Resolution 1991-335/DO 91-4
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RESOLUTION NO. 91- 335
OEVELOPMENT ORDER NO. 91-~
APRIL 23, 1991
A CORRECTIVE RESOLUTION AMENDING PARAGRAPH
5, TRANSPORTATION, AND PARAGRAPH 6, VEGETA-
TION AND WILDLIFE/WETLANDS, OF DEVELOPMENT
ORDER NO. 91-), AS ADOPTED BY RESOLUTION
NO. 91-207 FOR THE COLLIER TRACT 22
DEVELOPMENT OF REGIONAL IMPACT AS REQUIRED
BY THE SOUTHWEST FLORIDA REGIONAL PLANNING
COUNCIL AND DEPARTMENT OF COMMUNITY AFFAIRS
WHEREAS, on February 26, 1991, the Board of County
Commissioners of Collier County, Florida, adopted Resolution
Number 91-207 approving Development Order Number 91-) for the
Collier Tract 22 Planned Unit Development as a development of
regional impact; and
WHEREAS, following the adoption of said Resolution and
Development Order, Collier County Planning Staff was advised
by the Southwest Florida Regional Planning Council and the
Department
of Community Affairs that
the language of
Paragraph 5., "Transportation", and Paragraph 6, "Vegetation
and Wildlife/wetlands", was insufficient and in need of
further clarification;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, that Paragraphs
5., "Transportation", and Paragraph 6. "Vegetation and
Wildlife/Wetlands", of Development Order 91-) as adopted by
Resolution 91-207, are hereby amended to read as follows:
5.
TRANSPORTATION:
The applicant or his successor shall
Adeguate Public Facilities Ordinance
transportation related impacts on all
be subject to the
No. 90-24 for all
impacted roadways.
A. The applicant or his successor shall be fully
responsible for site-related roadway and
intersection improvements required within the
Collier Tract 22 DRI. The applicant shall be
required to pay the full coast 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 or the Florida Department of Transportation
(FOOT) for the project's access intersections onto
Words underlined are additions; Words ~er~ek-thre~9h are deletions.
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APRIL 23 1991
Immokalee Road (C.R. 846) and U.S. 41.
B.
Adequate commitments to provide the necessary
transportation improvements, including design and
engineering, utility relocation, right-of-way
acquisition, construction, construction contract
administration, and construction inspection
necessary to maintain ann~a~ average peak hour,
peak season level of service 0 for the following
significantly impacted regional roadways through
project buildout in 1995:
Regional Roadways
1). U. s. 41
Southern Project Entrance to Immokalee Road
(C.R. 846).
2). Impacted on a daily basis - included for
monitoring purposes only
1 Airport Road (C.R. 31) - trom Vanderbilt
Beach Road (C.R. 862) to Pine Ridge Road (C.R.
896) .
C.
Adequate commitments to provide the necessary
improvements, including but not limited to,
right-of-way, cost of signalization, turn lanes,
and other improvements deemed necessary by FOOT or
Collier County, or other appropriate jurisdiction,
to maintain level of service 0 on an ann~ai average
peak hour, peak season basis for the following
significantly impacted off-site regional
intersections through project buildout:
1). U.S. 4l/Immokalee Road (C.R. 846)
2). Immokalee Road (C.R. 846/Goodlette-Frank Road
(C.R. 851)
3). Immokalee Road (C.R. 846)/Vanderbilt Beach
Road (C.R. 862)
D. The timing for the initiation of the improvements
outlined in liB" and "c" above shall be made at the
time that a road segment or intersection is
projected by the DRI monitoring report mentioned
below to exceed peak hour, peak season level of
service 0 on an an~ttai average basis. Service
level determination shall be made by Collier
County. To determine the existing levels of
service on regional facilities and the need for
improvements in a timely manner, the applicant
shall submit an annual monitoring report to Collier
County, FOOT and the Southwest Florida Regional
Planning Council for review. The first monitoring
report shall be submitted one year after the
issuance of the first construction permits for the
Collier Tract 22 DRI. Reports shall be submitted
annually thereafter until buildout of the project,
and at a minimum, shall contain turning movements
at each of the access intersections and the
regional intersections listed above in "C", and a
calculation of the existing level of service at
these intersections and on the road segments
indicated above in "B".
The levels ot service shall
to current professional
provide an indication Qf
season level e~ Q! service
be calculated according
standards and should
when peak hour, peak
o on an annttai average
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APRIL 23. 1991
basis is expected on impacted roadways and
intersections. It will provide updated information
to more accurately forecast project buildout
traffic and total traffic for determination of
proportional share.
E. Based on the staff transportation assessment of
significant project impacts, construction of the
following transportation improvements shall be
needed prior to, or coincident with, development of
the Collier Tract 22 DRI, if o~n~oi average peak
hour, peak season level of service 0 conditions are
to be maintained through buildout (1995) on
regional road segments and intersections.
Reglonal Roadways
1). U.S. 41
- Southern Project Entrance
to Immokalee Road (C.R. 846) Widen to 6L
2). Impacted on a dally basis -
Included for monitoring purposes.
- Airport Road (C.R. 31 - Vander-
bilt Beach Road (C.R. 862) to Widen to 6L
Pine Ridge Road (C.R. 896)
F.
Development Order options may be considered by
Collier County and the applicant to the extent that
the options provide adequate commitments for
improvements indicated above to
significantly-impacted regional roadways and
intersections. Wha~eve~--o~~~o~~--o~e--e~e~ei~ed,
heweve~T-~he~ld-ce-de~e-~i~h-~he-~~de~~~a"di"g_~hae
~he-felle~i"9-eendieion~-~ha~%-ce-Mee~
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If annual monitoring reports confirm that peak hour
traffic on the regional road segments and
intersections above exceed the level of service
standards adopted by the county and the project is
~~*ii~i"g oroiected to utilize more than 5\ ~
~ of the level of service ~ capacity, then
further building permits and certificates of
occupancy shall not be granted until the level of
service standards of the County's concurrency
management system have been met, in accordance with
the County's Adeauate Public Facilities Ordinance.
t~TH..
The transportation impacts 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
pipe lining of the regional road improvements shall
be in accordance with Section 163.3220 F.S. which
authorizes a Local Government Development Agreement
and a commitment by the applicant and/or the local
government to insure concurrency on all
significantly impacted regional roads.
6. VEGETATION AND WILDLIFE/WETLANDS:
A. At least 50 acres of gopher tortoise habitat
conservation/preserve shall be shown on the final
plat approval by Collier County. These areas are
shown on exhibit "C", upland preserve.
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Words underlined are additions; Words s~r~ek-~h~oHgh are deletions.
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APRIL 23, 1991
B.
The gopher tortoise preserve area shall be labeled
a conservation/preserve area on all site plans and
recorded as a separate easement where appropriate.
C.
The applicant shall provide a gopher tortoise/scrub
habitat management plan, prior to construction, for
approval by Collier County, Southwest Florida
Regional Planning Council and the Florida Game and
Freshwater Fish Commission. The management plan
shall include a detailed management authority, a
construction schedule with provisions for assuring
onsite protection of gopher tortoises during
construction (i.e., by fencing or relocation, or
temporary holding areas), and a monitoring program
designed to determine management success.
D.
The applicant shall document and report to Florida
Game and Freshwater Fish commission all active and
inactive gopher tortoise burrows by individual
parcels within the upland preservation parcels,
every three years beginning one year after
construction of the golf course until project
buildout. If tortoise burrows are absent from the
preservation parcels, the applicant shall be
required to purchase an equal acreage offsite or in
a regional mitigation park, subiect to the aooroval
of the Florida Game and Fresh Water Fish
Commission.
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E.
Removal and ongoing control of exotic species
throughout the project site.
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Preservation
Agriculture
preservation
plants, to the
F.
of all Florida Department
listed plant species and
is not possible relocate any
maximum extent practical.
of
where
listed
1
G.
cabbage palms for landscape purposes
they cannot be preserved at existing
Relocation of
on site when
locations.
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H.
Mature pines will be preserved, in small stands or
as individual trees wherever possible throughout
the development. Special attention will be given
to preserving mature pines where practical in
association with the Cocohatchee River corridor.
1.
The applicant shall comply with the Collier County
Tree Preservation Ordinance (88-88) for each phase
of the project.
J. Any activities involving sovareignty, submerged
land below the mean/ordinary high water line of the
Cocohatchee river shall require prior authorization
from the Governor and Cabinet sitting as the Board
of Trustees of the Internal Improvement Trust Fund,
pursuant to Chapter 253, Florida Statutes, and
FDNR's recommendation relative to this DRI shall
not be construed as approval for any uses of
sovereignty, submerged lands below the
mean/ordinary high water line of the Cocohatchee
River.
K.
All commitments made by the applicant within the
ADA related to Question 16 (wetlands) and 18
(vegetation/wildlife) and sufficiency round
information, and not in conflict with the above
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APRIL 23, 1991
recommendations, shall
conditions for approval.
BE IT FURTHER RESOLVED that this Resolution be recorded
be
incorporated
as
in the minutes of this Board.
Commissioner
offered
the
~h:lM;:!h;m
foregoing Resolution and moved for its adoption, seconded by
Commissioner
H;::l,c;~p':
and upon roll call, the
vote Was:
AYES: Commissioner Shanahan, Commissioner Hasse, Commissioner Volpe,
Commissioner Saunders, and Commissioner Goodnight
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
23rd
day of
Apr il
, 1991.
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'ATTEST:
. JAMES C.' GILES, CLERK
ro': ,:..
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:~~~~n ~
PATRICIA ANN GOODNIGHT, HAIRMAN
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,.; 'PROVED AS.<:i FORM ' AND LEGAL
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ASSISTANT COUNTY ATTORNEY
SUFFICIENCY:
DRI-90-1 RESOLUTION
nb/5487
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Words underlined are additions; Words e~r~ek-~hre~gh are deletions.
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