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Resolution 1997-295 (D.O. 97-3) 12C 3 DEVELOPMENT ORDER 97- 3 R~SOLUTION NUMB~R 97- 295 A PF.SOLUTION AMF.NDItlG DF.V~LOPI~WT ORDER NUMBEP 90-1, AS AMENDED, FOR THE PELICAN STRAND DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO DEVELOPI1EIIT GPDER BO{ ADDING A SECTION ENTITLC:O SOLID vIASTE, HAZARDOUS WASTE, 11EDICAL WASTE; BY AMENDING THE TRANSPORTATION SECTION; AND RENUMBERING SUBSEQUENT SECTIONS; SECTION TlIO: FIllDINGS OF FACT; SECTION THREE: CONCLUSIon:; OF LJl..W; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDEP, TRA1IS1HTTAL TO DCA AND EFFECTIVE DATE. \'lHEREJi.S, the Board of County Commissioners of Collier COTlnty, Florida approved Development Order Number 90-1 as amended, (Resolutior Number 90- 67, as amended) (The Development Order) on February l~, 1990, which approved a De'velopment of Regional Impact (DRI) known as Regency Village of Naples which has been renamed Pelican Strand by a subsequent amending Development Order: and WHEREAS, the Board of County Commissioners approved Resolutions Numbered 90-505,95-457 and 96-484, which amended the Pelican Strand Development Order, on October 23, 1990, August 6, 1995 and October 22, 1996 respectively: and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit If A" to the Development Order; and WHEREAS, Pelican Strand Ltd. (hereafter "developer") submitted a Notice of Proposed Change for the Pelican Strand Development of Regional Impact, and petitioned the Board of County Commissioners of Collier County, Florida to further amend the Pelican Strand Development Order, Collier County Development Order 90-1, as pre'liously amended; and 1 Words underlined are additions; Words 9tn~e)i tRI'"SU3A are deletions. J.c.l. j 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 petition on July 3, 1997; and WHEREAS, the Board of County Commissioners of Collier County has reviewE:d and considered the reports of the SWFRPC and the Collier County Planning Com~ission a~d held a public hearing on the petition on July 22, 1997; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. The findings of Fact Section of Development Oreer 90-1, as amended (Resolution 90-67, as amended) is hereby amended to read as follows: FINDINGS OF FACT I" 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 Pelican Strand 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 Pelican Strand Planned Unit Development for 574.6 acres which includes: 30 acres of commercial uses to include a ~ 140 room motel, 10,000 80,000 square feet of office commercial, and 120,000 square feet of retail co:nmercial; ~ 1200 residential dwelling units on ~ 167.8 acres; an 18-hole golf course and buffers on ~ 203.3 acres; ~ 82.8 acres of conservation areas; 71.S 73.7 acres~lakes for water management; and ~ 26.3 acres of roads. 5. A Notification of Proposed Change to a Previously Approved Development of Regional Impact (DRI) was filed and processed as required by Subsection 380.06(19) Florida Statutes. 6. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 7. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11}, Florida Statutes. 2 Words underlined are additions; Words IJtl!"ISJ( thrs1.l3R are deletions. 12C 3 8. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County. 9. 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. 10. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 11. The development is consistent with the State Comprehensive Plan" B. The Conclusions of Law Section of Development Order 90-1, as amended (Resolution 90-~7, as amended), is hereby amended to add a paragraph entitled "Solid Waste, Hazardous Waste, Medical Wasteff to read as follows; 4. SOLID WASTE/HAZARDOUS WASTE/MEDICAL WASTE (Refer to Appendix II) 1. The applicant shall incorporate the solid waste demands of the project into the County solid waste manaqement proqram and exolore possibilities of extendirlg the life of the landfill by red~cinq the solid waste volume by employing practices such as conservation, recyclinq, trash compaction, and mechanical shreddinq. 2. The prolect shall be bound by all applicable recycling requirements in Collier County at the time of development. 3. Any business located within the Pelican Strand Development, which generates hazardous waste, shall be responsible for the temporary storaqe, siting and proper disposal of the hazardous waste generated by such businesses. However, there should be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. 4. Buildings where r.azardous material or wastes are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with adequate floor drains leadinq to separate impervious holding facilities which are adequate to contain and safely facilitate the cleanup of any spill, leakage, or contaminated water. 5. Generation and diSCharge of hazardous waste effluent into the sewage system shall be prohlblted unless approved by permit issued by the Florida Department of Environmental Protection. C. Paragraph 4, "Transportation", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 3 Words underlined are additions; Words et.Flielt tRFalol9'h are deletions. 4..,. 5. 12C 3 TR.~NS PORT A T ION a. The applicant or his successors shall be fully responsible fvr site-related roadway and intersection improvements required within the Pelican Strand 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 intersections onto lmmokalee Road (CR 846)~ and the future extension of Livinqston Road. The site access points shall be located and developed consistent with Collier County's access manaqement standards and permit rPGuirements. b. The Pelican Strand DRI shall be subject to the Collier C~unty Adequate Public Facilities Ordinance (Ordinance No. 90-24). The Collier County Adequate Public Fac~lities Ordinance ("APr" Ordinance) generally requires that by May 1 of each yea: an A~nual Update and Inventory Re~ort on public facilities (J..liIR), including roadways, be prepared and submitted to the County. The APF Ordinance requires the Board of County Co~~issioners to establish aleas of significant influence (ASI) around any road segmrmt or intersection which is deficient or is projected by the AUIR to become deficient and which is not scheduled for improvement in the Capital Improvement Element (CIE) of the comprehensive plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to said APF Ordinance. If any of the road segments identified in Paragraph." 1.13. (2) 5.b. (2) through (4) of this development order become deficient in the future, the County shall establish an area of significant influence (ASI) around such segment pursuant to the Collier County Adequate Public facilities Ordinance. Pursuant to the APF Ordinance, projects within the boundaries of an ASI which is drawn around a deficient road segment are unable to obtain further Certificates of Public facility Adequacy. Projects within the ASI drawn around a road segment which is projected to become deficient are unable to obtain Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity of those road segments. The standards to be utilized by Collier County in establishing the boundaries of the ASI's are set forth in Section 7.4.2 of the APF Ordinance. In addition to the provisions of the Collier County APF Ordinance, the Pelican Strand DRI shall be subject to the following conditions regarding the transportation impacts of the development: (1) The Pelican Strand Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 90-24 as that Ordinance existed on July 1, 1930. Any amendment to the transportation portion of that Ordinance by Collier County shall not be effective or applied to the Pelican Strand DRI unless ar.d until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. ~ Th: ef:ici3~ rcconmcr.s3tioDs :0 the rc~ert of th: re~t~ .cot rlori3a ne~ieflal PlaflfliA~ Coune!l Sfl the Pclic3A EtraA~ OnI idcAtificd t~e felle:.ifl~ re~isflally 4 Words underlined are additions; Words ctnJ.g]~ tRH1'l3R are deletions. 12C 3 5-i~!'\ific,Jnt rOJ6hay sc~mcnts aRB n:~ief1ally sit3'nifieaAt rOJ.EI'.t.J'y' iA':CE3CCtioA!3 tAat arc f3rejcctcd te be .ignificant1) impacted by the re1ie'R EtraAd DRI by the date sf its final Buila e~t. The rcgisAJ.lly oifJAific3Flt :-8J.Eh:ays .Jnd iAtC:-scctiGF'ls icicntificEi iA oJ.ici E=port J.re the fsll::.ing: lJ5--4-} ~liTlir.1 r398 ne,'3.i (':r\ 9S) to Immel:alcc [\8,:,\(3 ~r~~ (]~Sl Immel:a1ce Road (Cr. 816) ~s 11 to I 73 Airport Read (CR 31) Immel:01:: rood leR g4'i) to rin: Ridge Road :'::-'. ; 9€) I:-.t::rs__t ien3 .ffflr.:131:J]:c [1oJ.s rer. 31C) ,)t I 75 C.Jst and ',:C3t ~ ~~..::1.al::E: P.838 (CM 8161 te Li.in}8teR R.s.Jd Im.-..Jl:Z11cc Road (':P. 8161 at .1I.irpert read IC8 311 :..croJ.alcc Doas (ep 8161 J': Ces:llctte Reaa ;':r. 911) 1:1".J':'.31.,] 1:::: Pead (':[1 g 16) .:It US 41 ~ Adequate co~~itment~ to provide the necessary improveme~ts, includinq, but not limited to desiqn and enqineerinq, utility relocation, riqht-of-way acauisition, construction, construction contract ~nistration, and construction inspection necessary to maintain the adopted level of service for the follo~inq significantly impacted reqional roadway throuqh proiect build out in 2002. I;';'"Olckalee Road - US 41 to Goodlette-Frank Road Good1ette-Frank Road to Airport-Pullinq Road Airoort-Pullinq Road to Pelican Strand Entrance Pelican Strand Entrance to 1-75 1-75 to C.R. 951 ill Adequate cornmitments to provide the necessary improvements, includinq but not limited to, riqht-ot- way, cost of siqnalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the fOllowinq siqnificantly impacted intersections throuqhout pro;ect build out: Immokalee Road/US-41 Immokalee Road/Goodlette-Frank Road Immokalee Road/Airport-Pullinq Road I~~okalee Road/I-75 East Ramps Pine Ridqe Road/I-75 East Ramps. lil Improvements to the facilities outlined in recommendations "bn and "en above shall be made at the time that a road seqment or intersection is expected to exceed the level ot service standard adopted in the local comprehensive plan. Service level determination shall be made by Collier County. To determine the existing levels of service on reqional facilities and 5 Words underlined are additions; Words gtrwek tRFS.l3A are deletions. 12C 3 the need for improv~m~nts in a timely manner, the applicant shall submit an annual monitoring report to Collier County, Florida Department of Transportation, Florida Department of Community Affairs and the Southwest Florida Regional Planning Council for review and appr0val. The first monitoring report shall be submitte? o.~_Z~r:lr aft.;r the approval of the development order for the Pelican Strand DRI. Reports shall b~ submitt~d annually thereafter until after buildout of the proiect. At a minimum, the report shall contain p.m. peak hour trip qe~eration estimates and turning movements at each of the access intersections and the off-site int~r3er..:ti")ns 1 isted above in recommendation "err, and a calculation of the existina level of service at these inters~ctions and on the road seqments indicated above in r<::comrnendation "b". The levels of service shall be calcul~ted accordinq to current professional standards. The report shall also provide a calculation of the existinq level of service on the facilities and the estim~ted levels of service and proiect impact for the next year. The annual monitorinq report shall also identify t.he status of the road improveme;lts assumed to be committed in the ADA, and any deviations from the schedule identified in ADA shall be addressed in the Notice of Proposed Chanqe process per Chapter 380.06(19i, Florida Statutes. Based on the transportation assessment of siqnificant proiect impacts, construction of the fOllowinq transportation improvements shall be needed prior to, or coincident with, development of the Pelican Strand DRI, if adopted level of service conditions are to be maintained through buildout (2002) on reqional roadway seqments and intersections. Reqional Roads Immokalee Road - US 41 to Goodlette-Frank Road - Widen to 6 lanes Goodlette-Frank Road to Airoort-pullinq Road _ Widen to 6 lanes Airoort-pullinq Road to Pelican Strand Entrance _ Widen to 6 lanes Pelican Strand Entrance to 1-75 - Widen to 6 lanes Reqional Intersections Immokalee Road/US 41 East and westbound throuqh lanes Eastbound dual left turn-Ianes Northbound dual left turn Lanes Siqnal retiminq Immokalee Road/Goodlette- East and westbound throuqh Frank Road lanes Westbound dual left turnranes Northbound dual left turn lanes Signal retiminq Immokalee Road/Airport-East and westbound throuqh lanes Pullinq Road Siqnal retiminq 6 Words underlined are additions; Words <:'t-''iili t;;J:aFli~9R are deletions. 12C 3 Immok~ee Ro~d/I-7S Ramp ~ajor interchanqe improvements Eastbound riqht turn exit ramp * Pine Ridge Poad/I-7S East Ra~o Signal retiminq Or constr'Jction f.:l:~ility (Livinqston Road N/Sl (S) Development Order options mat be considered by Collier County and the applicant to the extent that the options provide adequate co~~itments for improvements indicated above :0 significantly impacted regional roadways and intersections. Whatever options are exercised, hG~ever, should be done with the understanding that the follo~inQ conditions shall b~ met: ~a-L If annual monitoring reports confirm that peak season, peak hour directional traffic on the regional road segments and intersections above exceed the level of service standards adopted by the County and the proiect is utilizing more than 5~ of the adopted level of service capacity (sianificant impact), then further building 2~rmits and certificates of occupancy shall not be granted until the standards of the County's concurrency management system 11ave been met. The develocment c~der shall identify how the DRI will be treated in relation to the concurrency management system. 1el The transDortation impact to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies, and the determination of proportional share and/or pioelining of the regional road improvements shall be in accordance with Section 163.3220, F.S. which reauires a Local Government Development Agreement and a co~~itment by the applicant and/or the local government to insure concurrency on all significantly impacted regional roads. +'l+ill The Applicant shall provide within fifteen (15) days of pUblication each YEar, a copy of said AUIR on the regional facilitjes set forth in Subsection ~b. (2) S.b.121 through (4) hereof to the DCA and SWFRPC. +4+121 In the event that the Collier County Board of Commissioners designates an ASI around a deficient road segment identified in Subsection 1.13. (2) S.b. (2) throuqh (4) hereof that is predicted to be substantially impacted by the Pelican Strand DRI and the AS! does not include the Pelican Strand DRI, then the applicant shall file a Notice of Change of this development order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Section 380.06(19}, Florida Statutes. ~l2l The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an AS! for such a deficient road segment that excludes the Pelican Strand DRI. The applicant shall file with the Notice of Change a current traffic analysis and other information attempting to establish that the Pelican 7 Words underlined are additions; Words stride]; tRrElkl3R are deletions. 12C 3 Strand DRI is not having a substantial impact upon the pertinent road segment, or other justification for the County's exclusion of the DRI from the ASI. If an AS! is established for any deficient road segment listed in Paragraph 4.b. (21 of the development order that does not include the Pelican Strand DRI, the DRI shall not apply for or be issued any Certificate of Public Facility Adequacy until the Notice of Change decision is made by Collier County, if neither DCA nor SWFRPC participates in the public hearing on the Notice of Change pursuant to 380.061191 (fl and the change is adopt~d hy Collier C01Jntj, ~s proposed, or until any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. ~l2l For purposes of enforcement of this development order the Pelican Strand DRI shall be deemed to have a substantial impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of the level of service "0" peak hour peak season capacity of the rsad'Nay, ++1-(8) The County shall provide the requisite pI-,blie noticE: and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the Pelican Strand DRI Development O~der to record its determin~tion as to whether The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as or not Pelican Strand is having a substantial impact upon the deficient road segment or otherwise should not be included within an AS! for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adeq~acy previously issued to Pelican Strand. The amendment to the Pelican Strand Development Order is appealable pursuant to Subsection 380.061191 and Section 380.07, Florida Statutes. ~l2l If neither DCA nor SWFRPC participates in the public hearing on the Notic~ of Change pursuant to 380.061S19) If), and f:he change is adopted by Collier County as proposed, the Pelican Strand ORI may be issued Certificates of Adequate Public Facilities following the County's development order decision. If either DCA or SWFRPC participates in the public hearing, the Applicant shall not apply for or be issued Certificates of Adequate Public Facilities until the deadline for appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes, and no appeal has been filed. c. Interconnection between Pelican Strand and adjacent subdivisions shall be encouraged. d. If Piper Boulevard is extended as a frontage road from Livingston Road to the property boundary of Pelican Strand, an interconnection to Pelican Strand 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. , Words underlined are additions; Words struah tRr91l3A are deletions. 12C 3 e. On CR-848 west of 1-75, 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 "accessH intersection will be allowed at an appr0y.imat~ one-quarter mile spacing with the following conditions/constraints: 1. At the time of warrants being met for signal systems, th~ signal system shall be installed at the developer's fair sh~r~ expense, shall be coordinated with the signal system at 1-75 and Livingston Road, and shall be operated in such a fashion so as to minimize thru mO?ement delays ("accessu intersection cycle dependent IJpon compl~ti0n of thru movement cycles). 2. At the time of CR-846 six-laning, the County retains the option of signal system removal along with median opening removal at the one-quarter mile intersecting spacing location. 3. At the time after permitting median openings/installation of signal systems, the County retains the option to remove median open~ng and/or signal system at the one-quarter mile intersection spacing location should either or both traffic accident data ar.d thru lane capacity data indicate a need based on criteria set forth in the current edition of the t1anual on Uniform Traffic Control Devices (MUTCD), FOOT policy, and/or Coun~y policy. D. Paragraph 5, "Vegetation and Wildlife/Wetlands", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 6. "-,- VEGETAT!ON 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 th~t the proposed control elevations will maintain adequate ',ietland hydroperiods, acreage figures and cross-sections for all mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetlands and 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 illllstra~ed 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 Words underlined are additions: Words etr1,lsh t):JrSY9R are deletions. 12C 3 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. ~achine clearing shall be performed in areas dominated by exotics while hand clearing will be used in the balance of w~tlan~ ~nd conservation areas. g. .7 acres of lake littoral zones shall be created. h. The threatened pinp. pink ground orchid shall be transplanted to suitable areas such as low golf ceurse rough or water ~anagement SHales if it is encountered prior to construction. i. Pines an~ 0ther trees, as well as under-story plants, will be maintained in conservation dreas; 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 :8cated p~riodically (randomly) throughout the project. j. Prior:o t~e issuance of any land clearing pErmit within the added 375.3 acres, orovisions of the a Fox Squirrel Habitat Managernent Plan for that area 3~all be approved by the rlorida Game and Fresh Water Fish co~~ission by letter dated ~lc"'ember 4, 1996, shall be complied with. E. Faragraph 6, "Water Supply", of the conclusions of Law Section of Development Order Number 90-1, as amended, (Resolution Number 90-67, as amended), is hereby -3mended to read as follows: 7. ~ \'/ATER SUP?LY a. hll 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 this expense, will install and operate interim water supply and on-site treatment facilities adequate to meet all requirements of the appropriate regulatory agencies. c. At such time as the County's off-site facilities are available, in accordance with County ordinances and/or State 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 no expense to the County. d. Connection to the County's off-site water facilities 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. 10 Words underlined are additions: wnrds stF~gk tRT9U3R are deletions. 12C 3 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. f. If an interim on-site wat~r supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak Jay 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 a:~ 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 possibi lity of using other acuifers, or other water source.3 entirely. i. Prior to the permitting of any additional withdrawals from the Lo~er Tamlami Aq~ifer, the applicant will be required to provide documentation to the District that saline water intrusion, unacceptable low water levels, and/or adverse impacts en either on-site/adjacent wetland areas of existing users ~ill not occur as a result of any proposed ',.;ithdrawals. k. for th~ purposes of non-potable water conservation, Pelican Strand will utilize xeriscape principles in the design and maintenance of the proje~t'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 tlorida Water Management District which demonstrates that the wetland hydroperiod will be maintained. m. The applicant may withdr~w 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 im~acted 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 possible contamination from spray effluent used for irrigation purposes. 11 Words underlinl!d are addi t ions; Words ai-rlolsl. 'i:)uSi<l.3R are deletions. 12C 3 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, no i~ conflict with th~ abov~ r~comm8ndations shall be incorporated as conditions for approval. E. Paragraph 7, ~Consistency with Local Growth Management Plan", of the Conclusions of Law Section of Development Order Number 90-1, as amended (Resolution Number 90-67, as amended), is hereby amended to read as follows: 8. 'I-,- CONSISTENCY WITH THE LOCAL GROWTH MANAGEMENT PLAN a. The ORr's land uses are consistent with the local government growth management plan. t. Paragraph 8, "General Considerations", of the Conclusions of Law, Section of Development Order Number 90-1, as amended (Resolution Number 90-1')7, as ar:1ended), is hereby amended to read as follow.s: 9. ~ 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 supersedes that schedule contained in Ordinance 85-61, Regency Village of Naples PUD. If development order conditions and applicant commitments incorporated within the development order, AD or sufficiency round responses to mitigate regional impa~ts 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, resul~ing in additional substantial regional impacts above the thresholds for a substantial deviation found in Section 380.06(19(, Florida Statutes, than a substantial deviation shall be deemed to have occurred. c. Pursuant to Chapter 380.06{l6), 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 Collier County Land Development Code Division 3.2, which requires the 12 Words underlined are additions; Words 8trueh t~rgU3k are deletions. 12C j submission, review, and approval of a Subdivision Master Plan. G. Paragraph 9, ~PUD Document", of the Conclusions of Law Section of Developme;-.t Order Number 90-1, as am~nded (Resolution Number 90-67, as amended), is hereby amended to read as follows: 10. ~ P.U.D. DOCUMENT a. The approved Pelican Strand PUD document 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 "AU, attached hereto. SECTION TWO: FINDINGS Of fACT A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit "AU, attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Strand on 574.6 acres of land is for corrmercial, industrial and residential tourist uses. D. The requested amendment to th~ previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has b~en conducted by the County's departments and the SWfRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, SECTION THREE: CONCLUSIONS Of LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWfRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the 13 Words underlined are additions; Words s!;:'AolsI, tJnB'~3k are deletions. 12C 3 objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved development is consistent with ltl~ Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER (S), TRAIISI1ITTAL TO DCA AND EFFECTIVE DATE A. Except as ame~ded hereby, Development Order 90-1, as amended shall remain in full force and effect, binding in accordance with its terms on all parities thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order 97 3 shall be transmitted immediately upon execution to the Department of Community hffairs, Bureau of Land and Water fJIanagement, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this , day of ;7/~/ BOARD O(COUNTY COLLIE OLJNTY, /'o? , 1997. BY: ATTEST: DWIGHT E. BROCK, Clerk :?-~<- . ..~ ppr to For and Legal SUfficiency: ~~~~.~;Ud~d'-~;( Assistant County Attorney f/Ron/Pelican Strandl 14 Words underl ined are addi tions; Words 8tnlliJ, tl=l1"9U9R are deletions.