Resolution 1997-4573
DEVELOPMENT ORDER NO. 97- &
RESOLUTION NO. 97- 45Y
A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1, AS AMENDED, FOR
THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR:
SECTION O1TE, AMENDME1TTS TO DEVELOPMENT ORDER BY AMENDING PARAGRAPH
4, FINDINGS OF FACT TO SHOW REVISED ACREAGES ATTRIBUTABLE TO THE
VARIOUS LA~D USES WITHIN THE DEVELOPMENT AND AMENDING PARAGRAPH 4,
B1~RRICANE EVACUATION/FLOODPLAINS, CONCLUSIONS OF LAW RELATING TO
THE PROVISION OF HURRICANE SHELTERS~ SECTION TWO, FINDINGS OF FACT~
SECTION THREE, CONCLUSIONS OF LAW~ AND SECTION FOUR, EFFECT OF
PREVIOUSLY IS~umu DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF
COMMD~NITY AFFAIRS AND EFFECTIVE DATE.
WHEREAS, WCN Communities, Inc., (herein "WCN") filed on
November 30, 1993, with the County of Collier an Application for
Development Approval (ADA) of a Development of Regional Impact
(DRI) known a Pelican Marsh Community in accordance with Subsection
380.06(6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-1 (the "Development Order')
for the Pelican Marsh Community DRI on January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-5 by Resolution No. 95-555,
amending Development Order 95-1, on September 26, 1995, to change
the legal description of the Pelican Marsh Community; and
WHEREAS, WCI Communities, a limited partnership (herein "WCI")
the successor in interest to WCN desires to amend the legal
description of the Pelican Marsh Community to delete a 3.4 acre
parcel of land, to make certain revisions to the plan of
development and Development Order for the Pelican Marsh Community
and to make certain changes to the amount of development approved
herein; and
WHEREAS, WCI, through its authorized agent, has filed its
application and notification of a proposed change to Development
Order 95-1, as amended, which is attached hereto and incorporated
by reference, marked as Exhibit "A"; and
WHEREAS, the Board of County Commissioners as the governing
body of the unincorporated area of Collier County, with
jurisdiction pursuant to Section 380.06, Florida Statutes, is
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words underlined ars additions; Words ~ are deletions.
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authorized and empowered to consider proposed changes to the
Pelican Marsh Community DRI Development Order 95-1, as amended; and
W~EREAS, the Collier County Board of County Commissioners has
passed Ordinance No. 97-79 on December 9 , 1997, which
amended the PUD zoning for the Pelican Marsh Community approved in
Ordinance No. 95-4 on January 24, 1995; and
WHEREAS, the issuance of a development order pursuant to
Chapter 380.06(19), Florida Statutes, does not constitute a waiver
of any power or rights regarding the issuance of other development
permits not consistent herewith by the County or State; and
WHEREAS, on Decca)er 9 , 1997, the Board of County
Commissioners, at a public hearing in accordance with Section
380.06, Florida Statutes, having considered WCI's application and
Notice of Proposed Changes to the Pelican Marsh Community
Development Order 95-1, as amended, and the record made at said
hearing, and having considered the record of the documentary and
oral evidence presented to the Collier County Planning Commission;
the report and recommendations of the Collier County Planning
Commission; the report and recommendations of the Collier County
Staff and Adviscry Boards; the report and recommendations of the
Southwest Florida Regional Planning Council, the Board of County
Commissioners of Collier County hereby approves the following
Pelican Marsh Community Development Order, as amended:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4 of the Findings of Fact Section of
Development Order 95-1, as amended (Resolution 95-71, as amended)
is hereby amended to read as follows:
4. The applicant proposes the development of the
Pelican Marsh Community consisting of ~ ~.072 acres~
Pelican Marsh includes ; 50 80 acres of r~ta., commercial
'activity center" use which will ........
following land uses: up to 345.00Q square feet of gross floor area
= c..ice., of ~etail commercial
(GFA) ; 20 acrcs
......... ~ ~nn use: UD tO 200 000 square feet of GFA~
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~OO,OeO :~;=r: '--~ of office commercial use. with UD tO 50,000 GFA
of medical office use; 2~9 ~ hotel rooms; 5,~00 rc=idcntial
~"-~= ..... :~-- and an 80,000 ....... ~-~ QFA Cultural Center
(Attraction Facility) with 750 seats and 400 par}.ing spacesT
mu...-.c -c.. csurscs; ~-~ ~. The Pelican Marsh Communi=v will
contain a maximum of 5,100 residential dwellin~ units: 63 holes of
~olf and clubhouse~; 3~0,4 acres of conservation area, (some of
which is within e an FP&L easement),~.:~ 114.2 acres of open space~,
'~ ............. ); and a 20 acre school site.
B. Paragraph 4, "Hurricane Evacuation/Floodplains" of the
Conclusions of Law Section of Development Order 95-1, as amended,
(Resolution 95-71, as amended) is hereby amended to read as
follows:
4.
HURRICANE EVACUATION/FLOODPLAINS
A. The applicant -~-~ construct ~- -~- -~..~
has provided for the donation of the 20 acre sit-
of the Pelican Marsh Elementary School to the
Collier County School Board, The Pelican Marsh
Elementary School consistin~ of ,148,200 sGuare feet
of ~ross floor area has been constructed on
site and is in operation. The CollicF County
Office of Emergency Management has approved and
accepted the Pelican Marsh Elementary School a~ a
hurricane evacuation shelter, The applicant's
donation of this school site satisfies and
completes the applicant's obligation to Drovid.
hurricane shelter space for the residents of
Pelican Marsh CommunitY,
3
Words ~ ars addtttonsi Words ~ are deletions.
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E~..crgcncy .~.ana~cmcnt ~
C. Thc ~rtlcn
cmcrgcncy .......... ~ ~
.~ - ........ cncra ~ ion, ccmmunicat ions,
---: ..... ~-~it:-- and ~iru~ aid ~--'~
8 ~. The applicant, or The Foundation of
Pelican Marsh (property owners association) shall
annually distribute to all residents Collier
County's "Hurricane Info~ation" document, which
provides info~ation on the need for residents to
evacuate, preparations for an approaching sto~,
and hurricane evacuation routes, should residents
desire to leave the development.
~ ~. The hotel management shall distribute Collier
County's "Hurricane Information" document in the
event of a hurricane emergency. At a minimum,
hotel management shall recommend early evacuation
for all rooms at elevations below 14.8 feet N~.
Hotel management shall:
(1) evacuate all guests;
(2) provide shelter space for evacuated ~ests in
upper floor interior hallways and unoccupied
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words ~ are addftfons; Words ~~ are deletions.
rooms not exposed to direct wind impact; or
(3) direct guests to shelters in the project.
~ ~. The applicant shall meet with the Collier County
Office of Emergency Management, as appropriate, to
coordinate the use of any excess shelter space (if
available) by the general public.
~ ~. All deeds to property located within the Pelican
Marsh Community shall be accompanied by a
disclosure statement in the form of a covenant
stating that the property is located in a hurricane
vulnerability zone, that the hurricane evacuation
clearance time for Collier County or the Southwest
Florida Region is high, and/or hurricane shelter
spaces are limited.
~ ~. All units will be required to have finished first
floor elevations at or above 11.0 feet due to SFWMD
and FEMA requirements for water management and
flood control. This elevation requirement results
in the units being above 11.0 feet, the minimum
Category 3 Flood Zone according to SLOSH, which
enables them to qualify for vertical evacuation
under the Special Hurricane Preparedness District
in Rule 9J-2.0256, Florida Administrative Code.
~ 2. All commitments made by the applicant within the
ADA and subsequent sufficiency round information,
related to Question 16 (Floodplains) and Question
23 (Hurricane Preparedness), and not in conflict
with the above recommendations, shall be
incorporated into the development order as
conditions for approval.
SECTION TWO~ FINDINGS OF FACT
A. That the real property which is the subject of this
amendment petition is legally described as set forth in Exhibit
"A", attached hereto and by reference made a part thereof.
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Words ~n~erlined ars additions; Words ~ are deletions.
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B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The development of Pelican Marsh Community on 2,072 acres
of land shall include the land uses described in the above Findings
of Fact at paragraph 4.
D. The requested amendment to the previously approved
Development Order is consistent with the report and review of the
SWFRPC.
E. A comprehensive review of the impact generated by the
requested amendment 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.
SECTION THR~E~ CONCLUSIONS OF ~AW
A. The requested amendment of this previously approved
Development Order is consisten: with the report and recommendations
of the SWFRPC and does not constitute a "substantial deviation"
pursuant to Section 380.06(19), Florida Statutes.
B. The proposed amendment to the previously approved
Development Order will not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
C. The proposed amendment to the previously approved
development is consistent with the Collier County Growth Management
Plan and the Land Development Regulations adopted pursuant thereto.
D. The proposed amendment to the previously approved
Development Order is consistent with the State Comprehensive Plan.
SECTION FOURs EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 95-5, as
amended shall remain in full force and effect, binding in
accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over all other applicable
Wowds ~ are addi2ions~ Words ~ are deletions.
previous and subsequent Development Orders which are in conflict
thereof.
B. Copies of this Development Order 97-4 shall be
transmitted immediately upon execution to the Department of
Community Affairs, Bureau of Land and Water Management, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by
law.
BE IT FURT~ER RESOLVED that this Resolution be recorded in the
minutes of the Board.
This Resolution adopted after motion, second and majority
vote.
Done this ~ day of
ATTEST: ",'%'
DWIGHT. E. 'BR''K, Clerk
~p~rove~d. a"' tO form and
legal ~sdff iciency:
~ , 1997.
BOARD OF COUNTY COMMISSIONERS
COLL I ER~COUNTY, FLOR I~DA
TI~OTHY/~. COCK, C airman
/
Marjo~ie M. Student
Assistant County Attorney
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Words underlined are additions; Words e~e%*ek-~m*~g& are deletions.
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FORM RPM-BSP- PROPCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerwiew Drive
Tallahassee, Florida 32399
904/488-4925
Subsection 380.06 (19), Florida Statutes, requires
submittal of a pr~poled change to a previously approved DRI be made
to the local g~vernment, the regional planning agency, and the
state land planning agency according to this form.
1. I, ~eorgs ~-. Farna4~e, the undersigned owner/authorized
representative of W~ZZ Coanunities, L~mited Partnernfu[p, 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 Psllumn Marsh development, which information is true
and correcu to the best of my knowledge, i have submitted today,
under separate cover, copies of this completed notification to
Collier County, to the Southwest .Florida Regional Planning .Council,
and to the Bureau of State Planning, Department of Community
Affairs.
Exhibit "A" .-
CO~9~,'T~D AP~O~ OF
This Co~sent and Appointment of Agent is made this
__~_~~, 1997 by WCI Co~nunities Limited
(herein~Xter referred to as the
~da, y of
Partnership
WITNESS ETH
W]IEP. EA~, the Owner has a mailing address of 24301.Walden
Center Drive, Bonita Springs, Florida 34134; and
WHEREAS, the Owner owns approximately 2075 acres of land
located in Collier County, Florida, more particularly described in
Exhibit "A", attached hereto (hereinafter the 'Subject Property"),
which land is located within the Pelican Marsh Development of
Regional Impact ("DRI") which was approved in Development Order 95-
i issued by Collier County on January 24, 1995; and
~, the Owner intends to carry out development on the
Subject Property described in Exhibit "A" which will require
changes, amendments, or additions to the Pelican Marsh Community
PUD and DRI Development Order 95-1, that were issued by Collier
County, and in addition, may require approvals or actions by other
· agencies of the state of Florida and agencies of local government;
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 the 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 the DRI Development
Orders previously issued b~Collier County for the Subject Property
described in Exhibit 'A=.
NOW~FORE, 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 AGENTS
1. George L. Varnadoe and the law firm of YoUng, van
Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive,
Suite 300, Naples, FL 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 of the Owner's plan of
develo~nt for the Subject Property described in Exhibit "A".
2. George L. Varnadoe and the law firm of Young, van
Assenderp& Varnadoe, P. A., are authorized to representand to act
as agents for the Owner with their full authority before any and
all governmental entities, and any agencies of the state and
federal government as maybe appropriate and reasonably related to
obtaining approval of proposed development on the Subject
Proper~ies, including a~endments to the DRZ 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:
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 Secretar~ of State and all other .Cabinet
level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENC~ OF CONSENT TO AND APPOINTMENT OF THE AGENT named above,
the Owner, WCI Communities Limited par~nership has signed below.
WCI COMITIES LIMITED PARTNERSHIP
WITNESSES
Signature
Printed Name
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Applicant (name, address, phone).
WCX C~itiss, Limited Partnership
24301 Walden Center Drive
Bonita Springs, Florida 34134
(94l) 947-2600
Authorized Agent
~eo~e L. Varnadoe
Young, van A~senderp & Va~e, P.A.
S~eC ~il~
80X ~eX O~ ~ive, Suite 300
~le., ~i~ 3Aloe
(94X) 587-2814
l~ocation (City, County, Tovnship/Range/Section) of approved
DRX and proposed change.
The Pelican Marsh C~t~F is located in Sections 2S, 27, 34,
3S and 36, Township 48 Sou~h, Range 25 East, Collier Count,
Florida.
Provide a couplets description o£ the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, co~nenceuent date, buildout date,
cleveloI~nent order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Depax~cment or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
Tho~elA~auMarsh Coammni~DRXwaf approved by Collier Coun~
on manuary 24, 10OS, An Resolution No. 95-71,
Development Order 9S-1. Severe1 ~m~h~ after ~he Pelican
Marsh Cc~muni~y DO ,I, ms issued, th. applicant entered Ante a
· oundarF Settlement A~xee~nt wA~ ~he adjacent proper~lf owner
to ~ha north o£ ~he pro~ect. A ~otice of Proposed ~e was
~ah~ttted to incorporate the new bcmm~x~. CoLlier C~unt~
ap~Fr~vedtheNOPConSe~tember 26, 199S, ~, ResolutAon No. 9S-
SSS, appwc~in~DevelopeaentOrder 9S-S, vh~h relu.l, ted4~na net
addition of one acre vAtb/n the southern bc.~-~.Ty of ~elAcan
Marsh be~weenU.S. 42 on thew oat ana OoedAet~e-rran~~on
t~mo east. Development Older 9S-S i2~rease4 t. he faze of
PelicanMarsh Community by one acre to a total of 2,07S acres.
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Bignificant development of the Pelican Marsh Co ....... ,~tt7 has
occurred during the past 2~ years primaril~ on the western
portion of the site. The opportunity to create a destination
golf resort on the land east of Airport-Pulling Road and a
desire to refine the previously approved plan of deve.lopment
have led to this Notice of Proposed Change. The changes
proposed in this NOPC, described below, will result in a net
decrease in the amount of approved development, accompanied b~
a decrease in impacts resulting therefrom, while increasing
the acreage of recreational uso, the areas set aside for
preservation, and the &creese of miscellaneous "open space."
The total number of residential dwelling units at PeXican
Maxsh is being reduced from 5,600 units to 5,100 ,,-its (a
decrease of 500 units). The proposed DO amendments wiX1
maintain the same 80-acres of "activity center" use approved
in ~ha original 1995 Pelican Marsh Development Order/PUD. The
authorized maximum amounts of retail and office uses within
the activity center will be decreased while adding some hotel
units and increasing the applicant's flexibility to relocate
r. he approved cultural center to within the designated activity
center. The proposed amendment requests ~hat the designated
activity center contain the following land uses and
magnitudes, 345,000 square feet of retail uae (a decrease of
230,000 a.f.)~ 200,000 square feet of office use, of which up
to 50,000 may be m~dical office use (a decrease of 150,000
s.S.) ~ and 400 hotel rooms (an increase of 120 rooms).
The golf course use, curren:l¥ 36 holes ou approximat..,l¥ 346
acres, is proposed to be increased to 63 holel on approxi-
mtaly 572.4 acres, an increase of 27 holes and 226.2 acres.
The preserve acreage is being increased by 36.4 acres, from
294 acres to 330.4 acres. In addition the amount of
m/ecellaneous open space will be increased from 59 acres to
114.2 acres, a gain of 55.2 acres.
The revised Pelican Marsh Master Plan also designates a 4.7
acre parcel at the southeast corner of ~he Vanderbilt Beach
Road/Ooodlette-FrankRoadintersectionfor "CF" use (60 ...... ,nity
facility).
A very minor boundaz-fchange on the southwestern perimeter of
the westernmost parcel will result in a deletion of 3.4 acres
from the Pelican Marsh Community, reducing the total size of
~he project to 2,072 acres. No land is being added to Pelican
Marsh by this NOPC and all other changes proposed to the
Pelican Harsh Master Plan occur within the boundaries of the
project approved in the 1995 Development Order.
The proposed changes to the Pelican Marsh land uses are shown
in the chart below, which compares the approved land use
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amounts contained in Development Order 95-1 to the requested
land uses that will result from approval of this N0PC.
~ U~ ^utho~i~ ~ 199S DO 9S-! 199~ NOPC ~GE
~ ~ ~4 ~ 330.4 ~ +36,4
AX1 of ~he above land use changes to the Pelican Harsh
Cc~uni~ are depicted on ~he Proposed Kester Plan, attached
The reduction of SO0 residential units, coupled vir. h the
significant decrease in bo~h retail and of£ice usel will
result in a substantial reduction in ~hs transportation and
ocher impacts generated by ~he Pelican ~arsh Comauni~ which
v/il more ~hAn offset the proposed addition of a X20 hotel
units. A revised transportation analysis des~rnstrating ~he
reduced traffic impacts of Pelican Marsh, prepared by David
Plu~er and Afsociates, ks attached as Exhibit 3.
The original Pelican M&rsh Development Order required.~hat ~he
golf course clubhouses, or other approved buildings be
utilized as hurricane evacuation shelter space. Collier
County has agreed to accept the Pelican Harsh Elementar~
School (approximately 148,000 square feet) as shelter space in
lieu of the golf couxse clubhouses. The Development Order
vordAng is being changed to reflect Collier Coun=y' ·
acceptance of the Pelican Harsh elementar~ school site for
thim lmz'pose, LGd satisfaction of the shelter space mitigation
requAremant.
The proposed changes to the Pelican Marsh DRZ will reduce, and
vail not result in tony net increase o£ the i~pacte generated
b~ ~he development. These changes do not constitute a
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substantial deviation pursuant to Subsection 380.06 (19),
Florida Statutes.
Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the developmept. If
no change is proposed or has occurred, indicate no change.
See the attached substantial deviation determination chart.
List all the dates and resolution numbers (or ~ther
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government Jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The Pelican Marsh C~--~nity r~mains entirely wi~tn the
Juriedictio~ of Collier C~ty. ~rm is ~ m~ti~l l~d
bl~ a~ed ~ ~il Notiut o~ P=~osl~ ~a. A ~or
b~~ correction to the s~e~ b~~ of ~e wlsCe~
parcel ~11 reeul~ ~ a decrease ~ size of ~e Pelic~ ~sh
C~i~7 ~ a~rox~=ely 3.4 acres. ~a pr~ose~ c~es
~e all c~a~ed wi~ ~e original b~dariea o~ ~e
Pelic~ ~rsh C*~--~i~7 DaI, aa a~r~ed.
There has bee~ one previous Notice of Proposed Change to the
Pelican Marsh CoA--unity which resulted in an additional one
acre being added to the northern boundary of the western
parcel, between U.S. 41 on ~he w~st and ~oodlette-Frank Road
on the east. The previous NOPCwae the result of a Boundary
Settlement A~reea~at with the ad~acm~t property owner to the
north, which resulted in the exchange of approxAmately 9 acres
of land from each land owner to the other, with the net result
being an increase of one acre to tho Pelican Marsh Coi.~mity.
The notice of proposed change was approved bM Collier County
on September 26, 1995, i~ Resolution 95-555 approving
Development Order 95-5. There have been no other changes or
amendments to Development Order 95-1 since it was issued bM
Collier County on January 24, 1995.
Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
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Il ........... J.II ....... l .................... J]l.ll_ iLL ............... J.~__ . J[[ ............................................
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10.
11.
12.
13.
No additional land has been purchased for option by WCI
C-c- .... ~,-ities, Limited Part. nerehip, within ~ mile of the
original DRI site since =he alrproval by Collier County in
January of 1995.
Indicate if the proposed change is less than 40% (cumul4tively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19} , Florida Statutes.
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19} (e)2.,
Florida Statutes?
YES NO ~
Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new buildout or phasing dates.
No. The Development Order remains in effect until January 24,
2010, fifteen years from the date of its adopCion on January
24, 1995.
Will the proposed change require an amendment to the local
government comprehensive plan?
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code:
An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
See attached revised Master Plan, marked as Exhibi= 1.
Pursuant to Subsection 380.06(19)(f), Florida gtatutes,
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:
All proposed specific changes to the nature, phasing, and
buildout date of the development; to development order
conditions and requirements; to co~m. itments 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
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of units; and other major characteristics or components
of the proposed change;
Sea ~he enclosed revised Master Plan, Exhibit 1; also see
&11 proposed wording changes contained in the revised
Development Order attached as Exhibit 4. '
An updated legal aescription of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
A minor ~eletion of 3.4 &ares from the Pelican Marsh
Coaazunit¥ is rs£1eated in the reviled legal description
for ~he Pelican Marsh Community att&obsess Exhibit 2.
A proposed amended development order deadline for
commencing physical development of the proposed changes,
if appiicable;
Not applicable. Development commenced pursuant to & pre-
developemnt agreement entered into in 1993.
A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
Not applicablel no change is requested.
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
Not applAcable~ no change ie requested.
Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (?), F.A.C.
No change.
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........ I ......... ] ....... !. I I_11~ ...... II ........ ] ........]1 ........... !_1 ........ l~ I
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"1
PELICAN MARS~
LEGAL D~ON
00'39'12' West 827.69 feet;
thence reaving said tine North 89'20'45" East 3844.57 feet to thc ,w~tcsiy right-of-way line
1) South 05'34'4r' East 3545.96 feet to th~ south line of ssid Section 27;
2) South 05'33'10" East 2~2.17 feet;
3) southnqy 620.87 f'ect along the m'c of a circular ~ ~ ~ ~ n
radius of 2799.93 feet through a central angle of 12'42'18" and bein~ ~ by
a chord which bears Sou~ 00'47'59'* West 619.60 fect;
4) South 07'09'08" West 1675.64 feet to thc bo~ line of the plat of Pine ~
Second ~ ns recorded in Plat Book I0, i~ge 86 of the Public ~ of
~ a~ons ~ ~ of said P~ ~dse Second Extc~on in tt~ following ~.ht (S)
!)
2)
3)
4)
~)
7)
thence leaving said plat boundm-y North 00~3'39" West 707.85 feet;
thcn~ South 89*33'32" East 336.SI fe~
thntce Nor~ 00'26'28" East 180.64 feet;
South $9~50'58'' West 88.21 feet;
North 31'34'00" West 120.19 feet;
North 05'37'10" West 956.47-feet;
South 74'46'39" West 379.98 feet;
South 1204'43" Fast 23.53 feet;
Sotnth 87*09'43" West 272.40 feet;
~y 1854.46 f'c~t alon~ the arc ofa noo-~mg~ntial circttlar ~ ~
~ havi~ a radius of 1640.26 fee~ through a cenffal angle of 64'46'40"
md beinS ~ by · ~ which beats North 48'50'02' West 1757.26 feet;
Nerth 81°13'22" West 737.85 ~.t;
thence northerly 37.60 feet alou~ the arc of a chv_~!~ curve coucave ~ ~ a ~
of 1~0.~ f~ ~ a ~ ~ of 16~4'1~ ~ ~ ~ ~ a ~ ~
~ ~ 0~3~ ~ ~.47 ~
~~ 1~4~ ~ 181~I f~
a~~~N~ ~' W~ 5~ ~
~~418.~f~~~~a~~~~
a ~ ~ ~ ~ 6~5~' Wm 414.10 f~
~ N~ 4~5~ W~ i~.03 f~
~ ~y 615.1~ ~ ~ ~ ~ ofa~ ~ ~ ~ ~ a
~~.~~a~ ~ of 42*~"
fi~~ ~ of U~. 41;
~ ~ ~ ~ ~ ~~' W~ ~5.~ ~ m ~ P~ of ~
~ AND EXCEPT ~ thst part of Pelican Marsh Uni~ Five as recorded in Plat Book
22. ~ SS through 89 Public Records of Coili~ County, Florida being rno~ ~
deso, ibed as follows;
BEOfNNINO at th~ ~y corner of said Pelican Marsh Unit Five;
thence alor~ the botmdary of said Pelican Marsh Unit Five South 89o33'32" East 306.56
feet Io a point on the west line ofTract WF-I 0)raina~ Easement) according to the Plat
of Orand Isle ~t Pelican Mats~ Plat Book 24, pages 67 thrmJ~ 70, Public Records of
thence aJong said line g~q~th ~'00" East 481.17 feet to a point on the north line of
Tract "B" (Vande~tt Beach Road) accordin~ to the Plat of Pellcan Marsh Unit Five, Plat
Book 22, pages 88 through 89, Public Records of Collier County, Florida;
to the southeast, having a radius of 2430.00, through a cenu-al angle of 07°! 3'26'' and
bein~ subtended by a chord which bears South 8g*15'16" West 306.17 feet to a point on
the bom]da~ of said Pelk:~ Maflh Unit Five;
thence alon~ said line Nos~h 00~03'39" West 492.87 feet to the POINT OF BEG~O
Subje~ to easements ay~d restrictions of record.
Bem'inp are hued on the north line of said Pelican Mat~ Unit Five ~-'~R South
8~°33'32' Elst.
~2
2
12C
~ WI'I'H THE FOLLOWING DESCRIED PARCEL:
~nac~ along said vnat tine North 00'39'12' West 827.69 feet;
thenoe ~ said line North $9'20'45" F_,tm 577.78 feet to the POINT OF BEGINNING
I~moe Nort~ 57~475g~'' East 46.9'2 f~
lhcnm North 68'3.,~'21" East 110.~ ~
·cnce Nort~ 00~9'12" West !r/.52 feet;
~ Not'~ 77'43'40" East 573.0g feev,
·mca South 72'$9'03" East 785,4~ feet;
theac~ North 8920'45"
lhmce South
thence South 8902O'45'.
~st ~7.7t fret;
East 503.78
East
~est 1957.22 feet to th~ Point of Beginning ofth~ pan:~ l't~in
AND LESS TI-[E FOLLOWING TI~ (3) D~ED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and
being mor~ particularly described as fotlows:
Cotmneacing at the wmt on~ qu,'~m' c~nez Section 27, Towmhip 48 South, ~ 25 East;
thence along th~ ~ tine ofsaia Section 27 North 00039'12" West 827.69 feet;
thence leaving said secticm ~ North 89'20'45" East 55.00 feet to the Pcrint of Beginning
thence North 89'20'45" East 366.45 feet;
thence ~ ~9'i5" East 34.09 feet.;
Exhibit 2
3
thenc~ southeast~y 47.35 feet along the ~x: ofa n~sngential ~ curve cx~:ave
~y having a radius of 70.00 feet through a omla'al angle of 3g~45'23'' atzt being
~ by a chord which bcm~ South 64019'09. East 46.45 feet to a point of~
ttza:~ souttm'ly 259.g.3-53 feet along the are ofa ch.~im, curve corM:ave westerly baying a
rsdim of 197.21 feet ~ a cctm. al ngJe of 7~24'06' and bein~ ~ by t cfaxd
which bern South 07~14'2.3" Em 241.20 fu~t ~o a po~ ofrevu~ cm. vm~
thmce ~ 1~1.40 feet ~ lh~ an: ofa ~em'v~ eoma~ ~ ~a
radius of 130.00 feet through teemml angle of 66~43'37'' and being sulmnfl~ by a chad
which bears South 02'~4'0~' East 142.99 fe~to a point oftz'vzr~ cm~tm~
md~ of ?0.00 feet ~ a central ~e of~'12' ~ ~ ~ ~ a ~
which beazn ~kx~th EP~6'IO' We~t 10~.98 feet;
thrace ~ 62'0gl 6" West 75.07 f~et;
thm~ souflz~y 48.75 feet along thc an: ora c:irculnr cm'v~ coat:ave eas~ having anufim
of ~O.00 f~t through a cctm.al mgic of 93'06'13' and ~ mbtend~ by a chord 'Mxk:h
bents ~ 15"J5'I0" West 43.56 feet;
~nce ~8 Somh 30~75S' Em ~4.'79 fact;
thence southerly 19.94 feet along th~ at~ of a c~:ular curve concave we:stay having a
radim of ~0.00 feet through a ccnu-al angle of 14'16'43" sad being sx~e:txled by a chotxl
wl~:h bean ~ 23049'37.. East 19.19 feet;
thm~ a~ ~ ~ ~*13'14' ~ 158.41 feet;
~ 8outh 81'52'$1" East 110.90 feet;
thence North 90'00'00" West 394.57 fcet;
thn~ North 00'00'00' East 271.73 ~
thm~ North g4'13'14" West 120.32 feet;
thence ~xtth 33005'40- West 54.13 fe~t;
thm~ ~ 76*56'51" West g9.04 feet;
~ N~ 58~5~1' W~ 65.19 f~
~ N~ ! 5°31'55" W~ 74.80 f~
~ ~ ~41'41' W~ 115.24 f~
~N~ ~4~ ~ 171.51 f~
~ N~ 1~1 I'45" W~ 1~.79 f~
~ N~ 13~52' ~ ~I f~
~ N~ ~14" W~ 54.78 f~
~ ~ 4~16'08' W~ 11Z78 f~
~ ~ ~4~" W~ 53.~ ~
~ N~ 5~4~ W~ ~.49 f~
4
uSeace North 00'39' 12 ~ We~t 303.49 feet to the Point of Beginni~ of the area herein
cou~ Com~, Fkx~d~ ~ ~o~ 00'3~2"
s~d t~ t~o~h Sg'2~4S" E~ 24~.~ ~ ~ ~ ~ OF B~O
74'~42' Wm 121~2 ~
7~4V51" W~ 45.93 ~
~n~of~.~ ~~a ~ ~3~ff16" ~~~~a
~~~N~~I" W~ ~.61 ~ma~of~~
~~5~ f~~~ofa~~~~ ~
~ ~ 1~.~ ~~ a~~ of2~I~5~ ~ ~
of~.~ f~ ~ a ~ ~ ~3~'13" ~ ~ ~ ~ a
38.16~~~~a~~~~m~~
of~.~ ~ ~ a ~ ~e of36~lg" ~ ~ ~ ~ a
~ ~ M' 16~" W~ 37.52 f~ m a ~ of~ ~
~a~of~5.~ ~~ a~ ~I~5Y5~ ~~~~
~3'1~ W~ 18~6 f~
~11" W~ 71.63 f~;
8~5~3' Wm 36.03 f~
~3" W~ 4~ f~
83~'~" W~ ~ f~
ltznce South 5 I"01'0Y' W~ 27.49 fcc-t;
thence South 33'25'42" West 19.95 fee~
then~ South 15'3~'5'P West 20.54 ~
thence South 10'54'31" West 34.64 fget;
thence Sou~h ~20'06" West 101.06 feet;
l~moe ~ 10'453r East 101.42 feet to th~ Point of Beginning of the Ire'cci ~
Subject ~o easements and regrictions of r~cord.
~ OAS acres more or less.
Bearings s~ based on the west line of said Section 27 as being North (X}'39'12' West;
thence Nort~ 36'19'27"
thence North 56'04'43"
thence North 80.39'23'
thence North 88'39'20"
West 32.02 feet;
West 35.11 feet;
West 32.53 ~
West 97.78 feet;
thence North lt6'04'4g" West 45.79 feet;
thznce North g9~49'56" West 132.77 feet;
thence North 69'40'I ~" West 37.23 fee~ to the Point of Begi~ of the l:m'cel her~n
Sti~je~ to easements nnd t~ricfioos of r~x~d.
Comaining 0.38 acr~ mor~ c4' les~.
Bearings are Imsed on the w~st line of tatid Se~on 27 n~ being North 00'39' ! 2' West;
AND TO(}I~'THE~ WITH THE FOLLOWING DF_,,qCR~ED PARCEI4
Exlttl~ 2
6
BEOXNNING at the ~ corner of said Section 35;
R~nce along the north line of said ,Section 35 North 89o45"35'' East 5231.69 feet to the west
ri~-of-wsy ~ of Airport.~t~t~ ~ (C.R. 31);
thence ~ said w~tc~y right-of.v~ty ~ ~ 00~ 1'47" ~ 5258.31 feet to the so~th
~ of said Section 35;
tbenoe along s~l south ~ South 89O39'Z2" West 2541.65 feet to the south 1/4 comer of
said Set,on 35;
them:e ccs~im~ along said south Line South 89'39'32" West 2641.33 fe~t to
comer of said Sec6on 35;
~ along the south Line of said Section 34 Somh 89o51'02'. West 391.57 feet
boundary Line ofa pm~ describ~ in O.R. Book 524, Ixtge 121 of the Public Reconts of
~ continue ~ ~ boundary of said pm:el South 89'51'02' West 443.28 feet to the
easterly right-of-way ltne of proposed Goodlette-Frank Road as recocded in Plat Book 13,
~ 58 of~ Publi~ P.~ads of Collier County, Florida;
then~ contimss s~ng said eastn'ty right-of.w~y line northerly 649.69 feet along tl~ are ora
12'42'1 g" and being ~by a chord which bears North 00*4759" Ea~ 648.37 feet;
~noe con~t~ along ssid right-of.w~y line North 05~YI0" West 2628.44 feet to a point
on the north lin~ of said Section 34;
thence leaving said rig~-of-way ~ and along the north line of said Section 3 ~ South
89'31'31" Em 772.91 feet to t~ Point of Beginning;
~ 708.39 acres mere or ies~
AND TOOETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the nonbe~ comer of said Section 36;
~lznce along the east ~ of said Section, South 02' 12'03"
East 2671.63 feet to the east 1/4 corner 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 right-
of-way line of Vanderbilt Bench Road;
thenoe along said ~ right-of-w~/1/ne North 89~9'39" West 2855.35 feet;
thence comim~ along mid ~ North 89O43'59'* West 2544.87 fee~ to a point on the ~
thence along sa~d easterly right-of-way 1L~e North 00~1'47" West 4490.03 fee~ to the
~ corner ofth~ es~ 15 fe~ ofthe west 115 feet ofthe south 80 feet of the north
619.49 feet of said Section 36;
thmoe ~ the somh li~ of said land North ~9'2757" East 15.00 feet;
Exhiblt 2
7
theace along the east line of said land North 00'31'47" West 80.00 feet;
lhencz ~ the north line of said land South 8~275T' West 15.00 feei to the east right-of-
ofA
~ ~ong said rlg~of, way North 00~I'47" West 539.49 feet fo the north ~ of said
~ along said nor~ line North $9"27~7' East ~914.2~ feet to the ~ corner of
east i/2 of~ east I/2 of said Se~ion 2~;
~nee akn~ the w~st line offhe eas~ I/2 offhe east !/2 of said Section 25 North 01°54'09'
West 266~.19 fe~
· ns:e~ alon~ ~ ~ li~ of'tl~ e~t 1/2 oflhe east 1/2 of said Section 25 Nm~h
01'~?16" Wes~ 2567.(}6 feet to a point on the ~ right.of-way line of lmmokalee
~ (C.~.
~ ~os~sue ~ mid ~ lira of ~ 25 Bough 02'~Xl'4~" E~ 2670.97 f~ ~o ~
bearlngs~ ~ m ~ S~ ~ ~ 1993 datum 1990 ad~ O~ north
~ of Section 35, being Nor~ 89*45'35" Ease
~2
$
14L;
I
I~lllOl@ I I
[I
Ill
! Ill.. l!.l
: ilili :::
F:ele, m~ Idm'lh ~
__ ~__I ............ I l_lJl_l mil_ l ....... L ................. [IJJ ....................... I ..................
NOTICE OF PROI~Y~ED
TRAV~C STUDY
Projec~ t~97SIS
Augu~ 20, 1997
David Plummet & Associates, Inc.
IS31 Hendry Street
Fort Myers, Florida 33901
mr. hibit 3
PELICAN MARSH COMMUI~ITY
NOTICE OF PROPOSED CHANGE
TRAFFIC STUDY
Re$identinl
Single Fs.'nily !,200 d.u.
Multifamily 4,400 d.u.
Hotel 280 rooms
Office
Medical Office
Cultural Cen~r
80,000 sq. fl.
Golf Course
36 holes total
Health Club 5,000 sq ft.
Tennis 18 courts
Pazk 20 ~'rcs
12C 3
Study Ob_iective
Originally approved for the above ~dcnt~fied land uses, Pelican Marsh Community is proposing to
reduce single-family and multilramily r~idential units and retail, office and medical office square
footage. At the same time. thc commumry is proposing an increase in hotel units and golfholes and
the designation ora 4.7 acre parcel for "community facility" use. Also, the plan has been re'vised
to reflect the construction of the Pelican Marsh Elementary School, which is in operation on a 20-
acre parcel.
The putix)se of ti'ds study is to determine what effect the proposed land use changes w~in the
Pelican Marsh Commtmity will have upon extmml trips that will be generated by the Ptojecc Since
d~e cxtmlal trips are being reduced substantially from what wu origL,,mlly approvecL there will be
fewer I/'4~c impacts, as a result of the change, ti'mn were originally forecasted.
Land Use Parameter~
A compa, isonof the qaxoved etd revised Lind use pm-amcters is~ in F_xlu*bit 2. Foru'a~c
analysi~ purposes, bui]daut is considered to be the year 2008. No change in the andcipsted buiidout
year t'or tr'a~c purposes, therefore, is contemplated.
Trio Generation Comparison
The peak hour trip generation associated with the revised development patnmete~ was ca culated
and compared to the trip generation associated with the originally approved DR.[ parameters.
]'he trip generation associated wtth the revised development parameters for Pelican Marsh
Community (Exhibit 3) was calculated using contemporary trip generation factors from ITE ~
OgZlgflJjg/L Fifth Edition. The resultant nips were then compared to the approved traffic forecasts
for Pelican Marsh Community rcq~'ted in the South~ Florida Regional Planning Council Staff
As3essment, wizich tre also based on ITE THp C, enerafiOrL Fif~ Edition. The approved total.
internal and cxlcmal trips for Pelican Marsh Commtmity were derived from Table l-[-I in the
[:)evelooment of' Re_eional Impact ^,t__*,rssment tot Pelican Marsh Community (! 1-9394-123),
~lovember 1994, prepared by the Southwest Florida Regional Planning Council. This trip generation
comparison is summarized below.
Trip Gen,:ration Comoarison
Two-Way PM Peak Hou~
Total 5,487 (~") 4,594 ~) -893
Internal 944 799 o) N/A
~ 4,543 ~' 3,795 -748
Pus-By 394 410 rn NIA
Ne~ Ncw 4,149 (~) 3,385 -764
-16.3%N/A
-16.5%
N/A
-18.4%
~ ~1~ ~sdl' MMm~sm. TM~0~ 14- I
Based on thl, comps,,'i~on of the approved PM peak hour trips under the original RPC Staff
~~nt and ~ PM peak hour ~ps based on t~e revised development patnm~ being
proposed for the Project, a reduction of 18.4 petce~ in net new~ trips is expected as a resuh
of the change in Project development parameters.
As indicated above, the follow~ng conclusion~ ~re appsn:nt.
The revised developnx:nt ~ using contemporary trip generation factors (i.e.,
ITE ~ Fifth Ed~tlon), are expected to gcnerate 18.4% fewer peak hour
net new external nips than ~ approved dcvelopment parameters, also using
contemporary ITE ~ (Fifth Edition) trip rates and adjustments, as per
the RPC Staff A.tses~ent.
The revised development parameters clea:ly result in less than a "...i 5 p(:~'cent
increase in the numbcr of external vehicle trips.., above that which was l:n'oject~
development does noL 6'om a tnt~c standpoint, result in a substantial deviafi~ ~om
the original
97SIS Pf.L.I~C.R, FT
PI~LK~AN IdARBH C:OIIIMUN1T~ LOCATION MAP
120
1 ........ 1 ....] ............. 1_~[ ........... III!1 I/!!_!~ ..... I I
12C
PELICAN MARSH COMMUNITY
SUMMARY OF REVISED DEVELOPMENT PARAMETEI:tR
Stifle F.mil7 !,~0 d.u. 900 d.u.
Multifamily 4,400 d.u. 4~ d.~
~ ~ I~,~ ~. ~ 50,~ ~. fL
H~I 280 r~ms 4~ r~
CuI~I Center 80.~ ~. rt g0.~0 sq. fi.
H~I~ Club 5,~ ~. ti 5,000 ~. ~.
T~ ! 8 ~ns 18 cou~
~lf 36 holes 63 hcl~
P~ (n 20 Acres 0 Ac~
~1 m 0 Sm~n~ 950 St~
~m 0~. ~. 50,~ ~. fL
-300 d.u. -25.0%
-200 d.u. -4.5%
+120 rooms +42.9~
N/A N/^
N/A N/A
N/A N/A
+27 holes +75.0%
-20 Acres - ! 00.0%
+950 Students N/A
~-$0,000 sq. fL N/A
wi Tbl I~euved ~tail Ik~r ~ta ts S7S'0OO *q' IL °f Imm tl°or ~fen ((}lrAk of wh~c~l ~O0.~O0 q. R. is ~ ~ ~ m (~) GLA
120
SIqGLE,.FA&Ly4~rTAc:2.ED 2 $ 0 ~0
710 ~90.(XX)
310 400
OU. TOTAL
IC'UqN~. klS~
~- I~C. FAO.
(I!
~OI 274 713
?qlb 3~ 32 14(2)
~ 32 32 MC3)
15 I 1 244)
4M 2ge esi
0% 0 0 0
M4 ~
31%
S4 S,4 108
?!1 3.11 1107
0 0 0
31 ~ 110
· 0 0
0 0 0
3 51 ~
0 0 0
3 $1 M
M1 MI f3~2
S3 S3 108 (2)
0 0 0
0 O 0
lOS eM, 12'14
2DS 2M, 410
403 403
10 JO 20 C23
0 0 0
0 0 0
33 1ga 231
0 0 0
33 114 231
· · 1i (2)
0 0 0
0 0 0
0 0 OM
SO 121 171
1S4 1~3 211
II) I2 12 24 (2)
115 12 12 24 (31
CrA 0 0 0
132 101 241
01) 0 0 0
1:12 101 241
10
0
0
2(4)
·
o
·
(I)
DM.Y
0
1222
811
0
0
0
811
14O43
112~ (2)
0
0
rio?
11~
0
0
t754
0
I?54
1112
0
0
14i3
1413
O
0
2010
I038
0
0
0
TOTAL
(I)
TYPE FA~TC~ Iq ~JT TOTAL
~,N,. 31 20
Iq11]tUq~- ~ O~ 0 0 0
~- IqlC. F~,. lO'l 27 27 SdS
Iq"rlEJqgq~. ~ Ir, tO, O'lb 0 0 0
~ 4 2
~ 01L 0 · 0
~ 4 2
TOT;L 31 2~ OQ
1'4'I'BqNK. · mst.. O11, 0 0 0
~.~F~ ~ 15 15 ~ ~
/4TITW~.- ~ F~ C~ 0 0 0
~ 0% 0 0 0
TOY)L 4l 44 12
ilrr~, ii~ O,lb · o ·
i~.c:x~pJ~ oil · · o
Ix~ 25 21
ffJId~ OS 0 0 0
(1)
DM.Y
41
0
0
0
M
0
0
0
0
7eo~
o
84
0
84