Resolution 2002-302
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DEVELOPMENT ORDER 02- 01
RESOLUTION NO. 02-~2
A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 99-4,
FOR THE WINDING CYPRESS DEVELOPMENT OF REGIONAL
IMPACT ("DRI") BY PROVIDING FOR AMENDMENTS TO
REDUCE THE NUMBER OF RESIDENTIAL DWELLING UNITS;
TO CREATE A MIX OF SINGLE FAMILY AND MULTI-FAMILY
DWELLING UNITS; TO REDUCE THE GROSS FLOOR AREA
FOR OFFICE USES AND INCREASE THE GROSS FLOOR AREA
IN RECREATIONAL FACILITIES; TO DECREASE THE
ACREAGE OF THE GOLF COURSE AND CORRESPONDING
NUMBER OF HOLES; TO INCREASE THE AMOUNT OF
PRESERVE AREA AND BUFFERS, W A TERW A YS, CANALS
AND FP&L EASEMENTS, AND TO FURTHER AMEND: THE
HISTORICAL/ARCHEOLOGICAL SECTION; THE HURRICANE
EVACUATIONIFLOOD PLAINS SECTION; THE VEGETATION
AND WILDLIFE/WETLANDS SECTION; AND THE PUD
DOCUMENT SECTION; TO PROVIDE FOR FINDINGS OF FACT;
CONCLUSIONS OF LAW; EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, on September 2, 1998, Barron Collier Company, in accordance with
Subsection 380.06(6), Florida Statutes, filed an Application for Development Approval (ADA) of
a Development of Regional Impact (DR!) known as Winding Cypress with Collier County and
Southwest Florida Regional Planning Council; and
WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open
public hearing in accordance with Section 380.06, Florida Statutes, having considered the
Application for Development Approval of a Development of Regional Impact submitted by
Developer; the report and recommendations of the SWFRPC; the record of the documentary and
oral evidence presented to the Collier County Planning Commission; the report and
recommendations of the Collier County Planning Commission; the recommendations of Collier
County Staff and Advisory Boards; and the record made at said hearing, issued Resolution No.
99-467 and Development Order 99-4 approving the Winding Cypress DRI; and
WHEREAS, on March 8, 2002, George Varnadoe, on behalf of Barron Collier Company,
Ltd., (hereinafter "Developer"), the successor in interest to Barron Collier Company, and the
owner and developer of the Winding Cypress DRI, filed a Notice of Proposed Change ("NOPC")
requesting that the Board of County Commissioners approve the following changes to the
Winding Cypress DR!: a reduction in the number of residential units; an increase of 83 acres of
preserve area; a reduction in the amount of golf course uses by 27 holes, one clubhouse, one
maintenance facility and one practice range; a decrease of 5,000 square feet, with a corresponding
increase of 5,000 square feet, in the amounts of office and recreational uses, respectively, within
the Village Center; a redesign and relocation of approved uses within the Winding Cypress DRI
as depicted on the DR! Master Plan marked "H-I" attached hereto as Exhibit "C"; and the
amendments to the terms and conditions of the Winding Cypress DRI Development Order as
approved below.
WHEREAS, the Board of County Commissioners as the governing body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida
Statutes, is authorized and empowered to consider Applications for Development Approval
(ADA) for Developments of Regional Impact and Notices of Proposed Change (NOPC) thereto;
and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
requirements of the Collier County Zoning Ordinance have been satisfied; and
Deletions appear as Slriketllreugk text, additions appear as Underlined text.
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WHEREAS, the Board of County Commissioners passed Ordinance 99-93 on December
14, 1999, which rezoned the subject property to PUD and the Developer has requested the County
to approve amendments to the Winding Cypress PUD to conform with this DR! Development
Order; 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 on the NOPC on June 10, 2002; and
WHEREAS, the issuance of an amended Development Order pursuant to Section 380.06,
Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of
other development permits consistent herewith by the County or State; and
WHEREAS, on June 25, 2002, the Board of County Commissioners, at an open public
hearing in accordance with Section 380.06, Florida Statutes, considered the NOPC and approved
the amendments to the Winding Cypress DRI Development Order and approved the revised
Winding Cypress DR! Master Plan, marked "H-I" and attached as Exhibit "c" hereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER.
A. The Findings of Fact Section of Development Order 99-4, the Winding Cypress
DR!, is hereby amended to read as follows:
FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth
in Exhibit "A"
2. The application is consistent with Subsection 380.06(6), Florida Statutes (1998).
3. The Developer submitted to the County an ADA and sufficiency responses, hereby
referred to as composite Exhibit "B", which by reference thereto are made a part
hereof to the extent that they are not inconsistent with the terms and conditions of
this Order, as amended.
4. The Developer proposes development of the Winding Cypress Development of
Regional Impact, as shown on the Master Plan attached hereto as Exhibit "C", and
consisting ofI,928 acres, which includes:
A. A total of ~ 2.395 residential dwelling units anti a sales sSRter, subiect
to the orovisions of parafP'aph 4.A.3 hereof, on 4J+ 448 acres, as described
in subparagraphs (1 )-(3), below:
I. Up to 1.440 residential units mav be single family dwelling units: and
2. Up to 860 residential units may be multi-family dwelling units.
3. The Developer shall have the option of converting a maximum of 100
approved single familv residential dwelling units to additional multi-
family residential units. at a conversion ratio of 1.95 multi-family units
for each single family unit converted to multi-family use. without filing
a NOPC or undergoing further DRI review.
B. A Village Center consisting of 10,000 square feet of Gross Floor Area
(GFA) of retail use, ~ 5.000 square feet GFA of office space, and
~ 15.000 square feet GFA of recreational facilities, in addition to a
clubhouse;
Deletions appear as StrilEslRrellgR text, additions appear as Underlined text.
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C. Golf ~ Club, # ~ holes of golf course, practice range, and
maintenance facilities on ~ 1M acres;
D. 235 acres of lakes;
E. eell acres of right-of-way;
F. 9 acres of recreational lands; and
G. +H 796 acres of preserves, and &8 ] 80 acres of miscellaneous buffers,
waterways, canal, and FP&L easements.
5. The development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development will not interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been
conducted by the appropriate County departments and agencies and by the
SWFRPC.
8. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.05, Florida Statutes, as amended.
9. The development is consistent with the current land development regulations and
the Growth Management Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan.
B. Paragraph 2, "Historical/Archeological," of the Conclusions of Law Section of
Development Order 99-4, the Winding Cypress DR!, is hereby amended to read as follows:
2. HISTORICAL/ARCHAEOLOGICAL
A. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR789, 8CR790,
8CR791, 8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the
Winding Cypress property shall be preserved in perpetuity and shall be
recorded as "Preserve" on all appropriate plats, site plans, and the Master
Development Plan for the Winding Cypress DRI.
B. In areas where the sites are located in the vicinity of proposed
development, a buffer or conservation easement averaging 25 feet in width,
or equivalent protections, such as temporary fencing or other structural
barriers, shall be preserved or constructed around the archaeological sites.
Exotics removal within these areas shall be by hand labor.
:g Q. ArsRaeslegisal site SCR7119 will eitfter Be pretested BY I9Yrial geReath gelf
seYrse fill, SF will ge ensayated 8Il imJ38st lRitigatieR. fiaal prssilf\'atisR sr
lRitigatieR arraRgelBeRts fer this site shall Be sYBlRitted ts the fIerie8
DepaAlReRt sf State, DiyisisR sf HistsRseal ReSSaf6eS ("DHR"), tee
Sel:ltawe&t fIeRda RegisRal Plar.niRg CSlHleil ("S'.\'FRPC"), aRa CellilM"
CSClR~' fer revie'", ana 8flflre'ial. The Developer shall cooperate with the
Department of State, Division of Historical Resources ("DHR") f)AA
investigation of these sites by allowing access to the archaeological sites by
properly credentialed investigators, whenever such access can be
reasonably accommodated.
Deletions appear as S1;rilietRFBlIgh text, additions appear as Underlined text.
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I" Q. THe Dil\'els~er SHall asti'illly seille registfatisR sftRilse sites iR the }Jatieaal
Register sf Hi!ltsAs Plases. If any additional archaeological/historical sites
are uncovered during the proposed development activities, all work in the
immediate vicinity of such sites shall cease immediately, and the Developer
shall contact DHR, SWFRPC, and Collier County so that a state-certified
archaeologist can determine the significance of the findings and
recommend appropriate preservation and mitigation actions, as necessary.
G g. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Historical and Archaeological
Sites are hereby incorporated by reference to the extent they are consistent
with Paragraphs A-I" Q. above.
C. Paragraph 3, "Hurricane Evacuation/Floodplains," of the Conclusions of Law
Section of Development Order 99-4, the Winding Cypress DR!, is hereby amended to read as
follows:
3. HURRICANE EV ACUA TION/FLOODPLAINS
A. All deeds to property located within the Winding Cypress DR! shall be
accompanied by a disclosure statement in the form of a covenant stating
that the property is located in a hurricane vulnerability zone, that the
hurricane evacuation clearance time for Collier County or the Southwest
Florida Region is high, and/or hurricane shelter spaces are limited.
B. The Developer, or the proposed homeowners' association shall establish
and maintain a public information program for purposes of educating the
development's residents regarding the potential hurricane threat, the need
for timely evacuation in the event of an impending hurricane, the
availability and location of hurricane shelters, and evacuation routes, and
the identification of steps to take to minimize property damage and to
protect human life.
In order to use the above mitigation option, the Developer shall develop a continuing
hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan
shall address and include, at a minimum, the following items:
1. operational procedures for the warning and notification of all residents and visitors
prior to and during a hurricane watch and warning period;
2. a public awareness program which addresses vulnerability, hurricane evacuation,
hurricane shelter alternatives including hotels, staying with friends and the
locations of hurricane shelters, and other protective actions which may be specific
to the development;
3. identification of who is responsible for implementing the plan;
4. and other items as deemed appropriate.
The plan shall be developed in coordination with local emergency management officials. ~
to lise this ffiitigatiea efltieli, tae filial ~laH ffilist Be fSWla IllifHsillRt ey tHe rllvie",.iag ageRsies aRa
HUlst aaerBSS the rilsSffiffieRaatisRs ~rsyiaea BY tHll rilvie'.viFlg ageRsiell; 8r alteffiatively, tHe
De'leh'lflilr SHall sSffiffiit ts ~rs'IisiSR sf rsaa'Nay sa~asity reElliireffieRts aea'le aHa eeya.aa tHese
imJ3ravilmilRts rellliirile BY Rule 91 2.9235, Flsrilla t.aHliRistFativil Csee; ar the Develspilr saall
eOHlmit ts ~rsvisisR sf [liNes ts Billisea fsr tHe j3uF)'lsse sf j3rssliriRg SSIRHlURisatisRS eEJ.lii~ffieRt
wHieH W8tdQ liflgraail tHe ilJdstiRg 'liamiRg aRe RstifisatisR safllleility sf Issal effillrgllRsy
managemeRt offieials. IR srailr ts lille ~is mitigaasR a~tieR, tHll Dilvillej3er mlist pr8'iide
reas8liaele assliraase Hem the lesal effiergilRsy H1aaagemsRt effIeials regardiag tae j3revisi8Rs
ability te realise tHe aevelsj3H1eat's Hliffisafte evasuatisR imflaats.
Deletions appear as StrilielRfOlIgR text, additions appear as Underlined text.
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C. The Developer has provided off-site hurricane shelter mitigation for the
Winding Cypress DR! by providing funds to the Collier County Emergency
Management System for window and door protection to the Oak Ridge
Middle School pursuant to commitments made as a result of negotiations
with Collier County officials.
D. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Question 16 (Floodplains) and
Question 23 (Hurricane Preparedness), and not in conflict with the above
recommendations, shall be incorporated into the Development Order as
conditions for approval.
D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4, the
Winding Cypress DR!, is hereby amended to read as follows:
4. VEGETATION AND WILDLIFE/WETLANDS
A. The need for wildlife crossings and fencing designs for roadways crossings
ofthe preserve areas shall be reviewed in coordination with the Florida
Fish and Wildlife Conservation Commission ("FFWCC") as part of the
ERP permit process.
B. Review of State listed species and habitat impacts/mitigation shall be
addressed in coordination with FFWCC during the ERP permit process
based on specific site plan details. At a minimum, the draft Preserve Area
Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be
implemented for the preserve area.
C. A minimum of ~ 796 acres of wetland and upland enhancement preserve
area shall remain in conservation areas post development; a conservation
easement shall be placed over all conservation areas.
D. Native landscaping shall be used to the greatest extent practical. The
Project will meet the criteria of Section 2.4.4.1. of the Collier County Land
Development Code which requires 75% of the required trees and 50% of
the required shrubs to be native plants.
E. Impacts to any gopher tortoise burrows shall be handled through the
FFWCC Take and/or Relocation Permit process.
E. Upland and/or appropriate structural buffers will be provided per the
SFWMD Basis of Review.
E. Paragraph 11, "PUD Document," of Development Order 99-4, the Winding
Cypress DR!, is hereby amended to read as follows:
5. PUD DOCUMENT
There is a PUD document (Ordinance 99--9; 0235) approved by the Collier County Board
of County Commissioners on D8seHiB8r 14, 1999 June 25.2002, which also governs the Winding
Cypress DRI. The Developer acknowledges that the conditions and commitments of the PUD
Document also govern the development and use of property within Winding Cypress, even
though the PUD Document (Ordinance 99--9; 02- 3 ~, is specifically not made a part of this
Development Order.
SECTION TWO: FINDINGS OF FACT
Deletions appear as Striketkrallgk text, additions appear as Underlined text.
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A. The real property which is the subject of this Development Order, including the
Winding Cypress Addition, is legally described as set forth in Exhibit "A",
attached hereto and by reference made 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 Change to a Previously
Approved DR!, marked as Exhibit "B", and be reference made a part hereof.
D. The applicant's predecessor in interest proposed the development of Winding
Cypress on 1928 acres of land for a mixed-use development consisting of
residential, commercial and golf club uses as described in Development Order 99-
4.
E. A comprehensive review of the impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments
and the SWFRPC.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order as presented
do not constitute a substantial deviation pursuant to Section 380.06(1), Florida
Statutes. The scope ofthe development to be permitted pursuant to this
Development Order Amendment includes operations described in the Notice of
Change to a Previously Approved DR!, Exhibit "B", by reference made a part
hereof.
B. The proposed changes to the previously approved development are consistent with
the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not
unreasonably interfere with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
D. The proposed changes to the previously approved Development Order are
consistent with the Collier County Growth Management Plan, as amended, and the
Land Development Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development Order are
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 99-4 shall remain in full force and
effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order 02-0shall be transmitted immediately upon
execution to the Department of Community Affairs, Bureau of Local Planning, and
the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
Deletions appear as Stril(BIftFllllgR text, additions appear as Underlined text.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
, ~ pone this -"~aday of June, 2002.
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Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR!DA
~Ai~Yn. idb~
Marjori . Student t
Assistant County Attorney
By J~~~N
Deletions appear as Etf"il.ellHallgk text, additions appear as Underlined text.
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