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Resolution 2011-083/DO 11-01 DEVELOPMENT ORDER NO. 11-01 RESOLUTION NO. I] - 83 A RESOLUTION AMENDING RESOLUTION NUMBER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO [NCREASE THE NUMBER OF SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 86-0 I (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as OIde Cypress formerly the Woodlands Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86-01, the Board of County Commissioners of Collier County, Florida approved several amendments to said Development Order; and WHEREAS. "Olde Cypress", represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Y ovanovich, Esquire of Coleman, Y ovanovich & Koester, P.A, has filed its application and Notice of Proposed Change (NOPC) to Development Order No. 86-01, as amended. which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida. with jurisdiction pursuant to Section 380.06. Olde Cypress.DOA-PL20 I 0-1 052 Re\'.2/14/11 101'6 Words stnu:l~ thf~ are deleted; words underlined are added. Florida Statutes, is authorized and empowered to consider proposed changes to the Olde Cypress DRI Development Order No. 86-01, as amendcd; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. 2011-13 on April 26, 20 II, which had the effect of amending the PUD zoning district for the Olde Cypress development previously approved in Ordinance No. 2000-37; and WHEREAS. on April 26, 2011, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered HOlde Cypress" application and Notice of Proposed Change to the Olde Cypress DRI Development Order No. 86-0 I, as amended, and record made at said hearing, and having considered the record of the documentary and oral cvidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the Board of County Commissioners hereby approves the following Olde Cypress DRI Development Order amendments. 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 Paragraph 4 of the Findings of Fact Section of Development Order 86-01, as amended, for the Olde Cypress DRI is hereby amcnded to read as tallows: Thc applicant proposes thc development of Olde Cypress pursuant to the ADA. and the terms and conditions of this Devclopment Order. as thc same may be amcnded. The dcvclopment consists of ~ 602 acres which ineludes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acrcs, rcsidential development of I, I 00 dwelling units on approximately ~ 184.2 acrcs, approximately 176.2 acres of preservation area, and approximately ~ l.JU.2 acres of lakes. open Oldc Cy press 'DOA-PUO I 0-1 052 Rc".2i14!JI 201'6 Words sH'ud( thraugh are deleted: words underlined are added. space, an 18-hole golf course and 2.1 acres of lake/preservation area to preserve archaeological resourccs. The general plan of dcvelopment is depicted on Exhibit "A" attachcd hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental pcrmitting requircments. Paragraph 6 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE: h. Prior to the issuance of any local development order to allow vertical construction tor lands within the 63.9 acres being added in this amendment, the developer, or his assigns, will submit and receive approval of a Big Cypress Fox Squirrel Management Plan that includes an overall preserve management plan. Said plans must clearly identify a method to identify the preserve boundary. This submittal shall be made concurrently to RPC, DCA. FWC and Collier County. Paragraph 9 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DRI is hereby amended to read as follows: 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA. numerous Commitments were madc by the applicant to mitigate project impacts. Many, but not all of these commitments, are listed in this Development Order. Additionally, the ADA provided a Phasing Schcdule that provided the timing basis tor this review. If this phasing schedule is signiticantly altered by the applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions; a. All commitment and impact mitIgating actions provided by the applicant within the Application tor Development Approval (and supplementary documents) that are not in contlict with specific conditions tor project approval outlined above are ofticially adopted excePting any park requirements, as conditions for approval. Olde Cypress!DOA-PL2010-1052 Rev.2/14/J1 301'6 Words slr""I, Il1reHgh are deleled; words underlined are added. SECTION TWO: FINDINGS OF FACT A. Thc real property, which is the subject of the proposal, is legally described as set tarth in Exhibit "B", attached hereto and by reference 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 Proposed Change to a previously approved DRI known as Exhibit "C'. and by rcference made a part hereof. D. The applicant proposes the development of Olde Cypress on 602 acres of land for residential/golf course and commercial development described in Development Order 86-01, 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 an Area of Critical State Concern pursuant Section 380.05, Florida Statutes, as amended. G. The proposed changes to the prcviously approved development are consistent with the rcport and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LA W A. The proposed changcs to the prcviously approved Development Order do not constitute a substantial deviation pursuant to Scction 380.06( 19). Florida Statutes. The scope of the devclopmcnt to be pcrmitted pursuant to this Development Order Amendment includes operations dcscribed in the Notice of Proposed Change to a prcviously approvcd DR!. Exhibit "C" attached hereto and by reference made a part hereof. Olde Cypress/DOA-PL20 I 0-1 052 Rev. 2'14/11 401'6 Words stnlelt threugh arc deleted; words underlined are added. B. The proposcd changes to thc previously approved Development Order fall within the paramcters for extensions of buildout pursuant to Scction 380.06( 15)(g), Florida Statutes. C. The proposed changes to the previously approved developmcnt will not unreasonably interfcre with the achievement of the objcctives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Grov.1h Management Plan and the Land Dcvelopment Regulations adopted pursuant thereto. E. Thc proposed changes to the previously approvcd Development Ordcr are consistcnt with the State Comprehensive Plan. F. Thc proposed changes do not constitute a substantial deviation pursuant to Subsection 3 80.06( 19), Florida Statutes. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITT AL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Devclopment Order No. 86-01, as amcndcd, shall rcmain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Ordcr shall take precedencc over any of the applicable provisions of prcvious development orders which are in contlict therewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Atlairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Rcsolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Olde Cyprcss'DOA-I'1.20 I 0-1 052 Re\'. Ll4/l1 501'6 Words slrHck Il1raHgh arc deleled; words underlined are added. h This Resolution adopted this a~~ day of ~, 2011, after motion, second, and majority vote. ATTEST: DWICart~,i~OOfK, CLERK G. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ';'LtlL W. ~\< FRED W. COYLE, Chairman -' . < c J. ' '...... ....~";i 'J'JI] .GU:f~\J Approved as to form and legal sufficiency; M- ll-~~L Steven T. Williams Assistant County Attorney , Attachments: Exhibit A - Map H Exhibit B - Legal Description Exhibit C - Notice of Proposed Change cP/t O-CPS-O 1045\44 aide CypresslDOA-PL20 10-1 052 Rev. 2/14/1 I 601'6 Words 5lmol, IllreHgl1 are deleled; words underlined are added. , ~ ~I ~ , !~ ~ ii! .'i ! ,I I ;i '! , " i!i _~ I 0 ~ GS >lORF. L AK E , !@CD .... I,' . . ~- 1 I /I __ r Ili~~"'=_",_~ i@1 I ! r-----; I, \ ~ )J :\1 @ L'------' ! ill 'i'\ ~~ I' L-.r--,U'--- _ II, ,II n".'K.H""~~ ~( ~::=~- ! . ; _Z.I!I<.,,~ !i!HUI .illiHi l ~ P l:: :0 " '!! I ~ I! i - ~ i Ii ;; t ~;;; e ~ ii il' Il'd'~ ~ lit!I}' g_m~ i . ~"o" . ~ l m ~!~~ ~ ~ ~W ~ ~ ~ m d~i l ~ ~~~~ ~ ~ ~ <~. ...~ , ~ o~,~ ~ ~ · ". ,~q ~ Q ,0.. 0 , :~ ~.~. " . ~~~~ / ~ i. ~n~ S :~a! I , ~~ o<~ . 0.. . ~ .. ,"~ ! . ~ " ~ !g. ~ ~" ~ ; ! ~ > ~ W...;::~ .._-~-:.::- "~ Q . E CYPRESS DRI OLD CLIENT VITA PIMA. LLc. ORI MASTER" P~A~ EXHIBIT H Exhibit A Rhodes & Rhodes Land Surveying, Ine. 28100 Bonita Gra.nde Drive, Snite 107, Bonita Springs, Florida 34136 Phone (289) 406-8166 Fax (289) 406-8163 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA: THENCE RUN N.00059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00059'51 "W. ALONG THE WEST LINE OF SECTION 21 A DISTANCE OF 2560.17 FEET TO TIlE WEST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.OloOO'08"W., ALONG THE WEST LINE OF SAID SECTION 21, FORA DISTANCE OF 2659.99 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE RUN N.89004'49"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89004'26"E., ALONG THE NORTH LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE RUN S.00055'09"E., ALONG THE EAST LINE OF SAID SECTION 21, FORA DISTANCE OF 2663.26 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.00055'37"E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBERTON, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89006'04"E., ALONG THE NORTH LINE OF SAID CONDOMINillM FOR A DISTANCE OF 656.66 FEET; THENCE RUN S.0100I'19"E. FOR A DISTANCE OF 1898.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE COCOHATCHEE CANAL (100 FEET WIDE)AS RECORDED IN DEED BOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89009'07"W., ALONG SAID NORTH RTGHT-OF-WA Y LINE, FOR A DISTANCE OF 659.81 FEET TO THE EAST LINE OF SAID SECTION 21; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF F AIRWAY PRESERVE AT 010E CYPRESS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINillM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.00056'04"W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE RUN S.89008'07"W., ALONG THE NORTH LINE OF SAID PARCEL AND TIlE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 660.47 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.00056'31 "E., ALONG THE WEST LINE OF SAID PARCEL, FORA DISTANCE OF 1231.23 FEET TO THE SOUTIIWESTCORNER OF SAID PARCEL AND TO THE NORTH RlGHT-Of-WAY LINE Of THE AFORESAID COCOHATCHEE CANAL; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET I OF 2 Exhibit B Rhodes & Rhodes Land Surveying, Ine. 118100 Bonita GrawJe Drive, Sni~ 107, Bonita Springe, Florida 841311 Phone (239) 406-S166 Fax (239) 4M-8163 OFFICIAL RECORDS BOOK 3579 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.00057'12"W., ALONG SAID EAST LINE, FOR A DISTANCE OF 224.51 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65023'20"W., FOR A DISTANCE OF 43.57 FEET; (2)THENCE S.78026'13"W., FOR A DISTANCE OF 61.22 FEET; (3) THENCE S.80004'25"W., FOR A DISTANCE OF 45.57 FEET; (4) THENCE S.84027'31 "W., FOR A DISTANCE OF 31.15 FEET; (5) THENCE S.80009'47"W., FOR A DISTANCE OF 30.89 FEET; (6) THENCE S.58048'23"W., FOR A DISTANCE OF 24.42 FEET; (7) THENCE S.54027'05"W., FOR A DISTANCE OF 36.02 FEET; (8) THENCE S.40025'12"W., FOR A DISTANCE OF 33.11 FEET; (9) THENCE S.47057'45"W., FOR A DISTANCE OF 62.74 FEET; (10) THENCE S.50021 '05"W., FOR A DISTANCE OF 49.97 FEET; (II) THENCE S.68022'05"W., FOR A DISTANCE OF 37.47 FEET; (12) THENCE S.42018'38"W., FOR A DISTANCE OF 39.61 FEET; (13) THENCE S.56049'27"W., FOR A DISTANCE OF 15.80 FEET TO THE AFORESAID NORTHERLY RIGHT.OF-WAY LINE OF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89008'23"W., ALONG SAID NORTH RIGHT- OF-WAY LINE, FOR A DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: DA VINCI ESTATES AT OLOE CYPRESS, A SUBDNISION RECORDED IN PLAT BOOK 35 AT PAGES 33 THROUGH 37, INCLUSNE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00059'51 "W. ALONG THE WEST LINE OF SECTION 21, FOR A DISTANCE OF 2560.17 FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89006'45"E., ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.O 1 000'0 I "W., ALONG THE WEST LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.89005'40"E., ALONG THE NORTH LINE OF SAID DAVINCI SUBDNISION, FORA DISTANCE OF 1321.51 FEET; THENCE RUN S.00058'40"E., ALONG THE EAST LINE OF SAID DA VINICI SUBDNISION, FOR A DISTANCE OF 1330.47 FEET; THENCE RUN S.89006'45"W., ALONG THE SOUTH LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEGINNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. SHEET 2 OF 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee. Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06( 19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this f01111. I. I, Brian Stock, the undersigned owner/authorizcd representative of Olde Cypress Development, L TD & Vita Pima, LLC, hcreby givc notice of a proposed change to a (developer) previously approved Devclopment of Regional Impact in accordance with Subsection 380.06( 19), Florida Statutes. In support thereot; I submit thc following infonllation concerning the Olde Cypress DRI (f/kJa The Woodlands DR!) development, which (original & CUlTent project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notitication to Colllcr County, (local govemment) to thc Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. ~ll /10 , Date OOA-PL2010-10S2 REV:1 OLOE CYPAr:SS OR! DAlE: 6/11/10 Due: 712/10 Exhibit C 2. Applicant (name, address, phone). Olde CYpl'ess Development, LTD 2647 Professional Cil'cle, Suite 120/ Naples, F134119 Contact: Keith Geldel' (239) 592-7344 Olde Cypress DRI DOA-PL201 0-1 052 submlttted: 1-12-11 (this page only) 3. Authorized Agent (name, address, phone). Waldl'Op Engineel'ing, P.A. 28/00 Bonita GI'ande DI'ive Bonita Spl'ings, F134135 Contact: Chl'is Mitchell (239) 405-7777 4_ Location (City, County, TownshiplRange/Section) of approved DRl and proposed change. Olde Cypress DI'i (F/KJA The Woodlands DI'/) Naples, FI34/03 Section 2/ & 22/ Township 48s / Range 26e 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarifY the nature of the change or the resulting impacts. No changes al'e pl'oposed to the phasing, commencement, 01' build-out dates. The dtnJelopel' pl'Oposes to add 63.88 aCl'es to the existing DR! with no change in total numhel' of appl'oved units. The additional aCl'eage is plannedfol' I'esidential development. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Please See Attached 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRl development order that have been adopted by the local goverrunent, and provide a brief description of the previous changes (Le., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DR! development order for the project? There have heenfive (5) development ol'del' amendments adopted by CollieI' County since the ol'iginal "The Woodlands DRU' dtnJelopment ol'del' (Ol'd. 86-/) was issued on Novembel' 6,1986. The following is a descI'iption of the five (5) do amendments: (1) Resolution (87-96) adopted April 28, 1987, amended section b(5)(a)(7) and (8), transpol1ation, to clarify responsibilities of Collier County and the developer; amended section b(5)(b)(4), transpol1atlon conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; (2) Resolution (87-207) adopted September 15,1987, amending section a(4),finding offact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to setforth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DR! develompent order to the Florida Land and Water Adjudicatory Commission take by the Florida Depal1ment of Community Affairs and the Southwest Florida Regional Planning CounciL The Woodland's DR! development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Comission issued its final order of dismissal of the appeal (3) Resolution (94-774) adopted November 1,1994, wended the woodiand's DR! commencement date and the buildout/termination date by four (4) years, eleven months (11) or until October 7,2000 and October 7, 2015, respectively. Collier County remains the local government with jurisdiction over all portions of the Olde Cypress DR/, (4) On October 22,1996, the BCC amended the development order with resolution (96-482) to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management. Also, the right- of-way reservation on the east side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transpol1ation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. (5) In December 1999, Resolution (99-472) 28.69 acres were added to the eastern edge ofOlde Cypress in Section 22. Lands to be added included a 2,1 acre archaelogical preserve area. Standards were also incorporated in the development order to provide protection for archaelogical resources, The gross density was also reducedfrom 2.2 to 2.1 dwelllng units per acre, Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000-155) adopted May 23, 2000 added 9.3 acres to accommodate the addition of the golf course driving range, The request also included a modijlcation of the golf course/open space acreage from 161.7 to 168.3 acres, including lakes, The residential acreage was modifiedfrom 152.5 acres to 155.2 acres, No changes to the number of dwelling units, commercial fioor area, phasing schedule, commencement date, or build-out date was requested. 8. Describe any lands purchased or optioned within 1/4 mile of the original DR! site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y, mile on a project master site plan or other map. Vita Pima, LLC recently purchased 65.29 acres directly adjacent (south) of the Olde Cypress DR/. The easterly 46.64 acre parcel is an existing RPUD (liD Development Ordinance #05-65), The westerly 18.65 acres is currently zoned agriculturaL Vita Pima, LLC has filed a concurrent PUD Amendment application with Collier County to rezone the entire 65.29 acres to RPUD. 9. Indicate ifthe proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The proposed change is less than 40% of any of the criteria listed in 380(19)(b), F.S. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO x 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buildout dates or phasing are proposed. II. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require any comprehensive plan changes. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map ofthe development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Attached. 13. Pursuant to Subsection 380.06(19)(t), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the deyelopment order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major charactcristics or components of the proposed change; See attached Proposed Master Plan, Map H and Proposed changes to the Coiller County Development Order. b. An updated legal description of the property, if any project acreage islhas been added or deleted to the previously approved plan of development; See attached legal description of the property to be attached to the Development Order. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No change. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. E-o ~ ~ U f;I:lZ 1;.:10 U rJ)f;I:l OE-o =<f;I:l 0= ~Z =<0 f;r.f:: ~~ f::f;I:l 0= ~~ ....E-o ~~ E-o rJ) ~ rJ) '" er;- g 0 " ~ '" '" N o ~ - - '" ...; 00 0 ~ N ... , g i g ~ .~ .. 1i p"..c 0 U 8 '" .... 0 0 j '" ~ N '" .... N vi <Xi p.. ... '" '" } ... - ~ g ..... ~ ~ 0 '" '" .... .... ;i ....; - 00 1l ..... ... 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Q " > 0 j " a. ]6 .c "" E 0 Vl .. g " ." c:: Q ., ~ ~ 8's8 I-< Olde Cypress DRI / PUD Unit Summary La,t Updated: 3/15/2010 Subdivision ~ Total Lots Built to Date % S tram Bella SF 18 17 94% Santorini SF 55 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF 55 55 100% Santa Rosa SF 27 27 100% Biscayne Place SF 8 8 100% Woodsedge SF 130 125 96% Total SF Units 366 360 98% Subdivision ~ Total Units Built to Date % Fairway Preserve MF 264 264 100% Amberton MF 312 132 42% Total MF Units 576 396 69% Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 Olde Cypress DRl Tow Proposed Units Total Units Built to Date 1100 756 ~ 69% Olde Cypress PUD MF Units SF Units Unallocated Total Units Existing 576 366 158 1100 HD Development RPUD SF Units Total Units Existing 71 71 Total PR! Units OIde Cypress PUD Vita Tuscana PUD Total Units Existing 1100 o 1100 Proposed 125 125 Proposed 942 125 1067 Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 Olde Cypress DRl Transportation Summary Existing Unit Mix PM Peak Total ~ ~ Hour Trips Irips SF 296 1.0 296 MF 804 0.5 402 Total 1100 698 Proposed Unit Mix PM Peak Total ~ !llJ.m HOllr Trips ~ SF 491 1.0 491 MF 576 0.5 288 Total 1067 779 I % Change in Total Trips 10.40%1 Olde Cypress DRI DOA-PL201 0-1 052 em ail submittal 12/6/1 0