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Resolution 2002-507 Be DEVELOPMENT ORDER 02-...Q..L RESOLUTION NO. 02 --5.07 A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 95-1, AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI) BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE SQUARE FOOTAGE OF MEDICAL OFFICE USES AND TO CORRECT THE OMMISSION OF THE TERM "OFFICE USES" FROM THE FINDINGS OF FACT SECTION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCI Communities, Inc., filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06 (6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved several subsequent amendments to the Development Order since January 24, 1995 to the present; and WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., with the concurrence of WCI Communities, Inc., desire to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the development approved herein; and WHEREAS, J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., through their authorized agent, have filed their application and notification of a proposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference herein as Exhibit "A"; and WHEREAS, the Board of County Commissioners, as the governing body ofthe unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statues, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI Development Order 95-1, as amended; and Words slAlllk lIUQWllR are deleted; words l!!lllIlII!lIst are added WHEREAS, the Collier County Board of Commissioners passed Ordinance No. 02-71on December 17 ,2002, which has the effect of amending the PUD Zoning District for the Pelican Marsh Community previously approved in Ordinance No. 99-90; and WHEREAS onDecember 1 7 2002, the Board of County Commissioners, at a public hearing in accordance with Section 380.06, Florida Statutes, having considered the J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre, Inc., application and notice of proposed changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendations of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER Paragraph 4 of the Findings of Fact Section of the Development Order 95-1, as amended (Resolution 95-71, as amended), for the Pelican Marsh Community DRI is hereby amended to read as follows: 4. The applicant proposes the development of the Pelican Marsh Community consisting of 2213.6+ acres, as depicted in the Master Plan, Map "H3", attached as Exhibit "D". Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up to 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 295,800 square feet of GFA of office commercial uses, with up to 26,000 GFA of medical office uses; and 450 hotel rooms. The Pelican Marsh Community will contain a maxium of 4,800 residential dwelling units; 72 holes of golf and clubhouses; 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3", Master Plan, which is marked Exhibit "D", attached hereto and incorporated by reference herein. Words $t.-,2'~~. thrcuGh are deleted; words underlined are added B. The application is on accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Community on 2213.6+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the requested amendments has been conducted by the County Departments and the Southwest Florida Regional Planning council. F. The development is not in an area designated an Area of Critical State Concem pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consitent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 95-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict with it. B. Copies of the Development Order No. 02- 0 4, shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. Words stru~~. through are deleted; words underlined are added C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this [t~4~ day of ~~0.~ ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y: JAI~ES N. COLETTA, CHAIRMAN z-19-02. ATTEST:, D WIGU'I~'.I!,;.~, 1~. O~9K, CLERK si'g It iT'onlI. Approved as to Form and Legal Sufficiency Marjori~I. 'Student 4 Assistant Cotmty Attorney DOA-2002-AR-2567/RB/am/sp Words ctr,_'~ thro'--'gh are deleted; words underlined are added Agenda Item #3.(a) 1. PELICAN MARSH NOTICE OF PROPOSED CHANGE Background The Collier County Board of County Commissioners approved the Pelican Marsh DRI on January 24, 1995 (DO 95-1). The original project approval was a multi-use development; approved for 575,000 square feet gross floor area (GFA) of retail space, 250,000 gross square feet of general office space, 100,000 gross square feet of medical office space, 280 hotel rooms, 5,600 residential units and a cultural facility containing 80,000 square feet, 750 seats and 400 parking spaces. The development as originally approved also contains 36 golf courses holes, 294 acres of conservation easement and 59 acres of open space/buffers. Pelican Marsh is located in northwestern Collier County as shown on Attachment I. Previous Changes · On September 26, 1995, the Collier County Commission approved Development Order 95-5 that was necessary to resolve a Boundary Settlement Agreement with an adjacent property owner to the north. This resulted in the exchange of approximately 9 acres of land from each landowner to the other, with the net result being an increase of one acre to the northern boundary of Pelican Marsh between U.S. 41 on the west and Goodlette- Frank Road on the east. · An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units by 500 to 5,100 units and decreased retail and office use by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. The preserve acreage increased by 36.4 acres, from 294 acres to 330.4 acres and the amount of miscellaneous opens space increased from 59 acres to 114.2 acres, an increase of 55.2 acres. Finally, in lieu of retrofitting golf course clubhouses or other approved buildings as onsite hurricane shelters, Collier County Emergency Management has agreed to accept the donation of the 20 acre Pelican Marsh Elementary School (approximately 148,000 square feet) site as satisfaction of the shelter space mitigation requirement. The second NOPC approved in earlier 1999 (DO 99-2) included the following (WCI Communities Limited Partnership) minor revisions to the Pelican Marsh Master Plan to reflected changes in the previously approved land uses and to refine the approved development plan. To accommodate market conditions and to negate any increase in additional regional impacts the following changes were approved: o the leasable retail commercial increased by 50,000 square feet (adding 57,500 square feet of (GFA); o hotel rooms were increased by 50 for a total of 450 rooms; and o 25,000 square feet decreased medical office. The third NOPC approved on December 14, 1999 (DO 99-6) contained the following changes: o added 141.6 acres of land bring total DRI size to 2,213.6 acres; o added 9 holes of golf, resulting in a total of 72 holes which increased the golf course acreage from 578.8 to 642.4 acres; o reducing the residential units by 100 for a total of 4,800 units; o eliminate the 80,000 square foot cultural center within the Activity Center; o decrease retail uses by 21,400 square feet (GFA) to a total of 381,000 square feet (GFA); o increase office uses by 120,800 square feet (GFA) to a total of 295,800 square feet (GFA); and o increase the conservation area by 30 acres. Proposed Changes The applicant (J.E.D. of Southwest Florida, Inc. and Colony Corporate Centre) is proposing to increase the allowable medical office by 17,000 square feet (GFA) for a new total of 26,000 square feet. However, this change will not increase the total amount of office commercial, which based on the last DO amendment is now 295,800 square feet (GFA). Also, proposed is to correct a scrivener's error in the last DO amendment by eliminating a conflict in the language between the PUD document and the DO. The current DO does not properly reflect the current ceiling on medical office at 9,000 square feet. The two proposed changes are classified as Chapter 380.06(19)(e)3. because it is a "change not specified in paragraph (b) or paragraph (c)" and "shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence." Character, Magnitude, Location The proposed changes will not affect the character or magnitude of the project because the total amount of office is not increasing, just the type of office. Also, compared to the original DO approval for office space the amount of office is still 54,200 square feet less than analyzed in the application for development approval (ADA). The location of the DRI is unaffected by the proposed changes. Regional Resources and Facilities Regional roadways would be the only facility potential affected by the change. According to the NOPC the increased medical office from the last DO amendment, which allowed for a total of 9,000 square feet will increase the daily external trips by only 1.2%, or 464 trips. The PM peak hour external trips will increase by only 0.9% or 30 trips. However, as mentioned above compared to the original ADA traffic analysis the overall trips are significantly less because 54,200 square feet have reduced the office space and the medical office with this change will be 74,000 square feet less. No additional regional resources impacts will be affected by these changes. Multi-jurisdictional Issues There are no multi-jurisdictional impacts related to the proposed changes. Need For Reassessment Of The DRI Based on staff review we have concluded that the NOPC has provided sufficient evidence to rebut the presumption of a substantial deviation as allow for in Chapter 380.06(19)(e)3. Furthermore, staff has concluded in accordance with Chapter 380.06(19)(a) F.S. that the proposed changes do not "create a reasonable likelihood of additional regional impacts, or any type of regional impact not previously reviewed by the regional planning agency." Therefore, there will be no need to reassess the regional impacts of the projects." Acceptance Of Proposed D.O. Language The proposed development order amendment language contained within the NOPC is acceptable to staff to address the proposed changes. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of' Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts or any regional impacts not previously reviewed by the regional planning council, and the Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request Collier County provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 6/O2 EXHIBIT I