THE PARKLANDS DRI IN COLLIER COUNTY DRI # NOTICE OF PROPOSED CHANGE

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Marvin Watson
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1 THE PARKLANDS DRI IN COLLIER COUNTY DRI # NOTICE OF PROPOSED CHANGE Background: The Parklands Development of Regional Impact (DRI) is located in both Lee and Collier Counties. The original development proposal was a mixed use project including 3,700 residential dwelling units, a golf course, and 120,000 square feet of commercial space on approximately 1,289.5 acres in both Lee and Collier Counties (see Attachment I and II, Location Maps). The Lee County portion of the project was proposed to contain 1,290 multiple-family residential units and 120,000 square feet of commercial space. The Collier portion of the DRI was approved by the Collier County Board of County Commissioners via the Parklands Development Order (DO) 85-4 on September 10, At that time, the Collier County portion of the project contained acres. In 1993, the DRI was amended to remove the western onethird of the Collier portion of the project site (became part of Quail West) to reach its present size of acres. Likewise, the development parameters of the project were reduced to coincide with the smaller site. The existing Collier portion of the Parklands DRI site now includes (all of Section 9) in northern Collier County. The northern property line of the development site is the Lee/Collier County line. As presently approved, the Collier portion of the development includes 1,603 residential units (both single and multi-family) on approximately acres with a density of 2.5 units per acre, recreation and open space (approximately acres) which included a golf course, clubhouse and maintenance facility on approximately acres, a 7.23 acre County Park site, a school site, an infrastructure, including sewer and potable water facilities, and the required rights-of-way (See Attachment III Existing Map H). The portion of the project located in the City of Bonita Springs is proposed by the Developer of the project to contain 1,290 multiple and single family residential units and 120,000 square feet of commercial space and nine of the total twenty-seven holes of golf. This portion is joined with Parklands West DRI to the west and has been developed together as Palmira Gulf and Country Club. All that is left from the original Parklands DRI to be developed is Section 9 in Collier County which is the subject of this Notice of Proposed Change (NOPC). Previous Changes There have been seven previous changes to the Parklands DO. These changes were as follows: (1) Resolution December 17, 1985 Amended the DO by addressing the timing of transportation improvements, provided a finding of no Substantial Deviation, and amend the DO of the Lee County portion of the development not approved; 1

2 (2) Resolution July 27, 1993 This amendment reduced the overall acreage and allowable maximum density, and also amended various other sections of the DO. (3) Resolution September 28, 1999 Amended the date the DO was in effect (to March 12, 1986), while extending the date by which significant physical development was to occur (from 10 years to 14 years). (This was determined not to be a Substantial Deviation). (4) Resolution July 30, 2002 This amendment extended the date by which significant physical development was to occur from 2003 to (This was determined not to be a Substantial Deviation). (5) Ordinance September 23, 2002 Amended to reflect that the Lee County portion of the project was located within the City of Bonita Springs, incorporated all previous amendments into a re-codified DO for the City of Bonita Springs, extended the commencement date fro November 19, 2000 to November 19, 2002 and modified conditions pertaining to the DRI s education and affordable housing requirements. (6) Ordinance # September 9, 2003 This amendment provide for the following changes: revised the acreages of various components of the development; provide for a density/intensity conversion table; provided for a monetary payment in lieu of land dedication for the park and school sites; provided specific Transportation requirements and a detailed schedule of improvements for a portion of Logan Boulevard Extension; updated environmental requirements and conditions; and other minor amendments various sections and subsections. (7) Adopted by the City of Bonita Spring November 22, Increase the size of the commercial area of the project from acres to acres and decreasing the size of the residential area of the project from acres to

3 acres. The applicant has stated in the application that there will be no change in the amount of previously approved commercial floor area or the total number of dwelling units; Relocate of the western access point onto Bonita Beach Boulevard; and Modify the wording in several of the DO sections, including the Findings of Fact, Drainage/Water Quality, Energy, Commercial Area and Residential Area sections, along with minor identification letter changes for the Town Center Concept, Density and Land Use Conversion and other changes. Proposed Changes: On December 27, 2010 Robert Mulhere applicant agent for GL Homes submitted a NOPC which proposed the following changes: 1) Reduction of allowable maximum density from 1,603 dwelling units to 850 dwelling units, a reduction of nearly fifty percent, with commensurate reduction in traffic impacts and deleting the golf course. 2) An increase in the on-site preservation amount from 158 +/- acres to 341 acres, an increase of 183 acres or more than 100 percent, with commensurate reduction in wetland impacts. 3) Eliminate the Unit Conversion Table. 4) Specify the 15 acre school site as a dedication instead of as a donation and a 15 water main corridor for future connection to Quail West. Amend the Fire Protection subsection to remove requirement of fair share contribution to capital and operation expenses and replace with payment of impact fees 5) Change the monitoring requirement from annual to biennial. 6) Various other housekeeping related changes such as eliminating language in the DO that are already covered in the Land Development Code and one of the most important changes being construction of Logan Boulevard from Bonita Beach Road to Immokalee Road. A Developer Contribution Agreement is proposed to address the construction of this regional road. 7) Changing the buildout date to reflect statutory tolling because of environmental permitting litigation and allowable statutory (plus one year) and local government allowances and extensions. The new buildout date is January 22, The proposed development plan for this NOPC is shown in Attachment IV, Map H - Master Development Plan. 3

4 Staff Analysis: Changes number 1-6 listed above are considered Chapter (19)(e)3 as follows. Except for the change authorized by sub-subparagraph 2.f., 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. The applicant has provided information that shows a reduction in trips due to a reduction in units. Also, eliminating the conversion table reduces the potential for additional impact from land use changes. The increase in preserve area is a positive environmental impact required by the permit agencies. Changing the monitoring requirement from annual to biennial is allowed by law now. Specifying the dedication for the school site and size of water main corridor is a necessary refinement of the DO language. Furthermore, eliminating conditions that are already covered in the Land Development Code is an acceptable change to reduce redundancy. Regarding the buildout changes Chapter (19)(c) addresses the tolling issues related to the environmental permitting litigation by stating for the purpose of calculating when a buildout or phase date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. According to the applicant on June 1, 2006 a challenge was filed in Federal District Court to the permit for the Parklands proposed to be issued by the U.S. Army Corps of Engineers (ACOE). The challenge was eventually remanded back to the ACOE for the Property Owner Developer to modify its permit application. The modified permit application was filed and the proposed issuance of the modified permit was challenged. Finally, on July 6, 2010 a settlement agreement was reached and the Court dismissed the permit challenge. The time period that was tolled from June 1, 2006 to July 6, 2010 is four (4) years, one (1) month and six (6) days. Accordingly, the tolled buildout date is January 23, The Applicant separately seeks a one year extension of the tolled buildout date to January 23, The Collier Parklands DRI was previously extended for four years in Under Section (19)(c) a buildout date extension of five years or less is not a substantial deviation, which leaves the Applicant with the right to seek a one (1) year extension which considered cumulatively with the 1993 extension of four years is not a substantial deviation. An additional 4 years is given as part of legislation for the economic downturn so that the total buildout will be January 22, No phasing is proposed. Character, Magnitude, Location: The proposed changes will not affect the location of the DRI. The character and magnitude of the DRI will change from the reduction in units by half, a significant increase in preserve area and the deletion of the golf course. These changes do not increase regional impacts. 4

5 Regional Goals, Resources or Facilities: The regional goals are being met by this DRI particularly related to regional transportation and the right-of-way set aside for the Logan Boulevard transportation facility (see Attachment V). The construction of Logan Boulevard from Bonita Beach Road to Immokalee has been SWFRPC staff goal for over 20 years. This connection is also consistent with the SWFRPC s Bi-County Corridor Study done many years ago. The additional preserve area for the DRI is a positive change for natural resources. Multi-Jurisdictional Issues: The Parkland DRI is one of two DRIs in the region that is within two jurisdictions: City of Bonita Springs/Lee County and Collier County. The two jurisdictions have been working together on this NOPC specifically as it relates to the Logan Boulevard corridor that will be constructed by the applicant. Therefore, regional staff has not identified any adverse regional impacts due to the proposed changes. Need For Reassessment Of The DRI: The NOPC has provided a reassessment of a number of local and regional issues that will have a positive change that reduces the regional impacts of the DRI. The requested changes are determined not to be a Substantial Deviation and will therefore not require a reassessment. Acceptance Of Proposed D.O. Language: The applicant has proposed extensive changes to the development order all of which are acceptable. The Master Development Plan for the Parklands Collier DRI has been revised to meet some of the changes requested in this proposed amendment. Only one clarification maybe necessary as stated by Lee County Department of Transportation and Engineering in that their terms of acceptance of the right-of-way for Logan Boulevard in Lee County is that it is a true donation, with no cost to Lee County either in terms of cash or road impact fee credits. Assuming this condition is clear in the development order staff recommends accepting the Collier County proposed development order language. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed DRI DO language changes and the Map H changes does not appear to create a reasonable likelihood of additional regional impacts on regional resources or facilities not previously reviewed by the SWFRPC and that Council participation at the local public hearing is not necessary, unless requested by the City for technical assistance purposes. 5

6 2. Request Collier County to provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. 05/2012 6

11 BONITA BEACH ROAD Logan Boulevard Extension Construction Phases Logan Boulevard Extension Phase 1: Logan Boulevard construction from current terminus of Logan Boulevard to the Parklands project entrance. Logan Boulevard Extension Phase 2: Logan Boulevard construction from the Parklands project entrance to Bonita Beach Road. PARKLANDS PROJECT ENTRANCE 75 R/W ~ 1.00 MILE 2-LANE UNDIVIDED SECTION (DEVELOPER CONTROLLED R/W TO BE DEDICATED TO LEE COUNTY) 80 R/W ~ 1.50 MILES 2-LANE DIVIDED SECTION (DEVELOPER CONTROLLED R/W TO BE DEDICATED TO COLLIER COUNTY) LOGAN BOULEVARD 80 R/W ~ 1.15 MILE 2-LANE UNDIVIDED SECTION (DEVELOPER CONTROLLED AND COUNTY OWNED R/W TO BE DEDICATED TO COLLIER COUNTY) 60 R/W ~ 0.68 MILE 2-LANE UNDIVIDED SECTION (COUNTY OWNED R/W) TRANSITION 60 R/W 100 R/W (COUNTY OWNED R/W) IMMOKALEE ROAD 100 R/W 4-LANE DIVIDED SECTION (COUNTY OWNED R/W)

PELICAN PRESERVE (fka SUN CITY FORT MYERS) DRI CITY OF FORT MYERS LEE COUNTY DRI # NOTICE OF PROPOSED CHANGE

Agenda Item PELICAN PRESERVE (fka SUN CITY FORT MYERS) DRI CITY OF FORT MYERS LEE COUNTY DRI #09-9899-150 NOTICE OF PROPOSED CHANGE Background: The Pelican Preserve Development of Regional Impact (formerly