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Resolution 1996-529 NOV 2 h 199" RESOLUTION NO. 96-~29 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE MARCO SHORES/FIDDLER'S CREEK DEVELOPMENT ORDER 84-) AS AMEtlDED DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMEIlT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County ';ommissioners of Collier County, Florida, originally approved DR! Development Order 84-3 known as Marco Shores on June 12, 1984, which approved a Development of Regional Impact (ORl) known as Marco Shores; and WHEREAS, said DRI Development Order has subsequently been amended I on several occasions and is now known as the Marco Shores/Fiddlers Creek DR! Development Order; and WHEREAS, Section 380.06(19) (f)2, Florida Statutes. requires that proposed changes to a previously approved Development of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council, and the state land planning agency; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires that the local government shall determine whether or not the proposed change to the previously approved DRI development order constitutes a substantial deviation requiring further Development-of-Regional-Impact review; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held on December 10, 1996 a public hearing on the petition; and WHEREAS, by separate action the Board of County Commissioners will cause the Marco Shores/Fiddler's Creek DRr Development Order to be amended to reflect the proposed revisions which do not constitute a substantial deviation requiring further Development-of-Regional-rmpact review; -1- NOY 2 6 199F NOW, THEREFORE, be it resolved by the Board of County commissioners of Collier County, Florida that: The proposed revisions to Marco Shores/Fiddler'S Creek DRI Development Order 84-) as amended, as described in the notification of a proposed change to a previously approved Development of Regional Impact (DRI), noted as Exhibit "A" and hereto made a part of this Resolution do not constitute a substantial deviation requiring further Development of Regional Impact review pursuant to Subsection 380.06(19) Florida Statutes. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Hancork offered the foregoing Resolution and moved for its adoption, seconded by Commissioner ~jdc'Kie and upon roll call, the vote was: AYES: Commissioneq Hancock, Commissionec t1ac'Kie, Commissionec Constantine, Commissioner Berry. and COffilnissionec Nocris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 26 , 1996. day of November BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. LEGAL SUFFICIENCY: -m~Id'i"~ MARJO IE M. ST DENT ASSISTANT COUNTY ATTORNEY DOA-96-4/18751 -2- Nav 2 6 1996 recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled Eor stlbsequent donation to the County as part of the development plan are two community facility sites. The school sites specified in Development Order 8~~3 have been dedicated to the Collier County and previously accepted by The Collier County School Board. Developer has entered into ,J,n a~reemefit to tradeg etfter property outside of Fiddler's Creek to aesirea BY the School Board for some oE the property owned by the School District in Fiddler's Creek. Neighborhood Parks will be dedicated to the Homeowners Association or Community Development District upon their completion in conformance with the development schedule of the project. The Community Facilities Sites in Fiddler's Creek, will provide a location for the construction of public facilities, which may include a sheriff's sub-station, fire station, library site and emergency medical services. These Community Facilities Sites will be dedicated to the County at the County's request. 2. Clearing, Grading, Earthwork and Site Drainage: All clearing, grading, earthwork and si te drainage work shall be performed in accordance with the Settlement Agreement dated ~ I, 1995 Julv 20, 1982, the applicable permits, and the Agreement with Collier County dated April 4, 1995, and as set forth in this document. The Settlement Agreement and revised conceptual drainage plans submitted with this Notice of Proposed Change will be used as a guide to the final development of the drainage and road systems within the various development areas. 3. Street Construction: All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as provided in the Settlement Agreement which is bv reference referred ~ .fExhibit "FC-Dtli-, although modifications may be approved by the parties thereto. 15. Maintenance Facilities: W"relq 'In1""'lin"'" "I,'" ;,'H;'-ic-:-.r, '~.~,rl~ A.to_'-"I"'~t>-~h ;'lr~ rl~l~tion!'l_ Nav 2 6 1996 officially adopted as conditions [or approval. b. The developer shall submit an annual report on the Development of R~gion().l TmpClct to r:oll i~r C'O\ll1ty, the Southwest Florida Regional Planning Council and all affected agencies as required in Ch;)rt~ r 1 A 0 . or;; (l.Hl;;;'), F 1 Cll- i dd :;La L lJl.f:!J . SECTION FOUR: AMENDMENTS TO DEVELOPMENT ORDER The Marco Shores/Fiddler' [3 Creek Development Order (Resolution 84-3, as amended), Subsections 4.0.1, 2. 3 and 1S.A., relating to POD Ordinance Commitments, arc hereby amended to read as follows: D. Commitments specified in the PUD Ordinance as set forth in Exhibit C attached hereto and he reference made a part thereof and as follows: 1. Project Development and Recreational Facilities: The proposed constr4ction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other sir.1ilar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities showl! on Exhibit "(" and Fiddler's Creek Exhibit "Fe-C". Master Development Plan, shall be provided and completed in timing with the adjacent residential units and as specified in the PUD document. The northern golf course in Fiddler's Creek was constructed by a resort hotel corporation. This course is llsed primarily for the recreational use of their guests. Secondarily, residents of Fiddler's Creek will have access to this course on an as-space-is-available basis, and the public may have similar access. The southern and eastern golf courseQ in Fiddler's Creek shall be constructed when feasible to serve the surrounding residential units. The southern golf course and recreational facilities shall be privately owned facilities and constructed on the designated sites in conformance with the development needs of the project. Neighborhood parks, bike trails, and other communi ty Words underlined are additions; wCJrd:; f'lt.LIf'11: ~.~ are deletions. NOV 2 6 1996 2. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 3. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual reports; 4. A statement listing anticipated applications for development permits, required pursuant to applicable regulations which the applicant proposes to submit during the year immediately following submittal of the annual report; 5. A statement setting forth the name(s) and address{sl of any heir, assignee or successor in interest to the applicant in its capacity as developer of Marco Shores Planned Unit Development; and 6. A~statement that all persons have received copies of the annual report, as required under Chapter 380.06(~~}. It is the intent herein, that the foregoing requirements for submittal of the annual report shall be in addition to and not in lieu of any submittal requlrements for an annual report as promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. C. Southwest Florida Regional Planning Council's stipulations of approval are as follows: IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS, 3. Other: In the ADA for Marco Shores DRI, numerous commitments were made by the applicant to mitigate project impacts. Many but not all of the commitment were listed in these stipulations. a. All commitments and impact-mitigating actions provided by the applicant within the ADA (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above and as herein amended are Words underlined are additions; words stru:ll t~r0J~k are deletions. - 4 - NO V 2 6 1996 designated for neighborhood commercial uses has been amended by the Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. ~lorr's Island is 212.89 acres, 300 multi-family dwelling units at 1.41 units/acre with parks and recreation area. SECTION THREE: AMENDMENTS TO DEVELOPMENT ORDER The Marco Shores/Fiddler's Creek Development Order (Resolution 84-3, as amended), Subsections 4.8. and C.3., Annual Report, are hereby amended to read as follows: Section 4. This Board of County Commissioners finds that the applicant has adequately addressed and/or has agreed to satisfy those conditions and stipulations set forth by the SWFRPC in the SWFRPC's nconditional approval" (Item C below) of the ADA, and agreed to all adqiitional conditions, stipulations, restrictions and limitations set; forth by the Board of County Commissio'ner a.s follows: B. The Appl icant sha 11 submi t an annual report in accordance with. the Section 380.06{~ ~), on the Development of Regional Impact to the County, the SWFRPC, the State Land Planning Agency, and other agencies as may be appropriate, by December 31 each year until and including such time as all terms and conditions of this Order are satisfied. Such report shall be submitted to the Collier County Community Development Administrator who shall, after appropriate review, submit it for review by the Board of County Commissioners. The Board of County Commissioners shall review the report for compliance with the terms and conditions of this Order and may issue further orders and conditions to insure compliance with the terms and conditions of this Order. The applicant shall be notified of any Board of County Commissioner hearing where in such report is to be reviewed, provided however, that receipt and review by the Board of County Commissioners shall not be considered a substitute or a waiver of any terms or conditions of this Order. The annual report shall contain: 1. The SWFRPC's monitoring forms as may be required; Words underlined are additions; words atFuelt tL["Cti~A are deletions. - 3 - NOV 2 6 1996 Island) The rC'.iscd Unit 20 Fiddler's Creek portion of Marco Shores shall consist of lSB9.11 1379.11 acres, 6,000 dwelling units, 33.6 acres of "Business", open space, golf courses, lakes and preserves as set forth herein, and shall be known as Fiddler's Creek, a Planned Unit Development. The scope of development to be permitted pursuant to this Order includes operations described in the ADA, prior amendments approved for the development, changes approved herein and the supporting documents which by reference are made a part hereof as composite Exhibit B. SECTION TWO: FINDINGS OF FACT The Marco Shores/Fiddler' 5 Creek Development Order {Resolution 84-3, as amended}, Section 2, Findings of Fact, Subsections A, B and D are hereby amended to read as follows: Section 2., That the Board of County Commissioners, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds that there is substantial competent evidence to support the following findings of fact: A. That the real property which is the subject of the ADA is legally described as set forth in Exhibit "A", and Exhibit "A-1" aclclifl~ a 22.9 acre tr~ct to Unit 3G , the leqal description for Fiddler's Creek with the additioIl of the 690 acre tract, which are attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(12 e) Florida Statutes as modified by the Marco Agreement. D. The applicant proposes the development of Fiddler's Creek, Isle of Capri Commercial Area and Horr's Island all of which are a part of the Marco Shores PUD. Fiddler's Creek consists of 1C89.11 2379.11 acres: 3900 multi-family Units, and 2100 single- family dwelling units for a total of 6,000 dwelling units at a gross density of ~ 2.52 units/acre; business sections; sites for parks; recreation areas; Collier County school Board property; utility facilities; community facilities; preservation areas; and lakes; and roads. Isle of Capri Commercial Area previously Words underlined are additions; words I'Jtruel. th"'f:~~ are deletions. NO V 2 6 1996 DEVELOPMENT ORDER 96- 4 RESOLUTIOn 96 - 530 A RESOLUTION AMENDING DEVELOPMENT ORDER 81-3, AS AMENDt:D, FOR THE MARCO SHORES/FIDDLER'S CRt:EK DEVELOPMENT OF REG,ONAL IMPACT ("DRI") BY AMENDING SECTION I, HELATHiG TO (;ENEHAL INI.'OHMATlON CONCERNING THE DEVELOPMENT; AMENDING SECTION 2, SUBSECTIONS A, B, AND D, FINDINGS OF FACT TO ADD A 690 !,CRE PARCEL; At1ENDING SECTION 4, SUBSECTIONS B AND C. 3, RELATING TO ANNUr,L REPORTI NG REQUI REMENTS; AMENDING SECTION 4, SUBSECTIotl IJ.l, 2, 3 AND 15. A., PUIJ ORDINANCE COMMITMENTS, INCLUDING THOSE RELATING TO PRO.JECT IJEVELOPMENT AND RECREATIONAL FACILITIES, CLEARING GRADING EARTHWORK, STREET CONSTRUCTION AND SITE DRAINAGE, MAINTENANCE FACILITIES; AMENDING SECTION 4, SUBSECTIOrl E, OTHER COMt1ITMENTS, RELATING TO RECREATION AND OPEN SPACE; BY PROVIDING FOR FINDINGS OF FACT, CONCLUSIONS OF LAW, EFFECT OF PREVIOUSLY ISSUED DEVt:LOPMENT ORDER, TRAJ1SMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, 951 Land Holdings Joint Venture (hereinafter "Developer") submitted a Notice of Proposed Change for the Marco Shores Planned Unit Development, Unit 30, and petitioned the Board of County Commissioner of Collier County, Florida to amend the Marco Shores De~elopment Order, Collier County Development Order 84-3, as previously amended by Resolutions 84-237, 88-117, 89-149, and 96-333 only with respect to the Unit 30 portion of the Marco Shores Development Order; WHEREAS, Developer desires to add approximately 690 acres of land (Section 13, Township 51 South, Range 26 East) to the Fiddler's Creek portion of Marco Shores; and WHEREAS, this amendment is only intended to amend Development Order 84-3, as previously amended, as it relates to Fiddler's Creek. NOW THEREFORE BE IT RESOLVEIJ, by the Board of County Commissioners, Collier County, Florida, that: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER The Marco Shores/Fiddler's Creek Development Order (Resolution 84-3, as amended), Section I is hereby amended to read as follows: Section I. That this Resolution shall constitute an amendment to the Development Order issued by Collier County in response to the ADA filed by Deltona, previous Notices of Proposed Change and the Notice of Proposed Change filed by the Developer for a portion of Unit 30, which is a component of Marco Shores, a Planned Unit Development, Isle of Capri Comr:lercial Area and Key Marco (Horr's Words underlined are addit.ions; words etl'"l;:\eh (I r-ed)ft are deletions. - 1 -