level of service at the projects access points and the facilities listed in
Paragraph B above. Finally,an estimate of the level of development expected to be added by the project
for the forthcoming ycwrbj,viD be provided. The monitoring report shall identify the status of the road
improvements assumed to be committed and address any deviations from the identified schedule.
E. The Developer shall promote efficient pedestrian and bicycle movement within and
between the development's componeoo, and to adjacent properties as deemed necessary by Collier
County.
P. The Developer shall promote transit service through the inclusion of bus stops or other
appropriate transit access points in site design,consistent with Collier County transit plans.
G. The Developer may select one or more of the options listed in Paragraph C above to the
extent that options provide adequate commitments for improvements indicated above to significantly
Winding Cypress DNDPl)D—D{)A'9L20l20OO2856 5 of 9
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impacted regional roadways and intersections. Whatever options are exercised, however, shall be done
with the understanding that the following conditions shall be met:
(I) If anal biennial monitoring reports lead to the conclusion that one or more of
the regional intersections are operating at worse than the adopted level of service and the project is
contributing more that 5% of the adopted level of service capacity, then further building permits and
certificates of occupancy shall not be granted until the standards of the County's Concurrency
Management System have been met.
(2) The transportation impact to the intersections identified in Paragraph B above
shall be appropriately addressed consistent with the County's Concurrency Management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted regional roads and intersections.
1I. However Chaster 163 E S, has been amended to allow local governments throe h an
amendment to the comprehensive plan to remove transportation concurrency requirements. If
transportation concurrency is removed from the Collier County Growth Management Plan and the
County's Land Development Code,the developer would no longer be subject to these conditions and the
developer will process a Notice of Proposed Change and the developer may request to. use the
380.06(19)(e),P.S.,provisions to amend the DO to delete all concurrency related mitigation.
1. Within 180 days of the County's written request,the Owner shall convey to the County a
road easement for the road rr;ht of way needed for a section of Iienfield Road up to a width of 140 feet
free and clear of all liens and financial encumbrances. The road right of way shall be adjacent to the
Picayune State Forest and shall be in the location identified on the PUD Master Plan. The length of the
proposed 140' ROW reservation is approximate)y,6,000', extending approximately 830' north of the
Hacienda Lakes PUD southern section line and approximately 650' south of the Pica,une State Forest
southern section line. The County acknowledges that the area in which the road reservation is located is
designated preserve on the PUD Master Plan and is required to be a conservation area for purposes of the
project obtaining required state and federal permits. The County has agreed to be responsible for all
permitting and construction costs, including but not limited to noise mitigation, and mitigation costs
associated with permitting and constructing Benfield Road. The Owner and Developer shall not be
responsible to obtain or modify any state or federal permits related to the extension of Benfield Road.
Upon recordation of the road easement in the public records of Collier County, the Owner shall be paid
the fair market value of the road easement. The Developer shall disclose (in writing) to all property
buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway
corridor.
D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4, as amended by
Order 02-01,the Winding Cypress DRI, is hereby amended to read as follows:
6. VEGETAi'ION AND WiLDLIIFE/WETLANDS
A. The need for wildlife crossings and fencing designs for roadway crossings of the preserve
areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation
Commission ("FFWC")as part of the ERP permit process.
B. Review of State listed species and habitat impacts/mitigation shall be addressed in
coordination with FFWCC during the ERP permit process based on specific site plan
details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan
submitted on June 13, 1999, shall be implemented for the preserve area.
Winding Cypress DRI!PUI)-•DOA-PL20120002856 6 of 9
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C. A minimum of 776 84Q acres of wetland and upland enhancement preserve area shall
development; conmurvudonouyeme* shall brplaced
remain in conservation areas post a
over all conservation areas.
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\\^�9OD �ocum�n�,=o[D�v� � ent(}rdurO0'4uuameod*dbv Development Order
02-01,the Winding Cypress DTil, is hereby amended to read as follows:
\l. PUD DOCUMENT
There is a PUD document (Ordinance A24-5l4' ) approved by the Collier County Board of
County Commissioners on June 25, 2002 . , 2014, which also governs the Winding Cypress DRJ.
The Developer acknowledges that the conditions and commitments of the PUD Document also govern the
| development and use of property within Winding Cypress, even though the PUD Document (Ordinance
' 02 352014- ), is specifically not made a part of this Development Order.
SECTION TWO: FINDINGS OF FACT.
A. Tbcrou\ prop��ywhid� �nthuyubi�toy\himD*vn|opmon1On]m,, inc|uding�* \uinding
'
Cypress Addition, is legally described as set forth in Exhibit"A", attached hereto and by
reference made apart 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 a Previously Approved
DRI, marked as Exhibit 'B".and by reference made a part hereof.
D. The applicant's predecessor in interest proposed the development of Winding Cypress on
1920 acres of land for a mixed-use development consisting of residential, commercial
and golf club uses as described in Development Order 99-4.
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 Southwest Florida Regional Planning Council notified the County, in writing, th
at
the of Economic Opportunity and Southwest Florida Regional Planning
Council agree that r�c�nom8�u 0othis DBJdonctcneatmaoyuddibona1 regional impacts.
O. The buildout date shall be December 31, 2028. The Development Order shall remain in
effect until December 31,2025.
Winding Cypress DRJ/PUD—D8A'PL2O\2OVV2850 7 of 9
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SECTION THREE: CONCLUSIONS OF LAW.
A. The proposed changes to the previously approved Development Order as presented does
not constitute a substantial deviation pursuant to Section 38$.06(19Ke)2,1, Florida
Statutes. The scope of the development to be permitted pursuant to this Development
Order Amendment includes operations described in the Notice of Change too Previously
Approved DRI, Exhibit"B". 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 Order are consistent with
the Collier County Growth Management Plan, as amended. and the Land Development
Regulations adopted pursuant thereto.
G. The proposed changes to the previously approved Development Order are consistent with
the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS
AMENDED; TRANSMITTAL TO THE DEPARTMENT OF
ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 99-4 as amended by Development Order
02-21. and Resolution 06-18 shall remain in full fbrce and effect, binding in accordance
with its terms on all parties thereto.
B. Copies of this Development Order 14_ shall he transmitted immediately upon
execution to the Department of Economic Opportunity, 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 of the Board of County
Commissioners of Collier County, Florida, this day of , 2U/4.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Winding Cypress DR(/PUD-D0A'pL2O120002858 8 of 9
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Approved as to form and legality:
):(1\L'-k
Heidi Ashton-Cicko
Managing Assistant County attorney
Attachments: Exhibit A—Legal Description (from D.O. 02-01)
Exhibit B - Notice of Proposed Change
Exhibit C —Revised Master Plan
CP\I 3-CPS-01229\37
Winding Cypress DR IIPUD-DOA-111,20120002856 9 of 9
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New Dite ns In PlcicIng Design&
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1
ii
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,
and Sections 2 and 3 of i
Township 51 South,Range 26 East
iiii
Collier County,Florida.
(PARCELS"A"and"B")
1
All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
0
1
(for road right-of-way)and the west I00 feet(for canal right-of-way)therefrom;
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west
60.00 feet(for canal right-of-way);
i AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County, Florida;
0 Being more particularly describes as follows:
PARCEL"A": 1
BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida; i
thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said
! Section 2;
IIthence continuing along said line North 89°27'31"West 233.96 feet;
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41
^t' (Tamiami Trail);
r.t, thence North 20°14'55"East 2036.85 feet;
� thence North 69°45'0S"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
1 Section 2;
ithence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point f
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00°50'06"East 2614.26 feet;
i thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'$6"East 40.00 to a point on a line lying 100 feet east of and parallel to the west
line of Section 26; s
i thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18"East 2604.58 feet to a on
Sabal Palm Road,said line being 30.00'south of the north line of said Setiont26;the Southerly Right of Way line of
thence along said Right of Way line South 89°37'03"East 2541.99 feet;
i thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'00"4'00"East 2606.72 feet to the East Quarter Corner of said
Section 26; '
i thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
i thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter C
Section 2; Q Corner of said
thence continuing along said lint South 00°40'46"West 2750.15 to the Southeast Comer of said Section 2 and the
POINT OF BEGINNING of the parcel herein described(PARCEL"A");
Parcel Contains 19222 acres more or less. iI
Bearings are based on the restrictions
ast half of threservations outh line of Section 2 being North 87°02'48"West.
iv
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il i Description of Part of Sections 26,34 and 35 of
Township SO South,Range 26 East,and Sections 2 and 3 of
Township 51 South,Range 26 East Collier County,Florida.
.r. (PARCELS"A"and"B")Continued;
1
PARCEL"B": ALSO INCLUDING THE FOLLOWING:
COMMENCING at the Southwest Corner of said Section 26;
III thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet; 4
thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of
111 Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL'B");
thence along said line South 00°52'55"West 1110.23 feet;
thence leaving said line North 89°07'05"West 539.68 feet; 1
1. thence North 35°39'05"East 175.97 feet; t
Illthence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
II (PARCEL"B").
Parcel Contains 5.7 acres more or less.
Subject to easements,restrictions and reservations of record.
I1 Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West
Total parcel(including Parcels"A"and"B")contains 1927.9 acres more or less.
It WILSONMILLER, INC.
Registered Engineers and Land Surveyors
Certificate of authorization#LB-43.
1
By: i� , ,
I Michael.H. Maxwell,PSM '650
1
Not Valid unless embossed with the Professional's seal.
II Ref 4E-50
W.O.: No506-000-000-MABSI
Date: October 15, 1999
1 Revised: January 13,2000
I
I
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1 8 II A
Ill
I FORM DEO-BCP-PROPCHANGE-1
Rule 73C-40.010,FAC.Effective 11-20-90
(Renumbered 10.01-11)
I
STATE
E OF FLORIDA
I DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY PLANNING&DEVELOPMENT
The Caldwell Building,MSC 160
107 East Madison Street
ITallahassee,Florida 32399
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
I DEVELOPMENT OF REGIONAL IMPACT(DRI)
SUBSECTION 380.06(19),FLORIDA STATUTES
I 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 1. I, 'cL 4.4 ASTI ,the undersigned owner/authorized
P representative of DiVosta Homes,LPs,herely give notice of a proposed change to a
(developer)
Ipreviously approved Development of Regional Impact in accordance with Subsection
380.06(19),Florida Statutes. In support thereof,I submit the following information concerning
I the WINDING CYPRESS development,which
(original¤t project names)
Iinformation 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, ,
I (local government)
to the Southwest Florida Regional Planning Council,and to the Bureau
I of Local Planning,Department of Community Affairs.
OF
I G gil 1 3
-°0
Date Si �,., e
II
2. Applicant(name,address,phone).
3
I Exhibit B
Page_of at 6
AIM
8 A 1-i
, i
‘ir DiVosta Homes,LP
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
1 (239)248-5309
3. Authorized Agent(name,address,phone).
Richard Yovanovich,Esq.
Coleman Yovanovich&Koester,P.A.
4001 Tamiami Trail N.,Suite 300
I
Naples,FL 34103
(239)435-3535
I 4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
Collier County,T50 South,R26 East,Sec.35 and T51 South,R26 East,Sec.2.
I5. 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,
I development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
I 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 impacts.
Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No.
99-467 and Development Order 99-4. On the same date the property was rezoned to
I PUD by Ordinance 99-93. The developer requested amendments to the PUD which
were approved on June 25, 2002 by the Board of County Commissioners through
Resolution No. 02-302 and Development Order 02-01. A scriveners error was
I corrected in 2006 through Resolution 2006-018
The Winding Cypress DRI consists of 1,928 acres of land located in Collier
County between U.S.41 (to the south),C.R.951 (to the west),Sabal Palm Road (to
I the north) and Picayune Strand State Forest and Naples Reserve(to the east). The
purpose of this application is to amend the PUD, which will contain the following
changes:
I a) An increase in residential dwelling units from 2,300 to 2,854 on 492 acres of
land (previously 448 acres). Both Single Family and Multi-Family units (as
defined by Collier County. The gross density will be a maximum of 1.4 UPA.
I b) An increase in the acreage of lakes will be from 235 acres to 272 acres.
c) A reduction in the amount of golf course,golf club,golf course maintenance
and practice range from 164 acres to 0 acres. 18 holes, one clubhouse, one
I maintenance facility,and one practice range were removed, resulting in the
complete removal of golf as a use.
d) An increase of 44 acres in preserve area,for a total of 840 acres.
e) Buffers,waterways,canal and FP&L easements are increased from 180 acres
to 219 acres.
f) The build-out date will change to 2020.
2
I Exhibit B
Page .a of 2,6
, ! 8A
i ,
I
ilio 6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no
change.See attached Chart
I7. List all the dates and resolution numbers(or other appropriate identification numbers)of
all 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 changes(i.e.,any information not already addressed in the Substantial Deviation
Determination Chart).
IDATE WINDING CYPRESS APPROVED BY BCC 12/14/99
RESOLUTION NUMBER 1999-467
IA Winding Cypress amendment was filed that reduced the number of units from 2,892
to 2,300,reduced the golf from 45 holes to 18 holes,and increased the preserve area
I from 713 acres to 796 acres.
DATE AMENDMENT FILED 3/18/02
DATE APPROVED BY BCC 6/25/02
IRESOLUTION NUMBER 2002-302
Planning staff determined that the approved Resolution 2202-302 was not revised to be
I consistent with the PUD document that removed references to specific numbers for the
different residential dwelling unit types as was Intended.
SCRIVENER'S ERROR CORRECTED 1/24/06
0 RESOLUTION NUMBER 2006-18
Has there been a change in local government jurisdiction for any portion of the
Idevelopment since the last approval or development order was issued? No.
If so,has the annexing local government adopted a new DRI development order for the
iproject?N/A
8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site
subsequent to the original approval or issuance of the DRI development order. Identify
Isuch land, its size, intended use, and adjacent non-project land uses within 'A mile on a
project master site plan or other map.
I N/A.
9. Indicate if the proposed change is less than 40% (cumulatively with other previous
1 changes)of any of the criteria listed in Paragraph 380.06(19)(b),Florida Statutes.
I I
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19)(e)2.,F.S.
YES NO X
3
I Exhibit B
Page,,,,, of 1,
t 8 A .
. ,
I
10. Does the proposed change result in a change to the build-out date or any phasing date of
I the project? If so,indicate the proposed new build-out or phasing dates.
Yes.The project includes six phases and the build-out date will change to 2020.The
DRI expiration date has been revised to December 31,2025
I11. Will the proposed change require an amendment to the local government comprehensive
plan?
I No.
Provide the following for incorporation into such an amended development order,
Ipursuant to Subsections 380.06(15),F.S.,and 9J-2.025,Florida Administrative Code:
12. An updated master site plan or other map of the development portraying and
I distinguishing the proposed changes to the previously approved DRI or development
order conditions.See Attached Master Plan
I 13. Pursuant 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: See attached proposed amendment to the
Idevelopment order.
a. All proposed specific changes to the nature, phasing, and build-out date of the
0 development;to development order conditions and requirements;to commitments
and representations in the Application for Development Approval; to the acreage i
attributable to each described proposed change of land use, open space, areas for
I 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;
IThe proposed changes to the Winding Cypress DRI involve removing Golf as
an approved use, increasing the number of residential units from 2300 to
I 2854 and changing the build-out date to 2020. The following land use
summary depicts the proposed changes:
IILand Use Proposed Acres . Existing Acres
IResidential 492 448
Village Center 17 15
Lake 272 235
1
I )0 Right-of-Way 79 81
i
Recreational 9 9
4
I Exhibit B
Page 4 of 1 6
...............
8 A '..
I
lie Preserve 840 796
Miscellaneous,Buffers,Waterways, 219 180
ICanal and FPL Easements
Golf Course,Golf Club,Golf Course 0 164
Maintenance and Practice Range
Total 1928 1928
I
I
I
b. An updated legal description of the property, if any project acreage is/has been
I added or deleted to the previously approved plan of development;
See attached legal description
P c. A proposed amended development order deadline for commencing physical
development of the proposed changes,if applicable;
N/A.
d. A proposed amended development order termination date that reasonably reflects
the time required to complete the development;
I The build-out date has been extended to 2020 and the DRI expiration date to
2025
I e. A proposed amended development order date until which the local government
agrees that the changes to the DRI shall not be subject to down-zoning, unit
density reduction,or intensity reduction,if applicable;and
I N/A.
f. Proposed amended development order specifications for the annual report,
including the date of submission, contents, and parties to whom the report is
lisubmitted as specified in Subsection 9,1-2.025(7),F.A.C.
The specifications for the annual report have been revised to reflect a
1 biennial timeline.
5
i Exhibit B
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140
1
1 RESOLUTION NO.2013-
DEVELOPMENT ORDER NO.2013
IA RESOLUTION AMENDING DEVELOPMENT ORDER NO.94-4
AS AMENDED BY DEVELOPMENT ORDER 02-01, FOR THE
1 WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT
("DRP')BY PROVIDING FOR AMENDMENTS TO INCREASE THE
NUMBER OF RESIDENTIAL DWELLING UNITS;TO ELIMINATE
THE ACREAGE OF THE GOLF COURSE AIORRESPONDING
I NUMBER OF HOLES; TO INCREASE,: AMOUNT OF
PRESERVE AREA AND BUFFERS WA s-r WAYS,CANALS AND
FP&L EASEMENTS, AND TO 0S"�'."AMA; THE
HISTORICAUARCHEOLOGICAL ' SECTIOtt, THE
I TRANSPORTATION SECI-10tfrf THE VEGTATION AND
WILDLIFE/WETLANDS SECT AND THE PUD D( NTS
SECTION; TO PROVIDE 1 . FIND t.GS OF "`VAT;
I CONCLUSIONS OF LAW; EFFEC`'IOF a`t=' OUSLY ISWED
DEVELOPMENT Op 'j'RANSMIft45*O DEPARTMENT t'}F
ECONOMIC OPPORnkinVoD EFFECTE.
DAT
WHEREAS,on ,, : 2, I99 >„ arron la�p�(n accordance with Subsection
380.06(6),Florida Sta : a 4fJApplicati i,T p � l(ADA)of a Development of
Regional Impact(DRi� wn as.:72,,,..g Cypr + Collier(unity and Southwest Florida Regional
�,w, s
IIIPlanning Council(�9 ,•ands k**
S,on 44'80.1999i tie of County Comnusstoneas,at an open public
hearing tit i�dance with iron 38O, Florida Statutes, having considered the Application for
Development oval of a D proem tti Regional Impact submitted by Develops;the report and
ii,.p
recommendations litthe S the record of the documentary and oral evidence presented to the
Collier County Plannrtt�om ;the report and recommendations of the Collier County Staff and
Advisory Boards;and the < z t",e at said hearing,issued Resolution No 99-467 and Development
Osier 99.4 approving the Wi :ng Cypress DM;and
IWHEREAS,on March 8,2002,George Varnadoe,on behalf of Barron Collier Company,Ltd.
I (hereinafter' "Developer"),the successor in interest to Barron Collier Company, and the owner and
developer of the Winding Cypress DRI,filed a Notice of Proposed Change("NOPC")requesting that the
Board of County Commissioners approve the following changes to the Winding Cypress DRt:an increase
in the number of residential units;an increase of 83 acres of preserve area;a reduction in the amount of
/1111
I Exhibit B
Page,j j,,,of.
i
8A . ,
I.
I
1 golf course uses by 18 holes,one clubhouse,one maintenance facility and one practice range;a redesign
and relocation of approved uses within the Winding Cypress Dill as depicted on the DR1 Master Plan
I marked "H-I" and the amendments to the terms and conditions of the Winding Cypress DRI
Development Order as approved below;and
I WHEREAS,the Collier County Planning Commission has reviewed the considered the report and
recommendations of the Southwest Honda Regional Planning Council(SWFRPC)and held a public
Ihearing on the NOPC on June 10,2002;and ,,
WHEREAS,on June 25,2002,the Board of Countrportunkadpners,at an open public hearing in
accordance with Section 380.06,Florida Statutes,considered the NOPCind approved the amendments to
I p....
the Winding Cypress DRI development Order aptj�.epprovod the revised*biding Cypress DRl Master
Plan,marked"H.1"by the adoption of Resolution 02402 and Development Order 02-01.
I
WHEREAS,on , Covanovnch,'00,behalf of Barron Collier Company,Ltd.
(hereinafter"Developer"), the owner r r of the ng Cypress DR1, Sled a Notice of
Proposed Change("NOPC')requesting that Board of County C }issioners approve the following
a°44�z i s„ ,>
changes to the Windi i R.: ant a of residential units; an increase of
_acre's of preserve t; a redeaiqfyind reloc ti of approved lines within the Winding Cypress DRU
3 g
I as depicted on the DRI Muster Plan ed"H-1"and the amendments to the terms and conditions of the
Winding C Devel vet iw;and
�.;. opYt 'fit'°
I
'WHEREAS,the Boa of CouuntyCommissioners as the governing body of the unincorporated
area of Colts , `, ,ty having jt tion to Section 380.06,Florida Statutes,is authorized and
empowered to z, Applic for Development Approval(ADA)for Developments of Regional
impact and Notices of�ed ge(NOPC)thereto;and
^tea- �, '�'
s
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
Irequirements of the Collier County Zoning Ordinance have been satisfied;and
WHEREAS,the Board of County Commissioners passed Ordinance 2-35 on July 9,2002 which
111 rezoned the subject property to PUD and the Developer has requested the County to approve amendments
to the Winding Cypress PUD to conform with this DRI Development Order,and
Il
II
i
� I
IExhibit B
Page j, of,2 i
8A
I
•
1
1
WHEREAS,the issuance of an amended Development Order pursuant to Section 380.06,Florida
Statutes,does not constitute a waiver of any powers or rights regarding the issuance of other development
permits consistent herewith by the County or State;and
WHEREAS,on ,the Board of County Commissioners,at an open public hearing
in accordance with Section 380.06,Florida Statutes,considered the NOPC and approved the amendments
to the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master
Plan,marked"H•I"attached hereto as Exhibit"C".
NOW,THEREFORE,BE IT RESOLVED by the Boa rdTarCounty Commissioners of Collier
County,Florida that
SECTION ONE:AMENDMENTS TO DEVELOPT ORDER
A. The Findings of Fact Section of L ent Order 9994i as amended by Development Order 02-
` d as follows;.:
01 the Winding Cypress DRI,is hereby auii'•added#arhea
FINDINGS OF J,�y T , x
I. The re .,property W i#h is the eet of the ADA is legally described as set forth in
F,xhtbit"A",
The aptilidatlon is stent with'*gbsection 380.06(6),Florida Statutes(2013).
3 4^°`1�e Developer y�mitted'6ti-the County an ADA and sufficiency responses. hereby
'��,- thereto are made a part of
referred to as�ite Exhibit"B", which by reference
hereol't*,,t ex t'bat they aie not inconsistent with the terms and conditions of this
Order,as `
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact,as shown on the master Plan attached hereto as Exhibit"C",and consisting of
I1,928 acres,which includes:
rbrewttade red:(Default)rimes New Roman
noraraaladr intent aniline:0'
A. A total of 23932 854 residential dwelling units,on 467336 492 acres. ferenalaaar�nC( uses New Rumen
with a maximum crow density of 1.4 PoraaK0a6e Font(Default)Times recto Ram
Exhibit 13
Page j of
............................
t
Pei Ulm=
I
B. Village Cemter••Centers consisting of 0:9BH.Q QQQsquare feet of Gross Floor Area
(GFA)of
teereatienel-fseilities,in addition to a clubhouse;
D. S- acres of lakes:
B. 8-1-21acres ofright of-way;
F. 9 acres of recreational lands;and
G. 496-acres of preserves,and 4802ateitir 'Otiriscelltmeotc buffers,waterways,
canal,and FPL easements.
5. The development is consistent with•fbe report and recommeri44tipns of the SWFRPC
submitted pursuant to Subsection 380 06 ),Fttatutes.
6. The development will rrodftiti**ayith the Cachitement of the objectives of the adopted
State Land Development Plii applicable the area
7. A coMprehensive re @w of the inritgcnerated bYthe development has been conducted
by the app4Vate C91Mty dcpanme #and agencies and by the SWFRPC.
4.,44...p. The dmirkeiment irgtatt.in an metteeignited en Area of Critical State Concern pursuant
' to the provaines,of Se a;380.05,Florid Stags,as aincitded.
9. 'ffielevelopment comistens with the current land development regulations and the
' Ch ntiati nagetue Plan of Collier County,as amended.
10. The deve:lopMent is consistent with the State Comprehensive Plan.
f
B. Paragraph 2, "Historical/Archeological,"of the Conclusions of Law Section of Development
IOrder 99-4 as amended by Development Order 02-QI,the Winding Cypress DR!,is hereby amended to
read as follows:
I1
Exhibit B
Page.t.f..of,
11111111111111116,
1
1
8 A
' H]STORICAUARCHAEOLOGICAL
1 1. Archaeological sites 8CR786, .. : • t :CR791,8CR792,
8CR793,8CR794,8CR793 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shalt be recorded as"Preserve"on all appropriate plats,site
plans,and the Master Development Plan for the Winding Cypress DRI.
2. In areas where the sites are located in the vicinity of proposed development,a buffer or
conservation easement averaging 25 feet in witi#Air equivalent protections,such as
1 temporary fencing or other structural barriastitiodl be preserved or constructed around
the archaeological sites. Exotics removal within the sestreas shall be by hand labor.
1 3. The Developer shall cooperate otb the Department of Katy, Division of Historical
Resources ("DHR")property credet idled investif,ators,whetieter such access can be
reasonably accommodated.
4. If any additional atchaeologiettlfilistorical sites are uncovered during the proposed
p development activities, all work iri"the,Immedisielt#inity of such sites shall cease
innntedi t y J4lle Developerhball Ct SWI PC,and Collier County so that
a stakkh,tfied ar logist cao.1hotennine the significance of the findings and
recommmid*topruiepreservatiottnnd mitigation acts,as necessary.
'' All comisinpents t ie by the 4Dei oper within the ADA and subsequent sufficiency
i
round inforatt4r,reli*Tto historical and Archaeological Sites are hereby incorporated
kbv reference to tJ pextent the'are consistent with Paragraphs 1—4 above.
' C. Paragraph 5,"t�portatn$�q`f of Development Order 99-4,the Winding Cypress DRI,is hereby
amended to read as folloti r
TRANSPORTATION
I. The Developer or its successor or assigns shall be fully responsible for site related
roadway and intersection improvements required within the Winding Cypress DIU, including project
1 access points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be
located consistent with the Winding Cypress master Plan,attached hereto as Exhibit"C",and constructed
consistent with Collier County and FDOT's permit requirements:
160
Exhibit B
Page,, ,..of
,..
1 8A 1 4
I
•
I
1 (a) CR 951 at North Project Entrance
(b) CR 951 at South Prr.}ject.Entrance
I (c) US 41 at Ent Project Entrance
2. The Developer slap provide its proportionate share of the costs of necessary at grade
I intersection improvements including,but not limited to,right of way,cost of signalizatiorr turn lanes,and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
I following significantly impacted intersections through DR!p%lerkbuild out it►2968whrch is
I31.29211.
(a) US 41 at CR 951/SR 951
I (b) CR 951 at SR 84/Davis>3
3. improvements to the facilities outlined irtgctrr C.2,above,sta fl made at the time
that the intersection is expected to operate at worse than 111°,level of service standard adopted in the
Collier County Comprehensive Plan or s 4}I fie" aauaed or ct t)tmesn within three years of that
Po time No building permits for Phase 2 of d proje t q be tssu l nias the improvements are:on
,)complete,b)under comtttuit,c)the su1�of c1eai €t ntrf d,executed and recorded local
4
v.%^y vS'Er °�i xw.
government developrni t agreemeti nstste t ze ec 163.3'20.through 1633243, F.S., ensuring
completion concurrent wr �pf deveiopitilht,d)the subject of a binding commitment from
W,� .
Collier coal wtth�},impacts of development; e)the subject of a
* r
brndtn 4 b� c years of the Capital Improvements Element or f)
1 the subje of a binding..arielt4!'innforeAsithlomitment by the Developer to provide the improvement
concurrent
'''--*-1--'''‘``the impacts ofdevcloptrie$. Any combination of the above which ensures the
improvement to`L facility is als$�tk ccpteble,provided the S WFRFC,Collier county,and DCA agree
I that the combination's the in4Of the transportation uniform standards rule.
As an ai fo this requirement' the Developer rosy Pay a"proportionate share
contribution", calculated cons consistent with the formula in Paragraph 93 2 945(lxh), F.A.C„ to Collier
I County for Chris improvement The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate short contribution may be
1 provided through the Developer's payment of Collie County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed improvement,in accordance with the options listed in the paragraph above
1
III
I
I Exhibit B
Page 19 of it 6
8A
.....
i
to
I
Iare received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposal Change
I The pevportionate share costs of the necessaey at-u>rade improvements as referenced iQ
1 7 A.•..... ..1.1. • .'1 1 1.V .....--.4 :t..1w� :J t .,'.4t t !.rt.:'• • . t y.:.
I I
4. To determine the project impact on regional facilities,aag_annual--biettnialrnonitoring
report shall be submitted to Collier County,Florida Department of Transportation,Florida Development
1 of -Mains Economic Opportunity, and SWFRPC fbi.review and approval. The first
I monitoring report shall be submitted one year after the recorded dale of the approval of the De Development
zx»
IOrder for the Winding Cypress DM. Successive reports shall be submitted Iseristercaller
until build out of the project.
I At a minimum,the report shall iun a summary of consttuction and development
activities to date,in the categories of development°us recorded in the Development Ord, er. In addition,
the report shall contain p.m.peak hair trip generation a atimate ss and to nting improv es at each of the
I project's access points and the off ns listed in agra�ph 2 above. The report shall also
a �p�
provide a calculation of the existing level ofaaroice at the projects access points and the facilities listed in
Para 2 above FinaQ an estimate of"''level of development to be added by the project
tl� y� � by $
I for the forthcoming ya ill be p civided mo�s 'vpo S identify the status of the road ..
IP
1
improvements assumedtp be committed and address any deviations'titim the identified schedule
committed
5...y 4-e Developer silt edficten dertttrian and bicycle movement within and
a,
W5,.w a the levelopmelflus,�ts, and t t tcenc properties as deemed necessary by Collier
County•i x„h ,.
` "fie e.,EJ
T ..
6, TTht.Developer shit promote transit service through the inclusion of bus stops or other
Iappropriate transit acx rites ry e design,consistent with Collier County transit prang
7. The Developer may select one or more of the options listed in Paragraph 3 above to the
I extent that opGcns provide adequate commitments for improve ents indicated above to signif antly
impacted regional roadways and intersections. Whatever options are exercised,however,aliali be done
with the understanding that the following conditions shall be met:
I (a) The anneal-biennialmonitoring reports leers to the conclusion that one or more of
I
the regional intersections are operating at worse than the adopted level of service and the project is
r
16
I
i Exhibit B
Page,j„of,,
r
r
contributing more that 5%of the adopted level of service capacity,the further building permits and
certlfteates of occupancy shall not be granted until the standards of the County's Concurrency
Management System have been met.
(b) The transportation impact to the intersections identified in Paragraph 2 above,
' shall be appropriately addressed consistent with the County's Concurrency management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted r .roads and intersections.
D. Paragraph 6, "Vegetation and Wiledlife/Wetlands"q> DeS ment Order 99-4, the Winding
Cypress DRI,is hereby amended to read as follows: + a,
However.Chapter 163.F.A.has a'
peer tregl mended to remove traeisopttation concvrrerncv.
r..1:7t.Ls:t Ell Xi r. .Ark4 '. Lrtf Yip r f x t: 411a11,s AI, L'zrt.e-��+'tt � '.
County's Land Development Coda theifeyelpecr would no longer be subject to these conditions,
VEGETATION ANj)%yILDLIFEJW rfANDS
I. The '�drt (ife crossittpes and Mgrs br roadways crossings of the
preser'ste areas shalt,'`be e lvith the Florida Fish and Wildlife
Cansservati*coznmiistoa("FFWC")i part of the F.RP permit process.
€" Y "
Reviet4y State l*tad species`i )tabitat impacts/mitigation shall be addressed in
coordinatiotrivith FFWt during the ERP?permit process based on specific site plan
#''*,,details. At a atiitmum, tWdrall Preserve Area Wildlife/Habitat Management Plan
n
suntanned on 7unefit3,1949,shall be implemented for the preserve area.
3. A minirmatt4tifWg acres of wetland and upland enhancemem preserve area shall
remain in conservation areas post development;a conservation easement shall be plasm
deweeptaco over all conservatism areas.
4. Native landscaping shall be used to the greatest extent practical. The Project will meet
rthe criteria of Section 2.4.4.1. of the Collier County Land Development Code which
requires 75%of the required trees and 50%of the required shrubs to be native plaints.
I
Exhibit B
rrrrrll�wl��
Page of-026
, 1 8A
le
1 I 5. impacts to any gopher tortoise burrows shall be handled through the FFWCCakeanA4ar
Relocation Permit process.
I6. Upland and/or appropriate atmctural buffers will be provided per the SFWMD Basis of
Review.
IE. Paragraph 1),"PUD Document,"of Development Order 99-4 as amended by Development Order
IO2Ol the Winding Cypress DRI,is hereby amended to read as folle
PUD DOCUMENT I
There is a PUD document(Ordinance-WA-33 13- )*sprayed by the Collier County
IBoard of County Commissioners on +e2ir. ,' °'' 2013,which also$dvprns the Winding Cypress
DRI. The Developer acknowledges that the cordilugw and commitments of the PUD Document also
I govern the development and use of property within Wlng zC ss,even though.*PUD Document
(Ordinanco.8333 2013- ),is specsf folty ppt rde a p>dfO th s Development Or r.
SECTION TWO:FINDINGS OF FACT
A' The r .4 operty w)S is the su this Devt invent Order,including the Winding
ICypress ` on,is , at describe& s set forth in Exhibit"A",attached hereto and by
&: ¶ e aI k€ The appltcat is ins one with Section 380.06(19),Florida Statutes.
C. The''' `,applicant su4itted to the County a Notice of Change to a Previously Approved
IDill iced as> dt"B",and be reference made a part hereof
D, The applicant's predecessor in interest proposed the development of Winding Cypress on
1 1928 acres of land for a mixed-use development consisting of residential,commercial 1
and golf club uses as described in Development Order 99-4.
IE. A comprehensive review of die impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments and
Ithe SWFRPC.
lir
IExhibit B
Page „of IA
i 8 A
I
i
I
tF. The Development Order shall remain in effect until December 31,2025.
SECTION THREE:CONCLUSIONS OF LAW
t
A. The proposed changes to the previously approved Development Order as presented does
Iconstitute a substantial deviation pursuant to Section 380.06(1),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
IApproved DRI,Exhibit"B",by reference medtsltp*z*hereof
I B. The proposed changes to the previousl ,approved devl iment are consistent with the
report and recommendations of ttte`SWFRPC
IC The proposed changes to the previotcs`iy development opment will not unreasonably
interfere with the achievers i,.pf the objecetteeof the adopted State Land Development
Plan applicable to the area. ,y,
III D. The pro ddth es to the ouslyx lrpi"nved,Development Order are consistent with
the C e County t pwth Mani%Plan,asp"at ended,and the Land Development
Regulauo da opted scant the'et
I 4 gad
at,,
I
The pie ed chan�tg to the prevt „. approved Development Order are consistent with
the State Co " tvii�tan.
I �.
x :.
SECTION FOUR.Epi 'OF P OUSLY ISSUED DEVELOPMENT ORDER,TRANSMITTAL
TO DC",, r a.. DATE
fI A. Except as amended hereby,Development Order 99-4 as amended by Development Oar
02-01,shall remain in full force and effect,binding in accordance with its terms on all
patties thereto.
B. Copies of this Development Order 86J.i- shall be transmitted immediately upon
1 III Exhibit B
Page.24Z.of.,,g 4
I
I ;II
I
iI ftlimftingDcominivni of Economic Oonortunity, and the Southwest Florida Regional
Planning Council.
IC. This Development Order shall take effect as provided by law.
I
BE IT FURTHER RESOLVED that this Resolution be recorded in.0-Minutes of this Board.
IThis Resolution adopted after motion,second and muyontyaVta.
iDone this day of 2013.
ATTEST:
DWIGHT E.BROCK,CLERK ,Y .. -,,,.„,,. -
111110 , ... , „.
,,,,.,,,,,,,, , -..„, ,,,„,,,,A x
,-,- . ,,_,,.. k,,,,, ,,,,,:- ,..,. ,
,,,.1 Approved as to form and l su ictt y. BOARD OF COUNTY COMMISSIOMERS
ti,- COLLIER COUNTY.FLORIDA
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III B
Assistant Co► t ittomcy t
yCHAIRMAN
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I Exhibit B
Pagesal of,,
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I Description of Pent of'Sections 26,34 and 35 of
Township SO South,Range 26 East,
and Sections 2 and 3 of
Township 51 South,Range 26 East
Collier County,Florida.
(PARCELS"A"and"B")
I All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
(for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom;
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,Ides and except the west
60.00 feet(for canal nightrof-way);
I AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida;
I Being more particularly describes as follows:
PARCEL"A":
BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida;
thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said .
I Section 2;
thence continuing along said line North 89°27'31"West 233.96 feet; I
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41 E
(Tam Trail); 1
IP thence North 20°14'55"East 2036.85 feet;
thence North 69°45'05"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
• Section 2;
thence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point
on a line lying 60 feet east of the west line of said Section 35;
. thence along said line North 00°50'06"East 2614.26 fat;
I thence confirming along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and pemllel to the west
line of Section 26;
I thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of
Sabel Palm Road,said line being 30.00'south of the north line of said Section 26;
thence along said Right of Way line South 89°3703"East 2541.99 feet
I thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the But Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said
Section 24
i thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Sects 26;
thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence coattinning along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
I thence along the East Line of said Section 2 South 00°40'26"West 2801.59 fret to the East Quarter Corner of said
Section 2;
thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Cotner of said Section 2 and the
POINT OP BEGINNING of the parcel herein descrthed(PARCEL"A");
IliaParcel Cans 1922.2 acres more or less.
Subject to SOSCUIdEttS,restrictions and reservations ofrecord.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West.
I PAGE 1 OF 2
Naples Port Myers Sarasota Tampa Tattabassao Panama City Beata
320950v Lane,Suite 200 Naples,Florida 34105 941-M94040 lir 941443-5716f
I A i
e vAnet irarccorzri
WilsonO l.,.,no.—Ft ,F I iC40001,41 Exhibit B
Page of
$ A pl. ,
S
• • . WilsOnMiller
NawDforaslnPtantsp tlbt�vaaEnphroerhp
f
De a ptian((Part of Sections 26.34 sod 35 of
I Township 50 South,Range 26 East,and Stetioas 2 and 3 of
Township 51 South,Ranpo 26 East Gentler County,Plaids. }
(PARCELS"A"and"s"}Continued; I
I ALSO iNCLIJDINGI'TEE FOLLOWING
PARCEL"B":
COMMENCING at the Southwest Comer of said Section 26;
I thence along the West Lime of said Section 35 South 00°52'55"West 674.12 feet
thence leaving said line North 89°07'05"West 40.00 feet to a pow on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL`B"); ■
thence along said line South 00°52'55"West 111023 feet;
I thence leaving said line North 89°07'05"West 539.68 feet;
thence North 35°39'05"East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
I having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL"B").
Parcel Contains 5.7 acres more or less.
I Subject to its,restrictions and reservations of record. 9
Bearings are based on the east half ate south line of Section 2 being North 87°02'48"West
Total parcel(ncluding Parcels"A"and"B")contains 1927.9 acres more or less.
IWILSO'NhOLLER,INC.
Registered Engineers and Land Surveyors
IIPCertificate of authorization#LB-43.
By: Wit/Q.�"
I
rMarcus L.Berman,P.S.M.#5086
I Not Valid unless embossed with the Professional's seal.
Ref; 4E-50 r
W.O.: N0506-000.000-MABSI
I Dam October 15,1999
Revised: January 13,2000
I
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PAGE 2 OF 2
I ,, ,,,.;°� °° Exhibit B
Page;b of Ail
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Acct #068779
January 29, 2014
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PUDA-PL20120002855 & DOA-PL20120002856
Winding Cypress PUD and DRI Petitions
Dear Legals:
Please advertise the above referenced notice on Wednesday, February 5, 2014
and send the Affidavit of Publication, in DUPLICATE, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500146769
f8A
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
DEVELOPMENT ORDER/RESOLUTION
Notice is hereby given that on Tuesday, February 25, 2014 in the
Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, the Board of
County Commissioners (BCC) will consider the enactment of a County
Ordinance and a Development Order/Resolution. The meeting will
commence at 9 : 00 A.M. The title of the proposed Ordinance and the
Development Order/Resolution are as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02-35, AS AMENDED,
THE WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD) , BY
INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2 ,300
TO 2,854 ; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44
ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY
2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE GROSS FLOOR
AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A
TOTAL OF 50 ,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES
FROM 235 ACRES TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF
AREA AND ELIMINATING THE 18-HOLE GOLF COURSE; BY INCREASING THE
PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS,
WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES;
PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER PLAN, TRACT B
TO EXHIBIT A; PROVIDING FOR ADDITION OF EXHIBIT C, BICYCLE AND
PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT
THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST
(US 41) AND COLLIER BOULEVARD (CR-951) IN SECTIONS 26, 34 AND
35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1, 928 ACRES . (PUDA-PL20120002855)
****
A RESOLUTION AMENDING RESOLUTION NO. 99-467 , AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL
DWELLING UNITS FROM 2 ,300 TO 2 ,854; BY INCREASING THE
RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY
INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF
17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20, 000 SQUARE FEET FOR A TOTAL OF 50,000
SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES
TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND
ELIMINATING THE 18-HOLE GOLF COURSE; BY INCREASING THE PRESERVE
AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS, WATERWAYS,
CANAL AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES; BY
8A
EXTENDING THE BUILD-OUT DATE TO DECEMBER 31, 2020 AND EXPIRATION
DATE TO DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN; BY
PROVIDING FOR SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY
ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL
EAST (US-41) AND COLLIER BOULEVARD (CR-951) IN SECTIONS 26, 34
AND 35 . TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1, 928 +/- ACRES. (DOA-PL20120002856)
Copies of the proposed Ordinance and Resolution are on file with the
Clerk to the Board and are available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County manager prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, Naples, FL, 34112-5356, (239) 252-8380 ,
at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County
Commissioners Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
8A
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
8 A
county of Collier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUIrgY CO ORTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102~ • P.O. BOX 413044 Accountant
NAPLES, FLORIDA
rr NAPLES, FLORIDA
34112-5324 34101-3044 Custodian of County Funds
January 29, 2014
DiVosta Homes, LP
Attn: Chris Hasty
24311 Walden Center Drive
Suite 300
Bonita Springs, FL 34134
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com collierclerk.com
County of Collier
8 A
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY C005RTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102~ P.O. BOX 413044 Accountant
NAPLES, FLORIDA `'t- NAPLES, FLORIDA Auditor
34112-5324 . 34101-3044 Custodian of County Funds
_, jr
January 29, 2014
J.R. Evans Engineering, P.A.
Attn: Anita Jenkins
23150 Fashion Drive
Suite 24
Estero, FL 33928
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
t� jr
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
-,. - t 8 A
County of Collier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUIs Y COLiRTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102. P.O. BOX 413044 Accountant
NAPLES, FLORIDA Y, NAPLES, FLORIDA Auditor
34112-5324 34101-3044 Custodian of County Funds
January 29, 2014
Coleman, Yovanovich & Koester, P.A.
Attn: Richard D. Yovanovich, Esq.
Northern Trust Bank Building
4001 Tamiami Trail North
Suite 300
Naples, FL 34013
RE: PUDA-PL20120002855 and DOA-PL20120002856
Winding Cypress PUD & DRI Petitions
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 25, 2014 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, February 5,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
8A
Martha S. Vergara
From: Martha S.Vergara
Sent: Wednesday,January 29, 2014 12:06 PM
To: Naples Daily News Legals
Subject: PUDA-PL20120002855 & DOA-PL20120002856 - Winding Cypress PUD & DRI
Attachments: PUDA-PL20120002855 (COMBINED AD) Winding Cypress (2-25-14).doc; PUDZA-
PL20120002855 - (COMBINED AD) Winding Cypress PUD (2-25-14).doc
Legals,
Please advertise the following attached ad Wednesday, February 5, 2014.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara @collierclerk.com
8A
Martha S. Vergara
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, January 29, 2014 2:39 PM
To: Martha S.Vergara
Subject: Ad Confirmation
Attachments: UASF32 jpg
Martha,
Please provide approval ASAP for publication on 02.05.14.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News
239-213-6061
cpolidora@naplesnews.com
Thank you for placing your ad.
Date 01/29/14
Publication NDN
Account Number 744102
Ad Number 2014843
Total Ad Cost $414.18
1
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
DEVELOPMENT ORDERIRESOLUTION 8 A
Notice is hereby given that on Tuesday, February 25,2014 in the Board of County
;Commissioners Meeting Room,Third Floor, Collier Government Center,3299 East
Tarniarni Tr ail, Naples, r-I, the Board of County Commissioners (BCC)will consider
the enactment of a County Ordinance and a Development OrderiResoltrtion. The
meeting will commence at 9:00 A.M. The title of the proposed Ordinance and the
Development OrderiRe.solution are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02-35, AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD),BY I N CREASING TH E
NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING
THE RESIDENTIAL DEVELOPMENT AREA I3Y 44 ACRES TO 492 ACRES; BY
INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17
ACRES:BY INCREASING THE GROSS FLOOR AREA OF THE VILLA GE CE NT ER
DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET; BY
INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272 ACRES; BY
REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE GOLF
COURSE;BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY
INCREASING BUFFERS, WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180
ACRES TO 219 ACRES; PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN,TRACT B TO EXHIBIT A;PROVIDING FOR ADDITION OF EXHIBIT C,BICYCLE
AND PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAME TRAIL EAST(US 41)
AND COLLIER BOULEVARD (CR-951)IN SECTIONS 26,34 AND 35, TOWNSHIP 50
SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51 SOUTH, RANGE
26 EAST,COWER COUNTY, FLORIDA,CONSISTING OF 1,928 ACRES. (P U DA
PL20120002855)
****
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO.
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING
UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT
AREA BY 44 ACRES TO 492 ACRES;BY INCREASING THE VILLAGE CENTER ACREAGE
BY 2 ACRES FOR A TOTAL OF 17 ACRES;BY INCREASING THE GROSS FLOOR AREA
OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000
SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272
ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE
18-HOLE GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 940
ACRES;BY INCREASING BUFFERS,WATERWAYS, CANAL AND FP&L EASEMENTS
FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE TO
DECEMBER 31, 2020 AND EXPIRATION DATE TO DECEMBER 31,2025; AND BY
AMENDING THE MASTER PLAN;BY PROVIDING FOR SECTION TWO, FINDINGS OF
FACT;SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR,EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,TRANSMITTAL TO DEPARTMENT OF
ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUB IECT PROPERTY IS
LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI
TRAIL EAST(US-41)AND COLLIER BOULEVARD (CR-951)IN SECTIONS 26,34 AND 35.
TOWNSHIP 50 SOUTH, RANGE 26 EAST. AND SECTIONS 2 AND 3,TOWNSHIP 51
SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 41-
ACRES.(DOA-PL20120002956)
Copies of the proposed Ordinance and Resolution are on file with the Clerk to the
Board and are available for inspection. All interested parties are invited to attend
and be heard.
NOTE- All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes en any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included In the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing In any case,written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East,Suite 101,Naples,FL, 34112-5356,
(239)252-8380, at least two days prior to the meeting.Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNT COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN
DWIGHT E. BROCK.CLERK
ey: Martha Vergara,Deputy Clerk
February 5.2014 No.2014843
8A
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday,January 29, 2014 3:14 PM
To: DeselemKay (KayDeselem @colliergov.net); NeetVirginia (VirginiaNeet @colliergov.net);
Ashton, Heidi; Rodriguez, Wanda (WandaRodriguez @ colliergov.net)
Subject: PUDA-PL20120002855 & DOA-PL20120002856 - Winding Cypress PUD & DRI
Attachments: UASF32.jpg
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
8A y
Martha S. Vergara
From: Deselem, Kay
Sent: Wednesday,January 29, 2014 4:09 PM
To: Martha S.Vergara; Neet, Virginia;Ashton, Heidi; Rodriguez,Wanda
Subject: RE: PUDA-PL20120002855 & DOA-PL20120002856 - Winding Cypress PUD & DRI
OK by me.
Kay Deselem,AICP, Principal Planner
Zoning Services--Planning&Zoning Department Growth Management Division--Planning & Regulation
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239-252-2931 Fax: 239-252-6357
kaydeselem@colliergov.net
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Wednesday,January 29, 2014 3:14 PM
To: DeselemKay; NeetVirginia; Ashton Heidi; RodriguezWanda
Subject: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD& DRI
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helpdeskPcollierclerk.com, quoting the sender and delete the message and any attached documents.The
1
8A
Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and
attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
8A , �
Martha S. Vergara
From: Neet, Virginia
Sent: Friday,January 31, 2014 12:57 PM
To: Martha S.Vergara
Subject: FW: PUDA-PL20120002855 & DOA-PL20120002856 - Winding Cypress PUD & DRI
Attachments: UASF32 jpg
Importance: High
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax(239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From: AshtonHeidi
Sent: Friday,January 31, 2014 12:54 PM
To: NeetVirginia
Cc: BonhamGail
Subject: FW: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD& DRI
Importance: High
This is good to go.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East,Suite 800
Naples, FL 34112
(239) 252-8400
Original Message
From: BonhamGail
Sent: Friday,January 31, 2014 11:39 AM
To:AshtonHeidi
Subject: FW: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD & DRI
Importance: High
Heidi, Dinny needs your approval on these 2 items.
Thanks
1
8A
Gail Bonham, Legal Secretary
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Telephone-239.252.8400
gailbonham@colliergov.net
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From: NeetVirginia
Sent: Thursday,January 30, 2014 9:00 AM
To: AshtonHeidi; BonhamGail; RodriguezWanda
Subject: FW: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD & DRI
For your approval
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax(239) 252-6600
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com]
Sent: Wednesday,January 29, 2014 3:14 PM
To: DeselemKay; NeetVirginia; AshtonHeidi; RodriguezWanda
Subject: PUDA-PL20120002855 & DOA-PL20120002856-Winding Cypress PUD& DRI
Hello All,
Attached is the NDN ad proof please let me know of any changes.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara @collierclerk.com
Please visit us on the web at www.collierclerk.com
2
8A .4
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The
Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and
attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
3
To it 0002s-55( ti
oW 6 6 �
DoA25 2 02
\k)ihazyneiR(e- 5
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
DEVELOPMENT ORDER/RESOLUTION
Notice is hereby given that on Tuesday,February 25,2014 in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples,FL,the Board of County Commissioners(BCC)will consider
the enactment of a County Ordinance and a Development Order/Resolution. The'
meeting will commence at 9:00 A.M.The title of the proposed Ordinance and the
Development Order/Resolution are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 02-35,AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY INCREASING THE
NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854;BY INCREASING
THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY
INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17
ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER
DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50000 SQUARE FEET; BY
INCREASING THE ACREAGE'OF LAKES FROM 235 ACRES TO 272 ACRES; BY
REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE GOLF
COURSE;BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES;,BY
INCREASING BUFFERS; WATERWAYS,CANAL AND FP&L EASEMENTS FROM 180
ACRES TO 219 ACRES;PROVIDING.FOR ADDITION OF WINDING CYPRESS MASTER
PLAN,TRACT B TO EXHIBIT A;PROVIDING FOR ADDITION OF EXHIBIT C,BICYCLE
AND PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST(US 41)
AND COLLIER BOULEVARD(CR-951)IN SECTIONS 26,34 AND 35,TOWNSHIP 50
SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51 SOUTH,RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 ACRES. (PUDA-
P1.20120002855)
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING
UNITS FROM 2,300 TO 2,854; BY INCREASING HE RESIDENTIAL DEVELOPMENT
AREA BY 44 ACRES TO 492 ACRES;BY INCREASING THE VILLAGE CENTER ACREAGE
BY 2 ACRES FOR A TOTAL OF 17 ACRES;BY INCREASING THE GROSS FLOOR AREA
OF THE SQUARE FEET;BY INCREASING THE ACREAGE OFALAKES FROM 235 ACRES TO 272
ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE
18-HOLE GOLF COURSE;BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840
ACRES; BY INCREASING BUFFERS,WATERWAYS, CANAL AND FP&L EASEMENTS
FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE TO
DECEMBER 31, 2020 AND EXPIRATION DATE TO DECEMBER 31, 2025; AND BY
AMENDING THE MASTER PLAN;BY PROVIDING FOR SECTION TWO,FINDINGS OF
FACT;SECTION THREE,CONCLUSIONS OF LAW;AND SECTION FOUR,EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,TRANSMITTAL TO DEPARTMENT OF
ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI
TRAIL EAST(US-41)AND COLLIER BOULEVARD(CR-951)IN SECTIONS 26,34 AND
35.
TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51
SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 1,928+/-
ACRES.(DOA-PI20120002856)
Copies of the proposed Ordinance and Resolution are on file with the Clerk to the
Board and are available for inspection. All interested,parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to-presentation of the, agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized`by the Chairman,a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing.-All'material used in presentations before the Board
will become a peMlanentpart of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
'record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department,located at 3335 Tamiami Trail East,Suite 101, Naples,
FL,34112-5356,
n8 e prior to y meeting.CslOffice.listening devices for
the artwo available i the Board of County Assisted
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN
DWIGHT E.MOCK,CLERK
By:Martha Namara,Deputy Clerk
rua v S.201. No-2014643
, .
1
8 A A.
NOTICE OF INTENT TO CONSIDER ORDINANCE AND A
Naples Da DEVELOPMENT ORDER/RESOLUTION
Naples,e s F Notice is hereby given that on Tuesday,February 25,2014 in the Board of County
P r Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples, FL,the Board of County Commissioners(BCC)will consider
the enactment of a County Ordinance and a Development.Order/Resolution. The
Affidavit of meeting will commence at 9:00 A.M.The title of the proposed Ordinance and the
Development Order/Resolution are as follows:
Naples Dai AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02-35,AS AMENDED,THE
WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY INCREASING THE _ _
NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854;BY INCREASING
THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY
INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17
BCC/ZONING DEPARTMENT ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER
FINANCE DEPARTMENT INCREASING FEET FOR A
ROM TOTAL
235 ACRESOTO SQUARE ACRES; BY
#700 REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE GOLF
3299 TAM I AM I TRL E COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY
INCREASING BUFFERS, WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180
NAPLES FL 3 4112 ACRES TO 219 ACRES;PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER
PLAN,TRACT B TO EXHIBIT A;PROVIDING FOR ADDITION OF EXHIBIT C,BICYCLE
AND PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND
PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST(US 41)
AND COLLIER BOULEVARD (CR-951) IN SECTIONS 26, 34 AND 35,TOWNSHIP 50
REFERENCE : 068779 4 5 0 014 6 7 6 9 SOUTH,RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51 SOUTH,RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 ACRES. (PUDA-
59739256 NOTICE OF INTENT PL20120002855)
State of Florida A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED,
(DEVELOPMENT ORDER 994) FOR THE WINDING CYPRESS DEVELOPMENT OF
County of Collier REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO
Y DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING
Before the undersigned authority, pei UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT
g Y r P AREA BY 44 ACRES TO 492 ACRES;BY INCREASING THE VILLAGE CENTER ACREAGE
appeared Robin Calabrese, who on oath E BY 2 ACRES FOR A TOTAL OF 17 ACRES;BY INCREASING THE GROSS FLOOR AREA
PP OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000
she serves as the Advertising Director SQUARE FEET;BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272
ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE
Naples Daily News, a daily newspaper pi. 18-HOLE GOLF COURSE;BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840
ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL AND FP&L EASEMENTS
Naples, in Collier County, Florida: tr FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE TO
r DECEMBER 31, 2020 AND EXPIRATION DATE TO DECEMBER 31, 2025; AND BY
attached copy of advertising was public AMENDING MASTER PROVIDING F SECTION FINDINGS
FACT; SECTION THREE,CONCLUSIONS OF LAW;AND SECTION F UR EFFECT OF
newspaper on dates listed.. PREVIOUSLY ISSUED DEVELOPMENT ORDERS,TRANSMITTAL TO DEPARTMENT OF
ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS
Affiant further says that the said Na LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI
Y TRAIL EAST(US-41)AND COLLIER BOULEVARD(CR-951)IN SECTIONS 26,34 AND
News is a newspaper published at Naples TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTIONS 2 AND 3,TOWNSHIP 51
Collier County, Florida,Florida and that the s SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 1,928+/-
ACRES.(DOA-PL20120002856)
newspaper has heretofore been cont inuou Copies of the proposed Ordinance and Resolution are on file with the Clerk to the
published in said Collier County, Flor4 Board and heard.re available for inspection. All interested parties are invited to attend
day and has been entered as second clas NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
matter at the post office in Naples, in Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
Collier County, Florida, for a period o recognized by the Chairman, a spokesperson for a group or organization may be
next preceding the first publication of allotted 10 minutes to speak on an item.
attached copy of advertisement; and off Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
further says that he has neither paid n public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
promised any person, firm or corporatio will becomeapermanentpart oftherecord.
discount, rebate, commission or refund Any person who decides to appeal a decision of the Board will need a record of the
.proceedings pertaining thereto and therefore, may need to ensure that a verbatim
purpose of securing this advertisement record of the proceedings is made, which record includes the testimony and
publication in the said newspaper. evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled, at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
PUBLISHED ON: 02/05 Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL, 34112-5356,
(239)252-8380, at least two days prior to the meeting.Assisted listening devices for
the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN '
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk No 2014843
Februarv5 2014
AD SPACE : 146 LINE
FILED ON: 02/05/14
_40 01
Signature of Affiant i �'�'
Sworn to and Subscribed .e/ ore m . 4 1 day of ' ' %0 A-11
Personally known by me / 1 / / 1 � r
� �Nis% CAROL POLIDORA
', A_ MY COMMISSION#EE 851758
a EXPIRES:November 28,2014
'f pd,,,,, Bonded Thru Pichard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A RE8
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 3iLth
4. BCC Office Board of County 41
V N7, / 1 c
Commissioners
5. Minutes and Records Clerk of Court's Office
-TAY\ 3 1f0A4 y,( 'pm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for dditional or missing information.
Name of Primary Staff Kay Desel Phone Number 252-293
Contact/ Department _
Agenda Date Item was 2/25/14 Agenda Item Number 8.A
Approved by the BCC
Type of Document Resolution s S.VL4 Lc-'z5 Number of Original 1
Attached 1)Q 2W-1- 01 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? iD
2. Does the document need to be sent to another agency for additional signatures? If yes, �D
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be ,D
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's tD
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the �D
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,D
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip /eD
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
•
8. The document was approved by the BCC on February 25,2014and all changes made 40
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready fort•- I
Chairman's signature. t1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Rev' -. . , •evised 11/30/12
8A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, March 11, 2014 3:57 PM
To: Deselem, Kay
Cc: Ashton, Heidi
Subject: Winding Cypress Resolution - Development Order 2014-01
Attachments: Resolution 2014-046_DO 2014-01.pdf
Hi ladies,
Attached for your records is a copy of Resolution 2014-46/DO 2014-01,
adopted February 25, 2014, for proposed changes to the Winding Cypress DRI.
Please let me know if you'd prefer a "hard" copy of this document and
I'd be happy to provide one.
I just mailed certified (color) copies to the DEO and SWFRPC.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
County of Collier
8A
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUl@'Y COf THOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102.'., s. P.O. BOX 413044 Accountant
NAPLES,FLORIDA
NAPLES,FLORIDA
34112-5324 34101-3044 Custodian of County Funds
March 11, 2014
Ray Eubanks, Plan Processing Administrator
Florida Department of Economic Opportunity
Division of Community Development
107 East Madison Street MSC — 160
Tallahassee, Florida 32399
Re: Collier County Development Order 2014-01/Resolution 2014-46
Winding Cypress Development of Regional Impact Proposed Changes
Attached for agency review are two (2) certified copies of the above referenced
document, Collier County Development Order 2014-01, adopted by the Board of
County Commissioners of Collier County Florida on Tuesday, February 25, 2014
during Regular Session.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Attachment
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
County of Collier 8 A
CLERK OF THEE CIRCUIT COURT
Dwight E. Brock COLLIER COUNJY COURTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102 , P.O.BOX 413044 Accountant
NAPLES,FLORIDA uf NAPLES,FLORIDA Auditor
34112-5324 L- 34101-3044 Custodian of County Funds
March 11, 2014
Ken Heatherington, Executive Director
SWFL Regional Planning Council
1926 Victoria Avenue
N. Fort Myers, FL 33901
Re: Collier County Development Order 2014-01/Resolution 2014-46
Winding Cypress Development of Regional Impact Proposed Changes
Attached for agency review is a certified copy of the document above referenced,
Collier County Development Order 2014-01, adopted by the Board of County
Commissioners of Collier County Florida on Tuesday, February 25, 2014 during
Regular Session.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Attachment
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
DEVELOPMENT ORDER NO. 14- 01
8A
RESOLUTION NO. 14- 4 6
A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS
AMENDED, (DEVELOPMENT ORDER 99-4) FOR THE WINDING
CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF
RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY
INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44
ACRES TO 492 ACRES; BY INCREASING THE VILLAGE
CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES;
BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF
50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF
LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING THE
164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE
GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44
ACRES TO 840 ACRES; BY INCREASING BUFFERS,
WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180
ACRES TO 219 ACRES; BY EXTENDING THE BUILD-OUT DATE
TO DECEMBER 31, 2020 AND EXPIRATION DATE TO
DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN;
BY PROVIDING FOR SECTION TWO, FINDINGS OF FACT;
SECTION THREE, CONCLUSIONS OF LAW; AND SECTION
FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC
OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF
THE INTERSECTION OF TAMIAMI TRAIL EAST (US-41) AND
COLLIER BOULEVARD (CR 951) IN SECTIONS 26, 34 AND 35,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND
3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 1,928± ACRES. (DOA-PL201200028561]
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
No. 99-467 (Development Order No. 99-4), which approved a Development of Regional Impact
(DRI) known as the Winding Cypress DRI on December 14, 1999; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and, by reference, made a part of the Development Order; and
Winding Cypress DRI/PUD—DOA-PL20120002856 1 of 9
Rev. 2/13/14 Words struck gh are deleted;words underlined are added.
8A
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution No. 99-467 (Development Order No. 99-4) as
revised by Resolution 02-302 (Development Order 02-01); and
WHEREAS, the Development Order has been subsequently amended, to wit:
(i) Resolution No. 02-302 (Development Order No. 02-01), June 25, 2002;
(ii) Resolution No. 06-018 (to correct scriveners error), January 24, 2006; and
WHEREAS, DiVosta Homes, LP, through its authorized agent, has filed a Development
Order Amendment (DOA) Application and Notice of Proposed Change to a Previously
Approved DRI (NOPC), which NOPC is attached hereto and incorporated herein as Exhibit B;
and
WHEREAS, the Collier County Planning Commission reviewed and considered the
report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on January 16, 2014; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Winding
Cypress DRI; and
WHEREAS, at a public hearing held on February 25, 2014, the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application and the NOPC, (b) the record made at the
aforementioned hearing, (c) the record of the documentary and oral evidence presented to the
Collier County Planning Commission, (d) the report and recommendation of Collier County
planning staff, and (d) the report and recommendation of the Southwest Florida Regional
Planning Counsel, the Board of County Commissioners hereby approves the following Winding
Cypress DRI Development Order amendments.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER.
A. The Findings of Fact Section of Development Order 99-4, as amended by Development Order 02-01
and Resolution 2006-18,the Winding Cypress DRI, is hereby amended to read as follows:
FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth in
Exhibit"A".
2. The application is consistent with Subsection 380.06(6), Florida Statutes(2013).
3. The Developer submitted to the County an ADA and sufficiency responses, hereby
referred to as composite Exhibit "B", which by reference thereto are made a part hereof
Winding Cypress DRI/PUD—DOA-PL20120002856 2 of 9
Rev.2/13/14 Words struc' ough are deleted;words underlined are added.
CAC1
1. 8A 4 '4
to the extent that they are not inconsistent with the terms and conditions of this Order, as
amended.
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact, as shown on the revised Master Plan attached hereto as Exhibit "C", and
consisting of 1,928 acres, which includes:
A. A total of 2300 2.854 residential dwelling units, on 492 acres.
B. A Village Center Centers consisting of 10,00050,000 square feet of Gross Floor Area
(GFA)cif
Retail use 5,000 square feet GFA of office space, and 15,000 square feet GFA of
recreational facilities,in addition to a clubhouse;
C. Golf Club, 18 holes of golf course, practice range and maintenance facilities on 164
acres:
C. D. 235 272 acres of lakes;
D. E. -84-79 acres of right-of-way;
E. €: 9 acres of recreational lands; and
F. 840 acres of preserves, and -1-88-219 acres of miscellaneous buffers, waterways,
canal, and FPL easements.
5. The development is consistent with the report and recommendations of the SWFRPC
submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development will not interfere with the achievement of the objectives of the adopted
State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been conducted
by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State Concern pursuant
to the provisions of Section 380.05, Florida Statutes, as amended.
9. The development is consistent with the current land development regulations and the
Growth Management Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan.
B. Paragraph 2, "Historical/Archaeological," of the Conclusions of Law Section of Development
Order 99-4, as amended by Development Order 02-01, the Winding Cypress DRI, is hereby amended to
read as follows:
Winding Cypress DRI/PUD—DOA-PL20120002856 3 of 9
Rev. 2/13/14 Words struck through are deleted;words underlined are added.
CAO
2. HISTORICAL/ARCHAEOLOGICAL 8 A
A. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR789, 8CR790, 8CR791, 8CR792,
8CR793, 8CR794, 8CR795 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shall be recorded as "Preserve" on all appropriate plats, site
plans, and the Master Development Plan for the Winding Cypress DRI.
B. In areas where the sites are located in the vicinity of proposed development, a buffer or
conservation easement averaging 25 feet in width, or equivalent protections, such as
temporary fencing or other structural barriers, shall be preserved or constructed around
the archaeological sites. Exotics removal within these areas shall be by hand labor.
C. The Developer shall cooperate with the Department of State, Division of Historical
Resources ("DHR") property credentialed investigators, whenever such access can be
reasonably accommodated.
D. If any additional archaeological/historical sites are uncovered during the proposed
development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that
a state-certified archaeologist can determine the significance of the findings and
recommend appropriate preservation and mitigation actions, as necessary.
E. All commitments made by the Developer within the ADA and subsequent sufficiency
round information, related to historical and Archaeological Sites are hereby incorporated
by reference to the extent they are consistent with Paragraphs A—B above.
C. Paragraph 5, "transportation" of Development Order 99-4, the Winding Cypress DRI, is hereby
amended to read as follows:
5. TRANSPORTATION
A. The Developer, or its successor or assigns, shall be fully responsible for site related
roadway and intersection improvements required within the Winding Cypress DRI, including project
access points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be
located consistent with the Winding Cypress Master Plan, attached hereto as Exhibit"C", and constructed
consistent with Collier County and FDOT's permit requirements:
(1) CR 951 at North Project Entrance
(2) CR 951 at South Project Entrance
(3) US 41 at East Project Entrance
B. The Developer shall provide its proportionate share of the costs of necessary at grade
intersection improvements including, but not limited to, right of way, cost of signalization, turn lanes, and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
following significantly impacted intersections through DRI project build out in 2008 which is December
312020.
(1) US 41 at CR 951/SR 951
(2) CR 951 at SR 84/Davis Blvd.
Winding Cypress DRI/PUD—DOA-PL20120002856 4 of 9
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C. Improvements to the facilities outlined in condition 5.B, above, shall be made at the time
that the intersection is expected to operate at worse than the level of service standard adopted in the
Collier County Comprehensive Plan or shall be programmed for construction within three years of that
time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a)
complete, b) under construction, c) the subject of a clearly identified, executed and recorded local
government development agreement consistent with Sec. 163.3220 through 163.3243, F.S., ensuring
completion concurrent with the impacts of development; d) the subject of a binding commitment from
Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a
binding commitment by the County in the current three years of the Capital Improvements Element; or f)
the subject of a binding and enforceable commitment by the Developer to provide the improvement
concurrent with the impacts of development. Any combination of the above which ensures the
improvement to the facility is also acceptable, provided the SWFRPC, Collier County, and DCA agree
that the combination meets the intent of the transportation uniform standards rule.
As an alternative to this requirement, the Developer may pay a "proportionate share
contribution", calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., to Collier
County for this improvement. The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be
provided through the Developer's payment of Collier County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed improvement, in accordance with the options listed in the paragraph above
are received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposed Change.
The proportionate share costs of the necessary at-grade improvements as referenced in
this condition and condition 5.B. may be satisfied by the payment of roads impact fees.
D. To determine the project impact on regional facilities, arra annual biennial monitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
of Community Affairs Economic Opportunity, and SWFRPC for review and approval. The first
monitoring report shall be submitted one year after the recorded date of the approval of the Development
Order for the Winding Cypress DRI. Successive reports shall be submitted biennially thereafter
until build out of the project.
At a minimum, the report shall contain a summary of construction and development
activities to date, in the categories of development as recorded in the Development Order. In addition,
the report shall contain p.m. peak hour trip generation estimates and turning improvements at each of the
project's access points and the off-site intersections listed in Paragraph 2 above. The report shall also
provide a calculation of the existing level of service at the projects access points and the facilities listed in
Paragraph B above. Finally, an estimate of the level of development expected to be added by the project
for the forthcoming year(s) will be provided. The monitoring report shall identify the status of the road
improvements assumed to be committed and address any deviations from the identified schedule.
E. The Developer shall promote efficient pedestrian and bicycle movement within and
between the development's components, and to adjacent properties as deemed necessary by Collier
County.
F. The Developer shall promote transit service through the inclusion of bus stops or other
appropriate transit access points in site design, consistent with Collier County transit plans.
G. The Developer may select one or more of the options listed in Paragraph C above to the
extent that options provide adequate commitments for improvements indicated above to significantly
impacted regional roadways and intersections. Whatever options are exercised, however, shall be done
with the understanding that the following conditions shall be met:
Winding Cypress DRI/PUD—DOA-PL20120002856 5 of 9
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(1) If annual biennial monitoring reports lead to the conclusion that one or more of the
regional intersections are operating at worse than the adopted level of service and the project is
contributing more that 5% of the adopted level of service capacity, then further building permits and
certificates of occupancy shall not be granted until the standards of the County's Concurrency
Management System have been met.
(2) The transportation impact to the intersections identified in Paragraph B above
shall be appropriately addressed consistent with the County's Concurrency Management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted regional roads and intersections.
H. Within 180 days of the County's written request, the Owner shall convey to the County a
road easement for the road right of way needed for a section of Benfield Road up to a width of 140 feet
free and clear of all liens and financial encumbrances. The road right of way shall be adjacent to the
Picayune State Forest and shall be in the location identified on the PUD Master Plan. The length of the
proposed 140' ROW reservation is approximately 6,000', extending approximately 830' north of the
Hacienda Lakes PUD southern section line and approximately 650' south of the Picayune State Forest
southern section line. The County acknowledges that the area in which the road reservation is located is
designated preserve on the PUD Master Plan and is required to be a conservation area for purposes of the
project obtaining required state and federal permits. The County has agreed to be responsible for all
permitting and construction costs, including but not limited to noise mitigation, and mitigation costs
associated with permitting and constructing Benfield Road. The Owner and Developer shall not be
responsible to obtain or modify any state or federal permits related to the extension of Benfield Road.
Upon recordation of the road easement in the public records of Collier County, the Owner shall be paid
the fair market value of the road easement. The Developer shall disclose (in writing) to all property
buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway
corridor.
D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4, as amended by
Order 02-01, the Winding Cypress DRI, is hereby amended to read as follows:
6. VEGETATION AND WILDLIFE/WETLANDS
A. The need for wildlife crossings and fencing designs for roadway crossings of the preserve
areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation
Commission ("FFWC")as part of the ERP permit process.
B. Review of State listed species and habitat impacts/mitigation shall be addressed in
coordination with FFWCC during the ERP permit process based on specific site plan
details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan
submitted on June 13, 1999, shall be implemented for the preserve area.
C. A minimum of 776 840 acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development; a conservation easement shall be placed
over all conservation areas.
Native landscaping shall be used to the greatest extent practical. The Project will meet
the criteria of Section 2.4.1.1. of the Collier County Land Development Code which
requires 75% of the required trees and 50% of the required shrubs to be native plants.
Winding Cypress DRI/PUD—DOA-PL20120002856 6 of 9
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SA
Relocation Permit process.
Review.
E. Paragraph 11, "PUD Document," of Development Order 99-4 as amended by Development Order
02-01, the Winding Cypress DRI, is hereby amended to read as follows:
11. PUD DOCUMENT
There is a PUD document (Ordinance 02 35 14- 09) approved by the Collier County Board of
County Commissioners on June 25, 2002y eb 25014, which also governs the Winding Cypress DRI.
The Developer acknowledges that the conditions and commitments of the PUD Document also govern the
development and use of property within Winding Cypress, even though the PUD Document (Ordinance
02 35 2014-Q 9 ), is specifically not made a part of this Development Order.
SECTION TWO: FINDINGS OF FACT.
A. The real property which is the subject of this Development Order, including the Winding
Cypress Addition, is legally described as set forth in Exhibit"A", attached hereto and by
reference made apart 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 a Previously Approved
DRI, marked as Exhibit"B", and by reference made a part hereof.
D. The applicant's predecessor in interest proposed the development of Winding Cypress on
1928 acres of land for a mixed-use development consisting of residential, commercial
and golf club uses as described in Development Order 99-4.
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 Southwest Florida Regional Planning Council notified the County, in writing, that
the Department of Economic Opportunity and Southwest Florida Regional Planning
Council agree that the changes to this DRI do not create any additional regional impacts.
G. The buildout date shall be December 31, 2020. The Development Order shall remain in
effect until December 31, 2025.
SECTION THREE: CONCLUSIONS OF LAW.
A. The proposed changes to the previously approved Development Order as presented does
not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.1, 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", by reference made a part hereof.
Winding Cypress DRI/PUD—DOA-PL20120002856 7 of 9
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1. 8 A
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 Order are consistent with
the Collier County Growth Management Plan, as amended, and the Land Development
Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development Order are consistent with
the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS
AMENDED; TRANSMITTAL TO THE DEPARTMENT OF
ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 99-4 as amended by Development Order
02-21, and Resolution 06-18 shall remain in full force and effect, binding in accordance
with its terms on all parties thereto.
B. Copies of this Development Order 14-01 shall be transmitted immediately upon
execution to the Department of Economic Opportunity, 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 of the Board of County
Commissioners of Collier County, Florida, this 02S day of F b.0 a, , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWI iHT`E. BROCK,-CLERK COLLIER Cyl TY, , ORIDA
By: OJ.u{ �� • of
te rk TOM HENNIN j, Chairman
Attestas1t0th irman s
signature only. Item#
Agenda a _1 c1.
Date 7
Date 3_z-1f
Reed
-s uty
Winding Cypress DRI/PUD—DOA-PL20120002856 8 of 9
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Approved as to form and legality: Ii I 4
ILL+ (40
Heidi Ashton-Cicko 2\��
Managing Assistant County attorney
Attachments: Exhibit A—Legal Description (from D.O. 02-01)
Exhibit B -Notice of Proposed Change
Exhibit C—Revised Master Plan
CP\13-CPS-01229\44
Winding Cypress DRI/PUD—DOA-PL20120002856 9 of 9
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.. . . . .
WiisØiMiIIer 8
New Directions In Plansng,Design 6 Engineering
Pi
Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,
and Sections 2 and 3 of
Township 51 South,Range 26 East
a Collier County,Florida.
•
(PARCELS"A"and"B")
All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
"I .
(for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom;
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County, Florida,less and except the west
60.00 feet(for canal right-of-way);
AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida; i
AND ALSO Part of Section 2 Township 5I South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County, Florida;
illBeing more particularly describes as follows:
PARCEL"A":
BEGINNING at the Southeast corner of Section 2,Township 51 South, Range 26 East,Collier County,Florida; ,
thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said 1
Section 2;
IIthence continuing along said line North 89°27'31"West 233.96 feet;
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.
(Tamiami Trail); S.4 t
thence North 20°14'55"East 2036.85 feet;
thence North 69°45'05"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West '
I Section 2; Line of said
Ithence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point
on a line lying 60 feet east of the west line of said Section 35; t
thence along said line North 00°50'06"East 2614.26 feet;
thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel
line of Section 26; e to the west
i thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road,said line being 30.00'south of the north line of said Section 26; t
thence along said Right of Way line South 89°37'03"East 2541.99 feet;
thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said
Section 26;
thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Corner of said
thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the
POINT OF BEGINNING of the parcel herein described(PARCEL"A");
Parcel Contains 1922.2 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West.
iv •
Naples Fort Myers Sarasota Bradenton Tampa Tallahassee
32010 Bailey Lane,Suite 200 Naples Florida 341058507 947-649-4040 iir 941-643-5716 t-11
enaose.sos as Vs,:OP-BSTDCDtaut
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0 Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,and Sections 2 and 3
Township 51 South,Range 26 East Collier County,Florida.
I. (PARCELS"A"and"B")Continued;
I
PARCEL"B": ALSO INCLUDING THE FOLLOWING:
II COMMENCING at the Southwest Corner of said Section 26;
thence along the West Line of said ,
thence leaving said line North 89°07'05"West 40.00 feet to a po West 674.12 feet; .
int on a line 40 feet west of the W
Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL`B"); West Line of
I thence along said line South 00°52'55"West 1110.23 feet;
thence leaving said line North 89°07'05"West 539.68 feet;
�. • thence North 35°39'05"East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the 0
northwest O
having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
III
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described t
(PARCEL"B") I
o
Ill Parcel Contains 5.7 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West s
I
• Total parcel(including Parcels"A"and"B")contains 1927.9 acres more or less.
: }
III WILSONMILLER, MC.
Registered Engineers and Land Surveyors
i Certificate of authorization#143-43.
'./
By: /7, / /? , / /
1 Michael H. Maxwell,PSM •650
111 i
Not Valid unless embossed with the Professional's seal.
1
II Ref. 4E-50 ;
W.O.: NO506-000-000-NABS 1
I
•
Date: October 15, 1999
Revised: January 13,2000
1
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FORM DEO-BCP-PROPCHANGE-1
IRule 73C-40.010,FAC.Effective 11-20-90
(Renumbered 10-01-11)
1
STATE OF FLORIDA
I DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY PLANNING&DEVELOPMENT
The Caldwell Building,MSC 160
107 East Madison Street
ITallahassee,Florida 32399
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
I DEVELOPMENT OF REGIONAL IMPACT(DRI)
SUBSECTION 380.06(19),FLORIDA STATUTES
I 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 1. I, ( 4i A ,the undersigned owner/authorized
0 representative of DiVosta Homes,LPG herelry give notice of a proposed change to a
(developer)
previously approved Development of Regional Impact in accordance with Subsection
I380.06(19),Florida Statutes. In support thereof,I submit the following information concerning
I the WINDING CYPRESS development,which
(original°¤t project names)
Iinformation is true and correct to the best of my knowledge. I have submitted today,under
separate cover,copies of this completed notification to Collier Counter ,
I (local government)
to the Southwest Florida Regional Planning Council,and to the Bureau
I of Local Planning,Department of Community Affairs. Ais
Or
E 6 101/13 grawr .0'4441.r-
Date Si_..F., e 0
2.. Applicant(name,address,phone).
1
IExhibit s ���
Page 1 of Ai
i
I
, 8A i ,
is DiVosta Homes,LP
24311 Walden Center Drive,Suite 300
Bonita Springs,FL 34134
1 (239)248-5309
3. Authorized Agent(name, address,phone).
$ Richard Yovanovich,Esq.
Coleman Yovanovich&Koester,P.A.
4001 Tamiami Trail N., Suite 300
I Naples,FL 34103
(239)435-3535
1 4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
Collier County,T50 South,R26 East,Sec.35 and T51 South,R26 East,Sec.2.
I5. 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,
I development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
I 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 impacts.
Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No.
99-467 and Development Order 99-4. On the same date the property was rezoned to
I PUD by Ordinance 99-93. The developer requested amendments to the PUD which
were approved on June 25, 2002 by the Board of County Commissioners through
Resolution No. 02-302 and Development Order 02-01. A scriveners error was
I corrected in 2006 through Resolution 2006-018
The Winding Cypress DRI consists of 1,928 acres of land located in Collier
County between U.S. 41 (to the south), C.R. 951 (to the west), Sabal Palm Road (to
I the north) and Picayune Strand State Forest and Naples Reserve (to the east). The
purpose of this application is to amend the PUD, which will contain the following
changes:
I a) An increase in residential dwelling units from 2,300 to 2,854 on 492 acres of
land (previously 448 acres). Both Single Family and Multi-Family units (as
defined by Collier County. The gross density will be a maximum of 1.4 UPA.
I b) An increase in the acreage of lakes will be from 235 acres to 272 acres.
c) A reduction in the amount of golf course, golf club, golf course maintenance
and practice range from 164 acres to 0 acres. 18 holes, one clubhouse, one
I maintenance facility, and one practice range were removed, resulting in the
complete removal of golf as a use.
d) An increase of 44 acres in preserve area,for a total of 840 acres.
/11° e) Buffers,waterways,canal and FP&L easements are increased from 180 acres
to 219 acres.
I) The build-out date will change to 2020.
2
Exhibit B
CAi)
Page 2 of 26
8A4 4 '
;1110 6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no
change. See attached Chart
7. List all the dates and resolution numbers (or other appropriate identification numbers) of
all 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 changes(i.e.,any information not already addressed in the Substantial Deviation
Determination Chart).
DATE WINDING CYPRESS APPROVED BY BCC 12/14/99
RESOLUTION NUMBER 1999-467
A Winding Cypress amendment was filed that reduced the number of units from 2,892
to 2,300,reduced the golf from 45 holes to 18 holes,and increased the preserve area
from 713 acres to 796 acres.
DATE AMENDMENT FILED 3/18/02
DATE APPROVED BY BCC 6/25/02
RESOLUTION NUMBER 2002-302
Planning staff determined that the approved Resolution 2202-302 was not revised to be
consistent with the PUD document that removed references to specific numbers for the
different residential dwelling unit types as was intended.
SCRIVENER'S ERROR CORRECTED 1/24/06
RESOLUTION NUMBER 2006-18
Has there been a change in local government jurisdiction for any portion of the
development since the last approval or development order was issued? No.
If so,has the annexing local government adopted a new DRI development order for the
project?N/A
8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site
1 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 %z mile on a
project master site plan or other map.
I N/A.
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.
I
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19)(e)2.,F.S.
YES NO X
3
Exhibit B
Page,_of A6 60)
I
8A I 1
10. Does the proposed change result in a change to the build-out date or any phasing date of
the project? If so,indicate the proposed new build-out or phasing dates.
Yes.The project includes six phases and the build-out date will change to 2020. The
DRI expiration date has been revised to December 31,2025
11. Will the proposed change require an amendment to the local government comprehensive
plan?
No.
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06(15),F.S.,and 9J-2.025,Florida Administrative Code:
12. An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or development
order conditions. See Attached Master Plan
13. Pursuant 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: See attached proposed amendment to the
Idevelopment order.
a. All proposed specific changes to the nature, phasing, and build-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 of land 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;
The proposed changes to the Winding Cypress DRI involve removing Golf as
an approved use, increasing the number of residential units from 2300 to
2854 and changing the build-out date to 2020. The following land use
summary depicts the proposed changes:
Land Use Proposed Acres Existing Acres
Residential 492 448
Village Center 17 15
Lake 272 235
Right-of-Way 79 81
Recreational 9 9
4
Exhibit B
Page, --of ('/(u
1 8A
Preserve 840 796
"illP
Miscellaneous,Buffers,Waterways, 219 180
Canal and FPL Easements
I Golf Course,Golf Club,Golf Course 0 164
Maintenance and Practice Range
Total 1928 1928 ,
I
I
I
b. An updated legal description of the property, if any project acreage is/has been
I added or deleted to the previously approved plan of development;
See attached legal description
P c. A proposed amended development order deadline for commencing physical
development of the proposed changes,if applicable;
N/A.
Id. A proposed amended development order termination date that reasonably reflects
the time required to complete the development;
I The build-out date has been extended to 2020 and the DM expiration date to
2025
I e. A proposed amended development order date until which the local government
agrees that the changes to the DRI shall not be subject to down-zoning, unit
density reduction,or intensity reduction,if applicable; and
I N/A.
f. Proposed amended development order specifications for the annual report,
I including the date of submission, contents, and parties to whom the report is
submitted as specified in Subsection 9J-2.025 (7),F.A.C.
The specifications for the annual report have been revised to reflect a
Ibiennial timeline.
5
I Exhibit B
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Exhibit B
Page 142,of,2(? C10
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1 RESOLUTION NO.2013-
DEVELOPMENT ORDER NO.2013-
IA RESOLUTION AMENDING DEVELOPMENT ORDER NO.94-4
AS AMENDED BY DEVELOPMENT ORDER 02-01, FOR THE
WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT
I ("DRr')BY PROVIDING FOR AMENDMENTS TO INCREASE THE
NUMBER OF RESIDENTIAL DWELLING UNITS;TO ELIMINATE
THE ACREAGE OF THE GOLF COURSE AND 'QRRESPONDING
I NUMBER OF HOLES; TO INCREASE, AMOUNT OF
PRESERVE AREA AND BUFFERS,WAYS,CANALS AND
THE EASEMENTS, AND TO I t RtHE1�.;1MEND; THE
HISTORICALIARCHEOLOGICAL SECTION, THE
TRANSPORTATION SECTIO ,, '' VEGTAAATION AND
WILDLIFEJWETLANDS SECT!Q?; AND THE POD DO VENTS
SECTION; TO PROVIDE 'I FINDINGS OF "`MACT;
CONCLUSIONS OF LAW; EFFECFg OF R JOUSLY ISSUED
I DEVELOPMENT ORp TRANSMIT�t` ,�TO DEPARTMENT OF
ECONOMIC OPPOR t_ fi ND EFFEC�DATE.
ill/ WHEREAS, on September 2, 1998'=Barron Comp in accordance with Subsection•
m
380.06(6),Florida Statyc�� `tle��#Applicado r D,�tRtrApproval(ADA)of a Development of
Regional Impact(DRI)% wn as Winding Cyp -1e''',,,,414,6,11 Collier County and Southwest Florida Regional
IPlanning Council( SWFRP );ands ,,
REAS, on 1 tuber 14. 1999, t144101 d of County Commissioners, at an open public
I hearing in ordance v�ntFi Section 3SO 06 Florida Statutes, having considered the Application for
Development royal of a opment'ofltegional Impact submitted by Developer;the report and
recommendatio : ,ie SWFRP "the record of the documentary and oral evidence presented to the
��a
Collier County Plamu co tlii;the report and recommendations of the Collier County Staff and
Advisory Boards;and the ipniade at said hearing,issued Resolution No.99-467 and Development
Order 99-4 approving the Winding Cypress DRI;an d
IWHEREAS,on March 8,2002,George Vamadoe,on behalf of Barron Collier Company,Ltd.
(hereinafter "Developer"), the successor in interest to Barron Collier Company, and the owner and
Ideveloper of the Winding Cypress DRI,filed a Notice of Proposed Change("NOPC")requesting that the
Board of County Commissioners approve the following changes to the Winding Cypress DRI:an increase
in the number of residential units;an increase of 83 acres of preserve area;a reduction in the amount of
III i
I Exhibit B /�,�t
Page II ofi
l
t
16
sa ' '
I
Igolf course uses by 18 holes,one clubhouse,one maintenance facility and one practice range;a redesign
and relocation of approved uses within the Winding Cypress DRI as depicted on the DRI Master Plan
I maiiced "H-1" and the amendments to the terms and conditions of the Winding Cypress DRI
Development Order as approved below;and
I WHEREAS,the Collier County Planning Commission has reviewed the considered the report and
recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public
Ihearing on the NOPC on June 10,2002;and
WHEREAS,on June 25,2002,the Board of County oners,at an open public hearing in
accordance with Section 380.06,Florida Statutes,considered the NOPCi nd,approved the amendments to
r lii
the Winding Cypress DRI development Order a�Fapproved the revised Windng Cypress DRI Master
Plan,marked"H-I"by the adoption of Resolution 02-392 and Development Ordet02-01.
WHEREAS,on ovanovich,on behalf of Barron Collier Company,Ltd
(hereinafter "Developer"), the owner and developerof the g Cypress DRI, filed a Notice of
Proposed Change("NOPC )requesting thaf e Board of Chanty Commissioners approve the following
changes to the Winding.�Yes9 1,,RI: an muse iq tile,'l r of residential units; an increase of
_acres of preserve"ate; a redesind relocf approved uses within the Winding Cypress DRI
as depicted on the DRI Master Plan red"H-1"and°the amendments to the terms and conditions of the
Windmg C��t I?evelo��fd6i�8pprovec�`�iglow;and
EAS,the Board of County€Commissioners as the governing body of the unincorporated
area of Collies un having ction t to Section 380.06,Florida Statutes,is authorized and
' ,,.tY 8 j�! pi�auan
empowered to consider Applicatio for Development Approval(ADA)for Developments of Regional
o A' oImpact and Notices of_ed C tige(NOPC)thereto;and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
Irequirements of the Collier County Zoning Ordinance have been satisfied;and
WHEREAS,the Board of County Commissioners passed Ordinance 2-35 on July 9,2002 which
Irezoned the subject property to PUD and the Developer has requested the County to approve amendments
to the Winding Cypress PUD to conform with this DRI Development Order,and
Iii•
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I Page �6 E�o
ag ,
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WHEREAS,the issuance of an amended Development Order pursuant to Section 380.06,Florida
Statutes,does not constitute a waiver of any powers or rights regarding the issuance of other development
' permits consistent herewith by the County or State;and
WHEREAS,on ,the Board of County Commissioners,at an open public hearing
1 in accordance with Section 380.06,Florida Statutes,considered the NOPC and approved the amendments
to the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master
Plan,marked"H-1"attached hereto as Exhibit"C".
NOW,THEREFORE, BE IT RESOLVED by thilabard'At,County the Commissioners of Collier
County,Florida that:
SECTION ONE:AMENDMENTS TO DEVELOPMENT ORDER
;z.
9
A. The Findings of Fact Section of D� 9
E�9p{nent Order �i a as amended by Development Order 02-
Olthe Winding Cypress DRI,is hereby amended"to read as follows
111111° -
FINDINGS OF�►O I {'
1. The real property which is the subject of the ADA?is legally described as set forth in
Exhibit A".
The application is` intent with`Subeection 380.06(6),Florida Statutes(2013).
3. i-"`d'he Developer'Obmrtted bi-:he County an ADA and sufficiency responses, hereby
referred to as composite Exhibit "B", which by reference thereto are made a part of
hereofto,the ext ''that they are not inconsistent with the terms and conditions of this
Order,as .,
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact,as shown on the master Plan attached hereto as Exhibit"C",and consisting of
1,928 acres,which includes:
Formatted:Font:(Default)Times New Roman
a A. A total of 233932,854 residential dwelling units, on 461336 49?.serer
Formatted:trident First Ire: a•
with a maximum gross density of 1.4c Formatted:Font:(fit)Times New Roman
' Formatted:Font:(Default)Times New Raman
Exhibit B
Page�, ,of,
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1
B. Village Geetec-Centers consisting of10030050.000square feet of Gross Floor Area
I
(GFA)of
,in addition to a clubhouse;
D. 235- acres of lakes;
E. 81-79 acres of right-of-way; m,.;:;
F. 9 acres of recreational lands;and x
G. nacres of preserves,and 48e2t2actes of miscellaneous buffers,waterways,
canal,and FPL easements.
1 ��
4
5. The development is consistent with.the report and recommei tons of the SWFRPC
}„ n
submitted pursuant to Subsection 380.06U2),F)grtda Statutes.
6. The development will not ftiterfere-s with the achievement of the objectives of the adopted
State Land Development applicable o,the area. s
Mkt
7. A coensive re of the r n
generated b�t1►e development has been conducted
rd ���
by the appate County departmetarbd agencies and by the SWFRPC.
� �
2{; cx
t r4' The dee ment iamot in an area tgneted an Area of Critical State Concern pursuant
I .
to the provrsifs of Seedti 380.05,Florida Statutes,as amended.
X
-.L
9. 7'h¢development consistent with the current land development regulations and the
IGrovvtIt(iianage Plan of Collier County,as amended.
s
10. The development is consistent with the State Comprehensive Plan.
IB. Paragraph 2, "Historical/Archeological," of the Conclusions of Law Section ectron of Development
IIOrder 99-4 as amended by Development Order 02-01,the Winding Cypress DRI,is hereby amended to
read as follows:
1
1
IExhibit B
Page L&.of,1E7
r l(>>
1 8A1
1
•
1
1 HISTORICAL/ARCHAEOLOGICAL
1. Archaeological sites 8CR786,SCR787,8CR788,8CR789,8CR790,8CR791,8CR792,
1 8CR793,8CR794,8CR795 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shall be recorded as"Preserve"on all appropriate plats,site
plans,and the Master Development Plan for the Winding Cypress DRI.
2. In areas where the sites are located in the vicinity of proposed development,a buffer or
conservation easement averaging 25 feet in width,or equivalent protections, such as
I l
temporary fencing or other structural barriers� t be preserved or constructed around
the archaeological sites. Exotics removal within thesiareas shall be by hand labor.
I3. The Developer shall cooperate,With the Department of ate, Division of Historical
Resources ("DHR") property credeettialed investigators, whenever r such access can be
reasonably accommodated. ,.
I 4. If additional aroha o ii orical sd `'are uncovered Burin the ro ed
any eon g al/htst e8 g P P�
�z t ,.
development activities, all rk in the immediatd iijc nity of such sites shall cease
N immedt y;a Develope shall c ct SWPRPC,and Collier County so that
a state f4„..rtified arGl tpologust can 4&ermine the significance of the findings and
r .� t"
reconrm ropn reservation F sl mitigation actions,as necessary.
r'; All commitments made by the l per within the ADA and subsequent sufficiency
I . . round infori n,related:tko historical and Archaeological Sites are hereby incorporated
'''‘;',4.. t
-to 11Y reference toaextent Wt!are consistent with Paragraphs 1—4 above.
IC. Paragraph 5 '' r cportation�"of Development Order 99-4,the Winding Cyptess DRI,is hereby
amended to read as follows b';,,, ,
1 TRANSPORTATION
1. The Developer or its successor or assigns shall be fully responsible for site related
roadway and intersection impro vements required within the Winding Cypress DRI, including project
IIIaccess points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be
located consistent with the Winding Cypress master Plan,attached hereto as Exhibit"C,and constructed
consistent with Collier County and FDOT's permit requirements:
1
1
I Exhibit B
Page 1.7....of Z� I2 €
1 8A
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1
1 (a) CR 951 at North Project Entrance
(b) CR 951 at South Project Entrance
1 (c) US 41 at East Project Entrance
2. The Developer shall provide its proportionate share of the costs of necessary at grade
I intersection improvements including,but not limited to,right of way,cost of signalization,turn lanes,and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
following significantly impacted intersections through DRI project;build out in286gwhich is December
31.2020.
f
(a) US 41 at CR 951/SR 951
I (b) CR 951 at SR 84/Davis Blik r
3. Improvements to the facilities outlined irLcondttion C.2,above,shalldbe made at the time
I h
that the intersection is expected to optjr�te At worse than the level of service standard adopted in the
Collier County Comprehensive Plan or shalt be'1lpgrammed forconstruction within three years of that
time. No building permits for Phase 2 of this,p%le�sba l abe tssudd unless the improvements are:eA
p
a)complete, b)under c4�ti ll.c)the subjtict{of A,cltarty.;dentified executed and recorded local
government developn t:,agreemenl,consistent :ec. 163.3220'through 163.3243, F.S., ensuring
completion concurrent WithIbe imps ,,of developtt nt;d)the subject of a binding commitment from
I Collier Co r�iu n,,comp cent,w►thhthe impacts of development; e)the subject of a
bindrng4 iutment by t Count}�"4ii the current tb years of the Capital Improvements Element;or t)
1 the subjec t.of a binding and.enforceable commitment by the Developer to provide the improvement
concurrent wl .:he impacts o ,developmet. Any combination of the above which ensures the
improvement t•tthe facility is also acceptable,provided the SWFRPC,Collier County,and DC A agree
I that the combination meets:.the intentof the transportation uniform standards rule.
~t
As an alte�td�b^'to this requirement, the Developer may pay a "proportionate share
contribution", calculated consistent with the formula in Paragraph 9J-2.045(lxh), F.A.C., to Collier
I County for this improvement. The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be
I provided through the Developer's payment of Collier County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed improvement,in accordance with the options listed in the paragraph above
i
1
I Exhibit B
e 1 g of 1
�'`���
I 1 8A
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•
I .,
Iare received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposed Change.
The proportionate share costs of the necessary at-erade improvements as referenced in
I this condition and condition C.2.have been satisfied by the payment of roads impact fees.
I I 4. To determine the project impact on regional facilities,ena anneal-biennialmonitoring
report shall be submitted to Collier County,Florida Department of Transportation,Florida Development
IofCommunity--Afairs Economic Opportunity, and SWFRPC foi'Review and approval. The first
monitoring report shall be submitted one year after the recorded date of the approval of the Development
IOrder for the Winding Cypress DRI. Successive reports shall he submitted ' mall thereafter
until build out of the project.
At a minimum, the report shall in a summary of construction and development
activities to date,in the categories of development`as recorded in the Development Order. In addition,
the report shall contain p.m.peak hour trip generation estimates Land turning improvements at each of the
I project's access points and the off-site inte�Octions listed in Paragraph 2 above. The report shall also
'�� 3
provide a calculation of the existing level Y .service at the p%Ieetsaccess points and the facilities listed in
Paragraph 2 above. Finally,an estimate of the level bf d‘lglopmentexpected to be added by the project
FP I for the forthcoming yea 'wtl; provided The monitoring report shall identify the status of the road
improvements assumed be commi and address 'deviations'`from the identified schedule.
r
5 _,� " Developae*Atir*efficient t4)edestrian and bicycle movement within and
'{5.49t
betweelf*development`s,comekihents, and td i acent properties as deemed necessary by Collier
ICounty. `;
6. 110, eveloper shall'promote transit service through the inclusion of bus stops or other
Iappropriate transit acceas,points in design,consistent with Collier County transit plans.
7. The Developer`may select one or more of the options listed in Paragraph 3 above to the
I extent that options provide adequate commitments for improvements indicated above to significantly
impacted regional roadways and intersections. Whatever options are exercised,however,shall be done
with the understanding that the following conditions shall be met:
I (a) The axenal-biennialmonitoring reports lead to the conclusion that one or more of
the regional intersections are operating at worse than the adopted level of service and the project is
r
I
7,.._Page.11_of,
1 8
I.
I
contributing more that 5%of the adopted level of service capacity, the further building permits and
certificates of occupancy shall not be granted until the standards of the County's Concurrency
tManagement System have been met.
(b) The transportation impact to the intersections identified in Paragraph 2 above,
Ishall be appropriately addressed consistent with the County's Concurrency management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted regiOnal and intersections.
D. Paragraph 6, "Vegetation and Wildlife/Wetlands"oI Development Order 99-4, the Winding
Cypress DRI,is hereby amended to read as follows:
II
However.Chapter 163.F.A.has b;e me
A en amended to remove transpgitation concurtencv. If
transportation concurrence is removed from the Collier Count-'Growth Manaitenient Plan or the
County's Land Development Code the developer would no longer be subject to these conditions.
IT �VEGETATION AN A WILDLIFJW LAND 1
1. The nest( wildlife cross' and c'gns for roadways crossings of the•preservie:-areas shall be reviewed oordination with the Florida Fish and Wildlife
I Conservatiwiomm on( FFWC"')8s part of the ERP permit process.
vim.^c
2. =°- Review Of:State listed species and habitat impacts/mitigation shall be addressed in
_x
I coordination with FFWCC during the ERP permit process based on specific site plan
.details. At a iljttimum, 1141 draft Preserve Area Wildlife/Habitat Management Plan
submitted on June 3,1999,shall be implemented for the preserve area.
3. A mimmui(i,� acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development;a conservation easement shall be pleee
Iemplaced over all conservation areas.
4. Native landscaping shall be used to the greatest extent practical. The Project will meet
Ithe criteria of Section 2.4.4.1. of the Collier County Land Development Code which
requires 75%of the required trees and 50%of the required shrubs to be native plants.
iiiii,
II
IExhibit B ~�
Page of Z ^„
I 8A
: is
1
II 5. Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take-and/or
Relocation Permit process.
I6. Upland and/or appropriate structural buffers will be provided per the SFWMD Basis of
Review.
IE. Paragraph 11,"PI 1)Document,"of Development Order 99-4 as amended by Development Order
02-01,the Winding Cypress DRI,is hereby amended to read as follows:
IPUD DOCUMENT
There is a PUD document(Ordinance 02 35 13- ),approved by the Collier County
IBoard of County Commissioners on Jane 25,2002', '`' .2013,which also governs the Winding Cypress
DRI. The Developer acknowledges that the conditions and commitments of tie PUD Document also
govern the development and use of property within Winding�s,even though PUD Document
II (Ordinances--33 2013- ),is specifically not made a part of this Development Order.
illSECTION TWO:FINDINGS OF FACT
A. The real roperty w1 is the subject of this Development Order,including the Winding
I Cypress Addition,is legal described as•set forth in Exhibit"A",attached hereto and by
,: reference madeHIapatt liiie1of'
B. °= The application is in ac dance with Section 380.06(19),Florida Statutes.
C. The Applicant submitted to the County a Notice of Change to a Previously Approved
DRI,iced as lift"B",and be reference made a part hereof.
{
D. The applicant's predecessor in interest proposed the development of Winding Cypress on
1 1928 acres of land for a mixed-use development consisting of residential,commercial
and golf club uses as described in Development Order 99-4.
IE. 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.
lir
IExhibit B
Pageg of, k @,,9
I 8A
Is ,
I
1 F. The Development Order shall remain in effect until December 31,2025.
ISECTION THREE:CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order as presented does
I constitute a substantial deviation pursuant to Section 380.06(1),Florida Statutes. The
scope of the development to be permitted pursuant to this Development Order
Amendment includes operations described in thp.l Notice of Change to a Previously
IApproved DRI,Exhibit"B",by reference made'apart hereof.
B. The proposed changes to the previously approved development are consistent with the
Ireport and recommendations of the S13RPC.
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, "f':,;
ill D. The prop ed char to the previously approved Development Order are consistent with
the Coi n County Growth Mana it Plan,as amended,and the Land Development
Regulatiotopted pursuant theretE
a
E. The pr proposed chan to the previously approved Development Order are consistent with
the State Comelrensrvlan.
I SECTION FOUR.EFL OF PIOUSLY ISSUED DEVELOPMENT ORDER,TRANSMITTAL
TO DCAFFECTIVE DATE
II A Except as amended hereby,Development Order 99-4 as amended by Development Order
02-01.shall remain in full force and effect,binding in accordance with its terms on all
parties thereto.
I
B. Copies of this Development Order 963-_shall be transmitted immediately upon
execution to the P-. . -
1 II
I Exhibit B
pageaa,of b6 (�N
, 1
8 A '
I
1 PlunningDeaartment of Economic Opportunity, and the Southwest Florida Regional
Planning Council.
iC. This Development Order shall take effect as provided by law.
I
BE IT FURTHER RESOLVED that this Resolution be recorded in the'minutes of this Board.
I FT=
This Resolution adopted after motion,second and majority!vote
IDone this day of 2013.
ATTEST:
DWIGHT E.BROCK,CLERK
,
Approved as to form and li' suffictic`y BOARD OF COUNTY COMMISSIOMERS
s COLLIER COUNTY,FLORIDA
r k :rye '''
}t" E Y
I x°`` By:
Assistant Co . ),Attorney r t x, CHAIRMAN
i '4,4, 5
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Exhibit B
Page, of,
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ls nMller TA,
New D,rections In Planning,Design 6 Engineering .'{ `
I
II • Description of Part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,
and Sections 2 and 3 of
Township 51 South,Range 26 East
Collier County,Florida.
(PARCELS"A"and"B")
I All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet
(for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom;
AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west
60.00 feet(for canal right-of-way);
I AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida;
AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida;
is Being more particularly describes as follows:
PARCEL"A":
BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida;
thence along the south lino of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said .
II Section 2;
thence continuing along said line North 89°27'31"West 233.96 feet; i
thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41
thence North 20°14'55"ill/ thence North 20°14'55"East 2036.85 feet;
thence North 69°45'05"West 45.00 feet;
thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
I Section 2;
thence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00°50'06"East 2614.26 feet;
thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel to the west
line of Section 26;
2 thence along said line North 00°50'24"East 2633.11;
thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of
Sabel Palm Road,said line being 30.00'south of the north line of said Section 26;
thence along said Right of Way line South 89°37'03"East 2541.99 feet;
t thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said •
Section 26;
I thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35;
I thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Corner of said
Section 2;
• thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the
POINT OF-BEGINNING of the parcel herein described(PARCEL"A");
III Parcel Contains 1922.2 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West.
PAGE 1 OF 2
Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beach
3200 Bailey Lane,Suite 2W Naples,Florida 34105 941-649-4040'x' 941-643-5716
oussroavw■ www.wllsonmiller.com J� :1f„
WllsonMlllsr,lnc.—FL Lie LC-0000170 Exhibit B `.
Pase.of 2i
s WiIsOnMiller
New Directions In Planning,Design&Engineering
Desc iptien of part of Sections 26,34 and 35 of
Township 50 South,Range 26 East,and Sections 2 and 3 of
Township 51 South,Range 26 East Collier County,Florida.
(PARCELS"A"and"B")Continued;
I ALSO INCLUDING THE FOLLOWING:
PARCEL"B":
COMMENCING at the Southwest Corner of said Section 26;
thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet;
thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL B");
thence along said line South 00°52'55"West 1110.23 feet;
1 thence leaving said line North 89°07'05"West 539.68 feet;
thence North 35°39'05"East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears
North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL"B").
Parcel Contains 5.7 acres more or less.
Subject to easements,restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West
Total parcel(including Parcels"A"and"B")contains 1927.9 acres more or less.
WI SONMILLER,INC.
Registered Engineers and Land Surveyors
Certificate of authorization#LB-43.
By.
Marcus L.Berman,P.S.M.#5086
Not Valid unless embossed with the Professional's seal.
Ref. 4E-50
W.O.: N0506-000-000-MABS1
I Date: October 15,1999
Revised: January 13,2000
•
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PAGE 2 OF 2
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I G„'srre Vic on.M'[ORYAY Exhibit B
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