CCPC Agenda 05/16/2013 R CCPC
MEETING
AGENDA
MAY 16, 2013
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,THURSDAY,MAY 16,2013,IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE
CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES April 18,2013
6. BCC REPORT-RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. CU-PL20120001074: Community Congregational Church,a Resolution of the Board of Zoning Appeals
of Collier County, Florida providing for the establishment of a Conditional Use to allow a private school
and a childcare center within a Rural Agricultural zoning district pursuant to Subsections 2.03.01.A.1.c.10
and 2.03.01.A.1.c.11. respectively, of the Collier County Land Development Code for property located in
Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach,
AICP,RLA,Principal Planner]
1
B. PUDA-PL20120001126: Wentworth Estates Mixed Planned Unit Development (MPUD) -
Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida
amending Ordinance Number 03-51, as amended, The Wentworth Estates Mixed Planned Unit Development
(MPUD), by increasing the permissible number of dwelling units from 1,200 to 1,600; by amending Ordinance
Number 2004-41,the Collier County Land Development Code by amending the appropriate zoning atlas map or
maps by changing the zoning classification of an additional 5.3± acres of land zoned Rural Agricultural (A)to
the Wentworth Estates MPUD; by revising the Development Standards to make changes including an
elimination of the medium height density residential use which allowed 90 feet in zoned building heights and an
increase in building height for medium density residential from 45 feet zoned height to 50 feet zoned height;
providing for deletion of exhibits including Exhibit"A"Location Map, Exhibit"B"Boundary Sketch and Legal
Description, Exhibit "C" Existing Conditions Map, Exhibit "D" Topographic Map, Exhibit "E" Area Wide
Community Services Map, Exhibit"F"Aerial Photograph, Exhibit"G"Preliminary Drainage Plans and Details,
Exhibit "H" Preliminary Sewer Plans, Exhibit "I" Preliminary Water Plans, and Exhibit "K" Bald Eagle
Management Plan; by amending the Master Plan; and adding Exhibit"A"Development Standards, Exhibit"B"
MPUD Master Plan, Exhibit "C" Deviations, Exhibit "D" Water Managing Basins, and revising Developer
Commitments.The property is located on the southwest side of Tamiami Trail East(US 41)approximately
1-1/4 miles southeast of the intersection of Tamiami Trail East(US 41) and Rattlesnake Hammock Road
(CR 864) in Sections 29, 30, 31, 32, Township 50 South, Range 26 East, and Section 5, Township 51 South,
Range 26 East, Collier County, Florida consisting of 1563.84± acres; and by providing an effective date.
[Coordinator: Kay Deselem,AICP,RLA,Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
A. Petition DOA-PL20130000492: Halstatt/Grey Oaks Development of Regional Impact - Resolution
amending Resolution No. 90-292 (Development Order 90-3, as amended) for the Halstatt/Grey Oaks
Development of Regional Impact by providing for: Section One, Amendments to Development Order by
extending the Phase III completion date, the build-out date and the expiration date; Section Two, Findings
of Fact; Section three, Conclusions of Law; and Section Four, Effect of Previously Issued Development
Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is
located at the intersection of Golden Gate Parkway and Airport-Pulling Road in Sections 24, 25 and
26, Township 49 South, Range 25 East, Collier County,Florida. [Coordinator: Kay Deselem, AICP,RLA,
Principal Planner]
10. OLD BUSINESS
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. PLANNING COMMISSIONER COMMENTS
15. ADJOURN
CCPC Agenda/Ray Bellows/jmp
2
AGENDA ITEM 9-A
Co*r County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING®ULATION
HEARING DATE: MAY 16, 2013
SUBJECT: DOA-PL20130000492: HALSTATT/GREY OAKS DEVELOPMENT OF
REGIONAL IMPACT
APPLICANT &APPLICANT/AGENTS:
Owner/Applicant: Agents:
Halstatt, LLC John M. Passidomo and
2600 Golden Gate Parkway and Clay C. Brooker
Naples,FL 34105 821 Fifth Avenue South
Naples,FL 34102
NOTE: Many parcels within the DRI have been sold to others; Halstatt LLC is the owner of the
unimproved, unplatted tract located at the northwest quadrant of the intersection of golden Gate Parkway
and Airport Road and the converted name of the original developer, Halstatt Partnership. See the agent's
document in the application entitled, "Halstatt/Grey Oaks DRI D.O. Amendment Application,
Sold/Developed Information" for additional details. Other owners in the DRI include Naples Grande
Holdings LLC, Sea Investments LLC and numerous residential dwelling unit owners.
REQUESTED ACTION:
The petitioner seeks an amendment to the Halstatt/Grey Oaks Development of Regional Impact (DRI)
Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to extend the
buildout date by four(4)years and three hundred sixty—four(364)days.
GEOGRAPHIC LOCATION:
The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling
Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier
County and the City of Naples, Florida. The northwest quadrant consisting of 354 acres is within the City
of Naples. The northeast and southeast quadrants, consisting of 1,247 acres, are located in Collier
County. See the map on next page for details.
DOA-PL20130000492: HALSTATT/GREY OAKS DRI Page 1 of 4
May 16,2013 CCPC
Revised 4/23/13
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PURPOSE/DESCRIPTION OF PROJECT:
The DRI DO for this project was approved on June 6, 1990, with the adoption of Resolution Number 90-
292 (DRI DO Number 90-3). A portion of the DRI is located within the City of Naples also. There have
been numerous amendments to that approval over the years. Please refer to the applicant's agent's Notice
of Proposed Change (NOPC) document, question #7 that provides a listing of the previous actions. The
Southwest Florida Regional Planning Council(RPC) staff report(copy attached) also contains background
and previous change information. That document indicates that the petitioner is seeking to extend this
project's Collier County Buildout, Phase III Completion and Expiration dates from June 6, 2013 to June 5,
2018. The petitioner wishes to extend those same dates for the portion in the City of Naples from October
17, 2013 to October 16, 2018. The petition is scheduled to be heard by the City of Naples on June 5,
2013. This Notice of Proposed Change (NOPC) is to extend the buildout date by four (4) years and three
hundred sixty—four(364) days.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL(RPC):
The RPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved
Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 18, 2013,
with staff's recommendations that are shown below:
The applicant has provided acceptable draft amended development orders. One addition
amendment is recommended to address the law allowing for biannual monitoring reports instead
of annual.
1. Notify Collier County, the City of Naples, the Florida Department of Economic
Development and the applicant that the proposed changes do not create additional regional
impacts.
2. Request that Collier County and the City of Naples provide SWFRPC staff with copies of
any Development Order amendments related to the proposed changes.
3. Request that Collier County and the City of Naples provide the SWFRPC copies of the final
amended Grey Oaks DRI Development Orders.
A copy of the complete RPC assessment is included in the application material.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
CITY OF NAPLES:
The project is scheduled to be heard by the City of Naples on June 5, 2013.
DOA-PL20130000492: HALSTATT/GREY OAKS DRI Page 2 of 4
May 16,2013 CCPC
Revised 4/23/13
COUNTY STAFF ANALYSIS:
Development authorizations contained in DRI Development Orders are prerequisites to zoning actions
that implement DRI land use authorizations. DRI Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation
under Sub-chapter 380.06(19)(c),Florida Statutes that states:
An extension of 5 years or less is not a substantial deviation. . . . Any extension of the buildout date
of a project or a phase thereof shall automatically extend the commencement date of the project, the
termination date of the development order, the expiration date of the development of regional
impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real
estate market conditions, all phase, buildout, and expiration dates for projects that are
developments of regional impact and under active construction on July 1, 2007, are extended for 3
years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not
subject to further development-of-regional-impact review, and may not be considered when
determining whether a subsequent extension is a substantial deviation under this subsection.
Staff is of the opinion that it is appropriate to extend the dates for this project given the current economic
situation. Staff does not anticipate any increased impacts or increased demands on infrastructure if this
amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth
Management Plan provisions.
Staff recommends approval of the DRI DO amendment believing this amendment will not adversely
impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on April 23, 2013. That office
staff notes the following criteria are to be considered for DRI amendments:
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure.
STAFF RECOMMENDATION:
That the Collier County Planning Commission(CCPC) forward a recommendation of approval of Petition
DOA-PL20130000492 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
DOA-PL20130000492: HALSTATT/GREY OAKS DRI Page 3 of 4
May 16,2013 CCPC
Revised 4/23/13
PREPARED BY:
94, L -/ '!//Y/1
KAY I ESELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF PLANNING AND ZONING
REVIEWED BY:
7 - -("),, 6 . /7--,L,//,—__ , _ 4 . ici- ( 3
RA ND V. BELLOWS,ZONING MANAGER DATE
DEP TMENT OF PLANNING AND ZONING
,,,, ��--- �'-/c- ' ?
MIKE BOSI, AICP, INTERIM DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
APPROVED BY:
�' �iillIgt —2 ' 17
NICK CASALANGUIDA, ADM r I TRATOR DATE
GROWTH MANAGEMENT DIVISION
Tentatively scheduled for the June 25,2013 Board of County Commissioners Meeting
Attachment: RPC staff report
DOA-PL20130000492: HALSTATT/GREY OAKS DRI Page 4 of 4
May 16,2013 CCPC
Revised 4/18/13
A.
GREY OAKS(aka Halstatt)DRI
NOTICE OF PROPOSED CHANGE
DRI#04-8889-088
BACKGROUND
The Grey Oaks DRI(formally known as the Halstatt DRI) is located in both Collier County and the City of
Naples and is located within the northeast, southeast, and northwest quadrants of the intersection formed
by Airport Road and Golden Gate Parkway. The development site consists of a total of 1,601 acres with
the northwest quadrant, consisting of 354 acres, located within the jurisdiction of the City of Naples and
the northeast and southeast quadrants, consisting of 1,247 acres, located within the jurisdiction of
unincorporated Collier County(see Attachment I,Location Map).
The Board of Collier County Commissioners approved the County portion of the project on June 6, 1990
in Development Order(90-3)by Resolution No. 90-292. This order was amended to settle an appeal taken
by the Department of Community Affairs on October 16, 1990 in Development Order(90-5). The City of
Naples approved the City portion of the project on October 17, 1990, in Resolution 90-6211.
In total the project was originally approved for a total of 120.4 acres of commercial/office use (653,453
gross square feet of office commercial and 649,638 gross square feet of retail commercial),2,700 dwelling
units, a 250 room hotel, 54 holes of golf, and 266.7 acres of conservation, lakes and water management,
which includes preservation areas. As of the 2008 monitoring report, it appears that a total of about 677
dwelling units, 72 holes of golf and associated clubhouse with 9 tennis courts have been constructed on the
DRI. To date,no office or commercial development has been constructed within the DRI site.
PREVIOUS CHANGES
The following actions by Collier County and the City of Naples identify the previous changes to the DRI
approvals:
As previously mentioned, on October 16, 1990, pursuant to an agreement between Collier County and the
Florida Department of Community Affairs, Collier County issued an amended Development Order(D.O.
90-5)through the adoption of Resolution No. 90-498;
On November 27, 1990, Collier County adopted Resolution 90-571 to correct a scrivener's error in
Development Order 90-5 to add the words "apply for or" to the third sentence of Section 5, Subsection
d.(4)of Development Order 90-4;
On October 7, 1998, the City of Naples adopted Resolution 98-8372 to increase the number of golf holes
by 9 for a total of 18 holes located within the northwest quadrant of the DRI;
On November 24, 1998, Collier County adopted Development Order 98-2 (Resolution 98-472)to reduce
the number of residential units to 1,900 from a total of 2,700 (including the City of Naples portion), to
increase the number of golf holes by 9 for a total of 72 (including an increase in the City portion by 9
holes),to shift the site of the hotel use to the southeast quadrant, and to increase the lakes and preservation
areas from 180.1 acres to 236.78;
On June 27, 2000, Collier County adopted Development Order 2000-04 (Resolution 2000-190) to amend
the Development Order and Master Plan. This change reduced the commercial acreage from 120.4 to
104.8 acres(on the Naples portion discussed in next change);reduced the number of residential units from
1,900 to 1,600 units (on the Naples portion discussed in next change); increased the conservation, lakes
and water management acreage from 323.38 to 367.88 acres; and deleted the proposed overpass over
Airport Road linking the two quadrants of the project;
On October 18, 2000, the City of Naples adopted Resolution 00-8971, which was the companion
amendment to the above Collier County Development Order amendment 2000-04 which reduced the
commercial acreage from 30 acres to 14.4 acres,reduced the commercial office space from 128,000 square
feet to 60,000 square feet (gross floor area), reduced the retail commercial space from 219,000 to 40,000
square feet(gross leasable area), reduced the residential units from 764 to 464, and permitted assisted
living facilities within the 300 multi-family dwelling units in the land area adjacent to Livingston road
South of Golden Gate Parkway;
On February 9, 2005 staff received a Grey Oaks NOPC that was reviewed and approved by the SWFRPC
at their April 21, 2005 meeting,but was withdrawn at the County level. The project was described in three
parts: the northwest quadrant consisting of 354 acres is within the City of Naples and the northeast and
southeast quadrants consisting of 1,247 acres are located in Collier County;
On April 24,2007, Collier County issued Development Order 07-02 through the adoption of Resolution 9-
99 that reduced the commercial development and increased the number of residential units from 1,600
units to 1,775 units;and
On September 12, 2007, a Notice of Extension to a previously approved DRI pursuant to Section
380.06(19)(c), Florida Statues (as amended by Section 6 of Chapter 2007-204, Laws of Florida) for an
automatic three year extension to the phase, buildout and expiration dates for an approved DRI was
provided for and granted in Development Orders issued by Collier County and City of Naples as follows:
Collier County:
Phase III Completion Date June 6, 2013
Build-out Date June 6, 2013
Expiration Date June 6,2013
City of Naples:
Phase III Completion Date October 17,2013
Build-out Date October 17, 2013
Expiration Date October 17,2010
On December 29, 2010, a Notice of Extension to a previously approved DRI pursuant to Section 46 of
Chapter 2012-147, Laws of Florida, which notification automatically granted a 2-year extension to the
expiration date of the Development Order issued by the City of Naples, such that the expiration date was
extended to October 17,2012.
PROPOSED CHANGES
On March 25, 2013, the applicant Halstatt, LLC submitted a NOPC to extend the respective build-out in
the County and City Development Orders by 4 years and 364 days. In addition, the NOPC provides for
similar extensions to the project's Phase III completion and expiration dates such that those dates will
coincide with the project's proposed build-out dates. Specifically, the requested changes are as provided
below:
Current Proposed
Collier County:
Build-out Date June 6,2013 June 5,2018
Phase III Completion Date June 6,2013 June 5,2018
Expiration Date June 6,2013 June 5,2018
City of Naples:
Build-out Date October 17, 2013 October 16,2018
Phase III Completion Date October 17,2013 October 16,2018
Expiration Date October 17,2012 October 16,2018
The applicant further has submitted that pursuant to Section 380.06(19)(c)1, Florida Statutes, this
proposed change is not a substantial deviation and more over, pursuant to Section 380.06(19)(c)1, Florida
Statutes,this proposed change is not subject to the public hearing requirements of subparagraph(f)3 and is
not subject to a determination pursuant to subparagraph(05.
In addition, base on the applicant's submittal, the requested change will not require an amendment to the
Collier County or City of Naples Comprehensive Plan, nor will it require an updated DRI Master Site Plan
for the development, an update to the legal description since no lands have been added to the DRI, or
changes to the commencement dates.
The applicant has provided proposed language changes for the subject Development Orders as shown
below:
Paragraph 8 (entitled "General Considerations"), subparagraph b, in both the County and City's
Development Orders,as amended, is revised to read as follows(additions are underlined):
The development phasing schedule set for in the PUD Document (Table II, Exhibit G) is
incorporated as a condition of approval. However, due to recent real estate market conditions,
both the Phase III completion date and the DRI build-out date are extended to June 5, 2018 for
development in Collier County and October 16, 2018 for development in the City of Naples. If
development order conditions and applicant commitments incorporated within the development
order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as
indicated to the extent or in accord with the schedules specified within the development order,
then this shall be presumed to be a substantial deviation for the affected regional issue.
The first sentence of Paragraph 2 (unentitled section following `Be it Further Resolved") in the
County's Development Order, as amended, is revised to read as follows (additions are underlined and
deletions are stricken eugh):
This Development Order shall remain in effect - - - -
until June 5,2018.
The first sentence of Paragraph 2 (unentitled section following"Be it Further Resolved") in the City's
Development Order, as amended, is revised to read as follows (additions are underlined and deletions
are stricken through):
This Development Order shall remain in e f f e c t - -- --- - - •• •- -• - - --- '-
until October 16,2018.
These proposed changes to the Grey Oaks DRI do not create a substantial deviation. The statute language
specifically states in Chapter 380.06(19)(c)(1), Florida Statues, "An extension of the date of buildout, or
any phase thereof, of more than 5 years but not more than 7 years is presumed not to create a substantial
deviation. The extension of the date of buildout of an areawide development of regional impact by more
than 5 years but less than 10 years is presumed not to create a substantial deviation. These presumptions
may be rebutted by clear and convincing evidence at the public hearing held by the local government. An
extension of 5 years or less is not a substantial deviation." In addition, the statute language specifically
states in Chapter 380.06(19)(e)(1), Florida Statues, that "Except for a development order rendered
pursuant to subsection (22) or subsection (25), a proposed change to a development order which
individually or cumulatively with any previous change is less than any numerical criterion contained in
subparagraphs (b)1.-10. and does not exceed any other criterion, or which involves an extension of the
buildout date of a development, or any phase thereof, of less than 5 years is not subject to the public
hearing requirements of subparagraph (1)3 and is not subject to a determination pursuant to subparagraph
(1)5. Notice of the proposed change shall be made to the regional planning council and the state land
planning agency. Such notice must include a description of previous individual changes made to the
development; including changes previously approved by the local government, and must include
appropriate amendments to the development order."
The applicant has also stated that the proposed changes are not subject to Chapter 380.06(19)(f)(3) and
(05,Florida Statues. Section f(3) states, "No sooner than 30 days but no later than 45 days after submittal
by the developer to the local government, the state land planning agency, and the appropriate regional
planning agency,the local government shall give 15 days' notice and schedule a public hearing to consider
the change that the developer asserts does not create a substantial deviation. This public hearing shall be
held within 60 days after submittal of the proposed changes, unless that time is extended by the
developer."
Section (1)5 states, "At the public hearing, the local government shall determine whether the proposed
change requires further development-of-regional-impact review. The provisions of paragraphs (a) and(e),
the thresholds set forth in paragraph (b), and the presumptions set forth in paragraphs (c) and (d) and
subparagraph (e)3. shall be applicable in determining whether further development-of-regional-impact
review is required. The local government may also deny the proposed change based on matters relating to
local issues, such as if the land on which the change is sought is plat restricted in a way that would be
incompatible with the proposed change, and the local government does not wish to change the plat
restriction as part of the proposed change." Council agrees with the applicant that the Grey Oaks DRI is
not subject to these provisions of the statute.
However, Council finds that the applicant is still subject to Chapter 380.06(19)(f)(6)which states that, "If
the local government determines that the proposed change does not require further development-of-
regional-impact review and is otherwise approved, or if the proposed change is not subject to a hearing and
determination pursuant to subparagraphs 3. and 5. and is otherwise approved, the local government shall
issue an amendment to the development order incorporating the approved change and conditions of
approval relating to the change. The requirement that a change be otherwise approved shall not be
construed to require additional local review or approval if the change is allowed by applicable local
ordinances without further local review or approval. The decision of the local government to approve,with
or without conditions, or to deny the proposed change that the developer asserts does not require further
review shall be subject to the appeal provisions of s. 380.07. However,the state land planning agency may
not appeal the local government decision if it did not comply with subparagraph 4. The state land planning
agency may not appeal a change to a development order made pursuant to subparagraph (e)1. or
subparagraph(e)2. for developments of regional impact approved after January 1, 1980,unless the change
would result in a significant impact to a regionally significant archaeological,historical, or natural resource
not previously identified in the original development-of-regional-impact review." Council fmds that the
applicant will have to have the local governments approve the request and change the approved
Development Orders.
CHARACTER,MAGNITUDE,LOCATION
The character of the project will not change in that it is still a mixed use project. The magnitude is still less
than the original DRI unit approval of 2,700. The location of the DRI is not changing.
REGIONAL GOALS,RESOURCES OR FACILITIES
Based on the requested expiration date changes no additional regional impacts from the previous approved
amendments or the original ADA will occur.
MULTIJURISDICTIONAL ISSUES
From the beginning of the DRI review process on this project in 1988, the City of Naples and Collier
County have been working together through an inter-local agreement. No new multijurisdictional issues
have been determined on these changes.
NEED FOR REASSESSMENT OF THE DRI
Because no additional regional impacts are anticipated that were not previously reviewed by the SWFRPC,
the need for reassessment of the DRI is unnecessary.
ACCEPTANCE OF PROPOSED D.O.LANGUAGE
The applicant has provided acceptable draft amended development orders. One addition amendment is
recommended to address the law allowing for biannual monitoring reports instead of annual.
RECOMMENDED ACTIONS: 1. Notify Collier County, the City of Naples, the
Florida Department of Economic Development
and the applicant that the proposed changes do
not create additional regional impacts.
2. Request that Collier County and the City of
Naples provide SWFRPC staff with copies of
any Development Order amendments related to
the proposed changes.
3. Request that Collier County and the City of
Naples provide the SWFRPC copies of the final
amended Grey Oaks DRI Development Orders.
04/13
DEVELOPMENT ORDER NO. 13-
RESOLUTION NO. 13-
A RESOLUTION AMENDING RESOLUTION NO. 90-292
(DEVELOPMENT ORDER 90-3, AS AMENDED) FOR THE
HALSTATT/GREY OAKS DEVELOPMENT OF REGIONAL
IMPACT BY PROVIDING FOR: SECTION ONE,
AMENDMENTS TO DEVELOPMENT ORDER BY (A)
EXTENDING THE PHASE HI COMPLETION DATE, THE
BUILD-OUT DATE AND THE EXPIRATION DATE; AND (B)
REVISING REFERENCES REGARDING THE MONITORING
REPORT REQUIREMENT; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, CONCLUSIONS OF LAW; AND
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMITTAL TO
DEPARTMENT OF ECONOMIC OPPORTUNITY AND
EFFECTIVE DATE. THE SUBJECT PROPERTY IS
LOCATED AT THE INTERSECTION OF GOLDEN GATE
PARKWAY AND AIRPORT-PULLING ROAD IN SECTIONS
24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA (PETITION DOA-
PL20130000492)
WHEREAS,the Board of County Commissioners of Collier County approved Resolution
No. 90-292 (Development Order No. 90-3), which approved a Development of Regional Impact
(DRI)known as the Halstatt DRI(now known as the Grey Oaks DRI)on June 6, 1990; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and,by reference,made a part of the Development Order;and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution No. 90-292 (Development Order No. 90-3);
and
WHEREAS, the Development Order has been subsequently amended several times, to
wit:
(i) Resolution No. 90-498(Development Order No. 90-5),October 16, 1990;
(ii) Resolution No. 90-571,November 27, 1990;
(iii) Resolution No. 98-472 (Development Order No. 98-2),November 24,
1998;
(iv) Resolution No. 98-471,November 24, 1998;
(v) Resolution No. 00-190(Development Order No. 00-04),June 27,2000;
(vi) Resolution No. 07-99(Development Order No. 07-02),April 24,2007;
(vii) Resolution No. 09-269(Development Order No. 09-01),November 10,
2009; and
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WHEREAS,the Halstatt,LLC (formerly,the Halstatt Partnership),through its authorized
agent, has filed a Development Order Amendment (DOA) Application and Notice of Proposed
Change to a Previously Approved DRI (NOPC), which NOPC is attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, the Collier County Planning Commission reviewed and considered the
report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on ,2013; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Grey Oaks
DRI; and
WHEREAS, at a public hearing held on , 2013, the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application and the NOPC, (b) the record made at the
aforementioned hearing, (c) the record of the documentary and oral evidence presented to the
Collier County Planning Commission, (d) the report and recommendation of Collier County
planning staff, and (d) the report and recommendation of the Southwest Florida Regional
Planning Counsel, the Board of County Commissioners hereby approves the following Grey
Oaks DRI Development Order amendments.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 8 (entitled "General Considerations"), subparagraph b, of the
"Conclusions of Law"section of Resolution No. 90-292 (Development Order No.
90-3,as amended)(page 15)is revised to read as follows:
8. The development phasing schedule set forth in the PUD Document
(Table II, Exhibit G) is incorporated as a condition of approval.
However, in accordance with Section 380.06(19)(c) F.S. (2007),
applicant provided the required notice; and due to recent real estate
market conditions, both the Phase III completion date and the DRI
build-out date are extended to June 5, 2013. If development order
conditions and applicant commitments incorporated within the
development order, ADA or sufficiency round responses to
mitigate regional impact are not carried out as indicated to the
extent or in accord with the schedules specified within the
development order, then this shall be presumed to be a substantial
deviation for the affected regional issue.
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B. The first sentence of Paragraph 2 (unentitled section following "Be It Further
Resolved")of Resolution No. 90-292(Development Order No. 90-3, as amended)
(page 17)is revised to read as follows:
2. This Development Order shall remain in effect for seventeen (17)
., . . - . - - .. .. until October 16,2018.
C. Paragraph 5 (unentitled section following"Be it Further Resolved")of Resolution
No. 90-292 (Development Order No. 90-3, as amended (page 17) is revised as
follows:
The applicant or its successor(s) in title to the subject property
shall submit a report biennially, commencing one year from the
effective date of this development order, to the Board of County
Commissioners of Collier County,the Southwest Florida Regional
Planning Council, and the Department of
Economic Opportunity. This report shall contain the information
required in Section 9J 2.025(7), 73C-40.025(7), Florida
Administrative Code. This report shall be prepared in accordance
with ", Form DEO-BCP-BIENNIAL
REPORT-1, as may be amended, provided by the SWFRPC.
Failure to submit the biennial report shall be governed by
Subsection 380.06(18),Florida Statutes.
SECTION TWO: FINDINGS OF FACT
A. The proposed changes to the previously approved Grey Oaks DRI do not meet or
exceed any of the criteria listed in Section 380.06(19)(b),Florida Statutes.
B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the
NOPC to the City of Naples, Collier County,the SWFRPC and the Department of
Economic Opportunity.
C. The DOA Application and the NOPC are in accordance with Section 380.06(19),
Florida Statutes.
D. The proposed changes to the previously approved Development Order are
consistent with the report and recommendation of the SWFRPC.
E. The development is not in an area designated an Area of Critical State Concern
pursuant to Section 380.05,Florida Statutes.
F. No increase in development intensity is authorized by this Resolution.
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SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Grey Oaks DRI do not
constitute a substantial deviation, as set forth in Section 380.06(19), Florida
Statutes, and therefore do not require further Development of Regional Impact
review.
B. The proposed changes to the previously approved Grey Oaks DRI will not
unreasonably interfere'with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
C. The proposed changes to the previously approved Grey Oaks DRI are consistent
with the Collier County Growth Management Plan and the Collier County Land
Development Code adopted pursuant thereto.
D. The proposed changes to the previously approved Grey Oaks DRI are consistent
with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS
AMENDED; TRANSMITTAL TO THE DEPARTMENT OF
ECONOMIC OPPORTUNITY;AND EFFECTIVE DATE
A. Except as amended hereby,Development Order 90-3,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/Resolution shall be transmitted immediately
upon execution to the Department of Economic Opportunity (Division of
Community Planning and Development)and the SWFRPC.
C. This Development Order/Resolution shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote of the Board of County
Commissioners of Collier County,Florida,this day of ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk GEORGIA A.HILLER,ESQ.
Chairwoman
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Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Managing Assistant County attorney
Attachment: Exhibit A—Notice of Proposed Change
C P\13-CPS-01216\22
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FORM DEO-BCP-PROPCHANGE-1
Rule 73C-40.010, FAC. Effective 11-20-90
(Renumbered 10-01-11)
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY PLANNING &DEVELOPMENT
The Caldwell Building, MSC 160
107 East Madison Street
Tallahassee, Florida 32399
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT(DRI)
SUBSECTION 380.06(19),FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously
approved DRI be made to the local government,the regional planning agency, and the state land planning
agency according to this form.
1. I, John M. Passidomo, the undersigned authorized representative of the Halstatt, LLC (formerly,
the Halstatt 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 Grey Oaks DRI (formerly
known as the Halstatt DRI) development,,which Information is true and correct to the best of my
knowledge. I have submitted today, under separate cover,copies of this complete d notification to
the following: Collier County,the City of Naples,the Southwest Florida Regional Planning Council,
and the Division of Community Planning and Development,Department of Economic Opportunity.
b6//3
Date --�Si ature
Exhibit A
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2. Applicant: Halstatt,!LC
2600 Golden Gate Parkway
Naples,Florida 341. 05
(239)262-2600
3. Authorized Agent: John M.Passidomo, Esq.
Cheffy Passidomo,P.A.
821 Fifth Avenue South
Naples, Florida 34102
(239)2619300
4. Location(City,County,Township/Range/Section)of approved DRI and proposed change:
Sections 24,25 and 26,Township 49 South, Range 25 East,Collier County, Florida.
5. Provide a complete description of the proposed change. Include any proposed changes to the plan
of development, phasing, additional lands, commencement date, build-out date, development
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 Department or any reviewing
agency to clarify the nature of the change or the resulting impacts.
The Grey Oaks DRI (formerly known as the Halstatt DRI) consists of 1,601 acres located
within the northeast, southeast and northwest quadrants formed by the intersection of
Golden Gate Parkway and Airport Road. The intersection forms the center of a designed
"Activity Center" in the Collier County Growth Management Plan. The northwest
quadrant of the Grey Oaks DRi,.consisting of 354 acres, is within the jurisdiction of the
City of Naples. The northeast and southeast quadrants of the Grey Oaks DRI, consisting
of 1,247 acres,are located in unincorporated Collier County.
The initial Grey Oaks DRI Development Order (D.O. 90-3) was issued by Collier County
Resolution No. 90-292 on June 6, 1990. The City of Naples approved the portion of the
DRI within its jurisdiction on October 17, 1990, in Resolution No. 90-6211. Subsequent
amendments to the County and City DRI Development Orders are described in response
to question 7 below.
Corresponding extensions to the Phase iII completion dates and the expiration dates of
the Development Orders are also proposed, such that those dates will coincide with the
proposed build-out dates. See below:
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{
Current Proposed
Collier County:
Build-out date June 6,2013 June 5,2018
Phase HI completion date June 6,2013 June 5,2018
Expiration date June 6,2015 June 5,2018
City of Naples:
Build-out date October 17,2013 October 16,2018
Phase III completion date October 17,2013 October 16,2018
Expiration date October 17,2012 October 16,2018
Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI Is
not a substantial deviation.. Moreover, pursuant to Section 380.06(19)(e)1, Florida
Statutes, this proposed change is not subject to the public hearing requirements of
subparagraph(f)3 and is not subject to a determination pursuant to subparagraph(f)5.
6. Complete the attached Substantial Deviation Determination Chart for all land use types approved
in the development. If no change is proposed or has occurred, indicate no change.
No change.
7. List all the dates and resolution numbers (or other 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?
a. On October 16, 1990, pursuant to an agreement between Collier County and the
Department of Community Affairs, Collier County issued an amended
Development Order(10.0.90-5)through the adoption of Resolution No.90-498.
b. On November 27, 1990, to correct a scrivener's error in Development Order 90-5,
Collier County adopted Resolution No.99-571, which added the words"apply for
or"to the third sentence of Section 5,Subsection d.(4) of Development Order 90-
4.
c. On October 7, 1998, the City of Naples adopted Resolution No. 98-8372, which
amended the Master Plan and approved a total of 18 golf holes located within the
northwest quadrant of the DRI.
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d. On November 24, 1998, in response to the NOPC submitted by the Halstatt
Partnership, Collier County issued Development Order 98-2,through the adoption
of Resolution No. 98-472, which amended the Development Order and Master
Plan to reduce the number of residential units to 1,900, increase the number of
golf holes to 72, shift the site of the hotel use to the southeast quadrant, and
increase the conservation,lakes and preservation areas from 180.1 acres to 236.78
acres.
e. On June 27, 2000, in response to the NOPC submitted by the Halstatt Partnership
and Naples Golf Course Holdings, Ltd., Collier County issued Development Order
2000-04, through the adoption of Resolution No. 2000-190, which amended the
Development Order and Master Plan to internally relocate already-approved uses
and reduce the number of residential units to 1,600.
f. On October 18, 2000,the City of Naples adopted Resolution No. 00-8971-A,which
was a companion amendment to Collier County's issuance of Development Order
• 2000-04,described immediately above in subparagraph e.
g. On April 24, 2007, in response to an NOPC, Collier County issued Development
Order 07=02, through the adoption of Resolution No. 09-99, which reduced
commercial-allotted acreage and increased the number of residential units to
1,775.
h. On September 12, 2007, the Halstatt Partnership provided Notification of
Extension of a Previously Approved Development of Regional Impact pursuant to
Section 380.06(19)(c), Florida Statutes(as amended by Section 6 of Chapter 2007-
204, Laws of Florida), and recorded the corresponding Notice in Official Records
Book 4322, Page 2286, of the Public Records of Collier County, Florida. This
notification automatically granted a 3-year extension to the phase, buildout and
expiration dates of the Development Orders issued by Collier County and the City
of Naples,respectively,as follows:
Collier County: Phase III completion date June 6,2013
Build-out date June 6,2013
Expiration date June 6,2015
City of Naples: Phase lit completion date October 17,2013
Build-out date October 17,2013
Expiration date October 17,2010
On December 29, 2010,'the Halstatt Partnership provided Notification of
Extension of a Previously Approved Development of Regional Impact pursuant to
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•
Section 46 of Chapter 2010-147, Laws of Florida, which notification automatically
granted a 2-year extension to the expiration date of the Development Order
issued by the City of Naples, such that the expiration date was extended to
October 17,2012.
8. 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 % mile on a project master site plan or
other map.
None.
9. Indicate if the proposed change is less than 40%(cumulatively with other previous changes) of any
of the criteria listed in Paragraph 3130.06(19)(b),Florida Statutes.
Do you believe this notification of change proposes a change.
which meets the criteria of Subparagraph 380.06(19)(e)2.,F.S.
YES NO XX*
* Pursuant to Section 380.06(19)(c)1, Florida Statutes,this proposed change to the DRI is
not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida
Statutes, this proposed change is not subject to the public hearing requirements of
subparagraph(f)3 and is not subject to a determination pursuant to subparagraph(f)5.
10. 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.
Yes.
Current Proposed
Collier County: -
Build-out date June 6,2013 June 5,2018
Phase III completion date June 6,2013 June 5,2018
Expiration date June 6,2015 June 5,2018
City of Naples:
Build-out date October 17,2013 October 16,2018
Phase III completion date October 17,2013 October 16,2018
Expiration date October 17,2012 October 16,2018
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' t
11. 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), F.S.,and 73-40.025,Florida Administrative Code:
12. 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.
No change to Master Plan.
13. Pursuant to Subsection 380.06(19)(f), F.S., 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;
Paragraph 8 (entitled "General Considerations"), subparagraph b, in both the
County and the City's Development Orders, as amended, is revised to read as
follows(additions are underlined):
The development phasing schedule set forth in the PUD Document (Table
II, Exhibit G) is incorporated as a condition of approval. However, due to
recent real estate market conditions, both the Phase pi completion date
and the DRI build-out date are extended to June 5,2018 for development
in Collier County and October 16, 2018 for development in the City of
Naples., If development order conditions and applicant commitments
incorporated within the development_ order, ADA or sufficiency round
responses to mitigate regional impact are not carried out as indicated to
the extent or in accord with the schedules specified within the
development order, then this shall be presumed to be a substantial
deviation for the affected regional issue.
The first sentence of Paragraph 2. (unentitled section following "Be It Further
Resolved") in the County's Development Order, as amended, is revised to read as
follow(additions are underlined,deletions are stricken thr- h):
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I
This Development Order shalt remain in effect
until June 5,2018.
The first sentence of Paragraph 2 (unentitled section following "Be It Further
Resolved") in the C:ity'ss Development Order, as amended, is revised to read as
follow(additions are underlined,deletions are stricken.through):
This Development Order shall remain in effect for seventeen (-t.=7)-,-,ten
from-the-date-of-adoption until October 16,2018.
b. 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 change to legal description.
c. A proposed amended devellopment order deadline for commencing physical development
of the proposed changes, if applicable;
No change to commencement of physical development date.
d. A proposed amended development order termination date that reasonably reflects the
time required to complete the development;
The proposed changes to the Phase Ili completion dates, build-out dates and
expiration dates are set forth in paragraph 13.a above.
e. 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
The proposed changes to the Phase III completion dates, build-out dates and
expiration dates are set forth In paragraph 13.a above.
f. 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 73C-40.025(7), F.A.C.
No change.
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