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Resolution 1990-067 (DO 90-1) DEVELOPMENT ORDER 90- 1 FEBRUARY 13, 1990 RESOLUTION 90- 67 E ' DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR REGENCY VILLAGE OF NAPLES PLANNED UNIT DEVELOPMENT LOCATED IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Wilson, Miller, Barton, Soll and Peek, Agent for •' Regency Village of Naples, a Joint Venture, c/o Stephen Tavilla, filed on December 1, 1988, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Regency Village of Naples Planned Unit Development in accordance with Section 380.06(6) , Florida Statutes; and WHEREAS, Wilson, Miller, Barton, Soll and Peek has obtained all necessary approvals and conditional approvals from the various • Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied; and WHEREAS, the Collier County Planning Commission has reviewed 0 and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public . hearing on the ADA on August 17, 1989; and WHEREAS, the Board of County Commissioners has passed Ordinance 85-61 on October 15, 1985, which rezoned the subject 1 property to PUD; and WHEREAS, the issuance of a development order pursuant to -1 00060 (9' 3 FEBRUARY 13, 1990 Chapter 380.06, Florida Statutes, does not constitute a waiver of F' any powers or rights regarding the issuance of other development permits by the County or State; and WHEREAS, on February 13, 1990, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, considered the application for Development of Regional Impact submitted by Wilson, Miller, Barton, Soll and Peek, Agent; the report and recommendations of the SWFRPC; the certified record of the documentary and oral evidence presented to the Collier County Planning Commission; the a .. report and recommendations of the Collier County Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the comments upon the record made before the Board of County Commissioners at said meeting, and hereby makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT 1. The real property which is the subject of the ADA is • legally described as set forth in Exhibit A, the Planned Unit Development Document for Regency Village of Naples attached hereto and by reference made a part hereof. 2. The application is in accordance with Section 380.06(6) , Florida Statutes. • 3. The applicant submitted to the County an ADA and • sufficiency responses known as composite Exhibit B, and by • reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. • . 4. The applicant proposes the development of Regency Village of Naples Planned Unit Development for 200 acres which • includes: 30 acres of commercial uses to include a 260 room motel, 40,000 square feet of office commercial, and 120,000 square feet of retail commercial; 680 residential dwelling units on 67 acres; an 18 hole golf course on 43 acres; 25 acres of conservation areas; 22 acres of lakes for water management; and 13 acres of • • -2- UOCGI ..(31 44-416 3 FEBRUARY 13, 1990 . roads. • 5. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. • 6. The development is consistent with the report and • recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11) , Florida Statutes. 7. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended. • 9. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled February 13, 1990, that the Regency Village of Naples Development of Regional Impact Application for Development Approval submitted by Wilson, Miller, Barton, Soll and • Peek, Agent, is hereby ordered approved subject to the following conditions as recommended by the SWFRPC or in response to their recommendation and the commitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: 1. DRAINAGE/WATER QUALITY a. Prior to the issuance of water management permits by the South Florida Water Management District, the applicant shall clarify off-site flows and shall confirm to District staff that the proposed wet and dry water management areas meet District $} -3- 00062 __-(;)a-0,-- deyl -/94. criteria. FEBRUARY 13, 1990 b. The applicant shall provide reasonable scientific data to District Staff to demonstrate that the proposed project control elevations and overall design will preserve the seven on-site cypress wetlands including maintaining the natural historic hydroperiods and that District preservation/mitigation criteria will be met. c. The applicant has indicated that an exfiltration trench may be used to meet the dry detention requirements for the commercial portion of the project. The exfiltration trench shall be designed to meet District criteria in effect at the time of permit application. d. Prior to the issuance of water management permits, the applicant shall demonstrate that the proposed percolation • ponds will not be located within 200 feet of a waterbody or wetland or within 100 feet of a dry retention/detention area. • e. Prior to the issuance of water management permits, the applicant shall provide evidence as to whether the project site receives historic off-site flows. If there are historic • off-site flows onto the site, applicant shall make provision to accommodate these flows around, or through, the project. f. The applicant, or its designee, shall undertake a regularly scheduled vacuum sweeping of all streets and parking • facilities, to be incorporated as a best management practice. g. In areas adjacent to retail uses, the applicant shall provide at least one-half inch of dry pre-treatment (retention or detention) in order to provide reasonable assurance that hazardous materials will not enter the stormwater management . - system. h. The project shall utilize reclaimed wastewater for • irrigation and the applicant shall insure that on-site lakes and wetlands are adequately buffered from possible effluent contamination. i. All project construction shall take place away from preserved wetland areas, proposed buffers, lakes and swale systems -4- 00063 3 4Z -/9. FEBRUARY 13, 1990 so as not to affect the intended function of the stormwater management system. j. The operation of the Regency Village of Naples Stormwater Management System is dependent on the Cocohatchee Canal • for an outlet. Therefore, a final Stormwater Management Plan shall demonstrate that the system is designed in accordance with existing design parameters for the Cocohatchee Canal. k. The applicant shall participate in any on-going or future efforts by Collier County to establish a County-wide Watershed Basin Management Plan on a proportionate share basis as its acreage relates to the total acreage benefited by said Plan(s) . 1. Best Management practices (BMP's) and monitoring and maintenance of the stormwater management system shall be implemented by the applicant in accordance with District guidelines. m. All internal stormwater management and wetland systems shall be set aside as private drainage easements, common areas, preserves, or identified as specific tracts on the recorded • J ' 0 final plat. n. If any changes in water quality monitoring locations, parameters, and/or frequency are suggested by either • Collier County, the Florida Department of Environmental Regulation, the South Florida Water Management District, other • agencies, or the applicant, such changes shall be coordinated with the appropriate County and State agencies. 2. ENERGY: • a. A bicycle-pedestrian system shall be provided along arterial and collector roads within the project. This system is to be consistent with applicable county requirements. b. Bicycle racks/storage facilities shall be provided in recreational, commercial and multi-family residential areas. c. The applicant shall cooperate with the relevant 3 ' transit authority in locating of bus stops, shelters, and other • passenger and system accommodations for a transit system to serve -5- 4. 00064 FEBRUARY 13, 1990 the project area. d. The project architectural review committee(s) shall consider and encourage appropriate energy conservation measures to assist builders and tenants in their efforts to achieve greater energy efficiency in the development; and shall specifically encourage the appropriate utilization of the following: (1) Use of energy-efficient features in window design (e.g. , tinting and exterior shading) . • (2) Use of operable windows and ceiling fans. (3) Installation of energy-efficient appliances and equipment. (4) Reduced coverage by asphalt, concrete, rock, and similar substances in street, parking lots, and other areas to reduce local air temperature and reflected light and heat. (5) Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. (6) Planting of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. (7) Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of • sunlight in the cooler months. (8) Planting of native shade trees for each residential unit if native shade trees do not exist for each residential unit. ;. (9) Orientation of structures, as possible, to • reduce solar heat gain by walls and to utilize the natural } cooling effects of the wind. (10) Provision for structural shading (e.g. , trellises, awnings, and roof overhangs) wherever practical when natural shading cannot be used effectively. (11) Inclusion of porch/patio areas in residential units. (12) Selection of native plants, trees, and other -6- • 00065 . FEBRUARY 13, 1990 vegetation and landscape design features that reduce requirements % • for water, fertilizer, maintenance, and other needs. e. The applicant shall not impose deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g. , building orientation and solar water • heating systems) . f. Water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch) as specified in the Water Conservation Act, Chapter 553.14, Florida Statutes, shall be utilized within the project. • 3. HURRICANE EVACUATION: a. Regency Village DRI is located outside of the • hurricane vulnerability zone (Category 1-3) and requires no evacuation or sheltering provisions. The hotel/motel will provide a regional benefit through the availability of paid shelter space. • b. The potential for the use of common areas within the • commercial/office buildings for hurricane evacuation for the project's employees has been discussed with and agreed to by the County Emergency Management Director. The use of the commercial/office space for sheltering is considered an additional regional benefit. • 4. TRANSPORTATION: a. The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the Regency Village DRI. The applicant shall be • required to pay the full cost for any site-related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes) found to be necessary by Collier County for the project's access intersection onto Immokalee Road (CR 846) . b. The project shall be subject to the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management Plan. The County has considered the regional roadway segments and regional roadway intersections projected by the -7- 00066 ste d• FEBRUARY 13, 1990 SWFRPC to be significantly impacted by the project, and has made the decision that to require compliance with the CMS is the appropriate way to accommodate the impacts of this project and to assure that transportation facilities are provided concurrently with the impacts of this project. c. Collier County and the applicant may consider options to provide adequate commitments for needed improvements to transportation facilities significantly impacted by this project, • provided that the options meet the following criteria. The .• transportation impacts to the roads and intersections significantly impacted shall be appropriately addressed consistent • with Southwest Florida Regional Planning Council policies, and the determination of proportional share, pipelining, or other • mitigative measures shall be in accordance with Section 163.3220 - 163.3243, Florida Statutes, which authorizes Local Government Development Agreements and requires consistency with the Growth Management Plan. d. Interconnection between Regency Village and adjacent subdivisions shall be encouraged. e. If Piper Boulevard is extended as a frontage road from Livingston Road to the property boundary of Regency Village, an interconnection to Regency Village will be reviewed by the applicant and by the County Department of Transportation at that • time. If the County deems the interconnection is appropriate, the developer shall provide for the interconnection. • f. On CR-846 west of I-75, a one-mile spacing for major roadway intersections will be implemented for the probable • build-out condition of six thru lanes. During two lane conditions and four-lane conditions, a major "access" intersection will be allowed at an approximate one-quarter mile spacing with the following conditions/constraints: 1. At the time of warrants being met for signal systems, the signal system shall be installed at the developer's fair share expense, shall be coordinated with the signal system(s) at I-75 and Livingston Road, and shall be operated in such a -8- 0000.7 a-"4, FEBRUARY 13, 1990 • fashion so as to minimize thru movement delays ("access" intersection cycle dependent upon completion of thru movement cycles) . 2. At the time of CR-846 six-laving, the County retains the option of signal system removal along with median opening removal at the one-quarter mile intersection spacing location. r 3. At the time after permitting median openings/installation of signal systems, the County retains the option to remove median opening and/or signal system at the one-quarter mile intersection spacing location should either or both traffic accident data and thru lane capacity data indicate a need based on criteria set forth in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) , FDOT policy, and/or County policy. 5. VEGETATION AND WILDLIFE/WETLANDS: a. The permit application to the SFWMD shall include detailed plans and appropriate documentation which delineates: buffer areas adjacent to the wetlands identified for preservation, the extent of encroachment into the wetlands, verification that the proposed control elevations will maintain adequate wetland hydroperiods, acreage figures and cross-sections for all mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetland mitigation ratios and which includes a wetland monitoring and maintenance program. b. Upland preservation additions to the wetland conservation areas on the proposed adjacent golf course areas shall be illustrated on the site development plan for each phase prior to approval of that phase by Collier County. c. The golf course shall be specifically designed to provide maximum tree preservation via a forested corridor that will maintain foraging habitat for Big Cypress Fox Squirrels. d. The existing rock quarry shall be modified to provide a more natural shoreline with littoral zone and connection to the two adjacent cypress areas. -9- 00068 jQA-ve, - // FEBRUARY 13, 1990 e. The proposed hydroperiods and seasonal water elevations shall be designed to be as close to eleven (11) inches above the wetland surfaces in the rainy August-September period as practicable. f'`' f. Machine clearing shall be performed in areas : • dominated by exotics while hand clearing will be used in the , balance of wetland and conservation areas. ' • g. .7 acres of lake littoral zones shall be created. ' h. The threatened pine pink ground orchid shall be transplanted to suitable areas such as low golf course rough or �` water management swales if it is encountered prior to construction. 4. i. Pines and other trees, as well as understory plants, will be maintained in conservation areas; in all areas of the golf course, consistent with good golf course design, excluding the fairways; and in yards and green spaces. Habitat pods for the Big Cypress Fox Squirrel shall be located periodically (randomly) ' • throughout the project. 6. WATER SUPPLY: . a. All construction plans, technical specifications, and proposed plats, if applicable, for the proposed water • distribution system, and any possible on-site water treatment system, shall be reviewed and approved by Collier County Utilities prior to commencement of construction. b. Should Collier County not be in a position to supply ' potable water to meet the consumptive demand of this project, the • Developer or his successors at his expense, will install and operate interim water supply and on-site treatment facilities • adequate to meet all requirements of the appropriate regulatory • agencies. q c. At such time as the County's off-site facilities are available, in accordance with County ordinances and/or State 1 ' Statutes, the Developer, his assigns or successors, shall abandon, ' dismantle and remove from the site, the on-site water treatment • facility, and will discontinue use of the on-site water supply, at ;; -10- f- t .-4P11.14' `' is-: FEBRUARY 13, 1990 4. expense to the County. •. d. Connection to the County's off-site water facilities w shall be made by the owners, their assigns or successors, at no • cost to the County, within 90 days after such facilities become available, in accordance with County ordinances and/or State • Statutes. e. At such time as off-site County water facilities are available for the project to connect with, all potable water • facilities described in the July 19, 1985 Memorandum (Appendix I of the ADA) will be conveyed to the County pursuant to appropriate • County ordinances and Regulations in effect at the time. 1' f. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the project area. g. The developer, his assigns or successors, shall be • bound by all other County potable water requirements, as contained in the July 19, 1985 County Memorandum (Appendix I of the ADA) . h. As the South Florida Water Management District has advised the applicant that the Lower Tamiami Aquifer might not be available, as a supplemental irrigation source, at the time of permit application, the applicant shall investigate the possibility of using other aquifers, or other water sources • entirely. i. Prior to the permitting of any additional withdrawals from the Lower Tamiami Aquifer, the applicant will be required to provide documentation to the District that saline water intrusion, unacceptable low water levels, and/or adverse impacts on either on-site/adjacent wetland areas or existing users will not occur as a result of any proposed withdrawals. j. For the purpose of potable water conservation, Regency Village of Naples will utilize low water use plumbing • fixtures, self-closing and/or metered water faucets, and other water-conserving devices. r S' -11- S{. r_ Q 34z - /9. /3 00070 FEBRUARY 13, 1990 k. For the purposes of non-potable water conservation, Regency Village at Naples will utilize xeriscape principles in the • design and maintenance of the project's landscaping. 1. Prior to the permitting of withdrawals from project lakes or interconnected lake systems which have wetland areas adjacent to them, documentation must be provided to the South Florida Water Management District which demonstrates that the wetland hydroperiod will be maintained. m. The applicant may withdraw water from isolated lakes or lake systems only if documentation is provided to the District that indicates that on-site and off-site wetlands will not be adversely impacted by such withdrawals. n. Private wells for multi-family irrigation systems shall not be promoted by the applicant. Permitting of such activities is at the discretion of the South Florida Water Management District and appropriate local agencies. In view of the condition of the Lower Tamiami Aquifer, the applicant is strongly encouraged to find other irrigation sources for • residential areas. • o. As lakes on the project are to be used for irrigation purposes, an impermeable barrier of clay or muck shall be placed between wetlands and lakes wherever water elevations in the lakes are set below seasonal high water elevations. p. On-site wetlands and lakes shall be buffered from • t possible contamination from spray effluent used for irrigation purposes. q. The lowest quality of water possible shall be utilized for all non-potable water use. r. All commitments made by the applicant, within the ADA related to Question 23 and subsequent sufficiency rounds, not in conflict with the above recommendations shall be incorporated as conditions for approval. • 7. CONSISTENCY WITH THE LOCAL GROWTH MANAGEMENT PLAN: } a. The DRI's land uses are consistent with the local government growth management plan. -12- 00071 FEBRUARY 13, 1990 8. GENERAL CONSIDERATIONS: a. The development phasing schedule presented within the ADA and as adjusted to the effective date of development order approval is incorporated as a condition of approval. This phasing schedule supercedes that schedule contained in Ordinance 85-61, Regency Village of Naples PUD. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated, then this shall be presumed to be a substantial deviation for the affected regional issue. b. If during the course of monitoring the development, the local government can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts above the thresholds for a substantial deviation found in Section ' • 380.06(19) , Florida Statutes, then a substantial deviation shall be deemed to have occurred. c. Pursuant to Chapter 380.06(16) , the applicant shall receive credit for contributions, construction, expansion, or acquisition of public facilities if the developer is also subject • by local ordinances to impact fees or exactions to meet the same needs. d. Except as provided herein or in Ordinance 85-61, the development shall comply with the Growth Management Plan (including the Concurrency Management System) and all applicable County regulations, unless specifically waived or modified by action of Collier County. e. The development shall comply with Ordinance 76-6, • Article IX, Section 3 as amended, which requires the submission, review and approval of a Subdivision Master Plan. 9. P.U.D. DOCUMENT: a. The approved Regency Village of Naples PUD document -13- 00072 is FEBRUARY 13, 1990 and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", • attached hereto. • BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. 2. All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted by this Development Order by reference. 3. This Development Order shall remain in effect for ten (10) years from the date of commencement of physical development. However, physical development shall commence within two (2) years of the issuance of a Final Site Development Plan or Subdivision Master Plan (whichever is applicable) ; and in the event substantial physical development has not commenced within five (5) years of the adoption of this Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water • lines. This time period may be extended by the Board of County • Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of • development. 4. Pursuant to Section 380.06 (15) (c)3, Florida Statutes, this project is exempt from down-zoning or intensity or density reduction for a period of seven (7) years from the date of adoption of the Development Order, subject to the conditions and -14- 00073 • • 3I"- i9• /� FEBRUARY 13, 1990 limitations of said Section of the Florida Statutes, provided that physical development commences within five (5) years as provided in Section 3 hereof. 5. The applicant or its successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(7) , Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC Failure to submit the annual report shall be governed by Subsection 380.06 (18) , Florida Statutes. 6. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida §tatutes. unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms or conditions • of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of additional regional impacts or other types of regional impacts which were not previously reviewed by the Southwest Florida • Regional Planning Council; or b. An expiration of the period of effectiveness of this • development order as provided herein. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County may take any action authorized by Chapter V 380.06(19) , Florida Statutes, pending issuance of an amended development order. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state -15- 00074 • or federal permitting FEBRUARY 13, 1990 • • p g procedures. 8. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 9. This Order shall be binding upon the Developer, its assignees or successors in interest. 10. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. • 11. 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 effect the remaining portions of this Order which shall remain in full force and effect. • 12. This Development Order shall become effective as • provided by law. 13. Copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Section 380.06(25) (g) , Florida Statutes. DULY PASSED AND ADOPTED THIS /3/C DAY OF , 1990. BOARD OF COUNTY COMMISSIONERS �• ;! COLLIER .'• TY, F •RID ATTEST: .rn BY: 40V Afr 4AmES C. GILES,.CLERK V . HA SE, J' . , .14 • APPRO ED AS TO FORM AND LEGAL SUFFICIENCY: i MARJQRIE M. STUDENT ASSISTANT COUNTY ATTORNEY REGENCY VILLAGE DEVELOPMENT ORDER and 00075 -16- ..670-0,e. 3 - r