Resolution 1998-472
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DEVZ1.OPMENT OI\llD 98-..:l.
Ff.SOLUT 1011 NUMBER 98-47~_
A RESOLUTION AMENDING DEVELOPMENT ORDER 90-3,
AS AMENDED, fOR THE GREY OAKS DEVELOPMENT Of
PEGIOtIAL IMPACT ("DRI") BY PROVIDING fOR:
SECTION ONE TO AMEND PARAGRAPH 4 Of THE
flNDItlGS Of fACT SECTION TO REfLECT A
REDUCTION IN THE NUMBER Of RESIDENTIAL
DWELLING UNITS AND AN INCREASE IN THE NUMBER
Of fAIRWAYS AND CONSERVATION ACREAGE; SECTION
TWO, TO AMEND PARAGRAPH 3 ENTITLED HOUSING OF
THE CONCLUSIONS Of LAW SECTION TO DELETE
REfERENCES TO AffORDABLE HOUSING UNITS AND
REDESIGNATE THE AREA fOR GENERAL RESIDENTIAL
PURPOSES INCLUDING ASSISTED LIVING
fACILITIES; SECTION THREE, TO AMEND PARAGRAPH
5 ENTITLED TRANSPORTATION OF THE CONCLUSIONS
Of LAW SECTION TO DELETE REfERENCES TO
OVERPASSES OVER GOLDEN GATE PARKWAY AND OTHER
MINOR CHANGES; SECTION FOUR, TO DELETE
REfERENCES TO THE DEfINITIONS SECTION OF
CHAPTER 380 FLORIDA STATUTES AND RENUMBER
SUBSEQUENT PARAGRAPHS: SECTION FIVE, fINDINGS
Of fACT; SECTION SIX, CONCLUSIONS OF LAW AND
SECTION SEVEN, EfFECT or PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EffECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florids
approved Oevelopm~nt Order 90-3 (the Development Order) on June 6, 1990,
which .pproved a Development of Reqional Impact (DRI) known as the Grey
Oaks Planned Unit Development: and
WHEREAS, tt,~ original Development Order is still in effect as amended
by Development Order 90-5 on October 16, 1990; and
WHEREAS, the owners of the Grey Oaks Planned Unit Development desire
to chanqe the DR! as follows: Ii) reduce the number of residential units
from 2,700 to L 900: f ii 1 increase the number of golf holes located within
Collier Count'l fr~)m 45 to 1)4; (ili) shift the site of the approved 250
room hotel f rom th~ northeast quadrant to the southeast quadrant; (iv)
increase th~ ~credge within the ORI designated for conservation, lakes and
water management, .....hich includes preservation areas, from 190.1 acres to
236.78 dcres, and (vI delete the internal project road overpass linking
the northeast ano southeast parcels across Golden Gate Park~ay; and
WHEREAS, the tract of land lying ^djacent to proposed Livingston Road
and south of Golden Gate P.;u:kway and east of the Florida Power and Light
easement has up to thre~ hundred multi-family dwelling units assigned to
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it and the owners desire to make this tract available for general
residential purposes, includinq assisted livinq facilities; and
WHEREAS, Ge~rqe L. Varnadoe of Younq, van Assenderp , Varnadoe, P.A.,
representinq the HaIstan Partnership, petitioned the Board of County
Commissioners of Collier County, Florida, to amend the Development Orderi
and
WHEREAS, the Collier County Planninq Commission has reviewed and
considered the report and recommendations of the Southwe~t Florida
Regional Planninq Council (SKFRPC) and held a public hearing on the
petition on October 1, 1998; and
WHEREAS, the Board of County Convnissioners of Collier County hu
reviewed and considered the reports of the SWFRPC and the Collier County
Planning Commission and held a public hearing on the petition on November
10, 1998;
NOW, THEREFORE, be it resolved by the Board of County Commissioners
of Collier County, Florida that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 4, of the Findings of ract Section of the Grey Oaks
Development Order (Resolution 90-292, as amended) is hereby amended to
read as follows:
4. The applicant proposes the development of Grey Oaks Planned Unit
Development for 1,601 acres which includes: 120.4 acres of commercial uses
to include 250 hotel rooms, 653,453 square feet (qross floor area) of
office commercial, 649,638 square feet (\Iron leasable area) of retail
commercial, 2,7;; 1,900 residential dwellinq units, ~ ~ holes of qolf,
and ~ 323.38 acres of conservation, lakes and water management, which
includes preservation areas.
SECTION TWO: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 3 entitled "Housing", of the Conclusions of Law Section of
the Grey Oaks D~'l~l~pment Order (R~5olution 90-292, as amended) 15 hereby
amended ~G r~d~ as ~0110ws:
3. HOU.siNG
a. The County has committed by 1994 to make available adequate
sites for housinq for low and moderate income persons (Objective 1.4,
Housing Element, Growth Management Plan). The SWFRPC recommended that the
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Applicant either reduce the square footaqe of the office or retail
commercial by enough to reduce the demand for affordable housinq by 302
units; or participate on a proportionate share basis in any County-wide
proqram adopted by 1994 to address affordable housinq needs and to reserve
a site until that date to enable applicant to participate in such a
program. The applicant has submitted evidence of a substantial amount of
existing and planned affordable housing in the immediate area.
b. The square footage of the office commercial component of Phase
III of this project has been reduced by 144,000 square feet, which reduces
the affordable housing demand by 302 dwelling units.
c. ~~pli3!At 3hall Feser.! t~~ The tract of land lying adjacent to
proposed Livingston Road south of Golden Gate Parkway and east of the
Florida Power and Light easement tlRtil J'SRl::JdE') 1, 1991, toe aIle'.:
partieifl-atieFl 1ft a CSt:lftt:.) ..1~e JH'8l'srtisFlate .ehare ,rsl)E'aJR aElept:!e BY
Callier ~e1:SAt) te a~elrege aCf81'!laele nel:l8iflg f1ee81s that 8smpliel!l \.ith
&eetien 399.eb(1S1J.le)1., rlsf'i~a bta~tlteB (1999).
Three (399) h~ft~re~
has up to three hundred (3001 multi-family dwelling units ha~e seen
assigned to it, and tkis Traet.
If tke CetiA~Y has appreaeheB t::ne
affs!'~aele t.31:1sil'\!j 1981:1- ii'll aAstn!r ",apmel' Sf has Plea aelepleel a f:'l!Ulf\\1y
~ise prapettisAate share ~f'a~f'am 8; JaftH8f'Y 1, 1991, said tract shall be
available for qeneral residential purposes, includinq assisted living
facll1t iea.
SECTION THREE: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 5 entitled "Tran:lportation" of the Conclusions of Law
Section of the Grey Oaks Development Order (Resolution 90-292, as amended)
is hereby amended to read as follows:
5. TRANSPORTATION
d. The applicant or his successors shall be fully responsible
for site-related roadway and intersection improvements required within the
DRI. The applicant shall be required to pay the full cost for any site-
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related intersection improvements
(includinq but not limited to,
siqnalization, turn lanes and additional through lanes) found to be
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necessary by Collier County for the project' 5 access intersections onto
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Airport Road (C.R. 31), Golden Gate Parkway (C.R. 886) and the future
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Livinqston Road.
Attached hereto as Exhibit "f:" is a list of acc<!ss
intersections approved for the project and changes that are or ma~ be
necessary in order to meet the long rang:e transportation plans for the
area. A copy of the siqnal proqression 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. The
proposed site ,. e."as.es overpass linkinq the quadrants of the project
over Airport Road aR~ ~elclefl Cate parltt,ay will be designed so as not to
interfere with the eventual widening of these read..aYI!I that roadway.
b. The following regional roadways and intersections are
projected to be impacted by five percent (5\) of LOS D - peak hour, peak
season prior to project buildout.
Roadway. :
Airport Road IC.R. 31)
Vanderbilt Beach Road (C.R. 862 to Radio Road (CR 856)
Golden Gate Parkway (CR 886)
Goodlette Road (CR 851) to Santa Barbara Boulevard
Pine Ridqe Road ICR 896)
Airport Road (CR 31) to 1-75
Goodlette Road
Creech Road to fifth Avenue North
Inter..ctiona:
Airport Road ICR 31) at Pine Ridqe Road (CR 896)
Airport Road (CR 31 ) at Golden Gate Parkway (CR 886)
Airport Road (eR 31) at Mercantile Avenue
Airport Road ICR 31 ) at Radio Road (CR 856)
Golden Gate Parkway (CR 886) at Goodlette Road (CR 851)
Golden Gate Parkway (CR 886) at Livingston Road
If any of the road seqments identified in thi. paraqraph become
deficient in the future, the County shall establish an Area of Siqnificant
Influence (ASI) around such segment pursuant to the Collier County
Adequate facility Ordinance.
c. The Applicant shall mitigate its impacts on the re9ional
and lor-al roadways and intersections identified herein as follows:
(i) The applicant shall make the improvements specified 1n
51a) hereof.
Iii) The applicant shall dedicate approximately twenty-five
(25) acres to accommodate the expansion of the following transportation
tacl11tie~: Livingston Road, Golden Gate Parkway, and expansion of the
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intersection at Golden Gate Parkway and Airport Road to allow a grade
separated urban interchange with Golden Gate Parkway being the ~rade
separated roadway.
The amounts of the right-ai-way on each roadway and
intersection ...,hich will be dedicated are specified in the PUD Document
(9rdifl.af'lse tle. 99 1 a J, as amended. The dedications shall be made when the
County is ready to make the improvement necessitating the dedication.
(iii) The applicant shall be subject to all lawfully
adopted transportation impact fees.
liv) The applicant shall build, at its expense, Livingston
Road from Golden Gate Parkway south to the beginninq of the northern
approach to the bridqe over Golden Gate Canal.
This road improvement
shall be a two-lane rural desiqn built to County specifications and the
construction shall occur in a time period which will coincide with the
construction of Livingston Road from Radio Road north to Golden Gate Canal
and construction of a bridqe over Golden Gate Canal. The applicant shall
have no responsibility for right-of-way acquisition except as specified in
5.C. (11) hereof.
(v) The applicant shall be subject to the Concurrency
Management System of the County as set forth herein.
(vi) The applicant shall be entitled to credits for
dedications under 5.c. (11) as set forth in the PUD document. The
applicant shall be entitled to road impact fee credits for the
construction of Livingston Road (Paragraph 5.c.(ivl) as mandated by
380.06(16) (a), Florida Statutes (1989).
SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER
Paragraph 8 of an untitled section of the Grey Oaks Development Order
(Resolution No. 90-292. as amended) is hereby deleted in its entirety and
subseque~t paragraphs are renumbered as follows:
~ T~e ~_fi"itie~8 eeRtaiAfS i~ ~ka~teF 3AG, flerisa b~a\Y~ee,
,,"'a11 I!~Rtf"el thr iAterpretat:.iefl .3A~ eSflSErtletief\ af BPi)' 'e.eE'Y.LS ef thia
se.~18rme~t e~ser.
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8.
It is understood that any reference herein to any governmental
agency shall be construed to mean any future instrumentality which may be
cre'!ted or designated or successor in interest to, or which otherwise
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pOSSeS5e! any of the powers and duties of any reference governmental
agency in existence on the effective date of this Order.
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In the event that any portion or section of this Order is
determined to be invalid, illegal, or unconstitutional by a court or
agency of competent jurisdiction, such decision shall in no manner, affect
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the remaining portions of this Order which shall remain in full force and
effect.
H 10.
This Order shall be bindinq upon the County, the City of Naples
and the Developer, their assignees or SUCCessors in interest.
SECTION fiVE: fiNDINGS Of fACT
1. The proposed changes to the previously approved DRI do not
meet or p.y.ceed any of the criteria listed in the DR! Development Order or
in Subsection 380.06(19(lb), florida Statutes.
2. The applicant submitted to the County, the Reqional
Planning Council and the State Land Planning Aqency form BRH-08-86, said
form beinq entitled "Notification of a Proposed Change to a Previously
Approved Development of Regional Impact ("DRI") Subsection 380.06(19),
flarida Statutes.
3. The application is in accordance with Section 380.06(19).
4. The proposed chanqes to the previously approved Development
Order are consistent with the report and recommendations 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.
Eo. 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. rlo increase in development intensi ty is authorized by this
Development Order 98-
SECTIO/l SIr.: CONCLUSIONS Of LAW
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1. The proposed chanqes to the previously approved Development
Order do not constitute a substantial deviation requirinq further ).;.
Development of Regional Impact review.
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2. The proposed changes to the previously approved developm~nt
will not unreasonably interfere with the achievement of the objective~ of
the adopted State Land Development Plan applicable to the area.
3. The proposed chanqes to the previously approved development
are consistent with the Collier County Growth Management Plan and the Land
Development Regulations adopted pursuant thereto.
4.
The proposed chanqes to the previously approved Development
Order are consistent with the State Comprehensive Plan.
SECTION SEVEN: EfFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
1. Except as amended hereby, Development Order 90-3, as
amended, shall remain in full force and effect, binding in accordance with
its terms on all parties thereto.
2.
this
Development Order 98-~ shall be
Copies of
transmitted immediately upon execution to the Department of Community
Affairs, Bureau of Land and Water Management, and the Southwest Florida
Reqional Planning Council.
3. This Development Order shall take effect ae provided by
law.
BE IT fURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
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, 1999.
1l"'~R~G..v
day of
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, fLORIDA
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ATTES'I" "
llWI't:Hr'E.' SROCK, Clerk
~: ~~~I-.,.4!.e
ltt.st as to ChalnllA"
slgnatur. onl,.
Approved as, to Form and Leqal Sufficiency:
1"h..A a .c... I ~ Y'r1. ih ~ ~ .I, ..J.
Marjodie M. Student
Assistant County Attocney
ftOOA-98-l
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