Agenda 02/25/2014 Item # 8A2/25/2014 8.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. 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
OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) and the Southwest Florida Regional Planning Council (RPC) regarding the above
referenced petition and render a decision regarding this DRI amendment petition; and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERATIONS: The petitioner seeks an amendment to the Winding Cypress
Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida
Statutes, Subsection 380.06(19), to allow the following changes:
• Change FINDINGS OF FACT to DO #99 -4, as amended, Paragraph 4.A. to provide an
increase in residential dwelling units from a total of 2,300 dwelling units to a total of
2,854 dwelling units and an increase of 25 acres from 467 acres to 492 acres;
• Change FINDINGS OF FACT to DO #99 -4, as amended, Paragraph 4.13. in the Village
Center to Village Centers and an increase in the approved 10,000 square feet (sf) of
Gross Floor Area (GFA) to 50,000 sf of GFA retail uses with a simultaneous reduction
of 5,000 sf of GFA of office space and 15,000 sf of GFA of recreational facilities;
• Change FINDINGS OF FACT to DO 499 -4, as amended, Paragraph 4.C. to eliminate the
Golf Club, 18 holes of golf, the practice range, and the maintenance facility on 164
acres;
• A Change FINDINGS OF FACT to DO 499 -4, as amended, Paragraph 4.D. to increase
the lake area from 235 acres to 272 acres;
• Change FINDINGS OF FACT to DO #99 -4, as amended, Paragraph 4.E. to decrease the
rights -of -way areas from 81 acres to 79 acres;
Packet Page -9-
2/25/2014 8.A.
• Change FINDINGS OF FACT to DO 499 -4, as amended, Paragraph 4.G. to increase the
preserves from 796 acres to 840 and increase the miscellaneous buffers, waterways,
canals, and FPL easement areas from 180 acres to 219 acres;
• Change Historical /Archeological, of the Conclusions of Law Section of DO #99 -4, as
amended to change the Archeological site numbers to eliminate sites 8CR787, 8CR788,
8CR789, 8CR790;
• Change TRANSPORTATION, Paragraph C to add, "the proportionate share costs of the
necessary at -grade improvements as referenced in this condition C.2. have been satisfied
by the payment of road impact fees;"
• Change TRANSPORTATION, Paragraph D and G(l), to state, "biennial" monitoring
report be submitted to Collier County, FDOT, and the Department of "Economic
Opportunity" and state that successive reports shall be submitted "biennially;"
• Change TRANSPORTATION, Paragraph H to state, "However, Chapter 163, F.S. has
been amended to remove transportation concurrency. If transportation concurrency is
removed from the Collier County Growth Management Plan or the Land Development
Code, the developer would no longer be subject to these conditions;"
• Change TRANSPORTATION, Paragraph I, to provide for Benfield Road corridor.
• Change VEGETATION AND WILDLIFE /WETLANDS, Paragraph C, to change the
acreages from "776 to 840.
• Change VEGETATION AND WILDLIFE /WETLANDS, Paragraph D to eliminate the
native landscaping condition;
• Change VEGETATION AND WILDLIFE /WETLANDS, Paragraph E to change the
condition that deals with impacts to any gopher burrows,
• Change VEGETATION AND WILDLIFE /WETLANDS, Paragraph F the condition that
deals with the provision of upland and /or appropriate structural buffers provided by the
SFWMD Basis of Review.
• Revise the build -out date from December 14, 2012 to December 14, 2020 and the Development
Order expiration date from December 17, 2017 to December 17, 2025.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to
help offset the impacts of each new development on public facilities. These impact fees are used
to fund projects identified in the Capital Improvement Element of the Growth Management Plan
as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in
order to meet the requirements of concurrency management, the developer of every local
development order approved by Collier County is required to pay a portion of the estimated
Transportation Impact Fees associated with the project in accordance with Chapter 74 of the
Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a
building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the
improvements. Please note that impact fees and taxes collected were not included in the criteria
used by staff and the Planning Commission to analyze this petition.
Zn
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff was
not required to review this petition because the proposed action does not affect this project's
original consistency determination.
Packet Page -10-
2/25/2014 8.A.
SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC): The RPC
heard this Notice of Proposed Change (NOPC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on October 17, 2013.
The RPC staff assessment included the following comments:
The proposed changes do not create the likelihood of additional regional impacts not
previously reviewed by the SWFRPC and there is no presumption of a substantial
deviation.
The proposed development order amendment language is acceptable with the following
changes:
Include the following language in SECTION ONE, TRANSPORTATION, Paragraph
7(b) of the DO 99 -04 to state "However, Chapter 163, F.S., has been amended to allow
local governments through 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),F.S., provisions to amend the DO to delete all concurrency related
mitigation."
The project approval is subject to the following recommendations:
1. Notify Collier County, the Florida Department of Economic Opportunity and the
applicant that the proposed changes do not create additional regional impacts and that
Council participation at the local public hearing is not necessary, unless requested by
the County for technical assistance purposes.
2. Request that Collier County provide a copy of the proposed Development Order
Amendment, and any related materials, to the Council in order to ensure that the
Amendment is consistent with the Notice of Proposed Change.
See also attached e -mail dated January 6, 2014 from David Crawford finding that SWFRPC and
DEO agree the proposed changes were not a substantial deviation.
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEM DEO has not
offered any objection to the proposed amendment.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
CCPC heard this petition on January 16, 2014, and found that the criteria of Section 10.02.08.17
(formerly 10.03.05.I) and 10.02.13.13.5 were met. By a vote of 6 to 0 (Commissioner Rosen
abstained) with the motion made by Commissioner Homiak and seconded by Commissioner
Chrzanowski, the CCPC recommended forwarding this petition to the Board of Zoning Appeals
Packet Page -11-
2/25/2014 8.A.
(BZA) with a recommendation of approval subject to the following changes to the draft DRI
Development Order Resolution:.
1. Insert correct original master plan in staff report.
2. Add language to the new sentence introduced into transportation item "C" to indicate that
proportionate share costs will be satisfied rather than have been satisfied by the payment
of impact fees.
LEGAL CONSIDERATIONS: DRI AMENDMENT: Petitioner is requesting an amendment
to the DRI Resolution. 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.
The burden falls upon the applicant for the amendment to prove that the proposal is consistent
with all of the criteria set forth below. The burden then shifts to the BCC, should it consider
denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be
accomplished by finding that the amendment does not meet one or more of the listed criteria.
Criteria for DRI Amendment
Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure.
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. This item has been approved as to form and
legality, and requires a majority vote for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the BZA approve the request for DRI Amendment, subject to the attached DRI
Development Order Amendment and Resolution that includes both the staff recommendation and
the CCPC recommendation.
Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth
Management Division, Planning and Regulation
Attachments:
I ) CCPC Staff Report
2) Application Backup Information due to the size of the document it is accessible at:
http://www.collier2ov.net/ftp/A�endaFeb] 114/ GrowthMamt /ApplicationWindin2CypressDRLp
df
3) Resolution
4) E -mail dated January 6, 2014 from David Crawford, SWFRPC
Packet Page -12-
2/25/2014 8.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.8.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. 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- PL20120002856]
Meeting Date: 2/25/2014
Prepared By
Name: DeselemKay
Title: Planner, Principal,Engineering & Environmental Ser
1/22/2014 2:35:34 PM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 1/30/2014 6:13:10 PM
Packet Page -13-
2/25/2014 8.A.
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 1/31/2014 10:00:03 AM
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
Date: 1/31/2014 11:12:21 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/12/2014 8:46:38 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 2/14/2014 8:30:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/14/2014 10:53:21 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/18/2014 9:11:10 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/18/2014 12:01:08 PM
Packet Page -14-
2/25/2014 8.A.
AGENDA ITEM 9 -C
Co der C'M"ty
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES --LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING DATE: JANUARY 16, 2014
SUBJECT: DOA- PL20120002856: Winding Cypress DRI (COMPANION TO PUDA-
PL20120002855: WINDING CYPRESS PUD)
PROPERTY OWNER & APPLICANT /AGENT:
Applicant/Contract Purchaser:
DiVosta Homes, LP
c/o Chris Hasty
24311 Walden. Center Dr Ste 300
Bonita Springs, FL 34134
Agents:
Anita Jenkins AICP
J.R. Evans Engineering, P.A.
231.50 Fashion Drive, Ste 24
Estero, FL 33928
Owners:
Barron Collier Co., Ltd.
2600 Golden Gate Pkwy Ste 200
Naples, FL 341 -5
Barron Collier Investments, Ltd.
2600 Golden Gate Pkwy
Naples, FL 34105
Richard D. Yovanovich, Esquire
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
NOTE: Barron Collier Company, Ltd. and Barron Collier Investments, Ltd. own Tract B. DiVosta
Homes, LP owns the existing Village Center tract. Many other property owners and associations own
or otherwise control property within the overall Winding Cypress PUD.
REOUESTED ACTION:
The petitioner seeks an amendment to the Winding Cypress Development of Regional Impact (DRI)
Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the
following changes:
a. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.A. to provide an increase of
507 residential dwelling units from a total of 2,395 dwelling units to a total of 2,854 dwelling units on an
increase of 25 acres from 467 acres to 492 acres;
b. Change FINDINGS OF FACT to DO #994, as amended„ Paragraph 4.B, in the Village Center to
DOA- PL20120002856: Winding Cypress DRI Page 1 of 6
January 16, 2014 CCPC
Revised 12131/13 Packet Page -15-
2/25/2014 8.A.
Village Centers and an increase in the approved 10,000 square feet (s)f of Gross Floor Area (gfa) to
50,000 sf of gfa retail uses with a simultaneous reduction of 5,000 sf of gfa of office space and 15,000 sf
of gfa of recreational facilities;
C. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.C. to eliminate the Golf
Club, 18 holes of golf, the practice range, and the maintenance facility on 164 acres;
d. A Change FINDINGS OF FACT to DO #994, as amended, Paragraph 4.D. to increase the lake area
from 235 acres to 272 acres;
e. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.E. to decrease the rights -of-
way areas from 81 acres to 79 acres;
f. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.G. to increase the preserves
from 796 acres to 840 and increase the miscellaneous buffers, waterways, canals, and FPL easement areas
from 180 acres to 219 acres;
g. Change Historical/Archeological, of the Conclusions of Law Section of DO #99-4, as amended to
change the Archeological site numbers to eliminate sites 8CR787, 8CR788, 8CR789, 8CR790;
h. Change TRANSPORTATION, Paragraph C to add, "the proportionate share costs of the necessary
at -grade improvements as referenced in this condition G2. have been satisfied by the payment of road
impact fees;"
i. Change TRANSPORTATION, Paragraph D and G(1), to state, "biennial" monitoring report be
submitted to Collier County, FDOT, and the Department of "Economic Opportunity" and state that
successive reports shall be submitted "biennially;"
j. Change TRANSPORTATION, Paragraph H to state, "However, Chapter 163, F.S. has been
amended to remove transportation concurrency. If transportation concurrency is removed from the Collier
County Growth Management Plan or the Land Development Code, the developer would no longer be
subject to these conditions;"
k. Change TRANSPORTATION, Paragraph I, to provide for BenfieId Road corridor.
1. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph C, to change the acreages from
"776 to 840.
m. Change VEGETATION AND WILDLIFE[WETLANDS, Paragraph D to eliminate the native
landscaping condition;
n. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph E to change the condition that
deals with impacts to any gopher burrows,
o. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph F the condition that deals with
the provision of upland and /or appropriate structural buffers provided by the SFWMD Basis of Review.
p. Revise the build -out date from December 14, 2012 to_ December 14, 2020 and the Development Order
expiration date from December 17 to December 17, 2025.
GEOGRAPHIC LOCATION:
The subject 1,928+ acres (the entire Winding Cypress PUD) is located in Sections 26, 34, and 35,
Township 50 South, Range 26 East and Sections 2 and 3, along the eastern side of Collier Boulevard (CR
951) south of Sabal Palm Road in Township 51 South, Range 26 East, Collier County, Florida. (see
illustration on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
The Winding Cypress Development of Regional Impact (DRI) Development Order (DO) was approved
on December 14, 1999 with Resolution No. 99- 467/DO 99-4. The DO approved 2,892 dwelling units, a
village center consisting of 10,000 gsf of commercial retail /service space, 10,000 gsf of
DOA- PL20120002856: Winding Cypress DRI Page 2 of 6
January 16, 2014 CCPC
Revised 12/31/13 Packet Page -16-
2/25/2014 8.A.
Trm OL ION / I
Packet Page -17-
z
z
0
N
to
LO
00
C)
O
4t
Z
O
LU
(L
till
- -
OC)
00
IL -1
=
� \ a E
F
F7;
a
vp '8 C9
k�lz Or
Packet Page -17-
z
z
0
N
to
LO
00
C)
O
4t
Z
O
LU
(L
�
,
� / L
_m
Packet Page -18-
2/25/2014 5.A.
.| AI
k, K
-
§'� §�
-
/
kkk
\( �
O k
d� `®
§
j)00 M.,
-. � § ■�
k
/
\
\
r+ �
t
e�
e.
1"�'�
met
All
z
fir' L'
aw
2/25/2014 8.A.
office, and 10,000 gsf of recreational facilities, in addition to a clubhouse, 45 holes of golf, practice
range and maintenance facilities on 358 acres, 235 acres of lakes, 66 acres of right -of -way, 9 acres of
recreational lands, and 713 acres of preserve, and 88 acres of miscellaneous buffers, waterways and FPL
easements. Access is or will be provided from two entrances; an existing entrance into community is
located on the west from Collier Boulevard and a secondary entrance will be located on the south from
Tamiami Trail
As of the 2010 -2012 DR I biannual monitoring report, the Winding Cypress DRI contained 1,622
single- family residential units; zero (0) multi- family residential units; 10,000 square feet of commercial
retail space; 5,000 square feet of office space; 15,000 square feet of recreational space, and zero (0) holes of
golf.
Previous Changes
There have been two (2) previous changes to the DO for the Winding Cypress DRI. A Notice of
Proposed Change (NOPC) was submitted and the project DO was amended by Resolution No. 02 -302
(DO 02 -01) on June 25, 2002. The Development Order was further amended to correct a scrivener's error
by Resolution No. 06 -18 on January 24, 2006.
The subject changes have been as follows:
1. On June 25, 2002, the Board of County Commissioners, approved the amendments to the Winding
Cypress DRI development Order and approved the revised Winding Cypress DRI Master Plan,
marked "H -1" by the adoption of Resolution 02 -302 and Development Order 02 -01 to adopt the
following changes:
a. The applicant proposed to revise the project master development plan due to evolving market
conditions and in response to recommendations received during the environmental permitting
process. The applicant proposed to reduce the total number of residential units by 592 units
thereby reducing the density of the project. The NOPC proposed a maximum of 2,300 residential
units of which up to 1,440 could be single - family and up to 860 could be multi- family. The
decrease would reduce the project density from 1.5 units per acre to 1.2 units per acre;
b. The applicant requested the flexibility to convert up to 100 of the 1,440 single - family units to
multi - family units using a conversion ratio of 1.95 MF for each SF converted;
c. The approved 45golf holes on 358 acres were to be reduced to 18 holes on 164 acres and a
club facility, maintenance facility and driving range were to be deleted.
d. The applicant requested a minor adjustment to the 30,000 sf of Village Center. A decrease of
5,000 sf, with a corresponding increase of 5,000 square feet in the amounts of office and
recreational uses, respectively within the Village Center;
e. The project preserve area was being increased by 83 acres from 713 acres to 796 acres;
f. The applicant requested a redesign and relocation of approved uses within the Winding
Cypress DRI as depicted on the DRI Master Plan marked "H -l." See Exhibit A;
g. Section 2.0, Historical/Archeological, Paragraph D, of the DO would be revised to eliminate
language requiring that the developer seek registration of sites in the National Register of Historic
Places. In turn, the DO would be revised to require all archeological sites identified in the DRI
Application for Development Approval (ADA) be located within designated "Preserve Areas" or
have conservation easements placed over them;
h. Section 3.0, Hurricane Evacuation/Flood Plains, Paragraph B, of the DO would be revised to
DOA- PL20120002856: Winding Cypress DRI Page 3 of 6
January 16, 2014 CCPC
Revised 12/31/13 Packet Page -20-
2/25/2014 8.A.
delete reference to the alternative mitigation options. Sufficient off -site hurricane shelter
mitigation for the Winding Cypress DRI had been arranged and approved through the Collier
County Emergency Management Director; and
i. The amendments to the terms and conditions of the Winding Cypress DRI Development
Order.
2. The Development Order was further amended on January 24, 2006, by Resolution 06 -18 to correct
a scrivener's error to bring consistency with the PUD Document that removed references to
specific numbers for different residential dwelling unit types and providing for a total of 2,300
residential units on 448 acres as was intended.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPQ:
The RPC heard this Notice of Proposed Change (NOPC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on October 17, 2013.
The RPC staff assessment included the following comments:
The proposed changes do not create the likelihood of additional regional impacts not previously
reviewed by the S97FRPC and there is no presumption of a substantial deviation.
The proposed development order amendment language is acceptable with the fiollowing changes:
Include the following language in SECTION ONE, TRANSPORTATION, Paragraph 7(b) of the
DO 99 -04 to state "However, Chapter 1.63, F.S., has been amended to allow local governments
through 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),F.S., provisions to amend the DO to delete all
concurrency related mitigation."
The project approval is subject to the following recommendations:
1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant
that the proposed changes do not create additional regional impacts and that Council
participation at the local public hearing is not necessary, unless requested by the County for
technical assistance purposes.
2. Request that Collier County provide a copy of the proposed Development Order
Amendment, and any related materials, to the Council in order to ensure that the Amendment is
consistent with the Notice of Proposed Change.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any input to Collier County staff regarding this proposed amendment.
DOA- PL20120002856: Winding Cypress DRI Page 4 of 6
January 16, 2014 CCPC
Revised 12131/13 Packet Page -21-
2/25/2014 8.A.
COUNTY STAFF ANALYSIS:
Development authorizations contained in DRI Development Orders are prerequisites to zoning actions
that implement DRI land use authorizations. DRI Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation
under Sub - chapter 380.06(19)(c), Florida Statutes that states:
An extension of 5 years or less is not a substantial deviation.... Any extension of the buildout date
of a project or a phase thereof shall automatically extend the commencement date of the project, the
termination date of the development order, the expiration date of the development of regional
impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real
estate market conditions, all phase, buildout, and expiration dates for projects that are
developments of regional impact and under active construction on July 1, 2007, are extended for 3
years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not
subject to further development -of- regional- impact review, and may not be considered when
determining whether a subsequent extension is a substantial deviation under this subsection.
Staff is of the opinion that it is appropriate to approve the changes proposed to the DRI DO including
extending the buildout and expiration dates for this project given the changed economic situation. Staff
does not anticipate any increased impacts or increased demands on infrastructure if this amendment is
adopted, and further staff believes the proposed amendment is not contrary to any Growth Management
Plan provisions.
The project was originally approved for 38 more units than are currently being sought in this amendment
therefore the RPC has determined that since more impacts were initially analyzed and accounted for, no
additional DRI review is warranted due to the requested build out and expiration date extensions.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on December 31, 2013.
Criteria for DRI Amendment
Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the Growth Management Plan.
3. Consider: Impacts on public infrastructure
STAFF RECOMMENDATION
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
DOA- PL20120002856 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
DOA- PL20120002856: Winding Cypress DRI Page 5 of 6
January 16, 2014 CCPC
Revised 12/31/13 Packet Page -22-
PREPARED BY:
KAY Dr-SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
REVIEWED BY:
RAYMONEY. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
MIKE BOSI, AICP, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
wj, FAF- ff'IA- E"
10 .
DA E
/?- A0 -1.3
DATE
/ -) - q,:) - 1`3
DATE
i - l -ly
DATE
Tentatively scheduled for the February 25, 2014 Board of County Commissioners Meeting
DOA-PL20120002856: Winding Cypress DRI
January 16, 2014 CCPC
Revised 12/31/13
Packet Page -23-
Page 6 of 6
2/25/2014 8.A.
rom: David Crawford [dcrawford @swfrpc.org]
ent: Monday, January 06, 2014 11:59 AM 2/25/2014 8.A.
o: Deselem Kay
ubject: Winding Cypress DRI
:ay — On October 17, 2013, the SWFRPC reviewed and approved the Council staff comments regarding the Winding Cyr
)RI NOPC. In our review we determined that based on Chapter 380.06 the subject DRI was previously reviewed for the
roject's impacts and the required regional mitigation in the original approval was not changed in the subsequent NOPC
mendments to the DO. Because the subject DRI was previously reviewed and because the mitigation for the project impacts
sere still enforced and have been implemented as required, the proposed changes to the development approval was determined
y the SWFRPC and the Department of Economic Opportunity (DEO) not to be a substantial deviation. With respect to the
meframes of the project, the Council staff discussed this matter with the DEO and determined that under 380.06(19)(e)2.1.,
'.S. the requested changes that the state land planning agency, in consultation with the regional planning council agreed the
roposed changes enumerated in sub - subparagraphs a. -k. did not create the likelihood of any additional regional impact and
ierefore did not need to be found as a substantial deviation to the DRI.
hould you have any questions concerning this matter, please do not hesitate to contact me.
)avid E. Crawford, AICP, Principal Planner
outhwest Florida Regional Planning Council
926 Victoria Ave.
t. Myers, FL 33901
'hone: 239 - 338 -2550 Fax: 239 - 338 -2560
crawford@swf
ipc.org
Packet Page -24-
2/25/2014 8.A.
N6TICE 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
+ap, 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
W
PLAN, TRACT B TO EXHIBIT A; PROVIDING FOR ADDITION OF EXHIBIT C, BICYCLE
Z
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)
—I
AND COLLIER BOULEVARD (CR -951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50
Q
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)
LD
W
....
J
0-
A RESOLUTION AMENDING RESOLUTION NO. 99 -467, AS AMENDED,
,Q
(DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF
Z
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
E-)
OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000
('14
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
L6
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
ro
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
dJ
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
V)
In
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 +/-
C
ACRES. (DOA- PL20120002856)
Copies of the proposed Ordinance and Resolution are on file with the Clerk to the
j
Board and are available for inspection. All interested
p parties are invited to attend
>
and be heard.
0A**
NOTE: All persons wishing to sneak on any agenda item must register with the
®
County manager prior to presentation of the agenda item to be addressed.
0
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
IN
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
TOM HENNING, CHAIRMAN
DWIGHT E. BROOK Ci FRK
By: Martha �
February s. 2 Packet Page -25- No 2014843
2/25/2014 8.A.
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
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- PL2012000285611
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 DRITUD — DOA- PL20120002856 l of 9
Rev. 2" 1;114 Words str t l} are deleted; words underlined are added.
Packet Page -26-
2/25/2014 8.A.
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
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 DRUPUD — DOA- PL20120002856 2 of 9
Rev. 2x'13/14 Words sna 't."„^Uug h are deleted; words underlined are added.
Packet Page -27-
2/25/2014 8.A.
to the extent that they are not inconsistent with the toms 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 —234W 2.8 ",4 residential dwelling units, on 4-" 492 acres.
B. :4- Village C= e *tt�F-C'emers consisting of 1 Q.00Q50.000 square feet of Gross Floor Area
(GFA) 4
reef i....... in addition to a clubhouse;
C G ll, C-lHh 19 holes „t' t!',.,,.w s,.e:�.� y eoiit'tizii-HF?-1'6.1
C. P. X4.272 acres of lakes;
1)). & 84--79 acres of right -of -way;
1. 4-L 9 acres of recreational lands; and
1-_ C37 -,car. 840 acres of preserves. and 210 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 %vith 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 DRUPUD - DOA- PL20120002855 3 of 9
Rev. 21113114 Wardsclr tough are deleted; words underlined are added.
Packet Page -28-
2/25/2014 8.A.
2. HISTORICAI.,/ARCHAEOLOGICAL
A. Archaeological sites 8CR786, 9C40-9 �. ' ' 78& 8G14-,189.1 . 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 archaeologicalihistorical 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 +n 22009 which is December
31. '10N).
(1) US 41 at CR 95 US 951
(2) CR 951 at SR 84 /Davis Blvd.
Winding Cypress DRITUD — DOA- PL20120002856 4 of 9
Rev. 2/13/14 Words stpaek4h ough are deleted, words underlined are added.
Packet Page -29-
2/25/2014 8.A.
C. Improvements to the facilities outlined in condition 5.13, 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. 1633220 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(l)(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 pro ortionate share costs of the necessary _at-grade _improvements as referenced in
this co nditior and condition 5.13. will be satisfied by the pavrnent of roads r�mnact fees,
D. To determine the project impact on regional facilities, era tial biennial monitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
-A # !-s I1.conomic Opportw>sijy, 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 rtt lav- b'enniallv 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 (,,) 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 ; of 9
Rev. 2113/14 Words std- thy-ou are deleted; words underlined are added.
Packet Page -30-
2/25/2014 8.A.
(1) If atr+R+al- 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 S% 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. However, Chapter 163, F.S. has been amended to allow local governments through 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
380.0609)(e), F.S.. provisions to amend the DO to delete all concurrency related mitigation.
I. Within 180 days of the County's written request the Owner shall convey to the CountY a
road easement for the road right of wav needed for a section of Benfield Road up to a width of 140 feet
free and clear of all liens and financial encumbrances. I'lie 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 modif'v any state or federal pennits related to the extension of Benfield Road
Upon recordation of the road easement in the public records of Collier County. the Owner small be paid
the fair market value of the road easement. The Developer shall disclose (in writing) to all propem
huvers 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 -0 i, 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 irnplememed for the preserve area.
C. A minimum of 7-76- 840 acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development, a conseration easement shall be placed
over all conservation areas.
Winding Cypress DRITUD — DOA- PL20120002856 6 of 9
Rev. 2/13/14 Words sow444r to are deleted, words underlined are added.
Packet Page -31-
2/25/2014 8.A.
D-. N44-Be Wid.- sliall be used to tile PFHe4ieH!. 141-0
cri+e -f t13 X41" -ft c�€tl►e recjtiteE# �:lr }= t+bs -tt} be�f��nts
V, lffipaels 10 any gopher 10AE)ise b� ._
Ill tuna pe;-Illit -proves� .
tea Ott# lrs Hill
._
Re-i .
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 -413 =� 14- ) approved by the Collier County Board of
County Commissioners on June ^-& 200-2 2014, 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 ; 4 201=1- ), 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 sliall 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
Winding Cypress DRI /PUD - DOA- PL2.0120002856 7 of 9
Rev. 2/13/14 Words stmO"hnaugb are deleted; words underlined are added.
Packet Page -32-
2/25/2014 8.A.
Order Amendment includes operations described in the Notice of Change to a 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.
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 f6rce and effect, binding in accordance
with its terns on all parties thereto.
B. Copies of this Development Order 14- 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 day of 20I4.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Winding Cypress DRITUD — DOA- PL20I20002856 8 of 9
Rev. 2113!14 Words &WuEl, threagh are deleted; words underlined are added.
Packet Page -33-
Approved as to form and legality:
2/25/2014 8.A.
Heidi Ashton -Cicko
Managing Assistant County attorney
Attachments: Exhibit A — Legal Description (from D.O. 02 -01)
Exhibit $ - Notice of Proposed Change
Exhibit C — Reprised Master Plan
CP`,13 -CPS - 01229144
Winding Cypress DRITUD — DOA- PL20120002856 900
9
Rev. 13"14 Words swde. are deleted; words underlined are added.
Packet Page -34-
2/25/2014 8.A.
MIS6.7, filler
&wn1, ftWV, DW4M aaVftftV
1 Description of Part of Sections 26, 34 and 35 of
Township 50 South, a 26 East,
and Sections 2 and 3 of
Township 5I South, Range 26 East
Collier County, Florida.
(PARCELS "A" and "g ")
All of Section 26, Townshi 50 South
(for road right 1! p ' Range 26 � Collier County, Florida; less and except the 'north feet
y) and the west shi feet (for canal right -of- -way) therefrom;
AND ALSO All of Section 35, Township 50 South, Range 26 East, CalIier County, Florida, less and except 60,00 feet (for canal right -of -way);
j AND ALSO Part of Section 34, Township 50 South, Range 26 East the west
AND ALSO Part of Section 2 Township 1 South g Collier County, Florida;
AND ALSO Part of Section 3, Township 51 South, Range 26 East, Calker Count),, Florida;
Range County Florida;
j Being more particularly describes as follows:
PARCEL "A":
BEGINNING at the Southeast corner of Section 2, Township 51 South, Range 26 East, Collier Coun
thence along the south line of said Section 2 North 87002'48" West 2717.79 feet to the South
j Section 2; tY, Florida;
thence continuing along said line North 89027'31" West 233.96 feet; Quarter Corner of said
thence leaving said Iine North 54021'26" West 3802.70 feet along the northeast right -of -way line of U.S. 4
j (Tarniami Trail);
thence North 20014'55" 1
thence North 69 045'05" West 45300 feet;
thence South 89015' 14" East 60.00 feet point on
Section 2; et to a P a line lying 60 feet east of and parallel thence along said line thence North 00 °44'46" East 1350.52 feet to a paint on the Nom Lin to the West Line of said
on a line lying 6Q feet east of the west line of said Section 35;
thence along said line North 00050'06" west
East 2614,2e feet; a of Section 2, said point
thence continuing along said lint North 00°52'55" East 2619.36 feet to a oin
thence along said line South 89033'56" East 40.00 to a point on a line lying 100 feet east of and parallel to
p too the North Line ofsaid Section 35;
line of Section 26;
thence along said line North 00050'241, P the weal
thence continuing along said line North 00°50638 " "' East 2604.58 feet to a point on the
Saba] Palm Road, said Iine being 30.00' south of the north Fine of said Section 26; Southerly Right of Way line of
thence along said Right of Way line South 89 037'03" East 2541.99 feet;
thence continuing along said line South 89 °37'26" East 2642.08 feet to a
thence along the East Line of said Section 26 South 00014'00" East 2606 72 feet to the East Quarter said 26;
Section 26;
thence continuing along said line South 00 °14'36" East 2636.75 feet to the Southeast Corner a ofsaid
thence along the East Line of said Section 35 South 00024'57" West 26 the S feet to the East
Section 35; of Section 26;
thence continuing along said line South 0002329" West 2637.20 feet to the Southeast a East Quarter Corner of said
thence along the East Line of said Section 2 South 00040'26" W
Section 2; of said Section 33;
West 2801.59 feet to the East Quarter Corner of said
thence continuing along said line South 00040'46'" West 2750.15 to the Southeast Cotner of said Section POINT OF BEGINNING of the parcel herein described (PARCEL "A ");
Parcel Contains 1922.2 acres more or less, on 2 and the
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 00248" West.
iv •
Naples Fart Myers Sarasota Sredeaton Tampa Ta/lsksste$
13al1eYUW Surte2V0 Ages Flwr * 34ta5.8507. 34'1- 649 - 4040'x` 941
o`er i� or >.es'+'a�ta;i C
»�c:�rLsanm arcom - sd3 -s7r6 G)�h%bc*+
Packet Page -35-
e�
Pr
1
�1
I
2/25/2014 8.A.
MISOMMIler
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 ") Continued;
PARCEL "B ": ALSO INCLUDING THE FOLLOWING:
COMMENCING at the Southwest Comer 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 Section 35 and the POINT OF BEGINNING of the parcel herein described a 40 feet west of the West Lint of
thence along said Iine South 00 °52'55" West 1 I IOZ3 feet; (PARCEL `$ ");
thence leaving said line North 89 °07'05" West 110.23 feet;
thence North 35 039'05" 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 °3646" subtended by a chord whit
North 25 020'42" East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL "$ " }, h bears
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 °02148" West
Total parcel (including Parcels "A" and "B ") contains 1927.9 acres more or less.
WILSONMILLER, INC.
Registered Engineers and Land Surveyors
Certificate of authorization #LB43.
Michael.H. Maxwell, PSM 6��
Not Valid unless embossed with the Professional's seal.
Ref. 4E -50
W.O.: Np506- 000 - 000 -MABS 1
Date: October I5, 1999
Revised : January 13, 2000
V
Packet Page -36-
C h, b'%+ A
iJ
t
C
u
jo
t
r
2/25/2014 8.A.
FORM DEO- BCP- PROPCHANGE -1
Rule 73C- 40.410, FAC. Effective 11.20 -90
(Renumbered 10- 01.11)
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY PLANNING & DEVELOPMENT
The Caldwell Building, MSC 160
107 East Madison Street
Tallahassee, Florida 32399
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRI be made to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. i, :W the undersigned owner/autho=ed
representative of DiVosta Homes, LP_, her y give notice of a proposed change to a
(developer)
previously approved Development of Regional Impact in accordance with Subsection
380.06(19), Florida Statutes. In support thereof, I submit the following information concerning
the WINDING CYPRESS development, which
(original & current project names)
information is true and correct to the best of my knowledge. I have submitted today, under
separate cover, copies of this completed notification to Collier County
(local government)
to the Southwest Florida Regional Planning Council, and to the Bureau
of Local Planning, Department of Community Affairs
Date
2. Applicant (name, address, phone).
Exhibit B
Packet Page -37-6
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, See. 2.
5. 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,
development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
DiVosta Homes, LP
24311 Walden Center Drive, Suite 300
Bonita Springs, FL 34134
(239) 248 -5309
Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No.
3. Authorized Agent (name, address, phone).
Richard Yovanovich, Esq.
Coleman Yovanovich & Koester, P.A.
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
(239) 435 -3535
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, See. 2.
5. 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,
development order conditions and requirements, or to the representations contained in
either the development order or the Application for Development Approval.
Exhibit B
Packet Page -38 -ZA
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.
99467 and Development Order 994. On the same date the property was rezoned to
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
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
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:
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.
b) An increase in the acreage of takes 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
'
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.
c) Buffers, waterways, canal and FP &L easements are increased from ISO acres
to 219 acres.
f) The build -out date will change to 2020.
Exhibit B
Packet Page -38 -ZA
IH
0
�I
2/25/2014 8.A.
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 Vi'iinding 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
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 % mile on a
project master site plan or other map.
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.
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
.. Exhibit B
Packet Page 392 f 4u
3
0
i]
I
[1
2/25/2014 8.A. -
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
development 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
Center
17
15
-Village
Lake
272
235
79
81
-Right-of-Way
Recreational
9
9
_ Exhibit l3
Packet Page -40- �
4
i
LJ
t
2/25/2014 8.A.-
Preserve
840
796
Miscellaneous, Buffers, Waterways,
Canal and FPL Easements
219
180
Golf Course, Golf Club, Golf Course
Maintenance and Practice Range
0
164
Total
1928
1928
b. An updated legal description of the property, if any project acreage is/has been
added or deleted to the previously approved plan of development;
See attached legal description
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;
The build -out date has been extended to 2020 and the DRI expiration date to
2025
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
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
submitted as specified in Subsection 9J -2.025 (7), F.A.C.
The specifications for the annual report have been revised to reflect a
! biennial timeline.
i
S
Exhibit B
Packet Page -41 -,
4
t
J
�--A
Q
r�
ID.,
..r
W
A
d
A
A
u
0
2/25/2014 8.A.
t3.
W
C: W
z
xQ
N
o
N
0
N
W
AO
%
O
yA
z
z
z
z
c�
o
w�
Cy
�
C
�
0
W
OVA
c
L
N
i
N
�
0
W
OD
C
V
Q
Cl.
.:v
•
to
y
CU
Cl
V
t6
>
�
�
X
th
D
Q
r-
U
0
�+ U
3
E
a
�.
r�
r�
-2
•°��'
v ti
k
¢
D
3
&.
4
<C
x
4t
4t
in
Q ac°i
i:W
O
Q
c�
W
a
c
�
A
a
w
0
o
z
Y M
O
0
1�
Q r� V
Exhibit B
Packet Page -42 -t
0
"S3
.n
0
E
a�
0
0.
0
D
y
U
v
U
U
O
G
Q
-C v
v pp
cC �
v ;
H v
v >
v
,:) o
Cw
CIS
C
1
v
rn
C
O —"
t� R%
aj
v �
.Q ca
o �
0
c �
:: 3
0
z�
I
I
r
o
Qi
j
I
i
2/25/2014 8.A.
- Z `uric 13 —
Packet Page -43-.4
'ZI
0
to
0
O
v pp
0 0
,Z3 w
.2
>
o
C4
E
a f.� 'o
0
"OU
0 a,
O CG
0
C3
U
M6 V
;q
:> Ln
Z
OV
aw
oQ
P6s
z
*0
O
7R
2
E
W
CA
-0
Cu
CO
to
W
t7.
vs
W,
(11)
Cn
cc
=
u
w
—5
Q
f4
M.
0
0
—4)
0
I:+
rn
Ca N
Co
y,
Gn
0
m
a
>
2
C
to G
Cd
E
0
0
4)
0.)
Co
E
0
u
4t
m
z
7-1
>4
F.
Cl)
0
m
:3
- Z `uric 13 —
Packet Page -43-.4
'ZI
0
to
0
O
v pp
0 0
,Z3 w
.2
>
o
C4
E
a f.� 'o
0
"OU
0 a,
O CG
0
C3
U
M6 V
;q
:> Ln
1�
t
n
Rl
�' o
0
z
W
H
H
W
Q
a
F
�MM
Fy1
7
__ -- 2/25/2014 8.A.
W
�W
d�
�Q
U
GU
AO
v�
W
O
�A
P-4
a
z
O
z
A
W
0
W
yy
O
L
SM
c�
v1
Ri
Clr
L
c
cC
CA
o
fj
�
Cn
S
0
b
C
a ti
4
y
p
v
R
Z
o
-
y
w.
v v
_
nn
v
v
a,
G
o
W
L1
R
o
c
a
v
•�'
4.r
:r
U
a.
tCG
2
V
d
U
U a
m
cLj
w R
0
N
2
r
0
W
�
O
R E
V (A
Cu
il+
C3]
W
Ca
7.12
0 p
A
¢�a
a
z
.~n
O
v
O
c
v U
w ¢` 5
0
`zf
o z
z`. L:us. n
Packet Page -44
a
w
0
� I
ro
v
y
0
0
a,
v
0
VI
0
R
s
U
T3
6J
d
a
� v
v R
4 �
L
v _o
d
6)
�a
C5
U
w
" o
-v
R R
U
�� II
R
VUf
0
C6 v
y
R y
0
z�
i
y
l
1�
U
z
a
0
Q
z
w
H
d
w
a
H
a
r7
I cc
r
0
2/25/2014 8.A.
w
�W
�
o
0
()
N
N
O U
o
0
aw
M
°O
4
oQ
A
ri
C4 °�
Ozi
a
N
�
00
t`
M
�
N
�,
a
�
L
N
�
N
as
c
3
acz
a
•�
�
a
Ob
�I
y
to
�
y
�
w
C
t�
a
s
OA
00
pp
00
C
C
y
U
a
ei
C
CO
04
:b
`tt�► �
•C
C
p
C
rn
�
O
Q
iC
�
•G
a
C
C
C
V
Rs
a.
3
'�"
ro
a,
bp
E
M
IU
o
W
¢�
^+
c,..,
15
o
o
A
w
a
o
;;
ca
ck x
L
Q
A
a
v�
a» c�
Q
F
Q as
W
r-.
a
w
03
a
v
cC
Lt�.LfL t. r.
Packet Page.- C
a
"q
d
y
a
a�
w
0
y
a
'L7
tCC
4�0
U
y
0
i.
O w,
O a
'y^ L
by
v�
,o
C o
co
Y.
y O
o
c
v
o c
r
cm
cny ,c
�H
2 3
Z -10
11,
V
x
U
z
o
z
x
W
F
MJ
F
W
a
F
i�
Ll
2/25/2014 8.A.
Exhibit R
Packet Page -46- —
C4
w
v
0
^a
cu
a
O
'a
0
v
Cz
U
on
s
0
°
U CJ
O �
o :c
•L Q
N Q
N >
-o 'o
0 y
Cd -
�E
Cl
c �
C6
U O
v
O -p
R
0 Cr
V
O E
;
a
. ca
v
=°
Oq
Cd
�y
op
c
3
o �
zb
z�
o
Ux
OU
CA w
� W
n
O A
°O
a
a
Z
V
O
z
°
a
o
AA
�
o0
o
C)
3
o
x
0
w
w
42
C
F;
U
y
N
2-
•..
�
N
y
as
Cr
y
00
'�
_
•V7
p'
W
�
7
an
v
w
o
y
ti
C
t4
u
Q
ti
tC
U O
N
U U
U
C
°
ej
i
C n
y
O C
C
�
°
_
,
C vi
cc
U
to
O.
O
O
`
«.
C
O v
y
V
�j
Uf
O
.`
C�,
r+
O
k O
/��
ice+/!
O
t
E d
O
�'
W
/Oryry
,�V//
< tJ
.
Q
Q
zm
Ln
U
W
v
z
+-3
v
O
ci v
p
Ca
Cn
s
F
o U
«'
3 z°
'° z�
Exhibit R
Packet Page -46- —
C4
w
v
0
^a
cu
a
O
'a
0
v
Cz
U
on
s
0
°
U CJ
O �
o :c
•L Q
N Q
N >
-o 'o
0 y
Cd -
�E
Cl
c �
C6
U O
v
O -p
R
0 Cr
V
O E
;
a
. ca
v
=°
Oq
Cd
�y
op
c
3
o �
zb
ti
1
r
Ell
U
z
0
z
0
>
Lla
2/25/2014 8.A.
Exhibit B
Packet Page -47-
O.
0
a.
0
O
O
Cu
Ch
Ch
O
CrI OD
4) Cz
w
40.
14 C
C;
0.0
C
0
o
Co
tn
Z
Z
00
O
00
0
O
to
as
42
Ca
W7
CL
W
mo
O
Cl.
0
tw
CA
Cd
=
r-
Q
u
Cm
Cz
(n
Cn
u
u
CL
0
u
u
C:6
�n
cc
0
43
0
:=
"12
u
m
.2
C
-=
C13
U
ba
to
8%
m
5
0
2
00
0
0
Qo
E
O
Ca
C3
Co
0
<
m
2
o
<
cc
<
<
<
e
o
0
rL io
acc
EK
Exhibit B
Packet Page -47-
O.
0
a.
0
O
O
Cu
Ch
Ch
O
CrI OD
4) Cz
w
40.
14 C
C;
0.0
C
0
o
Co
tn
t
V
z
0
Q
z
N
W
A
t
i
i
i
2/25/2014 8.A. -
�W
U
^o
Ao
0
o
WA
O
a
�
a
Q
b
o
ad
ro
-ri
En
En
O
a
0
A
W
Cd
�
0
N
0 :�
0
0 0
a
a0
N
.,0 >
v
-rs v
O
T� o
G
C w
U �
U
R°
U
H �
0.0
v
c
0 =o
..
Cl
0
o Cr
A
o �
p
�o
W
o�
Lz,
F
0
qu
�
G
z
Exhibit B
t ,M. t 01 -r 9 6
Packet Page -48-
t
RESOLUTION NO. 2013-
DEVELOPMENT ORDER NO. 2013m
A RESOLUTION AMENDING DEVELOPMENT ORDER NO.944
AS AMENDED BY DEVELOPMENT ORDER 02.01, FOR THE
WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT
( "DRI") BY PROVIDING FOR AMENDMENTS TO INCREASE THE
NUMBER OF RESIDENTIAL DWELLING UNITS; TO ELUVENATE
THE ACREAGE OF THE GOLF COURSE ANI; 4yPRRESPONDING
NUMBER OF HOLES; TO INCREASE,,, j� AMOUNT OF
PRESERVE AREA AND BUFFERS, WAT.=,V AYS, CANALS AND
FP &L EASEMENTS, AND TO Fl- HEItrtAMEND; THE
HISTORICAIIARCHEOLOGICAL ` SECTION` THE
TRANSPORTATION SECT16k, °' 'THE VEGT4T3ON AND
WILDLIFEIWETLANDS SECTI2+i; AND THE PUD DOCUMENTS
SECTION; TO PROVIDE R. FINDJNGS OF -FACT;
CONCLUSIONS OF LAW; EFFECT +OF PEhTOUSLY ISSUED
DEVELOPMENT ORDE#�TRANSMITt'A61;TO DEPARTMENT OF
ECONOMIC OPPORTi3Oii f►ND EFFECTt DATE.
wr
WHEREAS, on Sep ember 2, 194,'s
arron b5lttcd• Compagj -m accordance with Subsection
' tDiApp3$0.06(b), Fl rol (ADA) of a Development of
Regional Impact (DRn�tmown 8S Win, ding Cypr* -*, , h Cotner County and Southwest Florida Regional
Planning Council (SWFRP"),
ViiEREAS, on I etxmber -A 1999, the''Bitard of County Commissioners, at an open public
hewing itil+cCordatce wit i S®cttan 380;46` Florida Statutes, having considered the Application for
Development roval of a Dei' l' pment of )tegional Impact submitted by Developer, the report and
tecommendatonslthe S - the record of the documentary and oral evidence presented to the
WFRP`
Collier County Planmag,'ComtnesEtir-, the report and recommendations of the Collier County Staff and
Advisory Boards; and the o'grd�tnede at said hearing issued Resolution No. 99-467 and Development
Order 99-4 approving the Winding Cypress DRI; and
WHEREAS, on March S. 2002, George Varnadoe, on behalf of Barron Collier Company, Ltd
(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` J requesting that the
Board of County Commissioners approve the following changes to the Winding Cypress DRL an increase
in the number of residential units; an increase of 83 acres of preserve area; a reduction in the amount of
]exhibit B
D--- t Q - ' 1) 1
Packet Page 49-
2/25/2014 8.A.
1
t
1�
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 DRI as depicted on the DRI Master Plan
marked "H -1" and the amendments to the terms and conditions of the Winding Cypress DRI
Development Order as approved below; and
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
hearing on the NOPC on June 10, 2002; and
WHEREAS, on June 25, 2002, the Board of Countq?Coraieisioners, at an open public heating in
accordance with Section 380.06, Florida Statutes, considered the NOPComnd approved the amendments to
the Winding Cypress DRI development Order and approved the revised Wsoding Cypress DRI Master
Plan, marked "H -r" by the adoption of Resolution 02.302 and Development Order.02 -01.
WHEREAS, on . Richard Yovanovich,`'on behalf of Barron Collier Company, Ltd
(hereinafter "Developer"), the owner and developer of the Winding Cypress DRI, filed a Notice of
Proposed Change ( "NOPC") requesting tha' -- ne Board'ofCounty Cotitmissioners approve the following
changes to the Winding Cypress 'DRL an morease tq the mtmber of iesideatial units; an increase of
_acres of preserve:'
reserve area a redest � attd relocattlarif a veil Ties within the Winding p , grr, PPro S CYPress DRI
as depicted on the DRI Mister Plan ntet'ked 4'H -1" arid. the amendments to the terms and conditions of the
Winding Developint 6i Oida as approvedbelow; and
W# lZREAS, the Board of Cot hiy, Commissioners as the governing body of the unincorporated
area of Coilr6rfo unty having iti tiMiction pti suant to Section 380.06, Florida Statutes, is authorized and
empowered to cons: #!er Applicanoze_ for Development Approval (ADA) for Developments of Regional
Impact and Notices of P oposed Change (NOPC) thereto; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
requirements 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
rezoned the subject property to PLID and the Developer has requested the County to approve amendments
to the Winding Cypress PUD to conform with this DRI Development Order; and
Exhibit B
Ps Packet Page -50-
2/25/2014 8.A.'
t
t
•
t
i
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 bearing
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 the:Hoard of ,County Conunissio»eas 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-
01the Winding Cypress DRI, is hereby amended tamed as followg;r
FINDINGS OFIFAL"T
I. The rcaisproperty ' `' ti, h is the s**6ct of the ADA is legally described as set forth in
Exhibit
2, The application is co'sistent with'Snlrsection 380.06(6), Florida Statutes (2013).
3, a °'The Developer ubmitted ' to.'the County an ADA and sufficiency responses, hereby
referred to as cotpppsite Exhibit "B ", which by reference thereto are made a part of
hereof.tu, the extent "'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 toaster Plan attached hereto as Exhibit "C", and consisting of
1,928 acres, which includes:
A. A total of 4345?,854 residential dwelling units, on 4fi;-u... b .._4 '� acres•
with a maximum gmss density of 1.4.
Exhibit B
e !'' _ A I
Packet Page -51-
2/25/2014 8.A.
fonaetted: font: Mefaua) Times New Roman
Fonaatted: mdent: HM one: o'
formatted: forte me wo Times New P=wr
formatted: Fom: Mefw* Times New Raman
2/25/2014 8.A.
B. Village GeftW-EXEtMCOUS'st'ng Orto;QWMANURM foes Of Gross Floor -
Area
10. The development is consistent with the State Comprehensive Plan.
B. P—grapb 2, "HistoricaVArchoDlogicat," of the Conclusions of Law Section of Development
Order 994 NIL arrigMed by Development Order 02 -01, the Winding Cypress DRJ, is hereby amended to
read as follows:
Exhibit B
'M .4
Psi
Packet Page -52 . . .
(GFA) of
POW! lS,@QQ§qg&r6fM G;N
ReFeatefal faviiities, in addition to a clubhouse;
G. GON 010119, 18 llaoleb of rulf-eewse; pmeiiee fmgt! and
fin*
D. ;M—ZMacres of takes;
E. 94-79 acres of right -of -way;
F. 9 acres of'recreational lands; and
G. 446-scres of preserves, and "Ofmiscellaneous buffers, waterways,
canal, and FPL easements.
5. The development is consistcnt with', th , e report and recommcnd'atipris of the SwFm
,
submitted pursuant to Subsection 380 06(12), Florida Starmes.
6. The development will 11006ter&xt+ with the ac qement of the objectives of the adopted
State Land Development Plan applicable to the era
7. A comprehensive review of the i"4Mt'gcncrzted by'the development has been conducted
by tiro ate County deparimmits and agencies and by the SWFRPC.
an area d gnated an Area of Critical State CDrICem pursuant
to the proviii* of Station 380.05, Florida Statutes, as R.cnde&
9. The = development j I a, consistent with the current land development regulations and the
Growth 9 -i:M Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan.
B. P—grapb 2, "HistoricaVArchoDlogicat," of the Conclusions of Law Section of Development
Order 994 NIL arrigMed by Development Order 02 -01, the Winding Cypress DRJ, is hereby amended to
read as follows:
Exhibit B
'M .4
Psi
Packet Page -52 . . .
11
we
1
1
I�
'1
it
II
1
1
JUSTORICAUARCHAEOLOGICAL
1. Archaeological sites 8CR786, 9GK;8;, 8GK;t88, 9GR;99, SGR;99,8CR791, 8CR792,
8CR793, 8CR794, BCR795 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 widtb;.�br equivalent protections, such as
temporary fencing or other structural barrierso &]i be preserved or constructed around
the archaeological sites. Exotics removal witIfin thiseweas shall be by band labor.
3. The Developer shall cooperate With the Department of Stith:, Division of Historical
Resources ("DHR`) property credentialed investigators, whemeycr, such access can be
reasonably accommodated.
4. If any additional archaeol istorical sites--am uncovered during the proposed
development activities, alt '*%)rk
in the, ,, i.mmediatc_iqcinity of such sites shall cease
immediately, "64rho DeveloMtball cgaitzctDM SWFRPC, and Collier County so that
a s4i,certified a;6barologist cao,4"ne thcj significance of the findings and
ppropritilopmservationimd mitigation actions, as necessary.
All comiiiitments'madc by the Deive
loper within the ADA and subsequent sufficiency
a
round infori4bon, ml 4eia. t I o historical and Archaeological Sites are hereby incorporated
Eby reference to the extent di are consistent with Paragraphs 1— 4 above.
C. Paragraph 5,'�iiiuisportztioo of Development Order 99-4, the Winding Cypress DRI, is hereby
amended to read as followst,
TRANSPORTATION
I The Developer or its successor or assigns shall be fully responsible for site misted
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:
Exhibit B
Packet Page -,53-
2/25/2014 8.A.'
i
' (a) CR 951 at North Project Entrance
(b) CR 951 at South Project Entrance
1 (c) US 41 at East Project Entrance
1 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 protect build out in�66Awhich is December
31.0
(a) LIS 41 at CR 95I1SR 951
(b) CR 951 at SR 84/Davis Blvd
3. Improvements to the facilities outlined in .!candttton:C.2, above, shalt'bemade at the time
that the intersection is expected to ope atn at_ worse than ihelevel 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 tilts pmjeet shall be issue f unless the improvements are: a8
I complete, b under cowl truck
} on,- c} the subject of a oteady tdenufiod, executed and recorded local
government development, agreement consistent - 8ec. 163.3220 through 163.3243, F.S., ensuring
completion concurrent with'the nmpa i of development; d) the subject of a binding commitment from
Collier Cotwf "I'Vismmng completion concurrent ,with the impacts of development; e) the subject of a
bnntttnga Gmirnitment by the Countyan the cunrenf'fhree years of the Capital Improvements Element; or f)
the sub of of a binding andrenforceabk commitment by the Developer to provide the improvement
concurrent wtt}t Vthe impacts -bf ;development. Any combination of the above which ensures the
improvement to ilie;facility is also icceptable, provide! the SWFRPC, Collier County, and DCA agree
that the combination meets the in of the transportation uniform standards rule
As an alierrmtive -to this requirement, the Developer may pay a "proportionate share
contribution ", calculated consistent with the formula in Paragraph 93- 2.045(i)(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 DRL 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
Exhibit B
>
Packet Page -54-
r�
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 err 2=ionate share costs of the necescary at -grade improvements as referenced in
1 this condition and condition C.2, have been satisfied by the payment of roads impact fees
4. To determine the project impact on regional facilities, M%- bigamlmonitoring '
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
of-Get aer:ity --A4 al+s Economic Oap2rtumty, and SWFRPC for Jteview 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 DRL Successive reports shall be submitted ennaelly hi mgigjjvthereatler
until build out of the project.
At a minimum, the report shall..eoataIn a summary of construction and development
activities to date, in the categories of developmerd i4 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 rota intions listed ia` Raragraph 2 above. The report shall also
provide a calculation of the existing level'of semi e,at the proj"b ,access points and the facilities listed in
Paragraph 2 above. Finally, an estimate of tite level `of deyelopmentvxpocted to be added by the project
s
( for the forthcoming years wilfuprovided The`momtonngisport shall identify the status of the road
I improvements assurnedso be committed and addriii" deviations from file identified schatuie.
�x
5 , sloe Dcvelopef shttil proagte :efficient,,edestrian and bicycle movement within and
betweedii development's. compot acts, and to i4acent properties as deemed necessary by Collier
T
County.�{ r
b. Tha:; eloper shpil promote transit service through the inclusion of bus stops or other
' appropriate transit access points Witte 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
extern 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:
' (a) The wwmA -bio- gialtttonitoring 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
Exhibit B
P8 - se _ nr
Packet Page -55-
. -- 2/25/2014 8.A.
contributing more that 5% of the adopted level of service capacity, the further building
certificates of permits and
occupancy shall not be granted until the standards of the County's Concutreoey
Management System have been met.
(b) The transportation impact to the intersections identified in Paragniph 2 above,
shall be appropriately addressed consistent with the County's COWurreucy management Ordinance and
any local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrercy on all significantly impacted regippsl roads and intersections.
D. Paragraph fi, "Vegetation and Wildiife/Wetlands "'of meet
D�!dPP Order 99.4, the Winding
Cypress DRI, is hereby amended to read as follows.
However Chanter 1E3 F A has teen amended to remove tram+.+ e n concuj-, if
unsi>nrtation amcu=y i, *.•.+roved f rn the Colher Countv'Gmwth Managemenr Plan or the
County's t and Uevr�joomcmt Code the'd t..n would no loner r w. �t.' a condmnnc
VEGETATION AND WLI DLtFp/TL.ANLtS
1. The need fo wticlltfe crossings. and hiiA g .*igns -for roadways crossings of the
Preserve areas shalt be reviewed; "COordinatwn with the Florida Fish and Wildlife
Conservatrmt Commission (`FFWC") es part of the ERP permit process.
is J Review of .State ItatpdM species 6d, habitat i
tnpacts/mitigation shall be addressed in
coordination °v" FFWCC during the ERP permit process based on specific site plan
trails. At a ttluttimum, the-Araft Preserve Area WildlifdHabitat Management Plan
submitted on June 13, 1999, shall be implemented for the preserve area.
3. A minimum of
acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development; a conservation easement shall be plait
used nv all conservation auras.
4. Native landscaping shall be used to the greatest extent pr&ctical, The Project will meet
the 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.
Exhibit B
_i Packet Page -56—
t
1
1
1
1
1
1
1�
` 5. Impacts to any gopher tortoise burrows shall be handled through the FFWCC fake m&e r
Relocation Permit process.
b. Lapland and/or appropriate structural buffets will be provided per the SFWMD Basis of
Review.
E. Paragraph 11, "PUD Document," of Development Order 994 as amended by Development Order
02-(}1, the Winding Cypress DRI, is hereby ameWed to read as follo F
PUD DOCUMENT
There is a PUD document (Ordinancti 8x-33 13- ) approved by the Collier County
Board of County Commissioners on;vne26r2W2 2013, which also governs the Winding Cypress
DRI, The Developer acknowledges that the conditions and commitments of`tlte PUD Document also
govern the development and use of property within Winding Cypress, even though.ilig PUD Document
(Ordinanc*42.33 2Ol - , is specifically not made a partoftltis Development Order.
SECTION TWO: FINDINGS OF FACT
A. The real property w" is the suW!j of this Development Order, including the Winding
Cypress Addition, is legal described xis set forth in Exhibit "A", attached hereto and by
referencc made ggatt °hereof
$ .;. 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 be reference madea part hereof
D. The appiicant'i predecessor in interest proposal 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 aid
the SWFRPC.
Exhibit 8 „
Packet Page -57-
2/25/2014 8.A.
t
M
t
F. 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
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` iotice of Change to a Previously
Approved DRI, Exhibit "B ", by reference trade Apart hereof.
B. The proposed changes to the prevtously:.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 pr wously pptoved Development Order are consistent with
the d Ior County giowth Managesitast Plan, as amended, and the Land Development
Reguiatnoiiss, pted pursuant thcreta
approved Development Order are consistent with
The proposed changes.to the
the State CDntr hetsnvcPlan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRAI ISMITTAL
TO DCkAND:EFFECTIVE DATE
A. Except as amended hereby, Development Order 944 as amended by Development Order
02 -21, shall remain in full force and effect, binding in accordance with its tams on all
Parties thereto.
B. Copies of this Development Order $6j? -_ shall be transmitted immediately upon
execution to th ,
Exhibit B
Packet Page -58-
2/25/2014 8.A. -
2/25/2014 8.A.
nment of Economic Onpgrtunity, and the Southwest Florida Regional
Planning Council
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in theatinutes of this Board
This Resolution adopted after motion, second and majority vote
Done this day of 2013.
ATTEST: _
DWIGHT E. BROCK, CLERK
Exhibit B
rPacket Page -59-
r � f
v
:I e
ti
� � yy PiR4y -p •... ,1 ♦ y� i R�
w �
F #
j$i S
s
a
a n
Ila
4
V:
it
,r.
Ia
2/25/2014 8.A.
f]
0
r
t
r-�
Description ofPart 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")
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 fad (for canal right-of- -way) therefron;
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;
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;
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 °0248" West 2717.79 feet to the South Quarter Corner of said
Section 2;
thence continuing along said line North 89027'31" West 233.96 feet;
thence leaving said line North 54°21'26" West 3802.70 feet along the northeast right -of -way line of US. 41
(Tamiami Trail);
thence North 20°14155" East 2036.85 feet;
thence North 69 045105" 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 00 044'46" East 1350.52 feet to a point on the North Lire 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 00050'06" East 2614.26 feet;
thence continuing along said line North 00152'55" East 261936 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;
thence along said line North 00°50'24" East 2633.11;
thence continuing along said line North 00150'1 a" East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road, said line being 3 0.00' south of the north line of said Section 26;
thence along said Right of Way line South 89 037'03" East 2541.99 feet;
thence continuing along said line South 89037'26" 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 °14100" East 2606.72 feet to the East Quartet Comes of said
Section 26;
thence continuing along said line South 00014'36" East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00024'57" West 2638.06 feet to the But Quarter Corner of said
Section 35;
thence continuing along said line South 00023'29" West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the Fast Line of said Section 2 South 00°40126" 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');
Parcel Contains 19222 acres more or loss.
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 i OF 2
map /es Fort Myers Sarasota Tampa Tallahassee Paeams City #each
M 8&iey Lane, Suite XV Wlas, P onW 34105 941-M-0-4040W W 941- 643 -5715
r,3 »M61SV Q1"MM*pWAM www.wikmnMAer.com
Wltiani,ilwr me. —7L tie./ tC.0000170 Exhibit: B
Packet Page -61- Page of
it
z
wiIsonmillef
NOW iH- 960tt5 In Pkiving, D094 li Fnpin0BW
f]
0
r
t
r-�
Description ofPart 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")
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 fad (for canal right-of- -way) therefron;
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;
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;
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 °0248" West 2717.79 feet to the South Quarter Corner of said
Section 2;
thence continuing along said line North 89027'31" West 233.96 feet;
thence leaving said line North 54°21'26" West 3802.70 feet along the northeast right -of -way line of US. 41
(Tamiami Trail);
thence North 20°14155" East 2036.85 feet;
thence North 69 045105" 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 00 044'46" East 1350.52 feet to a point on the North Lire 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 00050'06" East 2614.26 feet;
thence continuing along said line North 00152'55" East 261936 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;
thence along said line North 00°50'24" East 2633.11;
thence continuing along said line North 00150'1 a" East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road, said line being 3 0.00' south of the north line of said Section 26;
thence along said Right of Way line South 89 037'03" East 2541.99 feet;
thence continuing along said line South 89037'26" 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 °14100" East 2606.72 feet to the East Quartet Comes of said
Section 26;
thence continuing along said line South 00014'36" East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00024'57" West 2638.06 feet to the But Quarter Corner of said
Section 35;
thence continuing along said line South 00023'29" West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the Fast Line of said Section 2 South 00°40126" 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');
Parcel Contains 19222 acres more or loss.
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 i OF 2
map /es Fort Myers Sarasota Tampa Tallahassee Paeams City #each
M 8&iey Lane, Suite XV Wlas, P onW 34105 941-M-0-4040W W 941- 643 -5715
r,3 »M61SV Q1"MM*pWAM www.wikmnMAer.com
Wltiani,ilwr me. —7L tie./ tC.0000170 Exhibit: B
Packet Page -61- Page of
- Wi/sonmiller
16 NewDlrecGons /n Ptsnnhp.Oesipn d Enpineerhp
Description of Pmt of Sections 26, 34 and 35 of
Township 50 South, Range 26 East, mid Sections 2 and 3 of
Township 51 South, Range 26 East Collier County, Florida.
(PARCELS "A" and "B") Continued;
t
0
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 Lithe of
Section 35 and the POINT OF BEGINNING of the parcel herein descn'bed (PARCEL 'B'I;
thence along said line South 00 052'55' West 1110.23 feet;
thence leaving said line North 89°07'05" West 539.68 fed;
thence North 35 039'05^ East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve e0nave to the northwest
having a radius of 2964.93 feet through a central angle of 20 03646" subtended by a chard which bears
North 25120'42" East 1060.92 feat to the POINT OF BEGINNING of the panel 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 00248" West
Total parcel ('including Parcels "A" and "B') contains 19279 acres more or less.
WII.SONMILLER, INC.
Registered Engineers and Land Surveyors
Certificate of authorization #LB -43.
Mazcus L. Berman, P.S.M #5086
Not Valid unless embossed with the Profe:ssionCs seal.
Ref. 4&50
W.O.: N0506-000- 000 -MABSI
Date October 15,1999
Revised: January 13, 2000
PAGE 2 OF 2
. &tYWM5 ,;- OU-21STOCKOW _ Exhibit B
Packet Page -62-
2/25/2014 8.A.
i5 SKr
f»�.•.�,wr 4!
k'
P4 t
t A
JJ
r.
j tl „, ,
t"'
3 \
t ��,j %C ?
wr
m V4
t t^ as
t
^��e
TIT
, 611W
'Sr
e
'ter,•. H� rt� l �
S
W
##®®rte
ae
e