Resolution 2000-155 DO 2000-02
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DEVELOPMENT ORDER 2000-03
RESOLUTION NO. 2000 -15 5
A RESOLUTION AMENDING DEVELOPMENT ORDER 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 ACRES
ATTRIBUTABLE TO GOLF COURSE, OPEN SPACE AND
RESIDENTIAL DEVELOPMENT AND AMENDING THE MASTER
PLAN AND LEGAL DESCRIPTION TO ACCOUNT FOR THE
ADDED LAND AREA; 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 forinerly 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, "aide Cypress" through its authorized agent, has filled its application and notice of
proposed change 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, 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. 0< ~-3 7
on /J;~~.l~
, which had the effect of amending the PUD zoning district for the aIde
Cypress development previously approved in Ordinance No. 99-27; and
WHEREAS, on "-J'1~2.J( .lHICI , 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
Words struek thrS\!gh are deleted; words underlined are added.
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County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida
Regional Planning Council, 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 DRI is hereby amended to read as follows:
4. 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 528.8 538.1 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 152.5
155.2 acres, approximately 176.2 acres of preservation area, and approximately
!5!.7 168.3 acres of lakes, open 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.
SECTION TWO: FINDINGS OF FACT
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.
The application is in accordance with Section 380.06(19), Florida Statutes.
The applicant submitted to the County a Notice of Change to previously approved DRI
known as Exhibit C, and by reference made a part hereof.
The applicant proposes the development of Olde Cypress on 538.1 acres of land for
residential/golf course and commercial development described in Development Order 86-
01, as amended.
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.
Words st.-'a:~x t.~:zugh are deleted; words underlined are added.
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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, 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 Change to a previously approved DRI, Exhibit C,
attached hereto and by references made a part hereof.
B. The proposed changes to the previously approved Development Order fall within the
parameters for extensions of buildout pursuant to Subsection 380.06(1)( e )2., 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) (e)2., Florida Statutes.
SECTION FOUR:
A. Except as amended hereby, Development Order 86-01 shall remain in full force and effect,
binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order No~t:~oO.~ 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 struck t~:augk are deleted; words underlined are added.
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This Resolution adopted after motion, second and majority vote.
Done this ~tO~/t~ day of "~ ~ ,2000.
Attest as to Chairman's
signature onl).
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and Legal Sufficiency
BOARD OF CO~.L~MISSIONERS
COLLIE~:~K/NTY, FLORIDA
Ma~'j ;r~l~I7 Student -
Assistant County Attorney
g/admin/DOA-86-0 l/RN/im
Words ~"'~' *~' .....~' are deleted; words underlined are added.
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EXHIBIT "A"
Exhibit
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Preserwng ar~l ennanc~ng F7onda's aua/ity of life since 1966
HOLE. MONTES &ASSOCtATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT #1997076
REF. DWGS. #A-1026 & #A-1091
4/14/99
PROPERTY DESCRIPTION
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY
CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS
LOCATED IN SAID SECTION 21, El12-SW114-NW1/4, W1/2-SE1/4-NW1/4,
W1/2-SE1/4-SE1/4, W1/2-W1/2-SW1/4-SE1/4, SE1/4-SW1/4, E1/2-W1/2-SW1/4-SW1/4,
E1/2-SW1/4-SW1/4.
AND
THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2.2,TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO
AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE
WEST 30 FEET THEREOF.
AND
THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO
AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE
WEST 30 FEET THEREOF.
AND
THE SW 114 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO
AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY .OVER AND ACROSS THE
WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF
PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD.
THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMAS J. GARRIS
P.L.S. # 3741
STATE OF FLORIDA
EXHIBIT "B"
1(:~..~3 A~=-'RNATHY STREET E~ONITA ,.~:q~ll'~K~. FLORIDA 34135 941-~2.-O79~ FAX
Preserving ana enhancing Flonda's aual~ty of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT # 1998060
REF. DWG. A-1170
11/17/99
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LEGAL DESCRIPTION:
THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
, THOMAS M. MURPHY
P.S.M. # 5628
STATE OF FLORIDA
10~3 AI~I=INATH~ STR~T BONITA SPRINGS. FLORIDA 34135 941-g"32-O795 FAX 941-992-2327
FORM RPM-BSP-PROCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
(904) 4884925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY 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.
I, Robert L. Duane, the undersigned owners/authorized representative of Olde Cypress
Development, LTD., a Florida Limited Parmership, hereby give notice of a proposed
change to a previously approved Development of Regional Impact in accordance with
Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following
information concerning the Woodlands DRI now to be known as Olde Cypress
Development of Regional Impact, which information is true and correct to the best of my
knowledge. I have submitted today, under separate cover, copies of this completed
notification to Collier County, to the Southwest Florida Regional Planning Council, and
to the Bureau of Local Planning, Department of Community Affairs.
Date
Signature
Signature
EXHIBIT "C"
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Applicant (name, address, phone).
RESPONSE:
1201
Mr. Paul Hardy
The Strand
5645 Strand Blvd.
Suite 3
Naples, Florida 34110-7300
Authorized Agent (name, address, phone)
RESPONSE:
Robert L. Duane, AICP
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, Florida 34102
Tel. (941) 262-4617
Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
RESPONSE:
The Olde Cypress DRI is located in Sections 21 and 22, Township 48 South, Range 25 East.
The lands to be added comprise +9.3 acres and are located along the near eastern extremity of
Olde Cypress. (See Location Map Exhibit #7.)
Provide a complete description of the proposed change. Include any proposed changes
to the plan of development, phasing, additional lands, commencement date, buildout
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.
RESPONSE:
The proposed Notice of Change is to add ±9.3 acres for a Golf Course Driving Range along
the near Eastern extremity of the project in Section 21, Range 25 East, Township 48 South.
The request is also to designate the currently existing golf course driving range adjacent to the
Club House as Residential "R" on the proposed Map H, and the "target" area for the golf
course driving range also will be designated "R".
In summary, the size of the Golf Course / Open Space area depicted on Map H for the project
as a whole will increase from 161.7 acres to acres to 168.3 acres, including lakes. The
Residential Area will increase from 152.5 acres to 155.2 acres as noted in the attached cover
letter. There is no increase in the number of dwelling units, or commercial floor area and no
change to the phasing schedule, commencement date or build-out date.
approved in the development. If no change is proposed or has occurred, indicate no
change.
RESPONSE:
Changes are proposed for only the following land use types listed in the Substantial Deviation
Chart:
Residential and Open Space
The following page is a completed substantial deviation chart for Residential and Open Space
lands to be added in 2000. A Substantial Deviation Chart is also provided for the 1996
changes.
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 government, and provide a brief description of the
previous changes (i.e., any information 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?
RESPONSE:
There have been five (5) Development Order Amendments adopted by Collier County since
the original Woodland's DRI Development Order (DO 86-1) was issued on November 6,
1986. The following is a description of the five (5) DO Amendments:
\~6,LR2\WP~1998\1998152~d~lanumy PUD - NOC - Driving Rangc~,ESPONSES12-09.doc
~<
z z z
(1)
(2)
(3)
(4)
(5)
Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7) and
(8), Transportation, to clarify responsibilities of 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;
Resolution Number 87-207 adopted September 15, 1987, amending Section A(4),
findings of fact, to state a maximum square footage of permitted commercial retail
development and to increase the total acreage of preservation areas and to set forth 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 Collier
County to resolve appeals of the original Woodland's DRI Development Order to the
Florida Land and Water Adjudieatory Commission taken by the Florida Department of
Community Affairs and the Southwest Florida Regional Planning Council. The
Woodland's DRI Development Order became effective on November 7, 1990, the date
on which the Florida Land and Water Adjudicatory Commission issued its Final Order
of Dismissal of the appeal.
Resolution Number 94-774 adopted November 1, 1994, extended The Woodland's
DRI commencement date and the buildout/termination date by four (4) years, eleven
(11) months or until October 7, 2000, and October 7, 2015, respectively.
Collier County remains the local government with jurisdiction over all portions of the
Olde Cypress DRI.
On October 22, 1996, the BCC amended the Development Order with Resolution 96-
482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a
reduction of the commercial use from 200,000 S.F. to 165,000 S.F. and miscellaneous
changes to the plan resulting solely from permitting requirements of the South Florida
Water Management District. Also, the Right-of-way Reservation on the East side of
the Woodlands was eliminated. Miscellaneous changes were also made to
drainage/water quality, transportation, vegetation and wildlife, weftands, consistency
with the comprehensive plan and fire by the deletion thereof.
In December 1999, 28.69 acres were added to the eastern edge of Olde Cypress in
Section 22. Lands to be added included a 2.1-acre Archeological Preserve Area.
Standards were also incorporated into the Development Order to provide protection
for archeological resources. The gross density was also reduced from 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.
\~e~LR2\WIA1998\1998152~chJanuary PUD -NOC - Driving Rangc'xRESPONSES 12-99.doc
11.
12.
10.
1201
Describe any lands purchased or optioned within 1/4 mile of the original DRI 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 1/2 mile on a
project master site plan or other map.
RESPONSE:
No additional lands have been purchased or optioned by the Applicant within one quarter
(1/4) mile of the original DRI other than lands that were added to the 1999 Notice of Change
which comprised the 28.68 acres along the far eastern extremity of Olde Cypress.
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), Florida Statutes.
RESPONSE:
The proposed change does not exceed forty percent (40%) (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes.
Do you believe this Notification of Change proposes a change which meets the criteria of
subparagraph 380.06(19)(3)2, Florida Statutes?
Yes No X
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.
RESPONSE:
No change is proposed to the build-out date or to project phasing date of the project.
Will the proposed change require an amendment to the local government
comprehensive plan?
RESPONSE:
The proposed change will not require an amendment to the local comprehensive plan.
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida
Administrative Code:
An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or development
order conditions.
RESPONSE:
The exisfmg Map H is attached as Exhibit 1 and the proposed Master Plan, Map H, is attached
as Exhibit 2 depicting the proposed changes.
W:\1998\1998152~ciLlnnuary PUD - NOC - Driving Rangcqt.ESPONSESI2-99.doc
13.
12Ci
Pursuant to Subsection 380.06(19)(0, Florida Statutes, 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:
Ae
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 !and 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;
RESPONSE:
See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to
Collier County Development Order (Exhibit 8).
aJ
An updated legal description of the property, if any project acreage is/has been
added or deleted to the previously approved plan of development;
RESPONSE:
See revised legal description attached to Development Order.
Ce
A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
RESPONSE:
No change.
De
A proposed amended development order termination date that reasonably
reflects the time required to complete the development;
RESPONSE:
No change.
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;
Fe
RESPONSE:
No change.
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 9J-2.025 (7), F.A.C.
RESPONSE:
No change.
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