Resolution 1996-529
NOV 2 h 199"
RESOLUTION NO. 96-~29
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
DETERMINING THAT REVISIONS TO THE MARCO
SHORES/FIDDLER'S CREEK DEVELOPMENT ORDER
84-) AS AMEtlDED DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION REQUIRING FURTHER
DEVELOPMEIlT OF REGIONAL IMPACT REVIEW.
WHEREAS, the Board of County ';ommissioners of Collier County,
Florida, originally approved DR! Development Order 84-3 known as Marco
Shores on June 12, 1984, which approved a Development of Regional
Impact (ORl) known as Marco Shores; and
WHEREAS, said DRI Development Order has subsequently been amended
I
on several occasions and is now known as the Marco Shores/Fiddlers
Creek DR! Development Order; and
WHEREAS, Section 380.06(19) (f)2, Florida Statutes. requires that
proposed changes to a previously approved Development of Regional
Impact (DRI) be submitted by the developer to the local government, the
regional planning council, and the state land planning agency; and
WHEREAS, submittal of the proposed changes was made to the
appropriate public authorities; and
WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires that
the local government shall determine whether or not the proposed change
to the previously approved DRI development order constitutes a
substantial deviation requiring further Development-of-Regional-Impact
review; and
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the report and recommendations of the Southwest
Florida Regional Planning Council (SWFRPC) and held on December 10,
1996 a public hearing on the petition; and
WHEREAS, by separate action the Board of County Commissioners will
cause the Marco Shores/Fiddler's Creek DRr Development Order to be
amended to reflect the proposed revisions which do not constitute a
substantial deviation requiring further Development-of-Regional-rmpact
review;
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NOY 2 6 199F
NOW, THEREFORE, be it resolved by the Board of County
commissioners of Collier County, Florida that:
The proposed revisions to Marco Shores/Fiddler'S Creek DRI
Development Order 84-) as amended, as described in the
notification of a proposed change to a previously approved
Development of Regional Impact (DRI), noted as Exhibit "A"
and hereto made a part of this Resolution do not constitute a
substantial deviation requiring further Development of
Regional Impact review pursuant to Subsection 380.06(19)
Florida Statutes.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner
Hancork
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
~jdc'Kie
and upon roll call, the vote was:
AYES: Commissioneq Hancock, Commissionec t1ac'Kie, Commissionec Constantine,
Commissioner Berry. and COffilnissionec Nocris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
26
, 1996.
day of
November
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E.
LEGAL SUFFICIENCY:
-m~Id'i"~
MARJO IE M. ST DENT
ASSISTANT COUNTY ATTORNEY
DOA-96-4/18751
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Nav 2 6 1996
recreation facilities shall be constructed and completed in
conformance with the general development schedule of the project.
Those facilities scheduled Eor stlbsequent donation to the County as
part of the development plan are two community facility sites.
The school sites specified in Development Order 8~~3 have
been dedicated to the Collier County and previously accepted by The
Collier County School Board. Developer has entered into ,J,n
a~reemefit to tradeg etfter property outside of Fiddler's Creek to
aesirea BY the School Board for some oE the property owned by the
School District in Fiddler's Creek. Neighborhood Parks will be
dedicated to the Homeowners Association or Community Development
District upon their completion in conformance with the development
schedule of the project. The Community Facilities Sites in
Fiddler's Creek, will provide a location for the construction of
public facilities, which may include a sheriff's sub-station, fire
station, library site and emergency medical services. These
Community Facilities Sites will be dedicated to the County at the
County's request.
2. Clearing, Grading, Earthwork and Site Drainage: All
clearing, grading, earthwork and si te drainage work shall be
performed in accordance with the Settlement Agreement dated ~
I, 1995 Julv 20, 1982, the applicable permits, and the Agreement
with Collier County dated April 4, 1995, and as set forth in this
document. The Settlement Agreement and revised conceptual
drainage plans submitted with this Notice of Proposed Change will
be used as a guide to the final development of the drainage and
road systems within the various development areas.
3. Street Construction: All public street design and
construction shall meet the Collier County standards that are in
effect at the time of the approval of this ordinance, except as
provided in the Settlement Agreement which is bv reference referred
~ .fExhibit "FC-Dtli-, although modifications may be approved by
the parties thereto.
15. Maintenance Facilities:
W"relq 'In1""'lin"'" "I,'" ;,'H;'-ic-:-.r, '~.~,rl~ A.to_'-"I"'~t>-~h ;'lr~ rl~l~tion!'l_
Nav 2 6 1996
officially adopted as conditions [or approval.
b. The developer shall submit an annual report on
the Development of R~gion().l TmpClct to r:oll i~r C'O\ll1ty, the Southwest
Florida Regional Planning Council and all affected agencies as
required in Ch;)rt~ r 1 A 0 . or;; (l.Hl;;;'), F 1 Cll- i dd :;La L lJl.f:!J .
SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER
The Marco Shores/Fiddler' [3 Creek Development Order (Resolution
84-3, as amended), Subsections 4.0.1, 2. 3 and 1S.A., relating to
POD Ordinance Commitments, arc hereby amended to read as follows:
D. Commitments specified in the PUD Ordinance as set forth in
Exhibit C attached hereto and he reference made a part thereof and
as follows:
1. Project Development and Recreational Facilities: The
proposed constr4ction shall comply with all standards set forth and
the resulting complete project shall adequately serve its occupants
and members and will not cause a general public problem. Such
measures as the construction of streets, screens, signs,
landscaping, erosion control and other sir.1ilar-in-function
facilities shall be taken to accomplish the above set forth
objectives. Recreation facilities showl! on Exhibit "(" and
Fiddler's Creek Exhibit "Fe-C". Master Development Plan, shall be
provided and completed in timing with the adjacent residential
units and as specified in the PUD document. The northern golf
course in Fiddler's Creek was constructed by a resort hotel
corporation. This course is llsed primarily for the recreational
use of their guests. Secondarily, residents of Fiddler's Creek
will have access to this course on an as-space-is-available basis,
and the public may have similar access. The southern and eastern
golf courseQ in Fiddler's Creek shall be constructed when feasible
to serve the surrounding residential units. The southern golf
course and recreational facilities shall be privately owned
facilities and constructed on the designated sites in conformance
with the development needs of the project.
Neighborhood parks, bike trails,
and other communi ty
Words underlined are additions; wCJrd:; f'lt.LIf'11: ~.~ are deletions.
NOV 2 6 1996
2. A description of all development activity conducted
pursuant to this Order during the year immediately preceding the
submission of the annual report;
3. A description of all development activities proposed
to be conducted under the terms of this Order for the year
immediately subsequent to the submission of the annual reports;
4. A statement listing anticipated applications for
development permits, required pursuant to applicable regulations
which the applicant proposes to submit during the year immediately
following submittal of the annual report;
5. A statement setting forth the name(s) and address{sl
of any heir, assignee or successor in interest to the applicant in
its capacity as developer of Marco Shores Planned Unit Development;
and
6. A~statement that all persons have received copies of
the annual report, as required under Chapter 380.06(~~}.
It is the intent herein, that the foregoing requirements
for submittal of the annual report shall be in addition to and not
in lieu of any submittal requlrements for an annual report as
promulgated by the State Land Planning Agency or the Southwest
Florida Regional Planning Council.
C. Southwest Florida Regional Planning Council's stipulations
of approval are as follows:
IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA
REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS,
3. Other: In the ADA for Marco Shores DRI, numerous
commitments were made by the applicant to mitigate project impacts.
Many but not all of the commitment were listed in these
stipulations.
a. All commitments and impact-mitigating actions
provided by the applicant within the ADA (and supplementary
documents) that are not in conflict with specific conditions for
project approval outlined above and as herein amended are
Words underlined are additions; words stru:ll t~r0J~k are deletions.
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NO V 2 6 1996
designated for neighborhood commercial uses has been amended by the
Board of County Commissioners to permit a 150 room hotel with
accessory uses and restaurant and utility site. ~lorr's Island is
212.89 acres, 300 multi-family dwelling units at 1.41 units/acre
with parks and recreation area.
SECTION THREE: AMENDMENTS TO DEVELOPMENT ORDER
The Marco Shores/Fiddler's Creek Development Order (Resolution
84-3, as amended), Subsections 4.8. and C.3., Annual Report, are
hereby amended to read as follows:
Section 4. This Board of County Commissioners finds that the
applicant has adequately addressed and/or has agreed to satisfy
those conditions and stipulations set forth by the SWFRPC in the
SWFRPC's nconditional approval" (Item C below) of the ADA, and
agreed to all adqiitional conditions, stipulations, restrictions and
limitations set; forth by the Board of County Commissio'ner a.s
follows:
B. The Appl icant sha 11 submi t an annual report in
accordance with. the Section 380.06{~ ~), on the Development of
Regional Impact to the County, the SWFRPC, the State Land Planning
Agency, and other agencies as may be appropriate, by December 31
each year until and including such time as all terms and conditions
of this Order are satisfied. Such report shall be submitted to the
Collier County Community Development Administrator who shall, after
appropriate review, submit it for review by the Board of County
Commissioners. The Board of County Commissioners shall review the
report for compliance with the terms and conditions of this Order
and may issue further orders and conditions to insure compliance
with the terms and conditions of this Order. The applicant shall
be notified of any Board of County Commissioner hearing where in
such report is to be reviewed, provided however, that receipt and
review by the Board of County Commissioners shall not be considered
a substitute or a waiver of any terms or conditions of this Order.
The annual report shall contain:
1. The SWFRPC's monitoring forms as may be required;
Words underlined are additions; words atFuelt tL["Cti~A are deletions.
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NOV 2 6 1996
Island)
The rC'.iscd Unit 20 Fiddler's Creek portion of Marco
Shores shall consist of lSB9.11 1379.11 acres, 6,000 dwelling
units, 33.6 acres of "Business", open space, golf courses, lakes
and preserves as set forth herein, and shall be known as Fiddler's
Creek, a Planned Unit Development. The scope of development to be
permitted pursuant to this Order includes operations described in
the ADA, prior amendments approved for the development, changes
approved herein and the supporting documents which by reference are
made a part hereof as composite Exhibit B.
SECTION TWO: FINDINGS OF FACT
The Marco Shores/Fiddler' 5 Creek Development Order {Resolution
84-3, as amended}, Section 2, Findings of Fact, Subsections A, B
and D are hereby amended to read as follows:
Section 2., That the Board of County Commissioners, having
received the above-referenced documents, and having received all
related comments, testimony and evidence submitted by each party
and members of the general public, finds that there is substantial
competent evidence to support the following findings of fact:
A. That the real property which is the subject of the
ADA is legally described as set forth in Exhibit "A", and Exhibit
"A-1" aclclifl~ a 22.9 acre tr~ct to Unit 3G , the leqal description
for Fiddler's Creek with the additioIl of the 690 acre tract, which
are attached hereto and by reference made a part thereof.
B. The application is in accordance with Section
380.06(12 e) Florida Statutes as modified by the Marco Agreement.
D. The applicant proposes the development of Fiddler's
Creek, Isle of Capri Commercial Area and Horr's Island all of which
are a part of the Marco Shores PUD. Fiddler's Creek consists of
1C89.11 2379.11 acres: 3900 multi-family Units, and 2100 single-
family dwelling units for a total of 6,000 dwelling units at a
gross density of ~ 2.52 units/acre; business sections; sites for
parks; recreation areas; Collier County school Board property;
utility facilities; community facilities; preservation areas; and
lakes; and roads. Isle of Capri Commercial Area previously
Words underlined are additions; words I'Jtruel. th"'f:~~ are deletions.
NO V 2 6 1996
DEVELOPMENT ORDER 96- 4
RESOLUTIOn 96 - 530
A RESOLUTION AMENDING DEVELOPMENT ORDER 81-3, AS AMENDt:D, FOR THE
MARCO SHORES/FIDDLER'S CRt:EK DEVELOPMENT OF REG,ONAL IMPACT ("DRI")
BY AMENDING SECTION I, HELATHiG TO (;ENEHAL INI.'OHMATlON CONCERNING
THE DEVELOPMENT; AMENDING SECTION 2, SUBSECTIONS A, B, AND D,
FINDINGS OF FACT TO ADD A 690 !,CRE PARCEL; At1ENDING SECTION 4,
SUBSECTIONS B AND C. 3, RELATING TO ANNUr,L REPORTI NG REQUI REMENTS;
AMENDING SECTION 4, SUBSECTIotl IJ.l, 2, 3 AND 15. A., PUIJ ORDINANCE
COMMITMENTS, INCLUDING THOSE RELATING TO PRO.JECT IJEVELOPMENT AND
RECREATIONAL FACILITIES, CLEARING GRADING EARTHWORK, STREET
CONSTRUCTION AND SITE DRAINAGE, MAINTENANCE FACILITIES; AMENDING
SECTION 4, SUBSECTIOrl E, OTHER COMt1ITMENTS, RELATING TO RECREATION
AND OPEN SPACE; BY PROVIDING FOR FINDINGS OF FACT, CONCLUSIONS OF
LAW, EFFECT OF PREVIOUSLY ISSUED DEVt:LOPMENT ORDER, TRAJ1SMITTAL TO
DCA AND EFFECTIVE DATE.
WHEREAS,
951 Land Holdings Joint Venture
(hereinafter
"Developer") submitted a Notice of Proposed Change for the Marco
Shores Planned Unit Development, Unit 30, and petitioned the Board
of County Commissioner of Collier County, Florida to amend the
Marco Shores De~elopment Order, Collier County Development Order
84-3, as previously amended by Resolutions 84-237, 88-117, 89-149,
and 96-333 only with respect to the Unit 30 portion of the Marco
Shores Development Order;
WHEREAS, Developer desires to add approximately 690 acres of
land (Section 13, Township 51 South, Range 26 East) to the
Fiddler's Creek portion of Marco Shores; and
WHEREAS, this amendment is only intended to amend Development
Order 84-3, as previously amended, as it relates to Fiddler's
Creek.
NOW THEREFORE BE IT RESOLVEIJ, by the Board of County
Commissioners, Collier County, Florida, that:
SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER
The Marco Shores/Fiddler's Creek Development Order (Resolution
84-3, as amended), Section I is hereby amended to read as follows:
Section I. That this Resolution shall constitute an amendment
to the Development Order issued by Collier County in response to
the ADA filed by Deltona, previous Notices of Proposed Change and
the Notice of Proposed Change filed by the Developer for a portion
of Unit 30, which is a component of Marco Shores, a Planned Unit
Development, Isle of Capri Comr:lercial Area and Key Marco (Horr's
Words underlined are addit.ions; words etl'"l;:\eh (I r-ed)ft are deletions.
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