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Resolution 2000-155 DO 2000-02 12Cl DEVELOPMENT ORDER 2000-03 RESOLUTION NO. 2000 -15 5 A RESOLUTION AMENDING DEVELOPMENT ORDER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMP ACT BY PROVIDING FOR: SECTION ONE AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE, AND TO INCREASE THE ACRES ATTRIBUTABLE TO GOLF COURSE, OPEN SPACE AND RESIDENTIAL DEVELOPMENT AND AMENDING THE MASTER PLAN AND LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA; 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, the Board of County Commissioners of Collier County, Florida, approved Development Order 86-01, (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as Olde Cypress forinerly the Woodlands Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86-01, the Board of County Commissioners of Collier County, Florida, approved several amendments to said Development Order; and WHEREAS, "aide Cypress" through its authorized agent, has filled its application and notice of proposed change to Development Order No. 86-01, as amended which is attached hereto and incorporated herein as Exhibit "B"; 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 aIde Cypress DRI Development Order No. 86-01, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. 0< ~-3 7 on /J;~~.l~ , which had the effect of amending the PUD zoning district for the aIde Cypress development previously approved in Ordinance No. 99-27; and WHEREAS, on "-J'1~2.J( .lHICI , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered "Olde Cypress" application and notice of proposed change to the Olde Cypress DRI Development Order No. 86-01, as amended, and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier Words struek thrS\!gh are deleted; words underlined are added. -1- 12Cl ' County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners hereby approves the following Olde 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 AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86-01, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 4. The applicant proposes the development of Olde Cypress, pursuant to the ADA, and the terms and conditions of this Development Order, as the same may be amended. The development consists of 528.8 538.1 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately 152.5 155.2 acres, approximately 176.2 acres of preservation area, and approximately !5!.7 168.3 acres of lakes, open space, an 18-hole golf course and 2.1 acres of lake/preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. SECTION TWO: FINDINGS OF FACT The real property, which is the subject of the proposal, is legally described as set forth in Exhibit B, attached hereto and by reference made a part hereof. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit C, and by reference made a part hereof. The applicant proposes the development of Olde Cypress on 538.1 acres of land for residential/golf course and commercial development described in Development Order 86- 01, as amended. 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. Words st.-'a:~x t.~:zugh are deleted; words underlined are added. -2- 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, as amended. G. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), 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 C, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of buildout pursuant to Subsection 380.06(1)( e )2., Florida Statutes. 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 are consistent with the Collier County Growth Management Plan 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. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes. SECTION FOUR: A. Except as amended hereby, Development Order 86-01 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order No~t:~oO.~ 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. C. This Development Order shall take effect as provided by law. Words struck t~:augk are deleted; words underlined are added. -3- This Resolution adopted after motion, second and majority vote. Done this ~tO~/t~ day of "~ ~ ,2000. Attest as to Chairman's signature onl). ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF CO~.L~MISSIONERS COLLIE~:~K/NTY, FLORIDA Ma~'j ;r~l~I7 Student - Assistant County Attorney g/admin/DOA-86-0 l/RN/im Words ~"'~' *~' .....~' are deleted; words underlined are added. -4- ;;":":;;;:::;::;;'.:;;;;:::;:;:;;::;;;:;;:::;:: , ................ ::::::::::::::::::::::::::::::::::::::::::::::..,....:.:.:.;.;.:.:,:.:.;.:.;.;.:.:.; :.; ....... ...... '.;.;.;.;.;.:.;.;.:.:.:.;,:.:.:~ · . .............';! ' ':i:i:i:i:i:!:i:!:i:~, · . ................:.:.:.:.:.:.:.:.:.:.::~,, ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:: EXHIBIT "A" Exhibit 12Cl Preserwng ar~l ennanc~ng F7onda's aua/ity of life since 1966 HOLE. MONTES &ASSOCtATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #1997076 REF. DWGS. #A-1026 & #A-1091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, El12-SW114-NW1/4, W1/2-SE1/4-NW1/4, W1/2-SE1/4-SE1/4, W1/2-W1/2-SW1/4-SE1/4, SE1/4-SW1/4, E1/2-W1/2-SW1/4-SW1/4, E1/2-SW1/4-SW1/4. AND THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2.2,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 114 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY .OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS J. GARRIS P.L.S. # 3741 STATE OF FLORIDA EXHIBIT "B" 1(:~..~3 A~=-'RNATHY STREET E~ONITA ,.~:q~ll'~K~. FLORIDA 34135 941-~2.-O79~ FAX Preserving ana enhancing Flonda's aual~ty of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT # 1998060 REF. DWG. A-1170 11/17/99 I I I I I I I I I LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 , THOMAS M. MURPHY P.S.M. # 5628 STATE OF FLORIDA 10~3 AI~I=INATH~ STR~T BONITA SPRINGS. FLORIDA 34135 941-g"32-O795 FAX 941-992-2327 FORM RPM-BSP-PROCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 (904) 4884925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. I, Robert L. Duane, the undersigned owners/authorized representative of Olde Cypress Development, LTD., a Florida Limited Parmership, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Woodlands DRI now to be known as Olde Cypress Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. Date Signature Signature EXHIBIT "C" W:\ 1998\1998152kld~lanuary PUD - NOC - Driving Ran~FORM RPM-BSP.do¢ Applicant (name, address, phone). RESPONSE: 1201 Mr. Paul Hardy The Strand 5645 Strand Blvd. Suite 3 Naples, Florida 34110-7300 Authorized Agent (name, address, phone) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 Location (City, County, Township/Range/Section) of approved DRI and proposed change. RESPONSE: The Olde Cypress DRI is located in Sections 21 and 22, Township 48 South, Range 25 East. The lands to be added comprise +9.3 acres and are located along the near eastern extremity of Olde Cypress. (See Location Map Exhibit #7.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout 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. RESPONSE: The proposed Notice of Change is to add ±9.3 acres for a Golf Course Driving Range along the near Eastern extremity of the project in Section 21, Range 25 East, Township 48 South. The request is also to designate the currently existing golf course driving range adjacent to the Club House as Residential "R" on the proposed Map H, and the "target" area for the golf course driving range also will be designated "R". In summary, the size of the Golf Course / Open Space area depicted on Map H for the project as a whole will increase from 161.7 acres to acres to 168.3 acres, including lakes. The Residential Area will increase from 152.5 acres to 155.2 acres as noted in the attached cover letter. There is no increase in the number of dwelling units, or commercial floor area and no change to the phasing schedule, commencement date or build-out date. approved in the development. If no change is proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types listed in the Substantial Deviation Chart: Residential and Open Space The following page is a completed substantial deviation chart for Residential and Open Space lands to be added in 2000. A Substantial Deviation Chart is also provided for the 1996 changes. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County since the original Woodland's DRI Development Order (DO 86-1) was issued on November 6, 1986. The following is a description of the five (5) DO Amendments: \~6,LR2\WP~1998\1998152~d~lanumy PUD - NOC - Driving Rangc~,ESPONSES12-09.doc ~< z z z (1) (2) (3) (4) (5) Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7) and (8), Transportation, to clarify responsibilities of Collier County and the developer; amended Section B(5) (b) (4), Transportation Conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; Resolution Number 87-207 adopted September 15, 1987, amending Section A(4), findings of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudieatory Commission taken by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its Final Order of Dismissal of the appeal. Resolution Number 94-774 adopted November 1, 1994, extended The Woodland's DRI commencement date and the buildout/termination date by four (4) years, eleven (11) months or until October 7, 2000, and October 7, 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. On October 22, 1996, the BCC amended the Development Order with Resolution 96- 482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 S.F. to 165,000 S.F. and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management District. Also, the Right-of-way Reservation on the East side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, weftands, consistency with the comprehensive plan and fire by the deletion thereof. In December 1999, 28.69 acres were added to the eastern edge of Olde Cypress in Section 22. Lands to be added included a 2.1-acre Archeological Preserve Area. Standards were also incorporated into the Development Order to provide protection for archeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the Development Order to accommodate the Notice of Change. \~e~LR2\WIA1998\1998152~chJanuary PUD -NOC - Driving Rangc'xRESPONSES 12-99.doc 11. 12. 10. 1201 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 1/2 mile on a project master site plan or other map. RESPONSE: No additional lands have been purchased or optioned by the Applicant within one quarter (1/4) mile of the original DRI other than lands that were added to the 1999 Notice of Change which comprised the 28.68 acres along the far eastern extremity of Olde Cypress. 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), Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes. Do you believe this Notification of Change proposes a change which meets the criteria of subparagraph 380.06(19)(3)2, Florida Statutes? Yes No X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. Will the proposed change require an amendment to the local government comprehensive plan? RESPONSE: The proposed change will not require an amendment to the local comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: 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. RESPONSE: The exisfmg Map H is attached as Exhibit 1 and the proposed Master Plan, Map H, is attached as Exhibit 2 depicting the proposed changes. W:\1998\1998152~ciLlnnuary PUD - NOC - Driving Rangcqt.ESPONSESI2-99.doc 13. 12Ci Pursuant to Subsection 380.06(19)(0, Florida Statutes, 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: Ae 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 !and 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; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order (Exhibit 8). aJ An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; RESPONSE: See revised legal description attached to Development Order. Ce A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; RESPONSE: No change. De A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. 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; Fe RESPONSE: No change. 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. RESPONSE: No change. W:\1998\19981 $2~d~lanuary PUD - NOC - Driving Rang¢~ESPONSES 1 :~-99.doc