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Backup Documents 04/26/2011 Item # 7A~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 7A f.~_ To: Clerk to the Board: Please place tbe following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ****************************************************..***....*.**..**.*...**.**.*.************.**** Originating Deptl Div: CDESJZoDinf! Person: Kay Deselem, AICP ~ Date: 3/1';/11 Petition No. (If none, give brief description): DOA-PL201O-l052, Olde Cypress DRI Petitioner: (Name & Address): Mr. Chris Mitchell, Waldrop Engineering. 28100 Bonita Grande Drive, Suite 305, Bonita Springs, FL 34135 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): Olde Cypress Development LTD, 2647 Professional Circle, Suite 1201, Naples, FL 34119; Mr. Brian K Stock, Manager, Vita !2ima LLC, 2647 Professional Circle, Suite 1201, Naples, FL 34119 Hearing before BCC BZA Other Requested Hearing date: April 12. 2011 Based on advertisement appearing 20J!m before hearing. Newspaper(s) to be used: (Complete only ifimportant): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: OOA-PL201O-1052: Olde Cypress Development, LTD and Vita ~a, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Y ovanovich & Koester, P.A., is requesting a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will add 63.9 acres into the DRI boundary, amend Map II, and remove the 3.9 acre park requirement to incorporate this change. The subject property consisting of 60ll acres is located in Sections 21 and 22, Range 48 South. Township 26 East, Collier County, Florida. (Companion to PUDZ-PL20l0-1054 & PUDA-PL2010-388) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4S00096189 for Acc:ount Number: 068779 3/51/ D~te / List Attachments: DISTRIBUTION INSTRUCTIONS A. _For hearings beforeBCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda me: to Requesting Division Original Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *******.**......******.**.*..**********.**********.*.**************..*.*********.*.***...********.. FOR CLERK'S OFFICE USE ONLY; Dale R..,.;vod: * Dale ofPobUc hearing, ~ Dale Advert;sed, # 7A '. . ,.-' DEVELOPMENT ORDER NO. 11-_ RESOLUTION NO. 11-_ A RESOLUTION AMENDING RESOLUTION NUMBER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO INCREASE THE NUMBER OF SINGLE F AMIL Y AND MULTI-FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSL Y ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 86-01 (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRl) now known as Olde Cypress formerly the Woodlands Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86-01, the Board of County Commissioners of Collier County, Florida approved several amendments to said Development Order; and WHEREAS, "Olde Cypress", represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A, has filed its application and Notice of Proposed Change (NOPC) to Development Order No. 86-01, as amended, which is attached hereto and incorporated herein as Exhibit "B"; 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, Olde CypressJDOA-PL2010-1052 Rev. 2/14/11 lof6 Words stfllek tbre\igh are deleted; words underlined are added. 7A ~.} . Florida Statutes, is authorized and empowered to consider proposed changes to the Olde Cypress DR! Development Order No. 86-0 I, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. on , which had the effect of amending the pun zoning district for the Olde Cypress development previously approved in Ordinance No. 2000-37; and WHEREAS, on , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered "Olde Cypress" application and Notice of Proposed Change to the aIde Cypress DR! Development Order No. 86-01, as amended, and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the Board of County Commissioners hereby approves the following Olde Cypress DR! 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 AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86-0 I, as amended, for the aIde Cypress DRl is hereby amended to read as follows: The applicant proposes the development of aIde Cypress pursuant to the ADA, and the tennsand conditions of this Development Order, as the same may be amended. The development consists of ~ 602 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately ~ 184.2 acres, approximately 176.2 acres of preservation area, and approximately +&&.J. 181.5 acres of lakes, open Olde CypressJDOA-PL2010-1052 Rev. 2/14/11 2of6 Words stf'lisk t:hrel:lga are deleted; words underlined are added. ~ 7 A space, an 18-hole golf course and 2.1 acres of lake/preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. Paragraph 6 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE: h. Prior to the issuance of any local development order to allow vertical construction for lands within the 63.9 acres being added in this amendment. the developer. or his assigns. will submit and receive approval of a Big Cypress Fox Squirrel Management Plan that includes an overall preserve management plan. Said plans must clearly identify a method to identify the preserve boundary. This submittal shall be made concurrently to RPC. DCA. FWC and Collier County. Paragraph 9 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DR! is hereby amended to read as follows: 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous Commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments, are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provided the timing basis for this review. If this phasing schedule is significantly altered by the applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted exceDtinsz any Dark requirements, as conditions for approval. OIde Cypress/DOA-PL201O-1052 Rev. 2/14/11 3of6 Words stnlek through are deleted; words underlined are added. ~7A SECTION TWO: FINDINGS OF FACT A. The real property, which is the subject of the proposal, is legally described as set forth in Exhibit "B", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Proposed Change to a previously approved DRl known as Exhibit "C", and by reference made a part hereof. D. The applicant proposes the development of aIde Cypress on 602 acres of land for residential/golf course and commercial development described in Development Order 86-01, as amended. 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 development is not in an area designated an Area of Critical State Concern pursuant Section 380.05, Florida Statutes, as amended. G. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Proposed Change to a previously approved DRI. Exhibit "c" attached hereto and by reference made a part hereof. Olde Cypress/DOA-PL2010-1052 Rev. 2/]4/11 40f6 Words strnek tiH"-eugh are deleted; words underlined are added. - - 7A ~ B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of build out pursuant to Section 380.06(15)(g), Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE I. Except as amended hereby, Development Order No. _, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Olde Cypress/DOA-PL20 1 0-1052 Rev. 2/14/1 I 50f6 Words stIUek through are deleted; words underlined are added. 7 A t.~:~ This Resolution adopted this _ day of , 2011, after motion, second, and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney s.(~ 1.1.1 \ Attachments: Exhibit A - Map H Exhibit B - Legal Description Exhibit C - Notice of Proposed Change CP/IO-CPS-OI045\44 Olde Cypress/DOA-PL2010-1052 Rev. 2/14/11 60f6 Words strl:1ek thre1:igR are deleted; words underlined are added. P'I .. i I. II I ~ _ i J 7 A LON.IUMORE. lAKI i'l ;0 .. .. e !eQ) ............. 1..........., .... .,...... .. " ::i:':::::..r::::::..:::: ::I:.::::':: ',:.:.:.:,:.:.:.:.:.:.:.:.:.:,:.:.:.:.;.:.:.:.:.:.:.: .:.:.:. :.:.:.:.:.:.:.:.: <,','.' .CD~j - z .1!P.l._ . Q · I B ~liU111 i i~1 ilU : Iii . ~ ~ ! i ~h ~=~) i is ~i i! 1~lg! ~ !~ ~ ~i . zl~ ~ n~i~l~ n~ . ~ I n I ~ u s ii~) ! ~W~~ 5 ~;;I~ ~ ! ~!I ~ s:11ll1 11 il ~ l! III iii ~ ~ . 'I- I i ~ i c i ~ ~ I i i I ~ ~ W~ ..~........ __u._.......,................... I ..-.-, h....__ _. OLDE CYPRESS DR! CLIENT: VITA PIMA, LLC. DR! MASTER PLAN EXHIBIT "H" Exhibit A 7A )t Rhodes & Rhodes Land Surveying, Inc. MIOO Bonita Grande Drive, Suifill07, Bonita Springs, J!1orida 84J.8O Phone (289) 400-8166 Fax (239) 401).8168 DESCRIPTION OF A P ARea OF LAND LYING IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00059'S1 "W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRmED; THENCE CONTINUE N.Ooo59'S l"W. ALONG THE WEST LINE Of SECTION 21 A DISTANCE OF 2560.17 fEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.O Ill00'08"W.. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2659.99 FEET TO THE NORTIlWEST CORNER OF SAID SECTION 21; THENCE RUN N.89004'49"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89004'26ItE., ALONG TIm NORTH LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE RUN S.OooS5'09"E.. ALONG THE EAST LINE OF SAID SECTION 21. FOR A DISTANCE OF 2663.26 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.Ooo55'37"E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBERTON, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE RUN N.89006I04"E., ALONG THE NORTH LJNE OF SAID CONDOMINIUM: FOR A DISTANCE OF 6S6.66 FEET; THENCE RUN S.OI00I'19"E. FORA OlSTANCEOF 1898.09 FEET TO THE NORiH RIGHT-OF-WAY LINE OF THE COCOHATCHEE CANAL (100 FEET WIDE)AS RECORDED IN DEED aOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89009'07"W., ALONG SAID NORTH RTGHT-OF-WAY LINE, FORA DISTANCE OF 659.81 FEET TO TIIEEASTLINE OF SAID SECTION 21; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT -OF- WAY, FOR A DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF FAIRWAY PRESERVE AT aLOE CYPRESS, A CONDOMINIUM. ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRmED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.Ooo56t04"W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE RUN S.89008'07"W., ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL DESCRffiED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 660.47 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.00056'31 "E., ALONG THE WEST LINE OF SAm PARCEL, FOR A DISTANCE OF 1231.23 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO THE NORTH RIGHT -OF. WAY LINE OF THE AFORESAID COCOHATCHEE CANAL; THENCE RUN S.89009'28tlW., ALONG SAID NORTH RIGHT-Of-WAY LINE. FORA DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET 1 OF :: Exhibit B Rhodes & Rhodes Land Surveyin& Ine. 98100 Bon1t& Grande Drive, BuitAlI07, Bonita BpringI, Florida 84185 Phone (239) ~8166 Fax (239) 4(1).8168 OFFICIAL RECORDS BOOK 3519 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.OooS7'12"W., ALONG SAID EAST LINE, FOR A DISTANCE OF 224.51 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65023'201lW., FOR A DISTANCE OF 43.57 FEET; (2) THENCE S.78026'13"W., FORA DISTANCE OF 61.22 FEET; (3) THENCE S.80004'25"W., FOR A DISTANCE OF 45.57 FEET: (4) THENCE S.84027'31 "W., FOR A DISTANCE OF 31.15 FEET; (5) THENCE S.80009'47"W., FOR A DISTANCE OF 30.89 FEET; (6) THENCE S.S8048'23"W., FOR A DISTANCE OF 24.42 FEET; (7) THENCE S.S4~7'OS"W., FOR A DISTANCE OF 36.02 FEET; (8) THENCE S.4002St12''W., FOR A DISTANCE OF 33.11 FEET; (9) THENCE S.47057'45"W., FOR A DISTANCE OF 62.74 FEET; (l 0) THENCE S.50OZ l'05"W., FOR A DISTANCE OF 49.97 FEET; (11) THENCE S.68022'OS"W., FORA DISTANCE OF 37.47 FEET: (12) THENCE S.42018'38"W., FORA DISTANCE OF 39.61 FEET; (13) THENCE S.S6049'27"W., FORA DISTANCE OF 15.80 FEET TO THE AFORESAID NORTIIERLY RIGHT-OF.WAY LlNEOF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89008'23 "W., ALONG SAID NORTH RIGHT- OF- WAY LINE, FOR A DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. 7A v . LESS THE FOLLOWlNG DESCRIBED PARCEL: DA VINCI ESTATES AT OLDE CYPRESS, A SUBDIVISION RECORDED IN PLAT BOOK 3S AT PAGES 33 THROUGH 37. INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AND ALSO BEING DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.OooS9'SI "W. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.Ooo59'51 "W. ALONG THE WEST LINE OF SECTION 21, FOR A DISTANCE OF 2560.17 FEET TO THE WEST ONE-- QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89006'4S"E., ALONG THE SOUTH LINE OF THE NORTHWEST ONE.QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNING OF lliE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.O 1 000'0 1 "W., ALONG THE WEST LINE OF SAID DA VINCI SUBDIVISION. FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.89QOS'40"E., ALONG THE NORTH LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1321.51 FEET; THENCE RUN S.Oo058'40"E., ALONG THE EAST LINE OF SAID DAVINICI SUBDMSION, FORA DISTANCE OF 1330.47 FEET; THENCE RUN S.89006'4S"W., ALONG THE SOUTH LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEGINNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. SHEET 2 OF 2 7 A .'~ STATE OF FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS DNISION OF COMMUNJTY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 323-99 850/488.4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVlOUSLY 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. 1, Brian Stock, the undersigned owner/authorized representative of Olde Cypr-ess Development, LTD & Vita Pima, LLC, hereby give notice of a proposed change to a (developer) previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. III support thereof, 1 submit the fbUowing infOlmation concerning the Olde Cypress DRI (f/kla The Woodlands DRY) dovelopment, which (original & current project names) information is true and correct to the best of my knowledge. J have submitted today, under separate cover, copies of this completed notification to Collier County, (local government) to the Soutbwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. 0/7/'0 . Date OO,".PUOIG-I0S2 REV:1 OLOE cYP~~ss ORI DAlf: 6/11/10 DLll!I: 7/2/10 Exhibit C 7A 2. Applicant (name, address, phone). Olde Cypress Development, L TD 2647 Professional Circle, Suite 1201 Naples, F134119 Contact: Keith Gelder (239) 592.7344 3. Authorized Agent (name, address, phone). Olde Cypress DRI DOA-PL2010-1052 submittted: 1-12-11 (this page only) Waldrop Engineering, P.A. 28100 Bonita Grande Drwe Bonita Springs, FI34135 Contact: Chris Mitchell (239) 405.7777 4. Location (City, County, TownshiplRangelSection) of approved DR! and proposed change. Olde Cypress Dr; (F/K/A The Woodlands Dri) Naples, F/34103 Section 21 & 22/ Township 48s / Range 26e 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. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Deparbnent or any reviewing agency to clarify the nature of the change or the resulting impacts. No changes are proposed to the phasing, commencement, or build-out dates. The developer proposes to add 63.88 acres to the existing DR! with no change in total number of approved units. The additional acreage is planned for residential development. 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. Please See Attached 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 govenunent,' and provide a brief description of the previous changes (i.e. I any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local govenunent jurisdiction for any portion of the development since the last approval or development order was issued? If so. has the annexing local government adopted a new DRI development order for ~~~ . There have been five (5) development order amendments adopted by Collier County slnce the original "The Woodlands DRUI development order (Ord..86-1) was issued on November 6, 1986. The followlng is a description oftheflVe (5) do amendments: 7A (1) Resolution (87-96) adopted April 28, 1987, amended section b(5}(a)(7) and (8), transportation, to clarify responsibilities of Collier County and the meioper,. amended sectWlI 6(5)(b)(4), transportation conditions, clarifying and redefinJng criteria by which a substanttal deviation shall be determined; (2) Resolution (87-207) adopted September 15, 1987, ~nding section a(4),flnding offact, to stllte a maximum square footage of permitted commercial retail development and to increase the total acreage ofpreaervation areas and to set/07th a ntllsed land use schedule that did not Increase the total amount of acreage 0,. dweUlng units previously approved. The two (2) development order aPlUndments described above were adopted by CoOler County to resolve appeals of the. of the original Woodland's DRl develompent order to the. Florida Land and Water Adjudicatory Commlssion take by the Florida Department of Community Affairs and the Southwest Florida Regional Plmtnlng CounciL The Woodland's DR! dewlopment order became effective on November 7, 1990, the date on whkh the Florida Land and Water Adjudicatory Comisslon issued itsflnal ortlerofdlsmissal of the tqJ~aL (3) Resolution (94-77.f) adopted November 1, 1994, extended the woodllz"d's DRJ commencement date and the buildout/tennination date by four (4) years, eleven months (11) or until October 7, 2000 and October 7, 2015, respectively. Collier County remains the local government with Jurisdiction tnJet' all portions of the Olde Cypress DRI. (4) On October 21, 1996, the BCC amended the developme"t order with resolution (96-482) to 'educe the number of dweUing units/rom 1,160 to 1,100 dwelling units and a reduction of the commercial use from 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements o/the South Florida Water Management. Also, th, right- of-way reservation on the east side afthe Woodlands was eliminated. Miscellaneous changes were also made to dralnage/water quality, transportation, vegetation Il1Ul wildlJfe, wetlands, consistency with the comprehensive plan andfl1'e by the deletion thereof. (5) In December 1999, Resolution (99-472) 28.69 acres were added to the easkrn. edge of O/de Cypress in Section 22. Limds to be added included a 2.1 acre archadDgical prese1'Ve area. Standards were also incorporated in the development order to provide protection/or archaelogical resources. The poss den.sity was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulat/om, along with othe,. mlsceUaneous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000-155) adopted May 23, 2000 adtkd 9.3 acres to accommodate the addition of the golf course driving range. The request also included a nwdJjlcatJon o/the golf course/open space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modified/rom 152.5 acres to 155.2 acres. No changes to the number o/dwelUng units, commercial floor area, phll$ing schedule, commencement date, or build-out date was requested. 7 A t~ 8. Descnoe any lands purchased or optioned within 1/4 mile of the original DR! site subsequent to the original approval or issuance of the DR! development order. Identify such land, its size, intended use, and adjacent non-project land uses within ~ m.ile on a project master site plan or other map. Vita Pimal LLC recently purchased 65.29 acres directly adjacent (south) o/the Olde Cypress DR/. The easterly 46.64 acre parcel is an existing RPUD (HD Development Ordinance #05-65). The westerly 18. 65 acres is currently zoned agricultural. Vita Pima, LLC has flled a concurrent PUD Amendment application with Collier County to ruone the entire 65.29 acres to RPUD. 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. The proposed change is less than 40% o/any of the criteria listed in 380(19)(b), F.S. 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 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buildout dates or phasing are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change wUl not require any comprehensive plan changes. Provide the following for incorpomtion into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 91-2.025, 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 DR! or development order conditions. Attached. 13. Pursuant to Subsection 380.06(19)(t), 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; 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 APPI:ova1; to the acreage attributable to each described proposed change ofland 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 propolled change; See attached Proposed Master Plant Map H and Proposed changes to the Collier County Development Order. 7 A "'1 b. An updated legal description of the pl'opertyt if any project acreage islhas been added or deleted to the previously approved plan of development; See attached legal description of the property to be attached to the Development Ortkr. c. A proposed amended development order deadline for commencing physical deveLopment of the proposed changes, if applicable; No change. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, including the date of submission, contentst and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. ~ U r;;lZ II ~~ ~~ ~Q ~z r:cB ~~ ~~ ~ ~~ ~~ t ~ ~ 7A lI"IG;' 8 0 tl ~ 0.0\ N o ..... ....c ~ r<'i C1cS 0 ~ I ~ 1 ~ 'E 'E &:d 0 8 \Q~ 0 0 ~ ~~ N ~ .... \.f'i cO ii: ...... \l'l \0 ..... - <iI ~ ~ 8 ~~ ~ ~ ....... ~~ ~ -' - co ] ..... .... '" 0 0.. ~ ii t '" t .~ j '" .~ v Q II bO'" v g. .g J .~ if" ~ ll~ .c ~ .~ g j ~I tJ (I) I 1 ll- l ~ "tl C'I ~ ] ] :.a :i:j ~ u c: '0 8 j ~ .:3 ] 0 ~ ] I..o.i o I I 0 t~ u 0 tJ ~ U l'P ..... ~ ..... ..... 0 '" v 6 0 ~Cn~ 0 ~~ ~ ~ !:l ~ U ~ ;tt ... ~. Q .M Q fI) tn ." liB' u 11 IIJ ::> ~ d v 0 j 1 S. ] .~ ..... 5 0 VJ C'I ~ v ~ ct::. ~ ~ ~S~ .7 A t Olde Cypress DR! / PUD Unit Summary ust Updated: 3/1'5/2010 . Sybdivision ~ Total Lots. Built to -pate % Stra.da. Bella SF .. 18 17 94% Santorini SF . :55. 55 1000/0 Te.ttama! SF 55 55 1000/0 Egret Cove SF 18 . 18 1000/0 Ibis Landing SF .55. 55 100% Santa Rosa SF .. 27 27 100%) Biscayne Place SF .8. .... . 8 100% Woodsedge SF . .'130 . " . 125 96% Total SF Units . 3.66' . 360 980/0 S.ubdivision ~ Total Units Built to Date % Fairway Preserve :MF . 264. '264 1000/0 Amberton MF ,.312. . 132 42% Total MF Units . .5.76 396 69% Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 7 A .:~ Olde Cypress DR! Total Pro~osed Units Total Units Built to D3te ~ . 1100. . . 756 69% Olde Cypress pun MF Units SF Units Unalloca.ted Total Units Existing . 576..' '366 . .. 158.... . 1100. J-ID DevelQPm~n~ RPUD SF Units Total Units }!xiiiting , 71 71 Total DR! Units OIde Cypress PUD Vita Tuscana PUD Total Units Existipg " 1100 .0 110.0. Proposed 125 .12S PfQPosed 942 125 10.67 Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 7 At. aide Cypress DR! Transportation'Summary Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 7 A ~ 4 Acct #068779 March 16,2011 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DOA-PL2010-1052, Olde Cypress DRI Dear Legals: Please advertise the above referenced petition on Tuesday, March 22, 2011 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 7 A ~'1 NOTICE OF INTENT TO CONSIDER DEVELOPMENT ORDER/RESOLUTION Notice is hereby given that on Tuesday, April 12, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a Development Order Amendment. The meeting will commence at 9:00 A.M. The title of the proposed Development Order/Resolution is as follows: A RESOLUTION AMENDING RESOLUTION NUMBER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO INCREASE THE NUMBER OF SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the 7 A.,. 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, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts ~ CLERK OF THE (S~1C IT COURT COLLIER COUNTY OUR OUSE 3301 TAMIAMI IL E1T P.O. BOX 4 3044 NAPLES, FLORIDA '\4101-3 44 "1\J 7A \ Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Chris Mitchell Waldrop Engineering 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 RE: DOA-PL2010-1052: Olde Cypress DR! Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts "\ ntom~lier CLERK OF THE RC IT COURT COLLIER COUNTY ~OUR OUSE 3301 TAMIAMI ~IL EAST p.o. BOX 4 3044 NAPLES, FLORIDA 4101-3~44 1~\"J 7A . Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Olde Cypress, L TD 2647 Professional Circle Suite 1201 Naples, FL 34119 RE: DOA-PL2010-1052: Olde Cypress DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts 7 A '. Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Brian K. Stock Vita Prima, LLC 2647 Professional Circle Suite 1201 Naples, FL 34119 RE: DOA-PL2010-1052: Olde Cypress DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 7A I' j \ 1 Martha S. Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Wednesday, March 16,2011 3:53 PM Naples Daily News Legals DOA-PL2010-1052, Olde Cypress DRI DOA-PL2010-1052 Naples Daily (4-12-11).doc; DOA-PL2010-1052 Olde Cypress DRI (4-12-11).doc Legals, Please advertise the following attached ad on Tuesdav. March 22. 2011. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.veraara@collierclerk.com 1 7A l . Martha S. Vergara From: Sent: To: Subject: Legals NON [Iegals@naplesnews.com] Wednesday, March 16, 2011 4:31 PM Martha S. Vergara RE: Ord. Amending Ord. 2006-03, Airport-Type Security Screening OK P,mely CPagan :Napt:es CDaily :News Lega[ CDept (])irect Line: 239-213-6061 P~Line: 39-263-4703 Send notices to: leqalsccv.naplesnews.com > From: Martha S. Vergara [mailto:Martha.Verqara(Cilcollierclerk.coml Sent: Wednesday, March 16, 2011 3:59 PM To: Legals NDN Subject: Ord. Amending Ord. 2006-03, Airport-Type Security Screening Legals, Please advertise the following attached ad on Tuesdav. March 22. 2011. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. 1 Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.veraara@collierclerk.com 7A ., Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodeskt8lcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Wednesday, March 16, 2011 4:25 PM Martha S. Vergara Ad Confirmation UAS2C7C.jpg WA--:PL,20ro -(D52 {)kle-CY~S5 j)e{ 7 At Martha S. Vergara ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1894396 Total Ad Cost $269.70 Emely Pagan 213-6061 1 7A tJ1 Martha S. Vergara From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Friday, March 18, 2011 12:07 PM Martha S. Vergara RE: Ad Confirmation Thanks, Emely Pagan Naples Daily News Legal Dept Direct Line: Fax Line: 239-213-6861 39-263-4783 Send notices to: legals~naplesnews.com -----Original Message----- From: Martha S. Vergara rmailto:Martha.Vergara~collierclerk.coml Sent: Friday, March 18, 2811 11:51 AM To: Pagan, Emely Subject: RE: Ad Confirmation Em, Looks good please proceed with the ad Thanks, Martha -----Original Message----- From: Pagan, Emely rmailto:EPagan~Naplesnews.coml Sent: Wednesday, March 16, 2811 4:25 PM To: Martha S. Vergara Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any que~tions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1894396 Total Ad Cost $269.78 Emely Pagan 213-6861 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for 1 7A which it has been sent. If you are not the intended recipient~ you must not copy~ distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated~ opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error~ please notify the Clerk~s Office by emailing heIDdesk~collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk~s Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law~ e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request~ do not send electronic mail to this entity. Instead~ contact this office by telephone or in writing. 2 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on March 22, 2011 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in . said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. firm or cOIporation any discount. rebate, commission or refund for the purpose of securing this advertisement for ~Zfu~ ( SIgnature of affiant) Sworn to and subscribed before me This 24th daX of March, 2011 -- - - - ~,'~:S~'~::'.." . ~~m."(i'.:. KAROL E KANGAS ~ ~. : . ~ Notary Public. State of Florida ~~.. -,,",l My Comm. Expires Jut 29 2013 lIIIl ',~ o~\.... C' . , "I,S'f.,','i.." ommlssion # DD 912237 ~ 7A , ..I'fQ'lJaOfI~~ CoNsIDER DEVE~N't"~utioN " '.hm 1 .cdYiI;~~t;? :.\ '~'~;""''''l; . .~~." 'f,}:.tt;~:~,,::,. :!"i:(,;':i~ ~'il~"i "2/,t. \ . i ,~ ~ I ."'" . . 1tA'.- ...... , 7 A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines # I through #4, com lete the checklist, and forward to Sue Filson (line #5 . Office Initials Date GMD Planning & Regulation/O erations ~ 1'/1.1> I" 1. Judy Puig 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Kay Deselem Contact Agenda Date Item was April 26, 2011 A roved b the BCC Type of Document Attached 6. Minutes and Records PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 252-2931 7.A Yes (Initial) N/ A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC April 26, 2011 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a licable. rf:O rf:O rf:O rf:O rf:O rf:O 2. 3. 4. 5. 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 \ 7 A MEMORANDUM Date April 29, 2011 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2011-83/D.O. 2011-01: Amending Collier County Development Order #86-01 (Olde Cypress DRI) Attached is a copy of the document referenced above, (Item #7 A) adopted by the Board of County Commissioners on April 26, 2011. In addition, there is an original affidavit of publication for your records. Certified copies of this Resolution/Development Order have been forwarded to the State of Florida's Department of Community Affairs and the Southwest Florida Regional Planning Council. The Minutes and Record's Department will hold the original document for the Board's Official Record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment April 29, 2011 c-----------\ -~ ~n!Y~,_~f-eqllier ~, , CLERK OF THE G~RC\JIT COURT COLLIER COUNTY ,COURTHOUSE 330] TAMIAMI ~IL EAsT po. BOX 4 \3044 \ NAPLES. FLORIDA'\4 I 0] -3?44 -~, )- 1~ \~ { _..~.r'"'" . 7A Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Brenda Winningham, Comprehensive Planner State of Florida Department of Community Affairs Southwest/Northeast Region Division of Community Planning Development of Regional Impact Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Resolution 2011-83/DO 2011-01: Amending Collier County Development Order #86-01 (Olde Cypress DRI) Dear Ms. Winningham, Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday, April 26, 2011. Very truly yours, DWIGHT E. BROCK, CLERK C4uA 0.(, Ann Jen '0 Deputy Cler Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts ~~t~feollier '--' '-' ~ 'I.., \ CLERK OF THE <S~RC*IT COURT COLLIER COUNTY f:OUR OUSE 3301 TAMIAMI ~AIL E ,ST P.O. BOX 413044 \ NAPLES, FLORIDA141 0 1-3644 ,) -~ 1~ . " I ~ 7A Clerk of Courts Accountant Auditor Custodian of County Funds April 29, 2011 Mr. Daniel Trescott DRI Coordinator SW Florida Regional Planning Council 1926 Victoria Avenue Ft. Myers, Florida 33901 Re: Resolution 2011-83/DO 2011-01: Amending Collier County Development Order #86-01 (Olde Cypress DRI) Dear Mr. Trescott: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, April 26, 2011. Very truly yours, DWIGHT E. BROCK, CLERK (luu~t9-l D. C · Ann JennY, 0 Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com l 7 A DEVELOPMENT ORDER NO. 11-01 RESOLUTION NO. 11- 83 A RESOLUTION AMENDING RESOLUTION NUMBER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMP ACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO INCREASE THE NUMBER OF SINGLE F AMIL Y AND MULTI-FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 86-01 (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as Olde Cypress formerly the Woodlands Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86-01, the Board of County Commissioners of Collier County, Florida approved several amendments to said Development Order; and WHEREAS, "Olde Cypress", represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A, has filed its application and Notice of Proposed Change (NOPC) to Development Order No. 86-01, as amended, which is attached hereto and incorporated herein as Exhibit "B"; 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, Olde Cypress/DOA-PL20 10-1052 Rev. 2/14/11 lof6 Words struck throu;;h are deleted; words underlined are added. 7A Florida Statutes, is authorized and empowered to consider proposed changes to the aIde Cypress DRI Development Order No. 86-01, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. 2011-13 on April 26, 2011, which had the effect of amending the PUD zoning district for the Olde Cypress development previously approved in Ordinance No. 2000-37; and WHEREAS, on April 26, 2011, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered "Olde Cypress" application and Notice of Proposed Change to the Olde Cypress DRI Development Order No. 86-01, as amended, and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the Board of County Commissioners hereby approves the following Olde 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 AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86-01, as amended, for the Olde Cypress DR! is hereby amended to read as follows: The applicant proposes the development of Olde Cypress pursuant to the ADA, and the terms and conditions of this Development Order, as the same may be amended. The development consists of ~ 602 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately ~ 184.2 acres, approximately 176.2 acres of preservation area, and approximately -l-68-d 181.5 acres of lakes, open Olde CypresslDOA-PL20 I 0-1 052 Rev. 2/14/11 20f6 Words struck through are deleted; words underlined are added. 7A space, an I8-hole golf course and 2.1 acres of lake/preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. Paragraph 6 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE: h. Prior to the issuance of any local development order to allow vertical construction for lands within the 63.9 acres being added in this amendment, the developer. or his assigns. will submit and receive approval of a Big Cypress Fox Squirrel Management Plan that includes an overall preserve management plan. Said plans must clearlv identify a method to identify the preserve boundary. This submittal shall be made concurrently to RPC. DCA. FWC and Collier County. Paragraph 9 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous Commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments, are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provided the timing basis for this review. If this phasing schedule is significantly altered by the applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted excepting any park requirements, as conditions for approval. Olde Cypress/DOA-PL2010-1052 Rev. 2/14/11 30f6 Words struck through are deleted; words underlined are added. 7A SECTION TWO: FINDINGS OF FACT A. The real property, which is the subject of the proposal, is legally described as set forth in Exhibit "B", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Proposed Change to a previously approved DRI known as Exhibit "C", and by reference made a part hereof. D. The applicant proposes the development of Olde Cypress on 602 acres of land for residential/golf course and commercial development described in Development Order 86-01, as amended. 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 development is not in an area designated an Area of Critical State Concern pursuant Section 380.05, Florida Statutes, as amended. G. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Proposed Change to a previously approved DR!. Exhibit "C" attached hereto and by reference made a part hereof. Olde CypresslDOA-PL20 10-1052 Rev. 2/14/11 40f6 Words struck through are deleted; words underlined are added. 7A B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of buildout pursuant to Section 380.06(15)(g), Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. 86-01, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Olde Cypress/DOA-PL2010-1052 Rev. 2/14/1 I 50f6 Words struck through are deleted; words underlined are added. 7A 'n . This Resolution adopted this alo" day of ~, 2011, after motion, second, and majority vote. ATTEST: . DW~9ff!,~:~RfJ9K, C~ERK '':"' ". 'c?." . ~~ . ~--.- :;';~ ". ~~.< 'l"!~ ..;(. C,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uJ- w. ~ FRED W. COYLE, Chairman < 0':,...... .,,~;) . ')liJll. S\;l,.\\) Approved as to form and legal suffiCiency: ~'l.l~~,L Steven T. Williams Assistant County Attorney Attachments: Exhibit A - Map H Exhibit B - Legal Description Exhibit C - Notice of Proposed Change CP/1 O-CPS-O 1 045\44 Item# 1 Agenda I L1lo1\ Date T j Date U_ ':t.1 , ec'd LAtu Olde CypressIDOA-PL201O-1052 Rev. 2/14/11 60f6 Words stnlek thnmgh are deleted; words underlined are added. il /. J~ ~ j . ~ 7A II LONGSHORE LAKE " 'I j, "i .. >0 ~c ~~ ~ ....". . ,...., , '. ,." ,..., !@G) '.... , " .,..",... .....,......., , .., , ... · CP~CC;O) _2 -- SCALE, '-.300' !> !> c) II"" "',"',', //,' ',>:< I D I It ~>~~Q~Vlm jt~~~6~!;!o ~~g~~~z~ ~p~ ~~~h .... ~!6 ~ 0 g ~ ~ ~ ~ ~ l!l ~ ~ ~ c ~ m t ~ g i~;:di~ ~ w ~~ir~~ ~ 6: ~ 8s;~ or-mo ~ " ~ cOr-m ~ 0 c~~ ~E~tj z ffl~~ .. > "1 "(5--lrri c " ~z~~ 0 6: i!1 ~ ~i~ " en ~ -<~~ (hb8" 6: ~ 5 g -HD....O In ;Z ~~~~ z ~ ili 0_ g~~~ en d O~ .. \'.i > ". ~ Z "'z r;: 12 0 ~" ~~a!5 c ". en ~~E :fi 6: i:1 -nm 0 ". d :z9'o ~ ~ '" 0 ill ffl~~ ~ '" In 6~" 0 ~ <!! '" ". P i- ~ ~ z o c ~ o ~ ~ o ~ 5 z ". '" ~ .. ~ ~ .. ~ ~ ffi ill 1; 8 "' ~ ~ Z o " ~ ~ 5 z li ~ ~ ENGINEERING OLDE CYPRESS DR! CLIENT: VITA PIMA, LLC. DRI MASTER PLAN EXHIBIT "H" , ........., ..-.......0I!lMlIWIIt ,.~-::~~=.....~~ I Exhibit A 7A Rhodes & Rhodes Land Surveying, Ine. 28100 Bonita. Grande Drive, Suite 107, Bonita Spl'ingflt Florida. 34135 Phone (239) 405-8166 Fax (239) 405-8163 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSIDP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00059'51"W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00059'5I"W. ALONG THE WEST LINE OF SECTION 21 A DISTANCE OF 2560.17 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.OI000'08"W., ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2659.99 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE RUN N.89004'49"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89004'26"E., ALONG THE NORTH LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAlD SECTION 21; THENCE RUN S.00055'09"E., ALONG THE EAST LINE OF SAID SECTION 21, FORA DISTANCE OF 2663.26 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.00055'37"E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBERTON, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89006'04"E., ALONG THE NORTH LINE OF SAID CONDOMINWM FOR A DISTANCE OF 656.66 FEET; THENCE RUN S.0I001'19"E. FOR A DISTANCE OF 1898.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THECOCOHATCHEECANAL (100 FEET WIDE)AS RECORDED IN DEED BOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89009'07"W., ALONG SAID NORTH RIGHT -OF- WAY LINE, FOR A DISTANCE OF 659.81 FEET TO THE EAST LINE OF SAID SECTION 21; THENCE RUN S.89009'28"W., ALONG SAlD NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF FAIRWAY PRESERVE AT OLDE CYPRESS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINWM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.00056'04''W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE RUN S.89008'07"W., ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 660.47 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.00056'31 "E., ALONG THE WEST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.23 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO THE NORTH RIGHT -OF. WAY LINE OF THE AFORESAID COCOHA TCHEE CANAL; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET 1 OF 2 Exhibit B 7A Rhodes & Rhodes Land Surveying, !ne. 28100 Bonita. Grande Drive, Suite 107, Bonita. Springs, Florida. 34135 Phone (239) 405-8166 Fax (239) 405-8163 OFFICIAL RECORDS BOOK 3579 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.00057'12t1W., ALONG SAID EAST LINE, FOR A DISTANCE OF 224.51 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65023'20tlW., FOR A DISTANCE OF 43.57 FEET; (2) THENCE S.78026'13t1W., FORA DISTANCE OF 61.22 FEET; (3) THENCE S.80004'25"W., FOR A DISTANCE OF 45.57 FEET; (4) THENCE S.84027'31"W., FOR A DISTANCE OF 31.15 FEET; (5) THENCE S.80009'47''W., FORA DISTANCE OF 30.89 FEET; (6) THENCE S.58048'23"W., FOR A DISTANCE OF 24.42 FEET; (7) THENCE S.S4027'OS"W., FOR A DISTANCE OF 36.02 FEET; (8) THENCE S.40025'12"W., FOR A DISTANCE OF 33.11 FEET; (9) THENCE S.47057'45 "W., FOR A DISTANCE OF 62.74 FEET; (10) THENCE S.50021 '05t1W., FOR A DISTANCE OF 49.97 FEET; (11) THENCE S.68022'05"W., FORA DISTANCE OF 37.47 FEET; (12) THENCE S.42018'38"W., FOR A DISTANCE OF 39.61 FEET; (13) THENCE S.56049'27"W., FOR A DISTANCE OF 15.80 FEET TO THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89008'23"W., ALONG SAID NORTH RIGHT- OF-WAY LINE, FOR A DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: DA VINCI ESTATES AT OLDE CYPRESS, A SUBDIVISION RECORDED IN PLAT BOOK 35 AT PAGES 33 THROUGH 37, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.Oo059'51 tlW. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00059'51 "W. ALONG THE WEST LINE OF SECTION 21, FOR A DISTANCE OF 2560.17 FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89006'45"E., ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.Ol 000'01 tlW., ALONG THE WEST LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.89005'40"E., ALONG THE NORTH LINE OF SAID DAVINCI SUBDIVISION, FORA DISTANCE OF 1321.51 FEET; THENCE RUN S.Oo058'40"E., ALONG THE EAST LINE OF SAID DA VINICI SUBDIVISION, FOR A DISTANCE OF 1330.47 FEET; THENCE RUN S.89006'4S"W., ALONG THE SOUTH LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEGINNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. SHEET 2 OF 2 7A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06{l9), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local govenul1ent, the regional planning agency, and the state land planning agency according to this f01111. I. I, Brian Stock, the undersigned owner/authorized representative of Olde Cypress Development, L TD & Vita Pima, LLC, hereby 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 thereot~ I submit the following info1111ation concerning the Olde Cypress DRI (f/k/a The 'Voodlands DRY) development, which (original & current project names) infotmation is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies 01 this completed notification to Collier County, (local govemment) to the SoutbwestFlorida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. 0/7/10 . Date OO,o.-PLZ010-105Z REV:! OLOE CYPflESS om DATE: 6/11/10 Due: 7/2/10 Exhibit C 7A 2. Applicant (name, address, phone). Olde Cypress Development, L TD 2647 Professional Circle, Suite 1201 Naples, F134119 Contact: Keith Gelder (239) 592-7344 3. Authorized Agent (name, address, phone). Olde Cypress DRI DOA-PL201 0-1052 submittted: 1-12-11 (this page only) Waldrop Engineering, P.A. 28100 Bonita Grande Drive Bonita Springs, Fl34135 Contact: Chris Mitchell (239) 405-7777 4. Location (City, County, Township/Range/Section) of approved DR! and proposed change. Olde Cypress Dri (F/K/A The Woodlands Dri) Naples, FI34103 Section 21 &: 22/ Township 48s / Range 26e 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. 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. No changes are proposed to the phasing, commencement, or build-out dates. The developer proposes to add 63.88 acres to the existing DRI with no change in total number of approved units. The additional acreage is plannedfor residential development. 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. Please See Attached 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! development order that have been adopted by the local govenunent,and provide a brief description of the previous changes (Le., any infonnation not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There have been five (5) development order amendments adopted by Collier County since the original "The Woodlands DRU' development order (Ord. 86-1) was issued on November 6, 1986. The following is a description of the five (5) do amendments: 7A (1) Resolution (87-96) adopted April 28, 1987, amended section b(5)(a)(7) and (8), transportation, to clarify responsibilities 0/ Collier County and the developer,. amended section b(5)(b)(4), transportation conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; (2) Resolution (87-207) adopted September 15,1987, amending section a(4),finding offact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to setforth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by CoUter County to resolve appeals of the of the original Woodland's DRl develompent order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning CounciL The Woodland's DRl development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Comission issued itsfinal order of dismissal of the appeal. (3) Resolution (94-774) adopted November 1,1994, extended the woodland's DRl commencement date and the buildoutltermination date by four (4) years, eleven months (11) or until October 7,2000 and October 7, 2015, respectively. CoUter County remains the local government with jurisdiction over all portions of the Olde Cypress DRl. (4) On October 22, 1996, the BCC amended the development order with resolution (96-482) to reduce the number of dwelling units/rom 1,460 to 1,100 dwelling units and a reduction of the commercial usefrom 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management. Also, the right- oJ-.way reservation on the east side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. (5) In December 1999, Resolution (99-472) 28.69 acres were added to the eastern edge ofOlde Cypress in Section 22. Lands to be added included a 2.1 acre archaelogical preserve area. Standards were also incorporated in the development order to provide protection for archae/ogleal resources. The gross density was also reducedfrom 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000-155) adopted May 23, 2000 added 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modification of the golf course/open space acreage/rom 161.7 to 168.3 acres, including lakes. The residential acreage was modified/rom 152.5 acres to 155.2 acres. No changes to the number 0/ dwelling units, commercial floor area, phasing schedule, commencement date, or build-out date was requested. 7A 8. Describe any lands purchased or optioned within 1/4 mile of the original DR! 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 Y2 mile on a project master site plan or other map. Vita Pima, LLC recently purchased 65.29 acres directly adjacent (south) of the Olde Cypress DR!. The easterly 46.64 acre parcel is an existing RPUD (HD Development Ordinance #05-65). The westerly 18.65 acres is currently zoned agricultural. Vita Pima, LLC has filed a concurrent PUD Amendment application with Collier County to rezone the entire 65.29 acres to RPUD. 9. Indicate ifthe 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. The proposed change is less than 40% olany olthe criteria listed in 380(19)(b), F.S. 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 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buiIdout dates or phasing are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require any comprehensive plan changes. 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 ofthe development portraying and distinguishing the proposed changes to the previously approved DR! or development order conditions. Attached. 13. Pursuant to Subsection 380.06(19)(t), 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: 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; See attached Proposed Master Plan, Map H and Proposed changes to the Collier County Development Order. 7A 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 of the property to be attached to the Development Order. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change. d. A proposed amended development order tennination date that reasonably reflects the time required to complete the development; No change. 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 No change. 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 91-2.025 (7), F.A.C. No change. t= ~ U IirilZ ~o ~I ~~ A..~ ~= A..~ ~E= ~~ ~Iiril 0= ~~ ~~ ~~ e-. 00 ~ c:n 7A ~ Gi' 0 0 ~ 0\ 0 N o ~ r:;;' - 0\ 0\ l""i ...... 00 0 "-" N ...... I 0 gj ~ 0 0 .~ ~ ~ ~ (\I "E P:~ 0 u 8 \0 '<t 0 0 ~ 0\ 0 N c<') ......~ N 00 vi 00 - p.. ...... U"'l \0 ..... ..... ~ :~ 0 ~ 8 ..... 0- ~ 0 ~ 0 "1 ......~ \0 ..t - ...... 00 00 '"Cl ..... - ~ '" 0 0.. S t:l... ~ (II .j .~ '" '" -S en .{j Ii W r ... .. ~ Q ~ gf ~~ ~ ~ 0 t- '~ if" ..c "'0 '" 'p 0.. en ~ ~ a (J :E ~ g r 0 en 5 I -3 0 ~ 1IJ 'p l c 5 Q ~ ~ ~ 'p U) ~. ] 0 ~ 0 g. ~ ~ u .51 '" 'p ~ c: '0 ~ a en ^ ~ 0 .g .. ~ ~ el ~ (II ....... 0 ~ o I '+.:i .Q .Q u .Q 0 v ~ .a ...... ~ ~ .~ '+< o ~ &j 0 0 ~ d ~ 0 ~ bO--s 0 tl 0 ~ ~ ~ ~ 8~~ d u d u ::j:f: It: <~ .... It: <1 V3 C.I) "0 ~ ~ 0 1$~ tJ 5 !:l en ;::> r ~ 'i:l C o 0 j - ~ ] 'E (II 'p ...... 5 0... <<) 0 C.I) (II ~ <<) -0 C C . ~ 'en ~ I ~ ~Sg 7 A ~c.: Olde Cypress DRI / PUD Unit Summary Last Updated: 3/15/2010 Subdivision ~ Total Lots Built to Date % Strada. Bella SF 18 17 94% Santorini SF 55 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF 55 55 100% Santa Rosa SF 27 27 100% Biscayne Place SF 8 . 8 100% Woodsedge SF . 130 125 96% Total SF Units . 366 . 360 98% Subdivisjon ~ Total Units Built to Date % Fairway Preserve MF 264 264 100% Amberton MF 312 . 132 42% Total MF Units 576 396 69% Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 Olde Cypress DR! Total Proposed Units 7A Total Units Built to Date %. 1100 756 69% OIde Cypress PUD MF Units SF Units U nallocated Total Units Existing 576 .366. ..158. 1100 HD DevelQpment RPUD SF Units Total Units :Existing 71 71 Total pm Units OIde Cypress PUD Vita Tuscana PUD Total Units Existing 1100 o 1100 Proposed 125 125 Proposed 942 125 1067 Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 7A O/de Cypress DRI Transportation Summary Exi!?ting Urot Mix PM Peak Total :rw.e ~ Hour Trips Dips SF 296 1.0 296 MF 804 0.5 402 Total 1100 698 ~roposed Unit MU; PM Peak Total ~ Units. 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Agenda Item # 7 A Meeting Date _ I P (,;j, Presented by C l+tJL.tL S Lfl-6-H- T Thank you County Commissioners for this time to speak with you t 7 A- ~~Jp~ I am Chuck Slaght and I live at 2918 Lone Pine Lane v t~pO~v v [I have sent a nu mber of emails and letters to both you and the cepe regarding ~ the Amendment to the Olde Cypress-Woodlands DRI/PUD and I hope you have had the opportunity to read all the correspondence regarding Olde Cypress from "aWl parties.] Today we are seeing the results of broken promises in our government on all levels: promises that were made verballYI contractuallYI and in literature being broken at great expense to us and future generations. When you promise something or are promised something you expect everyone to live up to their end of the deal! We are here today for somewhat the same reasonl to formally break promises to agreements made when Woodlands --- Olde Cypress PUD/DRlls were established. I sincerely hope that you all would want the developer-builder who agreed with your predecessors and established through a chain of linked ordinances to live up to their end of that agreement. You are well aware of the elements within this agreement that stated the developer would provide nature trailsl bike lanesl a 3.9 acre parkl and other amenities. In the beginning there was ample land available to do this had the developer performed "due diligence and due regardll all promises would have been fulfilled. Stock Development is coming before you to ask this Commission to drop elements within the various ordinances thus eliminating these amenities due to an "administrative errorl this is just not truel contractual elements are not simply dropped from agreements especially when drawings/plans are merely changed. [A major portion of the community wants and deserves a park!] I know that most if not all of you are aware that in a meeting in 2008 and in a February straw vote of the community that 51% of those polled wanted some form of a park. An attempt lately has been made by the OC Master POA Board to 7 A'~ muddy up the heretofore mentioned straw poll by "selectively' re-polling the community, using verbiage that is negatively manipulative, was not done through the neighborhood representatives, and we have had community members sending negatively charged communiques throughout a select group: who knows who is actually orchestrating this derisive campaign! Personally, if you fear reprisals from the owner of "all" your amenities how are you going to vote??? Stock Development has heavily lobbied the community and collaborated with our Master Board in an effort to change the community's desire for a park with promises of landscape enhancement, a larger fitness center, and other improvements to their amenities. Simply stated, all of these improvements are being competed to facilities which are actually owned by Stock Development, could be sold to outside investors, are outside the community gate, and are necessary to enhance the appearance of the approach to the community but sorely needed to enhance sales. [Yes it will be a nice improvement to assets which are much in need of updating but this is merely a capital depreciation expense since the original 1999-2000 original building. I would ask you to compare Olde Cypress with other major Stock Development communities and their amenities and see the disparity.] You also have a "concession" document generated by our Olde Cypress Master Board of five individuals stating they support the Stock Development "appeasement" plan please note that this is only a Board drafted document representative of "their desires" not the "entire" community's desire. [There has been a lot of golf course, clubhouse politicking, and selective email arm twisting within the community to force their will upon the community.] I do not want to see precedence set here where developers can come in and arbitrarily drop major elements and commitments made to local and state agencies in DRI-PUD-DO agreements. [This is not just a simple "we measured wrong or built incorrectly' this is the elimination of a major community amenity of 3.9 acres] 7 A'c~ ') Each of you are the final stopgap procedure in this amendment process therefore I am asking each of you to vote NO to the Olde Cypress DRI/PUD amendment dropping nature trails and the park. I also request that you direct Stock Development, the County Staff and their expertise, and individuals within the community who "want a park" to sit down, work with due regard and due diligence, and hammer this sensitive issue out creating a win-win solution for everyone. If you have any questions I will be glad to answer them. Thank You and God Bless You... 7 A "iV~ In 19j wurt't{t>(-Kr Construction traffic access for the project shall be limited as generally shown on Exhibit C. At least until the 100th home site slab is poured, construction traffic access shall be limited to ingress via the existing maintenance access point on Olde Cypress Boulevard, and egress via Treeline Drive. In no case however, shall construction traffic utilize direct access to Olde Cypress Boulevard. :;-/; -g Ii. .~ g dJ fc Agenda Item #: 1 Meeting Date : ~p> Presented by: .~ 1> ~eL(( ))(Y] 7 A'c~ ~IP J:\195-01 Vito Tuscono\Received\Hole l,.lontes\2011-02-25 (pdf and dwg) from Jonathon Smith\9680PUD0-.-2011-02-25.dwg Tob' Temp Canst Access Apr ~6, 2011 - 11:39orT' Plotted by JoeC ~o ~t'-4 ttjtJ ~ttj ~:~Ei z~. 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