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Resolution 2002-311 10E 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. IDE 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. 2 ~ 1 DE 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 3 IDE 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, .......".....\,\.\\, \ ATTEST: loC' . f...I'..." DWI~I!, B'it~~: Clerk ~-....,~~(\ ';~,<.:" ...' , \)1..:..- D~1ity 't,U;&' ". ,::.;~ ~ '.: : I . -:....; :. .:~~:; Da(~\.~<<"~":~ .:'; ~~~i"Ar.,';~'S A~~trlt~-~~d legal sufficiency: BOARD OF COUNTY COMMISSIONERS ::lDER~~ JAMM'N. COLETTA, CHAIRMAN Date: (p - '-5" - 0 t).. J:iVv- c line Hubbard Robinson ssistant County Attorney .-/ 4