Resolution 2004-286
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RESOLUTION NO. 04-~
DEVELOPMENT ORDER NO. 04- 01
A RESOLUTION AMENDING THE PELICAN BAY
DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER NUMBER 77-1, AS AMENDED, BY
PROVIDING FOR: SECTION ONE: AMENDMENTS TO
DEVELOPMENT ORDER BY REALLOCATING A PORTION OF
APPROVED COMMERCIAL SQUARE FOOTAGE FROM THE
NORTH COMMERCIAL AREA TO THE SOUTH COMMERCIAL
AREA, TO REDUCE THE NUMBER OF APPROVED
RESIDENTIAL DWELLING UNITS FROM 8,600 TO 7,800
RESIDENTIAL DWELLING UNITS, AND TO PROVIDE FOR A
TURN LANE ON U.S. 41 ONTO SEAGATE DRIVE; SECTION
TWO: FINDINGS OF FACT; SECTION THREE:
CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida,
approved Development Order Number 77-1, on April 19, 1977, which approved a
Development of Regional Impact (DRI) known as Pelican BaYi and
WHEREAS, since April 19, 1977, the Board of County Commissioners has
approved several amendments to the Pelican Bay DRI Development Order; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, C. Laurence Keesey, Esq. representing Petitioners WCI
Communities Inc., the successor in interest to Westinghouse Communities of Naples,
Inc., and Waterside Shops at Pelican Bay Trust, the owner of a portion of the South
Commercial Area within the Pelican Bay (DRI), (hereinafter referred to jointly as
"Petitioner"), has petitioned the Board of County Commissioners of Collier County,
Florida, to amend the Pelican Bay DRI Development Order Number 77-1, as
previously amended by Resolutions numbered 87-228, and 89-77Ai and
WHEREAS, Petitioner has filed a Notice of Proposed Change ("NOPC")
requesting that a portion of the previously approved, but unbullt and uncommitted,
amounts of commercial (office and retail) uses within the North Commercial Area of
Pelican Bay known as The Marketplace, consisting of 121,000 square feet of the
remaining 162,576 square feet, be reallocated to the South Commercial Area known
as the Waterside Shops to add a totai of 121,000 gross square feet of commercial
use (consisting of 36,000 square feet of office use and 85,000 square feet of retail
use) to this Area of Pelican Bay; and to reduce the number of approved residential
dwelling units within Pelican Bay by 800 units from 8,600 units to a maximum of
7,800 units; and
Words underlined are additions; words struek thraugh are deletions.
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WHEREAS, the Petitioner's NOPC to the Pelican Bay DRI does not constitute a
substantial deviation from the approved Development Order pursuant to Section
380.06(19), Florida Statutes; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida Regional
Planning Council (SWFRPC) and held a public hearing to consider the Pelican Bay DRI
NOPC on August 19, 2004; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier County Planning
Commission and has held a public hearing on the petition on September 14, 2004;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Subsection IX, of the Pelican Bay Development Order No. 77-1 entitled
"Increase in Commercial Square Footage", as amended, is hereby amended to read
as follows:
Subsection IX, Increase in Commercial Square Footage.
nte Pelic<lR Bay De".'eleJ3""eRt Order autharizes 350,000 !;jrass leasable sql:lare
footage af afflce l:Ise aRs 310,000 grass leasable sql:lare faata!;je of retail use as
iseRtlfies iR the AJ3plicatiaR for De'Ielal3""eRt Al3l3ro...al. The 350,000 gross leasable
sql:lare footage is cORveFtes ta 130,718 S(lU6fe f-cet of gross builsiF'!!;l ar-ca for office
sl3aee. TRe retail space is ceRveFtes fra"" 310,000 gross leasable square footage to
326,316 sEluare f-cet af !;jrass building area. The total commercial square footage
al:ltAarizes BY De'/elapment Orser No. 77 1 Is 757,034 grass bullsiRg area.
The Development Order is hereby amended to authorize a total of 1,095,000
square feet of commercial gross building area (subject to the Provisions of 5eeaeft
Three; Subsection XI, below consisting of a maximum of 435,000 510.000 square
feet of gross building area for retail space and a maximum of 945,000585.000
square feet of gross building area for office space, but in no event shall the combined
total exceed 1,095,000 square feet of commercial gross building area. The Increase
of 337,966 square feet of gross building area aporoved in Resolution Number 89-77A
is referred to as the Substantial Deviation Project. A maximum of 610,100761,400
square feet of commercial gross building area (containing a maximum of 285,000
370.000 gross square feet of retail and 391.400 gross square feet of office uses)
Words underlined are additions; words struck tRrt'll:l!;jR are deletions.
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shall be constructed in the Area (South) Commercial District. A maximum of
,qS1,6C10 333.600 square feet of commercial gross building area (consisting of
(301,600) 193.600 square feet of office and 150,000 140.000 square feet of retail)
shall be constructed in the Community (North) Commercial District (subject to the
provisions of SectioR Three Subsection XI. below. CentiF'tgeRt UJ30fl Followlnr;J the
adoption of the rezoning ordinances(s) specified in Seetiefl Three Subsection XI A. of
this ResalutieR Develooment Order, all commercial square footage authorized by
Development Order 77-1 for the Neighborhood Commercial District is Rcree'f ~
reallocated to either the Area (South) or the Community (North) Commercial 9+sfflet
Districts as part of the 451,600 maximum 1.095.000 square feet. The phasing of all
commercial square footage is addressed In Section Two EA. hereof. Whenever used
herein, the term "Gross Building Area" shall mean the total square footage of the
building including all parts and components thereof, and unless otherwise specified,
all square footage references are to gross building area.
B. Paragraph EA., relating to Transportation, Subsection X, entitled
"Conditions Applicable to Substantial Deviation Project," of the Pelican Bay
Development Order Number 77-1, as amended, is hereby amended to read as
follows:
4. The applicant shall fully mitigate the impacts of the Substantial
Deviation Project on regional transportation facilities by providing the
neeessary funding to increase the number of lanes from four (4) to six (6) on
U.S. 41 from the Laurel Oak Drive intersection to, and Including the Gulf Park
Drive Intersection. Said mitigation funding fully meets the requirements of
Department of Community Affairs' Transportation Policy Rule, 9J-2.0255,
Florida Administrative Code, exempting all of the Substantial Deviation Project
from the Concurrency Management System, except Phase IV as hereinafter
specified. Adequate commitment for said funding shall be In place prior to
commencement of Phase II as set forth below. The applicant is further
mitigating the impacts of the Substantial Deviation Project on the regional
transportation facilities by reducing the number of residential units allowed in
Pelican Bay as set forth in Section Four hereof.
The applicant shall be subject to the following phasing schedule:
Phase I - The applicant may develop 478,400 square feet of commercial
in the Area (South) Commercial District, containing a maximum
123,000 square feet of retail commercial and a maximum of
Words underlined are additions; words struck tAratl!;jA are deletions.
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Phase II -
Phase III -
Phase IV -
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227,000 square feet of office in the Community (North)
Commercial District.
When an adequate commitment for funding two additional
lanes of U.S. 41 (Laurel Oak Drive to Gulf Park Drive) is made
by applicant as set forth above, applicant may develop an
additional 45,000 square feet of commercial, containing a
maximum of 40,000 square feet of retail commercial in the
Area (South) Commercial District.
When a contract is awarded for the transportation improvement
specified in Phase II, applicant may develop an additional
maximum of 132,000 square feet of commercial, containing a
maximum of 122,000 feet of retail commercial in the Area
(South) Commercial District:
provided however, there is
authorized a maximum of 640,400 square feet of combined
office and retail commercial in the Area (South) Commercial
District.
When an adequate commitment for funding to increase the
number of lanes on U.S. 41 from Gulf Park Drive to Vanderbilt
Beach Road from 4 to 6 lanes has been made by governmental
or private entities, or a combination thereof, applicant will be
allowed to develop aR aaalticmal 77,600 square feet af affiee
and aR aaditioF'tal 150,000 sfll:lare feet of retail eemmcrcial iR
tAC Cammunity (NaFtA) COffifficreial District uo to the maximum
of 1.095.000 gross souare feet of commercial use. includino
both office and retail uses. as specified in Subsection IX of this
Develooment Order. Adequate commitment shall mean a
commitment that would satisfy the requirements of the
Concurrency Management System
of the County's
C. Subsection XII entitled "Additional Conditions," of the Pelican Bay
Comprehensive Plan.
Development Order Number 77-1, as amended, is hereby amended as follows:
Subsection XII Additional Conditions:
A. The maximum number of allowed residential dwelling units is hereby
reduced to cight tAousaRa six huF'tdred (8,600) seven thousand eioht
hundred (7.800) units.
Words underlined are additions; words struck tRrOll!:!R are deletions.
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B. Hotels as an allowed use in the Group 3 and Group 4 Residential Districts
will not be allowed in those Group 3 and Group 4 areas depicted on Exhibit
B attached hereto.
C. A maximum height of one hundred (100) feet is hereby placed on all new
structures in the Community Commercial District and the Area Commercial
District.
D. Construction of Additional Turn Lanes On US 41 and on Seaaate at the US
41/Pine Ridge Road intersection.
(1) Prior to obtainina a certificate of occuoancy for any of the exoansion
of retail use within the Waterside Shops at Pelican Bay Trust's
orooertv (hereinafter "Waterside Shoos"). as aooroved in and by the
September 2004 Amendments to the Pelican Bav PUD/DRI. Waterside
Shoos. or its aQent. shall commence construction of one additional
northbound left turn lane located on U.S. 41 at Seagate Drive and one
additional eastbound left turn lane on Seaaate Drive at US 41
(hereinafter "turn lanes"). In the alternative, and at the Countv's
option. Waterside Shoos shall Day to the Countv the amount specified
in Suboaraaraoh (3) below and the County shall be responsible for
construction of the turn lanes.
(2) The cost of construction of the turn lanes shall be oaid by Waterside
Shops and the turn lanes shall be constructed by Waterside Shops in
accordance with Collier CountY/Florida DOT soecifications. This
reauirement shall become apolicable and effective after the Collier
County Transoortation Division (hereinafter "CCDOT") and Florida
DOT determines that the turn lanes are needed and feasible at this
location.
(3) At least slxtv (60) davs prior to the Waterside Shoos fillnQ an
application for a buildinQ oermit to construct any of the exoansion of
its commercial use aporoved bv the Countv in September 2004. the
Waterside Shops shall submit a written reauest to the Administrator
of CCDOT for a determination of whether the CCDOT intends to
assume all resoonsibilitv for construction of the turn lanes. Within 3S
davs from receipt of the Waterside Shoos' request. the Administrator
of CCDOT shall respond in writina to advise whether the Waterside
Words underlined are additions; words struek tAral:lgA are deletions.
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Shoos shall oroceed to construct and pay for the turn lanes. or in the
alternative. that the Waterside Shops shall Day to the Countv all of
the aareed estimated construction costs of the turn lanes. in the total
amount of $303.542. in lieu of the Waterside Shops having anv
further resoonsibility or obllaation reaardlng the turn lanes. If either
of the turn lanes is constructed seoaratelv. the cost for both shall be
paid as follows: the cost of the northbound US 41 left turn lane is
estimated to be $131.207 and the cost of the eastbound Seaaate
Drive left turn lane is estimated to be $201. 008.
(4) In the event that the Waterside Shops is not resoonsible for
construction of the turn lanes. the Waterside Shoos shall pay the
amount soecifled in suboaragraph (3) above to the County orior to
receiot of a building oermit for any exoansion of the commercial uses
aooroved bv the Countv in the Seotember 2004 Pelican Bay PUD/DRI
amendments.
(5) In the event that the Waterside Shops is responsible for construction
of the turn lanes. the Waterside Shoos. or Its aaent. shall submit a
construction permit aoolicatlon to the County for the turn lanes.
consistent with Collier Countv/FDOT reaulat/ons. including any
reaulred enalneerlna olans and soecifications. The Waterside Shoos
shall submit its aoolicatlon to construct the turn lanes at least thirty
(30) days or/or to obtaining a building oermit for anv expansion of the
commercial uses approved in the Pelican Bay PUD/DRI amendments.
and shall proceed with the construction and completion of the turn
lanes in a timely manner.
(6) Traffic CalmlnQ Studv: The Waterside Shoos has aqreed with the Citv
of Naoles to fund. in an amount up to $8500. a street classification
and traffic calming studv by the Citv on streets south of Seagate
Drive. The Citv's traffic calminQ studv shall be comoleted orior to the
Waterside Shoos filing an aoolication with the County for site
develooment olan aooroval for anv of the additional commercial
square footaQe aooroved by the Countv's Pelican Bay PUD
Amendments on Seotember 21.2004.
Words underlined are additions; words strl:lE:k tRreugh are deletions.
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(7) SCOOT: The Waterside Shoos has acreed to oartlcloate in the cost of
lmolementlng SCOOT. an adaotive slcnal svstem. that resoonds
automatically to chanoino traffic conditions. The Waterside shoos shall
particioate In the cost of Installation of this svstem at the signalized
intersections of Pine Ridoe Road and US-41: Pine Ridge Road and
Goodlette-Frank Road: and Seagate Drive and West Boulevard.
SECTION TWO: FINDINGS OF FACT
A. The real property which is the subject to the amendment petition is legally
described as set forth in Exhibit "A", attached hereto and by reference made a
part hereof.
B. The Petitioner's application for a NOPC is in accordance with Section
380.06(19}, Florida Statutes.
C. The changes proposed by this NOpe for the Pelican Bay DRI involve a
relocation of previously approved commercial (office and retail) uses from the
North to the South Commercial Area of Pelican Bay and a reduction, by 800
units, of the maximum number of approved residential dwelling units within
Pelican Bay DRI.
D. The requested amendment to the previously approved Development Order Is
consistent with the report and review of the SWFRPC.
E. A comprehensive review of the impact generated by the requested
amendment has been conducted by the County's departments and the
SWFRPC.
F. The development is not In an area designated as an Area of Critical State
Concern pursuant to the provisions of Section 380.05, Florida Statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed amendment to the approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted
State Land Development Plan applicable to the area.
B. The proposed amendment to the previously approved Development Order is
consistent with the Collier County Growth Management Plan and the land
development regulations adopted pursuant thereto.
C. The proposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
D. The proposed amendment to the Development Order is not a substantial
deviation from Development Order No. 77-1, as amended.
Words underlined are additionsi words struck thraugh are deletions.
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SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A, Except as amended hereby, Development Order No. 77-1, 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.
B. Copies of this Development Order No. 04- C l
shall be transmitted
by Collier County immediately upon execution to the Department of
Community Affairs, Bureau of Land and Water Management, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this
Board. This Resolution adopted after motion, second and majority vote.
Done this 21'1 day of Seotember, 2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU ,FLORIDA J
~d~
IALA, CHAIRMAN
ATTE~!:i" ,{):r~f.lG""
DWlJAM' 1 ~ E.' BRO~,'CLERK
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MarjorlllM. Student
Assistant County Attorney
DOA-2003-AR-4777
Item' ~ C.
Agenda ()....:~.l.-I'\~.
Date ~
Dal1l Ib-<6 rb~
Rec'd
Words underlined are additions; words struck threl:l!!j'" are deletions,
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