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Resolution 1999-234I)E%'EI.()P.ME.~'T ()I~I)EI~ N(). 90 - ~ RES()I.I'TI(iN N(), 99- 234 2, I~ES()I.I"I'I()N A.MENI)IN(; I)E%'EI,()I'MENT ()RI)ER NC). {;5-1. %.'4 A.',IENI)EI). FOR TIlE i'EI,I('AN .~I..'~RSll I)E%'EI.()I'.MENT ¢)F RE(;I()N,,\I, I.'ql'A('T BY PR()VII)IN(; F()R: SE("FI()N ()NE, AMENI)IN¢; I'AR.,'~(;R..%i'II F()I'R ()F TIlE FINI)IN(;S ¢)F FACT SEC'I'I()N 'F() ('llAN(;E Till-; SO!'..%1(!.~ FOOT:~,(;I~; A'I'FRIBI 'TAI{I,E T() ('ERTAIN OF TIlE REFi.:I~EN( SET FORTll TIIEREIN ANI) A.MENI)IN(; TIlE .MASTER I'I,AN; FINDINGS ()F FA("I': SE(~TION 'FIlREE. ('ON('IA;Si()NS ()F I...\V,': SE('TI( F()I'R EFFE('T ()F i'REVi()i'SI.Y ISSI'EI) I)EVEI.()I'.%II.'.NT ()I~i)ER. 'I'RANS.MITTAI, 'I'() I)EI':\RT.MENT ()F ¢'¢)M.MI'NITY \FFA, II,IS .,\NI) EFFE('TI%'E I)ATE. WI II{Rh..\.%. \V( 'N ('mnmunmc,. Inc., (herein "\V('X") l~icd ~m X~',cmhcr 3(). ]'~'J t. ,,~ ,th thc County or'( '~Hhcr an ,,~ppl~cal~m fi~r l)c~ ch~pmcnt Appu,val (Al)Al ~H'a I)cvch~pmcm ~d' Rc~,,,~;~l I~np;tcl (I)RI) known as Pelican Marsl~ ('ommumlv m aco~rdancc ~ ~lh Sub~ccl~<m )~(I ~lt,((,). l'h~mla ~l;Ihllc~. ;iDa WI IId(I'AS. thc Board ,,t'( 'ount~ ( '~mm~tssmnur, of'( '~dhcr ( 'oumy. I'h~mt:i. :~pprm'cd I k'~ ch?mum ()rdcr 95-1 fthc' l)c~ch~prncnl (~,lcr"~ l~,r thc ]'cl~c:m .M;Ir~h ('<mlrntm:lv I)Ri ,m .l;IDtlHr% 24 ~()U~. ;lll(I WI IkREAS. thc I~omd off ',mnly f 'mlln1~.,:¢loncr~ o1'( i~ll~cr ('o,nty. Flor Ma. apprm'cd i )cvci~pmcm f)rdcr 95-5 hv Rc,,4ut:~m N~. 95-555. amending l)cvch,pmcnl f )rdcr 95-i. ~m September 26. I'~(~. h, ch;ragu thc legal dcscnptltm rd' IBc I'cllcan Marsh t '~,rllmull~l~: and Order q7-4 i~v Rcs(dtll~,m N,~ q7-457. ;Hllk'llt~lllp I)cx Ch~plllC~H f Crdcr '15-J. ~m ] )t'CClllhci 9. WI II~RI(AS. W( '1 ('~,n]mtm~t~c~. a Imnlcd partncrshu, (hcrcm:~licr "W( T' I. Ibc StlCCt'ssl)r 111 Marsh (.'o~mU~llV arid Jr} tll~lkc ccrlalr~ cJlilllgCh h~ thc ~lmot~H, {,l'dcvcl,~pmc~ll al~j~t-(,vctj hc~clr~: proposed change t{~ l)cvch)pn~cnl f)rdcr 95-1. as amended. ~ hwh ~s ;rtl;lc}left hcrclo and ~llC~H'p~r;Hc{J rcl~'rcncc, marked a, lCxluh~t ".R": ~Vl ll:RILAS, thc Ih)ard ,H'( 'J~LilIIv ('~HllmlS~h}~lcr~ ;1% thc goxcrrlnlg I~,d~ ,)1 thc Llnlrlcorl~,lalCtj of ('oilier ('ounly. ~th JurlqdlCtH)ll pursu;mt h) Scct~n 3xr}.(}6. I'h~rMa hlattitcs, IX empowered to consider proposed changes m d~c Pchcan Marsh ('mnmunnv i)RI l)cvch~pmcm ( as amended: anti \Vt t F.I,',I':AS. thc ('~,}l~cr ('ountv B~ard of( 'ounly ('ommlss;oncr~, ha~, pa~scd ( ]rdulancc No. 99- 234 on __~_ 11 . 1999. which amended the P{[I) /onmg I~r Iht l'cl~can ,M:u'd~ ('ommumty WI II~RE,.XS. thc ~s~uancc ora development order pursuant to ('t]aptcr ,~XtLO6tlgl. I. i~r]da WIII{REAS. on ...... ~_ ] I . 1999. lee Ih)ard ol'( 'ountv (',)mm~s:onc)~. al hearing m accordance w~h Sccm)n 3S0.0t,. Florida Statutes. having c(ms~dcrcd W( '1'~ apphcal)(m and Nohcc of Proposed ('hangcs to thc l'clican Marsh ('onlmtmily l)cxcl()pmcnl ()rdcr 95-i. a, amended, and thc record made al ~aid hearing, and hav~ng considered thc record of thc d()cumcntarv and oral cv~dcncc prcsc))tcd thc (~o]]~cr ('our, tv Planning ('ommlssloll: lhc r,:p()rt anti rcc()mmcndal:ons ~)1' thc ('()liter ('rarely }'hmnmg ('ommiss~()n: thc report and recommendations of'thc ('olhcr ('ountv Staff and ..Mlv~o~y Ih~ard,.: thc report and recommcndat~()ns of thc Soulhwesl [:londa Regional Planning ('ounc:t. Ibc ]h)ard ()1 ('ommlssloncrs of ('oJ]Icr ('ountv hcrcl~y approves thc }~,]Joxvmg [)cllcan NJarsJl ( 'OI1~H!IlIlIIV J)ck Order amendments. SECTION ()NE: AMENDMENTS TO I)EVEI.OPMENT ()RI)ER A. l'aragraph A of thc l'lndmgs of l:acl SCCll~)n of' [)evclopmcnl { )rdcr 95-I. :is ;Imcntlcd (Resolulion 95-71. ;1~ amended) ~s hercb~ anacndcd to read as l~)Jlm~ ~: 4. Thc appltcant prop()sc~ thc dcxclopmcnt of ;he J~cJlcan Nlar~h ("~rllHltlIIIIV C(HI~IMI/a?. 2.072 acres. Pelican Marsh mctudcs S0 acres ~l'"act~VltV center" usc ~ h~ch w~Jl conlam thc fl~JJox~ng hind uses: up to =~ ~5.000 square Ir'ct ol'gross floor area ((iFA) ol'rcta~l commcrcml usc: up Io square Ir'ct of (;I:A of office commercial usc. wHh up to ~~)g ( iFA of mcdical ~d'ficc usc: hotel rm)ms: and an 80.000 GF,.X ~' 'uhural ( 'enter {.,Mlracllon Facility) ~v~th 750 scats and 400 parking '~e Pelican Mar~h ('ommumtv x~ll c~mtam a ma,xmmm of ~Ma~ ~ rcs~dcnl~aJ dwelling un:ls: 63 of golf and clubhouses: 330.4 acres of conscrvahon area. (some of xvh~ch ~s w~thm an [:l'&l. ca~.cmcnt); 114.2 acres of open space: and a 20 acre school site. 2. Exhibit "A" (Map Il-l, Master Plan} of Dcxc[opmcnt ()rdcr 95-I fi)r thc I'cl~c;m Marsh Community DRI. as amended by l)cvelopmcnt ()rdcr 95-5. is hereby amended by replacing s;ml M;H~ Il- Master ]'lan, with Exhibit "B" hereto, a nc~' Map l I-2. Master Plan. attached and tncorporalcd hcrc~n by reference, ret]coting thc amended Iocamms of approved land uses. 12Cl '"'-' SECTI()N T\vO: FINDINGS OF F<\( "F A. '1 hz approved land uses x~h~n the Pelican Marsh I)RI arc denoted (m Map 11-2. Master Plan. which is marked Exhibtl "B". attached hereto and incorporated by rcfcrcncc hcrcm. B. Thc applicatmn ,s in accordance with Scctmn 380.06(19). Florida Slatulcs. C. Thc development of Pelican Marsh ('ommt,nlty on 2.072 acres of hind ,droll include II~c land uses described in the above Findings of Fact at Paragraph D. 'l he rcqucslcd amendment Io lhc previously approved l)cvclopn~cnl ()rdcr ~s cons~stcnl w~lh the report and review of thc S\VFRIKL E. A comprehensive review of thc impact generated by thc requested amendment ha.4 bccn conducted by the County's departments and the S\VFRPC. F. The development is not in an area designated an Area of('ritical State ('onccm pursuaul to lhe provisions of Section 3$0.06. I:h)r~da Stalulc,;. SECTION TIIREE: (,ON('i.17SIONS OF I.,.\W A. The requested amendment ofthls prevmusly approved Development Order is consistent with the report and recommendations of thc S\VFRP(' and does not consmute a "substantial dcviatmn'' pursuanl to Section 380.06(19). Fh)rida Statutes. B. Thc proposed amendment to thc previously approved Dcveh~pmcnt ()rdcr xvtll not unreasonably interfere with Iht achievement of iht objectives of the adopted .<,talc I.and I)evelopmcn! Plan applicable to thc area. C. Thc proposed amendment to the prcvmusly approved I)evelopmcnt Order ~s cons~stcnl x,.'tth thc Collier County Growth Management Plan and the l.and l)evelopment Rcgulalions adopted pursuant thereto. D. The proposed amendment to the previously, approved l)cvclopmcnl ()rdcr ts consistent with the Slate Comprehensive Plan. SECTIONFOI~R: EFFECT OF I'REVIOI:SI.Y ISSI~EI) DEVEI.Oi'MENT ()Ill)Eli{S) 'FRANS.%IIT'FAI. TO I)('A ANi) EFFE("FIVE I)ATE I. Except as amended hereby, l)evclopmcnt ()rdcr 95-5, as amended shall remain m full force and effect, binding m accordance ,.vflh ils terms on all parties thereto. This amended l)cvelopmcnl ()Mcr shall take precedence over all other applicable prevmt, s and subsequent l)cvelopmcnl Orders whsch arc in conflict thereof. 12C 1 B. Copies of this Dcvelopmenl Order 99- 2 shall bc Iransmflled ~mmcdmlcly UlXm cxccumm to the Department of Community Affairs, Bureau of Land and Waler Managcmenl. and Iht .'qoulhwesl Florida Regional Planning Council. ('. This Development Order shall take effect as provided by law. tie IT F1JR'I'IIFJ~, RESOi. VF~D that th~s Resolution bc recorded m thc minutes of thc Board. Resolution adopted after motion, second and majority vote. l)onc this l[..~,,d;,y of .... "yh .1999. ATFEST: . ,. D~,YIGHT E. BROCK. Clerk '"A. r(est as to Chairwoman's s~gnaturc"only Approve~i as 'to form and legal sufficiency: Marjor/~ M]~Student ~ Assistant County' Attorney BOARD OF ('()[INI'Y (.'()MMISSII)NliRS COI.I.IER COUN'I"f. I"I.ORII)A PAMEI..,\ S. MAC'KIF.. PE[.ICAN MARSH DF.V ORl)l!R'md FORM RPM-BSP-PROPCIIAN(;F.-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CIIANGE TO A PREVIOUSLY APPROVEI) DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal ora proposed change to a previously approved DRI be made to the local government, the regional planning agency, and thc state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, 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 Pelican Marsh Community development which information is true and correct to the best ofmy knowledge. I have submitled today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Co,ncil, and to the Bureau of State Planning, Department of Community Affairs. (Date") \ (Signature~ ~ ,,, CONSENT AND AI'I'OINTMENT OF AGENT This Consent and Appointment of Age.hr is made this ..'q. da.', of January. 1999, by WCI Communities Limited Partnership, a Delaware limited partnership (hereinafter referred to as the "Owner"). WlTNESSETil WIIEREAS, the Owner has a mailing address of 24301 \Valdcn Center Drive, B(mita Springs, Florida 34134; and WIIEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A', attached hereto (hereinafter the ".qubjcct Property"), which land is located within the Pelican Marsh Development ofRegional hnpact which ,.vas approved in Development Order 95-1 issued by Collier County on JanuaD, 24, 1995; and WIIEREAS, the Ov~qaer intends to car'c,.' out development on thc Subject Property described in Exhibit "A" which will require changes, amendments, or additions to thc Pelican Marsh Community PUD and DRI Development Order 95-I, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the State of Florida and agencies o f local govemrrBent; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop thc Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and thc DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A'. NOW TItEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property., consents to the following: APPOINTMENT OF AGEIV'I'S 1. George L. Varnadoe and the law firm of Young, van Asscnderp & Vamadoc, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval ofthe Owner's plan of development for the Subject Property described in Exhibit "A". 2. George L. Varnadoe and the law fLrm of Young, van Assenderp & Varnadoe, P. A., are atrthorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies o fthe state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: 12 I a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Planning Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatow Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APl'OINTMENT OF ]'tiE AGENT named above, the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed below. OWNER: Title: WCI COMM,,UNITIES LIMITED PARTNERSttlP senior Vice President Dated: January 7, 1999 WITNESSES: Signature Printed Name Printed Nme Legal Description of Pelican Marsh Community Exh I b t t l'2C 1 PELICAN MARStI, being approximately 2072.88 acres, is legally described as follows. BEGINNING at the southwest comer of Section 27, Town.ship 48 South, Range 25 Ihst, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 4 t Noah 00o38'20' West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00°39, 12" We. st 827.69 feet; thence leaving said line North 89°'20'45" ~East 3844.57 feet to the westerly right-of-way line of proposed Goodle.e-Frank Road'as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; i) South 05"34'48' East 3545.96 feet to the south line of said Section 27; 2) South 05.33'10' East 2642.i7 feet; 3) southerly 620.87 feet along the arc of a circ~Iar curve concave westerly having a radius of 2799.93 feet through a central angle of 12°42'18. and being subtended by a chord which bears South 00°47'59~ West 619.60 feet; 4) South 07~39'08' West 1675.64 feet to the ~undary line of the plat of Pine Ridge Second 'Extension as recorded in Plat Book I0, page 86 of the Public Records of Collier County, Florida; thence dong the boundary of said Pine Ridge Second -Extension in the following eight (8) described courses; I) 2) 3) 4) 5) 6) 7) South 89°50'58· West 88.21 feet; North 31.34'00' West 120. I9 feet; North 05'37'I0' West 956.47 feet; South 74046'39· West 379.98 feet; South I2'04'43' East 23.53 feet; South. 87~:)9'43' West 272.40 feet; northwesterly 1854.46 feel along the are of a non-tangential circular curve concave ~xrthwesterly having a radius of 1640.26 feet through a central angle of 64Q46'40' and being ~bteaded by a chord whtch bears North 48Q50'02· West I757.26 feet; 8) thence thence thcncc North 81°13'22' West 737.85 fcet; leaving said plat boundary North 00003'39- West 707.85 feet; South 89°33'32'' -East 336.81 feet: Nord~ 00°26'28' -East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through, a central angle of 16°34'19' and being subtended by a chord which bears North 08°43'37. 'Fast 37.47 feet; thence Nor'& 17°00'47" -East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southweslerlv having a radius of 395.00 feet through a central angle of 94"59'52' and being,, subtcnde~ by a chord which bears North 30°29'09' West 582.44 feet thence North 77'59'05' West 144.30 feet; thence northwesterly 418.87 feet along the arc. of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29o59'57' and being subtcndc~l by a chord wtfich bears North 62'59'06' West 414.10 feet thence North 47059'08.. West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42*40'04' and being subtended by a chord which bears North 69°19'10' West 601.07 feet; thence South 89°20'48' West 204.55 feet to the west line of said Section 34, and thc east fight, of-way line of U.S. 41; thence along said line North 00039'20.' West 665.92 feet to the Point of Beginning: LF. SS AND -EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat 13001.: 22, pages 88 through 89 PuNic Records of Collier County, Florida being more particular described as follows; BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five: thence along the boundary of said Pelican Marsh Unit Five South 89°33 '32" Fast 306.56 feet to a point on the west line of Tract WF-1 (Drainage -Easement) according to the Plat of Grand Isle at Pelican Marsh. Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along ~aid line South 00°00'00'' East 481.17 feet to a point on the north line of Tract "B" Oeranderbilt Beach Road) according to the Pint"of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a central angle of 07'I3'26" and being subtended by a chord which bears South 88°15'I6" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence tlong said line North 00'03'39" West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements ~ mmic~ons of record. Bearings ~e based on the north line of said Pelican Marsh Unit Five being South 89'33'32' East. ! 2 conu/ning 573.98 acres more or less; subject to ¢a~cmcnts and restrictions of record; TOGETttER Vi-H{ THE FOLLOWING D -ESCILrBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly de.scribed as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00"39' 12' West 827.69 feet; thence leaving said line North 89020'45' East 577.78 feet to the POINT OF BEGINNING of the parcel herein described; thence North 57°47'59" East 46.92 fee{; thence North 68°35'21 thence North 00039, 12" thence North 77°43'40 thence South 72°59'03 thence South 00039, 15" thence North 89°20'45 thence South 00o39' 15" thence South 89020'45 d~cribed; East 110.88 feet; West 187.52 feet; -East 573.08 feet; F. ast 785.48 feet; -East 27.71 feet; -East 503.78 feet: -East 100.64 feet; West I957.22 feet to the Point of Beginning of the parcel herein Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being 'North 00039' 12" West: AND LESS THE FOLLOWING THREE (3) DESCR/BED PARCELS: All that part of Section 27, Town~hip 48 South, Range 25 F2zt, Collier County, Florida and being more particularly d~cribed as follows: Commencing at thc west one quarter comer Section 27, TOwnship 48 South, Range 25 thence along thc west line o~ said Section 27 North 00o39' 12" West 827.69 feet; thence leaving said section linc North 89020'45' East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89020'45' ~t 366.45 feet; thence $ou~ 00°39'I5'' East 34.09 feet; thence southeasterly 47.35 feet along thc arc of a non-tangential circular curve concave southwesterly having a radi~ of 70.00 feet through a central angle of 38°45'23' and being ~btended by a chord which bears South 64°I9'09' Last 46.45 feet to a point of compound cum'ature; thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 19'7.21 feet th. rough a central angle of 75~24'06" and being subtended by a chord which bears South 07°I,$'23.' .East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66°,13'37' and being subtended by a chord which bears South 02054'07' East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet th.rough a central angle of 98~24'12' and being subtended by a chord which bears South 12°56'10'' West 105.98 feet; thence South 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central.angle of 93°06' 13' and being subtended by a chord which bears South 15"35' 10" West ,:13.56 feet; thence ~tong South 30057'58'' -East 34.79 feet; thence southerly 19.9,4 feet along the arc of a circular curve concave westerly having a radius of' 80.00 feet through a central angle of 14016'43" and being subtended by a chord which bears South 23049'37" -East 19.89 feet; thence along a non-tangential line South 84°1'3'14'' 'East 158..41 feeT: thence South 80°$$'24" 'East 183.'18 feet: thence South 8I°$2'51' East 180.90 feet; thence South 00°00'00" East 261.28 feet: thence North 90000'00" West 394..57 feet; thence North 00°00'00" East 271.73 feet; thence North 84°13'I4" West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South 76°56'5I ' West 89.04 feet; thence North .58°35'21" West 65.19 feet: thence North i5°31'55" West 74.80 feet; thence North 00°4.1'41" West 11.5.24 feet; thence North 28°22'47· East 171.51 feet; thence North 17011'4.5· West I06.79 feet; thence North 13~:)2'$2' East 28.51 feet; thence North 73°36'14. West 54.78 feet; thence South 49°16'08' West 112.78 feet; thence Sotrth 89°47'08· West .53.08 feet: thence North 58°00'49'' West .50.49 feet; thence North 00°39'12' West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record: Bearing_,: are based on the west line of Section 27, Township 48 South, Range 25 East. Collier C.(mnty, Florida being North 00"39' 12" West; 12C !. thence South 89~39'I 1· thence North 89~35'03· thence South 86~)6'33' thence South 83°44'08· Ail th.at part of Section 27, Township 48 South, Range 25 -East, Collier County, Florid~' being more particularly described as foIlows: Commencing at the west I/4 corner of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89020'45" 'East 2469.55 feet to tile POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45" East 787.88 feet; thence South 84"45'32' West 23.43 feet; thence South 74°56'42· West 121.32 feet; thence South 79°49'$I- West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to tile north having a radius of 66.00 feet through a central angle of 39°30. 16" and being subtended by a chord which bears North 80°25'01" West ,¢,i.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to {tie south having a radius of 150.00 feet tttrough a central angle of 20°12'$7" and bci%, subtended by a chord which bears North 70°46'21" West 52.65 feet; thence-North 80°52'50- West 36.59 feet; thence westerly ,46.17 feet along the arc of a tangential circular curve concave to thc south having a radius of 80.00 feet through a central angle of 33°0.4' 13' and being subtended by a chord which bears South 82°35'04' West 45.54 feet to a point of reverse curvature; thence ~esterly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of ~.00 feet through a central angle of 36026'18' and being subtended by a chord which bears South 84°16'06' West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12°55'58" and being subtended by a chord which bears North 83°58'44" West 68.70 feet; thence South 89°33'17. West 18.36 feet; West 71.63 feet; West 36.03 feet; West 42.94 feet; thence South 5I~0I'05· thence South 33~25'42· thence South 15~39'57· thence South I0°54'31 · thence South 89~20'06· thence Noah I0°45'58- described; West 26.23 feet; West 27.49 feet; West I9.95 feet; West 20.54 feet; West 34.64 feet; West 101.06 feet; East 101.42 feet to the Point of Beginning of the parcel herein Subject to easements asxi restrictions of record. Containing 0.48 acres more or less. Bearings are based on the we~t line of said Section 27 as being North 00"39' 12" We.st; Al/that part of Section 27, Townsl"dp 48 South, Range ~ East, Collier County, Florida being more paxticularly described as follows: Commencing at the west I/4 comer of said Section 27; thence along said west llne North. 00'39'12" West 827.69 feet; thence leaving said line North 89020'45'' 'East 3401.12 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89020'45' East 443.43 feet; thence South 05'34'48' East 147.72 feet; thence South 89020'45" West 51.56 feet; thence North 23'56'0I' West 13.07 feet; thence northerly 30.72 feet along the are of a tangential circular curve concave to the east having a radius of 80.00 feet through a dentral angle of 21'59'53" and being subtended by a chord which bears North 12°56'04" West 30.53 feet; thence North 05°01'0i" West 31.56 feet; thence North 36'19'27" West 32.02 feet; thence North 56°04'43" West 35.11 feet; thence North 80039'23' West 32.53 feet; thence North 88039'20' West 97.78 feet; thence North. 86004'48' West 45.79 feet; thence North 89049'56' West 132.77 feet; then,~ North 69040. 18" West 37.23 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039. 12' West; AND TOG~ WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89045'35' East 5231.69 feet to the west right-.of-way line of Airport-Pulling Road (C.R. 31)i thence along said westerly right--of-way line South 00'3'1'47' East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22' West 2541.65 feet to the south 1/4 comer of said Section 35; thence continue along said south line South 89*39'32" West 2641.33 feet to the southwest corner of said Section 35; thence along the south line of said Section 34 South 89'51'02' West 391.57 feet to the boundary line ora parcel described ih O.R. Book 524,'page 12I of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01'03'33' West 295.29 feet; thenc~ continue along th~ boundary of said parcel South 89'51'02' West 443.28 feet to the easterly fight-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book I3, page 58 of the Public Reco~ of Collier County, Florida; thenc.~ along said easterly right, of-way line North 07*09'08" East 1729.52 feet; -" 1 6 ,. thence continue along said easterly right-of-way line northerly 649.69 feet along tl~;'arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42'18' and being subtended by a chord which bears North 00047'59.' -East 648.37 thence continue along said fight, of-way line North 05°33'10" West 2628.44 feet to a point on the north line of said Section :34; thence leaving said fight-of-way line and along the north line of said Section 34 South 89°31'$1' -East 772.91 feet to the Point of Beginning; containing ?08.39 acres more or less; subject to easements and restrictions of record; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEl. BEGINNING at the northeast comer of said Section 36; thence along the east Iinc of said Section, South 02°12'03" · East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east line of said Section 36 South 02°06'28" -East 2519.08 feet to a point on the northerly fight-of-way line of Vanderbi[t Beach Road; thence along said northerly fight-of-way line North 89"39'39" West 2855.35 feet: theme continue along said line North 89°43'59" West 2544.87 feet to a point on the easterly fight-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way linc North 00o31'47" West 4490.03 feet to the sourh~vcst comer of the cast 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south linc of said land North 89O27'57" ~t 15.00 feet: thence along the east line of said land North 00°31 '47" West 80.00 feet: thence along the north line of said land South 89°27'57" West '1'5.00 feet to the east right- of-way line of Airport Road (C.R. 31); thence along said fight-of-way North 00°31 '47' West 539.49 feet to thc north linc of said Section 36; thence along said north linc North 89O27'57" East 3914.28 feet to the southwest comer of the east 1/2 of the east I/2 of said Section 25; thence along the west linc of the east I/2 of the east I/2 of said Section 25 North 01054'09- West 2668.19 feet; thence continue along the west line of the east 1/2 of the east I/2 of said Section 25 North 0I°57'16, West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right, of-my North 89°14'36· East 1325..57 feet to the cast line of said Section 25; thence along said east linc of section 25 South 02o06'59· East 2569.75 feet to the east I/4 comer of Section 25; thence continue along said east linc of Section 25 South 02000'46· East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; total parcel contains 2076.28 2,072.88 acres more or less; .2C abject to ~-.ascmcnts and restrictions of record; bearings are based on the State Plane Coordinat~ 1983 datum 1990 adjustment, tt~¢ noah line of Section 35, being N'orth 89°45'35'' East. o Applicant (name, address, phone). WCI Communities 24301 Walden Center Drive Bonita Springs, Florida 34134 Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, ','an Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Location (City, County, Township/Range/Section)of approved DRI and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, Collier County, Florida. Provide a complete description ofthe proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, devel6pment 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 requestei:i by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DRI was originally approved by Collier County in 1995 (DO 95-1; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail commercial (gfa), 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC (DO 97-4; Resolution No. 97457) decreased the number ofdwelling units to 5,100 units and decreased retail and office uses by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities/a proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposed changes are an increase of 50,000 square feet of leasable retail commercial use (adding 57,500 square feet of gross floor area), an increase orS0 hotel rooms and a decrease by 25,000 square feet of medical office use. These changes are reflected on the revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A.' - 2 - The chart on thc following page describes the uses originally approved in Iht 1995 Pelican Marsh Development Order (DO 95-I) and thecbanges resulting from both thc NOPCapproved in I997 and the proposed changes that are the subject of the current application. With these proposed changes, considered cumulatively with the previous NOPC, the Pelican Marsh DRI has been reduced by 500 dwelling'units, 172,500 square feet (gfa) of retail, and 175,000 square feet ofoffice use since the 1995 DO was issued. There has been a cumulative increase of 27 golf holes and increases of 36.4 acres of conservation area and 55.2 acres of open space. With the proposed addition of S0 hotel rooms, the number of approved rooms will total 450. No additional land is being added to Pelican blarsh and there are no proposed chan/2cs to the phasing, commencement or buildout dates, or to the currently approved development order conditions and requirements. A traffic analysis prepared by David Plummet & Associates, attached as Exhibit "B," establishes that the changes will not have a significant or adverse impact on the regional roadway system. The proposed changes do not constitute a substantial deviation from the currently approved Pelican blarsh DRI. ' - 3 Complete the attached Substantial I)cviation I)ctcrmination Chart tbr all land use types approved in the development. Ifno change is proposed or has occurred, indicate no change. See Chart below. List all the dates and resolution numbers (or other appropriate identification numbers) of;dl modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of thc 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 thc annexing local government adopted a new DRI development order for thc project? The Pelican Marsh I)RI (DO 95-I) has been amended twice, as described behm': Collier County approved Development Order 95-5, hy l~,esolution No. 95- 555, on September 26, 1995. The change consisted of a new legal description and corresponding plan and texl chan~es to reflect the addition of one (1) acre of land to the project. Collier County issued Development Order 97-4, (Resolution 97-457) on December 9, 1997, which approved the applicant's NOPC with the land use changes shown on the above chart following question number 5. Describe any lands purchased or optioned within ¼ 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 'A mile on a project master site plan or other map. WCI Communities has an option to purchase, during the year 2000, 15I acres of land on the east side of the future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "C." Indicate if the proposed change is less than 40% (cumulatively with other prcvious changes) of any of the criteria listed in Paragraph 380.06(I 9), Florida Statutes. Do you believe this notification of change proposes a change which meets thc criteria of Subparagraph 380.06(I 9)(e)2., Florida Statutes? YES NO X - S I0. Il. 12. 13. Does the proposed change result in a change to the buildout date or an5' phasing date of the project'?. If so, indicate the proposed new buildout or phasing dates. No changes are proposed. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9.1-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "I)." 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. A copy of the approved master plan is attached as Exhibit "E" and a copy of the proposed plan is attached as Exhibit "A.' 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: a. 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 land 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; See proposed Master Plan, Exhibit "A' and revised Development Order, Exhibit "D.' There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No land is being added to Pelican Marsh. There is no change to the legal description. 12C 1 do Co A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. A proposed amended development order termination date that reasonably reflects thc time required to complete the development; 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; and ' No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom thc report is submitted as specified in Subsection 9,/-2.025 (7), F.A.C. No change. - 7 - 12[. I SIiBSTANTIAL DEVIATION DETEI~MINATION CIIART TYPE OF CIIANGE PROPOSEI) ORIGINAL I'REVIOUS I)O LAND USE CATEGORY PI.AN' PLAN CIIANGE & DATE: COLLIER COUN'IrY D.O. 97.4; RES. NO. 97-457, Dec. 9, 1997 Attraction/ n Parking Spaces 400 ~no change} 400 4o(~ Recreation # Spectators #Seats 750 (,no chang, e} 750 750 Site Iocational chan.ees See Map "H-2" See Map "H" Acreage, including drainage, v.'ithin gO-acre 15 acres within gO-acre "activity center" ROW, easements, etc. activit,v center # External vehicle trips D.O. conditions ADA re?rescntations ,, Airports Runway (len~h) N/A N/A N/A , Runway (,stren.~th} Terminal(~ross sq.ft.) # Parkin.e spaces # Gates · Apron area(gross sq.fl.) Site Iocational ch~,ees Airport acreage, including drainase, ROW, easements, etc. # External vehicle trips I D.O. conditions ~ ADA representations [ Hospitals # Beds N/A N/A N/A . # Parkin~ spzces Building {'gross SCl.fL) Site Iocational changes Acreage, including drainage, ROW, easements, etc. # External vehicle trips D. O. conditions ADA representations - 8 - 12C I TYPE OF CIIANGE PROPOSEI) ORIGINAl, I'REVIOUS I)O LAND USE CATEGORY PLAN PLAN CIIANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 9?-457, Dec. 9, 1997 Industrial Acreage, including drainage, N/A N/A N,'A ROW, easements, etc. # Parkin~ Spaces Building (gross sq.ft.) # Em pIo,vees Chemical Storage (barrels and lbs.) Site locational chan~es # External vehicle trips D. O. conditions ADA representations Mining Operations Acreage mined (year) N/A N/A N,'A Water withdrawal (gal/day) Size of mine (acres), including drainage, ROW. easements, etc. Site Iocational changes # External vehicle trips D. O. conditions ADA representations Ol'~ce Acreage, including drainage, within 80-acre 20 acres within 80-acre "activity center" ROW~ easements? etc. "activitT center" Building ~ $q.fL) 175,000 ~.fl. (up 350,000 sq. ft. (up 200,000 sq.ft. (up to 50,000 sq.fl. to 25,000 sq.fL to I00,000 $q.fL medical office) medical office) medical office) # Employees Site Iocational chanses See Map H-2 See Map "H" # External vehicle trips D. O. conditions A DA representations - 9 - TYPE OF CIIANGE PROPOSED ORIGINAL I'R. EVIOUS I)O LAND USE CATEGORY PLAN PLAN CilANGE & DATE: COI.LIER CO[.INTY D.O. 97-4; RES. NO: 97-457, De.". 9, 1997 Petroleum/ Storage capacity. N/A N/A N/A Chemical Stor~age (barrels and/or lbs.) Distance to navigable ~'atcrs Site Ioc..ational chan~es Facility acreage, including drainage, ROW, easements, etc. ... tt E×temal vehicle trips D.O. conditions ADA representations Po_frs uSl,,rinas) # boats, we~ storage N/A N/A N/A # boats, dry storage Dredge and fill (cu.yds,) Petroleum storage (gals.,) Site Iocational chan?s Port acreage, including drainage. ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Rg~identlal # Drilling units 5,1 O0 5,600 5,1 O0 Type of dwelling units (no change) Acreage, inc. drainage, ROW, 576,8 acres 859 acres 576,8 acres easements~ crc. (no change) Site Iocalional chartres See Map H-2 See Map "H" See Ma~cr Plan ti External vehicle trips D.O. conditions - 10 12? 1 TYPE OF CIIANGE PROPOSED ORIGINAL I'REVIOUS DO LAND USE CATEGORY PI,AN PLAN CIIANGE & I)ATE: COLI,IER COUNTY D.O. 97-4; RES. NO. 97.457. Dec. 9, 1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW. easernents, etc. "activi ,~, center" Floor space (gross sq.ft.) 402,500 gross 575,000 gross 345,000 gross sq.fl. sq.ft, sq.fl. # Parking spaces # Employees Site loc#rio#al chan,ees See Map "11-2' Sec Map "If" # External vehicle trips D. O. conditions A DA Re?resentations ~l"otel # Rental Units 450 rooms 280 rooms 400 roorns Floor space (gross sq.fl.) # Parking places # Employees Site Iocational chart,ecs Sec Map "1t-2" See Map "l-t" Acreage, including drainage, within gO-acre within 80-acre "activity center" ROW, easements, etc. activit~ center ' # External vehicle trips D.O. conditions ADA representations 1 '" R..V. Park Acreage, including drairt~gc, N/A N/A N/A ROW, easements, etc. # Parking spaces Buildings (gross scl.ft.) # Employee~ Site loc#rio#al changes # External vehicle trips D.O. conditions ADA representations - ll - TYPE OF CtlANGE I'ROPOSED ORIGINAl., PREVIOUS I)O I,AND USE CATEGORY PI,AN PLAN CIIANGE & DATE: COI,LIER COUNTY D.O. 97-4;  RF~. NO. 97-457, Dec. 9, 1997 e {'all Acreage natural and 114.2 acres (no 59 acres 114.2 acres change) vegetated) Site Iocational chan~cs See Map "1{-2" Type of open space non-impervious D.O. conditions surfaces=~ i A DA r_.~prescnta!ions on, ButTer Acreage 330.4 Acres (no 294 acres 33{).4 acres or Special change)  Site Iocational chart,ecs See Map "H-2" See Map .._._.__ D.O. conditions __ ADA representations - 12 - 1 o Exhibit "B" -- 1 'i ! Exhibit "B" --