Resolution 2002-311
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RESOLUTION NO.2002-2ll.
A RESOLUTION OF COLLIER COUNTY GIVING PRIORITY TO THE
ACQUISITION OF ADDITIONAL RIGIIT OF WAY ALONG THE "951
CORRIDOR."
WHEREAS, County Road 951, [hereinafter the "951 Corridor"], is an essential
hurricane and emergency evacuation route, serving primarily Marco Island and East
Naples; and
WHEREAS, due to the tremendous increase in Collier County's population there is
an obvious need for collector and arterial roadways to keep pace with these population
increases; and
WHEREAS, the "951 Corridor" is one of only two road rights-of-way which have
been designated by the Collier County Board of Commissioners as Controlled Access
Corridors; and
WHEREAS, the entire length of the "951 Corridor" is an important existing or
contemplated arterial road and is defined as beginning at U. S. Highway 41 North to
Immokalee Road.
WHEREAS, Collier County is in the process of acquiring additional rights-of-way
along this corridor to meet the foregoing needs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Collier County Transportation Division and any other affected departments
shall take all steps necessary to acquire additional rights-of-way for the "951 Corridor,"
and whenever possible add such rights-of-way into the Five-Year Capital Improvement
Plan of the Transportation Element of the Collier County Growth Management Plan for the
purpose of constructing a six-lane arterial roadway.
2. The acquisition of additional rights-of-way for the "951 Conidor" shall be given
priority by the County so that a high capacity six-lane road may be constructed as soon as
practicable.
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3. The Transportation Administrator shall, as soon as practicable, establish priority for
acquisition of additional road rights-of-way in the "951 Corridor" consistent with the long-
range transportation planning goals of the Collier County Growth Management Plan.
4. Priority shall be given to County staff developing a method of acquiring additional
rights-of-way consistent with general law in order to expeditiously meet the need for
additional right-of-way that has been identified so as to construct a six-lane controlled
access roadway for the lowest cost possible in the "951 Corridor."
5. Pursuant to Collier County's grant of Police Power to regulate in the public's
interest and with knowledge of the need for future roadway improvements, Collier
County will require that new development, wherever feasible, reserve Two Hundred [200]
Feet of right of way along the entire length of the "951 Conidor" between U. S. Highway
41 North and Immokalee Road consistent with the two hundred [200] feet of right of way
previously purchased and conveyed by Collier County to the State of Florida Department
of Transportation.
6. All new and existing development along the "951 Conidor" shall provide for the
reservation of such land as may be needed to create a two hundred (200') foot of right of
way along the entire length of the "951 Conidor" from U.S. 41 to Immokalee Road or
provide alternative commitments that allow for the development of a high capacity six [6]-
lane road throughout the entire length of the proposed roadway. These alternative
commitments may include, but are not limited to methods such as acceptance of roadway
storm water on site or restriction of access, where the full two hundred (200') feet of right
of way cannot be provided or acquired. Such alternative commitments shall be
documented in an enforceable and executed Developer Agreement. Where the adjacent
canal is on the eastern side of the 951 right-of-way, the reservation of the two hundred
(200') feet along the western side of the canal will be considered as an alternative to the
costly relocation of the canal consistent with the policies stated herein.
7. Policy Objective 3 of Goal One the Transportation Element of the Collier County
Growth Management Plan ["Plan"] is furthered by the adoption of this Resolution and the
cited Plan provision is reaffirmed and by reference contained herein.
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8. All development orders, including site development plans, are required to be
consistent with this policy and provide for the transportation right of way along the 951
corridor as identified above.
9. All remedies of the property owner will be in conformity with the Collier County
Land Development Code and general law.
10. No land use activity may be permitted within the designated areas of right of way
that would impede future construction of the roadway.
11. Where appropriate, the County shall make an offer to purchase the reserved land
with cash or impact fee credits, or a combination of both, within ninety [90] days of the
property owner's application for subdivision final plat or final site development plan
approval. If no offer is made or if, after sixty[60]-days following said period, the property
owner has not accepted the County's offer, the property owner may petition the Board of
County Commissioners to: I). authorize condemnation proceedings to acquire the reserved
property; or 2). release the property from the reservation; or 3). grant other appropriate
relief. If after 30 days of filing the petition, the Board of County Commissioners fails to
either file condemnation proceedings or to release the property from the reservation, the
County shall be deemed to have made a final decision and the property owner may proceed
to file for inverse condemnation. At all times, the County shall continue with the normal
review and approval process for the property owner's final subdivision plat or final site
development plan. Nothing in this paragraph shall be construed as a waiver of or a consent
by the County regarding any defenses to any action that may be taken by the property
owner, including an inverse condemnation action. The intent is to grant finality to the
determination regarding the reservation.
12. It is not the intention of this Board that the Resolution for the proposed right of way
referenced herein result in the taking of any existing homes or any homes in which the
owner has possession of a Certificate of Occupancy as of the date of this Resolution. To
the extent such homes fall within the proposed 951 Conidor referred to herein, the Collier
County Transportation Administrator shall explore alternative ways of maintaining the
integrity of the roadway, such as having adjacent development accept storm water
retention, reduction of the medians, imposition of limited access onto the roadway or other
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reasonable means related to the restricted segment of the conidor to allow a reduction of
the median width to avoid any taking of existing homes.
This Resolution is adopted this~ day of ~
second and majority vote favoring same.
,2002 after motion,
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ATTEST: loC' . f...I'..."
DWI~I!, B'it~~: Clerk
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legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
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JAMM'N. COLETTA, CHAIRMAN
Date: (p - '-5" - 0 t)..
J:iVv-
c line Hubbard Robinson
ssistant County Attorney
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