Resolution 2014-046/DO 2014-01DEVELOPMENT ORDER NO. 14- 01
RESOLUTION NO. 14- 4 6
A RESOLUTION AMENDING RESOLUTION NO. 99 -467, AS
AMENDED, (DEVELOPMENT ORDER 99 -4) FOR THE WINDING
CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY INCREASING THE NUMBER OF
RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY
INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44
ACRES TO 492 ACRES; BY INCREASING THE VILLAGE
CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES;
BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE
CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF
50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF
LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING THE
164 ACRES OF GOLF AREA AND ELIMINATING THE 18 -HOLE
GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44
ACRES TO 840 ACRES; BY INCREASING BUFFERS,
WATERWAYS, CANAL AND FP &L EASEMENTS FROM 180
ACRES TO 219 ACRES; BY EXTENDING THE BUILD -OUT DATE
TO DECEMBER 31, 2020 AND EXPIRATION DATE TO
DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN;
BY PROVIDING FOR 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 NORTHEAST QUADRANT OF
THE INTERSECTION OF TAMIAMI TRAIL EAST (US -41) AND
COLLIER BOULEVARD (CR 951) IN SECTIONS 26, 34 AND 35,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND
3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 1,928± ACRES. (DOA- PL2012000285611
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
No. 99 -467 (Development Order No. 99 -4), which approved a Development of Regional Impact
(DRI) known as the Winding Cypress DRI on December 14, 1999; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and, by reference, made a part of the Development Order; and
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WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution No. 99 -467 (Development Order No. 99 -4) as
revised by Resolution 02 -302 (Development Order 02 -01); and
WHEREAS, the Development Order has been subsequently amended, to wit:
(i) Resolution No. 02 -302 (Development Order No. 02 -01), June 25, 2002;
(ii) Resolution No. 06 -018 (to correct scriveners error), January 24, 2006; and
WHEREAS, DiVosta Homes, LP, 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 B;
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 January 16, 2014; 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 Winding
Cypress DRI; and
WHEREAS, at a public hearing held on February 25, 2014, 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 Winding
Cypress 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. The Findings of Fact Section of Development Order 99 -4, as amended by Development Order 02 -01
and Resolution 2006 -18, the Winding Cypress DRI, is hereby amended to read as follows:
FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth in
Exhibit "A ".
2. The application is consistent with Subsection 380.06(6), Florida Statutes (2013).
3. The Developer submitted to the County an ADA and sufficiency responses, hereby
referred to as composite Exhibit "B ", which by reference thereto are made a part hereof
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,CA(
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to the extent that they are not inconsistent with the terms and conditions of this Order, as
amended.
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact, as shown on the revised Master Plan attached hereto as Exhibit "C ", and
consisting of 1,928 acres, which includes:
A. A total of 2488 2,854 residential dwelling units, on 489 492 acres.
B. A- Village GenteF Centers consisting of 44,NO50 ,000 square feet of Gross Floor Area
(GFA) of
- -____. _.._ .,,...,., _ry »»........, .,_ . . ............ �Y,....,, »......,,.,.,,, may,,,..., ..,......,... �.
° °.bona. f4eilifies, in addition to a clubhouse;
C Golf G!Hb 18 hole of o!� eom*se, el IaHge ra ffiftintellanee 1 :l;,.° inn
ae-res;
C. D. 23-5-272 acres of lakes;
D. LL 84-79 acres of right -of -way;
E. F- 9 acres of recreational lands; and
F. Fr. W6- 840 acres of preserves, and 4- &8-219 acres of miscellaneous buffers, waterways,
canal, and FPL easements.
5. The development is consistent with the report and recommendations of the SWFRPC
submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development will not interfere with the achievement of the objectives of the adopted
State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been conducted
by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State Concern pursuant
to the provisions of Section 380.05, Florida Statutes, as amended.
9. The development is consistent with the current land development regulations and the
Growth Management Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan.
B. Paragraph 2, "Historical /Archaeological," of the Conclusions of Law Section of Development
Order 99 -4, as amended by Development Order 02 -01, the Winding Cypress DRI, is hereby amended to
read as follows:
Winding Cypress DRI/PUD - DOA- PL20120002856 3 of 9
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2. HISTORICAL /ARCHAEOLOGICAL
A. Archaeological sites 8CR786, 8GR787, 8GR788, 8G 789, 8CR790 8CR791, 8CR792,
8CR793, 8CR794, 8CR795 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shall be recorded as "Preserve" on all appropriate plats, site
plans, and the Master Development Plan for the Winding Cypress DRI.
B. In areas where the sites are located in the vicinity of proposed development, a buffer or
conservation easement averaging 25 feet in width, or equivalent protections, such as
temporary fencing or other structural barriers, shall be preserved or constructed around
the archaeological sites. Exotics removal within these areas shall be by hand labor.
C. The Developer shall cooperate with the Department of State, Division of Historical
Resources ( "DHR ") property credentialed investigators, whenever such access can be
reasonably accommodated.
D. If any additional archaeological/historical sites are uncovered during the proposed
development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that
a state - certified archaeologist can determine the significance of the findings and
recommend appropriate preservation and mitigation actions, as necessary.
E. All commitments made by the Developer within the ADA and subsequent sufficiency
round information, related to historical and Archaeological Sites are hereby incorporated
by reference to the extent they are consistent with Paragraphs A — B above.
C. Paragraph 5, "transportation" of Development Order 99 -4, the Winding Cypress DRI, is hereby
amended to read as follows:
5. TRANSPORTATION
A. The Developer, or its successor or assigns, shall be fully responsible for site related
roadway and intersection improvements required within the Winding Cypress DRI, including project
access points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be
located consistent with the Winding Cypress Master Plan, attached hereto as Exhibit "C ", and constructed
consistent with Collier County and FDOT's permit requirements:
(1) CR 951 at North Project Entrance
(2) CR 951 at South Project Entrance
(3) US 41 at East Project Entrance
B. The Developer shall provide its proportionate share of the costs of necessary at grade
intersection improvements including, but not limited to, right of way, cost of signalization, turn lanes, and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
following significantly impacted intersections through DRI project build out in 2008 which is December
31, 2020.
(1) US 41 at CR 951 /SR 951
(2) CR 951 at SR 84 /Davis Blvd.
Winding Cypress DRI/PUD — DOA- PL20120002856 4 of 9
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C. Improvements to the facilities outlined in condition 5.13, above, shall be made at the time
that the intersection is expected to operate at worse than the level of service standard adopted in the
Collier County Comprehensive Plan or shall be programmed for construction within three years of that
time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a)
complete, b) under construction, c) the subject of a clearly identified, executed and recorded local
government development agreement consistent with Sec. 163.3220 through 163.3243, F.S., ensuring
completion concurrent with the impacts of development; d) the subject of a binding commitment from
Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a
binding commitment by the County in the current three years of the Capital Improvements Element; or f)
the subject of a binding and enforceable commitment by the Developer to provide the improvement
concurrent with the impacts of development. Any combination of the above which ensures the
improvement to the facility is also acceptable, provided the SWFRPC, Collier County, and DCA agree
that the combination meets the intent of the transportation uniform standards rule.
As an alternative to this requirement, the Developer may pay a "proportionate share
contribution ", calculated consistent with the formula in Paragraph 9J- 2.045(1)(h), F.A.C., to Collier
County for this improvement. The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be
provided through the Developer's payment of Collier County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed improvement, in accordance with the options listed in the paragraph above
are received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposed Change.
The proportionate share costs of the necessary at -grade improvements as referenced in
this condition and condition 5.B. may be satisfied by the payment of roads impact fees
D. To determine the project impact on regional facilities, an--a a 4-biennial monitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
of C°',,,.,unity Affairs Economic Opportunity, and SWFRPC for review and approval. The first
monitoring report shall be submitted one year after the recorded date of the approval of the Development
Order for the Winding Cypress DRI. Successive reports shall be submitted anti ually- biennially thereafter
until build out of the project.
At a minimum, the report shall contain a summary of construction and development
activities to date, in the categories of development as recorded in the Development Order. In addition,
the report shall contain p.m. peak hour trip generation estimates and turning improvements at each of the
project's access points and the off -site intersections listed in Paragraph 2 above. The report shall also
provide a calculation of the existing level of service at the projects access points and the facilities listed in
Paragraph B above. Finally, an estimate of the level of development expected to be added by the project
for the forthcoming years will be provided. The monitoring report shall identify the status of the road
improvements assumed to be committed and address any deviations from the identified schedule.
E. The Developer shall promote efficient pedestrian and bicycle movement within and
between the development's components, and to adjacent properties as deemed necessary by Collier
County.
F. The Developer shall promote transit service through the inclusion of bus stops or other
appropriate transit access points in site design, consistent with Collier County transit plans.
G. The Developer may select one or more of the options listed in Paragraph C above to the
extent that options provide adequate commitments for improvements indicated above to significantly
impacted regional roadways and intersections. Whatever options are exercised, however, shall be done
with the understanding that the following conditions shall be met:
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G
(1) If amoral biennial monitoring reports lead to the conclusion that one or more of the
regional intersections are operating at worse than the adopted level of service and the project is
contributing more that 5% of the adopted level of service capacity, then further building permits and
certificates of occupancy shall not be granted until the standards of the County's Concurrency
Management System have been met.
(2) The transportation impact to the intersections identified in Paragraph B above
shall be appropriately addressed consistent with the County's Concurrency Management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted regional roads and intersections.
H. Within 180 days of the County's written request the Owner shall convey to the County a
road easement for the road right of way needed for a section of Benfield Road up to a width of 140 feet
free and clear of all liens and financial encumbrances. The road right of way shall be adiacent to the
Picayune State Forest and shall be in the location identified on the PUD Master Plan The length of the
proposed 140' ROW reservation is approximately 6,000', extending approximately 830' north of the
Hacienda Lakes PUD southern section line and approximately 650' south of the Picayune State Forest
southern section line. The County acknowledges that the area in which the road reservation is located is
desi ng a� preserve on the PUD Master Plan and is required to be a conservation area for purposes of the
project obtaining required state and federal permits. The CouM has agreed to be responsible for all
permitting and construction costs, including but not limited to noise mitigation and mitigation costs
associated with permitting and constructing Benfield Road The Owner and Developer shall not be
responsible to obtain or modify any state or federal permits related to the extension of Benfield Road
Upon recordation of the road easement in the public records of Collier County, the Owner shall be paid
the fair market value of the road easement The Developer shall disclose (in writing ) to all property
buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway
corridor.
D. Paragraph 6, "Vegetation and Wildlife /Wetlands" of Development Order 99 -4, as amended by
Order 02 -01, the Winding Cypress DRI, is hereby amended to read as follows:
6. VEGETATION AND WILDLIFE /WETLANDS
A. The need for wildlife crossings and fencing designs for roadway crossings of the preserve
areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation
Commission ( "FFWC ") as part of the ERP permit process.
B. Review of State listed species and habitat impacts /mitigation shall be addressed in
coordination with FFWCC during the ERP permit process based on specific site plan
details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan
submitted on June 13, 1999, shall be implemented for the preserve area.
C. A minimum of 7-76-- 840 acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development; a conservation easement shall be placed
over all conservation areas.
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Winding Cypress DR"UD — DOA- PL20120002856 6 of 9
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E. Paragraph 11, "PUD Document," of Development Order 99 -4 as amended by Development Order
02 -01, the Winding Cypress DRI, is hereby amended to read as follows:
11. PUD DOCUMENT
There is a PUD document (Ordinance - 92,-3 -5 14_ O9) approved by the Collier County Board of
County Commissioners onAun 25, 200 -?Feb 20014, which also governs the Winding Cypress DRI.
The Developer acknowledges that the conditions and commitments of the PUD Document also govern the
development and use of property within Winding Cypress, even though the PUD Document (Ordinance
02- 35 2014 -0 9 ), is specifically not made a part of this Development Order.
SECTION TWO: FINDINGS OF FACT.
A. The real property which is the subject of this Development Order, including the Winding
Cypress Addition, is legally described as set forth in Exhibit "A ", attached hereto and by
reference made apart hereof.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The applicant submitted to the County a Notice of Change to a Previously Approved
DRI, marked as Exhibit `B ", and by reference made a part hereof.
D. The applicant's predecessor in interest proposed the development of Winding Cypress on
1928 acres of land for a mixed -use development consisting of residential, commercial
and golf club uses as described in Development Order 99 -4.
E. A comprehensive review of the impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments and
the SWFRPC.
F. The Southwest Florida Regional Planning Council notified the County, in writing, that
the Department of Economic Opportunity and Southwest Florida Regional Planning
Council agree that the changes to this DRI do not create any additional regional impacts.
G. The buildout date shall be December 31, 2020. The Development Order shall remain in
effect until December 31, 2025.
SECTION THREE: CONCLUSIONS OF LAW.
A. The proposed changes to the previously approved Development Order as presented does
not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.1, Florida
Statutes. The scope of the development to be permitted pursuant to this Development
Order Amendment includes operations described in the Notice of Change to a Previously
Approved DRI, Exhibit `B ", by reference made a part hereof.
Winding Cypress DRI/PUD - DOA- PL20120002856 7 of 9
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B. The proposed changes to the previously approved development are consistent with the
report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
D. The proposed changes to the previously approved Development Order are consistent with
the Collier County Growth Management Plan, as amended, and the Land Development
Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development Order are consistent with
the State Comprehensive Plan.
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 99 -4 as amended by Development Order
02 -21, and Resolution 06 -18 shall remain in full force and effect, binding in accordance
with its terms on all parties thereto.
B. Copies of this Development Order 14 -DJ_ shall be transmitted immediately upon
execution to the Department of Economic Opportunity, and the Southwest Florida
Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote of the Board of County
Commissioners of Collier County, Florida, this day of 2014.
ATTE -9T:
DWIGHT E. BR6.ck, CLERK
By
'i erk
Attest a,tairman's
signature only.
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, ORIDA
IV
TOM HENNIN , Chairman
Winding Cypress DR"UD — DOA- PL20120002856yy 8 of 9
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CAC
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County attorney
Attachments: Exhibit A — Legal Description (from D.O. 02 -01)
Exhibit B - Notice of Proposed Change
Exhibit C — Revised Master Plan
CP\ 13 - CPS - 01229 \44
Winding Cypress DRI/PUD — DOA- PL20120002856 9 of 9
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INISOo7MIller
NewDlrecdons In Planniap, Desipn & Enpineerinp
Description of Part of Sections 26, 34 and 35 of
Township 50 South, Range 26 East,
and Sections 2 and 3 of
Townships I South, Range 26 East
Collier County, Florida.
(PARCELS "A" and "B")
All of Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet
(for road right -of -way) and the west 100 feet (for canal right-of-way) therefrom;
AND ALSO All of Section 35, Township 50 South, Range 26 East, Collier County, Florida, less and except the we
60.00 feet (for canal right -of -way);
AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; P west
AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida;
AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida;
} Being more particularly describes as follows:
PARCEL "A":
BEGINNING at the Southeast corner of Section 2, Township 51 South, Range 26 East, Collier County, Florida;
thence along the south line of said Section 2 North 87 002'48" West 2717.79 feet to the South Quarter Corner of said
j Section 2;
thence continuing along said line North 89 °27'31" West 233.96 feet;
thence leaving said line North 54 °21'26" West 3802.70 feet along the northeast right -of -way line of U.S. 41
(Tamiami Trail);
thence North 20014'5511 East 2036.85 feet;
thence North 69 045'05" West 45.00 feet;
thence South 89015'14" East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
Section 2;
thence along said line thence North 00 044'46" East 1350.52 feet to a point on the North Line of Section 2 said
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00 °50'06" East 2614.26 feet; and point
thence continuing along said line North 00 052'55" East 2619.36 feet to a point on the North Line of said Section
thence along said line South 89 °33' 6"
line of Section 26; $ East 40.00 to a point on a line lying 100 feet east of and parallel to the west
thence along said line North 00 050'24" East 2633.11;
thence continuing along said line North 00 050' 18" East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road, said line being 30.00' south of the north line of said Section 26;
thence along said Right of Way line South 89 037'03" East 2541.99 feet;
thence continuing along said line South 89 °37'26" East 2642.08 feet to a point on the East line of said Section 26•
thence along the East Line of said Section 26 South 000 14'00" East 2606.72 feet to the East Quarter Corner of said
Section 26;
thence continuing along said line South 00 014'36" East 2636.75 feet to the Southeast Corner of said Section 26;
thence along the East Line of said Section 35 South 00 °24'57" West 2638.06 feet to the East Quarter Corner of said
Section 35;
thence continuing along said line South 00 023'29" West 2637.20 feet to the Southeast Corner of said Section 35;
thence along the East Line of said Section 2 South 00 °40'26" West 2801.5
Section 2; 9 feet to the East Quarter Corner of said
thence continuing along said line South 00 040'46" West 2750.15 to the Southeast Corner of said Section 2
POINT OF BEGINNING of the parcel herein described (PARCEL "A "); and the
Parcel Contains 1922.2 acres more or less.
Subject to easements, restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87 002'48" West.
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Description of Part of Sections 26, 34 and 35 of
Township 50 South, Range 26 East, and Sections 2 and 3 of
Township 51 South, Range 26 East Collier County, Florida.
(PARCELS "A" and ..g,.) Continued;
PARCEL "B»: ALSO INCLUDING THE FOLLOWING:
COMMENCING at the Southwest Corner of said Section 26;
thence along the West Line of said Section 35 South 00 °52'55" West 674.12 feet;
thence leaving said line North 8907'05" West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B ");
thence along said line South 00 052'55" West 1110.23 feet;
thence leaving said line North 89 007'05" West 539.68 feet;
thence North 35 039'05" East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius of 2964.93 feet through a central angle of 20 °36'46" subtended by a chord which bears
North 25 020'42" East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL "B ").
Parcel Contains 5.7 acres more or less.
Subject to easements, restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87 002'48" West
Total parcel (including Parcels "A" and "B ") contains 1927.9 acres more or less.
WILSONMILLER, INC.
Registered Engineers and Land Surveyors
Certificate of authorization #LB -43.
By:
Michael •H. Maxwell, PSM
650
Not Valid unless embossed with the Professional's seal.
Ref. 4E -50
W.O.: N0506- 000 - 000 -MABS 1
Date: October 15, 1999
Revised : January 13, 2000
V
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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
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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 L . 1!2 , the undersigned owner /authorized
representative of DiVosta Homes, LP_, herely give notice of a proposed change to a
(developer)
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 WINDING CYPRESS development, which
(original & current project names)
information is true and correct to the best of my knowledge. I have submitted today, under
separate cover, copies of this completed notification to Collier County
(local government)
to the Southwest Florida Regional Planning Council, and to the Bureau
of Local Planning, Department of Community Affairs.
Q _
Date Si 2e
2. Applicant (name, address, phone).
_1
Exhibit I3
Page _1__ of,"
' 4. Location (City, County, Township/Range /Section) of approved DRI and proposed
change.
Collier County, T50 South, R26 East, Sec. 35 and T51 South, R26 East, Sec. 2.
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.
Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No.
99467 and Development Order 99 -4. On the same date the property was rezoned to
PUD by Ordinance 99 -93. The developer requested amendments to the PUD which
were approved on June 25, 2002 by the Board of County Commissioners through
Resolution No. 02 -302 and Development Order 02 -01. A scriveners error was
corrected in 2006 through Resolution 2006 -018
The Winding Cypress DRI consists of 1,928 acres of land located in Collier
County between U.S. 41 (to the south), C.R. 951 (to the west), Sabal Palm Road (to
the north) and Picayune Strand State Forest and Naples Reserve (to the east). The
purpose of this application is to amend the PUD, which will contain the following
changes:
a) An increase in residential dwelling units from 2,300 to 2,854 on 492 acres of
land (previously 448 acres). Both Single Family and Multi- Family units (as
defined by Collier County. The gross density will be a maximum of 1.4 UPA.
b) An increase in the acreage of lakes will be from 235 acres to 272 acres.
c) A reduction in the amount of golf course, golf club, golf course maintenance
and practice range from 164 acres to 0 acres. 18 holes, one clubhouse, one
maintenance facility, and one practice range were removed, resulting in the
complete removal of golf as a use.
d) An increase of 44 acres in preserve area, for a total of 840 acres.
e) Buffers, waterways, canal and FP &L easements are increased from 180 acres
to 219 acres.
f) The build -out date will change to 2020.
2
Exhibit B
Page _2,_ of 2A
DiVosta Homes, LP
24311 Walden Center Drive, Suite 300
Bonita Springs, FL 34134
(239) 248 -5309
3. Authorized Agent (name, address, phone).
Richard Yovanovich, Esq.
Coleman Yovanovich & Koester, P.A.
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
(239) 435 -3535
' 4. Location (City, County, Township/Range /Section) of approved DRI and proposed
change.
Collier County, T50 South, R26 East, Sec. 35 and T51 South, R26 East, Sec. 2.
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.
Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No.
99467 and Development Order 99 -4. On the same date the property was rezoned to
PUD by Ordinance 99 -93. The developer requested amendments to the PUD which
were approved on June 25, 2002 by the Board of County Commissioners through
Resolution No. 02 -302 and Development Order 02 -01. A scriveners error was
corrected in 2006 through Resolution 2006 -018
The Winding Cypress DRI consists of 1,928 acres of land located in Collier
County between U.S. 41 (to the south), C.R. 951 (to the west), Sabal Palm Road (to
the north) and Picayune Strand State Forest and Naples Reserve (to the east). The
purpose of this application is to amend the PUD, which will contain the following
changes:
a) An increase in residential dwelling units from 2,300 to 2,854 on 492 acres of
land (previously 448 acres). Both Single Family and Multi- Family units (as
defined by Collier County. The gross density will be a maximum of 1.4 UPA.
b) An increase in the acreage of lakes will be from 235 acres to 272 acres.
c) A reduction in the amount of golf course, golf club, golf course maintenance
and practice range from 164 acres to 0 acres. 18 holes, one clubhouse, one
maintenance facility, and one practice range were removed, resulting in the
complete removal of golf as a use.
d) An increase of 44 acres in preserve area, for a total of 840 acres.
e) Buffers, waterways, canal and FP &L easements are increased from 180 acres
to 219 acres.
f) The build -out date will change to 2020.
2
Exhibit B
Page _2,_ of 2A
16 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. See attached Chart
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).
DATE WINDING CYPRESS APPROVED BY BCC 12/14/99
RESOLUTION NUMBER 1999 -467
A Winding Cypress amendment was filed that reduced the number of units from 2,892
to 2,300, reduced the golf from 45 holes to 18 holes, and increased the preserve area
from 713 acres to 796 acres.
DATE AMENDMENT FILED 3/18/02
DATE APPROVED BY BCC 6/25/02
RESOLUTION NUMBER 2002 -302
Planning staff determined that the approved Resolution 2202 -302 was not revised to be
consistent with the PUD document that removed references to specific numbers for the
different residential dwelling unit types as was intended.
SCRIVENER'S ERROR CORRECTED 1/24/06
RESOLUTION NUMBER 2006 -18
Has there been a change in local government jurisdiction for any portion of the
development since the last approval or development order was issued? No.
If so, has the annexing local government adopted a new DRI development order for the
project? N/A
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 %2 mile on a
project master site plan or other map.
N /A.
9. 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 X
Exhibit B
Page _JJ _ of,."
3
16
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10. Does the proposed change result in a change to the build -out date or any phasing date of
the project? If so, indicate the proposed new build -out or phasing dates.
Yes. The project includes six phases and the build -out date will change to 2020. The
DRI expiration date has been revised to December 31, 2025
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 9J- 2.025, 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. See Attached 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: See attached proposed amendment to the
development order.
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;
The proposed changes to the Winding Cypress DRI involve removing Golf as
an approved use, increasing the number of residential units from 2300 to
2854 and changing the build -out date to 2020. The following land use
summary depicts the proposed changes:
Land Use
Proposed Acres
Existing Acres
Residential
492
448
Villaize Center
17
15
Lake
272
235
Right-of-Way
79
81
Recreational
9
9
Exhibit B
Page 4— of"
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Preserve
840
796
Miscellaneous, Buffers, Waterways,
Canal and FPL Easements
219
180
Golf Course, Golf Club, Golf Course
Maintenance and Practice Range
0
164
Total
1928
1928
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;
See attached legal description
C. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
N /A.
d. A proposed amended development order termination date that reasonably reflects
the time required to complete the development;
The build -out date has been extended to 2020 and the DRI expiration date to
2025
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
N /A.
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 9J -2.025 (7), F.A.C.
The specifications for the annual report have been revised to reflect a
biennial timeline.
Exhibit B
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1 RESOLUTION NO. 2013-
DEVELOPMENT ORDER NO. 2013-
A RESOLUTION AMENDING DEVELOPMENT ORDER NO.94 -4
AS AMENDED BY DEVELOPMENT ORDER 02 -01, FOR THE
WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT
'
("DRI-) BY PROVIDING FOR AMENDMENTS TO INCREASE THE
NUMBER OF RESIDENTIAL DWELLING UNITS; TO ELIMINATE
THE ACREAGE OF THE GOLF COURSE AND CORRESPONDING
NUMBER OF HOLES; TO INCREASE, iii AMOUNT OF
PRESERVE AREA AND BUFFERS WAT$$*kyS, CANALS AND
FP &L EASEMENTS, AND TO iRfEIER ;AMEND; THE
HISTORICAUARCHEOLOGICAL ,t " ,, SECTION; THE
TRANSPORTATION SECTIOI+(":` THE VEGTATIQN AND
WILDLIFE/WETLANDS SECT*,, AND THE PUD D6"CUwws
SECTION; TO PROVIDE VO) FINDINGS OF ):ACT;
CONCLUSIONS OF LAW; EFFECT OF PIb�VIOUSLY ISSUED
DEVELOPMENT ORiI TRANSMIT'y L TO DEPARTMENT OF
ECONOMIC OPPORTCINI .AND EFFEC , DATE.
WHEREAS, on Se
tetnber 2,1999j Barron Colltrar Compatty, in accordance with Subsection
380.06(6), Florida Statu ;�fi)edilttApplicati6kipr DevBldptrt ttApproval (ADA) of a Development of
Regional Impact (D"*� ¢wn as Wtud ng Cypress,� i3tii° Collier County and Southwest Florida Regional
S y
Planning Council ( "SWFR�) and
i REAS, on Member K , 1999, the`1 1i)rd of County Commissioners, at an open public
hearing in"I*ordance with fttion 3$4,06, Florida Statutes, having considered the Application for
Developmenf "roval of a 13et01opment'arRegional Impact submitted by Developer; the report and
recommendations 014e SWFRP -the record of the documentary and oral evidence presented to the
Collier County Planniri'Go dlh; the report and recommendations of the Collier County Staff and
.,
Advisory Boards, and the ttriade at said hearing, issued Resolution No. 99-467 and Development
Order 99-4 approving the Winding Cypress DRI; and
n March 8 2002 George Varn on behalf of Barron Collier Company, Ltd
WHEREAS, o rg adoe, »�Y ,
(hereinafter "Developer"), the successor in interest to Barron Collier Company, and the owner and
developer of the Winding Cypress DRI, filed a Notice of Proposed Change ( "NOPC ") requesting that the
Board of County Commissioners approve the following changes to the Winding Cypress DRI: an increase
in the number of residential units; an increase of 83 acres of preserve area; a reduction in the amount of
I
Exhibit B CAS;)
Page 1..� of.n I-
ii
'd
r
golf course uses by 18 holes, one clubhouse, one maintenance facility and one practice range; a redesign
and relocation of approved uses within the Winding Cypress DRI as depicted on the DRI Master Plan
marked "H -1" and the amendments to the terms and conditions of the Winding Cypress DRI
Development Order as approved below; and
WHEREAS, the Collier County Planning Commission has reviewed the considered the report and
recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public
hearing on the NOPC on June 10, 2002; and
WHEREAS, on June 25, 2002, the Board of County Commissioners, at an open public hearing in
accordance with Section 380.06, Florida Statutes, considered the NOPC:and,approved the amendments to
the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master
Plan, marked "H -1" by the adoption of Resolution 02 +302 and Development Order02 -01.
WHEREAS, on 1461Wd Yovanovich,`on behalf of Barron Collier Company, Ltd.
(hereinafter "Developer"), the owner and developer,of the Winding Cypress DRI, filed a Notice of
Proposed Change ( "NOPC") requesting that the Boaii 6f County Commissioners approve the following
changes to the Winding-Cypress DRI: an increase in the nurt*r of residential units; an increase of
_acres of preserve area; a redesign and relocation.of approved uses within the Winding Cypress DRI
as depicted on the DRI Master Plan marked "H -1" and the amendments to the terms and conditions of the
Winding Cypress DRI Development Order as approved below; and
WHEREAS, the Board of County Commissioners as the governing body of the unincorporated
area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and
empowered to consider Applications for Development Approval (ADA) for Developments of Regional
Impact and Notices ofltsed Change (NOPC) thereto; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the
requirements of the Collier County Zoning Ordinance have been satisfied; and
WHEREAS, the Board of County Commissioners passed Ordinance 2 -35 on July 9, 2002 which
rezoned the subject property to PUD and the Developer has requested the County to approve amendments
to the Winding Cypress PUD to conform with this DRI Development Order; and
tExhibit B cao
Page lLL- of .Z 6
t
WHEREAS, the issuance of an amended Development Order pursuant to Section 380.06, Florida
Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development
' permits consistent herewith by the County or State; and
WHEREAS, on , the Board of County Commissioners, at an open public hearing
in accordance with Section 380.06, Florida Statutes, considered the NOPC and approved the amendments
to the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master
Plan, marked "H -1 "attached hereto as Exhibit "C ".
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier
County, Florida that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. The Findings of Fact Section of Development Order 994, as amended by Development Order 02-
01 the Winding Cypress DRI, is hereby amended to read as follows:
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1
FINDINGS OF FACT
1. The real property which is the st*ict of the AD,4 is legally described as set forth in
Exhibit
2. The application is 8 *tent with gt bsection 380.06(6), Florida Statutes (2013).
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3. The Developer `9a brni ted "l(i the County an ADA and sufficiency responses, hereby
referred to as co"osite Exhibit "B ", which by reference thereto are made a part of
hereof to the extept that they are not inconsistent with the terms and conditions of this
Order, as amended.
4. The Developer proposes development of the Winding Cypress Development of Regional
Impact, as shown on the master Plan attached hereto as Exhibit "C ", and consisting of
1,928 acres, which includes:
Formatted: Font: (DefauR) limes New Roman
A. A total of x-3452,8 44 residential dwelling units, on 46436 492 acrfS Formatted: Indent First Nne: 0'
with a maximum Bross density of 1.4. Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Exhibit B
Page J Of '.1 AO
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B. Village GeAtefCenters consisting of4O,"50.000square feet of Gross Floor Area
(GFA) of
Relail we 5,900 equaFe fee! GFA of effiee spoee, Bad 16,00, ------- fee! Gl;k of
in addition to a clubhouse;
D. 23-5-2Macres of lakes;
E. 84-79 acres of right -of -way;
F. 9 acres of recreational lands; and
G. nacres of preserves, and %,,,miscellaneous buffers, waterways,
canal, and FPL easements.
The development is consistent with the report and recommeik pns of the SWFRPC
submitted pursuant to Subsection 380.041.2), Flaid's,'Statutes.
6. The development will nod j,Atert"dre .% 'th the achl�trerpent of the objectives of the adopted
State Land Development PIatl;applicibid to the area
7. A cotfYensive rektgw of the ttltgiEO);generated by tfie development has been conducted
by the apof*ate County ,departmet and agencies and by the SWFRPC.
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$ The dei+id ntent is ", in an area ►ated an Area of Critical State Concern pursuant
to the provri4*,of Se it o 380.05, Florida Statutes, as amended
9. �T* ;development,; consistent with the current land development regulations and the
Grol tik anager0eif Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive Plan
B. Paragraph 2, "Historical/Archeological," of the Conclusions of Law Section of Development
Order 994 as amended by Development Order 02 -01, the Winding Cypress DRI, is hereby amended to
read as follows:
Exhibit B
Page a of 'mil b
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HISTORICAIJARCHAEOLOGICAL
1. Archaeological sites 8CR786, , CR791, 8CR792,
8CR793, 8CR794, 8CR795 and 8CR796 within the Winding Cypress property shall be
preserved in perpetuity and shall be recorded as "Preserve" on all appropriate plats, site
plans, and the Master Development Plan for the Winding Cypress DRI.
2. In areas where the sites are located in the vicinity of proposed development, a buffer or
conservation easement averaging 25 feet in width, or equivalent protections, such as
temporary fencing or other structural barriers, shall be preserved or constructed around
the archaeological sites. Exotics removal within these areas shall be by hand labor.
3. The Developer shall cooperate with the Department of State, Division of Historical
Resources ( "DHR ") property credentialed investigators, whenever such access can be
reasonably accommodated.
4. If any additional archaeologicaVhistorical sites are uncovered during the proposed
development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that
a statbycertified archaeologist can determine the`significance of the findings and
recommernlappropnats preservation*d mitigation actions, as necessary.
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5 , All comhWents made by the Deve oiler within the ADA and subsequent sufficiency
round information, related to historical and Archaeological Sites are hereby incorporated
by reference to tltp extent they are consistent with Paragraphs I — 4 above.
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C. Paragraph 5, 1, of Development Order 99 -4, the Winding Cypress DRI, is hereby
amended to read as follows.
TRANSPORTATION
1. The Developer or its successor or assigns shall be frilly responsible for site related
roadway and intersection improvements required within the Winding Cypress DRI, including project
access points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be
located consistent with the Winding Cypress master Plan, attached hereto as Exhibit "C ", and constructed
consistent with Collier County and FDOT's permit requirements:
Exhibit B
Pagel-7— of
IJ
(a) CR 951 at North Project Entrance
(b) CR 951 at South Project Entrance
' (c) US 41 at East Project Entrance
2. The Developer shall provide its proportionate share of the costs of necessary at grade
' intersection improvements including, but not limited to, right of way, cost of signalization, turn lanes, and
other improvements deemed necessary by Collier County to maintain the adopted level of service of the
following significantly impacted intersections through DRI project build out in,19"which is December
31,2020.
(a) US 41 at CR 951 /SR 951
' (b) CR 951 at SR 84/Davis Blvd
3. Improvements to the facilities outlined in condition C.2, above, shall be made at the time
that the intersection is expected to operate at worse than the level of service standard adopted in the
Collier County Comprehensive Plan or shall be^piipwammed fol, pnstru ction within three years of that
time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a9
a) complete, b) under construction, c) the subject of 'a clearly identified, executed and recorded local
government development agreement consistent Sec. 163.3220 through 163.3243, F.S., ensuring
completion concurrent with the impacts of developient; d) the subject of a binding commitment from
r Collier County, completion concurrent with f impacts of development; e) the subject of a
bindingcornmitment b} County JA the currentb�*,years of the Capital Improvements Element; or f)
the subject: of a binding a 4% nforce & commitment by the Developer to provide the improvement
concurrent with the impacts of development. Any combination of the above which ensures the
improvement to the ]Facility is also acceptable, provided the SWFRPC, Collier County, and DCA agree
that the combinationA 1 0 the intent of the transportation uniform standards rule.
As an alfleotitive to this requirement, the Developer may pay a "proportionate share
contribution ", calculated consistent with the formula in Paragraph 9J- 2.045(l)(h), F.A.C., to Collier
County for this improvement. The proportionate share payment shall only be applied to the immediate
construction of one or more improvements to regional facilities significantly impacted by the Winding
Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be
' provided through the Developer's payment of Collier County road impact fees. No building permits for
Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for
the construction of a needed improvement, in accordance with the options listed in the paragraph above
Exhibit B
page 12 of " 0
are received by the County. Any delay or change of the proportionate share payment shall require a
reanalysis of the payment amount in a Notice of Proposed Change.
The proportionate share costs of the necessary at -trade improvements as referenced in
this condition and condition C' have been satisfied by the payment of roads impact fees.
4. To determine the project impact on regional facilities, eea ertr+actl--biennialmonitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida Development
of Community -^ 9 *if Economic Opportunity, and SWFRPC for, review and approval. The first
monitoring report shall be submitted one year after the recorded date of the approval of the Development
IOrder for the Winding Cypress DRI. Successive reports shall be submitted emwa4y- bienniallythereafter
until build out of the project.
At a minimum, the report shall contain a summary of construction and development
activities to date, in the categories of development as recorded in the Development Order. In addition,
the report shall contain p.m. peak hour trip generation estimate taming improvetttettts at each of the
1 project's access points and the off -site intersections listed WT graph 2 above. The report shall also
provide a calculation of the existing level of service ;it the projet'�*cess points and the facilities listed in
Paragraph 2 above. Finally, an estimate of ' level of development` expected to be added by the project
for the forthcoming year -s will be provided. `> monitoring ;report shall identify the status of the road
improvements assumed to be committed and 8ny deviations from the identified schedule.
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5. The Develop ef'sltil l °prtinittte efficietr edestrian and bicycle movement within and
betweek development's com000eps, and id -�t properties as deemed necessary by Collier
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Coup `y�4
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6. 'li`ho!eveloper shall promote transit service through the inclusion of bus stops or other
appropriate transit access points in arte design, consistent with Collier County transit plans.
7. The Developer may select one or more of the options listed in Paragraph 3 above to the
extent that options provide adequate commitments for improvements indicated above to significantly
impacted regional roadways and intersections. Whatever options are exercised, however, shall be done
with the understanding that the following conditions shall be met:
r(a) The eeeeel- biennialmonitoring reports lead to the conclusion that one or more of
the regional intersections are operating at worse than the adopted level of service and the project is
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Exhibit B C� ��
Page 11- Of
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contributing more that 5% of the adopted level of service capacity, the further building permits and
certificates of occupancy shall not be granted until the standards of the County's Concurrency
' Management System have been met.
(b) The transportation impact to the intersections identified in Paragraph 2 above,
' shall be appropriately addressed consistent with the County's Concurrency management Ordinance and
any Local Government Development Agreement or commitment by the Developer and/or the local
government to insure concurrency on all significantly impacted regional roads and intersections.
' D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4 the Winding
P ndmg
Cypress DRI, is hereby amended to read as follows:
However Cha ter 163 F.A. has been amended to r
emove transtwrtation concurrence if
transportation concurrence is removed from the Collier County Growth Management Plan or the
County's Land Development Code, the developer would no longer be subiect to these conditions.
VEGETATION AND WILDLIFFJWITLANDS
1. The need for v414'fe crossings and fencing designs for roadways crossings of the
preserve areas shalf;be reviewed in coordination with the Florida Fish and Wildlife
Conservation Commission ( "FFWC ") as part of the ERP permit process.
l� Review of State listed species and habitat impacts/mitigation shall be addressed in
coordination with FFWCC during the ERP permit process based on specific site plan
details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan
submitted on June 1'3, 1999, shall be implemented for the preserve area.
3. A minimum of ;7 6 acres of wetland and upland enhancement preserve area shall
remain in conservation areas post development; a conservation easement shall be place
laced over all conservation areas.
4. Native landscaping shall be used to the greatest extent practical. The Project will meet
the criteria of Section 2.4.4.1. of the Collier County Land Development Code which
requires 75% of the required trees and 50% of the required shrubs to be native plants.
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Exhibit B
Pagel Of coo
5. Impacts to any gopher tortoise burrows shall be handled through the FFWCC Take an&E3r
Relocation Permit process.
6. Upland and/or appropriate structural buffers will be provided per the SFWMD Basis of
Review.
1 E. Paragraph 11, "PUD Document," of Development Order 994 as amended by Development Order
0202 =01, the Winding Cypress DRI, is hereby amended to read as follows:
' PUD DOCUMENT
There is a PUD document (Ordinance -4 33 13- ) approved by the Collier County
Board of County Commissioners o; o °, - 4Q . 2013, which also governs the Winding Cypress
DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also
govern the development and use of property within Winding Cypress, even though the PUD Document
(Ordinance 92 3 c 2013- ), is specifically not made a part of this Development Order.
N SECTION TWO: FINDINGS OF FACT
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A. The real "property which is the su)ijedCOf this ment Order, including the Winding
' Cypress Addition, is legal described as set forth in Exhibit "A ", attached hereto and by
reference made apart hereof.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The applicant submitted to the County a Notice of Change to a Previously Approved
' DRI, marked as Exhibit `B ", and be reference made a part hereof.
D. The applicant's predecessor in interest proposed the development of Winding Cypress on
1928 acres of land for a mixed -use development consisting of residential, commercial
and golf club uses as described in Development Order 99-4.
' E. A comprehensive review of the impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments and
' the SWFRPC.
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Exhibit B
J
IF. The Development Order shall remain in effect until December 31, 2025.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development Order as presented does
constitute a substantial deviation pursuant to Section 380.06(1), Florida Statutes. The
scope of the development to be permitted pursuant to this Development Order
Amendment includes operations described in the Notice of Change to a Previously
Approved DRI, Exhibit `B ", by reference mad tiisit hereof.
B. The proposed changes to the previously approved development are consistent with the
report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development will not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
Plan applicable to the area,_
D. The proposed changes to the prS.iWusly approved Development Order are consistent with
the Collier County growth Man"' nt Plan, as amended, and the Land Development
Regulattotts.�jopted uant thereto.
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The proposed changes to the previously approved Development Order are consistent with
the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL
TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 99 -4 as amended by Development Order
I 02 -01 shall remain in full force and effect, binding in accordance with its terms on all
parties thereto.
B. Copies of this Development Order 9613 -_ shall be transmitted immediately upon
execution to the v Am of Community Affairs Bareaa Of 6eoa4
Exhibit B
Page A& of 6
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New Directions In Planning, Design & Engineering
Description of Part of Sections 26, 34 and 35 of
Township 50 South, Range 26 East,
and Sections 2 and 3 of
Township 51 South, Range 26 East
Collier County, Florida.
(PARCELS "A" and "B")
I All of Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet
(for road right -of -way) and the west 100 feet (for canal right -of -way) therefrom;
AND ALSO All of Section 35, Township 50 South, Range 26 East, Collier County, Florida, less and except the west
60.00 feet (for canal right -of -way);
AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida;
AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida;
AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida;
Being more particularly describes as follows:
PARCEL "A ":
BEGINNING at the Southeast comer of Section 2, Township 51 South, Range 26 East, Collier County, Florida;
thence along the south line of said Section 2 North 87 102'48" West 2717.79 feet to the South Quarter Corner of said
Section 2;
thence continuing along said Iine North 89°27'31" West 233.96 feet;
thence leaving said line North 54 °21'26" West 3802.70 feet along the northeast right -of -way line of U.S. 41
(Tarniami
N Trail);
thence North 20 014'55" East 2036.85 feet;
thence North 69 °45'05" West 45.00 feet;
thence South 89115'14" East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said
Section 2;
thence along said line thence North 00 044'46" East 1350.52 feet to a point on the North Line of Section 2, said point
on a line lying 60 feet east of the west line of said Section 35;
thence along said line North 00 °50'06" East 2614.26 feet;
thence continuing along said line North 00 °52'55" East 2619.36 feet to a point on the North Line of said Section 35;
thence along said line South 89033'56" East 40.00 to a point on a line lying 100 feet east of and parallel to the west
line of Section 26;
thence along said line North 00 050'24" East 2633.11;
thence continuing along said line North 00 °50' 18" East 2604.58 feet to a point on the Southerly Right of Way line of
Sabal Palm Road, said line being 30.00' south of the north line of said Section 26;
thence along said Right of Way line South 89 °37'03" East 2541.99 feet;
thence continuing along said line South 89 037'26" East 2642.08 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00° 14'00" East 2606.72 feet to the East Quarter Corner of said
Section 26;
thence continuing along said line South 00 014'36" East 2636.75 feet to the Southeast Comer of said Section 26;
thence along the East Line of said Section 35 South 00°24'57" West 2638.06 feet to the East Quarter Comer of said
Section 35;
thence continuing along said line South 00 °23'29" West 2637.20 feet to the Southeast Comer of said Section 35;
thence along the East Line of said Section 2 South 00 °40'26" West 2801.59 feet to the East Quarter Corner of said
Section 2;
thence continuing along said line South 00 140'46" West 2750.15 to the Southeast Comer of said Section 2 and the
POINT OF BEGINNING of the parcel herein described (PARCEL "A ");
Parcel Contains 1922.2 acres more or less.
Subject to easements, restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87 002'48" West.
PAGE 1 OF 2
Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beach
` utY%$a 15 Vc BS OOMAM
3200 Bailey Lane, Suite 200 Naples, Florida 34105 941-649-4040W 941-643-57169
www.wilsomiller.com
Wit— M,11e,,, mc. — FL be LC- C000179
Exhibit B I
Page of IL
Y wilsonMiller
New Directions In Planning, Design & Engineering
Description of Part of Sections 26, 34 and 35 of
Township 50 South, Range 26 East, and Sections 2 and 3 of
Township 51 South, Range 26 East Collier County, Florida.
(PARCELS "A" and "B ") Continued;
i ALSO INCLUDING THE FOLLOWING:
PARCEL "B ":
CONMIENCING at the Southwest Comer of said Section 26;
thence along the West Line of said Section 35 South 00 052'55" West 674.12 feet;
thence leaving said line North 89 °07'05" West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL `B ");
thence along said line South 00 052'55" West 1110.23 feet;
thence leaving said line North 89 007'05" West 539.68 feet;
thence North 35 °39'05" East 175.97 feet;
thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest
having a radius of 2964.93 feet through a central angle of 20 136'46" subtended by a chord which bears
North 25 020'42" East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described
(PARCEL "B").
Parcel Contains 5.7 acres more or less.
Subject to easements, restrictions and reservations of record.
Bearings are based on the east half of the south line of Section 2 being North 87 °02'48" West
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Total parcel (including Parcels "A" and "B ") contains 1927.9 acres more or less.
WILSONMILLER, INC.
Registered Engineers and Land Surveyors
Certificate of authorization #LB -43.
By: ?� Q/' � i4
Marcus L. Berman, P.S.M. #5086
Not Valid unless embossed with the Professional's seal.
Ref. 4E-50
W.O.: N0506- 000 - 000 -MABS1
Date: October 15, 1999
Revised: January 13, 2000
PAGE 2 OF 2
4506 -00"' N0506-007-M-4) asTa Exhibit
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