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Resolution 1996-530/DO 96-4 12C 5 f DEVELOPMENT ORDER 96- 4 RESOLUTION 96 - S30 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT ("DR!") BY AMENDING SECTION I, RELATING TO GENERAL INFORMATION CONCERNING THE DEVELOPMENT; AMENDING SECTION 2, SUBSECTIONS A, B, AND D, FINDINGS OF FACT TO ADD A 690 ACRE PARCEL; AMENDING SECTION 4, SUBSECTIONS B ~m C.3, RELATING TO ANNUAL REPORTING REQUIREMENTS; AMENDING SECTION 4, SUBSECTION D.1, 2, 3 AND 1S.A., PUD ORDINANCE COMMITMENTS, INCLUDING THOSE RELATING TO PROJECT DEVELOPMENT AND RECREATIONAL FACILITIES, CLEARING GRADING EARTHWORK, STREET CCNSTRUCTION AND SITE DRAINAGE, MAINTENANCE FACILITIES; AMENDING SECTION 4, SUBSECTION E, OTHER COMMITMENTS, RELATING TO RECREATION AND OPEN SPACE; BY PROVIDING FOR FINDINGS OF FACT, CONCLUSIONS OF LAW, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL 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 Development 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 RESOLVED, 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 Commercial Area and Key Marco (Horr's Words underlined are additions: words 8!:P'I:l!!h ~hrelJ:J~ are deletions. - 1 - 12C 5 Island) . The re'\:isea tJAi~ J9 Fiddler' 8 Creek portion of Marco Shores shall consist of HB9.11 2379.11 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 compcsite Exhibit B. SECTION TWO: FINDINGS OF FACT The Marco Shores/Fiddler's Creek Development Order (Resolution 84-3, as amended), Section 2, Findings of Fact, subsections A, B and 0 are hereby amended to read as follows: S.otion 2. That the Board of County Commissioners, having received the above-referenced documents, and having received all related comments, testimony and evidence aubmitted 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 Bet forth in Exhibit "An, and Exhibit "A-1" a~9ift~ a 22.9 aeye traet te Yfti~ J9 . the leaal descriction for Fiddler's Creek with the addition 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(~ e) Florida Statutes as moclified by the Marco Agreement. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Harr's Island all of which are a part of the Marco Shores POD. Fiddler's Creek consists of H89.11 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 ~ ~ 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 Word. underlined are additions; words .'l"lull 'ftJ:8_!ft are deletions. - 2 - 12C 5 designated for neighborhood commercial uses has been amended by the Board of County Commissioners to permi t a 150 room hotel with accessory uses and restaurant and utility site. Horr'S Island is 212.89 acres, 300 multi-family dwelling units at 1.41 units/acre with parks and recreation area. SECTION THREE: AMENDMElITS TO DEVELOPMENT ORDER The Marco Shores/Fiddler's Creek Development Order (Resolution 84w3. as amended), Subsections 4.B. 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 conditiona and stipulations set forth by the SWFRPC in the SWFRPC' B "conditional approval" (Item C below) of the ADA, and agreed to all additional conditions, stipulations, restrictions and limitations set forth by the Board of County Commissioner as follows: B. The Applicant shall submit 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 nluh 'I<1ntl!h are deletions. - 3 - 12C 5 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 c:onducted 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; S. A statement setting forth the name(s) and address(s) 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 requirements 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 RECCMMENDATION 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 eh"luh '''18I:1,k are deletion.. - 4 - 12C 5 officially adopted as conditions for approval. b. The developer shall submit an annual report on the Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council and all affected agencies as required in Chapter 380.06(~ ~), Florida Statutes. SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER The Marco Shores/Fiddler's Creek Development Order (Resolution 84-3, as amended), Subsections 4.D.1, 2, 3 and 1S.A., relating to PUD Ordinance Commitments, are hereby amended to read as follows: D. Commitments specified in the Pun Ordinance as set forth in Exhibit C attached hereto and be reference made a part thereof and as follows: 1. Project Development and Recreational Pacilitie., The proposed construction 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 similar~in~function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "C" and Fiddler's Creek Exhibit "FC-C". Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the POD document. The northern golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is used 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 course~ 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 community Worde underlined are additions; '#ords ahLuh ~J!..Irel:l!k are deletions. - S - recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for subsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 84-3 have been dedicated to the Collier County and previously accepted by The Collier County School Board. Developer has ePl.t:erea inee an a!yeemeHE te tradeg ~ property outside of Fiddler's Creek to aesirea BY the School Board for some of 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 Bite Orainag.: All clearing, grading, earthwork and site drainage work shall be performed in accordance with the Settlement Agreement dated ~ t, 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 referenc@ referred ~ ~Exhibit "FC-D"~, although modifications may be approved by the parties thereto. 15. Maintenance Facilitie.: Words underlined are additions; word. 8'1Pk1!1h ~hl!!II<l.!lA are deletions. - 6 - 5 12C 5 a. Developer may SYeate has cetitioned for. and the Florida Land and Water Adiudicato%v Commission has established. a community development district created under Ch. 190. Fla. Stat.. for the Fiddler's Creek area as it existed crior to the addition at the 690 acre Darcel (Section 13). If e~eft a 8i8~yiee is e~ea~e9 it 1;.:111 eSII.,.ly 'tI..itk the f~lle lA! le"l:iire"'~ftt.s. ~ ~ Developer may cetition for the creation and establishment of ereates a seoarate community development district ("The l'iEialer' E!I Cyeelt Be .~ele~me.nt. BisEriel!..) pursuant to Chapter 190, Fla. Stat., all sf the I'rel'e:rE) a.mea BY the Be lelsl'er af Flatne.r' B Greell 1ft 9flit 39 ..ill ee iftehuiea ..it-hiP'!. t.he l'ifJdlel's Cl'eelt GSlMI1:iflity De:.-:e1 e"meflE Diet-riel: for Section 13 or the develocer or district may oetition to exoand the existina Community Develocment District. cursuant to Ch. 190. PIa. Stat.. to said Section 13. at its oction. Within areas incorcorated therein. any THe FiEiEile!" B CE'eelt Community Development District servina Fiddler' S Creek will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and SYstems. &ftd facilities and services: (1) Any drainage facilities and right-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Fiddler's Creek, including lake and lakeshore maintenance; (3) Internal neighborhood parks shall be dedicated to the Fiddler' B Creek Homeowners Association or the Community Development District for ownership and maintenance; (4) Certain recreational amenities and facilities which are not owned and operated by the Developer, other private interests or individual condominium associations; (S) Street lighting, and; (6) Such other common areas. cro;ects. svst.ems. fl'M facilities and services which are desired by the landowner or Words undl!rlined are additions; words sh"ueh Ulr!Hl.!ll are deletions. - 7 - 12C 5 residents of the Fiddlers Creek Community Development District but which are not available through ~ local government or private enterprise and which are defined or authorized bv Ch. 190. Fla. ,sur. . Chapter 190 Fla. Stat. grants community development districts created and established thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and non-ad valorem special assessments. borrow money and issue bonds. The Developer ',:ill ha.€: has the responsibility for the election of the members of the Board of Suoervisors of the Fiddler's Creek Community Development District until it is turned over to the residents as provi.ded under Chapter 190 Fla. Stat. SECTION FIVE: AMENDMENTS TO DEVELOPMENT ORDER The Marco Shores/Fiddler's Creek Development Order (Resolution 84-3, as amended), Subsection 4.E.2.a., Recreation and Open Space of Other Commitments, is hereby amended to read as follows: E. Other COlIIII1itment. 2. Recreation and Open Space: a. Developer will construct neighborhood parks and bikeways as shown in the Marco ADA as amended herein and in the POD document. These recreational facilities will be dedicated to the Fiddler' B Creek Homeowners Association or Community Development District for the use of residents of Fiddler's Creek. Developer will also provide sites for numerous other recreational facilities, including golf courses and tennis facilities, as shown in the Mar~o ADA and as amended herein and in the PUD document. These facilities may be reserved for use solely by the residents of the Fiddler's Creek Development and their guests. The construction of the northern eighteen hole golf course in Fiddler's Creek will be used primarily for the recreational use of their guests. Secondarily, residents of the Fiddler's Creek area will have access to this course on an as-space-is-available basis and the public may have access on a similar basis. The southern and eastern golf course~, recreational facilities and tennis center will be Words undl!rlinl!d are additions; words lIt!Pid.lJh U'l1!8J.!h. are deletions. - 8 - ----~_._--- "^.- ---_..-- 12C 5 constructed when feasible to serve the surrounding residential units. The recreational facilities and tennis center may be dedicated to the homeowners' association or the Fiddler's Creek Community Development District ("CDD"). SECTION SIX: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibits RA" and "A-1", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to a Previously Approved DRI, marked as Exhibit "F", and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Marco Shores including a portion of the area now to be known as Fiddler's Creek on 2,379.11 acres of land for a commercial and residential development described in Development Order 84-3, as amended. E. 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. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION SEVEN: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order as presented 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 "F", by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of Words underlined are additions; words 8'~Bh .kw.~!k are deletions. - 9 - 12C 5 the SWFRPC. 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 Order 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 are presumed to not constitute a substantial deviation pursuant to Subsection 380.06 (19) Ce}, Florida Statutes. SECTION EIGHT: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order 96-1" shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Local Planning, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Hancock offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call, the vote was: AYES: Commissioner Hancock, Commissioner Mac'Kie, Commissioner Constantine, Commissioner Berry, and Commissioner Norria NAYS: ABSENT AND NOT VOTING: ABSTENTION: Words underlined are additions; words ai;Pl..h i:krll<l!JR are deletions. - 10 - 1t~ Done ~hi8 .:1(. r'..... ,. : '/lli:i;e~;..';.:..". ~u> f1~t ~.;"::.'\ .,'~~ ~. ,~ 'B ~k' ".~#.~ ,p.. ~~l,.i.' ;." ~l -:.\< .~ ... ."~.: . _: ~ .~--b1';".'. ;,:.< . _.<' .... ... r.... 1)''\..,.... '. ,-. . ,. . ',M>;>ROVED.'A~k'rO FORM .~-- ANlfr,Elliil(':SUFFICIENCY 12C 5 day of ';1f'~, 1996. ~~S~ ASSISTANT COUNTY ATTORNEY ).ncn:~.n/OO.UD November 8, 1996 (' Commissioners lorida Word. underlined are addition., worda B'.u.h 'ft..~!h are deleti0n8. - 11 - 12C 5 BXJnBIT -A-l- LBGAL DBSCllIPTION ALL OF SECTION 1.3, TOWNSHIP 51 SOU'l'H, RANGE 26 EAST, LESS THAT PORTION LYING NORTH AND EAST OF U. S. 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