Ordinance 94-25 ORDINANCE 94- 2__5
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE ~
UNINCORPORATED ~a~EA OF COLLIER COUNTY, "~"
FLORIDA BY ~34ENDING THE OFFICIAL ZONING
ATLAS MAP(S) NUMBERED 9511N AND 9511S BY
~ CHANGING THE ZONING CLASSIFICATION OF THE~
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
W~ TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS PINE AIR LAKES, FOR PROPERTY LOCATED
NORTH OF PINE RIDGE ROAD (CR 896) AND
<'/~/~1~%%~? WEST OF AIRPORT-PULLING ROAD (CR 31), IN
SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 148.99i ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 85-67, AS
AMENDED, THE FORMER PINE AIR LAKES PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
~'
WHEREAS, Robert J. Gray of Strategic Planning G=oup,
Inc., representing Naples Associates Limited Partner~hi~
petitioned the Board of County Commissioners to change e
zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real
property located in Section 11, Township 49 South, Range 25
East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document,
attached hereto as Exhibit "A" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map(s) Numbered 9511N and 95118, as described in Ordinance
Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
Ordinance Number 85-67, as amended, known as the Pine
Air Lakes PUD, adopted on November 12, 1985 by the Board of
County Commissioners of Collier COunty is hereby repealed in
its entirety.
This Ordinance shall become effective upon receipt of
notice from the SeCretary of State that this Ordinance has
been filed wi~h the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~day of
_~// , 1994.
....
ATTEST:. ~ ~,.," ]' BOARD OF COUNTY COMMISSIONERS
DWIGHT'~.'~BRpCKi;' CLERK COLLIER COUNTY, FLORIDA
o~e' ... .:' . <=' .
'/?'V.-~,-,-,-.-. n~. ,z:~,..~,,,
IO. IUOI~I:E M,
ASSISTANT COUNTY ATTORNZY
Ih/11185 *~! *ok7 t
PINE AIR LAKES
A
PLANNED UNIT DEVELOPMENT
BY
NAPLES ASSOCIATES LIMITED PARTNERSHIP
AMENDED BY:
YOUNG, van ASSENDERP, VARNADOE & BENTON, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 33963
ORIGIN~,L ORDINANCE NUMBER 85-~7
DATE ISSUED .. 11/12/8~
DATE APPROVED BY CCPC
DATE APPROVED BY BCC 5/xo/~4
ORDINANCE NUMBER 94-25
TABLE OF CONTENTS
Propcrly Ownership and DcscrilXion Scclion I
Slalemcnt of Complhncc Section II
Pwjca Dcvcl~ Section
Office Section W
Mixed Use CommerciaYS'hopping Center Section V
Lake/Open Space Section VI
Dcvclopmen~ Standards Section VII
UtiliP/Scrvtcu Section VIII
PUD Master rhn Ex~'bil "A'
Legal Description F.,~hibit
IIII
PROPERTY OWNERSHIP AND DESCRIPTION
SECTION I
1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be developed under
the projcct name of Pine Air Lakes.
1 .(]2 INTRODUCTION It is the intent of Naples Associates Limited Partnership, a Michigan
Limited Partnership (hem and after to bc called Applic~,nt) to establish a Planned Unit
Dcvelopment on approximately 150 acres of properly located in northwest Collier County,
Florida.
1.03 NAME The development will he known as Pine Air Lakes.
1.04 pROPERTY OWNERSHIP The subject propcn!t is currently under the ownership of:
Naples Associates Limited Partnership
1533 North Wo<xlward Avenue
Suite 340
Bloomfield ttills, Michigan 48304
1.05 UNIFIED CONTROL The property being submitted for re'zoning is under the unified
control of Naples Associates Limited Partnership.
1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in
northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete legal
dcscriplion is sct forth in Exhibit 'B".
1.07 GENERAL LOCATION
A. The subject property is west of and contiguous to Airport Road, parallel to and
approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet
west, the boundary jogs south then west again approximately 1,300 feet, parallel
Io Pine Ridge Road.
B. Four (4) accesses to the development will bc provided as conceptually depicted
on Exhibit "A". Three (3) entrances will have access from Airport Road and one
(I) access will he from Pine Ridge Road, taking advantage of the existing
Edgewood Drive. Pine Ridge Road is scheduled to be the primary access into
western Collier County from Interstate 75. Regional access to the Pine Air Lakes
development will he via Interstate 75 and Pine Ridge Road Interchange and
Airport Road Transportation Corridors.
1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised
of has an average elevation of plus I0.0 feet above sea level.
2
1.09 ~ The Pine Air Lakes site is composed or five (5) soil types as
identified by the U.S.D.A. Soil CorL~rvation Service in their report titled, '~;fi~a. IZ¢~
The ~ite is primarily composed of Keri Fln¢ Sand approximately forty-rive percent (45%) and
Charlotte Fine Sand approximately eighteen percent (18%). The At-loll Fine Sand, Cypres,~
Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven
percent (37%) or the Pine Air Lakes PUD ~tite. The Ochopee Fine Sand Mart (shallow phase)
i.~ characterized by a ~hallow depth to rock which i.~ typified by it.~ exposure in the roadway
swale along Pine Ridge Road (south of the project site).
1.10 V- The site area has been historically stripped of native
vegetation and utilized for agricultural and horticultural purposes. The only remaining native
vegetation exisu in the c/press head areas, (this has been designated "S.T." by the County
Environmentalist), approximately in the center of the southern property line. The cypress
("S.T.") area will be left in its natural state under the proposed Pine Air Lakes PUD Master
Plan. The historical agricultural uses of the property supports a request for waiver of the
Environmental Impact Statement (E.I.S.) commonly required by County Ordinance No. 77-66.
The request for a waiver has been filed with the County Environmentalist. NOTE: See
Benedict's Letter.
1.11 ~. A minimum of thirty percent (30%) or total acres shall be provided.
(44.7 acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open
Space. The open space to he within the developed parcels along with the S.T. and Lake/Open
Space parcels will either meet or exceed the required acreage.
STATEMENT OF COMPLIANCE
SECTION II
2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Planned
Unit Development compliance with the Collier County Comprehensive Plan.
2.0'2 STATEMENT OF COMPLIANCE The development of approximately 150 acres of
property in northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range
25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the
planning and development objectives of Collier County.
A. This project is a Development of Regional Impact that predates the adoption of
the 1989 Growth Management Plan for Collier County. As such, it was deemed
to have vested zoning rights through the Zoning Re-evaluation Program described
in Policy 3.1K of the Funam Land Use Element.
B. Properties that have been found to have vested zoning rights arc deemed
consistent with the Future Land Use Element (reference Policy 5.9, FLUE).
Policy 5.1 or the Future Land Use Element allows changes to such projects,
provided the intensity of development is not increased.
C. The elimination of 323,600 square feet of commercial development will decrease
the intensity of development and lessen the impacts of the project on County
facilities.
PROJECT DEVELOPMENT
SECTION III
3.01 PURPOSE The purpose of this section is to delineate and generally describe the project
plan of development and general conditions of the Pine Air Lqkcs Project.
3.02
A. Regulations for development of Pine Air Lakes shall be in accordance with the
contents of' this document, PUD- Planned Unit Development District and other
applicable sections and parts of the 'Collier Co,lnty Land Development Code,"
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code.
3.0~3 TRACT DEVELOPMENT
The development or separate tracts shall comply with Article 3. Division 3.2 of the
Collier County Land Development Code, when applicable.
3.04 PROJECT PI.A~ AND LAND USE PARCELS
A. The project plan including the location of roadways, general circulation, and the
land use is iljustrated graphically and conceptually on the PUD Master Plan
(Exhibit "A").
B. Areas iljustrated as Lakes/Open Space on Exhibit "A" are iljustrative only, and
are subject to teloration and reconriguration. These areas may bc constructed as
lakes or open space. A portion of the lakes may be constructed as shallow.
intermittent dry depressions for water detention purposes.
C. In addition to the various areas shown on Exhibit 'A', such easements (utility.
private, semi-public, etc.) shall be established within or along the various tracts
as may be necessary or deemed desirable for the service, function or convenience
of the project users.
3.05
A. All parcels within the Pine Air Lakes development adjacent to interior roads shall
provide a minimum fifteen (15) foot wide landsca~ strip buffer. (Excluding
parcels designated Lakcs/Or~n Space.)
B. A minimum buffer fifteen (15) feet wide will be provided along all parcels
(except Lake/Open Space parcels) which are adjacent to surrounding land
presently zoned industriallcommercial. A minimum twenty (20) foot buffer will
be provided along Airport Road.
,00, f f3 ,,..,. 138.
C. All other buffers shall meet the minimum standards of the Land Development
Code in effect at the time of development of the parcel.
D. No parking, outside display signs, or other structures shall be located within
bu ffc rs.
3,06 .... The S.T. zoning overlay is removed
and the approxima|e !.8 acres of wetlands shall be preserved as a separate tract or easement,
with protective covenants. An avenge twemy-five (25) foot setback will be provided around
the wetlands area.
No parking, outside displays, signs or structures shall be located within the setback around the
wetlands area.
3.07 ~ The Pine Air Lakes PUD is divided into two (2) phases,
one north and one south of Edgewood Drive. An exact time schedule for such a phasing plan
can be no more than a rough estimate depending upon future economic factors.
3.08 ~ The provisions of Article 3, Division
3.3 of the Collier County Land Development Code shall apply to the development of platted
tracts or other parcels of land prior to issuance of a building permit or other development order.
3.09 ~:~~[~L~~ Minor variations in acreage, roadway, lakes
and tract boundaries. as shown on PUD Master Plan shall be permitted at final design to
accommodate topography. vegetation, and other site conditions.
Minor variations shall be defined as in the Land Development Code in effect at the time such
variation is requcsted.
OFFICE
SECTION IV
4.01 ~. The purpose of this gction is to indicate the development plan land
regulations for any part of the sile to be developed for office uses.
4.02 ~:,D USI:~S AND STRUCTURF. LS. No building or s{ructure or part thereof shall
be erected, altered, or used, or land or water used, in whole or in part for other than the
following:
4,03 PERMITTED PRINCIPAL US 'E,S AND STRUCTURES
1) Business and professional offices; banks; financial institutions.
2) Churches and other places of worship; civic and cultural facilities; colleges,
universities and schools.
3) Funeral ttomes.
4) }tomes for the aged; hospitals; hospices and sanitoriums.
5) Medical laboratories; medical clinics; medical offices for humans; mortgage
brokers; museums.
6) Parking garages and lots; private clubs.
7) Real estate offices; research design and development activities; rest homes;
convalescent centcn; and nursing homes.
8) Laboratories, provided that:
(a) No odor, noise, etc., detectable to normal senses from off the premises
are generated;
(b) All work is done within enclosed structures; and
(c) No product is manufactured or sold, except incidental to development
activities.
9) Transportation, communication and utility offices - not including storage of
equipment.
10) Any professional or commercial use which is comparable in nature with the
foregoing uses and which the Development S~rviccs Director determines to be
compatible in the district.
4.04 PERMITFED ACCESSORY USES AND STRUCTURES
I) Accessory uses and structures cuStomarily associated with uses permitted in this
district.
2) Caretaker's residence.
3) Multi-story parking.
4) Water management structures and facilities.
4.05 REGULATIONS
4.05.1 General - all yards, setbacks, etc., shall be in relation to the individual
parcel boundaries.
4.05.2 Minimur~ Parcel Area - Twenty thousand (20,000) ~quare feet.
4.05,3 l~nimum Parcel Width - One hundred (100) feet.
4.05.4 Minimum Yard Re~uiremem~ - abutting the roadway within the Pine Air
Lakes Development and Airport Road to the west of the development shall
be front yards.
a) Front Yard - Twenty-five (25) feet.
b) Side Yard - Fifteen (15) feet with unobstructed passage from front
to rear yard.
c) Rear Yard - Fifteen (15) feet.
d) Minimum Yard Requirement From Any Residentially Zoned or
Use Property: Twenty-five (25) feet.
4.05.5 Maximum Heieht
Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over
a maximum of two (2) levels of parking.
Ten (10) stories or one hundred (I00) feet, whichever is greater over two (2)
levels of parking may be approved through Site Development Plan Approval and
by the Planning Commission.
4.05.6 Minimum Floor Area of StructureS - One thousand (1,000) square feet per
building on the ground floor.
4.05.7 Minimum Distance Between Structures - Thin'y (30) feet or one-half (I/2)
the sum of the height, whichever is greater.
4.06 SIGNAGE As permitted or required by the [.and Development Code in effect at the time
a permit is requested.
4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PAII.KIH.G_A~ADIHG
~ As permitled or required by the Land Development Code in effect at the
time a permit is re, quested.
4.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Co<le in effect at the time a permit is requested.
4.09 MINIMUM LANDSCAPE/BUFFER ARE,~, Defined in Section 3.05 of this document.
REGIONAL COMMERCIAL
SECTION V
5.01 PURPOSE The purpose of this section is to indicate the development plan land
regulations for the areas designated on Regional Commercial. In order to ensure that regional
telall is achieved, there will he three (3) individual retail uses with a minimum of 70,000 square
feet of gross leasable area (OLA) each. These three uses, along with a majority of the
commercial uses shall be restricted to uses herein which also would be within Division G,
Standard Industrial Classification ManVa[, 1987 publication.
5.02 PERMI'ITED USES AND STRUCTURES No building or structure, or part thereof,
shall be erected, altered or used, or land or water used, in whole or in part, for other than the
following.
5.03 PERMITT'ED USES The following uses are expressly permitted when done in
accordance with the general intent of this ordinance:
(a) Antique shops; appliance stores; art galleries; an studios; art supply shops;
assembly in enclosed building; auction house; automobile pans stores; automobile
service stations with repairs in enclosed building; automobile sales within
enclosed building. and not involving outside display or storage; alcoholic
beverage sales, including sales for consumption on or off the premises.
(b) Banks and financial institutions; barber and beauty shops; bath supply stores;
bicycle sales and services; blueprint shops; boat sales - with inside storage;
bookbinders; book stores; business (i.e. xerox) machine services; bakery shops,
including baking only when incidental to retail sales from the premises; business
of~ccs.
(c) Carpet and floor covering .sales which may include limited storage (not to exceed
50% of retail sales area); enclosed car washes; clothing stores; cocktail lounges;
commercial recreation uses - indoor; commercial schools; communications
services and equipment repair; confectionery and candy stores; churches and other
places of worship; civil and cultural facilities; colleges, universities and schools;
child care centers; convalescent centers; children's homes.
(d) Department stores; dry goods stores; drapery shops; delicatessens; drug stores;
dry cleaning - collecting and delivering only. (Minimal on-site pressing and
spotting permitted).
(e) Electrical supply stores; equipment rentals - including lawn mowers. power saws,
etc. without outside storage and display; employment agencies.
(f) Fish markets (retail); florist shops; fraternal and social clubs; funeral homes;
furniture refinishing; furniture stores; furrier shops.
5
Garden supply stores, which can include outside displays, gift shops; glass and
mirror sales; gourmet shops; gunsmhhs.
(h) Hardware stores; hat cleaning and blocking; health food stores; hobby supply
stores; hospitals and hospices.
(i) Ice cream shops; ice sales (not including ice plants).
(j) lcwclry stores.
(k) Kitchen wear shops.
(I) Laundries; lawn maintenance shops no outside maintenance; leather goods;
legitimate theaters; light matmfacturing or processing (including food processing,
but not slaughter house). Packaging or fabricating in completely enclosed
building. Linen supply shops; liquor stores; and locksmiths; lithographing;
laboratories; provided no odor, noise, vibrations or other nuisance detectable to
normal senses from off the premises are generated.
(m) Marinas; markets - food of every type; medical office and clinics; millinery
shops; miscellaneous uses such as mail express office. telephone exchange;
motion picture theaters; motorcycle sales and service; museums; music stores;
mortgage broken; motels; meat. fish and poultry markets.
(n) Newspaper stores.
(o) Office supply stores.
(p) Paint and wallpaper stores; parking garages (enclosed); pest control service; pet
shops; pet supply shops; photographic equipment stores; plumbing shop;
plumbing supplies; pottery stores; poultry markets; printing; publishing or similar
establishments; private clubs; professional offices; post offices.
(q) Quilt shop.
(r) Radio and television stations and transmitters; radio and television sales and
services; interior non-dcslructivc and dcstgn labs; rest homes; restaurants
including fast food restaurants with drive through window service; real estate
offices; research, design and development planning facilities.
(s) Service establishmenu catering to commerce and industry; sign company; sign
painting shops; shoe repair; shoe stores; shopping centers (including regional
facilities); souvenir stores; stationery stores; supermarkets; swimming pool
maintenance shops; sanitoriums; schools.
(t) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops. toy shops,
tropical fish stores; transportation terminals without outside storage of vehicles
or equipment; taverns.
(u) Upholstery shops.
(v) Variety stores; vehicle rtntals; vc~rinaHan offices and clinics - no outside
kennels; vocational, Icchnical, trade or industrial schools.
(w) Water bed sales.
(x) X-ray clinics.
(y) Yacht salts.
(z) Any other commercial, which is compatible in nature with the foregoing uses and
which the Development Services Director determines to be consistent with the
purposes of the district.
(aa) All uses allowed in Section IV.
5.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures
customarily associated with uses permitted in this district:
1 ) Caretaker's residence.
2) Water management structures and facilities.
3) Customary accessory uses and structures.
5.05 ~
5.05.1 ~ - All yards, setbacks, etc.. shall be in relation to the individual
parcel boundaries. There shall be no outside overnight storage or display
on any parcels in this section.
5.05.2 Minimum Parcel Area - As determined at the time of Preliminary Site
Development Plan review.
5.05.3 Minimum Parcel Width - As determined at the time of Preliminary Site
Development Plan review.
5.05.4 Minimum Yard Retirements - The parcel sides abutting the roadway
within the Pine Air Lakes Development and Airport Road to the west of
the development shall he front yards. Those parcels shall conform to the
minimum yard requirement of page 4.2. Section 4.05.4 of the document.
All olhcr parcels in this section will conform to the following:
a) Front Yard - Twenty-five (25) feet.
b) Side Yard and Rear Yard - None or a minimum of five (5) feet with
unobstructed passage from front to rear yard.
c) Other parcel boundaries fifteen (15) feet.
5.05.5 Maximum Height - Thr~e (3) stories or thirty-five (35) feet, whichever is
greater.
5.05.6 Minimum Floor Area of Princival Structures - One thousand (1,000)
squar~ feet per building on th~ ground floor.
5.05.7 Minimum Distance B,~ween Structures - Same as ¢ide yard setback.
5.06 SIGNAGE A.s permitted or required by the Land Development Code in effect at the tirnc
a permit is requested.
5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING
~ As permitted or required by the Land Development Code in effect at the
time a permit is requested.
5.08 MINIMUM LANDSCAPING REO UIREMENTS As permitted or required by ~e Land
Development Code in effect at the time a permit is requested.
5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this document.
LAKE/OPEN SPACE
SECTION VI
6.01 pURPOSE The purpose of this Section is to indicate the development plan land
regulations for the arras to be utilized for Lakes/Open Space.
6.02 PERMITTED USES AND STRUCrLrRES Nobuilding or structure orpart thereof, shall
be erected, altered, or used, or land or water used, in whole or in part, for other than the
following:
6,03 pERMITTED PRINCIPAL USES AND STRUCTURES
I. Pedestrian and bicycle paths or other similar facilities constructed for purposes
of access to or passage through common areas.
2. Lakes and other storm water management facilities or use,t to serve for the water
management and drainage of project.
3. Picnic areas, parks and passive recreation areas.
4. Any other open space activity which is comparable in nature with the foregoing
u.R:s and which the Development ,%'rvlces Director determines to be compatible
in the district.
5. Small buildings, enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
6. Small docks, piers or other such facilities constructed for purposes of lake
recreation for project occupants or members.
7. Decks and platforms associated with rertaurant and entertainment facilities on
adjacent parcels shall be allowed to project into Lake/Open Space parr. ell,
8. A lake/open space parcel may be considered a buffer for developed parr. els if it
is adjacent to the parcel.
6.04 I'ER/VI ITFED ACCF~SSOR Y USF~; AND STRUCTUR|'~ Accessory uses and structures
customarily associated with the uses permitted in this district.
1. Customary accessory uses of recreational facilities.
2. Any other recreational use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in the
6.05 ~
6.05.1 General - All yards, setbacks, etc., shall be in relation to the individual
parcel.
6.05.2 ~: None
6.05.3 Minimum Lot Width: None
6.05.4 Minimum Yard Reouircments: Abutting the arterial roadway within the
Pine Air Lakes Development and Airport Road to the west of the
development shall be front yards.
a) Front Yard: Fifty (50) Feet
b) Side Yard: Thirty (30) Feet
c) Rear Yard: Fifty (50) Feet
6.05.5 Maximum tleieht of Structures: ThirW-five (35) feet unless otherwise
approved during Development Review.
6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time
a permit is requested.
6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING
~ As permitted or required by the Land Development Code in effect at the
time a permit is requested.
6.08 bilNIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect at the time a permit is requested.
6.09 MINIMUM LANDSCAPF_,,/BUFFER AREA Defined in Section 3,05 of this document.
DEVELOPMENT STANDARDS
SECTION VII
7.01 PURPOSE The purpose of this Section is to set forxh the standards for the development
of the project.
7.02 ~ All facilities shall be constructed in strict accordance with the Final
Development Plan and all applicable State and local laws, codes, and regulations. Except where
$pcci~caHy noted or stated othcrwise, the standards and specifications of the current official
County Land Dcvclopmcnt Code shall apply to this project.
7.03 pUD MASTER DEVELOPMENT PLAN
A. Exhibit 'A' iljustrates the proposed dcvelopment.
B. The design criteria and system design iljustrated on Exhibit 'A' and stated herein
shall be understood as flexible so that the final design may best satisfy the
project, the neighborhood and the general local environment. Minor site
alterations may be permitted subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all areas
in the project.
7.04 CLEARTNG. GRADING. EARTHWORK. AND SITE DRAINAGE All clearing,
grading, earthwork, and site drainage work shall be performed in accordance with all applicable
State and local codes.
7.05 ~ All streets shall be dedicated to the public.
The petitioner wis[u:s to reserve the right to maintain and landscape the unpaved portions of the
Hgbt-of-way for roads within the project subject to the approval of the Development Scrvlccs
Director.
All public ~treet design and construction shall mee~ the Collier County standards that are in
effect at the time of approval.
7.06 SIGNS As permitted or required by the Land Development Code in effect at the time
a permit is requested.
7.07 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street
parking areas shall be in accordance with the appropriate Land Development Co<Je regulations.
7.08 ARCI-[ITECTURAL DF_,SIGN REVIEW The pethioner intends to create an association
to review individual parcel layout and architecture prior to the irnprovement of any parcel.
Illl
7.09 COMMON AREA MANAGEMENT The petitioner intends to convey me common
areas, including the water retention and surface water management structures, to Pine Air
Foundation, Inc., a Florida not-for-profit corporation, which will be responsible for
· implementation of the surface water management plan and have authority to assess the other
lands within the district for the costs of such maintenance. The petitioner would also grant an
easement to Collier County with respect to the surface water management system so that the
County could operate and maintain the system in the event the Foundation fails to do so.
7.10 .~. The Environmental Advisory Council stipulatiom:
A. A site clearing plan shall be submitted to the Natural Resources Department and
the Community Development Division 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 shah clearly depict how
the final site layout incorporates retained native vegetation to the maximum extent
possible and how roads, buildings, lakes, parking lots, and other facilities have
been oriented to accommodate this goal.
B. Native species shall be utilized, where available, to the maximum extent possible
in the site landscaping design. A landscaping plan will be submitted to the
Natural Resources Department and the Community Development Division 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-creation of native vegetation and habitat characteristics lost on the
site during construction or due to past activities.
C. All exotic plants, as defined in the County Code, shall be removed during each
phase of construction from development areas, open space areas, and preserve
areas. Following site development a maintenance program shall be implemented
to prevent reinvasion 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 Natural Resources Department and the Community Development
Division.
D. If during the course of site clearing, excavation, or other cortstructional activities,
an archaeological or historical site, arlifact, or other indicator is digovered, all
development at that location shall be iramediately stopped and the Natural
Resources Department notified. Development will be suspended for sufficient
length of time to enable the Natural Resources Department or a designated
consultant to assess the find and determine the proper course of action in regard
to its salvageability. The Natural Resources Department will respond to any such
notification in a timely and efficient manner $o as to provide only a minimal
interruption to any constructional activities.
E. The cypress wetland and buffer zone is to be checked and approved by the
Natural Resources Personnel prior to any construction in the vicinity of the
wetlands.
#
1.2
F. As many existing native trees and shrubs as possible shall be incorporated into the
development.
G. The developers must demoms'U~te to the Natural Resoum Department that this
development will be in compliance with the water quality regulations as outlined
by DEP and SFWMD when they return with their site development plans and,
more specifically, if DEP or SFWMD requires water quality monitoring of their
stormwater run-off, then Natural Resources Department requests that they receive
copies of all the data.
7. I 1 HRE The North Naples Fire Control District has stated their ability to serve the Pine
Air Lakes Project, with the following stipulations:
A. Water mains and the locations of the fin hydrant~ must be approved by them
prior to issuance of any building permits.
B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a
result of the development if and when an impact fee policy is adopted by the
North Naples Fire District to cover the entire District.
7.12 EXEMPTIONS TO TItE SUBDIVISION REGULATIONS Pine Air Lakes development
shall be exempt from the following Land Development Code requirements:
A. Section 3.2.8.3.19, LDC: Street name signs shall be approved by the
Development Services Director, but need not meet the U.S.D.O.T.F.H.W.A.
Manual of Uniform Traffic Control Devices.
B. Section 3.2.8.4.9.2, LDC: Entry signage may be located within the right-of-way
or the dedicated roadway. Such signage and planting shall be approved by the
Development Services Director.
C. The requirement to place permanent reference monument and permanent control
points in a typical water valve where such monuments occur within street
pavement areas shall be waived.
7.13 TRANSPORTATION
A. Please see Traff'~e A~essment dated September 24, 1985, prepared by MPO
Staff, attached.
Recommendations:
I. The developers shall provide a fair share contribution toward the capital
cost of traffic signals at each of the project accesses on Pine Ridge Road
axKI Airport Road when deemed wan'anted by the County Engineer. except
,-Ls otherwise provided henfin. The signals shall be owned, operated, and
maintained by Collier County.
e
2. The developen shall provide arterial level street lighting at each of the
project ~-~ce_n___~s on Pine Ridge Road. This shall be waived if prior
roadway improv~-nts by the County included a street lighting system.
B. All access to individual parcels shall be internal.
C. Crosswa lk.~ shall be provided across the main thoroughfare to pwv ide adequate
pedcsu-hn safa'y and movement as daermined to be r~,~-ssary by the
D~velop-ment .~rvk~n Diru~'.
D. Development shall be limiled to traas adjac. tm to Airport Road until ~ascments
ar~ obuined and dedic~ to rJ~ County; Edgewood Drive is cormrua~; and
the water sygem is looped in accordance with the Utilities Division's regulations
and requirements.
E. All Co[lier County traffic impacl fees for Pine Air IAkes will be paid as provided
in Onlinance 90-14.
F. While Airport Road is in a four-hne condition, the proposed intersection of
Edgewood Drive and Airport Road wou|d be subject to the following:
I. TIt Developer shall ctmstruct a northbound left turn lane and a
southbound fight turn hne.
2. Upon the opening of -Edgewood Drive between Pine Ridge Road and
Airport Road, the Developer shall provide a traffic signal warrant analysis
to determine the need for a new nil'K: signal at the Airport Road-
Edgewood Drive inlenecticm. Signal installation cosis shall be borne
u~lely by the Developer, and shall include provisions for coordination with
adjacent traffic signals.
G. In conjunction with the six-hning of Airport Road, the following improvements
shall be made at the inter,zclion of Edgewood Drive with Airport Road:
!. The Developer shall construct an additional northbound left turn lane.
2. If I[N: traffic signal at IIw: inters~clion has non been installed prior to six-
laning Airport Road, the applicant shall provide a signal in conjunction
with the six-lar~ng at its sole cost.
H. At the northern most driveway intersection with Airport Road, the Developer
shall construct a northbound left rum lane and a southbound right turn lane. At
the southern most driveway connection with Airport Road, the Developer shall
include a southbound fight turn lane and traffic movement shall be limited to
right-in/fight-out. Compemating fight-of-way shall be provided for the above
noted right turn lanes.
I. The County reserves the right of median access control at the driveway access
---- I
points sp<:cified in (h.) above. Such median access control my involve
modifications to the median opening, lane changes or other traffic control
measures which are reasonably necessary to preserve the capacity of the arterial
roadway or to ensure safe operating conditions.
J. A five (5) foot sidewalk easement and completed sidewalk shall be provided by
the Developer within the twenty (20) foot buffer along the Airport Road frontage.
K. Pursuant to Paragraph 8.13d. and Exhibit 'A' of the Pine Air Lakes PUD
(Ordirtance I 85-67), the Developer agreed to obtain right-of-way for proposed
-Edgewood Drive which included areas in which to construct sewer, water and
drain, age facilities. in lieu of acquisition of the final segment of the right-of-way,
Developer agrees to reimburse Collier County $116,0CK) which represents ils costs
associated with obtaining said segment of Edgewood Drive right-of-way. Said
costs shall he paid (1) on or before August I0. 1994. or (2) upon approval on the
first Final Site Development Plan for vertical development. whichever first
occurs.
7.14 WATER MANAGEMENT
A. Comeptual and/or detailed site drainage plans shall be submitted to the
Environmental Advisory Board for review.
B. Within sixty (60) days of the written request from the County Administrator, or
his dcsignee, Developer shall provide a thirty-five (35) foot wide and a twenty-
five (23) foot wide perpetual, non-exclusive ea.~ement for drainage purposes along
the western boundary of the Pine Air Lakes project; thirty (30) foot wide
temporary non-exclusive construction easement which parallels a twenty-five (25)
foot wide temporary non-exclusive drainage easement, both of which temporary
casements cormoct with the temporary drainage casement for the lake abutting the
properTy's northeastern boundary along Airport-Pulling Road, around which lake
the thirty (30) foot temporary construction casement continues; all as more fully
described in the drainage conveyance documents dated April 1994, and the
drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc.,
dated February 1994 for File No. 2G-403. Said temporary casements are for the
purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park
(Northeast Quadrant) drainage through the water management system, and shall
be abandoned at lime of Site Development Plan approval of the area north of
-Edgewood Drive. At time of Site Development Plan approval, a twenty-five (25)
foot wide perpetual, non-exclusive easement for drainage purposes shall he
dedicated to Collier County and recorded in the public records.
C. An Excavation Permit will be required for the proposed lakes in accordance with
Article 3, Division 3.5 of the Collier County Land Development Code.
UTILITY SERVICE
SECTION VHI
8.01 pURPOSE The purpose of this section is to provide a list of utility services and how
they will be provided.
A. Scc the Utilities Division sti~lations per their memos dated July 23, 1985; and
Scptcmher 21, 1985 a~ched.
8.02 ~ The Collier County Water and Sewer District shall provide water to
the Pine Air Lakes Dcvclopmcnt from the existing 16' water main located within the Airporx
Road right-of-way.
8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project
will be handled by ~ company holding the franchise for that area of ~he County.
8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide
electricity to the entire Pine Air Lakes Project.
8.05 TELEPIIOr'4E SERVICE Telephone service will be supplied by United Telephone of
Florida to the Pine Air Lakes Project.
8.06 TELEVISION CABLE SERV/CE The Pine Air Lalccs l'roject will be provided cable
service by the cable company holding the franchise for that area of the County.
8.07 EASEMENTS FOR tINDERGROUND UTILITIF,~ All on°site utilities such as
telephone, electric power, cable television service, waste water collection, water distribution,
etc. shall be ins~llcd underground. Only items such as electteal fecder lines, lift stations, etc.
which require above ground installation shall be pcrmiued above ground.
8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water
distribution nnd sewerage mains shall be located in the road right-of-way and will he dedicated
to the public. The water distribution and sewerage mains will be deeded to Collier County
Water and Sewer District upon completion in accordance to applicable county ordinances in
effect at the time of the Pine Air Lakes PUD Submission.
The applicant or future owners, will pay appropriate development hook-up fees at ~.c time of
application for building permits.
Should any water/sewer system elements he located outside ~e road right-of-way, the
appropriate easements will be dedicated.
8.09 pI~OJECT EASEMENTS AND SERVICES All easemen~ and services mentioned in
this and previous sections of this document shall be non-exclusive.
16
MaT 6,
X l~rcel or tract of land ly{n In Section 1], To~r~shlp
South. Range 25 I[ast, ColT{or ~ounCy, Florida, being
described as ro11~:
7 along ~he Eas~ i In¢ of sal~ S¢c~1~ I1 a
dlstsnce or 13l~.~ ree~ thence S ~o47'13' M [00.04
to the ~l~ OF 8EGIH~I~ and the ~st~r1~ r!~h~-~r-~ay 1
of Coun~y ~ad ~.31; thence Con~tnu¢ S ~04 '13' ~ 2654.06
feet: ~hence S 01o05'27' E 1316.71 fee~; ~hence S 01005'18'
~ 131~.78 Feet; Bence N 88o51'3~' E 1~41.4Z fee~; ~ence
fi ~1~'58' M 329.45 feet; ~hence N ~050'57' E IZ45.82 feeC
[o ~he ~eS~erl~ rlgh~-of-wa~ line of County Road
Chute ~ ~27'18' e along said rlg~-of-wa~ line
feet: [hence ~ ~°27'40' e along Said righE-Of-way llne
1318.~ feet to the POINT OF 8EGIfi~IH6:
Said parcel or tract containing 148.g9 acres, ~re or less.
SubJect to eas~nts, restrictions and rese~atlons of record.
Bearings based on a bearing of N ~027'47" [ en the East
line oi ~e ~[% e~ Section II, roNnshlp 4g Sou~, Range
East, Collier County, Florida.
~ls ~escrtptton ~ets the Hlnt~ T;c~Iu1 S~dards as
set for~ by ~e F1ortda Board of Land $une~n, ~rsuant
to ~aVter 472.027, florida Statutes.
!~XHIBIT 'B' . .
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 94-25
which was adopted by the Board of County Commissioners on
the 1Oth day of May, 1994, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day or May, 2994.
Clerk of Courts and .~le.~ ...' ........ ' Ci
Ex-officio to Board of ~ .'.'. :' '..~'.
Deputy Clerk ~ "...,]~' ,' ~
RESOLUTION 94- 349
Dzv'-~OPMENT ORDER 94- 2
A RESOLUTION JJ(ENDING Dx-V~LOPMENT ORDER 8S-S, AS
AMENDED, OF THE PINE AIR LAMES DEVEI~JPMKNT OF
REGIOJ[AL I)CPACT (DRI) BY PROVIDING FORZ SECTION
ONE A WHICH AMENDS THE FINDINGS OF FACT TO REFLECT
REVISIONS TO ~E C3~ARACTER OF P~R34ITTED USE8 AND
AMOUNT OF ACREAGE RELATIVE TO PERMITTED USE8
SECTION ONE B WHICH AMENDS THE CONCLUSIONS OF LAW,
PROJECT DESCHIPTION SECTION TO REFLECT REVISION8 TO
THE C]L~RACTER OF Tux PERMITTED USES AND RELATED
SQUARE FOOTAGE; 8XCTION OJTE C WHICH AMENDS THE
CONCLUDIONS OF X~AW, DRAINAGE/WATeR QUALITY SECTION
TO UPDATE CERTAIN CODE AND DEPARTMENT~J~ REFERENCES~
SECTIO}{ ONE D W~ICH AMENDS T~E CONCLUSXONS OF LAW,
EI~ERGY SECTION TO REFLECT MINOR CHJ~NGE8; SECTION
ONE E WHICH AMENDS THE CONCLUSIONS OF LAW,
FLOODPLAIN/BURRICAME EVACUATION SECTION TO REFLECT
REVISIONS TO T~E CKARACTER OF THE PERMITTED USES~
SECTION ONE F WHICH AMENDS THE CONCLUSIONS OF LAW,
REGIONAL SHOPPING CENTER SECTION TO DELETE
DISCUSSION OF PROJECTED RETAIL MARKET DEM)aqD AND
THE AGREEMENT FOR ](ALL DEVELOPMENT J~ND ](ALL
BUILDOUT BATE REQUIREMENTS; SECTION ONE
CONCLUSIONS OF Iu~W, ~SPORTATION SECTION TO
REVISE CONCURRE~CY REQUIREMENTS AND OTHER
TRANSPORTATION COM~(ITMENTS2 SECTION ONE B WHICH
AMEND8 T}~E CONCLUSIONS OF LAW, ENVIRONMENTAL
CONSIDERATIONS SECTION TO UPDATE CERTAIN
DEPA/~TMENT3~TJ ~ Ia~ND D~VELOPMENT CODE REFERENCES;
SECTION ONE I OF THE CONCLUSIONS OF LAW, UTILITIES
SECTION TO REFLECT COUNTY PROVISION OF POTABLE
WATER, CERTAIN DEPARTMENTAL CHANGES AND DELETION OF
REFERENCES TO THE COUNTY UTILITY RATE REGULATING
BOARD; SECTION ONE J OF THE CONCLUSIONS OF LAW,
EXEMPTIONS TO SUBDIVISION REGULATIONS SECTION BY
DELETING IT IN ITS ENTIRETY~ SECTION ONZ X OF THE
CONCLUSIONS OF LAW, GENERAL CONSIDERATIONS SECTION
TO ](AXE MINOR CHANGES~ SECTION O~ L OF THZ FURTHER
RESOLUTION SECTION TO EXTEND THE TERMINATION BATE
2~ND ADD EXEMPTION FROM DOJFN=ONING REQUIREMENTS
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW~ AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED D~-~LOPMENT ORDER, TRJ~NSMITTAL TO
DCA AND EFFECTIVE BATE.
WHEREAS, the Board of County Commissioners of Collier County
approved Development Order 85-5, which approved a Development of
Regional Impact (DRI) known as Pine Air Lakes on November 12,
1985~
JF~EREAS, the Southwee= Regional Planning Council appealed
Development Order 85-5; and
WHERJ2~8, the appeal was settled by the Board of County
Commissioners adopting Resolution 86-63, which amended the Pine
Air Lakes Development Order, on April 15, 1986~ and
-1-
Words underlined are additions; words e~uek-~ are deletions.
$~1~, the Application For Developmene Approval [ADA) was
incorporated into and by referencs made a part of the Development
Ordsr; and
$F~X~B, the real property which is the subject of the
Develoi~ent Order i~ laqa~ly d~c~b~d and Ba~ ~o~h ~n E~b~ A
~o ~h8 Davalo~en~ Ordar~ and
~S, the o~ers of the DRI property are desirous of
~ending the Development Order~ and
~, the appeal of Develo~ent Order 85-5 had the e~fect
of extending the bull~ou~ ~ate from November 12, 1995, to
April 15, 1~96; and
~, Robert J. Gray of Strategic Planning Group, Inc.,
representing Naples Associates Limited Partnershl~ has petitioned
the Board of County Co~isstoners to further amend the Pine Air
~kes Development Order~ and
~, the Collier County Planning Co~tssion has reviewed
and considered the report and reco~endations of the Southwest
Florida Regional Planning Council (SW~C) and held a public
hearing on the petition on April 21, 1994; and
~, the Board of County C~issfoners of Collier County
has reviewed and considered the reports of ~C and the Collier
County Planning Co~tsslon and held a public hearing on May 10,
1994~
N~ ~EFORE, BE IT RESOLVED by the Board of County
Co~tssioners of Collier County, Florida, that:
8E~ION 0~: ~M~ OF D~OPH~ O~R
A. Paragraph 4, Findings of Fact, of Development Order
85-5, as amended, is hereby amended to read as follows:
FINDINGS OF FA~
1. The real property which is the subject of the ADA
is legally described as set forth in Exhibit A, the
Planned Unit Development D~ment for Pine Air
~kes attached hereto and by reference made a part
hereof.
-2-
Words ~ are additions; words ~t~ are deletions.
· 2. The application is in accordance with Section
380.06(b), Florida Statutes.
3. The applicant submitted to the County an ADA and
sufficiency 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 of this Order.
4. The applicant proposes the development of Pine Air
Lakes Planned Unit Development, for 148.99 acres
which includes 9 ~. aeree for
ucc; 25.87 acres for office/retail mixed use
ee~ee~Fta~ 33.49 32.83 acres for lakes/open space;
~ acres ~e, chopping e aPProximately 77.12
acres for rational commercial; 10.7 14.11 acres for
roadways; and aPProximately 1.81 acres of cypress
wetlands.
5. The Development is consistent with the report and
recommendations of the SWFRPC submitted pursuant to
Subsection 380.06(11), Florida Statuteg.
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 impact generated by
the development has been conducted by the
appropriate County departments and agencies and by
SWFRPC.
S. 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.
9. The development is consistent with the land
development regulations of Collier County.
B. Paragraph 1, Conclusions of Law, of Development Order
85-~, as amended, ie hereby amended to read as follows:
CONCLUSIONS OF LAW
1. PROJECT DEBCRIPTIONZ The ADA for the Pine Air Lakes
project proposed a range of square footage for approval;
however, the transportation analysis provided by the
applicant addressed a project consisting of a total of
1,2CC,~O0 957.00Q square feet of retail and office
Words 3~ are additions; words e%T,~Me-eh~ are deletions.
commercial uses as delineated in ParaaraDh 1.a. beloW.
The ADA also specified that the l~2eo,~eo 957°000 square
feet ~ is currently proposed and that additional
amounts will be requested if future market analysis
finds a need. Thcrcf=r=, th= Ccuncll eeeeeeme~%
Conditions:
a. Pine Air Lakes project approval shall be for the
following maximum square footage and uses:
Catemery Sa. Ft.
Realonal Commercial Retail 707.000
H!xc~ Use -- 157,000
Office 250 000 ~" '^^
Total ~,2=~00 957.000
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. DRA/NA~E/EATER QUALITY~ The applicant has proposed a
surface water management system that, with an addition
to the proposed "Best Management Practices" (B.M.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~
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 Wa4~eP Ma~a~emee~
Environmenta 1 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 We~~a~ Environmental Advisory Board.
-4-
Words ~ are additions; words e~ are deletions.
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.
e. ~e ~ shall p~ev4~e e 25' wid~ dr=inane
eeeemen~ a4eni ~h~ n=rth bcundaTyr ~ e ~5~:
~Tei~ ~ along the vc=~ ~ ~ ~
property M ~ ~ Ccllic~ Ccunty'c
Within sixty {60~ days of the ~itten request from
the County Administrator, or his desi~nee,
Developer shall provide: a thirty-five ~35] foot
wide and a twenty-five ~25~ foot wide perpetual
non-exclusive easement for drainage Purposes alon~
the western boundary of the Pine Air Lakes Drotec~
thirty {30~ foot wide temporary non-e~cjustE
construction easement which Parallels a twenty-fly-
(25) foot wide te~Q~rv ~nTe~bslVe d~lnag~
easement. both of which temporary easements co~neG
with the temporary drainage easement for the
abuttin~ the DroDertv's northeastern boundarv al0~
AirDort-Pullin~ Road. around which lake the thirty
~30} foot temporary construction easemen~
continues: all as more fully described in the
drainage conveyance documents dated AD~
the drawings attached thereto and prepared by
Wilson. Miller. Barton & Peek. Inc.. dated February
1994 for File No. 2G-403. Said temDorarv easements
are for the DUrDOSe Of aCCeDtin~ and transmitting
29 acres of Pine Ridge Industrial Park (Northeast
Quadrant) drainage through the water management
system. and shall be abandoned at time of Si~
Development approval of the area north of Edgewood
Drive. At time of Site Development Plan approval,
a twenty-five {25) foot wide Perpetual. non-
exclusive easement for drainaqe DUrDOBeS shall
dedicated to Collier County and recorded in the
Public records.
Th~ ~ ~all ~ e =5~ ~ ~
pr:p:rty ~ ~ ~ C~lll:r ~
f. An Excavation Pemit will be required for the
proposed lakes In accordance with ~ Collier
County ~nd Development C~e ~ ~ ~
g. A re~lar program of vacuum sweeping of all project
parking lots shall be considered as a supplemental
"Best Management Practice" by the applicant and all
pemit review agencies.
h. ~e applicant shall coordinate with Collier County
and the Florida Dep~rtment of Environmental
Protection ~FDEP) ~ ~ for the
provision of temporary transfer/storage facilities
to acco~odate all special and h~zardous wastes, ms
classified by FDEP rD~, that are generated by the
development. Such a provision could include the
'5-
Words underlined are addttlonsl words ~,~ are deletions.
location of an adequate temporary storage/transfer
facility on-site.
D. Paragraph 3, Conclusions of Law, of Development Order
S5-5, as amended, is hereby amended to read as follows:
3. ~ERGY: 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 of 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 ee~ County requirements.
b. Provision of 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 rindowe and ceiling fans
appropriate).
f. Installation of energy-efficient appliances and
equipment.
g. Prohibition of deed restrictions or covenants that
would prevent or unnecessarily hamper energy
conservation efforts (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.
i. Installation of energy-efficient lighting for
streets, parking areas, and other interior and
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..
k. Selection of native plants, trees, and other
vegetation and landscape design features that
reduce requirements for water, fertilizer,
maintenance, and other needs.
1. Planting of native shade trees to provide
reasonable shade for all streets and parking areas.
Words underlined are additions; words ~truGk ~A~ are deletions.
m. Placement of trees to provide needed shade in the
warmer months while not overly reducing the
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 effects of the wind.
o. Provision for structural shading (e.g., trellises,
avnings, 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.
E. Paragraph 4, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
4. FLOODPLAIN/HURRICANE EVACUATIONs The proposed retail
Commercial and office development =f=ic=
eef~e~ contains a large amount of common area that could
be used ssa refuge in the event of a Hurricane. This
would constitute a use of Regional benefit.
Conditionx
a. The applicant must meet with the appropriate
..... ~"'~""~" County EmeraencV ManaGement
....... ~ .... 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. REGIONAL SHOPPINg CENTERS The proposed Pine Air Lakes
regional commercial center proposes to adds m44~44~em
707,000 square feet of retail space to the retail
markets of Collier County and south Lee County by 2000.
~e e~ge~% ~In~ Air ~ ?07,000 e fcC~
nddlti=n=l ~e ~xi~ting e~eB prcpoucd ~tur= Totall
~,~z~ ~ ........ ~ Pinc Air ~a~ee =itc ~e located
~ epprGvcd ~nlta Bay ~ --~te rGtall
Conditionx
~ ~. The Southwest Florida Re~tonal Planninc Council
Collier County have acknowledged receipt of an
~.qreement which satisfies the requirement of
paragraph 5a. of Development Order 85-5.
'7-
Words ~ are additions; words M~ are deletions.
thon fivo {5~ ye~e after th~ =dopti.~g e~ thi=
ar~ SouthrEE% ~ ~cgi~ C~uncil. Tha
--~ ~ ~ ccn=tructIon ........ ~--- with
e dcucriptlon ~ ~ construction ~ ~ ccmplctcd.
~ five (5> ycars ~ th= ~ eblc for
~ ~ the ..... x__ ~ may ~ approv~
~uidcllnc3 and =tankards for ~
..... x~_~ ~ ~ =hall ~ .... ~--~
~ th= ~ mark=~ :r~ Involving
Florid= S~atutc=,
b. In order to ensure that reulonal retail
achieved. there will be three individual retail
uses. each with a minimum of 70.000 s~are feet of
~ross leasable area (G~) located north of Edge
Wood Drive. Further. a majority of the uses in thO
Regional Commercial area will be restricted to uses
specified in the Planned Unit Development DocumeD~
that are also within Division G of the Standard
Industrial Classification Manual, 1987 edition.
G. Paragraph 6, Conclusions of hw, of Development Order
85-5, as amended, is hereby amended to read as follows:
6. ~SPORTATIONz ~affic generated ~ Pine Air ~kes,
when combined with other gr~h in the ~ea, will
necessitate substantial roadway improvements, if
level-of-se~ice "~" Peak hour-peak season conditions
are to ~ maintained.
Conditions$
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. ~e signals shall be
o~ed, operated, and maintained by Collier County.
b. ~e ~ developer shall provide arterial
level street lighting at each of the project
accesses on Pine Ridge Road and Ai~ort Road. This
shall be waived if prior roadway improvements by
the County include a street lighting system.
c. The applicant shall be retired to pay the full
cost for any site-~elated intersection improvements
fincludin~ but not limited to turn lanes and
additional side street or driveway throuoh lanesl
found to ~ necessary by Collier county for the
Dro~ect's access intersections onto Airoort Road
[CR 311 and Pine Rldg~ Road. for cny Mhcr
-s-
Words underlined are additions; words ~~ are deletions.
c~ee'pZ~e~ee~e.~m.t-evaeds
-9-
~o~ds ~ a~e additions; voids ~~h a~e deletions.
e~ ::cup:hal far lxi, e ?.it ~
~ annually until bulld:'-'-t
~i= rcp:rt :hall canrain tr:fflc ca'ants
th= ~cz= ~Int= ~ the =itc, daily and peak ~cur
~ ~unt~ fo= ~ .... '---~ r~dways spcclficd
~ th= ~ring ~c~r~ =hall ~ ~ In~icat= when
Ic'¢cl-=f-ucrvlc= non ~ c'xcccdcd
~ '-~ '-- intcr=ccti~ --~ ~ provide
=hnll ~ %h~ dcvclopcr'= ~ ~ =utllnc~
T~dway=/Intzrzzcti~ li=t=~ ~
- U.S. ~I ~- Cccdlctt= Frank
- Cccdl:tt= Frank ~ t= Airpart ~lllng
- Airpcrt-F~lllng E~ t= Livln~=tcn
ill. Ccldcn Catc
-- Pin= .~a ..... ~ ~- Ccld:n C:~c Parkway
- ~
- Pine ~Id~c .~==~ tc Ccl~cn ....... ~ .....
vi. C~Icttc ~rank
-10-
Words ~ are addtttou; words ~ are deletions.
I X r ,1__ __ __~. ~. . , ~ Z _ __ w __ . .~ . ~. ,~ . . . I __ rs __. . , ..... ·
"' C=~ICttC Frank "'-~ -~ ~-~-- ~-~- ~--~ .....
- U.S. ' ' ~ - Cccdlcttc ~=r~
iv. Intcr===ticn =f I=ck=lc: ~==d =t..-Airp=rt
vi~ Intcrzccticn =f Ai~crt ~lling R=ad at Pi~
-11-
Words ~ are additions; words ~ are deletions.
-12-
Words K[E~ are additions; words et~Paek--~ are deletions.
.... ~,. e~ for e four ~ rccd ~ not ~
=ix ~ ~ If utcged rc~d/Intcrccctlcn ~
~ forward ~ the ~ ~
=cm~ upon th~ crc=~ ~ ~ ~ ~
d. ~e followtn~ reufonal roadways and intersections
protected to be significantly impacted {5% of ~S
peak hour. peak season) prior to Dro4ect buildout.
Significantly Impacted Roadways are:
1. Airport Road
- Immokalee Road to Vanderbflt Beach Roa~
- Vanderbilt Beach Road to Edgewood Drive
- E~ewo~ Drive to Pine Ri~e R~d
- Pine Ridge Road to Golden Gate Parlay
- Golden Gate Parkway to Radio Road
2. Pine Ridge Road
- U.S. 41 to Goodlette-Frank Road
- Goodlette-Frank Ro~d to Ed~ewo~ Drive
- Edgewood Drive to Aimort-~llfn~ Ro~
- Ai~o~-~llfn~ Road to I-7~
3. Immokalee Road
- Af~ort-~llin~ Road to I-7~
4. Vanderbtlt Beach Road
- Afmort-~llin~ Road to Livingston Road
- Lfvfn~sto~ Road to Oaks Boulevard
- Oaks Boulevar~ to ~a~ Boulevar~
Si~nificantlv ImPacted Intersections are:
5. U.S. 41/Pine Ridge Ro~d
6. AirDort-Pulli~ Road/Radio Ro~d
7. Aimort-~llf~ Road/Golden Gate Parlay
-13-
Words ~ are additions; words e~ are deletions.
Air~_ort-Pullinc Road;Pine Ridca Road
9. Airport-Pulling Road/Edqewood Drive
10. AirDort-Pullinc Road/Vanderbilt Beach Road
11. AirDort-Pullinc Road/Immokalee Road
12. Pine Ridge Road;Goodlette-Frank Road
13. Pine Ridge Road;Edcewood Drive
e. The applicant shall mitigate its impact on the regional
and local roadway and intersections identified herein as
follows:
ri] The APPliCant shall make the improvements specified
in 6re]. ~b]. and fc] hereof.
fii) The APPlicant shall be subject to all lawfully
adopted transportation impact fees.
[iii~ The APPliCant shall be responsible for the
construction of Edcewood Drive from its terminus on the
southern property boundary to and includinc the
intersection improvements needed at its ~uncture with
Airoort Road. This roadway is expected to provide
alternative to and relieve some traffic pressure
Pine Rides-Airport Road intersection.
/iv] Applicant shall be required to make the
improvements to AirPort Road:
When requested by Collier County Transporta-
tion Department. ADolicant shall contribute
the necessary funds faDDroximatelv SS0.000]
for designing six-lane improvements from the
currently desianed terminus at Coucar Drive to
the northern access POint Of Pine Air Lake~
Airport Road.
{b) At the time of issuance of the first building
permit for vertical construction in Pine Air
Lakes. the APPlicant shall be responsible for
contributing [bv escrowinq with the County)
the necessary funds to six-lane Airport Road
from its current~lv scheduled terminus at
Cougar Drive north to the northern access
point of Pine Air Lakes on Airport Road. The
~ctual amount of the contribution shall be the
Zull amount necessary to accomplish the six-
~ane improvements as determined by actual bid
price. In the event that amount has not been
~etermined at that POint in time. the amount
to be escrowed shall be as estimated by the
Gountv Transportation Department to accomplish
said six-lane improvements with at least one
left turn at Edgewood Drive.
fc] At the time the Cour~tv Transportation
DePartment deems a second left turn lane is
Warranted on Airport Road at the Edcewood
Drive intersection. ADmlic~nt ~ball install
~aid second left turn lane at its e×Dense and
~ontribute the funds necessary for any
improvements to Airport Road or the adJoininc
canal to acoommodate the second left turn
la e. ,,0, C5"t3,, 41
Words underlined are additions; words ~ are deletions.
Said contributions set forth in {a) and fb)
above shall be credited to the Applicant. his
~uccessor or assianees. as a road fmDaCt fee
credit. The amount of the credit shall b~ the
contribution amount less any costs resulted
for the design or construction of site-related
improvements. For the purpose of this stip-
ulation. site-related improvements shall ~
deemed to be any north bound or so~h bound
turn lanes deemed reuuirCd ~t each access
point to Pine Air Lakes. sicnalizatiOn Costs
for the intersection of Edcewood Drive and
AirDort-Pullin~ Road. and ~nv canal imDrov~-
ments associated with the Pine Air Lakes
project. Collier County shall acree t~ Use
said contribution for the sole PUrPOse Of the
above described six-lane improvements,
{v) The APPliCant shall be subject to the Concurrency
Management SYstem of the County as set forth herein.
f. The regional roadway segments and all intersections With
one exceotion on which this project has significant
impacts are wholly within the Jurisdiction of Collier
The Adeguate Public Facilities Ordinance fAPF) re~uire~
·
~'~DO~ _~5~G[ '4.~
Words ~ are additions; words et~'~eh-~e~ are deletions.
Certificates of Public Facility Ade_cuacv that would
allow imnacts to exceed the remainjoe canecity, if any.
~f these road segments imnacts to the deficient or
potentially deficient facility. The annlicant shall
~Qtifv SWFRPC and DCA within five (5) workina days after
receipt of notice of a PUblic hearina to determine the
boundaries of any ASI on any facilities listed in
~gtion 6.d. hereof.
i. If any of the road secments identified in this DaraaraDh
become deficient. the County shall establish an Area Of
~. In addition to the provisions of the Collier County APF
Words IL~ are additions; words ~ are deletions.
For OUrDOSes of this Development Order. the
pRI shall be deemed to have a substantial
impact UPOn a deficient road sec~ment if
traffic impacts exceed five percent ~5%] of
the level of service "D" peak hour-peak season
capacity of the roadway.
The County shall provide the re~uisite PUbliC
notice and hold a Public hearing on the Notice
of ChanGe as exPeditioUsly as POssible.
Following a public hearing. Collier County
shall amend the DRI Development Order to
record its determination whether or not the
DRI is havin~ a substantial impact u~On the
deficient road segment or otherwise should no~
be included within an ASI for the deficient
road segment. In makin~ this determination.
the County shall include the impacts resultilLq
from all development to occur pursuant to thg
Certificates of Public Facility Adeauafa~
previously issued to the DRI. The amendment
to this Develooment Order is aDDsalable
Dursuant to Subsection 380,06[19) and Section
380.07. Florida Statutes.
{vii If neither DCA nor SWFRPC Dart~ciDate in the
public hearina on the Notice of Chang~
pursuant to Subsection 380.06~19)~f), Florida
Statutes and the chanae is adopted bv Collier
County as PrOPosed. the DRI may be issued
Certificates of Public Facility Adeaua~X
followin~ the Countv's Development Order
decision. If either DCA or SWFRPC
participates in the DUbli~ heari~g,
applicant shall not aPPlY for or be issued
Certificates of Public Facility AdeQUaCy until
the deadline for any appeal of the Collier
County decision has expired pursuant
Section 380.07. Florida Statutes and.
appeal has been filed.
k. Collier County and the applicant may consider other
OPtionS to provide adequate commitments for Deeded
improvements to transportation facilities set forth in
6.d. hereof provided that said OPtions meet the
followin~ criteria:
fi) The transportation impacts to the roads and
IDtersections OUtlined herein shall be addresse~
consistent with SWFRPC Policies and said OPtions
mitiGative measures shall be adopted in accordance with
Sections 163.3220-163.3243. Florida StatUtes. which
authorize local aovernment development agreements or as
authorized by Rule 9J-2.0255. Transportation Policy
fill Any such ODtion would be implemented' only
after a Notice of Chan~e Procedure as outlined above.
e~ 1- All access to individual parcels shell be internal.
~ ~. Exception to the Subdivision Regulations requiring
sidewalks on both sides of the street shall not be
waived and additional crosswalks may be required and
approved by the County Engineer during the site plan
-17-
Words ~ are additions; words e4~e-%~ee~ are deletions.
review process to Join sidewalks at places other than at
intersections.
~v n. Development shall be limited to
_~rcels immediately adjacent to Ai~ort Road until
easements for ~gewood Drive are obtained and dedicated
to the County~ ~gevo~ Drive is const~cted~ and the
water system is looped in accordance with the Utilities
Division's repletions and re~irements.
-- Colden C:t= Pzrk~'zy
--C=Id:~ ~
-- Pin: .a~ .....
-- Pln: "*~ ........ Colden
-- Colden Catc Parkway
-18 -
Words ~ are addtt~onsl words ~ ~re deletions.
H. Paragraph 7, Conclusions of Iaw, of Development Order
85-5, as amended, is hereby amended to read as follows.
7. r]rVIaO]~4~ CONSIDE~ATIONS[
a. A site clearing plan shall be submitted to the
Development Services Department ~ ~courc~e
D~vi=ion for ~ review and approval prior to
substantial work on the site. This plan may be
su~itted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site ~
lnco~oratem retained native vegetation to the
maximum extent possible and boy roads, buildings,
lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
b. Native species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted the the OevelODment Se~ices Department
~ ~ Divi=ion for ~helr review and
approval. ~ls plan will depict the incorporation
of native species and their mix with other species,
if any. ~e goal of site landscaping shall be the
~ restoration of native vegetation and
habitat characteristics lost on the site during
const~ction or due to past activities as much as
practically and economically feasible.
c. All exotic plants, as defined In the Collier County
~nd DeveloDment Cod~, shall be removed during each
phase of construction from development areas, and
preservations areas. Following site development a
maintenance program shall be implemented to prevent
reinvasion 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 Development Se~ices Department
d. If, during the course of site clearing, excavation,
or other constmcttonal a~tvlttes, an
archaeol~tcal or historical mlte, arttract, or
other Indicator ls discovered, all development at
the locatlon mhall be l~edlately stopped and the
Collier County Development Se~tces
~ ~ Department be notified.
Development w111 N suspended for a sufficient
length of time to enable the ~eveloDment Se~tces
Natural ~c==uzcc= ~ Department or a
designated consultant to assess the find and
detemtne the proper course of action in regard to
its salvageability. ~e Develooment Services
~ ~~G~~ Department will
-19-
Words ~ are additions; words ~ &re deletions.
respond to any such notification in a timely and
efficient manner so as to provide only a minimal
interruption to any constructlone1 activities.
e. The .4 acres cypress wetland and buffer zone be
checked and approved by Development Services
Department N=~ur=l R~MMa~see M~ personnel
prior to any construction in the vicinity of the
wetlands.
f. As many existing native trees and shrubs as
possible be incorporated into the development.
g. The ~ .... · .... Developer must demonstrate to the
Development Services Department N=tur=l ~cs='urcc=
Ma~~ that this development will be
in compliance with the water quality regulations as
outlined by DE~E and SFWMD when they return with
their site development plans and, more
specifically, if DERE or SFWMD requires water
quality monitoring of their storm~ater run-off,
then Development Services ~ ~
Me~ Department requests that they receive
copies of all the data.
I. Paragraph 8, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
8. ~TILITIEB
A. Water and Sewer
1. Central water distribution and sewage
collection and transmission systems will be
constructed throughout the project development
by the ~eve~ DeveloPer 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, if
applicable, for the proposed water
distribution and sewage collection and
transmission facilities muut 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 and service
agreement approved by the County. Review of
'47
Words ~ are additions; words e~ are deletions.
the proposed rates and subsequent approval by
the Board of County Commissioners must be
completed prior to activation of the water and
sewer facilities servicing the project. ~
4. It is anticipated that the GA~af e~ N~
~will ultimately supply potable water to
meet the consumptive demand a~ and County
Utilities Division will receive and treat the
sewage generated b~ this project. Should the
GA4~f e~ 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 O~ner, 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 of the proposed
project and must be regarded as interim;
they shall be constructed to State and
Federal standards and are to be owned,
operated, and maintained by the O~ner,
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. ~
b. Upon connection to the County's Central
Water Facilities, and/or Central Sewer
Facilities, the O%rner, his assigns or
successors shall abandon, dismantle, and
remove from the site the interim water
and/or sewage treatment facility and
discontinue use of the water supply
source, if 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.
-21-
Words M/~ are additions; words et~ea~ are deletions.
c. Connection to the County's Central Water
and/or Sewage Facilities wtll be made by
the owners~ their assigns or successors
at no cost to the County within 90 days
after such facilities become available.
d. All construction plans and technical
specifications related to connections to
the County's Central Water and/or Sever
Facilities will be submitted to the
Utilities Division for review and
approval 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
Regnlations 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 watnr
distribution and/or sewer collection and
transmission system to the project o~ner
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 facilities.
B. Data required under County Ordinance
80-112 showing the availability of sewage
services, must be submitted and approved by
the Utilities Division prior to approval of
the construction documents for the project.
Submit a copy of the approved DERE permits for
the sewage collection and transmission systems
and transmission systems and the wastewater
treatment facility to be utilized, upon
receipt thereof.
City ...... ' --
~ 4~ e~ ~ ~ that
et~ ~ P3~ne ~id~e Road =hall be
-22-
Words Underlined are additions; words e~ are deletions.
~z~Any items within the PUD document which
conflict with the above listed stipulations
must be revised accordingly.
~et4em ~ ~ GT =hall ~e t~FWfee~ ~e
~3rea~e that taae=atc= fa=llltlc= ~
D. The project ~ Developer 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 of 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 a4~et~e%e~ County
Regional Sewage Treatment Facility. Careful
planning will be required to insure an orderly
develol~nent and construction of the sewer
system and treatment facility to serve this
project and Section 11.
J. Paragraph 9, Conclusions of Law, of Development Order
85-5, as amended, is hereby deleted in its entirety as follows:
e~ e~eee ~ shell ~e ee e~eww em ~ ~
K. Paragraph 11, Conclusions of Law, of Development Order
85-5, as amended, is hereby amended to read as follows:
11. GENERAL CONSIDERATIONS: In the A~)A and PUD for "Pine
Air Lakes" numerous commitments were made by the
applicant to mitigate project impacts. Many, but not
all of these commitments are listed above as conditions.
Words underlined are additions; words ~e~ are deletions.
a. All commitments and impact mltl~attn~ actions
provided !~/the applicant within the Application
for Development Approval (and supplementary
documents) and FUD that are not in conflic~ with
specific conditions for project approval outline
above are officially adopted as conditions for
approval.
b. The deveA~pe~ peveloDer shall submit an annual
report on the development of regional impact to
Collier County, the Southvest Florida Regional
Planning Council, the Department of Community
Affairs and all affected permit agencies as
required in Subsection 380.06 (16), Florida
Statutes.
L. Paragraph 3, the Future Resolution Section, of the
DevelcTment Order 85-5, as amended, is amended to read as
followed:
BE IT FUFI~ZR RESOLVED, by the Board of County Commissioners
of Collier County, that:
1. All commitments and impact mitigating actions provided
by the aFplicant in the Application for Development
Approval and and supplemental documents and the
Al~lication 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 ~e~ "^' fourteen
~ years and six f6) mont~12 from the date of the
DeveloFment Order ~e ~ was effective (ADril 15.
1986). The ~ro~ect buildout date shall be the same date
as the DevelOXment Order termination date. that is
October 15o 2000.
4. The applicant or their successors, in title to the
subject property shall submit a report annually,
commencing one fll year from the effective date of this
ge~ea~ee~% et~ae ~Velor~ent Order, to the Board of
County Commissioners of Collier County, the Southwest
Florida Regional Planning Council, and the Department of
Community Affairs. This report will contain the
information required in Section 9B-16.25, Florida
Administrative Code. Failure to submit the annual
report shall be governed by Subsection 380.06(16),
Florida Statutes.
5. Subsequent requests for development permits shall not
require further review pursuant to Section 380.06,
Florida Statutes, unless it is found by the Board of
County Commissioners of Collier County, after due notice
and hearing, that one or more of the following is
present:
-24-
Words ~ are additions; words ~ are deletions.
a. A substantial deviation from the terms oc
conditions of this ~eva~ eeae~ I~
Order, or other changes to the approved development
plane which create a reasonable ltXelihood of
adverse regional i~pact or other regional impact
which were not evaluated in the review b~ the
Southwest Florida Regional Planning Council; or
b. An expiration of the period of effectiveness
this de~ et~ee Development Order as
provided her=in.
Upon a finding that either of the above is present, the
Board of County Commissioners of Collier County shall
order a termination of all development activity until
such time as a new DRI Application for Development
Approval has been submitted, reviewed, and approved in
accordance with Section 380.06, Florida Statutes.
6. The approval granted b~ this Development Order is
limited. Such approval shall not be construed to
obviate the duty of the applicant to comply with all
other applicable Aocal or state permitting procedures.
7. The definitions contained in Chapter 3S0.06, Florida
Statutes, shall control the interpretation and
construction of any terms of this Development Order.
8. That this Order shall be binding upon the developer,
assignees or successors in interest.
9. It is understood that any reference her=in 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 governmental 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 agent-t of competent
Jurisdiction, such decision shall in no manner effect
the remaining portions of this Order which shall remain
in full force and effect.
11. This resolution shall become elf=drive as provided by
law.
12. Certified copies of this Order are to be sent
immediately to the Department of Community Affairs and
Southwest Florida Regional Planning Council.
13. pursuant to {380.06~15~c~3.. Florida Statutes. this
project shall be exempt from down-zonind or intensity
reduction for a period of ten ~10} years from the date
Q~ the adoption of this amended Develo_rment Order.
$ubJect tO the conditions and limitations of said
~ection of the Florida Statutes. provided PhYSiCal
development commences within live {51 years.
SECTION TWO= FINDINGS OF FACT
A. That the real property which is the subject of the
Substantial Deviation iDA is legally described as set
forth in Exhibit A, attached her=to and by reference
Words underlined are additions~ words et~ are deletions.
B. The application is in accordance with Section
380.06(19), Florida Statutes.
C. The applicant submitted to the County a Substantial
Deviation ADA and sufficienc-f responses kno~ as
composite L~xhibit B, and k~J reference made a part
hereof, to the extent that they are not inconsistent
with the terms and conditions of this order.
D. The applicant proposes the development of Pine Air Lakes
on 148.99 acres of land in Collier Codnty for
residential, recreational and open space uses.
Z. The proposed changes to the previously approved
Development Order are consistent with the report and
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.
G. The development is not in an area desi~ated an Axes of
Critical State Concern pursuant to the provisions of
Section 380.06, Florida Statutes, as amended.
SECTION ~REBZ CONCLUSIONS 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 Development Order Amendment includes
operations descrik~d in the Notice of Change to a
Previously Approved DRI, Exhibit B, attached hereto and
by reference made part hereof.
B. The proposed changes to the previously approved
Development Order are consistent with the report and
recommendations of the SWFRPC.
C. The proposed changes to the previously approved
development will not unreasonably interfere with the
achievement of the objectives of the adopted State Iand
Development Plan applicable to the area.
D. 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.
SECTION FOD~: ~FECT OF PR~IOUSLY XSBU~) DE~PM~rT ORDER,
~3LNSMI~ TO ~A~/fD ~ECTi"V~ DATB
A. Except a~ amended hereby, Development Order 85-5 shall
remain in full force and effect, binding in accordance
with its terms on all parties thereto.
B. Copies of this Development Order 94- shall
transmitted i~u~ediately upon execution to the Department
of Community Affairs, Bureau of Land and Water
Management, and the Southwest Florida Regional Planning
Council.
Words J~ are additions/words e~uo~ ~hreugh ~re deletions.
C. This Development Order shall tame sffec~ as provided by
law.
BE IT F13R~ER ]~ESOLVE~ that this Resolution be recorded in
the minutes of this Board.
Commissioner Sau~ao,.~ offered the foregoing
Resolution for ~u~option, seconded by Commissioner .. No. rris
and upon roll call, the vote was:
AYES: Commissioner Saunders,. Commissioner Norris,. Commissioner
VoZpe,. Commissioner Na~hews and Commissioner Constantine
NAYS:
ABSLmNT ~ NOT VOTING=
ABStraCTION:
,'8~'}/h. is 10:h day of May , 1994.
· ~'A~: '."] '~ co ss o
i'~.Y' ...~.-- ~ '(' ~,~,. ~ ,~-. cmum~N
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
DOA-94-1/md/12361
Words M~ are additions; words ~ are deletions.