Resolution 2002-459
8D
DEVELOPMENT ORDER 02- 03
RESOLUTION NO. 02-~
A RESOLUTION AMENDING DEVELOPMENT ORDER
NUMBER 90-1, AS AMENDED, FOR THE PELICAN
STRAND DEVELOPMENT OF REGIOINAL IMP ACT (DRI)
LOCATED AT THE INTERSECTION OF INTERSTATE -75
AND IMMOKALEE ROAD (CR# 846) BY PROVIDING FOR:
SECTION ONE, AMENDMENTS TO THE FINDINGS OF
FACT SECTION TO REFLECT AN INCREASE IN THE
SQUARE FOOT AGE OF OFFICE COMMERCIAL USES
AND A DECREASE IN THE SQUARE FOOTAGE OF
RETAIL COMMERCIAL USES, A REDISTRffiUTION OF
THE ACREAGE A TTRmUT ABLE TO THE VARIOUS
TRACTS, TO ADD THE USE OF 120 RESIDENTIAL UNITS
IN LIEU OF A 140 UNIT HOTEL AT THE OPTION OF THE
DEVELOPER IN THE ACTIVITY CENTER DISTRICT, AND
TO REDUCE THE MAXIMUM NUMBER OF DWELLING
UNITS FROM 1,200 TO 1,160; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, CONCLUSIONS OF LAW;
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO
DEPARTMENT OF COMMUNITY AFFAIRS AND
EFFECTIVE DATE.
WHEREAS, Regency Village of Naples, a Joint Venture, c/o Stephen Tavilla, filed on
December 1, 1988, with the County of Collier an Application for Development Approval (ADA)
of a Development of Regional Impact (DRI) known as Regency Village of Naples in accordance
with Subsection 380.06 (6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 90-1 (the "Development Order") by Resolution Number 90-67 for the
Regency Village of Naples DRI on February 13, 1990; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 90-7 by Resolution Number 90-505, amending Development Order 90-1, on
October 23, 1990, pursuant to the terms of a stipulated settlement agreement between the
Department of Community Affairs, Southwest Florida Regional Planning Council, and Stephen
Tavilla; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 95-4 by Resolution Number 95-457, amending Development Order 90-1, on
August 8, 1995, amending the date of initial commencement and the date of exemption from
down-zoning; and
Words sir. ok 1h....giI are deleted; words llllllmio.IllI are added.
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 96-3 by Resolution Number 96-484, amending Development Order 90~ 1, on
October 22, 1996, amending all references to Regency Village or Regency Village of Naples to
Pelican Strand; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 97-3 by Resolution Number 97-295, amending Development Order 90-1, on
July 22, 1997, amending the Development Order by adding a section entitled Solid Waste,
Hazardous Waste, Medical Waste; and by amending the Transportation section and renumbering
subsequent sections; and
WHEREAS, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing The Strand
Limited, a Florida Limited Partnership, desires to make certain revisions to the plan of
development and Development Order for the Pelican Strand DRI and to make certain changes to
the development approved herein; and
WHEREAS, The Strand Limited, a Florida Limited Partnership, through its authorized
agent, has filed its application and notification of a proposed change to Development Order 90-1,
as amended, which is attached hereto and incorporated by reference herein as Exhibit "A"; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statues, is authorized and empowered to consider proposed changes to the Pelican
Strand DRI, Development Order 90-1, as amended; and
WHEREAS, the Collier County Board of Commissioners has passed Ordinance No.
02-57 on Noveraber 5 ,2002, which has the effect of amending the PUD zoning for the
Pelican Strand DRI previously approved in Ordinance No. 97-75; and
WHEREAS, on November 5 , 2002, the Board of County Commissioners, at a public
hearing in accordance with Section 380.06, Florida Statues, having considered The Strand
Limited, a Florida Limited Partnership's, application and Notice of Proposed Changes to the
Pelican Marsh Community Development Order 90-1, as amended, and the record made at said
hearing, and having considered the record of the documentary and oral evidence presented to the
Collier County Planning Commission; and report and recommendations of the Collier County
Planning Commission; the report and recommendations of the Collier County Planning Staff and
Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning
Council, the Board of County Commissioners of Collier County hereby approves the following
Pelican Marsh Community Development Order amendments.
Words gtr::ck tkrgug~ are deleted; words underlined are added.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COIYNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4 of the Findings of Fact Section of the Development Order 90-1, as
amended (Resolution 90-67, as amended), for the Pelican Strand DRI is hereby amended to read
as follows:
4. The applicant proposes the development of Pelican Strand Planned Unit Development
for 574.6 acres which includes: 30 acres of commercial uses which may also include 120
residential units on 5.6 acres at the option of the developer on Tract C 1, *~ ;-~,,-~ ~ an
mot~q~,49¢;~ 120,000 square feet of office commercial, and ~'m._..,.,,,,,nac~ 90,000 square feet of retail
commercial; ~.,...,.,-mc~ 1,160 residential dwelling units on ~'~..., .., ~ 170 acres or on 175.6 acres if 120
dwelling units are developed in the commercial area., an 18-hole golf course and buffers on 202.2
187.3 acres; 82.8 85.3 acres of conservation areas; 73.7 75.5 acres of lakes for water
management; and 26.3 acres of roads. (See attached PUD Master Plan.)
SECTION TWO: FINDINGS OF FACT
A. The approved land uses within the Pelican Strand DRI are depicted on the
PUD Master Plan, which is marked Exhibit "B", attached hereto and incorporated
by reference herein.
B. The application is in accordance with Section 380.06(19), Florida Statues.
C. The development of Pelican Strand Planned Unit Development on 574.6+ acres of
land shall include the land uses described in the above Findings of Fact at Paragraph 4.
D. The requested amendment to the previously approved Development Order is
consistent with the report and review of the Southwest Florida Regional Planning
Council.
E. A comprehensive review of the impact generated by the requested
amendments has been conducted by the County Departments and the
Southwest Florida Regional Planning council.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes.
Words s.*r.::¢l: tSro~:gh are deleted; words underlined are added.
SECTION THREE: CONCLUSIONS OF LAW
A. The requested amendment of this previously approved Development Order is
consistent with the report and recommendations of the Southwest Florida
Regional Planning Council and does not constitute a "substantial deviation"
pursuant to Section 380.06(19), Florida Statues.
B. The proposed amendment to the previously approved Development Order will
not unreasonably interfere with the achievement of the objectives of the adopted
State Land Development Plan applicable to the area.
C. 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.
D. The proposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 90-1, as amended, shall
remain in full force and effect, binding in the accordance with its terms on all
parties hereto. This amended Development Order shall take precedence over all
other applicable previous and subsequent Development Orders which are in
conflict thereof.
B. Copies of the Development Order No.02-0 3., 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.
C. This Development Order shall take effect as provided by law.
Words s~uc!: thrcugh are deleted; words underlined are added.
4
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 ~ day of ~OVO. z~Zl- ,2002.
Approved as to Form and Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:JAM////'~~'S ,r !. ?-~_~---~-/J/
N. COLETTA, CHAIRMAN
LBS-02.
Maij or~l~; Student'
Assistant County Attorney
DOA/2002/AR/1638/FRJsp
Words s~ack tkr~ug?, are deleted; words underlined are added.
Florida
Driw.. ~4
C~;uncil
FROM:
DATE:'
SUBJECT:
NIEMORANDUM
Applicants and Inte. r~ted Individuals
' Nichols L Gwinnett, IC&R Coordinato~
January 2.2002
Less Than Reglcmally Significant end Consistent Projects
The attached list Indicates the pn)jects that Council .taft ha~ determined to fall under
the designation of ~ Than ReGionally ,~ignlflcent and Cone's'tent." whi=h the
definition indicates ,the following: "
'Les~, Th~n ,Regionali_v 81_an .!fi =~ Lnt in_d Cons_lstent - no further review of this
can be ~ from the Council.
This memo does not serve as notification of whether or net the application has bee~
accepted. This is to just serve a;s notification that the SWFRPC has reviewed the
attached proje=t= and that no further rev'mw would be necessary from the Counc~.
Please feel'free to contest me at 9411656-7720 or e-mail npwinnett~_ ~WfrpC.om if you
· . have any questions mash:ling your particular project.
/nlg
attachment
~oo~
--- Exhibit I'a"
SWFRPC
P. 02
Agenda Item #3.(a)2.
TI-~ STi~ND
]DRI #12-8889.87, 3.9697-13g
NOTICE OF PROPOSED CI.~NGE
COLLIER COUNTY
]~ackj~round:
The Strand Development of Reg, ional Impact (DRI) is local:od at the northwest quadrant of' the
County Road 846/Immokalee RosSI-75 interchange in the 1North Naples area of Collier County.
This is shown in Attachment I, (Project Location Map}. The Strand DRI has previously been known
under two other names. From 19~3 through 1995, the southern portion of the current DR/property
was known as the "Regency Village of Naples" Development of Regional Impact, In 1996. the
was acquired by the current owner and expanded through the DRI Substantial Deviation process.
The revised DRI became known a~ "Pelican Strand". Current/y, the DRI is being marketed as "The
Strand".
Previous History.'_
The original Development Order for "The Regency Village of Naples" DRI (Development
Order g90-1/Resolution #a0-67} was approved by the Collier County Board of County
Commissioners on February 13, 1990. The original D.O. approved the d~velopmant of a
260-room motel, 40,000 square feet of office space, 120,000 square feet of retail space and
680 residential units_ The project also included a golf course, conservation areas, a water
management system and internal roadways. The entire development comprised
approximately 200 acres,
On April 6. 1990, the Florida Department of Community Affairs (DCA) appealed the Collier
County Development Order for The Regency Village of Naples over concerns regarding thc
DRI's traffic mitigation requirements. The Southwest Flodda Regional Planning Council
(SWFRPC) intervened in the appeal proceedings. The First Amendment to the Development
Order for The Regency Village of Naples (Development Order #90-7/Resolution g90-505)
was approved by the Collier County Board of County Commissioners on O, tober 23, 1990.
The amendment incorporal:ed the terms of the Settlement Agreement between DCA and
Collier County. The amendment did not alter the approved development parameters for the
DRI.
The Second Amcndmenc to the Development Order for The Regency Village of Naple.q
(Development{ Order #05-4/Resolution #95457) was approved by the Collier County Board
of County Commissioners on August 8, 1995. The amendment extended
commencement, phasing, buildour and terminal'ion dates of the D.O, by five years less one
day. As a result, physical development was required m commence by October 22, 21300, and
the effective termination dar,: for the development order became October 22, 2002. No other
changes were made to the D.O.
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P. 03
..
On October 22, 1996, thc Collier County Board of County Commissioners approved
Ordinance//¢96-65, This Ordinance was the D~velopment Order for the "Pelical) Strand"
DRI. The Pelican Strand Development was a substantial deviation to the original ~gency
Village DRI. The substantial deviation application requested approval of an ~xpansion ~f
the original DRI by ~o~a fl~an 375 ~s. While the primaW development paramete~ did
change, acreage available ?or all uses iac~ased. Additionally, I t I acres were reserved for
"Future De-elopmenffOpe~n Space".
On July 22, 1997, the Collier County BOard of County Commis~ioner,q approved
Development Order #07-3/Resolution #97-295, the First Development Ord~=r Amendment
for the Pelican Strand DR];. The amendment made the following changes:
a. The number of approved motel rooms was reduced from 260 to 140.
The amount of approved office space, was increased fi'om 40,000 square feet to
80,000 square feet.
The number of approwd residential units was incrc~.s=d from 6I/0 to !,200.
Acreage allotted to the golf course, conservatio~n areas, water managem,--nt and
internal roadways was increased.
Development Order Conditions related to Solid Wast~I-Iazardous Waste/Medical
Waa£e, Transportation, and Vegetation And Wildlife/Wetlands were am~.nded.
Attachment II shows the currently approved Ma~t~-r Development Plan for the Pelican Strand/The
Strand DRI.
Proposed Cl~.an~es:
Tho aurrent Notice of Proposed Change (NOPC) for The Strand D~velopment of Regional Impact
(DR0 was submitted on October 19, 200 I. The applicant, Mr. Paul Hardy, is the Developer ~f Th~
S~rand, The applicant is proposing to change Item #4 of Section One ("Findings of Fact") of ~he
existing Pelican Strand Developm~mt O~xler. The amended language would read as follows:
"The applicant proposes tl~e development of Pelican Strand Planned Unit Development for
574.6 aer~$, which include.s; 30 acres of commercial uses which may also include 120
rcsi,dential .u_nits on 5.6 a. cres in l,i,e,u of a to !ne!-.:dc-= I40 room motel at the_option gf the
deva.!,o~_er on Tract CT_l_, 8{3,000 square feet of office commercial, and 120,000 square feet
of retail commercial;-[a3oO J,, 160 residential dwelling units on 167.8 acres or o. rL173.4 acres
ill 20 dwelling units a,,r~ de!veloped in the cor0mercial area in lieu of 140 rrlOt;a.]_ room::; an
1 g-hole golf course and buffets on 203.3 acra~; $i2.8 acres of conservation areas; 73.7 acres
of lakes for water managem,:nt; and 26.3 acres of roads. (See attached PUD_Master Phm.)"
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P. 04
According to the applicant's agenq the proposed changes would accomplish the following:
The number of residential ,anita would be decreased from 1,200 to 1,160. This would reduce
thc gross residential density of The Strand from 2.2 units per acm to 2.02 units per acre.
The applican~ would be allowed, depending on market demand, £o construct 120 residential
units within the designated commercial area, in lieu of the 140 motel rooms. This change.
if it occurred, would increase residential acreage and reduce commercial acreage.
~
The proposed changes could result in either one of two scenarios concerning the project's
approvext land uses. These scenarios, as well as the currently approved land uses, are shown
in the ~,,ble below.
Scene rios Multi- Sin glo Retail O Ftlce Mo tel
Family Family
Current g 15 385 120,000 80,000 140
1 775 385 120,000 80,000 140
2 775 385 120,0(]0 8O,OOO 0
Thus, either scenario would result in a decreased number of residential units. Scenario 2 would
involve deletion of the proposed motel rooms. Neither scenario would affect the approved amounts
of retail and office space.
^£tachmcnt m shows the proposed Master Development Plan for The Strand Development of
Regional Impact. The only difference between Attachments II and I'Lt is the hatched area at the
southern end of the map on Attachment Iii.
Re~,ion~,LStaf'f Analysis'
The proposed changes to The Strand DRI fall under Section 380.06(19)(e)3., Florida_S_tatutes, whioh
reads, in part, as follows:
"...any addition of land not previously reviewed or any change not specified in paragraph ih)
or paragraph (c) shall be pn:sumed to create a substantial deviation. This presumption may
be rebutted by clear and convincing evidence".
The referenced proposed changes would be considered as an example of a "change not specified"
under the requirements of this section. Therefore, the applicant is required to rebut the presumption.
Character, MagpmiltUde, Location:
The proposed changes could slightly alter the character of the DRI, depending UpOn whether the
motel rooms are ultimately built or not. Thc proposed changes would d~crease the magnitude of the
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P. 05
DRI, clue to loss of some residential units. The magnkude decrease could become significant if the
motel rooms are not built. The lozation of th- proje~.r, will not change.
_Regional Goals, Resources a_n.d F~tcilitie~
The only Regional Goal area offer:ted by the proposed changes is transportation.
Trans@ortattorl:
The applicant's transportation c:onsulr.nt has ~ubmitted a transportation analysis report in
conjunction with submittal of the NOPC. The purpose o[ the analysis is to show thac the proposed
changes will cause a reduction in trffric impacts as compared to the currently approved development.
The incorporation of multi-family ,lacs into the commemial activity center has the potential to result
in a more viable mix of land u~,s ti'mn that currently approved. The proposed mix of residential and
commercial land uses will not significantly affect the project's internal trip capture rate. However,
mixing of residential and commemial uses is consistent with a goal in the Collier County Future
Land Use Element that encourages the placing of residential uses within commercial activity centers.
Scenario 1:
Scenario I calls for the reduction of multi-family units by 40 units (from 815 [o 775). As ~hown in
the transportation analysis submit'ted by the applicant's consultant, Scenario I reduces the DRI's
overall P.M. Peak Hour trip generation by approximately 1%. Therefore, Scenario t would not
create any significant adv~r.~e imp. acts to the Collier County roadway network.
Scenario
Scenario 2 includes the reductioq in multi-family units as well ~s deletion of the motel rooms. As
shown in the transportation analysis report, Scenario 2 reduces £he overall P.M. Peak Hour trip
generation by approximately g%. Therefore, no significant adverse traffic impacts to the external
roadway network can be expected from this SCenario.
Regional ,taft finds that the propmed land use changes, regardless of the scenario actually chosen
by the applicant, do not create a iik~lihood of additional regional transportation impacts. The revised
development parameters, once egg.in regardless o~' the scenario actually followed, appear to result
in only negligible changes to net new external trips from thc DRI. The,'efore, from the standpoint
of traffic impacts, the proposed changes would not resuk in a substantial devmtion.
M--ultijurisdictional lssu.es~2
There appear to be no multijurisdk:£ional issues resultihg from the proposed changes.
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For Reasse~;sment Of The DRY:
Regional staff believes that the proposed changes would not n=cesska[e the reassessment of The
Strand Development of Regional Impact.
Acceptance Of Proposed D.O. L~an~:uaee:
In addition to the language: review,:d by staff as par~ of this NOPC, the applicant has also submitted
revised PUD language to Collier County staff. Provided that County staff finds the revised PUD
~anguage acceptable, Regional staff recommends acceptance of the proposed development order
language.
RECOMMENDED ACTIONS: ].
Notify Colli:r County, the Florida Department of
Community Affairs and the applicant that th=
proposed changes cio not appear to create additional
r~gional impacts,
Request that Collier County provide SWFRPC staff
with copies of any development order amendments
and or o[har approvals r~lated to the proposed
changes,
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SWFRPC
P. 07
LEE COLIN;'""
£OLt_IER CC
ATTACHMENT I
GENERAL LOCATION MAP
PELICAN STRAND, DRI
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'(]21 339V>IOPIPII
Exhibit "B
8~