Resolution 2007-052
RESOLUTION NO. 2007-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO ORDINANCE
NO. 97-36, THE CYPRESS WOODS GOLF AND COUNTRY CLUB
PLANNED UNIT DEVELOPMENT ORDINANCE, DETERMINING
COMPLIANCE WITH THE REQUIREMENTS FOR OPEN
SP ACE/NA TURAL HABIT AT PRESERVE AREA.
WHEREAS, on August 26, 1997, the Board of County Commissioners of Collier County,
Florida (Board) adopted Ordinance 97-36, thereby establishing the Cypress Woods Golf and
Country Club PUD, a 285-acre (+/-) residential and golf course community located in
unincorporated Collier County; and
WHEREAS, Section 2.8 of Ordinance 97-36 requires a minimum of sixty (60) percent
open space, as described in the then current Land Development Code, be provided on site; and
WHEREAS, Ordinance 97-36 has not been amended since its effective date; and
WHEREAS, prior to the property owners assuming control of the Cypress Woods Golf
and Country Club Master Association, its developer, Cypress Woods Land Holding, LLC,
voluntarily conveyed a portion of Tract D, described in the PUD Master Site Plan as Preserve, to
the Florida Department of Transportation (FDOT) in lieu of condemnation proceedings; and
WHEREAS, Collier County staff has opined that FDOT's intended use of this portion of
Tract D for stormwater retention is not compatible with the open space requirement set forth in
Section 2.8 of Ordinance 97-36, and as such the loss of this preserve area could be construed to
result in non-compliance with Section 2.8 of Ordinance 97-36; and
WHEREAS, ~ 1.04.04.B.2.b. of the Collier County Land Development Code (LDC)
provides that legal conformities rendered more nonconforming as a result of acquisition for
public use may be allowed to remain as legal nonconformities; and
WHEREAS, ~ 10.02. 13.F.5. of the LDC states that a release of a PUD commitment
determined to be no longer necessary shall be brought as an agenda item to the Board of County
Commissioners for their approval; and
WHEREAS, the Cypress Woods Golf and Country Club Master Property Owners
Association seeks the Board's determination that the loss of that portion of Tract D conveyed to
the FDOT did not result in this PUD becoming noncompliant with the Section 2.8 open space
requirement of Ordinance 97-36 and the PUD Monitoring Program of Collier County; and
WHEREAS, it is in the public interest to provide certainty and comfort to the residents of
the Cypress Woods Golf and Country Club community.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. In light of the circumstances set forth above, in keeping with ~ 1.04.04.B.2.b. of
the Collier County Land Development Code, the Board hereby declares that the Cypress Woods
Golf and Country Club PUD is in full compliance with the sixty (60) percent open space
requirement set forth in Section 2.8 of Ordinance 97-36, and shall remain so unless and until this
Development undergoes redevelopment, at which time the Cypress Woods Golf and Country
Club PUD will need to comply with the then existing requirements of the Collier County Land
Development Code.
Page 1 of 2
2. This Resolution shall be recorded in the minutes of this Board and a copy of the
recorded Resolution maintained in the official PUD Ordinance files of the Community
Development and Environmental Services Division.
This Resolution adopted after motion, second and majority vote this / 3 day of
~ut.J
,2007.
ATTEST;-' ""'"
DWIGmE~BROC~(:LERK
~~Jl~6 k
$ fonaittrt'_-o~. t!'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
7 '
BY, ~..
JA~ COLETT , HAAN
zkow
ssistant County Attorney
Page 2 of2