Resolution 1989-077A
MARCH 28, 1989
RESOLUTION 89- 77A
RESOLUTION AMENDING THE PELICAN BAY
DEVELOPMENT ORDER 77-1; BY PROVIDING FOR A
SUBSTANTIAL DEVIATION TO THE ORIGINAL
DEVELOPMENT ORDER TO INCREASE THE COKMERCIAL
SQUARE FOOTAGE TO 1,095,000 SQUARE FEET OF
GROSS BUILDING AREA; SPECIFYING CONDITIONS
APPLICABLE TO THE SUBSTANTIAL DEVIATION
PROJECT.
WHEREAS, Byron Koste, President of Westinghouse Communities
of Naples Inc. petitioned the Board of County Commissioners of
Collier County, Florida, to amend the Pelican Bay Development Order
(77-1) ~ and
WHEREAS, the petitioner has requested that the authorized
commercial square footage be increased by 337,966 square feet to
1,095,000 total square feet of gross building area within the Area
Commercial District and Community Commercial District identified
on the Pelican Bay Planned Unit Development (PUD) Master Plan; and
WHEREAS, the development proposal for the increased square
footage has been determined to be a substantial deviation from the
originally approved Development Order according to Chapter
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 two public
hearings on the Application for Development Approval on December 1,
1988 and March 16, 1989~ 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 held two public hearings on
the Application for Development Approval on January 3, 1989 and
March 28, 1989;
NOW, THEREFORE BE IT RESOLVED, by the Board of County
Commissioners of Collier County, Florida that:
SECTION ONE:
The Pelican Bay Development Order is hereby amended.by adding
the following:
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MARCH 28, 1989
Subsection IX Increase in commercial Square Footage.
The Pelican Bay Development Order authorized 350,000 gross
leasable square footage of office use and 310,000 gross leasable
square footage of retail use as identified in the Application for
Development Approval. The 350,000 gross leasable square footage
is converted to 430,718 square feet of gross building area for
office space.
The retail space is converted from 310,000 gross
leasable square footage to 326,316 square feet of gross building
area.
The total commercial square footage authorized by
Development Order 77-1 is 757,034 gross building 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 section Three) consisting of a maximum of
435,000 square feet of gross building area for retail space and a
maximum of 945,000 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 is referred to as the
Substantial Deviation Project. A maximum of 640,400 square feet
of commercial gross building area (containing a maximum of 285,000
square feet of retail) shall be constructed in the Area (South)
commercial District.
A maximum of 454,600 square feet of
commercial gross building area (consisting of 304,600 square feet
of office and 150,000 square feet of retail) shall be constructed
in the Community (North) Commercial District (subject to the
provisions of section Three).
contingent upon adoption of the
rezoning ordinance(s) specified in section Three A. of this
Resolution, all commercial square footage authorized by Development
Order 77-1 for the Neighborhood Commercial District is hereby
reallocated to the Community commercial District as part of the
454,600 square feet. The phasing of all cO'lllllercial square footage
is addressed in section Two E.4. 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
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otherwise specified, all square footage references are to gross
building area.
SECTION TWO:
The Pelican Bay Development Order is further amended by adding
the following:
Subsection X Conditions applicable to the Substantial
Deviation Project.
A. Solid Waste
1. The applicant and subsequent tenants of the
proj ect shall investigate methods of reducing solid waste
volumes at the project.
2. The applicant and subsequent tenants of the
project shall identify the proper on-site handling and
temporary storage procedures for any hazardous waste that
may be generated on site, in accordance with local,
regional, stata and federal hazardous waste programs.
B. Wastewater Management
1. If any portions of the projects are found to
be hazardous wastewater generators, the applicant and
subsequent tenants must provide assurance that hazardous
wastewater will be segregated from everyday wastewater
and handled in accordance with Florida Department of
Environmental Regulation (FDER) criteria.
c. Water supply
1. The applicant shall consider the utilization
of "xeriscape" in the final landscape design for this
project. This design application should help to further
reduce irrigation requirements for this DRI.
2. The applicant shall incorporate the use of
water conserving devices, as required by state Law
(Chapter 553.14, Florida statutes). No irrigation on the
property site after the establishment of landscaping
should be permitted between 9:00 a.m. and 5:00 p.m., as
a water conservation best management practice.
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D. Energy
Existing deed restrictions contain a desiqn review
process. As to dlo1velopment of the substantial deviation
project, said design review process shall incorporate, where
appropriate in saving energy, the appropriate conservation
features below, in order to mitigate the energy impacts of the
proposed project. The County may, when appropriate in saving
energy, impose any of the following as a buildinq permit
condition for development in the substantial deviation
project.
1. provision for a bicycle/pedestrian system
connecting all land uses, to be placed alonq arterial and
collector roads within the project. This system is to
be consistent with applicable local requirements.
2. provision of bicycle racks or storage
facilities.
3. Cooperation in the locating of bus stops,
shelter and other passenger and system accommodations for
a transit systems to serve the project area.
4. Use of energy-efficient features in window
design (e.g., :inting and exterior shading).
5. Use of ceiling fans.
6. Installation of energy-efficient appliances and
equipment.
7. Prohibition of deed restrictions or covenants
that would prevent or unnecessarily hamper energy
conservation efforts (e.g., buildinq orientation).
8. Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots, and other
areas to reduce local air temperatures and reflected
light and heat.
9. Installation of energy. 'efficient lighting for
streets, parkinq areas and other interior and exterior
public areas.
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MARCH 28, 1989
10. Use of water closets with a maximum flush of
3.5 gallons and faucets with a maximum flow rate of 3.0
gallons per minute (at 60 pounds of pressure per square
inch) as specified in the Water Conservation Act, Chapter
553.14, Florida statutes.
11. Selection of native plants, trees, and other
vegetation and landscape design features that reduce
requirements for water, fertilizer, maintenance, and
other needs.
12. Planting of native shade trees to provide
reasonable shade for all streets and parking areas.
13. Placement of trees to provide needed share in
the warmer months while not overly reducing the benefits
of sunlight in the cooler months.
14. Orientation of structures, as possible, to
reduce solar heat gain by walls and to utilize the
natural cooling effects of the wind.
15. Prov is ion of
structural
shading
(e.9.,
trellises, awnings and roof overhangs) wherever practical
when natural shading cannot be used effectively.
16. Consideration by the project architectural
review committee (s) of energy conservation measures (both
those noted here and others) to assist builders and
commercial tenants in their efforts to achieve greater
efficiency in the development.
E. Transportation
1. The applicant shall be fully responsible for
site-related roadway and intersection improvements
required within the Pelican Bay Substantial Deviation
proj ect. The applicant shall be required to pay the full
cost for any intersection improvements (including, but
not limited to, signalization, tu,':n lanes, and additional
through lanes) found to be necessary to maintain peak
season/peak hours LOS "DII by Collier county or the
Florida Department of Transportation as appropriate, for
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MARCH 28, 1989
the substantial deviation project's access intersections
throughout all phases of the development.
2. Adequate commitments are being provided by the
applicant, local or state government for the necessary
standard transportation improvements, including design
and engineering,
utility relocation,
right-of-way
acquisition,
construction,
construction
contract
administration, and construction inspection necessary to
maintain peak season/peak hour LOS "D" for the impacts
of the substantial deviation project as indicated in
Table B-4 of the SWFRPC assessment to the following
regional and local roadways through project buildout in
2014 :
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Bonita Beach Road (CR 865) to Collier County
line (Lee County)
Collier County line to Old 41 Road (South)
Old 41 Road (South) to Immokalee Road
Immokalee Road to Vanderbilt Beach Road
Vanderbilt Beach Road to Pine Ridge Road
pine Ridge Road to Golden Gate Parkway
5th Avenue South to Goodlette Road
Goodlette Road to East of Davis Boulevard
(SR 84)
Immokalee Road (CR 865)
US 41 to Airport-pulling Road
Airport-pUlling Road to 1-75
Pine Ridqe Road (CR 896)
Goodlette-Frank Road to Airport-pUlling Road
Airport-Pulling Road to I-75
I-75 to Santa Barbara Boulevard
Airoort-Pullinq Road (CR 31)
Pine Ridge Road to Golden Gate Parkway
Golden Gate Parkway to Radio Road
Vanderbilt ,Drive (CR 901)
111th Avenue North to Vanderbilt Beach Road
Vanderbilt Beach Road (CR 8~
US 41 to Goodlette-Frank Road
Goodlette-Frank Road to Airport-Pulling Road
Airport-Pulling Road to I-75
Goodlette-Frank Road
Immokalee Road to Vanderbilt Beach Road
Vanderbilt Beach Road to pine Ridge Road
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3. Adequate commitments are being provided by the
applicant, local or state government for the necessary
facilities, including, but not limited to, right-of-way,
cost of signalization, turn lanes, and other improvements
(deemed necessary by the city of Naples, Collier county
and/or the Florida Department of Transportation, as
appropriate), to mitigate the impacts of the Substantial
Deviation Project and to maintain level of service "D"
on a peak season/peak hour basis for the intersections
of the above-listed road segments with other arterials
and major collectors shall be required through project
buildout. These impacted lntersections include:
US 41 at Davis Boulevard (SR 84)
US 41 at Goodlette Road
US 41 at 5th Avenue South
Golden Gate Parkway at Airport Road
Golden Gate Parkway at Goodlette Road
US 41 at Golden Gate Parkway
pine Ridge Road at I-75 east and west ramps
pine Ridge Road at Airport Road
Pine Ridge Road at Goodlette-Frank Road
US 41 at pine Ridge Road
US 41 at Vanderbilt Beach Road
Immokalee Road at I-75 east ramps
US 41 at Immokalee Road
US 41 at Old 41 (CR 887 South)
4. The applicant shall fully mitigate the impacts
of the Substantial Deviation Project on regional
transportation facilities by providing the necessary
funding to increase the number of lanes from four (4) to
six (6) lanes on US 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'
Policy
Rule,
9J-2.0255,
Florida
Transportation
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
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MARCH 28, 1989
Deviation
Project
on
the
regional
transportation facilities by reducinq the number of
residential units allowed in Pelican Bay as set forth in
Section Four hereof.
The applicant shall be sub:) ect to the followinq
phasing schedule:
Phase I
Phase II
Phase III-
Phase IV
The applicant may develop 478,400 square
feet of commercial in the Area (South)
Commercial District, containing a maximum
of 123,000 square feet of retail
commercial and a maximum of 227,000 square
feet of office in the Community (North)
Commercial District.
When an adequate commitment for funding
two additional lanes to US 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, containinq a maximum of
122,000 square feet of 'retail commercial
in the Are, (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 Distri~t.
When an adequate commitment
to increase the number of lanea,,()n US~4,1
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from Gulf Park Drive to Vanderbilt Beach
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Road from 4 to 6 lanes has been made by
governmental or private entities, or a
combination thereof, applicant will be
allowed to develop an additional 77,600
square feet of office and an additional
150,000 square feet of retail commercial
in the Community (North) Commercial
District. Adequate commitment shall mean
a commitment that would satisfy the
requirements of the Concurrency Management
System of the County's Comprehensive Plan.
F. General Considerations
1. All commitments and impacts mitigating actions
provided by. the applicant within the Application for
Development Approval (and supplementary documents) that
are not in conflict with specific conditions f.or project
approval outlined above are officially adopted as
conditions for approval.
2. The developer shall submit an annual report on
the development of regional impact to Collier County, the
Southwest Florida Regional Planning Council, the
Department of Community Affairs and all affected permit
agencies as required in Subsection 380.06(18), Florida
Statutes.
3. If development order conditions and applicant
commitments incorporated within the development order to
mitigate regional impacts, are not carried out as
indicated to the extent or in accordance with the timin9
schedules specified within the Development Order and the
phasing schedule specified within the Development Order,
then such occurrence shall be presumed to be a
substantial deviation for the af~ected r.gionalissue.
4. The development shall satisfy the requirements
of any ordinance, which also requires other developments
not subject to Chapter 380.06, Florida statutes
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MARCH 28, 1989
participate,
procedures
to
to
contribute
proportionate share needed to accommodate the impacts or
the development~ or
5. Pursuant to Chapter 380.06(16), the applicant
may be subject to credit for contributions, construction,
expansion or acquisition or public facilities, if the
developer is also subject by local ordinance to impact
fees or exC\ctions to meet the same needs.. The local
government and the developer may enter into a capital
contribution front-ending agreement to reimburse the
developer for voluntary contributions in excess or his
fair share with the exception of the voluntary
contribution set forth in paragraph 4 with regard to six
laning US 41 from Laurel Oak Drive to Gulf Park Drive.
6. This Development Order shall remain in effect
for the duration of the Substantial Deviation Project.
However,
in the event that significant physical
development has not commenced within five (5) years from
the date of final approval of the Development Order or
the mitigation specified in Section Two E.4. has not been
paid for Phase II, development approval will terminate
and this amendment to Development Order 77-1 shall no
longer be effective. For purposes of this requirement
"significant physical development" does not include
roads, drainage or landscaping, but does include
construction of buildings or installation of utilities
and facilities such as sewer and water lines. This time
period may be extended by the Board of County
Commissioners upon request by the developer in the event
that uncontrollable circumstances delay the commencement
of development.
7. The approval granted by this D",velopment Order
is limited.
Such approval shall not be construed to
obviate the duty of the applicant to comply with all
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MARCH 28, 1989
other applicable local, state or federal permitting
procedures.
8. The definitions contained within Chapter
380.06,
Florida
statutes,
shall
control
the
interpretation and construction of any terms of this
development order.
9. This Order shall be binding upon the developer,
its assignees or successors in interest.
10. It is understood that any reference herein to
any governmental agency shall be construed to mean any
future instrumentality which may be created or designated
or successor in interest to, or which otherwise possesses
any of the powers and duties of any referenced
governmental agency in existence on the effective date
of this Order.
11. In the event that any portion or section of
this Order is determined to be invalid, illegal or
unconsti tutional by a court or agency of competent
I
jurisdiction, such decision shall in no manner effect the
remaining portions of this Order which shall remain in
full force and effect.
12. Pursuant to Section 380.06(15) (C) (3), Florida
statutes 1988, tRe Substantial Deviation Project is
exempt from down zoning or commercial square footage
intensity reduction for a period of five (5) years from
the date of adoption of the amended development order,
subject to the conditions and limitations of the above-
referenced Section of the Florida statutes, provided
physical development commences in f~ve (5) years provided
in Subsection 6 hereof.
SECTION THREE:
Pelican Bay Development Order is het'aby furt-.her amended as
follows:
Subsection XI Contingent Commercial Relocation.
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MARCH 28, 1989
A. The Neighborhood Commercial District as currently
identified on the P.U.D. Master Plan and consisting of
approximately 21 acres is proposed to be deleted from the
Pelican Bay P. U. D./Master Plan. The Community Development
staff is directed to prepare and process the necessary
application to rezone said Neighborhood Commercial District
to Group 2 Residential without any increase in the overall
number of residential units authorized. Staff is further
directed to simultaneously prepare and process the necessary
application to rezone to Community Commercial the area
specified on Exhibit A attached hereto. This additional
Community Commercial acreage is adjacent to the currently
existing Community Commercial identified on the P.U.D. Master
Plan, with the total proposed Community Commercial acreage to
be a minimum of 47 and a maximum of 50.2 use able acres
exclusive of lakes and roads.
The rezone petitions proposed in this section are to be
processed and considerpd by the County Planning Commission and
the Board of County Commissioners at Public Hearing (s) in
accordance with all applicable state statutes and County
Ordinances.
B. The development of Phase IV commercial square
footage in the Community Commercial Area shall be contingent
upon adoption of the rezoning ordinance(s) specified in
Section Three A. above.
C. There shall be a reduction of 164 hotel room units
to a maximum allowable number of 1336 hotel room units which
reduction shall not become an obligation of the applicant
unless and until the adoption of the ~ezoning ordinance(s)
specified in section Three A. above.
D. The effective date of this Resolution in regard to
all matters set forth in this Section Three shall be the same
date as the effective date of the rezoning ordinance(s)
specified in Section Three A. above.
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MARCH 28, 1989
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SECTION FOUR:
The Pelican Bay Development Order is hereby further amended
Subsection XII Additional Conditions.
A. The maximum number of allowed residential dwelling
units is hereby reduced to eight thousand six hundred (8600).
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.
~TION FIVE:
Except as specifically provided in Section Three above, this
Resolution shall become effective immediately upon its adoption.
SECTION SIX:
Certified copies of this order are to be sent immediately to
the Department of Community Affairs, and Southwest Florida Regional
Planning Council.
BE IT FURTHER REdOI,VED that this resolution be recorded in the
minutes of this Board.
commissioner
Shanahan
offered the
foregoing resolution and moved its adoption, second by Commissioner
Goodni~ht
and upon roll call, the vote was:
AYES: .Commissioner Shanahan, Commissioner Goodnight, Commissioner
NAYS: Commissioner Volpe, Commissioner Hasse
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
28th
, 1989.
March
day of
ATTEST:
JAMES c. GILES, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, .FLORIDA;.'
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Approved as to {orm& legal sufflclency
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EXHIBIT,: S,
. WCN:2/22/89'i>
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