CCPC Resolution 2020-01CCPC RESOLUTION NO. 20 — 01
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION RELATING TO PETITION NUMBER PDI-
PL20190000740 FOR AN INSUBSTANTIAL CHANGE TO
ORDINANCE NUMBER 01-68, THE FALLING WATERS
BEACH RESORT PLANNED UNIT DEVELOPMENT, TO
ALLOW RIGHT -OUT ONLY EGRESS ONTO U.S. 41, AND
TO ALLOW EMERGENCY ACCESS ONLY INGRESS
FROM U.S. 41, AND AMEND THE MASTER PLAN TO
REFLECT THESE CHANGES. THE SUBJECT PROPERTY
IS LOCATED AT THE INTERSECTION OF COLLIER
BOULEVARD (C.R. 951) AND U.S. 41, IN SECTION 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, the Collier County Planning Commission is authorized by the Board of
County Commissioners to grant insubstantial changes to PUD Ordinances in accordance with
Subsection 10.02.13.E.2 of the Land Development Code; and
WHEREAS, the Collier County Planning Commission, being the duly appointed planning
agency for the area hereby affected, has held a properly noticed public hearing and has considered
the advisability of the requested insubstantial change to allow right -out only egress onto U.S. 41
via Mondago Lane, and to allow emergency access only ingress from U.S. 41, as shown on the
revised Falling Waters Beach Resort Master Plan attached as Exhibit A, and subject to the
conditions of the revised Section 5.15 of the Falling Waters Beach Resort PUD, attached as
Exhibit B, for the property hereinafter described, and has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.02.13.E.2 of the Collier County Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Commission in public meeting assembled and the Commission having considered all matters
presented.
(20-CPS-01 967/1547594/1125
Falling Waters Beach Resort PUD
PDI-PL20190000740
6/ 15/20
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that:
Petition No. PDI-PL20190000740 filed by Patrick Vanasse, AICP, of RWA Inc., on behalf
of Falling Waters Beach Resort Master Association, Inc., with respect to the property described in
Ordinance No. 01-68, the Falling Waters Beach Resort Planned Unit Development, be and the
same is hereby approved to allow right -out only egress onto U.S. 41 via Mondago Lane, and to
allow emergency access only ingress from U.S. 41, as shown on the revised Falling Waters Beach
Resort PUD Master Plan attached as Exhibit A and subject to the conditions of the revised Section
15 of the Falling Waters Beach Resort PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote on the day
of , 2020.
ATTEST: COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
es French, Deputy Department Head
Growth Management Department
Appro d as to form and legality:
7ally shkar
Assistant County Attorney
Karen Homiak, ice Chair
Attachments: Exhibit A — Revised PUD Master Concept Plan
Exhibit B — PUD Section 5.15 Access to U.S. 41
[20-CPS-0 1967/1547594/1]25
Falling Waters Beach Resort PUD
PDI-PL20190000740
6/15/20 2
Exhibit A
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Exhibit B
5.15 ACCESS TO U.S.41
Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept Plan,
Exhibit "A", with the following conditions:
1) Left and right turn lanes shall be provided at the entrance if and when required by FDOT. The
entrance road intersection with U.S. 41 shall include arterial level street lighting at the time it is
constructed.
2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at
the entrance when deemed warranted by the County Engineer. The signal will be owned,
operated and maintained by Collier County.
3) These improvements are considered "site related" as defined in Collier County Ordinance No.
2001-13, and shall not be applied as credits toward any impact fees required by that Ordinance.
Road impact fees shall be in accordance with the fee schedule set forth in -Collier County
Consolidated Impact Fee Ordinance No. 2001-13.
4) Ingress from U.S. 41 shall be emergency access only.
5) Egress to U.S. 41 shall only allow a right -out turning movement.
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