Resolution 1994-349
KA'i lU. l~:I'+
RESOLUTION 94- 349
DEVELOPKENT ORDER 94---L
A RESOLUTIOX AXEl!lDIJlG DEVELOPMEJI'l' ORDER 85-5, AS
AXDDED, OJ' THB PIJlB AIR LAJtES DEVELOPKENT OJ'
REGIOXAL IHPAC'l' (DRI) BY PROVIDING FORI SEC'l'ION
on A 1I'HICH AXEl!lDS THE J'INDINGS OJ' J'ACT TO REFLECT
REVISIONS TO THE CKARAC'l'ER OJ' PERMITTED USES AND
AXOONT OJ' ACREAGE RELATIVE TO PERMITTED USES;
SEC'l'ION on B 1I'HICH AXENDS THE CONCLUSIONS OJ' LAW,
PROJEC'l' DESCRIPTION SECTION TO REFLECT REVISIONS TO
THE CKARAC'l'ER OJ' THB PERMITTED USES AND RELATED
SQUARE FOOTAGE; SEC'l'ION ONE C WHICH AXEl!lDS THE
CONCLUSIONS OJ' LAW, DRAINAGE/WATER QUALITY SECTION
TO UPDATE CERTAIN CODE AND DEPARTMENTAL REFERENCES;
SEC'l'ION ONE D WHICH AMENDS THE CONCLUSIONS OF LAW,
ENERGY SEC'l'IOJl TO REFLECT MINOR CHANGES; SECTION
ONE E WHICH AMENDS THE CONCLUSIONS OJ' LAW,
FLOODPLAIN/HURRICANE EVACUATION SECTION TO REFLECT
REVISIONS TO THE CKARAC'l'ER OF THE PERMITTED USES;
SECTION ONE F WHICH AMENDS THE CONCLUSIONS OF LAW,
REGIONAL SHOPPING CENTER SECTION TO DELETE THE
DISCUSSION OF PROJEC'l'ED RETAIL HARII:ET DEMAND AND
THE AGREEHENT FOR HALL DEVELOPMENT AND HALL
BUILDOUT DATE REQUIREHEJI'l'S; SECTION ONE G
CONCLUSIONS OJ' LAW, TRANSPORTATION SECTION TO
REVISE CONCURRENCY REQUIREHEJI'l'S AND OTHER
TRANSPORTATION COMMITMEJI'l'S; SECTION ONE H WHICH
AXDDS THB CONCLUSIONS OF LAW, ENVIRONMEJI'l'AL
CONSIDERATIONS SEC'l'ION TO UPDATE CERTAIN
DEPARTMEJI'l'AL AND LAND DEVELOPMENT CODE REFERENCES;
SECTION ONE I OJ' THE CONCLUSIONS OF LAW, UTILITIES
SECTION TO REFLECT COUNTY PROVISION OF POTABLE
WATER, CERTAIN DEPARTMEJI'l'AL CHANGES AND DELETION OJ'
REFERENCES TO THB COUNTY UTILITY RATE REGULATING
BOARD; SEC'l'ION ONB J OJ' THE CONCLUSIONS OJ' LAW,
EXEMPTIONS TO SOllDIVISION REGULATIONS SEC'l'ION BY
DELETING IT IN ITS EJI'l'IRETY; SECTION ONE X OJ' THE
CONCLUSIONS OF LAW, GENERAL CONSIDERATIONS SECTION
TO HAll:B MINOR CHANGES; SEC'l'ION ONE L OF THB FURTHER
RESOLUTION SEC'l'ION TO EXTEND THB TERMINATION DATE
AND ADO EXEMPTION PROM DOWNZONING REQUIREMENTS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFEC'l' OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO
DCA AND EFFEC'l'IVE DATE.
1I'HEREAB, the Board ot County Commissioners ot Collier County
approved Development Order 85-5, which approved a Development of
Reqional Impact (DRI) known as pine Air Lakes on November 12,
1985;
1I'HDDS, the Southwest Reqional Planninq Council appealed
Development Order 85-5; and
1I'HDEAB, the appeal was settled by the Board ot County
co_issioners adoptinq Resolution 86-63, which amended the Pine
Air Lakes Development Order, on April 15, 1966; and
800K 000 PAS, 181
---~-"_._"'_'.m__,____.__._._...._
HAY 10, 1994
WHWRBAS, the Application For Development Approval (ADA) was
incorporated into and by reference made a part of the Development
Order; and
WHWRBAS, the real property which is the subject of the
Development Order is legally described and set torth in Exhibit A
to the Development Order; and
1IlIBJlEAS, the owners ot the DRI property are desirous of
amending the Development Order; and
WHEREAS, the appeal ot Development Order 65-5 had the effect
ot extending the buildout date from November 12, 1995, to
April 15, 1996; and
1IlIBJlEAS, Robert J. Gray of strategic planning Group, Inc.,
representing Naples Associates Limited Partnership has petitioned
the Board ot County Commissioners to further amend the pine Air
Lakes Development Order; 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 petition on April 21, 1994; and
1I'HOEAS, the Board of County Commissioners of Collier County
has reviewed and considered the reports of SWFRPC and the Collier
county Planning Commission and held a public hearing on May 10,
1994;
BOW THOEFORE, BE IT RESOLVED by the Board of County
commissioners ot Collier County, Florida, that:
8BCTIOX OXEI
AXENDHENT OJ' DEVELOPHEJI'l' ORDER
A. Paragraph 4, Findings ot Fact, ot Development Order
85-5, as amended, is hereby amended to read as tollows:
FINDINGS OF FAC'l'
1. 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 pine Air
Lakes attached hereto and by reference made a part
hereof.
800K 000 PAr,' lR2
HAY 10, 1994
2. The application is in accordance with Section
360.06(b), Florida statutes.
3. The applicant submitted to the County an ADA and
sufticiency response 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 ot this Order.
4. The applicant proposes the development ot pine Air
Lakes Planned Unit Development, for 148.99 acres
which includes ~ aeres ~ hetel/institutienal
~ 25.87 acres tor ottice/retail mixed use
eemmereiall 33.49 32.63 acres for lakes/open space;
'H-% aeres ~ tellperary se'.'age treatllent plant.1
S7.3~ aeres 4&P 8h8ppiA~ seAter aDDroximatelv 77.12
acres for reaional commercial; ~ It.ll acres for
roadways; and atltlroximatelv 1.61 acres of cypress
wetlands.
5. The Development is consistent with the report and
recommendations ot the SWFRPC submitted pursuant to
Subsection 380.06(11), Florida statutes.
6. The development will not unreasonably interfere
with the achievement of the objectives of the
adopted State Land Development Plan applicable to
the area.
7.
A comprehensive review of the
the development has been
appropriate County departments
SWFRPC.
impact generated by
conducted by the
and agencies and by
8. The development is not in an area designated an
Area of Critical State Concern pursuant to the
provisions ot Section 380.05, Florida Statutes, as
amended.
9. The development is consistent with the land
development regulations of Collier County.
B. Paragraph 1, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as tollows:
CONCLUSIONS OF LAW
1. PROJBC'l' DESCRIPTIOXI The ADA tor the Pine Air Lakes
project proposed a rango ot square tootage for approval;
however, the transportation analysis provided by the
applicant addressed a project consisting of a total of
1,289,699 957.000 square feet of retail and office
BOOK OOOPA"f 183
commercial uses as delineated in Paraaratlh l.a. below.
The ADA also specified that the 1,289,699 957.000 square
feet ....lu. is cu=ently proposed and that additional
amounts will be requested if future market analysis
tinds a need. 'i'fterefere, ~ Ceuneil es~;;sllent
esftsidered the 1,299,'99 B~are feet prejeet, ;~
ConeS! tionsl
a. Pine Air Lakes project approval shall be for the
following maximum square footage and uses:
Cateaorv
Reaional Commercial Retail
RegieAs! Hall
Killed Yse
Sa. Ft.
707.000
5S9,eee
157,999
Office
250.000 3S8,699
HB~el/IA8ti~utieAal 205,009
elSe reaa. netal)
(322 ree.s IAstitHti~
Total
1,269,S99 957.000
b. Any further request for additional square footage
shall be considered by Collier County through the
SUbstantial Deviation process pursuant to Chapter
380.06, Florida Statutes.
c. Paragraph 2, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
2. DRAInGB/nTO QOALITYI The applicant has prOposed a
surtace water management system that, with an addition
to the proposed "Best Management Practices" (B.H.P. 's)
should improve water quality leaving the site and cease
to add further to the degradation of Naples Bay.
Additionally, the project has the potential for locating
businesses or other on-site uses that could generate
special or hazardous wastes (i.e., photographic
processing, gas station, printing).
Conditions I
a. The drainage system for Pine Air Lakes shall
implement the design standards and water quality
"best management practices" outlined in the
Application for Development Approval, response to
Question 22 Drainage, and in sufficiency responses.
b. The drainage system for the "Pine Air Lakes"
project shall be modified to provide for greater
detention capacity and for more extensive water
quality "Best Management Practices" in high
intensity use drainage basins (greater than 40\
impervious surface) as required by the South
Florida Water Management District.
c. Conceptual and/or detailed site drainage plans
shall be submitted to the Water Hanagellent
Environmental Advisory Board for review. No
construction permits shall be issued unless and
until approval of the proposed construction in
accordance with the submitted plans is granted by
the Water Ua\lMT,llen\ ~vironmental Advisory Board.
800K UUU pjC,r 1~4
-^-
"...,,----._-~._~,-
.
d.
An on-going maintenance and monitoring program that
ensures regular inspection, maintenance and
sampling of the stormwater drainage system shall be
implemented by the applicant, or his successors,
throughout the project life-time.
'l'fte de",eleper shall previde It i!-5L wide dl!'aina~e
ease.ent eleng ~ nert.n Be~ndary, &ftd It ~ wide
drainage ease.ent elen~ ~ ~ Be~ndary &l', ~
prsperty as required by Cellier Ceunty's Hater
Kana~e.ent. Sireeter.
e.
Within sixtv (6D! days of the written reauest ~;om
the County Administrator. or his de~ia e.
Develotler shall tlrovide: a thi~;v-~~:e ~~~~ ~~~t
wide and a twentY-five (25! f~ w n _t .
non-eXClusive easement for drainaa~ ~~~~~;~~ i~~~a
the western boundary of the Pine:~ ~~~- ;~~~;i;:
thirty (3D! foot wide temo~r -e _ _ .e
construction easement which tlarallels ~ ~w~~t~-~~ve
(25! foot wide temtlorarv non-excl~s v r i ae
easement. both of which temtlo~~~ :~~e~~~ts ~~~~:~t
wi th the temtlorarv drainaqe m _ _ t _ e
abuttina the tlrotlertv's northeast~~~ bou;da;~ ai~~a
Airtlort-Pullinq Road. around which ;fk: th: t~i;~v
(3D! foot temoorarv constr~c o. _as_m t
continues: all as more fullY d;;;rlbed in the
drainaae conveyance documents dated i;;~~ ~:~:d ~~d
the drawinas attached thereto ~n_ e_ V
Wilson. Miller. Barton & Peek. Inc~. d:~d F:~~~a~v
1994 for File No. 2G-4D3. Said temtlo~ ea nts
are for the tlurpose of accetltinq and :~~~~~~~~~~a
29 acres of pine Ridae Industrial P~r t
Ouadrant! drainaae throuah the wate~ =~~;~~~i~t
system. and shall be abandoned at tim f e
Development atltlroval of the are~ ~~r~~ ~f ~~~~~~~d
Drive. At time of Site Develotl e ~:t :i~-_va~.
a twentv-five (25! foot wide tler u_ no _
exclusive easement for drainaae tl~;;oses ;hf;i ~e
dedicated to Collier County and ecorded t e
public records.
'l'fte de~'eleper shall previde It i!-5L wide draina~e
easellent alsng ~ nsrtn Beundary, &ftd It ~ wide
drainage easellent aleng ~ ~ Beundary &l', ~
preperty as reEJ~irEa by Csllier Ceunt.y's Water
Ha8a~e.eftt Diree~er.
f. An Excavation Permit will be required for the
proposed lakes in accordance with ~ Collier
County Land Develotlment Code Qrdinanee Ne-r 89 26,
&& allended by Ordinanea Ne-r 83 3, &ftd as IIlay be
amended ift the fatarc.
g. A regular program of vacuum sweeping of all project
parking lots shall be considered as a supplemental
"Best Management Practice" by the applicant and all
permit review agencies.
h. The applicant shall coordinate with Collier County
and the Florida Department of Environmental
Protection (FDEP! Regula~ien (FSEP) for the
provision of temporary transfer/storage facilities
to accommodate all special and hazardous wastes, as
classified by ~ FBER, that are generated by the
development. Such a provision could include the
eOOK ODOp,,: 185
location ot an adequate temporary storage/transfer
facility on-site.
D. Paragraph 3, Conclusions of Law, ot Development Order
85-5, as amended, is hereby amended to read as follows:
3. ENERGY: The proposed project would be an all electric
development and would increase the energy demands of the
Region. The applicant has committed to provide a
variety of energy conservation measures to reduce the
impact ot that increased energy demand.
Conditions:
a. provision of a bicycle-pedestrian system to be
placed along arterial and collector roads within
the project. This system is to be consistent with
applicable eeunty County requirements.
b. Provision ot biCYCle racks or storage facilities in
office and commercial areas.
c. Cooperation in the locating of bus stops, shelters,
and other passenger and system accommodations for a
transit system to serve the project area.
d. Use of energy-efficient features in window design
(e.g., tinting and exterior shading).
e. Use of operable windows and ceiling fans (as
appropriate).
f. Installation of energy-efficient appliances and
equipment.
g. PrOhibition of deed restrictions or covenants that
would prevent or unnecessarily hamper energy
conservation ettorts (e.g., building orientation
and solar water heating systems).
h. Reduced 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.
1.
Installation of energy-efficient
streets, parking areas, and other
exterior public areas.
j . Use of water closets with a maximum flush of 3.5
gallons and shower heads and faucets with a maximum
flow rate of 3.0 gallons per minute (at 60 pounds
of pressure per square inch) as specified in the
Water Conservation Act, Chapter 553.14, Florida
statutes.
lighting
interior
for
and
k. Selection ot native plants, trees, and other
vegetation and landscape design features that
reduce requirements tor water, fertilizer,
maintenance, and other needs.
1. Planting of native shade trees to provide
reasonable shade for all streets and parking areas.
60D<< OOOwdB6
Placement ot trees to provide needed shade in
warmer months while not overly reducing
benefits of sunlight in the cooler months.
n. Orientation of structures, as possible, to reduce
solar heat gain by walls and to utilize the natural
cooling etfects of the wind.
the
the
m.
o. Provision for structural shading (e.g., trellises,
awnings, and roof overhangs) wherever practical
when natural shading cannot be used effectively.
p. Consideration by the project architectural review
committee(s) of energy conservation measures (both
those noted here and others) to assist builders and
tenants in their efforts to achieve greater energy
efficiency in the development.
85-5, as amended, is hereby amended to read as follows:
E. Paragraph 4, Conclusions of Law, of Development Order
4. J'LOODPLAIX/BURRICANB BVACOATIONI The proposed retail
:~~~cial and office develoDment sffiae 13arl[/shs13ping
e8ftter contains a large amount of common area that could
be used as a refuge in the event of a Hurricane. This
would constitute a use of Regional benefit.
Condition:
a. The applicant must meet with the appropriate
eey~tY:disa8ter County Emeraency Manaaement
prellal!'ednesB officials to determine the potential
for use of the development's common areas as a
hurricane refuge.
F. Paragraph 5, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
5. REGIOXAL SHOPPING CEJI'l'BRI The proposed Pine Air Lakes
regional commercial center proposes to add a Ilinillull &E
707,000 square feet of retail space to the retail
markets of Collier County and south Lee County by 2000.
1991. lIe','e'~er, prejeetiefls &E retail Ilar)[et delland ~
H% shew 4;ftH eJ!isting aft<I ellpre'~ed future retail spaee
~ nearly aeeellllsdata ~ H% retail delland. Based
6ft ~ prejeetisn, there ~ ft&& Be suffiaient delland
~ SU13pert Pifle AHa Lal[es' 7a7, aas slfUare ~ 4:ft
additienal ~ euisting aft<I prepesed future retail spase.
Furthel'lllere, .t-fte prepssetl Pifle AHa LaJ[es ~ -Ht leeated
~ ~ithin .t-fte ser'liee areaa &E ~ Ceastland ~ aft<I
.t-fte appreved Bsnita Bay Center. This retail
eensefltratien ~ eause these eenters ~ haYe ~
eell13ete ~ 8ft atlelJUate share &E .t-fte Ilarl[et, vhile
re~uil!'ing lesal ge~ernllent ~ ~ read aft<I ether
i.Jlr8~Je.eFlts 9ft 4:fl.e eupeetatien ~ eH ...ef\turcB ~
sueesed.
Condition I
,h- .A.
The Southwest Florida ~,::~io~a~ Pl~nn~:~ ~~~nc~~ an~
Collier Countv have ___ n _ l dae_ ~~~:t" ~_
~~~:ement which satisfies ~-; ~:;y~~~",~n f
~:;:~:~~ 5a. of Develotlmen_ Or___ ___. Aft
agree.anll ~ .t-fte ge'~elepllent of. .t-fte shepping Ilall,
Parsel ~ shall De delivered up ~ hut, ft& later
800K 000 II' 1 R7
4;ftatt 44Ye -f5T yaars after 4fte adepili", eE ~
Savale...". Q~der. -A ~ eE ~ A,r....A' 88al1
~ 8us.i\..d .. *he Ge..yfti.y 9.v81ep.eft~ ~i~i8ieft
ftftEI E:8\:ltk-.Jest F18rida RetJi8ftal QauRe!l. -'ate
agree.eft" sAall speeify 4;fl.e da-t7e e4 eeBUlleAeelle"t.
&ftd eellpletisn ~ eeAstruetieA ~ eaeft phase ~
a deseriptien &E ~ eenstrustien ~ be eSllpleted.
'l'he develspllent ~ ~ ebepp-i-ft<J Ill&H shall be
~ fte lateI!' ~ .(;eft +*T years aftel!' ~
adsptien &E ~ De'lelepMeAt Ol!'der. -Aft ewteAsieA up
~ 44Ye -f5T years ~ ~ t4IIIe table ~ ~
eellpletien ~ ~ sheppiAg Ill&H !laY be appre'led by
Csunty staff &ftd 4fte Planning Ge..issien aeserding
~ Eestien (19) (s) ~ ~ eurrenil state...Ue
guidelines &ftd staAdal!'ds ~ Develepllent ~
Regienal Illpaet. ~ &ueft .... agreelleAt 4<> ft&t;
previded, ~ applieaRt shall be required ~
resublli t a llarltetiRg study uhieh, after
re ellaMining ~ iH!'ea Ilarltet &ftd iAvelviRq
ee_ereial de~'eleplleAt., dellenstrates ~ ~
prejeet 4<> feasible. Csllier Csunty's revie'", ~
~ llIarlteting stady shall iAelude a eubstaAtial
deviat.ieA determiAatien parsuant ~ Chapter 389.96,
Flerida Etatutes.
b. In order to ensure that reaional retail is
achieved. there will be three individual retail
uses. each with a minimum of 70.000 souare feet of
aross leasable area rGLAI located north of Edae
Wood Drive. Further. a ma10ritv of the uses in the
Reaional Commercial area will be restricted to uses
stlecitied in the Planned Unit Develotlment Document
that are also within Division G of the Standard
Industrial Classification Manual. 1967 edition.
G. Paragraph 6, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
6. TRANSPORTATION: Traffic generated by pine Air Lakes,
when combined with other growth in the Area, will
necessitate substantial roadway improvements, if
level-of-service "G~" tleak hour-oeak season conditions
are to be maintained.
Conditional
a. The developer shall provide a fair share
contribution toward the capital cost of traffic
signals at each of the project accesses on pine
Ridge Road and Airport Road when deemed warranted
by the County Engineer. The signals shall be
owned, operated, and maintained by Collier County.
b. The de?elepers develotler shall provide arterial
level street lighting at each of the project
accesses on pine Ridge Road and Airport Road. This
shall be waived if prior roadway improvements by
the County include a street lighting system.
c. The applicant shall be required to pay the full
cost for anv site-related intersection imorovements
rincludina but not limited to turn lanes and
additional side street or drivewav throuah lanes I
found to be necessary bv Collier County for the
tlro1ect's access intersections onto Airoort Road
rCR 311 and pine Ridae Road. ~ aftY et.her
BOOK OCOPA',: 188
iftterseetisft i.pzoa-;eaeJ\'s deemed. neeessary ey ~
(;Jaunty Eftgifteer ~ .tfle Pl"sj eet' 8 assess peiftts
eAts PiAS Ridge Read BAd Airper~ rulling Read.
d-r M 4;fte MlIle ~ aftY pertien &E 4;fte felle'.Jillg
re,iellally illpast;ed readways ,is fsund 4;e eueeed
level ef serviee JlGD. ~ .(;he Osllier oeunty
Ellgineering gepa~~ &P et;her apprspriate Oeullty
depart.mellt &P FOW), 4;fte applisant shall l3eeeme
e131igated 4;e pay a prepertisllate share &E 4;fte ~
&E 4;fte tetal illprsvellents neeessary 4;e Ilaintaill
level sf serviee "C".
4-r y,..s...-H,
- pille Ridge Read te Vallderl3ilt Beaeh Read
pine Ridge Rsad t.e Selana Rsad
~ applieant shall ssntril3ut.e a ~ share tewards
4;fte t;etal illpre','emen'es nesessar.l 4;e Ilaintaill
level af servise ~ eft ~ impae~ed re&d se~enta
'ehreu,h prejeet l3uildeut. -'l'fte applieant;' s Dfair
shareD shall be determilled by.(;he preper'eiell &E.~
prejee'e's t.etal l3uildeH'e t.raffis eft ~ P&ad
selJ,,,,,,nt; 4;e total traffie fereeasted eft .(;he P&ad
segllent. ~al3le ~ &E ~ CWFRrO Ctaff
~rallspertatiell AsseS91lent presellts estillated
projest traffie Clfld tetal t.raffie fereeasted
threugh l3uildsut Based eft eurrellt a"/ailal3le data,
~hese estillates shall be used 4;e estillata
prepertienal share until updated by .(;he Ilellitsrillg
repert required ullder eenditien ~ Clfld eft aft
updated traffie allalysis.
&.- ~ ~ MlIle ~ af\Y pertiell &E .(;he fslle...illg
intersest;isns ,is feund t;e euseed le","el ef servise
JlGD. ~ Cellier Ceunty Ellgineering Departllellt &P
ether apprepriate ceullty depart.ment &P FDGT), ~
applieant shall l3eeelle e131igated 4;e pay a
prepertienate share &E ~ ~ ~ signaliBatiell,
~ lalles, Clfld ether illpre'lellellts deelled neeessary
BY Cellier Ceunty sr FDW.
4-r Int.erseetiell ef U.C. tl at pine Ridge Read
~ appliean'e shall eentributa a ~ share te~arde
t;fte tetal imprs./eJleAta Aeeeasary :t:e maiRtaiR
level ef serviee JlGD. eft ~ illpasted P&ad
illtersestiens threugh prejee~ Buildeut. -'l'fte
applieant's "fair shara" shall be determined by ~
prepertien ~ 4;fte prsjest's tet.al Buildeut traffis
~ .(;he read illterseetisn, 4;e tetal traffis
fereeasted en the read intersestisn.
~ oSllllitllent t;e eenstruet 4;fte prepertienal share
illprsvellents eut.lined ~ reeemmendatisns .IJ.d-II. Clfld
Jl&II. al3e'..e shall be IItaEle at; ~ ~ a P&ad
BetJBIeRt,'ift~el"seetieft i-s fe\iftd k 8useed
ls'le1 af 88r\.ise ~ Eervise 187e1 deteraiftatiaft
shall be IIIatie by ei'eher ~ oellier Gsunty
Engineering Departllent &P FDO~. ~ ~ 8ft&r ~
applieant shall sul3llit aft allnual aenitering repert;
4;e ~ Gsllier Goun'ey Ellgineering Departllent., .(;he
Gellier Ceunty,'l!aples KPGr FDG~, &ftd .(;he Seuth'.'est
Flsrida Regisnal Planning Gsuneil ~ raview. -'l'fte
first Ilsnitering reper\; shall be sUBmitted efte T%T
year ~I!' ~ issuallee &E .(;he first eertifieates
nr.~
,. ,.-
""">~'-~-r'~'" __~__'.,~...',,_._._,_"._.__,,_M.._'_'~'",
~ C>ee\lp&ne)' 4-oP Pifie J.-i.p ~ Reperts shall Be
slibllitted ennlially until buildeu1i ~ 4;!te prej est.
'l'ft4s repert; shall oOfltain t:raffie eeunts t.alcen at,
4;!te aSBess peints ~ ~ site, daily &fld ~ fteuf
segllent eeunts ~p ~ regisnal read~ays Bpeeified
+n ~ bele~, &fld tlirnin9 Ilsvellents ~ ~
ift~erseetiaR9 speeified ift ~ eele~. ~ pu~ese
~ 4;!te Ilenitsriflg repert shall be ~ indieate wfteft
le';el ef serviee J1Gll 4<> eKeeeded eft illlpaeted
read\.~aya sluf/or in"terseetieFls aftti -t-e previae
updated informatien ~ mere 8eeura~ely fereeaat
prejee1i buildeut traffie &fld tstal traffie ~
determina~ieft af preper~ieftal share.
9-r U 6flY regienally illlpaeted ~ segllentl beeellles &
state designated highway aftar ~ ~ &E appraval
&E ~ Develspllleflt order, ~ read~ay illprsvellents
shall be ~ develeper's respensibilit.y &9 aut.lined
+n AdA abeve. -Afty paymeflt &E ~ Reaa Illpaet ~
~ iiwpravellleflts ~ t;fta-t; regienally illpasted ~
segllent prier ~ ~ desigflatien &E ~ ~ &9 &
State High'Jay &haH Be eredited t:award ~
develaper's ~ Bhare payment abli9atisns ~ ~
roadway SS!JBCAt.
fiT ~ 4<> ufldersteed ~ ~ develeper's prapertienate
share &f. i.l'reYeBleA~a -t-e ~ regleRsl readi,lays/
interseetiens listed 4-ft .u.".u. bels'~' &fld ~ leeal
read.~.ays/iAtergeatie,uJ listed beleW' -Mt severed by
the Gallier Geuflty Read Impaet Fee erdinaAee.
~eeal Rea4 segllents
iT pine Ridge Read (eil 89&)
Le,an Beale'lard to QR 951
-H-r
Celden Gate Beulevard
(future)
t1. E:. .c 1 to Ceedlette FraH]t ReaEl Extended
CeeEllette Franlt ReaEl ta Airperta Pull!", Read
Airport rul1iAg Read to Li~i8~8teft Read
EKteflsed
-H4-r
Cslden Gate ParJc'.'ay
- Air,a~t Palling Raaa to Gaft_a Ba~~ara
4YT ~irpart PUlling Read
1_e][a188 Read te Gelden Cate BSllle-:ard
(futlire)
CaldeA Gate Beulevard ta 1'i"8 Ridge Read
riRe nidlffe Read te CelElen f:ate Par]F~.ay
CaldeR Cate l'ar]{",,:ay te Radie Read
Radie Read te Da7ia Beule7ard
Y-r
Livings's" Read
( flit;lire)
CaldeR Sate Baule~ard (future) .8 Pine
Ridge Raad
l"iA8 Ridge Read t8 C;:elEleR Ca~e Par)way
y.b. CaB Ellett. l'raft]l Read
Selden ~ate Boule~aFd (future) to Fifte
800K OOOw'1oo
_ _W"'~_'_""V'''~"'..__~,",_"_,.,,_,~....____
!lill,e !lsad
~~~: :i:;: !l~~~ ~~ Selllen E:ate Pal'l[llay
- Celie" Sate Par]Eway sa TJ.S~ i1
..8.1 ID'.~...'i.D S8iae.'.
YH-r J.irpert Pulling Read a~ GeldsA Sate I"ar)EtJay
',Hi. Ai~ert Pullin!J Read at Radie Read
i-*r Airpsrt PulliAg Read at ea..ris Be\:lle~.~ard
*"r ~ert Pulling ReaEl at Geldsn Sate Be\ile".~ard
tH-r CeeEllette l'ranJt Read at Calden Sate :rarlny.ay
Ile'..'a',er / 4-E -the Read Illpast Fee Ordinanee 4-& reseinded,
~ develeper shall ee respeAsisle ~ ft!s preper~ieftata
ohare &f. tIlP!"8VSJlSAtS 4:e these reaEh:ays/interseetiens.
~ develeper's prspertisnate ehare shall be caleulated
- defined 4ft Jld.U, ......., eflti .II.fJ1 ahe-,'e, ~ -the Read
Iapaet Pee g~diAaAee ~ ~eseiRded, ~ paymeft~ eE
Gallier Oeunty's impast ~ prisr ~ -the ressinding ~
said Ordinanee, ~ &fty imprevellents ~ theee
raadways/iRterseetiens, ~~~~~ be oredited teward -the
de7s1eper'9 fair share pa BBligationo.
~ illprevelleRts needed ~ Ilaintain level sf serviee AGtt
6ft &fly re!Jienal -ae segllsnt _ interssetien listed
llelew ~ whieh -the prej eet' s traffie w!-H, eneeed ~
f5t pereent e# -the level ef serviee AGtt serviee velume
e# ~ Segllent/inte:~:t~:n' IIl\iK be eperatienal
eeinsident ~ith develep~~~ ~~the p~ejeet.
~ Pine Ridga Read (eR 896)
~:~: tl te E:sedlette pra;~ 1:::
- ~:::~:~ta FraRJ[ Read ta --e~---~ Seuth Aesese
- ~:~:et Seuth heeess !lead ta ~ippert Pulling
- I 75 te ~e~aA Be~le'lard
- ~irpert PulliA~ Read to I 75
44-.... 1_0](8188 Read (SR 81&)
= ~i~e~~
I 75 '8
te ~ir~ert pU~~i~g ~ead
Pulling Read 7
~egaR Deule~ard BKteftde~
i-i-h-
U.s. H
w...
;1:: :}~!~ ~ead ts '~~:~:h~;: Beaeh !lead
- Pine Rid~e Read to Ce-~~~ -~-d
~::~::e:~:: af Imme]talee Read at Ai~eFt
Pullin!J Read
:=~s:::~eft af FiRe Ridge Read at Seedlette
PraM Read
~~:::.:~~~eft el ~irper' Pulling Read at pins
Ridge !lead
'no
y!,.
YH-r
Interase'ieA af U.s. 11 at Pine Ridge Read
eonr
Don wr 1 fl1
HAY 10, 1994
H e needed illprs','ellent 4;e &ft ellisting read'o'ay 49 ftet.
eperatienal seineident ~ develepllsnt &E ~ prejeet,
~ develepllsnt shall eease until ~ illprevellent 49 4ft
epera.ieA.
1-.- 'Pfte develeper shall be ebligated 4;e pay ~ Cellier
Ceunty Read Impaet. Fee fie later .(;haft * ~ Mme ~
issu8nee af huildift~ permits fer saah suildiPl~/prejeet.
~ Impact ~ sAdler ~aseasmcfttal ra}~ent e4 Gellier
Ceunt.y's Illpaet Fee ~ any illlprsvellents 4;e ~ read
se~e"t:9/iA~eroeetiefta depieted ifl ..IlflJl &ftd .Jle-U. a13o....c,
~ be eredited te~ard ~ ~ shars payments
required by ~ ~ Order. ~ develeper shall
IItalEe ~ ~ share paY"'en-t-s required by Jld.IL &fld .1leJL
abave, ~ aH read seglllents/interseetisns, insluding
state read".lays, ~ ,,'hieh ~ share funding 49 fl<H;
4-neluded 4ft &ft illlpaet ~ EH!' aesessllent. PaY"'ents
already !lade by ~ applieant ~ a read~ay illlprsvellent
depietad 4ft Jld.IL &fld .1leJL abeve, ~ be eredited tel.'ard &ft
i.past fee ~~ieh iftsluaes that read~ay.
~ Other ^lternsti78s, ~ is understeed ~ ~ sfJeeifis
eeftdi~ieft8 listed BeB'll: re~ire eemmitmeAts ~ paymenta
heIa ~ develeper afld iIllplieit. eemmitllents ~
eenstrlietien heIa lesal afld state agefleies. ~ 5elIle
eases, ~ illprevelllenta ~ fl<H; result &Yeft ~
opplisaR' ea.-It_ents eseaase &E ~ ~ ~ eemmitmeRt
by Etate ageneies. 'l'herefere, Cellier Ceunty 49 allel:ed
4;e previde alternatives 4;e ~ abeve esnditiens when ~
alternatives Ilit.igate regisnal readway impaets. Eheuld
~ al~erftative be p~rs~ea, Callier Seuftty shall
eeliei\: E:t1rnro revie~~. e-f -the alt.erPlati..les prier * 8ft
amended gevelepment. Order being adapted.
~ ~ ~ &ftY reaseR, any eE ~ re~ieftal1y impaeted
reaEl..:a~tsl iftterseetiena are fl&t:. iAeladed uFlder Callier
Ceunty's Read Illpaet Fee O~dinaftse, ~ develeper shall
De 1P8speftsiele .f.ep payiFHJ Me prepel!'tiefta~8 share eE
i.pre~e.eAtD ~ ~ PeadwaY/interseetieft. ~
develsper's prepertienate share shall be ealeulated as
defined ift "a", "en, aAd "r" aBe~e.
~he regisRally i.pasted read~ays arel
~ pine Ridge Read (OR B9~)
Y. S _ t 1 te Seedle~te f'rafl)t Read
Ceedlette Fran)[ Read 4;e prejeet Seuth ^eeess
Re8d-_-ay
I 75 te ~egaft Beule~ard
Airpert ral1ift~ Read ta I 7S
4-i-r IlUIe)talee Read (OR 8(6)
Y.S. 11 te ~irpert Pal1ift~ Read
Airpert Pulling Read te I 7S
I 75 te Legan Be1:lle.:ard Eut.eflded
~he regienally i.pasted interseetiefts 81P81
44-h-
-iY-r
I_a]t8188 Read at .'irper~ P1::l11iftg Read
rifte Ridge Read at Geedlette FraBk Read
Y-r
Ai1Pp8r~ Pulling Read a. Pi~e Ridge Read
800K 000 PA'" 192
AT g~h8r _raAspertatieA oeAsideratieAS' ~ erder ~ eAsure
8de~ua~e ~ laeilities, &fty re~ired i~reveaeRta
sheuld ee staged &P pha&ee threugh tille. -Aft exallple ~
4;fte phased 4l!tprevelftent ~ eensern weuld ee a ~ ,lane
rea<l whieh needs M he ~ ~ ift 44Ye -f5+ years afttl
s4H lened ~ ~ years later. ~ ~ psssihle ~ ~
de~ ellpleyed ~ a ~ ,lane read weuld ftet, ee ~
~ desilJn ~ wftiH; ultillately \leuld he ~ lanes ~ a
s4H -lai>e read. ~ fH;aqed peadf4nterseetien *-Pf,'OYelll8flt-a
aPe required, t.hen t.he a~ t&P leeal ~
shall fePh'ard M t.he Flerida Departllent ~
~ranspsrtatien, &Ae &P Il&re t.ypieal eress seetieR
designs ~ eaeft stalJe ~ ~ ilftprevellent prier M ~
illprevellent heing illplellented. ~ ~ ~ review afttl
eellllent up&R ~ eress seetiens, partieularly eft their
suitahility ~ future phased ilftpre','ellents, afttl shall
fe~~ard their eemmsnts to ~he leeal ~everRmeA~.
d.
The followina reaional roadways and int~~secti~:
tlroiected to be sianificantlv imtlacted ( of
tleak hour. tleak seasonl crior to tlroiect buildout.
;r:
Sianificantlv Imtlacted Roadwavs are:
1. Airoort Road
- 1mmokalee Road to Vanderbilt Beach Road
- Vanderbilt Beach Road to Edaewood Drive
- Edaewood Drive to pine Ridae Road
- pine Ridae Road to Golden Gate parkwav
- Golden Gate Parkway to Radio Road
2. pine Ridae Road
- U.S. 41 to Goodlette-Frank Road
- Goodlette-Frank Road to Edaewood Drive
- Edaewood Drive to Airtlort-Pullina Road
- Airtlort-Pullina Road to I-75
3. Immokalee Road
- Airoort-Pullina Road to 1-75
4. Vanderbilt Beach Road
- Airtlort-Pullina Road to Livinaston Road
- Livinaston Road to Oaks Boulevard
- Oaks Boulevard to Loaan BOUlevard
Sianiticantlv Imtlacted Intersections are:
5. U.S. 41/Pine Ridae Road
6. Aircort-Pullina Road/Radio Road
7. Airoort-Pullina Road/Golden Gate Parkway
IOllK 000 PI" 193
-,,-
e.
8. Airoort-pullina Road/Pine Ridqe Road
9. Airoort-Pullinq Road/Edaewood Drive
10. Airoort-Pullina Road/Vanderbilt Beach Road
11. Airoort-Pullina Road/Immokalee Road '
12. pine Ridae Road/Goodlette-Frank Road
13. pine Ridae Road/Edaewood Drive
The aODlicant shall mitiqate its imtlac~ 1~ ;~e ;~~~~n:l
and local roadway and intersections ide_t__i__ h_____ _s
follows:
(il The Acclicant shall make the imtlroyements scecified
in 6(al. (bl. and (cl hereof.
(iil The Atltllicant shall be subiect to all lawfully
adotlted transcortation imtlact fees.
(iiil The Atltllicant shall be restlonsible for t~e
construction of Bdaewood Driye from ;~s t.ff:i:::ti :n ~he
southern tlrocerty boundary to au ~i~~~t~~= i~e
intersection imtlroyements needed ~t I;~ ',;,,~;w.i w...~~
Airoort Road. This roadway is e ec - t_ '{'j';:oY~e h~
alternative to and relieve some ~r~ffi; tlress e t
Pine Ridae-Airtlort Road intersect_Q_.
(ivl Atltllicant shall be reauired to make the followina
imtlrovements to Airtlort Road:
(al
When reauested by Collier County T~~~s~~r~a-
tion Detlartment. Atltllicant shall t b te
the necessary funds (atltlroximatelv $:~~O~~l
for desianina siX-lane imtlrovements f e
currently desianed terminus at Couaar Dr~~: ~o
the northern access tloint of pine Air La n
Airtlort Road.
(bl
At the time of issuance of the first :u;;d*~a
tlermit for vertical construction in _i__ r
Lakes. the Atltllicant shall be restlonsibl~ ~~r
contributina (by escrowina with the Co _n_ 1
the necessary funds to siX-lane Airtlort RO:d
from its currently scheduled terminus t
Couaar Drive north to the nort~e:~ ~cc;~s
tloint ot pine Air Lakes on Airoor_ __ad e
actu~l amount of the contribution shal~ :e i~e
full amount necessarv to accomolish h s'-
lane imtlrovements as determined by :C~~~l ~~d
price. In the event that amount ha_ _ b n
determined at that point in time. th~ am~~~t
to be escrowed shall be as estimated by __e
County Transtlortation Detlartment to a~~~:~l~S~
said siX-lane imtlroyements with at ____ _n_
lett turn at Edaewood Drive.
At the time the Countv Transcortation
Detlartment deems a second left turn lane is
warranted on Airport Road at the Edaewood
Drive intersection. AtlDlicant shall i;;:t:~l
said second left turn lane at its extlens_ -nd
contribute the funds necessary for a~y
imDrovements to Aircort Road or the ad;oin! a
canal to accommodate the second left turn
lane. BOOK OOOw., 194
(cl
(dl
said contributions set forth in (al and Cbl
above shall be credited to the Atltllicant. his
successor or assianees. as a road imDact fee
credit. The amount of the credit shall be the
contribution amount less any costs reauired
for the desian or construction of site-related
imtlroyements. For the tlurpose of this stitl-
ulation. site-related imtlrovements shall be
deemed to be any north bound or south bound
turn lanes deemed reauired at each access
tloint to Pine Air Lakes. siqnalization costs
for the intersection of Edqewood Driye and
Airtlort-Pullina Road. and any canal imtlroye-
~ts associated with the pine Air Lakes
tlroiect. Collier County shall aaree to use
said contribution for the sole tlUrDose of the
aboye described six-lane imtlrovements.
(vI The AtlPlicant shall be subiect to the Concurrency
Manaaement System of the County as set forth herein.
f.
The reaional roadway seaments and all intersections with
one exceotion on which this oroiect has sian~~i~~~t
imtlacts are whollY within the iurisdiction of r
County. The sole exceotion is the intersection ~~ Ut~'
41 and pine Ridae Road. The County has ma e
decision to clan for and manaqe the imtlacts of this DRI
throuah its duly adotlted comtlrehensiye olano The COu~~y
has considered the reaional roadway seaments ~ d
reqional roadway intersections set torth in 6~~t ~~~e~~.
includina the U.S. 41-Pine Ridae Road inter~ i d
has determined to require the tlroiect to be subi~ct to
and to comtllv with the Concurrency Manaaement System
CeMSI of Collier County as adotlted in its Growth
Manaaement Plan and imtllemented by the Adeauate
Facilities Ordinance CAPFI Ordinance No. 93-82. : ~~~y
of which is attached hereto as Exhibit "F". Aft r e
consideration of the alternatives. the County has
determined that to reauire comtlliance with concurrency
as mandated bY the eMS. in addition to the other
mitiaation reauired in 6.e. hereof. is the atlorotl~i~~e
way to accommodate the imoacts of this tlroiect and to
assure that transoortation facilities are tlroyided
concurrentl y with the transtlortation imtlacts of this
tlroiect.
a.
The Adeauate Public Facilities Ordinance (APFI reauires
the Growth Manaaement Director to comtllete an Annual
Update and Inyentory Retlort CAUIRI by Auqust 1 of each
Year on roads and public transtlortation facilities based
on the adotlted leyel of seryice. The atltllicant shall
tlroyide within fifteen (151 days of tlublication each
year a copy of said AUIR on the reaional facilities set
forth in 6.d. to the Southwest Florida Reaional Plannina
Council and the Florida Department of Community Affairs
COCAI.
h.
The Board of Countv Commissioners is reauired by the APF
to establish Areas of Sianificant Intluence (ASII around
any road seament or intersection which is otleratina at
an unacceotable level ot service (LOSI or is tlroiected
to otlerate at an unaccetlted LOS and is not scheduled tor
imtlrovement in the Catlital Improvement Element (CIEI of
the Comtlrehensive Plan in a manner and time which would
tlrovide tacilities concurrent with the imtlacts of
deyelotlment pursuant to the APF. proiects within the
boundaries of an ASI are. with tew excetltions not
relevant herein. tlrohibited from obtainina further
nnn 1 nr-:
-~_..,---_...
u..~... '''', .....,
Certiticates of Public Facility Adeauacv that would
allow imtlacts to exceed the remainina ~~a~~~;~ ~; ;~~.
ot these road seaments imoacts to tho i L..t r
tlotentially deficient facilitv. The ~Dtlii~;~t ;hall
notitv SWFRPC and DCA within five ~51 awot~ij: 1::f :f~~r
receitlt of notice of a tlublic hea in! -t' ~_tl--;t~d ~'t
boundaries of any ASI on any f;~ li ie i n
Section 6.d. hereof.
1.
If any of the road seaments identified in this tlaraaratlh
become deficient. the County shal~ ~~~~;~~h :fs:::: ~f
Sianificant Influence around s~~_ ______ D_______ _0
criteria set forth in the APF.
!n addition to the orovisions of the Collier County APF
Ordinance:
i.
(il
The pine Air Lakes Deyelotlment of Reaional
!mtlact is sub1ect to the stlecitic re~~~~~:~~s
of the A:1eauate Public Facilities e
110. 93-62 as that Ordinance existed on M~;; 10.
1994. Any amendment to the tr~rs:;~~~~~~~
tlortions of that Ordinance by C;; i _
shall not be effectiye or atlolied t;; t;; iifI
unless and until this Deyelotlment orct;;r s
amended to incortlorate and render a;;li;;-a~i~
such chanaes or amendments to the P
Ordinance.
(HI
!n the event that Collier County desianate: ~~
AS! around a deficient road seame;'t tha
tlredicted to be substantial Iv i~;;it:f, :: p~~e
Air Lakes. and the AS! does not nut s
DR!. then the atltllicant shall be ~~cr~~~~~ ~o
file a Notice of Chanae of thi~ v e..t
Order with Collier County. the S~~thw~st
Florida Reqional Plannina Council. ~~~ t~e
Detlartment of Community Affairs. tlursu~ t 0
Section 360.06(191. Florida Statutes~
liHI
The atltllicant shall file a Notic: of ~ha~~e
within sixty (601 days from th dat e
County creates an ASI for such a deiici;~t
road seament that excludes the DRI. e
atltllicant shall file with the Notice ~f
Chanae. a current traffic ana;~~t: a~~ ~t~~r
information attemotina to est h a e
DR! is not havinq a substantial imtlact ~~~~
the tlertinent road seament. or 0_..
1ustification for the Countv's exclusi~~ ~f
the DR! from the AS!. !f an AS s
established for any deficient ro;'-d ~~::~t
listed in Paraaratlh 5. d. of this r;';ve t
Order that does not include the pine Air ~k:S
DR!. the DR! shall not aDDlv for or be issu d
any further Certificates of Public Facility
Adeauacv until: (11 the Notice 0: ;~~g:e
decision is made by Collier Countv. i n r
DCA nor SWFRPC tlarticitlates in the Dublic
hearina on this Notice of Chanae Dursu~i~ ~o
Subsection 380.061191 (fl. Florida Sta t s
and the chanae is adotlted bv collier Count~.
as tlrooosed: or (21 until any atltlea~ of :~~~
decision to the Florida Land a d W
Ad1udicatorv Commission is resolved.
Mnr
flnn <, , 1 fln
&r 1.
I"" 1II.
Civl For ourtloses of this Develotlment Order. the
DRI shall be deemed to have a substantial
imtlact UtlOn a deficient road seament if its
traffic imtlacts exceed fiye oercent (5\1 of
the level of seryice "0" tleak hour-tleak season
catlacitv of the roadway.
(vI The County shall tlroyide the reauisite tlublic
notice and hold a tlublic hearina on the Notice
of Chanae as extleditiouslY as tlossible.
Followina a tlublic hearina. Collier County
shall amend the ORI Develotlment Order to
record its determination whether or not the
ORI is havina a substantial imtlact utlon the
deficient road seament or otherwise should not
be included within an ASI for the deficient
road seament. In malcina this determination.
the County shall include the imtlacts resultina
from all deyelotlment to occur tlursuant to the
Certificates of Public Facility Adeauacy
tlreviousl v issued to the DRI. The amendment
to this Oeyelotlment Order is atltlealable
tlursuant to Subsection 360.06(191 and Section
360.07. Florida Statutes.
(yil If neither DCA nor SWFRPC tlarticitlate in the
tlublic hearina on the Notice of Chanae
tlursuant to Subsection 380.06(191 (fl. Florida
Statutes and the chanae is adotlted by Collier
Countv as tlrotlosed. the DRI mav be issued
Certificates of Public Facility Adeauacy
followina the County's Develooment Order
decision. If either DCA or SWFRPC
oarticitlates in the tlublic hearina. the
atlolicant shall not atltllv for or be issued
Certificates of Public Facility Adeauacy until
the deadline for anY aOtleal of the Collier
County decision has extlired tlursuant to
Section 380.07. Florida Statutes and no
atloeal has been filed.
k. Collier County and the atlolicant maY consider other
otltions to tlrovide adeauate commitments for needed
imtlrovements to transtlortation facilities set forth in
6.d. hereof tlrovided that said ootions meet the
followina criteria:
(i I The transtlortation imtlacts to the roads and
intersections outlined herein shall be addressed
consistent with SWFRPC tlolicies and said ootions or
mitiaative measures shall be adotlted in accordance with
Sections 163.3220-163.3243. Florida statutes. which
authorize local aovernment develotlment aareements or as
authorized bv Rule 9J-2.0255. Transtlortation Policy
Rule.
(iil Anv such otltion would be imolemented onlv
after a Notice of Chanae orocedure as outlined above.
All access to individual parcels shall be internal.
Exception to the subdivision Regulations requiring
sidewalks on both sides ot the street shall not be
waived and additional crosswalks may be required and
approved by the County Engineer during the site plan
BUill( 000 PI',~ 1!J7
4f"r n.
review process to join sidewalks at places other than at
intersections.
r-..
Development shall be limited to ~raet. 4T ~ +r &ft4 ~
narcels immediatelv adiacent to Aircort Road until
easements tor Bdgewood Drive are obtained and dedicated
to the County; Bdgewood Drive is constructed; and the
water system is looped in accordance with the utilities
Division's regulations and requirements.
~ develeper shall subllit aft annual Ilenitering repsr~
\Ipeft l'elfUesil ~ <<my ee\inty depar~llent. 'l'I\is reper~
shall he subllitted 4;e 4;fte Cellier Geunty Engineering
gepal'tllent aJld ~ Cellier Ceunty Planning geparaaent
~ re7iev. ~is .9ftiteriA~ reper~ shall Be submitted
&8 e supple.eA. ~ ~ mSAiteriAg reper~ re~ired 4ft AEA
absve. ~ first Ilenitering repel't aay he re~ired &fte
~ ~ after ~ issuanes ~ ~ firsil sertifieates ~
eesupaney ~ Mne AHo LaJees. Rellerts aay he relfUil'ed
annually Uflt..H, buildsut ~ 4;fte llrsjeet. 'Phis repsrt
shall eentain daily pealt fl<>\Ho se!J'llent eeunte ~ ~
leeal reads listed ~ aM t.urning Ilevellents 4;e ~
leeal interaeetisAs listed eeleri.
Leeal Rea4 Se~eBts
~ pifte Ridge Read (SR e9~)
~egaft BeHle~ard te SA 951
.,H,..
Celden Gate Be\i1evard
(future)
U.E. tl te teedlette Fra~( Read Q[~eftded
Ceedlett.e Frail]! Read t.e .AiPjJsrt": Palling Read
~irpel't Pulling Read 4;e Livingstsn Read
Extendad
i-H-r
Celden Cat.s l'ar]ttJay
- ~irpert Pullift~ Read te EaRta Barbara
4YT ~irllert PUlling Head
Immeltalee Read 4;e Ce1den Ga4;e Beulavard
(future)
CeldaR Gate Beule'lara te FiRe Rid,. Read
PiAe Ridge Read "e GeldeR Sa1:.e ParlE"'_"ay
Celden Cats l?ar)nwa}~ 'to Radie Read
- Radie Read ~e Savie Beulevard
Y-r
I..i./iA~ste" Read
(future)
Celden GiH;e Beule",'al'd (future) 4;e Mne Ridge
Read
ril\8 Ridge Read te Calden Cats l?arlRJay
y.i...... Ceedla_t. rran]t Read
- (Jelde" Ga4;e Beule-,'ard (futura) " P!fta Ridge
Reed
Pine Rid,s Read te Gelden Gate Par]F.Jay
Celtlen Gate l'ar]tway i:e Y.!:. 11
~eual IaterssutleD sa".8t.
YH-r
Airpel"t l'ullil\g Read at CaldER Cate l?aF]tVay
800K 000 PI" 198
-Jill. Airpert J?ulliRg Rsad At Radie Rsad
iifT Airper~ Read at Davis Beule.:ard
Jho Airpert P\lllin'il' Read at CeldeR Catte Be1:l1e"."ard
ti-r CaeElletot.e Pral\Jt Read at Celden C:ate ParlF'...ay
H. Paragraph 7, ConClusions of Law, of Development Order
85-5, as amended, is hereby amended to read as tollows.
7. ERVIRONMEJl'l'AL CONSIDERATIONS:
a. A site clearing plan shall be submitted to the
Deyelotlment Services Detlartrnent IIatural Reseurees
Mana'il'ellent Depar~lleA~ &Ad ~ SellllUnity Develepllent
Divisien for their review and approval prior to any
substantial work on the site. This plan may be
submitted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site RlAn layeut
incorporates retained natiye vegetation to the
maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities haye been
oriented to accommodate this goal.
b. Natiye species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted the the Deyelooment Services DeDartment
natu!'al Ressurees Kanagellent Departlllent &Ad ~
eeamunity oe~elepllleAt oivisien for their review and
approval. This plan will depict the incorporation
of native species and their mix with other species,
if any. The goal of site landscaping shall be the
re srea~ieA restoration of native vegetation and
habitat characteristics lost on the site during
construction or due to past activities as much as
practically and economically feasible.
c. All exotic plants, as defined in the Collier County
Land Deyelooment Code, shall be removed during each
phase of construction from development areas, and
preservations areas. Following site development a
maintenance program shall be implemented to preyent
reinyasion of the site by such exotic species.
This plan, which will describe control techniques
and inspection intervals, shall be filed with and
approved by the Develotlment Services Detlartment
natural Reseureell Kanagellent gepartllen1!. aM ~
eelllllunity gevelspIlent Divisien.
d. If, during the course of site Clearing, excavation,
or other constructional activities, an
archaeological or historical site, artitact, or
other indicator is discoyered, all development at
the location shall be immediately stopped and the
Collier County Develotlment Services natural
Reseurees Hana'il'elllent Department be notitied.
Development will be suspended for a sufficient
length ot time to enable the Develotlment Services
lIatural Rese\lrees Managellen1!. Department or a
designated consultant to assess the tind and
determine the proper course of action in regard to
its salvageability. The Develotlment Services
tlat\lral Reseurees Managellen1!. Department will
~nn'
oon o!" 1!m
respond to any such notification in a timely and
etticient manner so as to provide only a minimal
interruption to any constructional activities.
e. The.4 acres cypress wetland and bufter zone be
checked and approved by Develooment Services
DeDartment Natural Ressurees Managellent personnel
prior to any construction in the vicinity ot the
wetlands.
t. As many existing natiye trees and shrubs as
possible be incorporated into the development.
g. The dl!l"Jelepel." DeyeloDer must demonstrate to the
Develotlmmt, Services Detlartment natural Ressurees
Managellent eepartllent that this development will be
in compliance with the water quality regulations as
outlined by DER~ and SFWMD when they return with
their site development plans and, more
specifically, if D~ or SFWMD requires water
quality monitoring of their stormwater run-off,
then Deyelooment Services natural Reseurees
ManagelleRtI Department requests that they receiye
copies of all the data.
l:. Paragraph 8, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
8. UTILITIES
A. Kater and Sewer
1. Central water distribution and sewage
collection and transmission systems will be
constructed throughout the project development
by the develeper Develotler pursuant to all
current requirements of Collier County and the
State of Florida. The proposed water and
sewer facilities will be constructed within
easements to be dedicated to the County for
utility purposes or within platted
rights-of-way. Upon completion of
construction of water and sewer facilities
within the project, the facilities will be
tested to insure they meet Collier County's
minimum requirements at which time they will
be dedicated to the County pursuant to
appropriate County Ordinances and Regulations
in effect at the time dedication is requested,
prior to being placed into service.
2. All construction plans and technical
specifications and proposed plats, it
applicable, for the proposed water
distribution and sewage collection and
transmission facilities must be reviewed and
approved by the Utilities Division prior to
commencement of construction.
3. All Customers connecting to the sewage
collection facilities will be customers of the
County and will be billed by the County in
accordance with a rate structure llnd service
agreement approved by the County. Review of
BOOK fJ(I~PA~!~
the proposed rates and subsequent approval by
the Board of County Commissioners must be
completed prior to activation of the water and
sewer tacilities servicing the project. ~
re'lie~s ~ be 4fl ~ sSllplianee ~ ceunty
Qrllinaflses Ne-r 76 71 &ftd 83 18 65 Elllendell,
rS'lised or superseded.
4. It is anticipated that the ~ &E "aples
County will ultimately supply potable water to
meet the consumptive demand andjer AnQ County
utilities Division will receive and treat the
sewage generated by this project. Should the
~~ &P county system not be in a position to
supply potable water to the project and/or
receive the project's wastewater at the time
development commences, the developer, at his
expense, will install and operate interim
water supply and on-site treatment facilities
and/or interim on-site sewage treatment and
disposal facilities adequate to meet all
requirements of the appropriate regulatory
agencies.
5. An Agreement shall be entered into between the
county and the Owner, legally acceptable to
the County, stating that:
a. The proposed water supply and on-site
treatment facilities and/or on-site
wastewater treatment and disposal
facilities, if required, are to be
constructed as part ot the proposed
project and must be regarded as interim;
thgy shall be constructed to State and
Federal standards and are to be owned,
operated, and maintained by the Owner,
his assigns or successors until such time
as the County's Central Water Facilities
and/or Central Sewer Facilities are
available to service the project. Prier
-tie plaeiFlg .efte vatier t.reat-meA., supply,
&ftd distrisutien Elnd/er sewage
eelleetien, transllissieft eftd treatllent
laeilities ~ servise, ~ develsper
shall susllit ~ ~ Seunty (utility ~
Regulating Beard) .f&P their re'.-ie'~' &ftd
appre'.'al, a sehedule &E ~ rat;ee ~ be
eharged ~ previding prseessed water
Elnd/er se'~'age treatllenll ~ ~ prsjeet
area.
b. t1pon connection to the County's Central
Water Facilities, and/or Central Sewer
Facilities, the OWner, his assigns or
successors shall abandon, dismantle, and
remove from the site the interim water
and/or sewage treatment tacility and
discontinue use of the water supply
source, it applicable, in a manner
consistent with state of Florida
standards. All work related with this
activity shall be performed at no cost to
the County.
BOOK 000 PA~: 201
c. Connection to the County's Central Water
and/or Sewage Facilities will be made by
the owners, their assigns or successors
at no cost to the County within 90 days
atter such facilities become available.
d. All construction plans and technical
specifications related to connections to
the County's Central Water and/or Sewer
Facilities will be submitted to the
utilities Division for review and
approyal prior to commencement of
construction.
e. The owners, their assigns or successors
shall agree to pay all applicable system
development charges at the time that
Building Permits are required, pursuant
to appropriate County Ordinances and
Regulations in effect at the time of
Permit request. This requirement shall
be made Known to all prospective buyers
of properties for which building permits
will be required prior to the start of
building construction.
f. The county, at its option, may lease for
operation and maintenance the water
distribution and/or sewer collection and
transmission system to the project owner
or his assigns for the sum of $10.00 per
year. Terms of the lease shall be
determined upon completion of the
proposed utIlity construction and prior
to activation of the water supply,
treatment and distribution facilities
and/or the sewage collection,
transmission and treatment tacilities.
B. Data required under County Ordinance No.
80-112 showing the availability of sewage
services, must be submitted and approved by
the utilities Division prior to approval of
the construction documents tor the project.
Submit a copy of the approved DER~ permits for
the sewage collection and transmission systems
and transmission systems and the wastewater
treatment facility to be utilized, upon
receipt thereof.
G-r It letter eE es_itllent &eIII ~ G!-ty eE llaples
regarding pstlahle '.'ater servise IIl\i&t, be
sublllitted 4;e ~ Utilities Eli-liaisn ~ ~
eenstruetien deeullents fer the prejeet,
9T Revisien ~estien ~ Water ~upply 4ft ~ PYa
desullentl 4;e indieat.e '.'ater ~upply ~ ~
Si~y af llaples.
BT ~ esnstruetieft dra~inge ~ ~ eft site
\lat.er distributien system ~ indieate 4;ftat.
eennestien 4;e ~ ellisting G!-ty eE naples
water linas ~ eseur ~ Airpert Read. -He
ereeaiRg eE P4fte Ridge Read shall be
peAlitlted. Pre',isisns ~ &lee be made 4;e
~ ~ en site systell dewft Edge~eed Srive 4;e
aoOK OOO"N202
...-.. ..... 'J oJ...
~ nerth right ef ~ay ~ e4 P!fte Ridga Re&d
fer f~~~re leapin, parpeses.
~ Any items within the POD document which
contlict with the above listed stipulations
must be revised accordingly.
GT seetisn ~ Paragraph Dr shall be revised ~
indieate ~ ~ ~ater faeilities eenstrueted
shall be e'med, eperated, efld Ilaintained by
~ G!-ty e4 .'aples &ft aft int.erill basie until
~ Ceunty Water Sewer Distriet begins
previding ~ater ser~ise ~ ~ lands north e4
pine Ridge Rsad.
~ The project develeper Deyelotler shall
cooperate and coordinate with the utilities
Division and Public Works Department on the
installation of the proposed on-site package
sewage treatment plant. The planned utility
improvements for Section 11 pursuant to the
creation ot the pine Ridge Industrial Park
MSTU call for all sewage from Section 11 to be
treated at a central on-site treatment
facility or at an alternate alternative County
Regional Sewage Treatment Facility. Careful
planning will be required to insure an orderly
development and construction of the sever
system and treatment facility to serve this
project and Section 11.
J. Paragraph 9, Conclusions of Law, ot Development Order
85-5, as amended, is hereby deleted in its entirety as follows:
9-r EXBHP'l'IElIlS 'I'Q 'l'HB SUBDIVISIon RECU'~','l'IOn61 pine AHo
!.alles develepllent shall be exempt ~ ~ Sllbdivisien
RelJUlatiensl
a-r
~rtiele ~ Seetien ~
apprsved by ~ Ceunty
~ U.S.9.El.'l'.F.II.Il.h.
Centrel de...iees.
street ft&Ile signs shall be
Engineer, fit. ft8ed ~ me&t.
Manual e4 Uniferll 'l'raffie
br ~rtisle ~ sestien 9B+ Entry signage !laY be
leeeted vithin ~ right ef way eE 4;be dedisated
read~ay. ~Yeh sigAa98 and planting Bhall De
~ved sy ~he caun~y E8~ineer.
6T Artiele ~ ~eetieft ~ ~ re~ire.eft~ ~ plase
per.8fteA. refereftse aenameft8 &Ad permanent eantra!
peints -Nt e t~."ieal ~.ater *J'aI1l8 sever vhere &\left
meAu.ents eeear ~ithin street pa7eaen. areas shall
se .~.ai.J'ed.
8T ~rtiele ~ sestien ~ 8fld G+ street right ef ~ay
aftd ersss seetien shall De &s shewn eft tee~ieft B-8T
I.-lrr
K. Paragraph 11, Conclusions of Law, ot Development Order
85-5, as amended, is hereby amended to read as tollows:
11.
GENERAL CONSIDERATIONS: In the ADA and
Air Lakes" numerous commitments were
applicant to mitigate project impacts.
all of these commitments are listed above
PUD for "Pine
made by the
Many, but not
as conditions.
nnn
1")I"l1'"\'
KA~ 10, l~~"
Conditions:
a. All commitments and impact mitigating actions
provided by the applicant within the Application
for Development Approval (and supplementary
documents) and Pun that are not in conflict with
specific conditions for project approval outline
above are officially adopted as conditions for
approval.
b. The develeper Develotler shall submit an annual
report on the development of regional impact to
Collier County, the Southwest Florida Regional
Planning Council, the Department of Community
Affairs and all affected permit agencies as
required in Subsection 380.06(16), Florida
Statutes.
followed:
Development Order 65-5, as amended, is amended to read as
L. Paragraph 3, the Future Resolution Section, of the
BE IT FURTHER RESOLVED, by the Board ot County Commissioners
of Collier County, that:
1. All commitments and impact mitigating actions provided
by the applicant in the Application for Development
Approval and and SUpplemental documents and the
Application for Public Hearing for rezoning and
Supplemental documents that are not in conflict with
conditions or stipulations specifically enumerated above
are hereby adopted to this Development Order by
reference.
2. The Community Development Administrator shall be the
local official responsible for assuring compliance with
the Development Order.
3. This Development Order shall terminate ~ ~ fourteen
llil. years and six (61 months from the date of the
Deyelopment Order 4e adep~ed. ::s effective (~~~~l ;5~
;~66~h The tlroiect buildout ~~_ sa~a~ b~ ~~~ .!'~~: dai-
~~ ~~~ Deyelotlment Order :L_ in __ L n _i!___ __ t _ ~
October 15. 2000.
4. The applicant or their successors, in title to the
subject property shall submit a report annually,
commencing one 11l year from the effective date of this
de'/elepllentl Ol'ilep Deyelooment Order, to the Board of
County Commissioners of Collier County, the Southwest
Florida Regional Planning Council, and the Department of
Community Attairs. This report will contain the
information required in Section 9B-16.25, Florida
Administrative Code. Failure to submit the annual
report shall be goyerned by subsection 360.06(16),
Florida Statutes.
5. Subsequent requests for development permits shall not
require further review pursuant to Section 380.06,
Florida Statutes, unless it is tound by the Board of
County Commissioners of Collier County, after due notice
and hearing, that one or more of the following is
present:
MnJ
om.,.. ?fl..
a. A substantial deviation trom the terms or
conditions of this de',elspllsflt ereer Develol)1ltent
Order, or other changes to the approved development
plans which create a reasonable likelihood of
adverse reqional impact or other regional impact
which were not evaluated in the review by the
Southwest Florida Regional Planning council; or
b.
An expiration of
this develep.eft~
provided herein.
Upon a finding that either ot the above is present, the
Board of Cour.ty Commissioners of Collier county shall
order a termination of all deyelopment activity until
such time as a new DRI Application for Development
Approval has been submitted, reviewed, and approved in
accordance with section 360.06, Florida Statutes.
the period of effectiveness of
erder Deyelotllllent Order as
6. The approval granted by this Development Order is
limited. Such approval shall not be construed to
obviate the duty of the applicant to comply with all
other applicable local or state permitting procedures.
7. The definitions contained in Chapter 380.06, Florida
statutes, shall control the interpretation and
construction of any terms of this Development Order.
S. That this Order shall be binding upon the deyeloper,
assignees or successors in interest.
9. It is understood 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 posses any of the powers and duties of any
referenced qovernmental agency in existence on the
effective date of this Order.
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 ot competent
juriSdiction, such decision shall in no manner effect
the remaining portions ot this Order which shall remain
in full force and effect.
11. This resolution shall become effective as provided by
law.
12. Certified copies ot this Order are to be sent
immediately to the Department of Community Atfairs and
Southwest Florida Regional planning Council.
13. Pursuant to ~380.06(151 (cI3.. Florida Statutes. this
Dr01ect shall be exemtlt from down-zonina or intensity
reduction tor a tleriod of ten (101 years from the date
or the adoDtion or this amended Oevelocment Order.
Sub1ect to the conditions and limitations ot said
section ot the Florida Statutes. Drovided tlhvsical
develotlment commences within five (51 vears.
8BC'l'IOH TWO I FIHDIXGB OJ' J'AC'l'
A. That the real property which is the subject of the
Substantial Deviation ADA is leqally described as set
torth in Exhibit A, attached hereto and by reference
made a part thereof.
.'.v nOn",?fll;
HAY 10, 1994
The application is in accordance
380.06(19), Florida statutes.
C. The applicant submitted to the County a Substantial
Deviation ADA and sUfficiency responses known as
composite Exhibit B, and by reterence made a part
hereof, to the extent that they are not inconsistent
with the terms and conditions of this order.
B.
with
section
D. The applicant proposes the development of pine Air Lakes
on 14 8.99 acres ot land in Collier County tor
residential, recreational and open space uses.
The proposed changes to the
Development Order are consistent
recommendations of SWFRPC.
F. A comprehensive review of the impact generated by the
proposed changes to the previously approved development
has been conducted by the County's departments and the
SWFRPC.
E.
previously approved
with the report and
G. The development is not in an area designated an Area of
Critical state Concern pursuant to the provisions of
Section 380.06, Florida statutes, as amended.
SBCTIOX THREEI COJlCLUSIOXS OF LAW
A. The proposed changes to the previously approved
Development Order do not constitute a substantial
deviation pursuant to Section 380.06(19), Florida
statutes. The scope of the development to be permitted
pursuant to this Deyelopment Order Amendment includes
operations described in the Notice ot Change to a
Previously Approved DRI, Exhibit B, attached hereto and
by reference made part hereof.
B.
The proposed changes to the
Development Order are consistent
recommendations of the SWFRPC.
previously approved
with the report and
C. The proposed changes to the previously approved
development will not unreasonably interfere with the
achievement of the objectives of the adopted state Land
Development Plan applicable to the area.
O. The proposed changes to the previously approved
development are consistent with the Collier County
Growth Management Plan and the Collier County Land
Development Code adopted pursuant thereto.
E. The proposed changes to the previously approved
development are consistent with the State Comprehensive
Plan.
8BCTIOX FOURI EFFEC'l' OF PREVIOUSLY ISSUBD DBVELOPKENT ORDER,
'rRAIISXITTAL TO DCA AND BJ'J'BC'l'IVB DATB
A. Except as amended hereby, Development Order 85-5 shall
remain in tull torce and ettect, binding in accordance
with its terms on all parties thereto.
B. Copies ot this Development Order 94- shall be
transmitted immediately upon execution to the Department
of Community Affairs, Bureau of Land and Water
Management, and the Southwest Florida Regional Planning
Council.
,..,,,,
~n('
HAY 10. 1994
c. This Development Order shall take eftect as provided by
law.
BE IT FURTHO RESOLVED that this Resolution be recorded in
the .inutes of this Board.
c01IOIi..ioner c::."."Aa"'.
ottered the toregoing
Norris
Resolution tor Adoption, seconded by commissioner
and upon roll call, the vote was:
AYES: commissioner Saunders, commissioner Norris, commissioner
Volpe, Commissioner Matthews and Commissioner constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
,< oMI" I~tis 10th
, A'rl'EST: ' ,. .....
:;. DWIGHT E. 'BROCK,
'''": . .t-.
:: "By:
..'" . ..
'" .. :'r
~. . ~~.
~.' AS- TO FORK AND
LEGAf,!! SuFFICIENCY:
~O~~<~'. ~~o.g;.J,',d
ASSISTANT COUNTY ATTORNEY
DOA-94-1/md/12361
day
Ma
, 1994.
SSIONERS
~t~
INE, CHAIRMAN
co