Resolution 2002-507
Be
DEVELOPMENT ORDER 02-...Q..L
RESOLUTION NO. 02 --5.07
A RESOLUTION AMENDING DEVELOPMENT ORDER
NUMBER 95-1, AS AMENDED, FOR THE PELICAN
MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI)
BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO
THE FINDINGS OF FACT SECTION TO REFLECT AN
INCREASE IN THE SQUARE FOOTAGE OF MEDICAL
OFFICE USES AND TO CORRECT THE OMMISSION OF
THE TERM "OFFICE USES" FROM THE FINDINGS OF
FACT SECTION; 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, WCI Communities, Inc., filed on November 30, 1993, with the County of
Collier an Application for Development Approval (ADA) of a Development of Regional
Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06 (6),
Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on
January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
several subsequent amendments to the Development Order since January 24, 1995 to the
present; and
WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., with
the concurrence of WCI Communities, Inc., desire to make certain revisions to the plan of
development and Development Order for the Pelican Marsh Community and to make certain
changes to the development approved herein; and
WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc.,
through their authorized agent, have filed their application and notification of a proposed
change to Development Order 95-1, 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 ofthe
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
Marsh Community DRI Development Order 95-1, as amended; and
Words slAlllk lIUQWllR are deleted; words l!!lllIlII!lIst are added
WHEREAS, the Collier County Board of Commissioners passed Ordinance No.
02-71on December 17 ,2002, which has the effect of amending the PUD Zoning District
for the Pelican Marsh Community previously approved in Ordinance No. 99-90; and
WHEREAS onDecember 1 7 2002, the Board of County Commissioners, at a public
hearing in accordance with Section 380.06, Florida Statutes, having considered the J.E.D. of
Southwest Florida, Inc. and Colony Corporate Centre, Inc., application and notice of proposed
changes to the Pelican Marsh Community Development Order 95-1, 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
recommendation 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 4 of the Findings of Fact Section of the Development Order 95-1, as
amended (Resolution 95-71, as amended), for the Pelican Marsh Community DRI is
hereby amended to read as follows:
4. The applicant proposes the development of the Pelican Marsh Community
consisting of 2213.6+ acres, as depicted in the Master Plan, Map "H3", attached as
Exhibit "D". Pelican Marsh includes 80 acres of "activity center" use which will
contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of
retail commercial use; up to 295,800 square feet of GFA of office commercial uses,
with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh
Community will contain a maxium of 4,800 residential dwelling units; 72 holes of golf
and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L
easement); 114.2 acres of open space; and a 20 acre school site.
SECTION TWO: FINDINGS OF FACT
A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3",
Master Plan, which is marked Exhibit "D", attached hereto and incorporated by
reference herein.
Words $t.-,2'~~. thrcuGh are deleted; words underlined are added
B. The application is on accordance with Section 380.06(19), Florida Statutes.
C. The development of Pelican Marsh Community on 2213.6+ 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 Concem
pursuant to the provisions of Section 380.06, Florida Statutes.
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 Statutes.
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
consitent 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 95-1, as amended, shall remain in
full force and effect, binding in 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 with it.
B. Copies of the Development Order No. 02- 0 4, 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.
Words stru~~. through are deleted; words underlined are added
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 [t~4~ day of ~~0.~ ,2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B Y:
JAI~ES N. COLETTA, CHAIRMAN
z-19-02.
ATTEST:,
D WIGU'I~'.I!,;.~, 1~. O~9K, CLERK
si'g It iT'onlI.
Approved as to Form and Legal Sufficiency
Marjori~I. 'Student 4
Assistant Cotmty Attorney
DOA-2002-AR-2567/RB/am/sp
Words ctr,_'~ thro'--'gh are deleted; words underlined are added
Agenda Item #3.(a) 1.
PELICAN MARSH
NOTICE OF PROPOSED CHANGE
Background
The Collier County Board of County Commissioners approved the Pelican Marsh DRI on
January 24, 1995 (DO 95-1). The original project approval was a multi-use development;
approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square
feet of general office space, 100,000 gross square feet of medical office space, 280 hotel rooms,
5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400
parking spaces. The development as originally approved also contains 36 golf courses holes, 294
acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in
northwestern Collier County as shown on Attachment I.
Previous Changes
· On September 26, 1995, the Collier County Commission approved Development Order
95-5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent
property owner to the north. This resulted in the exchange of approximately 9 acres of
land from each landowner to the other, with the net result being an increase of one acre to
the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette-
Frank Road on the east.
· An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of
dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and
150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were
also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to
330.4 acres and the amount of miscellaneous opens space increased from 59 acres to
114.2 acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course
clubhouses or other approved buildings as onsite hurricane shelters, Collier County
Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh
Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter
space mitigation requirement.
The second NOPC approved in earlier 1999 (DO 99-2) included the following (WCI
Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to
reflected changes in the previously approved land uses and to refine the approved
development plan. To accommodate market conditions and to negate any increase in
additional regional impacts the following changes were approved:
o the leasable retail commercial increased by 50,000 square feet (adding 57,500
square feet of (GFA);
o hotel rooms were increased by 50 for a total of 450 rooms; and
o 25,000 square feet decreased medical office.
The third NOPC approved on December 14, 1999 (DO 99-6) contained the following
changes:
o added 141.6 acres of land bring total DRI size to 2,213.6 acres;
o added 9 holes of golf, resulting in a total of 72 holes which increased the golf
course acreage from 578.8 to 642.4 acres;
o reducing the residential units by 100 for a total of 4,800 units;
o eliminate the 80,000 square foot cultural center within the Activity Center;
o decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet
(GFA);
o increase office uses by 120,800 square feet (GFA) to a total of 295,800 square feet
(GFA); and
o increase the conservation area by 30 acres.
Proposed Changes
The applicant (J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre) is proposing to
increase the allowable medical office by 17,000 square feet (GFA) for a new total of 26,000
square feet. However, this change will not increase the total amount of office commercial, which
based on the last DO amendment is now 295,800 square feet (GFA). Also, proposed is to correct
a scrivener's error in the last DO amendment by eliminating a conflict in the language between
the PUD document and the DO. The current DO does not properly reflect the current ceiling on
medical office at 9,000 square feet.
The two proposed changes are classified as Chapter 380.06(19)(e)3. because it is a "change not
specified in paragraph (b) or paragraph (c)" and "shall be presumed to create a substantial
deviation. This presumption may be rebutted by clear and convincing evidence."
Character, Magnitude, Location
The proposed changes will not affect the character or magnitude of the project because the total
amount of office is not increasing, just the type of office. Also, compared to the original DO
approval for office space the amount of office is still 54,200 square feet less than analyzed in the
application for development approval (ADA). The location of the DRI is unaffected by the
proposed changes.
Regional Resources and Facilities
Regional roadways would be the only facility potential affected by the change. According to the
NOPC the increased medical office from the last DO amendment, which allowed for a total of
9,000 square feet will increase the daily external trips by only 1.2%, or 464 trips. The PM peak
hour external trips will increase by only 0.9% or 30 trips. However, as mentioned above
compared to the original ADA traffic analysis the overall trips are significantly less because
54,200 square feet have reduced the office space and the medical office with this change will be
74,000 square feet less. No additional regional resources impacts will be affected by these
changes.
Multi-jurisdictional Issues
There are no multi-jurisdictional impacts related to the proposed changes.
Need For Reassessment Of The DRI
Based on staff review we have concluded that the NOPC has provided sufficient evidence to
rebut the presumption of a substantial deviation as allow for in Chapter 380.06(19)(e)3.
Furthermore, staff has concluded in accordance with Chapter 380.06(19)(a) F.S. that the
proposed changes do not "create a reasonable likelihood of additional regional impacts, or any
type of regional impact not previously reviewed by the regional planning agency." Therefore,
there will be no need to reassess the regional impacts of the projects."
Acceptance Of Proposed D.O. Language
The proposed development order amendment language contained within the NOPC is acceptable
to staff to address the proposed changes.
RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of'
Community Affairs (DCA) and the applicant that
the proposed changes do not create additional
regional impacts or any regional impacts not
previously reviewed by the regional planning
council, and the Council participation at the local
public hearing is not necessary, unless requested by
the County for technical assistance purposes.
2. Request Collier County provide a copy of the
proposed DO amendment to the Council to assure
that it is consistent with the NOPC.
6/O2
EXHIBIT I