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Resolution 1989-077A MARCH 28, 1989 RESOLUTION 89- 77A RESOLUTION AMENDING THE PELICAN BAY DEVELOPMENT ORDER 77-1; BY PROVIDING FOR A SUBSTANTIAL DEVIATION TO THE ORIGINAL DEVELOPMENT ORDER TO INCREASE THE COKMERCIAL SQUARE FOOTAGE TO 1,095,000 SQUARE FEET OF GROSS BUILDING AREA; SPECIFYING CONDITIONS APPLICABLE TO THE SUBSTANTIAL DEVIATION PROJECT. WHEREAS, Byron Koste, President of Westinghouse Communities of Naples Inc. petitioned the Board of County Commissioners of Collier County, Florida, to amend the Pelican Bay Development Order (77-1) ~ and WHEREAS, the petitioner has requested that the authorized commercial square footage be increased by 337,966 square feet to 1,095,000 total square feet of gross building area within the Area Commercial District and Community Commercial District identified on the Pelican Bay Planned Unit Development (PUD) Master Plan; and WHEREAS, the development proposal for the increased square footage has been determined to be a substantial deviation from the originally approved Development Order according to Chapter 380.06(19), Florida Statutes; and WHEREAS, The Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held two public hearings on the Application for Development Approval on December 1, 1988 and March 16, 1989~ and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held two public hearings on the Application for Development Approval on January 3, 1989 and March 28, 1989; NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: The Pelican Bay Development Order is hereby amended.by adding the following: 3/27/89-8 {;Ja-c-r-- ad-Ii - / MARCH 28, 1989 Subsection IX Increase in commercial Square Footage. The Pelican Bay Development Order authorized 350,000 gross leasable square footage of office use and 310,000 gross leasable square footage of retail use as identified in the Application for Development Approval. The 350,000 gross leasable square footage is converted to 430,718 square feet of gross building area for office space. The retail space is converted from 310,000 gross leasable square footage to 326,316 square feet of gross building area. The total commercial square footage authorized by Development Order 77-1 is 757,034 gross building area. The Development Order is hereby amended to authorize a total of 1,095,000 square feet of commercial gross building area (subject to the provisions of section Three) consisting of a maximum of 435,000 square feet of gross building area for retail space and a maximum of 945,000 square feet of gross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. The increase of 337,966 square feet of gross building area is referred to as the Substantial Deviation Project. A maximum of 640,400 square feet of commercial gross building area (containing a maximum of 285,000 square feet of retail) shall be constructed in the Area (South) commercial District. A maximum of 454,600 square feet of commercial gross building area (consisting of 304,600 square feet of office and 150,000 square feet of retail) shall be constructed in the Community (North) Commercial District (subject to the provisions of section Three). contingent upon adoption of the rezoning ordinance(s) specified in section Three A. of this Resolution, all commercial square footage authorized by Development Order 77-1 for the Neighborhood Commercial District is hereby reallocated to the Community commercial District as part of the 454,600 square feet. The phasing of all cO'lllllercial square footage is addressed in section Two E.4. hereof. Whenever used herein the term "Gross Building Area" shall mean the total square footage of the building including all parts and components thereof, and unless (;) c;r~J~-,/J. ~ t,~ i" , I'~~" .:.~} ,.... , f,.' ~:,::' ..,',... \,.,... .~.~' J!&. lfK~ ,t". '~~, :~i~~.\ t ~ :~.) ~,~. ~:' ~}: MARCH 28, 1989 otherwise specified, all square footage references are to gross building area. SECTION TWO: The Pelican Bay Development Order is further amended by adding the following: Subsection X Conditions applicable to the Substantial Deviation Project. A. Solid Waste 1. The applicant and subsequent tenants of the proj ect shall investigate methods of reducing solid waste volumes at the project. 2. The applicant and subsequent tenants of the project shall identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on site, in accordance with local, regional, stata and federal hazardous waste programs. B. Wastewater Management 1. If any portions of the projects are found to be hazardous wastewater generators, the applicant and subsequent tenants must provide assurance that hazardous wastewater will be segregated from everyday wastewater and handled in accordance with Florida Department of Environmental Regulation (FDER) criteria. c. Water supply 1. The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This design application should help to further reduce irrigation requirements for this DRI. 2. The applicant shall incorporate the use of water conserving devices, as required by state Law (Chapter 553.14, Florida statutes). No irrigation on the property site after the establishment of landscaping should be permitted between 9:00 a.m. and 5:00 p.m., as a water conservation best management practice. -3- ,{9~ c;,;}._/1-3 , ',; MARCH 2B, 19B9 D. Energy Existing deed restrictions contain a desiqn review process. As to dlo1velopment of the substantial deviation project, said design review process shall incorporate, where appropriate in saving energy, the appropriate conservation features below, in order to mitigate the energy impacts of the proposed project. The County may, when appropriate in saving energy, impose any of the following as a buildinq permit condition for development in the substantial deviation project. 1. provision for a bicycle/pedestrian system connecting all land uses, to be placed alonq arterial and collector roads within the project. This system is to be consistent with applicable local requirements. 2. provision of bicycle racks or storage facilities. 3. Cooperation in the locating of bus stops, shelter and other passenger and system accommodations for a transit systems to serve the project area. 4. Use of energy-efficient features in window design (e.g., :inting and exterior shading). 5. Use of ceiling fans. 6. Installation of energy-efficient appliances and equipment. 7. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., buildinq orientation). 8. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots, and other areas to reduce local air temperatures and reflected light and heat. 9. Installation of energy. 'efficient lighting for streets, parkinq areas and other interior and exterior public areas. J9~dd.-/J.jL MARCH 28, 1989 10. Use of water closets with a maximum flush of 3.5 gallons and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, Florida statutes. 11. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. 12. Planting of native shade trees to provide reasonable shade for all streets and parking areas. 13. Placement of trees to provide needed share in the warmer months while not overly reducing the benefits of sunlight in the cooler months. 14. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. 15. Prov is ion of structural shading (e.9., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. 16. Consideration by the project architectural review committee (s) of energy conservation measures (both those noted here and others) to assist builders and commercial tenants in their efforts to achieve greater efficiency in the development. E. Transportation 1. The applicant shall be fully responsible for site-related roadway and intersection improvements required within the Pelican Bay Substantial Deviation proj ect. The applicant shall be required to pay the full cost for any intersection improvements (including, but not limited to, signalization, tu,':n lanes, and additional through lanes) found to be necessary to maintain peak season/peak hours LOS "DII by Collier county or the Florida Department of Transportation as appropriate, for -5- ...f.>.J ~ a ~ - /9. s- MARCH 28, 1989 the substantial deviation project's access intersections throughout all phases of the development. 2. Adequate commitments are being provided by the applicant, local or state government for the necessary standard transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain peak season/peak hour LOS "D" for the impacts of the substantial deviation project as indicated in Table B-4 of the SWFRPC assessment to the following regional and local roadways through project buildout in 2014 : ll.Lil Bonita Beach Road (CR 865) to Collier County line (Lee County) Collier County line to Old 41 Road (South) Old 41 Road (South) to Immokalee Road Immokalee Road to Vanderbilt Beach Road Vanderbilt Beach Road to Pine Ridge Road pine Ridge Road to Golden Gate Parkway 5th Avenue South to Goodlette Road Goodlette Road to East of Davis Boulevard (SR 84) Immokalee Road (CR 865) US 41 to Airport-pulling Road Airport-pUlling Road to 1-75 Pine Ridqe Road (CR 896) Goodlette-Frank Road to Airport-pUlling Road Airport-Pulling Road to I-75 I-75 to Santa Barbara Boulevard Airoort-Pullinq Road (CR 31) Pine Ridge Road to Golden Gate Parkway Golden Gate Parkway to Radio Road Vanderbilt ,Drive (CR 901) 111th Avenue North to Vanderbilt Beach Road Vanderbilt Beach Road (CR 8~ US 41 to Goodlette-Frank Road Goodlette-Frank Road to Airport-Pulling Road Airport-Pulling Road to I-75 Goodlette-Frank Road Immokalee Road to Vanderbilt Beach Road Vanderbilt Beach Road to pine Ridge Road -6- fC) '" _ '" / ~;:) -A, L MARCH 2B, 19B9 3. Adequate commitments are being provided by the applicant, local or state government for the necessary facilities, including, but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements (deemed necessary by the city of Naples, Collier county and/or the Florida Department of Transportation, as appropriate), to mitigate the impacts of the Substantial Deviation Project and to maintain level of service "D" on a peak season/peak hour basis for the intersections of the above-listed road segments with other arterials and major collectors shall be required through project buildout. These impacted lntersections include: US 41 at Davis Boulevard (SR 84) US 41 at Goodlette Road US 41 at 5th Avenue South Golden Gate Parkway at Airport Road Golden Gate Parkway at Goodlette Road US 41 at Golden Gate Parkway pine Ridge Road at I-75 east and west ramps pine Ridge Road at Airport Road Pine Ridge Road at Goodlette-Frank Road US 41 at pine Ridge Road US 41 at Vanderbilt Beach Road Immokalee Road at I-75 east ramps US 41 at Immokalee Road US 41 at Old 41 (CR 887 South) 4. The applicant shall fully mitigate the impacts of the Substantial Deviation Project on regional transportation facilities by providing the necessary funding to increase the number of lanes from four (4) to six (6) lanes on US 41 from the Laurel Oak Drive intersection to and including the Gulf Park Drive intersection. Said mitigation funding fully meets the requirements of Department of Community Affairs' Policy Rule, 9J-2.0255, Florida Transportation Administrative Code, exempting all of the Substantial Deviation Project from the Concurrency Management system, except Phase IV as hereinafter specified. Adequate commitment for said funding shall be in place prior to commencement of Phase II as set forth below. The applicant is further mitigating the impacts. of -7- D~a01-t9.7 Substantial MARCH 28, 1989 Deviation Project on the regional transportation facilities by reducinq the number of residential units allowed in Pelican Bay as set forth in Section Four hereof. The applicant shall be sub:) ect to the followinq phasing schedule: Phase I Phase II Phase III- Phase IV The applicant may develop 478,400 square feet of commercial in the Area (South) Commercial District, containing a maximum of 123,000 square feet of retail commercial and a maximum of 227,000 square feet of office in the Community (North) Commercial District. When an adequate commitment for funding two additional lanes to US 41 (Laurel Oak Drive to Gulf Park Drive) is made by applicant as set forth above, applicant may develop an additional 45,000 square feet of commercial, containing a maximum of 40,000 square feet of retail commercial in the Area (South) Commercial District. When a contract is awarded for the transportation improvement specified in Phase II, applicant may develop an additional maximum of 132,000 square feet of commercial, containinq a maximum of 122,000 square feet of 'retail commercial in the Are, (South) Commercial District: provided however, there is authorized a maximum of 640,400 square feet of combined office and retail commercial in the Area (South) Commercial Distri~t. When an adequate commitment to increase the number of lanea,,()n US~4,1 ,';': :.;'1' ~ "'~,,;' . " from Gulf Park Drive to Vanderbilt Beach -8- 9~~~J ..11. 'S' "1. ""4' '~";I::.il i:,,', .t7:J. " ~ .i....,.i, " .;,~. ., , . "~ ",F, '>\'. . 1t 'J ,,:.. ..~J ..t.:,/iP, , , ' ~ i, , , .' . ".':~..',"'.'."'..'. <::<<, " "'.;;' ! ' , ..:.~ :. '_ to ,':.f~: l~f "Jr. MARCH 28, 1989 Road from 4 to 6 lanes has been made by governmental or private entities, or a combination thereof, applicant will be allowed to develop an additional 77,600 square feet of office and an additional 150,000 square feet of retail commercial in the Community (North) Commercial District. Adequate commitment shall mean a commitment that would satisfy the requirements of the Concurrency Management System of the County's Comprehensive Plan. F. General Considerations 1. All commitments and impacts mitigating actions provided by. the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions f.or project approval outlined above are officially adopted as conditions for approval. 2. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. 3. If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts, are not carried out as indicated to the extent or in accordance with the timin9 schedules specified within the Development Order and the phasing schedule specified within the Development Order, then such occurrence shall be presumed to be a substantial deviation for the af~ected r.gionalissue. 4. The development shall satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06, Florida statutes -9- ~~~-"~~ -19. 9 MARCH 28, 1989 participate, procedures to to contribute proportionate share needed to accommodate the impacts or the development~ or 5. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for contributions, construction, expansion or acquisition or public facilities, if the developer is also subject by local ordinance to impact fees or exC\ctions to meet the same needs.. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess or his fair share with the exception of the voluntary contribution set forth in paragraph 4 with regard to six laning US 41 from Laurel Oak Drive to Gulf Park Drive. 6. This Development Order shall remain in effect for the duration of the Substantial Deviation Project. However, in the event that significant physical development has not commenced within five (5) years from the date of final approval of the Development Order or the mitigation specified in Section Two E.4. has not been paid for Phase II, development approval will terminate and this amendment to Development Order 77-1 shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping, but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. 7. The approval granted by this D",velopment Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all -10- --19~~_/T. /0 its AtY MARCH 28, 1989 other applicable local, state or federal permitting procedures. 8. The definitions contained within Chapter 380.06, Florida statutes, shall control the interpretation and construction of any terms of this development order. 9. This Order shall be binding upon the developer, its assignees or successors in interest. 10. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 11. In the event that any portion or section of this Order is determined to be invalid, illegal or unconsti tutional by a court or agency of competent I jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. 12. Pursuant to Section 380.06(15) (C) (3), Florida statutes 1988, tRe Substantial Deviation Project is exempt from down zoning or commercial square footage intensity reduction for a period of five (5) years from the date of adoption of the amended development order, subject to the conditions and limitations of the above- referenced Section of the Florida statutes, provided physical development commences in f~ve (5) years provided in Subsection 6 hereof. SECTION THREE: Pelican Bay Development Order is het'aby furt-.her amended as follows: Subsection XI Contingent Commercial Relocation. -11- .J9el..~~<<-ft- /1 _~lf MARCH 28, 1989 A. The Neighborhood Commercial District as currently identified on the P.U.D. Master Plan and consisting of approximately 21 acres is proposed to be deleted from the Pelican Bay P. U. D./Master Plan. The Community Development staff is directed to prepare and process the necessary application to rezone said Neighborhood Commercial District to Group 2 Residential without any increase in the overall number of residential units authorized. Staff is further directed to simultaneously prepare and process the necessary application to rezone to Community Commercial the area specified on Exhibit A attached hereto. This additional Community Commercial acreage is adjacent to the currently existing Community Commercial identified on the P.U.D. Master Plan, with the total proposed Community Commercial acreage to be a minimum of 47 and a maximum of 50.2 use able acres exclusive of lakes and roads. The rezone petitions proposed in this section are to be processed and considerpd by the County Planning Commission and the Board of County Commissioners at Public Hearing (s) in accordance with all applicable state statutes and County Ordinances. B. The development of Phase IV commercial square footage in the Community Commercial Area shall be contingent upon adoption of the rezoning ordinance(s) specified in Section Three A. above. C. There shall be a reduction of 164 hotel room units to a maximum allowable number of 1336 hotel room units which reduction shall not become an obligation of the applicant unless and until the adoption of the ~ezoning ordinance(s) specified in section Three A. above. D. The effective date of this Resolution in regard to all matters set forth in this Section Three shall be the same date as the effective date of the rezoning ordinance(s) specified in Section Three A. above. 9~~'~_t4. I,;). , In as follows: MARCH 28, 1989 I'l" . i ~;~, '.. . ..f.' ' .~ . \",,~iI . J1"t~ . ~~y.;:f ..~"..,' ,it!: ~l .~ .,i.v' ~~i )~; -;Y' .,., SECTION FOUR: The Pelican Bay Development Order is hereby further amended Subsection XII Additional Conditions. A. The maximum number of allowed residential dwelling units is hereby reduced to eight thousand six hundred (8600). B. Hotels as an allowed use in the Group 3 and Group 4 Residential Districts will not be allowed in those Group 3 and Group 4 areas depicted on Exhibit B attached hereto. C. A maximum height of one hundred (100) feet is hereby placed on all new structures in the Community Commercial District and the Area Commercial District. ~TION FIVE: Except as specifically provided in Section Three above, this Resolution shall become effective immediately upon its adoption. SECTION SIX: Certified copies of this order are to be sent immediately to the Department of Community Affairs, and Southwest Florida Regional Planning Council. BE IT FURTHER REdOI,VED that this resolution be recorded in the minutes of this Board. commissioner Shanahan offered the foregoing resolution and moved its adoption, second by Commissioner Goodni~ht and upon roll call, the vote was: AYES: .Commissioner Shanahan, Commissioner Goodnight, Commissioner NAYS: Commissioner Volpe, Commissioner Hasse ABSENT AND NOT VOTING: ABSTENTION: Done this 28th , 1989. March day of ATTEST: JAMES c. GILES, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, .FLORIDA;.' 4.~~m- -4 g,~ , .. '/ ' Approved as to {orm& legal sufflclency ~~~ -13- 3 County ^~o 6)~~ ~ ~../'T. I ljl ;: l'~ .1.',1 ~;. " ~, ~~, . ~:\ I~".:':':" h~- ~.~" . ~!, . ~j"lk::;'!' '1'l!( ff l~t, ,"'. MARCH 28, 1989,.', . illj ~ft I Ii ilIa II! IffJm I I ._-_.~ . .~. ..... r ~ III ~ II; . i j gO I OJ i I I I 1 III la B~~~a..J.-19-1J' . . '-, - r . ." MARCH" 28' ,iI9a'9.';~ ,,'.' .>'~)~[S~~;~ ~ ~ . . . . . ---- EXHIBIT,: S, . WCN:2/22/89'i> ..~ " ~~~:~ :'<'~~. , ,:. ". ~..':' - 'I I'.