Resolution 1990-505 (DO 90-7) ' # OCTOBER 23, 1990 I,
DEVELOPMENT ORDER 90- 7
' ='. RESOLUTION 90- 505
TAB
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.,f-• DEVELOPMENT ORDER AND RESOLUTION OF THE
.1.1';i-, BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA FOR THE REGENCY VILLAGE OF
NAPLES PLANNED UNIT DEVELOPMENT, AMENDING
DEVELOPMENT ORDER 90-1, RESOLUTION 90-67,
PURSUANT TO THE TERMS OF A STIPULATED
SETTLEMENT AGREEMENT BETWEEN THE DEPARTMENT
OF COMMUNITY AFFAIRS, SOUTHWEST FLORIDA
REGIONAL PLANNING COUNCIL AND STEPHEN
TAVILLA, FOR PROPERTY LOCATED IN SECTIONS 18
AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
H->. COLLIER COUNTY, FLORIDA.
$ A ,; WHEREAS, on February 13, 1990, the Board of County
Commissioners, at an open public hearing in accordance with
'4': Section 380.06, Florida Statutes, considered the application for
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.°y. Development of Regional Impact for Regency Village of Naples; the
;-• report and recommendations of the Southwest Florida Regional
l'
` } . Planning Council (SWFRPC) ; the certified record of the documentary
4.
, -: and oral evidence presented to the Collier County Planning
Commission; the report and recommendations of the Collier County
j- A.'
R ' Planning Commission (CCPC) ; the recommendations of Collier County
's Staff and Advisory Boards; and the comments upon the record made t
i
before this Board of County Commissioners at said meeting, and did
approve the Development Order 90-1 by Resolution 90-67; and
't.
WHEREAS, on or about April 6, 1990, the Florida Department of
r '� ?,`s
it' Community Affairs (DCA) appealed Collier County Development Order
.r. 90-1 for the Regency Village of Naples Planned Unit Development
•T,
r*, • pursuant to Section 380.07
; , Florida Statutes, following which the
ce' SWFRPC intervened in that proceeding; and
'� WHEREAS, the parties have negotiated and reached agreement as
k ,', to specific revisions of the Development Order which, if adopted,
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‘',;:; resolve the issues raised in the DCA appeal Petition. The
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' - specific revisions are set forth in this amendment to the•
+ -1,z,Development Order; and
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a 000 PAGE .46
I Words underlined are additions;. Words struek-through are deletions.
� x,-4
OCTOBER 23, 1990
e. WHEREAS, pursuant to Section 380.031, Florida Statutes,Mr-ci*
DCA has the authority to enter into agreements which effectuate
the intent and provisions of Section 380.06 of the Florida
-4 Statutes; and
WHEREAS, pursuant to Section 186.505, Florida Statutes, the
;_. SWFRPC has the authority to enter into agreements which effectuate
� .: the intent and provisions of Section 380.06 of the Florida
; Statutes.
}$ WHEREAS, the Board of County Commissioners must approve the
'^' : revised language in an amended Development Order;
lr . NOW, THEREFORE BE IT RESOLVED by the Board of County
= Commissioners of Collier County, Florida, that Development Order
90-1 shall be amended as follows:
rt
r, SECTION ONE
..sue .,' That the Regency Village of Naples Development Order 90-1
(Resolution 90-67) as adopted on February 13, 1990, is
7. incorporated herein
by reference and approved except as
specifically clarified and amended in this Resolution.
SECTION TWO:
",4.1,4* The Development Order 90-1 (Resolution 90-67) for the Regency
,tea Village of Naples Development of Regional Impact, Paragraph 4.
Transportation, is hereby amended to read as follows:
' .*= 4. TRANSPORTATION:
a. The applicant or his successors shall be fully
responsible for site-related roadway and intersection improvements
required within the Regency Village DRI. The applicant shall be
.• ;" required to pay the full cost of any site-related intersection
improvements (including but not limited to signalization, turn
lanes and additional through lanes) found to be necessary by
r Collier County for the project's access intersection onto
Immokalee Road (CR 846) .
b. The-prefect-shell-be-subject-te-the-eeneurreney
Henn ement-B stem- eMS
4 y { }-ef-eeilier-county-as-adopted-in-its-6rewth
Management-Pienr--The-eeunty-has-eensidered-the-regienel-reedway
segments-end-regienel-reedwey-interseetiens-prejeeted-by-the
BWFRPe-to-be-significantly-impacted-by-the-project,--and-has-made
the-decision-that-te-require-eempiienee-with-the-emS-is-the
epprepriate-way-te-eeeommedete-the-impacts-ef-this-prefect-nnd-te
assure-that-trenspertetien-facilities-ere-provided-eeneurrentiy
` �.e . with-the-impacts-ef-this-prejeet: The Regency Village of Naples
;41* ' ® 000 PAGE 47
11, v ' Words underlined are additions;. Words struek-threngh are deletions.
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. 1? OCTOBER 23, 1990 .
DRI shall be subiect to the Collier County Adequate Public
. •., .
Facilities Ordinance (Ordinance No. 90-24) . The Collier County
Adequate Public Facilities Ordinance ("APF" Ordinance) generally
, .-. requires that by May 1 of each Year an Annual Update and Inventory ..
Report on public facilities (AUIR) . including roadways, be
prepared and submitted to the County. The APF Ordinance requires
the Board of County Commissioners to establish areas of . .
significant influence (ASI) around any road segment or
intersection which is deficient or is protected by the AUIR to
become deficient and which is not scheduled for improvement in the
Capital Improvement Element (CIE) of the comprehensive plan in a
manner and time which would provide facilities concurrent with the
impacts of development pursuant to said APF Ordinance. If any of
the road segments identified in Paragraph 4.b. (2) of this
development order become deficient in the future the County shall
establish an area of significant influence (ASI) around such
pegment Pursuant to the Collier County Adequate Public Facilities
Ordinance. Pursuant to the APF Ordinance, projects within the
boundaries of an ADI which is drawn around a deficient road
segment are unable to obtain further Certificates of Public
. Facility Adequacy. Pro-sects within the ASI drawn around a road
pegment which is protected to become deficient are unable to
obtain Certificates of Public Facility Adequacy that would allow
impacts to exceed the remaining capacity of those road segments.
The standards to be utilized by Collier County in establishing the
boundaries of the ASI's are set forth in Section 7,4,2 of the APF
. ,
.., Ordinance.
-.,..,.
, - In addition to the provisions of the Collier County APF
Ordinance. the Regency Village DRI shall be subject to the
following conditions regarding the transportation impacts of the
development:
. .
. ., (1) The Regency Village Development of Regional Impact
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is subiect to the specific requirements of the Adequate Public .
.,./, Facilities Ordinance No. 90-24 as that Ordinance existed on July
•%.,
1, 1990. Any amendment to the transportation portion of that
Ordinance by Collier County shall not be effective or applied to
the Regency Village of Naples DRI unless and until this
Development Order is amended to incorporate and render applicable
such changes or amendments to the APF Ordinance, t •
. .
(2) The official recommendations in the report of the •
Southwest Florida Regional Planning Council on the Regency Village
of Naples DRI identified the following regionally significant
roadway segments and regionally significant roadway intersections . .
that are protected to be significantly impacted by the Regency
Village of Naples DRI by the date of its final buildout. The
--. regionally significant roadways and intersections identified in
said report are the following:
• • .
is'....-•
.-,*- US 41
Yiggins Pass Road (CR 88) to Immokalee Road (CR 846)
- •
Immokalee Road (CR 846)
US 41 to 1-75
1 : ::,1'
Airport Road (CR 31)
Immokalee Road (CR 846) to Pine Ridge Road (CR 896) • . .
, -,•;!,,..,r
Intersections
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Immokalee Road (CR 846) at 1-75 east and west ramps
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Immokalee Road (CR 846) to Livingston Road
› , Immokalee Road (CR 846) at Airport Road (CR 31) •
.• Immokalee Road (CR 846) at Goodlette Road (CR 851)
Immokalee Road (CR 846) at US 43,
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Words underline are addditions; Words stuck-through are deletions.
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000pAGE 48.
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OCTOBER 23, 1990
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(3) The Avolicant shall provide within fifteen (15)
,
';',C gays of publication each year. a copy of said AUIR on the regional
- ' facilities set forth in Subsection 4b, (2) hereof to the DCA and
§WFRPC.
/I (4) In the event that the Collier Coun y Board of
,.. .
4 . County Commissioners designates an ASI around a deficient road
- pegment identified in Subsection 4.b. (2) hereof that is predicated
to be substantially impacted by the Regency Village DRI and the
ASI does not include the Regency Village DRI, then the applicant
phall file a Notice of Change of this development order with
Collier County. the Southwest Florida Regional Planning Council
And the Department of Community Affairs. pursuant to Section
..., 380.06(19) . Florida Statutes.
(5) The applicant shall file a Notice of Change within
,
.e, sixty (60) days from the date the County creates an ASI for such a
',v.. deficient road segment that excludes the Regency Village of Naples
e..1-
DRI. The applicant shall file with the Notice of Change a current
traffic analysis and other information attempting to establish
that the Regency Village of Naples DRI is not having a substantial
Impact upon the pertinent road segment, or other iustification for
the County's exclusion of the DRI from the ASI. If an ASI is
established for for any deficient road segment listed in Paragraph
4.b. (2) of the development order that does not include the Regency
Village of Naples DRI. the DRI shall not apply for or be issued
any Certificate of Public Facility Adequacy until the Notice of
Change decision is made by Collier County. if neither DCA no
SwFRPC Participates in the public hearing on the Notice of Change
pursuant to 380,06(19) (f) and the change is adopted by Collier
County, as proposed, or until any appeal of such decision to the
Florida Land and water Adjudicator,/ Commission is resolved.
(6) For purposes of enforcement of this development
order the Regency Village of Naples DRI shall be deemed to have A
pubstantial impact upon a deficient road segment if its traffic
impacts exceed five Percent (5%) of the level of service "D" peak
Pour. peak season capacity of the roadway.
(7), The County shall provide the requisite 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 Regency Village of Naples DRI Development
Order to record its determination as to whether or not Regency
Village is having a substantial impact upon the deficient road
segment or otherwise should not be included within an ASI for the
deficient road segment. In making this determination, the County
phall include the impacts resulting from all development to occur
pursuant to the Certificates of Public Facility Adequacy s
previously issued to Regency Village of Naples. The amendment to A.
the Regency Village of Naples Development Order is appealable
pursuant to Subsection 380.06(19) and Section 380.07, Florida
§tatutes,
kg, (8) Zf neither DCA nor SWFRPC Participates in the • '
public hearing on the Notice of Change pursuant to 380.06(19) (f) ,
And the change is adopted by Collier County as proposed, the
Regency Village of Naples DRI may be issued Certificates of
Adequate Public Facilities following the County's development
order decision. If either DCA or SWFRPC Participates in the
public hearing, the Applicant shall not apply for or be issued
Certificates of Adequate Public Facilities until the deadline for
Appeal of the Collier County decision has expired pursuant to
Section 380.07. Florida Statutes, and no appeal has been filed,
. a
er eeiiier-eounty-and-the-appiieant-may-eensider-eptiens-te
previde-adequate-eemmitments-fer-needed-imprevement-to
transpertatien-faeiiities-si nifieantiy-impaeted-by-this-preieet7
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Words underlined are additions;. Words struek-threugh are deletions.
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OCTOBER 23, 1990
f provided-that-the-options-meet-the-following-eriteriar--The
:.4h6` transportation-impacts-to-the-reads-and-intersections •
}4r:,-; signifieantiy-impacted-shalt-be-apprepriateiy-addressed-consistent
with-Beuthwest-Plerida-Regional-Pianning-eouneil-policies--and-the
determination-er-proportional-share,--pipeiining--or-other
mitigative-measures-shall-be-in-accordance-with-Seetien-I63r3$ES,-
463r32437-Pieride-Statutes,--which-authorises-beeai-eevernment
' ', Bevelepment-Agreements-and-requires-consistency-with-the-Growth
.. Management-Plan:
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a ;. dr g,. Interconnection between Regency Village and adjacent
, subdivision shall be encouraged.
er If Piper Boulevard is extended as a frontage road from
<' '°' Livingston Road to the property boundary of Regency Village, an
•`'y ::`' interconnection to Regency Village will be reviewed by the
- 4r. applicant and by the County Department of Transportation at that•
time. If the County deems the interconnection is appropriate, the developer shall provide for the interconnection.
%J''<, . fr g.,. On CR-846 west of 1-75, a one-mile spacing for major
roadway intersections will be implemented for the probable build-
' ' `. out condition of six thru lanes. During two-lane conditions and
rf,,, four-lane conditions, a major "access" intersection will be
, ;,i., allowed at an approximate one-quarter mile spacing with the
' , following conditions/constraints:
2,f 1. At the time of warrants being met for signal systems,
the signal system shall be installed at the developer's fair share
, t' expense, shall be coordinated with the signal system(s) at I-75
and Livingston Road, and shall be operated in such a fashion so as
,' 1 to minimize thru movement delays ("access" intersection cycle
;-,,; dependent upon completion of thru movement cycles) .
2. At the time of CR-846 six-laning, the County retains the
; option of signal system removal along with median opening removal
,, at the one-quarter mile intersecting spacing location.
t
3. At the time after permitting median openings/
.,-, installation of signal systems, the County retains the option to
remove median opening and/or signal system at the one-quarter mile
', ' intersection spacing location should either or both traffic
;'N accident data and thru lane capacity data indicate a need based on
criteria set forth in the current edition of the Manual on Uniform
,, Traffic Control Devices (MUTCD) , FDOT policy, and/or County .,
3., policy.
•
F BE IT FURTHER RESOLVED that this Resolution be recorded in the
:� �`','` minutes of this Board.
•
Commissioner Goodnight offered the foregoing Resolution ,
n • and moved for its adoption, seconded by Commissioner Shanahan
' ® O00 PAGE 50
1. Words' underlined are additions;. Words atruek-through are deletions.
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OCTOBER 23, 1990
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ar ; and upon roll call the vote was:
Fe. 4 ■
AYES: Commissioner Goodnight, Commissioner Shanahan, Commissioner Volpe,
"' Commissioner Saunders, and Commissioner Hasse
1,. :A, NAYS:
p
t t
S ':Fri. ABSENT AND NOT VOTING:
s • ,
` •)fr , ABSTENTION:
r •0" off.
L* y' Done this 23rd day of 'October 1990.
4 F BOARD OF COUNTY COMMISSIONERS
f
.. . COLLIER COUNTY, FLORIDA
sj ;ATI� TJ��iJ oF�O P // I/ •
'_` $ r.J MES.C. GfLI}S•,CCLERK BY: T!. I►!C i
► •,i, ::. {< I . A. HASSE, •., CHA'0
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x;4'"ii APPJ OVED AS TO- '0-+ AND LEGAL SUFFICIENCY:
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' a4 gill.!'
'' 4k,' MARJ E M. STUDENT
• '4',1 t,, ASSISTANT COUNTY ATTORNEY
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l:, =p' REGENCY VILLAGE DEVELOPMENT ORDER
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'' ,,,-. Words underlined are additions; Words stuck-through are deletions.
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