Resolution 2007-099/DO 2007-02
DEVELOPMENT ORDER NO. 07-02
RESOLUTION NO. 07- 99
A RESOLUTION AMENDING RESOLUTION NUMBER 90-
292 (DEVELOPMENT ORDER NUMBER 90-3, AS
AMENDED), AS AMENDED, FOR THE HALSTATT/GREY
OAKS DEVELOPMENT OF REGIONAL IMPACT ("DRI") BY
PROVIDING FOR: SECTION ONE, AMENDMENTS TO
DEVELOPMENT ORDER BY REVISING THE NUMBER OF
ACRES FOR COMMERCIAL USES, BY INCREASING THE
NUMBER OF RESIDENTIAL UNITS AND INCREASING THE
AMOUNT OF ACREAGE FOR CONSERVATION LAKES
AND WATER MANAGEMENT PURPOSES, BY DELETING
THE REFERENCE TO HOTEL ROOMS, REVISING THE
HOUSING SECTION, REVISING THE HURRICANE
EVACUATION SECTION, REVISING THE
TRANSPORTATION SECTION, REVISING AN UNTITLED
SECTION TO PROVIDE FOR BIANNUAL REPORTS
INSTEAD OF ANNUAL REPORTS, AND REPLACING MAP
H, THE MASTER PLAN, WITH A NEW MASTER PLAN,
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DEPARTMENT OF COMMUNITY
AFFAIRS AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved Resolution
Number 90-292 (Development Order Number 90-3) which approved a Development of Regional
Impact (DRI) known as the Halstatt DRI (now known as Grey Oaks) on June 6, 1990; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution Number 90-292 (Development Order Number
90-3); and
WHEREAS, and the DRI Development Order has been subsequently amended several
times; and
WHEREAS, the owners of the DRI property are desirous of amending the Development
Order; and
WHEREAS, Bruce E. Tyson, AICP of WilsonMiller, Inc., representing Naples Grande
Holdings, LLC has petitioned the Board of County Commissioners to further amend the Grey
Oaks Development Order; 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 a public hearing on the petition on
,2007; and
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WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the reports of SWFRPC and the Collier County Planning Commission and held a
public hearing on
,2007;
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
A. Paragraph 4 of the Findings of Fact Section of Resolution Number 90-292 (Development
Order Number 90-3), as amended, for the Grey Oaks DRI is hereby amended to read as follows:
4. The applicant propose~t1 the development of Grey Oaks Planned Unit Development for
I,60I~ acres which includes: -I-Q4,& 84.8 acres of commercial uses to include 25Q hetel reems,
653,453 square feet (gross floor area) of office commercial, 649,638 square feet (gross leasable
area) of retail commercial, 1,600 1,775 residential dwelling units, 72 holes of golf, and 367.88
368.18 acres of conservation, lakes and water management, which includes 60.66 preservation
acres.
B. Paragraph 3, "Housing," of the Conclusions of Law Section of Resolution Number 90-292
(Development Order Number 90-3), as amended, for the Grey Oaks DR! is here by amended to
read as follows:
3.d Naples Grande Holdings. LLC shall commit to providing $1.000 per each approved
residential unit located within property controlled by Naples Grande Holdings. LLC to the
Collier County Affordable Housing Trust Fund at the time of issuance of a certificate of
occupancy for such unit. This $1.000 payment shall be credited toward any additional affordable
housing linkage fee that may be in effect at the time of site development plan or plat approval.
C. Paragraph 4, "Hurricane Evacuation," of the Conclusions of Law Section of
Resolution Number 90-292 (Development Order Number 90-3), as amended, for the Grey Oaks
DR! is hereby amended to read as follows:
4.f. The applicant (or a homeowners association) shall annually distribute the County's
"Hurricane Information Document" which provides information on the need for the project to
evacuate, how to prepare for a storm, and hurricane evacuation routes in case persons should
wish to leave the project.
g. The hetel mBflagement shall distrilHHe the CellHty' s "HlIffielllle InfofIHatiell
Dee_ent" in the event ef a lRiffielllle emergeney. At a minimllffi, early evaellatien shall be
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reeeHlfHenGea fer these roems below 13.5 feet MSL ana previsiens te permit temporary shelter
fer Ilie e'/aellatee gueGts in Ilie lI}lper interier halb/llY aRe lIIlI'entee r8emG.
D. Paragraph 5, "Transportation," of the Conclusions of Law Section of Resolution Number
90-292 (Development Order Number 90-3), as amended, for the Grey Oaks DRI is hereby
amended to read as follows:
5.a. The applicant or his successors shall be fully responsible for site-related roadway and
intersection improvements required within the Halstatt DR!. except for roadway and intersection
improvements related to construction of the Golden Gate overpass and related expansion of the
Golden Gate Parkway (CR 886) and Airport Road (CR 31) ri(!hts-of-waY5. The applicant shall
be required to pay the full cost for any site-related intersection improvements (including but not
limited to, signalization, turn lanes and additional through lanes) found to be necessary by
Collier County for the project's access intersections onto Airport Road (CR 31), Golden Gate
Parkway (CR 886) and Ilie futl!re Livingston Road. Attached hereto as Exhibit "E" is a list of
access intersections approved for the project and changes that are or may be necessary in order to
meet the long-range transportation plans for the area. A copy of the signal progression analysis
requested by the County Transportation Department is incorporated by reference and copies have
been submitted to the SWFRPC, Collier County and the City of Naples.
E. Paragraph 4 of an untitled section of Resolution Number 90-292 (Development Order
Number 90-3), as amended, for the Grey Oaks DR! is hereby amended to read as follows:
4. The applicant or its successor(s) in title to the subject property shall submit a report
_Illly biannually, commencing one year from the effective date of this development order, to
the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning
Council, and the Department of Community Affairs. This report shall contain the information
required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in
accordance with the "DR! Monitoring Format", as may be amended, provided by the SWFRPC.
Failure to submit the lIr.lllllll biannual report shall be governed by Subsection 380.06(18), Florida
Statutes.
F. Exhibit "c" (Map H, Master Plan) of Resolution Number 90-292 (Development Order
Number 90-3), as amended, for the Grey Oaks DR! is hereby amended by replacing said Map H,
with Exhibit "D" aerete, a new Master Plan depicted as Map H-l attached and incorporated
herein by reference, reflecting the amendments herein described.
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SECTION TWO: FINDINGS OF FACT
I. The proposed changes to the previously approved DR! do not meet or exceed any of
the criteria listed in the DR! Development Order or in Subsection 380.06(19)(b), Florida
Statutes.
2. The applicant submitted to the County, the Regional Planning council and the State
Land Planning Agency Form BRM-08-86, said form being entitled "Notification of a Proposed
Change to a Previously Approved Development of Regional Impact" (DRI) Subsection
380.06(19), Florida Statutes.
3. The application is in accordance with Section 380.06(19).
4. The proposed changes to the previously approved Development Order are consistent
with the report and recommendation of the SWFRPC.
5. 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, and has established that the changes result in a reduction of the project's impacts.
6. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
7. No increase in development intensity is authorized by this Development Order.
SECTION THREE: CONCLUSIONS OF LAW
1. The proposed changes to the previously approved Development Order do not
constitute a substantial deviation pursuant to Subsection 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 Proposed Change to a Previously Approved DRI, E)[hibit
B, attllehea herete llIla by refereaee made Il part hereef.
2. The proposed changes to the previously approved Development Order are consistent
with the report and recommendations of the SWFRPC.
3. 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.
4. The proposed changes to the previously approved development are consistent with
Collier County Growth Management Plan and the Collier County Land Development Code
adopted pursuant thereto.
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5. The proposed changes to the previously approved development are consistent with the
State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
I. Except as amended hereby, Development Order No. 90-3, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over any of the applicable provisions of previous
development orders which are in conflict therewith.
2. Copies of this Development Order Number
(Resolution Number
)
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.
3. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted this d.i...- day of ()fA-1.
second, and majority vote.
, 2007, after motion,
ATTEST:
DWIGHTB. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~'4lci~ P~tQ~{L~ ~C
Attes ,es c.) c;wRi1ill\tYiClerk
'S 1lln~turR "Old ,
('-
BY: d~ ~
J~N. COLETTA, CHAIRMAN
Approved as to form
and legal sufficiency:
MaIjorie . Student-~r;mg ~~-.;2t-<..J6
Assistant County Attorney
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DRI MASTER PLAN - MAP H-l
Wi..,Miller
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Exhibit C
PREPARED FOIt NAPLES GRANDE HOLDlNClS. LLC