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Agenda 09/23/2008 Item #16A 1Item # 16A1 September 23, 2008 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve a PUD amendment zoning fee reduction request for the Orangetree PUD petition, PUDRr2003 -AR -3608: Orangetree Associates, petitioner, represented by Davidson Engineering, Inc. To have the Board of County Commissioners (BCC) determine whether granting a fee reduction to the petitioner is in the best interest of Collier County. CONSIDERATIONS: The Orangetree Planned Unit Development (PUD) amendment was submitted on January 14, 2003. The petition had been scheduled for hearings before the Collier County Planning Commission (CCPC) on April 7, 2005. The petitioner filed for an indefinite continuance request because of unresolved transportation issues that arose just prior to the CCPC hearing regarding access, drainage and right -of -way issues. The applicant's agent continued to work with Transportation Planning staff to resolve the issues through 2007. Transportation Planning staff confirmed via e -mail on September 26, 2006, that discussions with the petitioner were still underway at that time. A partial resubmittal was made on February 7, 2007, however the transportation issues have not been resolved. Additionally, the agent was notified that there was an outstanding issue regarding the Development of Regional Impact (DRI) for this project. The agent was advised via e -mails and a formal letter sent on March 8, 2007 to resolve that issue. This issue has not yet been resolved. On April 11, 2007, the agent sent a letter to the Regional Planning Council (RPC) asking the RPC to determine whether the proposed amendment would require any DRI review. On May 1, 2007, the RPC advised the petitioner's agent that he needed to seek a determination from the Department of Community Affairs (DCA) rather than the RPC. The petitioner's agent submitted a formal Clearance Letter to DCA on October 31, 2007 seeking a DRI status determination. On December 20, 2007, DCA responded to the petitioner advising him that he needed to submit a request to modify the Vested Rights Letter of 1986 pursuant to Florida Statutes and the Florida Administrative Code to get an answer to the DRI status question. As of July 8, 2008, the petitioner's agent indicated in an e-mail message that he had not submitted the request to modify the Vested Rights Letter to DCA, and could not provide a targeted date, but he indicated that the documents were in the "tweaking stages." The Collier County Land Development Code (LDC) allows an application for a PUD amendment to be deemed closed if there has been no activity on the application for a period of six (6) months. Several times staff has approached the petitioner about closing this petition, however with the outstanding DRI issue, staff and the petitioner's agent have agreed that is it more prudent to allow the petitioner's agent to resolve that issue and then resubmit for the PUD amendment based upon the DRI finding rather than closing the current petition and requiring the submittal of an entirely new application. This approach is acceptable as long as the petitioner's agent is working towards an eventual resubmittal. In the interim, the Collier County Community Development and Environmental Services Fee Schedule has been amended to require an additional fee payment in the amount of 20 percent of the original fee for subsequent resubmittals (Resolution Number 2008 -152). That was not the case when this petition was submitted. When this petition was originally submitted in 2003, there was no resubmittal fee. This petition was originally proposed to be just a minor PUD amendment. However issues were raised during the review that made the Orangetree PUD fee reduction request Page 1 of 2 Item # 16A1 September 23, 2008 Page 2 of 26 petition much more complex. Additionally since 2003, amendments to the LDC have added additional regulations that must be addressed. The petitioner has agreed to address all new regulations as part of the next resubmittal and pay additional money to offset the increased review that will be required for this petition. For comparison's sake, in 2003 the petition paid a fee of $2,715. If a new PUD application was submitted the current base fee with acreage would be $23,400 ($8,000 for the amendment + 15,400 [616 acres $25 /acre]). Based on today's fees, the correct resubmittal fee (including additional one time fees not paid with the initial submittal to at least partially recover advertising and miscellaneous review fees for Environmental staff that are now collected "up front ") would be $8,453. This breaks down to: $4,680 resubmittal fee of 20 percent 1,273 uncollected advertising fees +2,500 uncollected Environmental Review fee $8,453 total resubmittal fee per current fee schedule Therefore, staff and the petitioner's agent have discussed the possibility of a compromise regarding the resubmittal fee to address the changes. Staff proposed that the petitioner pay $8,453 as noted above to cover the uncollected fees and the 20 percent resubmittal fee. Any subsequent resubmittals would be assessed the $4,600 resubmittal fee that has been established by the Collier County Community Development and Environmental Services Fee Schedule. This solution is acceptable to the petitioner's agent. The Collier County Community Development and Environmental Services Fee Schedule states that only the BCC can reduce or waive fees, therefore staff advised the petitioner that BCC approval would be required for this request. Staff believes the outstanding Transportation and DRI status issues require additional consideration and proposes that allowances be provided to the petitioner provided to allow the petitioner as long as the petitioner's agent continues to actively work to resolve the outstanding issues. FISCAL IMPACT: The fee that has been agreed upon is more than what would be generated from a resubmittal of the current petition, but less than what would be generated if a new petition was submitted as identified above. GROWTH MANAGEMENT PLAN IMPACT: The Growth Management Plan (GMP) does not address fees thus no impact to the GMP is anticipated. LEGAL CONSIDERATIONS: In accordance with Resolution No. 2008 -152, the Board of County Commissioners may agree to accept a resubmittal fee of $8,453 and waive a new PUD application fee in excess of this amount. This item is ready for Board consideration and approval. (HFAC) RECOMMENDATION: That the BCC approve the requested fee reduction. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Orangetree PUD fee reduction request Page 2 of 2 Item # 16A1 September 23, 2008 Page 3 of 26 Recommendation to approve a PUD amendment zoning fee reduction request for the Orangetree PUD petition, PUDZ- 2003 -AR -3608: Orangetree Associates, petitioner, represented by Davidson Engineering, Inc. Prepared By: Department Date Zoning and Land Development Review 9/5/2008 10:54:44 AM Approved By: Department Approval Date Transportation Approved 9/10/2008 9:58 AM Planning Approved By: Department Approval Date Transportation Approved 9/15/2008 9:02 AM Approved By: Department Approval Date Zoning and Land Development Approved 9/11/2008 3:49 PM Review Approved By: Department Approval Date Zoning and Land Development Approved 9/11/20083:49 PM Review Approved By: Department Approval Date Transportation Approved 9/15/2008 9:02 AM Item # 16A1 September 23, 2008 Page 4 of 26 Approved By: Department Approval County Attorney Approved Approved By: Department Approval CDES Approved Approved By: Date 9/15/2008 11:57 AM Date 9/15/2008 12:44 PM Department Approval Date Office of Management Approved 9/15/2008 5:06 PM and Budget Approved By: Department Approval Date County Approved 9/16/2008 11:06 AM Manager's Office ATTACHMENTS: Name: Description: Type: ❑ Executive_Summory fee reduction request 7- 29- 08.doc Executive Summary Executive Summary ❑ Orange Tree Hancock Letter 4-11 -07 odf Letter from Agent regarding the DRI issue dated 4 -11 -07 Backup Material ❑ RPC response to 4- -11 -07 letter.doc Response for RPC regarding 4 -11 -07 letter Backup Material ❑ letter fr_o_m_DCA 12-20- DCA response (12/20/07) to reguest from Agent requesting 07,pdf clearance letter dated 10 -31 -07 Backup Material CIVIL ENGINEERING • PLANNING • LAND DEVELOPMENT SERVICES April 11, 2007 Mr. Daniel L. Trescott Principal Planner Southwest Florida Regional Planning Council 1926 Victoria Avenue Fort Myers, FL 33901 Item # 16A1 September 23, D of 26 DAVIDSON ENGINEERING Subject: DRI threshold review, Orangetree PUD, Collier County, Florida. Dear Mr. Trescott; Collier County is reviewing an amendment to the Orangetree PUD (Collier PUDZ -2003- AR -3608) and the Principal Planner is requiring that we obtain a "written document from Dan Trescott at the RPC that this project is not a DRL" I believe you may have had a discussion regarding this matter with Kay Deselem, the planner with Collier County reviewing this project. The purpose of this letter is to seek confirmation from you that the addition of 1,650 residential units and 249,000 square feet of commercial square footage to the existing Orangetree PUD does not result in the project becoming a DRI. To assist you in your review, I offer the following facts and information: 1. On January 27, 1986 what is now known as the Orangetree PUD was party to a "Settlement and Zoning Agreement" that included rezoning the property to "PUD by Settlement." That settlement included 2,100 residential units and 60,000 square feet of commercial development. 2. The Orangetree PUD received a Binding letter of Interpretation of Vested Rights Status from the Department of Community Affairs on April 8, 1986 (attached) confirming that the aforementioned development was vested and therefore was not required to comply with the review requirements of Section 380.06, Florida Statutes. 3. Careful review of that document as confirmed by Collier County Long Range Planning Staff provides that "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above referenced status." In short, development beyond what is vested may occur on the site and are individually subject to review. 4. You issued a letter to Rick Joudrey of Davidson Engineering dated September 23, 2002 that concluded an increase of up to 1,650 residential units and 249,000 sq. ft. of retail development within the Orangetree PUD would not be considered a DRI (attached). 2154 Trade Center Way, Suite #3 Naples, Florida 34109 Phone: 239.597.3916 Fax: 239.597.5195 w .davidsonengineering.com Item # 16A1 September 23, 2008 DIE of 26 DAVIDSON ENGINEERING 4 5. In January 1988 and March and April of 1989, Citrus Grove Partners purchased approximately 616 acres of agricultural land from the Orangetree PUD. This purchase was for agricultural land for the purpose of developing a citrus grove and was devoid of any development rights that were subject to the Vested Rights Status established by DCA in 1986. 6. Further confirmation of this is contained in the Collier County Staff Report developed as part of the review process of the Orange Blossom Ranch PUD (Collier County Ordinance 04 -74) which states on page 2 of 77(attached) that "The acreage reduction will increase the density from .76 units per acre to .98 units per acre (in the Orangetree PUD), however the approved maximum number of dwelling units of 2,100 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses." 7. The Orange Blossom Ranch property was not and is not under any form of common ownership as that of the Orangetree PUD and must therefore be reviewed with regard to DRI thresholds as a "stand alone" project and not in the aggregate of being combined with the Orangetree PUD. 8. Numerous land uses amendments have been made to the Orangetree PUD over time, but none have added development above the vested 2.100 units and 60,000 commercial square feet. Based on the aforementioned points, your letter of September 23, 2002 is still in effect and accurately reflects that the addition of 1,650 dwelling units and 249,000 square feet of retail commercial development to the vested level of development does not constitute a DRI. Please once again confirm your position in writing so that the project may move forward with Collier County Planning Staff review. If you feel the information contained in this letter and the attachments are insufficient to determine that the proposed project is not a DRI, the property owner requests the opportunity to discuss any outstanding matters prior to the issuance of a written determination. You can contact me directly with any questions and I thank you in advance for your time and consideration. Sincerely, Tim Hancock, AICP Director of Planning Cc: Steve Lowitz, w /enclosures Roberto Bollt, w /enclosures Burt Saunders, w /enclosures Kay Deselem, w/o enclosures Item # 16A1 September 23, 2008 Pag 6 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2S71 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301 000 GRAHAM Goa Ior Ms. Tasha Buford Suite 200 225 S. Adams Street Tallahassee, FL 32301 Dear Ms. Buford: April 8, 1986 TOM•LEWIS, It ' +Secretary .r . Binding Letter of Interpretation of Vested Rights Status; Binding Letter of Interpretation of Modifi- cation to a Development of Regional Impact With Vested Rights= and Vested Rights Status Notification File No. BLIVR- 986 -004; SLIM7986 -007; and VRS- 986 -074 North Golden Gate We have evaluated your applications for Binding Letters and your notification of vested rights status dated December 19, 1985 and received December 20, 1985. Based on the information con- tained in the applications and other information obtained during the review of the development proposal, we enter the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1. The North Golden Gate project is currently proposed to contain 2,100 dwelling units, 60,000 square feet of commercial facilities with an unknown number of parking spaces on 22 acres and 1,600 acres of agriculture within a total site comprising 2,797.83 acres. The applicants claim that they have a vested right to construct 11,926 dwelling units, 185 acres of commercial facilities and 72.7 acres of industrial facilities. This claim is based on local government plat approval of a previously pro- posed development for the site and the developer's reliance and change of position prior to July 1, 1973, the effective date of Chapter 380, Florida Statutes (F.S.) 2. The development site is located in sections 22, 23, 26 and 27, Township 48 South, Range 27 East, Collier County, and is situated about eight miles southwest of the Town of Immokalee and about four miles east of Lee County,, the nearest adjacent county. A location map is attached as Exhibit "A ". EMERGENCY MANAGEMENT" HOUSING ANJ COMMUNITY DEVELOPMENT" RESOURCE PLANNING AND MANAGEMENT Item # 16A1 September 23, 008 Page 8 of 26 Ms. Tasha Buford April 8, 1986 Page Two 3. The applicants are Tasha Buford and George Varnadoe, authorized representatives for the Agro Development Corporation, which proposes to develop and is seeking determinations of vested rights and of modifications to a Development of Regional Impact (DRI) with vested rights for North Golden Gate. In addition, notification of a claim of vested rights based on plat approval has been received, pursuant to the requirements of Paragraph 380.06(20)(a), F.S. 4. Because the original project received local government approval prior to October 1, 1985, the effective date of Chapter 380, Florida Statutes (F.S.) (1985), the applicable DRI guide- lines for the development are Rules 27F -2.05, 27F -2.10 and 27F- 2.12, Florida Administrative Code (F.A.C.). Rule 27F- 2.05(2), F.A.C., states that any proposed industrial, manufacturing, or processing plant under common ownership, or any proposed indus- trial park under common ownership which provides sites for indus- trial, manufacturing or processing activity, which occupies a site greater than one (1) square mile, is presumed to be a DRI. The industrial component of the original North Golden Gate project, on 72.7 acres, does not exceed the presumptive threshold for industrial development. Rule 27F -2.10, F.A.C., states that any proposed residential development that is planned to create or accommodate 750 dwelling units or more in a county with a population between 50,001 and 100,000 is presumed to be a DRI. Rule 27F -2.10, F.A.C., also states that, " ..the population of the county shall be the most recent estimate for that county, at the time of the application for a development permit." In this case, the application for a development permit for North Golden Gate occurred prior to July 1, 1973, the effective date of Chapter 380, F.S. Thus, for the purposes of this binding letter, the 1973 Collier County popula- tion level is the appropriate population estimate to determine the residential threshold. In 1973, Collier County had a population between 50,001 and 100,000 persons. Therefore, the applicable DRI residential threshold to be applied in this binding letter is 750 dwelling units. The residential component of the original North Golden Gate development, consisting of 11,926 dwelling units, exceeds the presumptive threshold for residential development. Rule 27F -2.12, F.A.C., provides that any proposed retail or wholesale business establishment or group of establishments oper- ated under one common property ownership or management that encompasses more than 40 acres is presumed to be a DRI. The retail portion of the original North Golden Gate, consisting of Item # 16A1 September 23, Page 9 of 26 Ms. Tasha Buford April B, 1986 Page Three 185 acres, exceeds the presumptive threshold for retail develop- ment. _ The original North Golden Gate development exceeds the applicable residential and retail thresholds. Therefore, it is presumed to be a DRI. 5. The applicants are seeking a vested rights determination under Subsection 380.06(20), Florida Statutes (F.s.), to establish that the North Golden Gate development is vested for 11,926 dwelling units, 72.7 acres of industrial facilities and 185 acres of commercial facilities and will not be subject to the review requirements of Chapter 380, F.S. The applicants have notified the Department of their claim to vested rights pursuant to Paragraph 380.06(20)(a), F.S., for Units 3 -7 of North Golden Gate. Furthermore, the applicants are seeking a determination on whether changes that have been made to the vested plan since July 1, 1973, constitute a substantial modification to the vested plan. The applicants have provided the following information for the vested rights determination and the modification to the vested plan. A. Proiect History 1) The following events occurred prior to July 1, 1973: a) Zoning approval for the entire project and plat review and approval of Units 1 and 2 was granted -by -the Collier County Commission on 'June 6, 1967; b) Plat review and approval of Units 3 -7 was grant- ed by the Collier County Commission between August 1, 1967 and July 1, 1973; c) Units 1 -7 were registered with the Florida Division of Land Sales pursuant to Chapter 498, F.S.; d) In order to obtain zoning and plat approval from Collier County, the original developer, Gulf American. Corporation (GAC), was required to dedicate and convey certain streets, parks and other property to the County, A Bonding Agree- ment was entered which pledged to Collier County accounts receivable by GAC from lot purchasers in order to secure the completion of works, improvements, and other installations on the property. The GAC executed a Corporate Bond to Item # 16A1 September 23, 008 Page 10 of 26 Ms. Tasha Buford April 8, 1986 Page Four Collier County in the amount of 1109 of the estimated cost of providing pavement, - drainage and other structural improvements. The GAC also delivered to Collier County, as Trustee, a War- ranty Deed conveying Sections 15, 21 and 22, Township 51 South, Range.29 East, Collier Coun- ty, Florida, to provide additional security for completion of the required improvements, works and installations on the property. e) Approximately 808 of the following actual ex- penditures for initial land development were made prior to July 1, 1973: Purpose Qf Work Land Clearing Earthwork Drainage Survey and Lay -out Design Engineering /Planning TOTAL 80% f) As of October 31, 1972, about expended in Units 1 and 2 for neering, land clearing, canal hauling and spreading, rough drainage construction; PMT t $ 290,000 1,200,000 60,000 70,000 80.000 $1,700,000 $1,360,000 $'450,000 had been planning, engi- ekcavation, fill road grading and g) Land clearing and site preparation began in 1967. The construction of roads, canals, bridges and weirs followed. As of December 31, 1972, three miles of canals had been completed, including canals in Units 1 and 2. 2) The applicants now propose to build 2,100 dwelling units, 60,000 square feet of commercial facilities on 22 acres and 1,600 acres of agriculture on the same total acreage. The road system will be modi- fied and a 55 -acre parcel will be Aonated for public use. Item # 16A1 September 23, 2008 Page 11 of 26 Ms. Tasha Buford April 8, 1986 Page Five B. Authorization. Reliance and Change gf position Subsection 380.06(20), F.S., provides that; "Nothing in this section shall limit or modify the rights of any person to complete any development that has been authorized by registration of a sub- division pursuant to Chapter 498, by recordation pursuant to local subdivision plat law, or by a building permit or other authorizations to commence development on which there has been reliance and a change of position, and which registration or recordation was accomplished, or which permit or authorization was issued, prior to July 1, 1973." Paragraph 380.06(20)(a), F.S., provides that: "approval pursuant to local subdivision plat law, ordinances, or regulations of a subdivision plat by formal vote of a county or municipal governmental body having jurisdiction after August 1, 1967, and prior to July 1, 1973, is sufficient to vest all property rights for the purposes of this subsec- tion; and no action in reliance on, or change. of position concerning, such local governmental approval is required for vesting'to take place. Anyone claiming vested`rights under this'paragraph must so notify the department in writing by January 1, 1986." The applicants submitted information regarding the rezoning and plat approvals for the North Golden Gate site on December 20, 1985. The applicants contend that GAC received authorization to commence development before July 1, 1973. According to the information sub- mitted by the applicants, the Collier County Board of County Commissioners adopted the rezoning ordinance for the entire project and approved the plats, which were then recorded with the Florida Division of Land Sales pursuant to Chapter '498, F.S., as follows: Unit jib of Lots Platting Registration 1 3,089 6/6/67 9/6/68 2 907 6/6/67 9/6/68 3 2,212 1/6/70 1/9/70 4 898 2/20/68 2/7/69 5 652 2/20/68 2/7/69 6 312 8/20/68 2/7/69 7 888 8/20/68 2/7/69 Item # 16A1 September 23, 2008 Page 12 of 26 Ms. Tasha Buford April 8, 1986 Page Six The applicants submitted certified copies of the minutes of the June 6, 1967 meeting and the cover page -of each approved plat. Therefore, the Department finds that Units 1 and 2 were platted and authorized prior to August 1, 1967 and Units 3 -7 were authorized between August 1, 1967, and July 1, 1973. Furthermore, the Department finds that the entire project had received authorization to commence construction of 11,926 units and 185 acres of commercial facilities prior to July 1, 1973. The applicants claim that GAC acted in reliance on the rezoning and plat approval by the Collier County Board of County Commissioners for Units 1 and 2 and changed its position by commencing construction of a substantial portion of the project, and by execution of a Bonding Agreement, a Corporation Bond and a Trust. According to the application, by July 1, 1973, GAC had spent $1,360,000 on.the entire project and more than $950,000 on construction of Units 1 and 2, in addition, GAC entered into a Bonding Agreement which pledged to Collier County accounts receivable by GAC from lot pur- chasers in order to secure the completion of works, improvements, and other installations on the property. The GAC executed a Corporate Bond to Collier County in the amount of 1108 of the estimated cost of providing pavement, drainage and other structural improvements. GAC also delivered to Collier County, as Trustee, a Warranty Deed conveying Sections 15, 21 and 22, Township 51 South, Range 29 East, Collier County, Florida, to provide additional security for completion of the required improvements, works and installations on the property. This property has since been deeded to the county. Finally, the applicant submitted an April 1973, aerial photograph, showing that land clearing, road and canal work had commenced as of that date. The Department finds that the applicants have noti- fied the Department of their claim of vested rights pursuant to Paragraph 380.06(20)(a), F.S. and have ade- quate documentation that plats for Units 3 -7 were approved between August 1, 1967 and July 1, 1973. The Department also finds that, based on the repre- sentations made by the applicants and the documentation of expenditures and commitments for construction.of the project in the application, the applicants have shown substantial reliance and change of position in regard to Units 1 and 2 of the project. Item # 16A1 September 23, 2008 Page 13 of 26 Ms. Tasha Buford April 81 1986 Page Seven 6. Pursuant to Paragraph 380.06(4)(e), F.S. (19851, in determining whether a proposed substantial change to a develop- ment of regional impact (DRI) concerning which rights had been previously vested would divest such rights, the state land plan- ning agency shall review the proposed change within the context of: A. Criteria specified in Paragraph 380.06(19)(b), F.S. (1985); B. Its conformance with any adopted state comprehensive plan and any rules of the state land planning agency; C. All rights and obligations arising out of the vested status of such development; D. Permit conditions or requirements imposed by the Depart- ment of Environmental Regulation, the Department of Natural Resources, or any water management district created by Section 373.069, F.S., or any of their suc- cessor agencies or by any appropriate federal regulatory agency; and E. Any regional impacts arising from the proposed change. 7. Furthermore, pursuant to Paragraph 380.06(4)(f), F.S., if a proposed substantial change to a DRI concerning which rights had previously vested pursuant to Subsection 380.06(20), F.S., would result in reduced regional impacts, the change shall not divest rights to complete the development pursuant to Subsection 380.06(20), F.S. B. The proposed changes to the project are as follows: 1973 1986 Net Chang" Residential (acres) 1,505.5 826 - 679.5 Residential (units) 11,926 2,100 - 9,826 Commercial (acres) 185.2 22 - 163.2 Industrial (acres) 72.7 -0- - 72.7 Lakes 6 Canal (acres) 160.0 185 + 25.0 Right -of -Way (acres) 499.6 70 - 429.6 Agricultural (acres) -0- 1,600 + 1,600 Community Use (school, 201.3 95 - 106.3 park, utility) (acres) Golf Course (acres) 173.7 -0- - 173.7 TOTAL 2,798.0 2,798.0 -0- Item # 16A1 September 23, Page 14 of 26 Ms. Tasha Buford April 8, 1986 Page Eight 9. In determining whether the changes to the vested devel- opment plan would be substantial, the Department applied the criteria in Subparagraphs 380.06(19)(b) 9., 9., 10., 13., 15. and 16., F.S. These criteria are as follows: N. An increase in industrial development area by 5 percent of 32 acres, whichever is greater. 9. An increase in the number of dwelling units by five percent, or 50 dwelling units, whichever is greater. 10. An increase in commercial development by 6 acres of land area, or by 50,000 square feet of gross floor area, or of parking spaces provided for customers for 300 cars or 5 percent, whichever is greater. 13. A decrease in the area set aside for open space of 5 percent or 20 acres, whichever is less. 15. A 15 percent increase in the number of external vehicle trips generated by.the development... 16. A change proposed for 15 percent or more of the agreage... to a land use not previously approved..." As shown above, there will be a decrease in the industrial area, the number of dwelling units and the commercial areas, and an increase in the area set aside for open space (lakes and agriculture). The vested commercial areas, included in the Unit 1 -3, 6 and 7 plat approvals, contained 185 acres, and an unknown amount of square feet and parking. The Department finds that far more square footage and parking could have been built on 185 acres than is currently proposed on 22 acres. The applicants estimated that the vested project would have generated a total of 280,606 external daily vehicle trips. The currently proposed project is estimated to generate a total of 24,835 external daily trips, for a decrease of 255,771 trips. The Department finds that there will be a decrease in the number of external vehicle trips generated by the development. More than fifteen percent of the acreage has been changed to agriculture, a land use not previously approved. However, the Department finds that this modification does not increase regional impacts. M: Item # 16A1 September 23, 2008 Page 15 of 26 Ms. Tasha Buford April 8, 1986 Page Nine In comparing the potential regional impacts associated with the vested plan and the proposed changes, the applicants esti- mated the following: 1973 Sewage (MGD) 3.875 Water (MGD) 3.875 Solid Waste (lbs /day) 229,880 Energy (kwh) 18,632,480 Impervious Surface 1,370 (acres) 986 et Chance 0.627 - 3.248 0.627 -. 3.248 20,482 - 209,398 2,353,600 - 16,278,880 525.5 - 844.5 Therefore, the Department finds that the proposed project would reduce regional impacts from the vested project. On January 10, 1986, notice of this request for a Binding Letter of Interpretation was published in the Florida Administra- tive Weekly. in addition, the Southwest Florida Regional Plan- ning Council and Collier County were notified. •, , , 1. The Department concludes that the applicants have met the notification requirement of Paragraph 380.06(20)(a), Florida Statutes and have adequate documentation that plats for Units 3 -7 were approved between August 1, 1967 and July 1, 1973. Unless development of these properties has commenced by June 30, 1990, the vested rights shall expire. 2. The Department also concludes that, based on the repre- sentations made by the applicants and the documentation of expen- ditures and commitments for construction of the project in the application, the applicants have shown substantial reliance and change of position in regard to units 1 and 2 of the project. 3. Furthermore, the Department concludes that the proposed North Golden Gate development, with 2,100 dwelling units on 828 acres, 22 acres of commercial use with 60,000 gross square feet, and 1,600 acres of agriculture, will result in a substantial decrease in the amount of development previously proposed in the vested development plan. Furthermore, the modifications to the vested plan will result in a reduction of regional impacts. Therefore, pursuant to Paragraph 380.06(4)(f), Florida Statutes, the Department concludes that the modifications do not divest any rights the developer has acquired under Subsection 380.06(20), Florida Statutes, to complete the development of North Golden Gate. Ms. Tasha Buford April 8, 1986 Page Ten RDER Item # 16A1 September 23, 2008 Page 16 of 26 The North Golden Gate development, as described above, will not be required to comply with the review requirements of Section 380.06, Florida Statutes. The modifications to the vested plan will not divest your right to develop. As those changes described in your application for this letter have been approved by local government and incorporated into a new develop- ment order, they constitute the vested plan of development for North Golden Gate and must be followed by you. If any further changes ate ,pr,oposed to this project, they should be submitted by you to this agency so that they may be compared together with their impacts to the plan now found to be vested in this letter. Therefore, all future changes to this modified development plan should be brought to the attention of this agency. Should any of the above representations made by the applicant be substantially changed, further review of the project may be required. This binding letter of interpretation has been issued pur- suant to the procedural requirements of Subsection 120.57(2), Florida Statutes, and constitutes final agency action appealable within 30 days to a District Court of Appeal pursuant to Section 120.68, Florida Statutes. If you wish to present oral or written evidence, or a written statement in opposition to this agency action, you must file with the Department a written request for an opportunity to do so within 30 days from this date. Such a request for a reconsideration shall be made in accordance with Rule 9J -2.16, Florida Administrative Code, and will be responded to by the Department pursuant to Paragraph 120.57(2)(a), Florida Statutes. This determination does not obviate the need to comply with other applicable state or local permitting procedures. Any ques- tions regarding this determination may be directed to Mike Donovan in the Division of Resource Planning and Management, Bureau of Resource Management at (904) 488 -4925. Sincerely, n .0.y �- +4�.�•C.� Diana Sawaya -Cr ne Chief, Bureau of DSC /mdr Resource Management cc: Mr. Dan Trescott FILING AND ACKNON•LEDGEM-7-ii VNIs. Missy McKim FILED, on this dace, with the des.'u.r . Ms. Susan COucghanour Dep nt C:erk rem of cn Mr. Ron Blackburn Mr. Charles Knight C Jane R. Bass pate .. Department Clerk Item # 16A1 September2 2008''. R 1 - _ I I I. I J : gig j I W I 1 ! 5 I A n • - R R n r y� Su' •. are I 17 r E� v, i Rim . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Item # 16A1 September 23, 2008; Page 18 of 26 2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301 BOB GRAHAM February 28, 1986 TOM LEWIS, e ry Gm¢mar ,�. Ms. Tasha Buford 225 S. Adams St., Suite 200 Tallahassee, Florida 32301 Dear Ms. Buford: 134St11_ Sa41d�o_ �s3t�i _I3b1Y�_2$ §= 4441_13LbM_2$�_44Z We received your application for a Binding Letter of Inter- pretation of Vested Rights for a Development and for a Binding Letter of Interpretation of Modification to a Development of Regional Impact with Vested Rights, and the notification of Vested Rights Status pursuant to the new vested rights provisions in Paragraph 380.06(20)(a), Florida Statutes (1985), for the North Golden Gate development, on December 20, 1985. The infor- mation in your application is sufficient and we will issue a binding letter on or before April 4, 1986. .If you have any questions or comments concerning this matter, please call me in the Division of Resource Planning & Management, Bureau of Resource Management at (904) 488 -4925. Sincerely, Mike Donovan Planner IV Development of Regional Impact Section MD /sr cc: vis. Missy McKim Mr. Dan Trescott Mr. George Varnadoe EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Item # 16A1 September 23 2008 Page 19 of 261 2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301 BOB GRAHAM February 28, 1986 TOM LEWIS, IIL Gm m>r SCC.eb" Ms. Missy McKim Collier County Planning 3301 E. Tamiami Trail Government Complex Naples, Florida 33942 Dear Missy: Nuth Qs19?L3 9 @tea BUY9 =2$6 =4941 9L19 =2@§ =997 We have received an application for a Binding Letter of Vested Rights and for Modification to a DRI with Vested Rights for North Golden Gate in Collier County. We are reviewing the application to determine whether the development is vested and whether the proposed plan significantly increases the impacts of the original plan on regional resources or facilities. We would appreciate receiving your comments about the vested status of the development and the impacts of the proposed project, no later than March 21, 1986, so that we may consider them in our deter- mination. Due to statutory deadlines, comments received later than the due date may not be included in the binding letter. You should have received a copy of the application from the ap- plicant. Any pertinent additional information received by the Bureau will be sent to you. Please send a copy of your comments to the applicant, Ms. Tasha Buford, 225 S. .Adams St., Suite 200, Tallahassee, Florida, 32301. If you have any questions about this request, or are unable to meet the deadline, please call me in the Division of Resource Planning and Management, Bureau of Resource Management at (904) 488 -4925 or SUNCOM 278 -4925. Sincerely, Mike Donovan Planner IV Development of Regional 3 Impact Section MD /sr M cc: Ms. Tasha Buford EMERGENCY MANAGEMENT • HOUSING AND COMMU14ITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT YOUNG, VAN AssENDERP, VARNADOE & BENTON, P. A. ATTORNEYS AT LAW RI!HANp E. 9ENTON TASHA O. BUFORD DAv1D L.COoK CLAIRE A. DUGHENIN .I. WAYHE FALBEY G. DONALD THo.5.N KEN VAN AssENDERP GEORGE L. VARNAOOE Roy C.Youmo March 5, 1986 Burt Saunders Collier County Attorney 3301 East Tamiami Trail Naples, Florida 33962 In re: North Golden.Gate Dear Burt: Item # 16A1 September 2J, 2008 Page 20 of 2 GALLICS HALL REPLY TO! 225 SOUTH ADAMS STREET, SUITE 200 POST OFFICE Box Ia33 TALLAHASSEE, FLORIDA 32302 -1833 Naples TELEPHONE (90.) 222 -7208 SUN BANX BUILDING 801 LAUR[L OAR DRNE Sm7E 300 POSr OFFICE BOX 7901' NARLES, FLORIDA 339.1 -7907 TELEPHONE (813) 597 -2819 On or about February 28, 1986, the Department of Community Affairs wrote a letter addressed to Missy McKim asking for comments from the County regarding the vested status of the North Golden Gate development and the impacts for. the proposed project. I would like to remind you that in the Settlement and Zoning Agreement between GAC Liquidating Trust, Amnon Golan as Trustee, and Collier County, the County agreed that the project is vested for the purposes of the Chapter 380 and further agreed to cooper- ate in. obtaining the Binding Letter of Vested Rights (and.modifi- cation thereof) in accordance with the approved plan. If this firm can be of any assistance in helping you prepare a response, we would be glad to do so. If you have any questions, please don't hesitate to call. Sincerely yours, 7 i George L. Varnadoe GLV /jr cc: David Pettrow Missy McKim., Amnon Golan David Friedman 'r STATE OF FLORIDA DEPARTMENT OF COMMUNITY Item # 16A1 September 23, 2008 Page 21 of 26 17,-V:M� MAN 31 1986 AFFAIRS DgIPLAN 2371 EXECUTIVE CENTER CIRCLE; EAST • TALLAHASSEE, FLORIDA 32301 BOB GRAHAM Gwemer Ms. Tasha Buford Suite 200 225 S. Adams Street Tallahassee, Florida 32301 Dear Ms. Buford: March 25, 1986 TOM LE S—Lay � North Golden Gate: BLIVR- 986 -004; BLIM- 986 -007 During our review of your applications for Binding Letters of Interpretation for North Golden Gate we obtained comments on your application from Collier County. A copy of this letter is enclosed for your information. A copy of this letter should also have been sent to you by Collier County. We are now considering these written comments as part of our evaluation of your binding letter application. We would appreci- ate receiving any response you wish to make regarding these com- ments by April 2, 1986. If you have any questions or comments regarding this matter, please call me in the Division of Resource Planning and Manage- ment, Bureau of Resource Management at 488 -4925. Sincerely, Mike Donovan Planner IV Development of Regional Impact Section MD /sr Enclosure cc: J Ms. Missy McKim EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PUNNING AND MANAGEMENT Item # 16A1 September 23, 2008 Page 22 of 26 Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor. N. Ft }Ivers; Fl, 33917 -3909 (941) 656.7720 P.O. Box 3455. N. Ft Myers. FL 33918 -3455 SUNCOJf 749 -7720 F4X 941 - 656 -7724 September 23, 2002 Mr. Richard Joudrey, E.I. Davidson Engineering, Inc. 2154 Trade Center Way, Suite #3 Naples, Florida 34109 Dear Richard: We have reviewed your request in a September 10, 2002 letter for an increase in development within the Orange Tree Planned Unit Development (PUD). You propose to increase the residential units by 1,900 (total 4,000) and the o1mmerciai square footage by 280,000 (total 340,000 square feet). As you know the Orange Tree PUD is a previously vested Development of Regional Impact (DRI) known originally as the North Golden Gate project (VRS- 986 -074, BLIVR- 986 -004 and BLIVR- 986 -007). The four square mile vested DRI is within the settlement area of the Gold Gate Area Future Land Use Map in the Collier County Comprehensive Plan and is allowed to continue development, consistent with the PUD. The current vested land uses within the most recent Orange Tree PUD amendment as of January 21, 1991 are listed below. Residential Units 2,100 Commercial Sq.ft. 60,000 Right -of -way (acres) 149.8 Agricultural (acres) 1,098 Community Use (acres) 86 Golf Course (acres) 200 School /Park (acres) 36 Utility (acres) 15 Lake (acres) 420 Our determination as to whether the Orange Tree PUD is now a DRI with the proposed new development is based only on the new residential units and commercial square feet. All other uses are not subject to DRI review including acres of commercial development per the 2002 legislative changes in Chapter 380.0651. Therefore, because the 2,100 units and 60,000 square feet of commercial are considered vested only the 1,900 units and the 280,000 square feet of Item # 16AII September 23, 2008 Page 23 of 26 commercial is calculated for potential DRI consideration. The calculations for the DRI determination are below. 1,900 units / 2,000 units (Collier threshold) = 95% 280,000 sq.ft. / 400,000 sq.ft (statewide retail threshold) = 70% 95% residential threshold plus 70 % commercial threshold = 165% This total combined DRI mixed -use threshold is 165 %, which is presumed to be a DRI for a two or more land used DRI because it is between 145% and 174 %. However, based on notifying you of this conclusion you requested in a phone conversation on this same date to reduce the residential units to 1,650 and the commercial to 249,000 square feet. The calculations for this DRI determination are below. 1,650 units / 2,000 units (Collier threshold) = 82.5% 249,000 sq.ft. / 400,000 sq.ft (statewide retail threshold) = 62.390 82.5% residential threshold plus 62.3% commercial threshold = 144.8% 144.8% / 145% = 99.9 io of the DRI threshold for a two or more land use project Therefore, in accordance with Chapter 380.06(2)(d)l.a. "a development that is below 100 unaergo aevetopment- or- regional - Impact review ". Finally, as long as the proposed residential and commercial development is at or below the uses listed immediately above the Orange Tree PUD additional uses will not be required to undergo DRI review. If you have any questions, please let me know. Sincerely, SOUTHWE FLORIDA F REGIONAL PLANNING COUNCIL Daniel L. Trescott Principal Planner /DRI Coordinator cc: David Weeks, Planner, Collier County Development Services Bernard Piawah, DCA/BLP -- — Item # 16A1 September 23, 2008, Page 24 of 26 Agenda Item No. 6A- November16,2004 Page 2 of 77 GROWTH MANAGEA'NTIMPACT• The Settlement Area District allows land uses "vested" in 1986; these include 2,100 dwelling units and 22 acres/60,000 square feet (plus hoteVmotel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD — residential, commercial, community uses, etc. The acreage reduction will increase the density from .76 units per acre to .98 units per acre, however the approved maximum number of dwelling units of 2,100 will not change and therefore, the proposed amendment does not increase the vested number of dwelling units or commercial land uses. Based upon the above analysis, staff is of the opinion that the proposed amendment may be deemed consistent with the Rural Settlement Area District in the Golden Gate Area Master Plan (GOAMP). ENVIRONMENTAL ISSUES, The Environmental staff has reviewed the petitioner's application and has waived the requirement for the petitioner to submit an Environmental Impact Statement (EIS) because this petition only reflect the removal of 616 acres from the Orangetree PUD. ENVIRONMENTAL ADVISORY COUNCIL (EA RECOMMENDATION Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPCI: The CCPC reviewed this petition during their public hearing on October 7, 2004. A motion by Commissioner Strain to forward petition PUDA -03 -AR -4227 to the BCC with a recommendation of approval was accepted by a vote of 8 to 0 subject to staff stipulations as contained in the PUD Document. The Planning Commissioners recommending approval found this petition to be consistent with the GNP and compatible with the surrounding land uses. Because one person spoke in opposition to this petition, this petition could not be placed on the summary agenda. STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA -03 -AR -4227 subject to the modifications of the PUD Property boundary and legal description incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary, PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review PUDA -03 -AR -4227, Orangetree PUD Item # 16A1 September 23, 2008 Page 25 of 26 From: Dan Trescott [dtrescott@swfrpc.org] Sent: Tuesday, May 01, 2007 11:18 AM To: tim @davidsonengineering.com Cc: Bemard.Piawah @dca.state.fl.us; DeselemKay; Jason Utley Subject: Orange Tree PUD Tim: Regarding your letter of April 11, 2007 on whether the PUD is a DRI you need to seek your answer from DCA. We do not make DRI Determinations, particularly on projects that have BIVR changes. Contact Bernard at DCA (email included) to seek further guidance. Thanks Daniel L. Trescott, Principal Planner DRI /Hurricane /Sea Level Rise Planning Southwest Florida Regional Planning Council 1926 Victoria Ave. Fort Myers, FL 33901 Office: 239.338.2550 Ext. 220 Fax: 239.338.2560 Suncom 748.2550 EM. 220 email: dtrescott (o)swfrpc.org Web: http: / /www.swfrpc.org Item # 16A1 September 23, 2008 Page 26 of 26 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Gc+emor THOMAS G. PELHAM Sec 'cry December 20, 2007 Thomas A. Cloud, Esquire GrayRobinson, P.A. 301 East Pine Street, Suite 1400 P.O. Box 3068 (32802 -3068) Orlando, Florida 32801 Re: Request for Clearance Letter, Orangetree PUD, Collier County, Florida DCA No: CL-09- 2007 -051 Dear Mr. Cloud: The Department has evaluated your request for a clearance letter in order to permit the addition of 1,250 residential units and 272,000 square feet of commercial uses to the Orangetree Planned Unit Development, located in Collier County Florida. This project was issued a vested rights letter in 1986. Pursuant to Rule 9J- 2.015, Florida Administrative Code, the Department is author zed to issue clearance letters in order to respond to inquiries when the answer is clear regarding the development of regional impact status of a project. However, in this case, the applicant is requesting to modify the footprint of a project with vested rights in order to permit more development. When that is the case the appropriate Procedure to follow is the application for a Binding Letter of Modification to a development of Regional Impact with Vested Rights. In view of this circumstance, the Department is recommending that the applicant submit a request to modify the Vested Rights Letter of 1986 following the procedures established in Chapter 380.06(4), Florida Statutes, and Rule 9J- 2.016, Florida Administrative Code. If you have any question on this —matter, please, do not hesitate to call Bernard O. Piawah, Interim Regional Planning Administrator, at 850- 922 -1810. Sincerely, Mike McDanial, Chief Office Comprehensive Planning MM/hp RECEIVED cc: Mr. Daniel Trescott, DRI Coordinator, Southwest Florida Regional Planning Council DEL 200f Ms. Kay DeDalcm, AICP. Principal Planner, Collier County Department of Zoning 77�� C 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, EL 32399.21(iV'RlI�u DEPART "vtLl� -� ''r��ne. 350- 468- 84p6 /S,J.%LOM 278 -07 6 Fn x. y�0 -92I O'9115;INC�iM 211-0771 '7 J;il9: :v r. v ;1 •- -� L;� OMMUNIN PLANNING AREAS Of CRITICAL SlAiE CONCERN NED ORICE HOUSMGAND COMMUNITY DEVELOPMENT