Resolution 2000-026
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RESOLUTION NO. 2000--1.L
DEVELOPMENT ORDER NO. 2000- ~
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR
RONTO LIVINGSTON DRI LOCATED IN SECTIONS 7 AND 12.
TOWNSHIP 48 SOUTH, RAI':lGE 25 AND 26 EAST, COLLIER
COUNTY, FLORIDA:
WHEREAS, Ronto Uvingston, Incorporated (herein "Ronto") filed on July 12, 1999, with
the County of Collier an Application for Development Approval of a Development of Regional
Impact known as Ronto Uvingston DRI in accordance with Subsection 380.06(6), Florida
Statutes; and
WHEREAS, Ronto has obtained all necessary approvals from 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 goveming body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, E!2!i!;!J,
Statutes, 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, Florida Statutes have been
satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)
and held a public hearing on the ADA on December 16, 1999; and
WHEREAS, the Board of County Commissioners has passed Ordinance No. 200Q.{}.1,
on January 25,
, 2000, which rezoned the property to PUD; and
WHEREAS, the issuance of the Development Order pursuant to Chapter 380.06, ~
~, does not constitute a waiver of any powers or rights regarding the issuance of other
development pennils consistent herewith by the County or State; and
WHEREAS, on J an . 25 , 2000, the Board of County Commissioners, at an open
public hearing in accordance with Section 380.06. Florida Statutes, having considered the
application for development of regional impact submitted by Ronto; the report and
recommendations of the SWFRPC; the record of the documentary and oral evidence presented
to the Collier County Planning Commission; the report and recommendations of the Collier
County Planning Commission; the recommendations of Collier County Staff and Advisory
Boards; and the record made at said hearing, the Board of County Commissioners of Collier
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County makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
in Exhibit "A".
2.
3.
The real property which is the subject of the ADA is legally described as set forth
The application is consistent with Subsection 380.06(6), Flodda Statutes, (1997).
The Developer submitted to the County an ADA and sufficient responses, hereby
referred to as composite Exhibit "B", which by reference hereto are made a part hereof to the
extent that they are not inconsistent with the terms and conditions of this Order.
4. The Developer proposes the development of Ronto Livingston DRI consisting
of 463 acres, which includes: 1,380 residential units which will include a maximum of 344 single
family units and 1,036 multi-family units; and recreational uses including a golf course.
5. The Development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The Development shall not interfere with the achievement of the objectives of
the adopted state land development plan applicable to the area.
7. A comprehensive review of the impact generated by the Development has been
conducted by the appropriate County departments and agencies and the SWFRPC.
8. The Development is not in an area designated an as Area of Cdtical State
Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amended.
9. The Development is consistent with the current land development regulations
and the Growth Management Plan of Collier County, as amended.
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 on this, the 25th day
of Janua~j, 2000, that the Ronto Livingston Community Application for Development Approval
submitted by Ronto is hereby ordered approved, subject to the following conditions:
1. ENERGY
The Ronto Livingston Community Development of Regional Impact shall
incorporate the following energy conservation features.
A.
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Provision of a bicycle/pedestrian system connecting land uses to he
placed along one side of the collector road within the Project. This
system is to be consistent with Collier County requirements.
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B. Provision of bicycle racks or storage facilities in recreational, commercial
and multi-family residential areas.
C. Cooperation in the locating of bus stops, shelters, and other passenger
system accommodations for a transit system to serve the Project area.
D. Prohibition of deed restrictions or covenants that would prevent or
unnecessarily hamper energy conservation efforts.
E. Reduction of coverage by asphalt, concrete, rock and similar substances
in streets, parking lots and other areas to reduce local air temperatures
and reflected light and heat.
F. Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other intedor and extedor public areas.
G. Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs.
H. Planting of native shade trees to provide reasonable shade for recreation
areas, streets and parking areas.
I. Placement of trees to provide needed shade in the warmer months while
not overly reducing the benefits of sunlight in the cooler months.
J. Use of energy efficient building features.
K. Orientation of structures, as possible, to reduce solar heat gained by
wells and to utilize the natural cooling effects of the wind.
L. Provision for structural shading wherever practical when natural shading
cannot be used effectively.
M. Consideration of any project-established architectural review
committee(s) of energy conservation methods (both those noted above
and others) to assist builders and residents in their efforts to achieve
greater energy efficiency in the Development.
STORMWATER MANAGEMENT
A. The Ronto Livingston Development shall obtain a South Florida Water
Management District Environmental Resource Permit, for conceptual
approval of the proposed Development, for construction and operation
of the proposed surface water management system, and for proposed
impacts to onsite wetlands and other surface waters.
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The Ronto Livingston Development shall obtain a South Florida Water
Management District Water Use Permit, for the proposed surface and/or
groundwater withdrawals for landscape irrigation, and for certain
dewatering activities proposed for the construction of project lakes
and/or road or building foundations.
The Developer shall obtain approval from the Florida Department of
Transportation (FDOT) prior to discharging from the surface water
management system into the 1-75 drainage swale.
As part of the Environmental Resource Permit (ERP) review process, the
Developer shall be required to submit revised stormwater routings that
incorporate onsite natural features into the master stormwater
management system.
As part of the ERP review process, the Developer shall have to provide
verification that the 1-75 swale has adequate capacity to convey runoff
from the Ronto Livingston Development in addition to runoff from 1-75.
If the swale is found not to possess adequate capacity, the Developer
shall be required to cooperate with the District and FDOT in redesigning
the swale to provide the needed capacity.
As part of the ERP review process, the Developer shall be required to
incorporate best management practices to be utilized within the
stormwater management system, for the containment of potential
hazardous material spills within the golf course and/or onsite chemical
storage facilities.
During construction activities, the Developer shall use best management
practices for erosion and sedimentation control. These practices shall
be included with, or presented on, all construction plans, and shall be
subject to approval by the appropriate agencies prior to their
implementation.
Any construction silt barriers or hay bales, and any anchor soil, as well
as accumulated silt, shall be removed upon completion of stabilization.
Either the Developer, or the entities responsible for the specific
construction activities requiring these measures, shall assume
responsibility for having them removed upon completion of stabilization.
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The final stormwater management plan shall consider, as applicable,
measures to reduce runoff rates and volumes, including, but not limited
to, fixed control structures, perforated pipes, and grass swale
conveyances. Swales shall be used, whenever possible, rather than
closed systems.
Any shoreline banks created along the onsite stormwater management
system shall include littoral zones constructed on slopes consistent with
South Florida Water Management Distdct (SFWMD) and Collier County
requirements and shall be planted in native emergent and submergent
aquatic vegetation. The Developer shall ensure, by supplemental
replanting if necessary, that at least 80% cover by native aquatic
vegetation is established within the littoral zone for the duration of the
project.
The Developer shall conduct annual inspections of the Ronto Livingston
Master Stormwater Management System and the preserved/enhanced
wetland areas on the Project site so as to ensure that these areas are
maintained in keeping with the final approved designs, and that the
water management system is capable of accomplishing the level of
stormwater storage and treatment for which it was intended.
The Developer shall confirm, to the satisfaction of all applicable, federal,
state and local review agencies, and the South Florida Water
Mana~ment Dist~t that the proposed stormwater management system
shall not adversely impact habitats of any state or federally listed plant
and/or animal species potentially occurring onsite, or that such impacts
shall be mitigated to the benefit of onsite populations of those species.
Ditch and swale slopes shall be reviewed and approved by Southwest
Florida Water Management District (SFWMD), and shall be designed to
minimize discharges so that these facilities may provide some additional
water quality treatment prior to discharge. Treatment swales shall be
planted with grass or other appropriate vegetation.
The grassed stormwater treatment areas shall be mowed on a regular
basis as part of the normal lawn maintenance of the Development. Any
debris that may accumulate in project lakes, ditches or swales, or which
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may interfere with the normal flow of water through discharge structures
and underdrain systems, shall be cleaned from the detention/retention
areas on a regular basis. Any erosion to banks shall be replaced
immediately.
O. Underdrain systems and grease baffles, if utilized within the Ronto
Livingston DRI, shall be inspected and cleaned and/or repaired on a
regular basis. In no instance shall the period between such inspections
exceed eighteen months.
P. Stormwater management system maintenance requirements shall
include removal of any mosquito-productive nuisance plant species (e.g.
water lettuce, water hyacinth, cattails and primrose willows) from all
system nodes, reaches, and percolation basins, as well as from the lake
littoral zones employed in the system.
Q. To the extent consistent with applicable stormwater management system
and environmental regulations, any isolated wading bird pools
constructed in lake littoral zones shall be excavated to a depth that
provides aquatic habitat for mosquito larvae predators, such as
Gambusia affinis.
R. All commitments and mitigating action volunteered by the Developer in
the ADA and sufficiency information related to the general project
description, water, soils, floodplains, and stormwater management and
not in conflict with the above recommendations or the requirements of
local, state, and federal permits authorizing the Development and
incorporated by reference into this Development Order are binding on
the Development.
TRANSPORTATION
A. The Developer, its successors or assigns shall be fully responsible for
site-related roadway and intersection improvements required within the
Project. The Developer shall be required to pay its proportionate share
of the cost of any intersection improvements (including but not limited to
signalization and turn lanes) found necessary by Collier County for the
Project's access intersections onto Livingston Road (both North-South
and East-West). To the best ability of the Developer, the site access
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points shall be located and developed consistent with Collier County's
Access Management standards and permit requirements, unless
otherwise approved by Collier County.
The following roadways and intersections are projected to be
significantly impacted by the Ronto Livingston Development (5% of LOS
D, peak season peak hour) and are forecasted to fall below the adopted
level of service standards prior to project build-out.
(i) ROADWAYS
1. Bonita Beach Road from Old 41 to Imperial Street
(ii). INTERSECTIONS
Bonita Beach Road/Old 41
Bonita Beach Road/Imperial Street
Livingston Road (North-South)/Ronto Livingston
Entrance
Livingston Road (East-West)/Ronto Livingston Entrance
(iii). In addition to the above-listed road segments and intersections,
the Ronto Livingston Development may have a significant impact
on the following road segments and intersections prior to project
buildout:
1. Livingston Road from Immokalee Road to Bonita Beach
Road
2. Livingston Road (North-South)/Immokalee Road
3. Airport Road/Immokalee Road
C. Based on the transportation assessment of significant project impacts,
construction of the following transportation improvements or acceptable
substitutes or alternatives shall be needed coincident with development
of the Ronto Livingston Development DRI if adopted level of service
conditions are to be maintained through buildout (2007) on significantly
impacted regional road segments and intersections.
B~ildout (2007)
Bonita Beach Road from Old 41 to Imperial Street
Bonita Beach Road / Old 41 Total of 3 through lanes in each direction
Total of 2 westbound right turn lanes
Signal retiming
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Bonita Beach Road I Imperial Street
Immokaiee Road / Livingston Road
Livingston Road (N-S)lDevelopment Entrance
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Total of 3 through lanes in each direction
I northbound left turn lane
1 northbound thru lane
1 northbound dght turn lane
Signal retiming
1 southbound left turn lan®
1 southbound thru lane
I southbound right turn lane
Signal retiming
Add North-South turn lanes
The Developer shall mitigate its impacts on the regional and local
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roadway and intersections identified herein as follows:
(i).
The Developer shall make the site related improvements
specified in Paragraph A hereof.
(ii). The Developer shall pay its proportionate share of intersection
improvements at its access points to public roadways specified
in Paragraph A hereof.
(iii). The Developer shall be subject to all lawfully adopted
transportation impact fees.
(iv). The Developer shall be subject to the Concurrency
Management System of the County as set forth herein.
The County roadway segments and intersections on which this Project
has significant impacts are within the jurisdiction of Collier County for
purposes of concurrency management. The County has considered
regional roadway segments and regional roadway intersections set forth
as follows:
(i). Livingston Road from Immokalee Road to Bonita Beach Road
(ii). Livingston Road/Immokalee Road intersection
(iii). Livingston Road/Project Access intersections
The County has determined the Project is subject to and shall comply
with the Concurrency Management System (CMS) of Collier County as
adopted in its Growth Management Plan, and implemented by the Land
Development Code (LDC), Section 3.15., ADEQUATE PUBLIC
FACILITIES. After due consideration of the alternatives, the County has
determined that compliance with concurrency as mandated by the CMS,
in addition to the other mitigations required in this Section is the
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appropriate way to address the impacts of this Project and to ensure
that transportation facilities are provided concurrently with the
transportation impacts of this Project.
LDC, Section 3.15.6.2 requires the Community Development and
Environmental Services Division Administrator to complete an Annual
Update and Inventory Report (AUIR) on or about December 1 of each
year on roads and public facilities based on the adopted level of
service. The Developer shall provide within thirty (30) days of
publication each year a copy of said AUIR on the regional facilities set
forth in Paragraph E hereof to the Southwest Fiodda Regional Planning
Council and the Flodda Department of Community Affairs (DCA).
The Board of County Commissioners is required by the LDC, Section
3.15 to establish Areas of Significant Influence (ASI) around any
deficient or potentially deficient road segment (except where such
potenti~dly def'~.,ient road segment is projected not to exceed its adopted
LOS within the first three years of the five-year schedule of capital
improvements in the CIE update and amendment proposed for
transmittal on or about October 1, and the estimated annual residual
capacity tdps that would be allocated to those developers for
certificates of public facility adequacy within the ASI encompassing
such potentially deficient road segment dudng the next year does not
exceed the remaining trip capacity). The Developer shall notify
SWFRPC and DCA within five (5) working days after receipt of notice
of a public headng to determine the boundaries of any ASI on any
facilities listed in Paragraph E hereof.
If any of the road segments identified in Paragraph E become deficient,
the County shall establish an Area of Significant Influence around such
segment-pursuant to criteda set forth in LDC, Section 3.15.
In addition to the provisions of LDC, Section 3.15, for purposes of this
Development Order, the DRI shall be deemed to have a significant
impact upon a deficient road segment if its traffic impacts exceed five
percent (5%) of LOS D, peak hour-peak season, capacity of the
roadway.
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Collier County and the Developer may consider other options to provide
adequate commitments for needed improvements to transportation
facilities set forth in Paragraph E hereof, provided that said options
meet the following criteria:
(i). The transportation impacts to the roads and intersections
outlined herein shall be addressed consistent with Sections
163.3220-163.3243, Florida Statues which authorize local
government development agreements or the Florida
Administrative Code, Rule 9J-2, Transportation Policy Rule.
(ii). Any such option would be implemented only after a Notice of
Change procedure.
The Developer, it successors or assigns, shall submit an annual traffic
monitoring report to the following entities: Collier County, Lee County,
Florida Department of Transportation (FDOT), Flodda Department of
Community Affairs (FDCA), and the Southwest Florida Regional
Planning Council (SWFRPC). The first traffic monitoring report shall be
submitted one year after the date of the issuance of this DRI
Development Order. Reports must be submitted annually thereafter
until buildout of the project. The annual traffic monitoring report shall
contain the following information:
(i). A summary of construction and development activities to date,
in the DRI threshold categories of development.
(ii). PM peak hour trip generation estimates and turning movement
counts at all site accesses and the intersections noted in
Paragraph B and a comparison of the Project's measured tdp
generation to the Project's tdp generation assumed in the DRI
analysis.
(iii). A summary of the status of road improvements assumed to be
Roadway Segment
Bonita Beach Rd from Imperial St to 1-75
Livingston Rd from Bonita Beach Rd to
Immokalee Rd
committed in the ADA, including the following.
!..mprovement
Widen to 6 lanes
Year
FY 01/02'
Construct 2 lanes FY 00/01
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Immokalee Rd from 1-75 to CR951
Immokalee Rd. from US 41 to Airport Rd.
Airport Rd from Vanderbilt Beach Rd to
Pine Ridge Rd
US 41 from CR 887 to Immokalee Rd
US 41 from Immokalee Rd to Myrtle Rd
US 41 from Lee County to CR 887
o
Widen to 4 lanes
Widen to 6 lanes
FY 99/00
FY 2001
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes
Widen to 6 lanes
FY 2001
FY 99/00
FY gg/00
FY 2003
*Note: This expansion timing may change due to the fact that Bonita
Springs became a city on January 1, 2000.
The above traff'~ rnonitodng report, in combination with the Annual Update and
Inventory Report (AUIR) referenced in Paragraph F above, represents the traffic
monitoring requirements of the Ronto Livingston Development.
VEGETATION AND WILDLIFE
A. The Developer shall comply with the requirements for wetlands
protection, mitigation, maintenance, and monitoring set forth in the
South Flodda Water Management District Environmental Resource
Permit Basis of Review in order to obtain an Environmental Resource
Permit.
B. The Ronto Livingston DRI property may be suitable habitat for the
federally protected Eastern Indigo Snake (Drymarchon corais couperi).
The Developer shall follow the United States Fish and Wildlife Service's
Standard Protection Measures for the Eastern Indigo Snake and shall
prepare an Eastern Indigo Snake Protection Plan. The Plan must be
approved by the United States Fish and Wildlife Service and shall
include: (1) a protection/education plan; (2) a listing of environmental
personnel charged with overseeing/coordinating protection measures,
and (3) selection of a suitable relocation site prior to the initiation of
cleadng or construction activities. Only an individual who has been
previously qualified under a United States Fish and Wildlife Service
Endangered Species Act, Section 10(a)(1)(A) permit, or who has been
appropriately authorized by the Florida Fish and Wildlife Conservation
Commission shall be permitted to come into contact with or relocate an
Eastern Indigo Snake.
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recommendations, shall be incorporated into
Development Order as conditions for approval.
WASTEWATER MANAGEMENT/WATER SUPPLY
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A minimum of 44.96 acres of wetland and upland preserve/enhancment
areas shall remain under conservation easement post-development.
Native landscaping shall be used to the greatest practical extent. In
addition, the Ronto Livingston DRI shall meet the Collier County Land
Development Code cdteria which requires that 75% of the required
trees and 50% of the required shrubs to be native plants.
Impacts to any gopher tortoise burrows shall be handled though the
Florida Fish and Wildlife Conservation Commission Take and/or
Relocation Permit process.
All commitments made by the applicant within the ADA, and
subsequent sufficiency round information, related to Question 10
(General Project Description), Question 12 (Vegetation & Wildlife) and
Question 13 (Wetlands), and not in conflict with the previous
the Collier County
The Developer shall comply with the South Florida Water Management
District's permit requirements for all proposed uses of water for
irrigation, construction, and dewatering activities associated with
landscaping and the construction of lakes, roads, and building
foundations.
The Project shall utilize ultra-low volume water use plumbing fixtures,
self-closing and/or metered water faucets. The devices and methods
shall meet the cdteda outlined in the water conservation plan of the
public water supply permit issued to the Collier County Utilities Division
by the South Florida Water Management District.
The Project shall obtain potable water, wastewater treatment and,
eventually non-potable water, from the Collier County Utilities Division,
if the Collier County Utilities Division determines that it has sufficient
capacity to serve the Project. If the Collier County Utilities Division
determines that it does not have suff'~ient capacity to serve the Project,
the Developer shall either construct interim potable water, wastewater
treatment, and/or non-potable water facilities, or shall postpone
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development until such time as the Collier County Utilities Division
capacity is available to the Project. Any interim facilities constructed by
the Developer shall be constructed to the Collier County Utilities
Division standards and shall be dismantled, at the Developer's
expense, upon connection to the Collier County Utilities Division
facilities. Whether potable water, wastewater treatment and/or non-
potable water facilities are provided onsite or offsite, the Developer
shall demonstrate to Collier County that adequate capacity is available
at the time of final plan submittal.
The irrigation system for the Ronto Livingston DRI shall be constructed
in such manner as to enable the system to accept treated effluent at
such time as a reuse source is available to the Development.
At such time as the DRI prepares to convert from a lake/groundwater
irrigation system to one which uses treated effluent for irrigation, the
Developer shall insure that any onsite lakes, preserved or created
wetlands and the stormwater management system are adequately
buffered from possible effluent contamination consistent with SFWMD
regulations.
Temporary septic systems may be utilized in conjunction with
construction and sales off'~,es and model homes. Septic systems shall
not be allowed onsite, other than for construction and sales offices and
model homes and permanent septic systems may be used for
restrooms and halfway houses on the golf course. All temporary septic
systems shall be properly abandoned and/or removed by a licensed
septic tank system firm at the time when permanent or interim
wastewater treatment facilities come online.
All construction plans, technical specifications, and proposed plats, as
applicable, for the proposed water distribution and wastewater
collection systems, and any possible onsite treatment facilities, shall be
reviewed and approved by the Collier County Utilities Division pdor to
the commencement of construction.
All potable water facilities, including any possible onsite potable water
treatment plant, shall be properly sized to supply average and peak day
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domestic demand, in addition to fire flow demand, at a rate approved
by the North Naples Fire Control and Rescue District.
I. The lowest quality of water available and acceptable shall be utilized for
all non-potable water uses.
EDUCATION
A. The Developer shall be subject to ail lawfully adopted school impact
fees.
POLICE AND FIRE PROTECTION
A. Fire protection shall be provided according to existing standards or fire
flow criteria promulgated by Collier County or recommended guidelines
developed by the National Fire Protection Association.
B. Facilities qualifying under the Superfund Amendments Reauthorization
Act (SARA) Title III of 1986, and the Florida Hazardous Materials
Emergency Response and Community Right to Know Act of 1988, shall
comply with all applicable hazardous materials reporting requirements
under these Acts.
C. The future Development shall pay ad valorem taxes that adequately
address the needs of the Sheriff and Police Departments. Fire services
shall be addressed by lawfully adopted impact fees and assessments.
SOLID/HAZARDOUS/MEDICAL WASTE
A. The Development is bound by ail applicable recycling requirements in
effect in Collier County.
B. Any buildings where hazardous materials or wastes are to be used,
displayed, handled, generated or stored should be constructed with
impervious floors, with adequate floor drains leading to separate
impervious holding facilities that are sufficient to contain and safely
facilitate cleanups of any spill, leakage or contaminated water.
Discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by a permit issued by the Florida
Department of Environmental Protection.
The Developer is willing to explore the possibility of mulching trees and
brush for the purpose of retaining mulch to meet the onsite needs.
Co
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10.
E. All hazardous waste materials shall be disposed of in the manner
specified by local or State regulations or by the manufacturer. Site
personnel shall be instructed in these practices and the Project
Superintendent shall be responsible for seeing that these practices are
followed.
F. The Developer shall minimize the use of irrigation, fertilizers and
pesticides whenever practical to reduce the need and use of hazardous
chemicals at the site. The Developer shall store and use fertilizers in
accordance with the best management practices adopted for the
management of turfgrass and landscaping to minimize exposure to
stormwater. Storage of such chemicals shall be in tightly sealed
containers when not in use in an approved facility either onsite or offsite
at the discretion of the site superintendent.
CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN
A. Prior to any Development Order being issued, Collier County shall
determine if the Project is consistent with the Growth Management Plan
and whether the Project's phasing is consistent with the County's
Concurrency Management System.
GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions provided by the
Developer within the Application for Development Approval (and
supplementary documents) that are not in conflict with specific
conditions for project approval outlined above are officially adopted as
conditions for approval.
B. The Developer shall submit an annual report on the development of
regional impact to Collier County, the Southwest Flodda Regional
Planning Council, the Florida Department of Community Affairs and all
affected permit agencies as required in Subsection 380.06(18), Flodda
Statutes.
C. The development phasing schedule presented within the ADA and as
adjusted to date of Development Order approval shall be incorporated
as a condition of approval. If Development Order conditions and
Developer commitments incorporated within the Development Order,
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ADA or sufficiency round responses to mitigate regional impacts are not
carried out as indicated to the extent or in accord with the timing
schedules specified within the Development Order and this phasing
schedule, then this shall be presumed to be a substantial deviation for
the affected regional issue. This paragraph is not intended to preclude
the applicant from seeking a time extension in accordance with the
requirements of Section 380.06(19) Florida Statutes.
If the local government, during the course of monitoring the
Development, 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, then a substantial deviation shall be
deemed to have occurred. The monitoring checklist contained in
Appendix IV shall be used as a guide by the local government in
determining additional substantial regional impacts.
Pursuant to Chapter 380.06(16), Florida Statutes,, the Developer may
be subject to credit for contributions, construction, expansion, or
acquisition of public facilities, if the Developer is also subject by local
ordinances, impact fees or exactions to meet the same needs. The
local government and the Developer may enter into a capital
contribution front-ending agreement to reimburse the Developer for
voluntary contributions in excess of the fair share.
The local Development Order shall state the land uses approved in
gross square feet, acreages and parking (if applicable) consistent with
the statewide guidelines and standards in Chapter 380.0651, Florida
Statutes.
The Project must commence significant physical development within
two years from the date of approval.
The Project shall not be subject to down-zoning, unit density reduction,
or intensity reduction for a period of ten (10) years unless the local
government can establish that a substantial deviation has occurred or
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11.
there are substantial changes in conditions such that the public health,
safety and welfare requires such change.
PUD DOCUMENT
A. There is a PUD document (Ordinance No. 2000-_0.4_) approved by the
Board of County Commissioners on January 2 5, ,2000,
which also governs the Ronto Livingston Community. Ronto
acknowledges that the conditions and commitments of the PUD
document also govern the Development and use of the property within
the Ronto Livingston Community, even though the PUD document
(Ordinance No. 2000- 0 4 ) is specifically not made a part of this
Development Order.
BE IT FURTHER RESOLVED by the Board of County Commissioner of Collier County,
Florida, that:
1. The Development Services Director shall be the local official responsible for
assuring compliance with the Development Order,
2. This Development Order shall remain in effect for fifteen (15) years from the
date of adoption.
3. The definitions contained in Chapter 380, Florida Statutes, shall control the
interpretation and construction of any terms of this Development Order.
4. Pursuant to Subsection 380.06, Florida Statutes, this Project is exempt from
down-zoning or intensity or density reduction for a period of ten (10) years from the date of
adoption of the Development Order, subject to the conditions and limitations of said Subsection
of the Florida Statutes.
5. The Developer, 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 "[:)RI 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.
F:\WPDATA~M~ONTO~P. ON'I'ORE 8
25, 2000
Page 17 of 19
17A
6. Subsequent requests for development permits shall not require further review
pursuant to Section 380.06, Flodda Statute. s, unless it is found by the Board of County
Commissioners of Collier County, after due notice and headng, that one or more of the
following conditions is present.
A. A substantial deviation from the terms or conditions of this Development
Order, a substantial deviation to the project development phasing schedule, a failure to carry
out conditions, commitments or mitigation measures to the extent or in accord with the timing
schedules specified herein or in the phasing schedule in the ADA, 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
An expiration of the period of effectiveness of this Development Order
Bo
as provided herein.
C.
If the local government, during the course of monitoring the
Development, 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, then a substantial deviation shall be deemed to have occurred.
The monitoring checklist contained in Appendix III shall be used as a guide by the local
government in determining additional substantial regional impacts. The Board of County
Commissioners of Collier County may take any action authorized by Chapter 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 Developer to comply with all other applicable local,
state or federal permitting procedures.
8. It is ur,~lerstood 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.
9. Appropriate conditions and commitments contained herein may be assigned to
or assumed by the Ronto Livingston Master Association.
10. 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
F ;\WPDATA'c,'qM~ONTO~ONTOR.E S
~'~m7 2~, 2000
Page 1 g of 19
in no manner, affect the remaining portions of this Order which shall remain in full force and
effect.
11. This Order shall be binding upon the County and the Developer, their assignees
or successors in interest.
12. This Development Order shall become effective as provided by law.
13. The Clerk to the Board of County Commissioners shall provide certified copies
of this Order to the Department of Community Affairs and the Southwest Florida Regional
Planning Council as provided in Subsection 380.06(25)(g), Flodda Statutes.
Commissioner Mac ' Kie
its adoption, seconded by Commissioner
offered the foregoing Resolution and moved
Carter
and upon roll call the vote
was:
AYES:
NAYS:
Commissioner Mac'Kie, Commissioner Carter, Commissioner
Norris, Commissioner Berry, Chairman Constantine
None
ABSENT AND NOT VOTING: None
, DONE AND ORDERED this __~ day of
:: .";:;.:DW3G~HT-E. BROCK, CLERK'
slqnature 0n]y.
APPROVED AS'~O FORM AND
LEGAL SUFFICIENCY:
"-~oo .~z,,~ , 2000.
t
BOARD OF ~Yd/~'-COMMISSIO NERS
COLLIER C~.UNTY.,, FLORIDA
TIMOTHY..J~. CONSTAI~NE Chairman
MARJC~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
F:\WPDATAENMkRONTO~ONTORES
lanu~y :15, 2000
Page 19 of 19