Resolution 1995-555
J.2 C
DBVELOPHBNT ORDER 95--2. ___
RESOLUTION NUMBER 95-~
A RESOLUTION AMENDING DEV~LOPMENT ORDER
NUMBER 95-1, THE PELICAN MARSH COMMUNITY
DEVELOPMENT OF REGIONAL IMPACT (DRI) , BY
PROVIDING FOR: SECTION ONI', AMENDING THE
FINDINGS OF FACT AND THE LECAL DESCRIPTION
OF THE PELICAN MARSH COMMUNITY DRI
DEVELOPMENT ORDER FOR NORTH BOUNDARY LINE
LYING BETWEEN U.S. 41 NORTH AND GOODLETTE-
FRANK ROAD IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, CONCLUSIONS OF LAW; SECTION
FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 95-1 (the Development Order) on
January 24, 1995 which approved a Development of Regional Impact (DRI)
known as Pelican Marsh Community; 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 ttle Devel-
opment Order is legally described and set forth in Exhibit "A" to the
Development Order; and
WHEREAS, the owners of the DR! property desire to amend the legal
description of the project by amending the northern boundary line lying
between U.s. 41 North and Goodlette-Frank Road; and
WHEREAS, Alan D. Reynolds, AICP, of Wilson, Miller, Barton and
Peek, Inr.., representing weI Communities Limited Partnership, a
Delaware Limited Partnership as Successor to WCN Communities, Inc.,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend the 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 September 7, 1995; and
Words !J,nderlined are additions; Words atl'l:teJE tfll'e1J.~R are deletions.
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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 a public hearing on the petition on
September 26, 1995;
NOW,
THEREFORE,
be
it resal ved by the Board of County
Commissioners of Collier County, Florida that:
~CTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. Development Order 95-1 "Findings of Fact", item "4" shall be
amended to read as follows:
4. The applicant proposes the development of the Pelican Marsh
Community consisting of ~ ~ acres, which includes: 50
acres of retail commercial uses Wilich will enconlpass 575,000
square feet of gross floor area (GFA); 20 acres of office
commercial which will encompass 350,000 square feet GFA,
including 100,000 square feet of medical office use; 280
hotel rooms; 5,600 residential dwelling units; and an 80,000
square foot Cultural Center (Attraction Facility with 750
seats and 400 parking spaces; multiple golf courses; and 294
acres of conversation area, (some of which is within a FP&L
easement), 59 acres of open space, which includes 20 acres of
parks (some of which is also located in the FP&L easement).
B. That Exhibit itA" of Development Order 95-1, for the Pelican
Marsh Community Development of Regional Impact (DRI) is hereby amended
by deleting the legal description in its entirety and re,placing said
description as follows:
PELICAN MARSH,
being approximately 2076 acres,
is legally
described as follows:
BEGINNING at the southwest corner of Section 27, Township 48
South, Range 25 East, Collier County, Florida;
thence along the west line of said Section 27 and the easterly
right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to
the west 1/4 corner of said Section 27; thence contir.ue along the
west line of said Section 27 and said right-of-way North 00039'12"
West 827.69 feet;
thence leaving said line North 89020'45" East 3844.57 feet to the
westerly right-at-way line of proposed Goodlette-Frank Road as
recorded in Plat Book 13, page 58, Public Records of Collier
County, Florida;
thence along said westerly right-Of-way line in the following four
(4) described courses;
1) South 05034'48" East 3545.96 feet to the south line of said
Section 27;
2) South 05033'10" East 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular curve
concave westerly having a radius of 2799.93 feet through a
central angle of 12042' 18" and being subtended by a chord
which bears South 00047'5911 West 619.60 feet;
4) South 07009'08" West 1675.64 feet to the boundary line of the
plat of Pine Ridge Second Extension as recorded in Plat Book
10, page 86 of the PUblic Records of Collier County, Florida;
Words underlined are additions; Words a'EE'\ielL 'ERYeU~fl are deletions.
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thence along the boundary of said Pine Ridge Second Extension in
the following eight (8) described courses;
1) South 89050'58" West 88.21 feet;
2) North 31034'00" West 120.19 feet;
3) North 05037'10" West 956.47 feet;
4) South 74046'39" West 379.98 feet;
5) South 12004'43" East 23.53 feet;
6) South 87009'43" West 272.40 feet;
7) Northwesterly 1854.46 feet along the arc of a non-tangential
circular curve concave southwesterly having a radius of
1640.26 feet through a central angle of 64046'40" and being
subtended by a chord which bears North 48050'02" West 1757.26
feet;
8) North 81013'22" West 737.85 feet;
thence leaving said plat boundary North 00003' 39" West 707.85
feet;
thence South 89033'32" East 336.81 feat;
thence North 00026'28" East 180.64 feet;
thence northerly 37.60 feet along tt.e arc of a circular curve
concave easterly having a radius of 130.00 feet through a central
angle of 16034'19" and being subtended by a chord which bears
North 08043'37" East 37.47 feet;
thence North 17000'47" East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular curve
Concave southwesterly having a radius of 395.00 feet through a
central angle of 94059' 52" and being subtended by a chord which
bears North 30029'09" West 582.44 feet;
thence North 77059'05" West 144.30 fee~;
thence northwesterly 418.87 feet along the arc of a circular curve
Concave northeasterly having a radius of 800.00 feet through a
central angle of 29059' 57" and being subtended by a chord which
bears North 62059'06" West 414.10 feet;
thence North 47059'08" West 100.03 fee-t;
thence westerly 615.18 feet along the arc of a cJrcular curve
concave southerly having a radius of 826.09 feet through a central
angle of 41040'04" and being subtended by a chord which bears
North 69019'10" West 601.07 feet;
thence South 89020'48'1 West 204.55 feet to the west line of said
Section 34, and the east right-of-way line of U.S. 41;
thence along said line North 00039'20" West 665.92 feet to the
Point of Beginning;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, TownShip 48 South, Range 25 East,
Collier County, Florida being more particUlarly described as
follows:
Commencing at the west 1/4 Corner of said Section 27;
thence along said west line North 00039'1211 West 827.(,9 feet;
thence leaving said line North 89020' 45" East 577.78 feet to the
POINT OF BEGINNING of the parcel herein described;
thence North 57047'59" East 46.92 feet;
thence North 68035'21" East 110.88 feet;
thence North 00039'12" West 187.52 feet;
thence North 77043'40" East 573.08 feet;
thence South 72059'03" East 785.48 feet;
thence South 00039'15" East 27.71 feet;
thence North 89020'45" East 503.78 feet;
thence South 00039'15'1 East 100.64 feet;
thence South 89020'45" West 1957.22 feet to the Point of Beginning
of the parcel herein described;
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being
North 00039'12" West;
Words underlined are additions; Words stYlish tfl.!"8\iljfl are deletions.
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AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East,
Collier County, Florida and being more particularly described
as follows;
Commencing at the west one quarter corner Section 27, Township 48
South, Range 25 East;
thence along the west line of said Sect:ion 27 North 00039'1211 West
827.69 feet;
thence leaving said section line Nart" 89020'4511 East 55.00 feet
to the Point of Beginning of the area '..:hereon described;
thence North 89020'45" East 366.45 feet;
thence South 00039'15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential
circular curve concave southwesterly having a radius of 70.00 feet
through a central angle of 38045' 23" and being subtended by a
chord which bears South 64019'09" East 46.45 feet to a point of
compound curvature;
thence southerly 259.53 feet along the arc of a circular curve
concave westerly having a radius of 197.21 feet through a central
angle of 75024'06" and being subten~.ed by a chord which bears
South 07014'23" East 241.20 feet to a point of reserve curvature;
thence southerly 151.40 feet along the arc of a circular curve
concave easterly having a radius of 130.00 feet through a central
angle of 66043'37" and being subtended by a chord which bears
South 02054'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve
concave westerly having a radius of 70.00 feet through a central
angle of 98024'12" and being subtended by a chord which bears
South 12056'10" West 105.98 feet;
thence South 62008'16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve
concave easterly having a radius of 30.00 feet through a central
angle of 93006'13" and being subtended by a chord which bears
South 15035'10" West 43.56 feet;
thence along South 30057'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve
concave westerly having a radius of 80.00 feet through a central
angle of 14016'43" and being subtended by a chord which bears
South 23049'37" East 19.89 feet;
thence along a non-tangential line South 84013 '14 II East 158.41
feet;
thence South 80055'24" East 183.78 feet;
thence South 81052'51" East 180.90 feet;
thenoe South 00000'00" East 261.28 feet;
thence North 90000'00" West 394.57 feet;
thence North 00000'00" East 271.73 feet;
thence North 84013'14" West 120.32 feet;
thence South 33005'40" West 54.13 feet;
thence South 76056'51" West 89.04 feet;
thence North 58035'21" West 65.19 feet;
thence North 15031'55" West 74.80 feet;
thence North 00041'41" West 115.24 feet;
thence North 28022'47" East 171.51 feet;
thence North 17011'45" West 106.79 feet;
thence North 13002'52" East 28.51 feet;
thence North 73036'14" West 54.78 feet;
thence South 49016'08" West 112.78 feet;
thence South 89047'08" West 53.08 feet;
thence North 58000'49" West 50.49 feet;
thence North 00039'12" West 303.49 feet to the Point of Beginning
of the area herein described;
Containing 7.8 acres more or less;
Subject to easements and restrictions of record;
Bearings are based on the west line of Section 27, Township 48
South, Range 25 East, Collier county, Florida being North
Words underlined are additions; Words strush threUlj'R are deletions.
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00039'12" West;
and
All that part of Section 27, Township 48 South, Range 25 East,
Collier County, Florida, being more particularly described as
tollows;
Commencing at the west 1/4 corner of said Section 27;
thence along said west line North 00039'12" West 827.69 feet;
thence leaving said line North 89020'45" East 2469.55 feet to the
POINT OF BEGINNING of the parcel hereL"l described;
thence continue North 89020' 45'1 East 7:37.88 feet;
thence South 84045'32" West 23.43 feet;
thence South 74056'42" West 121.32 feet;
thence South 79049'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular
curve concave to the north having a radius of 66.00 feet through a
central angle of 39030'16" and being subtended by a chord which
bears North 80025'01" West 44.61 feet to a point of reserve
curvature;
thence northwesterly 52.92 feet along the arc of a tangential
circular curve concave to the south having a radius of 150.00 feet
through a central angle of 20012'5711 and being subtended by a
chord which bears North 70046'21" West 52.65 feet;
thence North 80052'50" West 36.59 feeti
thence westerly 46.17 feet along the arc of a tangential circular
curve concave to the south having a radius of 80.00 feet through a
central angle of 33004'13" and being subtended by a chord which
bears South 82035'04" West 45.54 feet to a point of reserve
curvature;
thence westerly 38.16 feet along the arc of a tangential circular
curve concave to the north having a radius of 60.00 feet through a
central angle of 36026' 18" and being subtended by a chord which
bears South 84016'06" West 37.52 feet to a point of reserve
curvature;
thence westerly 68.84 feet along the arc of a tangential circular
curve concave to the south having a radius of 305.00 feet through
a central angle of 12055'58" and being subtended by a chord which
bears North 83058'44" West 68.70 feet;
thence South 89033'17" West 18.36 feet;
thence South 89039'11" West 71.63 feet;
thence North 89035'03" West 36.03 feet;
thence South 86006'33" West 42.94 feet;
thence South 83044'08" West 26.23 feet;
thence South 51001'05" West 27.49 feeti
thenc'e South 33025'42" West 19.95 feet;
thence South 15039'57" West 20.54 feet;
thence South 10054'31" West 34.64 feet;
thence South 89020'061t West 101.06 feet;
thence North 10'45'58" East 101.42 feet to the Point of Beginning
of the parcel herein described;
SUbject to easements and restrictions of record.
Containing 0.48 acres more or less.
Bearings are based on the west line of said Section 27 as being
North 00039'12" West;
and
All that part of Section 27, Township 48 South, Range 25 East,
Collier County, Florida being more particularly described as
follows:
Commencing at the west 1/4 corner of said Section 27;
thence along said west line North 00039'12" West 827.69 feet;
thence leaving said line North 89020'45" East 3401.12 feet to the
POINT OF BEGINNING of the parcel herein described;
thence continue North 89020'45" East 443.43 feet;
thence South 05034'48" East 147.72 feet;
Words ynderlined are additions; Words stl'HeJE tfll'BHIjR are deletions.
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122 3
thence South 89020'45" West 51.56 feet;
thence North 23056'01" West 13.07 feet;
thence northerly 30.72 feet along the arc of a tangential circular
curve concave to the east having a radius of 80.00 feet through a
central angle of 21059'53" and being subtended by a chord which
bears North 12056'04" West 30.53 feet:
thence North 05'01'01" West 31.56 feet;
thence North 36019'27" West 32.02 feet:
thence North 56004'43" West 35.11 teet:
thence North 80039'23" West 32.53 feet;
thence North 88039'20" West 97.78 feet:
thence North 86004'48" West 45.79 feet;
thence North 89049'56" West 132.77 feet;
thence North 69040'18" West 37.23 feet to the Point of Beginning
ot the parcel herein described;
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being
North 00039'12" West;
Containing 578.22 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northWest corner of said Section 35:
thence along the north line of said Section 35 North 89045'35"
East 5231.69 feet to the west right-ot-way line of Airport-pulling
Road (C.R. 31);
thence along said westerly right-of-way line South 00031'47" East
5258.31 feet to the south line of said Section 35;
thence along said south line South 89039'22" West 2541.65 feet to
the south 1/4 corner of said Section 35;
thence continue along said south line South 89039'32" West 2641.33
feet to the southwest corner of said Section 35:
thence along the south line of said Section 34 Scuth 89051'02"
West 391. 57 feet to the boundary line of a parcel described in
O.R. Book 524, page 121 of the PUblic Records of Collier County,
Florida;
thence along the boundary of said parcel North 01003'33" West
295.29 teet:
thence continue along the boundary of said parcel Sc.uth 89051'02"
West 443.28 feet to the easterly right-of-way line of proposed
Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the
PUblic Records at Collier County, Florida;
thence along said easterly right-of-way line North 07009'08" East
1729.52 feet;
thence continue along said easterly right-of-way line northerly
649.69 feet along the arc of a circular curve concave westerly
having a radius of 2929.93 feet through a central angle of
12042'18" and being subtended by a chord which bears North
00047'59" East 648.37 feet;
thence continue along said right-ot-way line North 05033'10" West
2628.44 feet to a point on the north line of said Section 34;
thence leaving said right-of-way line and along the north line of
said Section 34 South 89031'31" East 772.91 feet to the Point of
Beginningj
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast corner of said Section 36;
thence along the east line of said Section, South 02012'03" East
2671.63 feet to the east 1/4 corner of said Section 36;
thence continue along the east line of said Section
02006'28" East 2519.08 feet to a point on the
right-at-way line ot Vanderbilt Beach Road;
thence along said northerly right-of-way line North 89039'39" West
36 South
northerly
W'.:lrds underlined are additions; Words st.r1:ie)( t.flre1:l~h are deletions.
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2855.35 feet;
thence continue along said line North 89043'5911 West 2544.87 feet
to a point on the easterly right-of-way line of Airport-pulling
Road (C.R. 31);
thence along said easterly right-of-way line North 00031' 47" West
4490.03 feet to the southwest corner of the east 15 feet ot the
west 115 feet ot the south 80 feet C'f the north 619.49 feet of
said Section 36;
thence along the south line of said land North 89027'57" East
15.00 feet;
thence along the east line of said land North 00031'47" West 80.00
feet;
thence along the north line of said land South 89027' 57" West
15.00 feet to the east right-of-way line of Airport Road (C.R.
31) ;
thence along said right-ot-way North 00031'47" West 539.49 feet to
the north line of said Section 36;
thence along said north line North 89027'57" East 3914.28 feet to
the southwest corner of the east 1/2 of the east 1/2 of said
Section 25;
thence along the west line of the east 1/2 of the east 1/2 of said
Section 25 North 01054'09" West 2668.19 feet;
thence continue along the west line of the east 1/2 of the east
1/2 of said Section 25 North 01057'16" West 2567.06 feet to a
point on the southerly right-of-way line of Immokalee Road (C.R.
846) ;
thence along said right-of-way North 89014'3611 East 1325.57 feet
to the east line at said Section 25;
thence along said east line of SectIon 25 South 02006'59" East
2569.75 feet to the east 1/4 corner of Section 25;
thence continue along said east line of Section 25 South
02000'46" East 2670.97 feet to the Point of Beginning;
containing 789.67 acres more or less;
total parcel contains 2076.28 acres more or less;
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990
adjustment, the north line of Section 35, being North 89045'35"
East.
C. That Exhibit "0" (Map H, Master Plan) of Development Order
95-1 for the Pelican Marsh Community ORI is hereby amended by replacing
said Map H, Master Plan with a new Map H-l Master Plan reflecting the
amended boundary.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed
amendment is legally described at Section One, Subsection Band
Subsection C, Map H-1, Master Plan, which is attached hereto and by
reference (Exhibit "A") made a part hereof.
B. The application is in accordance with Section 380.06(19),
Florida statutes.
c. The applicant submitted to the County a Notice of Change to a
Previously Approved ORI known as Exhibit B, and by reference made a
Words underlined are additions; Words st:l:'ueJ( t;fl.t'a\J~R are deletions.
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part hereof.
D. The applicant proposes the development of Pelican Marsh
Community on 2,076 acres of land for a commercial and residential
development described in Development Order 95-1, as amended.
E. 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.
F. The development is not in an area designated as an Area of
Critical state Concern pursuant to the provisions of Section 380.06,
Florida Statutes, as amended.
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) (e)3, 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 B, attached hereto and by reference made a part hereof.
B. The proposed changes to the previously approved development
are consistent with the report and recommendations of the SWFRPC.
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
Order 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.
SECTION FOUR:
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA, AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 95-1 shall remain
in full force and effect, binding in accordance with its terms on all
parities thereto.
B.
Copies
95-_ shall be
of this Development Order
transmitted immediately upon execution to the Department of Community
Hords underlined are additions; Words s'tl:'ueJ{ tfll:'Sl;lg'A are deletions.
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Affairs, Bureau of Land and Water Management, and the Southwest Florida
Regional Planninq Council.
C. 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.
Commissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call, the vote was:
AYES: Commissioner Constantine, Commissioner Hancock, Commissioner Norris,
Commissioner Mac'Kie and Commissionec Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
26th
day of Seotember
, 1995.
BOARD OF COUNTY
COLLIER COUNT
.\,."
BY:',!"
rEJ.
ATTEST:.
DWIGHT E. BROCK; CLERK
SUFFICIENCY:
~ul-1n'~LM.t
MARJ IE H. 5 UOENT
ASSISTANT COUNTY ATTORNEY
DOA-95-2/15251
Words underlined are additions; Words st.1'1:Ie][ tRl'Sl;Iljfl are deletions.
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1::0 Pc -'1S'1.- ,
F::>RM RPM-BSP-PROPCHANGE-I
RECEIVED
MAY 22 1995
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahasscc, FL 32399
904-488-4925
Pl.},NNIHGl iiif\'v1Cal
NOTIFICATION OF A PRoPOsm CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMF.Nr OF REGIONAL IMPACf (DRl)
SUBSECl'ION 380.06(19), FLORIDA STATUTFS
SublCCtiOll 380.06(19), Florida Statutes, requires that submittal of a prTJjlOscd change to
a previously approved DR! be made to the Ioca1 govcrnlllC.11t. the regional planning agency. and
the state land p1anning aeency according 10 thiJ form.
1. I, Alan D. Revnolds. AICP . the undersigned owner/authorized representative
of WCN Communltl~. Jn~. . hereby ciTe notice of a proposed manee to a
pre1'louslyappro1'ed Development of Rqloual Impact In accordan~e with Subsection
380.06(19), Florida Statutes. In support thereof, I submit the followlne information
~oncernlne the Pelican Marsh Community development, which In(onnatlon Is true
and ~orrect to the best of my knowledge. I have submitted today, under separate
~o1'er, copies of this completed not1f1catlon to Collier County
, to the
Southwest Florida Rqlonal Planning Council, and to the Bureau of State
Plannlne. Department of Community Affairs.
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EXHIBIT "B"
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2. Applicant (DlUDe, address, phone).
WCN Communities, Inc.
Allel1tion: Susan Watts
24820 Burnt Pine Drive
Bonita Sprines, FL 33923
(813) 947-2600
3. Authorized Aleut (DlUDe, address, phone).
Alan D. ReynoldJ, AlCP
W1lJon, Miller, Barton &. Peek, Inc.
W1lJon Prof-oional Center
Suite 200
3200 Bailey Une
Naples, FL 33942
(813) 649-4040
4. Location (City, County, Townshlp/RanCelSectloll) or approved DR! and proposed
chanee.
Pelican ManIt Community is located in Collier County. The subject property of this
Notification of Chanee is located in Section 27, Township 48 South, Range 25 East.
5. ProTide a complete description or the proposed chance. Include any proposed
chances to the plan or deTelopmenl, phaslnc, additional lands, COmmencement date,
buDd-out date, deyelopment order eondltloDS and requirements, or to the
repnsentatloDS contained In either the development order or the Application for
DeYelopment Approyal.
Indkate such chanCes on the project master site plan, supp1ementlne with other
detailed maps, as appropriate. Addlt1onallnConnatlon may be requested by the
Department or any reTiewfDe lIiency to clarity the nature or the change or the
resultiD& Impacts.
. This Notification of Change is submitted pursuant to Chapter 380.06(e)3., which states:
. Any addition of land not previously reviewed or any change not
specified in paragraph (b) or paragraph (c) shall be presumed to
create a substantial deviation.. This presumption may be rebutted
by clear and convincing evidence. .
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The approved Master Plan for Pelican Marsh Community (Map H, WMB&P File #RZ-
219-H), and the proposed revised Master Plan (Map H-I, WMB&P File IRZ-219-HI)
arc included In thiJ submittal In Section Y. The only proposed change to the approved
master plan b the boundary line on the northern portion of the project, bounded to the
cast by Ooodlcttc-FranJc Road and to the west by U.S. ,41. As a result of a boundary
actt1cmcnt liI'CCment with the adjacent proJ'<" I). owner to the north, approxiniately 8.7
acrea of the Pelican Marsh Community PUDlDm arc proposed to be rezoned to Rural
Agricultural; and 9.5 acrea '''''''led outside the current boundary of Pelican Marsh
Community arc propu.cd to be rezoned from Rural A&riculturalto PUD and included In
the Pdican Marsh Community. The prop.;tty to be subtracted from the Pelican Marsh
Community b designated as golf COlIne/open spacc/rccreation uscs/laIccs and reserve.
The rcscrvc area will be protected In perpetuity by a conSCIVation casement which runs
with the land. The plOj)gtj to be added to the project is designated 1I.S golf course/open
space/recreation area. This transfer of property will not affect the plan of development,
phasing, commcnccmcnt date, build-out da~~, conditions of approval or the
representations contained In the original Application for Development Approval and
sufficiency 1'CSpOIUea. The applicant asserts that this boundary change docs not constitute
a substantial deviation.
6.
Complete the .ttached SuhcfDntllll DeYlation DetcrmIuatlon Cbart for aU land use
types .ppru....d In the de....lopment. If no change Is proposed or bas occurred,
indicate no chance.
Because approximately 9 acres of golf course/open spaceJrecreationllakeslreserve are
proposed to be subtracted from the Pelican Marsh Community DRIlPUD, and
approximalcly 9 acres of golf course/open spacc/recreation are Proposed to be 'added, the
change will be insubstantial. Therefore, completion of the Substantial Deviation
1>etcnnlnation Chart is not n....-.ary. The applicant is requesting only a minor change
to the Master Plan and is also providing a revised legal description of the project.
7. LIst all the dates and resolution numbers (or otber approprillte Identification
numbers) or all modifications or amendments to tbe ori2inaUy approved DR!
de....lopment order that have been adopted by the local covemment, and provide a
brief' description or the previous changes (I.e., any lntonnation not already
addressed In the Substantial Deylation Detennlnatlon Cbart). Has there been a
chllD&e In local gOyernment Jurisdiction ror any portlou or the development since the
last .PpruYaI or deyeJopment order was Issued? It so, has the annexing local
go....mment adopted. new DR! development order for the project?
The Development Order for Pelican Marsh Community was approved by the Board of
County Commissioners of Collier County on January 24, 1995. No modifications or
.....,
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I .>. amendments to.lhiJ Development Ord<< havc occurred to date. Thcre has been no
chanac in locallOVcmment jurisdiction for any portion of thc dcvclopment since the
dcve10Pmcnt ord<< was approved.
De.cribe any lands purdJased or optioned within 1/4 mile or the ori&lnal DR! site
IlIbsequent to the orfainaJ approval or Issuance of the DR! development order.
Identlrysuch land, Its size, Intended use, and alijaccnt non-project land uses within
j '. 112 JUDe on a project m..c:toer site plan or other map.
'. .
No lands have been purchased or optioned since approval of thc devclopment order.
9. Indicate If the proposed chan,e Is less than 40% (cumulatively with other previous
chanaes) oC an,. oC the criteria I1sted In Paracrapb 380.06(19)(b), Florida Statutes.
The p.~ chanae iJ Ics.t than 40" of all applicablc criteria listed.
.
Do you belIeve thIS iaotillcation oC chllD&e proposes a chanlle which meets the criteria
oC SubparacraPb 380.06(l9)(e)2., Florida Statutes?
YES
NO
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10. Does the proposed wnle result In a chance to the huUdout date or any phasinC
date oC the project? If so, indicate the Proposed new huUdout or phaslnc dates.
The proposed change docs not result in a changc to the buildout dare or any phasing date
of the project.
11. Will the Proposed cbanlle require an amendment to the local lovemment
comprehensive plan?
The proposed changc will not require an amendment to thc local government
comprehensivc plan.
Provide the CoUowlna Cor incorporation Into such an amended development order, pursuant
to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Adminl<tratlve Code:
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." 12. Au updated master lite plan or other map or the development POl'trayine and
dlctl"IUlsbJac the proposed chanees to the previously approved DR! or development
order condItJol11.
Pkase lee the,revised Master Plan for Pelican Marsh Community, Map H-l (WMB&p
File 1RZ-219-Hl). ,
13. Pursuant to Snbsect10u 380.06(19)(0, Florida Statutes, Include the precise lan&uaee
that Is beIni proposed to be deleted or added as an amendment to the development
order. 'IbIs lan&uaee should addrrs" and quant1(y:
a. AD proposed specllk chanees to the nature, pbaslne, and buUd-out date or
the deYeJopment; to development order conditlol11 and requirements; to
commItments and reprtsentatlol11 In the Application tor Development
AppronJ; to the lICreaee attributable to each described proposed chan&:e or
land use, open space, areas ror preservation, &:reen belts; to structures or to
other Improvements Includlne locatlol11, square roota&:e, number ot units; and
other lDlIjor characteristics or components or the ProPosed change;
No Wlguage changes are requested.
b. Au updated lepJ description or the property, IC any project acreage lsIhas
been added or deleted to the previously approved plan ot development;
Please lefer to Exhibit "A", which constitutes the revised legal description for
Pelican Marsh Community DRIlPUD.
Co A Proposed amended development order deadUne tor Commencln& physical
development or the Proposed changes, IC applicable;
Not applicable.
d.
A ProPosed amended development order tennlnation date that reasonably
reflects the time required to complete the development;
Not applicable.
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e.
A proposed amended de't'elopment order date until which the local
' IO't'ernmeDt Icrees that the chances to the DR! shall not be subject to down-
zonlnc, unit density reduction, or intensity reduction, It applicable; and
, Not applicable.
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Proposed IllDeDded dnelopment order speclfIcatlODS ror the lUUlual report,
: .1ncIudin& the date or submission, conteD..., Ind parties to whom the report
. Is submitted u specItIed In Subsection 9J-2.025(7), Florida Admlnl<tratl't'e
Code.
Not applicable.
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