Resolution 2013-122/DO 2013-01)DEVELOPMENT ORDER NO. 13- 01
RESOLUTION NO. 13- 12 2
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 III 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
wit:
WHEREAS, the Development Order has been subsequently amended several times, to
(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 May 16, 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 June 11, 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, 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 Steen -(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 93- 23(7), 73C- 40.025(7), Florida
Administrative Code. This report shall be prepared in accordance
with the "DDT ,►,reniter-ing t ", 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
This Resolution adopted after motion, second and majority vote of the Board of County
Commissioners of Collier County, Florida, this _LJ�t day of 2013.
A BO
Dav )~1JCGjzCLERK CO
B yr` By:
Dgp 1r erk
r.
Attest *toa8111 W'S
signature only.
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(COMMISSIONERS
FLORIDA
CIA-A. HILLER, ESQ.
Chairwoman
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Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County attorney
Attachment: Exhibit A — Notice of Proposed Change
CP \13- CPS - 01216\29
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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 completed 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.
4 70,-
Date - - -- ---319 ature
Exhibit A
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2. Applicant: Halstatt, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(239) 262 -2600
3. Authorized Agent: John M. Passidomo, Esq.
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, Florida 34102
(239) 261 -9300
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 ill 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)S.
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 (D.O. 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 III 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 Yz mile on a project master site plan or
other map.
M
10.
None.
Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any
of the criteria listed in Paragraph 380.06(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.
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.
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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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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 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 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 stFicken thfaugh):
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This Development Order shall remain in effect
fFGM the date of-adeption until June 5, 2018.
The first sentence of Paragraph 2 (unentitled section following "Be It Further
Resolved ") in the City'ss Development Order, as amended, is revised to read as
follow (additions are underlined, deletions are 541140A tie -#):
This Development Order shall remain in effect for. seventeen (1:7) aff
fFem the date Of _2daption 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 development 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 III 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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