Resolution 1998-049
DEVELOPMf.:'\T ORDER 98- 1
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RESOLUTION 98- 49
A RESOLLJTlO:--: AMENDli':G DEVELOPMENT ORDER 84-3, AS AMENDED, FOR THE
MARCO SHORESIFIDDLER'S CREEK DEVELOPMENT OF REGIONAL IMPACT ("DRI") BY
PROVIDING FOR: AMENDMENTS TO SECTION I RELATING TO GENERAL LAND USE
INFORMATION CONCERNING THE DEVELOPMENT; ~'v1ENDMENTS TO SECTION 2
RELATING TO FINDINGS OF FACT REGARDING THE LEGAL DESCRIPTION AND
GENERAL LAND USE INFORMATION; AMENDMENTS TO SECTION 4 RELATING TO
PROJECT DEVELOPMENT AND RECREATIONAL FACILITIES TO SHOW A NEW
REFERENCE TO THE MASTER PLAN; AMENDMENTS TO SECTION 4 RELATING TO
WATER SUPPLY AND TREA T~1ENT AND DISTRIBUTION TO REFERENCE THE
FIDDLER'S CREEK ADDITION; AMEND~lENTS TO SECTION 4 RELATING TO
MAINTENANCE FACILITIES TO REFERENCE THE FIDDLER'S CREEK ADD1TIO~;
M1ENDMENTS TO SECTION 7 RELATING TO THE LENGTH OF TIME THE
DEVELOPMENT ORDER IS EFFECTIVE TO EXTEND SAME; AMENDMENTS TO SECTION
13 RELA Tli':G TO THE MASTER PLAN TO REFERENCE THE AMENDED MASTER PLAN;
FINDINGS OF FACT. CONCLUSIONS OF LAW; AND EFFECT OF PREVIOUSLY ISSUED
DEVELOP:-'1E:--:T ORDER. TRANSi\1ITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS. 951 Land Holdings Joint Venture (hereinafter "Developer") submitted a Notice
of Proposed Change for the Marco Shorcs Planncd Unit Devclopment, Unit 30, and petitioned the
Board of County Commissioners of Collier County, Florida to amend the Marco Shores Development
Order, Collier County Development Order 84-3, as previously amended by Resolutions 84-237, 8ls-
117, 89- 149, 96-333, and 96-530 only with respect to the Unit 30 ponion of the Marco Shores
Development Order.
WHEREAS. Developer desires 10 add approximately 1,385 acres ofland (all of Section 18
tying south and west of U.S. ~l. all ofSeclion 19, and the north 'h of Section 29, Township SI
Soulh, Range 27 East, in Collier County) to the Fiddler's Creek portion of the Marco Shores DR1;
and
WHEREAS. the 1,385 acres ofland to be added to Fiddler's Creek by this amendment as
described abo....e, together with the 690 acre previous addition to Fiddler's Creek in Section 13,
Township 51 Soulh, Range 26 East, are collectivcly defined in the Marco Shores PUD and may be
hereinafter referred to as the "Fiddler's Creek Addition"; and
WHEREAS. this amendment is only intended to amend Development Order 84-3, as
previously amended. as it relates to Fiddler's Creek.
NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners, Collier
County, Florida. that:
Words underlined <In: addilions; words ~b u~k lluwtd, Ire: dc:k1Ions.
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SECTIO~ O~E: "\MEi'iD;\IE~TS TO IH:Vf.LOI)~IEi'iT OIU>ER
:\ Untitled Scction I of Development Ordcr 84-3. as amended. for the Marco
Shorc~IFiddlcr'!\ (r~~k OR1 is h~rcby a1l1..:nded 10 r..:ad as ti,)lIows:
Seclion I That this Reslllulion shall constitutc an amendment to the Dcvelopmcnt Ordcr
issucd by Collier County in rcsponse to the ADA tiled by Dcllona. prcvious Noticcs of Proposed
Change and thc i':oticc of Proposed Change liled by the Devcloper for a ponion of Unit 30, which
is a component of :-'larco Shores. a Planned Unit Dc\'c1opmcnt. Isle of Capri Commcrcial Arca and
Kcy :-'larco (lIorr's I siano). The Fiddler's t'r..:..:k p~lrtil1l\ of Marco Shorcs shall consist of 2379.11
:; 764 acres. 6.000 dwelling units. 33.6 acr..:s of "Business", open space, golf courses, lakes and
preserves as sct fonh hcrcin. and shall be known as riddler's Creek, a Planned Unit Dcvclopment.
The scopc of de\'clopmem to be pcrmillcd pursuant to this Order includes operations described in
the ADA. prior amendmcnts appro\'Cd for the dc\'c1opment. changes approved herein and the
supponing documenlS which by rclcrence arc made a pan hcreof as composite Exhibit B.
[3 Scction 2 of Oe\'Clopment Order 84.3. as amendcd, for the Marco Shores/Fiddlcr's
Creek DR1, containing Findings of Fact. is hcrcby amendcd to read as follows:
Section 2. That the Board of COUrIt}; Commissioners, having reccived thc abovc-rcfercnced
documents, and having receivcd all relatcd commcnts. testimony and evidence submitted by each
pany and members of the gcncral public. linds that thcrc is substantial compctent evidence to suppon
the following tindings of fact
A That the real property which is the subject oftl., ADA this Development Order
84-3 as amended includin:: the Fiddler's Creek Addition is legally described as set fonh in Exhibit
"A", a!,d C.,],;b;t "A-I", tile: k!:;al d<;;:."iptioll h." r;ddk,';) C.eek "itl, the add;t;oll oCtile 690 aCI'e
tT'ltct: which nre is auached hcrcto and by reference made a pan thereof~
B. The application is in accordancc with Section 380.06( I 9) Florida Statutes :lS
modificd by thc ~tarco Agreement
C. The applicant submilled tn the Cnunty an ADA known as composite Exhibit
B. and by refercnce madc a pan hcrcoC to the extent that tJ...) AI e illi not inconsistent with the terms
and conditions of this Order.
\\'''flls lInd"fhm'd af" ..,I,hlitln~. \\tlf<l~ .,I.",\.. II..",,!:!I. ILfe c.le1cli"n~
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D Thc applicant proposes thc dcvelopment of Fiddler's Creek, Isle of Capri
Commercial Arca and Horr's Island all of which arc a part of the Marco Shorcs PUD. Fiddler's Creek
consists of :Tt9-H 1 764 acrcs WOO multi-family Cnits, and 2100 singlc-family dwelling units for
a total of 6.000 dwclling units at a gross dcnsity of ~ ti units/acrc; business scctions; sitcs for
parks. rccrcation arcas~ Collicr County School Boad propeny;utility facilities; community facilities;
prcscrvlllion arcas~ and lakes, and roads. Islc of Capri Commcrcial Area previously designated for
neighborhood commcrcial uscs has bccn 111llcnded by the Board of County Commissioncrs to pcrmit
a 150 room hotel with acccssory uscs and restaurant and utility site. Ilorr's Island is 21281) acrcs.
300 multi-family dwclling units at 1 41 units/acre with parks and recreation area
E Thc Dc\'clopment is consistent with the rcport and rccommcndations ofthc
SWFRPC
r: The dcvelopment will not unrcasonably interfcrc with the achievement of:he
objectivcs orthe adopted Stale Land Dcvclopment Plan applicable to the arca
G A comprchensivc review ofthc impact generated by the dcvelopment has bcen
conducted by tbe County's dcpartments and thc SWFRPC
H Thc dc\'c1opment is not in an arca dcsignatcd an arcas of critical rull.l: conccrn
pursuant to the pro\'isions of Scction 380 06~. Florida Statutcs. as amcnded.
Thc dc\'clopmclll is consistcnt w;th the land development regulations of Collier
County
C Section 4 of Developmcnt Order &4-3, as amcnded. for the Marco Shores/Fiddler's
Crcck DR I. at Paragraph D. Subparagrilph I. cntitled "Project Dcvclopment and Recreational
Facilities" is hcreby amcndcd to rcad as follows
Projcct Dcyelopmcnt and Rccreational Facilitics: The proposed construction
shall comply with all standards set forth and the resulting completc project shall adequately scrve its
occupants and members and will not cause a gencral public problem Such measures l\S the
construction of streets, screens. signs, landscaping. crosion control and other similar-in-function
facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on
Exhibit "C and Fiddler's Crcek Exhibit 'TC-C" "Fe.:\" Master Developmcnt Plan, shall be
providcd and complctcd in timing with the adjaccnt rcsidential units and as speciticd in the PUD
\\'",Js un,l..:r!tnL'd life ih,lJI'HlflS, \\\'rJ:'l :"llll"k lluV\,It-1J arc f.h:":ll"'lIn~
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doculllcnt Till: northern golr wurst.: in huuJds Creek was constructeu by a resort hotel corporation.
This course is used primarily lor the recrcational use of their guests. Secondarily, residents of
Fiddlcr's Creek will havc acccss to this coursc on an as-spacc-is-availablc basis, and the public m&y
have similar access The southcrn l1ne! eastern golf courscs in Fiddler's Creek shall be constmctcrJ
when feasiblc III scrvc the surrounding residential units The southern golr course and recreational
C1cilitics shall he privately owned facilities and constnlctcd lln the dcsignated sites in conformance
with thc dcvclopmcnt necds ofthc project
:'\eighborhood parks. bike trails, and othcr community recreation facilities shall be
constructcd and completed in conformance with the gcncral development schedule of the projcct.
Those facilities scheduled for subsequcnt donation to the County as part of the dcvelopment plan arc
two community facility sitcs
The school sitcs specitied in Development Order 84-3 have bcen dedicated to the Colli':r
COUl1lY and previously accepted by Thc ('oilier County School Board Developer has traded property
outsidc of Fiddler's Crcek to the School Board ror some of the property owned by the School
District in Fiddlcr's Crcek ;\cighborhood Parks will be dedicatcd to the Homcowncrs Association
or Community De\'c!opmcnt District upon thcir complction in conformance with the dcvclopment
schedule ofthc projcct The Community Facilities Sites in Fiddler's Creek will provide a location for
the construction of public facilities, which may include a sheriff's sub-station, fire station, library site
and emergcncy mcdical scrviccs Thesc Community Facilities Sites will be dedicated to the County
at thc County's rcqucst
D Section 01 of Dc\'clopment Order 801-3. as amended, for the Marco Shores/Fiddler's
Creek DRI. at Paragraph 0, Subparagraph 6, entitled "Water Supply and Treatment and Distribution~
is hcrcby amended to rcad as follows
6 Water Supply and Treatment and Distribution
a. The County Water-Sewer District through its Regional Water System shall be
the sole pro\'ider and purvcyor of" water to those ponions of the development lying within any non-
franchised areas
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b. All plans and specifications for transmission and distribution facilities proposcd
for the arcas under this petition shall be rcviewed by the Utilities Division for conformancc with
current subdivision requiremcnts and Utilities Division standards for construction.
c. All transmission and distribution facilities within the non-franchised areas :;hall
be dedicated to the County Water-Sewer District prior to being placed into service.
d. All water users in the non.franchised areas shall be County customers.
c. Prior to the issuancc of building permits for new water dcmanding facilitics,
the applicant for the building pcrmit shall pay all appropriate systcm development charges applicable
at the time application for the building permits are made.
r Collier County shall supply potable water service to Fiddler's Creek. Wells
may be constructed in Sections 22, 23 and 24 of Township 51 South, Range 26 East in Fiddler's
Creek and in Fiddler's Creek Addition to provide non-potable water for irrigation as permitted by the
South Florida Watcr Managcment District.
E. Section 4 of Developmcnt Ordcr 84-3, as amended, for the Marco ShoresIFiddlcr's
Creek DR1. at Paragraph D, Subparagraph 15 entitled "Maintenance Facilities" of is hercby amcnded
to rcad as follows:
15. Maintcnance Facilities
a. Developer has petitioned for, and the Florida Land and Water Adjudicatory
Commission has cstab1ished, a community development district crcated under Ch. 190, Fla. Stat., for
the Fiddler's Creek area as it existcd prior to the addition of the 690 4(" (. paced (SeetiOl1 1 J) Fiddler's
Creek Addition.
The Developer may petition for the creation and establishment of a separate
community development district pursuant to Chapter 190, Fla. Stat., for Seet;oll 13 the Fiddler's
Creck Addition or the developer or district may petition to expand the existing Community
Development District, pursuant to Ch. 190, Fla. Stat., to i.n.clu.d.l: said Seetio.. 13 Fiddler's Cree~
Addition, at its option Within areas incorporated therein, any Community Development District
serving Fiddler's Creek will own and will have the responsibility for operating, maintaining, and as
appropriate, improving and expanding the following common areas and systems, facilities and
semces:
Word~ underlined ure Uoollions; words .bu.!.. d..u..j;h arc dct~1ions.
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(I) Any drainage facilities and right-of-way (strccts and roads) that are not
dcdicatcd to thc County at the timc of platting;
(2) The water management systems within Fiddler's Creck, including lake
and lakeshore maintcnance;
(3) Internal neighborhol)d parks shall bc dedicatcd to the Fiddler's Crt~ek
Homeowncrs Association or the Community Development District for ownership and maintenance;
(4) Certain rccrcatlonal amcnities and facilities which arc not owned and
opcrated by the Dcveloper. othcr privatc interests or individual condominium associations;
(5) Strect lighting. and;
(6) Such othcr common areas, projects, systems, facilities and services
which arc desircd by the landowner or rcsidcnts of the Fiddlers Creek Community Development
District but which arc not availablc through other local govcrnment or private enterprise and which
arc defined or authorizcd by Ch. 190, Fla. Stat.
Chaptcr 190 fla. Stat. grants community development districts crcatcd and
established thcreundcr all powcrs necessary to achieve their purposes, including the power to levy
and collect taxes and non-ad valorem special assessments, borrow money and issue bonds. The
Developer has the responsibility for the election of the members of the Board of Supervisors of the
Fiddler's Creek Community Development District until it is turned over to thc residents as provided
undcr Chaptcr 190 Fla. Stat.
(b) Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay
Multi-Family Area A community association (the "Key Marco Community Association") wilt be set
up by deed restriction The owners of all property on Horr's Island and along the entranceway to
Horr's Island will be members of tile Key r-.1arco Community Association. Propcny Owner's will be
assessed a monthly maintenance fce to support thc work of the Association. The Association will
have lien rights to enforce collection of monthly fces The Key Marco Community Association will
own and will have the responsibility for operating and maintaining the following common areas and
facilitics:
(I) The entranccway to Horr's Island, including any security system;
Words umh:rlin<'d arc lIo.1o.1ilion~; wllrds .I,,,~" 11.."",,11 are delelions.
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(2) The roadway from County Road 92 to Horr's Island and all internal
streets and roads on Horr's Island. including all drainage facilities that are not the responsibility of
individual condominium associations;
()) Parks and rccreation areas;
(4) Strect lighting;
(5) The historical preservation site and Indian mounds on Horr's Island,
including the public dock and access-way to the Captain Horr house (the Key Marco Community
Association may cooperate with local historical societies to maintain and/or restore the Captain Horr
house);
(6) The bridge across Blue Hill Creek to Horr's Island, including
maintenance of all required navigational lighting; and
(7) Such other community areas and facilities which are desired by the
resident ofHorr's Island but which are not available through local government or private enterprise.
c. Isle of Capri Commercial Area: Roads in this area either already exist and are
being maintained by the State or county or they will be dedicated to the County at the time of
platting. All common areas and facilities will be the responsibility of the individual commercii\1
owners and operators of the Isle of Capri Commercial Area.
F. Section 7 of Developmcnt Ordcr 84-3, as amended, for the Marco ShoresIFiddler's
Creek DR!, specifying the length oftimc the development order is effective, is hereby amended to
read as follows
Section 7. That this Order shall remain in effect for a period of thirty-four (34) t3e} years
eleven months from the effective date of this Development Order. Any development activity wherein
plans have been submitted to the County for its review and approval prior to the expiration date of
this Order, may be completed, if approved. This Order may be extended by the Board of County
Commissioners on the finding of excusable delay in any proposed development activity.
G. Section 13 of Development Order 84-3, as amended, for the Marco ShoresIFiddler's
Creek DR!, relating to the Fiddler's Creek Master Plan is hereby amended to read as follows:
\V"rds umlcrlmcd arc additions; words .Il ""k lIuvue:;l. are dclttions.
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Section 13 Thc Marco Shores/Fiddler's Creek DRI Developmcnt Order (Resolution 83-4
8.4::.3., as amended), is hereby amended to add the Fiddler's Creek Master Plan attached hereto and
incorporated by reference herein as Exhibit lIf€.€JI' :.EC:A.:.
SECTION TWO: FI;'<olDIl"GS OF FACT
A That thc rcal propcrty which is thc subicct of this Dcvclopmcnt Order,
including thc Fiddler's CrccK Addition is legally described as sct forth in Exhibit" A", attached hereto
and by reference madc a part hcreof
[3 The application is in accordancc with Section 380.06( 19), Florida Statutes.
C The applicant submitted to the County a Notice of Change to a Previously
Approved DR!, marked as Exhibit "B", and by reference made a pan hereof.
D. The applicant's predecessor in interest proposed the developmcnt of Matco
Shores including a ponion oflhe area now to bc known as Fiddlcr's Creek on 1,689. I I acrcs ofla:1d
for a commercial and residential dcvelopment describcd in Developmcnt Order 84-3, as amended.
E A comprehensive re\~ew ofthc impacI generated by the proposed changes to
the previously approved development has been conducted by the County's depanments and Ill:
S\\'FRPC
F. 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.
SECTIO:'li THREE: COlliCLUSIOiliS OF LAW
A The proposed changes to the previously approved Development Order as presenh:d
do not constitute a substantial deviation pursuant 10 Scction 380.06( I 9), Florida Statutes. The scopc
of thc development 10 be permitted pursuant 10 this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved DRI, Exhibit "B", by
reference made a pan hereof.
B. Thc proposcd changcs to the prcviously approved development arc consistent with
the repon and recommendations of the SWFRPC
C The proposed changes to the pre..iously approved development will not unreasonably
intcrfere with the achievement of the objectives of the' adopted State Land Dcvelopmcnt Plan
applicable to the area.
\Vords underlined arc uddilions; words .b...k t1.......~laro: do:k'\ions.
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D. The proposed changes to the previously approved Developmcnt Order are consistent
with the Collier County Growth Management Plan, as amended, and the Land Development
Regulations adoptcd pursuant thercto
E. The proposed changes to the prc..;cusly approved Development Order are consistent
with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRAI'iSMITTAL TO DCA AND EFFECTIVE DATE,
A. Except as amended hcreby, Devclopment Order 84-3, as amcnded, shall rcmain
in full force and elrect. binding in accordance with its terms on all panics thereto.
B. Copies of this Development Order 'If" / shall be transmitted immediately
upon execution to the Depanment of Community Affairs, Bureau of Local Planning. and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOL VED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
r4
Done this.fdt day of /~"'~.I,uA~/ , 1998.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COM.o\11SSIONERS
COLLIER COUNTY, FLORIDA
~.,~--~4-./z. (I.
I
BY:~~ 8 ~
RBARA B. SERR an
Approved as to form and
legal sufficiency:
Th(J~GA..ii .In ../trn"cd
Marjor' M. Student
Assistant County Attorney
l-fNlo.llcn 40........
Fcbnluy II. 1991
Words undeftincd arc additions', wordl .b","~ t1"""I9' Ire deletions.
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